HomeMy WebLinkAboutResolution 01-06 to 62-06"r
RESOLUTIONS
2006
NO. TITLE ADOPTED
61-06 RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AGREEMENTS WITH THE STATE BOARD
OF EQUALIZATION FOR IMPLEMENTATION OF
A LOCAL TRANSACTIONS AND USE TAX 12-I1-06
62-06 RESOLUTION AUTHORIZING TO ENTER INTO
A GRANT AGREEMENT WITH THE STATE
COASTAL CONSERVANCY FOR $130,000 TO
SUPPORT TRANSITIONING SAN LUIS OBISPO
COUNTY HARBORS AND COMMERCIAL
FISHERIES TO A MORE SUSTAINABLE FUTURE 12-11-06
RESOLUTIONS
2006
NO. TITLE ADOPTED
53-06 RESOLUTION AMENDING THE ADOPTED RULES
AND REGULATIONS FOR USE OF PIERS, DOCKS AND
MOORING AREAS WITHIN THE CORPORATE LIMITS
OF THE CITY OF MORRO BAY 10-23-06
54-06 RESOLUTION AUTHORIZING SUBMISSION OF
APPLICATIONS TO THE RURAL TRANSIT
FUND GRANT PROGRAM 11-13-06
55-06 RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE A LANDLORD'S ESTOPPEL CERTIFICATE
AND LANDLORD'S CONSENT AGREEMENT FOR
LEASE SITE 71-74/71W-74W AND LEASE SITE
75-77/75W-77W 11-13-06
56-06 RESOLUTION APPROVING A SUBLEASE FOR A
PORTION OF LEASE SITE 86/86W 11-13-06
57-06 RESOLUTION RELATING TO THE CLASSIFICATIONS,
COMPENSATION AND TERMS OF EMPLOYMENT OF
THE MISCELLANEOUS EMPLOYEES 11-13-06
58-06 RESOLUTION CONDITIONALLY GRANTING
CONSENT TO THE COUNTY OF SAN LUIS OBISPO
TO FORM THE SAN LUIS OBISPO COUNTY
TOURISM BUSINESS IMPROVEMENT DISTRICT 11-13-06
59-06 RESOLUTION ESTABLISHING USER RATES FOR
RESIDENTIAL WASTEWATER SERVICES 11-13-06
60-06 RESOLUTION RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD IN THE
CITY ON THE 7TH DAY OF NOVEMBER 2006
DECLARING THE RESULTS THEREOF, AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW 12-06-06
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RESOLUTIONS
2006
NO. TITLE ADOPTED
47-06 RESOLUTION ADOPTING A REVISED
CONFLICT OF INTEREST CODE AND
SUPERSEDING RESOLUTIONS IN
CONFLICT THEREWITH 09-25-06
48-06 RESOLUTION JOINING THE STATEWIDE
COMMUNITY INFRASTRUCTURE PROGRAM 09-25-06
49-06 RESOLUTION PROHIBITING ON -STREET
PARKING ON A PORTION OF HARBOR STREET
WEST OF PINEY WAY AND REMOVING AN
ON-STRET PARKING PROHIBITION ON A
PORTION OF HARBOR STREET EAST OF
PINEY WAY 10-09-06
50-06 RESOLUTION APPROVING AN APPLICATION
AND CONTRACT EXECUTION FOR FUNDING
GROM THE GENERAL/NATIVE AMERICAN
ALLOCATION OF THE STATE CDBG PROGRAM
AND COMMITMENT OF FUNDS AND AUTHORIZING
THE EXECUTION OF A GRANT AGREEMENT AND
ANY AMENDMENTS THERETO WITH THE STATE
OF CALIFORNIA FOR THE PURPOSES OF THE
GRANT 10-23-06
51-06 RESOLUTION APPROVING AMENDMENT #3 TO
THE LEASE AGREEMENT FOR LEASE SITE 113W
LOCATED ADJACENT TO 1215 EMBARCADERO,
EXTENDING THE TERM OF THE LEASE AGREEMENT
FOR SIX YEARS
10-23-06
52-06 RESOLUTION AUTHORIZING EXECUTION OF A
GRANT AGREEMENT WITH THE MORRO BAY
NATIONAL ESTUARY PROGRAM/BAY FOUNDATION
TO ACCEPT A $38,500 GRANT FOR SMALL OIL SPILL
EQUIPMENT AND DISPOSAL 10-23-06
RESOLUTIONS
2006
NO. TITLE ADOPTED
38-06 RESOLUTION ESTABLISHING APPROPRIATIONS
LIMIT 08-14-06
39-06 RESOLUTION ESTABLISHING USER RATES
FOR WASTEWATER SERVICES 08-28-06
40-06 RESOLUTION DECLARING AN EMERGENCY
CONDITION EXISTS REGARDING THE FISHING
VESSEL SUSAN DIANE AND AUTHORIZING
THE IMMEDIATE EXPENDITURE OF PUBLIC
MONEY TO SAFEGUARD PUBLIC HEALTH
AND SAFETY 08-14-06
41-06 RESOLUTION ASSIGNING LEASE AGREEMENT
FOR LEASE SITE 86-86W, THE FISH BOWL
RESTAURANT LOCATED AT 801 EMBARCADERO 08-28-06
® 42-06 RESOLUTION APPROVING AGREEMENT
REGARDING DEED OF TRUST: LESSOR'S
ACKNOWLEDGEMENT AND CONSENT FOR
THE LEASE AGREEMENT FOR LEASE SITE
91-92/91W-92W AND THE ACKNOWLEDGEMENT
THAT THE LEASE AGREEMENT IS HELD BY
THE ANDERSON FAMILY PARTNERSHIP 08-28-06
43-06 RESOLUTION ACCEPTING $100,000 FROM THE
STATE OF CALIFORNIA CITIZENS OPTION
FOR PUBLIC SAFETY (COPS) PROGRAM 09-11-06
44-06 RESOLUTION OF INTENTION TO APPROVE
AN AMENDMENT TO THE CONTRACT
BETWEEN THE PERS BOARD OF ADMINISTRATION
AND THE CITY OF MORRO BAY 09-25-06
45-06 VOID
46-06 RESOLUTION ADOPTING THE CITY OF MORRO
BAY LOCAL HAZARD MITIGATION PLAN 09-25-06
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RESOLUTIONS
2006
NO. TITLE ADOPTED
31-06 RESOLUTON ADOPTING THE NATIONAL
INCIDENT MANAGEMENT SYSTEM 07-10-06
32-06 RESOLUTION CALLING A GENERAL
MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 7, 2006 FOR THE PURPOSE OF
ELECTING CERTAIN OFFICERS OF SAID
CITY; AND REQUESTING THE BOARD OF
SUPERVISORS TO CONSOLIDATE SAID
ELECTION WITH THE CONSOLIDATED
DISTRICTS ELECTION 07-10-06
33-06 RESOLUTION ORDERING THE SUBMISSION
TO THE QULAIFIED ELECTORS OF THE CITY
A MEASURE RELATING TO THE ESTABLISHMENT
OF A LOCAL TRANSACTIONS AND USE TAX
(SALES TAX) AT THE GENERAL ELECTION 07-10-06
34-06 RESOLUTION APPROVING AMENDMENT TO
THE LEASE AGREEMENT FOR LEASE SITE
87-88/87W-88W 07-10-06
35-06 RESOLUTION AUTHORIZING TO ENTER INTO
A GRANT AGREEMENT WITH THE DEPARTMENT
OF BOATING & WATERWAYS FOR $80,000 FOR
MORRO BAY STATE PARK REHABILITATION
PROJECT PLANNING
07-10-06
36-06 RESOLUTION REAFFIRMING INVESTMENT OF
MONIES IN THE LOCAL AGENCY INVESTMENT
FUND AND DESIGNATE TRASACTION
OFFICERS 07-10-06
37-06 RESOLUTION SUBMITTING TO THE VOTERS
BALLOT MEASURES AT THE GENERAL
MUNICIPAL ELECTION; AUTHORIZING CITY
COUNCIL MEMBERS TO FILE WRITTEN
ARGUMENTS FOR OR AGAINST THE MEASURE;
AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS 07-10-06
RESOLUTIONS
2006
NO. TITLE ADOPTED
24-06 RESOLUTION DECLARING THE CITY'S
INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE MAINTENANCE
OF THE NORTH POINT NATURAL AREA 05-22-06
25-06 RESOLUTION ADOPTING THE OPERATING
BUDGETS AND MAKING APPROPRIATIONS
FOR FISCAL YEAR 2006-2007 06-12-06
26-06 RESOLUTION AUTHORIZING THE CITY TO
OFFER AND PERFORM ROUTINE CREEK
MAINTENANCE SERVICES FOR A FEE ON
BEHALF OF PRIVATE PROPERTY OWNERS 06-12-06
27-06 RESOLUTION APPROVING AMENDMENT #3
TO LEASE AGREEMENT FOR LEASE SITE
105.1W-105.2W LOCATED AT 1001 FRONT ST. 06-12-06
28-06 RESOLUTION DECLARING THE CITY'S
INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE MAINTENANCE
OF THE CLOISTERS PARK AND OPEN SPACE 06-12-06
29-06 RESOLUTION DIRECTING THE LEVY OF THE
ANNUAL ASSESSMENT FOR THE CLOISTERS
LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 06-26-06
30-06 RESOLUTION DIRECTING THE LEVY OF THE
ANNUAL ASSESSMENT FOR THE NORTH
POINT NATURAL AREA LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT
DISTRICT 06-26-06
RESOLUTIONS
2006
NO. TITLE ADOPTED
16-06 RESOLUTION APPROVING A SHORT-TERM
LEASE AGREEMENT FOR LEASE SITE 133W,
LOCATED AT 1251 EMBARCADERO 04-10-06
17-06 RESOLUTION IN SUPPORT OF HR 4782,
TO PERMANENTLY PROHIBIT OIL AND GAS
LEASING OFF THE COAST OF THE STATE
OF CALIFORNIA 04-10-06
18-06 RESOLUTION AUTHORIZING EXECUTION
OF PROGRAM SUPPLEMENTS WITH THE
STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION TO RECEIVE FEDERAL
AND GRANT FUNDS 04-10-06
® 19-06 RESOLUTION ENDORSING THE U.S. MAYORS
CLIMATE PROTECTION AGREEMENT 04-22-06
20-06 RESOLUTION ACCEPTING AN OFFER OF
DEDICATION OF AN EASEMENT FOR
PEDESTRIAN AND BIKE PATH PURPOSES
ALONG MAIN STREET 05-08-06
21-06 RESOLUTION APPROVING ASSIGNMENT OF
ONE-THIRD INTEREST IN THE LEASE
AGREEMENT FOR LEASE SITE 53-56/53W-56W.
LOCATED AT 501 EMBARCADERO 05-22-06
22-06 RESOLUTION APPROVING SUBLEASE
AGREE,MT FOR A PORTION OF LEASE
SITE 53-56/53W-56W LOCATED AT
501 EMBARCADERO 05-22-06
23-06 RESOLUTION AMENDING COUNCIL POLICIES
AND PROCEDURES MANUAL REGARDING
CANCELLATION OF MEETINGS 05-22-06
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RESOLUTIONS
2006
NO. TITLE ADOPTED
08-06 RESOLUTION AMENDING THE OPERATING
CAPITAL IMPROVEMENT BUDGETS AND
MAKING SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 2005-2006 02-27-06
Ralill
VOID
10-06 RESOLUTION AMENDING THE BY-LAWS FOR
ADVISORY BOARDS REGARDING MEETING
ATTENDANCE REQUIREMENTS 02-27-06
11-06 RESOLUTION ADOPTING INTERPRETATION
FOR COMMON OPEN SPACE AND REQUIREMENTS
FOR COMMUNITY HOUSING PROJECTS 03-13-06
12-06 RESOLUTION OF INTENTION TO APPROVE
AN AMENDMENT TO THE CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY
(3% AT 50 FOR LOCAL FIRE MEMBERS) 03-13-06
13-06 RESOLUTION ACCEPTING AN OFFER OF
DEDICATION OF AN ACCESS EASEMENT
AND ABANDONMENT OF AN EXISTING CITY
ACCESS EASEMENT AT 2670, 2680 AND 2690
NUTMEG AVENUE 03-27-06
14-06 RESOLUTION INITIATING PROCEEDINGS
TO LEVY THE ANNUAL ASSESSMENT FOR
THE NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 04-10-06
15-06 RESOLUTION INITIATING PROCEEDINGS
TO LEVY THE ANNUAL ASSESSMENT FOR
THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT 04-10-06
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RESOLUTIONS
2006
NO. TITLE ADOPTED
01-06 RESOLUTION ADOPTING THE CITY
INVESTMENT POLICY AND DELEGATING
AUTHORITY TO THE CITY TREASURER
TO INVEST IDLE FUNDS 01-09-06
02-06 RESOLUTION APPROVING FORMATION
OF UNDERGROUND UTILITY DISTRICT
NO.7 01-09-06
03-06 RESOLUTION APPROVING MORRO BAY
GARBAGE SERVICE INTERIM YEAR RATE
ADJUSTMENT APPLICATION AND ADJUSTING
SOLID WASTE COLLECTION RATES 01-09-06
04-06 RESOLUTION ACCEPTING THE FINAL MAP
FOR AN APPROVED FIVE -LOT RESIDENTIAL
SUBDIVISION KNOWN AS TRACT 2648 01-23-06
05-06 RESOLUTION APPROVING AGREEMENT
REGARDING DEED OF TRUST FOR
LEASE SITE 89/89W 01-23-06
06-06 RESOLUTION APPROVING LEASE AGREEMENT
FOR LEASE SITE 91-92/91 W-92W LOCATED AT
899 EMBARCADERO (ANDERSON) 02-14-06
07-06 RESOLUTION DECLARING AN EMERGENCY
CONDITION EXISTS REGARDING THE
CONDITION OF THE MORRO BAY FIRE
STATION AND AUTHORIZING THE IMMEDIATE
EXPEDITURE OF PUBLIC MONEY TO
SAFEGUARD PUBLIC HEALTH AND SAFETY 02-14-06
9 RESOLUTION NO.6246
AUTHORIZATION TO ENTER INTO A GRANT AGREEMENT # 06-076
WITH THE STATE COASTAL CONSERVANCY FOR $130,000
TO SUPPORT TRANSITIONING SAN LUIS OBISPO COUNTY HARBORS AND
COMMERCIAL FISHERIES TO A MORE SUSTAINABLE FUTURE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay Harbor and Port San Luis Harbor have historically
been fishing ports with working waterfronts supporting family owned fishing businesses; and,
WHEREAS, current regulatory and business issues have significantly reduced
commercial fishing businesses in both ports, affecting infrastructure, tourism and local
businesses; and,
WHEREAS, the City of Morro Bay has supported continuation of commercial fishing
uses and working waterfront uses through special zoning north of Beach Street and by many
resolutions of the City Council; and,
WHEREAS, the City of Morro Bay recognizes that to support commercial fishing in the
future, in balance with protecting our unique and beautiful natural environment, fishing
® businesses will have to transition to more sustainable practices, lower environmental impact
gears, and higher dollar lower volume markets; and,
WHEREAS, the California State Legislature has established the California State Coastal
Conservancy (Conservancy) under Division 21 of the California Public Resources Code, and has
authorized the Conservancy to award grants to public agencies and non-profit organizations to
implement these provisions, and
WHEREAS, grants are awarded under the eligibility guideline adopted by the
Conservancy and on November 9, 2006 the Conservancy authorized a grant of up to $130,000 to
the City of Morro Bay to support transitioning SLO County harbors and commercial fisheries to
a more sustainable future; and,
WHEREAS, procedures established by the Conservancy require the grantee to agree to
the attached list of assurances and authorize execution of grant agreement
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the City Council hereby approves Grant Agreement #06-076 with the Conservancy and
hereby authorizes the Harbor Director to execute said grant agreement.
BE IT FURTHER RESOLVED, that the City Council hereby agrees to the attached list
of assurances.
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Resolution No. 62-06
® Page Two
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 11'h day of December 2006 by the following vote:
AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters
NOES: None
ABSENT: None
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RESOLUTION NO.61-06
® A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MORRO BAY
AUTHORIZING THE MAYOR TO EXECUTE
AGREEMENTS WITH THE STATE BOARD OF EQUALIZATION FOR
IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX
The City Council,
City of Morro Bay, California
WHEREAS, on August 14, 2006, the City Council approved Ordinance No. 519 amending the
City Municipal Code and providing for a local transactions and use tax; and
WHEREAS, the State Board of Equalization (Board) administers and collects the transactions
and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Board will be responsible to administer and collect the transactions and use
tax for the City; and
WHEREAS, the Board requires that the City enter into a "Preparatory Agreement' and an
"Administration Agreement' prior to implementation of said taxes; and
® WHEREAS, the Board requires that the City Council authorize the agreements.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay that
the "Preparatory Agreement' attached as Exhibit A and the "Administrative Agreement' attached as
Exhibit B are hereby approved and the Mayor is hereby authorized to execute each agreement.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held
on the I I`s day of December 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSTAIN: None
ATTEST:
BRIDGEJ:. .
EXHIBIT "A"
`�. AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of Mono Bay, hereinafter called City, and the STATE BOARD OF
EQUALIZATION, hereinafter called Board, do agree as follows:
1. The Board agrees to enter into work to prepare to administer and operate a transactions and
use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been
approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Board at the times and in the amounts hereinafter specified all of
the Board's costs for preparatory work necessary to administer the City's transactions and use tax
ordinance. The Board's costs for preparatory work include costs of developing procedures,
programming for data processing, developing and adopting appropriate regulations, designing and
® printing forms, developing instructions for the Board's staff and for taxpayers, and other appropriate
and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall
include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Board. The billings for costs may be
presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Board shall be referred to
the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Board shall be billed by the Board periodically, with the
final billing within a reasonable time after the operative date of the ordinance. City shall pay to the
Board the amount of such costs on or before the last day of the next succeeding month following the
month when the billing is received.
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6. The amount to be paid by City for the Board's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) is
7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Board shall be addressed to:
STATE BOARD OF EQUALIZATION
P. O. BOX.942879
SACRAMENTO, CALIFORNIA 94279-0073
ATTENTION: EXECUTIVE DIRECTOR
Communications and notices to be sent to City shall be addressed to:
CITY OF MORRO BAY
FINANCE DIRECTOR
595 HARBOR STREET
MORRO BAY, CA 93442
8. The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Board has received all payments
due from City under the terns of this agreement.
CITY OF MORRO BAY
By
Janice Peters
(Typed Name)
Mayor
(Title)
(Rev. 11/02)
STATE BOARD OF EQUALIZATION
(Executive Director)
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® EXIEBIT `B"
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Morro Bay has adopted, and the voters of the City of Morro Bay
(hereafter called "City" or "District") have approved by the required majority vote, the City of Morro Bay
Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a copy of which is attached hereto:
To cant' out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the
Ordinance, the State Board of Equalization, (hereinafter called the "Board") and the City do agree as
follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above
and attached hereto, Ordinance No. 519. as amended from time to time, or as deemed to be amended from
time to time pursuant to Revenue and Taxation Code Section 7262.2.
® ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Board and City agree that the Board shall perform exclusively all
functions incident to the administration and operation of the City Ordinance.
B. Other Applicable Laws. City agrees that all provisions of law applicable to the
administration and operation of the State Sales and Use Tax Law, which are not inconsistent with Part 1.6
of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of
the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited
into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for
any authorized purpose, including making refunds, compensating and reimbursing the Board pursuant to
Article IV of this Agreement, and transmitting to City the amount to which City is entitled.
C. Transmittal of money.
I. For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically
as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City's self-imposed limits
or by final judgment of any court of the State of California holding that City's ordinance is invalid or
® void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not
less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City IV
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Board shall prescribe and adopt such rules and regulations as in its judgment are
necessary or desirable for the administration and operation of the City Ordinance and the distribution of
the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Board shall give no preference in applying money received for state sales and use taxes,
state -administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer,
but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and
counties, redevelopment agencies, other districts, and City as their interests appear.
F. Security. The Board agrees that any security which it hereafter requires to be furnished by
taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for
the payment of the claims of City for district taxes owing to it as its interest appears. The Board shall not
be required to change the terms of any security now held by it, and City shall not participate in any
security now held by the Board.
G. Records of the Board.
When requested by resolution of the legislative body of the City under section 7056 of the
Revenue and Taxation Code, the Board agrees to permit authorized personnel of the City to examine the
records of the Board, including the name, address, and account number of each seller holding a seller's
permit with a registered business location in the City, pertaining to the ascertainment of transactions and
use taxes collected for the City. Information obtained by the City from examination of the Board's
records shall be used by the City only for purposes related to the collection of transactions and use taxes
by the Board pursuant to this Agreement.
H. Annexation. City agrees that the Board shall not be required to give effect to an annexation,
for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than
the first day of the calendar quarter which commences not less than two months after notice to the Board.
The notice shall include the name of the county or counties annexed to the extended City boundary. In
the event the City shall annex an area, the boundaries of which are not coterminous with a county or
counties, the notice shall include a description of the area annexed and two maps of the City showing the
area annexed and the location address of the property nearest to the extended City boundary on each side
of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Board's contracts with all districts that impose
transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the
Revenue and Taxation Code:
1. Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion of
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the Board, to all districts with which the Board has contracted using ratios reflected by the distribution of
district tares collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Board;
and all amounts refunded or credited may be distributed or charged to the respective districts in the same
ratio as the taxpayers self -declared district taxes for the period for which the determination, billing,
refund or credit applies. f 4
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Board in determining the place of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Board as the Board's cost of administering the City Ordinance such
amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Board
for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail
to the addresses listed below, or to such other addresses as the parties may from time to time designate. A
® notification is complete when deposited in the mail.
Communications and notices to be sent to the Board shall be addressed to:
State Board of Equalization
P.O. Box 942879
Sacramento, California 94279-0073
Attention: Executive Director
Communications and notices to be sent to the City shall be addressed to:
City of Morro Bay
Finance Director
595 Harbor Street
Morro Bay, CA 93442
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be
sent to the address above.
. B. Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect on April 1, 2007. This Agreement shall continue until
December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed
automatically from year to year until the Board completes all work necessary to the administration of the
City Ordinance and has received and disbursed all payments due under that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Board written notice of the repeal of the
City Ordinance not less than 110 days prior to the operative date of the repeal.
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest -bearing escrow account, any proceeds transmitted to it under
Article 11. C., until a court of competent jurisdiction renders a final and non -appealable judgment that the
tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Board the moneys retained in escrow, including any accumulated interest, within ten days
of the judgment of the trial court in the litigation awarding costs and fees becoming final and non -
appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers
of any taxes collected under the terms of this Agreement, the parties mutually agree that:
I. Board may retain all payments made by City to Board to prepare to administer the
City Ordinance.
2. City will pay to Board and allow Board to retain Board's cost of administering the
City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Board or to the State of California the amount of any taxes plus
interest and penalties, if any, that Board or the State of California may be required to rebate or refund to
taxpayers.
4. City will pay to Board its costs for rebating or refunding such taxes, interest, or
penalties. Board's costs shall include its additional cost for developing procedures for processing the
rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Board's staff for use in making these rebates or refunds and any other costs
incurred by Board which are reasonably appropriate or necessary to make those rebates or refunds. These
costs shall include Board's direct and indirect costs as specified by Section 11256 of the Government
Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting,
and personnel records currently maintained by the Board. The billings for such costs may be presented in
summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Board in refunding taxes shall be
referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Board in connection with such refunds shall be billed by Board on
or before the 25th day of the second month following the month in which the judgment of a court of the
=.r
® State of California holding City's Ordinance invalid or void becomes final. Thereafter Board shall bill
City on or before the 25th of each month for all costs incurred by Board for the preceding calendar month.
City shall pay to Board the amount of such costs on or before the last day of the succeeding month and
shall pay to Board the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together
with Board costs incurred in making those refunds.
CITY OF MO AY
By
Janice Peters
(Typed Name)
Mayor
(Title)
E
0
' STATE BOARD OF EQUALIZATION
a
(Executive Director)
® RESOLUTION NO.60-06
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD IN THE CITY OF MORRO BAY ON THE 7TH DAY OF
NOVEMBER, 2006; DECLARING THE RESULTS THEREOF,
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, a regular general municipal election was held and conducted in the
City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday,
November 7, 2006 as required by law; and
WHEREAS, notice of said election was duly and regularly given in time, for and
manner as provided by law; that voting precincts were properly established; that election
was held and conducted and the votes cast thereat, received and canvassed and the returns
made and declared in time, form, and manner as required by the provisions of the
Elections Code of the State of California for the holding of elections in cities; and
® WHEREAS, the Board of Supervisors of San Luis Obispo County has duly
canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters
of the City at the General Municipal Election consolidated with the Statewide General
Election held on November 7, 2006 and the County Clerk has duly certified to this City
Council the result of the votes cast at said election which said certification is attached
hereto and by reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, as follows:
I. That there were six voting precincts established for the purpose of holding said
election consisting of consolidations of the regular election precincts in the City of
Morro Bay as established for the holding of state and county elections.
2. That said general municipal election was held for the purpose of electing the
following officers of said City as required by the laws relating to the cities in the
State of California, to wit:
• A Mayor of said City for the full term of two years;
• Two members of the City Council of said City for the full terms of four years.
r
Resolution No. 60-06
Page Two
3. That said general municipal election was also held for the purpose of voting on
the following measures as submitted to the electors of said City:
MEASURE"Q"
The Morro Bay Vital Public Services Restoration and Protection
Measure. To preserve Morro Bay's safety and character by funding
essential services including upgrading firefighter/paramedic
equipment, fire stations, police, street and pothole repairs,
improving storm drains to protect the bay from pollution, and other
general city services, shall an ordinance be adopted increasing the
City sales tax by one-half cent, subject to independent annual
financial audits, and establishing an independent citizens advisory
committee to review annual expenditures?
MEASURE "R"
® Shall the Municipal Code be amended to require that city council
vacancies be filled by election and to set forth a process by which
city council members may vacate their seats prior to the expiration
of their full term for the purpose of running for alternate public
office?
MEASURE "S"
Shall the Municipal Code be amended to change the time and
method of electing city officials to allow for a primary election
with the most successful of those candidates advancing to a
November runoff election or being elected by an outright majority
vote in the primary election?
4. That the names of the persons voted for at said election for the Mayor are as
follows:
Jeff Odell
Janice Peters
Ken Vesterfelt
® Resolution No. 60-06
Page Three
5. That the names of the persons voted for at said election for Council Member of
said City are as follows:
Thad Baxley
Rick Grantham
R. Pepper Hughes
Betty Winholtz
6. The City Council does declare and determine that:
JANICE PETERS was elected as Mayor of said City for the full tern of two
years.
RICK GRANTHAM was elected as Council Member of said City for a full term
of four years.
BETTY WINHOLTZ was re-elected as Council Member of said City for a full
term of four years.
® The required number of qualified voters voting on MEASURE "Q" relating to the
Morro Bay Vital Public Services Restoration and Protection Measure to preserve
Morro Bay's safety and character by funding essential services including
upgrading firefighter/paramedic equipment, fire stations, police, street and pothole
repairs, improving storm drains to protect the bay from pollution, and other
general city services, shall an ordinance be adopted increasing the City sales tax
by one-half cent, subject to independent annual financial audits, and establishing
an independent citizens' advisory committee to review annual expenditures, did
vote in favor thereof, and said measure was carved.
The required number of qualified voters voting on MEASURE "R" relating to
amending the Morro Bay Municipal Code to require that city council vacancies be
filled by election and to set forth a process by which city council members may
vacate their seats prior to the expiration of their full term for the purpose of
running for alternate public office, did vote in favor thereof and said measure was
carried.
The required number of qualified voters voting on MEASURE "S" relating to
amending the Morro Bay Municipal Code to change the time and method of
electing city officials to allow for a primary election with the most successful of
those candidates advancing to a November runoff election or being elected by an
® outright majority vote in the primary election, and said measure was carried.
® Resolution No. 60-06
Page Four
At said election the names of the persons voted for and the number of votes given
each person are as set forth in the attached certification.
8. The total number of votes cast in the City at said election and the total number of
votes given in each precinct and by absentee voters of the City was and is set forth
in the attached certification.
9. The City Clerk shall immediately make and deliver to each of such persons so
elected a Certificate of Election signed by the City Clerk and duly authenticated;
the City Clerk shall also cause to be administered to each person elected, the Oath
of Office prescribed in the State Constitution of the State of California and shall
have them subscribe thereto and file the same in the office of the City Clerk.
Whereupon, each and all of said persons so elected should be inducted into the
respective office to which they have been elected.
10. That the City Clerk shall certify to the passage and adoption of this resolution;
shall enter the same in the book of original resolutions of the City; and shall make
® a minute of the passage and adoption thereof in the records of the proceedings of
the City Council of said City, in the minutes of the meeting at which the same was
passed and adopted.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
special meeting thereof held on the 6'h day of December 2006 on the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
ATTEST:
n
U
® CERTIFICATE OF THE COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST
NOVEMBER 7, 2006 CONSOLIDATED GENERAL ELECTION
CITY OF MORRO BAY
I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San
Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of
the votes cast at the above referenced election in the City of Morro Bay on
November 7, 2006, and that a photocopy of the Statement of Votes Cast to which
this certificate is attached, shows the number of votes cast in said city for each
candidate for the office of Mayor and Member of the City Council and that the
totals shown for each candidate for the office of Mayor and Member of the City
Council in said city and in each of the respective precincts therein, are full, true
and correct.
® WITNESS, my hand and Official Seal this 2f
9,d� L -'PP*,x-2A
JULI . L. ' ODEWALD, County Clerk -Recorder
s
A
C�
Election Summary Report Date:11/29/06
CONSOLIDATED GENERAL ELECTION TimePaeeaa:I :ft
oof 2
Summary For CITY OF MORRO BAY, All Counters, CITIES
FINAL OFFICIAL ELECTION RESULTS
Registered Voters 7218 - Cards Cast 55887 774.27% Num. Report Precinct 6 - Num. Reporting 6 100.000/
CITY OF MORRO BAY MAYOR
Polling
Absentee
Total
Number of Precincts
6
0
6
Precincts Reporting
6
0
6
100.0 %
Vote For
1
1
I
Times Counted (Reg. Voters 7218)
2265
2653
4918
68.1 %
Total Votes
2122
2509
4631
JANICE PETERS
813
1089
1902
41.07%
JEFFODELL
747
791
1538
33.21%
KEN VESTERFELT
556
624
1180
25.48%
Write-in Votes
6
5
11
0.24%
CITY OF MORRO BAY COUNCILMEMBER
Polling
Absentee
Total
Number of Precincts
6
0
6
Precincts Reporting
6
0
6
100.0 %
Vote For
2
2
2
Times Counted (Reg. Voters 7218)
2265
2653
4918
68.1 %
Total Votes
3238
4117
7355
BETTY WINHOLTZ
1021
1263
2284
31.05%
RICKGRANTHAD4
904
1222
2126
28.91%
THAD BAXLEY
655
982
1637
22.26%
R. PEPPER HUGHES
641
642
1283
17.44%
Write-in Votes
17
8
25
0.34%
Q-06 CITY OF MORRO BAY SALES TAX MEASURE (50%+1 VOTE)
Polling
Absentee
Total
Number of Precincts
6
0
6
Precincts Reporting
6
0
6
100.0 %
Vote For
1
1
I
Times Counted (Reg. Voters 7218)
2265
2653
4918
68.1 %
Total Votes
2126
2542
4668
YES
1395
1639
3034
65.00%
NO
731
903
1634
35.00%
R-06 CITY OF MORRO BAY - CITY COUNCIL VACANCIES
INITIATIVE MEASURE (50%+1 VOTE)
Polling
Absentee
Total
Number of Precincts
6
0
6
Precincts Repotting
6
0
6
100.0 %
Vote For
I
I
1
Times Counted (Reg. Voters 7218)
2265
2653
4918
68.1 %
Total Votes
1958
2363
4321
YES
1198
1391
2589
59.92%
NO
760
972
1732
40.08%
J
E
Election Summary Report Date:11/29/06
CONSOLIDATED GENERAL ELECTION Time:11:ft
Paee:2 ooft
Summary For CITY OF MORRO BAY, All Counters, CITIES
FINAL OFFICIAL ELECTION RESULTS
Registered Voters 7218 - Cards Cast 55887 774.27% Num. Report Precinct 6 - Num. Reporting 6 100.00%
S-06 CITY OF MORRO BAY PRIMARY ELECTION INITIATIVE
i
MEASURE (50%+1 VOTE)
Polling
Absentee
Total
Number of Precincts
6
0
6
Precincts Reporting
6
0
6
100.0 %
Vote For
1
1
1
Times Counted (Reg. Voters 7218)
2265
2653
4918
68.1 %
Total Votes
1945
2359
4304
YES
1158
1373
2531
58.81%
NO
787
986
1773
41.19%
® CERTIFICATE OF THE COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST
CITY OF MORRO BAY
MEASURE Q-06
CONSOLIDATED GENERAL ELECTION
NOVEMBER 7, 2006
I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San
Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of
the votes cast at the above referenced election in the City of Morro Bay on
November 7, 2006, and that the Statement of Votes Cast, to which this certificate
is attached, shows the number of votes cast in said city for and against said
measure, and that the totals shown for and against said measure in said city, and
in each of the respective precincts therein, are full, true and correct.
MEASURE Q-06: The Morro Bay Vital Public Services Restoration and
Protection Measure. To preserve Morro Bay's safety and
character by funding essential services including upgrading
firefighter/paramedic equipment, fire stations, police, street
and pothole repairs, improving storm drains to protect the
bay from pollution, and other general city services, shall an
ordinance be adopted increasing the City sales tax by one-
half cent, subject to independent annual financial audits, and
establishing an independent citizens' advisory committee to
review annual expenditures?
WITNESS, my hand and Official Seal, this 291h day of Nove
JULIE L. RODEWALD, County Clerk -Recorder
u
® CERTIFICATE OF THE COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST
CITY OF MORRO BAY
MEASURE R-06
CONSOLIDATED GENERAL ELECTION
NOVEMBER 7, 2006
I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San
Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of
the votes cast at the above referenced election in the City of Morro Bay on
November 7, 2006, and that the Statement of Votes Cast, to which this certificate
is attached, shows the number of votes cast in said city for and against said
measure, and that the totals shown for and against said measure in said city, and
in each of the respective precincts therein, are full, true and correct.
10 MEASURE R-06: Shall the Municipal Code be amended to require that
city council vacancies be filled by election and to set
forth a process by which city council members may
vacate their seats prior to the expiration of their full
term for the purpose of running for alternate public
office?
WITNESS, my hand and Official Seal, this 29t" day of November, 2006
JULI L. RODEWALD, County Clerk
CERTIFICATE OF THE COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST
CITY OF MORRO BAY
MEASURE S-06
CONSOLIDATED GENERAL ELECTION
NOVEMBER 7, 2006
I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San
Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of
the votes cast at the above referenced election in the City of Morro Bay on
November 7, 2006, and that the Statement of Votes Cast, to which this certificate
is attached, shows the number of votes cast in said city for and against said
measure, and that the totals shown for and against said measure in said city, and
in each of the respective precincts therein, are full, true and correct.
MEASURE S-06: Shall the Municipal Code be amended to change the
® time and method of electing city officials to allow for a
primary election with the most successful of those
candidates advancing to a November runoff election or
being elected by an outright majority vote in the primary
election?
WITNESS, my hand and Official Seal, this 291h day of November, 2006
JUL I RODEWALD, County Clerk -Recorder
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® RESOLUTION NO.59-06
RESOLUTION OF THE CITY COUNCIL OF MORRO BAY
ESTABLISHING USER RATES FOR RESIDENTIAL WASTEWATER
SERVICES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the community of Mono Bay seeks to provide for a properly
functioning wastewater collection system, complying with the State Water Resources
Control Board requirements and the City of Morro Bay Collection System Master Plan;
and
WHEREAS, an upcoming financial analysis for the wastewater treatment plant
upgrade will provide a plan for funding of collection and treatment capital, operations
and maintenance activities into the future; and
WHEREAS, via the adoption of Resolution No. 39-06 on August 28, 2006 rates
were increased by 20% for all user categories except for Single Family Residential and
Single Family Condominium; and
® WHEREAS, the City Council finds that the rate structures established in the past
were appropriate but are inadequate to fund needed system operations and maintenance
and an adjustment in rates charged for these services is necessary now to provide
adequate funds to commence required activities in the collection system for system
operations, maintenance and replacement; and
WHEREAS, it is determined appropriate to raise rates for Single Family
Residential and Single Family Condominium in quarterly increments to reach the
minimum rate level established for the remaining user categories by October 1, 2007,
incorporating the $1.50 per month increase adopted via Resolution No. 79-04.
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro
Bay that it is in the interests of the general welfare of the community to adjust rates for
Single Family Residential and Single Family Condominium categories pursuant to the
rate schedule below with said increase matching that established for other user categories
by October 1, 2007; and
BE IT FURTHER RESOLVED the following monthly user rate schedule for
services is adopted, effective with wastewater billed for the month of January 2007; and
BE IT FURTHER RESOLVED, to reduce the negative impacts of inflation and
other cost increases beyond the community's control, a uniform 5% increase in rates
® shall be effective January I st of each subsequent year.
® Resolution No. 59-06
Page Two
MONTHLY -WASTEWATER RATES
January 2007
Single Family Residential $18.25 flat for 10 ccf+ $1.69 each over 10 ccf
Single Family Condos $18.25 flat for 10 ccf+ $1.69 each over 3 ccf
April 2007
Single Family Residential $19.16 flat for 10 ccf + $1.78 each over 10 ccf
Single Family Condos $19.16 flat for 10 ccf + $1.78 each over 3 ccf
July 2007
Single Family Residential $20.12 flat for 10 ccf + $1.86 each over 10 ccf
Single Family Condos $20.12 flat for 10 ccf+ $1.86 each over 3 ccf
October 2007
® Single Family Residential $21,60 flat for 10 ccf+ $1.93 each over 10 ccf
Single Family Condos $21.60 flat for 10 ccf + $1.93 each over 3 ccf
n
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting
held thereof on the 13th day of November 2006 by the following vote:
AYES:
NOES:
ABSENT
ATTEST:
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
BRIDGETT AVER, City Clerk
RESOLUTION NO.58-06
® RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
CONDITIONALLY GRANTING CONSENT TO THE COUNTY OF
SAN LUIS OBISPO TO FORM THE SAN LUIS OBISPO COUNTY TOURISM
BUSINESS IMPROVEMENT DISTRICT (SLOCTBW)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the County of San Luis Obispo is beginning the process to establish
a San Luis Obispo County Tourism Business Improvement District (SLOCTBID)
pursuant to the Parking and Business Improvement Area Law of 1989, Streets and
Highways Code Section 36500 et seq., to promote tourism and the lodging businesses in
San Luis Obispo County; and
WHEREAS, the San Luis Obispo County Board of Supervisors has requested
consent of the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso
Robles, Pismo Beach, and San Luis Obispo to form the SLOCTBID within the limits of
each City; and
WHEREAS, City of Morro Bay consent to in the formation of the District
requires certain prerequisite guarantees.
® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that it provides consent to the County of San Luis Obispo to form
the SLOCTBID within the limits of the City of Morro Bay if and only if the following
conditions are an essential part of the SLOCTBID formation:
a. The SLOCTBID will not levee an assessment on mobile -home or
recreation vehicle parks; and
b. Use of assessment proceeds for promotion of a City will not be dependent
upon the level of City of Morro Bay financial contribution to the San Luis
Obispo County Visitors and Conference Bureau; and
The Cities and County will be reimbursed for indirect costs as determined
by their respective Finance Officers; and
d. Vacation rentals will be included in the assessment; and
e. The revenue formula has a ceiling of 1% of room rental revenue; and
A sunset clause in included.
Resolution No. 58-06
Page Two
PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a
regular meeting thereof held on the 13 day of November 2006 on the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
ATTEST:
BRIDGETT BAUER, City Clerk
E
® RESOLUTION NO.57-06
RESOLUTION RELATING TO THE CLASSIFICATIONS, COMPENSATION
AND TERMS OF EMPLOYEMENT OF THE 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 SEIU Local 620 representing the miscellaneous employees;
and
WHEREAS, the meetings between the SEIU Local 620 and the City have resulted in a
mutual agreement and understanding to recommend that the employees represented by SEIU
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, 2006 through
June 30, 2007 as attached and made a part of this resolution.
BE IT FURTHER RESOLVED that the City Manager and Assistant City Manager 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
I P day of November, 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
ATTEST:
® RESOLUTION NO.56-06
APPROVAL OF A SUBLEASE FOR A PORTION OF
LEASE SITE 86/86W, LOCATED AT 801 EMBARCADERO,
BETWEEN BURT CALDWELL AND PIZZA PORT INC.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of certain properties on the Morro Bay
Waterfront described as Lease Site 86/86W, located at 801 Embarcadero; and,
WHEREAS,; the lessee of said Lease Site is Burt Caldwell; and,
WHEREAS, said Lease Site requires City Council approval of any sublease on the site;
and,
WHEREAS, Burt Caldwell and Tim Cowan, President of Pizza Port Inc., have paid the
sublease application fee and provided all necessary sublease documents; and,
WHEREAS, Mr. Caldwell is in compliance with the terms and conditions of the lease
agreement for Lease Site 86/86W.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the sublease agreement between Burt Caldwell and Pizza Port Inc., is hereby approved.
® BE IF FURTHER RESOLVED, that the Mayor is hereby authorized to execute said
sublease documents.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 13th day of November 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters
NOES: Winholtz
ABSENT: None
E
® RESOLUTION NO.55-06
APPROVAL AUTHORIZING THE MAYOR TO EXECUTE A LANDLORD'S
ESTOPPEL CERTIFICATE AND LANDLORD'S CONSENT AGREEMENT FOR
LEASE SITE 71-74/71W-74W AND LEASE SITE 75-77/75W-77W,
LOCATED AT 601 AND 6" EMBARCADERO
THE CITY COUNCIL
City of Morro Bay, Catifornia
WHEREAS, the City of Morro Bay is the lessor of certain properties on the Morro Bay
Waterfront described as Lease Site 71-74/71 W-74W and Lease Site 75-77/75W-77W; and,
WHEREAS, the lessee of said Lease Sites is the Morro Bay Marina Partnership; and,
WHEREAS, the lease of said Lease Sites required certain building improvements be
made which have been completed; and,
WHEREAS, the lessees are re -financing the loan on the building improvements and the
new lender, Premier Valley Bank, is requiring that the City authorized execution of a Landlord's
Estoppel Certificate and Landlord's Consent Agreement for Lease Site 71-74/71 W-74W and
Lease Site 75-77/75W-77W; and,
WHEREAS, the City Attorney has reviewed and approved the Landlord's Estoppel .
Certificate and Landlord's Consent agreement for said Lease Sites.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the Landlord's Estoppel Certificate and Landlord's Consent Agreement for Lease Site
71-74/71 W-74W and Lease Site 75-77/75 W-77W is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said
documents.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting held thereof on the 13th day of November 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
E
RESOLUTION NO.54-06
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 FTA Section 5311 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 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
WHEREAS, there is $536,000 available for competitive distribution and project applications for the
2007/2008 RTF cycle are due December 8, 2006.
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 projects in Exhibit A.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the
13TM day of November 2006 by the following vote:
AYES:
Baxley,
NOES:
None
ABSENT:
None
ATTEST:
DeMeritt, Peirce, Peters, Winholtz
Exhibit A
to
Rural Transit Fund
Fiscal Year 2007/2008 Grant Cycle
Applications Due December 8, 2006
New DAR Vehicle
Estimated Project. Cost - $65,000
RTF Grant (80%) - $52,000
Local Match (20%) - $13,000
Description: Replace 2002 DAR vehicle that will have surpassed FTA service life criteria by the
time the new vehicle is acquired and placed into service.
Generator for Transportation
Estimated Project Cost - $96,000
RTF Grant (80%) - $76,800
Local Match (20%) - $19,200
Description: Purchase and install generator, including shelter to house equipment, to power the
Transit office, City Hall and Public Services' buildings during electrical outages.
Mechanics Tools
Estimated Project Cost - $4,500
RTF Grant (80%) - $3,400
Local Match (20%) - $900
Description: Purchase mechanics tools and diagnostic equipment the Vehicle Maintenance Division
either does not have or needs to replace that are used when working on transit vehicles.
Back Up Communications Equipment
Estimated Project Cost - $1,500
RTF Grant (80%) - $1,200
Local Match (20%) - $300
Description: Purchase a back-up base station for the Transit office and two back-up vehicle radios.
2J
RESOLUTION NO.53-06
RESOLUTION AMENDING THE ADOPTED RULES AND REGULATIONS
FOR USE OF PIERS, DOCKS AND MOORING AREAS
WITHIN THE CORPORATE LIMITS OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay has provided certain piers, docks, and mooring areas for the
accommodation of vessels in Morro Bay Harbor; and,
WHEREAS, the City of Morro Bay Municipal Code, Sections 15.16.050, 15.28.010 and 15.32.010
provide that the City Council shall by resolution, reestablish rules and regulations for the mooring of
vessels at and use of said piers, docks and offshore mooring areas; and,
WHEREAS, it is in the public interest to amend such rules and regulations, which were last
established under Resolution No 115-98.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the
attached as Exhibit A and incorporated in this resolution by reference, entitled "City of Morro Bay -
Harbor Department Rules and Regulations", be approved and adopted to constitute the rules and
® regulations for the mooring of vessels at and the use of piers, docks and moorings as referred to in
Sections 15.16.050, 15.28.010 and 15.32.010 of the Morro Bay Municipal Code.
BE IT FURTHER RESOLVED, that the amended rules and regulations shall remain in effect until
such time as they shall be amended by resolution of the City Council of the City of Morro Bay.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held
thereof on the 23 s day of October, 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
® BRIDGETT AUER, CITY CLERK
® EXHIBIT "A"
CITY OF MORRO BAY - HARBOR DEPARTMENT
RULES AND REGULATIONS
FOR VESSELS USING CITY PIERS, DOCKS AND OFFSHORE MOORINGS
INTRODUCTION
The City of Morro Bay directly operates 2 piers, approximately 50 slips and 70 individual
moorings. The City also provides a floating dock and anchorage area for transient vessels.
6ity-managedindividuai-mooring-sitesarein-the-A2-A1=1-and A1=2 mooring-areas-as-shownin
the attached map. The City leases out the A1-3 and A14 mooring areas to the Morro Bay
Yacht Club and Morro Bay Marina respectively which manage individual mooring assignments
in those areas. Most Embarcadero slips and the State Park Marina slips are privately operated
with rules and regulations set by the operator. Following are rules and regulations for City -
managed facilities and general operation of the Harbor within City limits. The Harbor
Department shall mean the Harbor Director, or any designated employee of the City of Morro
Bay Harbor Department.
1. MORRO BAY HARBOR DEPARTMENT - GENERAL REGULATIONS
No person shall anchor, moor or secure a vessel or any object within the City of Morro Bay
except in designated areas and locations set by the Morro Bay Harbor Department and the
Morro Bay Municipal Code. Any vessel or object moored, anchored or secured in violation of
this section may be declared a hazard pursuant to California Harbor and Navigations Code
Section 523 and shall be relocated to a safe anchorage or berthing location by the Harbor
® Patrol. The owner will be charged for all costs associated with such relocation and may be
subject to impoundment at the fee shown in the Master Fee Schedule. No vessel may exceed 5
MPH speed limit within the Morro Bay City limits with the exception of governmental agencies in
the performance of duties. Discharge of sewage is strictly prohibited. No person may
liveaboard a non -transient vessel in excess of 4 days without first obtaining a permit as provided
for in Morro Bay Municipal Code, Section 15.24.
To use or occupy City docks, City moorings, City Piers, the Al-5 anchorage area or City floating
dock a vessel must be registered with the Harbor Department including submission of a signed
RENTAL AGREEMENT or transient berthing agreement card.
2. CITY SLIPS
A: General
City slips shall be assigned to commercial fishing vessels as defined in Morro Bay
Municipal Code 15.04.150 and Resolution 23-91 of the City of Morro Bay. Rental
agreements for use of City slips are not transferable. If a vessel is sold or ceases to
qualify for a slip, the agreement is terminated. No city slip agreement holder may allow
the use of any city slip by another vessel without the prior permission of the Harbor
office. The City may rent any unoccupied slip on a temporary basis.
Berthing space behind head floats on City slips will be designated as "head float berth"
in the City's Master Fee Schedule and may be assigned to qualified commercial fishing
vessels which will be charged at the monthly commercial slip rate. Vessels other than
skiffs or qualified commercial fishing vessels desiring to use the "head float berth" will be
® charged as set forth in the City Master Fee Schedule. This "head float berth rate" may
be adjusted annually by the City Council. Head Float Berth spaces will be assigned on a
first come, first serve basis with prior approval of the Harbor Department.
B: Waiting List Procedures And Assignment Of Vacant Slips
The City has established a Commercial Slip Waiting List with a refundable fee as set
forth in the City Master Fee Schedule and a Recreational Slip Waiting List with a
refundable fee as set forth in the City Master Fee Schedule. When a slip vacancy
occurs, the slip will be assigned to the next eligible vessel on the commercial slip waiting
list. It is the responsibility of all waiting listees to keep the Harbor Office informed of
current address and contact numbers. If no response is received after two attempts to
contact waiting Iistee at the address and/or phone number on record with the Harbor
Office; then-the-waiting-tistee-will-be-passed-over-until-such-time-as-they-recontact-the
Harbor Department.
A vessel and the vessel's owner must meet the definition for commercial.fishing vessels
to be placed on the commercial slip waiting list and must qualify for the year in which
they are offered a permanent slip. A vessel owner may substitute a different vessel and
maintain the same position on the list up to one time in any three-year period. Anyone
on the commercial slip waiting list for more than 5 years will have to re -qualify as a
commercial vessel to remain on the list. Failure to re -qualify the vessel will result in
removal from the list and a refund of the deposit.
The recreational slip waiting list would be used in the event the City develops new slips
for recreational boaters.
C: Temporary Cancellation Of City Slips And Slip Subleasing
Any City slip agreement holder may, by giving City notice at the Harbor Office of a
pending absence and vacation of the slip in excess of 30 days, have their slip fees
reduced to 25% of the regular monthly fees listed in the Master Fee Schedule. If the slip
holder returns to the slip in a period less than the 30 days and another vessel is
occupying the slip under a sublease, the slip holder will have to dock at the T-Piers as
space is available. Vessels on the Commercial Slip Waiting List will have priority for
subleases. The City will maintain a slip sublease waiting list and will make the vacated
slip available to the next available qualified vessel on the slip sublease waiting list if
there is no vessel on the Commercial Slip Waiting List which desires a sublease. If a
vessel or person on the sublease waiting list declines a slip sublease assignment or if
the City is unable to contact the person after two attempts; then that person's name shall
be removed from the waiting list. The City may assign any vessel to a vacated slip on a
daily basis at the daily transient fee but no subleases will be allowed fora period less
than one month. No vessel will be allowed to use any vacated slip either on a transient
daily fee or monthly sublease basis without paying in advance. As long as there are
vessels on the sublease waiting list, there will be a 3-month maximum for any one vessel
to remain in a sublease slip. If there are no suitable vessels on the sublease waiting list
or commercial waiting list, a vessel may remain in a sublease slip in excess of 3 months.
If a vessel on temporary cancellation does not occupy the assigned slip for a period of at
least 3 months in any 24-month period then the City may terminate the berthing
agreement and assign the slip to the next qualified vessel on the commercial slip waiting
list.
OFFSHORE MOORINGS
A: Moorings - General
Moorings are allowed only in designated locations within the outlined mooring zones or 40
as approved by the Harbor Director and allowed by the Morro Bay Municipal Code.
PAGE 2 of 8
® Some mooring locations have tackle and gear owned and installed by the City; most
mooring locations have tackle and gear owned and installed by the private party. Each
mooring is for one vessel and its associated tender. Floating docks or arrangements
other than mooring tackle and gear as outlined and approved by the Harbor Department
are prohibited.
Mooring sites A2-0-21A and A1-2-7A were assigned when previous unpermitted floating
docks were removed off these moorings. The Harbor Department at its sole discretion
shall set maximum vessel size limits for these moorings. Mooring sites A2-0-21A and
Aa-2-7A-are-owned-by Jim-Entwisfe-and-Associated-Pacific-Eonstructors-respectively
and may not be sold, transferred or assigned to new parties. Should Jim Entwisle or
Associated Pacific Constructors no longer desire to use mooring sites A2-0-21A or Al -
2-7A then these moorings shall be removed.
Assigned mooring agreement holders must at all times keep the Harbor Department
notified of the vessel which is currently using the mooring site.
If an offshore mooring agreement is terminated for non-payment of rent or failure to
inspect mooring gear, the City may take possession of the location and any personal
property as outlined in Chapter 15 of the Morro Bay Municipal Code. In such case the
Harbor Department may either take the mooring location out of service or install City
owned mooring tackle and gear on the location.
B: Moorings - Tackle And Gear Privately Owned
® Mooring locations where a private party owns the mooring tackle and gear shall be held
under a monthly rental agreement. Said agreement may be assigned to another party,
subject to approval of the City of Morro Bay, by making written request to the Harbor
Department. The City reserves the right of approval of any assignment and may not
approve such assignment if the mooring agreement holder or assignee is in violation of
these rules and regulations or has a past due account with the City or if the proposed
use of the mooring will violate these rules and regulations or the Morro Bay Municipal
Code or safe boating practices as determined by the Harbor Director. The rental
agreement shall have a month -to -month term and fees shall be set forth in the Master
Fee Schedule under Offshore Moorings.
C: Moorings - Tackle And Gear City.Owned
The City will rent City owned moorings on a daily or monthly agreement at fee's set forth
in the Master Fee Schedule under City Owned Moorings. City owned mooring
agreements are not assignable or transferable or to be subleased.
The City may set up a waiting list for City moorings with no fee or deposit required. It is
the responsibility of the person on the waiting list to provide the City with a current
mailing address and phone number at all times. If a phone number is disconnected
and/or the mail comes back as undeliverable, the person shall be removed from the
waiting list. If a person is offered a mooring and refuses it, they shall be removed from
the waiting list.
D: Mooring Tackle And Gear Maintenance
® The offshore mooring holder shall maintain the tackle and gear to the specifications set
by the Harbor Department including biennial inspections meeting the requirements set
by the Chief Harbor Patrol Officer. The City will maintain and inspect City owned
PAGE 3 of 8
moorings. Moorings leased to the Morro Bay Yacht Club and Morro Bay Marina will be
maintained and inspected by those lessees to meet the specifications set by the Harbor
Department.
4. T-PIERS, FLOATING DOCK OR ANCHORAGE AREA
The T-Piers, floating dock or anchorage area shall be available to registered transient vessels
on a first come first serve daily basis at fees established in the Master Fee Schedule, except
that no vessel may use the anchorage area or floating dock for more than 30 days in any six
month period. To maintain safe and efficient Harbor operations, the Harbor Department may
relocate-vessels-or-designate-specific-sites-for-certainwessels-at-these-faciiities-at-anytime.
5. HARBOR DEPARTMENT RESPONSIBILITY TO PROTECT SAFE AND EFFICIENT
OPERATION OF CITY -MANAGED FACILITIES
When a vessel enters a mooring or docking facility or anchorage area in the waters of the City
of Morro Bay, it immediately comes under the jurisdiction of the City and may be moored or
docked or anchored at the direction of the Harbor Department. The Harbor Department may
refuse use of City -managed facilities to any vessel or vessel operator who represents, in the
opinion of the Harbor Department, a potential to pollute or that potentially threatens the safety
and security of City facilities.
When a vessel or vessel operator, who has been denied use of City facilities, continues to use
those facilities without permission, that vessel or vessel operator shall be subject to
impoundment under Morro Bay Municipal Code 15.56.010 and/or fines for violation of Section
525 of the Harbor and Navigations Code.
Any vessel using City -managed facilities shall operate under its own power and be seaworthy
and maintained in good and safe condition as determined by the Harbor Department. Any
vessel that requires Harbor Patrol emergency assistance to pump out, take under tow or
otherwise care for the vessel more than once in any 12-month period will be subject to
termination of its use of City facilities and/or its berthing agreement.
All vessels at City -managed facilities including piers, moorings, docks and wharves must be
operable and seaworthy.
Operable means capable of maneuvering under a vessel's own power to
the Harbor entrance or to an inspection site designated by the Harbor
Director and back to its berthing location.
Seaworthy shall mean the vessel's hull, keel decking, cabin, and mast are
structurally sound and generally free from structural rusting, delamination, or
dry rot.
If a vessel at any City -managed facility is determined to potentially be not seaworthy or
inoperable, at the sole determination of the Harbor Department, then the Harbor Department
shall provide the owner of the vessel a 30-day written notice. The notice will either require the
owner to prove the vessel is operable as described above, or it may require the owner to prove
the vessel is seaworthy by obtaining the opinion of a qualified independent marine surveyor as
to the seaworthiness of the vessel at the owner's expense.
1i
PAGE 4 of
If the vessel owner fails to successfully respond to the notice within the 30-day period, the
vessel owner will be granted an additional 120 days to make repairs for seaworthiness or to
prove the vessel is operable as defined above.
If after this period of time the vessel cannot successfully complete the required test, the mooring
or slip agreement shall be terminated or the vessel will be denied further use of City -managed
facilities and the vessel may be subject to citation and impoundment as outlined herein or in
Morro Bay Municipal Code, Section 15.56.
Fees for use of City- managed facilities shall be set in the City's Master Fee Schedule. All fees
are due and must be paid in advance. The Harbor Department may allow billings for qualified
and registered vessels with current account status at the discretion of the Harbor Department.
Transient fees must be paid in advance provided that the Harbor Department may allow 48
hours after arrival for any vessel to make payment or acceptable arrangements for payment.
Transient Vessels not complying with this section within 48 hours of arrival shall be subject to
impoundment as specified in Chapter 15, Section 15.56of the Morro Bay Municipal Code.
The City will refund upon request any prepaid unused transient fees.in excess of S20. Unused
prepaid transient fees of less than $20 may be held as a credit to payee's account. City slips
and moorings will be billed on a monthly basis in advance, will be delinquent and subject to a
late payment penalty if not paid by the 10th day of the month, whether the tenant receives a bill
or not. After a City slip or offshore mooring assignment is made and until the mooring or slip
agreement is cancelled or assigned with prior approval of the Harbor Department, the
® agreement holder shall be responsible for payment of all fees whether the agreement holder
occupies the slip or mooring or not. All fees will be adjusted annually as set forth in the Master
Fee Schedule. Slip fees shall include electricity services but T-Pier fees shall not and the
harbor patrol will limit electric service on the piers to those vessels, which pay the daily use
fees. The established electric use fee will be for one vessel only and must be paid prior to use.
The Harbor Department may terminate any vessel's use of City -managed facilities and/or their
berthing rental agreement for violation of these requirements or of any other section hereof.
7. DAMAGE TO CITY PROPERTY
Any vessel that causes damage to City property will be responsible for repaying the cost of
repair to such damage as determined by the Harbor Department and submitted in a written
statement itemizing costs.
8. EMERGENCY MEASURES, CITY HELD HARMLESS
In the event of severe storm or tidal wave, the vessel owner, operator and/or agreement holder
will provide preparation and damage prevention protection for their property. The vessel owner
or their agent is solely responsible to take all emergency measures possible, and the City does
not assume any responsibility for said protection and or damages to the vessel from storm or
tidal wave action. The City assumes no responsibility for the safety of any vessel using City -
managed facilities, and will not be liable for fires, theft, loss or damage to said vessel, its
equipment, or any property.in or on said vessel.
Tenant expressly and by their use of City -managed facilities agrees to hold City and its officers
® and employees harmless from any claim tenant or any of tenant's crew, guests or agents have
against City for damage to the vessel or other property or for personal injury arising from
tenant's use of City property or facilities.
PAGE 5 of 6
9. STORAGE AND SECURING OF VESSELS
Tenders and skiffs will be stored on board larger vessels when possible and are not allowed at
City slips and docks except as designated by the Harbor Department personnel. The water
space between the shore and City docks shall be used primarily for the storage of tenders, skiffs
or dinghies used to serve vessels occupying moorings in a non-commercialmooring zone.
Each City mooring holder may berth one tender or skiff (as defined by the Harbor Department)
in this manner at no charge. Other users may store tenders skiffs or dinghies on City docks at
designated locations with the prior approval of the Harbor Department at a fee of $1.00 per day.
-;moo-dock boxes, —steps -or -any -other -installations -may -be -made -to -City -slips; moorings -or -other
facilities without prior permission from the City. No rafting or storage of more than one vessel
on any slip, mooring or anchorage is allowed without the permission of the Harbor Department.
Temporary storage of crab or fish receivers may be allowed with the prior written permission of
the City. It is the responsibility of each vessel owner or operator to safely secure that vessel to
its berthing. Vessels shall be secured in their berths, moorings or anchorage in a manner
acceptable to the City or the Harbor Department personnel may adequately secure the vessel
and assess a service fee.
10. FISH UNLOADING OR SALES
Fish may be unloaded off City piers and slips only by the owner or operator of the commercial
fishing vessel which caught the fish. Operations including commercial truck loading by fish
processors or fish buyers are prohibited from City piers and docks, including the boat launch
ramp. Commercial unloading of any cargo or materials (including kelp) requiring special heavy
vehicles (such as crane, boom or stake bed trucks) is prohibited without the prior permission of
the Harbor Department. Permission by the Harbor Department may be contingent on provision
of an insurance certificate and payment of a fee.
Commercial fishermen may sell their catch only from their vessels at city slips and docks
provided they are in conformance with these rules and regulations, State and Federal law,
providing that such sales shall not negatively impact the safe or efficient operation of the harbor,
at the discretion of the Harbor Department. Signage shall be minimal and fish sold from vessels
must be fish that was caught by the vessel owner.
11. VIOLATIONS OF THE MORRO BAY MUNICIPAL CODE OR OF THE RULES AND
REGULATIONS
Violations of Chapter 15 of the Morro Bay Municipal Code, the Harbor and Navigations Code or
these Rules and Regulations are punishable by fines as follows:
Violation of MBMC 15.12.010, prohibiting operation of a vessel in excesses of 5 MPH, or in
a manner which causes damaging wake within Morro Bay Harbor. $100 first offense, $200
second offense and each offense thereafter.
2. Violation of MBMC 15.24.010, prohibiting discharge of waste or refuse from vessels and
prohibiting allowing vessels materials waste or refuse to remain on shorelines within City
limits. $200 first -offense, $500 second offense and each offense thereafter.
Violation of MBMC,15.32.010, establishing rules and regulations for City wharves, piers and
docks by resolution of the City Council. Violation of Harbor Rules and Regulations: first
offense $100 second offense and each offense thereafter $200.
PAGE 6 of
® 4. Violation of MBMC 15.40.030, requiring a permit for occupying or owning a liveaboard
vessel in Morro Bay Harbor. First offense $100, second offense and each offense thereafter
$200.
Violation of Harbor and Navigations Code Section 525, prohibiting abandoning a vessel
without the facility owner's permission: $500 first offense, $1500 second offense and each
offense thereafter.
For any violation of the Morro Bay Municipal Code or these Rules and Regulations for which a
citation-is-not-issued,-or-for-whicha-vessel-is-mtimpounded-the-City7nay-provide-written-notice
to tenant to correct such violation. Failure to comply with such written notice may subject the
tenant or violator to suspension of future use of City -managed facilities and or termination or
cancellation of a mooring or berthing agreement. For example: use of sub standard electrical
cords or equipment after one warning may result, at a minimum, in suspension from use of City -
managed facilities for.30 days.
12. STORAGE AND ELECTRICAL SERVICE
No storage of supplies, materials, accessories, fishing gear or debris will be allowed on piers or
slips. No charcoal fires or open fires of any kind will be allowed on any City -managed, facility.
Electrical power cords must meet the standards of NFPA and the National Electric Code as
determined by the Harbor Department. The Harbor Department may make exceptions during
temporary supervised projects. No doubling off a unit is allowed.
13. OPERATIONS FROM CITY FACILITIES
® No sport fishing, tour boat, charter boat or rental business operation shall be conducted from
any City slip, pier, street end dock, mooring, anchorage or other City facility or beach except as
specifically allowed under a lease or license agreement. Occasional charters for environmental
research or commercial fishing research related purposes by qualified commercial fishing
vessels in an as City slip may be allowed only by prior approval of the Harbor Department
and at the Harbor Department's sole discretion.
14. SOUTH T-PIER HOIST
A. No fish, shellfish or seafood products are to be unloaded with the hoist except in the
following cases:
1. All other commercial fish unloading facilities in the Morro Bay area are closed,
overloaded, or unable to off-load the boat of the requesting party.
2. That the unloading by one of the commercial unloaders, in the Morro Bay area,
would be untimely and cause extreme hardship or loss to the requesting party.
B. A key deposit of $20 or a valid driver's license may be required.
C. A fee set by the Master Fee Schedule shall be by the hour for any part of an hour
with a one -hour minimum.
D. No overweight use of the hoist is allowed and the Harbor Department may refuse use
of the hoist to any party for any reason to insure proper safe and efficient use of Harbor
® facilities.
PAGE of 8
15. TIDELANDS PARK SIDE TIE DOCK, STREET END DOCKS AND BOAT LAUNCH RAMP
The Launch Ramp boarding floats are for temporary tie-up while launching and retrieving a
vessel only. The Tidelands Park side tie dock shall be a 3 hour maximum tie up in any 24 hour
period facility and may not be used for tie up from 10:00 p.m. through 4:00 a.m.. Vessels which
exceed the three hour tie up limit in any 24 hour period, or are tied up to the Tidelands Park side
tie dock between the hours of 10:00 p.m. through 4:00 a.m., shall be in violation of these Rules
and Regulations and subject to citation and fines as outlined in Section 11 hereof. Tenders and
skiffs assigned the inside portion of the Tidelands Park side tie dock under Section 9 hereof
shall be exempt.from the time limits above.
In an emergency or when all other available facilities are occupied, the City may, at the sole
discretion of the Harbor Department, waive the 3-hour time limit on the Tidelands Park side tie
dock. In that case, the Harbor Department shall issue a special permit at fees established in the
City Master Fee Schedule for a period not to exceed 7 continuous days and said permit shall be
displayed in open view on the permitted vessel.
No vehicle shall park or use any parking space in the boat Launch Ramp in excess of 72 hours.
The Harbor Patrol shall monitor and enforce rules and regulation for the boat Launch Ramp
parking lot to ensure that it is available for boaters. No storage or haul out is allowed in the
Launch Ramp parking lot. Repairs and mechanical work are not allowed in the Launch Ramp
parking lot except those minor immediately necessary jobs which will not result in any discharge
or disposal of contaminants, as approved by the Harbor Patrol. Double stalls at the boat
Launch Ramp are for trailers and towing vehicles only. Single vehicles without trailers attached
using the double stalls shall be in violation of these Rules and Regulations. Double stalls shall
be painted yellow. Parking time limits and regulations within the parking lot shall be
appropriately signed and designated.
Use of floating docks at the end of Morro Bay Blvd., Harbor St. and Anchor St. and the Launch
Ramp shall be limited to transient tie-ups by recreational boats. No overnight tie-ups will be
permitted. Maximum duration of tie-ups at these docks shall be for a period not to exceed 3
hours per day. Shore fishing and angling shall not be permitted from the viewing platforms or
the floating dock at the ends of Harbor St., Morro Bay Blvd., Marina St. and Anchor St.
The launch ramp docks are for temporary tie-up while launching and retrieving a vessel only.
No vehicle shall park or use any parking space in the boat launch ramp in excess of 72 hours.
The Harbor Patrol shall monitor and enforce rules and regulations in the boat launch ramp
parking lot to ensure it is available for boaters. No storage or haul out is allowed.
16. PRIOR CITY RESOLUTIONS
A. Incorporation of Prior Resolutions:
City of Morro Bay Resolutions #112-89 and.23-91 are incorporated into these rules and
regulations by reference.
B. Rescinding of Prior City Resolutions:
Adoption of these rules and regulations shall serve to rescind City of Morro Bay
Resolutions # 115-67, #30-74, #1-75, #66-78, #85-80, #86-80, #09-81, #27-82, #72-82,
#123-82 #124-82, #19-83, #58-83, #59-83, #60-83, #95-83, #122-83, #8-84, #125-84,
#90-85, #61-86, #85-87, #11-89, #76-89, #104-92, #83-97, #115-98.
PAGE 8 of 8
RESOLUTION NO.52-06
® AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MORRO BAY
NATIONAL ESTUARY PROGRAM/BAY FOUNDATION TO ACCEPT A $38,500
GRANT FOR SMALL OIL SPILL EQUIPMENT AND DISPOSAL
THE CITY COUNCIL
City of Morro Bay, Califomia
WHEREAS, the City of Morro Bay Harbor Department currently is first responder to
many oil spill reports in Morro Bay Harbor; and,
WHEREAS, immediate efforts to control the spill through putting out fires, deploying
boom or absorbent pads, or actions to pump off and stabilize vessels can greatly reduce
environmental damage to the harbor; and,
WHEREAS, the Harbor Department is willing to provide limited services within the
scope of existing training programs but has limited budget for equipment and materials to deploy
and dispose of materials; and,
WHEREAS, the Morro Bay National Estuary Program has a grant program to fiord
activities which meet the goals of its comprehensive management plan and improve the health of
the harbor and estuary; and,
® WHEREAS, Harbor Department personnel have applied for a grant of $38500 from the
NEP to purchase and dispose of additional small oil spill prevention equipment to keep locally
for immediate action on a spill, and the Morro Bay NEP has tentatively awarded such a grant to
the City pending City Council authorization of the grant agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro
Bay approve the grant agreement dated October 3, 2006 from the Morro Bay National Estuary
Program/Bay Foundation and authorize the Harbor Director to execute said grant agreement;
and,
FURTHER BE IT RESOLVED, that the City Council directs Staff to make amendment
to the Harbor Department budget as required by said grant agreement.
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 October 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None /
PETERS, YAAYOR
Cr LA, /
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RESOLUTION NO.51-06
® APPROVAL OF AMENDMENT #3 TO THE LEASE AGREEMENT FOR
LEASE SITE 113W, LOCATED ADJACENT TO 1215 EMBARCADERO,
EXTENDING THE TERM OF THE LEASE AGREEMENT FOR SIX YEARS
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 113 W; and,
WHEREAS, Virg's Fish'n Inc. is the lessee of said property; and,
WHEREAS, the lease agreement was amended in 2004 to extend the term through June,
30 2006; and,
WHEREAS, the lessee has been working on plans and for redevelopment of the docks
located on this lease site as part of a major redevelopment of the area which will include adjacent
lease sites and several lessees; and,
WHEREAS, due to the lengthy timeframe involved with completing the planning
process for multiple properties, the leaseholder has requested an extension to the term of the
® lease to work through the planning process and to coordinate the termination date of the dock
lease with the adjacent Lease Site 124-128/124W-128W.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that Amendment #3 to the lease agreement for Lease Site 113 W, extending the term of the
lease for six years.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 23rd day of October 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
• jt lLk
BRIDGETT bUER, MY CLERK
AMENDMENT #3 TO LEASE AGREEMENT FOR LEASE SITE 113W
® This amendment is made and entered into as of this day of _ 2006 by and between the City of
Morro Bay, a municipal corporation of the state of California (hereinafter "City") and Virg's Fish'n Inc.
(hereinafter "Tenant") to amend that certain ground lease for Lease Site 113W (hereinafter Lease) between
City and Tenant dated July 30 1991.
Whereas, Tenant has operated a sportfishing and bait/tackle business on the Morro Bay waterfront for
many years and;
Whereas, Tenant's current interim lease had a termination date of July , 2006 and is currently on a month to
—" month holdover, and; - --- --
Whereas, the Great American Fish Company, the Harbor Hut and Virg's Fish'n are all currently developing
plans for waterfront access and improvements in the general area of this Lease Site; and,
Whereas, Tenant and City desire additional time to finalize planning for future long-term improvements on
the North Waterfront including reconstruction of the docks on Lease Site 113W.
NOW THEREFORE, City and Tenant mutually agree to amend said Lease as follows:
Section 1.01 TERM: Shall be amended to make the new termination date of the lease June 30, 2012.
All other terms and conditions of the Lease shall remain in full force and effect.
191IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment.
A?City Manager
APPROVED AS TO FORM
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R bert Schultz, Cit r tt ney
ATTEST:
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0Bridgett B r, City Clerk
TEN T — VIRG'S FISH'N IN
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Sha _ Moore
Darby Neil`
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RESOLUTION NO.50-06
u
A RESOLUTION APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR
FUNDING FROM THE GENERAL/NATIVE AMERICAN ALLOCATION OF THE
STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND
COMMITMENT OF FUNDS AND AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF
CALIFORNIA FOR THE PURPOSES OF THIS GRANT.
The City Council,
City of Mono Bay, California
WHEREAS, the State Department of Housing and Community Development has announced the
availability of approximately $10 million for the 2006/2007 General Allocation funding cycle of the
Community Development Block Grant (CDBG) Program; and
WHEREAS, this funding is in the form of grants to small cities and counties for eligible
activities such as housing, public works and community facilities; and
WHEREAS, the City of Morro Bay is in need of funding to continue rehabilitation of the fire
station located at 460 Bonita Street; and
WHEREAS, the City has met all federal Citizen Participation requirements during the
development of this application process;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that the
application for a 1-year, $500,000.00 for a Fire Station Rehabilitation Project has been reviewed and
is hereby approved as follows:
2006/2007
North Area Fire Station Rehabilitation Project: $425,500
General Administration: 37,500
Activity Delivery: 37,000
Total $500,000
BE IT FURTHER RESOLVED if the grant application is approved, the City will provide local
leverage for the rehabilitation program as follows:
Staff time (General Administration)
Staff time (Activity Delivery)
u
$ 5,000
15,000
®Resolution No. 50-06
Page Two
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. If the application is
approved, the Director of Public Services is authorized to enter into and sign the grant agreement
and any amendments thereto 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 October 23, 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
1�[�)7L��►t�7iL�
ABSENT: None
0
ATTEST:
11
RESOLUTION NO.49-06
® RESOLUTION PROHIBITING ON -STREET PARKING ON A PORTION OF HARBOR
STREET WEST OF PINEY WAY AND REMOVING AN ON -STREET PARKING
PROHIBITION ON A PORTION OF HARBOR STREET EAST OF PINEY WAY
The City Council,
City of Morro Bay, California
WHEREAS, Section 10.36.040 of the Morro Bay Municipal Code prohibits any person
from parking any vehicle on any publicly -owned property when such a prohibition has been
established by resolution of the City Council; and
WHEREAS, the Morro Bay Fire Department is temporarily relocating its main
administrative facility and apparatus bay from 715 Harbor Street to 695 Harbor Street; and
WHEREAS, in its geometric configuration, Harbor Street west of Piney way is
insufficiently wide to accommodate on -street parking adjacent to the temporary apparatus bay
while providing adequate maneuvering room for emergency vehicle ingress and egress; and
WHEREAS, in order to have sufficient room for said vehicle ingress/egress it is necessary
to prohibit on -street parking along a segment of Harbor Street; and
WHEREAS, with said temporary relocation, provides the opportunity to allow for the re-
establishment of on -street parking spaces previously prohibited.
® NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that pursuant
to Morro Bay Municipal Code Section 10.36.040, on -street parking is hereby prohibited along the
south side of Harbor Street from Piney Way to a location sixty-one feet (6 F) westerly; and
BE IT FURTHER RESOLVED, the on -street parking along the south side of Harbor
Street east of Piney Way is hereby restored from the intersection of Piney Way to a location eighty-
five feet (85') easterly; and
BE IT FURTHER RESOLVED, the Director of Public Services is hereby authorized and
directed to install such signs and/or markings appropriate to reflect this action.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof
held on the 9`s day of October, 2006 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
BRIDGETZt BAUEP, City Clerk
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® RESOLUTION No. 48-06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA
JOINING THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM
AND AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS, CONDUCT SPECIAL ASSESSMENT PROCEEDINGS
AND LEVY ASSESSMENTS WITHIN THE TERRITORY OF THE _
CITY OF MORRO BAY AND AUTHORIZING RELATED ACTIONS
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORN[A
WHEREAS, the California Statewide Communities Development Authority (the
"Authority") is a joint exercise of powers authority the members of which include numerous
cities and counties in the State of California, including the City of Morro Bay (the "City"); and
WHEREAS, the Authority has established the Statewide Community Infrastructure
Program ("SCIP") to allow the financing of certain development impact fees (the "Fees") levied
in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and
following) and other authority providing for the levy of fees on new development to pay for
public capital improvements (collectively, the "Fee Act") through the levy of special assessments
® pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections
10000 and following) (the "1913 Act") and the issuance of improvement bonds (the "Local
Obligations") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections
8500 and following) (the "1915 Act") upon the security of unpaid special assessments; and
WHEREAS, the City desires to allow the owners of property being developed within its
jurisdiction to participate in SCIP and to allow the Authority to conduct assessment proceedings
under the 1913 Act and issue Local Obligations under the 1915 Act to finance Fees levied on
such properties provided that such property owners voluntarily agree to participate and consent
to the levy of such assessments; and
WHEREAS, in each year in which eligible property owners within the jurisdiction of the
City elect to participate in SCIP, the Authority will conduct assessment proceedings under the
1913 Act and issue Local Obligations under the 1915 Act to finance Fees payable by such
property owners and, at the conclusion of such proceedings, will levy special assessments on
such property within the territory of the City; and
WHEREAS, there has been presented to this meeting a proposed form of Resolution of
Intention to be adopted by the Authority in connection with such assessment proceedings, a copy
of which is attached hereto as Exhibit A (the "ROP') and the territory within which assessment
may be levied for SCIP (provided that the owner of any property subject to assessment consents
to such assessment) shall be coterminous with the official boundaries of the City of record at the
time of adoption of each such Resolution of Intention (the "Proposed Boundaries"), and
2
® reference is hereby made to such boundaries for the plat or map required to be included in this
Resolution pursuant to Section 10104 of the Streets and Highways Code; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy or collection of assessments or any required remedial action in the case of
delinquencies in such assessment payments; or the issuance, sale or administration of the Local
Obligations or any other bonds issued in connection with SCIP; and
WHEREAS, pursuant to Government Code Section 6586.5, notice was published at least
five days prior to the adoption of this resolution of a public hearing, which was duly conducted
by this [Council/Board] concerning the significant public benefits of SCIP and the financing of
the public capital improvements to be paid for with the proceeds of the Fees;
Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
Section 1. The City hereby consents to the conduct of special assessment proceedings by the
Authority in connection with SCIP pursuant to the 1913 Act and the issuance of Local
Obligations under the 1915 Act on any property within the Proposed Boundaries;
provided, that
(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in
® substantially the form of the ROI; and
(2) The legal owner(s) of such property execute a written consent to the levy of assessment
in connection with SCIP by the Authority and execute an assessment ballot in favor of
such assessment in compliance with the requirements of Article XIIID of the State
Constitution.
Section 2. The City hereby finds and declares that the issuance of bonds by the Authority in
connection with SCIP will provide significant public benefits, including without
limitation, savings in effective interest rate, bond preparation, bond underwriting and
bond issuance costs and the more efficient delivery of local agency services to
residential and commercial development within the City.
Section 3. The Authority has prepared and will update from time to time the SCIP Manual of
Procedures" (the "Manual') and the City will handle Fee revenues for properties
participating in SCIP in accordance with the procedures set forth therein.
Section 4. The appropriate officials and staff of the City are hereby authorized and directed to
make SCIP applications available to all property owners who are subject to Fees for
new development within the City and to inform such owners of their option to
participate in SCIP; provided, that the Authority shall be responsible for providing such
applications and related materials at its own expense. The staff persons listed on
Exhibit B, and any other staff persons chosen by the Finance Director from time to
r�
® time, are hereby designated as the contact persons for the Authority in connection with
the SCIP program.
Section 5. The appropriate officials and staff of the City are hereby authorized and directed to
execute and deliver such closing certificates, requisitions, agreements and related
documents, including but not limited to such documents as may be required by Bond
Counsel in connection with the participation in SCIP of any districts, authorities or
other third -party entities entitled to levy and collect fees on new development to pay for
public capital improvements within the jurisdiction of the City, as are reasonably
required by the Authority in accordance with the Manual to implement SCIP for
property owners who elect to participate in SCIP and to evidence compliance with the
requirements of federal and state law in connection with the issuance by the Authority
of the Local Obligation and any other bonds for SCIP. To that end, and pursuant to
Treasury Regulations Section 1.150-2, the staff persons listed on Exhibit B, or other
staff person acting in the same capacity for the City with respect to SCIP, are hereby
authorized and designated to declare the official intent of the City with respect to the
public capital improvements to be paid or reimbursed through participation in SCIP.
Section 6. This Resolution shall take effect immediately upon its adoption. The City Clerk is
hereby authorized and directed to transmit a certified copy of this resolution to the
Secretary of the Authority.
® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 25'' day of September 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BAXLEY, DEMERITT, PEIRCE, PETERS, WINHOLTZ
NONE
NONE
NONE
L'j_'
BRIDGETT BA ER, City Clerk
APPROVED AS TO FORM:
® ROBERT SCHULTZ, ty ttorney
® ExHIBIT A
FORM OF RESOLUTION OF INTENTION
TO BE ADOPTED BY CSCDA
RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY To FINANCE THE PAYMENT OF DEVELOPMENT
IMPACT FEES FOR PUBLIC IMPROVEMENTS IN THE PROPOSED ASSESSMENT
DISTRICT No. 2 (COUNTY OF SAN Luis OBISPO, CALIFORNIA), APPROVING A
PROPOSED BOUNDARY MAP, MAKING CERTAIN DECLARATIONS, FINDINGS AND
DETERMINATIONS CONCERNING RELATED MATTERS, AND AUTHORIZING
RELATED ACTIONS IN CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the "1913
Act'), being Division 12 (commencing with Sections 10000 and following) of the California
Streets and Highways Code, the Commission (the "Commission") of the California Statewide
Communities Development Authority (the "Authority") intends to finance, through its Statewide
Community Infrastructure Program, the payment of certain development impact fees for public
improvements as described in Exhibit A attached hereto and by this reference incorporated
herein (the "Improvement Fees"), all of which are of benefit to the proposed Assessment District
No. 2 (County of San Luis Obispo, California) (the "Assessment District'); and
® WHEREAS, the Commission finds that the land specially benefited by the Improvement
Fees is shown within the boundaries of the.map entitled "Proposed Boundaries of Assessment
District No. 2 (County of San Luis Obispo, California)," a copy of which map is on file with the
Secretary and presented to this Commission meeting, and determines that the land within the
exterior boundaries shown on the map shall be designated "Assessment District No. 2 (County of
San Luis Obispo, California)";
Now, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide
Communities Development Authority hereby finds, determines and resolves as follows:
1. The above recitals are true and correct, and the Commission so finds and
determines.
2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 (the "1931 Act'), being Division 4 (commencing
with Section 2800) of the California Streets and Highways Code, the Commission
hereby declares its intent to comply with the requirements of the 1931 Act by
complying with Part 7.5 thereof.
3. The Commission has or will designate a registered, professional engineer as
Engineer of Work for this project, and hereby directs said firs to prepare the
report containing the matters required by Sections 2961(b) and 10204 of the
® Streets and Highways Code, as supplemented by Section 4 of Article XIIID of the
California Constitution.
4. The proposed boundary map of the Assessment District is hereby approved and
® adopted. Pursuant to Section 3111 of the California Streets and Highways Code,
the Secretary of the Authority is directed to file a copy of the map in the office of
the County Recorder of the County of San Luis Obispo within fifteen (15) days of
the adoption of this resolution.
5. The Commission determines that the cost of the Improvement Fees shall be
specially assessed against the lots, pieces or parcels of land within the Assessment
District benefiting from the payment of the Improvement Fees. The Commission
intends to levy a special assessment upon such lots, pieces or parcels in
accordance with the special benefit to be received by each such lot, piece or
parcel of land, respectively, from the payment of the Improvement Fees.
6. The Commission intends, pursuant to subparagraph (1) of Section 10204 of the
California Streets and Highways Code, to provide for an annual assessment upon
each of the parcels of land in the proposed assessment district to pay various costs
and expenses incurred from time to time by the Authority and not otherwise
reimbursed to the Authority which result from the administration and collection of
assessment installments or from the administration or registration of the
improvement bonds and the various funds and accounts pertaining thereto.
7. Bonds representing unpaid assessments, and bearing interest at a rate not to
exceed twelve percent (12%) per annum, will be issued in the manner provided by
® the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code),
and the last installment of the bonds shall mature not to exceed thirty (30) years
from the second day of September next succeeding twelve (12) months from their
date.
8. The procedure for the collection of assessments and advance retirement of bonds
under the Improvement Bond Act of 1915 shall be as provided in Part 11.1,
Division 10, of the Streets and Highways Code of the State of California.
9. Neither the Authority nor any member agency thereof will obligate itself to
advance available funds from its or their own funds or otherwise to cure any
deficiency which may occur in the bond redemption fund. A determination not to
obligate itself shall not prevent the Authority or any such member agency from, in
its sole discretion, so advancing funds.
10. The amount of any surplus remaining in the improvement fund after completion
of the improvements and payment of all claims shall be distributed in accordance
with the provisions of Section 10427.1 of the Streets and Highways Code.
11. To the extent any Improvement Fees are paid to the Authority in cash with respect
to property within the proposed Assessment District prior to the date of issuance
of the bonds, the amounts so paid shall be reimbursed from the proceeds of the
bonds to the property owner or developer that made the payment.
C J
Primary Contact
EXHIBIT B
CITY OF MORRO BAY CONTACTS FOR SCIP PROGRAM
Name: Susan Slayton
Title: Finance Director
Mailing Address: 595 Harbor Street, Morro Bay, CA 93442
E-mail: sslayton@morro-bay.ca us
Telephone: 805-772-6200
Fax: 805-772-7329
E
LI
E
CERTIFICATION OF RESOLUTION
I, the undersigned, the duly appointed and qualified City Clerk, do hereby certify that the
foregoing resolution was duly adopted at a regular meeting of the City Council of the City of
Morro Bay duly and regularly held at the regular meeting place thereof on the 25'h day of
September, 2006, of which meeting all of the members of said City Council of the City of Morro
Bay had due notice and at which a majority thereof were present.
An agenda of said meeting was posted at least 72 hours before said meeting at a location
freely accessible to members of the public, and a brief description of said resolution appeared on
said agenda.
I have carefully compared the foregoing with the original minutes of said meeting on file
and of record in my office, and the foregoing is a full, true and correct copy of the original
resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its
adoption and the same is now in full force and effect.
Dated: September 26, 2006
RESOLUTION NO.47-06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING A REVISED CONFLICT OF INTEREST CODE
AND SUPERSEDING RESOLUTIONS IN CONFLICT THEREWITH
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, pursuant to the provisions of the Government Code Sections 87300 et seq., each
agency is required to adopt a Conflict of Interest Code; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm.
Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which
can be incorporated by reference, and which may be amended by the Fair Political Practices
Commission after public notice and hearings to conform to amendments to the Political Reform Act;
and
WHEREAS, the Fair Political Practices Commission recommends each agency incorporate
Commission Regulations 18730 and 18720 by reference as the body of their Code, and that all
changes to the Political Reform Act and to Regulations 18730 and 18720 will automatically be part
of the City's Conflict of Interest Code; and
® WHEREAS, the City -of Morro Bay incorporated its Conflict of Interest Code with the
adoption of Resolution No. 76-76 adopted 27 September 1976, Resolution No. 59-85 adopted 24
June 1985, Resolution No. 10-91 adopted 28 January 1991, Resolution 84-94 adopted 12 September
1994, and it is in further need of updating; and
WHEREAS, the City Council has determined that the attached document entitled "Conflict of
Interest Code for the City of Morro Bay" and Exhibits A and B, attached herein, accurately set forth
the current organizational structure of departments, their designated positions, and the respective
categories of financial interests which should be made reportable and those boards and commissions
which should be designated and the respective categories of financial interests which should be made
reportable by their members; and
WHEREAS, this action will ensure the City's Code will always be up to date and in
compliance with the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY
AS FOLLOWS:
SECTION 1. The terms of Title 2, Division 6 of the California Code of Regulations, Section
18730, and any amendments to it duly adopted by the Fair Political Practices Commission,
incorporated herein by reference, along with the attached document entitled "Conflict of Interest
Code for the City of Morro Bay" and Exhibit A in which members and employees are designated,
® and Exhibit B in which disclosure categories are set forth, constitute the Conflict of Interest Code for
the City of Morro Bay.
Resolution 47-06
Page 2 of 6
SECTION 2. The City Clerk is the filing official for the Mayor, Councilmembers, City
Manager, City Attorney, and Planning Commissioners. For the persons holding these positions, the
City Clerk accepts the filing, retains a copy, and forwards the original to the Fair Political Practices
Commission in Sacramento. For all other persons holding designated positions, the City Clerk is the
filing officer and retains the statements. The City Clerk will make the statements available for public
inspection and reproduction. (Government Code Section 81008)
SECTION 3. This Resolution shall take effect January 1, 2007, and supersedes previous
resolutions stated above.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 25t° day of September 2006 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
BAXLEY, DEMERITT, PEIRCE, PETERS, WINHOLTZ
NONE
NONE
APPROVED AS TO FORM:
11
Resolution 47-06
Page 3 of 6
l
CONFLICT OF INTEREST CODE FOR THE CITY OF MORRO BAY
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local
government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices
Commission has adopted two regulations (2 Cal. Code of Regs. Sec. 18730 and 18720) which
contain the terms of a standard conflict of interest code, which can be incorporated by reference in an
agency's code. After public notice and hearing, it may be amended by the Fair Political Practices
Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2
California Code of Regulations Sections 18730, 18720, and any amendments to it duly adopted by
the Fair Political Practices Commission are hereby incorporated by reference. These regulations and
the attached Appendix designating officials and employees and establishing disclosure categories
shall constitute the Conflict of Interest Code for the City of Morro Bay.
Designated employees shall file statements of economic interests with the City which shall
® make the statements available for public inspection and reproduction (Gov. Code Section 81008).
Statements for other positions designated in this Conflict of Interest Code will be retained by the
City.*
® • Form 721 statements for Article 2 filers (including but not limited to: Mayor, Councilmembers, Planning Commission,
City Manager, City Attorney, and Finance Director of the City of Morro Bay) shall be filed with the City who will make
and retain copies and forward the original to the Fair Political Practices Commission.
Resolution 47-06
Page 4 of 6
2
EXHIBIT A
RESOLUTION NO.47- 06
CITY OF MORRO BAY
LIST OF DESIGNATED POSITIONS
CONFLICT OF INTEREST CODE
Position
Council Members, City Manager, City Clerk,
City Finance Director, Planning Commission Members
Administration:
Assistant City Manager
City Clerk
Management Analyst
Finance:
Accountant
Information Systems Technician
Public Services Department:
Fire:
Public Services Director
Capital Projects Manager
City Engineer
Chief Building Official
WWTP Manager
WWTP Supervisor
Senior Planner
Housing Programs Coordinator
Water Supervisor
Collection Systems Supervisor
Street Leadworker
Fleet Maintenance Leadworker
Engineering Technician III
Fire Chief
Fire Captain
Administrative Technician
Disclosure Category
As required
by State Law
1,2
1,2
3,6
1,2
1,2
1,2
1,2
1,2
1,2
2,4,6
2,4,6
3,4,6
2,4,6
2,4,6
2,4,6
2,4,6
2,4,6
2,4,6
1,2
2,3,6
6
Resolution 47-06 Page 5 of 6
E
Position Disclosure Category
Harbor:
Police:
Harbor Director
1,2
Chief Harbor Patrol Officer
3,6
Harbor Business Coordinator
2,3,4,6
Police Chief 1,2
Police Commander 1,2
Support Services Manager 6
Recreation and Parks:
Facilities Superintendent 1,2
Park Superintendent 1,2
Recreation Supervisor/Sports Services 6
Recreation SupervisorNouth Services 6
Administrative Technician 6
0 Advisory Board and Commissions:
Community Promotions Committee 1,2
Harbor Advisory Board 1,2
Recreation and Parks Commission 1,2
Pubic Works Advisory Board 1,2
Consultants* 1,2
• Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure
category in the code subject to the following limitation: The City Manager may determine in writing that a particular
consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not
® required to fully comply with the disclosure requirements described in this section. Such written determination shall
include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure
requirements. The City Administrator's determination is a public record and shall be retained for public inspection in the
same manner and location as this Conflict of Interest Code.
Resolution 47-06
Page 6 of 6
11
u
EXHIBIT B
RESOLUTION NO. 47- 06
CITY OF MORRO BAY
DISCLOSURE CATEGORIES
General Provisions
When a designated employee or individual is required to disclose investments, business positions
and sources of income, he or she need only disclose investments in business entities and sources of
income which do business in the City, plan to do business in the City or have done business in the
City within the past two (2) years. In addition to other activities, a business entity is doing business
within the City if it owns real property within the City. When a designated employee or individual is
required to disclose real property, he or she need only disclose that which is located in whole or in
part within or not more than two (2) miles outside the boundaries of the City or within two (2) miles
of any land owned or used by the City.
Designated employees shall disclose their financial interests pursuant to the appropriate disclosure
category as indicated in Exhibit A.
Disclosure Categories
Category 1: All investments, business positions and sources of income. See Schedules A-1, A-2,
B, C, D, E, and F to the Statement of Economic Interests.
Category 2: All interests in real property. See Schedule B.
Category 3: All investments, business positions, interests in real property and sources of income
subject to the regulatory, permit, or licensing authority of the department. See
Schedules A-1, A-2, B, C, D, E, and F.
Category 4: Investments in business entities and sources of income which engage in land
development, construction or the acquisition of real property. See Schedules A-1, A-
2, B, C, D, E, and F.
Category 5: Investments in business entities and sources of income of the type which contracts
with the City to provide services, supplies, materials, machinery or equipment to any
City department. See Schedules A-1, A-2, B, C, D, E, and F.
Category 6: Investments in business entities and sources of income of the type which contracts
with the City to provide to the designated employee's department services, supplies,
materials, machinery, or equipment. See Schedules A-1, A-2, B, C, D, E, and F.
0 RESOLUTION NO.46-06
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING THE CITY OF MORRO BAY
LOCAL HAZARD MITIGATION PLAN
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the cost of disaster recovery in the United States has dramatically
increased over the past decade promoting interest in providing effective ways to
minimize our country's hazard vulnerability; and
WHEREAS, the Disaster Mitigation Act of 2000 constitutes an effort by the
Federal government to reduce the rising cost of disasters; and
WHEREAS, the Disaster Mitigation Act of 2000 ties mitigation funding to cities,
counties, and tribal governments that have approved Local Hazard Mitigation Plans; and
WHEREAS, the purpose of the Disaster Mitigation Act of 2000 was to establish
a national program for pre -disaster mitigation, streamline administration of disaster relief
at both the federal and state levels, and control federal costs of disaster assistance; and
WHEREAS, the City of Morro Bay has gone through the planning process with
community participation and developed a City of Mono Bay Hazard Mitigation Plan that
meets the needs established by the Disaster Mitigation Act of 2000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Morro Bay, California, adopts the City of Mono Bay Local Hazard Mitigation Plan; and
BE IT FURTHER RESOLVED that a copy of this resolution and a copy of the
Local Hazard Mitigation Plan will be forwarded to the Governor's Office of Emergency
Services and the Federal Emergency Management Agency for review and approval.
PASSED AND ADOPTED bx the City Council of the City of Mono Bay at
regular meeting thereof held on the 25 day of September 2006 on the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters,
NOES: None
ABSENT: None
ATTEST:
BRIDGETqAUEF, City Clerk
® RESOLUTION NO.44-06
RESOLUTION OF INTENTION TO APPROVE .
AN AMENDMENT TO THE CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL, CITY O F MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Board of Administration of the California Public Employees'
Retirement System (CalPERS) at the April 1996 meeting approved a pre-tax payroll deduction
plan for service credit purchases under Internal Revenue Code (IRC) section 414(h)(2); and
WHEREAS, the City Council of the City of Morro Bay has the authority to implement
the provisions of IRC section 414(h)(2) and has determined that even though implementation is
not required by law, the tax benefit offered by this section should be provided to those employees
who are member of CalPERS; and
WHEREAS, the City Council of the City of Morro Bay elects to participate in the pre-tax
payroll deduction plan for employees in the following CaIPERS employee groups or
® classifications:
ALL MISCELLANEOUS AND SAFETY
NOW, THEREFORE BE IT RESOLVED:
I. That the City Council of the City of Morro Bay will implement the provisions of IRC
section 414(h)(2) by making employee contributions for service credit purchases
pursuant to the California State Government Code on behalf of its employees who are
members of CalPERS and who have made a binding irrevocable election to
participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean
those contributions reported to CalPERS which are deducted from the salary of
employees and are credited to individual employee accounts for service credit
purchases, thereby resulting in tax deferral of employee contributions.
II. That the contributions made by the City of Morro Bay to CalPERS, although
designated as employee contributions, are being paid by the City of Morro Bay in lieu
of contributions by the employees who are members of CalPERS.
M. That the employees shall not have the option of choosing to receive the contributed
amounts directly instead of having them paid by the City of Morro Bay to CalPERS.
E �J
Resolution No. 44-06
Page Two
W. That the City of Morro Bay shall pay to CaIPERS the contributions designated as
employee contributions from the same source of funds as used in paying salary,
thereby resulting in tax deferral of employee contributions.
V. That the effective date for commencement of the pre-tax payroll deduction plan
cannot be any earlier than the date the completed resolution is received and approved
by CalPERS.
VI. That the City of Morro Bay shall participate in and adhere to requirements and
restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll
deductions when authorized by CaIPERS for those employees of the above stated
employee groups or classifications who have elected to participate in this plan.
PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held
this 25'h day of September, 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
® NOES: None
ABSENT: None
11
LJ
RESOLUTION NO.43-06
RESOLUTION ACCEPTING $100,000 FROM THE
STATE OF CALIFORNIA CITIZENS OPTION
FOR PUBLIC SAFETY (COPS) PROGRAM
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Government Code Sections 30061 through 30064 is providing
supplemental funds for front line municipal police services after the City adopted its 2006-2007
budget; and
WHEREAS, it is proposed that the Police Chief be given discretion to use these funds
during the grant period for other purposes authorized by the grant in the event of a change in
department staffing and priorities; and
WHEREAS, the required public hearing has been held.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro
® Bay hereby authorize the expenditure of those funds in accordance with the Government Code as
recommended by the Police Chief.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at
a regular meeting held on the 11 t° of September 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters
NOES: Winholtz
ABSENT: None
ATTEST:
Bridgett Ba , City Clerk
l
Winholtz
® RESOLUTION NO.42-06
APPROVAL OF AN AGREEMENT REGARDING DEED OF TRUST: LESSOR'S
ACKNOWLEDGEMENT AND CONSENT FOR THE LEASE AGREEMENT
LEASE SITE 91-92/91W-92W AND ACKNOWLEDGEMENT THAT THE LEASE
AGREEMENT IS HELD BY THE ANDERSON FAMILY PARTNERSHIP,
DBA ANDERSON INN PROPERTIES (899 EMBARCADERO)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City is the Lessor of property known as Lease Site 91-92/91 W-
92W located at 899 Embarcadero; and,
WHEREAS, Rodger J. Anderson, Amalia A. Anderson, and Jefferson L.
Anderson and the Anderson Family Partnership are tenants on the lease DBA Anderson
Inn Properties; and,
WHEREAS, the Anderson Family Partnership is obtaining construction loan
financing to make improvements on said property as required by the long-term lease
agreement for the site approved by the City of Morro Bay on February 14, 2006; and,
WHEREAS, the Anderson Family Partnership's lender, Mission Community
Bank is requesting approval of an agreement to provide them certain rights under the
lease agreement to secure the loan; and,
® WHEREAS, the City Attorney has reviewed and approved the attached
agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the Agreement Regarding Deed of Trust: Lessor's Acknowledgement and
Consent for Lease Site 91-92/91 W-92W is hereby approved and that the Mayor is hereby
authorized to execute said agreement.
BE IT FURTHER RESOLVED that said lease agreement is held by Rodger J.
Anderson, Amalia A. Anderson and Jefferson L. Anderson of the Anderson Family
Partnership DBA Anderson Inn Properties.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting held thereof on the 28 day of August 2006, by the following vote:
AYES:
NOES:
ABSENT:
Baxley, DeMeritt, Peirce, Peters,
None
None
_t
AGREEMENT REGARDING DEED OF TRUST:
LESSOR'S ACKNOWLEDGEMENT,
CONSENT, AND AGREEMENT
THIS AGREEMENT is entered into this 16th day of August 2006, by and between the
City of Morro Bay ("Lessor"), the ANDERSON FAMILY PARTNERSHIP
dba ANDERSON INN PROPERTIES ( Rodger J. Anderson, Amalia A. Mason and Jefferson
L. Anderson, ("Lessee") and MISSION COMMUNITY BANK ("Lender").
RECITALS
A. Lessor and Lessee have, prior to these presents, entered into a forty (47) year
lease agreement effective January 1, 2006, with respect to real property commonly known as
Lease Site 91-92 / 91W-92W (the "Leased Premises").
® B. Under Article 5 of the Lease, Lessee has the right to encumber the leasehold by
deed of trust or mortgage, without the consent of the City, upon the terms and conditions more
particularly set forth in the Lease, and subject to Lessee's obligation to provide the City with
prior notice of the encumbrance, Lessee intends to encumber the leasehold under deed of trust in
favor of Lender.
C. Lender is willing to lend funds to Lessee, and secure the same by the Deed of
Trust, subject to the existing terms of the Lease, and under the additional terms and conditions
herein set forth. Lender requires that the obligations of the parties with respect to various matters
contained within the Lease pertaining to by way of example and not limitation, notices, defaults,
redemption rights and cures, be more particularly described, modified, and defined to avoid
ambiguities, misunderstandings and potential future conflicts between the parties:
® THEREFORE, THE PARTIES AND EACH OF THEM, AGREE AS FOLLOWS:
Page 1 of 8
No Encumbering of the Fee: Lender agrees and acknowledges that the Deed of
Trust in favor of Lender as executed by Lessee, shall encumber only the leasehold, and shall not
be deemed an encumbrance on the City's fee interest in the leasehold premises.
2. Notice to Lender: For purposes of notice to the Lender under Article 5 of the
Lease, Lender's address shall be as follows:
MISSION COMMUNITY BANK
581 Higuera Street
San Luis Obispo, CA 93401
Atten: Michele Bode, Vice President
Lender may, from time to time, change the foregoing address for receiving notice
under Article 5 of the Lease, by delivering written notice of such change of address to the Lessor
as provided at paragraph 12.02 of the Lease.
3. Request for Notice: Immediately after the recording of the Deed of Trust
pursuant to this agreement, containing a power of sale as defined by California law, Lessee shall,
at Lessee's own cost and expense, record, in the official records of the office of the County
Recorder of San Luis Obispo, California, a written request, executed and acknowledged by
Lessor, for a copy of any notice of default and a copy of any notice of sale under the Deed of
Trust to be mailed to Lessor at the address specified at section 12.02 of the Lease, or as said
address may hereafter be changed by Lessor in accordance with said paragraph of the Lease.
4. Notice Requirements: Notwithstanding the provisions of Article 5 of the Lease,
Lessor shall mail to Lender a duplicate copy of any and all notices which Lessor may, from time
to time, give to or serve on Lessee pursuant to or relating to the Lease and Lessor shall undertake
other actions required hereunder by Lender in regard to Lessee, the Leased Premises, or the .
ANDERSON FAMILY PARTNERSHIP
dba Anderson Inn Properties
93-1152358 Page 2 of 8
® Lease. Lessee shall at all times keep Lessor informed in writing of the mailing address of Lender
and any changes in Lender's mailing address which become known to Lessee. Any notices or
other communications permitted or required by this Agreement, or the Lease, or by law, to be
served on or given to Lender by Lessor shall be deemed duly served on or given to Lender when
deposited in the United States mail, first-class postage prepaid, addressed to Lender at the last
mailing address for Lender furnished in writing to Lessor by Lessee or Lender.
5. No Modification of Lease: Lessee and Lessor hereby expressly stipulate and
agree that they will not hereafter modify the Lease in any way nor cancel the Lease by mutual
agreement without first obtaining the written consent of Lender during the term and existence of
the Deed of Trust. The parties recognize and agree that Lessors' execution of this agreement
shall be based upon the prior approval of the City Council of the City of Morro Bay, and that to
® the extent that this agreement is deemed a modification of the Lease, that the execution of this
agreement by the Lessor shall be deemed to be in complete compliance with paragraph 12.07 of
the Lease.
6. Lender's Authority to Perform: Lender shall have the right at any time during
the term of the Lease and the term and existence of the Deed of Trust:
(1) Do any act or thing required of Lessee under the Lease, and any
such act or thing done and performed by Lender shall be as effective to prevent a forfeiture of
Lessee's rights under this Lease as if done by Lessee itself;
(2) Realize on the security afforded by the leasehold estate by
exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity
or by the Deed of Trust, and to:
ANDERSON FAMILY PARTNERSHIP
dba Anderson Inn Properties
93-1152358
Page 3 of 8
(a) Transfer, convey or assign the title of Lessee to the
leasehold estate created by the Lease to any purchaser at any foreclosure sale, whether the
foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in
the Deed of Trust; or,
(b) Acquire and succeed to the .interest of Lessee under the
Lease by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a
court order or pursuant to a power of sale contained in the Deed of Trust; or,
(c) Acquire and succeed to the interest of Lessee under the
Lease by virtue of a deed in lieu of foreclosure acceptable to Lender.
However, any such conveyance or assignment pursuant subpart (a),
(b), or (c) above is contingent upon the City's consent as set forth in Article 10 of the Lease.
7. Termination by Lessor: During the term and existence of the Deed of Trust,
before Lessor may terminate the Lease because of any default under or breach of the Lease by
Lessee, Lessor must give written notice of the default or breach to Lender, in accordance with
the provisions of paragraph 2 of this Agreement and afford Lender the opportunity after service
of the notice to:
(1) Cure the breach or default within thirty (30) days where the default
can be cured by the payment of money to Lessors or some other person;
(2) Cure the breach or default within thirty (30) days where the breach
of default must be cured by something other than the payment of money and can be cured within
that time; or
ANDERSON FAMILY PARTNERSHIP
dba Anderson Inn Properties
93-1152358
Page 4 of 8
u
® (3) Cure the breach or default in such reasonable time as may be
required where something other than money is required to cure the breach or default and cannot
be performed within thirty (30) days provided that acts to cure the breach or default are
commenced within that time period after service of notice of default on Lender by Lessor and are
thereafter diligently continued by Lender.
8. No Automatic Termination: Notwithstanding any other provision of the Lease,
should the Lease terminate, as a matter of law, or otherwise because of the insolvency or
bankruptcy of Lessee or because of any non -curable default under, or breach of, the Lease by
Lessee, Lessor will execute a new lease for said premises to the Lender as New Lessee,
provided:
(1) A written request for the new lease is served on Lessor by Lender
® within sixty (60) days after service on Lender of the notice describing the non -curable default in
accordance with paragraph 2 hereof,
(2) The new lease is for a term ending on the same date the term on
the Lease would have ended had not the Lease been otherwise subject to termination, provides
for the payment of rent at the same rate that would have been payable under the Lease had the
Lease not been otherwise subject to termination, and contains the same terms, covenants,
conditions, and provisions as are contained in the Lease;
(3) Lender, on execution of the new lease by Lessor, shall pay any and
all sums that would, at the time of the execution of the new lease, be due under the Lease but for
its termination and shall otherwise fully remedy, or agree in writing to remedy, any other
defaults under or breaches of the Lease committed by Lessee prior to the termination that can be
® remedied;
ANDERSON FAMILY PARTNERSHIP
dba Anderson Inn Properties
93-1152358
Page 5 of 8
(4) Lender, on execution of the new lease, shall pay all reasonable
costs and expenses, including reasonable attorney's fees and court costs, incurred by Lessor in
terminating the Lease, recovering possession of said premises from Lessee or the representative
of Lessees, and preparing the new lease.
9. No Merger: Following the recording of the Deed of Trust, and until it is
reconveyed by Lender, there shall thereafter, during the existence of that encumbrance, be no
merger, without the prior written consent of Lender, of the leasehold estate created by the Lease
and the fee estate in the Lease Premises merely because both estates have been acquired or
become vested in the same person or entity.
10. Limitations on Lender's Liability: Lender shall not be liable to Lessor as an
assignee of the Lease unless and until such time as Lender acquired all rights of Lessee under the
Lease through foreclosure or other proceedings in the nature of foreclosure or as a result of some
other action or remedy provided by law, this agreement or the Deed of Trust.
Should Lender become the owner of the leasehold through foreclosure, as
assignment or transfer in lieu of foreclosure, or under the provisions of paragraph 8, following
Lender's assignment by Lender to, and the assumption by, a new third party Lessee of this
Lease, or of the new lease under paragraph 8, ("Lender's Lease Assignment"), then Lender shall
be relieved of any further liability under this Lease, or any new lease under. paragraph 8, arising
from and after the date of such Assignment. Any Lender's Lease Assignment shall be subject to
the prior consent of Lessor, such consent to be based solely upon whether the assignee has the
financial ability to pay and perform Lessees' obligations under the Lease, which consent shall
not be unreasonably withheld or delayed.
ANDERSON FAMILY PARTNERSHIP
dba Anderson Inn Properties
93-1152358 Page 6 of 8
® Lessor shall not unreasonably withhold or delay its consent to a Lender's Lease Assignment
provided, however, that the provisions of such assignment must be consistent with the terms and
conditions herein. A request by Lender for approval by Lessor of Lender's Lease Assignment
shall be submitted by Lessor in writing along with a fully executed copy of the proposed
assignment.
11. Lender: The term "Lender" as used in this Agreement shall mean not only the
entity that loaned money to Lessee as named as beneficiary, mortgagee, secured party, or
security holder in the Deed of Trust, but also subsequent assignees and holders of the security
interest created by such instrument.
12. Disputes Between Lessor and Lender: The parties agree that this agreement
shall govern the rights and obligations of the parties, in addition to the terms, conditions, and
® obligations under the Lease, during the term and existence of the Deed of Trust. To the extent
that any conflict or ambiguity exists between this agreement and the Lease, as between the rights
of Lender and Lessor, then the terms of this agreement shall be deemed controlling.
E
13. Attorney's Fees: If either Lessee, Lessor, or Lender shall bring suit against the
other for the enforcement of any provision in this Agreement or for declaratory relief in
connection with this Agreement or the Lease, the prevailing party in any such suit shall be
awarded a reasonable attorney's fee and court costs which shall be taxed by the court as a part of
the cost of such action.
14. Memorandum of Agreement: Following the execution of this agreement, Lender
and Lessor shall execute for recording by Lender, the memorandum regarding this agreement
attached hereto as Exhibit "A".
ANDERSON FAMILY PARTNERSHIP
dba Anderson Inn Properties
93-1152358
Page 7 of 8
Dated: F 6
Dated:
Dated:
LESSOR
CITY OF MORRO BAY
By
or
By: " "-t
City Clerk
LESSEE
ANDERSON FAMILX PARTNERSHIP
dba Anderson Itin Properties_
J.
Dated:
Amalia A. Mason
Dated:
Jefferson L. Anderson
LENDER
MISSION COMMUNITY BANK
Dated: d /6 J 6 By:
Miefiele Bode, Vice President
ANDERSON FAMILY PARTNERSHIP
dba Anderson Inn Properties
93-1152358
Page 8 of 8
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August 18, 2006
Rob Shultz, Esq
City Attorney
772-6568 (Bus)
772-6572 (Fax)
595 Harbor Blvd.
Morro Bay, CA 93442
Re: Morro Bay City Lease Site 91-92 / 91 W-92W
AGREEMENT REGARDING DEED OF TRUST: LESSOR'S
ACKNOWLEDGMENT, CONSENT, AND AGREEMENT
See attached amended Pg 1.
® Michele Bode
Vice President / Manager
0 581 Higuera Street, P. O. Box 789 ■ San Luis Obispo, CaMomia 93401.605.781.5000 a Fax 805.782.5034
mg. Io. LVVo C:45rim
IV 0. VV/y r. C
® AGREEMENT REGARDING DEED OF TRUST:
LESSOR'S ACKNOWLEDGEMENT,
CONSENT, AND AGREEMENT
THIS AGREEMENT is catered into this 16th day of August 2006, by and between the
City of Morro Bay ("Lessor'), the ANDERSON FAMILY PARTNERSHIP
dba ANDERSON INN PROPERTIES (`lessee"), RODGER J. ANDERSON ("Individual"),
AMALIA A MASON ("Individual"), JEFFERSON L. ANDERSON ("Individual"), and
MISSION COMMUNITY BANK ("Lender").
RECITALS
A Lessor and Lessee have, prior to these presents, catered into a forty (47) year
lease agreement effective January 1, 2006, with respect to real property commonly known as
Lease Site 91-92 / 91 W-92W (the "Leased Premises").
® B. Under Article 5 of the Lease, Lessee has the right to encumber the leasehold by
deed of trust or mortgage, without the consent of the City, upon the terms and conditions more
particularly set forth in the Lease, and subject to Lessee's obligation to provide the City with
prior notice of the encumbrance, Lessee intends to encumber the leasehold under deed of trust in
favor of Lender.
C. Lender is willing to lend funds to Lessee, and secure the same by the Deed of
Trust, subject to the existing terms of the Lease, and under the additional terms and conditions
herein set forth. Lender requires that the obligations of the parties with respect to various matters
contained within the Lease pertaining to by way of example and not limitation, notices, defaults,
redemption rights and cures, be more particularly described, modified, and defined to avoid
ambiguities, misunderstandings and potential future conflicts between the parties:
0 Page 1 or 8
nug. 10. CVVO II:)Ihat ". 9gOt1 r. i
1
�.�
August 18, 2006
Rob Shultz, Esq
City Attorney
772-6568 (Bus)
772-6572 (Fax)
595 Harbor Blvd.
Morro Bay, CA 93442
Re: Morro Bay City Lease Site 91-92 / 91 W-92W
Dear Mr. Shultz,
Please see attached faxed signature for Jeff Anderson as described to you in letter dated
August 17, 2006.
If you have any questions, please don't hesitate to contact me at 805-269-2027.
I appreciate all of your help in executing this document.
Respectfutly,
chele Bode
Vice president/ Manager
0 581 Hlgum S=tc P. O. Box 789 • San Luu Obisw, Califom a 93401.805.782.5000. Fax 805-782.5034
mug. io. Lino I1:7inm
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CITY OF MORRO BAY
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11
RESOLUTION NO. 41-06
ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 86-86W,
THE FISH BOWL RESTAURANT LOCATED AT 801 EMBARCADERO
FROM THE FISH BOWL LLC TO BURT CALDWELL
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City is the Lessor of certain property on the Morro Bay
waterfront described as Lease Site 86-86W located at 801 Embarcadero; and,
WHEREAS, the Fish Bowl LLC is the lessee of said property, and Roger Cliffe
is the principal manager of Fish Bowl LLC; and,
WHEREAS, the Fish Bowl LLC has requested City Council approval of
assignment of the lease agreement for Lease Site 86-86W to Burt Caldwell; and,
WHEREAS, Burt Caldwell has provided background and financial information
as requested to the City; and,
WHEREAS, the City Attorney has reviewed and approved the attached
agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Morro Bay that the lease agreement for Lease Site 86-86W is hereby assigned from Fish
Bowl LLC to Burt Caldwell 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 October 31,
2006.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting held thereof on the 28 day of August 2006, by the following vote:
AYES:
NOES:
ABSENT
Baxley, DeMeritt, Peirce, Peters,
None
None
BRIDGE AUER, CITY CLERK
Winholtz
u
This document is recorded for the
Benefit of the City of Morro Bay
and is exempt from recording fees,
pursuant to Government Code Sections
6103 and 27383.
RECORDING REQUESTED BY:
City of Morro Bay
WHEN RECORDED MAIL TO:
City of Morro Bay
City Attorney
595 Harbor Street
Morro Bay, CA 93442
Space above reserved for use of
County Recorder
ASSIGNMENT AND ASSUMPTION AGREEMENT
This assignment is made and.entered into this 29 day of August 2006, by and between
Fishbowl Restaurant, LLC (hereinafter referred to as "Assignor") and Burton K. Caldwell
(hereinafter referred to as "Assignees").
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 , under the Master Lease dated
2. Assignees acknowledge that the City of Morro Bay has leased the premises to Assignor
under the Master Lease and any amendments. Assignee acknowledges that any
assignment of the Master Lease is subject to prior approval by resolution of the City of
Morro Bay City Council and is also subject to prior execution between Assignor and
Assignees of the contract for Purchase and sale and addendums thereto, by and between
Assignor and Assignees.
3. Assignees agree to comply with terms and conditions of the Master Lease and any
amendments and to assume all liabilities required under the Master Lease and any
amendments, 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 furtheragree to maintain liability insurance in the manner, form and
amount required by Master Lease and any amendments with the City included as an
additional insured without the offset against the City's insurance.
Assignor confirms to the City that he has no actual knowledge or reasonable cause to believe that anv
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 not been reported pursuant to Health & Safety code 4253597.
® Dated:
L. /<064R,'CLLFFe=, Assignor
Consent to Assignment & Assumptions of all liabilities under the Lease Agreement
r7,\1
Dated:
ssignee
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 Assignees to assume after
, 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
the Morro Bay City Council prior to this agreement.
City of M Bay
Dated: 4 65
By: anise Peters, ay
City of Morro Bay
1
C:\Documents and Settings\Burt Caldwell\Local SettingsUemporary Intemet
Files\Content.) E5\U V 3 PA2FK\agr[ 1 ].assumption. B LANK.doc
E
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
On August 30, 2006, before me, Bridgett Bauer, City Clerk for the City of Morro
Bay, personally appeared Janice Peters, Mayor for the City of Mono Bay, personally
known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and
that by his/her signature on the instrument the person or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Bridgett Ba , City Clerk
City of Morro Bay, California
E
0 NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF SAN LUIS OBISPO }
On 8/29/06, before me, CHRISTI HARKNESS, a Notary Public in and for said State, personally
appeared BURTON K. CLADWELL AND L. ROGER CLIFFE, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
CHRISiI`=` 398
r Notzry ruGlli-G�Itomia N
of Sac,Luis O i°GD
GounP�p9
r
(ills area tar official notarial sea[)
STATE OF CALIFORNIA }ss
COUNTY OF SAN LUIS OBISPO }
On I before
me,
® , a Notary Public in and for said State, personally appeared JANICE
PETERS, personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
11
WITNESS my hand and official seal.
Sig
OPTIONAL:
DESCRIPTION OF ATTACHED DOCUMENT
ASSIGNMENT AND ASSUMPTION AGREEMENT
8/29/06
Otis Wed( 0.Xw nola(lale 1)
NOTA Y2.DOT (Rev M5)
® RESOLUTION NO.40-06
RESOLUTION DECLARING AN EMERGENCY CONDITION EXISTS
REGARDING THE FISHING VESSEL SUSAN DIANE AND AUTHORIZING
THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY
TO SAFEGUARD PUBLIC HEALTH AND SAFETY
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, in the early hours of July 20, 2006, the City of.Morro Bay Harbor
Department (Harbor Department) was notified that the FN Susan Diane had sunk at the City
South T-Pier; and
WHEREAS, Harbor Department staff arrived on scene and noticed an oily sheen around
the vessel, contacted the United States Coast Guard (USCG) and the California Department of
Fish and Game Oil Spill Prevention and Response Department (OSPR) and initiated immediate
mitigation on site while awaiting response; and
WHEREAS, the vessel's owner is currently living in Texas and unable to travel; and
WHEREAS, OSPR coordinated and contracted with a private parry to pump the fuel off
® the fishing vessel;
WHEREAS, the Harbor Department, worked through the night with the USCG and
OSPR through the next three days to raise the vessel, keep it afloat and to minimize impact from
the fuel spill to the waters of Morro Bay; and
WHEREAS, the owner of the FN Susan Diane authorized the Harbor Department to
take any necessary action to prevent further damage to the waters of Morro Bay and to prevent
the vessel from sinking; and
WHEREAS, the FN Susan Diane was taking on water at a rate that required three
pumps running continually, with 24 hour a day supervision to prevent any further potential
pollution of the waters of Morro Bay; and
WHEREAS, all agencies involved determined that the only way to effectively prevent
pollution from the FN Susan Diane from any residual contaminants still on board was to remove
the vessel from the bay and to demolish it; and
WHEREAS, the conditions were such that mitigation could not permit the delays
resulting from competitive solicitation for bids delineated in the Public Contract Code; and
WHEREAS, Section 8630 et. sec. of the California Government Code authorizes local
governing bodies to declare local emergencies when such events occur as described in California
® Government Code section 8558; and
Resolution No. 40-06
Page Two
WHEREAS, pursuant to California Government Code section 8634, upon declaration of
a local emergency, the City Council of the City of Morro Bay may promulgate orders and
regulations necessary to provide for the protection of life and property; and
WHEREAS, Section 22050 et. sec. of the Public Contract Code provides that a local
agency, by 4/5ths vote of its governing body, may repair or replace a public facility without
giving notice for bids and may enter into contracts upon finding that the need of the action
cannot be delayed by the competitive bid process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that, pursuant to California Government Code section 8630, a state of local emergency is
declared to exist in the City of Motor Bay due to a threat to pollute from the FN Susan Diane
over the time period from July 20, 2006, until August 15, 2006; and
BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that
emergency conditions exist regarding immediate removal and demolition of the FN Susan Diane
and the Council hereby declares said emergency pursuant to Section 20168 of the Public
Contract Code and the California Environmental Quality Act; and
® BE IT FURTHER RESOLVED, the City Manager is hereby authorized and directed to
order actions deemed appropriate to mitigate the conditions under emergency contracting
outlined in Section 22050 of the Public Contract Code; and
BE IT FURTHER RESOLVED, funding for the mitigation work is hereby allocated in
a sum not to exceed $60,000 from the Harbor Fund Derelict Vessel account.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 14th day of August 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
PETERS, MAYOR
ATTEST:
' U EQ�UER,
0
►l
RESOLUTION NO. 39-06
RESOLUTION OF THE CITY COUNCIL OF MORRO BAY
ESTABLISHING USER RATES FOR WASTEWATER SERVICES
THE CITY COUNCI
City of Morro Bay, California
WHEREAS, the community of Morro Bay seeks to provide for a properly functioning wastewater
collection system, complying with the State Water Resources Control Board requirements and the City of Morro
Bay Collection System Master Plan; and
WHEREAS, an upcoming financial analysis for the wastewater treatment plant upgrade will provide
a plan for funding of collection and treatment capital, operations and maintenance activities into the future; and
WHEREAS, the City Council finds that an adjustment in rates charged for these services is necessary
now to provide adequate funds to commence required activities in the collection system for system operations,
maintenance and replacement.
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that it is in the interests
of the general welfare of the community to adjust rates with an increase of 20%; and
BE IT FURTHER RESOLVED the following monthly user rate schedule for services is adopted,
effective November 2006; and
BE IT FURTHER RESOLVED, to reduce the negative impacts of inflation and other cost increases
beyond the community s control, a uniform 5% increase in rates shall be effective January 1" of each
subsequent year.
MONTHLY - WASTEWATER RATES
Multiple Family Residential
$20.10 flat for 10 ccf + $1.93 each ccf over 10
Mobile Home Parks
$1.93 Der
ccf $20.10 minimum
CommercialfDomestic Strength
$2.43
r ccf $20.10 minimum
Commercial Laundry
$2.43 per
ccf $20.10 minimum
Condo - Common Area with sewer
$2.43 per
ccf $20.10 minimum
Laundromat
$1.93 Der
ccf $20.10 minimum
Car Wash
$1.93 per
ccf $20.10 minimum
Restaurants
$5.58 per
ccf $20.10 minimum
Bakeries
$5.58 per
ccf $20.10 minimum
Retirement Home/Hospital
$4.36 per
ccf $20.10 minimum
Motels
$3.35 per
ccf $20.10 minimum
Mortuaries
$3.64 perccf
$20.10 minimum
Hotels with Dining Room
$4.36 per
ccf $20.10 minimum
Seafood Processors
$5.58 per
ccf $20.10 minimum
Water Softeners
$1.93 Der
ccf $20.10 minimum
Schools
$1.93
r ccf $20.10 minimum
Other Public Facilities
$1.93 per
ccf $20.10 minimum
City Facilities/on Sewer
$1.93 per
ccf $20.10 minimum
Power Plant
1$248.26 Flat rate - not read
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting held thereof on the 28th
day of August, 2006 by the following vote:
AYES: Baxey, DeMeritt, Peirce, Peters,
NOES: None
ABSENT: None
ATTEST: R- . ,
l
BRIDGETT B UER, City Clerk
® RESOLUTION NO.38-06
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ESTABLISHING APPROPRIATIONS LIMIT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Article XIIIB of the California Constitution establishes a limitation on the
appropriation of funds by the City; and
WHEREAS, the City has calculated the appropriations limit in accordance with the
provisions of Article XIIIB of the California Constitution; and
WHEREAS, Proposition 111 of June 1990 requires an annual election of the
methodology used in the calculation of the current year appropriations limit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California, to accept the calculation as prepared by the Finance Department and establish
the fiscal year 2006-07 Appropriations Limit at $17,660,315.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 14th day of August 2006, on the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: . None
ABSENT: None
ATTEST:
41
BRIDGETTQ$AUER, City Clerk
RESOLUTION NO. 37-06
® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA SUBMITTING TO THE VOTERS BALLOT MEASURES
AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 7, 2006; AUTHORIZING CITY COUNCIL MEMBERS TO FILE
WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURES; AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF THE MEASURES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, two initiative petitions were presented to the City Clerk on January
17, 2006 as follows 1) to amend the Morro Bay Municipal Code to require that city
council vacancies be filled by election and to set forth a process by which city council
members may vacate their seats prior to the expiration of their full term for the purpose of
running for alternate public office; and 2) amending the Municipal Code to change the
time and method of electing city officials to allow for a primary election with the most
successful of those candidates advancing to a November runoff election or being elected
by an outright majority vote in the primary election; and
WHEREAS, said initiative petitions have been examined by the City Clerk and
certified as being sufficient in accordance with Section 4011 of the Elections Code,
qualifying the initiative petitions to be submitted to the voters of the City of Morro Bay at
the General Municipal Election to be held on Tuesday, November 7, 2006; and
WHEREAS, the Morro Bay City Council did, by Resolution No. 32-06, call said
General Municipal Election and requested the County Board of Supervisors to approve
consolidation of the election with the Statewide General Election to be held on the same
day.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, as follows:
The City Council, pursuant to its authority in accordance with the Elections Code,
does hereby determine there shall be and is hereby ordered submitted to the
qualified electors of said City at said General Municipal Election the following
questions:
Shall the Municipal Code be amended to require that
city council vacancies be filled by election and to set YES
forth a process by which city council members may
vacate their seats prior to the expiration of their full
term for the purpose of running for alternate public NO
office?
Resolution No. 37-06
Page Two
Shall the Municipal Code be amended to change the time
and method of electing city officials to allow for a YES
primary election with the most successful of those
candidates advancing to a November runoff election or
being elected by an outright majority vote in the primary NO
election?
2. The City Clerk is hereby directed to forward a copy of Resolution Nos. 32-06 and
37-06 to the County Clerk for inclusion in the ballot for the November 7, 2006
General Municipal Election.
3. The initiative measures shall pass only if a majority of the votes cast by voters
voting on the measures are "yes" votes and shall, if passed, take precedence over
any other conflicting measure receiving less votes in this election.
4. The City Council hereby directs the City Attorney to prepare an impartial written
® analysis of the measures, not to exceed 500 words in length, showing the effect of
the measures on existing law and the operation of the measures. 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 measures described above and which is contained in Exhibit 1 and Exhibit 2 to
this resolution, which exhibits are incorporated by reference. All written
arguments filed by any person in favor or against the measure(s) 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 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 measures, which is contained in Exhibit
1 and Exhibit 2, together with the City Attomey'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
General Municipal Election, shall cause the text of the measures 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
® properly conduct the election.
Resolution No. 37-06
® Page Three
7. The provisions of Resolution No. 32-06 refer to more particulars concerning the
General. Municipal Election to be held on November 7, 2006 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 b� the City Council of the City of Morro Bay at a
regular meeting thereof held on the 10 day of July 2006 on the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
® ATTEST:
C�
3
E
ORDINANCE NO.
Section 2.06.30 COUNCIL VACANCY REFORM
A. Policy of full term service
Election to public office in the City of Morro Bay creates a covenant to serve to the
best of one's ability the full term of that office before seeldng alternate public office.
Without the enactment of this ordinance when a councilmember in the middle of their term
moves to an alternate office they also deny the citizens of Morro Bay the right to vote for the
person who will fill the vacancy created by that move. If a councilmember wishes to run for
alternate office before his or her term has expired he or she should resign from their seat so
that the voters may elect their replacement in an orderly manner.
B. How vacancies filled
The city council shall immediately call a special election to fill any vacant seat on the
council, including the mayors seat. The special election shall be held on the next established
election date, as specified in California Elections Code, which is not less than 114 days from the
call of the special election. The city council may appoint an elector who is a registered voter in
the City of Morro Bay to fill such vacancy prior to the special election. The appointee shall hold
office only until the date of said special election.
1. Mailed ballots
Notwithstanding the provisions of Subsection B, if the date of the special election otherwise
required under Subsection B would not be a consolidated election, the city council may
designate the special election to be held by mailed ballot under the provisions of
California Elections Code Section 4004 at the next available mailed ballot election date
® which is not less than 114 days from the call of the special election.
C. Limitation on councilmember who runs for mayor before completing regular term.
A sitting councilmember is disqualified from nomination for election to the office of
mayor in the next election if the remainder of their council term after the next election cannot be
filled by a vote of the electors on or prior to that election date.
D. Cost reimbursement
1. If the special election to fill a council vacancy occurs prior to the next general municipal
election and the former councilmember whose seat was vacated causing that special
election accepts nomination to run for the office of council or mayor in the next general
municipal election, that former councilmember shall reimburse the city for city costs
incurred as a result of said special election if the term of service for the seat previously
vacated would have otherwise overlapped the term being sought.
2. Any mayor whose election to that office also created the premature vacancy of their council
seat shall reimburse the city for city costs incurred in any future special election which
must later be called to fill their prematurely vacated seat. As used in this subsection the
term "future special election" means a special election that does not occur at the same
time or prior to their election to the office of mayor.
11
E. Severability
If one or more of the provisions of this section should be held invalid the remaining provision or
provisions shall remain in full force and effect.
n
E
V11Pit
ORDINANCE NO.
Section 2.09.010 is deleted and replaced with the following:
Section 2.09.010 ELECTION BY MAJORITY VOTE
A. Policy of majority vote
It is the policy of the City of Morro Bay that its citizens shall have the greatest possible
opportunity to elect their elected officials by majority vote and to have the largest
possible field of qualified candidates. The limiting of our regular municipal election to a
single election in November works against that policy because the votes cast by electors
may be split among a large field of candidates. In such a circumstance the candidates
receiving the highest number of votes may be elected even though they fall far short of a
majority support. Additionally, otherwise qualified candidates may be discouraged from
running in a single November election for fear of splitting the vote with other good
candidates. By conducting regular municipal elections on the same day as the statewide
primary election we allow an unlimited field of candidates to run for office with the best
of those candidates advancing to a runoff in the November election if they do not receive
a majority vote in the primary election.
B. General municipal election date
Pursuant to authority granted by the state, the city shall hold its general municipal election on the
same day as the statewide direct primary election.
C. Severability
If one or more of the provisions of this section should be held invalid the remaining provision or
® provisions shall remain in full force and effect.
® RESOLUTION NO.36-06
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
REAFFIRMING INVESTMENT OF MONIES IN THE
LOCAL AGENCY INVESTMENT FUND AND
DESIGNATE TRANSACTION OFFICERS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Resolution No. 55-03
City of Morro Bay to continue investing
Agency Investment Fund (LAIF); and
dated November 17, 2003, authorized the
funds with the State of California's Local
WHEREAS, the officers then authorized to order deposit and withdrawal of
monies and effect changes to the account have changed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that the City continue investing with LAIF and designate the
following officers to deposit and withdraw funds and effect changes to the account:
Janice Peters
Mayor
Robert E. Hendrix
City Manager
Susan Slayton
Finance Director/Treasurer
® Joyce Bunting
Accountant
Laurie Goforth
Lead Account Tech
Cris Brazzi
Account Clerk III
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 10th day of July 2006, on the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
ATTEST:
E
® RESOLUTION NO.35-06
AUTHORIZATION FOR THE CITY OF MORRO BAY TO
ENTER INTO A GRANT AGREEMENT WITH THE
DEPARTMENT OF BOATING AND WATERWAYS FOR $80,000
FOR MORRO BAY STATE PARK REHABILITATION PROJECT PLANNING
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in 2002 the City of Morro Bay (City) and the California Department
of Parks and Recreation (State Parks) entered into an agreement to have the City of
Morro Bay manage planning, design and construction for improvements and
rehabilitation of the State Park Marina; and,
WHEREAS, per the terms of the agreement between the City and State Parks,
revenues from the State Park Marina are paid to the City to complete an EIR for the
rehabilitation project and,
WHEREAS, funding for construction of the actual improvements to the State
Park Marina as yet unsecured, but the project may qualify for the DBW Capital Outlay
Program; and,
WHEREAS, the City and DBW have determined that additional planning work
will need to further identify and analyze dredging disposal analysis and construction
alternatives; and,
® WHEREAS, DBW has agreed to fund a planning grant of $80,000 to complete
the additional planning analysis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the City of Morro Bay is hereby authorized to enter into a Planning Grant
for the State Park Marina Rehabilitation Project in the amount of $80,000.
BE IT FURTHER RESOLVED, that the Harbor Director is hereby authorized
to act as the City's agent in regards to all aspects of the grant agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting held thereof on the 10 day of July, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None �)
JANICE PETERS, MAYOR
BRIDGETT111AUER, CITY CLERK
® RESOLUTION NO.34-06
APPROVAL OF AMENDMENT #3 TO THE LEASE AGREEMENT FOR LEASE
SITE 87-88/87W-88W, LOCATED AT 833 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 87-88/87W-88W, located at 833 Embarcadero;
and,
WHEREAS, Violet Lease is the lessee of said property; and,
WHEREAS, Amendment #2 to the lease agreement for Lease Site 87-88/87W-
88W extended the term of the lease until September 30, 2018 with the completion of
proposed improvements to the site; and,
WHEREAS, the lessee was unable to complete the proposed improvements
within the timefi-ame as set out in Amendment #2; and,
WHEREAS, the City has proposed Amendment #3 to the lease agreement which
voids Amendment #2 and specifically brings the termination date of the lease agreement
back to the original termination date of March 31, 2010.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
® Morro Bay that Amendment #3 to the lease agreement for Lease Site 87-88/87W-88W is
hereby approved and that the Mayor is hereby authorized to execute said lease
amendment.
PASSED AND ADOPTED bx the City Council of the City of Morro Bay at a
regular meeting held thereof on the10 day of July, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None i
NO s : 1. 611
11
JANICE PETERS, MAYOR
AMENDMENT —LEASE S/TE 87-88/871V 88IV
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment.
CITY OF MORRO;BAY TENANT
Ja e'Peters, Ma or Violet Leage, Individual
Robert Hendrix, City Manager
APPROVED AS TO FORM
Robert Schultz, City At y
ATTEST:
2
RESOLUTION 33-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF
THE CITY A MEASURE RELATING TO THE ESTABLISHMENT OF A LOCAL
TRANSACTIONS AND USE TAX (SALES TAX) AT THE GENERAL ELECTION TO BE
HELD ON TUESDAY NOVEMBER 7, 2006 AS CALLED BY RESOLUTION 32-06
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Morro Bay's Headquarters fire station is outdated, over 70-years-old, has been
damaged by an earthquake and needs replacing; and
WHEREAS, we must provide our firefighters with the resources they need, including
renovating and staffing the North Morro Bay fire station and purchasing protective clothing,
breathing apparatuses, and emergency equipment, such as defibrillators to save lives; and
WHEREAS, almost one third of Morro Bay's 50 miles of roads are in disrepair. We need to
repair potholes and reinstitute our street maintenance program; and
WHEREAS, with no budget for infrastructure needs, Morro Bay has dramatically reduced
maintenance of City buildings, parks, recreation facilities, and restrooms, which now get attended to
only infrequently; and
WHEREAS, we need to repair our drainage system to prevent bay contamination that harms
® marine life to comply with new state drainage regulations; and
WHEREAS, we need to replace emergency vehicles and restore police officer patrols to
increase public safety; and
WHEREAS, over the past twelve years, California has taken $7 million from the City of
Morro Bay to address its own state budget crisis, creating a strain on our local budget; and
WHEREAS, the City has had no choice but to use reserve funds set aside for catastrophic
emergencies to cover budget shortfalls created by a drop in tourism after 9/11 and state takeaways
from local cities; and
WHEREAS, without new revenue, the City will be forced to further reduce critical City and
emergency services; and
WHEREAS, on October 6, 1997 Assembly Bill 1472 became law adding Chapter 2.93
commencing with Section 7286.52 to Part 1.7 of Division 2 of the Revenue and Taxation Code; and
WHEREAS, Assembly Bill 1472 authorizes the City of Morro Bay, subject to approval by a
majority vote of the qualified voters of the City voting in an election on the issue, to levy a
transactions and use tax pursuant to the Transactions and Use Tax Law at a rate of 0.25% or 0.5% for
general revenue purposes; and
WHEREAS, Section 2 (b) of Article XIH C of the California Constitution added by
® Proposition 218 effective November 1996 requires that a measure proposing a general tax be
submitted to the voters at an election consolidated with a regularly scheduled general election for
members of the governing body of the local government; and
Resolution No. 33-06
Page Two
po
WHEREAS, the Morro Bay City Council did, by Resolution No. 32-06, call said General
Municipal Election and requested the County Board of Supervisors to approve consolidation of the
election with the Statewide General Election to be held on the same day.
WHEREAS, pursuant to California Constitution Article Xlll C Section 2 (b) and Elections
Code Section 10201 the City has determined to submit a measure to the voters to enact an ordinance
establishing a transactions and use tax at the City s next regular general municipal election; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of Morro Bay,
California on Tuesday, November 7, 2006, a General Municipal Election for the purpose of electing
two Members of the City Council for the full term of four years and a Mayor for the full term of two
yam•
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
The Morro Bay Vital Public Services Restoration and
Protection Measure. To preserve Morro Bay's safety and Yes
character by funding essential services including upgrading
firefighter/paramedic equipment, fire stations, police, street and
pothole repairs, improving storm drains to protect the bay from
pollution, and other general city services, shall an ordinance be
adopted increasing the City sales tax by one-half cent, subject to
independent annual financial audits, and establishing an No
independent citizens' advisory committee to review annual
expenditures?
SECTION 3. The City Clerk is hereby directed to forward a copy of Resolution Nos. 32-06
and 37-06 and to the County Clerk for inclusion in the ballot for the November 7,-2006 General
Municipal Election.
SECTION 4. The measures shall pass only if a majority of the votes cast by voters voting
on the measures are `yes" votes and shall, if passed, take precedence over any other conflicting
measure receiving less votes in this election.
SECTION 5. The City Council hereby directs the City Attorney to prepare an impartial
written analysis of the measures, not to exceed 500 words in length, showing the effect of the
measures on existing law and the operation of the measures. The impartial analysis shall be filed by
the date set by the City Clerk for the filing of primary arguments.
Resolution No. 33-06
® Page Three
SECTION 6. The City Council authorizes its members to file written arguments for or
against the measures described above and which are contained in Exhibit A to this resolution, which
exhibit is incorporated by reference. All written arguments filed by any person in favor or against the
measure(s) 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
the time and date fixed by the City Clerk, after which no change may be submitted to the City Clerk
unless permitted by law.
SECTION 7. The City Clerk shall cause the text of the measures, which is contained in
Exhibit A, 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 General Municipal Election, shall cause the text of the measures 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 properly conduct the election.
SECTION 8. The provisions of Resolution No. 32-06 refer to more particulars concerning
the General Municipal Election to be held on November 7, 2006 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 the 10t° day of July, 2006 by the following vote:
AYES: BAXLEY, DEMERITT, PEIRCE, PETERS
NOES: WIMOLTZ
ABSENT: NONE
ATTEST:
APPROVED AS TO FORM:
n
® EXHIBIT "A"
AN ORDINANCE OF THE CITY OF MORRO BAY
ADDING CHAPTER 3.22 TO TITLE 3 OF THE MORRO BAY
MUNICIPAL CODE ESTABLISHING A TRANSACTIONS
AND USE TAX TO BE ADMINISTERED BY THE
STATE BOARD OF EQUALIZATION
The Citv Council of the Cite of Morro Bay does ordain as follows:
Section 1. Authority.
The City Council enacts this ordinance in accordance with the authority granted to
cities by Article Xt, Section 7, of the California Constitution.
Section 2. Addition of Chapter.
Chapter 3.22 is hereby added to Title 3 of the Morro Bay Municipal Code.
3.22.010 Title.
This Chapter shall be known as the City of Morro Bay Transactions and Use Tax
Ordinance. The City of Morro Bay hereinafter shall be called "City." This ordinance
shall be applicable in the incorporated territory of the City.
3.22.020 Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing
more than 110 days after the later of the adoption of this ordinance and chapter, the date
of such adoption being as set forth below, or the approval of the voters of the City of a
measure approving the imposition of the transaction and use tax set forth herein: provided
that if the City shall not have entered into a contract with the State Board as required
herein prior to such date, the Operative date shall be the first day of the first calendar
quarter following execution of such a contract.
3.22.030 Purpose.
The purpose of this chapter is to achieve the following, among other purposes,
and directs that the provisions hereof be interpreted in order to accomplish those
purposes:
A. To impose a retail transactions and use tax in accordance with the provisions
of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation
Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this
tax ordinance which shall be operative if a majority of the qualified voters of the City
voting on the measure vote to approve the imposition of the tax at an election called for
that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates
40 provisions identical to those of the Sales and Use Tax Law of the State of California
® insofar as those provisions are not inconsistent with the requirements and limitations
contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and
provides a measure therefore that can be administered and collected by the State Board of
Equalization in a manner that adapts itself as fully as practicable to, and requires the least
possible deviation from, the existing statutory and administrative procedures followed by
the State Board of Equalization in administering and collecting the California State Sales
and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered
in a manner that will be, to the greatest degree possible; consistent with the provisions of
Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting
the transactions and use taxes, and at the same time, minimize the burden of record
keeping upon persons subject to taxation under the provisions of this ordinance.
3.22.040 Contract With State.
Prior to the operative date; the City shall contract with the State Board of
Equalization to perform all functions incident to the administration and operation of this
transactions and use tax ordinance: provided, that if the City shall not have contracted
with the State Board of Equalization prior to the operative date. it shall nevertheless so
contract and in such a case the operative date shall be the first day of the first calendar
® quarter following the execution of such a contract.
3.22.050 Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby
imposed upon all retailers in the incorporated territory of the City at the rate of one half
of one percent (0.5%) of the gross receipts of any retailer from the sale of all tangible
personal property sold at retail in the City on and after the operative date of this
ordinance.
3.22.060 Place Of Sale.
For the purposes of this ordinance, all retail sales are consummated at the place
of business of the retailer unless the tangible personal property sold is delivered by the
retailer or his agent to an out-of-state destination or to a common carrier for delivery to
an out-of-state destination. The gross receipts from such sales shall include delivery
charges, when such charges are subject to the state sales and use tax, regardless of the
place to which delivery is made. In the event a retailer has no permanent place of
business in the State or has more than one place of business, the place or places at which
the retail sales are consummated shall be determined under rules and regulations to be
prescribed and adopted by the State Board of Equalization.
3.22.070 Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the
incorporated territory of the City of tangible personal property purchased from any
® retailer on and after the operative date of this ordinance for storage, use or other
consumption in the City at the rate of one-half of one percent (0.5%) of the sales price of
the property. The sales price shall include delivery charges when such charges are subject
to state sales or use tax regardless of the place to which delivery is made.
3.22.080 Adoption Of Provisions Of State Law.
Except as otherwise provided in this ordinance and Chapter and except insofar as
they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and
Taxation Code. all of the provisions of Part 1 (commencing with Section 6001) of
Division 2 of the Revenue and Taxation Code are hereby adopted and made a pan of this
Ordinance and Chapter as though fully set forth herein.
3.22.090 Limitations On Adoption Of State Law And Collection Of Use Taxes.
In Adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation
Code:
A. Wherever the State of California is named or referred to as the taxing agency,
the name of this Cite shall be substituted therefore. However, the substitution shall not
be made when:
1. The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Board of Control. State Board of Equalization, State Treasury, or the
Constitution of the State of California:
2. The result of that substitution would require action to be taken by or against
this City or any agency, officer, or employee thereof rather than by or against the State
Board of Equalization, in performing the functions incident to the administration or
operation of this Ordinance.
I In those sections, including, but not necessarily limited to sections referring to
the exterior boundaries of the State of California. where the result of the substitution
would be to:
a. Provide an exemption from this tar with respect to certain sales, storage, use or
other consumption of tangible personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other consumption remain subject to tax by
the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code.
or:
b. Impose this tax with respect to certain sales. storage, use or other consumption
of tangible personal property which would not be subject to tax by the State under the
said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof). 6711, 671 5, 6737,
6797 or 6828 of the Revenue and Taxation Code.
B. The word "City' shall be substituted for the word "State" in the phrase
"retailer engaged in business in this State" in Section 6203 and in the definition of that
phrase in Section 6203.
3.22.100 Permit Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue
and Taxation Code, an additional transactor's permit shall not be required by this
ordinance.
3.22.110 Exemptions And Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use
tax the amount of any sales tax or use tax imposed by the State of California or by any
city, city and county, or county pursuant to the Bradley -Bums Uniform Local Sales and
Use Tax Law or the amount of any State -administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax
the gross receipts from:
1. Sales of tangible personal property. other than fuel or petroleum products; to
operators of aircraft to be used or consumed principally outside the County in which the
sale is made and directly and exclusively in the use of such aircraft as common carriers of
persons or property under the authority of the laws of this State, the United States, or any
foreign government.
2. Sales of property to be used outside the City which is shipped to a point
outside the City, pursuant to the contract of sale, by delivery to such point by the retailer
or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such
point. For the purposes of this paragraph, delivery to a point outside the City shall be
satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the
Vehicle Code. aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, and undocumented vessels registered under Chapter 2 of Division 3.5
(commencing with Section 9840) of the Vehicle Code by registration to an out -of -City
address and by a declaration under penalty of perjury, signed by the buyer, stating that
such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles; by registration to a place of business out -
of -City and declaration under penalty of perjury; signed by the buyer, that the vehicle will
be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operative date of
® this ordinance.
® 4. A lease of tangible personal property which is a continuing sale of such
property, for any period of time for which the lessor is obligated to lease the property for
an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subsections (3) and (4) of this section. the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the contract or lease has the
unconditional right to terminate the contract or lease upon notice, whether or not such
right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage,
use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions
tax under any state -administered transactions and use tar ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and
used or consumed by such operators directly and exclusively in the use of such aircraft as
common carriers of persons or property for hire or compensation under a certificate of
public convenience and necessity issued pursuant to the laws of this State, the United
States, or any foreign government. This exemption is in addition to the exemptions
® provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of
California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant
to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible
personal property arises under a lease which is a continuing purchase of such property for
any period of time for which the lessee is obligated to lease the property for an amount
fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of subsections (3) and (4) of this section, storage, use. or
other consumption, or possession of, or exercise of any right or power over, tangible
personal property shall be deemed not to be obligated pursuant to a contract or lease for
any period of time for which any party to the contract or lease has the unconditional right
to terminate the contract or lease upon notice. whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the
City shall not be required to collect use tax from the purchaser of tangible personal
property. unless the retailer ships or delivers the property into the City or participates
within the City in making the sale of the property, including. but not limited to. soliciting
or receiving the order. either directly or indirectly, at a place of business of the retailer in
the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in
® the City under the authority of the retailer.
7. "A retailer engaged in business in the City' shall also include any retailer of
any of the following: vehicles subject to registration pursuant to Chapter I (commencing
with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance
with Section 21411 of the Public Utilities Code, or undocumented vessels registered
under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code.
That retailer shall be required to collect use tax from any purchaser who registers or
licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax
any transactions tax or reimbursement for transactions tax paid to a district imposing, or
retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and
Taxation Code with respect to the sale to the person of the properly the storage, use or
other consumption of which is subject to the use tax.
3.22.120 Citizens Oversight Committee.
A. Citizens Oversight Committee Established. There shall be a permanent
citizens' advisory committee called the "Citizens Oversight Committee' (hereinafter
"Committee'), which shall annually review revenues and expenditures from the
collection of the tax.
® B. Committee Membership. The Committee shall have i citizen -members
appointed by the City Council. Appointees shall be residents of the City: however, no
member of the Committee shall be an elected official.
C. Committee Organization Procedures. The committee shall select one of its
members as Chairperson. The Committee shall follow the rules of procedure of the City
unless and until, upon the report and recommendation from the Committee, the City
Council adopts a specific set of procedural rules for the Committee.
D. Regular Meeting: Provision of Support Services and Information. The
Committee shall be subject to the provisions of the Brown Act (California Government
Code sections 54950 et seq.) and shall meet at least once each calendar year. A regular
meeting schedule shall be determined in accordance with the Brown Act and thereafter
meetings shall be noticed by the City Clerk. The City Manager or his/her designee shall
serve as executive staff to the Committee. In addition to receiving materials directly
related to the functioning of the Committee, the Committee members shall also receive
all agenda material and other primary staff reports (other than those which are
confidential) as are provided to the City Council.
E. Citizens Oversight Committee Functions. The Committee shall have the
following function:
Annual Report: The Committee shall review an annual expense report of the City
® relative to activities funded with the additional general purpose local sales tax monies.
® Not later than the last day of the sixth month following the end of the each City fiscal
year, the Committee will present its findings and conclusions to the City Council for its
review.
3.22.130 Amendments.
All amendments subsequent to the effective date of this ordinance to Part 1 of
Division 2 of the Revenue and Taxation Code relating to sales and use tares and which
are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation
Code; and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and
Taxation Code, shall automatically become a part of this ordinance, provided however,
that no such amendment shall operate so as to affect the rate of tax imposed by this
ordinance.
3.22.140 Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in
any suit, action or proceeding in any court against the State or the City, or against any
officer of the State or the City, to prevent or enjoin the collection under this ordinance, or
Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax
required to be collected.
3.22.150 Severability.
If any provision of this ordinance or the application thereof to any person or
® circumstance is held invalid, the remainder of the ordinance and the application of such
provision to other persons or circumstances shall not be affected thereby.
Effective Date.
This ordinance relates to the levying and collecting of the City transactions and
use taxes and shall take effect immediately and shall be published within 15 days after
adoption in a paper of general circulation published and circulated within the City of
Morro Bay.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Morro Bay on the day of 2006 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JANICE PETERS, Mayor
® ATTEST:
BRIDGETT BAUER, City Clerk
APPROVED AS TO FORM:
ROBERT W. SCHULTZ, Esq.
City Attorney
11
11
® RESOLUTION NO.32-06
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEM 3ER 7, 2006 FOR THE PURPOSE OF ELECTING
CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF
SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID
ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION
TO BE HELD IN THE COUNTY ON TUESDAY, NOVEMBER 7, 2006;
AND OTHER ELECTION MATTERS AS REQUIRED BY LAW
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay called a General Municipal
Election to be held on Tuesday, November 7, 2006 for the purpose of the election of two (2)
members of the City Council of said City for the full term of four (4) years, and for the
election of one (1) Mayor of the City Council of said City for the full term of two (2) years;
and
WHEREAS, it is desirable that the General Municipal Election be consolidated
® with the Statewide General 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 General 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, California,
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 General Municipal Election with
the Statewide General Election on Tuesday, November 7, 2006, for the purpose of the
election of one (1) Mayor, and two (2) Members of the City Council.
SECTION 2. That the County Election Department is authorized to canvass the
returns of the General 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 3. 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.
11
® Resolution No. 32-06
Page Two
SECTION 4. 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 5. 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 6. 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 b� the City Council of the City of Morro Bay at a
regular meeting thereof held on the 10 day of July 2006 on the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
0 ABSENT: None
ATTEST:
l
0 RESOLUTION NO. 31-06
RESOLUTION ADOPTING THE
NATIONAL INCIDENT MANAGEMENT SYSTEM
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the President in Homeland Security Directive-5, directed the
Secretary of the Department of Homeland Security to develop and administer a National
Incident Management System, which would provide a consistent nationwide approach for
federal, state, local, and tribal governments to work together more effectively and
efficiently to prevent, prepare for, respond to, and recover from disasters, regardless of
cause, size, or complexity; and
WHEREAS; California pioneered the development of standardized incident
management systems to respond to a variety of catastrophic disasters, including fires,
earthquakes, floods, and landslide; and
WHEREAS, in the early 1970s, the California fire service, in partnership with
the federal government, developed the seminal emergency incident command system that
has become the model for incident management nationwide; and
WHEREAS; in 1993, California was the first state to adopt a statewide
Standardized Emergency Management System for use by every emergency response
organization, and implemented a system to ensure the continual improvement of the
Standardized Emergency Management System; and
WHEREAS, California emergency management professionals have contributed
their expertise to the development of the new National Incident Management System; and
WHEREAS, it is essential for responding to disasters that federal, state, local,
and tribal organizations utilize standardized terminology, standardized organizational
structures, interoperable communications, consolidated action plans, unified command
structures, uniform personnel qualification standards, uniform standards for planning,
training, and exercising, comprehensive resource management, and designated incident
facilities during emergencies or disasters; and
WHEREAS, the California Standardized Emergency Management System
substantially meets the objectives of the National Incident Management System; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission)
recommended adoption of a standardized Incident Command System nationwide; and
u
Resolution No. 31-06
Page Two
WHEREAS, the Governor of the State of California has directed his Office of
Emergency Services and Office of Homeland Security in cooperation with the
Standardized Emergency Management System Advisory Board to develop a program to
integrate the National Incident Management System, to the extent appropriate, into the
state's emergency management system.
NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay will
integrate the National Incident Management System, to the extent appropriate, into the
emergency management system; and
BE IT FURTHER RESOLVED that the City of Morro Bay utilizes the National
Incident Management System which shall be consistent with the integration of the
National Incident Management System and the Standardized Emergency Management
System in California; and
BE IT FURTHER RESOLVED that a copy of this resolution is forwarded to the
Governor's Office of Emergency Services.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 10th of July, 2006.
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
ATTEST:
C1
RESOLUTION NO. 30-06
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 22, 2006 the City Council did.adopt Resolution No. 24-06 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 26, 2006 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
is on
assessment for the North Point Landscaping and Lighting Maintenance Assessment District
on June 26, 2006 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 2006-07 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 2006-07 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 26th day of June, 2006 by the following roll call vote:
AYES:
Baxley, DeMeritt, Peirce, Peters,
NOES:
None
ABSENT:
None
ATTEST:
BREDGE13
BAUER, CITY CLERK
EXHIBIT 'A'
CITY OF MORRO BAY
+� NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ASSESSMENT DIAGRAM
E51-
?_
_4 22 ,
NO AREA
9 crr�r
0
NO? Fri POINT NATURAL ARE-.
LEGEND
LOT NUMBER
i0 = COUNTY ASSESSORS P=. C� PIUAIB-=rt
61„ACT 2110
6 t
5 21
AC=
101
RESOLUTION NO. 29-06
® 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 June 12, 2006 the City Council did adopt Resolution No. 28-06 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 26, 2006 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 26, 2006 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 2006-
07 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 2006-07 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 26th day of June, 2006 by the following roll call vote:
AYES:
NOES:
ABSENT:
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
ATTEST:
BRIDGE AVER, CITY CLERK
TPOB PeTZCEL 1
Most northerly corner o:
Lot 122 of Tract 1996
o o c
1' = 400, .
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C�'FM�T Ak
RESOLUTION NO.28-06
® 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 13, 2005, prepared in
accordance with Article 4 of the Act, commencing with Section 22565; and
WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by
® City Ordinance to install improvements for which an assessment district was required in order to
assure continued and uninterrupted maintenance of the Cloisters Park and Open Space; and
WHEREAS, pursuant to the intent of Article XIII, Section 4, of the California
Constitution, the property owners have elected to form the Cloisters Landscaping and Lighting
Maintenance Assessment District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay
that it is the intent of the Council to order the annual levy and collection of assessments for the
Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown
in Exhibit "A" attached hereto at a public hearing to be held June 26, 2006 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 May 13, 2005,
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
2006-2007.
RESOLUTION 28-06
PAGE 2
® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 12th day of June, 2006 by the following roll call vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
ATTEST:
Bl)-V1
C
RESOLUTION NO. 27-06
APPROVAL OF AMENDMENT #3 TO THE LEASE AGREEMENT
FOR LEASE SITE 105AW-105.2,
LOCATED AT 1001 FRONT STREET
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 105.1 W-105.2W, located at 1001 Front Street; and,
WHEREAS, Michael and Orietta DeGarimore are the lessees of said property; and,
WHEREAS, the Tenants operate the sole fuel dock in Morro Bay; and,
WHEREAS, the City has proposed an amendment to the lease agreement to provide for
continued operation of the fuel dock in a difficult financial environment.
® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that Amendment #3 to the Lease Agreement for Lease Site 105.1.W-105.2 is hereby
approved and that the Mayor is hereby authorized to execute said Amendment.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 12`s day of June 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
AIL
Mr BRIDGETT�pAUER, CITY CLERK
MAY 3 0 2M ! -,
THIRD AMENDMENT TO THE LEASE FOR LEASE SITE 105.1 W Ad&2W
This third amendment to the lease is made and entered into on this _ day cf June 2.0.96 `by- ` ':_____,IT
and between the City of Morro Bay, a municipal corporation of the state of California herein
called CITY, and Michael DeGarimore and Orietta DeGarimore (dba DeGarimore Fuel and Ice)
herein collectively referred to as Tenant.
Whereas on May 21, 1962 the County of San Luis Obispo executed a lease for operation of a
fuel dock on Lease Sites 105.1W and 105.2W, referred to herein as the "Lease".
Whereas the City of Morro Bay subsequently assumed the role of Landlord in the County
Tidelands leases upon incorporation of the City in 1964 and the City approved assignment of
the Lease to Michael and Orietta DeGarimore as Tenants per Resolution No. 52-85 dated May
28, 1985, and;
Whereas, the City supports commercial fishing and the critical support services for Morro Bay
Harbor, and;
Whereas, Tenant operates the last remaining marine fuel dock in Morro Bay Harbor on Lease
Sites 105.1 Wand 105.W, and;
Whereas, Tenant has informed City that in recent years reduction in fishing effort has resulted in
a dramatic drop in revenues to the fuel dock operation resulting in business losses, and;
® Whereas, Tenant's existing lease for Lease Site 105.1 W-105.2W will terminate on May 21, 2012
and the current rent is $9,870_ annually based on 6% of the value of the underlying lease
property, and;
Whereas, Tenant and City desire to restructure the existing lease rent to be $0.02 cents per
gallon of fuel sold so that at current levels of sales the Tenants rent will be reduced and should
fuel sales increase the City will participate in these increased sales with increased rent.
Now therefore City and tenant mutually agree to amend the Lease as follows:
Paragraph 2 shall be deleted in its entirety and replaced as follows.
"Effective July 1, 2006 Tenant agrees to pay to City a minimum annual rent of
$4,000 per year for the remainder of the term of this lease, payable in advance in
equal semiannual installments on July 1 and January 1 of each year. In addition,
Tenant shall pay a rent of $0.02 per gallon of fuel sold (excepting U.S. Army
Corps of Engineers purchases from direct fuel supplies) if that amount as
calculated at the end of each fiscal year shall exceed the minimum rent. Tenant
shall provide City a report of all fuel sales generated from, at, or on the fuel dock
within 30 days of the close of each fiscal year and pay the additional rent as
outlined above, if any is due, at the time of submittal of said report.
For example only: If Tenant sells 250,000 gallons of fuel as described above in
® the period from July 1, 2006 to June 30, 2007, then Tenant will submit a report
stating such with a payment of $1000 (250,000 x $0.02 equals $5,000, less the
$4000 prepaid minimum annual rent) within thirty days of June 30, 2007.
Third Amendment — LS 105. 1 W-105.2W
Page 2
Tenant agrees to maintain full, complete and accurate records of all fuel sales
from the site on a monthly basis for the purposes of the report required above."
Paragraph 5 shall be amended as follows:
"Tenant agrees to operate the marine fuel dock if possible 7 days a week and at
a minimum 8 hours a day, 5 days a week during the term of this lease and will
not discriminate against any party in sale of fuel except for commercially
reasonable reasons such as for unpaid previous bills or fees."
All other terms and conditions of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment.
CITY OF MORRO BAY
Peters,
'Robert Hendrix, City Manager
APPROVED AS TO FORM:
Robert Schultz, City tto ney
ATTEST:
�"U-O-Ae I�a.A�
Bridgett Baopr, City Clerk
Orietta DeGarimore _
u
E
RESOLUTION NO. 26-06
11
r�1
U
u
RESOLUTION AUTHORIZING THE CITY TO OFFER AND PERFORM
ROUTINE CREEK MAINTENANCE SERVICES
FOR A FEE ON BEHALF OF PRIVATE PROPERTY OWNERS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Government Code Sections 65302, 65560, and 65800 authorize local governments to adopt
regulations to promote the public health, safety, and general welfare of its citizenry; and,
WHEREAS, Chapter 14.72 of the City of Morro Bay Municipal Code "Flood Damage Prevention" authorizes the
City to adopt floodplain management regulations to promote public health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in specific areas; and,
WHEREAS, unlike private property owners, the City is able to contract with cheaper labor forces such as
California Men's Colony, California Resource Conservation Crews and Califomia Department of Forestry crews to
perform manual labor -intense vegetation and debris removal in the creeks; and,
WHEREAS, there are significant cost saving and benefits by having the City of Morro Bay apply for a single
Department of Fish and Game permit allowing for creek cleaning and routine maintenance as opposed to numerous
individual property owner's having to acquire separate permits; and,
WHEREAS, there are additional cost savings and benefits by utilizing City staff that are equipped, trained and
certified for sensitive habitat recognition and procedures that meet the Department of Fish and Game permit conditions and
requirements as opposed to burdening each private property owners; and,
WHEREAS, there are also additional cost savings and benefits from the City having and maintaining the needed
equipment such as dump trucks, special chain saws, and chippers to perform routine creek maintenance; and,
WHEREAS, permission for City entry on private property, liability, and each private creek property having
differing site conditions and needs making it difficult to establish a standard fee, warrants establishing individual property
owner creek cleaning request forms, conditions, and cost reimbursement agreements with the City of Morro Bay to
conditionally perform these necessary services.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that City and its
contract forces are to perform routine creek maintenance services as required upon submittal and execution of "Creek
Cleaning Request Form, Conditions, and Cost Reimbursement Agreement'; and,
BE IT FURTHER RESOLVED, that the Finance Department be authorized and directed to modify the City
Master Fee Schedule as required to reflect these fees and services.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 12th day of
June 2006, by the following vote.
AYES: Baxley, DeMeritt, Peirce, Peters, Winhol
NOES: None
ABSENT: None
® RESOLUTION NO.25-06
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING THE OPERATING BUDGETS AND
MAKING APPROPRIATIONS FOR FISCAL YEAR 2006-2007
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 the day-to-day business activities of the City; and
WHEREAS, the Morro Bay City Council finds and determines that the
appropriations are necessary for continued efficiency, economy and effectiveness of City
government operations; and
WHEREAS, Section 37208 of the California Government Code provides that
payments or demands conforming to an approved budget adopted by ordinance or
resolution do not require audit by the City Council prior to payment; and
WHEREAS, the City Council recognizes that Capital Improvement Projects
® authorized and approved in prior fiscal years may not be completed by June 30, 2006;
and
WHEREAS, the continuing efforts of staff to operate the business of the City
within an approved budget, and to create savings wherever feasible are acknowledged by
the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that:
I) The Fiscal Year 2006-2007 Operating Budgets are adopted as presented in the
Proposed Budget and in subsequent amendments (attached) and any further
amendments made at this meeting; and
2) Staff is directed to prepare and publish a final budget document; and
3) The City Manager is authorized to transfer appropriations within the adopted
budget so long as the appropriations changes do not have a significant policy
impact and total authorized appropriations are not exceeded; and
4) City Council approval is required to transfer appropriations between funds,
capital projects, or capital outlay items; and
Resolution No. 25-06
Page Two
5) The City Council authorizes and directs the transfer of balances for capital
projects approved in prior fiscal years but not completed by June 30, 2006 to the
Capital Improvement Project Fund(s) for the 2006-2007 fiscal year; and
6) The City Council directs that the hiring freeze for positions in the City workforce
continue for those positions funded within the General Fund, and the City
Council reserves the right to review any vacancies on a case -by -case basis as to
its official policy.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 12th day of June 2006 on the following vote:
AYES: Baxley, Peirce, Peters
NOES: DeMeritt, Winholtz
ABSENT: None
® ATTEST:
BRIDGE BAUER, City Clerk
11
® City of Morro Bay
Fiscal Year 2006-2007 Budget
Summary of Budgeted Revenue and Expenditures by Fund
Final
FY 2006-2007
Fund Description
Revenues
Expenditures
Balance
001 General Fund
9,855,935
9,855,935
0
Equipment Replacement Fund
269,031
0
269,031
Emergency Reserve Fund
0
0
0
CBDG Loan Repayment Fund
0
0
0
Gas Tax Fund
220,000
220,000
0
Traffic Safety Fund
40,000
40,000
0
Parking In -Lieu Fund
0
80,000
(80,000)
301 Transit Fund
452,657
452,657
0
311 Water Revenue Fund
3.904,500
3,582,482
322,018
321 Wastewater Collection Fund
1,465,950
1,652,492
(186,542)
331 Harbor Fund
1,649,000
1,643,249
5,751
South T-Pier Fund
0
0
0
CC1 Slip Fund
0
0
0
Workers Compensation Insurance Reserve Fun
0
0
0
Unemployment Insurance Reserve Fund
0
0
0
Liability Insurance Reserve Fund
0
0
0
Fire Insurance Reserve Fund
0
0
0
565 North Point Assessment Fund
5,645
5,645
0
® 570 Cloister Assessment Fund
148,944
148,944
0
599 Wastewater Treatment Plant Fund
1,766,056
1,766,056
0
911 Capital Improvement Project Fund
0
0
0
951 Water Capital Accumulation Fund
0
0
0
952 Wastewater Collection Accumulation Fund
0
160,858
(160,858)
953 Harbor Capital Accumulation Fund
(12,000)
(12,000)
0
19, 765, 718
19, 596, 318
169,400
0
11
C
Budgeted Capital Projects
06/07
Project
No. Project
Life to
Date
Revenue 06/07 Adjusted
Balance Appropriation Balance
951-9706
Cathodic Protection
34,600.00
27,867.00A93249.00
951-8239
Kings Tank Design/Construction
684,256.26
27,868.00
951-8407
Water Tank Coating
210,000.00
27,868.00
951-8414
Water Equipment Replacement
198,729.00
27,868.00
951-8431
Kern/Main Pressure Reducing Valve
65.382.00
27,867.00
Total Water Fund Projects 1,192,967.26 1 139,338.00 1 1,332,305.26
953-9504
Misc. Dock Repairs
219,285.65
12,000.00 IIIIIIIII
231,285.65
953-9506
Public Bench/Public Access
62,349.52
6,000.00
68,349.52
953-8413
North T-Pier Maint.
295,000.00
60,000.00
355,000.00
953-New
Boat Repair/Storage Yard
0.90
' 40,000:00
40,000.00
Total Harbor Fund Projects
576,635.17 1 118,000.00 1 694,635.17
6u fgele tca.p&alyrojeclsxJs 616120064.-j5 P tf
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ri
0 RESOLUTION NO.24-06
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 22,
2006, 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 X11I, 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 26,
2006 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 22, 2006 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
2006-2007.
El
RESOLUTION 24-06
PAGE 2
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 22°d day of May, 2006 by the following roll call vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
ATTEST:
BRIDGET AUER, CITY CLERK
E
11
CITY OF MORRO BAY
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
0
Prepared By:
I A
E. Frank Cunningham, City Engii
Public Services Department
City of Morro Bay
May 22, 2006
11
CITY OF MORRO BAY
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
1. Project Description
As a condition of approval for Tract No. 2110. the North Point subdivision, the developers were
required to offer to the City for dedication Lot 11 of the subdivision for park purposes, and to
construct improvements on Lot 11 including a paved parking area, a stairway providing access to the
beach, benches. landscaping and irrigation, lighting, and other improvements. The subdivision was
also conditioned to provide maintenance of the park by establishing an assessment district. Lot 11 of
Tract No. 2110 is identified as the North Point Natural Area.
The owners of the ten residential lots within the North Point subdivision have requested that the City
® form a maintenance assessment district to fund the.maintenance of the North Point Natural Area.
II. Maintenance Tasks
A list of maintenance tasks required to maintain the North Point Natural Area in acceptable condition
for public use was developed by the City Recreation and Parks Department based on maintenance
standards established for existing parks within the City and is included in this report as Attachment
A.
III. Maintenance Costs
The estimated annual cost of maintaining the North Point Natural Area was developed by the
Recreation and Parks Department based on the tasks required and the City's Flat Rate Manual for
Parks Maintenance. The annual cost of maintenance for the 2005/06 fiscal year is estimated to be
$5,645.00. The detailed cost estimate is included in this report as Attachment B.
E
K-1
CITY OF MORRO BAY
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
Table of Contents
Page
1. Project Description 1
2. Maintenance Tasks I
3. Maintenance Costs 1
4. Apportionment of Assessment 2
Assessment Diagram 3
4laintenance Task List Attachment A
Detailed Cost Analysis Attachment B
IV. Apportionment of Assessment
The total assessment for the District is apportioned to each of the 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
Counh, Assessor's
Parcel Number
Annual Assessment
1
065-082-10
$564.50
2
065-082-11
S564.50
3
065-082-12
$56450
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
S 0.00
12
065-082-21
S 0.00
Li
065-082-22
S 0.00
Page 2
w,naomwrnnw.�+am�
® Attachment A
NORTH POINT NATURAL AREA
MAINTENANCE TASKS
Routine Maintenance Tasks
Review for vandalism/repair
Pick-up - paper
trash
cigarette butts
Empty - trash cans
Clean- benches
Check - fencing
beach access stairway
bike rack
lights
planting hillside. erosion
Weekly or as needed
Blow paths, parking lot
Monthlv or as needed
Check trees
Checklrepair sprinkler system
Trim trees and bushes as needed
Critical parts inspections
Annuallv or as needed
Paint beach access stairwavpublic access signage
New plantings (replacement)
General safety inspection
Annual tree pruning
Remove graffiti
Mow open space
Pest/gopher control
Trim and spray paths
Repair public access signage
u/e'/councilnpmain
® Attachment B
NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
FurEVAW111V
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.
ESTINIATED COST OF MAINTENANCE: The following outlines the estimated budget for the
maintenance of the North Point Natural Area for fiscal year 2006/07
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.counci1.nrpten.-06
r]
® RESOLUTION NO.23-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY AMENDING COUNCIL POLICIES AND
PROCEDURES MANUAL REGARDING CANCELLATION OF MEETINGS
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 1.1.2.1 and 1.1.4.1 of the
Council Policies and Procedures Manual to clarify how a regular or special Council
Meeting can be cancelled, as follows:
1.1.2 REGULAR MEETINGS
® 1.1.2.1 Regular meetings shall be held the second and fourth
Monday of each month beginning at 6:00 p.m. In the
event that a regular meeting of the Council shall fall on
a legal holiday, that regular meeting shall be held at the
same place and time on the next succeeding working
day. (MBMC 2.08.010). Except in the case of an
emergency, a regular meeting can only be cancelled by
an affirmative vote of the majority of the Council at a
previously noticed meeting:
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three
members of the City Council. (GC ❑ 54956) Written
notice of each special meeting must be given not less
than twenty-four (24) hours before such meeting to
each Member of the City Council not joining the call.
Special meetings may be cancelled only by consent of a
maiority of the members of the Council not less than 24
hours before the date of the special meeting. Notice of
such cancellation shall be given to all Council Members
and written notice shall be posted for the public not less
® than 24 hours before the meeting.
® NOW, THEREFORE, be it resolved that the City Council of the City of Morro
Bay does hereby amend Sections 1.1.2.1 and 1.1.4.1 of the Council Policies and
Procedures Manual to reflect the above amendments.
11
u
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular
meeting thereof held on the 22th day of May 2006 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
Erg !I. YNIMIMORIMM
.
Resolution 23-06 Page 2 of 2
® RESOLUTION NO.22-06
APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF
LEASE SITE 53-56/53W-56W (LOCATED AT 501 EMBARCADERO)
BETWEEN ESTERO LANDING, INC. AND J. H. BERMAN
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 53-56/53W-56W; and,
WHEREAS, Estero Landing, Inc. is the lessee of said property; and,
WHEREAS, Estero Landing Inc. has requested City Council approval of a sublease
agreement for a portion of Lease Site 53-56/53 W-56W between Estero Landing Inc.; and Jayne
Behman, doing business as J. H. Gallery & Studio; and,
WHEREAS, Estero Landing Inc. has completed the assignment application form, paid
the assignment fee and provided background information on the proposed sublessee. The
Consent to Sublease agreement has been executed and a copy of the sublease agreement has been
provided to the City.
® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono
Bay that sublease of a portion of a sublease agreement for a portion of Lease Site 53-56/53 W-
56W between Estero Landing Inc.; and Jayne Behman, doing business as J. H. Behman is hereby
approved and that the Mayor is hereby authorized to execute the Consent to Sublease document.
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 May 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
® CONSENT TO SUBLEASE AGREEi\IENT
THIS CONSENT TO SUBLEASE AGREEMENT is entered into this day of
. 2006 by and between hereinafter
referred togs TENANT, and -7AyW* iH�-74
dba, ?• 1sCNf"--VA-) Y f5,?,Aidrereinafter referred to as SUBTENANT and
approved by the City of Morro Bay. California, hereinafter referred to as CITY.
RECITALS
WHEREAS, a Master Lease was executed on and:
WHEREAS, TENANT desires to sublease a portion of the premises to SUBTENANT,
and:
WHEREAS, the Master Lease requires CITY consent of any sublease in the following
form of agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay to
City all of the sums required of TENANT and any sums due by reason of SUBTENANT's
isactivities under the terms of the Master Lease dated hereinafter known as
"Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to
promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a
violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT,
have the following options:
(a) CITY may elect to pursue all legal remedies against TENANT alone or against both
TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue
one instead of both of the parties shall not preclude a later action against the other party to
recover any amounts not paid and both TENANT and SUBTENANT agree that they are
to be jointly and severally liable for any breach by the SUBTENANT.
(b) CITY shall have all other legal remedies provided for in the lease and allowed by
law, including the right to bring an action for unlawful detainer against SUBTENANT,
TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of
rent due to CITY.
2. SUBTENANT acknowledges receipt of a complete copy of the Master Lease and all
amendments thereto and specifically agrees to comply with each and all of the terms and
conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and
all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by
SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease
by TENANT. TENANT agrees to -take whatever action is required to secure SUBTENAN'T's
compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as
® Landlord, from any and all claims, loss. cost or expense resulting from SUBTENANT's failure to
comply with the terms of the Master Lease.
Page ! of 3
n
LJ
3. The term of the sublease shall be month to month commencing upon execution of said
lease provided, however, that the term of the sublease shall not in any event exceed the terms of
the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master
Lease for any reason, including, but not limited to, a termination which occurs as a result of court
judgment.
4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based
on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate
records, and books of account in accordance with accepted accounting practices as showing the
total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or
from the subleased premises. SUBTENANT shall keep said records and books of account within
San Luis Obispo County and shall notify CITY in advance of their location at all times. Said
records, books of account and all cash register tapes, including any sales tax reports that
SUBTENANT may be required to furnish any government or governmental agency, including
but not limited to those items listed in Exhibit A attached hereto and incorporated herein, shall at
all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other
authorized representative or agent of TENANT or CITY.
5. The proposed use by.SUBTENANT, is as follows:
Retail Gift Sales. Percentage of Gross Rental Applicable to Permitted Use: 5%. Said designated
use shall not be changed without the prior written consent of CITY. SUBTENANT
acknowledges that the percentage of gross payment required for the proposed use under the terms
of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by
SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph,
whether or not penmitted under the terms of the Master Lease, shall constitute an unauthorized
use subject to those penalties set forth in the Master Lease. The location and size of the proposed
use shall not be altered without the prior written consent of the CITY. Specifically,. and in
addition to any other terns and provisions of the lease, all parties agree that if SUBTENANT
makes a use of the subleased premises which is not included within or permitted under the terms
of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross
revenue from such unpermitted use.
6. SUBTENANT shall not alter or improve the premises or any part thereof without first
obtaining the prior written consent of CITY.
7. Unless SUBTENANT is included as an additional insured under the terms of
TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in
the manner and form required under the Master Lease in an amount of not less than $1,000,000
per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured
without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of
insurance and copies of the actual insurance policies to the CITY as required under the Master
Lease and otherwise comply with the insurance requirements set forth in the Master Lease.
CITY reserves the right to require reasonable increases in the liability insurance coverage from
time to time.
11
Page 2 of 3
0
C
A
11
S. SUBTENANT and TENANT agree to indemnify and save CITY free and. harmless
from and against any and all claims, including reasonable attorneys fees and court costs arising
from SUBTENANT's failure to comply with any of the terns of this Consent and Sublease
Agreement.
9. This Agreement cannot be modified except by a written document mutually approved
by the parties hereto. A waiver of anv of the conditions or terms of this Consent or of the Master
Lease shall not constitute a waiver of any future breach of any terms or conditions of this
Consent or the Master Lease.
10. To the extent that the terms of the proposed Sublease are inconsistent with the terms
of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master
Lease shall supersede and be the controlling document. To the extent that this Consent to
Sublease Agreement is inconsistent with the terms of the Master Lease, the Master Lease shall
supersede and be the controlling document.
IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease
Agreement as of the day and year first above written at Morro Bay, California.
SbTE'ANT:
Page 3 of 3
® Estero Landing Inc. Lease Agreement
This lease is made and entered into the 15' day of June, 2006, by and between Estero
Landing Inc. hereinafter called "Lessor," and Jayne Behman, Behman Gallery hereinafter
called "Lessee." Witnesseth: For and in consideration of the rents, covenants and
agreements hereinafter mentioned, reserved and contained on the part of the Leesee to be
paid, kept and performed, Lessee agrees to lease the property particularly described as
follows: 501 Embareadero, Unit A. Morro Bay, CA 93442. This lease will be month to
month commencing 15' day of June 2006. Lessee agrees to pay Lessor the rent or sum
of Six Hundred Dollars ($600.00) on the 15' of each month to Estero Landing Inc. at 515
Morro Ave. Morro Bay, CA 93442.
Provided always, that if the rent or any part there of, shall be in arrears or unpaid for the
space of 10 days after the sum is due under the terms set forth in the agreement or if
Lessee defaults in any of the covenants here in set forth to be performed, the Lessor may
automatically terminate this lease agreement.
Lessee hereby covenants and agrees to and with Lessor that Lessee shall and will,
during the lease term, pay Lessor the rent or sum on the days and in the manner specified
herein. Lessee agrees that in light of any default or breach of the promises and covenants
® of Lessee under the terms of this lease that this agreement shall, at lessor's option,
automatically terminate and the remaining unpaid balance on the lease term shall be
immediately due and payable by Lessee to Lessor. Lessee agrees not to let or sublet the
whole or any part of the premises, not assign this lease, without the written consent of
Lessor. Lessee agrees that no alteration, additions or improvements shall be made by
Lessee to the premises without the express consent of Lessor. Lessee agrees not to
violate any city ordinance or state law in or about said premises. Lessee agrees that
repair for damages to said premises cause by Lessee, his or her agents, guests or invites,
and the cleaning, and disposal of any excessive rubbish shall be paid by Lessee and that
on the last day of the term or earlier termination. Lessee shall and will peacefully and
quietly leave and surrender to Lessor the entire premises in as good state and condition as
they are now or may be put into, reasonable use and wear thereof and damage of the
elements excepted.
And Lessor covenants and agrees that Lessee, paying the rent or sum and
performing the covenants and agreements of this lease agreement, shall at all times
during lease term peaceable and quietly have, hold and enjoy the premises without any
hindrance of or from Lessor.
It is further agreed that this agreement may only be modified by written
agreement, signed by all parties hereto, that if any legal action or proceeding is brought
by either parry to enforce any part of this agreement, the prevailing party shall recover, in
® addition to all other relief. reasonable attorney's fees and costs; and that all provisions of
FROM :
zaI
FgX 140.
Fnvr HL'
May. 16 2006 01:46PM P2
Rue. 0: 'L- 0J F'c
this twee shalt e,Eumd to and hind the ]reins, exemston, administrazon, succesaars, and
assigns of the respective parties.
Additional provisions end conditions:
1. Month to Mostth Lease due w oonstruetion of new building.
2. 30 Day Written Noticm required to terminate lease by either patty.
3. New construction tentafively scheduled to start first quarter of 2007. It will at
i 2-19 months to complete the Mica Negotiations for leasing of a space in the
new building will begin at the steit of new oonstruction.
4. Restroom use for tewmt only.
S. Subtenants of Muter Lease (Lessee) arc : equired to pay a portion of their grass
r mares to the Chy of Morro Bay per attached Addendum A. The City of Morro
Bay requires 10% ofgross revenues as this tee. raymeut is due 31ily 3 i of each
year. Non-ps,+mcat of this tee will result is tcrmination of lease between L aam
and Lessee. Cmapliance with condition of master lease with the city of morro
bay is tegttired. Noc-oormplianm with the master lease with the city of motto ba
will result in immediate termination of lease between Leasor and Lessee.
6. Tenant may hate eppmv ai»tir; interior of the space. y additional
electrical orpli=4;31 s `e ntc ai LO ep C
7. Deposit ofS000.000 {trUn��.v�. �PSSc�,%l[�
S. Space to be left in the same conditicnas received.
9. Liability Im vraacc in the am aunt of $1,000,000. City of Mono Bay, Estero
Landing, Inc. and Keu G. Scott test be named as s4ditional i:surad on the
policy.
(Tcn mt)
Date
Date
/6 Z 00-6
Dwi
C
11
- A DDFIJ
Section 2.03 Peroenta¢e Rent.
(1) In addition to the Minimum Rent, Lessee agrees to pay to Lessor at the time and in the
manner hereinafter specified, as additional Rent for the use and occupancy of the a sum
Io % of Lessee's Gross Sales t Premises, equal to �
® Nw. AayvEAI of 7Jl%S fEe oILL fees LT InI
terrninatioa of this agreement, less the amount of the "Percentage RentMiniannm Rent paid pursuant to this Lease (the
")
(2) The term "Gross Sales," as used herein, shall mean (subject to the exceptions and authorized
deductions as hereinafter set forth), the total selling price and the total gross amount received by Lessee from all
rentals,`mere>nandise sold, and services rendered in, on, or.from the premises by Lessee, its sub -lessees,
licensees, or cmtcessionaines, both fbr cash and on credit including, but not limited to, rentals of dockage space,
leasing and servicing operations, and ticket sales, and if on credit whether or not payment be actually made
therefore, all charges for services, alterations, or repairs made in or upon the Premises;
the gross amount
received by, Lessee for merchandise sold pursuant to orders received in the Premises, though filled elsewhere; _
and the gross amount received by Lessee from any and all other sources of income derived from the business
conducted upon the Premises.
(3) Notwithstanding _the other pcovnsyons of this sectioq the teen `Gross Sales" shall not include
the following items and such nte��iaa},;be deducted from Gross Sales or for which a Percentage Rent has been
paid under this Lease to Lessor. _
(a) Credits and refimds made to customers for merchandise returned -or exchanged;
(b) Any sales or excise taxes otherwise includable in Gross Sales as defined in this
Section because such taxes am part of the total selling price of merchandise or
services rendered in, from, or on the premises, where Lessee mist account for and
remit the taxes m the government entity or entities by which they are imposed
_Z
r1
U
® RESOLUTION NO.21-06
APPROVAL OF ASSIGNMENT OF ONE-THIRD INTEREST IN THE LEASE
AGREEMENT FOR LEASE SITE 53-56/53W-56W (LOCATED AT 501
EMBARCADERO)
FROM FRANK LOVING TO KEN SCOTT
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 53-56/53W-56W; and,
WHEREAS, Estero Landing, Inc. is the lessee of said property; and,
WHEREAS, Estero Landing, Inc. has requested City Council approval of
assignment of one-third interest in the lease agreement for Lease Site 53-56/53 W-56W
from Frank Loving to Ken Scott; and,
WHEREAS, Estero Landing, Inc. has completed the assignment application
form, paid the assignment fee and the required assignment and -assumption document has
® been approved by the City Attorney for review; and,
WHEREAS, the City cannot unreasonably withhold assignment approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mono Bay that a one-third interest in the lease agreement for Lease Site 53-56/53 W-
56W is hereby assigned from Frank Loving to Ken Scott of Estero Landing, Inc. and that
the Mayor is hereby authorized to execute the assignment and assumption documents.
PASSED AND ADOPTED by the City Council of the City of Mono Bay at a
regular meeting held thereof on the 22nd day of May 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce; Peters, Winholtz
NOES: None
ABSENT: None
BRTDGFT OBAUETZ�`CITY CLERK
City of Morro Bay
rr�
v HARBOR DEPARTMENT 1275 EMBARCADERO, MORRO BAY, CALIF RMf
APPLICATION
APPLICATION FOR AMENDMENT OR ASSIGNN11ENT OF CITY L
OR APPROVAL OF SUBLEASES TO CITY LEASE AGI
To be completed and returned to the Harbor Office for
LEASE SITE #: �-:D\ Eyytp CO,&,\p
&k �-o VrAwc\ - k
Lessee (please print)
ll5�5 Vwo Q
Mailing Address
M1 kO �«M r �r� ya
City, State Zip
C
144�s2 L .:7--2 62�54
0 03 2a Ull
� d C'Le-r, Solta
APPLICATION FEE: ps ,O V
Lam\ t
Business Name
Telephone
REQUEST: Briefly describe the specific nature of the approval requested.
'Y—. VDlt\ , \ 1%\t\\ C1r)I—r\Mr- qi-7 sr
Applicant's Signature
Date
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.
1
CHECKLIST FOR SUBMITTAL REQUIREMENTS
AMENDMENT TO LEASE
$325.00 Application Fee
Proposed Lease Amendment Document
44PeAll of purpose for request of amendment
Review by community Development and Public Works Departments
Other Departmental Review as Follows:
2. ASSIGNMENT OF LEASE
$325.00 Application Fee
Statement of qualifications, experience and proposed operation from potential assignee
Financial report approved by City Finance Director
Lessee currently in compliance with all terms of existing lease agreement
Assignment documents acceptable to the City Attorney's office
3. SUBLEASE APPROVAL
S325.00 Application Fee
$65.00 Application Fee (Administrative Approval if permitted by the terns of the current lease)
Lessee currently in compliance with all terms of existing lease agreement
Statement of qualifications, experience and proposed operation from potential sublessees.
Consent to Sublease Agreement and sublease documents completely filled out and signed
�J
EXHIBIT "B"
ASSIGNMENT AND ASSUMPTION AGREEMENT
This assignment is made and entered into 11 Day of April, 2006, by and between Frank Loving,
former 113 interest owner in Estero Landing hi .' a California corporation (hereafter referred to as
"Assignor") and Ken G. Scott, 1000/6 interest in Estero Landing Inc., a California corporation.
Subject to and expressly contingent upon the approval of the City of Morro Bay and or any other
governmental entities or districts with jurisdiction thereof, and subject to Assignor's continuing
security interests and/or repossession remedies in the event of an uncured default by Assignee,
Assignor hereby assigns all his rights, title and 113 interest in that certain lease agreement from the
City of Morro Bay, for the property generally known as the Tidelands Lease Sites
53,54,55,56,53W,54W,55W, and 56W (hereafter the "Premises") commencing Apr11, 006,
and continuing to February 28,2021 unless earlier terminated by its terms or operauon law
(hereafter the "Master Lease") Upon completion of assignment, Estero Landing Inc., a California
Corporation will be held by 100% interest Ken G. Scott.
2. Assignee acknowledges 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 of the City of Morro Bay City Council, and is also subject to prior
execution between Assignor and Assignee of a 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. Assignee further agrees, as 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 attorneys' fees and court costs arising
from, or in any way related to, holding, using or operating leased premised and further agrees to
maintain liability insurance in the manner, form and amount required by the Master Lease with the
City included as an additional insured without offset against the City's insurance.
4. Assignee further agrees to provide to the City of Morro Bay, all documentation required under the
Master Lease, with regard to Assignee's operations, to enable the City to determine its portion of
the gross sales.
5. Assignor confirms to the City that it has no actual knowledge or reasonable cause to believe that
any release of hazardous substance has come to be located on or beneath the real property during
dhe term of Assignor's occupation of the lease that would have been reportable pursuant to Health
& Safety Code section 25359.7.
SO AGREED:
ASSIGNOR
Dated:
Frank Loving
Former 113 interest owner in Estero Landing
Inc, a California corporation
/
Dated: %i C6/1 / �
ESTERO LANDING, INC.,
a Californ a cor, i ��ii6T _
By� __� -72
Ken G. Scott
100% interest owner
The City of Morro Bay, Lessor named in the Master Lease, consents to the above -described Assignment
upon the conditions set forth above. The City also consents to the agreement by Assignee to assume as of
April 11, 2006, the payment of rent and performance of all duties and obligations, including all
percentages of gross sales, as set forth in the Master Lease, which has been approved by the Morro Bay
City Council prior to this Agreement.
Dated 25 200Ip CITY O
E
® RECORDING REQUESTED BY: and
WHEN RECORDED MAIL TO:
Nick Muick
City of Morro Bay Public Services
955 Shasta Avenue
Morro Bay, CA 93442
RESOLUTION NO.20-06
A RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR
PEDESTRIAN AND BIKE PATH PURPOSES ACROSS 1255, 1265, 1275, 1285, 1289 AND
1291 MAIN STREET, being lots 49, 46, 45, 43, 42, and 41 respectively, Block 31, Atascadero
Beach Subdivision, City of Morro Bay
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on September 13, 2004 the City Council approved the Conditional Use Permit for
ten new single-family homes on ten existing lots along the 1200 block (west side) of Main Street
® at the intersection of Quintana Road; and
WHEREAS, said Use Permit required a public recreation trail easement for pedestrian and bike
path purposes; and
WHEREAS, the Owner, General Financial Services, Inc., S&K Development Co. Inc., and
M&R Investment Co., Inc., has made the said easement offer attached herewith; and
WHEREAS, it is in the public interest to accept the offer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that
the attached offer of dedication is hereby accepted on behalf of the public.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 8 day of May, 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
La&�&'�
BRIDGE1 BAUER, City Clerk
® Recording requested by
and When recorded mail to:
City of Morro Bay
Public Works Dept.
955 Shasta Ave.
Morro Bay, CA 93442
Irrevocable S Perpetual
Offer To Dedicate
This offer to dedicate, made the 0( day of <Ef , 200 5 by
General Financial Services, Inc., a Kansas Corporation, S R K Development Co. Inc.,
and M R R Investment Company, Inc., hereinafter termed Offerors:
WHEREAS. said Offerors desire to make an offer to dedicate, irrevocably, to the public,
a public recreation trail easement. which offer may be accepted at any time by the City of
Morro Bay.
NOW, THEREFORE, said Offerors covenants and promises as follows:
® 1. That said Offerors are the owners of the following interests (hereinafter termed
"Offerors' properties") described below:
PARCELI:
THAT PORTION OF LOT 43 IN BOOK 31 OF ATASCADERO BEACH. IN THE
CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, ACCORDING TO MAP RECORDED SEPTEMBER 7.1922 IN
BOOK 3, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT: THENCE
SOUTH 33059' EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT, 47.72
FEET TO THE MOST EASTERLY CORNER OF SAID LOT: THENCE SOUTH
64001' NEST ALONG THE SOUTHEASTERLY LINE OF THAT PROPERTY
CONVEYED TO ALBERT E. GAUTHIER, ET UX, BY DEED DATED APRIL 6, 1950
AND RECORDED APRIL 17, 1950 IN BOOK 560, PAGE 540 OF OFFICIAL
-
RECORDS; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE
OF SAID CONVEYED PROPERTY TO THE NORTHWESTERLY LINE OF SAID
LOT: THENCE NORTH 62*01' EAST ALONG SAID NORTHWESTERLY LINE.
92.63 FEET TO THE POINT OF BEGINNING.
® EXCEPTING THEREFROM ALL STREETS, ROADS, ALLEYS AND HIGHWAYS
SHOWN ON SAID MAP.
PARCEL 2:
LOTS 41, 42, 45, 46, AND 49, IN BLOCK 31 OF ATASCADERO BEACH, IN THE
CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, ACCORDING TO MAP RECORDED SEPTEMBER 7, 1922 1N BOOK
3, PAGE 14 OF MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
EXCEPTING THEREFROM ALL STREET, ROADS, ALLEYS AND HIGHWAYS
SHOWN' ON SAID MAP.
ALSO EXCEPTING THEREFROM FROM LOTS 41 AND 42 IN SAID BLOCK 31,
THOSE PORTIONS DESCRIBED IN THE DEEDS TO PI-IILIP HERGENREDER
AND ANNA HERGENREDER, HUSBAND AND WIFE AS JOINT TENANTS,
RECORDED MAY 17, 1950 IN BOOK 565, PAGE 38 OF OFFICIAL RECORDS AND
TO PHILIP HERGENREDER AND ANN'IE HERGENREDER. HUSBAND AND
WIFE, AS JOINT TENANTS, RECORDED MAY 2, 1952 IN BOOK 556, PAGE 271
OF OFFICIAL RECORDS.
2. That said Offerors do hereby irrevocably and in perpetuity offer to the City of
Morro Bay a dedication of public recreation trail easement upon the following
described properties:
SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT "A") AND GRAPI-IIC
REPRESENTATION (EXHIBIT "B")
3. That said Offerors agree that said offer of dedication shall be irrevocable and that
the City of Morro Bay, at any time may accept said offer of dedication of the
public recreation trail easement.
4. That said Offerors agree that this irrevocable and perpetual Offer to Dedicate is
and shall be binding on their heirs, legatees and assigns.
5. That said Offerors agree that any trust deeds shall be subordinate to this Offer to
Dedicate.
IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offerors
® on the day and year first above written.
General Financial Services, Inc., A Kansas Corporation
OfferoY'"
By: Steve- [ - AA f [
(print name & title)
f4ror'
Attest:
(print name & title)
S & K Development Co. Inc.
(---�,�,, l�
Offero
® By: h-
Warne & title)
0
Offeror
Attest:
(print name & title)
NI & R Investment Company, Inc.
C
Offeror
By:
(print name & title)
Offeror
Attest:
(print name & title)
ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of L.�It s
On ")It before me, A t_3-r P 1,-\-A
(DATH) (NOTARY)
personally appeared t' t t ` C r2-
SIGNER(S)
❑ personally known to me - OR -
Comm. # 1471
NOIABYPUBOLCAtIPOR270Na �)
Vealumfoamy
My Comm. Expires FEB.21,2008
proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
sure subscribed to the within instrument and
acknowledged to me that hLSshe/they executed
the same inCl /her/their authorized
capacity(ies), and that by lQ�her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf' of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
ROL\R1"S sIGNAI'Illil?
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent atlachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
INDIVIDUAL
❑ CORPORATE OFFICER
❑
PARTNER(S)
❑
AT'I'ORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑ O'rFIFR:
SIGNER IS REPRESENTING:
NAMI'.Or PERSONS) OR ENTITY (IRS)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
O C'� e V--- C-n u C_ o a LbT C:-
NUMBER OF
CMG - (J I _ 6T
DATE OF DOCUMENT
RIGHT THUMBPRINT
OF E
SIGNER
'o
n
r°-
11
E
APA 5/99 VALLEY -SIERRA. 800-362-3369
7/20/05R\\i
EXHIBIT "A"
® LEGAL DESCRIPTION
for
11
Public Recreation Trail Easement
The northeasterly 12.00 feet of Lots 41. 42: 43: 45: 46 and 49 of Block 31 per Amended \gap of
Atascadero State Beach per map recorded September 7, 1922 in Book 3, Pave 14 of Maps in the
Office of the County Recorder. County of San Luis Obispo. State of California.
Containing: 3.409 s.f. more or less
Legal Description prepared by or under the
Supervision of.
DIP. 9/30/06
NO. 4w
Or W \�—
David A. Laverty
L.S. 45S7 Lic Exp.. 9 30/06
CADecuments and Settings\jjohnson.THAIN01-ocal Settings\Ternporan Internet Files\01-MOPublic Rec Trail.doc
HXHIHIT 'B "
,/O
FOR. / 1
JOO R, %1
FOR. ,/
FOR,
/OR, ,13
SCALE: I" = 40
'44h
toad/hdmes oc �s
PUBLIC RECREA TION
TRAIL EASEMENT
J
r� J 12.0
'J
® RESOLUTION NO.19-06
RESOLUTION ENDORSING THE U.S. MAYORS
CLIMATE PROTECTION AGREEMENT
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the U.S. Conference of Mayors has previously adopted strong
policy resolutions calling for cities, communities and the federal government to take
actions to reduce global wamung pollution; and
WHEREAS, the Inter -Governmental Panel on Climate Change (IPCC), the
international community's most respected assemblage of scientists, has found that
climate disruption is a reality and that human activities are largely responsible for
increasing concentrations of global warming pollution; and
WHEREAS, recent, well -documented impacts of climate disruption include
average global sea level increases of four to eight inches during the 20th century; a 40
percent decline in Arctic sea -ice thickness; and nine of the ten hottest years on record
occurring in the past decade; and
WHEREAS, climate disruption of the magnitude now predicted by the scientific
® community will cause extremely costly disruption of human and natural systems
throughout the world including: increased risk of floods or droughts; sea -level rises that
interact with coastal storms to erode beaches, inundate land, and damage structures; more
frequent and extreme heat waves; more frequent and greater concentrations of smog; and
WHEREAS, on February 16, 2005, the Kyoto Protocol, an international
agreement to address climate disruption, went into effect in the 141 countries that have
ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas
emissions on average 5.2 percent below 1990 levels by 2012; and
WHEREAS, the United States of America, with less than five percent of the
world's population, is responsible for producing approximately 25 percent of the world's
global warming pollutants; and
WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would
have been 7 percent below 1990 levels by 2012; and
WHEREAS, many leading US companies that have adopted greenhouse gas
reduction programs to demonstrate corporate social responsibility have also publicly
expressed preference for the US to adopt precise and mandatory emissions targets and
timetables asa means by which to remain competitive in the international marketplace, to
mitigate financial risk and to promote sound investment decisions; and
® Resolution No. 19-06
Page Two
WHEREAS, state and local governments throughout the United States are
adopting emission reduction targets and programs and that this leadership is bipartisan,
coming from Republican and Democratic governors and mayors alike; and
WHEREAS, many cities throughout the nation, both large and small, are
reducing global warming pollutants through programs that provide economic and quality
of life benefits such as reduced energy bills, green space preservation, air quality
improvements, reduced traffic congestion, improved transportation choices, and
economic development and job creation through energy conservation and new energy
technologies; and
WHEREAS, Mayors from around the nation have signed the U.S. Mayors
rd
Climate Protection Agreement which, as amended at the 73 Annual U.S. Conference of
Mayors meeting, reads:
The U.S. Mayors Climate Protection Agreement
® A. We urge the federal government and state governments to enact policies and
programs to meet or beat the target of reducing global warming pollution levels to
7 percent below 1990 levels by 2012, including efforts to: reduce the United
States' dependence on fossil fuels and accelerate the development of clean,
economical energy resources and fuel -efficient technologies such as conservation,
methane recovery for energy generation, waste to energy, wind and solar energy,
fuel cells, efficient motor vehicles, and biofuels;
B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation
that includes 1) clear timetables and emissions limits and 2) a flexible, market -
based system of tradable allowances among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol targets for reducing global
warming pollution by taking actions in our own operations and communities such
as:
Inventory global warming emissions in City operations and in the
community, set reduction targets and create an action plan.
2. Adopt and enforce land -use policies that reduce sprawl, preserve open
space, and create compact, walkable urban communities;
n
® Resolution No. 19-06
Page Three
3. Promote transportation options such as bicycle trails, commute trip
reduction programs, incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy by, for example, investing in
"green tags", advocating for the development of renewable energy
resources, recovering landfill methane for energy production, and
supporting the use of waste to energy technology;
5. Make energy efficiency a priority through building code improvements,
retrofitting city facilities with energy efficient lighting and urging
employees to conserve energy and save money;
6. Purchase only Energy Star equipment and appliances for City use;
7. Practice and promote sustainable building practices using the U.S. Green
Building Council's LEED program or a similar system;
® 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the
number of vehicles; launch an employee education program including
anti -idling messages; convert diesel vehicles to bio-diesel;
9. Evaluate opportunities to increase pump efficiency in water and
wastewater systems; recover wastewater treatment methane for energy
production;
10. Increase recycling rates in City operations and in the community;
11. Maintain healthy urban forests; promote tree planting to increase shading
and to absorb CO2;
12. Help educate the public, schools, other jurisdictions, professional
associations, business and industry about reducing global warming
pollution.
NOW, THEREFORE, BE IT RESOLVED that the U.S. Conference of Mayors
ro
endorses the U.S. Mayors Climate Protection Agreement as amended by the 73 annual
U.S. Conference of Mayors meeting and urges mayors from around the nation to join this
effort; and
11
® Resolution No. 19-06
Page Four
El
BE IT FURTHER RESOLVED, that the U.S. Conference of Mayors will work
in conjunction with the International Council for Local Environmental Initiatives
(ICLEI), Local Governments for Sustainability and other appropriate organizations to
track progress and implementation of the U.S. Mayors Climate Protection Agreement as
rd
amended by the 73 annual U.S. Conference of Mayors meeting.
PASSED AND ADOPTED bey the City Council of the City of Morro Bay at a
regular meeting thereof held on the 24 of April 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSTAIN: None
ATTEST:
FitVAUER, CITY CLERK
RESOLUTION NO. 18-06
® RESOLUTION AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENTS WITH
THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO
RECEIVE FEDERAL AND GRANT FUNDS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, before Federal Aid will be made available for a specific program
project, the Administering Agency (City of Morro Bay) and the State of California
Department of Transportation are required to enter into an agreement relative to
prosecution of the project and maintenance of the completed facility; and
WHEREAS, the Department of Transportation required the execution of the
Master Agreement No. 05-5391, entitled "Administering Agency -State Agreement for
Federal Aid"; and
WHEREAS, for each approved project the Administering Agency must execute all
Program Supplements to the Master Agreement; and
WHERAS, the Department of Transportation required the Master Agreement and
all Program Supplements to be executed by the City Council or other city officials as
® authorized by the program.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Morro Bay
hereby authorizes the City Manager to execute all Program Supplements to the executed
Master Agreement No. 05-5391, entitled "Administering Agency -State Agreements for
Federal Aid" therto.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting on the loth day of April 2006, by the following vote.
AYES:
NOES:
ABSENT:
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
Elm W�_P. - .
l
LJ
0
RESOLUTION NO. 17-06
SUPPORT OF H.R. 4782, TO PERMANENTLY PROHIBIT OIL AND GAS LEASING
OFF THE COAST OF THE STATE OF CALIFORNIA
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Congresswoman Lois Capps has introduced a bill in the House of
Representatives, H.R. 4782, which proposes an amendment to Section 8 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337); and,
WHEREAS, this amendment would add language to the Act that would protect the
California Coast from the potential negative effects of offshore oil exploration, development and
production; and,
WHEREAS, the 2005 Energy Bill signed by President Bush includes provisions to
conduct an inventory of oil and gas resources in the Outer Continental Shelf (OCS). This
inventory uses seismic technology, which could have devastating impacts to marine life;
WHEREAS, the people of San Luis Obispo County have previously stated their
concerns about offshore oil development through the adoption of Measure A, approved by voters
in 1986. Measure A requires voter approval of any offshore oil facility used to support offshore
oil development; and
WHEREAS, in 1995 the California State Legislature approved a moratorium on all new
oil lease sales within State waters; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the City of Morro Bay, by the adoption of this Resolution, hereby fully supports and
endorses H.R. 4782 to permanently prohibit oil and gas leasing off the Coast of California; and
BE IT FURTHER RESOLVED, that the City of Morro Bay hereby requests that the
House of Representatives support H.R. 4782 and expedite the adoption and approval of this
legislation.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 10`b day of April 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters,
NOES: None
ABSENT: None
BRIDGEr"ALFER, CITY CLERK
Winholtz
® RESOLUTION NO. 1646
APPROVAL OF A SHORT-TERM LEASE AGREEMENT FOR LEASE SITE 133W,
LOCATED AT 1251 EMBARCADERO, WITH
MARK AND BONNIE TOGNAZZINI dba TOGNAZZINI'S DOCKSIDE TOO
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of Lease Site 133 W, located at 1251
Embarcadero; and,
WHEREAS; said Lease Site has been vacant for almost a year and the City put out a
Request for Proposals to Lease the site in March; and,
WHEREAS, Mark and Bonnie Tognazzini were the only respondents to the Request for
Proposal; and,
WHEREAS, Mark and Bonnie Tognazzini meet the qualifications necessary and have
the experience to operate a fish market/take out food service on the Lease Site.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that a short-term lease agreement (May 15, 2006 — December 31, 2008) for Lease Site
133 W, located at 1251 Embarcadero, between the City of Morro Bay and Mark and Bonnie
Tognazzini, dba Tognazzini's Dockside Too, is hereby approved.
® BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
lease agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 10'h day of April 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
BRIDGE AUER, CITY CLERK
F�
® RESOLUTION NO.1646
APPROVAL OF A SHORT-TERM LEASE AGREEMENT FOR LEASE SITE 133W,
LOCATED AT 1251 EMBARCADERO, WITH
MARK AND BONNIE TOGNAZZINI dba TOGNAZZINI'S DOCKSIDE TOO
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of Lease Site 133W, located at 1251
Embarcadero; and,
WHEREAS; said Lease Site has been vacant for almost a year and the City put out a
Request for Proposals to Lease the site in March; and,
WHEREAS, Mark and Bonnie Tognazzini were the only respondents to the Request for
Proposal; and,
WHEREAS, Mark and Bonnie Tognazzini meet the qualifications necessary and have
the experience to operate a fish market/take out food service on the Lease Site.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that a short-term lease agreement (May 15, 2006 — December 31, 2008) for Lease Site
133 W, located at 1251 Embarcadero, between the City of Morro Bay and Mark and Bonnie
Tognazzini, dba Tognazzini's Dockside Too, is hereby approved.
® BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
lease agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 10`h day of April 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
BRIDGE AUER, CITY CLERK
u
LEASE AGREENIENT
This Lease Agreement ("Lease") is made as of this _ day of .2006 by and
between the CITY OF MORRO BAY ("City") and itilark and Bonnie Tognazzini
dba Tog-nazzini's Dockside Too ("Tenant").
WHEREAS, on March 8, 2004 the City agreed to terminate the previous lease for Lease Sites
129W —133W and to purchase the equipment listed in "Exhibit B" hereof; and,
WHEREAS, the Morro Bay Commercial Fisherman's Organization will be operating an ice
making machine on Lease Site 129W that is currently being installed by City, and under a
separate agreement will be operating the unloading facility on Lease Sites 130-132W and,
WHEREAS, Tenant has proposed an operations plan for the Fish Market on Lease Site 133W,
including use of the equipment purchased by the City;
NOW THEREFORE, the City agrees to lease to the Tenant the property described as Lease Site
133W under the following terms and conditions:
1. LEASED AREA, CONDITION OF SITE
The Leased area, hereinafter called "Site", shall be that portion of Lease Site 133W shown on the
attached Site blap labeled "Exhibit A" and incorporated herein by reference. The Site is leased
® to Tenant in an "as is" condition and Tenant agrees that it has investigated the condition of the
Site and determined that the Site is suitable to the operations of Tenant. Tenant shall also lease
from the City the equipment listed in Exhibit B hereof. Said equipment shall at all times remain
the property of City.. Tenant shall have exclusive use of the live tanks on the site, berthing at the
dock west of the fish market and non-exclusive use of the picnic area on Lease Site 132W-
133W.
2. RENT
A. Tenant shall pay City in lawful money of the United States of America, a monthly
minimum rent of Fifteen Hundred Dollars (S1500.00). Rent shall be due for the month in
advance and shall be considered late and subject to a 10% penalty if not paid in full by the 5,h
day of each month for that month in advance. Percentage of gross sales rental will be considered
should this lease be carried over after the initial term. The first month's rent shall be pro -rated at
5750.00 and is due and payable May 15, 2006.
3. NIAINTENANCE, REPAIR AND INIANAGEMENT OF THE SITE
Tenant agrees to repair and maintain the Site in good, usable and safe condition at all times.
Tenant maintenance responsibilities shall include all building improvements, refrigerator
containers constructed or placed on the Site and the equipment listed on Exhibit B to a standard
at least as good as that on the commencement date of this Lease.
Tenant will remove and dispose of storage container adjacent to the North T-Pier restroom and
® the refrigeration containers on Lease Site 133W at no cost to the City.
Tenant acknowledges that safety and maintenance of the Site are a critical concern to City and
property owner and agrees to cooperate with City and property owner in conducting inspections
of the Site at any reasonable time set by City or property owner and to promptly and fully
comply with City's or property owner's requests for any repair or maintenance which may result
from said inspections.
The Tenant shall designate one or two persons to coordinate the on -site management,
maintenance, and operation responsibilities under this Lease. The Tenant shall submit the
designated person's or persons' name(s) and qualifications to the City. The Tenant shall notify
the City of any change in the person or persons designated under this provision.
The Tenant's designee shall actively operate and manage the Site by performing any duties
which are required to operate, maintain and manage the Site in good order and condition and to
avoid unfavorable impact upon the environment, ecology and aesthetics of the surrounding
neighborhood, including, but not limited to, the following:
a. Ensure that storage or use of potentially hazardous substances on the Site, including, but
not limited to, paints, paint thinners, gasoline, solvents, resins, epoxies, tars, and
petroleum. distillates is prohibited. 1.
b. Prohibit any alteration to or construction on the Site without express prior written
approval of the City Harbor Director.
4. TERM
The term of this Lease ("Lease Term") shall commence on May 15, 2006 and terminate on
December 31, 2008 ("Termination Date"). Tenant may holdover on a month -to -month basis
with prior written agreement to do so from City.
This lease agreement and the lease agreement for the Tenant's restaurant business on Lease Site
134-136 will both expire on December 31, 2008. The City desires to redevelop the building
currently housing the Tenant's Restaurant, Tognazzim's Dockside, within the next five years to
provide additional commercial fishing support facilities. The City anticipates that planning and
reconstruction of the buildings cannot be completed by December 2008 and the City anticipates
carryover of the existing lease for Lease Site 134-136 and this new lease for the fish market on
Lease Site 133 W, pending said redevelopment plans.
Tenant shall have a right of first refusal to carryover this lease agreement at the sole discretion of
the City should Tenant's be in full compliance with the terms of this lease agreement at the time
of termination. Said right of first refusal will expire December 31, 2008 should City and Tenant
not be able to agree on terms and conditions for the carryover by that date. '
5. HOURS OF USE, ACCOUNTING, AND REPORTING REQUIREMENTS
a. Use
Tenant shall operate the site a minimum of 6 days a week and 312 days a year under
commercially reasonable standards.
Page 2 of 9
® b. Accounting and Reporting Standards
Tenant shall maintain complete and accurate records and books of account in accordance
with accepted accounting practices showing the total amount of revenues and expenses
made each calendar month in, on or from the premises. Said books and records, at a
minimum, shall be broken down by activity. Tenant will keep all books and records for
the Site within 30 miles of the City of i lorro Bay and make said books and records
available to City upon reasonable written request. Tenant will provide the City, no later
than January 30 of each year, for the previous 12-month period, a full and itemized
accounting of Tenant's operations from the leased premises. Tenant and City shall
review the results of Tenant's operation after the first year of this Lease and should the
parties wish to enter into a new agreement City may request that a purchase and payment
plan be worked out with Tenant to turn the equipment listed in Exhibit B hereof over to
Tenant's sole ownership and control.
6. RESTRICTIONS AND PERMITTED USES
Tenant agrees that Tenant shall use the Site only for operation of a fish market including food
service without table service in conformance with City CUP 08-01, buying fish, fish processing,
transporting of fish and seafood products, take out food.
City hopes to reestablish a direct -to -consumer market on the North T-Pier and Tenants agree to
provide fish cleaning and filet services to the public for a reasonable cost for up to two days a
week in support of consumers who buy fish in the round from commercial fishing vessels at the
® Pier.
Anv other use without prior written approval shall be a violation of this lease. Furthermore
Tenant agrees that it shall not::
a. Permit any use of the Site or any part thereof in a manner likely to cause injury, damage
or an unsafe condition for the general public or the guests, employees, agents, renters and
contractors of Tenant or City.
Permit undue accumulations of garbage, trash, rubbish or any other refuse by the guests,
employees, agents, renters and contractors of Tenant or cause or allow any circumstances
or acts on the Site by the guests, employees, agents, renters and contractors of Tenant
which will result in pollution of any kind.
C. Permit any use of the Site by the guests, employees, agents, renters and contractors of the
Tenant which will cause a cancellation of any insurance policy covering the Harbor area,
or any part thereof, or any building or improvements thereon, any activity by the guests,
employees, agents, renters and contractors of Tenant which may be prohibited by any
insurance policies covering the Harbor area, said buildings or improvements.
d. Waste water or discharge wash water into a storm drain or the bay.
e. Erect, place, operate or maintain any improvement within the Site, nor allow to be
® conducted any business from the Site in violation of the terms of this Lease, or in
Page 3 of 9
violation of any regulation, order of law, statute, bylaw or ordinance of a governmental
agency having jurisdiction over the Site.
Store hazardous materials and/or petroleum products unless such storage meets the
requirements of the State of California and the County of San Luis Obispo. Tenant shall
take all precautions to protect the City's property from pollution of any kind and shall not
allow petroleum products, industrial materials or pollution of any kind to leak onto City's
property or adjacent property or ground water.
g. Permit welding, heavy industrial or mechanical repairs on the Site.
7. SIGNS
All signs shall be in accordance with the "Sign Ordinance of the City of Morro Bay". "Sign"
shall have the meaning set for in said Sign Ordinance.
8. GOVERNMENTAL REQUIREMENTS
Tenant shall at all times comply with and shall pay all costs and expenses which may be incurred
or required to be paid in order to comply with any and all laws, statutes and ordinances which
govern, apply to or arc promulgated with respect to the operation and use of the Site by Tenant in
connection with its business. So long as Tenant continues to operate and use the Site, Tenant
shall comply with each and every requirement of all policies of public liability insurance with
Tenant is required to have in force with respect to the Site. The judgment of any court of
competentjurisdiction or the admission of Tenant in any action or proceeding against it, whether
City be a party thereto or not; that Tenant has violated any such ordinance or statute in the use of
the Site shall be conclusive of that fact as between City and Tenant.
9. TAXES
Tenant acknowledges and agrees that this Lease Agreement may create a possessory interest
subject to property taxation. Tenant agrees to pay and discharge, as additional rent for the Site
during the tenn of this Lease, before delinquency, all taxes (including, without limitation,
possessory interest taxes associated with Tenant's interest in the Site and the execution of this
Lease), assessments, fees, levies, licenses and pennit fees and other governmental charges of any
kind or nature whatsoever upon the assessed value of its interest in the Site.
In the event the Site, or any possessory interest therein, should at any time be subject to ad
valorem taxes or privilege taxes levied, assessed or imposed on such property, Tenant shall only
pay taxes upon the assessed value of its interest.
10. ADDITIONAL ALTERATIONS AND REPAIRS
Prior to making any alterations to the Site, Tenant shall obtain the written approval of the City's
Harbor Director. In addition Tenant will obtain any and all required permits, approvals or
authorizations required by all governmental agencies for the proposed alterations or repairs.
11. OWNERSHIP OF IMPROVEMENTS AND SURRENDER OF THE SITE
All improvements to real property constructed on the Site by Tenant after initial project
construction as permitted or required by this Lease shall, during this Lease Term, be and remain
Page 4 of 9
n
f
® the property of Tenant, provided, however, that Tenant shall have no right to waste, destroy,
demolish or remove the improvements, and provided, further, that Tenant's rights and powers
with respect to the improvements are subject to the terms and limitations of this Lease. Upon
termination all improvements, alterations or repairs to the Site shall, at the sole discretion of the
City either become the property of City or be removed at Tenant's expense.
At the expiration or within 90 days of termination of this agreement for any reason, Tenant will
surrender the Site in good order and condition with all building improvements, refrigerator and
storage units vacant and clean. Tenant will fully repair any damage occasioned by removal of
trade fixtures,. equipment, furniture, alterations or stored items. All trade fixtures, equipment,
furniture, alterations or stored items not removed at the expiration date or within 90 days of the
termination date will conclusively be deemed to have been abandoned by Tenant and may be
appropriated, sold, stored, destroyed or otherwise disposed of by City without notice to Tenant or
any other person and without obligation to account for them. Tenant waives all claims against
City for damage to Tenant or it's occupants resulting from City retention, storage or disposal of
items not removed. Tenant will reimburse City for all costs and expenses incurred in connection
with City disposition of such property, including without limitation the cost of storage or
disposal and the cost of repairing any damage to the buildings or the site caused by removal of
such property.
12. ASSIGNNIENT AND SUBTENANCY
- This Lease is personal in nature and may not be assigned or transferred by Tenant for any
® reasons. City may terminate this agreement should Tenant disincorporate or cease operations as
an organization or assign its interest to another party. Tenant shall not enter into any agreement
with any other party to manage or operate the Site without prior approval by the City.
13. INSURANCE
Tenant shall indemnify and hold City and the property of City, including said Site and any
buildings or improvements now or hereafter on said Site, free and harmless from any and all
liability, claims, loss, damages, or expenses resulting from Tenant's occupation and use of said
Site, specifically including, without limitation, any liability, claim, loss, damage, or expense
arising by reason of:
a. The death or injury of any person who is a guest, employee, agent, renter or contractor of
Tenant, or by reason of the damage to or destruction of any property, owned by Tenant or
by any person who is a guest, employee, agent, renter or contractor of Tenant, from any
cause whatever while such person or property is in or on said Site or in any way
connected with said Site or with any of the improvements or personal property on said
Site.
b. The death or injury of any person who is a guest, employee, agent, renter or contractor of
Tenant, or by reason of the damage to or destruction of any property, including property
owned by Tenant or by any person who is a guest, employee, agent, renter or contractor
of Tenant, caused or allegedly caused by either (i) the condition of said Site or -some
® building or improvement on said Site, or (ii) some act or omission on said Site of Tenant
Page 5 of 9
or any person in, on, or about said Site with or without the permission and consent of
Tenant.
C. Any work performed on said Site or materials furnished to said Site at the instance or
request of Tenant or any person or entity acting for on behalf of Tenant.
d. Tenant's failure to perform any provision of this Lease Agreement or to comply with any
requirement of law or any requirement imposed on Tenant or said Site by any duly
authorized governmental agency or political subdivision.
Tenant shall, at Tenant's own cost and expense, secure promptly after the execution of this Lease
and maintain during the entire Lease Term, a broad form commercial general liability insurance
policy or policies which insures Tenant's public liability, property damage and business
automobile exposures with the combined single limit of not less than S 1,000,000.00 issued by an
insurance company acceptable to City which shall list City as the named primary additional
insured, without offset to City's policies as respects all operations of Tenant. Any deductibles or
self -insured retentions must be declared to and approved by City. The terms of said policies may
be for such period as shall be designated by Tenant; provided however, that -within two (2)
months prior to the expiration date of such insurance terms, Tenant shall procure other policies
of said insurance so that between the execution of this Lease and the commencement of the
Lease Term and throughout the entire Lease Term or any renewal thereof, or until the sooner
termination thereof, City, its officials, employees; agents and volunteers shall always be added as
named primary additional insured under the policies of comprehensive general liability, business
automobile coverage, and property damage insurance, in accordance with the foregoing.
Tenant shall within ten (10) days after the execution of this Lease and promptly thereafter when
any such policy is replaced, rewritten, or renewed, deliver to City a true and correct copy of an
insurance binder and within 45 days deliver to City a true and correct copy of each insurance
policy required by this Article and an endorsement to the policy and a certificate executed by the
insurance company or companies or their authorized agent evidencing such policy or policies.
Each insurance policy required by this Lease shall contain a provision that it cannot be cancelled
for any reason nor can the coverage or limits be reduced unless ten (10) days prior written notice
of the cancellations or reduction is given to City in the manner required by this Lease for service
of notices on City by Tenant.
14. HOLD HARMLESS
Tenant agrees to investigate, defend, indemnify and hold harmless City, its employees and
agents, from and against any and all losses, damage, liability, claims, demands, detriments, costs,
charges and expenses (including attorney's fees) and causes of action whether real or alleged and
of whatsoever character, which the City may incur due to the actual or alleged negligence of
willful misconduct of Tenant or its guests, employees, agents, renters or contractors.
Tenant shall defend, indemnify and hold City, its officials, agents, employees and volunteers,
free and harmless from any and all liability, claims, loss, damages, or expenses resulting from
Tenant's occupation, operation or use of said Site, specifically including, without limitation, any
liability, claim, loss, damage, or expense arising by reason of:
Page 6 of 9
® (a) The death or injury of any person who is a guest, employee, agent, renter or contractor of
Tenant, or by reason of the damage to or destruction of any property, owned by Tenant or
by any person who is a guest, employee, agent, renter or contractor of Tenant, from any
cause whatever while such person or property is in or on said Site or in any way
connected with said Site or with any of the improvements or personal property on said
Site;
(b) The death or injury of any person who is a guest, employee, agent, renter or contractor of
Tenant; or by reason of the damage to or destruction of any property, including property
owned by Tenant or any person who is a guest, employee; agent; renter or contractor of
Tenant, caused or allegedly caused by either (i) the condition of said Site or some
building or improvement on said Site, or (ii) some act or omission on said Site of Tenant
or any person in, on, or about said Site with or without the permission and consent of
Tenant;
(c) Any work performed on said Site or materials furnished to said Site at the instance or
request of Tenant or any person or entity acting for or on behalf of Tenant; or
(d) Tenant's failure to perform any provision of this Lease or to comply with any
requirement of law or any requirement imposed on Tenant or said Site by any duly
authorized governmental agency or political subdivision.
15. DESTRUCTION
This Lease shall remain in full force and effect, including Tenant's obligation to pay rent, in all
® events of destruction to the Site except as outlined below. In the case of partial damage as
determined by the City, Tenant shall use only undamaged portions of the Site while property
insurance proceeds are obtained and reconstruction of the damaged or destroyed improvements is
made. In the event of partial or full destruction this Lease Agreement can be otherwise modified
or terminated by the mutual written agreement of the City and Tenant. The City shall have no
obligation to reconstruct improvements. If the Site is destroyed to the extent that the remainder
of the Site cannot be safely or efficiently used as determined solely by City, then City may
terminate this Lease Agreement thirty (30) days after the event of destruction.
16. DEFAULT
In the event that Tenant shall fail to perform any agreement, covenant or condition set forth in
this Lease Agreement and the Tenant fails to cure the default within a reasonable time, after
receiving written notice of same, but not more than ninety (90) days, as determined by City at its
sole discretion, the Lease Agreement may be terminated upon written notice from City. Tenant
agrees that safety is a priority concern in this agreement. City and Tenant agree that in the case
of hazardous or unsafe conditions or in the case of failure to pay rent fifteen (1 5) days shall be
considered a reasonable time to cure a default or this Lease Agreement may be subject to
termination.
17. NOTICES
If, at any time after the execution of this Lease, it shall become necessary or convenient for one
of the parties hereto to serve any notice, demand or communication upon the other party, such
® notice, demand or communication shall be in writing and shall be served personally or by
Page 7 of 9
depositing the same in the registered or certified United States mail, return receipt requested,
postage prepaid and (1) if intended for City shall be addressed to:
Harbor Director
City of Morro Bay
1275 Embarcadero
Morro Bay, CA 93442
and (2) if intended for Tenant shall be addressed to :
Mark & Bonnie Tognazzini
Tognazzini's Dockside Too
1245 Embarcadero
Morro Bay CA 93442
or to such other address as either party nay have furnished to the other in writing as a place for
the service of notice. Any notice so mailed shall be deemed to have been given as of the time the
same is deposited in the United States mail.
18. UTILITIES
Tenant is responsible for all costs of installation, maintenance and monthly charges for any and
all other utilities or services required by Tenant at the Site including garbage service, including
any cost for separate meters or segregating service to the Site.
19. MISCELLANEOUS
a. In case any one or more of the provisions contained in this Lease shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Lease, but this Lease
Agreement shall be construed as if such invalid, illegal or unenforceable provisions had
not been contained herein.
b. Nothing in this Lease Agreement shall be construed to create any duty to, any standard of
care with reference to, or any liability to.anyone not a party, except as otherwise
expressly provided herein.
C. The words "City" and "Tenant" as used herein shall include a corporation and include the
plural as well as the singular. Words used in the masculine gender include the feminine
and neuter. If there be more than one City or Tenant, the obligations hereunder imposed
upon City and Tenant shall be joint and several.
d. Time is of the essence of each and all of the agreements, covenants and conditions of this
Lease.
e. This Lease shall be interpreted in accordance with and governed by the laws of the State
of California. The language in all parts of this Lease shall be, in all cases, construed ®.
according to its fair meaning and not strictly for or against City or Tenant.
Page 8 of
•
L•
E
This Lease constitutes the entire agreement between City and Tenant with respect to the
subject matter hereof and supersedes all prior offers and negotiations, oral and written.
This Lease may not be amended or modified in any respect whatsoever except by an
instrument in writing signed by City and Tenant.
IN WITNESS WHEREOF, City and Tenant have executed this Lease Agreement by proper
persons thereunto duly authorized as of the date first hereinabove written.
Approved as to Form
CITY ATTORNEY
CITY OF NIORRO BAY
.Attested by
CITY CLERK
CITY OF TMORRO BAY
Bridgett Ba e
*1arkognazzini /®
Page 9 of 9
EXHIBIT A `
103,04 01:36p harborNewl
' A Algert - Driscoll equipment list -Fish Ma Ret doe
f'- -- - —
I Driscoll's Wharf
I
005-772-6258 P.3
------- - Page 1 1
i
EXHIBIT B
I
Fish Market Equipment
Quantity Item Description
Nlh
2
I
stainless steel display cases
lobster tank
.
Custom Model No. LOBSTER TANK. Glass
custom lobster tank. To include tank, pump and
filtration, chiller with adjustable thermostat,
tuorescent li htin , and stand with casters.
2
display refrigerators
DISPLAY CASES. Lowe Refrigeration, Inc. v
-
Model No. CURVED DISPLAY: Lowe
Refrigerated Display Cases, Eum-Style, with
curved glass, access from rear with lower
storage areas, glass lifts from front for easy
loading and cleaning. 94" long by 48" high,
- -
115v-60hz-20am . Casters provided.
(
triple fryer
Imperial Model No. IFS-40. Fryer Station with y
2 fryers, I drain station and pumped filter
'
station, Elite, Gas, each unit 40 lb. fat capacity.
snap action thermostat w/millivolt temperatare
,wfrol circuit, stainless steel frypot, stainless
steel front and sides, 105,000 BTU. Drain
station has food wanner. This unit has internally
plumbed oil drain and return lines. Includes
casters, clean -out rod and filter starter kit.
Natural Sas.
RANGE 36' RESTAURANT. Imperial Model
range
No. IR... Range 36" with 24" griddle... -
broiler, standard oven base, natural m. with.-.
sklre
�� M Pl
three -station steam table _
SER ING COUNTER, HOT FOOD, GAS.
Supreme Metal Model No. HF-3G.NAT.
..
Triumph Hot Food Table, Natural Gas, 47-125"
long,.(3) 12" x 20" hot food wells wr-setting
controls knobs, pilot indicator opening, s/s top.
8" x I" thick poly cutting board, srs open base
w/undershelf. 10,320 BTU.
1
refrigerated prep table
REFRIGERATED COUNTER, SANDWICH
TOP. McCall Refrigeration Model No. P-10-I2.
Refrigerator Counter, Sandwich Top, tw a-
-
section with doors, s/s top with 12-1/6 sin
pans, stainless steel exterior, aluminum interior,
with rear -mounted self-contained refrig system,
115 HP, NSF.
I
countertop refrigerated unit
REFRIGERATOR, MERCHANDISER.
Cohrrech Model No. 12GR-47L. Merchandiser,
lwo-section, self-contained bottom mount refrig
sys., cold colored steel ext & int., (2) triple -
pane glass slidingdoor, safety shielded
-
fluorescent interior, (4) adj. shelves per section,
'b HP compressor, R22 115v 9.2 am nc .
•__:'C^ �t bi J:G f'i:O'C ; ;3 S:i ::C..` i'_ --J: 31
Page 1 of 3 -C--Iz fir _a
I
I
I
I.
I
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k03 04 01:37p harborNewl
,41 Algert - Driscoll equipment list -Fish tv <et.doc
Driscoll's Wharf
Quantity Item
Z
L_
Fish Market Equipment
I
.a. system
1
two -burner coffee maker
COFFEE BREWER. Bunn-O-Matic Model No.
CDBCFI5APS. 29000.00100 Coffee. Brewer
(Air Pot brewer), automatic, high volume hot
water faucet, plastic funnel, patented "instant
on" tank heater increases brewing capacity up to
15% 120v/15am .
1
price computer scale with print-
out
1
cash register with bar code
scanner
l
cash register cabinet
CABINET. Western Booth Model No.
REGISTER TABLE. Custom Cabinet for
Register with Shelves under.
1
microwave
5
tables
24
chairs
4
umbrellas
2
wooden wine racks
2 .
high chairs
2
36"stainless steel shelves
SHELVING, WIRE. Nexel Model No. S 1836Z.
Shelf, wire, 18".wide, 36" long, clear epoxy
powder coated zinc -chromate plated finish, Poly-
Z-Brite.
3
48" stainless steel shelves
SHELVING, WIRE. Nexel Model No. S1848Z.
Shel4 wire, 18" wide, 48" long, clear epoxy
powder coated zinc -chromate plated finish, Poly-
Z-Brite.
SHELVING, WIRE. Nexel Model No. S 1448Z.
Shelf, wire, 14" wide, 49" long, clear epoxy
powder coasted zinc -chromate plated finish,
Pol-Z-Brite.
3
60" stainless steel shelves
SHELVING, WIRE. Nexel Model No. S1860Z. i
Shelf, wire, 18" wide, 60" long, clear epoxy
powder coated zinc -chromate plated finish, Poly-
Z-Brite.
outdoor heater
1
miscellaneous
Page of 11, ]— _ SEX
V
•
Driscoll's Wharf
L' J
Fish market equipment corrections and additions 4/3/06
Page 1.
2 ea. "stainless steel display case" not on site
1 ea. "skillet" should read "Skittle" steamer by Legion
1 ea. "countertop refrigerated unit' not on site
Page. 2
1 ea. "Pepsi machine, with ice maker' property of Pepsi Cola Inc.
Page 3.
2 tables not 5
20 chairs not 24
3 umbrellas not 4 unusable
Not listed:
2 ea. Bev -Air 2x2 glass door merchandiser
1 ea. McCall stainless top under counter 2 door refrigerator
1 ea. Hobart slicer
r]
® RESOLUTION NO.15-06
. 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 Mono Bay as
required by City Ordinance; and,
WHEREAS, these conditions are more specifically identified in Vesting Tentative Tract
Map (condition 10e) 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
home by an assessment district as required by the Conditions of Approval of the project; and,
WHEREAS, one hundred percent (100%) of the property owners approved formation of the
district to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition
218, California Constitution Act 7HII C & D).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono 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.)
L-]
® Resolution No. 15-06
Page Two
The improvements to be subject to assessment for maintenance by such District shall include
those enumerated in the conditions of project approval and in Streets and Highways Code
Section 22525 which are installed by the developer as a condition of approval of Tract 1996
or which are hereafter installed by developer; pursuant to the Final Improvement Plans for
the Cloisters Project as approved by the City.
3. The Assessment District is a District located in the City of Morro Bay, County of San Luis
Obispo. A map showing the boundaries of the proposed District is attached as Exhibit "A"
which is hereby incorporated herein.
4. An Engineer's Report will be prepared for consideration at the May 22, 2006 City Council
meeting.
5. This District shall be called the "Cloisters Landscaping and Lighting Maintenance
Assessment District".
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 10'" day of April, 2006 by the following roll call vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
ATTEST:
CITY CLERK
0
® RESOLUTION NO.14-06
RESOLUTION OF THE CITY OF MORRO BAY,
INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT
FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE
"LANDSCAPING AND LIGHTING ACT OF 1972"
(STREETS AND HIGHWAYS SECTION 22500 ET SEQ.)
WHEREAS, the City has placed certain conditions on the development of Tract 2110 "North
Point," requiring formation of a property. Landscaping and Lighting Maintenance Assessment District
encompassing and coterminous with the proposed subdivision to provide for the maintenance of a
natural area, parking lot, landscaping, decomposed granite and asphalt walkways, and coastal access
stairway and other common area improvements to be held by or dedicated to the City of Morro Bay
as required by the Mono Bay Municipal Code 16.16.030; and,
WHEREAS, these conditions are more specifically identified in the Precise Plan (condition
Fl-F7); and,
WHEREAS, the Owners of the real property within the proposed district consented to the
formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and
® Highways Code Section 22608.2 et seq.), and are the only owners of property to be subject to
assessments within the district; and,
WHEREAS, the Owners of real property within the proposed district offered in fee and in
perpetuity, Lot I I of Tract 2110, and the City has agreed to said Offer of Dedication, provided that
the cost of maintenance of thereof is home by an assessment district as required by the Conditions of
Approval of the project; and,
WHEREAS, one hundred percent (1001/6) 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 Mono 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.)
Resolution No. 14-06
Page 2
2. The improvements to be subject to assessment for maintenance by such District shall
include those enumerated in the conditions of project approval and in Streets and High
ways Code Section 22525 which are installed by the developer as a condition of
approval of Tract 2110 or which are hereafter installed by developer, pursuant to the
Final Improvement Plans for the North Point Project as approved by the City.
3. The Assessment District is a District located in the City of Morro Bay, County of San
Luis Obispo. A map showing the boundaries of the proposed District is attached as
Exhibit "A" which is hereby incorporated herein.
4. An Engineer's Report will be prepared for consideration at the May 22, 2006 City
Council meeting.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 10" day of April, 2006 by the following roll call vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
0 ABSENT: None
ATTEST:
11
® RECORDING REQUESTED BY: and
V41EN RECORDED MAIL TO:
Nick Muick
City of Morro Bay Public Services
955 Shasta Avenue
Morro Bay, CA 93442
RESOLUTION NO. 13-06
A RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN ACCESS EASEMENT
AND ABANDONMENT OF AN EXISTING CITY ACCESS EASEMENT AT 2670, 2680
AND 2690 NUTMEG AVENUE, being lots 2, 3 and 4 respectively, Block 29 of Morro Del Mar
Subdivision #2, City of Morro Bay, California.
Said existing easement appproved by City of Morro Bay City Council Resolution 41-87 and
recorded April IT 1987, Document No. 25965, Volume 2987 page 603-607
THE CITY COUNCIL
City of Morro Bay, California
® WHEREAS, on July 19, 2004 an Administrative Coastal Developpment Permit was issued for
2670 Nutmeg with a realigned City easement for access to the City's Nutmeg Water Supply
Tank; and
WHEREAS, the Owner, E.F. Brown Family Trust, has made said easement offer attached
herewith; and
WHEREAS, the Owner requests that the City abandon the existing easement; and
WHEREAS, it is in the public interest to accept the offer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that
the attached offer of dedication is hereby accepted and the existing easement is hereby abandoned
on behalf of the public.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 27th day of March, 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
® BRIDGET-AUER, City Clerk
RECORDING REQUESTED BY:
City of Morro Bay
WHEN RECORDED MAIL TO:
Public Services
Attention: Nick Muick
955 Shasta Avenue
Morro Bay, CA 93442
IRREVOCABLE AND PERPETUAL
OFFER TO DEDICATE AND ABANDONMENT OF EASEMENT
THIS OFFER TO DEDICATE BY THE E.F. BROWN FAMILY TRUST, AND ABANDONMENT_ OF
EASEMENT BY THE CITY OF MORRO BAY, made the day of�,
2005:
WHEREAS the E.F. Brown Family Trust desires to make an offer to dedicate',
irrevocably, an easement for access and utilites, henceforth "Easement",
which offer may be accepted at any time by the City of Morro Bay,
and covenants and promises as follows:
That the E.F. Brown Family Trust is the owner of the following real
property:
® Lots 2, 3 and 4 of Block 29 of the Morro Del Mar Subdivision. #2, in
the county of San Luis Obispo, known as 2670, 2680 and 2690 Nu =eg
Avenue, Morro Bay, California, henceforth, "Property";
AND does hereby irrevocably and in perpetuity offer to the City of
Morro Bay a dedication of an easement, as described on Exhibit A, for
access and utilities;
AND agrees that said offer of dedication shall be irrevocable and that
the City of Morro Bay at any time may accept said offer of dedication;
AND agrees that this irrevocable and perpetual Offer to Dedicate is
and shall be binding on its heirs, legatees and assigns; and
WHEREAS, in consideration of its receipt of the Easement described on Exhibit
A, The City of Morro Bay DOES HEREBY ABANDON in entirety the Prior Easement
which was recorded April 15, 1987 in volume 2978 Pages 608-607, San Luis
Obispo County Records;
AND, The City of Morro Bay DOES HEREBY ACCEPT the proposed easement as
shown on Exhibit A and described on Exhibit B hereto.
r` J
IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the E.F.
Brown Family Trust on the day and year first above written.
E.F. BROWN FAMILY TRUST
By:
E. Fred Brown, Trustee
STATE OF CALIFORNIA
COUNTY OF SAN LUIS-OBISPO
On `j�% {� n before me, ( personally
® appeared �•Y� t' "� personally known to me or proved to me on
the basis of satisfactory evidence, to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in
his authorized capacity(ies), and that by his signature(s) on the instrument
the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and offi�Sea�l.i
CHRISTI HARKNESS
Signature (Seal) COMM. # 1537398 <
z Notary Public•Califomia
t n' County of San Luis Obispo
Signed ' s day of ` 2005 My Comm. Exp. Jan. 18, 20M
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ACCESS EASEMENT PLAN
EXHIBIT A
LOT 2
ACCESS EASEMENT AREA
ON LOT 2, BLOCK 29 OF
MORRO DEL MAR SUBDIVISION N2
FOR THE USE AND BENEFIT OF
THE CRY OF MORRO BAY
BEGINNING AT A POINT AT THE SOUTHWEST CORNER OF LOT 2 IN BLOCK
29 OF THE MORRO DEL MAR SUBDIVISION #2 THENCE PROCEEDING S 99'
20' 00" E 10.95' ALONG SOUTHERN BOUNDARY OF LOT 2 TO THE TRUE
POINT OF BEGINING. THENCE CONTINUING ALONG SOUTHERN
BOUNDARY OF LOT 2 S 89' 20' 00' E 12.12'. THENCE PROCEEDING N 08' 53'
48" E 40.84'. THENCE PROCEEDING N 0. 48' 41"E 9.58' TO A POINT ON
NORTHERN BOUNDARY OF LOT 2. THENCE PROCEEDING ALONG
NORTHERN BOUNDARY N 89' 20' 00' W 12.00'. THENCE PROCEEDING S
02. 16' 58" W 8.72. THENCE PROCEEDING S 8. 53' 48" W 41.71' TO THE
TRUE POINT OF BEGINNING.
LOT 3
ACCESS EASEMENT AREA
ON LOT 3, BLOCK 29 OF
MORRO DEL MAR SUBOMSION &2
FOR THE USE AND BENEFIT OF
THE CITY OF MORRO BAY
BEGINNING AT A POINT AT THE SOUTHWEST CORNER OF LOT 31N BLOCK
29 OF THE MORRO DEL MAR SUBDIVISION 02. THENCE PROCEEDING N 18'
04' 07" E 13.80'. THENCE PROCEEDING N 11' 14' 34' E 37.24' TO A POINT ON
THE NORTHERN BOUNDARY OF LOT 3. THENCE PROCEEDING S 89' 20'
00" E 12.12' ALONG THE NORTHERN BOUNDARY. THENCE PROCEEDING S
8' 53' 48" W 1.98'. THENCE PROCEEDING S 11' 14' 34" W 38.20'. THENCE
PROCEEDING S 18. 04' 07" W 10.76' TO A POINT ON THE SOUTH
BOUNDARY OF LOT 3. THENCE PROCEEDING N 89' 20' 00" W 12.57' ALONG
THE SOUTH BOUNDARY TO THE TRUE POINT OF BEGINNING AT THE
SOUTHWEST CORNER OF LOT 3.
LOT 4
ACCESS EASEMENT AREA
ON LOT 4, BLOCK 29 OF
MORRO DEL MAR SUBDIVISION 02
FOR THE USE AND BENEFIT OF
THE CITY OF MORRO BAY
BEGINNING AT A POINT AT THE NORTHWEST CORNER OF LOT 41N BLOCK
29 OF THE MORRO DEL MAR SUBDIVISION Y2. THENCE PROCEEDING S 00'
40' 00" W 40.12' ALONG WESTERN BOUNDARY OF LOT 4. THENCE
PROCEEDING N 18. 04' 07' E 4202' TO A POINT ON NORTHERN BOUNDARY
OF LOT 4. THENCE PROCEEDING N 89' 20' 00" W 12.57' ALONG NORTHERN
BOUNDARY TO THE TRUE POINT OF BEGINNING
ACCESS EASEMENT DESCRIPTION
THE INTENT OF THIS ACCESS EASEMENT DESCRIPTION
IS TO DEFINE IN WORDS THE ACCESS EASEMENT FOR
THE CITY OF MORRO BAY TO BE ABLE TO ACCESS THE
WATER TANK AT THE TOP OF THE ADJACENT HILL.
EXHIBIT B
® RESOLUTION NO.12-06
RESOLUTION OF INTENTION TO APPROVE
AN AMENDMENT TO THE CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL, CITY O F MORRO BAY
to a 7IH a dM4ZO111arow1
City of Morro Bay, California
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies
and their employees in the Public Employees' Retirement System by the execution of a contract, and sets
forth the procedure by which said public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one the steps in the procedures to amend this contract is the adoption by the
governing body of the public agency of a resolution giving notice of its intention to approve an
amendment to said contract, which resolution shall. contain a summary of the change proposed in said
contract; and
® WHEREAS, the following is a statement of the proposed change:
To provide Section 21362.2 (3% @ 50 full formula) for
local 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 13th
day of March, 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
ATTEST:
BRIDGE AUER, City Clerk
® i0
Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Morro Bay
® The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1965, and witnessed June 1, 1965, and as amended effective August 15, 1981,
November 19, 1983, January 7, 1989, June 24, 1989, June 22, 1991, June 10, 1994,
June 9, 1998, October 17, 1998, April 13, 2000, June 22, 2002, September 13, 2002,
June 21, 2003 and September 27, 2003 which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 15 are hereby stricken from said contract as executed
effective September 27, 2003, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
1. All words and terms used .herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1965 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Is Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
i BLASE DO NOT SIGN "EXHIBIT ONE:,
® 3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. ELECTED OFFICIALS;
b. APPOINTIVE COMMISSIONS; AND
C. PERSONS COMPENSATED ON AN HOURLY BASIS.
5. This contract shall be a continuation of the benefits of the contract of the
® Morro Bay fire District, hereinafter referred to as "Former Agency",
pursuant to Section 20508 of the Government Code, Former Agency
having ceased to exist and succeeded by Public Agency on July 1, 1965.
Public Agency, by this contract, assumes the accumulated contributions
and assets derived therefrom and liability for prior and current service
under Former Agency's contract with respect to the Former Agency's
employees. Legislation repealed Section 20508, Statutes of 1949,
effective January 1, 1988.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and. not on or after September 27, 2003 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after September 27, 2003 shall be determined in
accordance with Section 21354.5 of said Retirement Law (2.7% at age 55
Full).
8. The percentage of final compensation to be provided for each year of
® credited prior and current service as a local safety member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
i-LEASE GO NOT SIGN "EXHIBIT .°:.
® 9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local
police members only.
b. Section 20965 (Credit for Unused Sick Leave).
C. Section 20042 (One -Year Final Compensation).
d. Section 21024 (Military Service Credit as Public Service) for local
police members and local miscellaneous members only.
e. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire
members only.
f. Section 20423 ("Local Safety Member' shall include Harbor or Port
Police Officers as described in Government Code Section 20423).
9- Section 21027 (Military Service Credit for Retired Persons) for local
police members only.
® 10. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer' for purposes of Section 20834 effective on
August 15, 1981. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959_
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local police members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
® Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local fire members.
11
C. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law. .
d. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the
BOARD OF ADMINISTRATION �
PUBLIC EMPLOYEES' RETIR ,ENT SYSTEM
<I`
BY
LORI.MCGARTLAND,
EMPLOYER SERVI(A
PUBLIC EMPLOY
)' DIVISION
RETIREMENT SYSTEM
day of
CITY COUNCIL
CITY OF MORRO BAY
BY
PRESIDING OFFI
�Q
Witn� ate
q�v
Attest:
Clerk
AMENDMENT ER# 0531
PERS-CON-702A (Rev. 10105)
RESOLUTION NO. 11-06
A RESOLUTION OF THE CITY OF MORRO BAY
ANNOUNCING FINDINGS AND ADOPTING AN INTERPRETATION OF THE
ZONING ORDINANCE TO REGULATE COMMON OPEN SPACE
FOR COMMUNITY HOUSING PROJECTS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay, on May 2, 2005 reached a consensus
and developed an interpretation for common open space requirements for community housing projects; and
WHEREAS, on the 14th day of February 2006, the City Council of the City of Morro Bay did adopt an
interim urgency Ordinance 514 prohibiting the issuance of land use development entitlements or land use
permits for community housing projects for the purpose of developing a clearer understanding of the
community housing regulations; and
WHEREAS, on the 14°i day of February 2006, the City Council of the City of Morro Bay did direct
staff to develop an interpretation under the current Zoning Regulations that function as guidelines and express
the City's expectations for common open space requirements for community housing projects; and
® WHEREAS, following the consideration of the Planning Commission action on the common open
space requirements, the City Council modified and approved a subsequent interpretation that expresses
expectations for usable common open space as follows:
1. The City Council believes it is important that the governance, control and maintenance of all common
open space areas for the residents of the development be acted on as a whole and that no further alteration of
any common open space area be approved without the consensus of the other residents as set forth in the Home
Owners Association or Common Area Maintenance Agreement.
2. Common open space functions best if the area is centrally located or located in a configuration that
benefits all of the residents of the project.
3. The usable portion of the common open space would better benefit the residents as a single coherent
and contiguous area.
4. The City Council's expectation for usable common open space would not include front yard setbacks,
small landscape strips, or areas between buildings have less than 20 feet.
NOW, THEREFORE BE ff RESOLVED, by the City Council of the City of Morro Bay, California, as
follows:
SECTION 1: Title 17 of Morro Bay Municipal Code (Zoning Ordinance) is interpreted as contained in the
guidelines above, attached hereto and made a part of this resolution:
2
SECTION 2: To implement the interpretation adopted herein, the City Council of the City of Morro Bay,
California, hereby directs as follows:
That the above recitations are true and correct and constitute the findings of the Council in this matter,
and,
2. The City Council of the City of Morro Bay hereby finds that the Local Coastal Program
Implementation Program (Zoning Ordinance) along with this interpretation are in compliance with the intent,
objectives, and all applicable policies and provisions of the California Coastal Act; and
The interpretation to Title 17 shall take effect within 10 days.
INTRODUCED at the regular meeting of the City Council held on the 13t`' day of March 2006, by
motion of Councilmember Baxley and seconded by Mayor Peters.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13t" day of
March 2006 by the following vote to wit:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Bridgett BaQr, City Clerk
City of Morro Bay
APPROVED AS TO FORM:
ROBERT W. SCHLRJ4 Esq.
City Attorney
J , ce Peters, M yor
City of Morro Bay
RESOLUTION NO. 10-06
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY AMENDING THE BY-LAWS FOR ADVISORY BOARDS
REGARDING MEETING ATTENDANCE REQUIREMENTS
THE CITY COUNCIL
CITY OF MORRO BAY, CAILFORNIA
WHEREAS, the City Council has adopted By -Laws for each of its Advisory Bodies; and
WHEREAS, the current By -Laws for each Advisory Body in regard to attendance
requirements states as follows:
Absence of a Board Member from three (3) consecutive meetings without formal
consent of the Board as noted in its official minutes will constitute the voluntary
resignation of the absent member effective the date of the third meeting. Upon a
member being absent for 4 or more meetings in one calendar year, excused or
unexcused, the Council shall, at a public meeting review the appointment and
consider appointing a replacement.
WHEREAS, The City Council desires to amend the requirements regarding attendance
® standards to read as follows:
Absence of a Board Member from three (3) consecutive meetings or four (4)
meetings in any .consecutive 12-month period will constitute the voluntary
resignation of the absent member and the position will be declared vacant.
NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does
hereby amend the By -Laws of all Advisory Bodies to reflect the above amendments and said
amendment shall be effective as of January 1, 2006.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting
thereof held on the 27th day of February 2006 by the following vote:
AYES:
NOES:
ABSENT:
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
ATTEST:
Bridgett B i r, City Clerk
u
RESOLUTION NO. 08-06
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 2005-2006
FOR THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to
conduct its business activities on a day-to-day basis; and
WHEREAS,. the City Council finds and determines that the efficiency, economy and
effectiveness of City government operations would be substantially impaired if such
appropriation were not made; and
WHEREAS, Section 37208 of the California Government Code provides that payments
or demands conforming to a budget approved by ordinance or resolution need not be audited -by
the City Council prior to payment; and
WHEREAS, the City Council adopted the original Operating and Capital Improvement
Budgets on June 28, 2004 by adoption of Resolution No. 29-05; and
WHEREAS, the City Council finds it necessary to amend said budgets.
NOW THEREFORE, BE IT RESOLVED:
1) The operating budgets of the City of Morro Bay are amended by modifying
appropriations as shown on the attached summary schedule.
2) Appropriate an additional sum of $300,000.00 to expedite the purchase and
installation of temporary housing trailers and offices, across Piney Way from the
current fire station, which was damaged by both the December 2004 earthquake and
winter storms during the current year.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro
Bay, on the 27th day of February, 2006, by the following vote to wit:
AYES:
NOES:
ABSENT:
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
® Attachment To Resolution 08-06
City of Mono Bay - Mid -Year Budget 2005-2006 Financial Trsasactiom
Summary of Appropriatiom FY 2005-2006
Sudan Matter Fund Dot Account Amount Imm
5137,000
$15,000
$94.369
11
5297,455
Is
Citv Mana er's Office
City ManaWs Office Labor NeLmtiawr to Handle PD &Other unions
001
3110
6106
$I0 000
Inc G/F
Pmfessional Voter Su and 08/1005)
001
3110
6106
$35.000
Inc G/F
Public Education Prograni for Sales Tax Election and City Needs I =1
001
3110
6107
$75,000
Inc G/F
AGP Video Budget Augmentation to Cover Balance of Year
001
3110
6199
$12,000
Inc G/F
Additional Funding for Recruitment Activities
001
3110
6760
55,000
Inc G/F
CiM Attorn ''a ORce
Finance Devaivneot
Evan Vacation and Termination Pavoffs
001
3510
4110
$15.000
Inc G/F
Community Impromnenis Division ouvr Plant
001
3505
3960
-51,064,385
Dec G/F
Police Devarunent
Restoration of Half -Time Crime Prevention Officer 08=45 Wages
001
4110
4310
532,000
Inc G/F
Restoration of Half -Time Crime Prevention Officer 0822/O5Benefits
001
4110
4910
$3,000
Inc G/F
Overtime for Harbor Festival & Narootics Task Force
001
4110
4120
$11,750
Inc G/F
Federdl Reimbun anent For Narcotics Task Force
001
4110
3460
-53.150
Dec G/F
Transfer ofSalaq Saving5 Due to Vacancies to Contact Dispwcb= Co,001
4110
4110
-56,600
Dec G/F
Transfer of Salmy Savings Due to Vacancies to Contract DLSP=b= Ca
001
4110
6106
56,600
Inc GiF
Standby Pav Omitted in Error From Original Budget Request
001
4110
4515
56,000
Inc G/F
POST reimbursement of Team Budding Facilitator room Training
001
4110
3247
-53,900
Dec G/F
Fuel Increased Costs
001
4110
5110
S6r50
Inc G/F
Air Conditioner for PD Computer Room
001
4110
5175
$3,000
Inc G/F
Police Depamnent Excess Holidas'Namtion Payoff
001
4110
4110
" 539,419
" Inc G/F
R Detmintment
Excel Vacation Payoff
001
4210
4110
$7,168
Inc G/F
Mutual Aid Fire Services Reimbursements
001
4210
3472
-546 88
Dec G/F
Hazard Mitt ion Funds
001
4210
33V
-55,625
Dec G/F
Radio System Upgrades in Support Similar Pm'ecu in Police and T
001
4210
6106
55,000
Inc G/f
Reinstate Pert -Time Pay Cuts in Original Budget
001
4210
4310
S34,1100
Inc G/f
Plan Check Services From Outside Engineer
001
4210
6104
53,500
Inc G/f
Overtime Paid From Donor our To Fire Dept
001
4210
4120
$1.169
Inc G/f
Tmmfer from Donsuons Account
515
2305
-S 1,168
Dec G/F
Purchase end Install Trailers for Housing and Office Space
911
XXXX
6106
5300,000
Inc G/F
® Attachment To Resolution 08-06
City of Moan Bay - Mid -Year Budget 2005-2006 Financial Transactions
Summary of Appropriations FY 2005-2006
Rudm Matter Fund De L Account Amount Imoad
11
11
Public Services Decartmeat
S99,504
Emergency Repairs to Underground Fuel Tank vd 1/092006
001
5120
6106
$95,040
Inc G/F
Recreation & Parka Decarmient
Pan -Time Pay - Facilites Division ommittcd from original budget in
001
6150
4310
$5,000
Inc G/F
lncrtate in Courowunity Center Deprecialica Reserve omiited in on '
001
2967
S12,000
Neutral to G/F
S5,000
Purchase replacconew lights u Lila Keisd Park using Park In -Lieu I=
904
1111
6106
S13,000
Inc Pk Io-Ueu
S648,328
Public Safery Denartmenc,
Note:
S306,525
O ' -nal Budzet Deficit/ Estimated Revenue Shortfa6
SW25
954 853
Net of Expemes over Duke Payment; & Other Revenue Increases
S169963
Increau in General Fund Reserves for Emergeneics
001
2966
S169,963
Harbor Droartment
Repay General Fund Iron to Harbor Fund
331
2039
$I 10,000
Neutral m G/F
North T-Pitt Capitol Proem
331
6510
8540
$175,000
Neutral to G/F
Replace Van with 120,000 miles and leaking roof
331
6510
7202
S35,000
Neutral to G/F
Personal Wend Crag inurbase to replace vies lease.
331
6510
7302
SI8,000
Neutral to G/F
Radio System Upgrades including efforts in coo ion with Police &
331
6510
7302
$7,500
Neutral m G/F
Coatract for Audits of Lean Sites on Percentage of Gross Sales
331
6510
6103
$15,000
Neutral to G/F
Harbor Billing System Upgrade
331
6510
6106
SI I
Neutral m G/F
Dock and Gan Repmr and replacerratat
331
6510
6106
560,000
Neutral to G/F
Depturmenta! Management Audit and evaluation
331
6510
6105
$20.000
Neutral to G/F
Utility Cart for ternmorury era Iovee waterfront trash pick up
331 1
6510
7204
S 12,000
Neutral to G/F
Harbor Building Replacement Planning and Preliminary Design Work
331
6510
6106
ramm GG/F
6510
3440
-5r32,192
92331
F
RESOLUTION NO.07-06
RESOLUTION DECLARING AN EMERGENCY CONDITION EXISTS
REGARDING THE CONDITION OF THE MORRO BAY FIRE STATION AND
AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY
ICILY• l00111"1117all :11to1,1�N1:K10M"9131104
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, beginning on Friday, December 19, 2005, the City of Morro Bay experienced
storm and flooding events which created conditions of extreme peril to life and property; and
WHEREAS, this series of powerful winter storms brought heavy rain throughout the state
along with high winds, mudslides, and flooding; and
WHEREAS, although the storms caused significant damage, the effects certainly would have
been much worse without the aggressive and proactive mitigation efforts undertaken by the state and
local agencies in the affected communities; and
WHEREAS, Governor Schwarzenegger took appropriate action under state law and directed
the execution of the State Emergency Plan on December 30, 2005 in accordance with Section 401 of
® the Stafford Act and proclaimed that a state of emergency exists in 34 counties including San Luis
Obispo County; and
WHEREAS, within the City of Morro Bay, the Fire Station sustained damage to its roof
making portions of the building unusable; and
WHEREAS, failure to take immediate action and find temporary living quarters for our
firefighters would potentially result in a public health and safety hazard; and
WHEREAS, the public interest and necessity demands the immediate expenditure of public
money to safeguard life, safety, and property; and
WHEREAS, the conditions are such that mitigation cannot permit the delays resulting from
competitive solicitation for bids delineated in the Public Contract Code; and
WHEREAS, Section 8630 et. sec. of the California Government Code authorizes local
governing bodies to declare local emergencies when such events occur as described in California
Government Code section 8558; and
WHEREAS, pursuant to California Government Code section 8634, upon declaration of a
local emergency, the City Council of the City of Morro Bay may promulgate orders and regulations
® necessary to provide for the protection of life and property; and
Resolution No. 07-06
® Page Two
WHEREAS, Section 22050 et. sec. of the Public Contract Code provides that a local agency,
by 4/5ths vote of its governing body, may repair or replace a public facility without giving notice for
bids and may enter into contracts upon fording that the need of the action cannot be delayed by the
competitive bid process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay
that, pursuant to California Government Code section 8630, a state of local emergency is declared to
exist in the City of Morro Bay due to storm damage over the time period from December 19, 2005,
until January 3, 2006 with damage control continuing and not yet complete; and
BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that
emergency conditions exist regarding immediate improvements necessary to its Fire Station and the
Council hereby declares said emergency pursuant to Section 20168 of the Public Contract Code and
the California Environmental Quality Act; and
BE IT FURTHER RESOLVED, the City Manager is hereby authorized and directed to
order actions deemed appropriate to mitigate the conditions under emergency contracting outlined in
Section 22050 of the Public Contract Code; and
® BE IT FURTHER RESOLVED, funding for the mitigation work is hereby allocated in a
sum not to exceed $300,000.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 14th day of February, 2006 by the following vote:
AYES: Baxley, DeMeriM Peirce, Peters, Winholtz
NOES: None
ABSTAIN: None
ATTEST:
2
PETERS, $4AYOR
® RESOLUTION NO.06-06
APPROVAL OF LEASE AGREEMENT FOR LEASE SITE 91-92/91W-92W,
LOCATED AT 899 EMBARCADERO,
WITH ANDERSON INN PROPERTIES
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 91-92/91 W-92W; and,
WHEREAS, the Anderson family has been the lessees of said property for over 35 years;
and,
WHEREAS, the Anderson family has obtained approval for redevelopment of the site
under CUP 25-03 issued in January 2004 and as amended in October 2005; and,
WHEREAS, the City and Anderson Inn Properties, consisting of three co -tenants;
Rodger J. Anderson, Amalia A. Anderson and Jefferson L. Anderson, desire to terminate the
existing lease to be replaced by a new 47 year lease effective January 1, 2006 to provide for
redevelopment of Lease Site 91-92/91-92W.
® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that a new lease agreement for Lease Site 91-92/91 W-92W, located at 899 Embarcadero,
with Anderson Inn Properties consisting of three co -tenants; Rodger J. Anderson, Amalia A.
Anderson and Jefferson L. Anderson, is hereby approved and that the Mayor is hereby
authorized to execute the lease document.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 14a' day of February 2006, by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
10 BRIDGET�OBAUER, CITY CLERK
RESOLUTION NO.0546
® APPROVAL OF AGREEMENT REGARDING DEED OF TRUST
FOR LEASE SITE 89/89W,
LOCATED AT 845 EMBARCADERO
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay
waterfront described as Lease Site 89/89W; and.
WHEREAS, the lease agreement for Lease Site 89/89W, located at 845 Embarcadero,
was assigned to Jim Smith and Cliff Branch at the December 12, 2005 City Council meeting
subject to City Attorney approval of final assignment and assumption documents by February 12,
2006; and,
WHEREAS, Mr. Smith and Mr. Branch are requesting approval of the attached
Agreement Regarding Deed of Trust for Lease Site 89/89W with Wells Fargo Bank; and,
WHEREAS, the City Attorney has reviewed and approved the attached Agreement
Regarding Deed of Trust; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
® Bay that the Agreement Regarding Deed of Trust for Lease Site 89/89W is hereby approved and
that the Mayor is hereby authorized to execute said agreement, provided the City Attorney
approves the associated fmal assignment and assumption documents for assignment of the lease
agreement for Lease Site 89/89W to Smith/Branch.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 23rd day of January 2006 by the following vote:
AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz
NOES: None
ABSENT: None
BRIDGE AUER, CITY CLERK
CJ
U
C
RESOLUTION NO. 04-06
A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY
ACCEPTING THE FINAL MAP FOR AN APPROVED 5-LOT
RESIDENTIAL SUBDIVISION KNOWN AS TRACT 2648
THE CITY COUNCIL
City of Mono Bay, California
WHEREAS, on August 8, 2005 the City Council did hold a public hearing, received
public testimony, both written and oral, and after closing the public hearing fully considered the
various issues surrounding the case; and
WHEREAS, the Council did approve the tentative map for Tract 2648, and associated
development applications, based on certain Conditions of Approval; and
WHEREAS, the Council has previously made findings required by the California
Environmental Quality_ Act (CEQA) and the City of Morro Bay procedures for implementation of
CEQA; and
WHEREAS the applicant has since satisfied all Conditions of Approval and requests
permission to record the Final Map; and
WHEREAS, the recordation of the final map is a ministerial act pursuant to the City of
Morro Bay Subdivision Ordinance and California Subdivision Map Act;
NOW, THEREFORE, BE IT'RESOLVED by the City Council of the City of Morro
Bay, California, that the City hereby accepts the final map for Tract 2648.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at
a regular meeting held on the 23rd day of January 2006, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Baxley, DeMeritt, Peirce, Peters. Wing^i*,
None
None
'1 OWN 0 a mn
RESOLUTION NO.03-06
® A RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE
INTERIM YEAR RATE ADJUSTMENT APPLICATION
AND ADJUSTING SOLID WASTE COLLECTION RATES
THE CITY COUNCIL
City of Morro 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 Waste Management Rates"; and
WHEREAS, also pursuant to Article 8.4, adjustments for cost of living increases are to be
received in the two years between base years; and
WHEREAS, the last base year collection rates were approved by the City Council on
January 13, 2005; and
® WHEREAS, on October 26, 2005, MBGS Controller Tom Martin submitted an interim rate
adjustment application in conformance with the franchise agreement and rate setting manual
requesting a 3.15% 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 3.15% as.outlined in Exhibit A.
BE IT FURTHER RESOLVED, by the City Council of the City of Mono Bay the
increased solid waste collection rates will become effective February 1, 2006.
PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting
thereof held on the 9th day of January 2006 by the following vote:
AYES:
NOES:
ABSTAIN:
Baxley, DeMeritt, Peirce, Peters,. Winholtz
None
None
ATTEST:
BRIDGE17AUER, City Clerk
Ll
CITY OF MORRO BAY
Exhibit A
3.15% AVERAGE ACROSS THE BOARD INCREASE -COMMERCIAL
FOR INTEGRATED SOLID WASTE ACTIVITIES
EFFECTIVE 2-1-2006
COMMERCIAL WASTE WHEELERS (PER MONTH)
size
Of
COLLECTIONS PER WEEK
WW
1
2
3
4 5
6
7
32 GALLON
$26.34
$51.42
17.25
$83.11
$108.19
$133.27
$158.84
64 GALLON
$38.23
$67.25
$97.631
$131.941
$164.94
ji $192.661
$226.91
96 GALLON
$51.421
$89.691
$131.941
$175.501
$213.781
$261.291
$315.28
Additional charge per can per collection:
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
COLLECTIONS PER WEEK
cubicyards)
1 2 3 4 5 6 7
1
$64.88
$100.521
$129.541
$162.55
1 $187.641
$233.82
1 $353.26
1.5
$79.38
$130.88
$175.77
$223..9
$2116
$319.64
$468.92
2
$95.24
$166.50
$223.29
$283.99
$347.36
$410.71
$589.84
3
$122.97
$223.29
1 $314.361
$398.831
$516.32
$595.51
$804.50
4
$162.55
$302.481
$419.951
$561.201
$702.431
$794.82
1 $1,033.67
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
$16.72
1 cubic yard (minimum charge)
$25.09
1.5 cubic yards
$33.45
2 cubic yards
$50.16
3 cubic yards
$66.87
4 cubic yards
aProposed Rate Schedule for Integrated Solid Waste Services effective 2-1-2006
® Exhibit A
CITY OF MORRO BAY
SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less)
VOLUME -BASED RATES
MINI -CAN SERVICE
$7.97 per month for one 19 gallon wastewheeler container collected once each week
ECONOMY RATE
$12.76 per month for one 32 gallon wastewheeler container collected once each week
STANDARD RATE
$25.52 per month for one 64 gallon wastewheeler container collected once each week
PREMIUM RATE
$38.28 per month for one 96 gallon wastewheeler container collected once each week
SERVICE AWAY FROM THE STREET CURB
$6.95 per month in addition to above service level for each service requested (garbage,recyding, greenwast
EXTRA CHARGES
a$23.
EXTRA GARBAGE additional charge per 33 gallon can or equivalent volume per collection (minimum t can)
OVERFILLED WASTE WHEELER LID MUST BE FLAT
® EXTRA RECYCLING additional charge per 33 gallon can or equivalent volume per collection (minimum t can)
EXTRA GREENWASTE additional charge per 33 gallon can or equivalent volume per collection (minimum t tan)
SWITCH WASTE WHEELER SIZES MORE THAN ONCE PER 12 MONTHS
$40.58 per white good, couch, or hide -a -bed (once a month)
$11.60 per mattress, boxspring, or small chair, TV, microwave
Proposed Rate Schedule for Integrated Solid Waste Services effective 2-1-2006
LJ
® Exhibit A
CITY OF MORRO BAY
Ll
1
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 12 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 $55.81. 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)
Sae of
container
COLLECTIONS PER WEEK
cubicyards)
1 2 3 4 5 6 7
1
1.5
INCLUDED'
$25.14
$32.391
$40.64
F $46.91
1 $-58-46-1
$88.32
INCLUDED'
$32.72
$43.93
$55.81
$67.05
$79.91
$117.23
2
INCLUDED'
$41.62
$55.81
$71.00
$86.84
1 $102.68
$147.46
1
3
$30.73
$55.81
$78.581
$99.721
$129.081
$148.88
$201A3
4
$40.64
$75.62
$104.991
$140.291
$175.62
1 $198.71
$258.41
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 $5.78 per month rental fee if you want a blue steel bin
The $5.78 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 $47.76 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 2-1-2006
RESOLUTION NO.02-06
RESOLUTION APPROVING FORMATION OF UNDERGROUND UTILITY
DISTRICT NO.7
The City Council,
City of Morro Bay, California
WHEREAS, it has been determined to be in the interest of public necessity,
health and welfare to require the removal of poles, overhead wires and associated
structures and the installation of underground wires and facilities for supplying electric,
communication, or similar or associated services within that certain area of Morro Bay as
follows:
those lands adjacent to Main Street from Dunes Street to State Highway 1 and
adjacent to Beach Street from Main Street to West Street; and
WHEREAS, conversion of overhead utilities in said area to underground is in the
general public interest in order to avoid or eliminate an unusually heavy concentration of
electrical distribution facilities, because the streets or road rights -of -way are extensively
used by the general public and carry a heavy volume of vehicular traffic and the streets or
-road rights -of --way adjoin or pass through a civic area or public recreation area or an area
of unusual scenic interest to the general public: and
WHEREAS, pursuant to California Public Utilities Commission (CPUC) Rule
® 20A, the Department of Public Services has consulted with the affected utility companies
regarding the formation of the proposed underground district; and
WHEREAS, pursuant to CEQA Guidelines Section 15302 said tasks cannot be
expected to have an adverse impact upon the environment; and
WHEREAS, a public hearing was held on the matter and all interested property
owners and persons and properties have been duly notified and given the opportunity to
be heard; and
WHEREAS, the City Council has taken and considered evidence in the matter.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that
Underground Utility District Number 7 is herewith formed pursuant to Morro Bay
Municipal Code (MBMC) Section 13.16.060. Attached hereto, marked as Exhibit "A"
and herewith incorporated by reference, is a map delineating the boundaries of said
District; and
BE IT FURTHER RESOLVED, the City Council does hereby fix the date of
January 9, 2010 as the date all property owners within said District must be ready to
receive underground service; and
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Resolution No. 02-06
Page Two
BE IT FURTHER RESOLVED, that the electric utility which undertakes the
underground installation of its facilities shall use the. underground conversion allocation
computed pursuant to decisions of the CPUC for the purpose of providing to each of the
premises in Underground District Number 7 a maximum of one hundred (100) feet of
individual service trenchirig and conductors, including backfill, paving and conduit, if
required and to accept the new underground service facilities pursuant to CPUC Advice
Letter 1930-E. All other serving utilities shall provide service trenching and conductors
in accord with their respective tariffs on file with the CPUC or as required by their
Franchise Agreement with the City; and
BE IT FURTHER RESOLVED, the City. Clerk shall provide notice to affected
property owners and utility companies of this action pursuant to MBMC Section
13.16.100.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting
thereof held on the 9ih day of January 2006 by the following vote:
AYES:
NOES:
ABSTAIN
ATTEST:
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
1.. • 1.�
BRIDGEA—BAUER, City Clerk
RESOLUTION NO. 01-06
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
CITY COUNCIL
City of Morro Bay, California
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 fast 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
9th day of January, 2006, by the following vote to wit:
AYES:
NOES:
ABSENT:
Baxley, DeMeritt, Peirce, Peters, Winholtz
None
None
BRIDGE AUER, City Clerk
® December 20, 2005 CITY OF MORRO BAY
STATEMENT OF INVESTMENT POLICY
Introduction
Monies not required for immediate expenditure by the City of Morro Bay shall be invested in
compliance with governing provisions of law (including Section 53600 of the Government Code)
and this Investment Policy.
Policy
It is the policy of the City of Morro Bay to invest funds in a manner which will provide the highest
investment return with the maximum security while meeting the daily cash flow demands of the city
and conforming to all federal, state and local statutes governing the investment of public funds.
Scope
This investment policy applies to all financial assets of the City of Morro Bay. These funds are
accounted for in the City s Comprehensive Annual Financial Report and include:
® Funds:
General Fund
Special Revenue Funds
Enterprise Funds
Capital Project Funds
Trust and Agency Funds
Internal Service Funds
And any other fund maintained by the
City, unless specifically exempted.
Prudence
Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the probable safety of their capital as well as their
probable income to be derived.
The standard of prudence to be used by investment officials shall be the "prudent person" standard
and shall be applied in the context of managing an overall portfolio. Investment officers acting in
accordance with the investment policy and exercising due diligence shall be relieved of personal
responsibility for an individual security's credit risk or market price changes, provided deviations
® C.\Fn.ESXMSWOPDWNPOUCUNVPOLCY.INV.dm
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Statement of Investment Policy
City of Morro Bay, California
January, 2006
from expectations are reported in a timely fashion and appropriate action is taken to control adverse
developments.
Obiective
The primary objectives, in priority order, of the City of Morro Bay's investment activities shall be:
Safety: Safety of principal is the foremost objective of the investment program. Investments of the
City of Morro Bay shall be undertaken in a manner that seeks to ensure the preservation of capital in
the overall portfolio. To attain this objective, diversification is required in order that potential losses
on individual securities do not exceed the income generated from the remainder of the portfolio.
Liquidity: The City of Morro Bay's investment portfolio will remain sufficiently liquid to enable the
city to meet all operating requirements which might be reasonably anticipated.
Return on Investments: The City of Morro Bay's investment portfolio shall be designed with the
objective of attaining a rate of return throughout the budgetary and economic cycles, commensurate
with the city's investment risk constraints and the cash flow characteristics of the portfolio.
Delegation ofAuthority
Pursuant to Section 53607 of the Government Code, the Treasurer of the City of Morro Bay shall be
delegated authority and assume full responsibility for investing and reinvesting idle funds of the city.
In accordance with SB 109, Chapter 749, 1996 statutes, the City Council shall annually delegate such
authority and responsibility, subject to review. In further accordance with SB 109, the City Council is
trustee and therefore fiduciary subject to the prudent investor standard and, delegation of authority to
the Treasurer does not relieve the City Council of that trustee role.
Ethics and Conflict oflnterest
Officers and employees involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program, or which could impair
their ability to make impartial investment decisions. Employees and investment officials shall
disclose to the City Manager any material financial interests in financial institutions that conduct
business within this jurisdiction, and they shall further disclose any large personal
financial/investment positions that could be related to the performance of the City of Morro Bay,
particularly with regard to the time of purchases and sales.
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® Statement of Investment Policy
City of Morro Bay, California
January, 2006
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 (not exceeding 40% of portfolio/ max maturity 180 days)
Money Market funds whose portfolios consist of the foregoing (not exceeding 20% of portfolio)
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
® C:\Fa.FS\MSWORD\FINPOLIC\INPOLCY.INV.dw
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® Statement of Investment Policy
City of Morro Bay, California
January, 2006
California Local Agency Investment Fund, no more than 40% of the city's total investment pool will
be invested in a single security type or with a single financial institution.
Reporting
The Treasurer is charged with the responsibility of making a monthly investment portfolio report to
the City Council of the City of Morro Bay. The monthly report shall include an accounting for all
cash and investments in the portfolio and shall include both cost and marked -to -market value as of
the end of the monthly reporting period.
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
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® Statement of Investment Policy
City of Morro Bay, California
January, 2006
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.
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E
Statement of Investment Policy
City of Mono Bay, California
January, 2006
Money Market: The market in which short-term debt instruments are issued and traded.
Portfolio: The collection of securities held by an investor.
Safekeeping: A service rendered by banks for a fee whereby securities and valuables of all types
are held in the bank's vault for protection.
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