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HomeMy WebLinkAboutResolution 01-10 to 64-10RESOLUTIONS 2010 NO. TITLE ADOPTED 61-10 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS TO THE RURAL TRANSIT FUND GRANT PROGRAM 11-08-10 62-10 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY ON THE 2-N° DAY OF NOVEMBER, 2010; DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 12-08-10 63-10 RESOLUTION DECLARING CONCERNS REGARDING THE INSTALLATION OF PG&E "SMART METERS" -IN MORRO BAY 12-08-10 ® 64-10 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO BOATING SAFETY & ENFORCEMENT GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS 12-13-10 cl 11 11 RESOLUTIONS 2010 NO. TITLE ADOPTED 52-10 RESOLUTION APPROVING THE PARCEL MAP MB 10-0069 AND ACCEPTING THE ABANDONMENT OF RIGHT-OF-WAY AND EASEMENTS 10-I1-10 53-10 RESOLUTION IN SUPPORT OF PROPOSITION 21 THE STATE PARKS AND WILDLIFE CONSERVATION TRUST FUND ACT OF 2010 10-25-10 54-10 RESOLUTION APPROVING A SIX-MONTH LICENSE AGREEMENT TO ALLOW MOORAGE FOR TWO VESSELS OWNED BY AIS CONSTRUCTION 10-25-10 55-10 RESOLUTION APPROVING AMENDMENT #5 TO THE LEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W LOCATED AT 833 EMBARCADERO 10-25-10 56-10 RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND SEA ONE SOLUTIONS LLC, FOR LEASE SITES 124-128/124W-128W AND 113W LOCATED AT 1215 EMBARCADERO 10-25-10 57-10 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A VESSEL TURN -IN PROGRAM CONTRACT WITH DEPARTMENT OF BOATING & WATERWAYS 10-25-10 58-10 RESOLUTION DETERMINING THAT ISSUANCE OF AN ABC PERMIT FOR A WINE TASTING ROOM LOCATED AT 1099 EMBARCADERO WOULD SERVE AS A PUBLIC CONVENIENCE OR NECESSITY 10-25-10 59-10 RESOLUTION ACCEPTING S100,000 GRANT FROM THE STATE OF CALIFORNIA CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM 11-08-10 60-10 RESOLUTION APPROVING ADJUSTMENTS TO LEASE SITE MAPS, LEASE SITES 113W AND 122W -129W 11-08-10 ® RESOLUTIONS 2010 �J NO. TITLE ADOPTED 45-10 RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 09-13-10 46-10 RESOLUTION AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL IN REGARD TO CALLING CLOSED SESSION MEETINGS; IN REGARD TO ALL REAL PROPERTY CONTRACTS GOING TO CLOSED SESSION PRIOR TO OPEN SESSION; IN REGARD TO COUNCIL LIAISONS TO ADVISORY BOARDS; AND, IN REGARD TO CITY COUNCIL INPUT ON HIRING AND EVALUATION OF DEPARTMENT HEADS 09-27-10 47-10 RESOLUTION APPROVING CONTINUATION OF THE 2009/10 DEFERRAL OF MANAGEMENT AND EXECUTIVE 3% COST -OF -LIVING ADJUSTMENT 10-11-10 48-10 APPROVAL OF A LEASE AGREEMENT FOR LEASE SITE 65-66/65W-66W, LOCATED AT 571 EM 3ARCADERO BETWEEN THE CITY AND ABBA IMANI 10-11-10 49-10 AWARD OF CONTRACT FOR PROJECT #MB-2010-HI WHARF REMOVAL PROJECT 10-11-10 50-10 RESOLUTION IN SURRPORT OF PROPOSITION 22 - THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 10-11-10 51-10 RESOLUTION DECLARING EXISTENCE OF GULLS AT BAYSHORE VILLAGE EXEMPT FROM MORRO BAY MUNICIPAL CODE 7.16.025 AND AUTHORIZING THE HOMEOWNERS ASSOCIATION TO REMOVE GULL NESTS FROM THEIR PROPERTY 10-11-10 ® RESOLUTIONS 2010 11 NO. TITLE ADOPTED 38-10 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-28-10 39-10 RESOLUTION APPROVING AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 96/96W LOCATED AT 945 EM 3ARCADERO WITH FLYING DUTCHMAN ENTERPRISES 06-28-10 40-10 RESOLUTION DECLARING ITS INTENTION TO ADOPT AN ORDINANCE INCREASING THE ASSESSMENT ON LODGING BUSINESSES WITHIN THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT, AND FIXUNG THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 07-12-10 41-10 RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN SAN LUIS OBISPO COUNTY 07-12-10 42-10 RESOLUTION AMENDING THE BY-LAWS FOR THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT IN RELATION TO BOARD DESIGNATIONS 08-09-10 43-10 RESOLUTION ACCEPTING A CALIFORNIA DEPARTMENT OF PUBLIC HEALTH GRANT FOR MODIFICATIONS TO THE DESALINATION PLANT 08-23-10 44-10 RESOLUTION AWARDING THE CONTRACT FOR THE NORTH MAIN STREET RULE LANE AND STREET IMPROVEMENTS 08-23-10 ® RESOLUTIONS 2010 NO. TITLE ADOPTED 31-10 RESOLUTION ADOPTING REVISIONS TO THE MASTER FEE SCHEDULE 06-28-10 32-10 RESOLUTION ESTABLISHING THE ANNUAL PROPOSITION 4 APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2010/11 06-28-10 33-10 RESOLUTION APPROVING THE PARCEL MAP FOR A 3-LOT RESIDENTIAL SUBDIVISION KNOWN AS PM MB 07-0232 AND ACCEPTING THE OFFER OF DEDICATION OF A PUBLIC PEDESTRIAN EASEMENT 06-28-10 34-10 RESOLUTION APPROVING THE PARCEL MAP FOR A 3-LOT RESIDENTIAL SUBDIVISION KNOWN AS PM MB 09-0091 AND ACCEPTING THE OFFER OF DEDICATION OF A PUBLIC PEDESTRIAN EASEMENT 06-28-10 35-10 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR CITY RIGHT-OF-WAY AND PUBLIC SIDEWALK PURPOSES ALONG THE WEST AVENUE FRONTAGE OF 1155 WEST AVENUE 06-28-10 36-10 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR CITY RIGHT-OF-WAY AND PUBLIC SIDEWALK PURPOSES ALONG THE EMBARCADERO ROAD FRONTAGE OF 560 EMBARCADERO ROAD 06-28-10 37-10 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-28-10 a ® RESOLUTIONS 2010 NO. TITLE ADOPTED 24-10 RESOLUTION SUPPORTING THE PROTECTION OF WHALES AND OPPOSING THE RESUMPTION OF COMMERCIAL WHALING AND TEN-YEAR QUOTAS FOR GRAY WHALES AS PROPOSED BY THE INTER- NATIONAL WHALING COMMISSION 05-10-10 25-10 RESOLUTION AUTHORIZING PARTICIPATION IN THE SAN LUIS OBISPO COUNTY ENERGY WATCH PROGRAM 05-24-10 26-10 RESOLUTION ESTABLISHING A PROCEDURE FOR REQUESTING MEASURE Q FUNDING DURING THE ANNUAL BUDGET PROCESS 05-24-10 27-10 RESOLUTION ESTABLISHING PARAMETERS FOR ® USE OF THE GENERAL FUND (ACCUMULATION) RESERVE 05-24-10 28-10 RESOLUTION ADOPTING THE OPERATING BUDGETS AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2010/11 FOR THE CITY OF MORRO BAY 06-14-10 29-10 RESOLUTION SUBMITTING TO THE VOTERS A BALLOT MEASURE PROHIBITING MEDICAL MARIJUANA DISPENSARIES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010; AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE 06-14-10 30-10 RESOLUTION APPROVING A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 105.1W LOCATED ADJACENT TO 1001 FRONT STREET BETWEEN MICHAEL AND ORIETTA DEGARIMORE AND ALAN AND WENDY RACKOV, DOING BUSINESS AS LOST ISLE ADVENTURES 06-14-10 L� ® RESOLUTIONS 2010 NO. TITLE ADOPTED 15-10 RESOLUTION IlVITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-12-10 16-10 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-12-10 17-10 RESOLUTION APPROVING THE FINAL MAP FOR TRACT 2978 04-12-10 18-10 RESOLUTION COMMENDING POLICE VOLUNTEER ® KEN VESTERFELT 04-12-10 19-10 RESOLUTION COMMENDING CORRINE BLACK 04-12-10 20-10 RESOLUTION APPOVING A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 113W BETWEEN VIRG'S FISH'N, INC. AND ALAN AND WENDY RACKOV, DBA LOST ISLE ADVENTURES 04-12-10 21-10 AUTHORIZATION OF ONE-TIl1IE RENT CREDITS FOR CERTAIN CITY TIDELANDS LEASE SITE TENANTS TO REDUCE VACANCIES ON THE EMBARCADERO AND STIMULATE BUSINESS 04-12-10 22-10 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND 05-10-10 23-10 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL ® AREA 05-10-10 ® RESOLUTIONS 2010 NO. TITLE ADOPTED 07-10 RESOLUTION AUTHORIZING STAFF TO SUBMIT THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR GRANT FUNDS TO EXECUTE THE PROPOSED 04PROVE- MENTS IDENTIFIED IN THE CALIFORNIA ENERGY COMMISSIONS "ENERGY AUDIT LETTER REPORT" 02-08-10 08-10 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS TO THE RURAL TRANSIT FUND GRANT PROGRAM 02-22-10 09-10 RESOLUTION AWARDING INVITATION FOR BID NO. T1-09 TO PURCHASE ONE NEW LIFT -EQUIPPED TROLLEY 02-22-10 ® 10-10 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE 86/86W LOCATED AT 801 EMBARCADERO FROM CALDWELL AND REDICAN TO CALDWELL 02-22-10 11-10 RESOLUTION ADDING AND AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING EXPENSE REUIfBUSEMENT POLICY FOR ELECTED AND APPOINTED OFFICIALS, CITY LETTERHEAD AND COUNCIL COMPENSATION COMMITTEE 02-22-10 12-10 RESOLUTION AUTHORIZING SACRAMENTO COUNTY TO RECEIVE THE SUPPLEMENTAL ENERGY PROGRAM GRANT ON BEHALF OF THE CITY OF MORRO BAY 02-22-10 13-10 RESOLUTION ESTABLISHING THE PARAMETERS FOR THE RISK MANAGEMENT FUND 02-22-10 14-10 RESOLUTION AUTHORIZING THE ACTING PUBLIC SERVICES DIRECTOR TO EXECUTE THE AGREEMENT ASSOCIATED WITH THE ARRA FUNDED NORTH ® MAIN STREET TRANSPORTATION PROJECT 03-22-10 RESOLUTIONS 2010 NO. TITLE ADOPTED 01-10 RESOLUTION APPROVING THE APPLICATION FOR PROPOSITION 84, STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM OF 2008 AND NATURE EDUCATION FACILITIES GRANT PROGRAM FUNDS FOR THE TEEN CENTER MASTER PLAN 01-11-10 02-10 RESOLUTION DECREASING THE PARKING IN -LIEU FEES FOR 600 MORRO BAY BOULEVARD TO FOUR THOUSAND DOLLARS ($4,000) PER SPACE 01-11-10 03-10 RESOLUTION ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY 01-25-10 ® 04-10 RESOLUTION IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010 01-25-10 05-10 RESOLUTION AUTHORIZING THE MID -YEAR 2009/10 AMENDMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT BUDGETS 02-08-10 06-10 RESOLUTION CALLING A PRIMARY ELECTION TO BE HELD ON TUESDAY, JUNE 8, 2010 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON JUNE 8, 2010 02-08-10 RESOLUTION NO. 64-10 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO BOATING SAFETY & ENFORCEMENT GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS THE CITY COUNCIL City of Morro Bay, California WHEREAS, City of Morro Bay (City) applied for a grant from the California Department of Boating and Waterways (DBW) under the Boating Safety and Enforcement (BS&E) grant program; and WHEREAS, DBW awarded a grant of $6,700 under the BS&E program for purchase of miscellaneous patrol vessel electronic equipment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay is hereby authorized to enter into BS&E contract #10-204-782 with DBW for purchase and installation of patrol vessel electronics; and BE IT FURTHER RESOLVED, that Harbor Operations Manager Eric Endersby ® is hereby. authorized to act as the City's agent in regard to all aspects of the grant agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of December, 2010 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: BOUCHER, Deputy City Clerk ® RESOLUTION NO.6340 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY; CALIFORNIA DECLARING CONCERNS REGARDING THE INSTALLATION OF PG&E "SMART METERS" IN MORRO BAY THE CITY COUNCIL City of Morro Bay; California WHEREAS, on July 20, 2006, the California Public Utilities Commission approved the request of Pacific Gas & Electric (PG&E) to install advanced metering infrastructure (AMI), which includes replacing existing electric meters with so-called "Smart Meters"; and WHEREAS, the_City Council understands that PG&E has begun installing the Smart Meters in the San Luis Obispo area; and WHEREAS, citizens of Morro Bay have expressed concerns about the installation of Smart Meters relating to health concerns and privacy; and WHEREAS, the City Council understands the Public Utilities Commission, in ® approving the Smart Meters program, did not consider possible health impacts or give adequate consideration to privacy concerns; and WHEREAS, the meters will be installed on private property and many homeowners and businesses have no knowledge of the planned installation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that I. The City of Morro Bay urges PG&E not to install any Smart Meters, repeaters, antennas and any related wireless equipment in Morro Bay until AB 37 is addressed by the State Legislature and PG&E has provided local residents additional information on the planned installation. 2. The City of Morro Bay urges PG&E and the California Public Utilities Commission to provide an appropriate mechanism and forum for local residents to voice their positions for or against Smart Meters before any Smart Meters are installed in Morro Bay. 3. The City Council of Morro Bay urges PG&E to modify its Smart Meters program to provide that individuals may choose not to have wireless Smart Meters installed on their properties or use hard wire types. 4. The City Council of Morro Bay urges PG&E to incorporate strict privacy protections for Smart Meter customer data. 11 I] r Resolution No. 63-10 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at regular meeting thereof held on the 8th day of December, 2010 on the following vote: AYES: Smukler, Winholtz, Peters NOES: Borchard, Grantham ABSENT: None ATTEST: -�"4GE BRIDGE KESSL City er C"�A ® RESOLUTION NO.62-10 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 2nd DAY OF NOVEMBER, 2010; 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 2, 2010 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 2, 2010 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: 1. 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. 11 ® Resolution No. 62-10 Page Two 3. That said General Municipal Election was also held for the purpose of voting on the following measure as submitted to the electors of said City: MEASURE ` B-10" Shall an ordinance be adopted to prohibit Medical Marijuana Dispensaries in the City of Morro Bay? 4. That the names of the persons voted for at said election for the Mayor are as follows: William Yates Betty Winholtz 5. That the names of the persons voted for at said election for Council Member of said City are as follows: ® D'Onna Kennedy Nancy Johnson George Leage Jack Smith 6. The City Council does declare and determine that: WILLIAM YATES was elected as Mayor of said City for the full term of two years. NANCY JOHNSON was elected as Council Member of said City for a full term of four years. GEORGE LEAGE was elected as Council Member of said City for a full term of four years. The required number of qualified voters voting on MEASURE `B-10" relating to prohibiting Medical Marijuana Dispensaries in the City of Morro Bay did not vote in favor thereof, and said measure did not carry. 11 Resolution No. 62-10 Page Two 6. At said election the names of the persons voted for and the numbers of votes given each person are as set forth in the attached certification. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by vote -by -mail voters of the City was and is set forth in the attached certification. 8. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected 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 8's day of December 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None J CE PETER , Mayor ATTEST: E ® CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 2, 2010 CONSOLIDATED GENERAL ELECTION CITY OF MORRO BAY C E 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 2, 2010, 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. d and Official Seal this 23rd day of November, 2010. C_ 4LD, County Clerk -Recorder ® CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF MORRO BAY MEASURE B-10 CONSOLIDATED GENERAL ELECTION NOVEMBER 2, 2010 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 2, 2010, 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 B-10: Shall an ordinance be adopted to prohibit Medical ® Marijuana Dispensaries in the City of Morro Bay? my hand and Official Seal, this 23rd day of November, 2010 RODEWALD, County Clerk -Recorder E s f =_ _. 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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Public Services Director, or his duly appointed representative, is authorized to submit applications to the Rural Transit Fund for the following projects: operating assistance for the Morro Bay Transit and purchase of Volley stop information display cases. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8'b day of November, 2010 on the following vote: AYES: Borchard, NOES: None ABSENT: None ATTEST: Grantham, Smukler, Winholtz, Peters BRIDGE4 KESSLJNG, ® RESOLUTION NO.60-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING ADJUSTMENTS TO LEASE SITE MAPS, LEASE SITES 113W AND 122W THROUGH 129W THE CITY COUNCIL City of Morro Bay, California WHEREAS, on December 9, 1974, the City Council approved the "Lease Site Maps" dated November 1974; and WHEREAS, the "Lease Site Maps" have been revised at various times by the City Council of Morro Bay to reflect new lease sites and adjustments in lease site boundaries; and WHEREAS, City desires to adjust the boundaries to accommodate new uses by existing and future leases; and WHEREAS, the said map clearly identifies each lease site and its boundaries for easy reference and access. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California does hereby adjust the boundaries of lease sites: 113W and 122W through 129W, and herby designates the attached "Exhibit A -Revision to Lease Site Maps" as the official reference document for said lease sites. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8`s day of November, 2010 by the following vote: AYES: Borchard, Grantham Smukler, Winholtz, Peters NOES: None ABSENT: None Ll I,] � 0 RESOLUTION NO. 59-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ACCEPTING $100,000 GRANT 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 2010-2011 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 or actual grant funds received; and WHEREAS, the required public hearing has been held. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the expenditure of those funds is hereby authorized 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 thereof held on the S's day of November 2010, on the following vote: AYES: Borchard, Grantham Smukler, Winholtz, Peters NOES: None ABSENT: None J CE PETERS, Oayor /.•11011* IN RESOLUTION NO. 58-10 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DETERMINING THAT ISSUANCE OF AN ABC PERMIT FOR A WINE TASTING ROOM LOCATED AT 1099 EMBARCADERO WOULD SERVE AS A PUBLIC CONVENIENCE OR NECESSITY THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, Giovanni Michael Degarimore applied for a Department of Alcoholic Beverage Control Permit for a Wine Tasting Room located at 1099 Embarcadero; and, WHEREAS, the permit is automatically denied by the Department of Alcoholic Beverage Control due to an "undue concentration of alcohol licenses" in this census tract; and, WHEREAS, in order for the Department of Alcoholic Beverage Control to issue the license, the local governing body must determine that the public convenience or necessity would be served by issuance of the license and pass a resolution stating such; and, ® WHEREAS, after review by the Police Department there are no significant concerns in regard to the opening of a Wine Tasting Room at this location. Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the public convenience or necessity will be served by issuance of license from the Department of Alcoholic Beverage Control for a wine tasting room at 1099 Embarcadero. BE IT FoRTHER RESOLVED by the City Council of the City of Morro Bay, California, that this action support new business in Morro Bay and is in conformance with the goals set by the Morro Bay City Council to "develop ways to be attractive to new businesses". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25 s day of October 2010 on the following vote: AYES: NOES: ABSENT: is �.GETI(` Borchard, Grantham, Smukler, Winholtz, Peters NONE NoNE ® RESOLUTION NO.57-10 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO VESSEL TURN -IN PROGRAM (VTJP) CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS THE CITY COUNCIL City of Morro Bay, California WHEREAS, City of Morro Bay (City) applied for a grant from the California Department of Boating and Waterways (DBW) under the Vessel Turn -In Program (VTIP); and WHEREAS, DBW awarded a grant of $10,000 under VTIP to the City for removal of surrendered vessels prior to abandonment; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that the City of Morro Bay is hereby authorized to enter into VTIP Contract #10-214-521 for removal of surrendered vessels in the amount of $10,000. BE IT FURTHER RESOLVED, that Harbor Operations Manager Eric Endersby is hereby authorized to act as the City's agent in regards to all aspects of the grant agreement, and that a $1,000 transfer of funds from the Harbor Accumulating Fund is authorized to cover the City's 10% funding match. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of October, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None r1100LIN • RESOLUTION NO.56-10 APPROVAL OF A LEASE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND SEA ONE SOLUTIONS (SOS) LLC, FOR LEASE SITES 124-128/124W-128W AND 113W LOCATED AT 1215 EM 3ARCADERO 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 124-128/124W-128W and 113W: and WHEREAS, Darby Neil is the current tenant on Lease Site 124-128/124W-128W; and, WHEREAS, Virg's Fish'n, (Darby Neil and Sharon Moore), is the current tenant on Lease Site 113W; and WHEREAS, Conditional Use Permit UPO-058 was approved by the City in 2008 and Coastal Development Permit CDP 3-08-025 was approved by the Coastal Commission in 2009; and relating to redevelopment of the above Lease Sites, WHEREAS, Sea One Solutions LLC, Darby Neil President and Jana Neil Secretary; and the City of Morro Bay have negotiated a new lease agreement for Lease Sites 124-128/124W- ® 128W and 113W based on the City's Harbor Department Lease Management Policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the attached Lease Agreement for Lease Sites 124-128/124W-128W and 113W is hereby approved and 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 thereof held on the 25's day of October, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ® BRIDGE KESSL G, City erk RESOLUTION NO. 55-10 ® APPROVAL OF AMENDMENT #5 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 properties on the Morro Bay Waterfront described as Lease Site 87-88/87W-88W; located at 833 Embarcadero; and, WHEREAS, in 2007 the Morro Bay City Council directed staff to put out a request for proposals for development of said Lease Site; and WHEREAS, on September 24, 2007 the City Council designated Burt Caldwell and Doug Redican as primary proposer for said Lease Site; and WHEREAS, Mr. Caldwell is still working on permitting, specific plans and lease negotiations for the redevelopment; and WHEREAS, the existing lease agreement with Violet Leage expires on March 31.2011: and ® WHEREAS, the City and Ms. Leage have agreed to a nine -month extension to the term of the lease agreement for said Lease Site in order to maintain two successful waterfront business operations on the site while the redevelopment plans and lease negotiations are being finalized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Amendment 95 to the lease agreement for Lease Site 87- 88/87W-88W extending the term of the lease through December 31, 2011 is hereby approved and the Mayor is hereby authorized to execute said Amendment. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 25 day of October, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None AMCE PETS , Mayor ATTEST: • o M KESSPG, ® AMENDMENT #5 LEASE AGREEMENT FOR LEASE SITES 87-88/87W-88W This Amendment #5 (the "Amendment") is made and entered into as of this 25,' day of October , 2010 by and between the City of Morro Bay, a municipal corporation of the State of California (hereinafter "City") and Violet Leage, (hereinafter "Tenant") to amend that certain ground lease for Lease Sites 87-88/87W-88W, between City and Tenant dated April 1, 1970 (the "Lease"). WHEREAS, the City is grantee and lessor of granted Tidelands within the City limits, including those lands known as Lease Sites 87-88/87W-88W, and the adjacent westerly submerged land's, and; WHEREAS, on April 1, 1970 City executed a long-term ground lease for Lease Site 87-88/87W- 88W with UPTE, Inc., which lease was subsequently assigned to Ralph and Shirley Gunther, and; WHEREAS, on February 27, 1976 said lease was amended to clarify building conditions on the site, and; WHEREAS, on September 23, 1997 said lease was assigned from Ralph and Shirley Gunther to George Leage, and; ® WHEREAS, on April 10, 2000 said lease was amended to add a new use "operation of transient occupancy unit" and to require reconstruction of the second floor of the improvements on the site in conformance with CUP 36-99 by March 31, 2003 in consideration of City extending the terms of the lease until September 30, 2018, and; WHEREAS, on June 17, 2003 City extended the deadline for reconstruction of the second floor until December 31, 2004, and acknowledged that CUP 36-99 had expired and was replaced by. CUP 21-02, and; WHEREAS, on April 12, 2004 City approved assignment of the lease from George Leage to his sister, Violet Leage, and; WHEREAS, in 2006 Tenant informed the City that they could not complete the improvements permitted under CUP 21-02; and, WHEREAS, on December 14, 2009 City and Tenant mutually agreed to Amendment #4 to the lease to reset the termination date of the Lease Agreement to March 31, 2011, and; WHEREAS, City is working with another party to develop a Conference Center at this site, and to negotiate a lease agreement for the Conference Center site. The Conference Center is not currently permitted nor has a final lease agreement been approved and cannot reasonably.be expected to begin construction within the next year. NOW THEREFORE, City and Tenant mutually agree to extend the term of the Lease for 9 Ismonths until December 31, 2011 with all other terms and conditions of the lease to remain in full force and effect. AMEAIDMENT45 —LEASE SITE87-88/87W--88W Page 2 of 2 BE IT FURTHER RESOLVED, that if the Conference Center lease agreement is not finalized by 40 March 31, 2011, the City Council -will review the lease agreement for Lease.Site 87-88/87W= 88W to determine if additional extension times shall be granted. IN WITNESS WHEREOF, the parties hereto hereby executethisAmendment. CITY OF MORRO BAY TENANT Violet Leage, Individual Mcl—rea Lueker, City Manager APPROVED AS TO FORM Robert Schultz, City(A rney ATTEST: Bridgett Ke8slin6, El ® RESOLUTION NO.54-10 APPROVAL OF A SIX-MONTH LICENSE AGREEMENT TO ALLOW MOORAGE FOR TWO VESSELS OWNED BY AIS CONSTRUCTION THE CITY COUNCIL City of Morro Bay, California WHEREAS, Resolution No. 112-89 specifies that "Temporary mooring for marine construction equipment or vessels of unusual size, nature or shape may exceed established time limits only as determined by the Harbor Director and depending on the proposed length of stay, purpose of the equipment or vessel, impact on harbor operations, space required and space availability for transient vessels."; and, WHEREAS, AIS Construction has been in the Morro Bay Harbor completing dredging of the Harbor under a contract with the Army Corps of Engineers (ACOE) since fall of 2009; and WHEREAS, said contract between the ACOE and AIS terminates on October 15, 2010; and WHEREAS, AIS Construction has requested they be allowed to moor their excavator barge and its tender vessel in Morro Bay for up to six months; and ® WHEREAS, the City of Morro Bay and AIS have agreed to the terms of a six- month License Agreement to allow moorage for two vessels at a rate of $200 per day. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the attached six-month License Agreement to allow moorage for two vessels owned by AIS Construction is hereby approved and that the Harbor Business Manager is hereby authorized to execute said License Agreement. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 25 day of October, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: WGE KES*SLG6Cijtyrk RESOLUTION NO. 53-10 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF PROPOSITION 21 THE STATE PARKS AND WILDLIFE CONSERVATION TRUST FUND ACT OF 2010 THE CITY COUNCIL City of Morro Bay, California WHEREAS, The City of Morro Bay's tourism based economy, environmental health and quality of life of the residents benefit and are supported by the State Parks system. WHEREAS, California's parks, once considered the best in the nation, are falling apart because of chronic underfunding. Roofs and sewage systems leak, restrooms are not cleaned regularly, bridges have collapsed, trails are washed out, campgrounds and visitor centers _ are shuttered and buildings and structures throughout the system are badly deteriorated; and WHEREAS, Twice in the past two years, state parks were on the brink of being shut down; and ® WHEREAS, Nearly 150 state parks were shut down part time or suffered deep service reductions because of budget cuts, and more park closure proposals and budget cuts are expected this year; and WHEREAS, Thousands of scenic acres are closed to the public because of reductions in park rangers, and crime has more than doubled. Destruction and vandalism of the parks themselves has grown fourfold, and beachgoers are often unprotected because of decreases in lifeguards; and WHEREAS, Proposition 21, The State Parks and Wildlife Conservation Trust Fund, would provide a stable, reliable and adequate source of funding for the state park system for wildlife conservation and for increased and equitable access to those resources for all Californians; and WHEREAS, Funding for the Trust Fund would come from an $18 annual State Park Access Pass surcharge on all California cars, motorcycles and recreational vehicles that would be collected by the Department of Motor Vehicles as part of the annual vehicle license fee; and WHEREAS, California vehicles subject to the State Park Access Pass surcharge' and all occupants of those vehicles would receive free day use admission to all state parks ® throughout the year; and El 11 17J Resolution No. 53-10 Page Two WHEREAS, Every year, there are nearly 80 million visits to state parks, where the abundance of outdoor activities entices visitors to exercise and lead healthier lifestyles; and WHEREAS, Parks contribute to public health by protecting forests and natural areas that are sources of clean air and water and by combating climate change by reducing greenhouse gases; and WHEREAS, Parks protect the state's wide diversity of plants and animals, preserve an unparalleled collection of historic and cultural assets and provide exciting educational opportunities for young and old alike; WHEREAS, The State Parks and Wildlife Conservation Trust Fund would protect California's 278 state parks so that all Californians can enjoy their benefits; THEREFORE BE IT RESOLVED, that the City Council of the City of Morro Bay supports Proposition 21 - The State Parks and Wildlife Conservation Trust Fund Act of 2010. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 25 day of October, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: L �. E E 2 RESOLUTION NO. 52-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING THE PARCEL MAP MB 10-0069 AND ACCEPTING THE ABANDONMENT OF RIGHT OF WAY AND EASEMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, on August 25, 2010 the Director of Public Services conditionally approved the lot line adjustment for 781 Market Avenue; and WHEREAS, the Director of Public Services also 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 Parcel Map; and WHEREAS, the applicant has offered a reservation for a five foot wide pedestrian access easement and public utility easements; and WHEREAS, the recordation of the Parcel 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: 1. The City Council hereby approves the Parcel Map MB 10-0069 abandoning easements and Right of Way and accepts the associated dedication of a public pedestrian easement. 2. The City Council does hereby authorize the Mayor to sign as owner on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11's day of October, 2010 by the following vote: AYES: NOES: ABSENT: Borchard, Grantham Smukler, Peter, Winholtz None E,`J E \-J Z Ef � 4e`;« �E 4q O ° _T •_�3 �a'F 4. � 4 va 'Si a3Laa P=4 4_q�vi $5 pF4Y 4 F 3 EipCp TJ; da:-9�:ss. rn � axE � �- :j � 40 � I � � � 4 Cf�j�R��p��• 4 '63$ D Sp 3A ZED s �• IO asi a= F m OZ O CDZ"�'t g p 2 . €6lA 0 RSI e: " s 4F`_s_ (� °. I "pFps : n O ,;F R E . 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I/ — •= 0 D ix RESOLUTION NO. 51-10 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING THE EXISTENCE OF GULLS AT BAYSHORE VILLAGE EXEMPT FROM MORRO BAY MUNICIPAL CODE 7.16.025 AND AUTHORIZING THE HOMEOWNERS ASSOCIATION TO REMOVE GULL NESTS FROM THEIR PROPERTY THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, Morro Bay Municipal Code Section 7.16.025 states that it is unlawful to damage or destroy the nests or eggs of any wild birds within the City unless the City Council determines by resolution that the birds protected have become so numerous or destructive as to constitute a menace and danger to the public health, safety or property; and, WHEREAS, On September 25, 2010, the City received a correspondence from Bayshore Village Homeowners Association requesting that the Gulls located within their complex be declared a public nuisance and requesting an exemption to allow for the removal of Gull nests from their roofs be granted by the City Council pursuant to Morro Bay Municipal Code Section 7.16.025; and, WHEREAS, on October 11, 2010, the public was given an opportunity to appear and object to the City Council declaring the Gulls within the Bayshore Village a public nuisance and the granting of ® an exemption pursuant to Morro Bay Municipal Code Section 7.16.025; and, WHEREAS, after hearing the evidence and testimony, the City Council determined that the presences of Gulls and their nests at the Bayshore Village Homeowners Association property are hazardous, unsafe, unsightly, unsanitary and constitute a nuisance detrimental to the public health, safety and welfare and the property of others. Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California hereby grants Bayshore Village Homeowners Association an exemption from Morro Bay Municipal Code Section 7.16.025 and allows them to remove the Gull nests from their roofs for a period of 5 years. This exemption applies only to Morro Bay Municipal Code Section 7.16.025 and does not relieve the Bayshore Village Homeowners Association from complying with all other local, state and federal laws. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11`s day of October 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Peters NOES: Winholtz ABSENT: None EXHIBIT A ® CITY OF MORRO BAY Pages 1. Letter to the City of Morro Bay 2. Plot Map of the Bayshore Village Complex 3. Copy of depredation permit from the Federal Dept of Fish and Wildlife. 4.&5. Copy of reasons needed for the Depredation permit to the Federal Dept of Fish and Wiljlife, 6. Copy of correspondence from the State Dept of Fish and Game. , 7. Copy of City Ord stating reasons why they can issue a Resolution. 8. Copy of Bayshore Village Resolution from 2004. E ® To the city of Morro Bay: The Bayshore Homeowners Association would like to renew our Resolution 60-40. The resolution was good for 3 years and has lapsed. We are applying for a new resolution to remove Western Seagull nests. We have applied for and received a Depredation permit #MB20289A-0 from the Federal Dept. of Fish and Wildlife to eliminate 50 Western gulls and continue to haze them in an effort get the 2 colonies to move on. The permit was issued to us because the gulls are causing great danger to public health (Chlamydophila Psittaca) in and around our pool and causing property damage to our complex. Last year we had approximately 35 chicks on our complex of 72 units. We had approximately 14 nests on our roofs. We have tried whirly birds, ridge wires, plastic owls, plastic screeching owls, noise makers, mylar tape on roof ridge lines, metal spiders, plastic spikes, coiled wire in back of chimneys and around our skylights•all to no avail. The State of California Department of Fish and game has issued a statement stating they will honor the Federal -Department of Fish and Wildlife permit The Federal Dept. Has given the permit to remove Western Seagulls any ® way we can. We are purposing only removing nests and eggs giving the adults and chic's a chance to re-establish their colony at some other site. Our last resolution to remove nests did not in any way effect the overall population of the Western seagull in Morro Bay, but helped to have the birds move to a more natural location. In conclusion, we are asking the City of Morro Bay to Renew our lapsed resolution 60-40 or issue a new one. The city ordinance 7.16 gives the city the ability to issue a resolution due to the birds being a danger to public health, safety or property. Our situation certainly fits the Cities criteria for a resolution to remove nests. Your resolution will be in compliance with the Federal Dept of Fish and Wildlife and with the State of Calif. Dept of Fish and Game. William Albrecht, Bayshore Village Homeowners Association 168 Bayshore Dr. Morro Bay, Ca., 93342 LI f-dfi'-i- "?` WED UD: l U i iL3TATE Lp TL-L h� i:1L3_6�a `_�Tl 114Lr.' f-lu Rn 26 m ® J U) '� xO6u>>,D1+J6c. AJvm8ER5 o is' . MAN.. �) OGoRRESFon�D�Nlc To T14E cn -: Pj UIIUi AI It AMC) P2Eml v+T1 -16 - 1 92 >z t �37 pTN. I .:2c.1, � 38. 2174. 22 1p 46 `IT 48 26 j 57_58 ✓I 13 a vl: 12 n pR.1VE SAY 64. m. Z !(na —• r 63. 15 == r 72 62.69. cts,TG .O p 5- -• dH. 59. 60 o CY3 69 A 81. T!• D - rr� 72 21 TR. 729 ....� m._ 4- 7R. 129 N 880I2'57 W '49720, �' E 11 ®MnIBn6ilE wrataR lea USiEMAOYa1niE 50w4 (M1 I AUnOeIYETaMES , FEDERAL F(SH AHD VYILDL FE PERWr to L= Trim raau]m mox Poly raM1H 9)6R a141 SAYSNORE VHIADE HO E "6M ASSOC AIM IQ SAND Pa$t CIRCLE MORRO SAY, CA RMQ USA lE SPY nPI Y0 � r) � 0504rm10 de21nm1 arwal11p11nFarrpQKaiiS1 p'rit�Aeaq •.TSE619arr. . JOCKMOREtEM OEPREd1TM PR®1r .suo. wea.vno®rcmm ra ff meuc�m 72 LkftK 150488 Bayafioie Dr., 154-19D Smdpow L2ae, 11T-148Smx$ripar Chde tfmm Bap. CA 93"2 S San L m ob wo Camp 1 mrmmwmwnwtmiaa¢ ' w ®etaaommeYaurwwwreroffmvRn .msr�cmom¢Lomimwrmeutw3awoaann r emr aI eaia IIE �r wo<�M4r6TO tact!. aL.CM1E4MN�H3E].r1bTEaR®nIA wA740rYYIle WilrE wraei6 06p®w nE I1IgGl0 6mC1�(.ale®101tYIY.QiBEKIL?1FRPHif6®BTiDNNEIEIIOffiiORMItEaTIMLMR�6EaffRQi rClalf'l1E faAaOilLLRaq®6aOWOMpi�OWa ' a lIZ1oG.alYa=i1619Y16Y59 Eaplp®e{qtilCra6Ha111a'EaM19Ra'AwFiOlHil tanE 1pfjaatalQi®9pC Wl. c wn�ugnw3amaew®�eaE O: You era ermla®d fly fake PD Wbotarn Guft ki *m*V agp and dido<to pwI rumen feaM mad safely. Please be adrsed eW . eacheggmdiehis mmldeiedl9d1. UffWracemnoltDbe VeprvnmymeansdmdroL Adwel5. hrasarneri m•aery turf 1e8W !�mffiwidb=ift* 1o1 5 VMG Y- - bAma(nagfelmpbW& Dm1oratla9onof a wdrnrf&aedhelfim, tmasmeii. and awknimi cmnmcom dme® the tarn of aft pclrel rffl be nervy o tale..•: E. Arrf pere rho is (1) anpbyed by er udo oormam to youfor Ve acovi8es epedfied ineea pamt or (2) aelawise desig I h yal in .IM; may msidae the mdlwey deft pwn F. Yoe and mly tWpmm9ieft rt0®t=.q* w1 l Um mtaded SWndmd Carfiae fa Migratmy Md DepmdaBm Panda Far enteeated meld aedrby, i 0 1 13 wldsa! LW= tar Eidbi at 9164i44M .. •aaanra ranrns.orraoe�naaratwxi w;imae r�raeleru ANNUL R BIORT DUE O=l PEyeefSPEQCLST-RYS REGIlIB 0&24r2mD . ® Information needed for the Depredation Permit 1. The species is the Western Gull. 2. Property is located at: (72 Units within the complex) 150-188 Bayshore Dr., 154-190 Sandpiper Lane, 11.7-148 Sandpiper Circle. 3. Damage is as follows: a. We have severe roof damage from the seagull activity. b. Damage has been getting worse the last 6-8 years. c. The problem times are from March- September. d. We have had health issues due to the feces in the spa and swimming pool and the surrounding area e. We have several owners that are not able to live on the premises during the nesting season due to Parrot Flu (Chlamydophila Psittaca) like Symptoms caused by the seagull feces.: 4. a. Approx. $10,000 has been spent in the last 10 years on various items ® used to deter the seagull activity. b. An unknown amount of money has been spent by numerous homeowners for doctor bills due to seagull feces causing health problems. 5. The Homeowners Assoc. has tried to eliminate the seagull problems in the following ways. a Monofilament lines over the skylights for the last 6years. b. Ridge wires with additional wires 1' down on each side for the last 5 years. c. Coiled wire in back of the chimneys for the last bears. d. Spikes on the Chimney caps and roof vents for the last 8 years. e. Wires over the pool area for the last 6 years. i Solar whirly birds in various places last 4 years. g. Metal spiders in back of the skylights and in various places for the last 4 years. h. Predator noise makers for the last 1 year. i. Plastic screeching rotating owls last 5 years. is j. Laser lights for 1 year. ® 6. a. The Homeowners Association is proposing eliminating the nests to alleviate the problem. b. TheHOAis proposing removing the nests and destroying the eggs by getting on the roofs. 7. Our long term measure is to keep removing the nests/eggs, use predator sounds and laser lights. 8. N/A 9. After the HOA get the depredation permit we will be getting a local contractor to do the Nest/ egg removal. The HOA has not applied for any bids at this time, we are waiting for the permit. When the removal starts HOA officer will supervise the operation. 10. The records will be retained and kept on the premise. 11. No State permits are required. We will be getting a resolution from the city of Morro Bay once we obtain the depredation permit. l El Windows Live Hobnail Print Message. (No Subject) From: Bill Albrecht (avantibn@msn.com) ® Sent: Sun 9/19/10 2:53 PM To: Bill Albrecht (avantibn@msn.com) 11 Page 1 of I From:-jack@jackmorehead.net To: hkeebaugh@aol.com; avantibn@msn.com; RISendall@att.net; cncunger@charter.net; craigbuoy@hotmail:com; jack@jackmorehead.net Subject: Gull depredation permit Date: Mon, 13 Sep 2010 16:07:52 -0700 I talked today with Doug Kelly, CA Dept. of Fish & Game (831-649-2870). He's a supervisor in the Enforcement Division of the Central Region of CA F&G, which includes SLO county. He said that as long as we have the Federal F&WS permit for removing nests and eggs, it's totally OK with the State. I asked him if I could get something in writing to that effect, but he said it wasn't at all necessary (I got the impression he probably avoids paper work). I asked him how we could contact the local warden to inform them that we had the F&WS permit, and he said that there wasn't really any "local' warden. It just depends on who is on duty and assigned to our area at that particular time. He said that when we actually start removing the nests and eggs next spring, We should call their Dispatcher (831-649-2810) and inform them we were going to start, we have a permit, and that he (Kelly) had told us it was all clear with the State. The Dispatcher can then pass that on to any -wardens in the area. Jack ,..,_..,,__, In... .,tl IO.Mail.live.com/mail/PrintMessages.aspx?cpids=446e4l58-c438-1ldf-8337-002264... 9/19/201 7.16.010 ® Chapter-716 M V:I3' I1, ' 1 I I R I TWINn31; 11:4 0, Sections 7.16MO Awls and poultry at hags. 716.020- Wild bird say. 716=5 Molesting wild birds —Nuisance remedies. 716MO Poultry, rabbits and otbes fowl 716040 T F6st ,,.4 716MS Seeping of pygmy fivestoCL 7.16A10 A and poultry at large. No pesos shall allow or putt any livestock, poulry, fowl, or other household pets, to run at largo upon any public strut air place. of to trespass upon the property of another. (Ond 480 (part), 20M Ond. 234 (part). 1982) 71LM Wild bud wary. The cry is domed a bad smxmuy,-jnd signs bearing the legend `Moro Bay is a bird sanctuary" shall be placed at appmpriaft locations at or near the cry limits at princW entrances to the city. (Ord. 480 (km. 20M 716.T Molesting wild birds—blbmsane a remedies. . No Peron dmB trap, shoot, lam, molest. injm or kill, any wild leads. or tamper, damage or destroy the nests or eggs of airy wild bads within the city. Should the city cow dcteae by nsohdiem that bads protected u d this have become so or destructive in any pi meuhar location or area as to constitute a ma mm and daoga to the po6Fe herb&, safely err pmpaty, the commit may povWc for such rcmediesappropriate u the the . (Ord. 480 (part] 2000) 716" Poultry, rabbits and other fowl A No person *&kxp.upopx any peemises in the city mat: than twelve of any poultry, rabbits. or Other fowl.• . 1. Within fifty feet of any dwelling; and 2. The owner or person in charge of such rabbitspoultry or other fowl kept in the city shall provide suitable houses or cotes with Board or cement Boars in each and every house and cote and such houses, cotes or peas sh aU at all times be kept clean. . B. No master overfoor mrffiths old sh&U be kept on aay premism in the city, thepaemises involved is operating on a conmutcial basis or is an an agricultural zoned parcel in canfe®ance with existing zoning rrgnlateons and state statates governing such commercial operatkm (Ord. 480 (part), 2000; Ord: 234 (past), 1982) 716.M livestock. A _ _ Except as otherwise permitted m this ehapt z� no person shall own, io eN maim, state or pastae any bovine, midb, sheep, goat, horse or other livestock upon any premises in the city unless clue lot or parcel size is a miqbmm twenty thousand square feet or, the parcel is m a propmdy zoned agricultural district in 132-3 Odwo gn &W) RESOLUTION NO. 60-04 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING THE EXISTENCE OF GULLS AT BAYSHORE HOMEOWNERS EST FROM MORRO BAY MUNICIPAL CODE 7.16.025 AND AUTHORIZING THE OWNERS TO REMOVE GULL NESTS FROM THEIR PROPERTY THE CrrY Courim CrrY of MORRo BAY, CAuFORmA WrtERFA.s, Morro Bay Municipal Code Section 7.16.025 states that it is unlawful to damage or destroy the nests or eggs of any wild birds within the City unless the City Council determines by resolution that the birds protected have become so numerous or destructive as to constitute _a menace affd "danger t6 the public health, safety ar property; and, WHERzAs, On June 21, 2004, the City received a correspondence from Bayshore Homeowners Association requesting that the Gulls located within their complex be declared apublic nuisance and requesting an exemption to allow for the removal of Gull nests from their roofs be granted by the City Council pursuant to Morro Bay Municipal Code Section 7.16.025; and, Wunwm, on July 26, 2004,.the public was given an opportunity to appear and object to the City Council declaring the Gulls within the Bayshore Homeowners Association a public nuisance and the granting of an exemption pursuant to Morro Bay Municipal Code Section 7.16.025; and, WHzR€As, after hearing the evidence and testimony, the City Council determined that the presences of Gulls and their nests at the Bayshore Homeowners Association property are hazardous, .unsafe, unsightly, unsanitary and constitute a nuisance detrimental to the public health, safety and welfare and the property of others. . NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay hereby giants Bayshore Homeowners Association an exemption from Morro Bay Municipal Code Section 7.16.025 and allows them to remove the Gull nests from their roofs for a period of 3 years._ This exemption -applies only t6 Mono Bay c4c%t-Cade Section 7:16:U25 d does not relieve the - Bayshore Homeowners Association from complying with all other local, state and federal laws. PAssEn Arm ADor'ED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9" day of August 2004 by the following vote: AYES: EL A(Yrr, PFItCE, PFrERS NOES: WMOLTZ AssErrr: YATEs ABsrAW: Nora: ® RESOLUTION NO. 50-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF PROPOSITION 22 THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 THE CITY COUNCIL City of Morro Bay, California WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund local and state transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services, and gas tax funds are vital to maintain and improve local streets and roads, relieve traffic congestion, and provide public transit systems; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these dedicated local revenues, the State Legislature has continued to seize and borrow billions of dollars in local government and transportation funds in the past few years; and WHEREAS, these continual raids of local government, redevelopment and transit funds have lead to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these locally -dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, which will be on the November 2010 statewide ballot as Proposition 22; and WHEREAS, approval of this ballot initiative would close loopholes and change the constitution to prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or ® dedicated to transportation improvement projects and mass transit. Resolution No. 50-10 Page Two Ll NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay formally endorses Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, a proposed constitutional amendment. BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay hereby authorize the listing of the City of Morro Bay in support of Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, and instruct staff to fax a copy of this resolution to campaign offices at 916.442.3510. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 11 day of October, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None Ll ATTEST: C ® RESOLUTION NO. 49-10 AWARD OF THE CONTRACT FOR PROJECT NO. MB-2010-111 WHARF REMOVAL PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS. a settlement agreement (agreement) was approved by the City Council in June 2009, requiring the City of Morro Bay to begin permitting. contracting and completion of Wharf Removal at Lease Site 35 W-36W; and WHEREAS, plans and specifications for the Wharf Removal Project, No. MB- 2010-H1, were prepared and bid pursuant to the Public Contract Code; and WHEREAS, the bids for the Wharf Removal Project, No. MB-2010-HI., were opened on September 28, 2010; and, WHEREAS. Associated Pacific Constructors. Inc. submitted the lowest responsible bid in the amount of $89,250. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ® Morro Bay. California. that the contract for the Wharf Removal Project, No. MB-2010- HL is hereby awarded to Associated Pacific Constructors, Inc. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the amount of $70,000 be transferred from the Harbor Accumulation Fund to the Wharf Removal Project Fund. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the required contract documents for the Wharf Removal Project, No. MB-2010-H1. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11 thday of October, 2010 on the following vote: AYES: NOES: ABSENT: ATTEST: Borchard, Grantham, Smukler, Winh None None Is Bridgett Pe ling, Cit Clerk ® RESOLUTION NO.48-10 APPROVAL OF A LEASE AGREEMENT FOR LEASE SITE 65-66/65W-66W, LOCATED AT 571 EMBARCADERO (SALT BUILDING) BETWEEN THE CITY OF MORRO BAY AND ABBA IMANI 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 65-66/65W-66. located at 571 Embarcadero: and. WHEREAS. Abba and Kristen Imani hold the current lease agreement for Lease Site 65-66/65W-66W: and WHEREAS, Abba Imani; following the City's Lease Management Policy, has proposed a renovation and received precise plan approval under UPO 9260 to improve lateral public access on the Embarcadero and to provide new public access along the waterfront: and WHEREAS. the City and Abba Imani desire to terminate the existing lease and enter into a new lease agreement. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay; California, that the new twenty five year lease agreement between the City of Morro Bay and Abba Imani 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 thereof held on the 11 day of October, 2010 on the following vote: AYES: NOES: ABSENT ATTEST: Borchard, Grantham, Smukler, Winholtz, Peters None None 1' • , Bridgett I 0 RESOLUTION NO. 47-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CONTINUATION OF THE 2009/10 DEFERRAL OF MANAGEMENT AND EXECUTIVE 3% COST -OF -LIVING ADJUSTMENT (COLA) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay enacted Resolution No. 38-09 which deferred the 2009/10 3% Cost -of -Living Adjustment (COLA) for Management employees for a period of one year at which time Council would revisit the decision; and WHEREAS, the Executives, by virtue of their contract language, receive any salary and/or benefit increases that are granted to the Management employees; and WHEREAS, on September 13, 2010, the City Council met in closed session to discuss the deferral decision, and voted unanimously to continue the deferral as it was established with Resolution 38-09. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the 2009/10 3% COLA for the Management and Executive employees is ® further deferred for a period of one year when Council will revisit this decision. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the I ld day of October 2010, by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None 11 RESOLUTION NO. 46-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL IN REGARD TO CALLING CLOSED SESSION MEETINGS; IN REGARD TO ALL REAL PROPERTY CONTRACTS GOING TO CLOSED SESSION PRIOR TO OPEN SESSION; IN REGARD TO COUNCIL LIAISONS TO ADVISORY BOARDS; AND, IN REGARD TO CITY COUNCIL INPUT ON HIRING AND EVALUATION OF DEPARTMENT HEADS THE CITY COUNCIL City of Morro Bay, California 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 Council members 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 No. 42-02 and its Council Policies and Procedures Manual on August 12, 2002; and ® WHEREAS, the City desires to amend section 1.3.10 in regard to Calling Closed Session Meetings; amend section 4.2.8 in regard to Real Property Transactions; amend section 6.2.1 regarding Council Liaison Assignments to advisory boards/commissions; add section 6.3.3.3 in regard to quarterly verbal reports from the advisory boards/commissions to the City Council; and add section 5.5 regarding Council input on hiring and evaluation of department heads. 1.3.10 CLOSED SESSION MEETINGS (closed to the public) 1.3.10.1 Closed Session Meetings may be called by the majority of the Council and are regulated pursuant to the Brown Act. The most common purpose of a closed session is to avoid revealing confidential information that may, in specified circumstances, prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions should be conducted keeping those narrow purposes in mind. 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in ® open session prior to the closed session. (GC §54956.8). All Real Property transactions shall be held in closed session prior to final decision in open session and Council shall be provided with a copy of the draft real property agreement. Resolution No. 46-10 Page Two 6.2 OTHER COUNCII, REPRESENTATION. SUBCOMMrrrEES 6.2.1 COUNCIL LIAISON ASSIGNMENTS The City Council shall assign a Council liaison to each of the following advisory boards: Recreation & Parks Commission, Harbor Advisory Board, Public Works Advisory Board, Community Promotions Committee, and Tourism Business Improvement District Advisory Board. The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body. The liaison also helps to increase the Council's familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, members should either attend advisory body meetings or watch the meeting broadcasts and maintain communication with the advisory body on a regular basis. Members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and the advisory body. In interacting with advisory bodies, Council Members are to reflect the views of the Council as a body. Being an advisory body liaison bestows no special right is with respect to advisory body business. 6.3.3 COUNCIL MEETINGS 6.3.3.1 Members of an advisory board are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory board or as a private citizen. 6.3.3.2 Reports to Council must be in written form. 6.3.3.3 Advisory boards will provide quarterly written or oral reports to the City Council on a rotating member basis. 5.5 INPUT ON HHUNG AND EVALUATION OF DEPARTMENT HEADS 5.5.1 HIRING In an outside recruitment situation where the City Manager is hiring a Department Head, the City Council, as a group will be invited to an informal social setting, such as lunch, to meet the top candidates for the position. Following the event, Council members will provide the City Manager with any comments regarding the candidates prior to the final ® decision of the City Manager. Resolution No. 46-10 Page Three In an internal recruitment situation, the City Manager will provide the hiring plan to the City Council in a closed session, and Council members will have an opportunity for comments, prior to final hiring. 5.5.2 INPUT ON EVALUATION OF DEPARTMENT HEADS Prior to the City Manager's completion of the annual evaluation of each Department Head (usually in December of each year), the City Council will be asked to submit in writing, that will remain confidential, any comments they would like the City Manager to consider in regard to the performance of the Department Head. WHEREAS, the City Council approved these additions by a majority vote at their September 13, 2010 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby add or amend Sections 1.3.10, 4.2.8, 6.2.1, 6.3.3.3 and 5.5 of the Council Policies and Procedures Manual to reflect the above amendments. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular ® meeting thereof held on the 27a' day of September by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: BRIDGETJ KESSL G, City Cl c E ® RESOLUTION NO: 45-10 RESOLUTION OF THE CITY COUNCIL BY THE CITY OF MORRO BAY, CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the Strategic Growth Council has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and ® WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the development of the proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that 1. Approve the filing of an application for the Small Cities of San Luis Obispo County Climate Action Plan in order to become a sustainable community; 2. Certifies that the City of Morro Bay understands the assurances and certification in the application, and 3. Certifies that the City of Morro Bay will have sufficient funds to develop the Proposal or will secure the resources to do so, and 4. Certifies that the Proposal will comply with any applicable laws and regulations. 5. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). El ® Resolution No. 45-10 Page Two PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 13te day of September, 2010 by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: VBGeTKESS G, Cit + erk KJ E RESOLUTION NO.44-10 RESOLUTION AWARDING THE CONTRACT FOR PROJECT NO. MB-2010-S1: NORTH MAIN STREET BIKE LANE AND STREET IMPROVEMENTS The City Council, City of Morro Bay, California WHEREAS, installation of bikeways in the community of Morro Bay is an identified priority of the adopted Circulation Element to the General Plan as an encouragement of use of alternative modes of transportation; and WHEREAS, on March 22, 2010 the City Council authorized the North Main Bike Lane Project and directed staff to pursue funding for the Project ; and WHEREAS, in recognition of the regional significance and benefit of the Project, the City has been able to secure Federal grant funds for the construction of the Project, and WHEREAS, plans and specifications for Project No. MB-2010-S1: North Main Street Bike Lane and Street Improvements were prepared and bid pursuant to the Public Contract Code; and WHEREAS, CalPortland Construction, Santa Maria, submitted the lowest responsible bid in the total amount of S432,117.10; and is WHEREAS, the authorization of 10% contingency fund will facilitate the timely completion of the project; and WHEREAS, it is in the public interest that the Project be constructed at this time. NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council that the contract for Project No. MB-2010-S 1: North Main Street Bike Lane and Street Improvements is hereby awarded to CalPortland Construction of Santa Maria, in the amount of $432,117.10; and BE IT FURTHER RESOLVED, by the Morro Bay City Council that the amount of $43,200 is authorized as a contingency fund to be used for project related expenses; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute contract documents reflecting this action. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 23rd day of August; 2010 by the following vote: AYES: Borchard, Smukler, Winholtz, Peters NOES: Grantham ABSENT: None *ATTEST: BRIT)GETMESSLING, City Clerk E : El {�//////////..... .8888S8-M.8V;!!!!;!l;Br!(§[ }}\\\)// ////////\\� 2eeRgGR\/ ////////////\\� 82888898. //////..... ! `SSQReeeeQeR/\ //////\ /\\ , //////..... ........................... ET / ===; Tflet lr;:\;(;�\�)!):;; M. . \\ ] � -§!|, • _ _ \/\ / /6- ham /\# ,ll..,=...!„ _,ll, {i !! 0 RESOLUTION NO.43-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ACCEPTING A CALIFORNIA DEPARTMENT OF PUBLIC HEALTH GRANT FOR MODIFICATIONS TO THE DESALINATION PLANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on the 14's day of, December 2009 the City of Morro Bay made application to the State of California for $600,000.00; and WHEREAS, on the 5i° day of August 2010 the State of California issued a Letter of Commitment to the City of Morro Bay committing grant funds under the Proposition 84 Program for Desalination Facility Energy Recovery Project P84-4010011-801, subject to terms and conditions; and WHEREAS, said City Council adopted a project budget totaling $788,044.40 in Fund 921- 8464, as part of the 2008/2009 Budget; and is WHEREAS, the remaining $188,044.40 of project costs are to be funded by, the water fund; and WHEREAS, prior to the State of California issuing said Funding Agreement, said City Council is required to pass a resolution authorizing an officer to execute said Funding Agreement and amendments, designating a person to approve claims for reimbursement, designating a person (registered engineer) to sign the Budget and Expenditure Summary, designating a person (registered engineer) to sign Certification of Project Completion, designating a person (registered engineer) to review and approve claim forms, and designating a person to sign the Final Release form. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Utilities/Capitol Projects Manager is hereby authorized to sign The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) Funding Agreement and any amendments thereto, and BE IT FURTHER RESOLVED AND ORDERED, that the Utilities/Capitol Projects Manager is hereby authorized to approve Claims for Reimbursement under the Proposition 84 Program for the Desalination Facility Energy Recovery Project; and BE IT FURTHER RESOLVED AND ORDERED, that the Utilities/Capitol Projects Manager, a registered engineer, is hereby authorized to execute the Budget and Expenditure Summary under the Proposition 84 Program for the Desalination Facility Energy Recovery Project; ® and Paoe 1 of 2 Resolution No. 43-10 Page Two BE IT FURTHER RESOLVED AND ORDERED, that the Utilities/Capitol Projects Manager is hereby authorized to sign the Final Release Form under the Proposition 84 Program for the Desalination Facility Energy Recovery Project; and BE IT FURTHER RESOLVED AND ORDERED, that the City Engineer, a registered engineer, is hereby authorized to certify that the project is complete and ready for final inspection; and BE IT FURTHER RESOLVED AND ORDERED, that the Utilities/Capitol Projects Manager, a registered engineer, is hereby authorized to review and sign claim forms to be submitted to the State of California for reimbursement. BE IT FURTHER RESOLVED AND ORDERED, that the City Council does hereby designate revenues from the water rates and charges as the dedicated source of revenue to pay for operation and maintenance costs associated with this Project. This dedication shall remain in full force and effect for the life of this Project which is estimated to be 30 years, unless modification or change of such dedication is approved in writing by the State of California, Department of Public Health. If for any reason, said source of revenues prove insufficient to satisfy the operations and maintenance costs associated with this Project, sufficient funds shall be raised through increased water rates, user charges, or assessments or any other legal means available to operate and maintain this Project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23 rd day of August, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: .�l ) ..a; o E Paae 2 of 2 ® RESOLUTION NO.42-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING THE BYLAWS FOR THE MORRO BAY TOURISM BUSINESS IMPROVEMEHT DISTRICT IN RELATION TO BOARD DESIGNATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, on April 27, 2009 the City Council of the City of Morro Bay adopted Resolution No. 20-09 which adopted bylaws for the Morro Bay Tourism Business Improvement District (MBTBID); and WHEREAS, those adopted bylaws provided the qualifications for MBTIBD Board members which consisted of the following: The MB7BID Board shall consist of four (4) members from the Morro Bay lodging industry, one (1) member representing the Morro Bay Chamber of Commerce and two (2) members from the community at large. The four members from the lodging industry shall consist of one member representing lodging rooms of less than 22 rooms, two members representing 50 or less rooms, and one member representing hotels with 51 or more ® rooms. The Chamber of Commerce representative shall be the Executive Director of the Morro Bay Chamber of Commerce or a member of the Executive Board The "at large" members shall be residents and registered voters of the City during the term of appointment. Each member must be at least 18 years of age at the time of appointment and may not be an Elected Official, Officer, or Employee of the City of Morro Bay. (Council Policies and Procedures, Section 6.6.1) WHEREAS, during the May 26, 2009 interview process the City Council changed original board member designation to have 2 members representing hotels with 51 or more rooms and 1 member representing hotels with 50 or less. Staff will bring back a resolution making this change as well as the change discussed this evening to an August 2010 City Council meeting. WHEREAS, the following year, during the May 10, 2010 board interviews the City Council again discussed the board member designation and asked that staff and the MBTBID Board provide some alternatives; and r ® Resolution No. 42-10 Page Two WHEREAS, the MBTBID Board unanimously approved and forwarded the following recommendation to the Morro bay City Council for MBTBID Board member designation: The MBTBID Board shall consist of four (4) members from the Morro Bay lodging industry, one (1) member representing the Morro Bay Chamber of Commerce and two (2) members from the community at large. The four members from the lodging industry shall consist of one member representing lodging rooms of less than 22 rooms, one member representing SO or less rooms (single hotel or cumulative representation), and two members representing hotels "at large " (no specific number of rooms). The Chamber of Commerce representative shall be the Executive Director of the Morro Bay Chamber of Commerce or a member of the Executive Board The community "at large" members shall be residents and registered voters of the City during the term of appointment. Each member must be at least 18 years of age at the time of appointment and may not be an Elected Official, Officer, or Employee of the City of Morro Bay. (Council Policies and Procedures, Section 6.6.1) NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay ® does hereby amend the bylaws of the MBTBID, Qualifications Section for the membership of the lodging industry as indicated above. PASSED AND ADOPTED, by the City Council, City of Morro Bay at a regular meeting thereof held on the 28'b day of August by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None JAIV PETERS, Mayor ATTEST: 0 RESOLUTION NO. 41-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN SAN LUIS OBISPO COUNTY ON TUESDAY, NOVEM 3ER 2, 2010; 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 2, 2010 for the purpose of the election of one (1) Mayor of the City Council of said City for the full term of two (2) years, and for the election of two (2) members of the City Council of said City for the full term of four (4) 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 2, 2010, for the purpose of the election of one (1) Mayor, and two (2) Members of the City Council. SECTION 2. That a measure is to appear on the ballot as follows: Shall an ordinance be adopted to prohibit Medical Marijuana Dispensaries in the City of Morro Bay? YES NO ® Resolution No. 41-10 Page Two SECTION 3. 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 4. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of San Luis Obispo. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. ® PASSED AND ADOPTED bZ the City Council of the City of Morro Bay at a regular meeting thereof held on the 12 day of July 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None �ATTEST: BRIDGET SSLIN , City Cler 11 0 RESOLUTION NO.40-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING ITS INTENTION TO ADOPT AN ORDINANCE INCREASING THE ASSESSMENT ON LODGING BUSINESSES WITHIN THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Streets and Highways Code Section 36500 et seq. authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism within business districts in order to create jobs, attract new business, and enhance the business district; and WHEREAS, tourism is an important contributor to the economy of the City and the promotion of the City's tourist lodging establishments will serve an important public purpose; and WHEREAS, on April 27, 2009, the City Council adopted Ordinance No.546 establishing the ® Morro Bay Tourism Business Improvement District ("MBTBID") and levying assessments; and WHEREAS, the District's area consists of the City in its entirety and is coextensive in its boundaries with the City; and WHEREAS, the MBTBID Advisory Board has recommended, pursuant to Streets & Highways Code section 36540, that the basis and method of levying the assessments imposed within the District be changed to increase the amount of the assessments; and WHEREAS, section 36541 of the Streets & Highways Code allows the City Council to modify the basis and method of levying the assessment by adopting an ordinance after holding a hearing on the proposed modification, and after adopting a resolution stating the Council's intention to consider modifying the assessment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY RESOLVE that it intends to consider adopting an ordinance to increase the amount of the MBTBID's assessment from 2% to 3%, with the increase to take effect on the effective date of an ordinance increasing the assessment, and to remain in effect through the end of fiscal year 2010- 2011. BE IT FURTHER RESOLVED that the assessment to be levied for the MBTBID shall be used to fund tourism promotions and marketing programs to promote Morro Bay as a tourist destination, and projects, programs, and activities that benefit lodging businesses located and ® operating within the boundaries of the district. The proposed improvements and activities shall be targeted at increasing transient stays. 11 E Resolution No. 40-10 Page Two BE IT FURTHER RESOLVED The City Council hereby sets August 9, 2010 as the date for a public meeting to allow for public testimony on the proposed increase in the assessment and September 13, 2010 as the date for a public hearing on the proposed increase in the assessment of the MBTBID and the levy of assessments pursuant to Government Code Section 54954.6. Both the public meeting and the public hearing will be held at 6:00 p.m., or as soon thereafter as practicable, in the City of Morro Bay City Council Chambers, 209 Surf Street, Morro Bay, California. BE IT FURTHER RESOLVED that at the public hearing on September 13, 2010 in the City Council Chambers, 209 Surf Street, Morro Bay, California, on the levying of the increased assessment for fiscal year 2010-2011, written and oral protests may be made. The form and manner of protests shall comply with California Streets & Highways Code sections 36524 and 36525. If written protests are received from and not withdrawn by the owners of businesses in the MBTBID which will pay fifty percent (50%) or more of the assessments to be levied, no further proceedings to increase the assessment, as set forth in this Resolution of Intention, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to mail a copy of this resolution and a notice of the public meeting and the public hearing referred to herein to every business owner within the District that would be affected by the proposed increase in the assessment. PASSED AND ADOPTED by the City Council of the City of Morro Bay, State of California, held on this 12th day of July, 2010 by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ABSTAIN: None GETI(YESSL \ ® RESOLUTION NO.39-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA Approval of Amendment #1 to the Lease Agreement for Lease Site 96/96W, located at 945 Embarcadero, with Flying Dutchman Enterprises 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 96/96W, located at 945 Embarcadero; and, WHEREAS, Flying Dutchman. Enterprises, Stan Van Beurden sole proprietor, is the lessee of said property; and WHEREAS, the City and Flying Dutchman Enterprises have agreed to modify the existing lease agreement to extend the term of the lease for seven years to make it possible for the tenant to complete repairs on the site so that the restaurant can be operational and to allow time for completion of the tenant's redevelopment of the lease site including public access and boat slips. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Amendment #1 to the lease agreement for Lease Site 96/96W 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 thereof held on the 28 s day of June, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: ® &0iiq9VV- JA)(41E BOUCHER, Deputy City Clerk AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 96/96W This amendment is made and entered into as of this_ day of 2010 by and between the City of Morro Bay, a municipal corporation of the State of California, (hereinafter "City") and Flying Dutchman Enterprises, Stan Van Beurden sole shareholder, to amend that certain ground lease agreement for Lease Site 96/96W between City and Tenant dated December 14, 2009; and, Whereas, the City and Mr. Van Beurden entered into an interim 3 year, 5 month agreement on December 14, 2009 for Lease Site 96/96W based on Mr. Van Beurden's proposal for redevelopment of the Site; and, Whereas, Mr. Van Beurden's initial plan was to make minor repairs and have the restaurant on the Site operational by May 31, 2010. However, when the repairs were started it became clear that almost a complete remodel job, involving a minimum investment of $200,000 would be required to have the facility operational and up to code; and, Whereas, the City desires to extend the term of the existing interim lease in consideration of funds expended on refurbishment and repairs to the building and to extend the deadline for completing said repairs on the site. Now therefore, City and Tenant hereby mutually agree to amend said lease agreement as ® follows: Section 1.01 TERM: Section 1.10 Term, shall be amended to add seven years on the existing lease so that the new termination date shall be June 30, 2020 and the following sentence shall be added: No later than August 31, 2010 TENANT shall complete refurbishment, remodeling and repairs on the buildings on the premises valued at a minimum of $200,000 and TENANT shall submit copies of invoices paid by TENANT to verify said expenses, or this lease agreement shall be in default and CITY shall have all remedies including lease termination allowed under Section 11 of the lease agreement. Section 13.01 TENANT's Obligation to Redevelop Site Section 13.01 shall be deleted and replaced as follows: Section 13.01 TENANT's Obligation to Redevelop Site TENANT has proposed a major redevelopment of the premises and this lease is an interim lease to allow TENANT to operate a restaurant on premises while processing permits and completing design/development of the proposed development. TENANT agrees that it shall be a material default and breach of this lease agreement to fail to meet the following time frames for said redevelopment project. August 31, 2010, complete any necessary repairs and improvements to re-establish a ® restaurant on the premises and meet the requirements of Section 3.03 hereof, OPERATION OF BUSINESS. CITY agrees to waive the requirements of Section 3.03 hereof for the period February 1, 2010 to August 31, 2010. Lease Site 96196W Amendment#1-June 2010 Page 2 of 2 March_ 31, 2012 TENANT shall complete City Concept approval of plans for redevelopment project as described in TENANT's proposal dated July 2009, including the boat slips on the premises. December 31, 2012 TENANT shall obtain Coastal Commission permits for at a minimum, sidewalk and access improvements and boat slip construction on the premises (hereinafter said project). December 31, 2013 TENANT shall obtain City precise plan approval for said project. March 31, 2014 TENANT shall obtain City building permit for said project. March 31, 2016 TENANT shall complete development and construction of said project, including boat slips on the premises. Should TENANT's investment in said project, including boat slips on the premises, or additional land side improvements result in expenditures significantly beyond the initial $200,000, CITY and TENANT may at such time, negotiate an extension or amendment to the lease agreement. All other terms and conditions of the lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY TENANT- FLYING DUTCHMAN ENTERPRISES Stan Van Beurden, APPROVED AS TO FORM: Rob Schultz, City /i t rney ATTEST: Bridgett er, City Clerk RESOLUTION NO.38-10 ® 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 10, 2010 the City Council did adopt Resolution No. 23-10 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 28, 2010 at 6:00 p.m. in the Veteran's Memorial Building; and WHEREAS, notices were mailed to one hundred percent (100%) of the property owners on record in the district regarding the proposed assessment and listing the date, time and location of the protest hearing, as well as being published in the local newspaper; and WHEREAS, the City Council did hear objections of all interested parties as to the levy of the annual assessment for the North Point Landscaping and Lighting Maintenance Assessment District on June 28, 2010 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 2010-11 is hereby confined. 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 2010-11 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 28`s day of June 2010 by the following roll call vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None J CE PETED d Mayor ATTEST: BOUCHER, Deputy<.*' &k RESOLUTION NO.37-10 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on May 10, 2010 the City Council did adopt Resolution No. 22-10 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 28, 2010 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 isDistrict on June 28, 2010 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 2010-11 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 2010-11 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 28`s day of June 2010 by the following roll call vote: AYES: Borchard, Grantham, Smukler, Winhc NOES: None ABSENT: None ATTEST: JhXILE ® 1� BOUCHER, Deputy City Clerk ® RESOLUTION NO. 36-10 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR CITY RIGHT OF WAY AND PUBLIC SIDEWALK PURPOSES ALONG THE EM 3ARCADERO ROAD FRONTAGE OF 560 EMBARCADERO ROAD THE CITY COUNCIL City of Morro Bay, California WHEREAS, on November 27, 2007 a Minor Use Permit, UPO-191, was issued to remodel a restaurant building both interior and exterior with kitchen and main entrance changes at 560 Embarcadero Rd; and WHEREAS, the Embarcadero Road frontage of 560 Embarcadero Road requires an offer of dedication to the City for City Right of Way and sidewalk purposes; and WHEREAS, the Owner, Philip M. Kispersky, has made an irrevocable and perpetual offer to dedicate the required eighteen foot wide easement to the City; 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 28`s day of June 2010 by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None C ;41 J PETERS, Pv4ayor �// V'— J BOUCHER, Deputy City Clerk n LJ ATTACHMENT 2 ® RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: City of Morro Bay Public Services 955 Shasta Avenue Morro Bay, CA 93442 For OFFER OF DEDICATION (for streets and highway purpose) O(�k- l 3 I — D! Q)-A.P.N. of which is hereby acknowledged, the undersigned, being present fee title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Mono Bay and its successors or assigns, for street and highway purposes, the real property situated in the City of Mono Bay, County of San Luis Obispo, State of California, as described in EHIBIT "A" and shown on Exhibit `B" attached hereto. It is understood and agreed that the City of Mono Bay and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for ® the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City of Mono Bay. 11 The provisions hereof shall insure to the benefit of and be binding upon heirs, successors, assigns and personal representatives of the respective parties hereto. EN WITNESS WHEREOF, these presents have executed this instrument this 2O0V% day ofTVL_ 4 20aS By: 4 Y / Printed Name/fitle:-lf: Ll ICi S1?—gzyLS"wner Date %' 2,0 - 0 20 By: Printed Name/Title: Un /Owner Printed Name/Title: /Owner ® STATE OF CALIFORNIA NOTARY PUBLIC CERTIFICATE COUNTY OF SAN LUIS OBISPO On �( L11 V ;2�CObefore me,\iO1 C, )a Acj us 1 I VlCilll ,T l U C) personally appeared 1 NO � I ). I who proved to me on the ba is of satisfactory evidence to the �erson(s) whose n me( is bscribed to the within instrument and acknowledged to me th shcAhcy executed the same r hts �rEtheir authorized capacity(ies), and that by ljj [ er/theirlsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JULIE DUCLOS U) COMM. #1615764 WITNESS my hand a official seal. g91dy NOTARY PUBLIC-CALIFORNIA rrSAN LUIS OBISPO COUNTY O q Comm. Ecp ree October 13, 2009 NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On before me, personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On before me, personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of ® California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0 LEGAL DESCRIPTION OF AN IRREVOCABLE OFFER OF DEDICATION TO THE CITY OF MORRO BAY OVER A PORTION OF PARCEL 3 OF PARCEL MAP MB-78-198, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD DECEMBER 4, 1978 IN BOOK 27, PAGE 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. All that portion of Parcel 3 of Parcel Map MB-78-198, in the City of Morro Bay, County of San Luis Obispo, State of California, according to map filed for record December 4, 1978 in Book 27, Page 24 of Parcel Maps, in the Office of County Recorder of said County. Described as follows: The westerly two feet, measured perpendicular and parallel to the Westerly line of said Parcel 3 of Parcel Map MB-78-198, as shown on Exhibit °B" attached hereto and thereby made a part hereof. El EXHIBIT "B" GRAPHIC SCALE 0 15 30 80 120 ( IN FEET ) 1 inch = 30 ft. LEGEND (R) DATA SHOWN ON MB-78-198 N0 OG� l A N D SG\ 4 4B t y UP n A Y 3 v N Do. 9-30-2008 s9re ��, C A`\EOQ2�r fS 6747 OO'BiE4 9-30-2008 EXHIBIT, PREPARED BY GENERAL ENGINEERING 106 SANTA ROSA STREET SAN LUIS OBISPO, CA. 805-543-8439 JANUARY 2, 2008 O PARCEL B OF I MB-04-0541 I I I PARCEL A OF MB-04-0541 r____ S00 23'45"W �' 58.33' (R) I 0 m 0 n I I � I I Q I n o N m a I PARCEL 3 OF 0 o 3 MB-78-198 00 27 PM 24 3 o I N M N 00 � 07 I of z 03 0 I O z n I I 2WIDE OFFER OF TO THE _ I I DEDICATION // CITY OF MORRO BAY I _ 58. 94,- N EMBARCADERO w w to Q z Q s is RESOLUTION NO. 35-10 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR CITY RIGHT OF WAY AND PUBLIC SIDEWALK PURPOSES ALONG THE WEST AVENUE FRONTAGE OF 1155 WEST AVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, on July 17, 2006 a Conditional Use Permit and Regular Coastal Development Pernut, .UP0-088/CP0-135 was issued , to construct 3,126 square foot single-family residence and associated garage, and a 664 square foot cabana with associated carport at 1155 West Avenue; and WHEREAS, the West avenue frontage of 1155 West Avenue requires an offer of dedication to the City for City Right of Way and sidewalk purposes; and WHEREAS, the Owners, A.J Wright and Donna Wright has made an irrevocable and perpetual offer to dedicate the required eighteen foot wide easement to the City; and WHEREAS, it is in the public interest to accept the offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit of Morro Bay that the attached offer of dedication is hereby accepted on behalf ovthe ® public. PASSED AND ADOPTED bX the City Council of the City of Morro Bay at a regular meeting thereof held on the 28 day of June 2010 by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None J E PETERS, Mayor JA BOUCHER, Deputy City Clerk ATTACHMENT 2 9 RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Morro Bay Public Services 955 Shasta Avenue Morro Bay, CA 93442 OFFER OF DEDICATION (for public pedestrian easement purpose) A.P.N. 066-034-018 (1155 West Ave) For a valuable consideration, receipt of which is hereby acknowledged, A.J. and Donna Wright the undersigned, being present fee title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Morro Bay and its successors or assigns, for public pedestrian easement purposes, the real property situated in the City of Morro Bay, County of San Luis Obispo, State of California, as described in EHIBIT "A" and shown on Exhibit "B" attached hereto. It is understood and agreed that the City of Morro Bay and its successors or assigns shall incur is no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City of Morro Bay. The provisions hereof shall insure to the benefit of and be binding upon heirs, successors, assigns and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, these presents have executed this instrument this -_day of A.J. Wrfght /lam—�^- W /�✓ Donna Wright u 11 El NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On before me, F -A. Go personally appeared A-6 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/shehhcy executed the same in his/her4h it authorized capacity(ies), and that by his/her/tlleir signatures) on the instrument the personO, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. My hand and official seal. 1h NOTARY PUBLIC CERTIFICATE E.A. GRIFFIN Commission 91830341 �+ Notary ' mla Califoia 1 y/ SAN LUIS OBISPO COUNTY tir Cl,, X.X-on EOM kmiM 11, 2013 t STA OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On a -I �) 0 before meC' � lQ& 1�,�{l personally appeared D I`1`N, / r l'a'Rl who proved to me on the basis of satisfactory evidence to be the person(s) whose narhi(i),j§ke subscribed to the within instrument and acknowledged to me that h /she ey executed the same in hi their authorized capacity(ies), and that by h /her eir signature(s) o e instrument the person(s), or the entity upon behalf of which the person cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. V�{ITNESS my hand a6c',,,raT—* .0 11 2 EXHIBIT A Pedestrian Access Easement Legal Description A portion of lot 4 of Block 61 of the Bakersfield Colony Tract as shown on map filed in Book 2 of Maps at page 52, records of San Luis Obispo County, California described as follows; Beginning at a 1" iron pipe set at the northeast corner of said lot 4 as shown on Record of Survey filed in Book 102 at page 79; thence 1) South 000 18' 58" West along the westerly right-of-way line of West Avenue (formerly West Street) a distance of 29.27 feet; thence leaving said right-of-way line 2) North 530 39' 06" West 7.42 feet; thence 3) North 000 18' 58" East parallel to the west right-of-way line of West Avenue 21.09 feet; thence 4) North 540 19' 15" East 6.49 feet to intersect the north line of said lot 4; thence 5) South 890 47' 15" East along said north line of Lot 4 a distance of 0.75 feet to the point of beginning The above -described parcel contains 153 square feet, more or less. The above -described parcel is graphically shown on Exhibit B attached hereto and. made a part hereof. M:\09-071 West Street - Morro Bay\legal description\Legal Description Pedestrian Access Easement.doc 1/19/2010 9:19 AM 11 I I 00 M Nl� 5a 55 W I I� v cmi o I N z� n nN \\ll v 0 0 m " JO � (n A\ O tJ rn N O �" / N O I � O G 00 z 00 Goo co�- N N CTI �P� 5 Qo o 00 co Am 6 Z m> Ln �� c� cn two X Z M rli rn I I °' SCALE 1"=30" I f � 00 a > S89'47'15"E 1"IP IS 5702" N 0.75' PER 102 RS 7-9Q I 29.27 \P.O.B. O 1 "IP IS 5702" N S00'18'58"W 42.75-M)-______: PER 102 RS 79 N00'18'58"E 498.42'M WEST AVENUE FORMERY WEST STREET M�MICHAEL B. STANTON, PLS 5702 WEST AVENUE, MORRO BAY 2146 PARKER STREET, SUITE A-1 OFFER OF DEDICATION SAN LUIS OBISPO, CA 93401 PEDESTRIAN ACCESS EASEMENT 805-594-1960 RESOLUTION NO. 34-10 ® A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY APPROVING THE PARCEL MAP FOR AN A 3-LOT RESIDENTIAL SUBDIVISION KNOWN AS PM MB 09-0091 AND ACCEPTING THE OFFER OF DEDICATION OF A PUBLIC PEDESTRIAN EASEMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on March 8, 2010 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, including the appeal after the Planning Commission approval on January 19, 2010; and WHEREAS, the Council did approve the Tentative Map for Parcel Map PM MB 09- 0091, 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 Parcel Map; and WHEREAS the applicant has offered to dedicate the area required for pedestrian purposes; 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 Parcel Map PM MB 09-0091 and the associated dedication of a public pedestrian easement. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 28" day of June 2010, by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None J E PETERS, 94ayor ATTEST: ®WAE BOUCHER, Deputy City Clerk ATTAr%UKACAIT 11 0 E LLYLLIV 1 .oil 75 AM B 7 i� Fi Ntit 11 a� a at as g$g x C tla A I 8 q 4 2 ggp 11IIr/ g m a d ra.°,r • �mA m )ya g $ � � • 0 ��G 9g�oj3 I I i S 4 m� q I II m 8 777777 M m e tip In IIIg ° � e E y n ¢ 3 R d 1®� a 9 F $ 9 a32 II tom• s B i • � � a E i a 3% t4 ae i Eg',oe�.� Fpp 4 4 eE I p r 9W r 99 0 33 gg�9 99 It 8_(� Vt� Bip¢}��syl tlVl ' I+ a Iy "'JJJ rY I 2 RESOLUTION NO. 33-10 E I] 11 A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY APPROVING THE PARCEL MAP FOR AN A 3-LOT RESIDENTIAL SUBDIVISION KNOWN AS PM MB 07-0232 AND ACCEPTING THE OFFER OF DEDICATION OF A PUBLIC PEDESTRIAN EASEMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on July 7, 2010 the Planning Commission did hold a public hearing, received public testimony, and after closing the public hearing fully considered the various issues surrounding the case; and WHEREAS, the Council did approve the Tentative Map for Parcel Map PM NIB 07- 0232, 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 Parcel Map; and WHEREAS the applicant has offered to dedicate the area required for pedestrian purposes; 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 approves the final map for Parcel Map PM MB 07-0232 and accepts the associated dedication of a public pedestrian easement. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 28`a day of June 2010, by the following vote: AYES: NOES: ABSENT Borchard, Grantham, Smukler, Winholtz, Peters None None ATTEST: Aam ow - JAN& BOUCHER, Deputy City Clerk J E PETERS, Mayor ATTAt'%WKACAIT 2 11 11 i L, " Ile1:5 "1 — t, $ � � 's$�y� � sppp k§� j m a 1 3yyyg `yW]{ II 4 e$ aye erg all Y s � ,1 i� A•�-\g� � R� t�l T1y ��� I �21 Jill,3 TCi`1 1 ' d 5 E' sR�i $ �y •'\�a � 4� eLi kC� � mp "� •.£ s 111 d k� a � a yyyy gg e l it � F-m O o � sa gig 5 d `,e Ut iF:! 3 + F See yY `�� a �_ Aipy� s � a, d �s;k gZPdi q� dR - FAkkc till Zia rN agi HIM 49I. , gaI y y� 3 y P \U.1 a i a P x oI P ag g 9 pI. 9� t a .°a Y y r RESOLUTION NO.32-10 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING THE ANNUAL PROPOSITION APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2010/11 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Article XEM of the California Constitution restricts the appropriation of tax proceeds that the City receives in any given fiscal year; and WHEREAS, the City has calculated the 2010/11 appropriations limit in accordance with the provisions of Article XMM 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 2010/11 appropriations limit at $19,617,710. ® PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 28 s day of June 2010, by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None (Z�� - JAI ICE PETERS, XAayor BOUCHER, Deputy City Clerk Ll Z O Q Z W Q f m = O Ko K dos U Q�i a O a a 0 N � � c 0 N M O � 0 0 0 N 0 O a m t1N1 O Op' O UMl O O a a "+ O O V � O C Q m r00 wm 'O .l0 y C O'M N•+ w 4! C N m u� w c n d N F9 O Ord N N Z H E x c` w y r9i j Li yy y� N x y a O O O v o w a`r) JKVIu)�7��iiu�i F J L u ¢ ¢ u O�u C W � o W C VI Q M ' 0000 ' uJ00 ' 000 C C � OOOM NOO 0000'u 1� O?O Vf •+00 O'00•' N O1� O •+ TOE Vi OOCJMG N OO •+•+ Or0 O"O N 1� m r0 N M Vl •+ •+ N u rl •+ N ti � O � O O E 9-1 W's 0 O O . . . r . . r . . r p0 O O V1 cli m ri n rl O! U C 01 rn � n A wt Y1p rn�m vZv, w E c m yy X x y Q 2 aTi S 6E 00 tc ao�cm o+� K j ram. L u l ATTACHMENT A CI El CITY OF MORRO BAY APPROPRIATION LIMIT DOCUMENTATION FISCAL YEAR 2010/ 11 PROCEEDS OF TAXES CALCULATION [1] PROCEEDS TOTAL PROCEEDS OTHERTHAN ESTIMATED OF TAXES TAXES REVENUES PROPERTY TAXES $ 3,772,743 $ OTHER TAXES 4,070,000 PERMITS REVENUE FROM AGENCIES STATE 509,126 STATE/COUNTY GRANTS FEDERAL GRANTS USE OF MONEY & PROPERTY INTEREST 39,677 RENT FINES & FORFIETURES CHARGES FOR SERVICES OTHER REVENUES $ 3,772,743 607,400 4,677,400 311,530 311,530 509,126 69,000 69,000 5,000 5,000 71,223 110,900 190,000 190,000 68,000 68,000 13,223,194 13,223,194 518,160 518,160 $ 8,391,546 $ 15,063,507 $ 23,4SS,053 APPROPRIATION LIMIT CALCULATION (2) [3] CALIFORNIA POPULATION YEAR PCPI CHANGE CHANGE LIMIT 1978-79 BASE YEAR $ 3,046,393 1979-80 10.17% 1.38% 3,402,527 1980-81 10.53% 0.26% 3,770,591 1981-82 9.12% 1.39% 4,171,660 1982-83 6.79% 2.04% 4,545,796 1983-84 2.35% 1.81% 4,736,835 1984-85 4.74% 1.75% 5,048,185 1985-86 3.74% 1.62% 5,321,826 1986-87 2.30% 4.12% 5,668,530 1987-88 3.04% 2.93% 6,011,990 1988-89 3.93% 3.83% 6,487,570 1989-90 4.98% 3.92% 7,077,629 1990-91 4.21% 4.59% 7,714,137 1991-92 4.14% 3.04% 8,277,721 1992-93 -0.64% 1.00% 8,306,991 1993-94 2.72% 1.86% 8,691,654 1994-95 0.71% 1.40% 8,875,912 1995-96 4.72% 1.60% 9,443,573 1996-97 4.67% 2.31% 10,112,922 1997-98 4.67% 2.06% 10,803,250 1998-99 4.15% 2.70% 11,555,378 1999-2000 4.53% 2.28% 12,354,234 2000-01 4.91% 2.460/6 13,279,663 2001-02 7.82% 1.60% 14,547,223 2002-03 -1.27% 1.80% 14,620,998 2003-04 2.31% 1.32% 15,156,198 2004-05 3.28% 1.15% 15,833,334 2005-06 5.26% 1.19% 16,864,495 2006-07 3.96% 0.73% 17,660,315 2007-08 4.42% 0.96% 18,617,934 2008-09 4.29% 1.12% 19,634,110 2009-10 0.62% 1.01% 19,955,375 2010-11 -2.54% 0.87% 19,617,710 PROCEEDS OF TAXES 8,391,546 PROCEEDS OF TAXES UNDER APPROPRIATION LIMIT $ 11,226,164 (1] Per City of Morro Bay 2010/11 Adopted Annual Budget (2] Per State Department of Finance (per capita personal income). (3] Per State Department of Finance (population growth of City or County, whichever is greater). ATTACHMENT B Fiscal Year 2010-2011 ® Enclosure II Annual Percent Change in Population Minus Exclusions January 1, 2009 to January 1, 2010 and Total Population, January 1, 2010 Total County Percent Change — Population Minus Exclusions — Population City - 2009-2010 1-1-09 1-1-10 1-1.2010 - San Luis Obispo Arroyo Grande 0.20 17,110 17.145 17,145 Atascadero 0.33 27,423 27,514 28,560 El Paso De Robles 0.23 30.004 30,072 30,072 Grover Beach -0.02 13,278 13,276 13,276 Morro Bay 0.30 10.576 10,608 10,608 Pismo Beach 0.31 8,677 8,704 8,704 San Luis Obispo 0.27 44,829 44,948 44,948 Unincorporated 1.73 111,494 113,421 119,918 County Total = 0.87�- 263,391 265,688 273.231 1 .(') Ezdusions include residents on federal military installations and group quarters residents in slate mental institutions. state and federal correctional institutions and veteran homes. ATTACHMENT C Fiscal Year 2010-2011 May 2010 A. Price Factor: Article XIII B specifies that local jurisdictions select their cost -of -living factor to compute their appropriation limit by a vote of their governing body. The cost -of -living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the 2010-2011 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2010-2011 G!2`54si B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2010-2011 appropriation limit. 2010-2011: Per Capita Cost of Living Change = -2.54 percent Population Change = 1.03 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2010-2011: C -2.54 + 100 = .9746 100 1.03 + 100 = 1.0103 100 9746 x 1.0103 = .9846 ATTACHMENT 0 RESOLUTION NO. 31-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING REVISIONS TO THE MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council finds that fees and charges for City services are annually in need of review for possible updating to reflect changes in the cost of providing those services; and WHEREAS, the California Constitution, in Article 13B Government Spending Limitation Section 8(c), states that proceeds in excess of user charges and user fees that exceed the costs reasonably home by the City in providing the regulation, product or service are considered proceeds from taxes that are subject to the annual appropriation limit; and WHEREAS, the City has reviewed these fees and finds that they do not exceed the actual costs of providing related services; and WHEREAS, the City's Municipal Code Section 3.34.020 provides for the annual review of the Master Fee Schedule and revision; and WHEREAS, on August 11, 2008, the City Council adopted Resolution No. 49708, which stated that "the Master Fee Schedule will be brought back in its entirety for review annually." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Master Fee Schedule be revised, and published as amended. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 28's day of June 2010, by the following vote: AYES: Borchard, Grantham, Smukler, Peters NOES: Winholtz ABSENT: None JA7 TERS, ayor BOUCHER, Deputy City Clerk RESOLUTION NO.30-10 APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 105.1W (LOCATED ADJACENT TO 1001 FRONT STREET) BETWEEN MICHAEL AND ORIETTA DeGARIMORE AND ALAN AND WENDY RACKOV, DOING BUSINESS AS LOST ISLE ADVENTURES CITY COUNCIL 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; and, WHEREAS, Michael and Orietta DeGarimore are the lessees of said property; and, WHEREAS, Michael and Orietta DeGarimore have requested City Council approval of a sublease agreement for a portion of Lease Site 105.1 W with Alan and Wendy Rackov, doing business as Lost Isle Adventures; and. WHEREAS, the lessees have completed the application form, paid the sublease application fee and provided background information on the proposed sublessee. The Consent to Sublease agreement has been executed by Michael and Orietta DeGarimore ® and Alan and Wendy Rackov, 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 Morro Bay that sublease of a portion of a sublease agreement for a portion of Lease Site 105.1 W between Michael and Orietta DeGarimore, and Alan and Wendy Rackov, doing business as Lost Isle Adventures, is hereby approved, and that the Mayor is hereby authorized to execute the Consent to Sublease document. PASSED AND ADOPTED bx the City Council of the City of Morro Bay at a regular meeting held thereof on the 14 day of June 2010, by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: ® RESOLUTION NO. 29-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA SUBMITTING TO THE VOTERS A BALLOT MEASURE PROHIBITING MEDICAL MARIJUANA DISPENSARIES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010; AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN LWARTIAL ANALYSIS OF THE MEASURE THE CITY COUNCIL City of Morro Bay, California WHEREAS, one initiative petition was presented to the City Clerk on May 3, 2010 to amend the Morro Bay Municipal Code to prohibit medical marijuana dispensaries in Morro Bay; and WHEREAS, said initiative petition has been examined by the City Clerk and certified as being sufficient in accordance with .Section 9211 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 2, 2010; and 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 an ordinance be adopted to prohibit Medical Marijuana Dispensaries in the City of Morro Bay? YES NO 2. - The City Clerk is hereby directed to forward a copy of this.ballot measure to the County Clerk for inclusion in the ballot for the November 2, 2010 General Municipal Election. 3. The initiative measure 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. El ® Resolution No. 29-10 Page Two 4. The City Council hereby directs the City Attorney to prepare an impartial written analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 5. The City Council authorizes its members to file written arguments for or against the measure described above and which is contained in Exhibit "1" to this resolution, which exhibit is incorporated by reference. All written arguments filed by any person in favor or against the measure shall be accompanied by the names and signatures of the persons submitting the arguments as required by applicable law and any names, signatures and arguments may be filed until the time and date fixed by the City Clerk, after which no change may be submitted to the City Clerk unless permitted by law. 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit "1", together with the City Attorney's impartial analysis, and any arguments for or against the measure, to be mailed to all qualified voters with the ballot. In addition to other notices and publications required by law, the City Clerk, not less ® than forty (40) days and not more than sixty (60) days before the General Municipal Election, shall cause the text of the measure to be published once in the official newspaper. The. City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to properly conduct the election. PASSED AND ADOPTED bZ the City Council of the City of Morro Bay at a regular meeting thereof held on the 14 day of June 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: ' 1D 0 EXHIBIT 1 Ban on Medical Marijuana Dispensaries in Morro Bay Medical Marijuana dispensaries are prohibited in all zoning districts within the City of Morro Bay. No use permit, variance, business license or other applicable entitlement or approval will be accepted, approved or issued by the City of Morro Bay for the establishment or operation of a medical marijuana dispensary. A medical marijuana dispensary is defined as any facility in a single fixed location where a primary caregiver makes available, sells, transmits, gives, or otherwise provides medical marijuana or cannabis for medical purposes to two or more qualified patients or persons with an identification card in accordance with Health and Safety Code section 11362.5 A medical marijuana dispensary shall not include the following uses as long as the location of such uses area is otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a health care ® facility for persons with chronic life -threatening illness, licensed pursuant to Chapter 301 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 32 of Division 2 of the Health and Safety Code; a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code; as long as any such use complies strictly with applicable California and federal law. 1 RESOLUTION NO.28-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE OPERATING BUDGETS AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2010-11 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 the 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, 2010; 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: 1. The Fiscal Year 2010-11 Operating Budgets are adopted as presented herewith and in subsequent attached amendments (if any), and any further amendments made at this meeting; 2. Staff is directed to prepare and publish a final budget document; 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 appropriations are not exceeded; 4. City Council approval is required to transfer appropriations between funds, capital projects, or capital outlay items; 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, 2010, to the Capital Improvement Project ® Fund(s) for the 2010-11 fiscal year; Resolution No. 28-10 Page Two 6. The City Council directs that the hiring freeze for positions in the City workforce continue for those positions funded within the General Fund, with the exception of safety personnel, and the City Council reserves the right to review any vacancies on a case -by -case basis as to its official policy; and 7. The City Council agrees that the following language will amend Section 2.2 of the Council Policies and Procedures: The Mayor and Council Member are required to participate in P,A.R.S. retirement. The City shall pay a contribution to P.A.R.S. equal to 1% of salary. The City shall pay, in full, the cost of the Mayor's and Council Members' participation in the lowest cost HMO or PPO medical plan (self only), dental vision, and life insurance. Any unexpended amount in medical will be distributed to the Mayor and Council Members. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 14t6 day of June 2010, by the following vote: is AYES: Borchard, Grantham, Smukler, wnholtz, Peters NOES: None. ABSENT: None. - JANXE PETERS, may6r BRIDGE KESSL G, CityJerk E RESOLUTION NO.27-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHNG THE PARAMETERS FOR USE OF THE GENERAL FUND (ACCUMULATION) RESERVE THE CITY COUNCIL City of Morro Bay, California WHEREAS, in 1993, the Morro Bay City Council adopted Resolution No. 55-93, which designated an $800,000 reserve (reported in the General Fund's equity section of the balance sheet) for emergencies out of the General Fund; and WHEREAS, in 2003, the Morro Bay City Council adopted a policy statement regarding further establishment of a reserve in an amount equal to or greater than 27.5% of the General Fund operating budget; and WHEREAS, on February 22, 2010, the Morro Bay City Council adopted is Resolution No. 13-10, which established more. explicit parameters for the Risk Management Reserve Fund, specifically a minimum balance of $500,000; and WHEREAS, as a result of the adoption of Resolution No. 13-10, approximately $2.8 million was transferred to the General Fund (Accumulation) reserve, allowing that fund to meet and exceed the goal 27.5% of the General Fund Operating Budget; and WHEREAS, after discussion during their May 10, 2010 City Council meeting, the City Council desires to further delineate the use of the General Fund (Accumulation) Reserve. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: GENERAL FUND (ACCUMULATION) RESERVE 1. The General Fund (Accumulation) Reserve must meet or exceed either 27.5% of the General Fund operating budget or a minimum of $2,750,000, whichever is greater. 2. Any amount greater than 27.5% of the General Fund Operating Budget or a minimum of $2,750,000 (whichever is greater) may be used for budgetary 0 purposes. ® Resolution No. 27-10 Page Two 3. The amount as referenced in #2 above shall be delineated separately in the budget document. 4. Use of the amount described in #2 above must be approved by the City Council. 5. The General Fund (Accumulation) Reserve will be renamed, and listed in the budget as the General Fund Emergency Reserve. PASSED AND ADOPTED bey the City Council of the City of Morro Bay at a regular meeting thereof held on the 24 day of May 2010, by the following vote: AYES: . Borchardt Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: E ® RESOLUTION NO.26-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHNG A PROCEDURE FOR REQUESTING MEASURE Q FUNDING DURING THE ANNUAL BUDGET PROCESS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Measure Q, a''/2 cent district sales tax, was approved by the voters in Morro Bay in November 2006; and WHEREAS, Measure Q was passed as a General Fund tax without a sunset clause; and WHEREAS, Measure Q, in 2010, is the 4th largest revenue source with which the City of Morro Bay has discretionary spending privileges; and WHEREAS, the ballot language of the Measure is as follows: The Morro Bay Pita/ 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 anmral expenditures? WHEREAS, to date, there have been no formal procedure for the submission of Measure Q funding requests during the annual budget process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the following procedures are adopted for the request of Measure Q funds during the annual budget process: 1. Department Heads must submit Measure Q funding requests to the City Manager/Administrative Services Director well in advance of the first budget hearing. 2. The City Manager and Administrative Services Director shall initially review and prioritize the requests to an "A" and a `B" list (if needed). The "A" list shall include prioritized projects, and use the total anticipated funding available. The `B" list shall continue from the "A" ® list with the priority projects that fall outside the available Measure Q funding amounts. Resolution No. 26-10 Page Two 3. The Department Head Team shall meet, review and recommend the "A" and "B" lists to the City Council. 4. The recommendation shall be included in the preliminary annual budget document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24 h day of May 2010, by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ® ATTEST: 1 FRIM 11 ® RESOLUTION NO.25-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING PARTICIPATION IN THE SAN LUIS OBISPO COUNTY ENERGY WATCH PROGRAM THE CITY COUNCIL City of tMorro Bay, California WHEREAS, local demand for electricity has grown, and is expected to continue to grow in the near future to support a growing population and economy: and WHEREAS, citizens and businesses spend substantial amounts for energy and it makes economic sense and good public policy to encourage efficiency in Morro Bay: and WHEREAS, energy efficiency programs enhance our environment by improving air quality, reducing greenhouse gases and other pollutants, and conserving natural resources; and WHEREAS, it is vital for communities to incorporate energy conservation ® innovations into everyday business practices and create more sustainable and greener communities: and WHEREAS, there is a growing movement within Califomia cities and businesses to improve everyday practices and create more sustainable and greener communities: and WHEREAS, the San Luis Obispo Energy Watch Program has been established to manage the administration, marketing, integration and implementation components of this partnership program: emphasis will be placed on the outreach to the cities and special districts within San Luis Obispo County to assist them in improving the energy efficiency of their facilities and integrating energy efficiency throughout the local communities: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California hereby agrees: 1. The City of Morro Bay supports and endorses the San Luis Obispo Energy Watch Program, a partnership between local agencies in San Luis Obispo County, Pacific Gas & Electric Company, Southern California Gas Company, and the Economic Vitality Corporation of San Luis Obispo. 2. The City of Morro Bay supports a commitment to sustainable practices through the planning and implementation of energy efficient strategies and programs. Il 3. The City of Morro Bay will adopt a Climate Action Plan (CAP), Energy Action ® Plan (EAP), or adopt energy efficiency language into another policy document, such as a General Plan, to reduce community greenhouse gas emissions with a focus on energy efficiency. 4. The City Manager will designate a representative to the San Luis Obispo Energy Watch Program. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of May, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: l ' I ��'. 0 * BRIDGET6KESSLIPG, Energy Watch Partnerships Page 1 of 2 " LI—J Analyze Your Energy Use Login About PG&E Media Newsroom Careers Contact Us Espanol Energy Watch Partnerships im Small and Medium Share Print Business Solutions The Benefit of Local Partnerships Business Large Business Government -Owned -and -Operated Facilities Customer Service Solutions PG&Es Energy VlaYln PaVerslyps create a dosewonmg relabonshp v Ih brat 9overrxnatts b help at xn Center Partners and Tradedevebp and no�managementfret energymanagement p� so tey m hn aaaeve octedives rdre to suss; W Ary ano rin+ae awnge PG&E povides unreraives, tools ana te0avral as uswse dna support and 1-800,46a 47a3 Professionals emP er our panne s in then ¢Routs. Nat army does Ertagy N2vT help rrxhce rusb, it also darvslsaes b Contact Us O Search Energy consaamms ana WrrYIMl5e3 a snmg oxnm:mern w energy e5cienry. Efficiency Implementation Delivery Channel to the Community Specialists Energy V2v3n Posers p provide m0afred axess b PG&E's sMe array of energy a ency prtgarns My Account Search Trade SearchProfes se�sg single- artl mid]- family residents aM smap Gr5ine55es. Man pMr9stvpe w dveoly w lore Tradeionals mn°1 my b Provide energy a aysas b residanEal and small busies ss cust re. Ouaktyvg ast. Login 7 may aso receive the wwWason of energycfoert egrip rc Sign up now 7 Find Energy Watch Partnerships b an egad b pv v greater service b reside n]al aamrrers. PG&E's tow Imm,re Enemy Ef o0 MEE) and Energy VM= pogrom are de"k pug a pilot Pogran to provide ertagy efroenry eptgmxa to For Trade modaateutmrna m3idenb. The pEot program n oe vmodueelv Msdl Energy WWW PaMerstvps and Applications Professionals everosd to � pn rersrtlps over me =m g yea. Customized Retrofit Rebates, Incentives 8 Incentives 7 ' Resources ParinersNps also pound¢ energy wakstxnps artl lasses desigrned spedfiw5y f« bd residents artl New Constsu ciion 5uavesses. Thvgh ones¢ free fraying cppa urvtes, aat«nas.lean new ways b redrm their energy Incentives 7 Demand Response has and ltemne mare enagy95daa Savings BY Design — Incentives Solar Energy Incentives Solar Leadership Design Team 7 Retuormnissioning 7 pamemg mM PG&E, wgaNzations demx=ate uvsr mmrvtnent b podua g meas«a results. Self -Generation Lod Lod age«1es thw lead try ¢.ample can also nrtosas Heir corranw5as b act &dbdonasy, marry Energy Incentives watch PaanashiPs store b reduce greenhouse gas emssi«ts, vtaease rernewadk emrgy usage ana Buyers Guides praxw air guaity, whle aeaung jom aed a"ve vrstwnade m ty, Small and Medium Energy Saving Tips Businesses Services to Save Energy Get cash rebates and Services typically offered through Energy Watch Partnerships include: Energy efficiency audits, retrofits and retrocommissioning of existing municipal buildings More PG&E Energy efficiency design assistance for new municipal buildings Programs Specialized energy efficiency marketing and outreach to local communities Demand Response ElInstallation of energy efficiency equipment for single- and multi -family California Solar jNtiaWe residences and small businesses S Tools for greenhouse gas-reducbon planning Self -Generation Incentives 9 Local energy efficiency seminars ClimateSmart— S Vendor and subcontractor training and education By developing an infrastructure that is more closely linked to the future needs of customers and communities, the Energy Watch Partnerships will help cities, counties, agencies and PG&E to achieve more together than we could alone. Existing 2010 Energy Watch Partnerships Vex a list of partners and areas served View a Mao of counties served by these partnerships. Partnership Area Served Association of Monterey Bay Area Counties of Monterey, San Benito and Santa Cruz; 19 ® Govemments (AMBAG) cities of Central Coast region Enemy Watdt East Bay Energy Watch Counfies of Alameda, Contra Costa and Solaro http://www.pge.com/mybusiness/energysavingsrebates/partnersandtradepros/tradeprofessi... 5/ 17/2010 Energy Watch Partnerships Page 2 of 2 Partnership Area Served ® 1 Fresno City and County Enerw Match Fresno County Kem County Enemy Kem County watch Madera Enerw watch Madera County Marin County Enemy Marin County Watch Mendocino County Mendocino County Enemy Watch Redwood Coast Enerw Humboldt County Watch (RCEWI San Francisco Enerw San Francisco County watch San Joaquin County San Joaquin County Energy Watch City of San Joaquin City of San Joaquin Enemy Watch San Luis Obispo San Luis Obispo County Enemy Watch San Mateo County San Mateo County Enerw Watch Santa Barbara Enemy Northern Santa Barbara County Watch 0 Counties of Lassen, Plumas, Yuba, Siena, Nevada (Grass Sierra Nevada Enemy Valley, Nevada City), Placer (Auburn, Colfax, Lincoln, Watch Loomis, Rocklin, Roseville), El Dorado (Placerville). Amador (Amador City, Lone Pine, Jackson, Plymouth, Sutter Creek), Calavems, Alpine and Tuolumne (Sonora) Silicon Valley Energy Watch Sonoma County Enemy watch Santa Clam County Sonoma County Get Involved Do you live or operate a business in a partnership community? Ca0 us at 1-800468- 4743 (business customers) or 1-800-933-9555 (residential customers) to learn how the Energy Watch Partnership can work for you. ClimateSmarB� Pa perless Wave Power. Billing Fnrdlywr o t hminess help to '*`i'..A Bad for 9ndrastle5. 0 V-. and pey 0ghta6 change. ;y. ��� ,�ti .r" I Good foryoLL bills online. 4 L.am coon .� wwndothl&c= i Lam corn For My Home For My Business About PG&E Privacy Disclosure FAQ Site Map RSS 'PG&E' refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. V 2009 Pacific Gas and Electric Company. AD rights reserved. http://www.pge.corn/mybusiness/energysavingsrebates/partnersandtradeprosltradeprofessi... 5/ 17/2010 ® RESOLUTION NO.24-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING THE PROTECTION OF WHALES AND OPPOSING THE RESUMPTION OF COMMERCIAL WHALING AND TEN-YEAR QUOTAS FOR GRAY WHALES AS PROPOSED BY THE INTERNATIONAL WHALING COMMISSION THE CITY COUNCIL City of Morro Bay, California WHEREAS, whales are considered sentient beings at the apex of the marine food chain and are extremely important for the health and vitality of our oceans, and WHEREAS, the California gray whale is our official State Marine Mammal and is enjoyed by whale watchers along the coast of California every winter and spring; and WHEREAS, whale watching of gray whales and other species is a valuable economic activity in coastal communities throughout California; and is WHEREAS, the California gray whale population is showing signs of stress; and WHEREAS, all whale populations, including the gray whale, are facing serious global environmental problems including the effects of global climate change, acidification of the oceans, and the harvesting of krill and other small fish species; and WHEREAS, as of the 1986-87 whaling season, the International Whaling Commission (IWC) adopted an indefinite moratorium on commercial whaling; and WHEREAS, the US government vigorously promoted the whaling moratorium and has in the past led efforts to protect whales, supporting the establishment of the entire Southern Ocean as an 1 WC whale sanctuary; and WHEREAS, an IWC delegation has now proposed an agreement that would legalize commercial whaling, including current so-called "scientific whaling," from which all the products are marketed; and WHEREAS, this agreement would set ten-year whaling quotas for species for both commercial and subsistence whaling, including gray whales, without regard to review of the population status of the species or potential adverse impact on populations; and WHEREAS, this agreement would allow a subsistence quota of 1.400 gray whales over the next ten years; and E WHEREAS, the IWC is scheduled to consider this new whaling agreement and to take action on it at their annual meeting on June 21-25, 2010, in Agadir, Morocco. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby oppose the agreement to renew commercial whaling and set ten-year quotas for gray whales as proposed by the International Whaling Commission, and urges President Barack Obama to direct the United States Delegation to the IWC to oppose any such agreement, and further urges the IWC to end all commercial whaling, including whaling under so called "scientific" permits, and urges the IWC to focus instead on protecting whales and their habitat to encourage non -lethal encounters with whales for education and scientific study, and address solutions to global environmental problems that threaten whale populations. PASSED AND ADOPTED, by the City Council, City of Morro Bay at a regular meeting thereof held on the I Oth day of May, 2010 by the following vote: AYES: NOES: ABSET: ABSTAIN: ATTEST: Mayor Peters, Councilmembers Borchard, Grantham, Smukler, Winholtz None None None JA ' IE BOUCFIER, Deputy City Clerk u.w.muncil.re lution 24-10 whaling 2 RESOLUTION NO.23-10 ® 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 11, 2009, 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 XM, 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 14, 2010 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 10, 2010 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 2010-2011. 11 RESOLUTION 23-10 PAGE ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 10'' of May, 2010 by the following roll call vote: AYES: Mayor Peters, Councilmembers Borchard, Grantham, Smukler, Winholtz NOES: None ABSENT: None Ja&W Boucher, Deputy City Clerk El RESOLUTION NO.22-10 ® 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 10, 2010, 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 Is WHEREAS, pursuant to the intent of Article XHL 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 14, 2010 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 10, 2010, 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 2010-2011. u RESOLUTION 22-10 PAGE Is PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 10'h day of May, 2010 by the following roll call vote: AYES: Mayor Peters, Councilmembers Borchard, Grantham, Smukler, Winholtz NOES: None ABSENT: None ATTEST: ie Boucher, Deputy City Clerk 11 I] ® RESOLUTION NO.21-10 AUTHORIZATION OF ONE-TUVIE RENT CREDITS FOR CERTAIN CITY TIDELANDS LEASE SITE TENANTS TO REDUCE VACANCIES ON THE EMBARCADERO AND STIMULATE BUSINESS CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City of Morro Bay manages some 40 ground lease agreements on state granted tidelands, many of which are multi tenant, mixed use developments; and WHEREAS, retail vacancies on City tidelands leased properties are historically high, and many City tenants are experiencing difficulty finding new sub tenant businesses and must offer drastically reduced rents for those few interested new retail sub -tenants; and WHEREAS, the City has taken steps to reduce minimum rents, make payment plans, expand allowable uses on certain City tidelands Lease Sites and now desires to offer limited one time rent credits for Tenants to establish new subtenant businesses on said Lease Sites under certain conditions; and ® WHEREAS, the City waived a contractual CPI increase of 3.5 percent in the FY09-10 minimum rent based on the 2008 calendar year CPI. The CPI for the 2009 calendar year was -.08 percent. The City could contractually now include the 3.5 percent 2008 calendar year CPI increase for the purposes of calculating FYI 0-11 minimum rents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Staff is authorized to provide certain tidelands Lease Site Tenants a rent credit up to $6000 under the following conditions: 1) The rent credit will be $3000 per new retail subtenant, up to a total of $6000 per modern Master Lease Agreement, in a space that is'currently vacant or becomes vacant prior to June 30, 2011. 2) The rent credit can be taken on the FY09-10 percentage rent payment or the FY- 10-11 percentage rent payment. Those tenants who are not paying percentage rent are not eligible. If a tenant pays less than $3000 percentage rent, or in the case of two rent credits $6000 percentage rent, then the maximum rent shall be the total percentage rent paid. 3) The rent credit is only for "new" businesses on the sites; relocated businesses from elsewhere in the City of Morro Bay, or from other City tidelands Lease Sites, shall not be eligible for the rent credit. Businesses directly operated by the Master Tenant shall be eligible only if they are new businesses in vacant spaces. u E C 4) Rent credits for subleased businesses must be passed through to the subtenants as evidenced in Sublease agreements. 5) This rent credit shall expire on June 30, 2011, unless extended by Resolution of the City Council. BE IT FURTHER RESOLVED, that, consistent with the City Council Resolution #47-09, for the purposes of calculating FYI 0-11 minimum rent on City modem lease agreements, Staff is directed not to recapture the 2008 calendar year CPI increase of 3.5 percent. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 12 day of April, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None J CE PETS Mayor ATTEST: -2- ® RESOLUTION NO.20-10 APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 113W (LOCATED AT 1215 EMBARCADERO) BETWEEN VIRG'S FISH'N, INC. AND ALAN AND WENDY RACKOV, DOING BUSINESS AS LOST ISLE ADVENTURES 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 113W; and, WHEREAS, Virg's Fish'n, Inc. is the lessee of said property; and, WHEREAS, Virg's Fish'n, Inc. has requested City Council approval of a sublease agreement for a portion of Lease Site 113W between Virg's Fish'n, Inc., and Alan and Wendy Rackov, doing business as Lost Isle Adventures. WHEREAS, Virg's Fish'n, 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 by Virg's Fish'n, Inc., and Wendy Rackov, and a copy of the sublease agreement has been provided to the City. Is NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that sublease of a portion of a sublease agreement for a portion of Lease Site 113W between Virg's Fish'n, Inc., and Alan and Wendy Rackov, doing business as Lost Isle Adventures, is hereby approved, and that the Mayor is hereby authorized to execute the Consent to Sublease document. PASSED AND ADOPTED bX the City Council of the City of Morro Bay at a regular meeting held thereof on the 12 day of April 2010, by the following vote: AYES: Borchard, Grantham, Smukler, Peters NOES: Winholtz ABSENT: None ATTEST: I,GETA KESS9M,jerk ® RESOLUTION NO.19-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA COMMENDING CORINNE BLACK THE CITY COUNCIL City of Morro Bay, California WHEREAS, on January 5, 2010 at about 1:20 p.m., Morro Bay Police were summoned to Chase Bank for a possible suspect attempting to fraudulently obtain funds with a credit card; and WHEREAS, you, an employee of the bank and a former Morro Bay Police Dispatcher, remembered a security bulletin you previously reviewed from the bank and recognized the suspect's name and method of operation; and WHEREAS, you delayed the suspect in the bank to notify the police department, then followed the suspect out of the bank, watched the suspect enter a vehicle, and saw Police Volunteer Ken Vesterfelt standing across the street; and WHEREAS, you informed Ken of the suspect vehicle and he then radioed that information to dispatch and patrol units on his police walkie talkie that he carries as a ® Police Volunteer; and WHEREAS, officers were able to locate the suspect vehicle as a result of your actions and arrested three suspects and police investigators have determined that these suspects are responsible for bank fraud involving banks up and down the coast in excess of $150,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that you are to be commended for a job well done and helping bring a string of crimes to a successful close. You are an exemplary member of this community. PASSED AND ADOPTED bZ the City Council of the City of Morro Bay at a regular meeting thereof held on the 12 day of April, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winhi NOES: None ABSENT: None ATTEST: IJ ® BRH)GETO KESSLING, City rk RESOLUTION NO. 18-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA COMMENDING POLICE VOLUNTEER KEN VESTERFELT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on January 5, 2010 at about 1:20 p.m., Morro Bay Police were summoned to Chase Bank for a possible suspect attempting to fraudulently obtain funds with a credit card; and WHEREAS, Corinne Black, a former Morro Bay Police Dispatcher is an employee of the bank and remembered a security bulletin she previously reviewed from the bank and recognized the suspect's name and method of operation; and WHEREAS, Corinne followed the suspect out of the bank, watched the suspect enter a vehicle, and saw you standing across the street; and WHEREAS, Corinne informed you of the suspect vehicle and you then radioed that information to dispatch and patrol units on your police walkie talkie that you carry as a Police Volunteer; and WHEREAS, officers were able to locate the suspect vehicle based on your description and arrested three suspects; and WHEREAS, police investigators have determined that these suspects are responsible for bank fraud involving banks up and down the coast in excess of $150,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that you are to be commended for a job well done and helping bring a string of crimes to a successful close. You are an exemplary Police Volunteer. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 12 day of April, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winhc NOES: None ABSENT: None : ® RESOLUTION NO.17-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING THE FINAL MAP FOR TRACT 2978 THE CITY COUNCIL City of Morro Bay, California WHEREAS, on July 20, 2009, the Planning Commission 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, including the conditional approval of Vesting Tentative Tract Map 2978 by the City Council at the June 13, 2005 hearing, and those recommendations made by the Planning Commission during the public hearing they held on April 18, 2005; and WHEREAS, the Planning Commission did conditionally approve the Tentative Map for Tract 2978, and associated development applications, based on certain Conditions of Approval; and WHEREAS, the City Council and Planning Commission have previously made findings required by the California Environmental Quality Act (CEQA) and the City of Morro Bay procedures for implementation of CEQA; and Is requests 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 the California Subdivision Map Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City hereby approves the final map for Tract 2978. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of April, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None BRIDGET-OKESSLI�G, City Cl l L ATTACHMENT B ■ SHASTA AVENUE 1 0 I ® RESOLUTION NO.16-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA 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.) THE CITY COUNCIL City of Morro Bay, California 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 Morro Bay Municipal Code 16.16.030; and WHEREAS, these conditions are more specifically identified in the Precise Plan (condition F1-177); and is WHEREAS, the Owners of the real property within the proposed district consented to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22608.2 et seq.), and are the only owners of property to be subject to assessments within the district; and WHEREAS, the Owners of real property within the proposed district offered in fee and in perpetuity, Lot 11 of Tract 2110, and the City has agreed to said Offer of Dedication, provided that the cost of maintenance of thereof is home by an assessment district as required by the Conditions of Approval of the project; and WHEREAS, one hundred percent (100%) of the property owners approved formation of the District to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act NM, C & D). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to levy and collect assessments pursuant to the "Landscaping and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) u ® Resolution No. 16-10 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 10, 2010 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12`s day of April, 2010 by the following vote: AYES: Borchard, Grantham, Smukler, Wmholtz, Peters NOES: None ® ABSENT: None ATTEST: :' It 1 MVA&� EXHIBIT 'A' CITY OF MORRO BAY ® NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM 20 I.lo ACC �n A Q' � 4•�}_ Win. l4 NO AREA CNEN s El NORTH POINT NATURAL AREA LEGEND 1. = LOT NUMBER 10 = COUNTY ASSESSORS PARCEL NUMBER r.s .9 s 1s y TRACT 2110 0 RESOLUTION NO. 15-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA 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 SEW THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has placed certain conditions on the development of Tract 1996, The Cloisters, requiring formation of a property Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a public park, bicycle pathway, right-of-way landscaping, coastal access ways, ESH restoration area, and other common area improvements to be held by or dedicated to the City of Morro Bay as required by City Ordinance; and WHEREAS, these conditions are more specifically identified in Vesting Tentative Tract Map (condition l0e) and Precise Plan (condition 2c) as required by City Ordinance; and ® WHEREAS, the Owners of the real property within the proposed district have consented in writing to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.), and are the only owners of property to be subject to assessments within the district; and WHEREAS, the Owners of real property within the proposed district have offered to dedicate in fee and in perpetuity, Lot 121 (Parcel 1) and Lot 122 of Tract 1996, and the City has agreed to accept said Offer of Dedication, provided that the cost of maintenance of thereof shall be borne by an assessment district as required by the Conditions of Approval of the project; and WHEREAS, one hundred percent (100%) of the property owners approved formation of the district to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act XM C & D); and that u NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay a. The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to levy and collect assessments pursuant to the "Landscaping and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) 11 Resolution No. 15-10 Page 2 b. 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 1I'ighways 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. c. 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. d. An Engineer's Report will be prepared for consideration at the May 10, 2010 City Council meeting. e. 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 on the 12`h day of April, 2010 by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None J CE PETERS/Mayor ATTEST: TPOB PARCEL I Most northerly corner of Lot 122 of Tract 1996 0 1* 400' VVI ® RESOLUTION NO.14-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE ACTING PUBLIC SERVICES DIRECTOR TO EXECUTE THE AGREEMENT ASSOCIATED WITH THE ARRA FUNDED NORTH MAIN STREET TRANSPORTATION PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) solicited transportation projects to be funded by the American Resource and Recovery Act (ARRA); and WHEREAS, SLOCOG approved the City's North Main Street Bike Lane Project and included it in their recommendations to the California Transportation Commission for ARRA funding; and WHEREAS, the Caltrans Policies and Procedures require that the signatory of the Federal Master Agreement receive authorization from the local governing body; and ® WHEREAS, the State of California has authorized $480,000, under the ARRA program, for the North Main Street Bike Lane Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Acting Public Services Director, or his duly appointed representative, is authorized to execute the Agreement for the North Main Street Bike Lane Project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22°d day of March, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None KCAA D �1 fr �� i E U t�r ATTACHMENT 1 U N. 0 L n ---� E O m E _ V J O � � L 0 0 4_ 7 N O CD CC U v m 5� L L z n" ao� 7aa4S �ano7 Aeg O,1JOW 40 Aq}D \ 0 2 \ \ t c eu;n eqj±o I#AemHEH - uw 0119 >e6 q@ON , 3 \ ./ \ ( a \ ) \ \ s > � \ { \ 7 } « Ln \ /< \\ /\\ y =\\ Ln j \ \ 3 CD »>12 0 75 \, /R/ >e \\\ 7 \/ \%2 a 2 © a 1 \>2 \§ »O/ \Q/ /\\ — \� ( , \) �G7 tn JE§EE[[// )\\ 3®/»(©2oGE\\^ ±{E\\\ [//7\ " %}ees2>=Rw ®``»`®`22/ },e7te=©u/=a= »EfS{2\\_/3`®& aaGusudƒ/>7s \[\()\\�\\ Ln @zEo_au__ OOSSSSOOSSS72 I _I —I ~ ®% _I w&u,uwme®p_uoo Aegc«G 10 &g \ \ \ \ / \ \ u) ( \\ e� \\ �/ t - = p er %\ 2 e \ `` \/ +@ 2\ \ /// / \% �R7\ x A �/ G222 /$ ed /\\/\ \ \ �14 � euong egjoA oq 1 {, AemgfgiN -oue� Olig uieW 44JON auo-1 6UI�Jod/G? {!q 0 O 0 Ln U) GUDJ IanoJl N d auol IGADJI i auD� a�ig CU A�Q G1N nA �F N F amOIW 6uqJed ON uogO G ssoiD Ie tcl j co m !eg OJJOVN }O Aql�) I►► 4 E 0 T u /D V (n O CO O U U 0-) U � C) wl euong egja,� o4 I {, Aem4fgiN -ouq olig uiew 44JON A e O CD Ln Po SIN n k aof 6uqJed ON uoivac; ssoJ7 Je Idxj !eg oJJoA }o A41D Iti z U 0 Uz 0 O uz II. 13 Cl City Of Morro Bay N. Main: From 100 ft North of Avalon 5t. to 100 ft North fay Vegas 5t. Yem N -I —"t 2'(A6 — Joe Yu '=2d 07 NN 1 North Main Bike Lane - Highway 4 1 to Yerba Buena �J LJ �� City Of Morro Bay N. Main: From 50 it North of t25 Vegas 5t. N - North Main Bike Lane - to 200 Ft North of Elena St. I s., NWI/ Highway 4 1 to Yerba Buena Joe Yu I °=20' 08 e AN5?S ?3y" t J� 0 RESOLUTION NO. 13-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHNG THE PARAMETERS FOR THE RISK MANAGEMENT FUND THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay currently operates an Internal Service Fund entitled Risk Management; and WHEREAS, the City purchases insurance from the California Joint Powers Insurance Authority (CJPIA); and WHEREAS, the City pays for this insurance through the Risk Management Fund, and collects money, on a monthly basis, from the benefitting City departments/funds to reimburse for the cost of the insurance; and WHEREAS, as of January 31, 2010, the Risk Management Fund had accumulated a cash balance in the amount of $2.9 million; ® WHEREAS, the cash requirements for the City have been estimated at $500,000 to pay for any uncovered lawsuits, such as land -use, personnel issues, etc; and WHEREAS, the CJPIA does not require the City to maintain a Risk Management Fund, and most cities do not have a separate Risk Management Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Morro Bay, California, as follows: RISK MANAGEMENT FUND 1. The Risk Management Fund is established as an Internal Service Fund whose purpose is to manage the insurance purchased from the CJPIA, and to pay for any claims not covered by CJPIA; 2. The Risk Management Fund, while not required by CJPIA, has been determined, by the City, to be necessary to account for the covered and uncovered insurance expenses; 3. The cash needs of the Risk Management Fund have been estimated at 5500,000; and 4. The Risk Management Fund cash needs will be annually evaluated through the budget, and adjusted as necessary. r ® Resolution No. 13A0 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22od day of February 2010, by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: �, C ' D' 1 1 11 ® RESOLUTION NO.12-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING SACRAMENTO COUNTY TO RECEIVE THE SUPPLEMENTAL ENERGY PROGRAM GRANT ON BEHALF OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, Catifornia WHEREAS, the City of Morro Bay City Council recognizes that it is in the interest of the regional, state, and national economy to stimulate the economy; create and retain jobs; reduce fossil fuel emissions; and reduce total energy usage and improve energy efficiency within our jurisdiction; and WHEREAS, State Energy Program (SEP) funds are available through the California Energy Commission's SEP for grants to eligible local governments for energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by the American Recovery and Reinvestment Act of 2009 ("ARRA"); and WHEREAS, SEP allows for cities, counties, or groups of cities and counties in ® California to apply for SEP funds on behalf of eligible local governments; and WHEREAS, the City of Morro Bay is eligible for SEP funding under the California Energy Commission's SEP; and WHEREAS, the City of Morro Bay is proposing to collaborate with Sacramento County to implement a program for financing the energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA, which program is described in Exhibit A for the purpose of qualifying for SEP funds from the California Energy Commission; and WHEREAS, the City of Morro Bay has considered the application of the California Environmental Quality Act (CEQA) to the approval of the program for financing energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA described in Exhibit A; and NOW, THEREFORE, BE IT RESOLVED, that in compliance with the CEQA, the City of Morro Bay finds that the approval of the program for financing energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA described in Exhibit A is not a "project" under CEQA, because the program does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4)). 11 ® BE TT FURTHER RESOLVED, that the City of Morro Bay authorizes Sacramento County to submit a collaborative application on its behalf to the California Energy Commission for a potential apportionment of up to $575,000 in SEP funds for the program for financing energy efficiency, energy conservation, renewable energy, and other energy related projects and activities authorized by ARRA described in Exhibit A. BE PP FURTHER RESOLVED, if recommended for funding by the California Energy Commission, the City of Morro Bay authorizes. Sacramento County to accept a grant award on its behalf and to enter into all necessary contracts and agreements, and amendments thereto, on its behalf to implement and carry out the program for financing the projects described in Exhibit A. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of February, 2010. on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: BRIDGE T KESS G, City Jerk 11 ® EXHIBIT A California Energy Commission State Energy Program CaliforniaFIRST Collaborative Proposal Summary of Proposal Scope & Budget Framework Description of Program Proposal Under the lead applicant, Sacramento County, the 14 counties eligible to participate in the pilot stage of the CaliforniaFIRST Program are collaborating on a proposal to the California Energy Commission State Energy Program for a grant of up to $16.5 million. The grant funds will be used to offset initial fees associated with bond issuance, start-up costs for the 14 counties and all incorporated cities, an interest rate buy -down, local marketing/education/training/outreach, local coordination, and grant administration to support the launch of the CaliforniaFIRST municipal financing program. CaliforniaFIRST Program County Participants and Proposal Collaborators ✓ Alameda ✓ Sacramento ✓ San Mateo ✓ Ventura ✓ Fresno ✓ San Benito ✓ Santa Clara ✓ Yolo ✓ Kern ✓ San Diego ✓ Santa Cruz ✓ Monterey ✓ San Luis Obispo ✓ Solano Budget Basics ® 1. CaliforniaFIRST financing costs and fees (—$6M) Guided by California Communities and the CaliforniaFIRST Program Administrator Renewable Funding, this program element will: • buy -down the interest rate on the initial round(s) of projects financed by the CaliforniaFIRST Program, • cover fixed costs associated with initial bond counsel, bond disclosure, fiscal agent and bond rating, • cover legal and validation costs, and • cover the deployment of technology (web portal) to support local programs. 2. Grant/Contract Administration & Steering Committee Liaison: (—$2.OM) On behalf of the applicant agency, grant/contractor administration duties include gathering relevant reporting information from all partner jurisdictions and California FIRST, financial oversight and invoicing, contract administration, tracking, monitoring, and oversight of deliverables. In addition, the grant administrator will serve as the partner liaison between all participating steering committees to maintain coordination and consistency on the local marketing efforts between parties as well as provide marketing and contract technical assistance, training, and advice to participating agencies. The Grant Administrator will also coordinate local efforts with those programs funded under the California Comprehensive Residential Building Retrofit Program. 3. Regional Program Coordination & Marketing: (—$B.SM) In line with the overall project goals, funding has been budgeted on a regional basis to each of the six primary program regions in the following amounts, based on total number of ® Counties: ® Capitol Region (Sacramento/Yolo): $1,800,000 • Central Valley Region (Fresno/Kern): $1,150,000 • Bay Area Region: (Alameda/San Mateo/Santa Clara/Solano): $2,300,000 • North Central Coast Region: (Monterey/Santa Cruz/San Benito): $1,725,000 • South Central Coast Region: (Ventura/San Luis Obispo): $1,150,000 • Southern California Region: (San Diego): $575,000 This final program element serves to provide each region with the resources necessary to help facilitate the rapid adoption of energy efficiency and renewable energy generation system installations throughout the target area by connecting property owners to any and all available on -the -ground or proposed resources, and services, providing a streamlined framework for easy navigation, reduced out-of-pocket expenses, and overall increased cost effectiveness for both participants and the program overall. The focus of the program will be to create region -wide (or county -wide, where appropriate) cooperative project design, implementation, marketing, and coordination to maximize economies of . scale, take advantage of overlapping markets, and ultimately allow each dollar to go further to benefit all parties. Financing Costs and Fees A. Financing Costs As Program Administrator of the California Communities CaliforniaFIRST Program, Renewable Funding will coordinate and provide program administration, financing, and legal services to support a robust statewide municipal financing program. Specific financing costs are concentrated at the start of the program and result in increased fees to a program ® participant, and therefore a higher effective interest rate. In order to lower the interest rate, the SEP funds will be used to cover bond disclosure counsel, bond rating fees, and a bond fiscal agent. In addition, a direct interest rate buy -down will be employed to achieve a bond rate that is equivalent to an A -rated bond, which is likely to be the bond rating later in the program. B. Set-up Fees A funding request equivalent to the city and county set-up fees will be included in the proposal. The costs for initial legal work and validation proceedings will be covered by this request. Additionally, the costs of establishing county web portals, importing local assessor's data, and maintaining the website will be part of this funding request. Suggested Maior Marketina Program Coordination & Marketing Program Elements A. Agency Coordination / Steering Committee Participation In recognition of the additional coordination time required to get new programs off the ground, individual counties may elect to include a modest amount of staff time for agency representatives to participate in the program steering committee and other activities to drive marketing program design, educational/marketing material development, form and protocol development, etc. By investing this time at the onset, we are able to develop a self-sustaining program for the long term. County agencies (that is, auditor/tax collector/controller) will receive a small percentage, incorporated into each loan, to cover regular ongoing program administration costs associated with maintaining the tax roll and collecting annual assessments in years beyond the grant term. Some jurisdictions may instead wish to contribute this time as project leveraged funds/resources to increase overall program cost effectiveness based on their individual needs and resources. Regional ® partnership may also elect to use a portion of the resources from this program element toward informal or formalized staff/personnel training within their jurisdictions. ® B. Education / Outreach/ Marketing Successful program adoption requires thoughtful design, convenient procedures, and a robust program education component to encourage and energize program participation. Achieving this goal, the project team will create clear, consistent, and thematic program branding imagery, educational and recruitment tools such as program brochures. The program will be supported by the CaliforniaFIRST web portal and links to new and existing partner and complementary websites, frequently asked questions, applications, and/or other program materials. In addition, the project will engage a wide -stretching network of partners to promote, recruit, and disseminate program information utilizing existing mechanisms of door-to-door outreach, community event tabling, workshops and presentations, or other appropriate energy efficiency and complementary program participation activities. Major elements might include: ✓ Outreach Promotional Materials: Brochures, Door -hangers, Postcard Mailers, Bill Inserts, etc. ✓ Program Marketing Advertisements: Print Ads, Radio/TV Ads, PSA Production ✓ Promotional Outreach Events, Trade Shows or Community Workshops ✓ Homeowner/Business/Contractor/Staff Training Seminars ✓ Sustainability Site Signage ✓ Green Building and/or LEED Certification Technical Assistance C. Community Coordinator / Partner Liaison / Supplies The community coordinator is envisioned to serve as the single point regional program coordinator to unify, inform, collaborate, and engage all program parties in relation to local coordination and marketing efforts; respond to public inquiries; facilitate the education, ® outreach, marketing, recruitment; and promote program adoption by the target community. In addition the coordinator is responsible for coordinating with the grant administrator, tracking/reporting necessary progress and metrics, meeting/exceeding grant milestones and targets, incorporating required complementary program components, and working with CaliforniaFIRST to assure QA/QC measures are applied to all participating properties. Specific tasks will be driven by the overall project goals as well as the specific needs of each region and may include: ✓ Coordination with Grant Administrator/Steering Committee Liaison ✓ Marketing Coordination with CaliforniaFIRST Municipal Finance District ✓ Facilitation of local Regional Steering Committee Members and Partners ✓ Assist with Implementation Strategy, Documents, Procedures & Protocols Development ✓ Guide Promotion, Marketing, Education, Recruitment & Program Information Dissemination ✓ Link Program Participants to Regional Energy Efficiency & Complementary Programs ✓ Connect to Concurrent Complementary Workforce Development Training/Graduates ✓ Administer Regional Program Budget, Competitive Bidding, Other Program Transparency Reqs ✓ Track and/or compile, Monitor & Evaluate Program Progress, Energy Savings, GHG Reductions Achieved, Partner Leveraged Funds and Ancillary Environmental Benefits Sample County Budget A sample budget based on the above framework is provided below. Please note that these amounts are subject to change based on the actual needs of each participating jurisdiction as well as feedback obtained regarding funder and partner thresholds for competitiveness. 11 Component % Overall Gross Benefit Per County Net Benefit Per County 1.CalifomiaFIRST Costs & Fees 39% $ 428,571.43 - 2. Grant Administration & Technical Assistance 10% $ 107,142.86 - 3A.Steering Advisory Committee 10% $ 115,000.00 $ 115,000.00 3B. Education, Outreach, Incentives, Marketing 23% $ 258,750.00 $ 258,750.00 3C. Community Coordination 18% $ 201,250.00 $ 201,250.00 Total 100% $ 1,110,714.29 $ 575,000.00 Grant Development Team: • County of Sacramento —Lead Agency (Applicant), will oversee grant writing, provide final edits and required signatures, and submit finalized proposal on behalf of entire collaborative team based on the approved proposed program scope and budget framework • Ecology Action —Partner Grant Writer (Lead on Marketing), will develop narrative based on proposed program scope and budget framework, especially as it pertains to local coordination and marketing project administration, marketing/contract technical assistance, regional coordination, and marketing, to meet all grant requirements and maximize proposal competiveness. • Renewable Funding —Partner Grant Writer (Lead on Finance), will develop narrative based on proposed program scope and budget framework, especially for CaliforniaFIRST Program finance -related program elements, to meet all grant requirements and maximize proposal competiveness. ® RESOLUTION NO.11-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADDING TO AND AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING EXPENSE REIMBURSEMENT POLICY FOR ELECTED AND APPOINTED OFFICIALS, CITY LETTERHEAD AND THE COUNCIL COMPENSATION COMMITTEE THE CITY COUNCIL City of Morro Bay, California 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 No. 42-02 and its Council Policies and Procedures Manual on August 12, 2002; and WHEREAS, the City desires to add section 2.3.1.1 in regard to authorized expenses, 2.3.1.2 in regard to expenses not eligible, section 2.4.3 in regard to transportation, section 2.4.4 ® in regard to lodging, section 2.4.5 in regard to meals, section 2.4.6 in regard to miscellaneous expenses, section 2.4.7 in regard to the cash advance policy, section 2.4.8 in regard to the credit card use policy, section 2.4.9 in regard to expense reports, section 2.4.10 in regard to reports to City Council and section 2.4.11 in regard to compliance with laws and violation, as follows: 2.3.1.1. Authorized Expenses City funds, equipment, supplies (including letter head), titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this section are met: • Communicating with representatives of regional, state and national government on City -adopted positions. • Attending educational seminars designed to improve official's skill and information levels. • Participating in regional, state and national organizations whose activities affect the City's interests. • Recognizing service to the City (i.e. thanking a longtime employee with a retirement gift or celebration of nominal value and cost). • Meetings such as those listed above for which a meeting stipend is expressly authorized under this section. All other expenditures require prior approval by the City Council, including international ® and out -of --state travel. ® 2.3.1.2. Expenses Not Eligible for Reimbursement • The personal portion.of any trip. • Political or charitable contributions or events. • Family expenses, including partner's expenses, when accompanying official on City -related business. • Entertainment expenses, including theater, movies, sporting events (including gym, massage and/or golf related expenses) or other cultural events. • Alcohol/personal bar expenses. • Non -mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline. • Personal losses incurred while on City business. 2.4.3 TRANSPORTATION If trip arrangements are made, as a convenience, for spouse or family members, reimbursement to the City for any advanced expenses should be received by the City prior to the trip. When attending conferences or meetings that are of such distances that is more economical to take commercial transportation, if an official proposes to drive his/her car in those cases, commercial air fare will be paid and not automobile mileage. Government and group rates must be used when available. 2.4.3.1 Airfares that are reasonable and economical shall be eligible for purposes ® of reimbursement. 2.4.3.2 Automobile mileage is reimbursed at IRS rates in effect at the time of travel. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls which are also reimbursable. 2.4.3.3 Car Rental rates that are reasonable and economical shall be eligible for purposes of reimbursement. 2.4.3.4 Taxi and shuttle fares may be reimbursed, including a 15% gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time - efficiency. 2.4.4 LODGING Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. Travelers must request government rates, when available. If the group rate is not available, reimbursement at the IRS rate in effect at the time of travel shall apply (IRS Publication 463). ® 2.4.5 MEALS A local expense reimbursement policy identifying a "per diem" of reasonable rates for meals in not adopted. Receipts for expenses for meals shall be required. Actual expenses shall be reimbursed subject to the maximum per diem for the mean as set by the IRS rate in effect at the time of travel. (Cal. Gov't Code 53232.2C and Publication 1542 at www. Irs.gov or www.policyworks.eoy/perdiem.) The City will not pay for alcohol/personal bar expenses. 2.4.6 MISCELLANEOUS EXPENSES Officials will be reimbursed for actual telephone, fax, and parking expenses incurred on City business. Telephone bill should identify which calls were made on City business. 2.4.7 CASH ADVANCE POLICY From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted to the City Manager ten working days prior to the need for the advance with the following information 1. The purpose of the expenditures 2. The benefits of such expenditures to the residents of the City. 3. The anticipated amount of the expenditures(s) (for example, hotel rates, meal costs, and transportation expenses). 4. The dates of the expenditure. ® Any unused advance must be returned to the City within five working days of the official's return, along with an expense report and receipts documenting how the advance was used. In the event the City Manager is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Council. 2.4.8 CREDIT CARD USE POLICY The City issues credit cards to individual office holders for selected City expenses. City office holders may use the City's credit card for such purposes as airline tickets and hotel reservations by following the said procedures for cash advances. Receipts documenting expenses incurred on the City credit card and compliance with this section must be submitted within thirty working days of use. Credit cards may not be used for personal expenses, even if the official subsequently reimburses the City. 2.4.9 EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES . All cash advance expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory: "All expenses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability. " 11 ® Expense reports must document that the expense in question met the requirements of this Policy. Officials must submit their expense reports within thirty calendar days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation within 60 calendar days of travel may result in the expense being home by the official. In the event the official does not attend the trip and non-refundable expenses have been incurred for registration, lodging and/or travel, the non -attending official shall submit a written explanation of the reasons for non-attendance to the City Manager. The City Manager shall determine if the public funds advanced must be reimbursed to the City. Any decision of the City Manager may be appealed to the City Council. 2.4.10 REPORTS TO CITY COUNCIL At the next regular City Council meeting, each official shall briefly report on the meetings attended at City expense. If multiple officials attended, a joint report may be made. 2.4.11 COMPLIANCE WITH LAWS, VIOLATION City officials should keep in mind that some expenditures may be subject to reporting is subject the Political Reform Act and other laws. All City expenditures are public records subject to disclosure under the Public Reports Act and other applicable laws. Use of public resources or falsifying expense reports is a violation of this Policy and may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the City's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources. WHEREAS, the above mentioned sections all were adopted with Resolution No. 52-07 during the October 8, 2007 City Council meeting, but not incorporated into the Council Policies and Procedures Manual; and WHEREAS, the City desires to amend section 5.4 in regard to the use of City letterhead, as follows: 5.4 USE OF CITY LETTERHEAD Staff will not prepare correspondence representing a Councilmember's personal point of view or a dissenting point of view from an official City policy or Council position. If Councilmembers use their title, position, or City letterhead to express a personal opinion, the letter shall state "I am writing this letter on behalf of myself' and, the official City position must also be stated clearly so the audience understands the ® difference/relationship between the official City position and the viewpoint of the. ® Councilmember. If a letter is written on behalf of the majority of the City Council, the letter shall state "I am writing this letter on behalf of the City Council'. A copy of any and all correspondence developed by or for a Councilmember on City letterhead shall be provided to the City Manager and the rest of the City Council. WHEREAS, the City desires to amend section 2.6 in regard to the Council Compensation Committee as approved by the City Council at their January 14, 2008 City Council meeting, as follows: 2.6 COUNCIL COMPENSATION COMMITTEE A five member review committee shall may be appointed by January 31, in even numbered years and shall bring its proposed recommendations in resolution form to the City Council within 90 days or no later than May I st. NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby add sections 2.3.1.1, 2.3.1.2., 2.4.3, 2.4.4, 2.4.5, 2.4.6, 2.4.7, 2.4.8, 2.4.9., 2.4.10., 2.4.11, 5.4 and amend section 2.6 to the Council Policies and Procedures Manual to reflect the above amendments. PASSED AND ADOPTED, by the City Council, City of Morro Bay at a regular meeting thereof held on the 22°d day of February 2010 by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: GNI! R, :: ' ..: ,lip 1 11 ® RESOLUTION NO.10-10 ASSIGNMENT OF LEASE SITE 86/86W, LOCATED AT 801 EMBARCADERO, FROM 801 EMBARCADERO LLC (CALDWELL AND REDICAN), TO 801 EMBARCADERO LLC (CALDWELL) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain tidelands in the Morro Bay described as Lease Site 86/86W; and, WHEREAS, 801 Embarcadero LLC (Caldwell and Redican) is the lessee of said party; and, WHEREAS, Mr. Redican assigned his membership interest in 801 Embarcadero LLC to Mr. Caldwell; and, WHEREAS, the lease agreement for Lease Site 86/86W requires City Council approval of any sublease; and,' WHEREAS, the necessary application µas signed and turned in along with the associated application fee on January 12, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that assignment of the lease agreement for Lease Site 86/86W, located at 801 Embarcadero, from 801 Embarcadero LLC (Caldwell and Redican) to 801 Embarcadero LLC (Caldwell) is hereby approved. BE IT FURTHER RESOLVED that approval of said assignment is conditioned by the City Attorney's receipt and approval of the assignment documents no later than March 15, 2010. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22od day of February 2010 by the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None is BRIDGE*T1 KES7IG, CITYI�ERK RESOLUTION NO.09-10 A RESOLUTION AWARDING INVITATION FOR BID NO. T1-09 TO PURCHASE ONE (1) NEW LIFT EQUIPPED TROLLEY THE CITY COUNCIL City of Morro Bay, California WHEREAS, on March 4, 2009 the City submitted a grant application to the American Recovery and Reinvestment Act (ARRA) Section 5311 Grant for the purchase of one (1) new lift equipped trolley; and WHEREAS, the City was notified on October 13, 2009 that it would be awarded a $160,000 ARRA Section 5311 grant for the purchase of said trolley; and WHEREAS, the ARRA Section 5311 grant does not require a local match so no general funds are needed for the purchase of the new trolley; and WHEREAS, the City received the fully executed agreement with the State of California Department of Transportation on October 26, 2009; and WHEREAS, the City distributed Invitation for Bid No. T 1-09 to nine trolley manufacturers around the country on November 4, 2009; and WHEREAS, pursuant to Section B, Item 1 of the Special Bidders Conditions and Specifications, award of the bid will be to the lowest responsible, responsive bidder; and WHEREAS, National Bus Sales was deemed to be the lowest responsible, responsive bidder. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council award Invitation for Bid No. T1-09 to National Bus Sales to purchase one (1) new lift equipped trolley in the amount of $141,774. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereofheld on the 22od day of February 2010 by the following vote: AYES: Borchard, Grantham, SmuMer, Winholtz, Peters NOES: None ABSENT: None NIUUGEJt1VS S ING,'lerk J v RESOLUTION NO. 08-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA 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 fiords 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 fiords to the San Luis Obispo 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 fimds with Transportation Development Act (TDA) fiords 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 fiords will be used solely for rural transit projects consistent with the original intent of the FTA Section 5311 program; and WHEREAS, there is $500,000 available for competitive distribution with project applications for the 2010/2011 RTF cycle due March 1, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Public Services Director, or his duly appointed representative, is authorized to submit applications to the Rural Transit Fund for the following projects: operating assistance for the Morro Bay Dial -A -Ride and purchase of bus stop information display cases. PASSED AND ADOPTED bj the City Council of the City of Morro Bay at a regular meeting thereof held on the 22 day of February, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None J CE PETEFS, Mayor ATTEST: RESOLUTION NO. 07-10 RESOLUTION OF THE CITY COUNCIL ® OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING STAFF TO SUBMIT THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR LOAN FUNDS TO EXECUTE THE PROPOSED IMPROVEMENTS IDENTIFIED IN THE CALIFORNIA ENERGY COMMISSIONS "ENERGY AUDIT LETTER REPORT" THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Energy Commission provides loans to school, hospitals, local governments, special districts, and public care institutions to finance energy efficiency improvements, and WHEREAS, the City Council of the City of Morro Bay, California authorizes the City of Morro Bay to apply for an energy efficiency loan from the California Energy Commission to implement energy efficiency measures, and WHEREAS, that in compliance with the California Environmental Quality Act (CEQA), the City Council of the City of Morro Bay, California finds that the activity funded by the loan is a project and exempt from CEQA pursuant to Section 15301 (Existing Facilities), Class I of the CEQA Guidelines because the project consists of the repair, maintenance, and minor alteration of existing public structures, facilities, and mechanical equipment involving negligible or no expansion of the ® existing use, and WHEREAS, that if recommended for funding by the California Energy Commission, the City Council of the City of Morro Bay, California authorizes the City of Morro Bay, California to accept a loan up to ninety-five thousand dollars ($95,000), and WHEREAS, that the amount of the loan will be paid in full, plus interest, under the terms and conditions of the Loan Agreement, Promissory Note and Tax Certificate of the California Energy Commission, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that Joe Woods, Recreation and Parks Director, is hereby authorized and empowered to execute in the name of the City of Morro Bay all necessary documents to implement and carry out the purpose of this resolution, and to undertake all actions necessary to undertake and complete the energy efficiency projects. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8's day of February, 2010 on the following vote: AYES: Borchard, Grantham, Smukler, Winho NOES: None ABSENT: None ® ATTEST: BRIDGE SSL , City C( 0 RESOLUTION NO.06-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CALLING A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, J UNE 8, 2010 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, JUNE 8, 2010; 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 Primary Municipal Election to be held on Tuesday, June 8, 2010 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 Primary Municipal Election be consolidated Is with the.Statewide Primary Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of San Luis Obispo canvass the returns of the Primary 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 Primary Municipal Election with the Statewide Primary Election on Tuesday, June 8, 2010, 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 Primary 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. C ® Resolution No. 06-10 Page Two 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. 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 by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8'h day of February 2010 following vote: 0 AYES: Borchard, Grantham, Smukler, Winholtz, Peters li:["l► M ABSENT: None ATTEST: C'� ® RESOLUTION NO.05-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING THE MID -YEAR 2009/10 AMENDMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT BUDGETS 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 day-to-day business activities; and WHEREAS, the City Council adopted the original Operating and Capital Improvement Budgets on June 29, 2009 by Resolution No. 37-09; and WHEREAS, the City Council deems it necessary to amend said budgets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the operating budgets of the City of Mona Bay are amended by additional revenues and appropriations as shown on the attached schedule. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25's day of January 2010, by the following vote: AYES: Borchard, Grantham, Peters NOES: Smukler, Winholtz ABSENT: None Was ATTEST: RESOLUTION NO. 04-10 RESOLUTION IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010 THE CITY OF MORRO BAY City of Morro Bay, California WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this year's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds, have lead to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 statewide ballot; and WHEREAS, approval of this ballot initiative would close loopholes and change the Constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. ®Resolution No. 04-10 Page Two THEREFORE, BE IT RESOLVED that the City of Morro Bay formally endorses the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, a proposed constitutional amendment. BE IT FURTHER RESOLVED that we hereby authorize the listing of the City of Morro Bay in support of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 and instruct staff to fax a copy of this resolution to campaign offices at 916.442.3510. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of January 2010, by the following vote: AYES: NOES: ABSENT: 10 ATTEST: MIRIMIMI 171 Borchard, Grantham, Smukler, Winholtz, Peters None None ® RESOLUTION NO.03-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY THE 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, per California Government Code Section 53646(a)(2), all local agency governing boards may render to the legislative body of that local agency a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting and shall also consider any change in the policy; and ® WHEREAS, per California Government Code Section 53607, the legislative body may delegate investment authority and responsibility to the Treasurer, and/or designated staff member, for a period of one year, subject to annual review and monthly review of transactions initiated by the designee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Investment Policy, attached hereto, is adopted, and that the City Treasurer, and/or designated staff member, is hereby authorized to cant' out this policy on behalf of the City Council. PASSED AND ADOPTED bZ the City Council of the City of Morro Bay, at a regular meeting thereof held on the 25 day of January 2010, on the following vote: AYES: Borchard, Grantham, Smuklei NOES: None ABSENT: None kr11114.31 jiRIDGE"SSLIN�, CITY OF MORRO BAY INVESTMENT POLICY JANUARY 2010 PURPOSE This investment policy establishes the practices and procedures to be used in managing the City of Morro Bay's (City) portfolio in accordance with the requirements of the State of California Government Code and the guidelines provided by the California Debt and Investment Advisory Commission (CDIAC) and the Government Finance Officers Association (GFOA). SCOPE OF THE POLICY This policy governs the investment of money that is not required to meet the immediate needs of the City. ® LEGAL AUTHORITY Govemment Code Sections: California Government Code Sections 53600 to 53609 governs the investment of local agency funds. Legisiabve Changes. Any applicable legislative actions will be acted on as of their effective dates and will be incorporated into the policy annually, specifying the California Government Code sections that have been added, deleted or amended. OBJECTIVES The City Treasurer will consider the following factors in priority order when assessing investment opportunities: Safety.- The primary objective is the preservation of principal. Capital losses will be avoided, whether from default or erosion of market value, meaning that the City will not sell or trade an investment because of market fluctuation. The two types of risk to be minimized are: 1. Credit risk - the risk that an issuer or other counterparty to an investment will not fulfill its obligations; and ® 2. Interest rate or market risk - the risk that changes in interest rates will adversely affect the fair value of an investment. ® Liquidity: The second objective is the liquidity of the portfolio. The portfolio should remain sufficiently flexible to enable the Gty to meet the operating requirements that are reasonably anticipated. In order to sure liquidity, the investment policy must recognize that calculating cash flows are the basis of any good investment strategy. Meeting the daily cash flow demand goes hand -in -hand with meeting the City's liquidity needs. Yield: The third objective, behind safety and liquidity, is attaining a market rate of return throughout the budgetary and economic cycles. While managing the portfolio, the treasurer and designated staff will strive to maintain public trust by avoiding any transactions that might impair public confidence in the City. When selecting investment instruments, the treasurer and designated staff will remain cognizant of any social and policy considerations that have been established and defined in this policy. GENERAL STRATEGY The treasurer and designated staff may follow a passive or active investment strategy. Passive investment policies adhere to the investment goal of holding investments to maturity. Active investment strategy is the buying and selling of investments to achieve a certain benchmark objective. Great care, coupled with the advice of a fiscal agent, should be ® followed with an active investment policy. The City, as stated above in the Objectives section under Safety, follows the passive investment strategy of holding investments to maturity. STANDARD OF CARE Prudent investor Standard: The prudence standard for trust investing traces back to Harvard College v. Amory, 26 Mass. (9 Pick.) 446 (1830). Judge Samuel Putnam stated that trustees should 'observe how men of prudence, discretion and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income, as well as the probable safety, of the capital to be invested." This standard will be followed by the treasurer and designated staff. Ethics and Conflkt of interest: The treasurer and designated staff shall refrain from personal business activities that could conflict with the proper execution of the investment program or which could impair their ability to make impartial decisions. Delegation of Authority,, The following positions and corresponding City personnel are delegated the power to invest the funds of the City: City Manager: Andrea Lueker Admin Services Dir/Treasurer: Susan Slayton Accountant: Joyce Bunting Lead Account Technician: Laurie Goforth These designations may change with the annual affirmation of this policy. Each delegate is required to adhere to the requirements set forth in the investment policy. SAFEKEEPING AND CUSTODY Third�wrty Safekeeping: Ownership of the City's investment securities will be protected through third -party custodial safekeeping. The custodian will provide the City with a safekeeping receipt or monthly, itemized statement. Exceptions to this requirement are made for certificates of deposit, money market funds and investment pools. Internal Controls: These are designed to ensure that the assets of the City are protected from theft, loss, or misuse. Such internal controls that are in place include: 1. Control of collusion; ® 2. Separation of duties; 3. Safekeeping of securities; and 4. Written confirmation of telephone transactions and wire transfers. The City will separate the person who authorizes or performs the transaction from the person or people who ultimately record or otherwise account for the transaction to achieve separation of duties. Delivery vs. Payment, All investment transactions should be conducted using standard delivery vs. payment procedures. In delivery vs. payment, the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian, and ensures that securities are deposited in an eligible financial institution prior to the release of funds. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City will only conduct business with approved banks, savings and loans, credit unions, and securities brokers/dealers. A list of financial dealers and institutions is to be maintained. Broker/dealers and institutions must meet all requirements established by federal and state law. SUITABLE AND AUTHORIZED INVESTMENTS Authorized Invesbnent Types.- The City, by virtue of California Government Code Sections 53600 — 09, has the ability to invest in numerous types of instruments. The City has looked at its goals, objectives, and standards of pre in establishing a list of authorized investment types that also meet statutory requirements. Those types of investment instruments that meet the criteria for the City are: 1. Securities of the U. S. Government, or its agencies; 2. California's Local Agency Investment Fund (LAIF) pool; 3. FDIC Insured Certificates of Deposit; 4. Bankers' Acceptances (not exceeding 40% of portfolio/max maturity 180 days); 5. Money Market funds whose portfolios consist of the foregoing (not exceeding 20% of portfolio); 6. Collateralized Certificates of Deposit of $100,000 or more (not exceeding 25% of the portfolio); 7. Passbook savings accounts; and 8. Repurchase agreements and reverse repurchase agreements. Prohibited Investment Types: In addition to a listing of authorized investments, California Government Code Section 53601.6 prohibits local agencies from investing in the following instruments: • 1. Inverse floaters; 2. Range notes or mortgage -derived, interest -only strips; 3. Any security that could result in zero interest accrual if held to maturity; 4. Stock; and 5. Futures or options. There may be additional investment instruments in which the City does not want the treasurer to invest, and those will be defined in future investment policies. INVESTMENT PARAMETERS Dhersrficabon oflnvestments• The City may choose to impose more stringent restrictions or further restrictions on other investment instruments, depending on its investment goals and risk tolerances, than those proposed in the California Government Code Sections 53600 - 09. The City has indicated those authorized investments with the appropriate percentage of the portfolio allowed as follows: 1. Money market funds not to exceed 20%; 2. Collateralized Certificates of Deposit not to exceed 25%; 3. Securities of any one issuer, except those obligations of the U.S. government, U.S. governmental agencies, and U.S. government -sponsored enterprises, not ® to exceed 5%; and 4. Mutual funds not to exceed 10%. Maximum Maturity: California Government Code Section 53601 lists the maximum maturity for any instrument as five (5) years. The exception to this time frame is made for investments with LAY only. Minimum Credit Requirements. The City has chosen to follow the California Government Code Section 53601 that sets the minimum credit rating required for certain investment instruments as follows: 1. Short-term debt shall be rated at least "A-1" by Standard & Poor's Corporation, "P-1" by Moody's Investors Service, Inc., or "F-1" by Fitch Ratings. If the issuer of short-term debt has also issued long-term debt, this long-term debt rating shall be rated at least "A," without regard to +/- or 1, 2, 3 modifiers, by Standard & Poor's Corporation, Moody's Investors Service, Inc., or Fitch Ratings. 2. Long-term debt shall be rated at least "A," without regard to +/- or 1, 2, 3 modifiers, by Standard & Poor's Corporation, Moody's Investors Service, Inc., or Fitch Ratings. Maximum Weighted Average Maturity of a Portfolio: As part of the monthly portfolio performance report that is provided to the City Council, a weighted average maturity (WAM) of the portfolio is calculated. While there are no requirements under state law for a ® maximum WAM of a portfolio, CDIAC's Local Agency Investment Guidelines suggest that local agencies include and monitor WAM to arrive at an acceptable range for future implementation of a maximum benchmark. PORTFOLIO MANAGEMENT ACTIVITY Asti a or Passive Portfolio Management: In active portfolio management, treasurers buy and sell securities based on how to maximize portfolio values over a given timeframe. In passive portfolio management, the goal is to match a market rate of return (usually a benchmark). Weighing the pros and cons of each strategy in light of staff resources and investment, the City has chosen to follow a passive portfolio management strategy. Compieti ve Bldding: Investments are purchased in the most cost effective and efficient manner utilizing approved brokers/dealers on all investment transactions. Reviewing and Monitoring of the Portfolio: The portfolio is to be reviewed on a monthly basis to ensure that the investments are being properly tracked and reported. Portfolio Ad)ustments: If the portfolio demonstrates non-compliance with the investment policy, the treasurer and designated staff may hold the affected securities to maturity to avoid losses; however, the treasurer may choose to rebalance the portfolio earlier to bring it back into compliance only if the portfolio will not suffer any losses for selling the investment prior to maturity. Performance Standards The objective of investing is to obtain a rate of return throughout ®budgetary and economic cycles, commensurate with investment risk constraints and cash flow needs. Reporting Methods: On a monthly basis, the investment portfolio will be provided to the City Council and will list the following components per Government Code Section 53646 (b): 1. Types of investment; 2. Issuer names; 3. Dates of maturity; 4. Par amounts; 5. Dollar amounts; 6. Market values; 7. Descriptions of programs under the management of contracted parties; 8. A statement of compliance with the investment policy; and 9. A statement of the ability to meet cash flow needs for six months. Governmental Ac muntrngs Standards Board (GASB) Statement No. 31 - Marking to Market.' The City's portfolio is to be marked -to -market for the monthly investment report provided to the City Council and at minimum, annually for the financial statements. Market values are to be obtained from a reputable and independent source and disclosed to the City Council in the monthly written report. The independent source of pricing should not be one of the parties to the transaction being valued. Such an independent source could include a broker or other financial institution that was not counterparty to the transaction, the custodial bank if the bank was not a counterparty to the transaction, publicly available publications such as The Wall Street Jourml, or other pricing services for which a separate fee would be paid. This is consistent with GASB Statement No. 31, which requires that governmental entities report investments at fair value, and with the California Governmental Code, which also requires market values of investments be reported. Calculation of Yield and Costs. All yield rates on investments will be presented at book value. Investment Policy Adoption, Review, and Amendment., The investment policy will be reviewed, amended, and presented to the City Council annually at the beginning of the calendar year. The review should ensure that the policy is consistent with the overall objectives of preservation of principal, liquidity, and return, and is in conformance with the law, financial and economic trends, and the cash flow needs of the local agency. Deflnlbons or Glossary of Terms. This investment policy includes a definition section (Appendix A) in order to establish a common vocabulary between the treasurer and designated staff, the City Council, and the public. APPENDIX A — INVESTMENT POLICY TERMINOLOGY The following are examples of terminology commonly found in California City investment policies. The inclusion of these sections provides clarity to investment policies and better enables readers to understand important concepts. Authorized Financial Dealers and Institutions: A list of financial institutions authorized to provide investment services. May also include a list of approved security broker/dealers with which the City can do business. These institutions and broker/dealers are usually selected by their ability to add value to the investment process. Some criteria to consider when choosing an approved broker/dealer include creditworthiness, expertise, and the products in which the financial dealer or institution is familiar. GFOA suggests that all entities qualifying for investment transactions provide audited financial statements; proof of industry group (National Association of Securities Dealers [NASD]) certification; proof of state registration; completed broker/dealer questionnaire; and certification of having read, understood, and agreeing to comply with the investment policy. Bankers' Acceptance: A draft, bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Certificate of Deposit: A time deposit with a specific maturity evidenced by a certificate. ® Collateralization: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. California Government Code Section 53601 requires that all repurchase agreements be secured by eligible securities with a market value of 102 percent or greater of the funds borrowed. GFOA recommends and California Government Code requires that full collateralization be required on non-negotiable certificates of public deposit. Delegation of Authority: The granting of authority to manage the investment program to designated officials. Such authority is usually derived from code sections, ordinance, charters, or statutes. Government Code Section 53607, for example, allows the City Council to delegate, for a one-year period, its authority to invest or reinvest funds or to sell or exchange securities held by the local government. Delivery vs. Payment: A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. It ensures that securities are deposited in an eligible financial institution prior to the release of funds. A third -party custodian as evidenced by safekeeping receipts should hold securities. Diversification: A process of investing assets among a range of security types by sector, maturity, credit rating, and call type or structure. This reduces exposure to risk by combining a variety of investments, which are unlikely to all move in the same direction. GFOA suggests diversifying a city's investment portfolio by limiting investments to avoid exposure ® to a specific sector, limiting investment in securities with higher credit risks, investing in instruments with varying maturities, and continuously investing a portion of the portfolio in readily available funds such as a local government investment pool, money market funds, or ® overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. Ethics and Conflicts of Interest: The California Political Reform Act of 1974 requires certain designated public officials at all levels of government to publicly disclose their private economic interests and requires all public officials to disqualify themselves from participating in decisions in which they have a financial interest. As part of this requirement, local agencies are required to adopt and promulgate a Conflict of Interest Code, with certain required sections. To further promulgate this Code, investment policies sometimes include language requiring the ethical conduct of investment officers and statements regarding refraining from personal business activity that could conflict with the proper execution and management of the investment program or that could impair their ability to make impartial decisions. To avoid conflicts, GFOA recommends that investment officers disclose material interests in financial institutions with which they do business, disclose personal financial interests that could be related to the performance of the investment portfolio, and refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the local government. Exemption: Language that grandfathers prohibited investments into the investment policy because they may have been held in the portfolio prior to the prohibition. When these investments mature or are liquidated, the money should be reinvested as provided by the is policy and the exemption language should be removed from the policy. FDIC: Federal Deposit Insurance Corporation is a federal agency that insures bank deposits up to $100,000 per deposit. General Objectives: The section of an investment policy that illustrates the three main objectives (safety, liquidity, and yield), in order of priority, of a good investment policy. In addition to these commonly included objectives, there are a myriad of other objectives for which an investment policy can strive. Safety is the preservation of principal. Liquidity is how easily an investment may be redeemed for cash. Yield is the current rate of return on a security generally expressed as a percentage of its current price. As per California Government Code Section 53600.5, safeguarding the principal of the funds under its control should be the primary objective of local agencies. Liquidity also should be a principal objective of a portfolio. The portfolio should maintain sufficient liquidity to meet operating requirements. To accomplish this, a local agency can structure a portfolio so that investments mature when cash is needed and also by investing in liquid securities with an active secondary market. Yield should be the last objective an investment portfolio should strive for, behind safety and liquidity. Since there are many different ways for yield to be calculated, the investment policy should specify how it is to be calculated. Internal Controls: The system used to ensure that the local government assets are ® protected from loss, theft, or misuse. Such a system should provide a reasonable assurance that such loss, theft, or misuse can be prevented. Examples include separation of duties, delegation of authority, and documentation. GFOA suggests that an internal control system address the following points: control of collusion, separation of transaction authority from ®accounting and recordkeeping, custodial safekeeping, avoidance of physical delivery of securities, clear delegation of authority to subordinate staff, written confirmation of transactions for investments and wire transfers, and development of a wire transfer agreement with the lead bank and third -party custodian. Investment Parameters: Specified restrictions on investments to limit the amount of risk in a portfolio. These parameters may be specified in the California Government Code; however, the local agency may choose to further restrict investment options depending on its risk tolerance. Such parameters may include diversification of investments types, percentages, or dollar limits per issuer and setting maximum maturities. Investment Types: A recitation of the investment types the local agency has been given authority in which to invest. This may be a list of securities allowable under California Government Code Section 53601 et seq., and may be further restricted by the agency itself. For a description of the allowable California local agency investment instruments, please see CDIAC's latest version of its Local Agency Investment Guidelines, available on its website at www.treasurer. ca.gov/cdiac. GFOA recommends the investment In the following types of securities: U.S. government securities and agency obligations; highly -rated certificates of deposit, bankers' acceptances, commercial paper; investment -grade state and local government obligations; repurchase agreements securitized by the previously -mentioned securities; SEC -regulated, dollar -denominated money market mutual funds; and local ® government investment pools. LAIR Local Agency Investment Fund, the State of Califomia's investment pool in which cities, counties and special districts may participate. Liquidity: A liquid asset is one that can be quickly and easily converted into cash without loss in value. Market Value: The price at which a security is trading at a point in time. Selling an investment at market value can result in a gain ($500,000 investment sold for $515,000 = $15,000 gain) or Ices ($500,000 investment sold for $498,000 = $2,000 loss). Gains and losses are dependent on changes in the current rate of interest as compared to the interest rate of the investment that is being considered for sale. Marking -to -Market: The act of recording the price or value of a security to reflect its current market value rather than its book value. Maximum Maturities: Maturity is the date on which the security or obligation is redeemed by the issuer in exchange for cash. California law states that local governments cannot Invest in instruments with terms remaining to maturity in excess of five years unless they receive express authority from their legislative bodies to do so. Local governments should attempt tD match investment maturities with anticipated cash flow requirements. There is no ® requirement under California law for local governments to have a weighted average maturity (WAM) restriction for their portfolio, although CDIAC's Local Agency Investment Guidelines ® suggests that local agencies consider adopting a WAM restriction. Performance Standards: The criteria by which a stated goal is measured. An investment portfolio's performance and risk exposure should be evaluated against appropriate benchmarks on a regular basis. One standard that should be strived for should be a market rate of return in a given interest rate environment. Policy Considerations: The local ordinances or other requirements that place restrictions on the policy. Local governments should consider what should be exempted from the policy and also when, or under what circumstances, the policy should be amended. Pooling of Funds: A statement in the investment policy that except for certain restricted or special funds, cash balances should be consolidated from all funds to maximize investment earnings. Portfolio: The collection of investment instruments held. Prudent Investor Standard: Legal maxim that all investments should be made with care, skill, prudence and diligence under the circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the professional management of their business affairs, not for speculation, but for investment, considering the probable safety of ® their capital as well as the probable income to be derived. Reporting: Presentation of evaluation data or other information to communicate processes, roles, and results. Investment policies should include reporting requirements such as methods of reporting investments, the standards against which investments should be reported, and the requirement for calculating market value. Reporting Methods: Ways in which investment outcomes are reported including listing of instrument values, dollar value returns, percentage yields, etc. GFOA suggests that local governments prepare investment reports at least quarterly. In California, investment reports are no longer required to be submitted to legislative bodies. This requirement is now permissive. If a local government chooses to submit an investment report in accordance with California Government Code Section 53646 to their legislative bodies, they are still required to submit copies to CDIAC for the second and fourth quarter of every calendar year until January 1, 2007. GFOA goes on to list some suggested components of investment reports including listing of securities, gains and losses, average weighted yield to maturity as compared to benchmarks, listing of investment by maturity date, and percentage of the total portfolio which each type of investment represents. Repurchase Agreements: A repurchase agreement is a form of short-term borrowing for dealers in government securities, which are highly valued and thus considered a good source of collateral. The dealer sells the government securities to investors, usually on an overnight ® basis, and buys them back the following day. Investments in repurchase agreements may be made when the term of the agreement does not exceed one year. u 0 11 Risk: Two of the most common risks associated with local government portfolio investing are credit risk and interest rate risk. Credit risk is the risk to an investor that an issuer will default in the timely payment of interest and/or principal on a security. Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Limiting investme institutions, broker/dealers, and diversifying the number of issuers rate risk can be minimized by st same time that cash is required it to the safest types of securities, pre -qualifying financial Dthers with which the local agency will do business, and in an investment portfolio can minimize credit risk. Interest ructuring the portfolio so that investments mature at the or investing operating funds in highly liquid, shorter -term securities (e.g., U.S. Treasury bills or notes). Safekeeping and Custody: Rules derived to ensure the safety of an investment and within whose control the investment resides. Some examples include third -party safekeeping, developing lists of authorized financial dealers and institutions, developing internal controls, and using a delivery vs. payment standard for transactions. Local agencies should consider requiring securities to be held by third -party custodians, evidenced by timely statements illustrating the balance held by these custodians. Scope: The types of funds that the policy covers (e.g., operating funds, bond proceeds, etc.). In general, investment policies cover short-term operating funds. Longer -term funds such as retirement funds are covered by other policies. The investment of bond funds usually is governed by the bond documents such as the trust indenture. Standards of Care: The degree of care that a reasonably prudent person would exercise in the investment of 1=1 agency funds. RESOLUTION NO. 02-10 RESOLUTION DECREASING THE PARKING IN -LIEU FEES FOR 600 MORRO BAY BOULEVARD TO FOUR THOUSAND DOLLARS PER SPACE THE CITY OF MORRO BAY City of Morro Bay, California WHEREAS, the City Council has adopted a Parking Management Plan and Morro Bay Municipal Code Section 17.44.020, which authorizes the establishment of Parking In -Lieu Fees by Resolution of the Council; and WHEREAS, In -Lieu Parking Fees were established, codified as Morro Bay Municipal Code Section 17.44.020 A.7, as a means through which public parking can be provided where it is unfeasible to provide such parking as part of on -site development projects; and WHEREAS, in compliance with the Parking Management Plan and Morro Bay Municipal Code Section 17.44.020, the City Council on September 26, 2005 passed and adopted Resolution 37- 05 establishing Parking In -Lieu Fees at $15,000 per parking space; and WHEREAS, in order to enhance the economic strength and physical appearance of the downtown area and recognizing that payment of Parking In -Lieu Fees could exceed an amount the typical business or new development could afford, the City Council on June 23, 2008 passed and adopted Resolution 39-08 reducing the Parking In -Lieu Fee to $2,000 per space in the Downtown Area for five years; and WHEREAS, project permits for 600 Morro Bay Blvd. were issued on March 5, 2007 and Staff determined and calculated the Parking In -Lieu Fees at $15,000 per space; and WHEREAS, on December 14, 2009, the City Council considered a request from the owner of the property at 600 Morro Bay Blvd. to reduce the Parking In -Lieu Fees to $2,000 per space and determined a fair and equitable amount to be $4,000 per space. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that the Parking In -Lieu Fee of $4,000 per space is hereby established for the project at 600 Morro Bay Blvd. in the Downtown Area for five years. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 1 lth day of January 2010, by the following vote: AYES: Borchard, Grantham, Peters NOES: Smukler, Winholtz ABSENT: None ATTEST: JAkflE BOUCHER, Deputy City Clerk 0 RESOLUTION NO. 01-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING THE APPLICATION FOR PROPOSITION 84, STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM OF 2008 AND NATURE EDUCATION FACILITIES GRANT PROGRAM FUNDS FOR THE TEEN CENTER MASTER PLAN THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State Department of Parks & Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Program setting up necessary procedures governing the Application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said application to the State; and ® WHEREAS, the Applicant will enter into a Contract with the State of California to complete the grant scope project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, hereby: Approves the filing of an application for the Teen Center Master Plan Project, and 1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the Project; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the project; and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration guide; and 4. Delegates the authority to the Recreation and Parks Director as agent to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, and payment requests, which may be necessary for the completion of grant scope; and 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. " Resolution No. 01-10 Page Two PASSED AND ADOPTED b� the City Council of the City of Morro Bay, at a regular meeting thereof held on the 11 day of January 2010, on the following vote: AYES: Borchard, Grantham, Smukler, Winholtz, Peters NOES: None ABSENT: None ATTEST: QfWk.,c��ly� JAVE BOUCHER, Deputy City Clerk E r E C C Pre mary ConstrucUonCost Opinion�T" "��` � �^�' - - Morro Bay Teen Center Masdter Plan Horn: The k0awh4 DggWC Co Opinion a to Mira Lnaw brldpelary pur;oms orJy. Esthnated unit ❑kes are based on elemmta ewer on the minter puns o* and are oa based on delalad design plan a cgwt doamenq. Es9nale the IRrze are priced at annd motet nms. an abaance for cost escL don ham wovnK daro m entlops4 W data or mrubudien stan u not nCWed "n M m9 cpvem am no bar dale hes bear klarlaE. Construction Stakeout/survey 1 LS $ 5,000.00 S 5,ODD.00 EzntrworVFine Grading 16.000 SF S 0.35 $ 5600.00 Concrete Walks, 4' Thickness - Grey 7.923 SF $ 4.5D S 35203.50 Concrete Walks. 4' Thickness - In: ral Color 601 SF S 9OD S 5AD9.00 Concrete Paving. 4' Thidmess - Basketball Court 4,200 SF S 6.00 $ 25,200.00 Concrete CIP Planter/Seat Wall, I V Height 418 LF S 45.00 5 18,810.00 Concrete CIP Walkway Retaining Wag, 18-36" Height 119 LF $ 55,00 S 6,545.OD Concrete Stairs 60 SF S 3200. S 256000 Concrete Planting Header 87 LF 5 5.00 S 43&00 Basketball Coun Striping 1 LS f 500.00 $ 500.00 Site Drain Systern (outside skate ark) 1 LS S 5.000.00 $ 5.000.00 - - — — Subtotal f 22J,407.60 — - Grading &Earthwork 14.100 SF S 10.5o $ 148050.00 Drama e System 14.100 SF S 1.95 S 27,495.00 Concrete Block Retainm Wall, 18' to 48' He' ht . 394 LF $ 75.00 f 29,550.00 Skate parK Concrete 14,100 SF S 15.80 S 222.790.00 Lilt Station (Sump Pump) 1 LS S 14,DW.00 S 14,000.00 8' H' h Iren Fence Gatuanized 8 Powder Coated 757 . LF $ MOO S 52,990.00 Modular Skate park Concrete Pad 5,239 SF $ 4.50 S 23.575.50 -- - — — — Subtotal S 518,440.50 [Wood Bench with Backrest 3 EA $ 1.200.00 S 3,60000 Drial Fountain Stand Alone 1 FA $ 1,500.00 S 1,50000 Basketball Standard and Hoop 2 1 EA $ 2.500.00 $ 5,000.00 SubtrNal f f0,100.00 — __��" - a7,827 Shrub Planter Areas SF $ 3.50 S 27.394.50 - -- -- �— — — Subtotal 5 27.394.50 2000 s.t. Building 1 LS S 257,000.00 S 257.000.00 -- -- - — Subtotal 5 257000.00 Total Direct Costs S 1,092,915.00 Contactors General Conditions (10.0%) $ 109.291.50 Contractor Insurance and Bonds (2 5%) S 30.055.16 General Contactors Fee (7.5%) S 92,419,62 Design ConBngency (10.0%) $ 132,468.13 Escalation to Anticipated bid Date (0.0% -m1. warv.n) $ Estlmated Construction Budget f 1,457,149-42 El Ll A b