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HomeMy WebLinkAboutResolution 01-12 to 65-12l 11 RESOLUTIONS 2012 NO. TITLE ADOPTED 65-12 APPROVING THE SALE OF CITY-ONVNED PROPERTY" LOCATED AT 1320 MAIN STREET IN MORRO BAY, CALIFORNIA 12-11-12 RESOLUTIONS 2012 NO. TITLE ADOPTED 56-12 REAFFIRIIIN'G COMMUNITY SUPPORT OF THE LOCAL COMMERCIAL FISHING INDUSTRY 11-13-12 57-12 INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 1320 MAIN STREET IN MORRO BAY, CALIFORNIA 11-13-12 58-12 ESTABLISHING TRANSACTION OFFICERS FOR DOING BUSINESS WITH RABOBANK 12-11-12 59-12 APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT TO LEASE AND AMENDMENT TO THE OUTFALL LEASE BETWEEN THE CITY OF MORRO BAY AND DYNEGY MORRO BAY LLC 12-5-12 ® 60-12 APPROVING AMENDMENT #d TO THE LEASE AGREEMENT FOR LEASE SITES 124-128/124W-128R' AND 113W LOCATED AT 1215 EMBARCADERO 12-11-12 61-12 APPROVING AMENDMENT 93 TO THE LEASE AGREEMENT FOR LEASE SITES 110W-112W AND 20' OF THE EASTERLY PORTION OF LEASE SITE 111.5W LOCATED AT 1185 EMBARCADERO 12-11-12 62-12 APPROVING A IEND�IENT 93 TO THE LEASE AGREEMENT FOR LEASE SITES 122-123/122W-123W LOCATED AT 1205 EMBARCADERO 12-11-12 63-12 APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 129W-131W FROM THE MORRO BAY FISH COMPANY TO CENTRAL COAST SEAFOOD 12-11-12 64-12 AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT ® AND THE BROWN ACT 12-I1-12 L`J 11 RESOLUTIONS 2012 NO. TITLE ADOPTED 47-12 RESOLUTION AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES FOR THE PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT AND SERVICE ENHANCEMENT ACCOUNT BOND PROGRAM 09-11-12 48-12 RESOLUTION AUTHORIZING THE CMB TO ENTER INTO 2012/13 S80,000 BOATING SAFETY AND ENFORCEMENT GRANT CONTRACT WITH THE DEPT OF BOATING AND WATERWAYS 09-11-12 49-12 RESOLUTION OPPOSING THE CENTRAL COASTAL CALIFORNIA SEISVHC IMAGING PROJECT 09-11-12 50-12 IDENTIFYING LOCATIONS PROHIBITING THE USE OF COASTERS, ROLLER SKATES, SKATEBOARDS, SCOOTERS, EPAMDS AND SIMILAR DEVICES ON CERTAIN CITY SIDEWALKS 10-23-12 51-12 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM 10-23-12 52-12 ESTABLISHING A REDUCTION FOR THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR RESIDENTIAL PROJECTS 10-23-12 53-12 APPROVING AMENDMENT #4 TO THE LEASE AGREEMENT FOR LEASE SITE 102/102W LOCATED AT 1001 EMBARCADERO STATION NO. 53, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 10-23-12 54-12 APPROVING AMENDMENT #4 TO THE LEASE AGREEMENT FOR LEASE SITE 105.1W/105.2 LOCATED AT 1001 EMBARCADERO 10-23-12 55-12 APPROVING iNIORRO BAY GARBAGE SERVICE INTERIM YEAR RATE ADJUSTMENT APPLICATION AND ADJUSTING SOLID WASTE COLLECTION RATES 11-13-12 ® RESOLUTIONS 2012 NO. TITLE ADOPTED 38-12 RESOLUTION ADOPTING 2012/13 FISCAL YEAR HARBOR DEPARTMENT OPERATING BUDGETS 07-10-12 39-12 RESOLUTION ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY FIRE FIGHTERS AND RELATED COMPENSATION 09-25-12 40-12 RESOLUTION ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE POLICE OFFICERS ASSOCIATION AND RELATED COMPENSATION 10-23-12 41-12 RESOLUTION ESTABLISHING THE COMPENSATION` AND WORKING CONDITIONS FOR THE MANAGEMENT EMPLOYEES OF CVIB 09-11-12 42-12 RESOLUTION ADOPTING THE AGREEMENT WITH ® THE MORRO BAY CONFIDENTIAL EMPLOYEES AND RELATED COMPENSATION 09-11-12 43-12 RESOLUTION AUTHORIZING THE CMB TO ENTER INTO 2012/13 VESSEL TURN -IN PROGRAM FUND CONTRACT NVITH THE DEPT OF BOATING AND WATERWAYS 08-14-12 44-12 RESOLUTION AUTHORIZING THE CMB TO ENTER INTO 2012/13 ABANDONED WATERCRAFT ABATEMENT FUND CONTRACT WITH THE DEPT OF BOATING AND WATERWAYS 08-14-12 45-12 RESOLUTION DIRECTING A TIMELINE FOR COMPLETION OF CAPITAL PROJECTS APPROVED BY COUNCIL 08-28-12 46-12 RESOLUTION AFFIRMING THE INTENDED USE OF THE CITY'S ONE-HALF CENT DISTRICT TRANSACTION TAX, COMMONLY KNOWN AS MEASURE Q 09-11-12 ul ® RESOLUTIONS 2012 NO. TITLE ADOPTED 30-12 RESOLUTION RELATING TO THE, CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MISCELLANEOUS AND SAFETY EMPLOYEES REPRESENTED BY SEIU, LOCAL 620 06-26-12 31-12 RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE SEIU, LOCAL 620, EMPLOYEES 06-26-12 32-12 RESOLUTION DIRECTING THE LEVY" OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-26-12 33-12 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT ® NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-26-12 34-12 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 5T" DAY OF DUNE, 2012; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 06-26-12 35-12 RESOLUTION AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS TAX LIENS AGAINST THE PROPERTIES 06-26-12 36-12 RESOLUTION ESTABLISHING THE ANNUAL PROPOSITION 4 APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2012/13 07-10-12 37-12 RESOLUTION ADOPTING 2012/13 REVISIONS TO MASTER FEE SCHEDULE 07-10-12 u 11 RESOLUTIONS 2012 NO. TITLE ADOPTED 22-12 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE 05-8-12 23-12 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA 05-08-12 24-12 RESOLUTION APPROVING MATCHING FUNDS FOR THE 2012 BTA GRANT APPLICATION 05-08-12 25-12 RESOLUTION DECLARING THE INTENTION TO CONTINUE THE PROGRAM AND ASSESSMENTS FOR THE 2012/13 FISCAL YEAR FOR THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID) 05-22-12 26-12 RESOLUTION APPROVING SUBMISSION OF PROPOSITION 1B PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT AND SERVICE ENHANCEMENT ACCOUNT GRANT APPLICATION 06-12-12 27-12 RESOLUTION PROHIBITING STREET WORK IN COMMERCIAL AREAS BETWEEN MEMORIAL DAY AND LABOR DAY 06-26-12 28-12 RESOLUTION APPROVING AMENDMENT 92 TO THE LEASE AGREEMENT FOR LEASE SITE 82-85/82E-85W, LOCATED AT 725 EMBARCADERO BETWEEN THE CITY OF MORRO BAY AND 725 EMBARCADERO LLC 06-12-12 29-12 RESOLUTION ADOPTING THE 2012/13 FISCAL YEAR ALL OPERATING BUDGETS EXCLUDING THOSE PERTAINING TO THE HARBOR DEPT 06-26-12 ® RESOLUTIONS 2012 NO. TITLE ADOPTED 16-12 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) 04-10-12 17-12 RESOLUTION 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 SEQ.) 04-10-12 ® 18-12 RESOLUTION OF STATEMENT OF CONTINUED OPPOSITION TO CREATION OF A NATIONAL MARINE SANCTUARY IN THE SAN LUIS OBISPO COUNTY COASTAL AREA, AND CONTINUED OPPOSITION TO EXPANSION OF THE MONTEREY BAY NATIONAL MARINE SANCTUARY INTO SAN LUIS OBISPO COUNTY COASTAL AREA 04-10-12 19-12 VOID 20-12 RESOLUTION APPROVTNG AMENDMENT 92 TO THE LEASE AGREEMENT FOR LEASE SITE 78-81/78W-81 W, LOCATED AT 701 EMBARCADERO, BETWEEN THE CITY" OF MORRO BAY AND VAN BEURDEN INVESTMENTS 05-08-12 21-12 RESOLUTION APPROVING AMENDMENT #2 TO THE LEASE AGREEMENT FOR LEASE SITE 122-123/ 122W-123W LOCATED AT 1205 EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND TROY AND HEATHER LEAGE DBA THMT INC. 05-22-12 u RESOLUTIONS 2012 NO. TITLE ADOPTED 09-12 RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE CONIMUN'ITIES 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) 01-24-12 10-12 RESOLUTION APPROVING AMENDMENT 92 TO THE LEASE AGREEMENT FOR LEASE SITE 110-112/110W-112W AND 20' OF THE EASTERLY PORTION OF LEASE SITE 111.5W BETWEEN THE CITY OF MORRO BAY AND GAFCO INC., LOCATED AT 1185 EMBARCADERO 02-14-12 11-12 RESOLUTION AUTHORIZING THE CITY MANAGER ® TO BID AT THE U.S. GENERAL SERVICES ADMINISTRATION AUCTION ON CERTAINREAL PROPERTY LOCATED AT 3300 PANORAMA DRIVE AUTHORIZING PAYMENT OF REQUIRED FEES AND DEPOSITS AND EXECUTION OF ALL NECESSARY DOCUMENTS 02-28-12 12-12 RESOLUTION ADOPTING THE 2011 MORRO BAY BICYCLE AND PEDESTRIAN BLASTER PLAN 02-28-12 13-12 RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT AND PROGRAM SUPPLEMENTS WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE -FUNDED TRANSIT PROJECTS 03-13-12 14-12 RESOLUTION AUTHORIZING THE FEDERAL FUNDING UNDER FTA SECTION 5317 (49 U.S.C. SECTION 5317) WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE COMMUNITY BUS PROGRAM 03-13-12 15-12 RESOLUTION TO TAKE IMMEDIATE STEPS TO KEEP MORRO STRAND BEACH CAMPGROUND OPEN 03-27-12 El RESOLUTIONS 2012 NO. TITLE ADOPTED 01-12 RESOLUTION ADOPTING THE CMB INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS 01-10-12 02-12 RESOLUTION ADOPTING THE HARTFORD DEFERRED COMPENSATION PLAN FOR THE CITY OF MORRO BAY 01-10-12 03-12 RESOLUTION APPOINTING JAINHE BOUCHER AS CITY CLERK FOR THE CITY OF MORRO BAY 01-10-12 04-12 RESOLUTION APPROVING A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 87-88/87W-88W, LOCATED AT 833 EMBARCADERO, BETWEEN VIOLET LEAGE AND BARRY LANLBERT, DOING BUSINESS AS THE CANNERY RESTAURANT 01-10-12 05-12 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS TO THE RURAL TRANSIT FUND GRANT PROGRAM 01-24-12 06-12 RESOLUTION AUTHORIZING THE 2011/12 MID -YEAR AMENDMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEiMENT BUDGETS 01-24-12- 07-12 RESOLUTION CALLING A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 2012 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 5, 2012; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW 01-24-12 08-12 RESOLUTION APPROVING THE 2011 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 2012 01-24-12 RESOLUTION NO. 65-12 RESOLUTION APPROVING THE SALE OF CITY -OWNED PROPERTY LOCATED AT 0 1320 MAIN STREET IN i110RRO BAY, CALIFORNIA THE CITY COUNCIL City of Morro Bay, California WHEREAS; the City owns real property located at 1320 Main Street; just south of Highway One, in Morro Bay. California: and WHEREAS; the real property located at the 1320 Main Street is a ±2069 square foot triangle parcel of vacant land immediately adjacent to the side walk, and is depicted in the attached map as APN 068-168-023: and WHEREAS, the City has determined that the property located at 1320 Main has no potential to be developed as a City facility; and WHEREAS, due to the size and location of the parcel at 1320 Main Street it is infeasible to develop, - therefore the parcel has minimal value to anyone other than an adjacent property owner; and WHEREAS, pursuant to Government Code section 37350, the City wishes to sell City -owned real properties located 1320 Main Street in Morro Bay, California for the common benefit of its citizens; and WHEREAS, pursuant to Government Code section 37421, and Resolution 57-12, the City notified its citizens of its intention to sell City-oxvned properties located at1320 Main Street; Morro Bay. California; and WHEREAS, the City designated the real property at 1320 Main Street for sale at the Open Session Council Meeting on November 13. 2012 and held a public hearing on December 11, 2012, and after receiving no protests passed and adopted Resolution 65— 12; and WHEREAS; the City has negotiated to sell the property for $8,462.21. NOW. THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby approve the sale of the City -owned real property located at I J20 Main Street, Morro Bay_ California. APN 068- 168-023 and authorize the City Manager to execute all documents associated with the sale. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 1 I m day of December 2012, by the following vote: AYES: IRONS, C. JOHNSON, N. JOHNSON, LEAGE, SMURLER NOES: NONE ABSENT: NONE _ J IE L. IltONS, Ma_y r ATTEST: JAMIE WUCHER, City Clerk W N -a CD 0 O- N O cD CD I y O. N QO , y M O \ I\ C) CD n CD CJ CD \ \ �• C d � c cv t�=r CD CD CD CD tm co cD cdo r /'•'"�•�• c cov CD CL o I o CD -CD VI � f d p N \ � O. CL �CD o_n o �.Q Al�C .`.;i CD ' ���,111 1 \ 1111111 `\ ➢ CD Mi Co Es I +rn� V ) \ \�\I,,I IIIIIIII, Ill o o I mW I j ! r \��J f a 1111111+t;,Iillllll�i Jill I I t� 1 1 11111 III�1 III, If I ;it ;;ll4 111111 1, fill It I x l I I wI � I,t� ,tll I I I - I o' I \ I ® RESOLUTION NO.64-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Council Policies and Procedures Manual for the Cite of Morro Bay is a combination of Cite 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 Cite Council; the City of Morro Bay adopted Resolution 46-02 and its Council Policies and Procedures Manual on August 12. 2002: and WHEREAS. the current law regarding many open government issues has been ® complicated by changing technologies and means of communication; and WHEREAS, in order to remain current on the law the City desires to amend Section 4.5 to the Council Policies and Procedures Manual in regard to Electronic Mail, the Public Records Act and the Brown Act, as follows: 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less.a part of `official city business" than any other written correspondence. and there is no expectation of privacy for city email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between Members of the Council, or the public or staff; great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." E ® City email should not be used in any case where a record of any event, occurrence or statement is required or intended to be retained by the City in the ordinary course of business. City emails are intended to fulfill the same general function as ordinary daily verbal communications among City Council and City staff and are considered "transitory" documents (work -in -progress), and therefore are not subject to records retention requirements. For file management and storage .purposes; City email messages should only be retained for as long as needed. In most instances this means deleting messages as you have read them, and shortly after you have sent them. (Reso. 42-05). (part) If an email message; including any attachmentsthereto, is considered an official city record. such emails should be printed as a hard copy and filed in accordance with the city's records retention policy. Generally, the.sender of the email should be the person responsible for printing and filing it accordingly. but persons responsible for a particular program or project file shall be responsible for , retaining all e-mail they send or receive related to that program or project. (Reso. 42-05).(part) It is the responsibility of individual City Council Members, employees and their department heads to determine if email is an official city record that must be retained in accordance with the city's record retention policy. The city attorney will assist you in making such a determination. You should keep in mind, however, that preliminary drafts, notes or interagency or intra-agency memoranda that are not retained by the city in the ordinary course of business are generally not considered to be official city records subject to disclosure. City Council Members and employees are encouraged to delete documents that are not otherwise required to be kept by law or whose preservation is not necessary or convenient to the discharge of your duties or the conduct of the city's business. (Reso. 42-05), (part) Periodically, the city receives requests for inspection or production of documents pursuant to the Public Records Act, as well as demands by subpoena or court order for such documents. In the event such a request or demand is made for e- mail, the City Council Members or employees having control over such e-mail. once they become aware of the request or demand. shall use their best efforts, by any reasonable means available, to temporarily preserve any e-mail that is in existence until it is determined whether such e-mail is subject to preservation, public inspection or disclosure. The city clerk shall be contacted regarding any such emails within the City Council member or employee's control. (Reso. 42- O5). (Part) NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby amend Section 4.5 to the Council Policies and Procedures Manual to ® reflect the above amendments. Resolution 64-12 Pase 2 of 3 11 C/ PASSED AND ADOPTED by the City Council. City of Morro Bay at a regular meeting thereof held on the I Ith day of December, 2012 by the following vote: AYES: Irons, C. Johnson, N. Johnson, Lease, Smukler NOES: None ABSENT: None ABSTAIN: None ATTEST: &V'4G(/W-� J t E BOUCHER, City Clerk fIE L. IRONS. ayor Resolution 64-12 Page 3 of 3 ® RESOLUTION NO.64-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT THE CITY COUNCIL Cite 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 46-02 and its Council Policies and Procedures Manual on August 12. 2002: and is complicated the current law regarding many open government issues has been complicated by changing technologies and means of communication; and WHEREAS, in order to remain current on the law the City desires to amend Section 4.5 to the Council Policies and Procedures Manual in regard to Electronic Mail. the Public Records Act and the Brown Act, as follows: 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of `official city business" than any other written correspondence. and there is no expectation of privacy for city email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between Members of the Council; or the public or staff great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business.- ® City email should not be used in any case where a record of any event. occurrence or statement is required or intended to be retained by the City in the ordinary course of business. Cite emails isare intended to fulfill the same general function as ordinary daily verbal communications among City Council and City staff and isare considered "transitory` documents (work -in -progress), and therefore are not subject to records retention requirements. For file management and storage purposes. City email messages should only be retained for as long as needed. In most instances this means deleting messages as you have read them, and shortly after you have sent them. (Reso. 42-05), (part) If an email message, including any attachments thereto, is considered an official city, record. such emails should be printed as a hard copy and filed in accordance with the city's records retention policy. Generally, the sender of the email should be the person responsible for printing and filing it accordingly, but persons responsible for a particular program or project file shall be responsible for retaining all e-mail they send or receive related to that program or project. (Reso. 42-05),(part) It is the responsibility of individual City Council Members. employees and their department heads to determine if email is an official city record that must be retained in accordance with the city's record retention policy. The city attorney will assist you in making such a determination. You should keep in mind. ® however; that preliminary drafts; notes or interagency or intra-agency memoranda that are not retained by the city in the ordinary course of business are generally not considered to be official city records subject to disclosure. City Council Members and F-employees are encouraged to delete documents that are not otherwise required to be kept by law or whose preservation is not necessary or convenient to the discharge of your duties or the conduct of the city's business. (Reso. 42-05), (part) Periodically, the city receives requests for inspection or production of documents pursuant to the Public Records Act; as well as demands by subpoena or court order for such documents. In the event such a request or demand is made for e- mail, the City Council Members or employees having control over such e-mail, once they become aware of the request or demand, shall use their best efforts, by any reasonable means available, to temporarily preserve any e-mail that is in existence until it is determined whether such e-mail is subject to preservation, public inspection or disclosure. The city clerk shall be contacted regarding any such emails within the City Council member or employee's control. (Reso. 42- 05), (part) Resolution 64-12 Pne 2 of 3 ® NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby amend Section 4.5 to the Council Policies and Procedures Manual to reflect the above amendments. 1 J 2 PASSED AND ADOPTED by the City Council. Cite of Morro Bay at a regular meeting thereof held on the I 1 th day of December; 2012 by the following vote: AYES: Irons. C. Johnson, N. Johnson, Lease. Smukler NOES: None ABSENT: None ABSTAIN: None J TIE L. IRONS, Mayor ATTEST:- ;4 // l� JAMIE BOUCHER, City Clerk Resolution 64-12 Paee 3 of 3 1 1 RESOLUTION NO.63-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 129W-131W FROM THE MORRO BAY FISH COMPANY TO CENTRAL COAST SEAFOOD THE CITY COUNCIL Cite of Morro Bay, California WHEREAS; the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 129%N'-I31 W: and WHEREAS; Morro Bay Fish Company is the lessee of said property; and WHEREAS. Morro Bay Fish Company has requested Council approval of assignment of the lease agreement for Lease Site 129W-l') I W to Central Coast Seafood: and WHEREAS, Central Coast Seafood has provided background and financial information as required to the City; and WHEREAS; the City cannot unreasonably withhold assignment approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay; California. that the lease agreement for Lease Site 129w-131 W is hereby assigned from the Morro Bay Fish Company to Central Coast Seafood and that the Mayor is hereby authorized to execute the assignment and assumption documents. BE IT FURTHER RESOLVED, that this assignment is contingent upon City Attorney approval of the assignment and assumption documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11 th day of December. 2012 on the following vote: AYES: Irons, C. Johnson, N NOES: None ABSENT: None ATTEST: JamieVoucher, City Clerk Johnson, Lease. Smukler ie L. Irons. Mayor 11 This document is recorded for the Benefit of the City of Morro Bay and is exempt from recording fees, pursuant to Government Code Sections 6103 and 27383. RECORDING REQUESTED BY: . City of Morro Bay 'WHEN RECORDED MAIL TO: City of Morro Bay City Attorney 595 Harbor Street Morro Bay, CA 93442 Space above reserved for use of County Recorder ASSIGNMENT AND ASSUMPTION AGREEMENT This assignment is made and entered into this h i C day of S)A iJ U A r �i , 20133 by and between Morro Bay Fish Company, Inc., a California Corporation (hereinafter referred to as "Assignor') and MBFC Acquisition Corp., a California Corporation (hereinafter referred to as "Assignees'). ® 1. The City Council of Morro Bay has approved lease assignment-, Assignor hereby assigns all rights, title and interest they have in the lease from the City of Morro Bay, known as Morro Bay Lease Site 129W-131W, under the Master Lease dated September 22, 2008, Amendment #1 approved April 13, 2009 and Resolution No. 60-10 Lease Site Maps. 2. Assignees acknowledge that the City of Morro Bay has leased the premises to Assignor under the Master Lease dated September 22, 2008. Assignee acknowledges that any assignment of the Master Lease is subject to prior approval by the City of Morro Bay City Council and is also subject to prior execution between Assignor and Assignees. 3. Assignees agree to comply with terms and conditions of the Master Lease dated September 22, 2008, and Amendment #1 approved April 13, 2009, and to assume all liabilities under the Master Lease, to defend, indemnify and hold the City free and harmless from and against, any and all claims, lawsuits, costs and expenses, including reasonable attorney's fees and court costs arising from, or in any way related to, holding, using or operating the leased premises, and further agree to maintain liability insurance in the manner, form and amount required by the Master Lease dated September 22, 2008, with the City of Morro Bay included as an additional insured without the offset against the City's insurance. Assignor confirms to the City that he has no actual knowledge or reasonable cause to believe that any release of hazardous substance has come to be located on/or beneath the real property during the term of Assignor's occupation of the lease that has not been reported pursuant to Health & Safety code 4253597. Page 1 of 2 Dated: l — 1 ® Brett Cunningham, Morro Bay Fish Company, Inc. Consent tolAssignment & Assumptions of all liabilities under the Lease Dated:`lei X 11A`- Comin, The City of Morro Bay, Lessor named in the Master Lease, consents to the Assignment upon the conditions set forth above. The City also consents to the agreement by Assignees to assume, after T.,n . t, , 2-0 t 3 , the payment of rent and performance of all duties and obligations including all percentage of gross sales rent as set forth in the Master Lease which has been approved by the Morro Bay City Council prior to this agreement. Citti, of Morro Bav Dated: /1-7/3- By; Jamie L. Irons, Mav65 ® City of Morro Bay 11 Page 2 of 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of —&n Lois On Trrtucry K ?0/3 before me. Terence !A/C/J {er. N�f ry P-'D'I(:- 7- (Herr insen name and title of Iht offroer) personally appeared 6ce Gorrtin who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -Ware subscribed to the within instrument and acknowledged to me that hF491B&'they executed the same in itis.qieF!their authorized capaciry(ies), and that by-ris4rer/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. signattne of Noc v Public _i Y 'TERENCE W. WINTER t7 ( COMM. #1370475 m U / 5 N%';PtISPOa N' U Oafk�+;glrptty (Notary Seal) L " -- Fly iot .'a cxD. OC7 yj. 2074 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT �5.5�nr>7enf arl� Q,55u y+�l��, on (Title or description of attached document) X5 rEEM Perri I (Title or det5ription of attached document continued) Number of Paoes Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Anomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM . Any ackrtou,ledgmeni completed in California must contain verbiage eracth as appears above in the notay section or a separate acbroudedgmeni farm must be properh completed and attached to that document. The onhemeption is if a document is to be recorded outside of California. In such instances, an}' alternative acknowledgment verbiage as mar be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a noay in California (i.e. certifying the authorized capactyy of the signer). Please check the document carefully far proper notarial uvrding and attach thisform if required. • State and County information most be the State and County where the document simer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signets) personalry appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then vow title (notary public). • Print the manuals) of document signers) who personally appear at the time of nour=non. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hershe/thev- is fare ) or circling the correct forms. Failure to cortewly indicate this information may lead to rejection of document recording. - • The notary seal impression most be clear and photographically reproducible. Impression most not cover teat or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowled_scaent form. • Signature of the notary public most match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknovledemem is not misused or attached to a different document. Indicate title or type of attached docmnent, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, secretary). • Securely attach this document to the simed document 2008Version C.<.PAvl?.10.07800-873-9865 ww,.NotarYC.lasscs.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California sr'. County of San Luis Obispo On. r . 1 , 2 t 3 before me, Dana Swanson, Notary Public (Daze) personally appeared J An 1 (Siener/s) 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 ack-nowledged to me that he/she/the y executed the same in his/het/their' authorized capacity(iesj, and that by his/hei/their signature(s) on the instrument the pers;6(s), or the entity upon behalf of which the person(E) 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. cl (Signature of Notary Public)' My commission expires on 12/31/14. OPTIONAL DANASWANSON It COMM. #191vau rn W SAN�WIS OBISPO CMM Camp M DEC. 31, I014 This area for official notarial seal. Though the information below, is not required b- law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of Type of Document: A�- 51 Document Date: Signer(s) Other Than Named Above: ;i Capacity(ies) Claimed by Signer ;> Signer's Name: >? ❑ Individual ® Corporate Officer - Title(s): ❑ Partner: ❑ Limited ❑ Ge feral ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C "t) Number of pages RESOLUTION NO.62-12 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT #3 TO THE LEASE AGREEMENT FOR LEASE SITES 122-123/122W-123W LOCATED AT 1205 EI111BARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the Lessor of certain property on the Morro Bay waterfront described as Lease Sites 122-123/122 W-123 W; and WHEREAS, Troy and Heather Lease. dba THMT, is the Lessee of said property; and WHEREAS, on November 15, 2012 the Tenant obtained Coastal Development Permit (CDP) 3-08-025-AI from the Coastal Commission to renovate and redevelop three existing commercial businesses and related boating facilities spanning 22 lease sites including demolition of floating docks; the "Thai Boat" restaurant, "Virg's Tackle Shop". shed; and ancillary structures; and construction of a two-story commercial visitor serving mixed use structure (Virg's), new commercial boating finger slips (Virg's and Harbor Hut), new marine fuel tanks, new restaurant/fish market expansion (GAFCO), side -tie dock and live bait receiver bins (Virg's), ancillary structures (e.g., pilings, framing, stairs, gangways, etc.), and public access improvements; including 8' wide public floating dock, gangways, ADA compatible lift, rooftop deck, and outdoor seating area; and WHEREAS, Coastal Development Permit (CDP) 3-08-025-A1 requires that the conditions of the CDP ® be recorded against both the underlying lease sites and properties, and requires that the lease be modified in order to incorporate the permit conditions into the City lease agreement; and WHEREAS, the City and the Lessors have reached an agreement in order to comply with Coastal Development Permit (CDP) 3-08-025-A 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Amendment #3 for Lease Sites 122-123/122W-123W is hereby approved and that the Mayor is hereby authorized to execute the attached lease amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the I Ith day of December, 2012, by the following vote: AYES: Irons, C. Johnson, N. Johnson, Smukler NOES: None ABSTAIN: Lease MIE L. IRONS. Mayor KWOUSU is ZMX&A/�-- JAA4LF/BOUCHER. City Clerk ® AMENDMENT 93 TO LEASE AGREEMENT FOR LEASE SITES 122-123/122W-123W This Amendment is made and entered into as of this 1 Z " day of u i ; 2012 by and between the City of Morro Bay; a municipal corporation of the State of California; (hereinafter "CITY") and Troy and Heather Lease; dba THMT (hereinafter "TEN A_\T") to amend that certain ground lease for Lease Sites 122-123/122W-123W dated April 27,1998, Amendment :Y1 dated April 13, 2009 and Amendment -.92 dated,May 22, 2012 (hereinafter "Lease"). WHEREAS, on November 15; 2012 the TENANT obtained an Amended Coastal Development Permit (CDP) 3-08-025-A1 from the Coastal Commission to renovate and redevelop three existing commercial business and related boating facilities spanning 22 lease sites including demolition of floating docks; the "Thai Boat" restaurant. "Virg s Tackle Shop", shed, and ancillary structures, and construction of a two-story commercial visitor serving mixed use structure (Virg's), new commercial boating finger slips (Virg's and Harbor Hut), new marine fuel tanks; new restaurant/fish market expansion (GAFCO), side -tie dock and live bait receiver bins (Virg's), ancillary structures (e.g., pilings; framing, stairs, gangways, etc.); and public access improvements, including 8' wide public floating dock. gangways, ADA compatible lift; rooftop deck; and outdoor seating area; and ® WHEREAS, Amended CDP 3-08-025-A1 requires that the conditions of Amended CDP 3-08-025-A1 be included as conditions of the Lease and prohibit the deletion or amendment of . the portion of the Lease consisting of the conditions of the CDP without the approval of the Executive Director of the Coastal Commission. Additionally, Amended CDP 3-08-025-A1 requires the CITY to agree to include the conditions of Amended CDP 3-08-025-A1 in any future lease on the Lease Parcel. NOW THEREFORE, CITY and TENANT mutually agree to amend said Lease as follows: Lease Restriction. In consideration of the issuance of the Amended Coastal Development Permit (CDP) 3-08-025-A1, TENAINTT and CITY agree that all of the terms and conditions of Amended CDP 3-08-025-A1 (Attached as Exhibit A) are conditions of the Lease. TENANT and CITY agree not to modify or amend any portion of the Lease consisting of the conditions of the Amended CDP or that would contradict the terms and conditions of Amended CDP 3-08-025-A1 without the prior written approval of the Executive Director of the Coastal Commission. TE\A\TT and CITY also agree to include the conditions of Amended CDP 3-08- 025 .A 1 in anv future lease on the Lease Parcel. All other terms and conditions of the Lease and Amendments thereto shall remain in full force and effect. IN R'ITN TSS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY / 71V,,al Y `;Z76 vs� Ja�rme L. Irons. Mavor APPROVED AS TO FORM: Roben Schultz; Attorney ATTEST: . Jamie Boucher, City Clerk V Headier Leasie r RESOLUTION NO.61-12 RESOLUTION OF THE CITY COUNCIL ® OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT #3 TO THE LEASE AGREEMENT FOR LEASE SITES I IOW-112W AND 20' OF THE EASTERLY PORTION OF LEASE SITE 111.5W LOCATED AT 1185 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the Lessor of certain property on the Morro Bay waterfront described as Lease Sites 110W-112W and 20' of the easterly portion of Lease Site 111.5W"; and WHEREAS, George Lease, dba Great American Fish Company_ Inc. are the Lessees of said property; and WHEREAS, on November 15. 2012 the Tenant obtained Coastal Development Permit (CDP) 3-08-025-A1 from the Coastal Commission to renovate and redevelop three existing commercial businesses and related boating facilities spanning 22 lease sites including demolition of floating docks; the `Thai Boar' restaurant. "Virg's Tackle Shop", shed, and ancillary structures: and construction of a two-story commercial visitor serving mixed use structure (Virg's), new commercial boating finger slips (Virg's and Harbor Hut), new marine fuel tanks; new restaurant/fish market expansion (GAFCO), side -tie dock and live bait receiver bins (Virg's), ancillary structures (e.g., pilings; framing. stairs. gangways, etc.). and public access improvements; including 8' wide public floating dock. gangways. ADA compatible lift, rooftop deck, and outdoor seating area; and WHEREAS, Coastal Development Permit (CDP) 3-08-025-A1 requires that the conditions of the CDP be ® recorded against both the underlying lease sites and properties; and requires that the lease be modified in order to incorporate the permit conditions into the City lease agreement; and WHEREAS, the City and the Lessors have reached an agreement in order to comply with Coastal Development Permit (CDP) 3-08-025-A 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California. that Amendment #3 for Lease Sites 1IOW- 112W and 20' of the easterly portion of Leas Site 111.5W is hereby approved and that the Mayor is hereby authorized to execute the attached lease amendment. PASSED AND ADOPTED by the Citv Council of the City of Morro Ba_y at a regular meetine thereof held on the I 1 th day of December. 2012, by the following vote: AYES: NOES: ABSTAIN Irons. C. Johnson. N. Johnson, Smukler None Lease E E.IRONS. Mayor ATTEST: JAMIE UCHER. Cite Clerk ® AMENDMENT #3 TO LEASE AGREEMENT FOR LEASE SITES 110W412W AIN'D 20' OF THE EASTERLY PORTION OF LEASE SITE 111.5W This Amendment is made and entered into as of this day of b z c rti 5 tL , 2012 by and between the City of Morro Bay, a municipal corporation of the State of California; (hereinafter "CITY") and George Lease, dba Great American Fish Company (hereinafter "TENANT") to amend that certain ground lease for Lease Sites IIOW-112W and 20' of the easterly portion of Lease Site 111.5W dated July 1. 2005, Amendment 41 dated December 13, 2011 and Amendment'—.`2 dated February 14, 2012 (hereinafter '.'Lease"). WHEREAS, on November 15, 2012 the TENANT obtained an Amended Coastal Development Permit (CDP) 3-08-025.A1 from the Coastal Commission to renovate and redevelop three existing commercial business and related boating facilities spanning 22 lease sites including demolition of floating docks. the "Thai Boar' restaurant, "Virg's Tackle Shop", shed. and ancillary structures, and construction of a two-story commercial visitor serving mixed use structure (Virg's), new commercial boating forger slips (Virg's and Harbor Hut), new marine fuel tanks; new restaurant/fish market expansion (GAFCO), side -tie dock and live bait receiver bins (Virg's), ancillary structures (e.g., pilings; framing, stairs, gangways, etc.), and public access improvements, including 8' wide public floating dock, gangways: ADA compatible lift; rooftop deck, and outdoor seating area; and WHEREAS, Amended CDP 3-08-025-A1 requires that the conditions of Amended CDP 3-08-025-A1 be included as conditions of the Lease and prohibit the deletion or amendment of the portion of the Lease consisting of the conditions of the CDP without the approval of the Executive Director of the Coastal Commission. Additionally, Amended CDP 3-08-025-A1 requires the CITY to agree to include the conditions of Amended CDP 3-08-025-A1 in any future lease on the Lease Parcel. NOW THEREFORE, CITY and TENANT mutually agree to amend said Lease as follows: Lease Restriction. In consideration of the issuance of the Amended Coastal Development Permit (CDP) 3-08-025-A1, TENANT and CITY agree that all of the terms and conditions of Amended CDP 3-08-025-A1 (Attached as Exhibit A) are conditions of the Lease. TENANT and CITY agree not to modify or amend any portion of the Lease consisting of the conditions of the Amended CDP or that would contradict the terms and conditions of Amended CDP 3-08-025-A1 without the prior written approval of the Executive Director of the Coastal Commission. TENANT IT and CITY also aaree to include the conditions of Amended CDP 3-08- 025 :A 1 in any future lease on the Lease Parcel. All other terms and conditions of the Lease and Amendments thereto shall remain in full force and effect. IN WITNESS WIIEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY l/�,i ,G Z, �� Ja((mie'I . Irons'. Mayor APPROVED AS TO FORM: 12'01Efw' Robert SchultZ 'tv Attomev ATTEST: Ka � Jamie Boucher, City Clerk V u 11 11 RESOLUTION NO.60-12 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT 94 TO THE LEASE AGREEMENT FOR LEASE SITES 124-128/124W-128W AND 113W LOCATED AT 1215 ED4BARCADER0 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the Lessor of certain property on the Morro Bay waterfront described as Lease Sites 124-128/124W-128W and 113 W: and WHEREAS, MMBS, LLC, is the Lessee of said property; and WHEREAS, on November 15, 2012 the Tenant obtained Coastal Development Permit (CDP) 3- 08-025-A1 from the Coastal Commission to renovate and redevelop three existing commercial businesses and related boating facilities spanning 22 lease sites including demolition of floating docks. the "Thai Boat' restaurant; "Virg's Tackle Shop'; shed; and ancillary structures; and construction of a two-story commercial visitor serving mixed use structure (Virg's), new commercial boating finger slips (Virg's and Harbor Hut); new marine fuel tanksnew restaurant/fish market expansion (GAFCO), side - tie dock and live bait receiver bins (Virg's), ancillary structures (e.g., pilings: framing, stairs; gangways; etc.), and public access improvements, including 8' wide public floating dock. gan-g-ways. ADA compatible lift; rooftop deck, and outdoor seating area; and ® WHEREAS, Coastal Development Permit (CDP) 3-08-025-Al requires that the conditions of the CDP be recorded against both the underlying lease sites and properties, and requires that the lease be modified in order to incorporate the permit conditions into the Ciry lease agreement; and WHEREAS, the City and the Lessors have reached an agreement in order to comply with Coastal Development Permit (CDP) 3-08-025-A1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, Califomia, that Amendment 94 for Lease Sites 124-128/124W-128W and I IJW is hereby approved and that the Mayor is hereby authorized to execute the attached lease amendment. PASSED AND ADOPTED by the Citv Council of the Citv of Morro Bay at a regular meeting thereof held on the 1 Ith day of December; 2012, by the following vote: AYES: NOES: ABSTAIN: Irons; C. Johnson; N. Johnson, and Smukler None Lease A J 1IE L.IRONS Mai r ® ATTEST: JAMIVBOUCHER. City Clerk ® AMENDMENT #3 TO LEASE AGREEMENT FOR LEASE SITES 124-128/124W-128W AND 113W This Amendment is made and entered into as of this t Z day of pecan sc� 2012 by and between the City of Morro Bay, a municipal corporation of the State of California_ (hereinafter "CITY") and MMBS, LLC (hereinafter "TENANT") to amend that certain ground lease for Lease Sites 124-128/124W-128W and 113W dated October 19. 2010, Amendment rl dated May 24. 2011. Amendment =2 dated December 26, 2011, and Amendment #3 dated July 10, 2012 (hereinafter "Lease"). WHEREAS, on November 15, 2012 the TENANT obtained an Amended Coastal Development Permit (CDP) 3-08-025 -A1 from the Coastal Commission to renovate and redevelop three existing commercial business and related boating facilities spanning 22 lease sites including demolition of floating docks; the "Thai Boat" restaurant; "Virg's Tackle Shop". shed, and ancillary structures; and construction of a two-story commercial visitor serving mixed use structure (Virg's), new commercial boating finger slips (Virg's and Harbor Hut), new marine fuel tanks. new restaurant/fish market expansion (G.AFCO), side -tie dock and live bait receiver bins (Virg's), ancillary structures (e.g., pilings, framing; stairs; gangways, etc.), and public access improvements, including 8' wide public floating dock, gangways, ADA compatible lift; rooftop deck; and outdoor seating area; and ® WHEREAS, Amended CDP 3-08-023-A1 requires that the conditions of Amended CDP 3-08-025 -A1 be included as conditions of the Lease and prohibit the deletion or amendment of the portion of the Lease consisting of the conditions of the CDP without the approval of the Executive Director of the Coastal Commission. Additionally, Amended CDP 3-08-025-A1 requires the CITY to agree to include the conditions of Amended CDP 3-08-025-A1 in any future lease on the Lease Parcel. NOW THEREFORE, CITY and TENANT mutually agree to amend said Lease as follows: Lease Restriction. In consideration of the issuance of the Amended Coastal Development Permit (CDP) 3-08-025-AL TENANT and CITY agree that all of the terms and conditions of Amended CDP 3-08-025-A1 (Attached as Exhibit A) are conditions of the Lease. TENANT and CITY agree not to modify or amend any portion of the Lease consisting of the conditions of the Amended CDP or that would contradict the terms and conditions of Amended CDP 3-08-025-AI without the prior written approval of the Executive Director of the Coastal Commission. TENANT and CITY also agree to include the conditions of Amended CDP 3-08- 025-A1 in any future lease on the Lease Parcel. 11 All other terms and conditions of the Lease and Amendments thereto shall remain in full force and effect. IN WITI-ESS WFIEREOF, the parties hereto hereby execute CITY OF MORRO BAY JJaaammfe L. Irons. Mavor ?APPROVED AS TO FORM: &qRf Robert Schul LJ Attorney ATTEST: Jamih Boucher. City Clerk V 11 El ® RESOLUTION NO. 59-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF bIORRO BAY, CALIFORNIA APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT TO LEASE AND ADMENDMENT TO THE OUTFALL LEASE BETWEEN THE CITY OF MORRO BAY AND DYNEGY MORRO BAY LLC THE CITY COUNCIL City of Morro Bay, California WHEREAS. the City' of Morro Bay leases to Dynegy Morro Bay LLC property on which is located an off -site outfall structure used for the discharge of the heated water from the Morro Bay Power Plant;.and WHEREAS, the initial Outfall Lease was for 50 years and expired on November 15, 2004, and Staff negotiated a new Agreement to Lease and Outfall Lease Agreement that was approved by the City Council; and y WHEREAS, the current Agreement to Lease and Outfall Lease Agreement that was approved by the City Council was for a term of 50 years so long as.the Power Plant Operator ® reached New Plant Commencement Construction by November 15, 2012; and WHEREAS, the Power Plant Operator did not reach New Plant Commencement Construction by November 15. 2012, so the Outfall Lease Agreement and Agreement to Lease are in a month to month holdover lease; and y WHEREAS. the City of Morro Bay and the California Energy Commission have determined that the thermal discharges from the Morro Bay Power Plant Outfall do not result in any significant detrimental biological impacts; and WHEREAS, the City of Morro Bay and the California Energv Commission have determined that thermal impacts from the Morro Bay Power Plant Outfall are not significant pursuant to the Clean Water Act and will also comply with the California Thermal Plan; and WHEREAS, the City of Morro Bay and the California Energy Commission have determined that the Morro Bay Power Plant provides local economic benefits and electricity reliability to the San Luis Obispo County area; and WHEREAS, the City of Morro Bay finds that the requirements of CEQA have been satisfied by the CEC's process and associated documents, and adopts the findings set forth in the California Energy Commission's decision on the Morro Bay Power Plant; and Resolution 59-12 Page 2 of 2 ® WHEREAS; the City Council of the City of Morro Bay finds that the approval of the Agreement to Lease and Outfall Lease is exempt from review under CEQA because it involves the lease and minor alteration of existing facilities as described in State CEQA Guidelines Section 15301 and is exempt under Class 1. Existing Facilities: Title 2, California Code of Regulations. section 2905 (a)(2). , NOW, THEREFORE, BE IT RESOLVED that the City Council of the Citv of Morro Bay authorizes and directs the Mayor to execute the Amendment to Agreement to Lease and the Amendment to the Outfall Lease in the form attached hereto and to accept, on behalf of the City of Morro Bay, deeds to the parcels of real property to be acquired by the City under the Agreement to Lease, and to execute, on behalf of the City, such additional documents, as may be needed to complete the transactions set forth in the Agreement to Lease and the Outfall Lease. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 5th day of December 2012. by the following vote: AYES: Borchard, Johnson, Leage, Yates NOES: Smukler ABSENT: ABSTAIN: ATTEST: %Ua/i- — J E BOUCHER, City Clerk 11 W[LL[AM YATES vor ® RESOLUTION NO. 58-12 A RESOLUTION OF THE CITY COUNCIL OF _ THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING TRANSACTION OFFICERS FOR DOING BUSINESS WITH RABOBANK THE CITY COUNCIL City of Morro Bay, California WHEREAS; the City of Morro Bay has an ongoing banking relationship with Rabobank; a Dutch corporation; for its primary banking needs: and WHEREAS. Rabobank requires a corporate Resolution that establishes transaction officers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay; California, that the following individuals are designated as transaction officers for doing business with Rabobank: Jamie L. Irons ® Andrea Lueker Susan Slayton Laurie Goforth Cristie Brazzi Bonnie Johnson E Mayor City Manager Administrative Services Director/City Treasurer Human Resources Analyst Senior Accounting Technician Accounting Technician PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 11 `h day of December 2012, by the following vote: AYES: Irons; C. Johnson; N. Johnson, Leage, Smukler NOES: None ABSENT: None �4u� - JAM BOUCHER. City Clerk Lww� Z-17� 17 L.IRO Mayor 11 -These - Amendments .to Lnef4ovemoer _g Power Plant Moderiuzaaon (•Amendments") are entered into by and between the City Of_ Morro Bay ecital (B) is.amendea.to.repiace.. LIYZ�_Zj _11VIU1%IN� - D G­Y'M0'_.--7 i'j'; ' ("DLiki �kitlii - _DYNEGY"j" yNE*' RRO BAY LEC. - Paidgraph 1 ;8 is amended to replaba"TUKE tNERGY-;MORRO 13AY LLC'.w-ith "D_ ko -YN-EGY---MOR tide in substance , I Paragraph 2 ]-is amended to add. the following at t1ie.end TheOutfill Lease has been amended condiarrently with this Agreement. The Arnendrii6h( shall be appended hereto as Exhibit A.' - Paragraph 4.2.1 is amended to add the following at the end:.- Commencing on January 1, 2014 Dynegy-agre _in e an annual CDF i payment to the City, due on or before January 21 of each.year, for the then current year, in the fixed amount of FIVE HUNDRED TWENTY FIVE THOUSAND - DOLLARS ($525,0.00). This payment shall notbesubject to. adjustment under. Section 1.5 or otherwise through the 2017 payment. Pursuani to Section 2.1(4) of the Outfall Lease, Exhibit A hereto, DYNEGY shall have the . option to cancel the Agreement to Lease and Outfall Lease by written notice to the CITY by August I for the calendar year 2014 and February 28'1' of each following year to cancel any and all payments for the next calendar year. 6"944.1 -incEeqiR�r,-qppp1 -ally "The CITY �add:DYNE(-iY.-acknowleage�'Ltle .— r espooibility in'planning for reuse '6f-the Site -upon the Permanent -Cessation of. --Electncal Power-GThe Parties, cooperate an work together todevelop �d planning process involving, , � d* :an a*range .�of planning --neighbod.00 _grpups'�an citizens ld'sba . i­.— shape -,a yision-. _.-options . for, the_redeveloped Site :Beginning in 2015,-Dyn t : , to egy agrees o,pE iyup if development soenaricis or reuse6f . . the -th6suriibf$35,0,6,0.to..deveop.a-sqp. Site.' t i e . ='Add Pariikriph 13.2.1 1:6s*follows: --"Prior to June ll,-2013,`DYNEGY shall provideto the CITY- with a Uase �0 term . rm... Agreement for Ula Kaisti.Park-a d­_e__ jadjacent I f . 10 ......utoma tically b e . come- - - rars. Each anniversary date of the L6.ao­A_ eement.s r .. . ...:-the new �e,ff_ec_tive d-ate of the Lease -Agreement .zThe ..Lease Agreement shal lAlaw for=either:party;.on7the..nnversar Aoeect:tonot continue the automagc f - the Le Agreement shah_ renewal provision of the: Leasew ereupcin the-terino -re . ver . t .. to._16versary: a- -.dl..exe c t renew y& ir�ai-tk te.0 sai exercise Agreement is is understood by the Parties: that -this Agree automatic extension .It7 -n- funding for gT4 t b i _- ­j�i� in -order -allow-allow the: City to � 0 tal 7 being ...-iftered. into improvements to Lila -Kaiser Tark and is inclusive an does not superseded the -1. - - . revocabli7ii&rik� that has been entered -into by the Parties. Add Parigraph. 13.212 as follows: d locating a Maritime Museum _`Fhe CITY. -currently- esiriis to, pursue loc� Way ' within. a. portion - of.the F CITY Street RightOf W y and the Front Street parking lot. In.order for the projedtjo be develbped in the existing public ROW, the Cf m . ust. . v ac . a te and abandon t he..public ROW. The.v . acation - of a public easement for a street or highway will allow wthat property u6jer the easement to revert back to the property owner., I DYNEGY . agrees to quitcla . im-all of its rights ;'-title and interest in the Front Street 1right-o . f-way to the CITY to allow for the development of the Maritime Museum." .7. Add Paragraph 13.2.13 as follows: "The CITY currently desires to pursue a Bikeway/Pedestrian Path through the Existing Plant Property . Upon the Permanent Cessation of Electrical Power Generation, DYNEGY agrees to cooperate with the CITY to achieve that goal. The CITY shall assume all obligations and funding to design, construct and maintain the Bikeway/Pedestrian Path through the Existing Plant Property . In the event the City moves forward with a.Bikeway/Pe-destrian Path through the Existing Plant Property, the location and reasonable terms and conditions of such easement shall be agreed upon by the parties prior to final design and construction. The location and terms and conditions shall include that the City 2 699944.1 is installed as -necessitated -by power plant. operations -The CTI Y agrees __ at m accepting any dedication under _this Sechon;.the CITY_will not use the piopertyan = a way that is not compatible with development or operation of_the Exisgn9 Planf -.-In addition, ;after :dedication, .DYNEGY 'shall -be able use _said. property -necessary power. pa-,-. operates based upon_agteeable.terms and condidonssaid - - = --dedication shall besubject to and. consistent with any applicable restrictions in the -' - - _ _PG&E Purchase and -Sale Agreements. Paragraph 13 2 15 as follows: _ - _ `The.paymeriis, property dedications, licenses and easements to be made _ - undec'Sections10.3 13.2.11 and 13.2.12, 13.2.13.-and 13.2.14 are hotcontingent- _ on DYNEGY'.s_operation of the Existidg_Plant -or whether DYNEGY cancels the Agreement pursuant to. Section 2.1.. The Parties intend and acknowledge that the payments, property dedications, licenses and_ easements are to be made on the terms._ and conditions. provided in `this. Amendment regardless of whether DYNEGY:continues to -operate the Existing Plant, ceases.[o operate the Existing Plant, constructs or cancels this Agreement or the Outfall cease Agreement attached as Exhibit A." . Paragraph 16. 1 is amended to add the following at the end: 'Prior to' January 1, 2013, DYNEGY and the CITY shall enter into a Fire Protection Agreement. The purpose of this Agreement is to set forth the terms upon which the City shall provide DYNEGY fire protection services, first response services and rescue services. The Fire Protection Services Agreement shall require DYNEGY to pay the CITY '$40,000 annually beginning on January 1, 2014 through the end of the Agreement. The form of the Fire Protection Agreement is set forth in Exhibit C attached hereto." 699944.1 3 E 19. notice is Agreement.-Upon_.receipt of. th_e:aforesaid_payment(s), -the. CITY_-_ waives any and all additional claims for said cost reim brsementsr_- _ Executed on this zday:bf November, 2012 be effective January 1, 2013. to_ CITY OFMORRO BAY DYNEGY MORRO BAY, LLC I \- ce� �, two �e _ By: `_�) By: Name: Moak,~, W . f\n 6.4 MAYOR U Title: lii, 5C�e� rsr2zai 4 Ll _ These. amendments to the Lease made and entered into by and between the _City of Iviorro Bay, a mpnicrpal corporauon of the State_of California (' CTI'Y), and Duke Energy _.LLC a _Del_aware limited liability: company_(` TENANT' ),_effective as.: of November-15,'2004 - SE")'are made effective.? i ry 1 2013 All other terms and condrtions:of the'LEASE - _ remain m.full force and effect = The TENANT on the LEASE is amended from "DUKE ENERGY MORRO BAY LLC, a Delaware_limrted lrabiltty company" to "DYNEGY. MORRO BAY LLC'- Section 1 2(1) is amended on the third lin by deleting _the date Novembei 15, 2012" and _ - - replacipg'.it with "December 3l; 2017" Section .I 2(3) a amended on the_third line by deleting the date "November 15, 2012" and = replacing it with "December 31; 2017" and by adding the phrase subject to TENANT exercising the eulf termmatiop..option described in Section 1.2(4) below" at* end of the section. Secuon 1 2{4) is added as follows "(4) TENANT shall have the option, effective upon notification to theCPPY on or before August 1, 2013 for the 2014 calendar year and February -:_-_...-._.._._._..o _ 28" of each following year to cancel any and all future payments. Section 2.j (1),=:add .the following language at the end: "Commencing January 1, 2013;. annual rent.:duripg.the:;remainingy.term shall be Two Hundred and. -Sixty Thousand Dollars ($260,000) and shall be due and payable in advance on January 1 (or the_fint business day of the new year thereafter) of each year of the remaining term." Section 2,1(2) — Strike entire. section and replace with the Annual rent will not be subject to any cost of living adjustment . Section 13.2 is amended as to whom notices or demands to TENANT may be given at: Dynegy Inc. 601 Travis Street Houston, TX 77002 ATTN: General Counsel page 1 of 2 r Page 2 of 2 MORRO BAY POWER PLANT I1P WITH CAP • "- "" 'LS4858' PER N05'57.52'W 74.79' 77RS26 �(TIE LINE ONLY) EMBARCADERO 1"IP WITH CAP "LS4868" PER N30b 77RS26 (TjFz Og f �"i I 1y 1"IP IN WELL MON NO TAG PER 77RS26 1"IP IN WELL MON NO TAG PER 77RS26 ---r�--- --r--- SCALE 1'=100' P A C I F I C O C E A N MAM MICHAEL B. STANTON, PLS 5702 DYNEGY POWER PLAN' 3563 SUELDO ST. UNIT 0 SAN LUIS OBISPO, CA 93401 MORRO BAY 805-594-1960 JOB NO. 15-146 Is RESOLUTION NO.57-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA OF ITS INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 1320 MAIN STREET IN MORRO BAY, CALIFORNIA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City owns real property located at 1320 Main Street; just south of Highwav One: in Morro Bay. California; and WHEREAS. the real property located at the 1320 Main Street is a ±2069 square foot triangle parcel of vacant land immediately adjacent to the side walk. and is depicted in the attached map as APN 068-168-023; and WHEREAS, the City has determined that the property located at 1320 Main has no potential to be developed as a City facility; and WHEREAS, due to the size and location of the parcel at 1320 Main Street it is infeasible to develop, therefore the parcel has minimal value to anyone other than an adjacent property ® owner; and WHEREAS, pursuant to Government Code section 37350, the City desires to sell the City-owrted real property located at 1320 Main Street in Morro Bay, California for the common benefit of its citizens. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bav notices the citizens of the City of Morro Bay of its intention to sell City -owned real property located at 1320 Main Street in Morro Bay, California; and BE IT FURTHER RESOLVED, that the City shall hold a hearing on December 11, 2012 for any person who wishes to protest the sale of the City -owned property located at 1320 Main Street in Morro Bay, California; and BE IT FURTHER RESOLVED, that pursuant to Government Code section 37422, the City shall post proper notice and proper publication of this Resolution; and BE IT FURTHER RESOLVED, that on December 11, 2012 at the regularly scheduled Citv Council meeting. final action shall be taken on this matter. E Resolution 57-12 Page 2 of 2 n LJ E Ell PASSED AND ADOPTED by the City Council of the Citv of Morro Bay at a regular meeting thereof held on the 13 h day of November, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None None i0 BOUCHERCity Clerk ® RESOLUTION NO.56-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA REAFFIRMING COMMUNITY SUPPORT OF THE LOCAL COMMERCIAL FISHING INDUSTRY THE CITY COUNCIL City of Morro Bay, California WHEREAS. since the founding of the community, the commercial fishing industry has played a significant role in the development of Morro Bay: and WHEREAS. the commercial fishing industry is designated the number one priority in the City's General Plan and Local Coastal Plan: and WHEREAS, the California Coastal Act of 1976, in keeping with the community`s policy of giving priority to commercial fishing in new harbor development, requires the City of Morro Bay to protect and upgrade; wherever feasible, commercial fishing facilities: and WHEREAS. the commercial fishing industry provides a significant economic ® source for the community as well as serves as an important tourist attraction; and ^ WHEREAS, the Morro Bay commercial fishing industry has experienced tremendous economic growth over the past four years. as demonstrated by the fact that between 2007 and 2011. earnings by commercial fishermen rose from a 20-year low of 51.8 million to over 57.4 million, a four -fold increase; and WHEREAS, their positive economic performance is evidence of the hard work and ingenuity of Morro Bav commercial fishermen, which is supported by the City of Morro Bav and the community: and WHEREAS. all of these investments and the growth in earnings translate directly to economic vibrancv for the Morro Bav community in wages for skippers; dock workers. crew, bait service providers. and local processors; as well as increased earnings for ice providers; mechanics. grocers and local businesses; and WHEREAS, on August 27, 1984, the City Council passed and adopted Resolution 107-84 therebv resolving that restrictions and regulations that hamper the efforts of local commercial fishing are strongly opposed; and WHERAS, on June 24, 1996: the City Council passed and adopted Resolution 48-96 thereby resolving and reaffirming Resolution 107-84 and its support of the local commercial fishing industry. El ® NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Citv of ffi Morro Bay, California; again rearms its support of the local commercial fishing industrv: reaffirms that the commercial fishing industry is to receive the City's highest priority as outlined in the City's General Plan and Local Coastal Plan: and directs City staff to continue their efforts on behalf of the commercial fishing industry in opposing regulations and restrictions that adverselv affect the commercial fishing industrv. PASSED AND ADOPTED by the Citv Council of the Citv of Morro Bav at a regular meeting thereof held on the lith day of November. 2012 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None WILLIAM YATE ATTEST: 0 J BOUCHER, City Clerk ® RESOLUTION NO. 55-12 A RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE INTERIM YEAR RATE .ADJUSTMENT APPLICATION AND ADJUSTING SOLID WASTE COLLECTION RATES THE CITY COUNCIL Cite of Morro Bay, California WHEREAS, the City Council adopted Resolution 48-01 approving the Garbage, Recycling and Greenwaste Franchise Agreement with Morro Bay Garbage Service (MBGS) for collection services effective January 1. 2002 and setting the initial rates for collection for residential and commercial customers: and WHEREAS, pursuant to Article 8.4. the Citv will use the guidelines and approach outlined in the Citv of San Luis Obispo's "Rate Setting Process and Methodology Manual for Integrated Solid Waste .bfanagement Rates'; and WHEREAS, also pursuant to Article 8.4. adjustments for cost of living increases are to be received in the two years between base years; and WHEREAS, the last base year collection rates were approved by the City Council on August 23.2011: and ® WHEREAS, on October 8. 2012. MBGS Controller Tom Martin submitted an interim rate adjustment application in conformance with the franchise agreement and rate setting manual requesting a 3.82% increase to solid waste collection rates which includes the cost of living increase and the additional 2% that was delayed from the 2011 base year increase. NOW THEREFORE BE IT RESOLVED, by the Citv Council of the Citv of Morro Bav the approval of Morro Bay Garbage Service's Interim Year Rate Adjustment Application to increase the solid waste collection rates by 3.82% as outlined in Exhibit A. BE IT FURTHER RESOLVED, by the City Council of the City of Morro Bay the increased solid waste collection rates will become effective January 1, 2013. PASSED AND ADOPTED by the Citv Council of the Citv of Morro Bay at a regular meeting thereof held on the 13�' day of November 2012 by the following vote: AYES: Borchard, Johnson, Leage, Smulder, NOES: None ABSENT: None ABSTAIN: None ATTEST: n JAINVBOIJCHER. City Clerk Yates � ko"�u WILMA-m YATES, Ma � C� Exhibit A -- .,- SERVICE DESCRIPTION. - - - -.PICK UPS - PER WEEK CURRENT...- -:--RATE _.. '-EFFECTIVE'- :-APPROVED- RATE s- _ ADJUSTMENT "NEWMONTH_LY, ...RATE` '.EFFECTIVE' -- SINGLE FAMILY AND MULTI -UNIT RES IDENTIAL. (4 UNITS,OR LESS):' -- Price per month for specified waste -wheeler container collected once each week. Greenwaste and recycling sermce is included at no additional charge. MINI -CAN SERVICE One 19 gallon waste wheeler container 1 $8.96 3.82% $9.30 ECONOMY RATE One 32 gallon waste wheeler container 1 514.33 3.82% $14.88 STANDARD RATE - One 64 gallon waste wheeler container 1 $28.66 -3.82% $29.76 PREMIUM RATE - One 96 gallon waste wheeler container 1 $42.99 3.82% 544.64 PREMIUM PLUS RATE One 96 gallon waste wheeler at the premium rate plus an additional charge of. One 32 gallon waste wheeler container 1 $11.34 3.82% $11.77 One 64 gallon waste wheeler container 1 $22.68 3.82% 523.55 One 96 gallon waste wheeler container 1 $34.03 3.82% $35.33 SERVICE AWAY FROM THE STREET CURB Additional per month per can or container charge $7.81 3.82% 58.11 EXTRA ,COLLECTIONS ,WITH '.PICKUP OR. FLATBED TRUCK (Phone calhrequired)_ Per garbage can or equivalent volume. (Over 6 cans by quotation) - $7.15 3.82% $7.42 Overfilled waste wheeler $7.15 3.82% $T42 Extra recycling $3.58 3.82% $3.72 Extra greenwaste 53.58 3.82% 53.72 Switch waste wheeler more than once per 12 months $26.05 3.82% 527.05 Per white good article/ appliance. (Once a month only) 545.59 3.82% $47.33 Per mattress or boxspdng. $13.03 3.82% $13.53 Change waste wheeler size (once per year free) $26.04 3.82% $27.03 Re-deli%er container fee -if pulled for collections $26.04 3.82% $27.03 Tres (limit 2 per month) $2.61 3.82% 52.71 Tres with rims(limit 2 per month) $3.66 3.82% $3.80 Replace bumed/destroyed waste wheeler $56.68 3.82% $58.85 Replace bumed/destroyed lids $56.68 3.82% 558.85 Replace bumed/destroyed container 5385.28 3.82% $400.00 Polystyrene (Styrofoam, Plastic #6) is no longer collected for recycling and should be thrown away as trash. Greenwaste is recycled in a special green waste wheeler and is picked up once a week at no additional charge. Recycling and greenwaste containers should be placed near/next to your garbage bin for collection. Ll C E Exhibit A COMMERCIAL WASTE WHEELERS SERVICE PER MONTH One 32 Gallon Waste Wheeler 1 $29.59 3.82%1 530.72 One 32 Gallon Waste Wheeler 2 557.77 3.82% 559.98 One 32 Gallon Waste Wheeler 3 $75.56 3.82% $78.45 One 32 Gallon Waste Wheeler 4 593.36 3.82% 596.93 One 32 Gallon Waste Wheeler 5 $121.54 3.82% $126.18 One 32 Gallon Waste Wheeler 6 5149.72 3.82% 5155.44 One 32 Gallon Waste Wheeler 7 $178.45 3.82% $185.27 One 64 Gallon Waste Wheeler I 1 542.95 3.82% 544.59 One 64 Gallon Waste Wheeler 2 $75.56 3.82% 578A5 One 64 Gallon Waste Wheeler 3 1 $109.58 3.82% 5713.87 One 64 Gallon Waste Wheeler1 4 $148.22 3.82% 5153.88 One 64 Gallon Waste Wheeler 1 5 $185.30 3.821/ 1 5192.38 One 64 Gallon Waste Wheeler I 6 5216.44 1 3.82%1 5224.71 One 64 Gallon Waste Wheeler 1 7 $254.91 1 3.82%I 5264.65 I I One 96 Gallon Waste Wheeler 1 $57.77 3.82%1 $59.98 One 96 Gallon Waste Wheeler 2 S100.75 3.82%1 5104.60 One 96 Gallon Waste Wheeler I 3 5148.22 3.82% S153.88 One 96 Gallon Waste Wheeler I 4 5197.16 3.82% I 5204.69 One 96 Gallon Waste Wheeler 5 5240.17 3.82% I $249.34 One 96 Gallon Waste Wheeler 6 5293.53 3.82% 5304.74 One 96 Gallon Waste Wheeler 7 5354. 18 3.82% $367.71 COMMERCIAL DUMPSTER CONTAINER SERVICE - Incubic arils: 1 Yd Dumpster 1 572.88 3.82% $75.66 1 Yd Dumpster 2 5112.92 3.82%1 5117.23 1 Yd Dumpster 1 3 $145.53 1 3.82%1 $151.09 1 Yd Dumpster 4 S182.601 3.82% I $189.58 1 Yd Dumpster 5 5210.79 I 3.82%1 5218.84 1 Yd Dumpster 1 6 5262.67 3.82% 5272.70 1 Yd Dumpster 1 7 5396.85 3.82%1 5412.01 I I I 1.5 Yd Dumpster 1 1 $89.181 3.82%1 592.59 1.5 Yd Dumpster 1 2 $147.03 1 3.82°/ 1 5152.65 1.5 Yd Dumpster 3 5197.46 3.82% $205.00 L5 Yd Dumpster a 5250.64 3.82%1 5260.42 1.5 Yd Dumpster I 5 5301.26 I 3.82% $312.77 L5 Yd Dumpster 6 $359.09 3.82% 5372.81 1.5 Yd Dumpster 7 $526.79 3.82% - $546.91 2 Yd Dumpster 1 $106.99 3.32% 5111.08 2 Yd Dumpster 2 $187.05 3.82% 5194.20 2 Yd Dumpster 3 $250.84 3.82% 5260.42 2 Yd Dumpster 4 5319.04 3.82% $331.23 2 Yd Dumpster I 5 $390.23 3.32% $405.14 2 Yd Dumpster 6 S461.401 3,82% 5479.03 2 Yd Dumpster ( 7 5662.63 3.82% $687.94 I 3 Yd Dumpster 1 $13,8.151 3.82% 5143.43 3 Yd Dumpster 2 5250.84 3.82% $260.42 3 Yd Dumpster I 3 5353.16 3.82% I 5366.65 3 Yd Dumpster a 5448.05 1 3.82% I 5465.17 3 Yd Dumpster 5 5580.04 3.82% $602.20 3 Yd Dumpster 6 $669.00 3.82%I 5694.56 3 Yd Dumpster - 7 $903.80 3.82% 5938.33 I 4 Yd Dumpster 1 5182.60 3.82% 5189.58 4 Yd Dumpster 2 $339.80 3.82% $352.78 4 Yd Dumpster 3 $471.77 3.82%I 5489.79 4 Yd Dumpster 4 $630.47 3.82% $654.55 4 Yd Dumpster 5 $789.12 3.82% 5819.26 4 Yd Dumpster 6 $892.92 3.82% 5927.03 4 Yd Dumpster 7 SI.16t251 3.82% 57,205.61 6 Yd Dumpster 1 $273.54 3.82 % 5283.99 6 Yd Dumpster 2 5496.66 3.82% 5515.63 6 Yd Dumpster 3 $699.26 3.82% 5725.97 6 Yd Dumpster 4 5887.14 3.82% 5921.03 6 Yd Dumpster 5 $1,148.48 3.82% $1.192.35 6 Yd Dumpster 6 51,324.62 3.52%11 $1.375.22 6 Yd Dumpster 1 7 51,789.52 3.82%1 57,857.88 Exhibit A COMMERCIAL DUMPSTER CONTAINER SERVICE - In cubicyards- 8 Yd Dumpster 1 5361.55 3.82% 5375.36 8 Yd Dumpster 2 $672.80 3.82% $698.50 8 Yd Dumpster 3 $934.10 3.82% 5969.78 8 Yd Dumpster 4 S1,248.33 3.82% $1,296.02 8 Yd Dumpster 5 51,562.46 3.82% $1,622.15 8 Yd Dumpster 6 $1,767.98 3.82% 51.835.52 8 Yd Dumpster 7 $2,299.28 3.82% 52,387.11 Sunday SeNce 1 $55161 3.82% 557.27 The rates shown abo%e include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. (Bins and garwoods are types of containers) UNSCHEDULED EXTRA COLLECTIONS 1 I I FOR COMMERCIAL CUSTOMERS & MULTI -UNIT 1 I 1 1 Per bag I $9.75 3.82% 510.12 1 CUBIC YARD. I $18.78 3.82% 519.50 1.5 CUBIC YARDS 1 528.19 3.82% 529.27 2 CUBIC YARDS ( 537.58 3.82% 539.02 3 CUBIC YARDS I 556.35 3.82% 558.50 4 CUBIC YARDS 1 575.13 3.82% $78.00 I i I I RECYCLING SERVICES - CARDBOARD & COMMINGLED RECYCLING COLLECTIONOF. COMMERCIAL. DUMPSTER CONTAINERS - All commercial customers pay $3.00 per month for commercial recycling seruces. This charge includes all recycling services except collection of cardboard in excess of 2 yards once a week. This base charge has already been added to the rates abo,.e, for 1 Yd Dumpster 1 INCLUDED INCLUDED' 1 Yd Dumpster 2 $29.54 3.82% 530.67 1 Yd Dumpster 3 $38.07 3.82% 539.52 1 Yd Dumpster 4 $47.76 3.82% 549.58 1 Yd Dumpster 5 555.13 3.82% 557.24 1 Yd Dumpster 6 568.70 3.82% $71.32 1 Yd Dumpster 7 $103.80 3.82% $107.77 1.5 Yd Dumpster 1 INCLUDED' INCLUDED' 1.5 Yd Dumpster 2 $38.46 3.82% 539.93 1.5 Yd Dumpster 3 $51.65 3.82% 553.62 1.5 Yd Dumpster 4 $65.61 3.82% 568.12 1.5 Yd Dumpster 5 $78.79 3.82% 581.80 1.5 Yd Dumpster 6 593.92 3.82% $97.51 1.5 Yd Dumpster 7 $137.78 3.82% 5143.04 2 Yd Dumpster 1 INCLUDED' INCLUDED' 2 Yd Dumpster 2 548.92 3.82% 550.79 2 Yd Dumpster 3 565.61 3.82% 568.12 2 Yd Dumpster 4 583.45 3.82% 586.64 2 Yd Dumpster 5 $102.07 3.82% S105.97 2 Yd Dumpster 6 5120.68 3.82% $12529 2 Yd Dumpster 7 5173.31 3.82% S179-93 l 11 Exhibit A RECYCLING SERVICES CARDBOARD & COMMINGLED RECYCLING.COLLECTION OF COMMERCIAL DUMPSTER CONTAINERS 3 Yd Dumpster 1 INCLUDED' INCLUDED' 3 Yd Dumpster 2 $65.61 3.82% 568.12 3 Yd Dumpster 3 592.37 3.82% $95.90 3 Yd Dumpster 4 $117.19 3.82% S121.67 3 Yd Dumpster 5 5151.71 3.82% $157.51 3 Yd Dumpster 6 5174.97 3.82% 5181.65 3 Yd Dumpster 7 $236.39 3.82% $245.42 4 Yd Dumpster 1 INCLUDED INCLUDED' 4 Yd Dumpster 2 588.87 3.82% $92.26 4 Yd Dumpster 3 $123.40 3.82% $128.11 4 Yd Dumpster 4 $164.90 3.82% $171.20 4 Yd Dumpster 5 $206.40 3.82% $214.28 4 Yd Dumpster 6 $233.54 3.82% $242.46 4 Yd Dumpster 7 $303.72 3.82% -5315.32 6 Yd Dumpster 1 INCLUDED' INCLUDED' 6 Yd Dumpster 2 $124.17 3.82% 5128.91 6 Yd Dumpster 3 $174.82 3.82% $181.49 6 Yd Dumpster 4 $221.79- 3.82% $230.26 6 Yd Dumpster 5 $287.12 3.82% 5298.09 6 Yd Dumpster 6 $331.16 3.82% 5343.81 6 Yd Dumpster 7 5447.38 3.82% 5464.47 8 Yd Dumpster 1 INCLUDED' INCLUDED' 8 Yd Dumpster 2 $168.20 3.82% $174.63 8 Yd Dumpster 3 $233.53 3.82% $242.45 8 Yd Dempster 4 $312.08 3.82% 5324.00 8 Yd Dempster 5 $390.62 3.82% 5405.54 8 Yd Dumpster 6 5442.00 3.82% 5458.88 8 Yd Dumpster 7 5574.82 3.82%1 5596.78 I I I i I I MISC CHARGES Trip charge each $6.50 3.82% 56.75 Install locking device on bin each 557.79 3.82% 560.00 Bin cleaning fee (commercial get 2 per year free) each $45.96 3.82% $47.72 The rates shown above include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. (Bins and garwoods are types of containers used for recycling) All commercial customers are eligible for standard waste wheeler recycling and greenwaste services at no additional charge. Commercial customers can choose from a 32, 64, or 96 gallon blue waste wheeler for commingled recycling. White office paper can be commingled with the other recyclables in the blue waste wheeler. Polystyrene (Styrofoam, Plastic #6) is no longer collected for recycling and should be thrown away as trash. Greenwaste is recycled in a special green waste wheeler and is picked up once a week at no additional charge. ® RESOLUTION NO. 54-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDiNIENT #d TO THE LEASE AGREEMENT FOR LEASE SITE 105.1 W/105.2 LOCATED AT 1001 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS. the City of Morro Bay is the Lessor of certain property on the Morro Bay waterfront described as Lease Site 105.1 W/105.2: and WHEREAS. Michael and Orietta DeGarimore are the Lessees of said property; and WHEREAS, on April 12, 2012 the Tenant obtained Coastal Development Permit (CDP) 3-11-031-A1 from the Coastal Commission to expand an existing boat dock: improve and expand an existing outdoor public seating patio with a retractable awning; reconfigure an existing parking lot; and relocate an existing sports fishing business to the project site; and WHEREAS, Coastal Development Permit (CDP) 3-11-031-A1 requires that the conditions of the CDP be recorded against both the underlying lease sites and properties, and requires that the lease be modified in order to incorporate the permit conditions into the City lease agreement; and WHEREAS, the City and the Lessors have reached an agreement in order to comply with Coastal Development Permit (CDP) 3-11-031-A1. NOW, THEREFORE, BE IT RESOLVED by the Citv Council of the City of Morro Bay, California, that Amendment '�& for Lease Site 105.IW/105.2 is hereby approved and that the Ivlavor is hereby authorized to execute the attached lease amendment. PASSED AND ADOPTED by the Citv Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of October. 2012, by the following vote: AYES: NOES: ABSENT: Borchard. Johnson_. Lease_. Smukler. Yates None None ATTEST: 10 JAIVE BOUCHER, City Clerk ® AMENDMENT #4 TO LEASE AGREEMENT FOR LEASE SITE 105A W/105.2 This Amendment is made and entered into as of this 23rd day of October, 2012 by and between the City of Morro Bay, a municipal corporation of the State of California, (hereinafter "CITY") and Michael DeGarimore and Orietta DeGarimore (hereinafter "TENANT") to amend that certain ground lease for Lease Site 105.1 W/105.2 dated May 21, 1962 (hereinafter "Lease"). WHEREAS, on October 17, 2012 the TENANT obtained an Amended Coastal Development Permit (CDP) 3-11-031-A1 from the Coastal Commission to expand an existing boat dock: improve and expand an existing outdoor public seating patio with a retractable awning; reconfigure an existing parking lot; and relocate an existing sports fishing business to the project site; and WHEREAS, Amended CDP 3-11-031-A1 requires that the conditions of Amended CDP 3-11-031-A1 be included as conditions of the Lease and prohibit the deletion or amendment of the portion of the Lease consisting of the conditions of the CDP without the approval of the Executive Director of the Coastal Commission. Additionally, Amended CDP 3-11-031-Al requires the CITY to agree to include the conditions of Amended CDP 3-11-031-A1 in any future lease on the Lease Parcel. NOW THEREFORE, CITY and TENANT mutually agree to amend said Lease as follows: Lease Restriction. In consideration of the issuance of the Amended Coastal Development Permit (CDP) 3-11-031-A1, TENANT and CITY agree that all of the terms and conditions of Amended CDP 3-11-031-AI (Attached as Exhibit A) are conditions of the Lease. TENANT and CITY agree not to modify or amend any portion of the Lease consisting of the conditions of the Amended CDP or that would contradict the terms and conditions of Amended CDP 3-11-031-Al without the prior written approval of the Executive Director of the Coastal Commission. TENANT and CITY also agree to include the conditions of Amended CDP 3-11- 031-A1 in any future lease on the Lease Parcel. All other terms and conditions of the Lease and Amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY rr'' I A11U Willidm Yates, Mayor ( \ APPROVED AS TO FORM: Robert Schultz, it' A mey ATTEST: Jargi'e Boucher, City Clerk TENANT Michael DeGarimore Orietta DeGarin1bre " STATE OF e? ,rl ® ) ss. COUNTYOF �%Ncjj,3 On Oc7654-,�`2O12, before me, Gc.r Notary Public, personally appeared ( y\I e,6L" ('e, G-i11m I r VA 0 E e? who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j5/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in hjs/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 that the foregoing paragraph is true and correct. �J WITNESS my hand and official seal. OFFICIAL SEAL Signature GARY LANE JONES 1) NOTARY PUBUGOREGON COMMISSION NO. 471565 MY COMMISSION EXPIRES SEPTEMUR 10, 2016 STATE OF nrq, ® J ) ss. 1 COUNTY OF —1 M,/jN On A cLi . 2012, before me, _ L r N � �O /v GS , Notary Public, personally appeared (O r 12 r `d 2 C'a i N- cr 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/sue/they executed the same in his/her/their authorized capac�(ies), and that by his/h!er/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 8f Gf that the foregoing paragraph is true and correct. WITNESS my hand and official seal. oFFlcuu_ sEa_ GARY LANE JONES Signature p �� NOTARY PUFNJC-0REGON COMMISSION NO. 471565 MY COMMISSION FXPIflES SEPTEMBEfl 10, 2016 n LJ El RESOLUTION NO.53-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT #4 TO THE LEASE AGREEMENT FOR LEASE SITE 102/102W LOCATED AT 1001 EMBARCADERO THE CITY COUNCIL Cite of Morro Bay, California WHEREAS, the Citv of Morro Bay.is the Lessor of certain property on the Morro Bay waterfront described as Lease Site 102/102W: and WHEREAS, Michael and Orietta DeGarimore are the Lessees of said property; and WHEREAS, on April 112012 the Tenant obtained Coastal Development Permit (CDP) 3-11-031 :A1 from the Coastal Commission to expand an existing boat dock: improve and expand an existing outdoor public seating patio %Kith a retractable awning; reconfigure an existing parking lot; and relocate an existing sports fishing business to the project site: and WHEREAS, Coastal Development Permit (CDP) 3-11-031-A1 requires that the conditions of the CDP be recorded against both the underlying lease sites and properties, and requires that the lease be modified in order to incorporate the permit conditions into the City lease agreement: and WHEREAS, the City and the Lessors have reached an agreement in order to comply uith Coastal Development Permit (CDP) 3-11-031-A1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Amendment 44 for Lease Site 102/102W is hereby approved and that the Mayor is hereby. authorized to execute the attached lease amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay_ at a regular meeting thereof held on the 23rd day of October, 2012, by the following vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None JAMfE BOUCHER, City Clerk ® AMENDMENT #4 TO LEASE AGREEMENT FOR LEASE SITE 102/102W This Amendment is made and entered into as of this 23rd day of October, 2012 by and between the City of Morro Bay, a municipal corporation of the State of California, (hereinafter "CITY") and Michael DeGarimore and .Orietta DeGarimore (hereinafter "TENANT") to amend that certain ground lease for Lease Site 102/102W dated May 21, 1962 (hereinafter "Lease"). WHEREAS, on October 17, 2012 the TENANT obtained an Amended Coastal Development Permit (CDP) 3-11-031-A1 from the Coastal Commission to expand an existing boat dock: improve and expand an existing outdoor public seating patio with a retractable awning; reconfigure an existing parking lot; and relocate an existing sports fishing business to the project site; and WHEREAS, Amended CDP 3-11-031-A1 requires that the conditions of Amended CDP 3-11-031-A1 be included as conditions of the Lease and prohibit the deletion or amendment of the portion of the Lease consisting of the conditions of the CDP without the approval of the Executive Director of the Coastal Commission. Additionally, Amended CDP 3-11-031-A1 requires the CITY to agree to include the conditions of Amended CDP 3-11-031-A1 in any future lease on the Lease Parcel. NOW THEREFORE, CITY and TENANT mutually agree to amend said Lease as follows: ® Lease Restriction. In consideration of the issuance of the Amended Coastal Development Permit (CDP) 3-11-031-A1, TENANT and CITY agree that all of the terms and conditions of Amended CDP 3-11-031-AI (Attached as Exhibit A) are conditions of the Lease. TENANT and CITY agree not to modify or amend any portion of the Lease consisting of the conditions of the Amended CDP or that would contradict the terms and conditions of Amended CDP 3-11-031-Al without the prior written approval of the Executive Director of the Coastal Commission. TENANT and CITY also agree to include the conditions of Amended CDP 3-11- 031-AI in any future lease on the Lease Parcel. All other terms and conditions of the Lease and Amendments thereto shall remain in full force and effect. IN WITiNTSS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY �A� William Yates, Mayor/ APPROVED �AS TO FORM: ?c 5' J Robert Schultz, Cit 'y AZtome), ATTEST: Jamie Boucher, City Clerk ENANT -o Michael DeGarimore 7/1 i C; i Gv�i' i�'✓ �'-� Orietta DeGarimore STATE OF ®o rJ ) COUNTY OF I1'v c—ni &3 ss. On ;� C. Gtl- 2012, before1 me, ` rt / rtity Q UOi�;� Notary Public, personally appeared fY1 i 01ALk p2 C 1 mpc-2_ who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that_"e/she/they executed the same in his/her/their authorized ca2acity(ies), and that by his/her/their sign�re(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 ' )n} that the foregoing paragraph is true and correct. WITNESS my hand and official seal. oPFicIALSEAI GARYLANEJONES NOTARY PUE3IJGOREGON COMMISSION N0. 471565 MY COMMISSION EXPIflES SEPiFMBFN 10, 2016 Signature (Seal) STATE OF 0k G 0A,) ® II ' ) ss. COUNTY OF h IN C_Q rJ On CWL fj4t`2012, before me, clp(a'e— -{ l_..q,NR� VO1JQs, Notary Public, personally appeared d r'i 2 t 5 g. a '�-'O t --E� , who proved to me on the basis of satisfactory evidence to be the person(s) whose r e(s) . /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ca2acity(ies), and that by his/her/their sienature(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 �l that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature E OFFICIAL SE� NOTTAY ARYUBu�JONES OREGON COMMISSION NO 471565 MISSIONFYP=m �.y__ STATE OF EAONN Dt. GOVERNOR CALIFORNIA COASTAL COMMISSION CENTRAL COAST DISTRICT OFFICE 725 FRONT STREET, SUITE 300 NTA CRUZ, CA 95D60 )NE: (831) 427-4863 (831) 427 4877 / WEB: WWW.COASTALCA.GOV NOTICE OF INTENT TO ISSUE AMENDED COASTAL DEVELOPMENT PERMIT . CDP 3-11-031-A1 (Giovanni's) NOI Issue Date: October 17; 2012 Page 1 of 10 Please note: this is NOT a coastal development permit A coastal development permit (CDP) for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. The sole purpose of this notice of intent (N01) is to inform the permittee(s) of the steps necessary to obtain a valid and effective CDP. In order for the CDP to be effective, Commission staff must issue the CDP, and the permittee(s) must sign and return a copy of the CDP to the Commission. Commission staff cannot issue the CDP until each of the '`prior to issuance" (PTI) conditions have been fulfilled (all of the conditions, including the PTI conditions, for this CDP are identified later in this notice). ® unless otherwise specified, the Commission's approval of this CDP is valid for two years from the date of approval. To prevent expiration of the CDP, the permittee(s) must fulfill the PTI conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below (unless otherwise specified). The permittee(s) may also apply for an extension of the CDP pursuant to California Code of Regulations, Title 14, Section 13169. CDP 3-11-031-A1 CDP 3-11-031 was approved by the California Coastal Commission on April 12, 2012 and amended on October 10, 2012 to modify the lease and deed restriction requirements in order to incorporate the permit conditions into the City's lease agreement. CDP 3-11-031 provides for the expansion of an existing boat dock, adding an additional 74' x 8' headfloat and four 50' foot -long finger docks, supported by 12 new steel pilings; improvement of an existing outdoor public seating patio with a retractable awning and after -the -fact approval for an unpermitted expansion of the seating area; reconfiguration of an existing parking lot and after -the -fact approval for unpermitted paving of the parking lot; and relocation of an existing sportfishing business to the project site; on a property located along the Morro Bay Embarcadero (lease sites 102 and 102W) at 1001 Front Street adjacent to and over Morro Bay in the City of Morro Bay, San Luis Obispo County (all as more specifically described in the Commission's CDP file). CDP 3-11-031 is subject to certain terms and conditions, including the standard and special conditions beginning on page 2 of this NOI. If you have any questions regarding this notice, including regarding how to fulfill the PTI conditions, ® please contact Stephanie Rexing in the Central Coast District Office at the address and phone number above. NOTICE OF INTENT TO ISSUE AMENDED CDP CDP 3-11-031-A1 (Giovanni's) ® NOI Issue Date: October 17, 2012 Page 2 of 10 NOlissued By my signature below, this notice of intent to issue a CDP is issued on behalf of the California Coastal Commission on October 17, 2012. Central Coastal District Manage for Charles Lester, Executive Director Acknowledgement The undersigned permittee(s) acknowledge receipt of this notice and fully understand its contents, including all conditions imposed. Please sign and return a copy of this notice to the Central Coast District Office at 725 Front Street Suite 300, Santa Cruz, CA 95060. i 01 Z t, Giovanni is Standard Conditions ` 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition, will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. Special Conditions 1. Revised Final Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the California Coastal Commission NOTICE OF INTENT TO ISSUE AMENDED CDP CDP 3-11-031-A1 (Giovanni's) ® NOI Issue Date: October 17, 2012 Page 3 of 10 Permittee shall submit two full size sets of Revised Final Plans to the Executive Director for review and approval. The Revised Final Plans shall be in substantial conformance with the plans submitted to the Coastal Commission (dated received in the Commission's Central Coast District Office on April 25, 2011, and titled New Dock Plans prepared by C.P. Parker Architect) except that they shall be revised and supplemented to comply with the following requirements: a. Lateral Access and View Deck. Public lateral access shall be provided and maintained through the site. All structures, such as benches and planters, shall be removed from the lateral access area that surrounds the existing windscreen on the southern portion of the site. The wharf area north of the windscreen, up to the commercial fishing area on the northern portion of the site, shall be maintained as a public view deck (which shall be explicitly identified as such on the plans). In addition, a lateral access way through the commercial fishing area on the northern half of the site shall be established and maintained. This lateral access on the northern half of the site shall be a minimum of five feet wide and shall be located as close to the bayfront as possible, while maintaining continuity and flow. Finally, an alternative public access way that avoids the commercial fishing area and is a minimum of five feet wide shall be identified on the plan, for use when the lateral access through the commercial fishing area is not available. These areas shall be managed and maintained consistent with the Public Access Management Plan required in Special Condition 2, below. ® b. Wharf. Benches, planters and other public access amenities, such as table seating, may be installed in the public view deck, consistent with the Public Access Management Plan required in Special Condition 2, below. c. Lighting. The location, type, and wattage of all light fixtures (including catalog sheets for each fixture) shall be illustrated. All exterior lighting shall be designed and located so that only the intended area is illuminated and off -site glare is prevented. All lighting shall be cutoff style fixtures that are directed downward to prevent glare on adjacent and surrounding areas (i.e., Morro Bay), and shall be limited to the maximum extent feasible while still providing for public safety. Lights shall have solid sides and reflectors to further reduce lighting impacts, and shall be placed on a switch or timer to turn them off when not needed during the late evening. Boat dock lighting shall be redesigned to reduce brightness and prevent off -site glare as required by this condition. d. Public Access Signs. The plans shall identify in site plan view the public access signs and public access amenities (e.g., benches, landscaping, etc.) to be installed. e. Restaurant Patio. All existing and newly installed windows shall be frosted, partially -frosted or otherwise treated with visually permeable barriers that are designed to prevent bird strikes. The patio area shall include openings at both the north and south ends of sufficient width to ensure general public accessibility. In addition, the existing restroom, located adjacent to the patio, with an entrance from the exterior of the building, shall be established and maintained for general ® public use. f. Post Construction Drainage. Final Plans shall provide for a post -construction drainage system COCoalMN California Coastal Commission NOTICE OF INTENT TO ISSUE AMENDED CDP CDP 3-11-031-A1 (Giovanni's) ® NOI.lssue Date: October 17, 2012 Page 4 of 10 designed to filter and treat (i.e., designed to remove typical urban runoff pollutants) the volume of runoff produced from each and every storm and/or precipitation event up to and including the 85th percentile 24-hour runoff event for volume -based BMPs and/or the 85th percentile, 1-hour runoff event (with an appropriate safety factor) for flow -based BMPs, prior to discharge. All drainage system components shall be consistent with the following: i. The drainage system and its individual components (such as drop inlets and filtration mechanisms) shall be. sized according to the specifications identified in the California Storm Water Best Management Practice Municipal Handbook (California Storm Water Management Task Force, March 1993). ii. All development shall incorporate Low Impact Development (LID) BMP strategies and techniques (e.g., limiting impervious surfacing, reducing the hydraulic connectivity of impervious surfaces, etc.) as much as possible. iii. The drainage system shall include at least one engineered filtration unit to which all drainage shall be directed prior to any discharge. The engineered filtration unit(s) shall be specifically designed to remove, at a minimum, potential vehicular contaminants, and shall include media designed to remove such contaminants. ® iv. All drainage system elements shall be permanently operated and maintained. At a minimum: (1) All filtration/treatment components shall be inspected to determine if they need to be cleaned out or repaired at the following minimum frequencies: prior to October 15th each year; prior to April 15th each year; and during each month that it rains between November 1st and April 1st. Clean -out and repairs (if necessary) shall be done as part of these inspections. At a minimum, all filtration/treatment components must be cleaned prior to the onset of the storm season, no later than October 15th of each year; and (2) Debris and other water pollutants removed from filter device(s) during clean -out shall be contained and disposed of in a proper manner. The Permittee shall undertake development in accordance with the approved Revised Final Plans. 2. Public Access Management Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the Permittee shall submit two copies of a public access management plan (Public Access Plan) to the Executive Director for review and approval. The Public Access Plan shall clearly describe the manner in which general public access associated with the approved project is to be provided and managed, with the objective of maximizing public access to the public access areas of the site (including all walkways, the public seating patio and the public view deck) and all related areas and public access amenities (i.e., bench seating, etc.) described in this special condition. The Public Access Plan shall be substantially in conformance with the plans submitted to the Coastal Commission (and referenced in Special Condition I above), and shall at a minimum include the following: ® a. Clear Depiction of Public Access Areas and Amenities. All public access areas and amenities, including all of the areas and amenities described above, shall be clearly identified as such on the California Coastal Commission NOTICE OF INTENT TO ISSUE AMENDED CDP CDP 3-11-031-A1 (Giovanni's) ® NOI Issue Date: October 17, 2012 Page 5 of 10 Public Access Plan (including with hatching and closed polygons so that it is clear what areas are available for public access use). b. Lateral Access. The lateral access around the patio shall remain free of benches, planters and other street furniture. In addition, lateral access shall be established north of the existing patio area, and shall extend through the project site. The lateral access through the commercial fishing area shall remain open for general public use as much as possible, but may be closed during active fish unloading activities that render public lateral access dangerous. Public access closures shall be limited only to periods when active fish unloading activities prohibit safe public access, should be accomplished using temporary ropes, cones or other appropriate barriers, and must include signs informing the public of the expected duration of the closure and directing the public to alternative public access through or around the site. All lateral public access ways shall remain free of unnecessary materials and structures, including portable storage structures and garbage bins that are not intended for use by the public, etc. c.. Floating Dock. All parameters for use for the floating dock shall be clearly identified. The floating dock shall be publicly available for general public pedestrian access and transient boat use (and not as a long-term residential or live -aboard docking area) for general public and/or commercial fishing use, and shall be clearly integrated into the overall development (including ® integrating docking use with overall commercial operations of the site). d. Amenities. Public access amenities (such as benches, table and chairs, bicycle racks, trash and recycling receptacles, etc.) shall be provided, including at a minimum, benches in the public view deck north of the seating patio. e. Public Access Signs/Materials. The Public Access Plan shall identify all signs and any other project elements that will be used to facilitate, manage, and provide public access to the approved project, including identification of all public education/interpretation features that will be provided on the site (educational displays, interpretive signage, etc.). Sign details showing the location, materials, design, and text of all public access signs shall be provided. The signs shall be designed so as to provide clear information without impacting public views and site character. At a minimum, public access directional signs shall be placed at both ends of the lateral access across the site, as well as at entrances to the patio, adjacent to the view deck area, and at either end of the commercial fishing wharf. The public view deck and public restrooms shall be conspicuously signed and available for public use, and tables on the public view deck and within the public seating patio shall include signs on them indicating that the public may use the tables for free without any purchase. Public access signage shall include the California Coastal Trail and California Coastal Commission emblems. f. No Public Access Disruption. Development and uses within the public, access areas that disrupt and/or degrade public access (including areas set aside for private uses, barriers to public access (furniture, planters, temporary structures; private use signs, fences, barriers; ropes, etc.), except ® those allowed on the commercial fishing section of the wharf pursuant to Special Condition 2b, COUN California Coastal Commission NOTICE OF INTENT TO ISSUE AMENDED CDP CDP 3-11-031-A1 (Giovanni's) ® NOI Issue Date: October 17, 2012 Page 6of10 shall be prohibited. The public use areas shall be maintained consistent with the approved Public Access Plan and in a manner that maximizes public use and enjoyment. g. Public Access Use Hours: All public access areas and amenities shall be available to the general public free of charge during at least daylight hours (i.e., one hour before sunrise to one hour after sunset), and during at least all non -daylight hours when the retail components of the approved project are open. h. Public Access Areas and Amenities Maintained. The public access components of the project shall be maintained in their approved state in perpetuity. The Pemuttee shall undertake development in accordance with the approved Public Access Plan, which shall govern all general public access to the site pursuant to this coastal development permit. 3. Construction Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the Permittee shall submit shall submit two copies of a Construction Plan to the Executive Director for review and approval. The Construction Plan shall, at a minimum, include the following: a. Construction Areas. The Construction Plan shall identify the specific location of all construction areas, all staging areas, and all construction access corridors in site plan view. All ® such areas within which construction activities and/or staging are to take place shall be minimized to the maximum extent feasible in order to have the least impact on public access and Morro Bay resources, including by using inland areas for staging and storing construction equipment and materials as feasible. b. Construction Methods. The Construction Plan shall specify the construction methods to be used, including all methods to be used to keep the construction areas separated from bay and public recreational use areas (including using unobtrusive fencing (or equivalent measures) to delineate construction areas). c. Construction BMPs. The Construction Plan shall also identify the type and location of all erosion control/water quality best management practices that will be implemented during construction to protect coastal water quality, including the following: (a) silt fences, straw wattles, or equivalent apparatus, shall be installed at the perimeter of the construction site to prevent construction -related runoff and/or sediment from discharging to the bay; (b) equipment washing, refueling, and/or servicing shall take place at least 50 feet from the bay. All construction equipment shall be inspected and maintained at an off -site location to prevent leaks and spills of hazardous materials at the project site; (c) the construction site shall maintain good construction housekeeping controls and procedures (e.g., clean up all leaks, drips, and other spills immediately; keep materials covered and out of the rain (including covering exposed piles of soil and wastes); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather; remove all construction debris from the site); and (d) all erosion and sediment controls shall be in place prior to the ® commencement of construction as well as at the end of each work day ",;VIN California Coastal Commission NOTICE OF INTENT TO ISSUE AMENDED CDP CDP 3-11-031-A1 (Giovanni's) ® NO] Issue Date: October 17, 2012 Page 7 of 10 d. Construction Site Documents. The Construction Plan shall provide that copies of the signed coastal development permit and the approved Construction Plan be maintained in a conspicuous location at the construction job site at all times, and that such copies are available for public review on request. All persons involved with the construction shall be briefed on the content and meaning of the coastal development permit and the approved Construction Plan, and the public review requirements applicable to them,.prior to commencement of construction. e. Construction Coordinator. The Construction Plan shall provide that a construction coordinator be designated to be contacted during construction should questions arise regarding the construction (in case of both regular inquiries and emergencies), and that their contact information (i.e., address, phone numbers, etc.) including, at a minimum, a telephone number that will be made available 24 hours a day for the duration of construction, is conspicuously posted at the job site where such contact information is readily visible from public viewing areas, along with indication that the construction coordinator should be contacted in the case of questions regarding the construction (in case of both regular inquiries and emergencies). The construction coordinator shall record the name, phone number, and nature of all complaints received regarding the construction, and shall investigate complaints and take remedial action, if necessary, within 24 hours of receipt of the complaint or inquiry. ® f. Pilings. The new pilings and piling sleeve shall be made from steel. Pilings shall be installed using a vibratory hammer. Construction barges shall be floating at all times and shall only operate at tides high enough so that the barge does not rest against the bottom of the bay. g. Notification. The Permittee shall notify planning staff of the Coastal Commission's Central Coast District Office at least 3 working days in advance of commencement of construction, and immediately upon completion of construction. The Permittee shall undertake construction in accordance with the approved Construction Plan 4. Biological Monitor. All work that disturbs the ocean floor (i.e., installation of pilings) shall be monitored by the project biologist to ensure that impacts to marine mammals are avoided. A U.S. Fish and Wildlife Service -approved biological monitor shall be present on site during construction and shall have the authority to stop construction if any individuals of southern sea otter are seen within 100 feet of the project area. Construction will be allowed to resume after sighted otters have left the 100-foot radius of the project area. The monitor will have discretionary authority to temporarily halt the project if it is determined that the otter could be affected by the project even if the otter is beyond the 100-foot boundary. All construction crew employees shall be informed on the requirements of this condition. 5. Eelgrass Monitoring Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the Permittee shall submit two copies of an celgrass monitoring plan (EMP) to the Executive Director for review and approval. The EMP shall, at a minimum, provide for the ® following: California Coastal Commission NOTICE OF INTENT TO ISSUE AMENDED CDP ,CDP 3-11-031-A1 (Giovanni's) ® NOI Issue Date: October 17, 2012 Page S of 10 a. Eelgrass Surveys. Pre- and post -construction surveys shall be performed to identify the location of any existing eelgrass and identify any impacts to existing eelgrass due to construction. b. Eelgrass Protection. All eelgrass beds identified in the project area shall be shown on a map in site plan view, and shall be protected as eelgrass habitat in perpetuity. c. Monitoring. A monitoring report shall be submitted to the Executive Director for review and approval within three months of completion of construction. The report shall at a minimum include a site plan and written description of the status of eelgrass beds in the project area. If the report identifies a reduction in eelgrass coverage as compared to the existing eelgrass coverage at the time of the pre -construction survey, then the report shall identify remedial measures to offset such reduction within the eelgrass beds in the project area at a 1.2.:1 basis. In such case, reporting shall continue on an annual basis for at least three years or until all such eelgrass beds are supporting eelgrass as documented in two consecutive annual reports, whichever is later. The Permittee shall undertake development in accordance with the approved Eelgrass Monitoring Plan. 6. Parking Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the Permittee shall submit to the Executive Director for review and approval, either: (1) evidence of ® payment of an in -lieu parking fee to the City of Morro Bay's parking in -lieu fee fund at the rate of $15,000 per parking space for the 16 required spaces; or (2) two copies of a Parking Plan that clearly documents the manner in which the 16 required parking spaces are to be provided for project users for as long as a sportfishing operation of at least the size of Virg's operates at this location. The plan shall clearly identify where and how site users will make use of such parking (including but to not limited to contractual agreements with private parking areas, valet service, shuttles, etc.). The Permittee shall undertake development in accordance with the approved parking plan. 7. Other Agency Approval. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the Permittee shall submit to the Executive Director written evidence that all necessary permits, permissions, approvals, and/or authorizations for the approved project have been granted by the City of Morro Bay, the California State Lands Commission, the U.S. Army Corps of Engineers, and the California Department of Fish and Game. Any changes to the approved project required by these agencies shall be reported to the Executive Director. No changes to the approved project shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is necessary. 8. Boat Slip Parameters. All boat slips and side -tie docks shall be used for commercial and recreational fishing vessels, commercial passenger vessels, and commercial service vessels only. The use of the docks and slips for long-term private residential, live -aboard, and/or recreational vessels is prohibited. 9. Assumption of Risk, Waiver of Liability and Indemnity Agreement. The Permittee ® acknowledges and agrees, on behalf of itself and all successors and assigns: (i) that the site is subject to coastal hazards including but not limited to episodic and long-term shoreline retreat and coastal G California Coastal Commission NOTICE OF INTENT TO ISSUE AMENDED CDP CDP 3-11-031-A1 (Giovanni's) NOI Issue Date: October 17, 2012 Page 9 of 10 erosion, high seas, ocean waves, storms, tsunami, tidal scour, coastal flooding, and the interaction of same; (ii) to assume the risks to the Permittee and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards; and (v) that any adverse effects to property caused by the permitted project shall be fully the responsibility of the property owner. 10. Deed Restriction. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the Permittee shall submit to the Executive Director for review and approval documentation demonstrating that the Permittee has executed and recorded against the parcels identified as APN 066-033-002 and APN 066-033-004 (`Upland Parcels") a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the Upland Parcels, subject to terms and conditions that restrict the use and enjoyment of the Upland Parcels; and (2) imposing the special conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the ® Upland Parcels. The deed restriction shall include legal descriptions of the Upland Parcels. The deed restriction shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the terms and conditions of this permit shall continue to restrict the use and enjoyment of the Upland Parcels so long as either this permit or the development it authorizes, or any part, modification, or amendment thereof remains in existence on or with respect to the Upland Parcels. 11. Lease Restriction. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the Permittee shall submit to the Executive Director for review and approval evidence demonstrating that its lease for the property on which the approved development will take place ("Leased Parcel") has been amended to: (1) include the conditions of this permit as conditions of the lease; and (2) prohibit deletion or amendment of the portion of the lease consisting of the conditions of this permit without the approval of the Executive Director. Further, the Permittee shall submit for Executive Director review and approval evidence that the City of Morro Bay has agreed to include the conditions of this permit in any future leases on the Leased Parcel. 12. Incorporation of City Conditions. All conditions of approval imposed on the project by the City of Morro Bay are incorporated as conditions of this approval. Any of the incorporated City conditions requiring materials to be submitted to the City and/or otherwise requiring City approval (such as Development Director approval), shall also require the same materials to be submitted to, and/or the same approvals granted by, the Executive Director under the same review and approval criteria as specified in the City conditions. For future condition compliance tracking purposes, such incorporated City conditions shall be considered subsections of this Special Condition 11. To the extent any such incorporated City conditions conflict with these conditions (i.e., standard conditions 1 through 5, and special conditions 1 through 10), such conflicts shall be resolved in favor of these California Coastal Commission E NOTICE OF INTENT TO ISSUE AMENDED CDP CDP 3-11-031-A1 (Giovanni's) NOI Issue Date: October 17, 2012 Page 10 of 10 conditions. 13. Condition Compliance. WITHIN 180 DAYS OF COMMISSION ACTION ON THIS CDP APPLICATION, or within such additional time as the Executive Director may grant for good cause, the Applicants shall satisfy all requirements specified in the conditions hereto that the Applicants are required to satisfy prior to issuance of the permit. Failure to comply with this requirement may result in the institution of enforcement action under the provisions of Chapter 9 of the Coastal Act. California Coastal Commission RESOLUTION NO. 52-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING A REDUCTION FOR THE PAYMENT ® OF DEVELOPMENT IMPACT FEES FOR RESIDENTIAL PROJECTS THE CITY OF MORRO BAY City of Morro Bay, California WHEREAS, the City Council adopted Development Impact Fees in 2007 with Resolution No. 47-07 establishing a three year moratorium the levying of commercial project impact fees: and WHEREAS. the City Council has adopted a Master Fee Schedule, which authorizes the establishment of fees by Resolution of the Council: and WHEREAS. the Master Fee Schedule includes Development Impact Fees for residential projects; and WHEREAS. the City of Morro Bay_ also has a variety of goals and policies to enhance the housing opportunities of the City; and WHEREAS. the City Council recognizes that payment of Residential Development Fees can be a disincentive to construction of residential projects; and WHEREAS. in furtherance of these goals. the City Council hereby desires to establish the ® following reductions to the payment of Development Impact Fees for single family residential projects up to three units: 1. Fee determination by square footage shall be for habitable space only. 2. General Government and Traffic fees shall be reduced 50% from the current amount. 3. Police. Fire. and Storm Drain fees shall remain the same. 4. Park fees shall be 50% of current amount. 5. Water and Wastewater fees shall be reduced 50% from the current amount. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that any residential project for either discretionary and/or building permit approval and any project that has not been issued a building permit as of October 23. 2012 shall be eligible until July 1. 2014, for the residential projects impact fee waiver. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of October 2012, by the following vote: AYES: NOES: ABSENT: Borchard, Johnson Leage, Smukler_. Yates None None ® ATT JAMI OUCHER, City Clerk WILLIAM YATES, ® RESOLUTION NO.51-12 RESOLUTION OF THE CITY COUNCIL OF CITY OF MORRO BAY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS; the "Safe, Accountable. Flexible, Efficient Transportation Equity Act: A Legacy for Users" provides funds to the State of California for Grants to Federal. State, local and non-profit organizations to acquire, develop and/or maintain motorized and non -motorized Trail Projects; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Applications; and WHEREAS, said procedures established by the State Department of Parks and ® Recreation require the Applicant, prior to submission, to certifv by Resolution the approval of Application(s) to the State; and WHEREAS; the Applicant will enter into a Contract with the State of California to complete the Project(s); NOW, THEREFORE, BE IT RESOLVED that the Citv of Morro Bav hereby: Approves the filing of an Application for the Recreational Trails Program; and 2. Certifies that the Project is consistent with the Applicant's General Plan or the equivalent planning document; and 3. Certifies that said Applicant has or will have available prior to commencement of any work on the Project(s) included in this Application, sufficient funds to operate and maintain the Project(s); and 4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide: and 5. Appoints the Director of Recreation and Parks as agent to conduct all negotiations, execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project; and Paee Two Resolution No. 5 1-12 6. Agrees to comply with all applicable Federal. State and local laws. ordinances, rules, regulations and guidelines. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 23`d day of October 2012 on the following vote: AYES: Borchard. Johnson. Lease. Smukler, Yates NOES: None ABSENT: None ATTESTED: JAMI BOUCHER, City Clerk LI RESOLUTION NO. 50-12 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY IDENTIFYING LOCATIONS PROHIBITING THE USE OF COASTERS, ROLLER SKATES, SKATEBOARDS, SCOOTERS, EPAMDS AND SIMILAR DEVICES ON CERTAIN CITY SIDEWALKS WHEREAS, the City of Morro Bay desires to keep its facilities in a well -maintained and safe condition for all to enjov: and WHEREAS, Chapter 10.76 of the City of Morro Bay Municipal Code provides that the use and operation of coasters, skateboards; roller skates. scooters. EPANIDs and other similar devices on certain city property identified in a Resolution adopted by the City- Council is prohibited: and WHEREAS, the City Council has determined that there is a need to prohibit skateboards and similar wheeled devices on certain sidewalks in the City Business Districts as set forth in this Resolution to protect the health, safety and welfare of pedestrians. NOW, THEREFORE, BE IT RESOLVED by the Citv Council of the Citv of Morro Bay that it does hereby find that Coasters. Roller Skates, Skateboards, Scooters. EPAMDs and Similar Devices are hereby prohibited on sidewalks in the following City Zoning Districts: ® 1) C-1, Central Business District 2) C-VS Visitor Serving Commercial 3) MCR, Mixed Commercial Residential The City Council determines and finds that this prohibition is necessary to protect pedestrians from hazards created by skateboards and similar devices on certain sidewalks within the City. PASSED AND ADOPTED by the City Council. City of Morro Bay at a regular meeting thereof held on the 23`d day of October. 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN Borchard, Johnson_. Leage_. Smukler, Yates None None None ATTEST: ® l�2t�i�dJ�— JA. IIE BOUCHER, City Clerk RESOLUTION NO. 49-12 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA OPPOSING THE CENTRAL COASTAL CALIFORNIA SEISMIC IMAGING PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Central Coastal California Seismic Imagine Project proposes to perform seismic testing from November 1. 2012 through December 31. 2012 in and around the waters of Morro Bay: and. WHEREAS. the City of Morro Bay sent a letter to the California State Lands Commission regarding the Draft Environmental Impact Report outlining numerous concerns; and. WHEREAS, those concerns included the extension of recreational rockfish season to December ' )I". the short-term; long-term and permanent effects on fish. fishing; and fish stocks: the short-term. long-term and. permanent effects on marine mammals; a portion of the seismic project boundary being located within a highly rich Marine Protected Area; and. the inability for vessels to leave and enter the Morro Bay Harbor: and. ® WHEREAS, the project has not taken into consideration the land side impacts related to fishing that include, but are not limited to, reduced fish landing and processing activity, fish availabilitv for restaurants. tourism and other environmental issues: and. WHEREAS. the project has not identified an adequate mitigation and claims process for those affected: and. WHEREAS, the project does not include an adequate monitoring plan for assessing fish stock recovery in either the short or long term periods. NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay opposes the Central Coastal California Seismic Imaging Project being proposed by Pacific Gas and Electric. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the I I'h of September 2012, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ® ATTEST: JAM OUCHER. City Clerk 0 RESOLUTION NO. 48-12 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO 2012/2013 S80,000 BOATING SAFETY & ENFORCEMENT GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS THE CITY COUNCIL Cit- of Nlorro 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 S80.000 under the BS&E program for the purchase of a new Harbor Patrol vessel 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 E12-204-750 with DBW for the purchase of a new Harbor Patrol vessel: and ® BE IT FURTHER RESOLVED, that Harbor Director 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 Citv of Morro Bav at a regular meeting thereof held on the 11 th day of September, 2012 on the following vote: AYES: Borchard, Johnson, Leage, Smukler_. NOES: None ABSENT: None ATTEST: Alv� JaiV Boucher, City Clerk Yates 0 RESOLUTION 47-12 AUTHORIZATION FOR THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES FOR THE PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT BOND PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is an eligible project sponsor and may receive state funding from the Public Transportation Modemization, Improvement, and Service Enhancement Account (PTiviISEA) now or sometime in the future for transit projects; and WHEREAS, the statutes related to state -funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS. Senate Bill 88 (2007) named the Department of Transportation (Department) as the administrative agency for the PTMISEA; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing PTMISEA funds to eligible project sponsors (local agencies); and ® WHEREAS. the Citv of Morro Bay wishes to delegate authorization to execute these documents and any amendments thereto to the Public Services Director. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations and guidelines for all PTMISEA funded transit projects. BE IT FURTHER RESOLVED, that the Public Services Director be authorized to execute all required documents of the PTMISEA program and any Amendments thereto with the California Department of Transportation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the I 1 h day of September, 2012 on the following vote: AYES: NOES: ABSENT Borchard, Johnson, Leage, Smukler, Yates None None ATTEST: JabZBoucher, City Clerk ® RESOLUTION NO.46-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AFFIRNIING THE INTENDED USE OF THE CITY'S ONE-HALF CENT DISTRICT TRANSACTION TAX, COiN'IMONLY KNOWN AS MEASURE Q THE CITY COUNCIL City of Morro Bay, California WHEREAS, as of 2006, the City of Morro Bay had lost more than S7 million dollars as a result of the State's efforts to balance its own budget: and WHEREAS; in order for the City to increase its revenues to compensate for the loss. the City hired the Lew Edwards Group to evaluate voter -approved revenue options: and WHEREAS, based on the Lew Edwards Group's recommendation. the City placed a ballot measure (Measure Q) on the November 2006 ballot, asking voters to approve a one-half cent district transaction tax: and WHEREAS. a volunteer community group formed a campaign committee to promote the approval of the Measure Q. stressing to the public that the money would be used to replace the ® earthquake -damaged Fire Station, provide equipment for public safety, maintain streets and repair storm drains: and WHEREAS, although the ballot measure language covered a wider scope of services than those promoted to the citizens; it passed based on the campaign committee's efforts: and WHEREAS, a Citizens Oversight Committee was established to ensure the proper use of the Measure Q funds: and WHEREAS. there is concern that future City Councils might not be aware of the intended purpose of the district transaction, and may authorize spending those funds in areas other than those promoted by the campaign committee and authorized by the voters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California. that the Measure Q funds be formally dedicated to the following purposes: 1) Improve the Fire Department 2) Enhance public safety 3) Street Maintenance 4) Storm drain maintenance and prevention of toxic runoff into the bay L�� PASSED AND ADOPTED by the Citv Council of the City of Morro Bav at a reeular meetins ® thereof held on the I I th of September 2012. by the following vote: AYES: Borchard. Johnson, LeaHe. Smukler. Yates NOES: None ABSENT: None ATTEST: 9�4� JAU E BOUCHER. City Clerk E. u C4i.._ WILLIAM YATES, to nor RESOLUTION NO. 45-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DIRECTING A TIMELINE FOR COMPLETION OF CAPITAL PROTECTS APPROVED BY COUNCIL THE CITY COUNCIL City of Morro Bay, California WHEREAS. the City Council on an annual basis funds a variety of large and small capital projects, Measure Q projects and large maintenance projects (in excess of $25,000); and WHEREAS, the desire of the City Council and the citizens is to see City projects move forward in a timely manner: and WHEREAS, the community expects the City to move swiftly in implementing capital projects; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California, that estimated completion dates for capital projects will be included on the Schedule for Capital Projects page. in the Schedule of Measure Q Budget Requests page(s) ® and/or the Schedule of Proposed Maintenance Projects in excess of $25,000 page in the Annual Budget document, indicating when the City will begin work on the capital. Measure Q and major maintenance project(s); and BE IT FURTHER RESOLVED that included in the staff report at the time the funding is approved for each capital. Measure Q or maintenance project in excess of $25,000, staff will include a timeline for project completion; and BE IT FURTHER RESOLVED that a Delaved Project Status Report v611 be generated by the City Manager's office each quarter and appear on the consent calendar of the City Council agenda at the first meeting of each quarter, and contain the following information: 1. Project name; 2. Brief description of the project (unless the name is self-explanatory); I Name of the department head responsible for the project: 4. Brief explanation for the delay; and 5. Revised completion date. The Delayed Project Status Report will include projects from all funds. and will remain on the Delaved Project Status Report until they are completed or cancelled. C• E E 11 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28t' of August 2012, by the following vote: AYES: NOES: ABSENT: ATTEST: Borchard. Johnson, Leage, Smukler; Yates None None WILLIAiNI YATES i vor RESOLUTION NO. 44-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO 2012/2013 ABANDONED WATERCRAFT ABATEMENT FUND 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 Department of Boating and Waterways (DBW) under the Abandoned Watercraft Abatement Fund (AWAF) program: and WHEREAS. DBW awarded a grant of $8,000 under AWAF to the City for removal of derelict/abandoned vessels and hazards to navigation: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California. that the City of Morro Bav is hereby authorized to enter into AWAF Contract 412-214-508 in the amount of S8.000 for removal of derelict/abandoned ® vessels and hazards to navigation. BE IT FURTHER RESOLVED, that Harbor Director Eric Endersby is hereby authorized to act as the City's agent in regards to all aspects of the grant contract agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of August. 2012 on the following vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None JA BOUCHER, City Clerk C ® RESOLUTION NO.43-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO 2012/2013 VESSEL TURN -IN PROGRAM FUND 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 2012/2013) Vessel Turn -In Program (VTIP); and WHEREAS. DBW awarded a grant of $7,000 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 '-'12-214-525 for removal of surrendered vessels in the amount of S7;000. BE IT FURTHER RESOLVED, that Harbor Director Eric Endersby is hereby authorized to act as the Citv's agent in regards to all aspects of the grant agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of August, 2012 on the following vote: AYES: NOES: ABSENT ATTEST: Borchard, Johnson, Leage, Smukler. Yates None None JA BOUCHER, City Clerk El 46 RESOLUTION NO. 42-12 RESOLUTION OF THE CITY OF MORRO BAY ADOPTING THE AGREEMENT WITH THE MORRO BAY CONFIDENTIAL EMPLOYEES AND RELATED COMPENSATION THE CITY COUNCIL City of Morro Bay, California WHEREAS. representatives of the City of Morro Bay (CITY) and representatives of the Confidential Group met and discussed the terms and conditions of employment, through the Meet and Confer process; and WHEREAS, the meetings between the Confidential Group and the CITY have resulted in a mutual agreement and understandinu: and WHEREAS; the employees represented by the Confidential Group accept all of the terms and conditions as set forth in the Agreement attached and made a part of this Resolution herewith; and WHEREAS. the CITY now desires to provide said salaries. benefits and conditions to said Confidential Group of the CITY. ® NOW, THEREFORE, BE IT RESOLVED that the City Council of the Cih, of IVlorro Bay does hereby adopt this Resolution adopting an Agreement on the compensation and working conditions for the Confidential Group for the period September 12. 2012 through June 30, 20li, and authorizes the City Manager to execute all necessary documents to implement said changes. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this I Ph day of September, 2012 by the following vote: AYES: Borchard. Johnson, Leage, Smukler. Yates NOES: None ABSENT: None ATTEST: JA BOUCHER. City Clerk c AGREEMENT BETWEEN THE CONFIDENTIAL EMPLOYEES F13-LIED ® THE CITY OF MORRO BAY JULY !SEPTEMBER 12, 2012 - JUNE 309 201-23 U ® AGREEMENT BETWEEN THE CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY J*IySeptember 12, 201-12 — June 20123 ARTICLE 1 - PURPOSE 1.1 WHEREAS. the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city: and 1.2 WHEREAS. the Citv of Morro Bav is limited. insofar as funds are concerned because of a fixed tax rate: and in structure because it is a public entity rather than a profit making business: and 1.3 WHEREAS, Confidential Group and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE. this AGREEMENT (hereinafter referred to as "AGREEMENT") is entered into as of September 12. 2014-2. between the City of Morro Bay, referred to as "CITY." and the Confidential Group. ® 1.5 It is the intent and purpose of this AGREEMENT to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto: to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay; wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - MANAGEMENT 2.1 In order to ensure that the CITY shall continue to carry out its municipal functions. programs. and responsibilities to the public imposed by law. and to maintain efficient public service for the citizens of Morro Bay. the CITY continues to reserve and retain solely and exclusively all management rights. regardless of the frequency of use, including those rights and responsibilities set forth by law and those CITY rights set forth in the CITY s Personnel Rules and Regulations and including but not limited to the following: 2.1.1 To manage the CITY and determine policies and procedures and the right to manage the affairs of all Departments. 2.1.2 To determine the existence or nonexistence of facts which are the basis of the management decision in compliance with State law. ® 2.1.3 To determine the necessity. organization, implementation. and termination of any service or activity conducted by the CITY or other government jurisdiction and to K ® expand or diminish services. 2.1.4 To direct, supervise, recruit. select. hire. evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce. suspend, reprimand, withhold salary increases and benefits for disciplinary reasons. or otherwise discipline employees in accordance with Department or CITY rules, regulations, or ordinances. 2.1.5 To determine the nature. manner. means. extent, type, time, quantity. quality. technology, standard, and level of services to be provided to the public. 2.1.6 To require performance of other public services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the CITY. 2.1.7 To lay off employees because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective. as determined by the CITY. 2.1.8 To determine and/or change facilities, methods, technology, equipment, operations to be performed, organization structure. and allocate or assign work by which the CITY operations and services are to be conducted. 2.1.9 To determine method of financing. ® 2.1.10 To plan, determine, and manage Departments' budget which includes. but is not limited to, changes in the number of locations and types of operations, processes and materials to be used in carrying out all functions and the right to contract or subcontract any work or operations. 2.1.11 To determine the size and composition of the work force, assign work to employees of the CITY in accordance with requirements determined by the CITY and to establish and require compliance to work hours and changes to work hours. work schedules, including call back. standby_. and overtime. and other work assignments, except as otherwise limited by this agreement, or subsequent agreements. 2.1.12 To establish and modify goals and objectives related to productivity and performance programs and standards. including but not limited to quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications. skills. abilities, knowledge, selection procedures and standards, job classification, job specifications. and to reallocate and reclassify employees in accordance with division and/or CITY Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the is CITY and to take necessary action to achieve the goals and objectives of the CITY. 3 ® 2.1.15 To hire. transfer intra or inter Department, promote, reduce in rank; demote, reallocate. terminate and take other personnel action for non -disciplinary reasons in accordance with Department and/or CITY Rules. Regulations and Ordinances. 2.1.16 To determine policies; procedures and standards for recruiting. selecting, training and promoting employees. 2.1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity; performance, efficiency, personal appearance standards. code of ethics and conduct. safety. health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiencv in facilities and operation. 2.1.19 To restrict the activity of an employee organization on CITY facilities except as set forth in this agreement. 2.1.20 To take any and all necessary steps and actions to cam out the service requirements and mission of the CITY in emergencies or any other time deemed necessary by the CITY and not specified above. 2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code. ® 2.3 AUTHORITY OF THIRD PARTY NEUTRAL - MANAGEMENT RIGHTS All management rights, powers, authority and functions, whether heretofore or hereinafter exercised. shall remain vested exclusively with the CITY. No third party neutral shall have the authoriry to diminish anv of the management rights which are included in this agreement. 2.4 Nothing herein is meant to diminish employee rights provided by the Government Code. ARTICLE 3 - RECOGNITION I I The Confidential Group is comprised of the following classifications: Executive Secretarv/Ciro Clerk Senior Accounting Technician Human Resources Analyst Legal Assistant/Deputy City Clerk Personnel Technician Accounting Technician Account Clerk III -Confidential Confidential The term "employee" or "employees" as used herein shall refer only to the foregoing ® classifications. 3.2 Employees working on a regular basis in a classified position, but less than full-time. [1 ® shall receive vacation and sick leave accruals on a pro -rated basis commensurate with hours worked. All benefits for new hires, including insurance benefits. will be allocated on a pro -rated basis commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT All employees shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH member financial institution. ARTICLE 4 - TERM Except as otherwise specifically provided herein, the term of this AGREEMENT commences on 3alySeptember 12, 201+2 and expires and is otherwise fully terminated at midnight on June 30. 20123. ARTICLE 5 - ANTI-DISCRIVITN'ATION The CITY and Confidential Group mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 6 - WORK SCHEDULE ® This article is intended to define the normal hours of work and shall not be construed as a Quarantee of work per day or per week, or of days of work per week. 6.1 WORKDAY: The normal workdav shall be eight (8) hours of .work in a twenty-four (24) consecutive hour period, except in cases of emergencies. Alternative work schedules can be implemented upon approval of the City Manager, and providing they are not in violation of FLSA regulations. 6.2 WORKSHIFT: Employees shall be scheduled to work on regular workshifis having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without 24 hour prior notice to the employee. Call -out or overtime does not constitute as change in workshift. 6.3 WORKWEEK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) day period beginning Saturday. 12:00 a.m. and ending seven days later on Friday night at 1 1:59 p.m., except in cases of emergencies, or at the specific request of an employee and approval -of department head. Nothing herein shall be construed to eliminate currently established irregular work schedules. 6.4 OVERTIME COMPENSATION 6.4.1 All work required by the CITY and actually performed beyond forty (40) hours ® worked in a workweek is defined as Fair Labor Standards Act (FLSA) overtime. FLSA overtime shall be compensated at one and one-half (1.5) times the R ® employee's regular rate of pay, as defined by FLSA. 6.4.2 Designated CITY holidays shall be considered as time worked for purposes of computing overtime for personnel working a Monday through Friday. 8 hours a day, schedule with Saturday and Sunday as regular days off. Employees working other schedules will accrue 8 hours holiday time and, if working on the CITY designated holiday, be paid at the rate of one and one-half (l.i) time the employee`s regular rate of pay, as defined by FLSA. 6.5 COMPENSATORY TIME OFF (CTO) 6.5.1 At the employee's option. Compensatory Time Off may be taken in lieu of payment for overtime. 6.5.2 CTO may be accrued. An employee's CTO balance "shall indicate the amount of CTO available for employee's use. For example, if an employee works two (2) hours of FLSA overtime and elects to accrue CTO, the employee's CTO balance shall indicate three (3) hours. 6.5.3 An employee's CTO balance shall not exceed a maximum of forty (40) hours. If overtime is earned which would exceed this limit. the excess shall be paid in cash. ® 6.5.4 FLSA overtime shall be accrued and taken at one and one-half (1.5) times the amount of overtime actually worked. For example, if an employee works two (2) hours FLSA overtime in a workweek. the employee shall be entitled to either two (2) hours pay at one and one-half (1.5) times the employee's regular rate of pay, or three (3) hours of CTO. 6.5.5 All CTO requested by an employee shall be approved in advance by the employee's Department Head. 6.6 EMERGENCIES: 6.6.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts; or duties for the purpose. of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. 6.6.2 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. ARTICLE 7 - VACATION LEAVE NOTE: ALL LEAVE TIME (VACATION. SICK LEAVE, HOLIDAY; ETC.). WILL BE TAKEN OFF ON AN HOUR FOR HOUR BASIS EQUALNG EMPLOYEE ACTUAL TIME ® OFF. REGARDLESS OF ACCUMULATION RATES. 3 ® 7.1 During the term of this agreement, paid vacation leave shall be earned at the following rate: SERVICE YEARS ENTITLEMENT IN DAYS 1 thru 2 10 3 thru 4 11 5 thru 6 12 7 thru 8 li 9 thru 10 14 11 thru 12 15 13 thru 14 16 15 thru 16 17 17 thru 18 18 19 thru 20 19 21 or more 20 7.2 The standard for vacation time is eight (8) hours equals one (1) da} . 7.3 MAXIMUM ACCUMULATION It is recognized long-standing- accumulations of vacation time exist for some employees. In order to compensate employees for this unused vacation time and reduce this liability for the City. CITY and Confidential Group agree on the following policy: ® 7.3.1 Unused vacation leave may be carried over into the following- year to a maximum of four hundred (400) hours. Employees exceeding the 400 hour maximum as of the pay period containing November I of each year will be paid off for vacation time exceeding the 400 hour maximum. The CITY shall make said payment with the pay period containing December 1 of each year. Payment shall be computed based upon the employee's base hourly rate of pay as of June 30 of the same calendar year. At employee's further option, said payment may be put into deferred compensation. 7.3.2 Employees separating from the CITY are entitled to pay for accumulated vacation based upon employee's base hourly rate of pay as of June 30 prior to separation. 7.4 A member of the Confidential Group may exercise an option to convert into cash a maximum of forty (40) hours of accrued vacation leave each fiscal year. Such conversion shall be computed at the employee's current base hourly rate on an hour per hour basis. ARTICLE 8 - HOLIDAYS 8.1 For the purpose of this agreement, the following days are the holidays for the employees in the Confidential Group: ® Independence Day ........................... July 4 Labor Dav....................................... 1'` Monday in September Veteran's Day ................................. November 11 7 Thanksgiving Day ............................. 4`" Thursday in November ® Day after Thanksgiving Dav............... 4"' Friday in November Christmas Day ................................. December 25 New Year's Day ............................... January I Martin Luther Kin¢, Jr.. Day ................ 3`d Monday in January Lincoln's Birthday............................. February 12 President's Day ............................... 3)" Monday in February Memorial Day .................................. Last Monday in May Floating Holiday ............................... Varies Floating Holiday ............................... Varies 8.2 Holidays falling on Saturday shall be observed on the preceding Friday, and holidays falling on Sunday shall be observed on the following Monday; and. shall be considered designated holidays for purposes of overtime. 8.3 One holiday equals eight hours. For those employees working the 9/80 alternative work schedule. one holiday may equal up to 9 hours. Accrued holiday time may be taken in less than eight hour increments. 8.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be selected by the Department Head. ® 8.5 Employees may accumulate up to a maximum of forty-eight (48) hours holiday time. Hours of holiday time accumulated over 48 hours will be paid off. When an employee terminates employment with the CITY. he/she shall receive pay for his/her current holiday balance up to a maximum of 48 hours at his/her current base hourly rate. 8.6 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. ARTICLE 9 - ADi\1INISTRATIVE LEAVE 9.1 Each member of the Confidential Group is eligible to earn thirty-six (36) hours of administrative leave per fiscal year. The time during the fiscal year at which an employee may take administrative leave shall be determined by their department head with regard for the wishes of the employee and particular regard for the needs of the services. 9.2 Up to twenty-four (24) hours of administrative leave may be rolled over into the following fiscal year. Upon termination, employee will be paid the pro -rated amount commensurate with that portion of the fiscal year worked. ARTICLE 10 - SICK LEAVE 10.1 During the term of this agreement, sick leave shall be earned at the rate of one (1) eight - hour workday for each calendar month of service. Sick leave used shall be actual employee time off. For example, if an employee works four (4) ten (10) hour days per week and is off sick for one of the ten (10) hour days. ten (10) hours shall be deducted L, ® from employee's sick leave balance. There shall be no maximum to the amount of sick leave that an employee may accumulate. 10.2 Based on individual utilization of paid sick leave in the preceding fiscal year, employee may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below: Sick Leave Utilization 0 hours .25 to 8 hours 8.25 to 16 hours 16.25 to 25 hours Over 25 hours Maximum Conversion Sick Leave To 96 hours 72 hours 48 hours 24 hours 0 hours Vacation Leave 48 hours 36 hours 24 hours 12 hours 0 hours At least one hundred sixty (160) hours shall remain in employee's sick leave bank after any conversion is authorized. 10.3 Upon the service retirement of an employee who has more than ten (10) years of service with the CITY. said employee shall be entitled to receive payment for up to the first ninety (90) days of his/her accrued sick leave at twenty-five percent (25%) of the employee's rate of pay as of the date of service retirement. ® Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. NOTE: Sick leave converted to service credit for CalPERS purposes cannot be compensated (converted to dollars). ARTICLE 11 - RETIREMENT BENEFITS 11.1 All members of the Confidential Group pay 100% of the employee contribution to CalPERS. 11.2 Confidential Group understands and agrees that employees bear the risk of payment of any increases in the employee contribution above the current percentage made by action of the CalPERS or the state legislature. I L3 Parties agree that CITY payment of CalPERS contributions are made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. 11.4 Should current tax treatment change. the Confidential Group shall hold harmless the CITY. its officers and agents from any and all claims or costs of any type including, but not limited to, liability for back taxes, arising out of this agreement to pay part of the employee's Ca1PERS contribution. ® 11.5 Should current tax treatment change. the Confidential Group shall have the opportunity to meet and confer regarding anv such changes. 01 11.6 For employees hired prior to the implementatien e f the PERS Centraet A.nendf fle .. Ceg@C�ln�-2—Tier Retirefnent Foxiccalas aiid Final Gempensation fef P9RS Miseellarxcmio £wile-eesDecember 10. 2011. the CITY agrees to continue to provide CalPERS Miscellaneous Employees with the following CalPERS optional benefits: 2.7% at» plan (Section 21354) Sick Leave Credit Option (Section 20965) One -Year Final Compensation (20042) Military Service Credit (21024) 1959 Survivor Benefit. Level 41h (21574) 11.7 For employees hired on or after the `ate of the ifn i,.mentatien of the PERS Gent_aet u lli Tier ltl.11l lllllll t Formulas and Final Campensatien fer PERS •;-eFnpIa eesDecember 10. 2011. the CITY will provide a retirement benefit program through n•.i.iie E..,..i,._.ees Retirement Syste r aIPERSj with the following CalPERS optional benefits: 2% @ 60 plan (21353) Sick Leave Option (Section 20965) Final Compensation Average 36 consecutive highest months (20037) Military Service Credit (21024) ® 1959 Survivor Benefit 4`h Level (21574) ARTICLE 12 - HEALTH BENEFITS/DEFERRED COMPENSATION PROGRAM 12.1 HEALTH INSURANCE 12.1.1 Employees of the Confidential Group shall participate in the CalPERS medical insurance plans on a cafeteria style basis, with the CITY contributing the CalPERS minimum (currently S4-NI 12/month) to the active employee's medical insurance and $1.00/month or the amount required by CalPERS to retiree medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and retiree. 12.1.2 The Confidential Group receives a cafeteria plan contribution (including the amount required by CalPERS in 12.1.1 above) as follows: Employee only - up to $71 5/month or cost of insurance. whichever is less Employee + 1 — up to S947/month or cost of insurance. whichever is less Employee + family - up to S 1050/month or cost of insurance, whichever is less 12.1.3 Effective January 1. 2013 (beginning December 1. 2012). Confidential Group employees receive a cafeteria plan contribution (including the amount required by ® PERS in 12.1.1 above) as follows: Employee only - up to S715/month or cost of insurance. whichever is less 10 ® Emplovee + 1 - up to $967/month or cost of insurance. whichever is less Employee + family - up to $1080/month or cost of insurance. whichever is less 12.2 DENTAL AND VISION INSURANCE: 12.2.1 During the term of this Agreement. the CITY shall offer dental/life and vision insurance and each employee shall be required to carry both dental/life and vision insurance for self. Life Insurance is provided at $20,000 per employee $3( 0.000 beginnin January anuary 1. 2013). The following rates are effective January 1. 2014-2. VISION DENTAL LIFE TOTALS Employee Only S 8.63 -S 3-740.-7607 S63.680 S 52.30-7 Employee+1 S17.26 S106.39 S63.690 S1297.3325 Employee+2 S22.29 S10611.3-974 S33.690 S1347.363 Employee will be responsible for the following monthly amounts for dental/life and vision beginning with the pay period including January 1. a-O442012: Employee Only S-2.933 Employee + 1 S-711.75 Employee + 2+ $912.2-21 CITY will pay the remaining premium for dental/life and vision.: Anv increases to ® vision. dental and/or life will be borne by the employee. 12.3 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. 12.4 The provisions of this section shall be binding on the parties through the remainder of this agreement and for the term of the agreement that will be effective RAy--ISSe tember 12. 20142. The parties agree herewith that no further collective bargaining will occur with respect to this section for the term of the agreement ending June 30.-20133. 12.5 CONTRIBUTION TO OTHER PROGRAMS CITY will contribute up to $1,000 per calendar year to employees deferred compensation or approved retiree medical savings plan on a 2:1 basis (i.e., employee contributes S2, CITY contributes S1). ARTICLE 13 - EDUCATION INCENTIVES 13.1 CITY agrees to reimburse the costs for job -related and job -required certifications. correspondence courses. and licenses (except Class III driver's license) upon successful completion of the examination or course by the employee having written authorization in advance from their department head. This shall include application fees. examination fees. and certificate fees. Renewal fees may be paid in advance by the CITY. ® CITY agrees to provide a City vehicle, when available. during normal working hours for required transportation and will permit paid time for employee to take examinations li ® scheduled during normal working hours. No mileage payments are authorized for personal transportation, and time spent outside normal working hours shall not be compensated. 13.2 COLLEGE DEGREES 1J.2.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above the minimum required in their respective classification. Associate of Arts Degree - S600 annually Bachelors Degree - S 1200 annually 13.2.2 If an employee's job description requires an AA degree and the employee has a Bachelor's Degree, the employee will receive only the difference between an AA and a BA degree. or S600 annually. 13.2.3 If an employee's job description requires a degree or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. The parties agree that this section shall not be interpreted to reduce the amount of ® education incentive pay that any employee hired prior to January 1, 1998 receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee hired prior to January 1, 1998 promotes to a position requiring a degree not required by the lower position, or if the job description for an employee hired prior to January 1. 1998 is revised to require a degree not previously required for the position, the employee shall continue to receive the amount of the education incentive pay received in the lower position or previous job description. 1J.2.4 Based on the new job descriptions for all classifications which were adopted in May 1995. as well as salary survey implementation over the last three years. employees currently in positions now required to hold an AA or BA degree according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees hired on or after January 1, 1998 or current employees promoted on or after January 1. 1998 to positions requiring degrees will be subject to section 13.2.3 above. 13.2.5 Employees hired on or after January 1. 1998 shall not be eligible for this incentive. ARTICLE 14 - SALARIES ® 14.1 careeti..e p period beginning Ld,. O 2011 effiplayees in the Confide tial Gfe... Will take —a 2% salatt:- redueti en. Salaries shall remain unchanged for the term of this 12 ® Agreement. 14.2 All salary adjustments, including, but not limited to, merit increases. educational incentives, and any other pay adjustments will take effect at the beginning of the next payroll period after the scheduled effective date of the increase. 14.3 Any and all special pay incentives will be calculated on base salary. ARTICLE 15 - SPECIAL PAY PRACTICES Members of the Confidential Group who are required by their supervisor to attend meetings outside of the normal work schedule for the purpose of taking minutes of said meetings shall be paid a minimum of four hours at time and one-half without regard to hours actually worked during the work week. Minutes taken at meetings during regular work hours shall be included in employees' regular rate of pay and not compensated beyond that. ARTICLE 16 — PROBATION The probationary period for newly hired employees shall be twelve (12) months. The probationary period for employees promoted to a higher classification shall be six (6) months in the new classification. The CITY shall have the option of granting a newly_ hired employee regular status at any time after nine (9) months of service. ® ARTICLE 17 - NO STRIKE, NO LOCK -OUT 17.1 During the term of this Agreement. the CITY will not lockout any employees nor will the Confidential Group members cause, authorize. advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term 'other concerted action' includes picketing or boycott activities by the Confidential Group. 17.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 17.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 18 - FULL UNDERSTANDING, MODIFICATION, WAIVER 18.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein_ and any other prior or existing understanding or agreements by the parties; whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 18.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives 13 ® its right to negotiate; and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 18.3 No agreement; alteration, understanding. variation, waiver, or modification of anv of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required; approved by the CITY and ratified by the membership of the Confidential Group. 18.4 The waiver of any breach of any term. or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 19 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Date: CONFIDENTIAL EMPLOYEES GROUP Laurie Goforth, Human Resources Analyst Jamie Boucher, City Clerk Cris Brazzi, Senior Accounting Technician 11 Date: CITY OF MORRO BAY Andrea K Lueker, City Manager Susan Slavton. Admin. Services Dir. 14 RESOLUTION NO. 41-12 ® A RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR THE MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS; representatives of the City of Morro Bay (CITY) and representatives of the Management Group met and discussed the terms and conditions of employment, through the meet and confer process; and WHEREAS, at the end of the meet and confer process, the groups could not come to agreement on the total compensation and working conditions package for the Management Group: and WHEREAS. without reaching an agreement. the CITY must move forward with Resolution No. 41-12. which establishes the compensation and working conditions for the Management Group. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt the following Resolution establishing the compensation and working conditions of the Management Group, and authorizes the Mayor to execute all necessary documents to implement said changes. ® 1. RECOGNITION 1.1 The Management Group is comprised of the following classifications: Commander. City Engineer, Senior Civil Engineer. Utilities .and Capital Projects Manager, Planning Manager, Building Official, Wastewater Division Manager. Information Systems Technician; Accountant, Management Analyst, Senior Planner, Support Services Manager, Recreation and Parks Maintenance Superintendent, Harbor Operations Manager, Harbor Business Manager. The term "employee" or "employees" as used herein shall refer only to the foregoing classifications. 1.2 Employees working on a regular basis in a classified position, but less than full-time, shall receive vacation and sick leave accruals on a pro-rata basis commensurate with hours worked. All benefits for new hires, including insurance benefits, will be allocated on a pro-rata basis commensurate with hours worked. 13 ELECTRONIC DEPOSIT All employees shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH member financial institution. 11 2. TERM ® Except as otherwise specifically provided herein, the term of this Resolution commences on September 12, 2012, and expires, and is otherwise fully terminated, at midnight on June A 2013. 3. ANTI -DISCRIMINATION The CITY and Management Group mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. 4. WORK SCHEDULE This article is intended to define the normal hours of work_. and shall not be construed as a guarantee of work per day or per week, or of days of work per week. 4.1 WORKDAY: The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period; except in cases of emergencies. Alternative work schedules may be implemented upon approval of the City Manager. 4.2 WORKSHIFT: Employees shall be scheduled to work on regular work shifts having regular starting and quitting times. Except for emergencies, employees' work shifts shall not be changed without 24-hour prior notice to the employee. ® 4.3 WORKWEEK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) day period beginning Saturday; 12:00 a.m. and ending seven days later on Friday night at 11:59 p.m., except in cases of emergencies. or at the specific request of an employee and approval of his/ her department head. Nothing herein shall be construed to eliminate currently established irregular work schedules. 4.4 OVERTIME COMPENSATION Employees in this group are considered "exempt` employees within the definition of FLSA. and do not receive overtime for time worked outside of the regular work schedule. 4.5 EMERGENCIES: 4.5.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. 4.5.2 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. 5. VACATION LEAVE ® 5.1 During the term of this Resolution, employees shall earn paid vacation leave at the following rate: Entitlement in Service Years Days 1 thru 2 10 3 thru 4 11 5 thru 6 12 7 thru 8 13 9 thru 10 14 l l thru 12 15 13-thru 14 16 15 thru 16 17 17 thru 18 18 19 thru 20 19 21 or more 20 5.2 The standard for vacation time is eight (8) hours equals one (1) day. ® 5.3 MAXIMUM ACCUMULATION It is recognized that long-standing- accumulations of vacation time exist for some employees. In order to compensate employees for this unused vacation time and reduce this liability for the Citv, CITY and Management Group agree on the following policy: 5.3.1 Unused vacation leave may be carried over into the followine year to a maximum of 400 hours. Employees exceeding the 400 hour maximum as of the pay period containing November 1 of each year will be paid off for vacation time exceeding the 400 hour maximum. The CITY shall make said .payment with the pay period containing the December 1 of each year. Payinent shall be computed based upon the employee's base hourly rate of pay as of June 30 of the same calendar year. At the employees' further option, said payment may be put into deferred compensation. 5.3.2 Employees separating from the CITY are entitled to pay for accumulated vacation, based upon employee's base hourly rate of pay as of June 30 prior to separation. 5.4 Members of the Management Group may exercise the option to convert into cash a maximum of forty (40) hours of accrued vacation leave each fiscal year. Such conversion shall be computed at the employee's current base hourly rate on an hour per hour basis. Note: All leave time (vacation, sick leave, holiday, etc.) will be taken off on an hour for hour basis equaling employee actual time off, regardless of accumulation rates. 6. HOLIDAYS ® 6.1 For the purpose of this Resolution. the following days are the holidays for employees in this group: Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Martin Luther King, Jr. Day Lincoln's Birthdav Washingtdn'S Birthday Memorial Day Floating Holiday Floating Holiday July 4 1st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May Varies Varies 6.2 Holidays falling on Saturday shall be observed on the preceding Friday, and holidays falling on ® Sunday shall be observed on the following Monday. 6.3 One holiday equals eight (8) hours. For those employees working the 9/80 alternative work schedule, one holiday may equal up to nine (9) hours. Accrued holiday_ time may be taken in less than eight hour increments. 6.4 It is agreed that when a holiday is proclaimed by the ivlayor of the CITY. then each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be approved by the Department Head. 6.5 Employees may accumulate up to a maximum of forty-eight (48) hours holiday time. Hours of holiday time accumulated over 48 hours will be paid off. When an employee terminates employment with the CITY. he/she shall receive pay for his/her current holiday balance up to a maximum of 48 hours at his/her current base hourly rate. 6.6 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. 7. ADMINISTRATIVE LEAVE 7.1 Each member of the Management Group is eligible to earn sixty-four (64) hours of administrative leave per fiscal year. The time during the fiscal year at which an employee may take administrative leave shall be determined by their Department Head, with regard for the ® wishes of the employee and particular regard for the needs of the services. 7.2 Up to twenty-four (24) hours of administrative leave may be rolled over into the following ® fiscal year. Upon termination, employee will be paid the pro-rata amount commensurate with that portion of the fiscal year worked. 7.3 Each member of the Management Group may be eligible for additional administrative leave upon authorization from the City Manager. Such administrative leave may be granted when employees are required to perform their responsibilities in times of immediate threat to public health; safety and property; beyond their regular work schedule. The approval of such time is not guaranteed, and sole discretion without appeal rights rests with the City Manager, and is expressly eliminated from the Grievance Procedure. Recognizing the impact of the Fair Labor Standards Act; employees of the Management Group will be sensitive to the operational needs and financial limitations of the CITY. and will therefore attempt to limit the use of overtime by employees in their respective areas of responsibility. 7.4 Each new member of the Management Group, hired during the term of this agreement. shall. at the time of hire, be eligible for forty (40) hours of administrative leave. Use and accumulation of such leave will be in accordance with the other provisions of Article 9, except in the event that employee terminates before completing probation, administrative leave shall not be compensated. 8. SICK LEAVE 8.1 During the term of this Resolution. sick leave shall be earned at the rate of one (1) eight (8) ® hour workday for each calendar month of service. Sick leave used shall be actual employee time off. For example, if an employee works four (4) ten (10) hour days per week and is off sick for one (1) of the ten (W) hour days, ten (10) hours shall be deducted from employee's sick leave balance. There shall be no maximum to the amount of sick leave that an employee may accumulate. 8.2 Based on individual utilization of paid sick leave in the preceding fiscal year, emplovee may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below: Sick Leave Utilization/FY Sick Leave to Vacation Leave 0 hours 96 hours 48 hours .25 to 8 hours 72 hours 36 hours 8.25 to 16 hours 48 hours 24 hours 16.25 to 25 hours 24 hours 12 hours Over 25 hours 0 hours 0 hours At least one hundred sixty (160) hours shall remain in employee's sick leave bank after any conversion is authorized. 8.3 Upon the service retirement of an employee who has more than ten (10) years of service with the CITY. said employee shall be entitled to receive payment for up to the first seven hundred twenty (720) days of his/her accrued sick leave at thirty-five percent (35%) of the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. ® NOTE: Sick leave converted to service credit for PERS purposes cannot be compensated (converted to dollars). 9. EXEMPT TIME OFF This policy is established in accordance with the Fair Labor Standards Fact. which exempts employees of this group from requiring- the CITY to pay time and one-half for time worked over 40 hours. Effective Julv 1, 2002, group members will use accumulated leave time to take time off for sick leave; medical appointments, personal business, vacation, etc., for time off that is less than one full day in the same manner as issued for taking time off that exceeds one day; that is, filling out leave forms and noting time off on time cards. The exception to this policy is that time off of less than two (2) continuous hours per day need not be recorded. Abuses of this exception, i.e., taking % hour here and there throughout the day, will not be allowed. 10. RETIREMENT BENEFITS 10.1 The Management Group understands and agrees that employees bear the risk of payment of any increases in the employee contribution above the current percentage made by action of the PERS or the State Legislature. is 10.2 Parties agree that CITY payment of PERS contributions are made based upon tag treatment currently permitted by the State Franchise Tax Board and the IRS. 10.3 Should current tax treatment change. the Management Group and the employee shall hold harmless the CITY. its officers and agents from any and all claims or costs of anv type including but not limited to liability for back tares, arising out of this agreement to pay part of the employee's PERS contribution. 10.4 Should current tax treatment change, the Management Group shall have the opportunity to meet and confer regarding any such changes. 10.5 If the State Legislature adopts a two-tier CalPERS retirement program applicable to the Management Group members, then all members employed after the effective date of such CalPERS changes shall be placed in a new retirement plan or one selected by the CITY. Current employees. at the time of plan adoption, will have a one-time option to enter the new plan, with the enrollment period to be selected by CITY. 10.6 CalPERS Miscellaneous Employees 10.6.1 All members of the Management Group pay 100% of the employee contribution to CalPERS. ® 10.&2 For employees hired prior December 10, 2011 in the Management Group. the CITY agrees to provide the following CalPERS optional benefits: ® 2.7% at 55 plan (Section 21354) Sick Leave Credit Option (Section 20965) One -Year Final Compensation (20042) Military Service Credit (21024) 1959 Survivor Benefit, Level 4`s (21574) 10.6.3 For employees hired on or after December 10, 2011 in the Management Group. the CITY will provide a retirement benefit program with the following Ca1PERS optional benefits: 2% @ 60 plan (21353), Sick Leave Option (Section 20965), Final Compensation Average 36 consecutive highest months (20037). Military Service Credit (21024). 1959 Survivor Benefit 4`s Level (21574) 10.7. PERS Safety Employees 10.7.1 All members of the Management Group pay 100% of the employee contribution to .CaIPERS 10.7.2 For employees hired prior to September 17, 2011. the CITY will provide CaIPERS Safety employees in the Management Group with a retirement benefit program as ® follows: Highest Single Year Compensation effective 6-22-91 (Section 20042) Sick Leave Credit effective 6-24-89 (Section 20965) 4`h Level Survivor Benefit (Section 21574) 1959 Survivor Benefit effective 6-24-89 (Section 21580) Military Service Credit effective 6-9-98 (Section 21024) 3% @ 50 Retirement Formula Pre -Retirement Optional Settlement 2 Death Benefit For employees hired on or after September 17, 2011, the CITY will provide a retirement benefit program as follows. 36 Consecutive Month Final Compensation (Section 20037) Sick Leave Credit effective 6-24-89 (Section 20965) 4`t' Level Survivor Benefit (Section 21574) 1959 Survivor Benefit effective 6-24-89 (Section 21580) Military Service Credit effective 6-9-98 (Section 21024) 3% @ 55 Retirement Formula (Section 2 1 363.1) Pre -Retirement Optional Settlement 2 Death Benefit 11. HEALTH BENEFITS/DEFERRED COMPENSATION PROGRANT 11.1 HEALTH INSURANCE 11.1.1 Employees of the Management Group shall participate in the CaIPERS medical insurance. plans on a cafeteria style basis. with the CITY contributing the CaIPERS minimum (currently $112/month) to the active employee's medical insurance and S1.00/month or the amount required by CaIPERS to retiree medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and retiree. ® 11.1.2 The Management Group receives a cafeteria plan contribution (including the amount required by Ca1PERS in 11.1.1 above) as follows: Employee only Up to S71 5/month or cost of insurance, whichever is less Employee +1 Up to 5947/month or cost of insurance. whichever is less Employee + family Up to S 1050/month or cost of insurance, whichever is less 1 L1.3 Effective January 1, 20L3 (beginning December 1. 2012), Management Group employees receive a cafeteria plan contribution (including the amount required by CalPERS in 11.1.1 above) as follows: Employee only Up to S715/month or cost of insurance, whichever is less Employee +1 Up to 5967/month or cost of insurance. whichever is less Employee + family Up to $I.080/month or cost of insurance, whichever is less 11.1.4 Effective January 1. 2009, cash -back was eliminated except as provided herein. Employees receiving cash -back in December 2008 shall continue to receive the same amount for the term of this agreement except that if a cash -back employee changes the structure of their insurance (add dependents, delete dependents, drop insurance with the CITY. change carriers, etc.) cash -back is not an option. Cash -back will be eliminated for employees during the open enrollment period in 2010 for calendar year 2010, and in ® subsequent years, if, said employees are required (because of eliminated plans) to change carrier. In the event an employee receiving cash -back is forced to make a plan change because the CITY changes plans and/or ceases to contract with PERS for insurance, that employee will maintain cash -back. 11.2 DENTAL AND VISION NSURANCE: 11.2.1 During the term of this Agreement. the CITY shall offer dental/life and vision insurance and each employee shall be required to cam' both dental/life and vision insurance for self. Life Insurance is provided at $20.000 per employee (530,000 beginning January 1, 2013). The following rates are effective January 1, 2012. VISION DENTAL LIFE TOTALS Employee Only S 8.63 S 40.07 S 3.60 S 5230 Employee +1 17.26 106.39 5.683.60 129.33127.25 Employee+2 22.29 106.39111.74 5.683.60 114.36137.61 Employee will be responsible for the following monthly amounts for dental/life and vision beginning with the pay period including January 1. 2012: Employee Only S 2.93 Employee + 1 11.75 ® Employee + 2+ 12.21 CITY will pay the remaining premium for dental/life and vision. Any increases to ® Vision/Dental/Life insurance will be home by the employee. 11.3 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. 11.4 The provisions of this section shall be binding on the parties through the remainder of this agreement and for the term of the agreement that will be effective September 12. 2012. The parties agree herewith that no further collective bargaining will occur with respect to this section for the term of the agreement ending June 30. 2013. 11.5 LTD INSURANCE The Management Group shall participate in the City -provided Long Term Disability Insurance Plan. CITY shall pay the costs for this plan. 11.6 CONTRIBUTION TO OTHER PROGRAMS CITY will contribute up to $1,000 per calendar year to employee's deferred compensation or approved retiree medical savings plan on a 2:1 basis (i.e., employee contributes $2, City contributes $I). 11.7 WORKER`S COMPENSATION LEAVE Any employee who is absent from duty because of an on-the-job injury in accordance with state worker's compensation law and is not eligible for disability payments under Labor Code ® Section 4850 shall be paid the difference between his/her base salary acid the amount paid by worker's compensation during the first forty-five (45) working days of such temporary disability absence. Eligibility for worker's compensation leave requires an open worker's compensation claim. 12. EDUCATION INCENTIVES 12.1 CITY agrees to reimburse the costs for job related and job -required certifications, correspondence courses. and licenses (except Class III driver's license) upon successful completion of the examination or course by the employee having written authorization in advance from their department head. This shall include application fees, examination fees, and certificate fees. Renewal fees may be paid in advance by the CITY. This provision does not apply to continuing education requirements. 12.2 CITY agrees to provide a City vehicle, when available for required transportation and will permit paid time for employee to take examinations scheduled during normal working hours. If no Citv vehicle is available. CITY will reimburse mileage for use of personal vehicle. 13. SALARIES 13.1 Salaries remain unchanged for the term of this Resolution. ® 13.2 All salary adjustments, including, but not limited to merit increases. educational incentives. and any other pay adjustments, will take effect at the beginning of the next payroll period after the scheduled effective date of the increase. ® 13.J Any and all special pay incentives will be calculated on base salary. 14. WORK UNIFORMS 14.1 SAFETY SHOES: Employees, who are required to wear steel -toed safety shoes in the performance of their duties. shall be eligible to receive an allowance for the provision of said shoes in the amount of one hundred twenty dollars (S120.00) per fiscal year. Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. 15. PROBATION The probationary period for newly hired employees in this group shall be twelve (12) months. The probationary period for employees promoted to a higher classification shall be sir (6) months in the new classification. The CITY shall have the option of granting a newly hired employee regular status at any time after nine (9) months of service. 16. NO STRIKE, NO LOCK -OUT 16.1 During the term of this Resolution. the CITY will not lockout any employees nor will the Management Group cause. authorize. advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term 'other concerted action" includes picketing or boycott activities by the Management Group y 16.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 16.3 Any group employee, engaging in any action prohibited by this Article, shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or disci- pline shall not be reviewable through the Grievance Procedure. 17. FULL UNDERSTANDING, MODIFICATION, WAIVER 17.1 This Resolution sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 17.2 it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. ® IT' No agreement. alteration. understanding. variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the CITY and ratified by the membership of the Management Group. ® 17.4 The waiver of any breach of any tern. or condition of this Resolution by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 18. SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. PASSED AND ADOPTED by the Morro Ba_v Cinv Council at a meetine thereof held this I I"' day of September 2012 by the following vote: AYES: Borchard. Johnson. Lease. Smukler. Yates NOES: None ABSENT: None ATTE T: JAblt BOUCHER, City Clerk RESOLUTION NO. 40-12 ® RESOLUTION OF THE CITY OF MORRO BAY ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY POLICE EMPLOYEES AND RELATED COMPENSATION THE CITY COUNCIL Cite of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Nlorro Bay; the City's representatives have met and conferred in good faith pertaining to the subject of wages; benefits and conditions of employment with the Morro Bay Peace Officers Association (MBPOA); and WHEREAS. the meetings between the MBPOA and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the MBPOA accept all of the terms and conditions, as set forth in a Memorandum of Understanding, an agreement attached and made a part of this Resolution herewith; and WHEREAS. the City now desires to provide said salaries. benefits and conditions to said police employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, ® that it hereby approves and adopts, in full. the Memorandum of Understanding for the period July 1, 2012 through June 30, 2013, as attached and made a part of this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the City Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this 23`d day of October. 2012 by the following vote: AYES: Borchard_. Johnson_. Lease. Smukler, Yates NOES: None ABSENT: None ATTEST: Lt"�' JA- BOUCHER. City Clerk u LQ.ti_ WILLIAM YATE , l or 0 MEMORANDUM OF UNDERSTANDING POLICE OFFICERS ASSOCIATION AND ® THE CITY OF MORRO BAY JULY 19 2012 - JUNE 305 2013 0 City of Morro Bay POA Final 2012-2013 Page i ® Table of Contents ARTICLEI - PURPOSE..................................................................................................................................'....... I ARTICLE2 - MANAGEMENT.................................................................................................................................. I ARTICLE3 - RECOGNITION................................................................................................................................. 4 ARTICLE4 - ASSOCIATION BUSINESS.................................................................................................................4 ARTICLE5 - AUTHORIZED AGENTS................................................................................................................. 5 ARTICLE 6 - WITHHOLDING OF ASSOCIATION DUES AND INSURANCE .................................................... 5 ARTICLE I - VACATION/HOLIDAY LEAVE.................................................................................. ..............9 ARTICLE12 - SICK LEAVE.....................................................................................................................................I I ARTICLE13 - BEREAVEMENT...............................................................................................................................12 ARTICLE14 - RETIREMENT................................................................................................................................12 ® ARTICLE 15 - HEALTH BENEFITS.........................................................................................................................13 ARTICLE 16 - EDUCATIONAL INCENTIVES................................................................................... ..............15 ARTICLE17 - UNIFORMS........................................................................................................................................17 ARTICLE18 - SALARIES.........................................................................................................................................17 ARTICLE 19 - SPECIAL PAY PRACTICES.............................................................................................................17 ARTICLE 20 - BULLETIN BOARD..........................................................................................................................20 ARTICLE 21 - PROBATIONARY PERIOD.. ......................................................................................................20 ARTICLE 22 - DRUG AND ALCOHOL TESTING...............................................................................................21 ARTICLE 23 - GRIEVANCE PROCEDURE.............................................................................................................21 ARTICLE 24 - NO STRIKE, SLONJ-DONVNOR OTHER INTERRUPTION TO WORK.......................................22 ARTICLE 25 - FULL UNDERSTANDING, MODIFICATION. WAIVER..............................................................22 ARTICLE 26 - SEVER-ABILITY................................................................................................................................23 0 City of Morro Bay POA Final 2012-2013 Page i MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY PEACE OFFICERS' ASSOCIATION AND THE CITY OF MORRO BAY 2012-2013 ARTICLE 1 - PURPOSE WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure because it is a public entity rather than a profit -making business; and WHEREAS, the Morro Bay Peace Officers' Association and the City of Morro Bay recognize that the mission and the purpose of the City is to provide high -quality and economical municipal services and facilities to the residents of the City of Morro Bay; THEREFORE, this Memorandum of Understanding is entered into as of July 1, 2012 between the City of Morro Bay, referred to as CITY, and the Morro Bay Peace Officers' Association referred to as ASSOCIATION. It is the intent and purpose of this Memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - MANAGEMENT 2.1 In order to ensure that the CITY shall continue to carry out its public safety functions, programs, and responsibilities to the.public imposed by law, and to maintain efficient public safety service for the citizens of Morro Bay, the CITY continues to reserve and retain solely and exclusively all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law and those CITY rights set forth in the City's Personnel Rules and Regulations and including but not limited to the following: 2.1.1 To manage the Police Department and determine policies and procedures and the right to manage the affairs of the Department. City of Morro Bay POA Final 2012-2013 Page 1 ® 2.1.2 To determine the existence or nonexistence of facts which are the basis of the management decision in compliance with State law. 2.1.3 To determine the necessity, organization, implementation, and termination of any service or activity conducted by the CITY or other government jurisdiction and to expand or diminish police services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees in accordance with Department or City Rules, Regulations, or Ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of police services to be provided to the public. 2.1.6 To require performance of other public safety services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the CITY. 2.1.7. To lay off employees of the Police Department because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the CITY. 2.1.8. To determine and/or change the police facilities, methods, technology, equipment, operations to be performed, organization structure, and allocate or assign work by which the City police operations and services are to be conducted. 2.1.9. To determine method of financing. 2.1.10 To plan, determine, and manage Department's budget which includes, but is not limited to, changes in the number of locations and types of operations, processes and materials to be used in carrying out all Police Department functions and the right to contract or subcontract any work or operations of the Police Department. 2.1.11 To determine the size and composition of the Police Department work force, assign work to employees of the Police Department in accordance with requirements determined by the Police Department and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work City of Morro Bay POA Final 2012-2013 Pase 2 assignments, except as otherwise limited by this agreement, or subsequent agreements. 2.1.12 To establish and modify goals and objectives related to productivity and performance programs and standards, including but not limited to quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees in accordance with division and/or City Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the Police Department and to take necessary action to achieve the goals and objectives of the Police Department. 2.1.15 To hire, transfer intra or inter Department, promote; reduce in rank, demote, reallocate, terminate and take other personnel action for non - disciplinary reasons in accordance with Department and/or City Rules, Regulations and Ordinances. 2.1.16 To determine policies, procedures and standards for recruiting, selecting, training and promoting employees. 2.1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in police facilities and operation. 2.1.19 To restrict the activity of an employee organization on City facilities except as set forth in this agreement. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the CITY in emergencies or any other time deemed necessary by the CITY and not specified above. 2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code. 2.3 Nothing herein is meant to diminish the Peace Officers' Bill of Rights as set forth in the Government Code. City of Morro Bay POA Final 2012-2011 Page 3 0 ® 2.4 AUTHORITY IF THIRD PARTY NEUTRAL- MANAGEMENT RIGHTS All management rights, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the CITY. No third party neutral shall have the authority to diminish any of the management rights which are included in this agreement. ARTICLE 3 - RECOGNITION 3.1 Pursuant to Resolution No. 74-69, the Employer -Employee Relations Resolution of the City of Morro Bay and applicable State law, the Morro Bay Peace Officers Association, (hereafter "ASSOCIATION") was designated by the City of Morro Bay (hereafter "CITY") City Council as the representative of City employees in the Law Enforcement Unit (hereafter "UNIT'). The UNIT is comprised of the following classifications: Sergeant Corporal Dispatch Supervisor Police Officer Code Enforcement Officer ® Public Safety Dispatcher Crime Prevention Officer The term "employee" or "employees" as used herein shall refer only to the foregoing classifications. 3.2 Employees working on a regular basis in a classified position, but less than full- time shall receive vacation and sick leave accruals on a pro -rated basis commensurate with hours worked. All benefits for new hires, including insurance benefits, will be allocated on a pro -rated basis commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT: All employees hired after July 1, 1999 shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH member financial institution. ARTICLE 4 - ASSOCIATION BUSINESS 4.1 Employee representatives designated by the ASSOCIATION shall be granted time off, without loss of pay, to attend "meet and confer" sessions with the City Manager and/or his/her designee on subjects within the scope of representation ® Ciry or Morro Bay POA Final 2012-2013 Paee 4 when such meetings are scheduled during regular working hours. Should such meetings extend beyond an employee representative's regular working hours, the employee representative shall be paid for only the regular working hours. It is understood that this time -off provision shall only apply to a maximum of three employees attending any one meeting between CITY and ASSOCIATION. Where exceptional circumstances warrant, the City Manager may approve the attendance at such meetings of additional employee representatives. The ASSOCIATION shall, whenever practicable, submit the names of all employee representatives to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further (1) that no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized CITY management official; and (2) that any such meeting is subject to scheduling by CITY management in a manner consistent with operating needs and work schedules. 4.2 Nothing provided herein shall limit or restrict CITY management from scheduling such meetings before or after regular CITY or work hours. 4.3 Off -duty employees will not be paid for attending meet and confer sessions, nor will over -time be paid for same. ARTICLE 5 - AUTHORIZED AGENTS For the express purpose of administering the terms and provisions of this agreement: 5.1 Management's principal authorized agent shall be the City Manager or his/her duly authorized representative (address: 595 Harbor Street, Morro Bay, CA 93442; telephone (805) 772-6200) except where a particular management representative is specifically designated in the agreement. 5.2 The Morro Bay Peace Officers' Association principal authorized representative shall be the President of the Association, or his/her duly authorized representative (address P. O. Box 276, Morro Bay, CA 93443). ARTICLE 6 - WITHHOLDING OF ASSOCIATION DUES AND INSURANCE 6.1 It is agreed that CITY will withhold ASSOCIATION dues and ASSOCIATION group insurance premiums from the monthly pay of each regular City employee who is a member of the ASSOCIATION. ASSOCIATION agrees to provide CITY with individual ASSOCIATION member authorizations signed by the individual ASSOCIATION member authorizing CITY to make agreed deductions; specifying City of Morro Bay POA Finn! 2012-2013 Page 5 ® the amount of each deduction; and authorizing CITY to issue a single check, payable to ASSOCIATION, for the collective amount of the individual deductions. CITY does not accept responsibility for computing the amounts of deductions or for meeting payment dates which may not coincide with established pay periods. CITY will issue a single check to the ASSOCIATION for the total amount of deductions withheld from the individual employees' pay. The ASSOCIATION will be responsible for the accounting and disbursing of all such funds received from CITY. ASSOCIATION will be responsible for properly notifying CITY of any changes in deductions and will be the sole agent through which CITY will act in explaining, initiating, executing, or terminating the provisions of this Article. Such notification must be received by the CITY at least two weeks prior to the effective date of the change and shall contain the following information: Employee name, social security number, job classification and department name. Also, such change notice must include a copy of the notice sent to the employees officially telling them of the change. 6.2 All ASSOCIATION members on payroll deduction for payment of ASSOCIATION dues on the day of signing of this Memorandum of Understarding must remain on payroll deduction for the life of the Agreement or so long as they remain members of the UNIT. ASSOCIATION members who establish payroll dues deduction during the term of this Memorandum of Understanding must remain on payroll deduction for the life of this Memorandum or so long as they remain members of ® the UNIT. ASSOCIATION members on dues payroll deduction may terminate such ASSOCIATION dues during the period of December 15-31 by notifying both the ASSOCIATION and the City Administrative Services Department of their termination of ASSOCIATION dues deduction. Such notification shall be in the form of a letter containing the following information: Employee name, social security number, job classification, and department name. 6.3 ASSOCIATION shall indemnify and hold harmless the City of Morro Bay, its officers, agents, and employees from any and all claims, demands, damages, costs, expenses, or liability arising out of this Article. 6.4 DEPOSIT OF DEDUCTIONS It is agreed that CITY will deposit payroll deductions made payable to credit unions in which the CITY participates providing the ASSOCIATION makes arrangements for such services that are acceptable to both members and CITY under the same conditions as prevails for deductions as set forth above. 0 City of Morro Bay POA Final 2012-2013 Page 6 ARTICLE 7 — TERM Except as otherwise provided herein, the term of this Agreement commences on July 1, 2012 and expires and is otherwise fully terminated on June 30, 2013. ARTICLE 8 - RENEGOTIATIONS 8.1 The parties agree to commence renegotiations for a successor agreement for the period beginning July 1, 2013 as soon as administratively possible following January 1, 2013. 8.2 The parties agree that, upon reaching a ground rules agreement, except by mutual agreement, no new subjects may be introduced into the process after the third (3rd) negotiations meeting. 8.3 City and MBPOA agree to conduct a joint compensation survey to be completed by April 1, 2013. ARTICLE 9 - ANTI -DISCRIMINATION The CITY and ASSOCIATION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 10 -WORK SCHEDULE 10.1 Alternative work schedules in compliance with the Fair Labor Standards Act may be implemented upon approval of the Chief of Police. No guarantee of work per day or per week, or of days of work per week is implied. The implementation of an alternate work schedule shall not incur any CITY obligation to allocate additional sworn/dispatch personnel, vehicles or equipment. All deployment of sworn/dispatch personnel shall ensure effective and efficient delivery of police protection to the community sufficient to continue during times of vacation, sick leave, and Department approved training. 10.2 OVERTIME 10.2.1 Non -Sworn Personnel Overtime is described as all work authorized by management and actually worked by the employee in excess of forty (40) hours worked in a City of Morro Bay POA Final 2012-2013 Page 7 ® workweek. For the purpose of defining hours worked, vacation leave and holiday leave shall be considered as time worked in a workweek. All overtime as defined above shall be paid at one and one-half (1.5) times the employee's regular rate of pay. 10.2.2 Sworn Personnel Overtime shall be all work authorized by management and actually worked by the employee in excess of eighty (80) hours worked in a work period. For the purpose of defining hours worked, vacation leave and holiday leave taken shall count towards time worked for the purpose of overtime. All overtime as defined herein, shall be paid at one and one-half (1.5) times the employee's regular rate of pay. NOTE: Hours spent in court under what used to be termed "Court Appearance Pay' shall be considered and paid as part of this article; except for the "minimum pay", which is now covered under Special Pay Practices. 10.2.3 Compensatory Time Off Effective with the ratification of this agreement, Compensatory Time Off (hereinafter "CTO") shall be earned at the overtime rate of one and one- half times the number of overtime hours worked as defined in Articles ® 10.2.1 and 10.2.2. CTO may be accrued up to a maximum of 120 hours. Overtime earned in excess of the CTO maximum accrual shall be compensated in cash. 10.2.4 Compensatory Time Payoff Once annually, employees my elect a payoff of up to 40 hours of accrued compensatory time. Payment will be made on the second paycheck received in March upon 30 days advance notice. 10.3 EMERGENCIES 10.3.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. 10.3.2 Such emergency assignments shall not extend beyond the period of said emergency. 10.3.3 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. 10.4 SHIFT ROTATION Shift rotation shall coincide with the first day of a pay period. Cip, of Morro Bay POA Final 2012-2013 Page 8 ARTICLE 11 - VACATION/HOLIDAY LEAVE NOTE: ALL LEAVE TIME (VACATION, SICK LEAVE, HOLIDAY, ETC.), WILL BE TAKEN OFF ON AN HOUR FOR HOUR BASIS EQUALING EMPLOYEE ACTUAL TIME OFF, REGARDLESS OF ACCUMULATION RATES. 11.1 VACATION 11.1.1 The following is a list of vacation annual accrual schedule by years of employment: SERVICE VACATION YEARS ACCRUAL 1-2 80 hrs 3-4 88 hrs 5 96 hrs 6-7 104 hrs 8-9 112 hrs 10-11 120 hrs 12-13 128 hrs 14-15 136 hrs 16-17 144 hrs 18-19 152 hrs 20 or more 160 hrs 11.1.2 Employees' vacation accrual will be credited to employee on a pro -rated basis over 26 pay periods per year. 11.1.3 In determining priority of individual members for assignment of vacation periods, "seniority within rank" shall be the primary criteria. During the month of January of each year, each employee shall submit his/her preferences for vacation time off during that calendar year. It is agreed that every effort will be made to permit UNIT members to take vacation at a time and for periods as close to members' preference as possible consistent with the necessity for maintaining adequate manning to assure performance of police department functions. It is further agreed that every effort will be made to schedule individual vacation periods so as to maximize consecutive vacation days off consistent with annual vacation entitlement. 11.1.4 The maximum amount of vacation accrual is 226 hours. When an employee reaches the maximum accrual limit of 226 hours, the employee. shall cease to accrue vacation leave until the usage of vacation causes the balance to be less than 226 hours. Employees who have a requested vacation denied or canceled within 60 days prior to reaching the 226 hour accrual maximum shall, upon request, City of Morro Bay POA Finn! 2012-2013 pale 9 �J u be given an additional 60 days following reaching the maximum to utilize vacation prior to ceasing to accrue. 11.2 HOLIDAYS 11.2.1 For the purpose of this agreement, the following days are the holidays for . the employees in this UNIT: New Year's Day Martin Luther King, Jr. Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Day after Christmas Floating Holiday January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May July 4 1st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 December 26 Varies 11.2.2 Employees who work a holiday listed above shall be paid one and one- half (1.5) times their base hourly rate. An employee is eligible for the one and one-half time pay only for the hours actually worked during the date set forth in section 11.2.1. Each employee will be credited eight (8) hours Holiday Leave for each holiday listed in 11.2.1 above or recognized under 11.2.3 below in addition to pay for time worked on that holiday. Holiday Leave hours shall be pro -rated annually and credited to employees at the rate of four hours per pay period. 11.2.3 Holidays Proclaimed by Government Officials -- It is agreed that when a holiday is proclaimed by the Mayor of the CITY then each regular member of the UNIT shall be granted compensation in the same number of hours as equivalent to the time -off granted other employees of the CITY. Such time -off shall be selected by the Police Chief. 11.2.4 Accumulated Holiday Leave may be scheduled and taken upon approval of the Police Chief/designee. 11.2.5 Employees may accumulate up to a maximum of 116 hours Holiday Leave per year. All Holiday Leave not taken by the pay period containing December 1 shall be paid off at the employee's current rate of pay. By request only, employees may be paid for a designated amount of accumulated Holiday Leave June 1 upon 30 days advance notice to Payroll. When an employee terminates employment with the CITY, employee shall receive pay for employee's current holiday balance at employee's current base hourly rate. ® City of Morro Bay POA Final 2012-2013 Page 10 NOTE: Subject to maximum accrual limits employee specified amounts of Holiday Leave may be transferred to Compensatory Time Off upon is request in December only. Payroll must be notified by November 1st. 11.3 MILITARY LEAVE 11.3.1 Military Leave will be provided pursuant to City Resolution 65-01 and Military and Veterans Code 395.03 11.4 ASSOCIATION LEAVE 11.4.1 UNIT members will be allowed to contribute accumulated compensatory, holiday, or vacation time off to a special compensatory time account for the use of ASSOCIATION executive officers. ASSOCIATION officers or their designee(s) may, subject to all normal approvals and restrictions for time off requirements, receive up to a total of (40) forty hours per fiscal year off for attendance at meetings, seminars, etc. on behalf of the ASSOCIATION. At no time may the ASSOCIATION compensatory time account contain more than one hundred (100) accrued hours. ARTICLE 12 - SICK LEAVE 12.1 Sick leave shall be earned at the rate of eight hours each calendar month of service. There is no limit on the amount of sick leave that may be accumulated by members of this UNIT. 12.2 Based on individual utilization of paid sick leave in the preceding calendar year, employee may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below: 8 Hour 10 Hour 12 Hour Maximum Conversion Schedule Schedule Schedule To Vacation Leave 0 0 0 48 hours .25 to 8 .25 to 10 .25 to 12 36 hours 8.25 to 16 .10.25 to 20 12.25 to 24 24 hours 16.25 to 25 20.25 to 30 24.25 to 36 12 hours over 25 over 30 over 36 0 hours At least 160 hours shall remain in employee's sick leave bank after any conversion is authorized. City of Morro Bay POA Final 2012-2011 Page I 1 ® 12.3 At termination, unused accumulated sick leave is not compensable; however, upon retirement, may be converted to additional time as provided by the PERS sick leave option. ARTICLE 13 - BEREAVEMENT Employees are permitted to utilize three (3) days of paid bereavement leave per occurrence in the case of the death of members of the employee's immediate family (as defined in the Personnel Rules). The three (3) days shall be regardless of shift length, subject.to a maximum of 12 hours per day. Any necessary extra time shall be taken from the employee's accrued sick leave. In cases where sick leave is exhausted, vacation time shall be charged. Paid leave beyond the initial three (3) days is subject to department approval. ARTICLE 14 - RETIREMENT 14.1 It is the employee's obligation to contribute the employee's contribution to PERS. The employee shall pay his/her own contribution by payroll deduction consistent with the provisions of 414 (h) 2 of the Internal Revenue Code. (9% PERS Safety and 8% current PERS Non -Safety employees and 7% second tier PERS Non - Safety employees.) 14.2 The ASSOCIATION understands and agrees that employees bear the risk of payment of any increases in the employee contribution above the current percentage made by action of the PERS or the state legislature. 14.3 Parties agree that CITY payment of PERS contributions are made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. 14.4 Should current tax treatment change, the ASSOCIATION and the employee shall hold harmless the CITY, its officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay part of the employee's PERS contribution. 14.5 Should current tax treatment change, the ASSOCIATION shall have the opportunity to meet and confer regarding any such changes. 14.6 For employees hired prior to September 17, 2011 (or such later date as the PERS contract is amended pursuant to Section 14.7 below) the CITY agrees to continue to provide PERS Safety employees in this UNIT with a retirement benefit program through the Public Employees Retirement System (PERS) as follows: 14.6.1 Highest Single Year Compensation effective 6-22-91 (Section 20042) 14.6.2 Sick Leave Credit effective 6-24-89 (Section 20965) 14.6.3 4th Level Survivor Benefit (Section 21574) 14.6.4 1959 Survivor Benefit effective 6-24-89 (Section 21580) 14.6.5 Military Service Credit effective 6-9-98 (Section 21024) 14.6.6 3% @ 50 Retirement Formula ® City of Morro Bay POA Final 2012-2013 Page 12 14.6.7 Pre -Retirement Optional Settlement 2 Death Benefit 118 14.7 For employees hired on or after September 17, 2011 (or such later date as the PERS contract is amended pursuant to this Section) the CITY will provide a retirement benefit program through Public Employees Retirement System (PERS) the retirement benefits set forth in 14.6 above will be modified and reads as follows. 14.7.1 36 consecutive months final compensation 14.7.2 Sick Leave Credit effective 6-24-89 (Section 20965) 14.7.3 4th Level Survivor Benefit (Section 21574) 14.7.4 1959 Survivor Benefit effective 6-24-89 (Section 21580) 14.7.5 Military Service Credit effective 6-9-98 (Section 21024) 14.7.6 3% @ 55 Retirement Formula 14.7.7 Pre -Retirement Optional Settlement 2 Death Benefit 14.8 For employees hired prior to September 17, 2011 (or such later date as the PERS contract is amended pursuant to Section 14.9 below) the CITY agrees to continue providing PERS Miscellaneous employees in this UNIT with the following PERS benefits: 14.8.1 Highest single year compensation 14.8.2 2.7% at 55 Retirement Formula 14.8.3 Sick Leave Credit Option (Section 20965) 14.8.4 Military Service Credit effective 4-13-00 (Section 21024) 14.8.5 Pre -Retirement Optional Settlement 2 Death Benefit 14.8.6 1959 Survivor Benefit, Level 4 (21574) 14.9 For employees hired on or after September 17, 2011 (or such later date as the PERS contract is amended pursuant to this Section) the retirement benefits set forth in 14.8 above will be modified and reads as follows: 14.9.1 36 consecutive months final compensation 14.9.2 2% at 60 Retirement formula 14.9.3 Sick Leave Credit Option (Section 20965) 14.9.4 Military Service Credit effective 4-13-00 (Section 21024) 14.9.5 Pre -Retirement Optional Settlement 2 Death Benefit 14.9.6 1959 Survivor Benefit, Level 4 (21574) compensation. ARTICLE 15 - HEALTH BENEFITS 15.1 HEALTH INSURANCE 15.1.1 Employees of this UNIT shall participate in the PERS medical insurance plans on a cafeteria style basis, with the CITY contributing the PERS minimum (currently $108/month) to the active employee's medical insurance and $1.00/month or the amount required by PERS to retiree City of Morro Bay POA Final 2012-2013 Page 13 ® medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and retiree. 15.1.2 UNIT employees receive a cafeteria plan contribution (including the amount required by PERS in 15.1.1 above) as follows: Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 — up to $947/month or cost of insurance, whichever is less Employee + family - up to $1050/month or cost of insurance, whichever is less 15.1.3 Effective January 1, 2013, UNIT employees receive a cafeteria plan contribution (including the amount required by PERS in 15.1.1 above) as follows: Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 — up to $967/month or cost of insurance, whichever is less Employee + family - up to $1080/month or cost of insurance, whichever is less 15.1.4 Effective January 1, 2009 cash -back was eliminated except as provided herein. Employees receiving cash -back in December 2008 shall continue to receive the same amount for the term of this agreement except that if a cash -back employee changes the structure of their insurance (add dependents, delete dependents, drop insurance with the CITY, change carriers, etc.) cash -back is not an option. Cash -back will be eliminated for employees during the open enrollment period in 2012 for calendar year 2013, and in subsequent years, if said employees are required (because of eliminated plans) to change carrier. In the event an employee receiving cash -back is forced to make a plan change because the CITY changes plans and/or ceases to contract with PERS for insurance, that employee will maintain cash -back. 15.2 DENTAL AND VISION INSURANCE: 15.2.1 During the term of this Agreement, the CITY shall offer dental/life and vision insurance and each employee shall be required to carry both dental/life and vision insurance for self. Life Insurance is provided at $20,000 per employee. The following rates are effective January 1, 2012. City of Morro Bay POA Final 2012-2013 Paee 14 VISION DENTAL LIFE TOTALS Employee Only $ 8.63 $ 40.07 $3.60 $ 52.30 Employee +1 $17.26 $106.39 . $3.60 $127.25 Employee +2 $22.29 $111.74 $3.60 $137.63 Employee will be responsible for the following monthly amounts for dental/life and vision beginning with the pay period including January 1, 2012: Employee Only $2.93 Employee + 1 $11.75 Employee + 2+ $12.21 CITY will pay the remaining premium for dental/life and vision. 15.3 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. 15.4 The provisions of this section shall be binding on the parties through the remainder of this agreement and for the term of the agreement that will be effective July 1, 2012. The parties agree herewith that no further collective bargaining will occur with respect to this section for the term of the agreement ending June 30, 2013. ARTICLE 16 - EDUCATIONAL INCENTIVES 16.1 P.O.S.T. CERTIFICATES 16.1:1 For UNIT members hired prior to January 1, 1998 and possessing the Intermediate P.O.S.T. Certificate, CITY agrees to pay three percent (3%) over the base salary range and step schedule established for the position classification held by the UNIT member and as specified herein under Article 18, Salaries. 16.1.2 For UNIT members hired prior to January 1, 1998 and possessing the Advanced P.O.S.T. Certificate, CITY agrees to pay six percent (6%) over the base salary range and step schedule established for the position classification held by the ASSOCIATION member and as specified herein under Article 18. Salaries. 16.1.3 For Sworn UNIT members hired on or after January 1, 1998, CITY agrees to pay $120 per month for P.O.S.T. certificates as follows: Intermediate Advanced Sergeant $120 $120 Corporal $120 $120 City of Morro Bay POA l,rna! 2012-2013 Page 15 ® Officer $120 $120 16.1.4 For non -sworn UNIT members possessing the POST Records Supervisor Certificate, CITY agrees to pay $25 per month. 16.1.5 The CITY agrees to pay for Dispatcher P.O.S.T. certificates as follows: Intermediate Advanced $120/month $120/month 16.2 COLLEGE DEGREES 16.2.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above the minimum required in their respective classification. Associate of Arts Degree $ 600 annually Bachelors Degree $1200 annually 16.2.2 If an employee's job description requires an AA degree and the employee has a Bachelor's Degree, the employee will receive only the difference between an AA and a BA degree, or $600 annually. 16.2.3 If an employee's job description requires a degree or if an employee is promoted to a classification that requires a degree, the employee shall not ® receive education incentive pay for the required degree. This section shall not be interpreted to reduce the amount of education incentive pay that any employee hired prior to January 1, 1998 receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee hired prior to January 1, 1998 promotes to a position requiring a degree not required by the lower position, or if the job description for an employee hired prior to January 1998 is revised to require a degree not previously required for the position, the employee shall, for the term of the MOU, continue to receive the amount of the education incentive pay received in the lower position or previous job description. 16.2.4 Based on the new job descriptions for all classifications which were adopted in May 1996, as well as salary survey implementation over the last three years, employees currently in positions now required to hold an AA or BA degree according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees hired on or after January 1, 1998 or current employees promoted on or after January 1, 1998 to positions requiring degrees will be subject to section 16.2.3 above. 16.2.5 Employees hired on or after January 1, 1998 shall not be eligible for this incentive. ® City of Morro Bay POA Final 2012-2013 Page 16 ARTICLE 17 - UNIFORMS 17.1 Uniforms for employees shall be as set forth in Morro Bay Police Department Policy Manual Section 1046, Uniform and Equipment Regulations and Specifications. 17.2 Newly hired employees shall receive a full uniform issue and will receive full uniform replacement as needed until the following July 1. Effective July 1 after hire, such employees shall commence receiving an annual uniform allowance. 17.3 The following uniform articles are covered by the uniform allowance and must meet the department uniform standards: a. Uniform pants b. Uniform shirts - long and short sleeves C. Dress belt d. Ties e. Duty jacket f. Uniform patches 17.4 All maintenance, tailoring and other alterations will be at the employee's expense. 17.5 All optional equipment will be the responsibility of the employee. 17.6 All safety equipment originally issued and replaced by the department remains the Department's property. 40 17.7 The annual uniform allowance for sworn officers shall be $1000.00. The annual uniform allowance for dispatch shall be $700.00. 17.8 The CITY agrees to repair or replace any personal article damaged while on duty, including uniform items as listed above, providing that such article is a reasonable and necessary part of the employee's attire. ARTICLE 18 - SALARIES 18.1 Salaries shall remain unchanged for the term of this agreement. ARTICLE 19 - SPECIAL PAY PRACTICES ifrlfit.41/G1►U7:1'1 19.1.1 Standby duty is defined as that circumstance which requires an employee so assigned to: City of Morro Bay POA Final 2012-2013 Page 17 Be ready to respond immediately to a call for service; Be readily available at all hours by telephone; and Refrain from activities which might impair his/her assigned duties upon call. 19.1.2 Employees on standby shall be compensated for two (2) hours computed at their straight hourly base rate per twenty-four (24) hours of authorized standby time. The twenty-four (24) hours time period is defined as 0700 hours to 0659 hours the following day. Subject to the maximum accrual provisions of Section 10.2.3 employees may elect to receive two (2) straight time compensatory time off hours in lieu of paid standby compensation. 19.1.3 Court standby — Employees on court standby will receive two (2) hours computed at their straight hourly base rate to be available for court callback on off duty days. Subject to the maximum accrual provisions of Section 10.2.3 employees may elect to receive two (2) straight time compensatory time off hours in lieu of court standby compensation. 19.2 CALL BACK 19.2.1 Call back is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's work shift or work week; except that, an early call in of up to two (2) hours prior to the.scheduled start of a work shift shall not constitute a call back; or, employee is required for off -duty court appearance. ® 19.2.2 Required off -duty court appearance. Employees called back shall receive either a two (2) hour minimum computed at straight hourly base rate or pay for all time actually worked, whichever is greater. An employee shall not receive overlapping minimums. 19.2.3 An employee shall not receive standby pay for the same hours he/she received callback pay. 19.3 DISPATCHER TRAINING PAY 19.3.1 An employee who is in the classification of Dispatcher and is assigned to train a new Dispatcher, shall receive an additional one -dollar ($1.00) per hour when he/she actually performs the duties of a Dispatch/Trainer. 19.3.2 The parties agree, the Chief has the right to assign the Dispatcher Training function to any qualified Dispatcher. 19.4 OUT OF CLASS ASSIGNMENT 19.4.1 The term "out -of -class assignment" shall be defined as the full-time performance of the significant duties of a vacant, funded position in one ® City of Morro Bay POA Final 2012-2013 Page 18 classification by an individual in a classification with a lower compensation range. 19.4.2 If an employee is required to work in an out -of -class assignment for more than fifteen (15) workdays, within a calendar month his/her department head shall, with prior approval of the Administrative Services Director, make an acting appointment. Such acting appointment shall be effective on the sixteenth (16th) workday within a calendar month of the out -of -class assignment. 19.4.3 An employee on an acting appointment shall receive a one (1) step increase within the employee's current classification salary as provided by City's Personnel Rules and Regulations. In the absence of available steps within his/her current range, the employee shall be granted a five percent (5%) increase above his/her current base salary. 19.5 BILINGUAL PAY Qualified employees who possess the necessary ability and who are assigned to perform services as an interpreter in Spanish, shall be eligible for additional stipend depending upon the employee's level of bilingual expertise. Qualifications shall be determined by the CITY. 19.5.1 For those employees who,conduct conversational assistance in Spanish on a regular basis, seventy-five dollars ($75) per month stipend is available. 19.5.2 For those employees who interpret and explain legal documents, conduct conversational assistance, and write documents for those persons who speak only Spanish, One Hundred Fifty dollars ($150) per month stipend shall be available. 19.6 FIELD TRAINING OFFICER ASSIGNMENT PAY Individuals in the classification of Police Officer formally assigned a trainee by the Chief of Police or his/her designee shall be compensated at the rate of twelve ($12) dollars per scheduled shift. Compensation will be paid for a scheduled shift only. 19.7 SENIOR OFFICER ASSIGNMENT PAY Up to four (4) individuals may be assigned as Senior Police Officers. This assignment is not a permanent promotion to a higher classification. Continuation in the assignment is based on an annual performance evaluation of "Meets Satisfactory Performance Standards" as well as at the discretion of the Chief of Police. Senior Police Officers will be compensated at the rate of 5% above base pay for the term of the assignment. While receiving Senior Officer Assignment pay, employees are not eligible for Field Training Officer pay. City of Morro Bay POA Final 2012-2013 Page 19 Incumbents in the Corporal classification will maintain status in the Corporal class, and maintain the terms and conditions of the classification as they existed at the time of their promotion; however, if the incumbents in the Corporal classification leave the positions (due to promotion, retirement, etc...), the Corporal classification revert to assignments of Senior Officers as provided above. No individual may be concurrently assigned as both a Senior Officer and Detective. 19.8 DETECTIVE ASSIGNMENT PAY Up to two individuals may be assigned as Detectives. The Detective assignment is not a permanent promotion to a higher classification. Continuation in the assignment is based on an annual performance evaluation of "Meets Satisfactory Performance Standards" as well as at the discretion of the Chief of Police. Detectives will be compensated at the rate of 5% above base pay for the term of the assignment. Incumbent Corporals may apply for, and be appointed to the Detective assignment. If appointed, Corporals will maintain status in the Corporal class and maintain the terms and conditions of the classification as they existed at the time of their promotion. When the Detective assignment ends, the Corporal may be placed into a Senior Officer assignment or a regular officer position; still in the Corporal classification with the terms and conditions of the Corporal classification being maintained. No individual may be concurrently assigned as both a Senior Officer and Detective. ARTICLE 20 - BULLETIN BOARD 20.1 CITY agrees to furnish space for ASSOCIATION -purchased bulletin boards of reasonable size for the posting of ASSOCIATION material. Location of such bulletin boards shall be at the Police Station in an area commonly used for briefings or meetings. 20.2 ASSOCIATION agrees it shall not use bulletin boards to ridicule, defame, or harass any City employees, officer or agent. ARTICLE 21 - PROBATIONARY PERIOD The parties agree that any appointments to fill vacant positions shall be subject to the following probationary periods: ® City of Morro Bay POA Final 2012-2013 Page 20 Sworn personnel 18 months Non -sworn personnel 12 months ARTICLE 22 - DRUG AND ALCOHOL TESTING ASSOCIATION agrees to the terms of the Substance Abuse and Testing Policy adopted by the Morro Bay City Council pursuant to Resolution No. 14-99. ARTICLE 23 - GRIEVANCE PROCEDURE 23.1 The ASSOCIATION agrees that whenever investigation or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. It is further agreed that the time spent on an investigation and processing of grievances will not interfere with the normal operation of the department. CITY agrees to provide every reasonable amount of time for the investigation and the processing of a grievance, but by so agreeing does not imply that the processing or investigation of a grievance shall take priority over normal functions of the department. CITY further agrees that any payment of overtime arising because of UNIT personnel's involvement in grievance investigation or processing shall not be authorized. Time spent on the investigation and processing of grievances will be recorded on a form provided by CITY. Stewards will be permitted reasonable time -off with pay for the investigation and processing of grievances provided, however, stewards shall first obtain permission from the department head and/or his/her designee and inform him/her of the nature of his/her business. CITY shall grant such permission promptly unless such absence would cause an undue interruption of work or would require the CITY to pay overtime in order to maintain the normal operation of the department. , Upon entering the work location, the steward shall inform the department head and supervisor of the nature of his/her business. Permission to leave a job will be granted to the employee involved unless such absence would cause an interruption of work. If the employee cannot be made available, the steward will seek an alternate time for employee availability with the department head or supervisor. It is agreed that in some instances the investigation and processing of a grievance may be accomplished on the employee's time. This agreement is in recognition of the mutual sharing of costs involved in the handling of employee -initiated actions. (•�c��1:1:71�I.9q The primary purpose of this procedure shall be to provide a means whereby an. employee, without jeopardizing his employment, can express a personal grievance relating to his wages, hours of work, and working conditions, and obtain a fair and equitable disposition of his grievance. City. of Morro Bay POA Tina! 2012-2013 Page 21 0 I 0 23.3 ASSOCIATION REPRESENTATIVE The CITY agrees that the ASSOCIATION may designate a representative to represent employees in the processing of grievances. The ASSOCIATION shall furnish the City Manager with a written list identifying by name and work location all regular and alternate representatives and the list shall be kept current by the ASSOCIATION at all times. The representatives are to begin investigating grievances only after the employee has tried to resolve the problem with his/her immediate supervisor and the two parties have failed to reach resolution of the problem. 23.4 PROCEDURE Procedures shall be in accordance with Resolution No. 46-74 and any amendments thereto. ARTICLE 24 - NO STRIKE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK 24.1 ASSOCIATION agrees not to cause, authorize, advise, encourage or participate in any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slow -down of work. The term 'other concerted action" includes picketing or boycott activities by the ASSOCIATION. 24.2 Participation by any employee in any activity resulting in interruption of work or other concerted action or use of paid or unpaid leave for these purposes shall subject employee to disciplinary action, up to and including, discharge. When the City Manager has reason to believe that such leave is being used as a method of interruption work, the burden of proof of illness is upon the employee. Doctor's statements can be required in accordance with Resolution No. 34-83, Personnel Rules & Regulations, Section 13.B.4. ARTICLE 25 - FULL UNDERSTANDING, MODIFICATION, WAIVER 25.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 25.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 25.3 No agreement, alteration, understanding variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if Or%, of Morro Bay POA Final 2012-2013 Pale 22 required, approved by the CITY and ratified by the membership of the ASSOCIATION. 25.4 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 26 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Date: Date: MORRO BAY PEACE OFFICERS ASSOC. CITY OF MORRO BAY Enrique S. Cantu, President Robbyn Smith, Employee Representative Robert D. Hufstetler, Employee Representative Andrea K. Lueker, City Manager Susan Slayton, Admin. Services Director William Avery, Consultant City of Morro Bay POA Final 2012-2013 Page 23 E RESOLUTION NO. 39-12 ® RESOLUTION OF THE CITY OF MORRO BAY ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY FIREFIGHTERS AND RELATED COMPENSATION THE CITY COUNCIL City of Morro Bay, California WHEREAS. in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 7=4-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages. benefits and conditions of employment with the Morro Bav Firefighters: and WHEREAS. the meetings between the Morro Bav Firefighters, and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Firefighters, accept all of the terms and conditions. as set forth in a Memorandum of Understanding as attached and made a part of this Resolution herewith: and WHEREAS. the City now desires to provide said salaries. benefits and conditions to said Fire employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the Citv Council of the Citv of Morro Bay. ® that it hereby approves and adopts; in full, the Memorandum of Understanding for the period September 26. 2012 through June 30. 2013. as attached and made a partof this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bav thattheCity Manager is herebv authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bav at a meeting thereof held this 25"' day of September. 2012 by the following vote: AYES: Borchard, Johnson. Leage. Smukler, Yates NOES: None ABSENT: done ATTEST: hm4A� JA-N6& BOUCHER. City Clerk u u r� Table of Contents ARTICLE1 PURPOSE.............................................................................................................................. 1 ARTICLE 2 MANAGEMENT..................................................................................................................... 1 ARTICLE 3 MBFF RECOGNITION........................................................................................................ 44 ARTICLE 4 MBFF BUSINESS................................................................................................................ 55 ARTICLE 5 AUTHORIZED AGENTS...................................................................................................... 55 ARTICLE 6 WITHHOLDING OF MBFF DUES AND INSURANCE......................................................... 66 ARTICLE7 TERM ........................... :....................................................................................................... 66 ARTICLE 8 RENEGOTIATIONS..................................................... %....................................................... 66 ARTICLE 9 ANTI-DISCRIMINATION...................................................................................................... 77 ARTICLE 10 WORK SCHEDULE........................................................................................................... 77 ARTICLE 11 VACATIONS AND HOLIDAYS........................................................................................... 88 ARTICLE 12 SICK LEAVE.................................................................................................................. 1040 ARTICLE 13 RETIREMENT BENEFITS............................................................................................. 1144 ARTICLE 14 HEALTH BENEFITS...................................................................................................... 1242 ARTICLE 15 EDUCATIONAL INCENTIVES................................................................................... 144442 ARTICLE 16 UNIFORM ALLOWANCE........................................................................................... 154544 ARTICLE 17 SALARIES.................................................................................................................. 164615 ARTICLE 18 SPECIAL PAY PRACTICES...................................................................................... 164645 ARTICLE 19 HEALTH AND SAFETY ARTICLE............................................................................. 174746 ARTICLE 20 MINIMUM STAFFING............................................................................................... 184847 ARTICLE 21 PERSONNEL RULES................................................................................................ 191s317 ARTICLE22 LAYOFFS................................................................................................................... 194-9 8 ARTICLE 23 PROCESSING OF FORMAL GRIEVANCES............................................................. 194848 ARTICLE 24 ELIMINATION OF FIRE SERVICE............................................................................ 202049 ARTICLE25 CAL FIRE................................................................................................................... 202049 ARTICLE 26 NO STRIKE, NO LOCK-OUT..................................................................................... 212149 ARTICLE 27 FULL UNDERSTANDING, MODIFICATION, WAIVER ............................................. 212449 ARTICLE28 SEVERABILITY.......................................................................................................... 212120 Mono Bay Firefighters Unit 2914 2012-2013MOU Page MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY FIRE FIGHTERS AND THE CITY OF MORRO BAY 2011-2012 -2013 ARTICLE 1 PURPOSE WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure because it is a public entity rather than a profit - making business; and WHEREAS, the Morro Bay Fire Fighters and the City of Morro Bay recognize that the mission and the purpose of the City is to provide high -quality and economical municipal services and facilities to the residents of the City of Morro Bay: THEREFORE, this Memorandum of Understanding is entered into as of Desember -1-a September 26, 2814?PlZ between the City of Morro Bay, referred to as CITY, and the Morro Bay Fire Fighters, referred to as MBFF. ® It is the intent and purpose of this memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 MANAGEMENT 2.1 In order to ensure that the City shall continue to carry out its public safety functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public safety service for the citizens of Morro Bay, the City continues to reserve and retain solely and exclusively all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law and those City rights set forth in the City's Personnel Rules and Regulations and including but not limited to the following: 2.1.1 To manage the Fire Department and determine policies and procedures and the right to manage the affairs of the Department. 2.1.2 To determine the existence or nonexistence of facts which are the basis of the management decision in compliance with State law. Morro Bay Firefighters Unit 2011-2012-2013MOU Page 1 ® 2.1.3 To determine the necessity, organization, implementation, and termination of any service or activity conducted by the City or other government jurisdiction and to expand or diminish fire services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees in accordance with Department or City rules, regulations, or ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of fire services to be provided to the public. 2.1.6 To require performance of other public safety services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the City. 2.1.7 To lay off employees of the Fire Department because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the City. 2.1.8 To determine and/or change the fire facilities, methods, technology, equipment, operations to be performed, organization structure, and allocate or assign work by which the City fire operations and services are to be conducted. 2.1.9 To determine method of financing. 2.1.10 To plan, determine, and manage Department's budget which includes, but is not limited to, changes in the number of locations and types of operations, processes and materials to be used in carrying out all Fire Department functions and the right to contract or subcontract any work or operations of the Fire Department. 2.1.11 To determine the size and composition of the Fire Department work force, assign work to employees of the Fire Department in accordance with requirements determined by the Fire Department and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this agreement, or subsequent agreements. 2.1.12 To establish and modify goals and objectives related to productivity and performance programs and standards, including but not limited to quality and quantity, and required compliance therewith. Morro Bay Firefighters Unit 2034-2012-2013MOU Page 2 ® 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees in accordance with division and/or City Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives.of the Fire Department and to take necessary action to achieve the goals and objectives of the Fire Department. 2.1.15 To hire, transfer intra or inter Department, promote, reduce in rank, demote, reallocate, terminate and take other personnel action for non - disciplinary reasons in accordance with Department and/or City Rules, Regulations and Ordinances. 2.1.16 To determine policies, procedures and standards for recruiting, selecting, training and promoting employees. 2.1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. ® 2.1.18 To maintain order and efficiency in fire facilities and operation. tL J 2.1.19 To restrict the activity of an employee organization on City facilities except as set forth in this agreement. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the City in emergencies or any other time deemed necessary by the City and not specified above. 2.2 Nothing herein is.meant to diminish City rights provided by the Government Code. 2.3 Nothing herein is meant to diminish employee rights as provided by the Government Code including the right to meet and confer on changes in standards for promotion. Morro Bay Firefighters Unit 2911 012-2013MOU Page 3 ® ARTICLE 3 MBFF RECOGNITION 3.1 Pursuant to Resolution No. 74-69, the Employer -Employee Relations Resolution of the City of Morro Bay and applicable state law, the Morro Bay Fire Fighters, was designated by the City of Morro Bay as the representative of City fire fighting employees. The term "employee" or "employees" as used herein is comprised of the following classifications: Captain/Paramedic Captain Engineer/Paramedic Engineer Firefighter/Paramedic Firefighter 3.2 Employees working on a regular basis in a classified position, but less than full- time, shall receive vacation and sick leave accruals on a pro -rated basis commensurate with hours worked. All benefits for new hires, including insurance benefits, will be allocated on a pro -rated basis commensurate with hours worked. 3.3 FIRE ENGINEER RATING ® 3.3.1 It is recognized, in principle, as long as the full-time MBFF personnel complement of the Morro Bay Fire Department remains at ten (10) or less, that efficient operation of the Department requires an increase in the authorized number of Fire Engineers. Accordingly, CITY agrees to promote to Fire Engineer all personnel classified as Fire Fighter hired . after the effective date of this agreement provided that they have served for eighteen (18) months with the CITY in the Fire Fighter classification; that at the completion of eighteen months of employment, they have been recommended by the Fire Chief for promotion and have demonstrated, through successful completion of written and practical examinations that they have successfully completed six semester units of Fire Science - courses at an institution approved by the Fire Chief. The City shall make every effort to schedule the examination to be completed prior to the expiration of eighteen months. The content and passing grade of the written and practical examinations will be determined by the Fire Chief subject to the approval of the City Manager. E 3.3.2 An individual recommended for promotion, and failing to attain a passing grade in either the written or practical examination, shall not be eligible for reexamination until six (6) months after the date of failure. Morro Bay Firefighters Unit 201-12012-2013MOU Page 4 ® ARTICLE 4 MBFF BUSINESS 4.1 Employee representatives designated by the MBFF shall be granted time off, without loss of pay, to attend "meet and confer" sessions with the Municipal Employee Relations Officer and/or his designee on subjects within the scope of representation when such meetings are scheduled during regular working hours. Should such meeting extend beyond an employee representative's regular working hours, the employee representative shall be paid for only the regular working hours. 4.2 It is understood that this time -off provision shall only apply to a maximum of two employees attending any one meeting between CITY and MBFF where exceptional circumstances warrant, the City Manager may approve the attendance at such meetings of additional employee representatives. The MBFF shall, whenever practicable, submit the names of all employee representatives to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further (1) that no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official; and (2) that any such meeting is subject to scheduling by City management in a manner consistent with operation needs and work schedules. ® 4.3 Off -duty employees will not be paid for attending meet and confer sessions, nor will over -time be paid for same. The parties agree to consider the shift schedules of team members in scheduling meetings. 4.4 MBFF may hold unit meetings at the Fire Station, 715 Harbor Street, after 1700 hours with two days' prior notice to Fire Chief. The Fire Chief has the authority to deny and/or cancel said meeting if it conflicts with official City activities for MBFF duties. ARTICLE 5 AUTHORIZED AGENTS For the express purpose of administering the terms and provisions of this agreement: 5.1 Management's principal authorized agent shall be the City Manager or his/her duly authorized representative (address: 595 Harbor Street, Morro Bay, CA 93442; telephone (805) 772-6200) except where a particular management representative is specifically designated in the agreement. 5.2 The Morro Bay Fire Fighters principal authorized representative shall be the shop steward of the Unit, or his/her duly authorized representative (address 715 Harbor St., Morro Bay, CA 93442). Mono Bay Firefighters Unit 281-a-2012-2013MOU Page 5 ® ARTICLE 6 WITHHOLDING OF MBFF DUES AND INSURANCE 6.1 It is agreed that CITY will withhold MBFF dues and MBFF group insurance premiums from the monthly pay of each regular City employee who is a member of the MBFF. MBFF agrees to provide CITY with individual MBFF member authorizations signed by the individual MBFF member authorizing CITY to make agreed deductions; specifying the amount of each deduction; and authorizing CITY to issue a check, payable to MBFF, for the collective amount of the individual deductions. CITY does not accept responsibility for computing the amounts of deductions or for meeting payment dates which may not coincide with established pay periods. CITY will issue a single check to the MBFF for the total amount of deductions withheld from the individual employees' pay. The MBFF will be responsible for the accounting and disbursing of all such funds received from CITY. MBFF will be responsible for properly notifying CITY of any changes in deductions and will be the sole agent through which CITY will act in explaining, initiating, executing, or terminating the provisions of this Article. Such notification must be received by the CITY at least two weeks prior to the effective date of the change. Also, such change notice must include a copy of the notice sent to the employees officially telling them of the change. 6.2 MBFF shall indemnify and hold harmless the City of Morro Bay, its officers, agents, and employees from any and all claims, demands, damages, costs, ® expenses, or liability arising out of this Article_ 6.3 It is agreed that CITY will deposit payroll deductions made payable to a City approved Credit Union providing the MBFF makes arrangements for such services that are acceptable to both members and CITY. ARTICLE 7 TERM Except as otherwise specifically provided herein, the term of this Memorandum of Understanding commences on daly 1September 2Q-2012 and expires and is otherwise fully terminated June 30, 2D422013 ARTICLE 8 RENEGOTIATIONS 8.1 In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other during the period of December 15, 2011 2012to January 15, 20422D13 its written request to begin negotiations as well as it's full and entire written proposals amending this agreement. 8.2 The parties agree that, except by mutual agreement, no new subjects may be introduced into the process after the third (3rd) negotiations meeting. ® 8.3 Should the parties be unable to reach agreement on a new contract before the current contract expires, all applicable provisions of this Agreement shall remain Morro Bay.Fire(ghters Unit 201-12012=2013MOU Page 6 ® in full force and effect until such time as a new Agreement is reached, or September 30, 2-9�013 whichever first occurs. ARTICLE 9 ANTI -DISCRIMINATION The CITY and MBFF mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 10 WORK SCHEDULE This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or work per week or of days of work per week. 10.1 WORKDAY The normal workday shall be a twenty-four (24) consecutive hour period, except in cases of emergency or for reasons of attendance at extended training opportunities, or temporary duty assignments while on light duty when other shifts may be assigned by the Chief provided there is mutual agreement between the parties. 10.2 WORKSHIFT ® Employees shall be scheduled to work on regular work shifts having regular starting and quitting time. Except for emergencies, employees' work shifts shall not be changed without four days (96 hours) prior written notice to the employee. Call out or overtime does not constitute a change in work shift. E 10.3 WORKWEEK The normal workweek shall average fifty-six (56) hours of work in a seven (7) consecutive day period, except in cases of emergency. 10.4 OVERTIME 10.4.1 Overtime is defined as all hours worked in excess of 106 hours worked in a 14 day work period. For those assigned to an 8-hour day, overtime shall be defined as all hours worked in excess of forty -hours per week. Vacation time and compensatory time off hall be treated as hours worked. 10.4.2 All overtime as defined above shall be paid at one and one-half (1.5) times the employee's regular rate of pay. Compensatory time off earned pursuant to 10.4.4 below will accrue at one and one-half (1.5) times hours worked. Morro Bay Firefighters Unit 2041-2012-2013MOU Page 7 ® 10.4.3 Employees required to return to work on a scheduled vacation day, shall be paid at the rate of 1.5 times their regular rate of pay for the hours actually worked. 10.4.4 Employees may elect compensatory time off (CTO) in lieu of paid overtime subject to the following provisions. 10.4.4.1 CTO may be elected for overtime incurred due to training time only. 10.4.4.2 Maximum CTO accrual will be 140 hours. All overtime earned after CTO is accrued to the 140 hour maximum will be paid in cash. 10.4.4.3 Accrued CTO may be cashed out upon the request of the employee and the approval of the department. CTO'accrued at time of separation will be paid off. 10.4.4.4 CTO may b e taken off upon employee request and department approval. CTO will not be approved if it will require overtime. 10.4.4.5 Other overtime provisions notwithstanding, employees forced to ® hold over for 12 hours or more will receive time and one half compensation for the hours worked on that day. 10.5 EMERGENCIES 10.5.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. 10.5.2 Such emergency assignments shall not extend beyond the period of said emergency. 10.5.3 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. ARTICLE 11 VACATIONS AND HOLIDAYS 11.1 CITY and MBFF agree that difficulties exist in equating the work schedules of fire fighters to the work schedule of non -shift personnel, i.e., shift periods compared to hours and days worked by other City employees. Therefore, a formula is agreed to for computing the vacations and holiday periods for fire fighters. Such formula is agreed to be a ratio as follows: Fire fighter's total available shifts per ® year is to the general employees' total available work days per year (260) as X is to the number of authorized vacation and holidays days of the general Mono Bay Firefighters Unit 2^�012-2013MOU Page 8 ® employees; when X equals the amount of shifts off for fire fighters comparing fire fighters to employees of equal tenure. 11.2 Pursuant to Section 11.1, the following lists the vacation and holiday annual accrual schedule for members of the MBFF assigned to shift work: SERVICE VACATION HOLIDAY TOTAL ANNUAL SHIFTS/ YEARS ACCRUAL ACCRUAL ENTITLEMENT YEAR 0 thru 2 112.0 hrs. 146.96 hrs. 258.96 hrs.. 10.792 3 thru 4 123.2 hrs. 146.96 hrs. 270.16 hrs. 11.257 5 thru 6 134.4 hrs. 146.96 hrs. 281.36 hrs. 11.723 7 thru 8 145.6 hrs. 146.96 hrs. 292.52 hrs. 12.19 9 thru 10 156.8 hrs. 146.96 hrs. 303.76 hrs. 12.657 11 thru 12 168.0 hrs. 146.96 hrs. 314.96 hrs. 13.123 13 thru 14 179.2 hrs. 146.96 hrs. 326.16 hrs. 13.59 15 thru 16 190.4 hrs. 146.96 hrs. 337.36 hrs. 14.057 17 thru 18 201.6 hrs. 146.96 hrs. 348.56 hrs. 14.523 19 thru 20 212.8 hrs. 146.96 hrs. 359.76 hrs. 14.99 21 + 224.0 hrs. 146.96 hrs. 370.96 hrs. 15.547 11.3 MAXIMUM ACCUMULATION ® It is recognized long-standing accumulations of vacation/holiday time exist for some employees. In order to compensate employees for this unused time, CITY and MBFF agree on the following policy: 11.3.1 Unused vacation/holiday leave may be carried over into the following year to a maximum of two times an employee's annual accumulation of vacation time plus one year of holiday time (I46 96fieaf-s3 Employees exceeding the maximum as of the pay period containing November 1 of each year will be paid off for time exceeding the maximum. The City shall make said payment with the pay period containing December 1 of each year. Payment shall be computed based upon the employee's base hourly rate of pay as of June 30 of the same calendar year. 11.3.2 Employees separating from the City are entitled to pay for the accumulated vacation based upon employee's base hourly rate of pay as of June 30 prior to separation. 11.4 The following holidays are used in Section 11.2 above to determine total annual entitlement. Employees may be scheduled to work on holidays. All employees except those assigned to 8-hour shifts shall be compensated for holidays as provided in 11.2 above. ® Independence Day July 4 Mono Bay Firefighters Unit :2044 012-2013MOU Page 9 Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Martin Luther King Birthday Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday Floating Holiday 1 st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May Varies Varies 11.5 For any additional holiday proclaimed by the Mayor, shift employees shall be paid for 11.2 hours of work,,:andemployees assigned to eight hour duty shall receive the holiday off. Employees may be scheduled to work on such holidays. ARTICLE 12 SICK LEAVE 12.1 It is agreed that the firefighters will earn sick leave per month at the same ratio that their assigned shift schedule compares to other full-time employees (1.4:1) for 24-hour shift workers or (1.0:1) for eight -hour shift employees. There shall be ® no maximum number of sick leave hours that a member of MBFF may accrue. 12.2 All use of sick leave shall be charged on an hour -for -hour basis. 12.3 At termination, accumulated in the Sick Leave Accrual is not compensable; however, upon retirement, may be converted to additional time as provided by the PIERS sick leave option. 12.4 Any use of sick leave covering a period beyond seven calendar days may require approval by a qualified medical authority for release to resume regular duties. 12.5 Recognizing Section 12.1 above requires a transition from the method of accruing and charging sick leave contained in earlier Memoranda of Understanding, the following conversion of previously accrued sick leave shall be made: 12.5.1 For shift workers, all Sick Leave hours accrued but unused as of December 31, 2002, shall be multiplied by a factor of three (3) and shall become the employee's Sick Leave Accrual account until utilized on an hour for hour basis. 12.5.2 Credits added to the Sick Leave Accrual account for full-time employees after the date above shall be 11.2 hours per month or 0.046154 hours ® for each regular hours worked for part-time employees on shift work or eight (8) hours per month for employees assigned to an eight -hour day. Morro Bay Firefighters Unit 2944 012-2013MOU Page 10 0 ARTICLE 13 RETIREMENT BENEFITS 13.1 The City shall GORtFibute a total Of RiRe (9) peFGeRt Gf aR empleyees' salary GA behalf of the employee to the Publie Employees RetiFeFneRt System (heFeiRaft ... GITY to satisfy the employee's obligatiOR tO GORtFibute to PERS. 13.3 .. - having them paid by the CITY tA PPRS; n.n. behalf ef the empleyee- 13.5 PaFties agFee that CITY payment of PERS GGRtFibutiens aFe Made based upGn iReluding but not limited tG liability feF ba& taxes, aF;S;Rg Out f this agreeMeRt 13. 19 The CITY agrees to continue to provide PERS Safety employees in this unit hired priorto iMardh 19, 2011 with a retirement benefit program through the Public Employees Retirement System (PERS) as follows: (Section References are to the California Government Code) 13.81.1 Highest Single Year Compensation (Section 20042) 13. 91.2 Sick Leave Credit (Section 20965) 13.81.3 1959 Survivor Benefit (Section 21580) 13.91.4 3rd Level Survivor Benefit (Section 21573) 13. 81.5 4th Level of 1959 Survivor Benefits (Section 21574) 13.81.6 3% @ 50 Retirement Formula (Section 21362.2) 13.29 E-sseGfive a aFuh 19 2014 ^II Rewly hiFedemployees hired on or after March 19, 2011 in the regular full time classifications listed in Article 3.1 of this MOU ® between the City of Morro Bay and the Morro Bay Firefighters shall be esvered by the 0 @ 55 retirement faFmwla with final GampeRsatian based 9R the Mono tray Firefighters Unit 29442012-2013MOU Page 11 l� J 04he;hjghest,p id36-s z6fti e.4n nthsProvided:with.a:retirement benefit program;through:theiP.ublicEmplovees,RetirementZsytem (PERS)as follows: 1:32.1 " :36:consecutive months.fmal:compensation 13:22 Sidk�(eave+Credit(Section20965) .132.6 :3%(a_:55 Retirement.F.ormula 13.3 City_and,MBRF Imiointly explore the establishment.af.an.employee funded ;Retirement :Health ;Savings.Accourit. 13A Employees:are+responsible for:payinp.the entire emploveeiretirement ,contribution. This %contributionwill:be.madeion ;a -tax ideferred:basis:pursuantto .IRS +Code Section 4140)(2). ARTICLE 14 HEALTH BENEFITS 14.1 City shall pay to each active employee by each pay period the monthly sum of the health plan selected by the employee, and dental/life and vision plans. CITY and MBFF agree that City payment of this lump sum is to be used to provide medical care coverage for the employee and/or employees dependents, and that the employees hold harmless the City, its officers and agents, including but not limited to liability arising out of this agreement. Employees will be supplied with the current division of payment for medical, dental/life, and vision insurance between City and each employee in MBFF as changes occur during this Agreement. 1 14.2 MHEALTHINSURANCE 14.2.1fEmployees,ofthis UNIT shall:participate;in the,PERS.medical;insurance ;insurance rand-$1..,00hnonth OTIthe amountireguired bv:PERS tDxetiree medical!insurance. Any icosts ,in excess,of these,contribution.rates shall tie Paid;bv the employee and retiree. Morro Bay Firefighters Unit :29442012.2013MOU Page 12 ® 1422'UNIT:emploVeeslreceivea:cafeteria:plan:contribution(includingthe iamountrreguiredibyPERSiin 1,42..l above) asirillows: Employee�only-aupto:S71:51month or:cost oflinsurance..whichevenisMess :Employee + 1—;up to S947/month,oricostbfiinsurance, Whicheveriisless Employee + farriily -lup to:S1'DSDlmonth,orcostiofiinsurance, •whichever is i less 142:3'Effective January 1,201:3c(beginningDecember 1,:2012), UNIT employees=shalllreceive a:cafeteria ililan contribution (includ'rng;the .amountsreauired by PERSiin 14.2.:1:above)-as ifollows: Employeeloniy-'up:to_$715/monthor�cost!ofiinsurance, whicheveriis less Employee + 1—.up.to'5967./month ior, cost iofInsurance, -Whichever=isless Employee+fiamily-upto S1080/month<or•cost,ofiinsurance, whichever. -is ;less 1 A 7 1 :Cm levees of the MBFF shall ver+ibipate JR the PEES .Medisnl Pans en a G Efe.teria isfille basi ..ihh the Gifie. entributinn+he'DGD C.ninim, wn to the astiye nle.eed' ee7innl+in nd 1,1 inn p en+h erthe-em .n+ m rl'h..DCDC +em+'.m .. 7:n-;I •in ..+h re..nh •Tlese..:her"�r111 emnleyee nd re:t'r 14 .7� :The .!'`.ITV. shall .effnr- those DGDC r:Mnn ..ih:nh are .-�:Mb nrl ..-+.a. Jaye shall be imn. red to ediGal :n e fer +hemnal.ms enrl fnr dependents:if dependent Gave4s leGterl The e, loye �themfem-will he re ,red to a .mhe ethe neGessaFy and a ria veiin.;l::ns,.mn +. frem -, n yy that.m ..'he offered ta4.e-e r:levee on a nafe+e Fia st'le' axis In -n Gase, mghll 4he e le.ree e.any of the n ee+inn elected -e a _reonM r.f this - proposal. 142 3 99en Kh 4Ms ., shall be.nyided as fellm%s: 142.3 1 Emlaye-es of -thin nit &bll ve.+ie pate in rl -.basis, +he PERS-mein�l nle is an a efeterr. style he .i:+h the/`ITV .aim girlie aNnauranne.and $1 OOlmenth of the arRIG .n+ re ..-eel b DCDC't Fetifee edi elins,.m An., estn in exGess of tpph��e��s��,,e,,..,,..G�. ntrih,.+ien mmtes shall b e aid by the a lgyee.and R etime. jJ Morro Bay Firefighters Unit =-2012-2013MOU Page 13 .... .. 14.3 DENTAULIFE AND VISION INSURANCE During the term of this Agreement, the CITY shall offer dental/life and vision insurance and each employee shall be required to carry both dental/life and vision insurance for self. Life Insurance is provided at $20,000 per employee ($30!000'beginning_January 1., 2013) The following rates were effective January 1, 24142012 VISION DENTAL LIFE TOTALS Employee Only $ "8.63 $ 40:07 $160 $ ;52.30 Employee +1 $1726 31106.39 $3;60 $12725 ® Employee +2 $2229 '$111 74 `$3.60 $1:37.M €molayee y 4$3T26 ' 1 6.39 '$5.68 $129 3 E-moleyee=Q 2-229 4106.39 $5.68 'S134:36 Employee will be responsible for the following monthly amounts for dental/life and vision beginning with the pay period including January 1, 24442012 Employee Only $2.3293 Employee + 1 $ 111.75 Employee + 2+ $'Sd2212.21 CITY will pay the remaining premium for dental/life and vision. ARTICLE 15 EDUCATIONAL INCENTIVES 15.1 COLLEGE DEGREES 15.1.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above the minimum required in their respective classification. ® Achievement in Fire Science $ 300 annually Associates Degree $ 600 annually Morro Bay Firefighters Unit 2911 012-2013MOU Page 14 ® Bachelor's Degree $1200 annually 15.1.2 If an employee's job description requires an Associate's degree and the employee has a Bachelor's Degree, the employee will receive only the difference between an Associate's and a Bachelor's degree, or $600 annually. 15.1.3 If an employee's job description requires a degree or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. This section shall not be interpreted to reduce the amount of education incentive pay that any employee hired prior to January 1, 1998 receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee hired prior to January 1, 1998 promotes to a position requiring a degree not required by the lower position, or if the job description for an employee hired prior to January 1, 1998 is revised to require a degree not previously required for the position, the employee shall, for the term of this MOU, continue to receive the amount of education incentive pay received in the lower position or ® previous job description 15.1.4 Based on the new job descriptions for all classifications which were adopted in May 1995, as well as salary survey implementation over the last three years, employees currently in positions now required to hold an AA or BA degree according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees hired on or after January 1 1998 or current employees promoted on or after January 1, 1998 to positions requiring degrees will be subject to section 15.1.3 above. 15.1.5 Employees hired on or after January 1, 1998 shall not be eligible for this incentive. Additionally, employees in this unit hired prior to January 1, 1998 and in the process of obtaining their AA or BA degree have until December 31, 2000 to obtain said degree and be eligible for the incentive. After December 31, 2000, this incentive shall expire except as otherwise set forth in this section. ARTICLE 16 UNIFORM ALLOWANCE The uniform for the Fire Department is a two-piece work uniform, and two T-shirts, of a style, material and manufacture determined by the Fire Chief. Two (2) complete uniforms will be provided upon initial employment with the Fire Department and replacements provided are on an "as needed basis" as determined by the Fire Chief. Morro Bay Firefighters Unit 201-4-2012-2013MOU Page 15 ® The CITY will provide safety footgear of a type, style and manufacture as recommended by the Fire Chief. CITY is responsible for normal upkeep, i.e., heels and soles, with replacement as determined by the Fire Chief. ARTICLE 17 SALARIES 17.1 alaries shall be unchanged for the term of this agreement. Attached Exhibit B reflects salaries for members of this unit for the duration of this Agreement. 17.2 All salary adjustments, including but not limited to meritincreases, educational incentives, and any other pay adjustments will take effect at the beginning of the next payroll period after the scheduled effective date of the increase. 17.3 Any and all education/special pay incentives will be added to base salary. 17.4 Electronic Deposit. All employees hired after January 1, 2003 shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH member financial institution. ® 17.5 The following agencies shall be utilized for compensation comparison purposes: Arroyo Grande, Atascadero, CDF, Cambria, Paso Robles, and San Luis Obispo. 17.6 M" BFFto conduct;a-compar2ible,cities compensation;surveypiiorto.the commencemenbeinegotiationsiforthe,period'bedinning JUIIV 1.2013. ARTICLE 18 SPECIAL PAY PRACTICES 18.1 MEDIC DIFFERENTIAL 18.1.1 An employee certified as an EMT-P (Paramedic) shall receive a monthly differential as follows: $ 450/month 18.1.2 The City may require any employee to attend EMT-P training. 18.2 CALL -OUT PAY 18.2.1 It is agreed that the CITY will guarantee a minimum of two hours pay, computed at straight hourly rates, for any MBFF member called back to duty from an off -duty status. Morro Bay Firefighters Unit 29442012-M3MOU Page16 ® 18.2.2 If an employee is called to return to duty, such call -out shall not be canceled until the employee reports to the fire station.. To be eligible to receive the minimum, the employee must report to the fire station. El 18.2.3 If an employee is on -duty and held beyond the end of the work period, time worked will be paid as actual hours worked under Section 10.4 of this agreement. Such holdover shall not qualify for Call -out Pay. 18.3 WORKING OUT -OF -CLASS Employees may be worked on an out -of -class assignment only as provided in the Personnel Rules and Regulations of the City of Morro Bay, except as provided herein below: 18.3.1 Employees shall receive an additional 5% compensation for out -of -class assignments that last 24 consecutive hours. Such additional 5% pay shall start on the 25th hour retroactive to the first hour of the out -of -class assignment. Such additional compensation shall be paid during the first six (6) months of the out -of -class assignment. 18.3.2 If the assignment is extended by 6 months, then starting on the first day of the extension: 18.3.2.1 the employee shall continue to receive the 5% compensation if the out -of -class assignment is required to fill an absence due to an employee who is out on 4850 leave. 18.3.2.2 the employee shall receive an additional 5% for a total of 10% additional compensation if the out -of -class assignment is required to fill a vacant position. 18.3.3 An employee placed in an out -of -class assignment will not be taken off that assignment for the sole purpose of avoiding the payment provided above. 18.3.4 Whenever possible, City intends to fill vacancies with qualified employees. ARTICLE 19 HEALTH AND SAFETY ARTICLE 19.1 Management shall provide and maintain safe and healthy work facilities and equipment. 19.2 Safety and health conditions in employment in the City of Morro Bay are subject to the provisions of State and Federal legislation which regulates the health environment and safety conditions of the work place. Morro Bay Firefighters Unit -2012-2013MOU Page 17 ® 19.3 A Citywide Safety/Loss Control Committee shall be established and shall review accidents, review alleged safety deficiencies, and recommend safety training and safety equipment. The MBFF may appoint one unit representative to serve on the committee. If the committee meets during the designated employee's normal working hours, the employee shall receive paid release time to attend the meeting. 19.4 If an employee becomes alerted to an unsafe condition or health hazard, he/she shall report such condition to his/her immediate supervisor. If such conditions cannot be satisfactorily remedied by the immediate supervisor, an employee has the right to submit the matter either personally or through the steward to his/her Department Head or designated safety representative. On any matter of safety not resolved, after proceeding through the above process, consultation will take place between management and the MBFF if requested. 19.5 A first aid kit shall be furnished and maintained at work facilities readily and conveniently accessible to MBFF employees. 19.6 Management agrees to provide to employees who are exposed to potentially toxic agents or toxic materials the appropriate medical services at no cost to the employee. is 19.7 Any safety equipment required by the CITY shall be furnished by the CITY. ARTICLE 20 MINIMUM STAFFING 20.1 CITY agrees to provide minimum staffing of three full-time personnel except in cases of emergency as determined by the Fire Chief. a. Exception: For brief transitional periods lasting '$10hours or less, minimum staffing may be allowed to drop to a minimum of two with the Chiefs approval. 20.2 The 2004 Morro Bay Fire Department 5-Year Strategic Plan recommended that the City of Morro Bay provide 4-person daily staffing in the Fire Department. a. The City and MBFFA agree that 4-person full-time minimum staffing will be provided in the MOU when a second fire station or second company is staffed and operational. The 4-person minimum refers to the total on -duty staffing of full-time firefighters in the City of Morro Bay. b. The City currently staffs a. single, two-piece suppression company consisting of an engine and a rescue. This response configuration is not affected by item a. above. I Morro Bay Firefighters Unit 29412012-2013MOU Page 18 ® 20.3 The City agrees to cap the total number of part-time, unrepresented firefighters to one per scheduled 24 hour shift. Exception: In an emergency and for mutual aid response coverage, the City may have more than one reserve firefighter working 24-hour shifts provided the City is meeting its minimum staffing requirements. 20 3:1.F.or,as,.there,are=seven;filled.Firelighter/Engineer positions v&hinithe Department, ;the'least:.seriior=qualified;person-will'be:assignedto vacation relief. itn-the.event bfrretirement.,resignation +or term ination,wacationsrelief i individuaiFwill "have "the ifirst;right-of;refusail to :that open position. Nf the seventh Firefigh erlEngineer,position is:elirrimated, there ll be no vacation Lrelief:position. 20 3:2a hetCity will(post:a'.work:scheddle:every 30 E daysfiorthe vacation_relief position,and;provide:96''hours inotice prior tomakmg:schedule ichanges. There willbe no morethamtwo schedtile ;changes�Within :each=30iday °schedule. ARTICLE 21 PERSONNEL RULES Parties recognize the applicability and agreement with the Personnel Rules utilized by ® the City for all employees. From time to time, the Personnel Rules may be amended and the City will offer the opportunity to meet and confer on those items within the scope of bargaining. Nothing in this article shall make the City's Personnel Rules subject to the Grievance Procedure. ARTICLE 22 LAYOFFS The parties agree to use the layoff procedure as set forth in 2.32.120 of the City of Morro Bay Municipal Code. For purposes of workforce reductions as outlined by the City's personnel rules and regulations, shifts worked by part-time unrepresented employees will be.eliminated prior to a reduction in full-time MOU represented personnel. ARTICLE 23 PROCESSING OF FORMAL GRIEVANCES 23.1 The MBFF agrees that whenever investigation or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. It is further agreed that the time spent on an investigation and processing of grievances will not interfere with the normal operation of the department. CITY agrees to provide a reasonable amount of time for the investigation and the processing of a ® grievance, but by so agreeing does not imply that the processing or investigation of a grievance shall take priority over normal functions of the department. Morro Bay Firefighters Unit 2911-2012-2013MOU Page 19 ® 23.2 CITY further agrees that any payment of overtime arising because of MBFF personnel's involvement in grievance investigation or processing shall not be authorized. Time spent on the investigation and processing of grievances will be recorded on a form provided by CITY. Stewards will be permitted reasonable time -off with pay for the investigation and processing of grievances provided, however, stewards shall first obtain permission from the department head and/or his/her designee and inform him/her of the nature of his/her business. CITY shall grant such permission promptly unless such absence would cause an undue interruption of work or would require the CITY to pay overtime in order to maintain the normal operation of the department. 23.3 Upon entering the work location, the steward shall inform the department head and supervisor of the nature of his/her business. Permission to leave a job will be granted to the employee involved unless such absence would cause an interruption of work. If the employee cannot be made available, the steward will seek an alternate time for employee availability with the department head or supervisor. 23.4 It is agreed that in some instances the investigation and processing of a grievance may be accomplished on the employee's time. This agreement is in recognition of the mutual sharing of costs involved in the handling of employee - initiated actions. 23.5 Procedures shall be in accordance with Resolution No. 46-74 and any amendments thereto. ARTICLE 24 ELIMINATION OF FIRE SERVICE If the fire service function of the City of Morro Bay is merged into another agency, or if another agency assumes said function, then prior to such action, the City shall meet and confer with MBFF concerning the effects of such action. 25.3 4d and the ntFac;t r R full fn a fn its defined teFm .. _ Morro Bay Firefighters Unit 29142012-2013MOU Page 20 ® ARTICLE :2625 NO STRIKE, NO LOCK -OUT 26251 During the life of this agreement, the City will not lock out any employees nor will the MBFF cause, authorize, advise or encourage any interruption of work or any other concerted refusal to render services or to work, including overtime or any other curtailment or restriction of work at any time during the term of this Agreement. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slow down of work. 2-6252 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. '26253 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE .2726 FULL UNDERSTANDING, MODIFICATION, WAIVER "27-261 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing ® understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 27-262 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 27263 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the CITY and ratified by the membership of the MBFF. 27-264 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE :2927 SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted ® by law, but all other provisions will continue in full force and effect. Morro Bay Firefighters Unit 2011-2012-2013MOU Page 21 0 Date: 11 11 MORRO BAY FIRE FIGHTERS Todd Gailey Jeff Simpson Date: CITY OF MORRO BAY William Avery, Chief Negotiator Andrea Lueker, City Manager Susan Slayton, Admin. Svcs. Director Morro Bay Firefighters Unit P914-2012-2013MOU Page 22 • RESOLUTION NO.38-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING 2012113 FISCAL YEAR HARBOR DEPARTMENT OPERATING 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 the day -today 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 Harbor Department 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, 2012; 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: The Fiscal Year 2012/13 Harbor Department Operating Budgets are adopted, as presented herewith, and any further amendments made at this meeting will be attached to this Resolution; 2. Staff is directed to prepare and publish a final comprehensive budget document; 3. The City Manager is authorized to transfer appropriations within the adopted budget, so long as the appropriations changes do not have a significant policy impact, and total appropriations are not exceeded; 4. City Council approval is required to transfer appropriations between funds, capital projects, or capital outlay items; and 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, 2012, to the Capital Improvement Project • Fund(s) for the 2012-13 fiscal year. • PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 10'" day of July 2012, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: I��JAMM BOUCHER, City Clerk • 40 Raoktioo No. 39-12 • Page 3 AMENDMENT TO RESOLUTION NO.38-12 At the July 10, 2012, City Council meeting, Council voted to approve the Harbor Department budget, as presented, with the exception of the funding for the % time, benefitted Office Assistant IV position. The corrected budget worksheets are attached • CITY OF MORRO BAY • 2012/13 ADOPTED ANNUAL BUDGET HARBOR OPERATING FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Adopted Actual Actual Actual Budget Budget Beginning cash balance S 338,025 $ 349,293 $ 394,051 $ 227,832 $ Revenues from: State/Federal grants 160,000 18,820 71,778 - - Charges for services: Lease sites, including Dynegy 1,235,135 1,358,185 1,387,292 1,350,000 1,379,835 Launch ramp - 2,208 24,392 25,000 25,000 Other 342,495 406,458 309,866 301,500 355,050 Subtotal 1,737,630 1,785,671 1,793,328 1,676,500 1,759,885 Transfers in from: Capital improvement 113,094 - - 560,000 - Reserve fund - 115,128 - 41,948 - Subtotal 113,094 115,128 - 601,948 - Totalrevenues and transfers in 1,850,724 1,900,799 1,793,328 2,278,448 1,759,985 • Expenses for: Personnel (922,648) (1,007,712) (917,443) (946,813) (885,141) Supplies (51,291) (54,545) (86,981) (45,500) (55,100) Services (230,264) (255,196) (422,686) (270,290) (265,090) Other (no depreciation) (253,758) (129,860) (90,216) (560,000) Launch ramp (165) (2,648) (5,820) (3,800) Debt service (134,859) (134,859) (134,859) (134,859) (134,859) Equipment replacement - - - - - Subtotal (1,592,820) (1,582,337) (1,654,833) (1,963,282) (1,343,990) Transfers out to: General fund for cost allocation (246,636) (273,704) (276,637) (276,986) (276,986) General fund for AGP services - - (5,000) (5,000) (5,000) Equipment replacement fund - - (18,000) Capital improvement fund - - - - - Reserve fund - launch ramp - - (21,744) (19,180) (21,200) Reserve fund - Dynegy - - (223,832) (112,709) Reserve fund - operations - - (1,333) Subtotal (246,636) (273,704) (304,714) (542,998) (415,895) Total expenses and transfers out (1,839,456) (1,856,041) (1,959,547) (2,506,280) (1,759,885) Revenues over(under) expenses and transfers out 11,268 44,758 (166,219) (227,832) - Ending cash balance $ 349,293 S 394,051 $ 227,832 $ - $ - • NOTES: Resolution No. 48-08, adopted on August 11, 2008, authorizes the annual transfer of excess cash to the reserve fund. Beginning with the 2011/12 fiscal year, all excess cash from the launch ramp operation is being transferred to the Harbor Reserve Fund. CITY OF MORRO BAY • 2012/13 ADOPTED ANNUAL BUDGET Beginning cash balance Revenues from: Impact fees Interest income Subtotal Transfers in from: Operating fund - Dynegy Capital projects fund Launch ramp Operating fund Subtotal • Total revenues and transfers in Capital improvements Transfers out to: Operating fund Equipment replacement fund Subtotal Total capital and transfers out Revenues and transfers over(under) capital improvements and transfers out Ending cash balance 0 HARBOR RESERVE FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Adopted Actual Actual Actual Budget Budget 5 962,503 S 947,961 S 935,579 $ 1,041,838 $ 463,570 34,130 24,457 12,659 4,500 4,000 34,130 24,457 12,659 4,500 4,000 - - 112,709 11,654 71,856 - - - 21,744 19,180 21,200 5,771 - 17,425 - 93,600 19,180 133,909 51,555 24,457 106,259 23,680 137,909 (65,076) (36,839) (1,021) (1,021) (66,097) (36,839) (30,000) (601,948) (200,000) (601,948) (200,000) (601,948) (230,000) (14,542) (12,382) 106,259 (578,268) (92,091) 5 947,961 S 935,579 $ 1,041,838 $ 463,570 g 371,479 CITY OF MORRO BAY • 2012/13 ADOPTED ANNUAL BUDGET HARBOR EQUIPMENT REPLACEMENT FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Adopted Actual Actual Actual Budget Budget Beginning cash balance $ 59,367 s 60,793 $ 18,188 S 18,297 S 36,297 Revenues from: Interest income 1,426 664 109 - - Transfer in from reserve fund - - - 18,000 200,000 Total revenues 1,426 664 109 18,000 200,000 Expenses: Equipment/Vehicles - (43,269) - - (200,000) Revenues over(under)expenses 1,426 (42,605) 109 18,000 - • Ending cash balance S 60,793 S 18,188 S 18,297 S 36,297 $ 36,297 NOTES: The 2012/13 requested allocation is for $200k toward the purchase of a Patrol Boat; the balance is expected to be funded with grants (total cost between $250 - $300k) U • RESOLUTION NO.37-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING 2012/13 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 borne 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. 49-08, 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 10'h day of July 2012, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None 0:1-0.I1>Is.M ATTEST: • 3 E BOUCHER, City Clerk Adopted • Master Fee Schedule For the 2012/ 13 Fiscal Year Table of Contents Preface i All City Departments & Offices 1 Elections 2 Finance Department 3 Public Services Department: • Building 4 Business License 8 Engineering 12 Planning 14 Water 19 Sewer 20 Police Department 23 Fire Department 28 Harbor Department 33 Recreation and Parks Department 36 Transit 39 2012/13 Resolution of Adoption 42 City of Morro Bay Master Fee Schedule For the 2012/ 13 Fiscal Year Preface All fees, except for those related to Business License, are subject to increase by either the April Consumer Price Index (CPI) for Los Angeles -Riverside -Orange County, or the Engineering News Record (ENR), unless prevented by law. Business License adjusts based on the March CPI, per Municipal Code Section 5.04.050. ENR for April 2012 = 2.73% CPI for April 2012 = 1.5% CPI for March 2012 = 2.02% The Master Fee Schedule is updated annually in June/July; therefore, any fees adopted after its publication, and prior to the next annual update, may not be included. n U City of Morro Bay • Master Fee Schedule For the 2012/ 13 Fiscal Year All Departments & Offices Photocopies: First page $ 0.75 Each additional page Photocopies mailed: Cost of postage $ 0.25 Actual First page $ 0.75 Each additional page r1 u Notes: $ 0.25 Unless specifically identified elsewhere (e.g., Public Safety), all departments and offices shall use these rates. 0 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Elections Filing fee: Notice of intention to circulate petition - this amount is refundable under Elections Code Section 9202(b), with conditions $ 200.00 do not adj • 94 City of Morro Bay • Master Fee Schedule For the 2012/13 Fiscal Year Finance Department Copies: Budget document, per copy $ 25.00 25.00 GempFehensive Annual Finaneial Repo Basic Financial Statements document (City Audit), per copy $ 25.00 25.00 Master Fee Schedule document, per copy $ 25.00 25.00 Returned check charge (CA Civil Code Section 1719): First time $ 25.00 do not adj Each subsequent $ 35.00 do not adj Utility Billing: Water service application fee $ 25.00 do not adj is Physical posting of shut-off notice at customer location $ 52.00 53.00 Refundable Utility deposit - residential tenants only 1 $ 100.00 do not adj Reconnection (MC 13.04.310) $ 44.00 45.00 A deposit is required from all residential tenants who sign up for utility service. Existing residential tenants, whose service is terminated due to delinquent non- payment, will be required to pay a deposit, in addition to the service reconnection fee, in order to restore service ONLY IF THE DEPOSIT HAS NOT PREVIOUSLY BEEN COLLECTED. If the residential tenant moves within the City limits, the deposit will transfer with the residential tenant to his/her new address. The deposit is applied to the closing bill when the residential tenant moves out; any remaining credit balance is refunded. If the tenant's status changes to an owner, the deposit is refunded. 3 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year 40 Public Services Department Building (See Notes) Building & Construction Permits: Valuation of from 0 - $3,000 (including electrical service less than 600 amp, and minor plumbing alternatives) $ 79.00 81.00 $3,001 and up - .025 x total valuation - 50% upon submittal/50% at issuance Construction Operation After Hours $ 29.00 30.00 Building Re -Address Processing $ 28.00 29.00 Demo w/o Asbestos $ 63.00 65.00 Demo w/ Asbestos $ 127.00 130.00 In -lieu Housing Fee (if unit not affordable housing) - per sq/ft $ 0.30 0.31 General Plan Maintenance - 6% Surcharge on all Building Permits 2 SMIP Category I (Residential) - .0001 x valuation SMIP Category II (Commercial) - .00021 x valuation • Unsafe Building repair, demolition or moving structure - charged at cost Special Inspection and Plan Review Fees: Inspection Fees - outside of normal work hours - per hour, 2 hour minimum $ 144.00 148.00 Re -Inspection Fees - per hour $ 72.00 74.00 Property condition report for Condominium Conversions $ 18.00 18.00 Inspection for which no fee is otherwise indicated - per hour, 1/2 hour minimum $ 72.00 74.00 Additional Plan Review required by changes, additions, revisions to the approved plans - per hour, 1/2 hour minimum $ 72.00 74.00 Use of outside consultants for special plan checking and inspection -charged at actual cost Penalty for commencing construction without permit(s) $4,00- plus twe tiFne5 the entire permit fee plus $59 peF day, after- netiee. This is in addition to the standard building permit $ 100.00 103.00 + 2 times permit fee + $50.00 per day after notice 51.00 Retrofit upon transfer of sale $ 32.00 33.00 • General Plan Maintenance surcharge includes 1% for Geographic Information System (GIS) Maintenance I City of Morro Bay • Master Fee Schedule For the 2012/13 Fiscal Year Building Development Impact Fees 5 Building fees, per square foot 6: Residential: Single Family $ 3.80 3.90 Multi -Family' S 6.07 6.24 Non-residential: Commercial ' c 3.81 3.91 Office 7 $ 2.71 2.78 Industrial' $ 1.41 1.45 Park fees for residential in -fill lots, per square foot: . Single Family $ 1.17 1.20 Multi -Family $ 1.96 2.01 Water fee: 1" meter $ 2,368.00 2,433.00 1-1/2" meter $ 4,736.00 4,865.00 2" meter $ 7,575.00 7,782.00 3" meter $ 15,151.00 15,565.00 Wastewater fee: 1" meter $ 4,347.00 4,466.00 1-1/2" meter $ 8,695.00 8,932.00 2" meter $ 17,388.00 17,863.00 3" meter $ 27,820.00 28,579.00 Adjust annually based on change in Engineering News Record (ENR). F Fees are per square foot including garages (enclosed spaces). Single-family • residential additions of 500 square feet or less are exempt (this is for a cumulative five (5) year period). Plus water and wastewater fees, which are based on meter size 5 City of Morro Bay Master Fee Schedule For the 2012/ 13 Fiscal Year Building Development Impact Fees Public Facilities Fees (per square foot): Residential: Single Family Residential: General Government $ 1.12 1.15 Police $ 0.38 0.39 Parks $ 1.17 1.20 Fire $ 0.41 0.42 Storm Drain $ 0.05 0.05 Traffic $ 1.82 1.87 Waters $ 0.63 0.65 Wastewater a $ 1.75 1.80 Multi -Family Residential: General Government $ 1.87 1.92 Police $ 0.62 0.64 Parks $ 1.96 2.01 Fire $ 0.68 0.70 Storm Drain $ 0.06 0.06 Traffic $ 2.84 2.92 Water 8 $ 0.95 0.98 Wastewaters $ 2.60 2.67 8 Water and Wastewater actual fees are based on the meter size. Amount shown is estimated based on the fees divided by the estimated building square feet. • 6 City of Morro Bay • Master Fee Schedule For the 2012/13 Fiscal Year Building Development Impact Fees Public Facilities Fees, per square foot (continued): Non-residential: Commercial: General Government $ 0.22 0.23 Police $ 0.06 0.06 Parks $ 0.00 - Fire $ 0.21 0.22 Storm Drain $ 0.03 0.03 Traffic $ 3.28 3.37 Waters $ 2.36 2.42 Wastewater s $ 4.35 4.47 • Office: General Government $ 0.30 0.31 Police $ 0.08 0.08 Parks $ 0.00 - Fire $ 0.29 0.30 Storm Drain $ 0.03 0.03 Traffic $ 1.97 2.02 Water8 $ 2.36 2.42 Wastewaters $ 4.35 4.47 Industrial: General Government $ 0.09 0.09 Police $ 0.03 0.03 Parks $ 0.00 - Fire $ 0.08 0.08 Storm Drain $ 0.03 0.03 Traffic $ 1.13 1.16 • Waters $ 2.36 2.42 Wastewater 8 $ 4.35 4.47 s Water and Wastewater actual fees are based on the meter size. Amount shown is estimated based on the fees divided by the estimated building square feet. City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Public Services Department Business License &-Engineer-ing (See Notes) Business License: Business License fee - varies by type of license requested Business License listing, per list Business License, transfer (MC 5.04.220) Business License, duplicate (MC 5.04.230) Home Occupation Permit Processing Fee (one time fee) Home Occupation Basic (annual) Home Occupation Exception (annual) See Subsequent Pages $ 15.00 $ 2.00 $ 2.00 $ 60.00 $ 127.00 $ 52.00 15.00 do not adj do not adj 61.00 130.00 53.00 • • 8 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Public Services Department Business License Exhibit A Business License (MC 5.08): Ambulances License Apartments, Motel, Hotel, Multiple Dwellings, Rest Homes, Rooming Houses, Hospitals & Sanitariums Plus: Each Unit/Person cared for Over 4 Art Hobby or Handicraft Show & Exhibitions Minimum Per Salesperson Auctioneers No Fixed Place of Business • Fixed Place of Business Plus: Each Employee Bingo Carnivals and Circuses 3-more sale Coin -Operated Vending Machine Contractors General One Job Only Specialty One Job Only Delivery By Vehicle For One or More Vehicles Exhibiting Animals or Trick Riding, Wire Dancing or other Exhibitions (Exception No Fee or Admission) Fire Wreck or Bankrupt Sale, Each Sale Plus: In Excess of 3 Days • Annum $ 103.00 105.00 Annum $ 127.00 130.00 $ 5.00 5.00 Gross Receipts Annum $ 3.00 3.00 Day $ 127.00 130.00 Annum $ 127.00 130.00 Annum $ 31.00 32.00 $ 61.00 62.00 Day $ 517.00 527.00 Annum $ 127.00 130.00 Gross Receipts 0.01 Do rfor R.DJ Annum $ 255.00 260.00 Job $ 127.00 130.00 Annum $ 127.00 130.00 Job $ 31.00 32.00 Annum $ 127.00 130.00 Day $ 51.00 52.00 $ 180.00 184.00 Day $ 103.00 105.00 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Public Services Department Business License Exhibit A (page 2) Flea Markets Daily Gross Minimum per Salesperson Day $ 10.00 Garage Sales No Fee ERR Merry -Go -Round, Revolving Wheel Chute, Tobaggan, Slide, Mechanical Riding Contrivance or Pony Ride Day $ 51.00 Money Lenders & Pawnshops $ 517.00 Non -Profit Organizations Exempt Peddlers, Solicitors, or Itinerant Merchants Peddlers Day $ 51.00 Solicitors Day $ 103.00 Plus: Each Employee Day $ 51.00 Itinerant Merchants Day $ 51.00 Week $ 103.00 Month $ 154.00 Quarter $ 203.00 180 days $ 255.00 Public Utilities Annum $ 127.00 Plus: Each Employee Annum $ 31.00 Exception: When City Franchise Tax is greater than $80.00 Private Patrol Annum $ 62.00 Public Dance (Exception No Fee or Admission) Day $ 51.00 Real Estate Calif. Licensed Broker Annum $ 127.00 Each Salesman or Agent Annum $ 31.00 Each Employee Annum $ 23.00 10.00 52.00 527.00 52.00 105.00 • 52.00 52.00 105.00 157.00 207.00 260.00 130.00 32.00 63.00 52.00 F tljxfIr' 32.00 23.00 • • t� City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Public Services Department Business License Exhibit A (page 3) Secondhand Store or ]unkdealer Annum Plus: Each Employee Annum Skating Rink Annum Plus: Employee Annum Taxicabs License Per Cab Annum Driver Annum Tent Show or Itinerant Show (Exception No Fee or Admission) Day Trailer House, RV or Mobile Home Park Rental Spaces 1-4 Annum Plus: Additional Space Annum Undesignated Professionals Annum Plus: Each Employee Annum Wrestling or Boxing Show Day $ 127.00 130.00 $ 31.00 32.00 $ 127.00 130.00 $ 31.00 32.00 $ 68.00 69.00 $ 10.00 10.00 $ 127.00 130.00 $ 127.00 130.00 $ 5.00 5.00 $ 127.00 130.00 $ 31.00 32.00 5 51.00 52.00 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Public Services Department Engineering (See Netes) Engineering: Subdivisions, commercial or multifamily are typically more complex, and require more review. Flood Hazard Development Permit (MC 14.72.040118): Permit, minimum fee 3&4 $ 181.00 186.00 Flood Plain Letter $ 91.00 93.00 Subdivisions: Final Map - Tract, minimum fee (MC 16.24.040J050B1) 314 $ 1,163.00 1,195.00 Final Parcel Maps with Improvements, minimum fee 3 & 4 $ 299.00 307.00 Final Maps Amendment Review, minimum fee 3 & 4 $ 250.00 257.00 Inspections/Plan Review • Inspections Cost of service Public Improvement Plan Check $ 428.00 440.00 Abandonment Process Street/R-O-W Abandonment Process $ 855.00 878.00 Encroachment Permits 4 (MC 13.161.140): Regular $ 123.00 126.00 Special - Engineered Structures, minimum fee 3 $ 269.00 276.00 Non -Engineered Structures, minimum fee 3 $ 123.00 126.00 Annual Utility Encroachment Permit $ 189.00 194.00 Wide Load Permit with Traffic Control Plans - Per Year 4 $ 90.00 do not adj Wide Load Permit with Traffic Control Plans - One Time 4 $ 16.00 do not adj Street & Sidewalks: Exception Application $ 152.00 156.00 3 Time and materials costs may be added to minimum, when actual cost exceeds the minimum fee. • 4 With the exception of Wide Load Permits, Encroachment Permits fees adjust annually based on the April Engineering News Record (ENR-CCR) t2 City of Morro Bay Master Fee Schedule For the 2012/ 13 Fiscal Year Public Services Department Engineering Stormwater fees: Single family: Planning review of preliminary stormwater plan Building permit review of stormwater plan Inspection of stormwater facility/erosion control Other (per 6,000 sq ft lot area, or fraction thereof): Planning review of preliminary stormwater plan Building permit review of stormwater plan Inspection of stormwater facility/erosion control Trees: Removal Permit (to trim, brace or remove, MC 12.08.110) • $ 135.00 139.00 $ 177.00 182.00 $ 94.00 97.00 $ 135.00 139.00 5 177.00 182.00 $ 94.00 97.00 $ 243.00 250.00 13 City of Morro Bay Master Fee Schedule For the 2012/ 13 Fiscal Year 01 Public Services Department Planning (See Notes) Affordable Housing In -Lieu Funding Assistance Fee $ 529.00 543.00 Applicants requesting assistance for affordable housing projects or programs with affordable housing in -lieu fees shall pay a base deposit fee of $500 to conduct the necessary financial analysis to determine the justification of the fee assistance. All expenses associated with further financial analyses (real estate financial pro forma) shall be paid by the applicant and deposited into this fund to cover all City expenses. These fees will either be reimbursed to the applicant or credited toward other project fees, if the City Council determines that financial assistance from the housing in -lieu fee fund is justified. Coastal Permits: Coastal Permit in combination with Conditional Use Permit No Fee Coastal Permit (Administrative) $ 688.00 707.00 Single Family Dwelling, Multiple Dwelling, Office, Commercial, Convention, Industrial & Institutional $ 2,976.00 3,057.00 • Additions greater than 10% to Single Family Dwelling in Coastal Appeals area (Planning Commission) $ 494.00 507.00 Emergency Permit (excluding required regular CDP) $ 620.00 637.00 Other Administrative: Tree Removal, private $ 237.00 243.00 Environmental: Categorical Exemption $ 84.00 86.00 Negative Declaration $ 1,024.00 1,052.00 Mitigated Negative Declaration $ 3,281.00 3,371.00 Filing Fee - for environmental document as per County $ 50.00 51.00 Environmental Impact Report - contract amount plus 25% attorney fees on all discretionary projects - cost $ 4,455.00 4,577.00 Department of Fish & Game CEQA document fee (pass through - see www.dfg.ca.gov for fee) • City of Morro Bay • Master Fee Schedule For the 2012/13 Fiscal Year Public Services Department Planning (See Netes) 8theF Miscellaneous: Letter regarding land use confirmation or other research - per hour Development Agreement Applicant Requested Continuance $ 4,455.00 $ 109.00 Street Name/Rename Processing $ 394.00 Fine, in addition to permit - $100.00 plus two times permit fee; plus $50 per day - after notice. Deposit required. Request for Averaging Front Yard Setbacks (sq ft) $ 108.00 Appeals of City decisions excluding Coastal Permits in Coastal Appeal Jurisdiction - refundable if applicant prevails $ 250.00 4,577.00 112.00 405.00 111.00 do not adj Copy of Planning Commission DVD $ 12.00 12.00 Notification fees: Planning Commission hearings $ 135.00 139.00 Administrative hearings $ 85.00 87.00 Gepy of Planning Commission 9VE) $ i00 Sewage Spill Cleanup eest of pFeviding seFviEe Special Event - based on actual personnel cost Planned Development Zone: Projects with planned development overlay (for construction of SFR in PD overlay zone) see CUP fees; for all other projects, if within waterfront master plan area, charge time and materials plus a deposit that is to be tiered based on size of the project (Council action 8/23/10). 11 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Public Services Department Planning (See Notes) Sign Permits: 0 Sign permit $ 84.00 86.00 Sign Exception (CUP) $ 698.00 717.00 Pole Sign (CUP) $ 698.00 717.00 Fines: Temporary, beyond time allowed by Ordinance - per day after notice $ 10.00 10.00 Permanently attached signs w/o permit - per day after notice $ 21.00 22.00 Subdivisions: Nate: all subdivisions may be billed at direct cost Tentative Parcel Map Application $ 3,173.00 3,260.00 Tentative Tract Map Application up to 10 lots/plus $100.00 per lot over 10 $ 4,231.00 4,347.00 Amendments to Existing Tract or Parcel Maps $ 2,271.00 2,333.00 Lot Line Adjustment $ 745.00 765.00 Certificate of Compliance (legal determination) - fee plus a deposit for extensive research as needed $ 513.00 527.00 Lot Mergers $ 206.00 212.00 Text Amendments: Zone Changes - deposit plus cost $ 4,455.00 4,577.00 Specific Plan $ 4,579.00 4,704.00 General Plan/Local Coastal Plan Amendment deposit plus cost $ 4,579.00 4,704.00 Annexations - deposit plus cost $ 4,821.00 4,953.00 Time Extensions: Time Extensions for CUP, regular Coastal Permits and Variance (Planning Commission) $ 513.00 527.00 Time Extensions for Tract Maps and Parcel Maps $ 513.00 527.00 Time Extensions - Administrative $ 43.00 44.00 • 16 r1 U 0 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Public Services Department Planning Use Permits Note: AO Use Permits may be billed at direct cost at the discretion of the Public services Director - scheduled fee would then be deemed as a deposit Note: A/l refund requests must be submitted in writing to the City and must include the permit number. Conditional Use Permit $ 3,830.00 One SFR in a Planned Developed Zone or Bluff Area $ 581.00 Occupancy changes Commercial/Industrial (no construction) $ 494.00 Additions to non -conforming uses structures, not adding units or new uses $ 494.00 Minor Use Permit $ 529.00 Temporary Use Permit - longer than 10 days $ 529.00 Outdoor Display and Sales and Outdoor Dining $ 844.00 Administrative Temporary Use Permit - 7 consecutive or 10 non- consecutive days per calendar year $ 43.00 Amendments to Existing Permits (Planning Commission) $ 1,899.00 Major Modification While Processing $ 1,427.00 Minor Amendments to Existing Permits (Administrative) $ 180.00 Variances: Variance $ 2,359.00 Variances processed with other permits $ 709.00 Minor Variance $ 390.00 Parking Exceptions $ 120.00 3,935.00 597.00 507.00 507.00 543.00 543.00 867.00 44.00 1,951.00 1,466.00 185.00 2,423.00 728.00 401.00 123.00 �srn $ 38.00 NO i E : Pf96-E Ta Oc DELETED DUE TO FOLLOLv///(y C14g/Y6,65, Prohibited Vehicle Permit renamed (Wide Load in Engineering section) - 2009 Ordinance Change Advertising Vehicle Permit eliminated - 2009 Ordinance Change 011 L L • 18 City of Morro Bay Master Fee Schedule For the 2012/ 13 Fiscal Year Public Services Department Water (See N..Fes) Water Service: Application (MC 13.04.07) $ 25.00 Connection - Within City will be charged at cost (MC 13.04.100 i4:04.100) Connection - Outside City will be charged at 2 x cost (MC 13.04.100 ' ^r, 91.100) Connection - Subdivisions will be charged at owner expense (MC 13.04.100 14.01..10 Main Extension Approval will be charged at cost (MC 13.04.120) Temporary Service Application will be charged at cost (MC 13.04.15031-0) Meter Installations/Connections: Do not adj 3/4 inch to 5/8 inch meter (water fee plus wastewater fee) $ 1,285.00 1,320.00 1 inch to 1-112 inch meter $ 1,724.00 1,771.00 2 inch meter and above $ Cost of service Meter Box Installation $ 207.00 213.00 • Temporary Water Meter Rental $ 83.00 85.00 Water Meter Re -Read $ 24.00 25.00 Reconnection (MC 13.04.310) $ 44.00 45.00 After - Hours Water Meter Turn Off/On $ 111.00 114.00 "Drop in" meter fee, up to 2 inches $ .75 x regular meter fee Do not adj Relocation of water meter for customer convenience $ 1.5 x regular meter fee Do not adj Water meter lock - cost of replacing damaged lock $ 25.00 Lock + $45 Circuses, Carnivals & Traveling Shows - Fire Hydrant (MC 13.01310) Fire Hydrants - Contractor Use (MC 13.04.360): Meter Installation and Removal - per Council Resolution; will be charged at cost Meter Use - per day $ 4.00 4.00 Water Cross Connection (MC 13.08.070B): Certificate of Compliance $ 21.00 22.00 Water Usage (MC 13.04.220, sewer rates not included): Per Council Resolution Water Deposit: • Refundable deposit - residential tenants only $ 100.00 Do not adj City of Morro Bay Master Fee Schedule For the 2012/ 13 Fiscal Year Public Services Department Sewer (See Nt..i es) Sewer: Connection Permit - $72 fee plus staff time for inspection (MC 13.12.010) $ 72.00 74.00 Extension - pro rated - to be charged at cost (MC 13.12.050) Use of Existing Sewer Permit - per Council Resolution (MC 13.12.090) Use Charges - per Council Resolution (MC 13.12.210) Discharge Fee - Recreational Vehicles and Campers (MC 13.12.250A, no charge) Discharge Fee - Tank Trucks and Commercial per truck, for each 1,000 gallon capacity (MC 13.12.250B) $ 7.00 7.00 Private Facility (MC 13.12.280, no charge) Minimum and Availability Charge - per Council Resolution (MC 13.12.090) is Manhole to Grade - cost of providing service Sewage Spill Cleanup - cost of providing service Spill in Right -of -Way Cleanup - cost of providing service 1u Page1 tenants 1 \[.I YIIYUVIG YGFIV JI[ IGJIYCIIUUI C-efinection City Municipal Cede #11.01.10 VI11'. .JGC netes en Main Ex4ension ApPFOval Municipal Cede Cede #13.01.360 Meter installatie . Fire Hydrants Use) PqURiEipa' (C-entraEter 21 U �J C1 City of Morro Bay Master Fee Schedule 10 For the 2012/13 Fiscal Year C1 n LJ Police Department (See Notes) Permits & Licenses: Sex/Narcotic Registrant Fee Tow/Taxi Service Provider Application Fee Taxi Operator Permit Application Fee Taxi Operator Permit Application Renewal Fee Second Hand Dealer Permit - City Application Fee (does not include Department of Justice fee) Second Hand Dealer Permit renewal - City Application Fee (does not include Department of Justice fee) Massage Therapist/Parlor Permit Application Fee Police Copies: Report/Document Copies - per page Support Services Manager Activity: Digital Photo Reproduction to CD - per hour, 1 hour minimum Audio/Video Tape Reproduction - per hour, 1 hour minimum Record Searches/Reviews/Clearance/Responses - per hour, 1 hour minimum Officer Activity: Equipment Citation Sign Off VIN Verification Vehicle Impound Fee Administrative Costs (CVD 22850.5) Abandoned Vehicle Removal (junk vehicles/parts) Juvenile In Custody Service - per hour $ 0.00 $ 584.00 593.00 $ 372.00 378.00 $ 62.00 63.00 $ 310.00 315.00 $ 155.00 157.00 $ 129.00 131.00 $ 1.00 Do not adj $ 52.00 53.00 $ 52.00 53.00 $ 52.00 53.00 $ 15.00 15.00 $ 31.00 31.00 $ 155.00 157.00 $ 310.00 315.00 $ 67.00 68.00 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Police Department (See Notes) Other Police Services: Firearms - seizure/storage (PC 12021.3) State Mandated Costs Concealed Weapons Permit (does not include DO] or other fees) Renewal of Concealed Weapons Permit (does not include cost of ID card) Subpoena Duces Tecum (does not include costs of report, etc.) Delinquent Parking Citation Copy Repossessed Vehicle Booking Fees (current cost - cost is dependent on charges by County) Live scan Fingerprint Fees (PC 13300(e)) Criminal History Review (PC 13322) Cost Recovery DUI Emergency Response False Alarm Response (after 3rd false alarm in a year) No Cost Services: Bicycle License Voluntary Gun Registration $ 52.00 53.00 $ 103.00 105.00 $ 26.00 26.00 $ 15.00 15.00 $ 2.00 2.00 $ 15.00 15.00 $ 112.00 114.00 $ DO] + $20 $ 26.00 26.00 Actual Cost $ 207.00 210.00 $ 0.00 $ 0.00 • n LJ ?4 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Police Department (See Notes) Parking Fines: MBMC Vehicle Code Parking within a Parkway 10.40.020 $ 52.00 53.00 No Parking Areas 10.40.030 $ 52.00 53.00 Posted Restricted Parking 10.40.040 $ 52.00 53.00 72-Hour Parking 10.40.060 $ 62.00 63.00 Vehicle Repair on Public Street 10.40.080 $ 52.00 53.00 Parking on Grade without Tuming Wheels 10.40.090 $ 52.00 53.00 Parking within Space Marking 10.40.110 $ 52.00 53.00 Curb Markings (red, yellow, etc.) 10.40.120 $ 52.00 53.00 Parking in Passenger Loading Zone 10.40.150 $ 52.00 53.00 Parking in Alley 10.40.160 $ 52.00 53.00 • Limited Time Parking 10.40.170 $ 52.00 53.00 Violating Diagonal Parking 10.40.190 $ 52.00 53.00 No Stopping in Designated Area 10.40.200 $ 52.00 53.00 Failure to Pay Established Fee 10.44.070 $ 52.00 53.00 Failure to Display Receipt 10.44.070 $ 52.00 53.00 Overnight Camping 08.24.010 $ 109.00 111.00 Expired registration 4000(a) $ 52.00 53.00 Parking in Fire Lane 22500.1 $ 165.00 167.00 Blocking Driveway 22500e $ 52.00 53.00 Blocking Wheelchair Access 22500L $ 106.00 108.00 Parking within 15' of Fire Hydrant 22514 $ 114.00 116.00 Blocking Sidewalk 22500f $ 52.00 53.00 Blocking a Bus Stop 22500i $ 88.00 89.00 Blocking Intersection Gridlock 22526 $ 181.00 184.00 Curb Parking 18" or Wrong Way 22502A $ 52.00 53.00 Parking in Bike Lane 21211b $ 52.00 53.00 • Vehicle Abandonment on Street 22523 $ 320.00 325.00 Handicap 22507.8A $ 294.00 298.00 All panting fees amended by $5 on 6122/09, Reso. No. 34-09, and additionally amended by $5 on 8/24109, Reso. No. 46-09. '5 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Police Department Notes Permits & Licenses: Tow/Taxi Service Provider application fee is the fee for application by a tow service provider or taxi service applying to do business in the City (does not include a business license fee). The application includes review by police staff, processing of application, inspection of tow/taxi vehicle(s) and in case of two service provider, inspection of impound yard. Massage Therapist/Parlor permit application fee is an application fee to operate a new massage business (does not include City business license fee or DO] fee). Includes police staff time to receive and review application, conduct background checks as required, and business inspection. Police Copies: All police copy costs are $1.00 per page (except citations). Support Services Manager Activity: All record searches, reviews, clearance letters, responses, copies of photos, audio tapes and video tapes - 1 hour minimum charge Officer Activity: Abandoned Vehicle Removal - this is a charge levied against the registered or legal owner of a vehicle who abandons the vehicle or vehicle parts on a public street or place open to the public Juvenile in Custody - this hourly fee may be charged to parents when a juvenile has been taken into custody, and the officer or employee must "baby-sit' the juvenile until the parent arrives. This hourly fee begins after the juvenile is processed, and the parents, or responsible adult, are called to respond. This fee is intended for parents or responsible adults that have extended response times, which requires an officer or employee to monitor the juvenile. • • 46 City of Morro Bay • Master Fee Schedule For the 2012/13 Fiscal Year Police Department Notes Other Police Services: Firearms seizure, storage and release administrative fees - PC 1202.3 was enacted in 2005 and requires any person, who claimed title to any firearm that is in police custody and who wishes to have a firearm returned to him/her, must make application for a determination by DOJ (Department of Justice) as to whether he/she is eligible to possess a firearm. PC Section 12021.3U)(1) allows the City to charge for administrative costs relating to the seizure, impound, storage or release of firearms. State Mandated Costs: Concealed Weapons Permit - PC Section 12054(a) Subpoena Duces Tecum - EC 1563 (b)(1) Delinquent Parking Citation Copy - VC Section 40206.5 Repossessed Vehicle - GC Section 41612 Booking Fees - set by County GC 53150 & 29550.1 Livescan Fingerprint Fees - PC 13300(e) Criminal History Review - PC 13322 Cost Recovery: DUI Emergency Response - MBMC 3.40.030 False Alarms Response - MBMC 9.22.020 Services: Acceptance of Civil Subpoena/SDT fees are set by statute or other authority - Code #1563(b)(1)EC Safekeeping Property Storage beyond 30 day written notice does not include outside storage fees • City of Morro Bay Master Fee Schedule • For the 2012/13 Fiscal Year Fire Department (See Notes) Permits: Permit Inspection Fees: Any single permit identified in Title 24 CFC and not specifically addressed in the Master Fee Schedule $ 62.00 63.00 Any combination of permits shall not exceed $ 186.00 189.00 Special Occurrence or Use Permit (equipment & personnel charges additional) $ 62.00 63.00 Special Permits: Marine Welding Permit: Vessel, Pier, Wharf, Waterfront $ 41.00 42.00 Aircraft Landing Permit, per occurrence (required Fire standby equipment & personnel charges additional) $ 62.00 63.00 Knox Box installation/inspection, first box $ 41.00 42.00 • More than one Knox Box per address, each additional box $ 10.00 10.00 Equipment & Personnel Charges Engine or Truck: per hour, per vehicle (personnel charges additional) $ 119.00 121.00 Squad/Rescue: per hour, per vehicle (personnel charges additional) $ 88.00 89.00 Utility/Command Vehicle: per hour, per vehicle (personnel charges additional) $ 41.00 42.00 Personnel charges: per hour, per person - 2 hour minimum, unless otherwise specified, at current productive hourly rate Plan Review Fees: Fire Plan Concept Review - personnel charges as specified in Equipment and Personnel Charges Plan Review - A charge of 0.3% of total valuation plus use of outside consultant for Plan Review & Inspection is based on actual cost plus fee $ 62.00 63.00 Additional Plan Review required by changes, additions or revisions to approved plans - personnel charges as specified in • Equipment & Personnel Charges on a hourly basis plus actual cost of outside consultant for Plan Review 21; City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Fire Department (See Notes) Fire Protection: System & Equipment Fees: Fire Sprinkler System Installation Inspection - (above ground) Residential - fee plus $0.55 per head $ 62.00 63.00 Commercial - fee plus $0.55 per head $ 310.00 315.00 Commercial projects or tenant improvements under 1,000 sq ft - fee plus $.055 per head $ 100.00 102.00 Underground water line inspection $ 62.00 63.00 Fire Alarm System Installation Inspection 0 - 15 devices $ 62.00 63.00 16 - 50 devices $ 103.00 105.00 51 - 100 devices $ 196.00 199.00 • 101 - 500 devices $ 284.00 288.00 501 and up, fee plus $130 for each additional 100 devices $ 284.00 288.00 Specialized Fire Protection System Inspection, e.g., Halon, Dry Chemical Commercial Kitchen Hood System $ 62.00 63.00 Flammable or Combustible Tank Installation Inspection $ 62.00 63.00 On -site Hydrant System Installation Inspection $ 62.00 63.00 Use of Outside Consultants for Plan Review & and/or Inspection - fee plus actual cost $ 62.00 63.00 Request for Building Fire Flow Calculations $ 36.00 37.00 Request for Hydrant now Information $ 36.00 37.00 Request for Hydrant Flow Test - fee plus personnel & equipment as specified in Personnel and Equipment Charges, 1 hr min. $ 36.00 37.00 Engine company business inspection: 1st and 2nd inspections $ 0.00 3rd and subsequent inspections $ 77.00 78.00 0 City of Morro Bay Master Fee Schedule i For the 2012/13 Fiscal Year Fire Department (See Notes) Fire Prevention: New and annual business/facility inspection fees: 1st and 2nd inspections: no charge $ 0.00 3rd and subsequent inspections $ 77.00 78.00 Administrative citation for failure to correct a violation shall be charged per 1.03.050 of the Municipal Code $ 103.00 105.00 Administrative citiation for second violation of the same ordinance in the same year shall be charged per 1.03.050 of the Municipal Code $ 207.00 210.00 Administrative citiation for third and each additional violation of the same ordinance in the same year shall be charged per 1.03.050 of the Municipal Code $ 517.00 525.00 Annual weed and hazard abatement inspection fees 1st inspection for compliance: no charge $ 0.00 2nd and subsequent inspections $ 77.00 78.00 • Administrative citation for failure to correct a violation shall be charged per 1.03.050 of the Municipal Code $ 103.00 105.00 Administrative citiation for second violation of the same ordinance in the same year shall be charged per 1.03.050 of the Municipal Code $ 207.00 210.00 Administrative citiation for third and each additional violation of the same ordinance in the same year shall be charged per 1.03.050 of the Municipal Code $ 517.00 525.00 0 Master Fee Schedule 41 For the 2012/13 Fiscal Year Fire Department (See Notes) Incident Response Fees: Hazardous Material/Chemical Incident: No charge first half-hour (excluding negligent/intentional acts) Each additional hour, or fraction thereof, will be charged as specified in the Personnel and Equipment Charges plus the cost of any materials Negligent Incidents: Response due to negligent/malicious act (e.g., DUI traffic accident, climber on Morro Rock, incendiary fire, negligent hazardous material incident, negligent confined space incident, etc.) Two hour minimum to be charged as specified by Personnel & Equipment Charges plus any material costs and contract services used. Excessive or malicious false alarms: Emergency response due to "Failure to Notify" when working on or testing fire/alarm system 0.5 hours minimum to be charged as specified by Personnel & Equipment Charges. Malicious False Alarms - .5 hour minimum to be charged as specified by Personnel & Equipment Charges plus any material costs. Alarm system malfunction resulting in 2 in 30 days or 3 in 12 months - charged as specified by Personnel & Equipment Charges plus any material costs. Other Fire Services Copy of response report, per report $ 27.00 27.00 Additional copies, per page $ 1.00 Do not adj Cause & Origin investigation reports, per report $ 109.00 111.00 Non -renewal of required annual permit - charge double permit fee rate Failure to obtain permit - charge double permit fee rate Missed site inspection appointment $ 40.00 41.00 Failure to meet permit requirements/requiring re -inspection $ 40.00 41.00 41 City of Morro Bay Master Fee Schedule • For the 2012/ 13 Fiscal Year Fire Department Notes Permits - California Fire Code See operational and construction permits identified in the California Fire Code, Appendix Chapter 1, Section 105 Special Occurrence or Use Permit includes 1 inspection Plan Review Fees Plan Review Fees are calculated based on total valuation to recover the cost of providing service. Use of outside consultant for Plan Review and/or Inspection to be $60 plus actual cost of consultant. All Plan Review Fees shown are minimum amounts, based on average processing. Large or complex projects may be subject to increased fees based upon time, costs, or equipment costs as shown per Equipment & Personnel Charges. L • • City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Harbor Department (See Notes) Vesselfees: Commercial fishing slips - monthly rate (per foot) Commercial fishing slip waiting list deposit Transient slips - monthly rate (per foot) Transient slips - daily rate (per foot) Head Float Berth - monthly Daily T-Pier rate/floating dock - first consecutive 90 days (per foot City moorings - monthly City moorings private tackle - monthly A1-5 Anchorage Area - 1-5 days (per foot) A1-5 Anchorage Area - after 5 days (per foot) City -owned moorings - daily (per foot) Monthly impound rate (per foot) (non -impounded vessels) Impound mooring rate - daily (per foot) (impounded vessels) Temporary Moorage - large vessels/equipment (per day) Dry storage - daily Mooring transfer fee (flat rate) Service fees: T-Pier electrical - daily $ 3.95 4.00 $ 417.00 423.00 $ 7.85 8.00 $ 0.90 1.00 $ 175.00 178.00 $ 0.20 0.20 $ 0.35 Deleted $ 175.00 178.00 $ 77.00 78.00 $ 0.00 0.00 $ 0.18 0.20 $ 0.20 0.20 $ 6.75 6.85 $ 0.60 0.61 $ 156.00 158.00 $ 2.70 2.74 $ 1,033.00 1,048.00 $ 2.20 2.23 Replaced i-50 below Electric cord replacement $ 150.00 T-Pier hoist - per use $ 10.50 T-Pier hoist - per day $ 19.80 Fishing unloading - per hour $ 69.20 Wharfage - per ton $ 0.75 10.70 20.10 70.20 0.80 33 City of Morro Bay Master Fee Schedule For the 2012/ 13 Fiscal Year Harbor Department (See Notes) Liveaboard fees: Permit fee - biennial Inspection fee - biennial (if done by MB Harbor Patrol) Monthly service fee - moorings Monthly service fee - slips Lease site ad mi nistation/ services fees: Requiring City Council approval Departmental approval Vessel assistance: One Patrol Officer, one boat - per hour Each additional Officer - per hour Launch Ramp parking fee: Per hour Maximum per day Failure to pay established fee Failure to display receipt Annual fee $ 52.00 53.00 $ 126.00 128.00 $ 15.00 15.00 $ 30.00 31.00 $ 390.00 396.00 $ 81.00 82.00 $ 173.00 176.00 • $ 65.00 66.00 $ 1.00 1.00 $ 5.00 5.00 $ 52.00 53.00 $ 52.00 53.00 $ 100.00 Do not adj • }4 City of Morro Bay • Master Fee Schedule For the 2012/ 13 Fiscal Year Harbor Department Notes Any account past due over 10 days will be charged a 10% penalty. Vessels requiring non -emergency assistance more than once in any six-month period may be charged a minimum of 4.5 hours at the set rate. All dockage is based on a 36' minimum vessel length or length of the slip, whichever is larger. Temporary moorage related to marine construction equipment or vessels of unusual size - see fees for Temporary Moorage - Large Marine Equip. or Vessel A 10% discount is available for leased commercial slips and moorings when paid one year in advance. Account must be paid for entire year in advance. Transient slip users shall be limited to 3 months in any slip as long as there are vessels appropriate to the slip size on the sublease waiting list. The Harbor Director may waive dockage fees for Tall Ships visiting Morro Bay Harbor for any period less than 30 days with written notice. Parking fee applies to the boat trailer spaces at the boat launch ramp, and Tidelands Park trailer and towing vehicle spaces. Any liveaboard application, submitted during the period January 1 through June 30, is good only for that fiscal year and the following fiscal year, but will be prorated by reducing the liveaboard application fee, stated herein, by 25%. City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year • Recreation and Parks Department Facility Rentals Non -Profit and Non-resident For Profit Resident Groups Groups Groups COMMUNITY CENTER Auditorium $46/hr 47 $74/hr 75 $108/hr 110 Auditorium, one-half $30/hr 30 $44/hr 45 $65/hr 66 Multi -purpose room $25/hr 25 $39/hr 40 $60/hr 61 Lounge $22/hr 22 $33/hr 33 $48/hr 49 Studio $17/hr 17 $25/hr 25 $36/hr 37 Kitchen * $11/hr 11 $19/hr 19 $24/hr 24 Kitchen, 8 hours $61 62 $98 99 $121 123 VETERAN'S MEMORIAL BUILDING Assembly, w/o kitchen $24/hr 24 $33/hr 33 $42/hr 43 Complete, w/o kitchen $27/hr 27 $36/hr 37 $48/hr 49 Meeting, w/o kitchen $20/hr 20 $27/hr 27 $35/hr 36 Kitchen & barbeque 9 $11/hr 11 $19/hr 19 $24/hr 24 Kitchen & barbeque, 8 hours 9 $61 62 $98 99 $121 123 TEEN CENTER Up to 20 participants $310 21 - 30 participants $413 300 $310 400 $413 300 $310 400 $413 300 400 31 - 40 (maximum = 40) participants $465 450 $465 450 $465 450 Note: based on number of participants 9 Kitchen only rentals permitted Monday - Friday; weekend rentals must be combined with roam rental ADDITIONAL FEES Deposit: $150, no alcohol or live music Unscheduled overtime: £tee heuriy We $44/hr $500, alcohol and/or live music Facility attendant(s): $10/hr each 10 $50, Bounce House Security guard(s): $26/hr each 26 Janitorial, non-refundable, per event based on group size: Permit processing fee: $8.00, non-refundable 8 100 - 200 participants: $52 53 Insurance: cost based on event size/type 201 or more participants: $103 SOS Cancellations: 20% charge of invoiced costs Building set-up/breakdown: $22/hr 22 Veteran's Memorial Building stage use, set-up and breakdown: $79 flat rate 80 • 36 City of Morro Bay Master Fee Schedule • For the 2012/13 Fiscal Year Recreation and Parks Department Public Area Use Permits Del Mar Park Hillside or Meadow Multi -Area, Entire Park, Multi Day Event Lila Keiser Park BBQ or Fields " Multi -Area, Entire Park, Multi Day Event 10 Monte Young Tennis Courts " Tidelands Open Area Multi -Area, Entire Park, Multi Day Event Cloisters Open Area Multi -Area, Entire Park, Mufti Day Event Bayshore Bluffs Open Area Multi -Area, Entire Park, Mufti Day Event Moro Rode Open Area Mufti -Area, Entire Park, Multi Day Event City Park Open Area Mufti -Area, Entire Park, Mufti Day Event North Point Overlook Multi -Area, Entire Park, Multi Day Event Coleman Park Multi -Area, Entire Park, Multi Day Event Deposit - Public Area Use Permit - $150.00 Deposit - Organized Sports Facilrbes - $500.00 Giant Chessboard - use Wooden Pieces Giant Chessboard - use Plastic Pieces (June, July, August) 10 Lila Keiser hourly field rental 10 Lila Keiser field preparation " Monte Young Tennis Court Hourly Rate CJ Non -Profit and Resident Groups $48/Permit 49 $132/Day+Permit 134 $48/Permit 49 $132/Day+Permit 134 $48/Permit 49 $48/Permit 49 $99/Day+Permit 100 $48/Permit 49 $99/Day+Permit 100 $48/Permit 49 $66/Day+Permit 67 $48/Permit 49 $99/Day+Permit 100 $48/Permit 49 $66/Day+permit 67 $48/Permit 49 $66/Day+Permit 67 $48/Permit 49 $66/Day+Permit 67 $25 25 $25 9 N/C $4 without lights 4 $15 with lights 15 $23 23 $4.00 4 Non-resident Groups $85/Permit $132/Day+Permit $85/Permit $132/Day+Permit $85/Permit $85/Permit $99/Day+Permit $85/Permit $99/Day+Permit $85/Permit $66/Day+Permit $85/Permit $99/Day+Permit $85/Permit $66/Day+Permit $85/Permit $66/Day+Permit $85/Permit $66/Day+Permit $39 $39 N/C $5 without lights $17 with lights $28 $5 For Profit Groups 86 $212/Permit 134 $132/Day+Permit 86 $212/Permit 134 $132/Day+Permit 86 $212/Permit 86 $212/Permit 100 $99/Day+Permit 86 $212/Permit 100 $99/Day+Permit 86 $212/Permit 67 $66/Day+Permit 86 $212/Permit 100 $99/Day+Permit 86 $212/Pernit 67 $66/Day+Permit 86 $212/Permit 67 $66/Day+Permit 86 $212/Pernit 67 $66/Day+Permit 40 $105 10 $105 N/C 5 $6 without lights 17 $19 with lights 28 $31 5 $6 215 134 215 134 215 215 100 215 100 215 67 215 100 215 67 215 67 215 67 107 11 6 19 31 6 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Recreation and Parks Department Miscellaneous Property Use Non -Profit and Non-resident Resident Groups Groups _ Recreation equipment rental, per bag 12 $9.00 9 $10 Includes one: Horseshoes, Badmitton, Volleyball, Bocce Ball, p'_ '_ p'____ Ghess Event tent , e tal, per day '' $4Q $142 Soccer goal, hourly rate, 2 hr. min. 12 $7.00 7 $8 Skate park rental, 2 hr. min. $103 105 $103 Photography/filming, per day13 $109, outdoor 111 N/A $145,indoor 147 N/A Equipment rental deposit: $50 " Photography/filming deposit: $1,000 Insurance cost is dependent on the size/type of event For Profit Groups 10.00 $11 $2-2-7 8.00 $9 105.00 $155 $215, outdoor $359,indoor 11 Deleted 9 157 218 364 38 City of Morro Bay • Master Fee Schedule For the 2012/13 Fiscal Year Transit (See Notes) Fixed Route: Regular fare, per ride $ 1.25 1.50 Discount fare, per ride $ 0.60 0.75 Regular punch pass (11 rides for the price of 10) $ 12.50 15.00 Discount punch pass (11 rides for the price of 10) $ 6.00 7.50 Regular day pass $ 4.00 4.00 Discount day pass $ 2.00 2.00 Call -A -Ride: Fare, per ride $ 2.50 2.50 Call -A -Ride punch pass (11 rides for the price of 10) $ 25.00 25.00 Trolley Fares: • Per ride $ 1.25 1.25 Per ride, 5-12 years old $ 0.50 0.50 All day pass $ 3.00 3.00 Advertising: Exterior Side of Trolley (approx. 36"x20") - with supplied sign $ 362.00 367.00 Exterior Side of Trolley (approx. 36"x20") - MB Community Foundation supplied sign $ 412.00 418.00 Exterior Rear of Trolley (approx. 24"x20") - with supplied sign $ 310.00 315.00 Exterior Rear of Trolley (approx. 24"x20") - MB Community Foundation supplied sign $ 362.00 367.00 Interior approx. 26"x12 with supplied sign $ 155.00 157.00 Interior approx. 26"x12"; MB Community Foundation supplied sign $ 182.00 185.00 11 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Transit (See Notes) Trolley (continued): Rental rates: One day, within City Limits, per hour (2 hour minimum): Transportation of passengers to and from one location to another Shuttle transportation (continuous loop with multiple stops); hourly plus cost of fuel One day, outside City limits, per hour (3 hour minimum) Transportation of passengers to and from one location to another Shuttle transportation (continuous loop with multiple stops); hourly plus cost of fuel Multiple days, 2 consecutive days: Within City limits Outside City limits; rate plus cost of fuel $ 103.00 105.00 $ 103.00 105.00 $ 103.00 105.00 $ 103.00 105.00 $ 1,679.00 1,704.00 $ 1,679.00 1,704.00 • 40 City of Morro Bay Master Fee Schedule For the 2012/13 Fiscal Year Transit Notes Fixed Route: A child, under 5 years old, may ride free with a fare -paying adult (limit 2 per fare -paying adult). Senior citizens (65 & over) and mobility-impaired/disabled individuals are eligible for the discount fare. Senior citizens may be required to provide proof of age. Call -A -Ride: Call -A -Ride service is available to all members of the general public. Trolley Rides: The trolley is seasonal, and operates weekends only from Memorial Day weekend through the 1st weekend in October, and on Friday and Monday from Memorial Day through Labor Day. Children, under 5 years old, ride free (limit 2 per fare -paying adult). • Advertising: The City has entered into a revenue -sharing agreement with the Morro Bay Community Foundation (MBCF). MBCF will sell advertising spaces on the trolleys, to include having signs made, and split the revenue, per the agreement. The agreement term is one year. Advertising rates in this Schedule apply to the May 2012 through October 2012 trolley operating season. Discounts are available when purchasing more than one advertising space. Buy two exterior or interior signs an get a second sign @ 10% off; buy three exterior or interior signs and get the third sign @ 20% off; buy three exterior signs and get one interior sign @ 50% off. Cost for space with MBCF sign includes the cost to have the sign made. Rentals: Hourly rate includes driver, fuel, cleaning, standby mechanic and administration, unless otherwise noted. Trolley seats 30 passengers. The trolley is only to be operated on paved roads (no dirt or gravel roads). The trolley is be returned to the City in the condition it was received by the renter. The renter shall be held responsible for any damages to the trolley resulting from the rental that is not due to the negligence of the City or its transit contractor. C , J 41 • RESOLUTION NO.36-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING THE ANNUAL PROPOSITION 4 APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2012/13 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Article X1IIB 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 2012/13 appropriations limit in accordance with the provisions of Article XIJIB of the California Constitution; and WHEREAS, Proposition I I I 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 2012/13 appropriations limit at S21,194,880. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 10te day of July 2012, by the following vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None RESOLUTION NO. 35-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS TAX LIENS AGAINST THE PROPERTIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Sections 8.16.170 and 8.16.375 of the Morro Bav Municipal Code establish that all places and premises in the City in or on which solid waste is created; accumulated or produced must use the solid waste collection and disposal service provided by the City's franchisee and that the franchisee is responsible for collecting fees for the service; and WHEREAS, Section 8.16.170 of the Municipal Code also states that for the purposes of establishing responsibility for the payment of fees and charges, the person who has applied for water service to each place or premises within the City is responsible for paying for the service, and that the owner of the property which is fumished service, and the customer who applies for service. if different from the property owner, shall jointly be responsible for the payment of all rates, charges and fees including penalties and that unpaid obligations shall run with the land and ® shall lead to delinquency for the property involved; and WHEREAS, Section 8.16.385 of the Municipal Code_further provides a method by which the franchisee may take actions to collect fees from the owners of properties involved in delinquent solid waste collection and disposal accounts which includes requesting the City to file a tar lien: and WHEREAS, the franchisee, Morro Bay Garbage Service, has taken the actions required within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein, and has provided the required list of debtors whose account is still delinquent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the San Luis Obispo County Assessor is hereby authorized to assess the amounts due on delinquent accounts as established and certified by the franchisee Morro Bay Garbage Service as liens against the properties listed below: 0 Parcel Number Total Amount 068-217-007 $ 123.94 066-204-021 $ 202.86 068-291-009 S 288.54 066-164-002 $ 85.20 068-225-002 S 153.98 068-351-041 $ 250.54 068-271-017 $ 65.78 066-092-009 $ 280.16 065-059-009 S 247.00 068-221-008 S 345.98 066-084-044 S 113.82 066-073-007 S 313.82 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of June 2012 by the following vote: AYES: Borchard. Johnson, Smukler NOES: Lease. Yates ® ABSENT: None ABSTAIN: None ATTEST: J4YAIE BOUCHER. City Clerk ® RESOLUTION NO. 34-12 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 5" DAY OF JUNE, 2012; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, Measure "S" was passed in November 2007 and codified as Ordinance 528, amending Morro Bay Municipal Code Section 2.09.010 to have the General Municipal Election held at the time of the Statewide Primary Election with a runoff election, if necessary, to follow in the November election. Municipal general elections held at the time of the statewide primary provide that a candidate is elected at that time only if he or she receives votes on a majority of the ballots cast: and 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. June 5, ® 2012 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 an 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 Primary Election held on June'5, 2012 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: Resolution No. 34-12 ® Page Two 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 Citv for the full terms of four vears. 3. That the names of the persons voted for at said election for the Mayor are as follows: Carla Borchard Jamie Irons William Yates Joe Yukich ® 4. That the names of the persons voted for at said election for Council Member of said Citv are as follows: James R. Haves Christine Johnson Noah Smukler Joan Solu 5. The Citv Council does declare and determine that: JAMIE IRONS received votes on a majority of the ballots cast and was elected as Mayor of said City for the full term of two years. NOAH SMUKLER received votes on a majority of the ballots cast and was elected as Council Member of said Citv for a full term of four years. CHRISTINE JOHNSON received votes on a majority of the ballots cast was elected as Council Member of said Citv for a full term of four vears. 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. Resolution No. ')4-12 ® Page Three 7. The total number of votes cast in the Citv 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 make and deliver to each of such persons so elected a Certificate of Election signed by the Ciry Clerk and duly authenticated: the Ciry 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 on December 10. 2012. 9. 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 Ciry Council of the City of Morro Bay at a is special meeting thereof held on the 266 day of June 2012 on the following vote: AYES: Borchard, Leage, Johnson, Smukler. Yates NOES: None ABSENT: None ATTEST: f� JA&fE BOUCHER, City Clerk lJ WILLIAM YATES. av ® CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST JUNE 5, 2012 PRESIDENTIAL PRIMARY ELECTION CITY OF MORRO BAY I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on June 5,2012, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the office of Mayor and Member of the City Council and that the totals shown for each candidate for the office of Mayor and Member of the City Council in said city and in each of the respective precincts therein, are full, true and correct. ® WITNESS, my hand and Official Seal this 15th day of June, 2012. JULI L. ODEWALD, County Clerk -Recorder 11 Election Sullunary Report Date:06115/12 PRESIDENTIAL PRIMARY ELECTION Timea 1:of I I Page: of ] Sununary For Jurisdiction Wide, All Counters, CITY OF MORRO BAY FINAL OFFICIAL ELECTION RESULTS Registered Voters 147276 -Ballots Cast 4023 2.73% Num. Report Precinct 14l - Num. Reporting 141 100.00% CITY OF MORRO BAY MAYOR Polling VBM Total Number of Precincts 6 0 6 Precincts Reporting 6 0 6 100.0 % Vote For I I 1 0.0 % a Ballots Cast (Reg. Voters 6720) 1354 2669 4023 59.9 % `„•' 'total Votes 1339 2590 3929 97.7 % Number of Blank Votes 15 77 92 2.3 %': Number of Over Votes 0 2 2 0.0 % Number Of Under Votes 0 0 0 0.0 % 31 JAMIE IRONS 796 1293 2089 51.93% CARLABORCHARD 234 587 821 20.41% WILLIAM YATES 239 555 794 19.74% ` JOE YUKICH 68 147 215 5.34% Write-in Votes 2 8 10 0.25% CITY OF MORRO BAY COUNCILMEMBER Polling VBM Total Number of Precincts 6 0 6 Precincts Reporting 6 0 6 100.0 % -, Vote For 2 2 2 0.0 % is Ballots Cast (Reg. Voters 6720) 1354 2669 4023 59.9 % Total Votes 2369 4489 6857 170.4 % Number of Blank Votes 25 116 141 3.5 %: Number of Over Votes - 1 0 1 0.0 % Number Of Under Votes 287 618 905 22.5 % NOAH SMUKLER 922 . 1636 2558 63.58% CHRISTINE JOHNSON 792 1406 2198 54.64% JOAN SOLU 355 821 1176 29.23% JAMES R. 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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 herebv ordered and the assessment of $5.645 to be equally distributed per assessable parcel for the Fiscal Year 2012-13 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 lean of an assessment for the Fiscal Year 2012-11 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 26TH day of June. 2012 by the following roll call vote: AYES: Borchard, Johnson, Leage_. Smukler NOES: Yates ABSENT: None WILLIAM YATES. ATTEST: W IE BOUCHER, CITY CLERK � ƒ ` 4 /!! . , . a � J 3q (\ k/ v / �Z L4- . � RESOLUTION NO. 32-12 ® 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 Cih- of Morro Bay, California WHEREAS, on May 8, 2012 the Cite Council did adopt Resolution No. 22-12 declaring the Council's intent to levy an assessment for the annual maintenance of the Cloisters Park and Open Space and approving the Engineers Report; and WHEREAS, a public hearing to hear all protests as to the levy, of the annual assessment of said district was scheduled for June 26, 2012 at 6:00 p.m. in the Veteran's Memorial Building; and WHEREAS, notices were mailed to one hundred percent (100%) of the property owners on record in the district regarding the proposed assessment and listing the date, time and location of the protest hearing; as well as being published in the local newspaper: and WHEREAS, the City Council did hear objections of all interested parties as to the levy of the ® annual assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District on June 26, 2012 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 S 148,944 to be equally distributed per assessable parcel for the Fiscal Year 2012- 13 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 levv of an assessment for the Fiscal Year 2012-13 and the City_ Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26th day of June. 2012 by the following roll call vote: AYES: Borchard, Johnson, Leage, Smukler NOES: Yates ABSENT: None ATTEST: JAIL BOUCHER. CITY CLERK 1 WILL M YATES n OR EXHIBIT 'A' CITY Of MORRO RAY 0 NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM - NORTH POINT NATURAL AREA _ a LEGEND '�- 20 - -r• 1. = LCT NUMBER 1.10 ACi 10 = COUNTY ASSESSORS PARCEL NUMBER - �f I 082 y 16 ' CO AREA s. o-s FACT 2110 '� NE7J � r.�ra� a*a l a 1 + g s 21 ® RESOLUTION NO. 31.12 RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE SEIU, LOCAL 620, EMPLOYEES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has the authority to implement Government Code Section 20636(c)(4), pursuant to Section 20691: and WHEREAS, the City of Morro Bay has a written labor policy or agreement, which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation: and. WHEREAS, on April 27, 2009, the City Council of the City of Morro Bay adopted Resolution No. 17-09 to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC): and WHEREAS, on June 26. 2012. the City Council of the City of Morro Bay adopted Resolution No. 30-11 implementing the Memorandum of Understanding with the SEIU ® employees for the period of July 1. 2012 to June 30. 201 1: and WHEREAS. the EPMC rate has changed: and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This benefit shall apply to all Miscellaneous and Harbor Safety employees of the Service Employees International Union, Local 620; 2. This benefit shall consist of paying and reporting 0% EPMC as additional compensation; and 3. The effective date of this Resolution shall be July 7, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to.pay and report the value of EPMC for the Miscellaneous and Harbor Safety employees as 0%. PASSED AND ADOPTED this 26°i day of June 2012, by the following vote: AYES: Borchard, Johnson. Leage, Smukler. Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: �&4 JAXRt BOUCHER, City Clerk El RESOLUTION NO. 30-12 ® RESOLUTION OF THE CITY OF MORRO BAY RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MISCELLANEOUS AND SAFETY EMPLOYEES REPRESENTED BY THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620 (SEIU) THE CITY COUNCIL City of Morro Bay, California WHEREAS. in accordance with the provisions of the California Government Code Section J500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits and conditions of employment with SEIU, Local 620, representing the Miscellaneous and Safety employees: and WHEREAS, the meetings between the SEIU. Local 620. and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by SEIU, .Local 620, accept all of the terms and conditions, as set forth in a Memorandum of Understanding, an agreement attached and made.a part of this Resolution herewith: and WHEREAS. the City now desires to provide said salaries. benefits and conditions to said Miscellaneous and Safety employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. ® that it hereby approves and adopts, in full, the Memorandum of Understanding for the period July_ 1, 2012 through June 30. 2013, as attached and made a part of this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the City_ Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this 26 h day of June, 2012 by the following vote: AYES: Borchard. Johnson, Leage. Smukler. Yates NOES: None ABSENT: None ATTEST: Q4"W/-- JAAYBOUCHER. City Clerk I] 0 Table of Contents ARTICLE1 — PURPOSE................................................................................................................................ I ARTICLE 3 — RECOGNITION...................................................................................................................... 44 ARTICLE 4 - UNION BUSINESS................................................................................................................. 55 ARTICLE 5 - AUTHORIZED AGENTS......................................................................................................... 66 ARTICLE 6— UNION SECURITY and WITHHOLDING OF UNION DUES/FEES....................................... 66 ARTICLE7 - TERM...................................................................................................................................... 88 ARTICLE 8 - RENEGOTIATIONS................................................................................................................ 88 ARTICLE 9 - ANTI-DISCRIMINATION....................................................................................................... 998 ARTICLE 10 -WORK SCHEDULE.............................................................................................................. 99 ARTICLE 11 - VACATION LEAVE....................................................................................................... 114440 ARTICLE 12 - HOLIDAYS.................................................................................................................... 124244 ARTICLE 13 - SICK LEAVE................................................................................................................. 134342 ARTICLE 14 - RETIREMENT BENEFITS................................................................................................ 1343 ARTICLE 15 - HEALTH BENEFITS..................................................................................................... 154644 ARTICLE 16 - EDUCATION INCENTIVES.......................................................................................... 181316 ARTICLE17 -WORK UNIFORMS....................................................................................................... 202M ARTICLE 18 — WAGES AND INCENTIVES......................................................................................... 20204 ARTICLE 19 - SPECIAL PAY PRACTICES......................................................................................... 212449 ARTICLE 20 - PROBATION................................................................................................................. 222W ARTICLE 21 -GRIEVANCE PROCEDURE......................................................................................... 222220 ARTICLE 22 - NO STRIKE, NO LOCK -OUT...... ............................. ........................................ 252523 ARTICLE 23 - FULL UNDERSTANDING, MODIFICATION, WAIVER ................................................ 252623 ARTICLE 24-SEVERABILITY............................................................................................................. 262624 City of Morro Bay General Unit Page 0 2008201220112013 MEMORANDUM OF UNDERSTANDING BETWEEN SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL NO. 620, AFL-CIO AND THE CITY OF MORRO BAY JULY 20082012-JUNE 20112013 ARTICLE 1 - PURPOSE 1.1 WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and 1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate, and in structure because it is a public entity rather than a profit making business; and 1.3 WHEREAS, Service Employees' International Union Local No. 620 and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE, this Memorandum of Understanding is entered -into ^°��-o.-^o�,00-'-��� _z:-, July 1. 2012 between the City of Morro Bay, referred to as "CITY" and Service Employees' International Union Local No. 620, referred to as the "UNION." 1.5 It is the intent and purpose of this Memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto, to provide for an orderly and peaceable method and manner of resolving any differences which may arise, and to negotiate any misunderstanding which could arise, and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - MANAGEMENT 2.1 In order to ensure that the CITY shall continue to carry out its municipal functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public service for the citizens of Morro Bay, the CITY continues to reserve and retain solely and exclusively all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law and those CITY rights set forth in the CITY's Personnel Rules and Regulations and including, but not limited, to the following: 2.1.1 To manage the CITY, determine policies and procedures, and the right to manage the affairs of all Departments. City of Morro Bav General Unit 2012-24142013 Page I 0 2.1.2 To determine the existence, or nonexistence, of facts which are the basis of the management decision in compliance with State law. 2.1.3 To determine the necessity, organization, implementation, and termination of any service or activity conducted by the CITY or other government jurisdiction, and to expand or diminish services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees, in accordance with Department or CITY rules, regulations, or ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of services to be provided to the public. 2.1.6 To require performance of other public services, not specifically stated herein, in the event of emergency or disaster, as deemed necessary by the CITY. ® 2.1.7 To lay off employees because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the CITY. 2.1.8 To determine and/or change facilities, methods, technology, equipment, operations to be performed, organization structure, and allocate or assign work by which the CITY operations and services are to be conducted. 2.1.9 To determine method(s) of financing. 2.1.10 To plan, determine, and manage Departments' budget which includes, but is not limited to, changes in the number of locations and types of operations, processes and materials to be used in carrying out all functions, and the right to contract or subcontract any work or operations. 2.1.11 To determine the size and composition of the work force, assign work to employees of the CITY in accordance with requirements determined by the CITY, and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this agreement, or subsequent agreements. City of Morro Bay General Unit Page 2 11 2ON2012-20112013 2.1.12 To establish and modify goals and objectives related to productivity and performance programs and standards, including, but not limited to, quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees in accordance with division and/or CITY Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the CITY, and to take necessary action to achieve the goals and objectives of the CITY. 2.1.15 To hire, transfer infra- or inter -Department, promote, reduce in rank, demote, reallocate, terminate, and take other personnel action for non - disciplinary reasons, in accordance with Department and/or CITY Rules, Regulations and Ordinances. 2.1.16 To determine policies, procedures and standards for recruiting, selecting, training and promoting employees. 2.1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in facilities and operation. 2.1.19 To restrict the activity of an employee organization on CITY facilities, except as set forth in this agreement. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the CITY in emergencies or any other time deemed necessary by the CITY and not specified above. 2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code. 2.3 AUTHORITY OF THIRD PARTY NEUTRAL - MANAGEMENT RIGHTS All management rights, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the CITY. No third party neutral shall have the authority to diminish any of the management rights which are included in this agreement. City of Morro Bay General Unit 20082012-201-1 013 Page 3 U1, 11 11 �J 2.4 Nothing herein is meant to diminish employee rights provided by the Government Code. ARTICLE 3 — RECOGNITION 3.1 Pursuant to Resolution No. 74-69, the Employer -Employee Relations Resolution of the City of Morro Bay and applicable state law, Service Employees International Union Local 620 (hereafter "UNION') was designated by the City of Morro Bay (hereafter "CITY") City Council as the exclusive representative of City employees in the Miscellaneous Employees Unit (hereafter "UNIT'). The UNIT is comprised of the following classifications: Account Clerk I Account Clerk II Administrative Technician Administrative Utilities Technician Assistant Planner Associate Planner Building Inspector Engineering Technician I Engineering Technician II ® Engineering Technician III Facility Maintenance Worker Harbor Business Coordinator Harbor Patrol Officer Harbor Patrol Officer Supervisor Housing Programs Coordinator Maintenance Leadworker (Facilities, Parks, Wate..a ;ee', treets,Gellertien Maintenance Worker I (Facilities, Parks, ` Vate:-.-4ee', Streets; Geflestmns) Maintenance Worker II (Facilities, Parks, Watet Ft , treets,Gelleetiens) Maintenance Worker III (Facilities, Parks, %Ak^'^.o �'���, ��treets, Gellestiens) Mechanic Office Assistant II Office Assistant III Office Assistant IV Permit Technician Recreation Supervisor - Sports Recreation Supervisor - Youth Wastewater Treatment Plant Operator In -Training Wastewater Treatment Plant Operator I Wastewater Treatment Plant Operator II Wastewater Treatment Plant Operator II/Lab Analyst Wastewater Treatment Plant Supervisor City of Morro Bay General Unit Paee 4 11 20N2012-20112013 Wastewater Collection System Leadworker Wastewater Collection System O erator I ................................ Wastewater Collection System Operator II Wastewater Collection System Operator III Wastewater CollectionSysteMSupervisor----------------------------- > - w Water D*str but*on Sys Water Distribution System-Qpefatef�l+l Water System Operator I Water System Operator II Water System Operator III - Formatted: Fort (Default) Axial Formatted: Indent: Left: 0.5", Tab stops: Not at 0.5" + 1" + 1.5" + 1.75" Formatted: Font color: Auto Formatted: Justified, Hyphenate Formatted: Font: (Default) Axial Formatted: Indent: Left: 0.5", Tab stops: Not Water System Supervisor, - Formatted: Font: (Default) Aria The term "employee" or "employees," as used herein, shall refer only to the foregoing classifications. 3.2 Employees working on a regular basis in a classified position, but less than full- time, shall receive vacation and sick leave accruals on a pro -rated basis commensurate with hours worked. Effective January 1, 1998, all benefits for new hires, including insurance benefits, will be allocated on a pro -rated basis commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT: All Employees hired after the effective date of this contract shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH-member financial institution. ARTICLE 4 - UNION BUSINESS 4.1 Employee representatives designated by the UNION shall be granted time off, without loss of pay, to attend "meet and confer" sessions with the City Manager, and/or his/her designee, on subjects within the scope of representation when such meetings are scheduled during regular working hours. Should such meeting extend beyond an employee representative's regular working hours, the employee representative shall be paid for only the regular working hours. It is understood that this "time -off provision" shall only apply to a maximum of three employees attending any one meeting between CITY and UNION. Where exceptional circumstances warrant, the City Manager may approve the attendance at such meetings of additional employee representatives. The UNION shall, whenever practicable, submit the names of all employee representatives to the Municipal Employee Relations Officer at least two working days in advance of Citv of Morro Bav General Unit WN2012-20112013 Page :5 E such meetings. Provided further: 1) that no employee representative shall leave his/her duty or work station or assignment without specific approval of the department head or other authorized CITY management official; and 2) that any such meeting is subject to scheduling by CITY management and UNION in a manner consistent with operating needs and work schedules. 4.2 Nothing provided herein shall limit or restrict CITY management and UNION from scheduling such meetings before or after regular CITY or work hours. 4.3 Off -duty employees will not be paid for attending meet and confer sessions, nor will over -time be paid for same. ARTICLE 5 - AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this agreement: 5.1 Management's principal authorized agent shall be the City Manager, or his/her duly authorized representative (address: 595 Harbor Street, Morro Bay, CA 93442; telephone: (805) 772-62406201), except where a particular management representative is specifically designated in the agreement. ® 5.2 The UNIT's principal authorized representative shall be: Service Employees International Union Local 620 93401 2345 South Broadway, Ste C. Santa Maria, CA 93454 (805) 963-0601). 5.3 The UNION shall furnish the CITY's City Manager with a written list, identifying by name and work location up to three Wstewards and one 01-chief steward. coma t [ssi7: we�wcons:m: „m um spe 8 ua ^w�m. tlim WvIaB number in (): we acal re eaher dclae ibe () w add item Jvadwut 5.4 UNION stewards shall be authorized when participating in the investigation and processing of a grievance to take a reasonable amount of CITY —time, without loss of compensation or benefits, to perform these duties. 5.5 UNION stewards shall be selected in accordance with current SEIU written policy on file with the CITY Personnel Office. ARTICLE 6 — UNION SECURITY and WITHHOLDING OF UNION DUES/FEES 6.1 "Maintenance of Membership" All UNIT employees who, on the effective date of this Memorandum, are members of SEIU, Local 620, and all such employees, who thereafter voluntarily become members of Local 620, shall maintain their membership in Local 620, subject to the right to resign membership during the period commencing thirty (30)-days prior to the June 30 of each year of this MOU. City of Morro Bay General Unit Page 6 E aN82012-201 12013 6.2 Agency Shop Pursuant to UNION's initiation allowed by an amendment to the Meyers-Milias- Brown Act, the CITY and the UNION will abide by the following provisions as they relate to an agency shop. Agency Shop as defined under Meyers-Milias-Brown means "an arrangement that requires and employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization." CITY recognizes that UNION has petitioned for and a majority of employees have cast ballots in a secret ballot election in favor of agency shop for this bargaining unit. The United States Supreme Court has decided that Unions may not charge non- members for expenses unrelated to the actual representation of the employees in the bargaining unit such as political contributions, organizing activities, and member -only benefits. Employees who question whether the amount of the Union's Agency Fee contains unlawful charges may file a written objection with the Union to the Agency Fee and, if successful, have their Agency Fee reduced to cover only the lawfully chargeable amount. Any costs related to this objection process will be borne by the Union. 6.3 Conscientious Objection: Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially support public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. Such employees shall be required to, in lieu of periodic dues, initiation fees, or agency fees, pay sums equal to the dues, initiation fees, or agency fees to a nonreligious, non -labor charitable fund exempt from taxation under Section 501(C)(3) of the Internal Revenue Code, chosen by the employee from the following: Hospice, CASA, or United Way for the purpose of payroll deductions. Proof of payments shall be made on a monthly basis to the Public Agency as a condition of continued exemption from the requirement of financial support to the UNION. 6.4 Covered employees shall execute written authorization for either UNION dues deductions, the agency fee, or, if eligible, the charitable contribution. In the absence of a written authorization, the CITY shall deduct the agency fee from the employees' paycheck pursuant to California Government Code Sec. 3502. The CITY agrees to promptly remit to the UNION all monies deducted accompanied by a "Agency Fee Deduction Report" to include the names and amounts of deductions in the same manner and timeframes as the current provision of the dues deduction reports. City of Morro Bay General Unit 20482012-20112013 Page 7 E Ei C� 6.5 Rescission of Agency Shop This agency shop provision may be rescinded by a majority vote of all the employees in the unit covered by the Memorandum of Understanding, provided that: 6.5.1 A request for such a vote is supported by a petition of at least 30% of the employees in the bargaining unit, 6.5.2 The vote is by secret ballot, 6.5.3 The vote may be taken at any time during the term of the Memorandum of Understanding, but in no event shall there be more than one vote taken during each contract year. 6.6 Applicability An agency shop arrangement shall not apply to management, confidential, or supervisory employees. 6.7 Reporting Requirement. The UNION shall keep an adequate itemized record of its financial transactions and shall make available annually, to the CITY and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an opening statement, certified as to accuracy by its president and treasurer or corresponding principal officer, a certified public accountant, or as otherwise required by law. 6.8 Indemnification. The UNION shall indemnify and hold the CITY harmless against any liability arising from any claims, demands, or other action relating to the CITY's compliance with the agency shop obligation. The UNION shall comply with all statutory and legal requirements with respect to Agency Shop. ARTICLE 7 - TERM Except as otherwise specifically provided herein, the term of this Agreement commences July 1, 2002012, and expires and is otherwise fully terminated at midnight on June 30, 20442013. ARTICLE 8 - RENEGOTIATIONS 8.1 In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other during the period December 1, 2010 2012 to January 4- 30, 991- 2013, its written request to begin negotiations as well as its full and entire written proposals amending this agreement. City of Morro Bay General Unit 29982012-201 12013 Page 8 8.2 The parties agree that, except by mutual agreement, no new subjects may be introduced into the process after the third (3rd}negotiations meeting. 8.3 Upon receipt of such written notice and proposals, negotiations shall begin no later than `rebFue"March 1, 201-12013. 8.4 The CITY shall conduct and provide to the UNION a benGhmaFk-sakwy-supiey PROF to FebFuary 28,The Union w 11 complete andprovide to the City a _ Formatted: Four. (Default) A,iai classification/compensation study for all unit classifications by February 28, 2013 ARTICLE 9 - ANTI -DISCRIMINATION The CITY and UNION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 10 - WORK SCHEDULE This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. 10.1 WORKDAY: The normal workday shall be eight (Jtj-hours of work in a twenty-feur24) consecutive hour period, except in cases of emergencies. Alternative work schedules can be implemented upon approval of the City Manager, and providing they are not in violation of FLSA regulations. 10.2 WORK SHIFT: Employees shall be scheduled to work on regular work shifts having regular starting and quitting times. Except for emergencies, employees' work shifts shall not be changed without 24 hour prior notice to the employee. Call -out or overtime does not constitute as change in work shift. 10.3 WORKWEEK: The normal workweek shall be five (3}workdays and two (2)-consecutive days of rest in a seven (-7-}day period beginning Saturday, 12:00 a.m. and ending seven days later on Friday night at 11:59 p.m., except in cases of emergencies, or at the specific request of an employee and approval of department head. Nothing herein shall be construed to eliminate currently established irregular work schedules. 10.4 OVERTIME COMPENSATION: 10.4.1 All work required by the CITY and actually performed beyond forty -(40) hours worked in a workweek is defined as Fair Labor Standards Act (FLSA) overtime. FLSA overtime shall be compensated at one and one-half (4-5) times the employee's regular rate of pay, as defined by FLSA. City of Morro Bay General Unit 30082012-20112013 Page 9 11 10.4.2 Designated CITY holidays shall be considered as time worked for purposes of computing overtime for personnel working a Monday through Friday, 6 eight hours a day, schedule with Saturday and Sunday as regular days off. Employees working other schedules will accrue 8-eight hours holiday time and, if working on the CITY designated holiday, be paid at the rate of one and one-half (4-5}time the employee's regular rate of pay, as defined by FLSA. Effective upon.the ratification of this contract, vacation hours used shall also be considered as time worked for overtime calculation purposes. 10.4.3 There shall be no double compensation for the same hours of work, nor any `pyramiding" of overtime. 10.5 COMPENSATORY TIME OFF (CTO): 10.5.1 At the employee's option, Compensatory Time Off may be taken in lieu of payment for overtime. 10.5.2 CTO may be accrued. An employee's CTO balance shall indicate the amount of CTO available for employee's use. For example, if an employee works two (2}hours of FLSA overtime and elects to accrue CTO, the employee's CTO balance shall indicate three Whours. 10.5.3 An employee's CTO balance shall not exceed a maximum of sixty (b0) hours. If overtime is earned which would exceed this limit, the excess shall be paid in cash. 10.5.4 All CTO requested by an employee must be approved in advance by the employee's Department Head. 10.6 EMERGENCIES: 10.6.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. 10.6.2 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. 10.7 SHIFT ROTATION: — -- I Formatted: ne pa cg: Multiple 1.05 i, Krep vrith nPzt, Keep lines together Shift rotation shall coincide with the first day of a pay period. City of Morro Bay General Unit a-ON2012-20112013 Page 10 ARTICLE 11 -VACATION LEAVE NOTE: All leave time (vacation, sick leave, holiday, etc.), will be taken off on an hour for hour basis equaling employee actual time off, regardless of accumulation rates. 11.1 During the term of this agreement, paid vacation leave shall be earned at the following rate: Maximum Entitlement Service Years Days Hours 1 thru 2 10 80 3 thru 4 11 88 5 thru 6 12 96 7 thru 8 13 104 9 thru 10 14 112 11 thru 12 15 120 13 thru 14 16 128 15 thru 16 17 136 17 thru 18 18 144 19 thru 20 19 152 21 or more 20 160 1 11.2 The standard for vacation time is eight Whours equals one (4}day. 11.3. MAXIMUM ACCUMULATION: It is recognized long-standing accumulations of vacation time exist for some employees. In order to compensate employees for this unused vacation time and reduce this liability for the CITY, CITY and UNION agree on the following policy: 11.3.1 CITY and UNION agree that the vacation cap to be in place for this unit will be 220 hours, to be achieved in the following manner: 11.3.1.1 Unused vacation leave may be carried over into the calendar year 2008 and subsequent calendar years to a maximum of 220 hours. Employees exceeding the 220 hour maximum as of the pay period containing November 1 will be paid off for vacation time exceeding the 220 hour maximum. Payment shall be computed based upon the employee's base hourly rate of pay as of June 30 of the same calendar.year. Vacation pay out will occur in the first pay period occurring on or after December 1. City of Morro Bay General Unit 24082012-29114013 Page I l 11 11 C] 11 11.3.2 Employees separating from the CITY are entitled to pay for accumulated vacation based upon employee's base hourly rate of pay as of June 30 prior to separation. ARTICLE 12 - HOLIDAYS 12.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Martin Luther King, Jr. Day Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday Floating Holiday July 4 1 st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December25 January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May Varies Varies 12.2 Holidays falling on Saturday shall be observed on the preceding Friday and holidays falling on Sunday shall be observed on the following Monday; and, shall be considered designated holidays for purposes of overtime. 12.3 One holiday equals eight hours. Accrued holiday time may be taken in less than eight hour increments. 12.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be selected by the Department Head. 12.5 Employees may accumulate up to a maximum of 48 hours holiday time for holidays worked. Hours of holiday time accumulated over 48 hours will be paid off. When an employee terminates employment with the CITY, he/she shall receive pay for his/her current holiday balance up to a maximum of 48 hours at his/her current base hourly rate. 12.6 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. Cit_v of Morro Ba_v General Unit 28052012 20112013 Page 12 12.7 Employees who work on a CITY designated holiday shall have eight hours banked and also shall be paid one and one-half 0-.5)-times their base hourly rate for the hours actually worked on the holiday. ARTICLE 13 - SICK LEAVE 13.1 During the term of this agreement, sick leave shall be earned at the rate of one (4) eight -hour workday for each calendar month of service. Sick leave used shall be actual employee time off. For example, if an employee works four /A\�10) hour days per week and is off sick for one of the ten410) hour days, ten410) hours shall be deducted from employee's sick leave balance. There shall be no maximum to the amount of sick leave that an employee may accumulate. 13.2 Based on individual utilization of paid sick leave in the preceding calendar year, employee may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below: Maximum Conversion Sick Leave Utilization Sick Leave To Vacation Leave 0 hours 96 hours 48 hours 0-.25 to 8 hours 72 hours 36 hours 8.25-144 to 16 hours 48 hours 24 hours 16.25-144 to 25 hours. 24 hours 12 hours Over 25 hours 0 0 At least 160 hours shall remain in employee's sick leave bank after any conversion is authorized. 13.3 Upon the service retirement of an employee who has more than ten410) years of service with the CITY, said employee shall be entitled to receive payment for up to the first ninety (90) days of his/her accrued sick leave at thirty percent (30%) of the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. NOTE: Sick leave converted to service credit for PERS purposes cannot be compensated (converted to dollars). ARTICLE 14 - RETIREMENT BENEFITS 14.1 The GITV shall contribute 7% p nt Gf aemployee'sn behalf f of the City of Morro Bay General Unit Pagc 13 MirtnaID YI�AA r 11 P Effective Junely 287, 2012 all employees will contribute the entire employee retirement contribution. 14.29 The CITY agrees to continue providing all employees hired prior to January 1, 2012 PERS Miscellaneous employees in this unit with the following PERS optional benefits (existing employees promoted to another position within the City will not be considered new hires with respect to retirement formulas): 14.29.1 2.7% at 55 plan 14.29.2 Sick Leave Credit Option (Section 20965) 14.29.3 Military Service Credit (Section 21024) 14.29.4 Single Highest Year 14.29.5 1959 Survivor Benefit, 4th Level6eveF4 (See ieefaeie I 14.3 For employees hired on or after January 1, 2012 the PERS Contract Amendment — - F . tied: Indent. Hangov: 0.5• regarding 2-Tier Retirement Formulas and Final Compensation for PERS Miscellaneous employees, the CITY will provide a retirement benefit program through Public Employees Retirement System (PERS) with the following PERS optional benefits: City of Morro Bay General Unit 30092012 201-12013 Page 14 El 14.3.1 2% (o) 60 plan (21353) 14.3.2 Sick Leave Option (Section 20965) 14.3.3 Final Compensation Average 36 consecutive highest months (20037) 14.3.4 Military Service Credit (21024) 14.3.5 1959 Survivor Benefit 4m Level (21574) 14.404 The CITY agrees to provide employees hired prior to September 17, 2011 PERS Safety employees (Harbor Officers) in this unit with the following PERS optional benefits (existing employees promoted to another position within the City will not be considered new hires with respect to retirement formulas): 14,404.1 Highest Single Year Compensation (Section 20042) 14.404.2 Sick Leave Credit (Section 20965) 14.404.3 1959 Survivor Benefit (Section 21580) 14.494.4 3% @ 50 Retirement Formula (Section 21362.2) 14,404.5 3rd Level Survivor Benefit (Section 21573) 14.104.6 Military Service Credit (Section 21204) 14.404.7 4" Level Survivor Benefit (Section 21574). 14.5.1 36 consecutive months final compensation 14.5.2 Sick Leave Credit effective 6-24-89 (Section 20965 14.5.3 4" Level Survivor Benefit (Section 21574) 14.5.4 1959 Survivor Benefit effective 6-24-89 (Section 21580) 14.5.5 Military Service Credit effective 6-9-98 (Section 21024) 14.5.6 3% la 55 Retirement Formula 14.5.7 Pre -Retirement Optional Settlement 2 Death Benefit 14.446 If the State Legislature adopts a two-tier PERS retirement program applicable to unit members, then all unit members employed after the effective date of such PERS changes shall be placed in a new retirement plan or one selected by the CITY. Current employees at the time of plan adoption will have a one-time option to enter the new plan; enrollment period to be selected by CITY. 1:1-�ST�rnI_ra-L1r:�,rirr_:1 �.1_r_�rn:mlrr_t1' City of Morro Bay General Unit Page 15 20"2012-201 12013 0 11 I] 1] 11 ARTICLE 15 - HEALTH BENEFITS 151 A�r_n,.,c-DIGAIGAi HEALTH INSURANCE: 15.1.1 Employe of this UNIT shall participate in the PERS medical insurance Plans on a cafeteria style basis, with the CITY contributing the PERS minimum (currently S108/month) to the active employee's medical insurance and S1.00/month or the amount required by PERS to retiree medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and retiree. 15.1.2 UNIT employees receive a cafeteria plan contribution (including the amount required by PERS in 15.1.1 above) as follows: less Employee only - up to $715/month or cost of insurancewhichever is less Employee + 1 — up to 5967/month or cost of insurance whichever is less Employee + family - up to $1080/month or cost of insurance whichever is less 15.1.4 Effective January 1, 2009 cash -back was eliminated except as provided herein. Employees receiving cash -back in December 2008 shall continue to receive the same amount for the term of this agreement except that if a cash -back employee changes the structure of their insurance (add dependents, delete dependents drop insurance with the CITY change carriers, etc.) cash -back is not an option. Cash -back will be eliminated for employees during the open enrollment period in 2012 for calendar year 2013, and in subsequent years if said employees are required (because of eliminated plans) to change carrier. In the event an employee receiving cash -back is forced to make a plan change because the CITY changes plans and/or ceases to contract with PERS for insurance, that employee will maintain cash -back ...rx r:.oxs.v-. 2 . - _ _ .. - . .. .. _ - City of Morro Bay General Unit Page 16 30082012 201-12013 Formatted: Don't hyp —te - - Formatted: Keep with neat, Keep lines toged y------------- for Employee +2+ far ,..prim. insurance ratei increasesannually, begnning danuaFy- , 2009 01 n .•i2vrv-vnd-20"—inn n. '-he-remalndeavroff any inete"c-a-..e shah be paid by employee- 15.2 DENTAL AND VISION INSURANCE: -- Formatted: tine spacing: 6tu1tiple 1.05 li, Keep with next, Keep lines together 15.2.1 During the term of this Agreement, the CITY shall offer dental/life and vision insurance and each employee shall be required to carry both dental/life and vision insurance for self. Life Insurance is provided at. City of Morro Bay General Unit 220G82012 201-12013 Page 17 u 11 \J $20,000 per employee. The following rates are effective January 1 20082012. VISION DENTAL LIFE TOTALS Employee Only S 8.63 S 40.07 S3.60 S 52.30 Employee +1 $17.26 5106.39 S3.60 $127.25 Employee +2 $22.29 $111.74 53.60 $137.63 Employee Only $8.30 $4Od0 56-20 &54.90 Employee +1 $1647 1 TN $6..29 $129.27 €mpleyee +2+ $21..26 $107.^-, 0 $6.20 $134 406 Employee will be responsible for the following monthly amounts for dental/life and vision beginning with the pay period including January 1, 20092012: Employee Only $2.2093 Employee + 1 $7.34-71 75 Employee + 2+ $7 8012 21 CITY will pay the remaining premium for dental/life and vision. Ci 15.3 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. 15.4 The provisions of this section shall be binding on the parties through the remainder of this agreement and for the term of the agreement that will be effective July 1, 20082012. The parties agree herewith that no further collective bargaining will occur with respect to this section for the term of the agreement ending June 30, 2O412013. ARTICLE 16 - EDUCATION INCENTIVES 16.1 CITY agrees to reimburse the costs for job related and job -required certifications, correspondence courses, and licenses (except Class III driver's license) upon successful completion of the examination or course by the employee having written authorization in advance from their department head. This shall include application fees, examination fees, and certificate fees. Renewal fees may be paid in advance by the CITY. This provision does not apply to continuing education requirements. City of Morro Bay General Unit 38092012 201-12013 Pate 18 11 CITY agrees to provide a CITY vehicle, when available, during normal working hours for required transportation and will permit paid time for employee to take examinations scheduled during normal working hours. No mileage payments are authorized for personal transportation, and time spent outside normal working hours shall not be compensated, except that tests taken for CITY required certifications shall be taken in paid status. 16.2 COLLEGE DEGREES: 16.2.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above the minimum required in their respective classification. Associate of Arts Degree - $ 600 annually Bachelors Degree $1200 annually 16.2.2 If an employee's job description requires an AA degree and the employee has a Bachelor's Degree, the employee will receive only the difference between an AA and a BA degree, or $600 annually. 16.2.3 If an employee's job description requires a degree or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. The parties agree that this section shall not be interpreted to reduce the amount of education incentive pay that any employee hired prior to January 1, 1998 receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee hired prior to January 1, 1998 promotes to a position requiring a degree not required by the lower position, or if the job description for an employee hired prior to January 1, 1998 is revised to require a degree not previously required for the position, the employee shall continue to receive the amount of the education incentive pay received in the lower position or previous job description. 16.2.4 Based on the new job descriptions for all classifications which were adopted in May 1996, employees currently in positions now required to hold an AA or BA degree according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees hired on or after January 1, 1998 or current employees promoted on or after January 1, 1998 to positions requiring degrees will be subject to section 16.2.3 above. City of Mono Bay General Unit 2-ON2012 201-12013 Page 19 C s ARTICLE 17 - WORK UNIFORMS 17.1 CITY will provide work coveralls, including laundry service, for each employee whose working conditions create undue wear and tear on work clothing. CITY will select and provide uniform work shirt, including laundry service, for all field employees. Work shirts shall include a CITY logo and the employee's name. 17.2 Determination of individual entitlement to CITY -provided work uniforms will be at the discretion of the appropriate department head, and with the approval of the City Manager. Unit members in classifications currently receiving uniforms shall continue to do so. 17.3 SAFETY SHOES: Employees required to wear steel -toed safety shoes in the performance of their duties shall be eligible to receive an annual allowance for the provision of said shoes in the amount of one hundred twenty dollars $120-.W per fiscal year. Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. ARTICLE 18 — WAGES AND INCENTIVES 18.1 Effective the pay period beginning June-2-&IL, 20082012, salaries shall be Fo�nm: Lett increased by 2' five (5%) percent for Miscellaneous and seven (7%) percent for 3%! FffeGtiye the pay nn: na beginningn oa 2010 salaFies shall be �d by 4%. 182 Required Certificate. Employees in the Maintenance WeFkn. Glassifisations in the emigleyee ..l..ss ftatwe s are: Water OistF;bution System I nn.l...n�Ln• \ Alm Employees in the Maintenance Worker classifications in the Collections division shall receive a $75 per month incentive for the California Water Environment Association Collections Certificate required by their classification. Those employee classifications are: Wastewater Collection System Leadworker and Wastewater Collection System Operator I. II and III. Cit%. of Morro Bay General Unit 30052012-20112013 Paae 20 11 18.3 Additional Certificate. An employee certified as a Wastewater Treatment Plant Operator with a certificate issued by the California State Water Resources Control Board, or these employees eeFt `ed as ^' `^Fth in ^^''^^ ^ 8 2 Phnvethose employees certified as Water System Operator and Wastewater Collection System Operator, shall receive a $50 per month incentive for one certification above that required by the position held. Those employees certified as Water System Operator will additionally receive a $50 per month incentive for one treatment certification above that required by the position held.- 18.4 All salary adjustments, including but not limited to merit increases, educational incentives, and any other pay adjustments will take effect at the beginning of the next payroll period after the scheduled effective date of the increase. 18.5 Any and all special pay incentives will be calculated on base salary. 18.6 Attached Exhibit A reflects wages for members of this unit for the duration of this Agreement. ARTICLE 19 - SPECIAL PAY PRACTICES 19.1 STANDBY: 19.1.1 Standby duty is defined as that circumstance which requires an employee so assigned to: Be ready to respond immediately to a call for service; Be readily available at all hours by telephone or other agreed upon communication equipment; and Refrain from activities which might impair his/her assigned duties upon call. 19.1.2 It is agreed that personnel who are scheduled, on a routine basis, for standby duty shall be compensated at the rate of thirty-five dollars ($35.00) per day for each day of scheduled standby duty performed. Th s amour 19.2 CALL BACK: 19.2.1 Call back is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's work shift, except that an early call in of up to two (2)hours prior to the scheduled start of a work shift shall not be counted as a call back. City of Morro Bay General Unit 220982012-20112013 Page 21 L 19.2.2 CITY will guarantee a minimum of three work hours credit (four and one half (45)-hours compensation), for each employee called back for work as defined above. 19.2.3 Whenever an employee is called back to work, the CITY considers the employee "on -duty" for three (4hours even if employee returns home. No additional call-back time pay is allowed during this period if the employee is again called back. However, if more than three (3"ours have passed since the initial call-back and the employee is called back to work again, the employee may claim an additional three work hours credit four and one half Q4 hours call-back compensation) under the conditions set forth in 19.2.1 above. 19.2.4 Said employee shall receive either pay or compensatory time -off, pursuant to Article 10 - Overtime Compensation, for the minimum or for all time actually worked, whichever is greater. 19.2.5 Employees called back to work pursuant to this section shall be eligible for mileage reimbursement when utilizing their personal vehicle. 19.3 Members of this Unit who are required by their supervisor to attend meetings ® outside of the normal work schedule shall be paid a minimum of three hours at time and one-half without regard to hours actually worked during the work week. Meetings during regular work hours shall be included in employees' regular rate of pay and not compensated beyond that. ARTICLE 20 - PROBATION The probationary period for newly hired employees shall be twelve 12 months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The CITY shall have the option of granting a newly hired employee regular status at any time after nine Wmonths of service. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 PURPOSE OF PROCEDURE: The primary purpose of this procedure shall be to provide a means whereby an employee, without jeopardizing his/her employment, can express a personal grievance relating to his/her wages, hours of work, and working conditions, and obtain a fair and equitable disposition of his/her grievance. City of Morro Bay General Unit 39082012 20i 12013 Page 22 21.2 DEFINITION OF INFORMAL GRIEVANCE: An informal grievance is defined as an oral (or email) concern by an employee expressed to his/her supervisor with a request to informally discuss the grievance with the supervisor and/or the department head. 21.3 DEFINITION OF FORMAL GRIEVANCE: A formal grievance shall be defined as any formal written complaint of an employee filed with his/her immediate supervisor within thirty (30) days of the action or inaction by the CITY which constitutes the subject of the grievance relating to his/her wages, hours of work, and working conditions. Such grievance shall not include performance evaluations or reprimands. However, employees may provide a written rebuttal to a performance evaluation or written reprimand that will be attached to the original document for placement in the employee's file. 21.4' INFORMAL DISCUSSION WITH SUPERVISOR: An employee shall first pursue all informal grievances with his/her supervisor and at any time that the employee deems that the informal grievance is a formal grievance, the employee may reduce it to a formal written grievance. 21.5 FORMAL CONFERENCE WITH SUPERVISOR: If an employee does not obtain satisfaction of his/her informal grievance by means of an informal discussion with his/her supervisor, or if employee is unable to communicate with his/her supervisor, employee and/or his/her representative may, by written grievance, request and shall be accorded a formal conference within ten (40)-days with the supervisor and/or department head. The decision of the supervisor shall be reported to the employee and/or his/her representative within five (3)-business days of the date the conference was held with the supervisor. 21.6 DEPARTMENT REVIEW: In the event the employee does not obtain satisfaction at any level of review by means of informal or formal grievance and a formal conference with his/her supervisors, employee and/or his/her representative may submit the grievance in writing to the supervisor or department head. The procedure to be followed by the supervisor who receives a grievance in writing shall be established by each department head for his/her department, and shall include review of the grievance by the immediate supervisor and such successively higher levels of management as may be determined by the department head. A cumulative record of the decision and the reason for the decision at each level of review shall be City of Morro Bay General Unit a-GN2012-201 12013 Page 23 0 maintained. The ultimate decision shall be that of the department head. The decision must be reported to the employee in writing within ten (4%business days of the date that the request for departmental review was submitted to the supervisor. 21.7 MEDIATION: If, within ten (4 Wworking days after receipt of the written decision of the department head the employee is still dissatisfied, he or she may request the services of a mediator from the State Mediation and Conciliation Service. CITY is not bound by the determination and/or recommendations of said mediator. 21.8 APPEAL TO THE CITY MANAGER: In the event the employee does not obtain satisfaction by means of the mediator, employee and/or his/her representative shall submit the grievance in writing to the City Manager within ten (38}days after notification of the mediator's determination is given to the employee. The City Manager may meet with the employee and/or his/her representative, the mediator and the department head before making a decision, or may ® waive administrative review and refer the grievance directly to a committee of the City Council appointed to hear grievances. A copy of the City Manager's decision on the matter must be presented to the employee within ten O*business days of the date the grievance was filed with the City Manager. 21.9 SUBMISSION TO A COMMITTEE OF THE CITY COUNCIL: In the event that the employee does not obtain satisfaction by means of the administrative procedures outlined above, he/she may request a hearing by a committee of the City Council. The hearing shall be held by the committee within fifteen (13}business days of the date of receipt of the request at the convenience of all parties, unless waived by mutual consent of the employee and the department head. The hearing shall be informal. The employee and/or his/her representative, the department head and/or the City Manager shall appear before the committee to present the facts pertinent to the case. The burden of proof shall rest with the employee. The committee shall limit its review of the grievance to the subject matter contained in the previous steps of the grievance procedure and shall make its decision within thirty (Wydays after the termination of the hearing unless of the hearing unless a reasonable time extension is deemed necessary and all parties are notified. City of Morro Bay General Unit 20082012-201-1-2013 Page 24 21.10 TIME LIMITS: In case the time limits outlined above are not observed by the representative of the CITY, the employee and/or his/her representative shall have the right to carry the grievance directly to the next higher level of review. 21.11 GROUP GRIEVANCE PROCEDURE: The recognized employee organizations may present a general grievance (affecting several employees) in writing directly to the City Manager. Upon receipt of such grievance, the City Manager shall establish a time for a hearing, at which time all affected parties may appear before the City Manager to present facts pertinent to the issue. The decision of the City Manager shall be presented to all parties concerned within fifteen (1- ) business days and, within five (5)-business days of receipt of the City Manager's decision which is unacceptable, shall be appealable by the group to a committee of the City Council for their findings and recommendations within thirty (30}days thereafter. If either party wishes to appeal, they may file an appeal with the City Council as a whole within five (5) business days of the final decision of the committee of the City Council. ARTICLE 22 - NO STRIKE, NO LOCK -OUT 22.1 During the term of this Agreement, the CITY will not lockout any employees nor will Unit employees or the UNION cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage "sick out", or strike (including economic, sympathy, and unfair labor practice strikes) or any intentional slowdown of work. The term .'other concerted action" includes picketing or boycott activities by the UNION. 22.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 22.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 23 - FULL UNDERSTANDING, MODIFICATION, WAIVER 23.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. City of Morro Bay General Unit 20482012-201 i2013 Page 25 E 11 11 23.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. Notwithstanding the foregoing, It is agreed that from time -to -time the CITY may introduce changes in its Personnel Rules and offer the Union an opportunity to meet and confer prior to implementing changes within the scope of bargaining. 23.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the CITY and ratified by the membership of the UNION. 23.4 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 24 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted ® by law, but all other provisions will continue in full force and effect. Date: Date: SEIU LOCAL 620 CITY OF MORRO BAY @wse-COFsawMike Woods, Field Representative William Avery, Chief Negotiator Baaay RebertsenMichael Mobley, Team Member Andrea Lueker, City Manager €Fis ZattDustin Pittman, Team Member Administrative Services Director Rebecca Kelly, Team Member Cit_v of Morro Bav General Unit Page 26 Susan Slayton, 20082012 20112013 MEMORANDUM OF UNDERSTANDING SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620 AND ® THE CITY OF MORRO RAY 2 JULY 19 2012 - JUNE 309 2013 City of Morro Bay General Unit , 2012-2013 Page i Table of Contents ARTICLE1 - PURPOSE.............................................................................................................................. 1 ARTICLE2 - MANAGEMENT ................................ :................................................ ................ .... .... ....... ...... 1 ARTICLE 3 - RECOGNITION...................................................................................................................... 4 ARTICLE4 -UNION BUSINESS ........... :................................. :.............................................. :.................... 5 ARTICLE 5 - AUTHORIZED AGENTS......................................................................................................... 6 ARTICLE 6- UNION SECURITY AND WITHHOLDING OF UNION DUES/FEES..................................... 6 ARTICLE7 - TERM...................................................................................................................................... 8 ARTICLE 8 - RENEGOTIATIONS..........' . ........................ .............................................................................. 8 ARTICLE 9 - ANTI -DISCRIMINATION ........ :........................................ ........................................................ 9 ARTICLE 10 - WORK SCHEDULE.............................................................................................................. 9 ARTICLE 11 -VACATION LEAVE............................................................................................................. 10 ARTICLE12 - HOLIDAYS.......................................................................................................................... 12 ARTICLE 13 - SICK LEAVE....................................................................................................................... 13 ARTICLE 14 - RETIREMENT BENEFITS.................................................................................................. 13 ARTICLE 15 - HEALTH BENEFITS... ... .................................................................................................... 15 ARTICLE 16 - EDUCATION INCENTIVES................................................................................................ 16 ARTICLE 17 -WORK UNIFORMS............................................................................................................. 18 ARTICLE 18 -WAGES AND INCENTIVES............................................................................................... 18 ARTICLE 19 - SPECIAL PAY PRACTICES............................................................................................... 19 ARTICLE 20 - PROBATION........................................................................................................................ 20 ARTICLE 21 - GRIEVANCE PROCEDURE............................................................................................... 20 ARTICLE 22 -.NO STRIKE, NO LOCK-OUT......................................................................I........ I.............. 23 ARTICLE 23 - FULL UNDERSTANDING, MODIFICATION, WAIVER ...................................................... 23 ARTICLE 24 - SEVERABILITY................................................................................................................... 24 �J City of Morro Bay General Unit 2012-2013 Page ii ® MEMORANDUM OF UNDERSTANDING BETWEEN SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL NO. 620, AFL-CIO AND THE CITY OF MORRO BAY JULY 2012-JUNE 2013 ARTICLE 1 — PURPOSE 1.1 WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and 1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate, and in structure because it is a public entity rather than a profit making business; and 1.3 . WHEREAS, Service Employees' International Union Local No. 620 and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE, this Memorandum of Understanding is July 1, 2012 between the City of Morro Bay, referred to as "CITY" and Service Employees' International Union Local No. 620, referred to as the "UNION." 1.5 It is the intent and purpose of this Memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise, and to negotiate any misunderstanding which could arise, and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 — MANAGEMENT 2.1 In order to ensure that the CITY shall continue to carry out its municipal functions, programs, and responsibilities to the public imposed by law, and to.maintain efficient public service for the citizens of Morro Bay, the CITY continues to reserve and retain solely and exclusively all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law and those CITY rights set forth in the CITY's Personnel Rules and Regulations and including, but not limited, to the following: 2.1.1 To manage the CITY, determine policies and procedures, and the right to ® manage the affairs of all Departments. City of Morro Bay General Unit 2012-2013 Page 1 2.1.2 To determine the existence, or nonexistence, of facts which are the basis of the management decision in compliance with State law. 2.1.3 To determine the necessity, organization, implementation, and termination of any service or activity conducted by the CITY or other government jurisdiction, and to expand or diminish services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees, in accordance with Department or CITY rules, regulations, or ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of services to be provided to the public. 2.1.6 To require performance of other public services, not specifically stated herein, in the event of emergency or disaster, as deemed necessary by the CITY. 2.1.7 To lay off employees because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the CITY. 2.1.8 To determine and/or change facilities, methods, technology, equipment,. operations to be performed, organization structure, and allocate or assign work by which the CITY operations and services are to be conducted. 2.1.9 To determine method(s) of financing. 2.1.10 To plan, determine, and manage Departments' budget which includes, but is not limited to,.changes in the number of locations and types of operations, processes and materials to be used in carrying out all functions, and the right to contractor subcontract any work or operations. 2.1.11 To determine the size and composition of the work force, assign work to employees of the CITY in accordance with requirements determined by the CITY, and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this agreement, or subsequent agreements. City of Morro Bay General Unit 2012-2013 Page 2 ® 2.1.12 To establish and modify goals and objectives related to productivity and performance programs and standards, including, but not limited to, quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees in accordance with division and/or CITY Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the CITY, and to take necessary action to achieve the goals and objectives of the CITY. 2.1.15 To hire, transfer intra- or inter -Department, promote, reduce in rank, demote, reallocate, terminate, and take other personnel action for non - disciplinary reasons, in accordance with Department and/or CITY Rules, Regulations and Ordinances. 2.1.16 To determine policies, procedures and standards for recruiting, selecting, training and promoting employees. ® 2.1.17 To establish, implement,and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in facilities and operation. 2.1.19 To restrict the activity of an employee organization on CITY facilities, except as set forth in this agreement. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the CITY in emergencies or any other time deemed necessary by the CITY and not specified above. 2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code. 2.3 AUTHORITY OF THIRD PARTY NEUTRAL - MANAGEMENT RIGHTS All management rights, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the CITY. No third ® parry neutral shall have the authority to diminish any of the management rights which are included in this agreement. City of Nlorro Bay General Unit 2012-2013 Page 3 1 2.4 Nothing herein is meant to diminish employee rights provided by the Government Code. ARTICLE 3 — RECOGNITION 3.1 Pursuant to Resolution No. 74-69, the Employer -Employee Relations Resolution of the City of Morro Bay and applicable state law, Service Employees International Union Local 620 (hereafter "UNION") was designated by the City of Morro Bay (hereafter "CITY") City Council as the exclusive representative of City employees in the Miscellaneous Employees Unit (hereafter "UNIT'). The UNIT is comprised of the following classifications: Account Clerk I Account Clerk II Administrative Technician Administrative Utilities Technician Assistant Planner Associate Planner Building Inspector Engineering Technician I Engineering Technician II Engineering Technician III Facility Maintenance Worker Harbor Business Coordinator Harbor Patrol Officer Harbor Patrol Officer Supervisor. Housing Programs Coordinator Maintenance Leadworker (Facilities, Parks, Streets) Maintenance Worker I (Facilities, Parks, Streets) Maintenance Worker II (Facilities, Parks, Streets) Maintenance Worker III (Facilities, Parks, Streets) Mechanic Office Assistant 11 Office Assistant III Office Assistant IV Permit Technician Recreation Supervisor - Sports Recreation Supervisor - Youth Wastewater Treatment Plant Operator In -Training Wastewater Treatment Plant Operator I Wastewater Treatment Plant Operator II Wastewater Treatment Plant Operator II/Lab Analyst Wastewater Treatment Plant Supervisor. City of Morro Bay General Unit 2012-2013 Page 4 ® Wastewater Collection System Leadworker Wastewater Collection. System Operator I Wastewater Collection System Operator II Wastewater Collection System Operator III Wastewater Collection System Supervisor Water System Operator I Water System Operator II Water System Operator III Water System Supervisor The term "employee" or "employees," as used herein, shall refer only to the foregoing classifications. 3.2 Employees working on a regular basis in a classified position, but less than full- time, shall receive vacation and sick leave accruals on a pro -rated basis commensurate with hours worked. Effective January 1, 1998, all benefits for new hires, -including insurance benefits, will be allocated on a pro -rated basis commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT: All Employees hired after the effective date of this contract shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH-member financial institution. ARTICLE 4 - UNION BUSINESS 4.1 Employee representatives designated by the UNION shall be granted time off, without loss of pay, to attend "meet and confer" sessions with the City Manager, and/or his/her designee, on subjects within the scope of representation when such meetings are scheduled during regular working hours. Should such meeting extend beyond an employee representative's regular working hours, the employee representative shall be paid for only the regular working hours. It is understood that this "time -off provision" shall only apply to a maximum of three employees attending any one meeting between CITY and UNION. Where exceptional circumstances warrant, the City Manager may approve the attendance at such meetings of additional employee representatives. The UNION shall, whenever practicable, submit the names of all employee representatives to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further: 1) that no employee representative shall leave his/her duty or work station or assignment without specific approval of the department head or other authorized CITY management official; and 2) that any ® such meeting is subject to scheduling by CITY management and UNION in a manner consistent with operating needs and work schedules. City of Morro Bay General Unit 2012-2013 Page 5 4.2 Nothing provided herein shall limit or restrict CITY management and UNION from scheduling such meetings before or after regular CITY or work hours. 4.3 Off -duty employees will not be paid for attending meet and confer sessions, nor will over -time be paid for same. ARTICLE 5 - AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this agreement: 5.1 Management's principal authorized agent shall be the City Manager, or his/her duly authorized representative (address: 595 Harbor Street; Morro Bay, CA 93442; telephone: (805) 772-6201), except where a particular management repre- sentative is specifically designated in the agreement. 5.2 The UNIT's principal authorized representative shall be: Service Employees International Union Local 620 (2345 South Broadway, Ste C, Santa Maria, CA 93454 (805)963-0601). 5.3 The UNION shall furnish the CITY's City Manager with a written list, identifying by name and work location up to three stewards and one chief steward. 5.4 UNION stewards shall be authorized when participating in the investigation and processing of a grievance to take a reasonable amount of CITY —time, without loss of compensation or benefits, to perform these duties. 5.5 UNION stewards shall be selected in accordance with current SEIU written policy on file with the CITY Personnel Office. ARTICLE 6 — UNION SECURITY and WITHHOLDING OF UNION DUES/FEES 6.1 "Maintenance of Membership" All UNIT employees who, on the effective date of this Memorandum, are members of SEIU, Local 620, and all such employees, who thereafter voluntarily become members of Local 620, shall maintain their membership in Local 620; subject to the right to resign membership during the period commencing thirty days prior to the June 30 of each year of this MOU. 6.2 Agency Shop Pursuant to UNION's initiation allowed by an amendment to the Meyers-Milias- Brown Act, the CITY and the UNION will abide by the following provisions as they relate to an agency shop. City of Morro Bay General Unit 20.12-2013 Page 6 0 Agency Shop as defined under Meyers-Milias-Brown means "an arrangement that requires and employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization." CITY recognizes that UNION has petitioned for and a majority of employees have cast ballots in a secret ballot election in favor of agency shop for this bargaining unit. The United States Supreme Court has decided that Unions may not charge non- members for expenses unrelated to the actual representation of the employees in the bargaining unit such as political contributions, organizing activities, and member -only benefits. Employees who question whether the amount of the Union's Agency Fee contains unlawful charges may file a written objection with the Union to the Agency Fee and, if successful, have their Agency Fee reduced to cover only the lawfully chargeable amount. Any costs related to this objection process will be borne by the Union. 6.3 Conscientious Objection: Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially support public ® employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. Such employees shall be required to, in lieu of periodic dues, initiation fees, or agency fees, pay sums equal to the dues, initiation fees, or agency fees to a nonreligious, non -labor charitable fund exempt from taxation under Section 501(C)(3) of the Internal Revenue Code, chosen by the employee from the following: Hospice, CASA, or United Way for the purpose of payroll deductions. Proof of payments shall be made on a monthly basis to the Public Agency as a condition of continued exemption from the requirement of financial support to the UNION. 6.4 Covered employees shall execute written authorization for either UNION dues deductions, the agency fee, or, if eligible, the charitable contribution. In the absence of a written authorization, the CITY shall deduct the agency fee from the employees' paycheck pursuant to California Government Code Sec. 3502. The CITY agrees to promptly remit -to the UNION all monies deducted accompanied by a "Agency Fee Deduction Report" to include the names and amounts of deductions in the same manner and timeframes as the current provision of the dues deduction reports. 6.5 Rescission of Agency Shop This agency shop provision may be rescinded by a majority vote of all the employees in the unit covered. by the Memorandum of Understanding, provided ® that: City of Morro Bay General Unit 2012 2013 Page 7 6.5.1 A request for such a vote is'supported by a petition of at least 30% of the employees in the bargaining unit; 6.5.2 The vote is by secret ballot; 6.5.3 The vote may be taken at any time during the term of the Memorandum of Understanding, but in no event shall there be more than one vote taken during each contract year. 6.6 Applicability An agency shop arrangement shall not apply.to management, confidential, or supervisory employees. 6.7 Reporting Requirement. The UNION shall keep an adequate itemized record of its financial transactions and shall make available annually, to the CITY and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an opening statement, certified as to accuracy by its president and treasurer or corresponding principal officer, a certified public accountant, or as otherwise required by law. 6.8 Indemnification. The UNION shall indemnify and hold the CITY harmless against any liability arising from any claims, demands, or other action relating to the CITY's compliance with the agency shop obligation. The UNION shall comply with all statutory and legal requirements with respect to Agency Shop. ARTICLE 7 - TERM Except as otherwise specifically provided herein, the term of this Agreement commences July 1, 2012, and expires and is otherwise fully terminated.at midnight on June 30, 2013.. ARTICLE 8 - RENEGOTIATIONS 8.1 In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other during the period December 1, 2012 to January 30, 2013, its written request to begin negotiations as well as its full and entire written proposals amending this agreement. 8.2 The parties agree that, except by mutual agreement, no new subjects may be introduced into the process after the third negotiations meeting. 8.3 Upon receipt of such written notice and proposals, negotiations shall begin no later than March 1, 2013. City of Morro Bay General Unit 2012-2013 Page 8 E 8.4 The Union will complete and provide to the City a classification/compensation study for all unit classifications by February 28, 2013. ARTICLE 9 - ANTI -DISCRIMINATION The CITY and UNION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code.Section 3502. ARTICLE 10 - WORK SCHEDULE This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. 10.1 WORKDAY: The normal workday shall be eight hours of work in a 24 consecutive hour period, except in cases of emergencies. Alternative work schedules can be implemented upon approval of the City Manager, and providing they are not in violation of FLSA regulations. ® 10.2 WORK SHIFT: Employees shall be scheduled to work on regular work shifts having regular starting and quitting times. Except for emergencies, employees' work shifts shall not be changed without 24 hour prior notice to the employee. Call -out or overtime does not constitute as change in work shift. 10.3 WORKWEEK: The normal workweek shall be five workdays and two consecutive days of rest in a seven day period beginning Saturday, 12:00 a.m. and ending seven days later on Friday night at 11:59 p.m., except in cases of emergencies, or at the specific request of an employee and approval of department head. Nothing herein shall be construed to eliminate currently established irregular work schedules. 10.4 OVERTIME COMPENSATION: 10.4.1 All work required by the CITY and actually performed beyond 40 hours . worked in a workweek is defined as Fair Labor Standards Act (FLSA) overtime. FLSA overtime shall be compensated at one and one-half (times the employee's regular rate of pay, as defined by FLSA. 10.4.2 Designated CITY holidays shall be considered as time worked for purposes of computing overtime for personnel working a Monday through Friday, ® eight hours a day, schedule with Saturday and Sunday as regular days off. Employees working other schedules will accrue eight hours holiday time City of Morro Bay General Unit 2012-2013 Page 9 and, if working on the CITY designated holiday, be paid at the rate of one 40 and one-half (time the employee's regular rate of pay, as defined by FLSA. Effective upon the ratification of this contract, vacation hours used shall also be considered as time worked for overtime calculation purposes. 10.4.3 There shall be no double compensation for the same hours of work, nor any "pyramiding" of overtime. 10.5 COMPENSATORY TIME OFF (CTO): 10.5.1 At the employee's option, Compensatory Time Off may be taken in lieu of payment for overtime. 10.5.2 CTO may be accrued. An employee's CTO balance shall indicate the amount of CTO available for employee's use.. For example, if an employee works two hours of FLSA overtime and elects to accrue CTO, the employee's CTO balance shall indicate three hours. 10.5.3 An employee's CTO balance shall not exceed a maximum of 60 hours. If overtime is earned which would exceed this limit, the excess shall be paid in cash. 10.5.4 All CTO requested by an employee must be approved in advance by the employee's Department Head. 10.6 EMERGENCIES: 10.6.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. 10.6.2 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. 10.7 SHIFT ROTATION: Shift rotation shall coincide with the first day of a pay period. ARTICLE 11 -VACATION LEAVE NOTE: All leave time (vacation, sick leave, holiday, etc.), will be taken off on an hour for hour basis equaling employee actual time off, regardless of accumulation rates. City of Morro Bay General Unit 2012-20.13 Page 10 2 11.1 During the term of this agreement, paid vacation leave shall be earned at the following rate: Maximum Entitlement Service Years Days Hours 1 thru 2 10 80 3 thru 4 11 88 5 thru 6 12 96 7 thru 8 13 104 9 thru 10 14 112 11 thru 12 15 120 13 thru 14 16 128 15 thru 16 17 136 17 thru 18 18 144 19 thru 20 19 152 21 or more 20 160 11.2 The standard for vacation time is eight hours equals one day. ® 11.3 MAXIMUM ACCUMULATION: It is recognized long-standing accumulations of vacation time exist for some employees. In order to compensate employees for this unused vacation time and reduce this liability for the CITY, CITY and UNION agree on the following policy: 11.3.1 CITY and UNION agree that the vacation cap to be in place for this unit will be 220 hours, to be achieved in the following manner: 11.3.1.1 Unused vacation leave may be carried over into the calendar year 2008 and subsequent calendar years to a maximum of 220 hours. Employees exceeding the 220 hour maximum as of the pay period containing November 1 will be paid off for vacation time exceeding the 220 hour maximum. Payment shall be computed based upon the employee's base hourly rate of pay as of June 30 of the same calendar year. Vacation pay out will occur in the first pay period occurring on or after December 1. 11.3.2 Employees separating from the CITY are entitled to pay for accumulated vacation based upon employee's base hourly rate of pay as.of June 30 prior to separation. City of Morro Bay General Unit 2012-2013 Page 11 ARTICLE 12 - HOLIDAYS 12.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day Labor Day Veteran's Day Thanksgiving. Day Day after Thanksgiving Christmas Day New Year's Day Martin Luther King, Jr. Day Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday Floating Holiday July 4 1st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 January.1 3rd Monday in January February 12 3rd Monday in February Last Monday in May Varies Varies 12.2 Holidays falling on Saturday shall be observed on the preceding Friday and holidays falling on Sunday shall be observed on the following Monday; and, shall be considered designated holidays for purposes of overtime. 12.3 One holiday equals eight hours. Accrued holiday time may be taken in less than eight hour increments. 12.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be selected by the Department Head. 12.5 Employees may accumulate up to a maximum of 48 hours holiday time for holidays worked. Hours of holiday time accumulated over 48 hours will be paid off. When an employee terminates -employment with the CITY, he/she shall receive pay for his/her current holiday balance up to a maximum of 48 hours at his/her current base hourly rate. 12.6 . CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. 12.7 Employees who work on a CITY designated holiday shall have eight hours banked and also shall be paid one and one-half times their base hourly rate for the hours actually worked on the holiday. City of Morro Bay General Unit 2012-2013 Page 12 I] E ARTICLE 13 - SICK LEAVE 13.1 During the term of this agreement, sick leave shall be earned at the rate of one eight -hour workday for each calendar month of service. Sick leave used shall be actual employee time off. For example, if an employee works four 10 hour days per week and is off sick for one of the 10 hour days, 10 hours shall be deducted from employee's sick leave balance. There shall be no maximum to the amount of sick leave that an employee may accumulate. 13.2 Based on individual utilization of paid sick leave in the preceding calendar year; employee may convert unused accumulated sick leave into paid vacation leave once during.the following fiscal year, pursuant to the formula below: Maximum Conversion Sick Leave Utilization Sick Leave To Vacation Leave 0 hours 96 hours 48 hours .25 to 8 hours 72 hours 36 hours 8.25 to 16 hours 48 hours 24 hours 16.25 to 25 hours 24 hours 12 hours Over 25 hours 0 0 ® At least 160 hours shall remain in employee's sick leave bank after any conversion is authorized. 13.3 Upon the service retirement of an employee who has more than 10 years of service with the CITY, said employee shall be entitled to receive payment for up to the first 90 days of his/her accrued sick leave at thirty percent (30%) of the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. NOTE: Sick leave converted to service credit for PERS purposes cannot be compensated (converted to dollars). ARTICLE 14 - RETIREMENT BENEFITS 14.1 Effective July 7, 2012 all employees will contribute the entire employee retirement contribution.14.2 The CITY agrees to continue providing all employees hired prior to January 1, 2012 PERS Miscellaneous employees in this unit with the following PERS optional benefits (existing employees promoted to another ® position within the City will not be considered new hires with respect to retirement formulas): City of Morro Bay General Unit 2012-2013 Page 13 14.2.1 2.7% at 55 plan 14.2.2 Sick Leave Credit Option (Section 20965) 14.2.3 Military Service Credit (Section 21024) 14.2.4 Single Highest Year 14.2.5 1959 Survivor Benefit, 4th Leve14 14.3 For employees hired on or after January 1, 2012 the PERS Contract Amendment regarding 2-Tier Retirement Formulas and Final Compensation for PERS Miscellaneous employees, the CITY will provide a retirement benefit program through Public Employees Retirement System (PERS) with the following PERS optional benefits: 14.3.1 2% @ 60 plan (21353) 14.3.2 Sick Leave Option (Section 20965) 14.3.3 Final Compensation Average 36 consecutive highest months (20037) 14.3.4 Military Service Credit (21024) 14.3.5 1959 Survivor Benefit 4th Level (21574) 14.4 The CITY agrees to provide employees hired prior to September 17, 2011 PERS Safety employees (Harbor Officers) in this unit with the following PERS optional benefits (existing employees promoted to another position within the City will not be considered new hires with respect to retirement formulas): 14.4.1 Highest Single Year Compensation (Section 20042) 14.4.2 Sick Leave Credit (Section 20965) 14.4.3 1959 Survivor Benefit (Section 21580) 14.4.4 3% @ 50 Retirement Formula (Section 21362.2) 14.4.5 3rd Level Survivor Benefit (Section 21573) 14.4.6 Military Service Credit (Section 21204) 14.4.7 4th Level Survivor Benefit (Section 21574). 14.5 For PERS Safety employees (Harbor Patrol Officers) hired on or after September 17, 2011 the CITY will provide a retirement benefit program through Public Employees Retirement System (PERS) the retirement benefits set forth in 14.4 above will be modified and reads as follows. 14.5.1 36 consecutive months final compensation 14.5.2 Sick Leave Credit effective 6-24-89 (Section 20965) 14.5.3 4th Level Survivor Benefit (Section 21574) 14.5.4 1959 Survivor Benefit effective 6-24-89 (Section 21580) 14.5.5 Military Service Credit effective 6-9-98 (Section 21024) 14.5.6 3% @ 55 Retirement Formula 14.5.7 Pre -Retirement Optional Settlement 2 Death Benefit 14.6 If the State Legislature adopts a two-tier PERS retirement program applicable to unit members, then all unit members employed after the effective date of such City of Morro Bay General Unit 2012-2013 Page 14 11 11 PERS changes shall be placed in a new retirement plan or one selected by the CITY. Current employees at the time of plan adoption.will have a one-time option to enter the new plan; enrollment period to be selected by CITY. ARTICLE 15 - HEALTH BENEFITS 15.1 HEALTH INSURANCE: 15.1.1 Employees of this UNIT shall participate in the PERS medical insurance plans on a cafeteria style basis, with the CITY contributing the PERS minimum (currently $108/month) to the active employee's medical insurance and $1.00/month or the amount required by PERS to retiree medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and retiree. 15.1.2 UNIT employees receive a cafeteria plan contribution (including the amount required by PERS in 15.1.1 above) as follows: Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 — up to $947/month or cost of insurance, whichever is less Employee + family - up to $1050/month or cost of insurance, whichever is less 15.1.3 Effective January 1, 2013, UNIT employees receive a cafeteria plan contribution (including the amount required by PERS in 15.1.1 above) as follows: Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 — up to S967/month or cost of insurance, whichever is less Employee + family - up to $1080/month or cost of insurance, whichever is less 15.1.4 Effective January 1, 2009 cash -back was eliminated except as provided herein. Employees receiving cash -back in December 2008 shall continue to receive the same amount for the term of this agreement except that if a cash -back employee changes the structure of their insurance (add dependents, delete dependents, drop insurance with the CITY, change carriers, etc.) cash -back is not an option. Cash -back will be eliminated for employees during the open enrollment period in 2012 for calendar year 2013, and in subsequent years, if said employees are required (because of eliminated plans) to change carrier. In the event an employee receiving cash -back is forced to make a plan change because the CITY changes plans and/or ceases to contract with PERS for insurance, that employee will maintain cash -back. City of Morro Bay General Unit 2012-2013 Page 15 15.2 DENTAL AND VISION INSURANCE: 15.2.1 During the term of this Agreement, the CITY shall offer dental/life and vision insurance and each employee shall be required to carry both dental/life and vision insurance for self. Life Insurance is provided at $20,000 per employee. The following rates are effective January 1, 2012. VISION DENTAL LIFE TOTALS Employee Only $ 8.63 $ 40.07 $3.60 $ 52.30 Employee +1 $17.26 $106.39 $3.60 $127.25 Employee +2 $22.29 $111.74 $3.60 $137.63 Employee will be responsible for the following monthly amounts for dental/life and vision beginning with the pay period including January 1, 2012: Employee Only $2.93 Employee + 1 $1.1.75 Employee + 2+ $12.21 CITY will pay the remaining premium for dental/life and vision. 15.3 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. 15.4 The provisions of this section shall be binding on the parties through the remainder of this agreement and for the term of the agreement that will be effective July 1, 2012. The parties agree herewith that no further collective bargaining will occur with respect to this section for the term of the agreement ending June 30, 2013. ARTICLE 16 - EDUCATION INCENTIVES 16.1 CITY agrees to reimburse the costs for job related and job -required certifications, correspondence courses, and licenses (except Class III driver's license) upon successful completion of the examination or course by the employee having written authorization in advance from their department head. This shall include application fees, examination fees, and certificate fees. Renewal fees may be paid in advance by the CITY. This provision does not apply to continuing education requirements. City of Mono Bay General Unit 2012-2013 Page 16 CITY agrees to provide a CITY vehicle, when available, during normal working hours for required transportation and will permit paid time for employee to take examinations scheduled during normal working hours. No mileage payments are authorized for personal transportation, and time spent outside normal working hours shall not be compensated, except that tests taken for CITY required certifications shall be taken in paid status. 16.2 COLLEGE DEGREES: 16.2.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above the minimum required in their respective classification. Associate of Arts Degree - $ 600 annually Bachelors Degree $1200 annually 16.2.2 If an employee's job description requires an AA degree and the employee has a Bachelor's Degree, the employee will receive only the difference between an AA and a BA degree, or $600 annually. ® 16.2.3 If an employee's job description requires a degree or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. The parties agree that this section shall not be interpreted to reduce the amount of education incentive pay that any employee hired prior to January 1, 1998 receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee hired prior to January 1, 1998 promotes to a position requiring a degree not required by the lower position, or if the job description for an employee hired prior to January 1, 1998 is revised to require a degree not previously required for the position, the employee shall continue to receive the amount of the education incentive pay received in the lower position or previous job description. 16.2.4 Based on the new job descriptions for all classifications which were adopted in May 1996, employees currently in positions now required to hold an AA or BA degree according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees hired on or after January 1, 1998 or current ® employees promoted on or after January 1, 1998 to positions requiring degrees will be subject to section 16.2.3 above. City of Morro Bay General Unit 2012-2013 Page 17 ARTICLE 17 -WORK UNIFORMS 17.1 CITY will provide work coveralls, including laundry service, for each employee whose working conditions create undue wear and tear on work clothing. CITY will select and provide uniform work shirt, including laundry service, for all field employees. Work shirts shall include a CITY logo and the employee's name. 17.2 Determination of individual entitlement to CITY -provided work uniforms will be at the discretion of the appropriate department head, and with the approval of the City Manager. Unit members in classifications currently receiving uniforms shall continue to do so. 17.3 SAFETY SHOES: Employees required to wear steel -toed safety shoes in the performance of their duties shall be eligible to receive an annual allowance for the provision of said shoes in the amount of $120 per fiscal year. Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. . ARTICLE 18 — WAGES AND INCENTIVES 18.1 Effective the pay period beginning July 7, 2012, salaries shall be increased by five (5%) percent for Miscellaneous and seven (7%) percent for Safety concurrent with the requirement that employees assume payment of the entire employee retirement contribution seven (7%) or eight (8%) percent for Miscellaneous employees and. nine (9%) percent for Safety employees. 18.2 Required Certificate. Employees in the Maintenance Worker classifications in the Collections division shall receive a $75 per month incentive for the California Water Environment Association Collections Certificate required by their classification. Those employee classifications are: Wastewater Collection System Leadworker and Wastewater Collection System Operator I, II and III. 18.3 Additional Certificate. An employee certified as a Wastewater Treatment Plant Operator with a certificate issued by the California State Water Resources Control Board, or those employees certified as Water System Operator and Wastewater Collection System Operator, shall receive a $50 per month incentive for one certification above that required by the position held. Those employees certified as Water System Operator will additionally receive a $50 per month incentive for one treatment certification above that required by the position held. City of Morro Bay General Unit 2012-2013 Page 18 18.4 All salary adjustments, including but not limited to merit increases, educational incentives, and any other pay adjustments will take effect at the beginning of the next payroll period after the scheduled effective date of the increase. 18.5 Any and all special pay incentives will be calculated on base salary. 18.6 Attached Exhibit A reflects wages for members of this unit for the duration of this Agreement. ARTICLE 19 - SPECIAL PAY PRACTICES 19.1 STANDBY: 19.1.1 Standby duty is defined as that circumstance which requires an employee so assigned to: Be ready to respond immediately to a call for service; Be readily available at all hours by telephone or other agreed upon communication equipment; and Refrain from activities which might.impair his/her assigned duties upon call. 19.1.2 It is agreed that personnel who are scheduled, on a routine basis, for standby duty shall be compensated at the rate of thirty-five dollars ($35.00) per day for each day of scheduled standby duty performed. 19.2 CALL BACK: 19.2.1 Call back is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's work shift; except that an early call in of up to two (hours prior to the scheduled start of a work shift shall not be counted as a call back. 19.2.2 CITY will guarantee a minimum of three work hours credit (four and one half hours compensation), for each employee called back for work as defined above. 19.2.3 Whenever an employee is called back to work, the CITY considers the employee "on -duty" for three hours even if employee returns home. No additional call-back time pay is allowed during this period if the employee is ® again called back. However, if more than three hours have passed since the initial call-back and the employee is called back to work again, the employee may claim an additional three work hours credit (four and one City of Morro Bay General Unit 2012-2013 Pa3e 19 half hours call-back compensation) under the conditions set forth in 19.2.1 above. 19.2.4 Said employee shall receive either pay or compensatory time -off, pursuant to Article 10 - Overtime Compensation, for the minimum or for all time actually worked, whichever is greater. 19.2.5 Employees called back to work pursuant to this section shall be eligible for mileage reimbursement when utilizing their personal vehicle. 19.3 Members of this Unit who are required by their supervisor to attend meetings outside of the normal work schedule shall be paid a minimum of three hours at time and one-half without regard to hours actually worked during the work week. Meetings during regular work hours shall be included in employees' regular rate of pay and not compensated beyond that. ARTICLE 20 - PROBATION The probationary period for newly hired employees shall be 12 months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The CITY shall have the option of granting a newly hired employee regular status at any time after nine months of service. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 PURPOSE OF PROCEDURE: The primary purpose of this procedure shall be to provide a means whereby an employee, without jeopardizing his/her employment, can express a personal grievance relating to his/her wages, hours of work, and working conditions, and obtain a fair and equitable disposition of his/her grievance. 21.2 DEFINITION OF INFORMAL GRIEVANCE: An informal grievance is defined as an oral (or email) concern by an employee expressed to his/her supervisor with a request to informally discuss the grievance with the supervisor and/or the department head. 21.3 DEFINITION OF FORMAL GRIEVANCE: A formal. grievance shall be defined as any formal written complaint of an employee filed with his/her immediate supervisor within thirty days of the action or inaction by the CITY which constitutes the subject of the grievance relating to his/her wages, hours of work, and working conditions. Such grievance shall not City of Morro Bay General Unit 2012-2013 Page 20 ® include performance evaluations or reprimands. However, employees may provide a written rebuttal to a performance evaluation or written reprimand that will be attached to the original document for placement in the employee's file. 21.4 INFORMAL DISCUSSION WITH SUPERVISOR: An employee shall first pursue all informal grievances with his/her supervisor and at any time that the employee deems that the informal grievance is a formal grievance, the employee may reduce it to a formal written grievance. 21.5 FORMAL CONFERENCE WITH SUPERVISOR: If an employee does not* obtain satisfaction of his/her informal grievance by means of an informal discussion with his/her supervisor, or if employee is unable to communicate with his/her supervisor, employee and/or his/her representative may, by written grievance, request and shall be accorded a formal conference within ten days with the supervisor and/or department head. The decision of the supervisor shall be reported to the employee and/or his/her representative within five business days of the date the conference was held with the supervisor. 21.6 DEPARTMENT REVIEW: In the event the employee does not obtain satisfaction at any level of review by means of informal or formal grievance and a formal conference with his/her supervisors, employee and/or his/her representative may submit the grievance in writing to the supervisor or department head. The procedure to be followed by the supervisor who receives a grievance in writing shall be established by each department head for his/her department, and shall include review of the grievance by the immediate supervisor and such successively higher levels of management as may be determined by the department head. A cumulative record of the decision and the reason for the decision at each level of review shall be maintained. The ultimate decision shall be that of the department head. The decision must be reported to the employee in writing within ten business days of the date that the request for departmental review was submitted to the supervisor. ►Ai�a01.7MAIN 9Is] 01 If, within ten working days after receipt of the written decision of the department head the employee is still dissatisfied, he or she may request. the services of a mediator from the State Mediation and Conciliation Service. CITY is not bound by the determination and/or recommendations ® of said mediator. City of Morro Bay General Unit 2012-2013 Page 21 21.8 APPEAL TO THE CITY MANAGER: In the event the employee does not obtain satisfaction by means of the mediator, employee and/or his/her representative shall submit the grievance in writing to the City Manager within ten days after notification of the mediator's determination is given to the employee. The City Manager may meet with the employee and/or his/her representative, the mediator and the department head before making a decision; or may waive administrative review and refer the grievance directly to a committee of the City Council appointed to hear grievances. A copy of the City Manager's decision on the matter must be presented to the employee within ten business days of the date the grievance was filed with the City Manager. 21.9 SUBMISSION TO A COMMITTEE OF THE CITY COUNCIL: In the event that the employee does not obtain satisfaction by means of the administrative procedures outlined above, he/she may request a hearing by a committee of the City Council. The hearing shall be held by the committee within fifteen business days of the date of receipt of the request at the convenience of all parties, unless waived by mutual consent of the employee and the department head. The hearing shall be informal. The employee and/or his/her representative, the department head and/or the City Manager shall appear before the committee to present the facts pertinent to the case. The burden of proof shall rest with the employee. The committee shall limit its review of the grievance to the subject matter contained in the previous steps of the grievance procedure and shall make its decision within thirty days after the termination of the hearing unless of the hearing unless a reasonable time extension is deemed necessary and all parties are notified. 21.10 TIME LIMITS: In case the time limits outlined above are not observed by the representative of the CITY, the employee and/or his/her representative shall have the right to carry the grievance directly to the next higher level of review. 21.11 GROUP GRIEVANCE PROCEDURE: The recognized employee organizations may present a general grievance . (affecting several employees) in writing directly to the City Manager. Upon receipt of such grievance, the City Manager shall establish a time for a hearing, at which time all affected parties may appear before the City City of Morro Bay General Unit 2012-2013 Page 22 ® Manager to present facts pertinent to the issue. The decision of the City Manager shall be presented to all parties concerned within fifteen business days and, within five business days of receipt of the City Manager's decision which is unacceptable, shall be appealable by the group to a committee of the City Council for their findings and recommendations within thirty days thereafter. If either party wishes to appeal, they may file an appeal with the City Council as a whole within five business days of the final decision of the committee of the City Council. ARTICLE 22 - NO STRIKE, NO LOCK -OUT 22.1 During the term of this Agreement, the CITY will not lockout any employees nor will Unit employees or the UNION cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage "sick out", or strike (including economic, sympathy, and unfair labor practice strikes) or any intentional slowdown of work. The term "other concerted action" includes picketing or boycott activities by the UNION. 22.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 22.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 23 - FULL UNDERSTANDING, MODIFICATION, WAIVER 23.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 23.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. Notwithstanding the foregoing, It is agreed that from time -to -time the CITY may introduce changes in its Personnel Rules and offer the Union an opportunity to meet and confer prior to implementing changes within the scope of bargaining. 23.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if ® required, approved by the CITY and ratified by the membership of the UNION. City of Morro Bay General Unit 2012-2013 Page 23 23.4 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 24 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Date: �w 3 d D ( L'l- SEIIJ LOCAL 620 d M' e Woods, Field Representative 0x� Michael Mobley, Team Mem er ustin Pittman, Team Member Re ecca Kel y, Te ember Date:-7A0/�O/; CITY -OF MORRO,B)AY William Avery, Chief Lueker, City Manager 'd�� V&yon- - Susan Slayton, Admi is rative Services Director City of Morro Bay General Unit 2012-2013 Page 24 u 11 RESOLUTION NO.29-12 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ivIORRO BAY, CALIFORNIA ADOPTING 2012/13 FISCAL YEAR ALL OPERATING BUDGETS EXCLUDING THOSE PERTAINING TO THE HARBOR DEPARTMENT 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 dav-to-dav business activities of the Citv: and WHEREAS. the Morro Bay City Council finds and determines that the appropriations are necessary for continued efficiencv, economv and effectiveness of the Citv 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. 2012: and ® WHEREAS. the continuine 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: WHEREAS. on June 26. 2012. the City Council made a motion to adopt all operating budgets with the exception of those pertaining to the Harbor Department, and authorized the continuation of the Harbor Department's 2011/12 budgets: and WHEREAS. on June 26, 2012, the City Council additionally authorized the purchase of a command vehicle for the Fire Chief from the General Government Vehicle Replacement Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California. that: 1. The Fiscal Year 2012/13 Operating Budgets are adopted, as presented herewith including chances made at the June 12 and June 26. 2012 Croy Council meetings, excluding all Harbor Department budgets, which will be adopted under a separate Resolution: 2. Staff is not directed to prepare and publish a final budget document. until the Harbor Department's budgets are adopted: 3. The City Vianager 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, other than those of the Harbor Department, that have been approved in prior fiscal years, but not completed by June 30. 2012: to the Capital Improvement Project Fund(s) for the 2012-13 fiscal year; 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 V The City Council chooses to continue the 2009/10 deferral of management and executive 3% Cost -of -Living Adjustment (COLA). PASSED AiND ADOPTED_. by the City Council of the City of Morro Bav_, at a regular meeting thereof held on the 26`s day of June 2012, by the following vote: AYES: Borchard. Johnson. Lease. Smukler. Yates NOES: None 0 ABSENT: None ATTEST: JANV BOUCHER, City Clerk 2 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET TABLE OF CONTENTS PAGE Preface i Budget Message ii City Officials, Commissions and Committees vi Organizational Chart vii Resolution of Adoption viii All Funds Summary of Revenues and Expenditures 1 All Funds Expenditures by Category 2 Historical City Staffing Levels - All Funds 3 GENERALFUND Summary 5 Revenues 6 Expenditures 7 ® Expenditures by Category 8 Departments City Council 9 Administration 10 City Attorney, 15 Administrative Services 16 Police 19 Fire 21 Public Services 23 Recreation and Parks 26 Transfers 38 ALL OTHER FUNDS District Transaction Tax 40 Morro Bay Tourism Business Improvement District 42 General Government Vehicle Replacement 44 General Fund Emergency Reserve 46 General Fund Facility Maintenance 48 Water Equipment Replacement 50 Sewer Equipment Replacement 52 Harbor Equipment Replacement 54 Community Development Grants 56 ® State Gas Tax 58 Lower Cost Visitor Accomodations Mitigation Fees 60 TABLE OF CONTENTS ALL OTHER FUNDS (CONTINUED) Traffic Safety Special Safety Grants Parking In -Lieu Transit Water Revenue Sewer Revenue Harbor Operating Risk Management Special Assessment Districts Trust and Agency - PEG Access Fees MB/CSD Wastwater Treatment Facility Governmental Impact Fees Park In -Lieu Fees State Park Marina Housing In -Lieu Water Reserve Sewer Reserve Harbor Reserve SCHEDULES: Capital Projects District Transaction Tax (Measure Q) Expenditure Requests Facility Maintenance Projects Completed Facility Maintenance Projects Five -Year Pavement Management Completed Pavement Management Projects Five -Year Capital Requirements 62 64 66 68 70 72 74 76 78 80 82 84 86 88 90 92 94 96 99 100 107 108 109 110 111 E ® PREFACE The 2012/13 preliminary annual budget is dedicated to the memory of Susan (Sue) Lichtenbaum, Harbor Business Manager, who passed away on February 26, 2012. Sue was a dynamic woman who worked for the City of Morro Bay for 24 years. She was respected by co- workers, lease holders, the fishing community and many others for her work ethic and common sense approach. The cover photo for the 2012/13 preliminary annual budget was taken by her. The 2012/13 preliminary annual budget may be accessed -on our website at www.morro- bay.ca.us. Public viewing copies will remain available at the.following locations: City Hall, 595 Harbor St.; and Morro Bay Branch -San Luis Obispo County. Library, 625 Harbor St. If you have any questions regarding this document, we invite you to contact City Hall at (805) 772-6201. r1 U 0 CITY OF MORRO BAY 17VY Morro Bay, CA 93442 May 23, 2012 Honorable Mayor and City Council, I am pleased to present the City of Morro,Baysgproposed annual budget for fiscal year 2012/13. As in years past, this documentis designed to provide:the Mayor and City Council with a macro, or high level view, of'tle;City's revenue and "expenditure plan. As with the previous six budgets, this summarized budget will be posted on the City website, which increases availability., to the public;:As a complement to the new schedules (Facility Maintenance Project,schedule arid;,Five Year Pavement Management Plan schedule) that were added to last year's budget, we have added, for both these schedules, the list of projects that have been completed.` µ For the first time Jn7 years, the General Fund will bee'balanced without the need for salary concessions "from the City. employees; or expenditure reductions: The.difficult negotiations with the labor groups,m past years were critical in surviving through those years when the.;General Fund faced deficits due'to the declining economy. It appears the worst-Zof the recession is behind us, and the local economy is slowly moving toward recovery. `However; with that in mind, there is still work ahead of us as we deal with long-term financial challenges, such as ongoing infrastructure needs, employee costs and uncertainty of revenues. OVERVIEW The financial impacts of the recent recession, the longest and deepest in over 65 years, have been staggering. Morro Bay experienced the effects of this recession experiencing significant drops in sales tax, building fees for plan check and inspections, Transient Occupancy Tax and loss of natural gas franchise revenues from the power plant. The manifestation of these losses was evidenced by curtailed budgets, employee lay-offs and service reductions. Improvements were realized in fiscal year 2010/11 with sales tax increasing by 6%, planning and building fees increasing by 39% and Transient Occupancy Tax increasing by 3%. The City's recovery has continued in fiscal year 2011/12 with increases in sales tax of 3.8% and Transient Occupancy Tax of 6.6%. The largest General Fund revenue, property taxes, is projected at a slight decrease over ® fiscal year 2011/12, following many years of strong growth. While it is encouraging to see recovery in the economy, it remains extremely important to continue presenting a single year budget versus a two year budget. With continued stabilization and improvement, reinstatement of the biennial process can be explored. Over the last few years, the City Council and staff have made significant efforts to manage and respond to this economic downturn. The decisions the City Council made on pension reform are likely some of the most important long-term decisions in the history of Morro Bay as a City; helping to ensure continued financial stability for our future. To recap, now in place are: • Second -tier CaIPERS Retirement Benefit formulas for all new employees; • Second -tier retiree final compensation% -calculation from the single highest year to the average of the three. highest years'for all new employees; and • All employees paying 100% of,their PERS contribution. We currently have or will. have in the near -future 18. employees under these new pension reforms, or 18.9% of the.City's workforce:, GENERALFUND The General Fund is the largest operating fund, accounting for most services associated ® with municipal government, including, recreation, parks;: police, fire, city attorney, administration, planning and .building. The,General Fund is primarily funded from general tax revenues, including_ propertyi tax,;-salestax. and transient occupancy tax revenues. .y_ The fiscal ye-ar_2012/13 proposed operating budget is lower than the 2011/12 amended budget:'_. Total`expenditures;and "transfers out'come to $10,463,583; while this is an increase of $124,5441rom ther2,011/12 amended budget; the 2012/13 budget contains $193,800.of increased expenditures. due to a Fire Act Grant that the Fire Department is seeking. This results in a. net decrease in spending of $69,256. This decrease is directly attributable to the E E% employees' agreement to pay 100% of their portion of their PERS contribution, as well as the 15+ employees in the 2"d Tier retirement plans. With the SEIU action that takes effect in 2012/13, all of the City's employees will be paying 100% of the employee -portion of the PERS contribution. GENERAL FUND FACILITY MAINTENANCE FUND In January 2011, the City sold the Brannigan's property located at 781 Market Street. The initial payment, less escrow fees ($155,264), was designated through Resolution No. 10-11 to a newly formed Facility Maintenance Fund. The schedule of facility maintenance for the 2012/13 fiscal year is included in the budget document on page 107. Also attached and indicated above, a list of completed projects has been included ® in order for the City Council and general public to see the progress made with facility maintenance. TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID) While the assessment of 3% on each hotel stay will continue, the management of the funds will be moving from a City Advisory Committee to a newly formed 501(c)6 non- profit organization, which will be called the Morro Bay Tourism Bureau. While the MBTBID Advisory Board will remain in place and oversee the action of the newly formed non-profit organization, the day-to-day operational responsibility for the marketing will be the responsibility of the Tourism Director. ENTERPRISE FUNDS Enterprise funds, or those funds that are designed to. beself-supporting, include Water, Wastewater Collection, Transit and Harbor. These activities are primarily funded from fees and other user charges. The operating" budgetlyfor all enterprise funds is $8,973,299, representing 32.7% of the citywide total. At .$4.1 million, the Water Revenue Fund is the Enterprise operating,fund;'and the second. largest fund in the City. MEASURE Q FUND This year's proposed Measure Q allocations ($803,000); are initially provided in an "A" and an "A.1" list (as directed bye Resolution No. 25-10). The final expenditure detail schedule is available in the budget:document on pages3100 — 106. The "A" list includes $250,000 to cor tinue' the. Pavement Management Plan funding. Street repairs are also'suggested for funding in t 'e amount' $169,179, to continue to make progress on ouriaging street inventory <' v' The City of Morro Bay had a School Resource'.Officer (SRO) for a number of years, but when the grant funding ended in` 2005,, the: position was eliminated. In fiscal year 201-1/12, after discussions with the San auis Coastal Unified School District, the SRO position was funded from the District at a 75% level on a year-to-year basis: Included in the Measure Q budget this year"is, partial funding for a SRO. The San Luis Coastal Unified School District.funded:75%' f'the position costs in 2011/12 fiscal year with the City funding th6rremaining 25%. At'this time, the City is waiting on confirmation of funding from the school district1for the 2012/13 fiscal year. GENERAL FUND ✓EMERGENCY RESERVE FUND and RISK MANAGEMENT INSURANCE RESERVE FUND Throughout the economic downturn, the' City of Morro Bay has been one of the very few cities to not use any reserve funds for operating expenditures. The City Council, through Resolution No 13-10 pertaining to the Risk Management Insurance Reserve, and Resolution No. 42-11 pertaining to -the General. Fund Emergency Reserve, has set strict usage parameters for use of these funds. `J iv ® The General Fund Emergency Reserve Fund has an estimated $466,000• of excess funds, over and above the mandated 27.5% of the established reserve of General Fund operating budget ($2,877,485), that is available for budgetary purposes. BUDGETFUTURE While there is a faint rainbow on the horizon in terms of economic recovery, we caution the City _Council to continue to be prudent with spending. The City has successfully "weaned" $300,000 of the $500,000 from the General Fund operating budget with this budget ($100,000 in FY 2010/11, $200,000 in FY 2011/12 and $300,000 in FY 2012/13). This still leaves a total of $200,000 to be removed from the 2013/14 and 2014/15 General Fund operating budgets. This money: comes from the agreement with Dynegy, and has allowed the City to complete one -time -projects. One of the other known impacts, projected tostart in 2014';. (elates to a decision made by CalPERS Pension Board to lower the.assumed rate of return for its investments. Since 2004, CalPERS has used an assumed rate of return - of-. 7.75% (return on investment) when calculating its member agency (City of Morro Bay). contribution rates. In early 2012, the CalPERS Pension Board decided to lower the assumed rate to 7.5%. The change is likely to result in increased contribution rates to member agencies in FY 2013/14 and 2014/15 of 1-3%. If s-too, early to determine what the exact impact will be to the General Fund at this time:".However, ^in October, 2012, when the contribution ® rates are released for 2013/14, we will have 1a better picture. The good news is that with the changes the City: _of Morro = Bay hasp _made._ to'the pension formulas and employees paying their share of pension costs ;.the increase will be much less significant than had the City not`made such dramatic'pension reforms. Another unknown financial"impact`is funding infrastructure capital, which includes all city structures and buildings: .The City:of Morro Bay owns and maintains over $142 million 'in' these assets.: Of these assets,• $22 million are included in the Enterprise operations such as the` Wastewater Treatment Plant, Desalinization Plant and lift stations. The City has discussed, `and: it is likely that an increase in both water and sewer rates will occur in the'hear future to be able to continue with adequate operation, maintenance and repair. Also helpful is the voter -approved tax measure (Measure Q 1/2 cent sales tax) that provides funds that are' not restricted in their use, but to date have been used predominantly for infrastructure and public safety. In addition, the City also applies for and receives funding from both State and Federal grants, which is helpful for infrastructure needs. However, there are a significant number of assets that do not have a dedicated revenue stream for the City to keep up with their required maintenance. These assets include most parks, sidewalks, buildings, playgrounds, parking lots and other infrastructure. u CONCLUSION The proposed budget for FY 2012/13 is a balanced approach to working with the financial challenges facing the City of Morro Bay. The City of Morro Bay is in a much stronger financial position than many other local government entities in California due to the important, and often times difficult, steps taken in the past two years to work with employees by: 1) reducing wage and benefit costs; 2) paying attention to expense control; and 3) reducing the size of the City organization. As the economy continues to slowly recover, these steps will provide a strong foundation in which to restore services as well as prepare for the future. As City Manager, I am very proud of -the collaborative`efforts the Department Head Team, Management Employee Team, Confidential Employee Team, Fire Department Team, Police Department Team and Service Employees:International Unit Team have made to continue to streamline processes and procedures,`minimize service reductions and continue to provide efficient, quality'and` friendly serviceto the community and visitors. The preparation of any budget is a team effort and involves the employees, department heads and our Administrative-Seivices DeparEment:'staff. Thank you to all, and especially Susan Slayton, Administratiye__Services Director, for countless hours of study,. analyses, and preparation of this document Respectfully submitted, r ndrea K yLueker City Manager vi CITY OF MORRO BAY ® CITY OFFICIALS, COMMISSIONS, BOARDS, AND COMMITTEES is Elected Officials William Yates Nancy Johnson Carla Borchard Noah Smukler George Leage Title Mayor Vice -Mayor Councilmember Councilmember Councilmember Term Expires November 2012 November 2014 November 2012 November 2012 November 2014 Appointed Officials Position Andrea Lueker City Manager Robert Schultz, Esq. City Attorney Jamie Boucher City Clerk Eric Endersby Harbor Director Robert Livick Public Services Director Mike Lewis Interim Police Chief Mike Pond Fire.Chief Susan Slayton Administrative Services Director Joseph Woods Recreation and Parks Director Planning Commission Public Works Advisory Board Rick Grantham Chair Matt Makowetski Chair John Solu Vice -Chair Ron Burkhart Vice -Chair John Fennacy Commissioner Richard Rutherford Commissioner Jessica Napier Commissioner Bill Olson Commissioner Paul Nagy Commissioner Stephen Shively Commissioner Morro Bay Tourism Business Improvement District Harbor Advisory Board Joan Solu Chair Jim Phillips Chair Michele Jacquez Vice -Chair Jeff Eckles Vice -Chair Jayne Behman Member Brett Cunningham Member Karen Biaggini Member Gene Doughty Member Nick Mendoza Member William Luffee Member John Meyers Member _ Lynn Meissen Member Alex Amini Member Vacant Member Recreation and Parks Commission Karen Croley Chair John Bates Vice -Chair Brian Dorfman Commissioner Johnny Munoz Commissioner Al Romero Commissioner Drew Sidaris Commissioner Anita Ayoob Commissioner Citizens Oversight Committee Homer Alexander Chair Michael Durick Member Elaine Giannini Member Dan Glesmann Member Barbara Spagnola Member vii 2 e din 8`^.a� > lip s�Na `Nt 0 so o s o 0` o eo� o q a &uzog o` U �Wc ci' V�'n Q Y [0 Z os a a m V u Oa 7 O Z L n O u °W ~ E -E r, IL V �iwliw E" a6Np2P�`'-3'i`g'y`SYt b$orcvEiE N �^ oN Q cua 3 o ZQ d Z W Q d gg Ns y M Q y a C 3 SY YOY' cN� n g' s m t V V♦ a � c z 9 m QQ 55$yy� c� N 3 m _ � a viii Z S N ® 2 V W' W O N Z Z W r w N O O Z � W 7 m LL >. 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N W0 30 f S VfGw�o�I =W y =N Wio Qofuuu3NWceW= Go 1 N W v1 N O N O O 01 O _ rl M M O O W (D M O OL O Vl m O P O P O O h O W W O l/1 N W O W O N kR .y V y cD 0 01 9 m O V v v v v v v v ry W W N O O 01 O h W h W T O ll1 W rl Oi �r 16 eN m CIL a u M H O M O tND O lh o o o Q G O P U O M .Ni N P P ll1 O� O ti s � M O W Oi W O U pWj m O 4W11 O n P N O W rl P N m H N M � lOO N t^D n W n p ti ti � M tt00 v O � a K Q W W lA W Q og V o zg 0 f m a W Z a O C N W tw/1 W ce W~Z wzW U JWf d Z>z�55U� O '� LWU W W u� NZ L n F=Wi mw7r�0: Q U ZE kg � z OxW WJga zQr Q w W '0 yJ`> r}W 7J ZZWww ZZ Z O y Wcy C,d W OQ�K aWW W aO/lQOWU' �iWp JF IWL a¢ wJ w d7W i W W Z CZ ce Z W a a J a Z oggwwom WLL<jsnaaO�a Nz�.scO U mWWWWWmEWw0YZwwmYuUw -VWW, Q Q Ed w w a ¢ ma w gO (D0 E u uu UH 7v =Q v2:u a2Dv N = F- H m C u CITY OF MORRO BAY STAFFING LEVELS- HISTORICAL, CURRENT AND PROJECTED 1999/60 2000/01 2001/02 2002/03 2003/04 2004/05 2005/06 GENERAL FUND: ® City Council 5.00 5.00 5.00 5.00 5.00 5.00 5.00 City Manager 3.00 3.00 3.00 5.00 5.00 5.00 4.00 Personnel 1.50 2.00 2.00 - 0.00 - 1.75 City Attomey - - - 1.00 1.75 1.75 5.00 Finance Department 6.00 6.00 6.00 6.00 6.00 6.00 - Information Services 1.00 1.00 �1.00 1.00 1.00 1.00 1.00 Police Department 25.50 26.50 26.50 26.50 26.50 26.50 24.50 Fire Department 11.00 11.00 11.00 11.00 11.00 11.00 - Public Services Administration 13.00 14.00 14.00 14.00 14.00 14.00 11.00 Vehicle Maintenance 1.50 2.00 2.00 2.00 2.00 2.00 11.00 Street Maintenance 3.00 - 3.00 3.00 3.00 3.00 3.00 2.00 Recreation and Pants Administration 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Recreation Programs 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Recreation and Parks Facilities 5.00 5.00 5.00 5.00 5.00 5.00 2.00 Parks Maintenance - 5.50 6.00 6.00 6.00 6.00 6.00 4.00 Cloisters Assessment District - - - - 0.00 4.00 Grant -funded temporary positions - PD - 1.00 1.00 2.00 2.00 1.00 1.50 Measure Q-funded firefighter - - - - 0.00 - - ENTERPRISE FUNDS: Water Revenue Find 5.00 5.00 5.00 5.00 5.00 5.00 8.00 Sewer Revenue Fund 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Harbor Fund 6.50 6.50 7.50 7.50 7.50 7.50 7.50 MB/CSD Wastewater Treatment Plant 7.00 7.00 7.00 8.00 8.00 8.00 8.00 TOTAL STAFF MEMBERS 106.50 111.00 112.00 115.00 115.75 114.75 107.25 . 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 GENERAL FUND: City Council 5.00 5.00 5.00 5.00 5.00 5.00 5.00 ® Gty Manager 5.00 5.00 3.00 2.00 2.00 2.00 2.00 City Attorney 1.75 1.75 1.75 1.75 1.75 1.75 s 2.00 Finance 5.00 5.00 4.00 1 4.00 3.00 3.00 s 3.00 Human Resources - - 1.00 1.00 1.00 1.00 1.00 Information Services 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Police - 23.50 23.50 18.50 18.50 2 18.00 18.00 18.00 City-wide Communications - - 5.00 5.00 5.00 5.00 5.00 Fire Department 11.00 11.00 11.00 11.00 2 10.50 10.50 10.50 Public Services Administration 10.00 9.00 9.00 11.00 3 9.75 9.75 9.75 Vehicle Maintenance 2.00 2.00 1.00 1.00 1.00 a. . Street Maintenance 2.00 2.00 2.00 2.00 2.00 ' Recreation and Parks Administration 1.00 1.00 3.00 3.00 2 2.00 2.00 2.00 Recreation Programs 2.00 2.00 2.00 2.00 2.00 2.00 .2.00 Facilities 4.00 4.00 3.00 3.00 3.00 3 Parks Maintenance 4.00 4.00 3.50 3.50 3.50 a Consolidated Maintenance Division - - - - - 3 9.50 1 10.00 Cloisters Assessment District 1.50 1.50 1.50 1.50 150 1.50 1 - Measure Q-funded SRO - - - - - ° 0.25 0.25 Measure Q-funded firefighter - - - 1.00 1.00 1.00 1.00 ENTERPRISE FUNDS: Water Revenue Fund 8.00 9.00 8.50 7.50 7.50 7.50 1 7.38 Sewer Revenue Fund 4.00 4.00 4.50 4.50 4.50 5.50 5 5.37 Harbor Fund 8.00 6.00 8.00 8.00 8.00 7.75 7.75 MB/CSD Wastewater Treatment Plant 8.00 8.00 8.00 8.00 8.00 8.00 8.00 TOTAL STAFF MEMBERS 106.75 106.75 104.25 105.25 101.00 102.00 101.00 ' Finance Account Clerk III paid for by Water and Sewer (50-50 split) 2 Layoffs 2010/11 ® 3 Consolidated Maintenance Division formed during FY 2010/11 - Streets, Parks, Facilities, Vehicle Maintenance School Resource Officer funded 25% by the City, 75% by. the San Luis Coastal Unified School District 5 3/4 time OA IV in City Attorneys division promoted to full-time Legal Assistant; Account Clerk I Utility Billing derk hired 3/4 time and paid by Water and Sewer (50-50 split) 6 Maintenance position vacated due to retirement, and not refilled; 50% allocation moved to Consolidated Maintenance Div, Parks 3 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 GENERALFUND The General Fund was established on July 17, 1964, by the incorporation of the City. Activities financed from this fund include legislative, administrative, legal and fiscal functions; police and fire protection services; engineering, planning, inspection, and zoning regulation services; street maintenance; and parks and recreation. The primary sources of revenue for this fund include property tax, transient occupancy tax, and sales tax. E n 4 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET Ul GENERAL FUND SUMMARY 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Beginning cash balance $ 1,420,266 $ (1,644,796) $ (875,908) $ (960,704) $ (977,371) Total revenues and transfers in 11,096,067 11,345,658 11,547,740 10,322,372 10,438,583 Total expenditures and transfers out (14,163,641) (10,839,317) (11,145,132) (10,339,039) (10,438,583) Ending cash balance $ (1,647,308) $ (1,138,455) $ (473,300) $ (977,371) $ (977,371) NOTES: Beginning cash balances change due to cash usages that do not flow through expenditures and revenues. An example of this would be year end journal entries that only affect the balance sheet accounts, such as an increase to cash and an increase to a liability account (e.g., due to other funds). These types of entries are reversed in the subsequent fiscal year. r 5 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET GENERAL FUND REVENUES BY SOURCE 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Property taxes Current secured net of admin fee $ 2,529,811 $ 2,459,870 $ 2,435,991 $ 2,395,898 2,374,203 Property tax in-Ileu- VLF 826,572 834,143 831,138 831,138 814,293 Property tax In -lieu - Sales tax 403,724 272,172 352,944 352,944 355,652 Homeowners subven0on -19,775 19,759 19,776 19,776 19,378 Subtotal 3,779,882 3,585,944 3,639,849 3,599,756 3,563,526 Other taxes Sales and use tax 1,027,309 977,685 1,035,954 1,180,000 1,180,000 Sales tax Prop 172 Public Safety 113,901 103,224 108,595 110,000 110,000 Property transfer tax 41,466 51,366 52,606 45,000 52,000 Transient occupancy tax 11865,027 1,831,147 1,888,335 1,850,000 1,905,000 Franchises 602,649 495,713 543,314 495,000 492,000 Subtotal 3,650,352 3,459,135 3,628,814 3,680,000 3,739,000 Licenses and permits Business/transient vendor license 155,761 292,115 240,344 271,000 284,255 Building permits 11,480 7,982 3,543 8,405 8,405 Coastal permits 16,355 10,938 12,783 21,006 21,000 Conditional use permits 37,381 - 29,540 20,314 30,000 30,000 Other licenses and permits 360 180 240 3,750 3,750 Subtotal 221,337 340,755 277,224 334,155 347,410 Intergovernmental Motor vehicle tax 35,849 30,997 48,45E 30,000 - State & Federal grants 17,979 28,707 89,738 84,563 ' 206,800 State Reimbursements 16,894 13,154 14,394 131000 14,000 Subtotal - 70,722 72,858 152,590 127,563 220,800 Use of money and property . Investment Income/rents 268,031 254,944 256,513 200,000 228,000 Subtotal 268,031 254,944 256,513 200,000 228,000 Fines & forfeitures Parking fines 14,839 14,167 15,054 13,500 13,500 Vehicle code fines - 10,545 14,475 14,940 13,000 12,000 Other fines 22,000 9,894 6,981 4,000 4,000 Subtotal 47,384 38,536 36,975 30,500 29,500 Charges for services Planning and zoning 117,844 82,636 126,643 113,833 116,015 Engineering and Inspection fees 77,729 66,164 73,905 75,000 75,000 Police services 34,507 14,463 23,440 26,200 ' 105,240 Fire services 268,668 149,923 125,431 132,522 116,479 Recreation program revenues 394,143 455,012 493,852 431,600 451,400 Other service charges 21,817 55,503 39,655 23,400 40,817 Subtotal 914,708 923,701 882,926 802,555 904,951 Other revenues 603,308 35,262 24,880 17,765 23,700 Subtotal general fund revenues - 9,555,724 8,611,135 8,899,771 8,792,294 9,056,887 Transfers In 1,540,343 2,734,523 2,647,969 1,530,078 1,381,696 TOTAL GENERAL FUND REVENUES AND TRANSFERS IN $ 11,096,067 $ 11,345,658 $ 11,547,740 $ 10,322,372 10,438,583 NOTES: In 2011/12, the General Fund Vehicle License Fees were taken from cides and redirected to fund the COPS Gents. The 2012/13 budgetmntalns revenue from State for the Assistance to Firefighters gmnt($193,800) The 2012/13 budget contains revenue from the San Luis Coastal Unified School District for 75%funding of the SRO ($78,440) 11 11) Ll CITY OF MORRO BAY , 2012/13 PROPOSED ANNUAL BUDGET GENERAL FUND EXPENDITURES BY DEPARTMENT ® 2011/12 2012/13 2008/09 2009/10 201D/11 Amended Proposed Actual Actual Ac4ral Budget Budget LEGISLATIVE city Cound f (93,997) f (88,661) (84,732) (81,931) f (61,931) Contirger y (5,000) Subtotal (98,997) (88,661) (84,732) (81,931) (81,931) ADMINISTRATION City Manager (496,6B6) (444,762) (407,384) (445,341) (438,801) ' (prltr'at1 ser inas (99,425) (82,815) (49,591) (53,000) (54,005) Eecdats (7,030) (572) (19,559) (10,500) (20,000) Community promotion mmmfttee (131,701) (131,549) (123,723) (116,850) (116,85D) Visitors Center (160,946) (160,515) (102,168) (152,490) (152,490) Equ',nment replacement - - Subtotal - (895.788) (820,213) (702,425) (778,181) (782,146) CITY ATTORNEY ' Operations (322,059) (126,240) (125,202) (125,684) (130,935) - Equipment replacement Subtotal (322,059) (126,240) ('125,202) (125,6B4) '(130,935) ADMItir.SiRAT[VE SERVICES Au ttrg and treasury (588,911) (613,723) (459,558) (495,445) (SD2,475) Human Resaaces (127,644) (138,139) (124,92D) (118,337) (121,400) In;o•-nation SesvKec (142,421) (154,253) (136,219) (142,643) (146,475) Equiprtrent replacxtrnmt Subtotal (858,576) (906,115) (730,697) (756A25) (770,350) POLICE DEPARTMENT Operatioms (4752,777) (2,635,835) (2,627,276) (2,817,537) (2,884,221) Gry-wide ronununiadons (462,890) (475,442) (455,535) (457,369) (469,038) Equipment replacement Subtotal - (3,215,667) (3,111,277) (3,082,811) (3,274,906) (3,353,259) FIRE DEPARTMENT Operations (1,912,017) _(1,916,748) (1,963,556) (1,984,211) (2,OD1,942) ® Ear gerry OPeraWm Center (EOC) (5,7S5) (2,531) (3,290) (21899) (2r899) Equ ipawnt repla<zmert - - Stbtoat (1,917,802) (1,919,279) (1,966,846) (1,987,110) (7,OD4,841) PUBLIC SERVICES Admmatratbn (1,010,822) (1,058,638) (82-5,119) (834,790) (825,027) Street Oghdn9 (91,121) (93,288) (96,087) (110,OD0) (105,000) Curls mcydug (20,000) (20,000) (20,000) (20,ODD) (21,D00) Equipmett replacement - - - - Subtotal (1,121,943) (1.171,926) (941,206) (964.790) (951,027) R_rGREATTON 8 PARKS Administration (193,451) (334,415) (315,009) (284,364) (315,315) Spats (262,291) (285,502) (299,605) (249,445) (240,829) Youth and teen programs (410,910) (384,970) (362,123) (342,319) (331,888) Miso=_Oam=s recreation prograrn5 (25,730) (11,676) (10,551) (12,000) (91600) Property management (7,083) (8,478) (1,901) (3,465) (2,500) Spenal events dgmge (2,313) (21129) (1,000) (2,703) (4703) Comolidated mainteriartre: Parka and Streets (1,OS3,231) (912,009) (950,442) (992,320) ' (992,061) FauYides (493,228) (359,808) (373,617) (359,235) (350,809) Vehzles (150,939) (104747) (116,503) (124,161) (118,389) Equipment replmxment Subtotal (2,599,176) (2,401,734) (1430,751) (2,37D.012) (2,364.D94) SU3TOTAL GENERAL FUND ESTIMATES (11,030,408) (10,545,445) (10,064,670) (10,339,039) (10,438,583) TanCers out (3,133,233) (293,672) (1,080,462) - TOTAL GENERAL FUND ESTIMATES AND TRANSFERS OUT f (14,163,641) f (10,839,317) f (11,145,132) f (30,339,039) f 104385E3 NOTES: - ' T)e Zet7JL1 dtl93 mnm4¢ ogctdyRs fa tti AiYffin¢ G t-vCgtrtus grarK (f t93,eW7 ' ' TR'rLtvm![= MalnRnart bA7C p39'3 iR Orrsm:m soxra:CY to nfote r>amy. 7 I� O h N M C pl N l O W W M a M O O O V1 Ol M 0 w 0 0 f+l W p) cO Ill h N m O W M Vl ON v v 06 N G a m M VPl .�i M O N P W b O N O .�-I V M P [m+1 P P 0 v v v v v v v v .M, v v O v N v O N G v L W ' N C N r i r i i i i i i r r r LNi ti v .N-� Ni P y� r tl1 W... F r r O^ r r r r r r r r o 0 C o U c = N U O W Z OZ Z m O vl W O T r-1 O O �O P O O fl P V ti O Ill. O 1p M rl P h N lr Ul Q r J Y ti Ol O ✓1 m0 w m b N pl D; O tD M O tO yy T T N N h .- P OJ Q a ; m d .y Ol P T l0 tp P Vl O I�Mi n N N V1 v � v.y ti rl ti v�� � ••.�_.O � R .. �. .. .. o v.N.. pl -I Z O a m O C (n O O -'- P tit 0 0 0 0 0 u O - 0 0 .-� - - - M O- p O N W W N d O N O O N N O O In O Ol n O U'1 O IA M h v r N N .i Cl N O vl O �D T m P O V) N to m Ol LL C w a �v �C? oo �6 O a F C Q M � a Z v M W I Ei-o iv — o m m rn-m a rl o r o In c N W ~ n M n O NNi T tOD M v .�i OOi ,.y Z m N U 0.U. .. W Z W U' m E v N d d O L mu Z In'� u Od d Y > rn w Z WO E d C V1 = d a u a :L d c Cp V a n o " c a j c c a rn !^ Q VI > d C C 4 4 o f 12 JQ �2 G v m12 y E E E$ Z Z' w¢ S a a a an E v_ o o x v E v n In pl a a v a o, E c o o f U> U W T+ L' C d N O a Utf L C' C C C C OI ad+ C vl �l O F LL LL y� C 0 o 0 0 N 'r L N YJ C N 0 a d VI J IO Ip y y p 9 yl E❑ N a V E E¢ c 'Pi E E.m 2'DpvppZ'c c�oE-c c�v.vv no O m d d u G V w U V iL x a V IL w a in U C �' �' �' C h U U C7 (7 VI ©' CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET Personnel services Supplies Services Contingency Capital outlay Other Equipment replacement Total expenditures Total revenues Revenues over(under) expenditures 11 CITY COUNCIL 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ (85,810) $ (72,993) $ (70,911) $ (70,433) $ (70,433) (526) (189) (411) (300) (300) (7,661) (15,479) (13,410) (11,198) (11,198) (5,000) (98,997) (88,661) (84,732) (81,931) (81,931) $ (98,997) $ (88,661) $ (84,732) $ 81,931) $ (81,931 i CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET CITY MANAGER/CITY CLERK 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ (352,016) $ (295,470) $ (294,676) $ (321,296) $ (321,520) Supplies (9,311) (7,937) (6,337) (4,720) (4,720) Services (121,276) (127,863) (92,621) (106,664) (99,900) Capital outlay Other (14,083) (13,492) (13,750) (12,661) (12,661) Equipment replacement Interfund transfers out Total expenditures (496,686) (444,762) (407,384) (445,341) (438,801) Total revenues 520 1,527 19,000 19,000 Revenues over(under) expenditures $ (496,166 $ (444,762) $ (405,857) $ 426,341) $ 419,801 NOTES: In 2009/10, costs for Human Resources activity moved to a separate budget. 1 1-1 10 CITY OF MORRO BAY r] 2012/13 PROPOSED ANNUAL BUDGET CONTRACT SERVICES 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Services: Animal services $ (61,643) $ (67,360) $ (44,219) $ (45,000) $ (46,005) PARS administration (5,310) (5,455) (5,372) (8,000) (8,000) Visitors and Conference Bureau (32,472) (10,000) Total expenditures (99,425) (82,815) (49,591) (53,000) (54,005) Total revenues Revenues over(under) expenditures $ 99,425 $ (82,815) $ 49,591 $ (53,000 $ (54,005) lu CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET ELECTIONS 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ - $ - $ - $ - $ Supplies (511) (572) (457) (500) (500) Services (6,519) - (19,102) (10,000). (19,500) Capital outlay Other Equipment replacement Interfund transfers out Total expenditures (7,030) (572) (19,559) . (10,500) (20,000) Total revenues Revenues over(under) expenditures $ (7,030) $ 572 $ (19,559) $ 10,500 $ (20,000) El 11 12 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET COMMUNITY PROMOTIONS COMMITTEE - PLACEHOLDER Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures U 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget (131,701) (20) (131,529) (131,549) (123,723) (123,723) (116,850) (116,850) (116,850) (116,850) $ (131,701 $ (131,549) $ (123,723) $ 116,850) $ 116,850) NOTES: In 2010/11, funding was cut 5%, and $9,025 was moved here from the Website Development and Maintenance account, which is now closed. This division is currently under review, as the Community Promotions Committee was dissolved in March 2012; this page serves as a "placeholder" for the funding, and a description will be added or the, page deleted aftr the City Council makes an allocation decision. 0 U 13 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET VISITOR CENTER - PLACEHOLDER 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ $ $ $ $. Supplies (4,414) (5,700) (5,700) Services (156,532) (160,515) (102,168) (131,090) (131,090) Capital outlay Other (15,700) (15,700) Equipment replacement Interfund transfers out Total expenditures (160,946) (166,515) (102,168) (152,490) (152,490) Total revenues Revenues over(under) expenditures $ .(160,946 $ (160,515) $ (102,168) $ 152,490 $ (152,490 NOTES: In 2010/11, funding was cut 5%. In 2011/12, the Morro Bay Tourism Business Improvement District (TBID) paid $33,000 in support of the Visitors Center. In 2012/13, the TBID will pay $25,000 in support of the Visitors Center. On February 28, 2012, the City Council took action to provide funding for the operation of the Visitors Center until December 31, 2012, at which time it will be operated by the newly -formed 501(c)6 Morro Bay Tourism Bureau; hence, the "placeholder" designation. a 14 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET CITY ATTORNEY 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ (253,179) $ (100,869) $ (104,055) $ (108,201) $ (112,454) Supplies (5,949) (6,081) (3,705) (1,624) (1,624) Services (62,931). (19,290) (17,442) (15,859) (16,857) Capital outlay Other Equipment replacement Interfund transfers out Total e xpenditures (322,059) (126,240) (125,202) (125,684) (130,935) Total revenues 500,376 373 1,478 Revenues over(under) expenditures $ 178,317 $ (125,867) $ (123,724) $ (125,684 $ (130,935) NOTES: In 2009/10, the $500,000 from the Dynegy agreement, previously recorded in the City Attorney division, is now recorded in the General Fund Emergency Reserve Fund. Also, with the mid -year budget, this division began charging 60% of its personnel services to the Water, Sewer, and Harbor enterprise funds. 1 15 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures NOTES: FINANCE 2008/09 2009/10 2010/11 Actual Actual Actual $ (458,498) $ (434,395) $ (339,143) $ (21,300) (14,560) (6,754) (109,095) (142,507) (123,661) (18) (22,261) 2011/12 2012/13 Amended Proposed Budget Budget (345,290) $ (342,344) (8,500) (5,525) (131,655) (134,606) (10,000) (20,000) (588,911) (613,723) (469,558) (495,445) (502,475) 7,862,100 7,438,535 7,591,623 7,507,521 7,550,343 $ 7,273,189 $ 6,824,812 $ 7,122,065 $ 7,012,076 $ 7,047,868 In 2009/10, Business and Transient Vendor License revenues have been relocated to Public Services Administration; an Account Clerk I position is vacant, and not expected to refill. In 2010/11, the Accountant position laid off; the Account Clerk I position remains unfilled. In 2011/12, the capital outlay is for the New World Systems mandatory software upgrade; the budgeted amount covers the trainer's travel expenses and training hours. In 2012/13, the capital outlay is for remainder of the New World Systems mandatory software upgrade; the budgeted amount covers software plus training. u 16 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures 0 11 HUMAN RESOURCES 2008/09 Actual $ (79,499) $ (2,548) (45,597) (127,644) 2009/10 2010/11 Actual Actual (89,439) $ (71,489) $ (3,131) (2,936) (45,569) (50,495) (138,139) (124,920) 258 2011/12 2012/13 Amended Proposed Budget Budget (75,092) $ (73,240) (1,760) (2,200) (41,485) (45,960) (118,337) (121,400) $ 127,644 $ _(IL8,1391 $ (124,662) $ 118,337) $ (121,400 17. CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET INFORMATION SERVICES 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ (118,640) $ (113,215) $ (119,355) $ (118,757) $ (121,436) Supplies (3,970) (21,491) (2,660) (5,855) (4,100) Services (19,811) (19,547) (14,204) (18,031) (20,939) Capital outlay Other Equipment replacement - Interfund transfers out Total expenditures (142,421) (154,253) (136,219) (142,643) (146,475) Total revenues - 4,275 Revenues over(under) expenditures $ (142,421) $ (149,978) $ (136,219) $ (142,643) $ 146,475) Ll IF CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET POLICE DEPARTMENT 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ (2,452,092) $ (2,320,159) $ (2,330,325) $ (2,524,988) 5 (2,620,756) Supplies (119,433) (118,170) (114,722) (96,250) (100,950) Services (176,994) (165,256) (177,571) (191,799) (157,915) Capital outlay (5,294) Other (4,258) (26,956) (4,658) (4,500) (4,600) Equipment replacement Interfund transfers out Total expenditures (2,752,777) (2,635,835) (2,627,276) (2,817,537) (2,884,221) Total revenues 97,022 68,547 82,520 75,000 153,1140 Revenuesover(under) expenditures $ (2,655,755) $ (2,567,288) $ (2,544,756) $ (2,742,537) $ (2,730,781) ® NOTES: In 2008/09, expenditures related to city-wide communications were moved to a separate division In 2010/11, the Crime Prevention Coordinator position was laid off. In 2011/12, the City entered into an agreement with the San Luis Coastal Unified School District to employ a School Resources Officer. The SRO is a City employee, and is paid 75% by the School District and 25% by the City with Measure Q funds. This position is funded on a yearly basis. In 2012/13, the departmental budget includes funding of $20,000 for the County Narcotics and Gang Task Force 5 19 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET CITY-WIDE COMMUNICATIONS 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ (421,577) $ (428,486) $ (408,340) $ (425,121) $ (436,790) Supplies (2,697) (7,111) (10,165) (4,200) (4,200) Services (29,168) (28,431) (25,777) (13,048) (13,048) Capital outlay Other (9;448) (11,414) (11,253) (15,000) (15,000) Equipment replacement Interfund transfers out Total expenditures (462,890) (475,442) (455,535) (457,369) (469,038) Total revenues 5,256 Revenues over(under) expenditures $ 462,890) $ (475,442) $ (450,279) $ (457,369) $ (469,038) 20 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET FIRE DEPARTMENT 2011/12 2012/13 2008109 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ (1,756,735) $ (1,762,283) $ (1,721,414) $ (1,738,501) $ (1,642,182) Supplies (76,083) (73,967) (149,539) (146,139) (270,090) Services (77,199) (80,498) (91,603) (97,571) (87,670) Capital outlay Other (2,000) (1,000) (2,000) (2,000) Equipment replacement Interfund transfers out Total expenditures (1,912,017) (1,916,748) (1,963,556) (1,984,211) (2,001,942) Total revenues 286,071 200,543 191,179 216,185 323,279 Revenues over(under) expenditures $ (1,625,946) $ (1,716,205) $ (1,772,377) $ (1,768,026) $ (1,678,663) ®NOTES: In 2010/11, the Administrative Technician position was reduced to one-half time. In 2012/13, both revenues and expenditures reflect the Assistance to Firefighters Grant ($193,800) E 21 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET Personnel services Supplies. Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures EOC DISASTER PREPAREDNESS 2011/12 2012/13 2009/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget (504) (267) (632) (575) (575) (5,281) (2,264) (2,658) (2,324) (2,324) (5,785) (2,531) (3,290) (2,899) (2,899) $ (5,785) $ (2,531) $ (3,290) $ (2,899) $ 2,899 n C 22 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET PUBLIC SERVICES ADMINISTRATION 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ (808,810) $ (884,580) $ (698,973) $ (720,359) $ (711,556) Supplies (29,713) (30,268) (28,278) (21,000) (21,000) Services (172,299) (143,789) (97,868) (93,431) (92,471) Capital outlay Other Equipment replacement Interfund transfers out Total expenditures (1,010,822) (1,058,637) (825,119) (834,790) (825,027) Total revenues 284,479 399,069 477,883 522,988 538,425 Revenues over(under)expenditures $ (726,343) $ (659,568) $ (347,236) $ (311,802) 5 (286,602) NOTES: In 2010/11, the Building Official position was laid off, the Housing Programs Coordinator position was laid off, the Administrative Technician position was created, and the Permit Technician position was reduced to 3/4 time. At the June 14, 2010 City Council meeting, $2,000 was added to "Services" for SLO Green Build ($1,000) and SLO Housing Trust ($1,000). The funding source is the General Fund Emergency Reserve. 23 . CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures STREET LIGHTING 2008/09 2009/10 Actual Actual (91,121) (93,288) (91,121) (93,288) 2011/12 2012/13 I30/11 Amended Proposed Lctual Budget Budget (96,087) (110,000) (105,000) (96,087) (110,000) (105,000) $ (91,121 $ (93,288) $ (96,087) $ 110,000) $(105,000) 11) 24 CITY OF MORRO BAY U Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues 2012/13 PROPOSED ANNUAL BUDGET Revenues over(under) expenditures U r] CURBSIDE RECYCLING 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ - $ $ $ (21,000) (20,000) (20,000) (20,000) (20,000) (21,000) (20,000) (20,000) (20,000) (20,000) 21,817 18,333 20,672 20,000 21,000 $ 1,817 5 (1,667) $ 672 $ - $ - 25 CITY OF MORRO BAY. Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues 2012/13 PROPOSED ANNUAL BUDGET RECREATION AND PARKS ADMINISTRATION 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ (131,904) $ (287,299) $ (6,197) (5,941) (55,350) (35,175) (6,000) (193,451) (334,415) . 18,809 44,619 (267,888) $ (238,342) $ (275,095) (4,552) (3,650) (3,650) (36,569) (36,372) (36,570) (6,000) (6,000) (315,009) (284,364) (315,315) 77,408 44,000 54,000 Revenues over(under) expenditures $ 174,642 $ (Z89,796) $ (237,601) $ 240,364 $ 261,315 NOTES: In 2010/11, non -sports program revenue was moved from Recreation and Parks Sports, as the expenses related to those programs have previously been paid, and are currently paid, from the Recreation and Parks Administration division. In 2010/11, the Office Assistant IV position was laid off. In 2011/12, the $10,000 increase in revenues is due to the redirection of revenue from the Youth Services and Teen Programs Division (see page 28). . In 2012/13, the $6,000 reserve for the Community Center maintenance has not been allocated; costs associated with Community Center maintenance will be directed to the Facility Maintenance fund. u 26 CITY OF MORRO BAY rJ 11 2012/13 PROPOSED ANNUAL BUDGET Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures RECREATION AND PARKS SPORTS 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ (177,026) $ (206,611) $ (215,504) $ (177,843) $ (160,783) (52,601) (42,514) (42,053) (35,400) (35,400) (32,664) (36,377) (42,048) (36,202) (44,646) (240,829) (249,445) (299,605) (262,291) (285,502) 171,095 138,161 148,686 132,000 135,000 $ 91,196) $ 147,341 $ (150,919) $ 117,445 $ (105,829) NOTES: In 2010/11, non -sports program revenue moved to Recreation and Parks Administration where the expenses related to those programs have previously been paid, and are currently paid. In 2011/12, the $10,000 increase in revenues is due to the redirection of revenue from the Youth Services and Teen Programs Division. 27 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET RECREATION AND PARKS YOUTH SERVICES AND TEEN PROGRAMS Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total exp enditures Total revenues Revenues over(under) expenditures NOTES: 2008/09 2009/10 2010/11 Actual Actual Actual $ (371,537) $ (344,131) $ (271,797) $ (23,596) (23,204) (40,344) (15,777) (17,635) (61,476) (410,910) 194,580 2011/12 2012/13 Amended Proposed Budget Budget (310,346) $ (298,443) (23,851) (23,851) (8,122) (9,594) (342,319) (331,888) (384,970) (373,617) 179,005 177,367 143,000 163,000 $ (216,330 $ (205,965) $ (196,250) $ (199,319) $ (168,888) In 2011/12, revenues in the amount of $20,000 were redirected, $10,000 to the Recreation and Parks Administration budget and $10,000 to the Sports budget, as those divisions are responsible for the generation of those revenues. Additionally, revenues have been lowered by $20,000 due to the reduced attendance in youth services and teen programs. In 2011/12, the increase in personnel services is partially due to the correction of a 2010/11 miscalculation of part-time employees retirement (PARS) and workers compensation benefits. M CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET MISCELLANEOUS RECREATION PROGRAMS - DANCE 39+ Personnel services Supplies Services Capital outlay Other . Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures 2011/12 2012/13 2008/09 2004/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ (13,175) $ $ $ $ (207) (12,348) (11,676) (10,551) (12,000) (9,600) (9,600) (12,000) (10,551) (11,676) (25,730) 18,001 14,715 15,797 15,000 12,000 $ (7,729) $ 3,039 $ 5,246 $ 3,000 $ 2,400 NOTES: In previous years, this category included Dance 39+, SkatePark, and Gifts/Donations. Beginning with 2009/10 Dance 39+ is the only active program. 1 RE CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures PROPERTY MANAGEMENT 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget (66) (7,083) (8,478) (1,835) (3,465) (2,500) (7,083) (8,478) (1,901) (3,465) (2,500) 27,995 27,205 27,600 27,600 17,400 $ 20,912 $ 18,727 $ 25,699 $ 24,135 $ 14,900 NOTES: This division manages the City -owned rental properties. In April 2012, two of the City's rental properties were demolished, which accounts for the lower revenue stream. 11 30 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET SPECIAL SIGNAGE 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ $ $ $ $ Supplies Services (2,313) (2,129) (1,000) (2,703) (2,703) Capital outlay Other Equipment replacement Interfund transfers out Total expenditures (2,313) (2,129) (1,000) (2,703)_ (2,703) Total revenues Revenues over(under) expenditures $ (2,313) $ (2,129) $ (1,000) $ (2,703) $ (2,703) NOTES: Signage includes park and parking lot signs, special event signs at City entrances, and maintenance of existing signs and panels. 31 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET RECREATION AND PARKS CONSOLIDATED MAINTENANCE PARKS MAINTENANCE DIVISION Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed . Actual Actual Actual Budget Budget $ -(300,100) $ (280,685) $ (326,232) $ (307,786) $ (323,314) (24,433) (29,667) (50,302) (21,650) (21,650) (226,377) (180,941) (147,982) (179,300) (189,861) (7,550) (550,910) (491,293) (532,066) (508,736) (534,825) 1,190 2,257 8,208 $ 549,720 $ (489,036 $ (523,858) $ (508,736) $ 534,825 NOTES: In 2011/12, the increase in personnel services is partially due to the correction of a 2010/11 miscalculation of part-time employees retirement (PARS) and workers compensation benefits. r El 32 CITY OF MORRO BAY 11 2 E 2012/13 PROPOSED ANNUAL BUDGET RECREATION AND PARKS CONSOLIDATED MAINTENANCE STREETS MAINTENANCE DMSION Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ (155,723) $ (158,523) $ (108,684) $ (145,598) $ (142,020) (95,852) (38,603) (39,620) (20,300) (20,300) (136,210) (118,436) (100,440) (62,321) (62,234) (4,698) - (270) (224,554) (228,219) (248,744) (315,832) (392,483) 18,194 3,497 1,891 $(374,289) $ (312,335) $ (246,853) $ (228,219) $ 224,554 NOTES: In 2011/12, the increase in personnel services is due to a change in the employee allocation percentage. 33 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET RECREATION AND PARKS CONSOLIDATED MAINTENANCE STREET TREES MAINTENANCE DIVISION 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ (8,479) $ (13,828) $ (37,780) $ (36,918) $ (65,013) Supplies (1,594) (489) (608) (9,453) (9,453) Services (53,834) (31,535) (27,062) (30,808) (28,368) Capital outlay Other Equipment replacement Interfund transfers out Total expenditures (63,907) (45,852) (65,450) (77,179) (102,834) Total•revenues Revenues over(under) expenditures $ (63,907) $ (45,852) $ (65,450) $ (77,179) $ (102,834) El Ell 34 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET RECREATION AND PARKS CONSOLIDATED MAINTENANCE STORM DRAINS/CREEK CLEARING MAINTENANCE DMSION Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ (28,152) $ (35,133) $ (84,523) $ (131,564) $ (84,742) (619) (5,187) (2,163) (18,840) (18,840) (17,160) (18,712) (17,497) (27,782) (27,266) (45,931) (59,032) (104,183) (178,186) (130,848) 3,750 $ (45,931) $ (59,032) $ (100,433) $ 178,186) $ (130,848) 35 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET RECREATION AND PARKS CONSOLIDATED MAINTENANCE FACILITIES MAINTENANCE DIVISION 2011/12 2012/13 2008109 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Personnel services $ (347,984) $ (239,559) $ (253,571) $ (269,537) $ (262,095) Supplies (37,884) (42,113) (33,500) (36,500) (36,500) Services (107,360) (78,136) (65,831) (53,198) (51,214) Capital outlay Other Equipment replacement Interfund transfers out Total expenditures (493,228) (359,808) (352,902) (359,235) (349,809) Total revenues 52,920 72,001 66,879_ 70,000 70,000 Revenues over(under) expenditures $ (440,308 $ 287,807 $ (286,023) $ (289,235) $ 279,809 NOTES: In 2011/12, the increase in personnel services is partially due to the correctionof a 2010/11 miscalculation of part-time employees retirement (PARS) and workers compensation benefits. M. CITY OF MORRO BAY C C I] 2012/13 PROPOSED ANNUAL BUDGET RECREATION AND PARKS CONSOLIDATED MAINTENANCE VEHICLE MAINTENANCE DMSION Personnel services Supplies Services Capital outlay Other Equipment replacement Interfund transfers out Total expenditures Total revenues Revenues over(under) expenditures 2011/12 2012/13 2008/09. 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ (134,594) $ (86,717) $ (84,719) $ (89,604) $ (90,098) 5,911 1,153 (2,974) (3,679) (3,850) (22,256) (17,183) (28,810) (30,878) (24,441) (118,389) (124,161) (116,503) (102,747) (150,939) 555 $ _Cla,3841 $ (102,747) $ (116,503) $ 124,161) $ (118,389) I 37 CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET TRANSFERS OUT: General - Facility Maintenance Special revenue funds Capital improvement fund Enterprise funds: Transit - Trolley Transit - Dial -A -Ride Internal service fund - OPEB Total transfers out TRANSFERS IN: Emergency reserve fund Special revenues funds: Measure Q - Fire overtime TBID State Gas Tax - streets Traffic Safety - police Parking In -Lieu Park In -Lieu Capital Improvement fund Enterprise fund Cost allocation plan Transit Water Sewer Harbor Other Transit - Bikepaths Water - OPEB Sewer - OPEB Harbor - OPEB/AGP Video Risk management fund Component unit (WWTP) Total transfers in TRANSFERS 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ $ $ (201,812) $ $ (48,576) (3,022,313) (263,429) (876,450) (24,678) (24,874) (37,666) (2,200) (5,569) $ (3,133,233) $ (293,872) $ (1,080,462) $ $ ' 32,000 527,533 409,733 300,000 200,000 - 44,020 44,020 44,020 44,020 - - 6,000 39,333 31,000 340,543 237,380 323,814 292,146 282,097 40,122 29,426 33,490 30,000 30,000 200,000 - - - - - - 35,000 - 1,153,861 954,241 72,743 72,743 108,474 109,775 79,775 424,350 238,123 . 267,975 271,168 271,188 175,110 147,434 159,715 161,630 161,630 242,734 273,704 276,637 276,986 276,986 - 10,299 23,869 4,592 - - 2,123 - - 3,903 5,000 5,000 5,000 2,123 $ 1,540,343 $ 2,734,523 $ 2,647,968 $ 1,530,078 $ 1,381,696 NOTES: Beginning with the 2009/10 fiscal year, the $500,000 received annually from Dynegy Agreement was placed in the General Fund Emergency Reserve Fund. The General Fund began reducing its dependence on that money with its the 2010/11 budget, and will continue to reduce by $100,000 annually, with $0 transfer required by 2014/15. C 4.1 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 This page left intentionally blank E 0 w CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 DISTRICT TRANSACTION TAX FUND With the November 2006 election, the citizens of Morro Bay voted in a 1/2 cent district sales tax, commonly known as "Measure Q." This is a General Fund tax and has no sunset date. The ballot measure stated: "To preserve the safety and character of Morro Bay, with priority on funding essential services such as fire, parameolics, street and pothole repairs, storm drains, police, youth and park programs and other general community 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 taxpayers' advisory committee to review annual expenditures?" The annual revenue estimate is divided between the departments based on the language in the measure and campaign polls. F-1 L u 40 CITY OF MORRO BAY 0 2012/13 PROPOSED ANNUAL BUDGET DISTRICT TRANSACTION TAX FUND (MEASURE Q) Beginning cash balance Revenues from: 1/2 cent sales tax Interest income Other Transfers in Total revenues Expenditures: Fire Fire - Fire Station "53 Fire - firefighter Streets Streets-curb/g utter/potholes/sidewa I ks Storm drains Storm drains - NEP Police Police - SRO @ 25% City communications Public safety Transfer to General Fund Total expenditures Revenues over (under) expenditures Reservations for: Fire Fire reserve for FS €53 Fire - firefighter Streets Storm drain Police Total reservations Ending cash, available for distribution 2008/09 2009/10 Actual Actual 2011/12 2012/13 2010/11 Amended Proposed Actual Budget Budget $ 271,335 $ 695,005 S 923,725 5 259,739 $ 93,287 813,734 711,273 758,825 738,000 803,000 12,859 15,235 91456 3,500 - 115,000 - - - - - 349 183,158 941,593 726,508 768,630 924,658 803,000 (284,583) (10,152) (39,336) - - (336,000) (98,937) (98,937) (105,165) (120,791) (143,864) (147,101) (8,361) (35,517) (53,871) (446,158) (56,649) (44,457) (20,550) (204,000) (104,184) (41,396) (53,550) (19,000) (23,000) (83,300) (64,146) (40,479) (28,831) - (220,622) (59,020) (44,020) (44,020) (517,923) (497,783) (683,118) (1,091,110) (290,058) 423,670 228,720 85,512 (166,452) 512,942 (373,644) (351,157) (24,697) - (749,498) - S 695,005 S 923,725 5 259,739 5 93,287 5 606,229 NOTES: Resolution No. 26-10, adopted on May 24, 2010, established the procedures for requesting Measure Q funding. In 2009/10, the transfer out of $176,602 was for the Roundabout. From 2009/10 through 2012/13, the transfer out of $44,020 is for funding the additional reserve, part-time firefighters to maintain 4-person staffing. C 41 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT On April 27, 2009, Ordinance No. 546 was enacted, establishing Chapter 3.60 of the Morro Bay Municipal Code, which is entitled Tourism Business Improvement District (TBID) Law. Lodging establishments will self -assess an additional transient occupancy tax on rooms rented, which will be paid to the City for the purpose of promoting tourism in Morro Bay. For the first year, the TBID assessment rate is 3%; ensuing years are set at 2%, per the Ordinance. Annually by May 1st, the TBID's annual report and budget must be presented to the City Council, and a public hearing is set to allow affected businesses to protest the TBID assessment. A Resolution is then brought forward to confirm the results of the public hearing. On September 13, 2010, Staff introduced Ordinance No. 562 to increase the TBID assessment rate back to 3%. The Ordinance was passed on September 27"', and became effective October 28, 2010. On May 8, 2012, the City Council affirmed the annual report and budgets of the TBID, and on May 22, 2012, passed Resolution No. 25-12, declaring its intention to renew the Morro Bay Tourism Business Improvement District for the 2012/13 fiscal year, and to levy and collect 3% assessments from hoteliers. MA CITY OF MORRO BAY r] 2012/13 PROPOSED ANNUAL BUDGET MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT Beginning cash balance Revenues from: Assessments Interest Subtotal Expenditures for capital outlay: Tourism promotion Transfers to General Fund Revenues over (under) expenditures Ending cash balance 2011/12 2012/13 2008109 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ - $ 47,260 $ 66,630 (27,373) (27,373) 48,682 380,375 398,696 460,000 571,500 - 1,069 228 500 48,682 381,444 398,924 460,500 571,500 (1,422) (362,074) (486,927) (404,500) (488,127) - (6,000) (39,333) (31,600) 47,260 19;370 (94,003) 16,667 52,373 $ 47,260 $ 66,630 $ (27,373) (10,706) 25,000 NOTES: In 2010/11, funding for the Visitors Center was approved; total transfer for 2012/13 is $6,000 for AGP Video and $50,000 for the Visitors Center. In 2011/12, the 550k funding for the Visitors Center was prorated to begin in November 2011. In 2012/13, the Board approved $25,000 for Visitors Center funding, and $6,000 for AGP Video. El 43 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 GENERAL GOVERNMENT VEHICLE REPLACEMENT This fund was established to accumulate money for the replacement of vehicles that are used by the General Fund's departments. At this time, departments are unable to make contributions to this fund. 11 11, 44 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET GENERAL GOVERNMENT VEHICLE REPLACEMENT FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Beginning cash balance $ 562,410 $ 226,806 $ 161,074 $ 170,981 $ 126,131 Revenues from: Interest income 11,606 3,566 1,407 150 1,000 Sales of assets - - 8,500 - - Transfer 'in - - - - - Total revenues 11,606 3,566 9,907 150 1,000 Expenditures: Administration - - - - - Finance/Information Services - Police Department - (54,757) (45,000) Fire Department ® Public Services Administration (15,087) (14,541) Vehicle Maintenance Street Maintenance (301,089) Recreation and Parks Administration (31,034) Recreation and Parks Facilities Recreation and Parks Parks Maintenance Transfers out Total expenditures (347,210) (69,298) - (45,000) - Revenues over(under)expenditures (335,604) (65,732) 9,907 (44,850) 1,000 Ending cash balance $ 226,806 $ 161,074 $ 170,981 $ 126,131 $ 127,131 NOTES: 2009/10 allocation: Two unmarked cars for Police - 1 detective, 1 pool 2011/12 allocation: Watch Commander vehicle E 45 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 GENERAL FUND EMERGENCY RESERVE FUND In 1993, City Council enacted Resolution No. 55-93, which established the Emergency Reserve Fund in the amount of $800,000. On May 24, 2010, Council adopted Resolution No. 27-10, which established the parameters for its use. On June 28, 2011, the Council amended those constraints by adopting Resolution No. 42-11, which set the parameters to those below: 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 purposes; 3. Amounts greater than the 27.5% target balance, or minimum of $2,750,000 (whichever is greater), will be programmed/designated by Council during the annual budget adoption process, at Council's discretion; 4. Use of reserves must be approved by the City Council; and 5. The General Fund (Accumulation) Reserve will be renamed, and listed in the budget as the General Fund Emergency Reserve. C% 46 CITY OF MORRO BAY El Beginning cash balance Revenues from: Interest income Dynegy agreement Subtotal Transfers in Total revenues 2012/13 PROPOSED ANNUAL BUDGET GENERAL FUND EMERGENCY RESERVE FUND Transfers out: General Fund ® District Transaction Tax (Meas Q) Revenues over(under)expenditures Ending cash balance Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 483,155 $ 462,995 $ 2,867,438 $ 2,987,669 $ 3,029,118 11,840 31,976 29,964 12,000 15,000 - 500,000 500,000 500,000 500,000 11,840 531,976 529,964 512,000 S15,000 - 2,400,000 - - 11,840 2,931,976. 529,964 512,000 515,000 (32,000) (527,533) (409,733) (300,000) (200,000) (170,551) (20,160) 2,404,443 120,231 41,449 315,000 $ 462,995 $ 2,867,438 $ 2,987,669 $ 3,029,118 3,344,118 27.5% reserve requirement 2,843,236 2,870,610 Available for budgetary purposes, per Resolution No. 27-10; Council approval required $ 185,882 $ 473,508 NOTES: Resolution No. 42-11, adopted on June 28, 2011, sets the parameters of this fund. The "Available for budgetary purposes" is a cumulative total, which means that the 2012/13 total includes the 2011/12 total. For the 2011/12 budget, $170,551 was transferred out to the District Transaction Tax (Measure Q) Fund to be used for Streets. El 47 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 GENERAL FUND FACILITY MAINTENANCE FUND On January 20, 2011, escrow closed on the City -owned property at 781 Market Street, commonly referred to as the Brannigan's Restaurant. The proceeds, less the escrow fees, amounted to $154,418, and were placed into this fund, dedicated for maintenance repairs to the City's buildings. Annual payments will be deposited into this fund to ensure that ongoing maintenance efforts continue. A schedule of maintenance is presented in the Schedules sections of this budget. L J �J Q3 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET n LJ GENERAL FUND FACILITY MAINTENANCE FUND Beginning cash balance Revenues from: Interest income Sale of property agreement Subtotal Transfers in Total revenues Audited 2011/12 2012/13 2010/11 Amended Proposed Actual Budget Budget $ - $ 146,478 S - 41,828 852 700 201,812 37,650 50,200 202,664 38,350 50,200 202,664 38,350 50,200 Expenditures (56,186) (143,000) (92,028) Revenues over (under) expenditures 146,478 (104,650) (41,828) Ending cash balance $ 146,478 S 41,828 $ NOTES: See the "Schedule of Facility Maintenance Projects," contained in this report, for a listing of the current fiscal year's projects. CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 WATER.EQUIPMENT REPLACEMENT FUND This fund was established to collect money for the replacement of equipment and vehicles used by the Water enterprise. 11 11 50 CITY OF MORRO BAY K'] Beginning cash balance Revenues from: Interest income Transfers in Total revenues Expenses: Equipment/Vehicles 2012/13 PROPOSED ANNUAL BUDGET WATER EQUIPMENT REPLACEMENT FUND Revenues over (under) expenses ® Ending cash balance El Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 272,929 $ 279,563 $ 252,986 $ 255,434 $ 256,734 6,634 5,050 2,448 1,300' 1,500 6,634 5,050. 2,448 1,300 1,500 - (31,627) 6,634 (26,577) 2,448 1,300 1,500 $ 279,563 $ 252,986 $ 255,434 $ 256,734 $ 258,234 51 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 SEWER EQUIPMENT REPLACEMENT FUND This fund was established to collect money for the replacement of equipment and vehicles used by the Sewer enterprise. El E 52 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET SEWER EQUIPMENT REPLACEMENT FUND Beginning cash balance Revenues from: Interest income Transfer in Total revenues Expenses: Equipment/Vehicles Revenues over (under) expenses ® Ending cash balance Audited 2011/12 2012/13 2008/09 2009110 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 15,693 $ 76,564 $ 77,993 $ 78,712 S 29,312 871 1,429 719 600 - 60,000 - - - 25,000 60,871 1,429 719 600 25,000 (50,000) (50,000) 60,871 1,429 719 (49,400) (25,000) $ 76,564 $ 77,993 $ 78,712 $ 29,312 $ 4,312 NOTES: The 2011/12 Adopted allocation is for standby pumps and power units. The 2012/13 proposed allocation is for a service truck and crane. 53 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 HARBOR EQUIPMENT REPLACEMENT FUND This fund was established to collect money for the replacement of equipment and vehicles used by the Harbor enterprise. u L3 54 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET HARBOR EQUIPMENT REPLACEMENT FUND Beginning cash balance Revenues from: Interest income Transfer in from revenue fund Total revenues Expenses: Equipment/Vehicles Revenues over (under) expenses ® Ending cash balance Ic Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget - $ 59,367 $ 60,793 $ 18,188 $ 18,297 $ 36,297 1,426 664 109 - - - - - 18,000 206,900 1,426 664 109 18,000 206,900 - (43,269) - - (224,400) 1,426 (42,605) 109 18,000 (17,500) $ 60,793 $ 18,188 $ 18,297 $ 36,297 $ 18,797 NOTES: The 2012/13 requested allocation is for: $200,000 Patrol Boat replacement; balance to be funded with grants (total cost between $250 - $300k) $22,000 beach truck replacement $2,400 rescue watercraft sled (2) 55 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 COMMUNITY DEVELOPMENT GRANTS FUND This fund is used to record the transactions related to the Community Development Block Grant and HOME programs. These are competitive grant funds that the City applies for to rehabilitate buildings and qualifying citizens' homes. The City was approached by the County to become part of the Urban County program, and on May 24, 2011, adopted Resolution No. 36-11, affirming that partnership. A C Ll CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET COMMUNITY DEVELOPMENT GRANTS FUND Beginning cash balance Revenues from grants: CDBG HOME CalHOME Federal Emergency Shelter Grant (FESG) Principal repayments Investment income Total revenues Expenditures for: CDBG HOME CalHOME ® Federal Emergency Shelter Grant (FESG) Other Total expenditures Revenues over(under) transfers out Ending cash balance 2011/12 2012/13 2008/09 2009110 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 24,095 $ 42,116 39,389 $ 93,608 $ 93,608 345 39,881 - 57,533 6,469 - - 28,955 20,832 35,389 2,324 12,467 35,769 63,037 47,856 57,533 (5,856) (4,632) - (57,533) (11,874) (61,132) - - - (18) 6,363 (17,748) (65,764) 6,363 (57,533) 18,021 (2,727) 54,219 $ 42,116 $ 39,389 93,608 5 93,608 5 93,608 NOTES: With Resolution No. 36-11, adopted on May 24, 2011, the City of Morro Bay is committed to be part of the Urban County program for the allocation of CDBG monies. The City will receive its 2012/13 CDBG allocation through the County in the amount of $57,533. F71 U 57 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 STATE GAS TAX FUND This fund is required by the State to account for monies received from gasoline taxes. The majority of this money must be expended for constructing, maintaining and/or improving major city streets and storm drains. 111 A 611 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET STATE GAS TAX FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Beginning cash balance Revenues from: State Gas Tax, Section 2105 56,614 57,578 54,423 55,437 51,273 State Gas Tax, Section 2106 48,485 50,115 47,635 38,825 39,094 State Gas Tax, Section 2107 75,351 76,739 72,686 73,775 73,584 State Gas Tax, Section 2107.5 3,000 3,000 3,000 3,000 3,000 State Gas Tax, Section 2103 - - 100,435 121,109 115,146 Other revenues 89,263 95,583 - - - Totalrevenues 272,713 283,015 278,179 292,146 282,097 ® Less transfers to General Fund for: Street Maintenance (269,713) (280,015) (275,179) (289,146) (279,097) Engineering- Sec 2107.5 3,000) (3,000) (3,000) (3,000) (3,000) Total transfers out (272,713) (283,015) (278,179) (292,146) (282,097) Revenues over(under) transfers out Ending cash balance NOTES: "Other revenues" represents Proposition 42 Traffic Congestion Relief money; in 2010/11, the Proposition 42 money was replaced with Gas Tax Section 2103 funds. Budget amounts are provided by Michael Coleman, Fiscal Policy Advisor for CSMFO and the League of CA Cities; for more details, visit his website http://www.californiacityfiinance.com/TRANSPORTATION. n LJ 59 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 LOWER COST VISITOR ACCOMMODATIONS MITIGATION FEE FUND This fund began in 2008 for the purpose of collecting in -lieu mitigation fees for lower cost visitor - serving overnight accommodations, such as hostels and tent campground units, required by California Coastal Commission actions on coastal development permits since 1977. Individual fees range from a low of $27,720, to a high of $6,000,000. The entire fund, and accrued interest, shall.be used for creating accommodations and other potential projects deemed acceptable by the Coastal Commission. Any funds remaining after 10 years from their deposit date shall be donated to an acceptable agency or organization to provide lower -cost public access and recreation improvements to and along the shoreline, including improvements to the California Coastal Trail. C CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET LOWER COST VISITOR ACCOMMODATIONS MITIGATION FEES FUND Audited 2011/12 2012/13 2008/09 - 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Beginning cash balance $ 2,798 $ 8,472 14,349 $ 28,865 28,865 Revenues from: Mitigation fees 4,488 4,726 11,985 - - Interest 1,187 1,151 2,531 500 Total revenues 5,674 5,877 14,516 500 Expenditures for capital outlay: Lower cost visitor accommodations - - - - Revenues over (under) expenditures 5,674 5,877 14,516 - 500 Ending cash balance $ 8,472 $ 14,349 28,865 $ 28,865 29,365 61 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 TRAFFIC SAFETY FUND This fund was established based on Section 1463 of the Penal Code, which states that all fines and forfeitures collected from any person charged with a misdemeanor under this code shall be deposited into a special fund known as the "Traffic Safety Fund." These funds are to be used exclusively for official traffic control devices and the maintenance thereof, equipment and supplies for traffic law enforcement and traffic accident prevention, and for the maintenance, improvement, or construction of public streets, bridges, and culverts within the city, but not for the compensation of traffic or other police officers. Prior to 1999, this revenue was recorded in the General Fund. 11 62 n U r� CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET Beginning cash balance Revenues from: Vehicle Code Fines Less transfers to General Fund Revenues over(under) transfers out Edning cash balance TRAFFIC SAFETY FUND 2008/09 2009/10 Actual Actual $ 5 Audited 2011/12 2012/13 2010/11 Amended Proposed Actual Budget Budget 40,122 34,069 28,847 30,000 30,000 (40,122) (34,069) (28,847) (30,000) (30,000) 63 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 SPECIAL SAFETY GRANTS FUND This fund was originally established for the Supplemental Law Enforcement Services Fund (SLESF) grant. Government Code Sections 30061-30065 establish the authority for the SLESF, also known as the State COPS grant. The title of the fund was changed to allow grants for Fire Services to be managed here as well. G 11 CITY OF MORRO BAY 0 2012/13 PROPOSED ANNUAL BUDGET Beginning cash balance Revenues from: State grant Interest Total revenues Expenditures: Police services Revenues over(under) expenditures ®Ending cash balance SPECIAL SAFETY GRANTS FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended. Proposed Actual Actual Actual Budget Budget $ 52,598 $ $ $ $ 100,000 100,000 100,054 100,000 413 31 233 - 100,413 100,031 100,287 100,000 (153,011) (100,031) (100,287) (100,000) (52,598) NOTES: The SLESF (COPS) Grant is a federal grant with a fiscal year of October 1 - September 30. Notification of award does not occur until late August; we do not budget for this due to the uncertainty of receipt. Once we receive the award notification, a budget amendment is processed. In 2011/12, the Vehicle License Fees was taken from cities and redirected to fund the COPS Grants. Ul 65 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 PARKING IN -LIEU FUND The City has established a formula for calculating the number of parking spaces required to adequately service a new business establishment or the expansion of an existing one. Developers may choose to pay a fee instead of dedicating real estate to parking spaces. This fund has been set up to capture those in -lieu fees. Ell is CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET Beginning cash balance Revenues from: Parking in -lieu fees/agreements Interest income Other revenues and transfers Total revenues Expenditures: Contract services Less transfers out to: Enterprise Capital improvement Total expenditures and transfers out Revenues over(under) expenditures and transfers out Ending cash balance r\1 J PARKING IN -LIEU FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 383,083 $ 157,227 $ 152,204 $ 163,568 $ 169,568 - 14,921 14,634 5,000 5,000 21,002 4,489 3,289 1,000 1,000 - - 20,000 - 21,002 19,410 37,923 6,000 6,000 (88) (46,858) (24,345) (26,559) (200,000) (246,858) (24,345) (26,559) (246,858) (24,433) (26,559) (225,856) (5,023) 11,364 6,000 6,000 $ 157,227 $ 152,204 $ 163,568 $ 169,568 $ 175,568 67 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 TRANSIT FUND The Transit Fund accounts for the operations and activities associated with the.City's public transit system, Morro Bay Transit, which provides fixed route, Call -A -Ride, and Trolley functions. Due to significant decreases in State transportation funds in the 2008/09, 2009/10, and 2010/11 fiscal years, Council approved replacing the Dial -A -Ride service with. a flex fixed route system to best utilize transit funds, and still provide service to the citizens. This flex fixed route operates one fixed route that flexes, or deviates, off -route to provide limited, advance -scheduled, curb -to -curb service (Call -A - Ride), then returns to the next fixed route stop. Two percent of the TDA funds received by the City are specifically set -aside for bike. path/lane projects. The remaining TDA funds are used for the fixed route, Call -A -Ride and Trolley services. 11 13 T. CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET ® TRANSIT FUND Audited . 2011/12 2012/13 2008/09 2009/10 - 2010/11 Amended Proposed Actual Actual Actual Budget Budget Beginning rash balance S 257,383 S 170,683 S 165,494 $ 97,900 S 97,900 Revenues: - Call -A -Ride: LTF 245,079 219,894 188,411 210,828 198,264 STA 9,287 24,115 15,058 16,106 27,688 Grants 142,668 787 64,324 - - Farebox 36,291 39,431 12,054 15,000 16,500 Other 20,760 2,906 2,479 - - - Subtotal 454,085 287,133 282,326 243,934 242,452 Bikepaths: - LTF 6,776 5,756 5,624 6,935 7,622 Trolley: LTF - - - 32,657 54,110 Grants 134,247 141,774 12,765 - - Farebox 11,918 13,435 14,758 15,200 15,200 Advertising 6,684 4,063 6,136 6,000 6,000 Rent 4,195 4,423 3,298 2,000 2,000 Other 16,927 20,000 - Subtotal 157,044 180,622 56,957 55,857 77,310 Subtotal revenues 617,905 473,511 344,907 306,726 327,384 Transfers in from: General fund: Call -A -Ride 37,666 - 2,200 _ _ Trolley 24,678 24,874 Special revenue fund (Trolley) 46,858 24,345 26,559 Subtotal 109,202 49,219 28,759 - totalrevenues and transfers in 727,107 522,730 373,666 306,726 327,384 Expenses for: Call -A -Ride (318,998) (337,059) (208,882) (141,094) (152,285) Bikeway paths - (8,565) - - - Trolley (65,624) (99,253) (80,035) (55,857) (57,510) Capital outlay (330,162) - - - - Other - reservations - (30,192) Subtotal (714,754) (444,877) (288,917) (196,951) (239,987) Transfers out to: General fund for cost allocation (99,023) (83,042) (108,474) (109,775) (79,775) Other -V W(43,869) Total expenses and transfers out (813,807) 527,919 441,260 (306,726) (319,762) Revenues and transfers in over(under) expenses and transfers out (86,700) 5,189 67,594 7,622 Ending cash balance s 170,663 $ 165,494 S 97,900 $ 97,900 S 105,522 NOTES: With the 2010/11 budget, the demand response Dial -A -Ride system was reconfigured to one that requires prior day notice. The service is now a deviated faed route system with Call -A -Ride service. For the 2012/13 budget, no transfers in from other funds are anticipated. Reservations have been made in the 2012/13 year for the following: $5,000 for the 2012113 - 2014/15 Triennial Performance Audit (with STA allocation changes, the City now has to pay; SLOCOG takes $15,000 off the top of LTF for this audit/ this will build a reserve so no loss of operating funds every 3 years). $8,800 required 12% local match to Cycle 12/13 Rural Transit Fund grant to replacement of MIS Transit vehicle ® S 16,392 for Community Volunteer Bus program (aid in purchase of vehicle/first year operation seed money) $7,622 remaining of revenues over expenditures Is 2% required set aside of LTF for Nkepath/Pedestrian walkways; no specific project has been Identified for the 2012113 fiscal year - the funds will accumulate. For 2012113, the RTA allocation disclosure is removed, based on revision to 2010/11 TDA audit. Also, a fixed mute fare Increase for cash and pass fares : addition of 1 service hour at the end of the day are included. CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 WATER REVENUE FUND f This fund was established to account for all income and expenses having to do with the City's water utility operation. Its primary revenue source is water sales to residents and businesses. The Water Revenue fund is established as a self-supporting enterprise fund. A C] 70 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET WATER REVENUE FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Beginning cash balance Revenues from: Water sales Service fees Other revenues Subtotal Transfers in from: Reserve fund Other Subtotal ® Total revenues and transfers in Expenses for: Personnel Supplies Services Other (no depreciation) Subtotal Transfers out to: General fund for cost allocation Equipment replacement fund Capital improvement fund Reserve fund Subtotal Total expenses and transfers out Revenues over(under)expenses and transfers out Ending cash balance $ 64,347 $ 76,105 $ (340,834) $ (629,196) $ (288,362) 3,588,500 3,451,279 3,323,916 3,300,000 3,400,000 129,144 111,950 103,643 68,000 62,500 4,242 791 5,135 20,000 7 3,721,886 3,564,020 3,432,694 3,388,000 3,462,500 127,535 - 222,327 1,913,468 928,896 1,611,718 54,612 342 1,739,253 54,612 222,669 1,913,468 928,896 5,461,139 3,618,632 3,655,363 5,301,468 4,391,396 (653,711) (728,891) (755,617) (877,800) (990,600) (146,244) (255,591) (228,166) (190,000) (170,000) (2,399,437) (2,533,363) (2,586,033) (2,861,646) (2,656,246) (176,164) (299,612) (105,934) (10,000) (15,000) (3,375,556) (3,817,457) (3,675,750) (3,939,446) (3,831,846) (428,942) (267,975) (271,188) (271,168) (1,533,762) (218,114) (750,000) (111,121) (2,073,825) (218,114) (267,975) (1,021,188) (271,188) (5,449,381) (4,035,571) (3,943,725) (4,960,634) (4,103,034) 11,758 (416,939) (288,362) 340,834 288,362 $ 76,105 $ (340,834) $ (629,196) $ (288,362) $ ® NOTES: Resolution No. 48-08, adopted on August 11, 2008, authorizes the annual transfer of excess cash to the reserve fund. 71 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 SEWER REVENUE FUND This fund is used to account for the revenues and expenses associated with the wastewater collection operation. Its primary revenue source is sewer usage fees charged to residents and businesses. Operational funds are transferred to the Morro Bay/Cayucos Sanitary District Wastewater Treatment Fund as per a joint -powers agreement. The Sewer Revenue fund is established as a self-supporting enterprise fund. E 72 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUALBUDGET SEWER REVENUE FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Beginning cash balance $ 232,709 $ 590,827 $ 1,279,756 $ 2,055,392 $ 1,058,833 Revenues from: Sewer user fees 3,110,842 3,296,452 3,445,189 3,317,000 3,517,000 Intergovernmental - 143,193 214,930 - - Rental income 19,132 19,582 19,582 19,000 19,000 Other revenues 2,517 2,528 30,283 Subtotal 3,132,491 3,461,755 3,709,984 3,336,000 3,536,000 Transfers in from: Reserve fund Other Subtotal Total revenues and transfers in ® Expenses for: Personnel Supplies Services Other (no depreciation) Capital improvement MB/CSD Wastewater Treatment Plant Subtotal Transfers out to: General fund for cost allocation Equipment replacement fund Reserve fund Subtotal Total expenses and transfers out Revenues over(under) expenses and transfers out Ending cash balance - 58,348 54,321 545,198 - 7 545,198 58,348 54,328 3,677,689 3,520,103 3,764,312 3,336,000 3,536,000 (386,628) (452,449) (515,655) (777,800) (634,288) (86,677) (103,511) (60,457) (100,000) (92,500) (237,502) (288,626) (307,088) (539,384) (407,750) (49,664) (271,073) (21,004) (8,000) (10,000) (250,000) (1,546,314) (1,568,081) (1,924,757) (1,395,745) (1,443,624) (2,306,785) (2,683,740) (2,828,961) (3,070,929) (2,588,162) (177,233) (147,434) (159,715) (161,630) (161,630) (60,000) (775,553) (1,100,000) (1,845,041) (1,012;786) (147,434) (159,715) (1,261,630) (2,006,671) (3,319,571) (2,831,174) (2,988,676) (4,332,559) (4,594,833) 358,118 688,929 775,636 (996,559) (1,058,833) $ 590,827 $ 1,279,756 $ 2,055,392 $ 1,058,833 $ NOTES: Resolution No. 48-08, adopted on August 11, 2008, authorizes the annual transfer of excess cash to the reserve fund. ® With the 2011/12 fiscal year, excess cash, approximately $1,100,000, will transfer to the Sewer Reserve Fund. 73 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 HARBOR OPERATING FUND This fund was established to account for all revenues and expenses connected with the operation of the Morro Bay,Harbor and in accordance with the Tidelands granting statutes. The principle source of revenue for this fund is leases on the Embarcadero. The Harbor Operating fund is established as a self-supporting enterprise fund. 11 • 74 CITY OF MORRO BAY 0 2012/13 PROPOSED ANNUAL BUDGET HARBOR OPERATING FUND . Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Beginning cash balance $ 338,025 $ 349,293 $ 395,294 $ 279,920 $ Revenues from: - State/Federal grants 160,000 18,820 71,778 - - Charges for services: Lease sites 1,235,135 1,358,185 1,387,292 1,350,000 1,350,000 - Launch ramp - 2,208 24,392 25,000 25,000 Other 342,495 406,458 309,866 301,500 340,050 Other revenue - 1,243 50,845 4,000 - Subtotal 1,737,630 1,786,914 1,844,173 1,680,500 1,715,050 Transfers in from: Capital improvement 113,094 - 560,000 - Reserve fund - 115,128 - 41,948 20,751 Subtotal 113,094 115,128 - 601,948 20,751 Total revenues and transfers in 1,850,724 1,902,042 - 1,844,173. 2,282,448 1,735,801 ® Expenses for: Personnel (922,648) (1,007,712) (917,443) (946,813) (966,766) Supplies (51,291) (54,545) (86,981) (45,500) (55,100) Services (230,264) (255,196) (422,686) (270,290) (272,090) Other (no depreciation) (253,758) (129,860) (90,216) (560,000) Launch ramp (165) (2,648) (5,820) (3,800) Debt service (134,859) (134,859) (134,859) (134,859) (134,859) Equipment replacement Subtotal (1,592,820) (1,582,337) (1,654,833) (1,963,282) (1,432,615) Transfers out to: General fund for cost allocation (246,636) (273,704) - (276,637) (276,986) (276,986) General fund for AGP services (5,000) (5,000) (5,000) Equipment replacement fund - - - (18,000) - Capital improvement fund Reserve fund - launch ramp - - (21,744) (19,180) (21,200) Reserve fund Other - - (1,333) (279,920) - Subtotal (246,636) (273,704) (304,714) (599,086) (303,186) Total expenses and transfers out (1,839,456) (1,856,041) (1,959,547) (2,562,368) (1,735,801) Revenues over(under) expenses and transfers out 11,268 46,001 (115,374) (279,920) - Ending cash balance $ 349,293 $ 395,294 $ 279,920 $ - $ - ® NOTES: Resolution No. 48-08, adopted on August 11, 2008, authorizes the annual transfer of excess cash to the reserve fund. Beginning with the 2011/12 fiscal year, all excess cash from the launch ramp operation is being transferred to the Harbor Reserve Fund. 75 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 RISK MANAGEMENT FUND This fund collects contributions from all departments and disburses payments for the City's insurance funds: Worker's Compensation, Unemployment, General Liability, Property Damage, and Vehicle . Insurance. 76 C� n U E CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET Beginning cash balance Revenues from: Charges for services Investment earnings Other revenue Total revenues Expenses for: Workers compensation insurance Unemployment insurance General liability insurance Property damage insurance Vehicle insurance Other insurance Total expenses Revenues over(under) expenses Transfer out to General Reserve Ending cash_ balance RISK MANAGEMENT FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 2,338,011 S 2,843,589 $ 526,175 5 949,848 5 949,848 1,357,360 1,197,312 1,405,331• 723,500 1,000,000 66,546 34,547 9,356 2,500 10,000 44,206 20,181 13,769 20,000 6,000 1,468,112 1,252,040 1,428,456 746,000 1,016,000 (277,427) (110,208) (145,642) (150,000) (150,000) (18,979) (28,500) (54,280) (30,000) (55,000) (526,177) (978,194) (734,178) (500,000) (735,000) (114,130) (32,682) (45,595) (40,000) (45,000) (6,477) (14,764) (14,019) (20,000) (20,000) (19,344) (5,106) (11,069) (6,000) (11,000) (962,534) (1,169,454) (1,004,783) (746,000) (1,016,000) 505,578 82,586 423,673 - (2,400,000) - - - $ 2,843,589 $ 526,175 $ 949,848 $ 949,848 $ 949,848 NOTES: Resolution No. 13-10, adopted on February 22, 2010, established the parameters for this fund. 77 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 SPECIAL ASSESSMENT DISTRICTS FUND This fund was created to record parcel assessments and expenditures associated with certain housing developments within the city limits. CLOISTERS This is a landscape and lighting district. NORTH POINT The California Coastal Commission and the City of Morro Bay worked with landowners at the northern end of the Morro Bay shoreline bluff top to preserve a natural area as part of a small housing development plan. This is a landscape and lighting district. LOPRENA This is a storm drain assessment district. 2 11 W CITY OF MORRO BAY Is 2012/13 PROPOSED ANNUAL BUDGET SPECIAL ASSESSMENT DISTRICTS FUND Beginning cash balance Revenues from property tax assessments Cloisters North Point Loprena Total revenues Expenditures: North Point. ® Cloisters Loprena Subotal expenditures Transfers out Revenues over(under) expenditures Ending cash balance NOTES: Actual cash balances at 6/30/2011: Audited 2011/12 2012/13 .2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 14,729 5 48,175 $ 58,188 $ 34,422 $ 24,647 148,944 148,944 148,944 148,944 148,944 5,645 5,645 5,645 5,645 5,645 2,832 2,832 2,673 2,832 2,832 157,421 157,421 157,262 157,421 157,421 (4,496) (4,176) (5,804) (5,645) (5,645) (119,479) (143,232) (175,224) (148,944) (148,944) (123,975) (147,408) (181,028) (154,589) (154,589) - - 12,607) - 33,446 10,013 (23,766) (9,775) 2,832 $ 48,175 $ 58,188 $ 34,422 $ 24,647 $ 27,479 Cloisters $ (27,529) North Point $ 21,596 Loprena $ .38,548 Mimosa $ 12,607 With the 2011/12 budget, the $12,607 cash for Mimosa Assessment District was moved to the District Transaction Tax (Measure Q) Fund for Mimosa Street improvements. E 79 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 TRUST AND AGENCY FUND PUBLIC, EDUCATIONAL, GOVERNMENT (PEG) ACCESS Federal laws require that cable television companies provide channels designated for public, educational or governmental use in exchange for cable companies' use of public rights of way to lay their cables. These monies represent a 1% gross revenue fee charged to the cable system service provider to fund equipment and facilities related to PEG access activities. The cable system franchise provider passes this fee on to its subscribers, as allowed by Federal law. E • CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET TRUST AND AGENCY - PEG ACCESS FEES 2011/12 2012/13 2609/10 2010/11 Amended Proposed Actual Actual Budget Budget Beginning cash balance $ 139,016 $ 146,908 $ 133,498 $ 89,193 Revenues from: PEG Access fees 39,677 31,104 32,000 30,000 Expenditures (31,785) 44,514 (76,305) (91,969) Revenues over (under) expenditures 7,892 (13,410) (44,305) (61,969) Ending cash balance $ 146,908 $ 133,498 $ 89,193 $ 27,224 ® NOTES: 2009/10 expenditures are for San Luis Coastal ($29,385) and CivicPlus ($2,400) 2010/11 expenditures are for San Luis Coastal ($27,914), CivicPlus ($3,600) and AGP Video contract ($13,000) 2011/12 expenditures are for San Luis Coastal ($14,525), CivicPlus ($3,780), AGP Video contract ($13,000), and City storage area/network system server data consolidation ($45,000) 2012/13 expenditures are for CivicPlus ($3,969), AGP Video contract ($13,000), and a partial reservation for improvements to the audio/video at Veterans Hall ($35,000), and a document management public portal for records ($40,000) E M. CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 MORRO BAY/CAYUCOS SANITARY DISTRICT WASTEWATER TREATMENT FACILITY FUND This fund records the revenues and expenses associated with the operation of the Wastewater Treatment Facility. The Plant provides services to the City residents and businesses as well as the unincorporated community of Cayucos. City of Morro Bay employees operate the Plant, with operations oversight handled through a joint powers agreement between the City and the Cayucos Sanitary District.. 9E CITY OF MORRO BAY LJ C 2012/13 PROPOSED ANNUAL BUDGET MORRO BAY/CAYUCOS SANITARY DISTRICT WASTEWATER TREATMENT FACILITY FUND Beginning cash balance Revenues from: Charges for services Other revenue Total revenues Expenses for: Personnel Supplies Services Other (no depredation) Capital improvements General Fund administration Total expenses Revenues over(under) expenses Ending cash balance Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ - $ 92,533 $ - $ - $ 2,096,781 2,080,458 2,598,374 1,911,980 1,924,832 635 - - 2,096,781 2,080,458 2,599,009 1,911,980 1,924,832 (694,733) (726,773) (771,648) (777,906) (770,892) (229,972) (241,638) (246,800) (260,750) (287,050) (846,332) (823,930) (897,017) (843,324) (806,890) (901) (80,999) (21,751) (30,000) (192,063) (267,612) (636,525) (40,247) (32,039) (25,268) (30,000) (30,000) (2,004,248) (2,172,991) (2,599,009) (1,911,980) (1,924,832) 92,533 (92,533) $ 92,533 $ $ $ $ M. CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 GOVERNMENTAL IMPACT FEES This fund was established in October 2007 when Council enacted Resolution No. 47-07, which implemented the development impact fee program. A three year moratorium on impact fees for commercial and/or mixed use projects on commercially -zoned land was enacted on June 28, 2011. E C r CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET Beginning cash balance Revenues from impact fees: Administration Police Fire Streets Storm drain maintenance Parks Total revenues Expenditures for: Administration Police Fire Streets Storm drain maintenance Parks Total appropriations GOVERNMENTAL IMPACT FEES FUND Audited 2008/09 2009/10 2010/11 Actual Actual Actual 2011/12 2012/13 Amended Proposed Budget Budget $ 34,610 $ 51,025 $ 145,522 $ 280,340 $ 280,340 3,882 19,937 32,405 1,252 7,170 . 10,453 - - 1,378 8,115 11,499 - - 5,760 35,154 48,279 - - 250 1,529 2,047 - - 3,893 22,592 30,135 - 16,415 94,497 134,818 Revenues over(under) expenditures 16,415 94,497 134,818 Ending cash_ balance $ 51,025 $ 145,522 $ 280,340 $ 280,340 $ 280,340 NOTES: On June 28, 2011, City Council voted to impose a three year moratorium on impact fees for commercial and/or mixed use projects on commercially -zoned land. Ul CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 PARK IN -LIEU FEES FUND Local governments in California provide a critical role in the effort,to,set aside parkland and open space for recreational purposes.. Since the passage of the 1975 Quimby Act (California Government Code §66477), cities and counties have been authorized to pass ordinances requiring that developers set aside land, donate conservation easements, or pay fees for park improvements. Revenues generated through the Quimby Act cannot be used for the operation and maintenance of park facilities. The goal of the Quimby Act was to require developers to help mitigate the impacts of property improvements. This fund manages the special revenue fees collected. u 11 M CITY OF MORRO BAY U U 2012/13 PROPOSED ANNUAL BUDGET PARK IN -LIEU FEES FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget Beginning cash balance $ 118,255 $ 110,962 $ 176,428 5 26,591 5 27,341 Revenues from: . Impact fees 30,369 98,637 26,115 - - Interest income 3,146 2,592 929 750 250 Other 125 - - - Total revenues 33,515 101,354 27,044 750 250 Capital outlay (40,808) (35,888) (176,881) - - Ending cash balance $ 110,962 $ 176,428 $ 26,591 $ 27,341 $ 27,591 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET. 2012/13 STATE PARK MARINA SPECIAL REVENUE FUND This fund manages the marina concessions revenues that are received for the planning and environmental review of the proposed dredging and renovation of the State Park Marina. r M Ul Beginning cash balance Revenues from: Concessions Intergovernmental Interest income Total revenues CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET STATE PARK MARINA SPECIAL REVENUE FUND. Expenditures: Dredging ® Revenues over(under) expeditures Ending cash balance r] Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ (57,826) $ 33,932 $ . (16,762) $ 263,473 $ 263,473 59,829 68,852 61,508 50,000 61,000 11,885 - 448,002 - - 71,714 68,852 509,510 50,000 61,000 (47,820) (51,682(229,275) (50,000) (61,000) 23,894 17,170 280,235 - $ 33,932 $ (16,762) $ 263,473 $ 263,473 S .263,473 I CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 HOUSING IN -LIEU FUND This fund was set up to collect impact fees for affordable housing. In cases where affordable housing is required and the developer has substantially demonstrated to the City's satisfaction that the reasonable and practical development of affordable housing either on -site or off -site is infeasible, the City may permit the developer to satisfy the requirements to provide affordable housing by payment of an in -lieu housing fee. The fee is to be paid prior to the issuance of a building permit (where square footage is added) or a final tract map. Fees accepted for affordable housing may be used to construct or assist in the construction of housing for rent or sale to very low and/or low and moderate income families, to purchase land for the purpose of affordable housing, to assist very low and/or low and moderate income families to afford adequate housing or for other measures to provide housing for very low and/or low and moderate income families. Also, the City may use the money for capital projects, such as the Housing Element or General Plan. Update. As an option, the in -lieu fees may be transferred to another public agency, such as a nonprofit housing provider,, for the purpose of providing affordable housing in the City. .o CITY OF MORRO BAY E Beginning cash balance Revenues from: Impact fees Interest income Total revenues Expenditures for: Services Capital outlay ® Total expenditures. 2012/13 PROPOSED ANNUAL BUDGET Revenues over(under) expeditures Ending cash balance HOUSING IN -LIEU FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 635,868 5 619,045 $ 636,380 $ 648,446 $ 51,446 11,481 7,042 7,225 - - 15,800 11,561 6,110 3,000 500 27,281 18,603 13,335 3,000 500 (44,104) (1,268) (1,269) (600,000) (44,104) (1,268) (1,269) 600,000) - (16,823) 17,335 12,066 (597,000) 500 $ 619,045 $ 636,380 $ 648,446 $ 51,446 $ 51,946 NOTES: On 12/29/11, $600,000 was transferred to PSCDC Morro del Mar for a project at 555 Main St. 91 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 WATER RESERVE FUND This fund was established to collect impact fees and excess operating revenue for use on capital improvement projects or to cover cash shortages. E 0 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET WATER RESERVE FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 ;Amended Proposed Actual Actual Actual Budget Budget Beginning cash balance 5 6,306,130 $ 5,166,472 5 4,984,596 5 4,842,676 $ 2,944,208 Revenues from: Impact fees 7,076 10,315 16,566 - - Interest income 156,771 85,426 44,964 15,000 15,000 Other income 1,537 534 546 - - Subtotal 165,384 96,275 62,076 15,000 15,000 Transfers in from operating fund 111,121 - - - - Total revenues and transfers in 276,505 96,275 62,076 15,000 15,000 ® Capital improvements (1,288,628) (278,151) - (750,000) - Transfer out to operating fund (127,535) (203,996) (1,163,468) (928,896) Total expenses (1,416,163) (278,151) (263,996) (1,913,468) (928,896) Revenues over(under) expenditures (1,139,658) (181,876) (141,920) (1,898,468) (913,896) Ending cash balance $ 5,166,472 $ 4,984,596 $ 4,642,676 $ 2,944,208 $ 2,030,312 El 93 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 SEWER RESERVE FUND This fund was established to collect impact fees and excess operating revenue for use on capital improvement projects or to cover cash shortages. E Ell 1] 94 CITY OF MORRO BAY ® 2012/13 PROPOSED ANNUAL BUDGET Beginning cash balance Revenues from: Impact fees Interest income Subtotal Transfers in from: Capital improvement Revenue fund Subtotal Total revenues and transfers in Capital improvements Transfer out to: Sewer Equipment Replacement Fund Sewer Revenue Fund Subtotal Total capital and transfers out Revenues and transfers over(under) capital improvements and transfers out Ending cash balance r1 \,_ SEWER RESERVE FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 2,352,349 5 2,658,118 $ 2,978,205 $ 2,997,320 $ 4,107,320 34,471 21,197 32,563 - - 72,761 66,248 40,305 10,000 30,000 107,232 87,445 72,868 10,000 30,000 389,349 630 773,534 - 1,100,000 1,845,041 773,534 389,349 630 1,100,000 1,845,041 880,766 476,794 73,498 1,110,000 1,875,041 (29,799) (156,707) (53,708) (25,000) (545,198) (675) (545,198) (54,383) (25,000) (574,997) (156,707) (54,383) (25,000) 305,769 320,087 19,115 1,110,000 11,850,041 $ 2,658,118 5 2,978,205 $ 2,997,320 $ 4,107,320 $ 5,957,361 95 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012/13 HARBOR RESERVE FUND This fund was established to collect excess operating revenue for use on capital improvement projects or to cover cash shortages. 11 W. CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET Beginning cash balance Revenues from: Impact fees Interest income Subtotal Transfers in from: Operating fund Capital projects fund Launch ramp Other ® Subtotal Total revenues and transfers in Capital improvements Transfers out to: Operating fund Other Subtotal Total capital and transfers out Revenues and transfers over(under) . capital improvements and transfers out Ending cash balance . HARBOR RESERVE FUND Audited 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ 962,503 $ 947,961 $ 935,579 $ 1,041,836 5 463,570 34,130 24,457 12,659 4,500 4,000 34,130 24,457 12,659 4,500 4,000 11,654 - 71,856 - - - 21,744 19,180 21,200 5,771 - - - - 17,425 - 93,600 19,180 21,200 51,555 24,457 106,259 23,680 25,200 (65,076) (36,839) (1,021) (1,021) (66,097) (36,839) (601,948) (20,751) (206,900) (601,948) (227,651) (601,948) (227,651) (14,542) (12,382) 106,259 578,268) (202,451) 5 947,961 5 935,579 $ 1,041,838 $ 463,570 5 261,119 97 CITY OF MORRO BAY PROPOSED ANNUAL BUDGET 2012113 SCHEDULES 1. Schedule of Proposed Capital Projects 2. - Schedule of Measure Q Requests 3. Schedule of Proposed Facility Maintenance Projects 4.. Schedule of Completed Facility Maintenance Projects 5. Schedule of Proposed Five -Year Pavement Management 6. Schedule of Completed Pavement Projects 7. Schedule of Five -Year Capital Requirements n LJ LJ 98 CITY OF MORRO BAY SCHEDULE OF PROPOSED CAPITAL PROJECTS FOR THE 2012/13 FISCAL YEAR PROJECT GENERAL GOVERNMENT CAPITAL IMPROVEMENT Fire Station #53, Phase II ARRA Energy Efficiency Retrofits TOTAL CARRYOVER • FROM ONGOING 2012/13 PROJECTS TOTAL ACCOUNT PROPOSED AS OF CAPITAL NUMBER BUDGET 03/31/12 PROJECTS 915-8444 2,246,073 2,246,073 915-8478- 4,401 4,401 $ - $ 2,250,474 $ 2,250,474 WATER CAPITAL IMPROVEMENT Nutmeg tank 921-8437 $ Desal upgrade/energy recovery project 921-8464 Blanca pipeline 921-)000( Brackish water reverse osmosis mechanical electrical 921-)900( Chorro Creek stream gauges 921-9704 TOTAL SEWER CAPITAL IMPROVEMENT Reconstruct lift station r3 Reconstruct lift station r2 North Main St. trunk line replacement ® Hydro building construction Section 6 rehabilitation TOTAL HARBOR CAPITAL IMPROVEMENT North T-pier reconstruction Boat repair/storage yard Lease site audits Replace storage yard metal roof TOTAL WASTEWATER TREATMENT PLANT WWTP upgrade - design WWTP facility master plan WWTP project management (Delzeit) Coastal appeals process: Dudek McCabe TOTAL E $ $ 349,108 $ 349,108 202,706 202,706 250,000 250,000 .. 500,000 500,000 205,660 205,660 $ 1,507,474 $ 1,507,474 922-8228 $ - $ 1,211,044 $ 1,211,044 922-8310 - 1,052,888 1,052,888 922-8455 - 32,994 32,994 922-9606 - 72,464 72,464 922-X)00( - 250,000 250,000 $ - $ 2,619,390 $ 4619,390 923-8413 $ - $ 717,000 $ 717,000 923-8435 - 55,332 55,332 10,000 10,000 20,000 25,000 - 25,000 $ 35,000 $ 782,332 S 817,332 599-8433 $ - $ 2,262,810 $ 2,262,810 599-8438 - 55,000 55,000 - 112,473 112,473 599-8462 93,818 93,818 - 100,022 100,022 $ - $ 2,624,123 $ 2,624,123 ti' ©/-__$\/M( I &�//E - ��� _CL : .0({)\��ca 0 fE{k! ƒ` : {[@{}g§'&§�}){ /\fƒ\) { 0 CL.2 0o M}c—»(® k`°2r� )�/�s& .-Em2mC, cu �0C 7J\2 7 �ER= $50. u'0 _, ^I§a§( \ § \)\)\\ \\))}\ 7 § tea®:=\ =,-ta- \*[§� CL a)o0. ua,-E \ �r0)z \/\\}*® �lEa \ ____ a00 �a,:�%s @ee� f)\fa{{) �\\{\( �\\{) a)- m �\ \)a)0 \\\)}= /\�,T2E E)�\\\ �7_EE {±2a) ($))\) oEcu00 CL /, > k({}/ 2r§=E2 »© 0 �. -- 2 GILD ca)\ «/CL )L22 /!(D m0 \)\ca2: CL § a .. 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COi9 WW ECU c ca cin comas a UUU C cUo Yn¢ Z-n0 w� �, 5 i C c s o m m_ v'm m� `o o `o `o a `o o o-o z c 99 0 5 m a A U A. % G `U - `-' o 0 0 0 0 0 o g v v v v+ l7 ? w LL- c;� � L° w v .3 n�uBGf GL.��� inf f fY EFff �ww vu.af € �^ No ap ap v= A g o c c LL IA U U' U U 1 0 0 0 V O W 2 LL LL U' a i .J 'J J E m m IL 5 O I1 U E 124 RESOLUTION NO. 28-12 APPROVAL OF AMENDMENT NO. 2 TO THE LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W, LOCATED AT 725 EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND 725 EMBARCADERO LLC THE CITY" COUNCIL City of Morro Bay, California WHEREAS. the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 82-85/82W-85W, located at 725 Embarcadero: and. WHEREAS. 725 Embarcadero, LLC is the lessee of said property; and. WHEREAS, the original lease agreement entered into provided that the percent gross for retail sales would increase from 3% to 5% beginning in July 2012: and WHEREAS, the increase in percentage for retail sales was predicated on an original 2002 lease start date: and WHEREAS, delays in the opening and the poor economy have caused the tenant to request the City to delay the percent gross for retail sales to increase from 3% to 5% beginning in ® July 2013: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment No. 2 to the Lease Agreement for Lease Site 82-85/82W-85W between the City of Morro Bay and 725 Embarcadero LLC is hereby approved and that the Mayor is hereby authorized to execute said Amendment No. 2. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 121h day of June 2012. by the following vote: AYES: Borchard. Johnson. Lease. Smukler, Yates NOES: None ABSENT: None WILLIAM YATES, AY R v_ ® J MI BOUCHER, CITY CLERK AMENDMENT #2 TO LEASE FOR LEASE SITE 82-85/82W-85W This amendment #2 ("Amendment") to the lease for Lease Site 82-85/82W-85W dated February 20, 2002 and described in the memorandum of lease recorded on May 2002 is entered into on June 12, 2012 by and between the City of Morro Bay, a municipal corporation of the State of California, hereinafter called "City" and 725 Embarcadero LLC, a California limited liability company, hereinafter called "Tenant". Tenant and City shall provide for the amendment of Lease as follows: SECTION 2.04 SECTION A. PERCENTAGE RENT — Delete Existing Language and replace with the following: SECTION 2.04 SECTION A. PERCENTAGE RENT. A. Commencing on July 1, 2003 and continuing until June 30, 2013, in addition to the Minimum Rent, TENANT agrees to pay to CITY at the time and in the manner hereinafter specified, as additional Rent for the use and occupancy of the Premises, a sum equal to five percent (5%) of TENANT'S Gross Sales attributable to food and beverage sales from the first floor bar and three percent (3%) of all other gross sales, hereinafter defined, less the amount of the Minimum Rent paid pursuant to this Lease (the "Percentage Rent"). Commencing on July 1, 2013 and continuing until the termination date of this lease, TENANT agrees to pay to CITY at the time and in the manner hereinafter specified, as addition rent for the use and occupancy of the premises, a sum equal to five percent (5%) of all TENANT's Gross Sales, except those attributable to the second floor table service restaurant (both food and Beverage) which shall.be three percent (3%) of all TENANT's gross sales as hereinafter defined, less the amount of Minimum Rent paid for the fiscal year pursuant to this lease. All other provisions of the lease shall remain in full force and effect. In witness hereof the parties hereto have executed this Amendment #2 as of the date written above. CITY OF MORRO BAY APPROVED AS TO FORM Robert Schultz, City Attorney TENANT — 725 EMBARCADERO LLC. Doug -. _, ATTEST: Jamie Boucher, City Clerk 0 RESOLUTION NO. 27-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA PROHIBITING STREET WORK IN COMMERCIAL AREAS BETWEEN MEMORIAL DAY AND LABOR DAY THE CITY COUNCIL Cite of Morro Bay, California WHEREAS. the City of Morro Bay is host to over one -million visitors every year, the vast majority of whom visit during the summer months; and WHEREAS. the Ciry acknowledees the existence of increased traffic and a parking shortage during the summer months; and WHEREAS. when street work is undertaken during the summer months_. traffic congestion often occurs and valuable parking spaces are lost. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California, that it is the City's policy that all street and public parking lot work in the commercial areas including striping, trenching, re -paving, sealing, tree trimming, and any other street maintenance or improvements that may cause traffic congestion or loss of parking spaces, be undertaken only during the nine months from Labor Dav to Memorial Day. PASSED AND ADOPTED by the City Council of the Citv of Morro Bav at a regular meeting thereof held on the 26th day of June. 2012 on the following vote: AYES: Borchard. Johnson. Leage_. Smukler, Yates NOES: None ABSENT: None I 1 W WILLIAM YATES. fa or ATTEST: JA.V& BOUCHER, City Clerk 11 RESOLUTION NO. 26-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING SUBMISSION OF PROPOSITION 1B PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT AND SERVICE ENHANCEMENT ACCOUNT GRANT APPLICATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Public Transportation Modernization; Improvement, and Service Enhancement Account Program (PTMISEA) was created by Proposition 113, the Highway Safety, Traffic Reduction; Air Quality. and Port Security Bond Act of 2006; and WHEREAS; of the $19.925 billion available to Transportation; S3.6 billion dollars was allocated to PTMISEA to be available to transit operators over a ten-year period; and WHEREAS. funds in this account are appropriated annually by the Legislature to the State Controller's Office (SCO) for allocation in accordance with Public Utilities Code formula distributions: 50% allocated to Local Operators based on fare -box revenue and 50% to Regional Entities based on population; and WHEREAS; the City has been allocated $10,618 in Local Operator share of PTMISEA funds that the City needs to apply for before June 30, 2012; and is WHEREAS. PTMISEA funds may be used for transit rehabilitation. safety or modernization improvements; capital service enhancements or expansions; new capital projects, bus rapid transit improvements, or rolling- stock (buses and rail cars) procurement, rehabilitation or replacement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Public Services Director or his designee is authorized to submit an application for PTMISEA funds for the City's transit vehicle replacement project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 121h day of June, 2012 on the following vote: AYES: Borchard, Johnson, Leage_. NOES: None ABSENT: None ATTEST: LIU I�iI_- Ja 86ucher. City Clerk Smukler. Yates Wi iam Yates. Mavo so RESOLUTION NO.25-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DECLARING THE INTENTION TO CONTINUE THE PROGRAM AND ASSESSMENTS FOR THE 2012/13 FISCAL YEAR FOR THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID) THE CIT17 COUNCIL City of Morro Bay, California WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et seq.; of the California Streets and Highway Code authorizes cities to establish and review business improvement areas of the purpose of promoting tourism; and WHEREAS. on April 13, 2009. the City Council held a public hearing and first reading of Ordinance 546 to establish the Morro Bay Tourism Business Improvement District (MBTBID); and approved Ordinance 546 at its April 27, 2009 meeting: and WHEREAS, the advisory board has requested the renewal of the TBID for the 2012/13 fiscal year to continue its activities: and WHEREAS, all other findings of Ordinance 546 to establish the TBID remain unchang-ed: and WHEREAS. on May 8. 2012, staff presented the annual report for the fiscal year 2010/11 (the second year of the TBID), the adopted budget for 2011/12, and the budget plan for 2012/13, all of which are attached to this Resolution as Exhibit A: and WHEREAS. the annual report and budget plan generally describe the activities to be marketing activities, which attract and extend overnight stays in Morro Bay hotels, support f6r the Visitors Center, whose outreach to potential visitors is key, and a cost allocation charge by the General Fund for AGP Video filming expense: and WHEREAS, it is the intention of the City Council to levy and collect 3% assessments from the hoteliers within the TBID for the 2012/13 fiscal year: and WHEREAS, the City Council conducted a public meeting on May 8, 2012, to affirm the annual report and budgets, and set the public hearing date as May 22, 2012. at 6:00 p.m. (or soon thereafter as possible), said hearing to be held in the Morro Bay Veterans Memorial Hall located at 209 Surf Street, Morro Bay. California. in accordance with the California Streets and Highway Code Sections 36524 and 36525: and 11 WHEREAS, on May 22. 2012, the City Council conducted a public hearing regarding the renewal of the TBID for the 2012/13 fiscal year; at which affected businesses had the opportunity to protest the TBID renewal, with the following results: FOR: All Others AGAINST: Pacific Cottage Motel NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That the above recitations are true and correct, and incorporated herein by reference. 2. That the City Council, having affirmed the annual report and budgets on May 8. 2012 at a regular meeting. declares its intention to renew the Morro Bay Tourism Business Improvement District for the 2012/13 fiscal year. and to levy and collect 3% assessments from hoteliers. PASSED AND ADOPTED by the City Council of the City of Morro Bay. at a regular meeting thereof held on the 22nd day of May. 2012. by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates is NOES: None ` ABSENT: None untA�1C/h MIE BOUCHER, City Clerk 11 J U CITY OF MORRO BAY 2012/13 PROPOSED ANNUAL BUDGET MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT Beginning cash balance Revenues from: Assessments Interest Subtotal Expenditures for capital outlay: Tourism promotion Transfers to General Fund Revenues over (under) expenditures Ending cash balance 2011/12 2012/13 2008/09 2009/10 2010/11 Amended Proposed Actual Actual Actual Budget Budget $ - $ 47,260 $ 66,630 (27,373 (27,373) 48,682 380,375 398,696 460,000 571,500 - 1,069 228 500 48,682 381,444 398,924 460,500 571,500 (1,422) (362,074) (486,927) (404,500) (498,127) - - (6,000) (56,000) (56,000) 47,260 19,370 (94,003) 27,373 47,260 S 66,630 $ (27,373 (27,373) - NOTES: In 2010/11, funding for the Visitors Center was approved; total transfer for 2012/13 is $6,000 for AGP Video and $50,000 for the Visitors Center. ® RESOLUTION NO. 24-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING HATCHING FUNDS FOR THE 2012 BTA GRANT APPLICATION THE CITY COUNCIL City of Nforro Bay, California WHEREAS; the City Council adopted the 2011 Morro Bay Bicycle and Pedestrian Master Plan in February of this year; and WHEREAS, the Plan was certified by the San Luis Obispo Council of Governments: and WHEREAS, the City is now eligible for Bicycle Transportation Account (BTA) grant funding from the State; and WHEREAS, the BTA Grant requires the City to provide a minimum of 10% of project costs in matching funds; and WHEREAS, the City currently has adequate funds in the Local Transportation ® Fund Account for such purposes; and WHEREAS, staff has prepared a BTA grant application based on project priorities described in the Bicycle and Pedestrian Master Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California; approves the use of designated Local Transportation Funds to provide the 10% match for the Bicycle Transportation Account Grant Application. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of May, 2012 on the following vote: AYES: NOES: ABSENT: Borchard, Johnson, Leage. Smukler, Yates None None ATTEST: ® J E BOUCHER, City Clerk ® RESOLUTION NO. 23-12 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 2, 2012, prepared in accordance with Article 4 of the Act, commencing with Section 22565; and WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by ® City ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the North Point Natural Area; and WHEREAS, pursuant to the intent of Article XIII, Section 4, of the California Constitution, the property owners have elected to form the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held June 26, 2012 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 2, 2012 which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total S5,645 or S564.50 per assessable parcel for fiscal year 2012/13. l E I] n PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 8'h of May, 2012 by the following roll call vote: AYES: Borchard, Johnson, Leage, Smulder NOES: Yates ABSENT: None ATTEST: JAPfE BOUCHER, CITY CLERK UAWAI WILLIAM YATE , 4A1 OR EXHIBIT 'A' ® CITY Of MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM i� NORTH POINT NATURAL AREA - LEGEND t� ^} 17 - t 1. = LOT NUMBER Irv° y 1.10 ACi � � 10 = COUNTY ASSESSORS PARCEL NUMBER ' r.s 082s7 9. < NO AREA r . 6• TRACT 2110 21 a 55 14 ACs v 123. t, � t Q r �q 11 �o ® RESOLUTION NO.22-12 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY THE AN'NUAL 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 22621 of the Act, the Engineer has filed in the Office of the City Clerk, and submitted for review to the City Council, a report entitled "Engineers Report - Cloisters Landscaping and Lighting Maintenance Assessment District", May 2, 2012, prepared in accordance with Article 4 of the Act, commencing with Section 22565; and ® WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by City Ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the Cloisters Park and Open Space: and WHEREAS, pursuant to the intent of Article X111, Section 4, of the California Constitution, the property owners have elected to form the Cloisters Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held June 26, 2012 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 2, 2012, which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total S148,944 or S1,241.20 per assessable parcel for Fiscal Year 2012/13. r1 U ® PASSED ANND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this S'h day of May, 2012 by the following roll call vote: AYES: Borchard, Johnson, Smulder NOES: Leage, Yates ABSENT: None ATTEST: JAMI OUCHER, CITY CLERK 11 u �® ' •r � � LSD so RESOLUTION NO.21-12 APPROVAL OF AMENDMENT 92 TO THE LEASE AGREEMENT FOR LEASE SITE 122-123/122W-123W LOCATED AT 1205 EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND TROY AND HEATHER LEAGE DBA THMT INC. THE CITY COUNCIL City of Morro Bap, California WHEREAS, the City is the lessor of certain property on the Morro Bay waterfront described as Lease Site 122-123/122W-1231AI and Extension 122W-123W. located at 1205 Embarcadero: and. WHEREAS, Troy and heather Leage, dba THMT Inc., is the lessee of said property: and WHEREAS, the City and the proposed tenant, THMT, Inc. have agreed to an amendment to the lease agreement to add ten years on the existing lease agreement so that the new termination date shall be June 30, 2033 and requires that no later than June 30, 2016, Tenant shall complete refurbishment, remodeling and repairs on the buildings on the premises valued at a minimum of $150,000. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the Citv of Morro Bay. California. that the Mayor is hereby authorized to execute Amendment 92. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of May, 2012 on the following vote: AYES: Borchard, Johnson, Smukler, Yates NOES: ABSENT: ABSTAIN: Leage ATTEST: ® JarVe Boucher, City Clerk AMENDMENT 92 TO THE LEASE AGREEMENT FOR LEASE SITE 122-123/122W-123W ® This Amendment is made and entered into as of this 22"d day of May, 2012 by and between the City of Morro Bay, a municipal corporation of the State of California, (hereinafter "City') and Troy and Heather Leage, dba THMT Inc. (hereinafter "Tenant") to amend that certain ground lease for Lease Site 122-123/122W-123 W dated April 27,1998 (hereinafter "Lease"). NVFIEREAS, Tenant intends to construct an approximate 680 sq. ft. second level over the existing office, freezer and kitchen preparation area on Lease Site 122-123/122W-123W, estimated to cost $150,000; and. WHEREAS, it is mutually beneficial for City, and Tenant to acknowledge the improvement to the Lease Site; and, WHEREAS, the proposed expansion of 680 sq. ft. to add additional storage space and employee break room is in compliance with MBMC 17.36.020 as said additional space shall not be used as additional restaurant service; NOW THEREFORE, Tenant and City shall provide for the amendment of Lease as follows: 1. SECTION 1.01 TERM: The Termination Date shall be amended to read "June 30, 2033". 2. CONSTRUCTION OF IMPROVEMENTS ® Tenant agrees to obtain the required permits and to complete construction/installation of the 680 sq. ft. second level located on Lease Site 122-123/122W-123W valued at a minimum of S150:000 by June 30, 2016. Tenant shall submit copies of invoices paid by tenant to verify expenses. Failure to complete said construction and provide proof of expenses by June 30, 2016 will void this Amendment. Tenant agrees that the 680 sq. ft. addition shall be used for additional office space, storage and employee break room for the restaurant and for no other uses. All other provisions of the lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto f CITY OF MORRO BAY APPROVED AS TO FORM: Robert Schultz, City Attorney ® AS T: U Janiie Boucher, City Clerk ® RESOLUTION NO. 20-12 APPROVAL OF AMENDMENT NO. 2 TO THE LEASE AGREEMENT FOR LEASE SITE 78-81/78R'-81W, LOCATED AT 701 EIIBARCADERO, BETWEEN THE CITY OF 1110RRO BAY AND VAN BEURDEN INVESTMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 78-81/78W-8IW, located at 701 Embarcadero: and. WHEREAS, Van Beurden Investments are the lessees of said property; and; WHEREAS, in order to preserve marine dependent uses on the waterfront the City and Van Beurden Investments have agreed to enter into Amendment No. 2. with an effective date of July 1, 2012, to the Lease Agreement for Lease Site 78-81/78W-81 W to provide a rent credit of S600 per month as lone as there is a fish buying or fish processing business operating on at least 400 square feet of the Lease Site; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro ® Bay that Amendment No. 2 to the Lease Agreement for Lease Site 78-81/78W-81 W between the City of Morro Bay and Van Beurden Investments is hereby approved and that the Mayor is hereby authorized to execute said Amendment No. 2. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8`s day of May 2012, by the following vote: AYES: Borchard, Johnson, Lease, Smukler, Yates NOES: None ABSENT: None JAtiE BOUCHER, CITY CLERK ® AMENDN11ENT #2 TO LEASE AGREEDENT FOR LEASE SITE 78-81/78W-81 W C� This Amendment is made and entered into as of this 8th day of May, 2012 by and between the City of Morro Bay, a municipal corporation of the State of California, (hereinafter "City") and Van Beurden Investments, a partnership (hereinafter "Tenant") to amend that certain ground lease for Lease Site 78-81/78W-81 W dated November 24, 1992 (hereinafter "Lease"). WHEREAS, City has previously approved a $600 per month rent credit, effective January 1, 2007, when Tenant rents one building space of at least 400 square feet on the Site to a California licensed fish buyer or processor. Said rent credit shall be taken at the time Tenant submits annual percent of gross sales report and rent for the previous year in arrears. NOW THEREFORE, City and Tenant mutually agree to amend said Lease as follows: Section 13.06 Rent credit for renting building space to a fish buying or processing business shall be amended as follows: Tenant shall receive a $600 per month rent credit, effective July 1, 2012, when Tenant rents one building space of at least 400 square feet on the Site to a California licensed fish buyer or processor. Rent credit shall expire when Tenant no longer uses said space for a fish buyer/processor. Said rent credit shall be taken at the time Tenant pays said monthly rent. All other terms and conditions of the Lease shall remain in full force and effect. IN WTTNESS WHEREOF; the parties hereto hereby execute this Amendment. CITY OF MORRO BAY APPROVED AS TO FORM Robert Schultz, City Attorney ATTEST ® JanW Boucher, City Clerk Leon V Beurden Beur en Investments / Paul Van Beurden Van Beurden Investment William Van Beurden RESOLUTION NO. 18-12 STATEMENT OF CONTINUED OPPOSITION TO CREATION OF A NATIONAL MARINE SANCTUARY IN THE SAN LUIS OBISPO COUNTY COASTAL AREA, AND CONTINUED OPPOSITION TO EXPANSION OF THE MONTEREY BAY NATIONAL MARINE SANCTUARY INTO THE SAN LUIS OBISPO COUNTY COASTAL AREA THE CITY COUNCIL Cite of Morro Bav, California WHEREAS, the City of Morro Bay opposes development of offshore oil and supports protection of the abundant natural resources of the San Luis Obispo coast; and WHEREAS; the Monterrey Bay National Marine Sanctuary (MBNMS) has been created on the California Coast from Half Moon Bay to Cambria to stop any potential offshore oil development and to support natural resource protection through education, public participation and research; and NYFIEREAS, the MBNMS management plan update process identified expansion of the MBNMS boundary to the San Luis Obispo coast as a mid level priority for future consideration; and ® NYHEREAS, the MBNMS Sanctuary Advisory Council (SAC) requested MBNMS staff to support formation of a committee in San Luis Obispo County to study MBNMS expansion to this area; and WHEREAS, the City of Morro Bay supports the Alliance of Communities for Sustainable Fisheries and its recommendation for improving sanctuary program management through the management plan update process; which recommendations the City feels have not been adequately addressed in the sanctuary program overall; and WHEREAS, the City supports commercial fishing, commercial fishing facilities and the infrastructure needed for our traditional working harbor community; and WHEREAS, the National Marine Sanctuary program recently circulated a new fishing regulation coordination policy that clearly states the power of the sanctuary to regulate fishing; and WHEREAS, despite what promises are made not to regulate fishing. when sanctuaries are created or expanded, this policy will result in sanctuary's becoming another regulatory agent in the already well regulated area of fishing: and WHEREAS; National Marine Sanctuary programs and the commercial fishing industry have many common goals in education; pollution protection; opposition to offshore oil and creation of sustainable fishery; so that there is no reason why if managed with proper balance and sensitivity to traditional working harbor uses the sanctuary programs should not have positive working relationships with the commercial fishing industry and working harbor communities; and WHEREAS. the National Marine Sanctuary program has not developed a ® positive working relationship or the support of commercial fishing and the working harbor communities in its California sanctuaries at this time: and WHEREAS, the National Marine Sanctuary program does not permit the SAC to have anything other than an advisory role and controls the ability of the SAC to communicate with the public at large and with outside agencies: and WHEREAS, the National Marine Sanctuary Program, as currently authorized, does not provide for a mechanism for local control of sanctuary programs and the current organization of the SAC does not adequately meet the needs of local community direction to the program: and WHEREAS, the City of Morro Bay approved Resolution 27-01 on April 28, 2003 which opposed the creation of a National Marine Sanctuary in the San Luis Obispo County Coastal Area and opposed the expansion off the Monterey Bay National Marine Sanctuary in the San Luis Obispo County Coastal Area. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that because the National Marine Sanctuary Program has not adequately resolved conflicts and concerns of the commercial fishing industry and traditional working harbor uses and because the National Sanctuary Act does not currently allow for a sanctuary designation with true local control. the City of Morro Bay continues to ® oppose the formation of a National Marine Sanctuary and expansion of the Monterey Bay National Marine Sanctuary in the waters of the San Luis Obispo County coast. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 1 Oth day of April 2012, by the following vote: AYES: Borchard, Johnson, Leage. Smukler, fates NOES: None ABSENT: None ATTEST: JA&IE BOUCHER, City Clerk E ® RESOLUTION NO.17-12 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 NLIINTEN ANCE ASSESSIN1ENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) THE CITY COUNCIL Cite of nlorro Bav, 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 F 1-177): and ® WHEREAS, the Owners of the real property within the proposed district consented to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22608.2 et seq.), and are the only owners of property to be subject to assessments within the district: and WHEREAS, the Owners of real property within the proposed district offered in fee and in perpetuity, Lot 11 of Tract 2110, and the City has agreed to said Offer of Dedication; provided that the cost of maintenance of thereof is borne by an assessment district as required by the Conditions of Approval of the project; and WHEREAS, one hundred percent (100%) of the property owners approved formation of the District to assure conformance with the "Right to Vote on Taxes Act' (Proposition 218, California Constitution Act XIII, C & D). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay; 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.) E., ® Resolution No. 17-12 Paee 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 ,�vays 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 8, 2012 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10`h day of April; 2012 by the following vote: APES: Borchard, Johnson, Leage, Smukler NOES: fates ® ABSENT: None ATTEST: JanWBoucher, City Clerk l J J J,w�a, "i William Yates, Nlay r EXHIBIT 'A' ® CITY Of MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA - LEGEND �t LOT NUMBER �r3°' • y 1.10 'ACi _ 3# �0 = COUNTY ASSESSORS PARCEL NUMBER i Jh _ rC f 10. �p'� fir. _ 082 g 19 S 9 Sj I ^? 9. $ .a" NO AREA Cam' . ra —10 C IRACT 2110 ® RESOLUTION NO. 16-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNLk INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) THE CITY COUNCIL Ciry 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 10e) and Precise Plan (condition 2c) as required by City Ordinance: and ® WHEREAS, the Owners of the real property within the proposed district have consented in writing to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.), and are the only owners of property to be subject to assessments within the district: and WHEREAS, the Owners of real property within the proposed district have offered to dedicate in fee and in perpetuity, Lot 121 (Parcel 1) and Lot 122 of Tract 1996, and the City has agreed to accept said Offer of Dedication; provided that the cost of maintenance of thereof shall be bome by an assessment district as required by the Conditions of Approval of the project: and WHEREAS, one hundred percent (100%) of the property owners approved formation of the district to assure conformance with the "Right to Vote on Taxes Act' (Proposition 21 & California Constitution Act XIII C & D). that: NON, 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.) Resolution No. 16-12 Page') 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 Highways Code Section 22525 which are installed by the developer as a condition of approval of Tract 1996 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the Cloisters Project as approved by the City. 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 S. 2012 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 10 h day of April. 2012 by the following vote: AYES: Borchard, Johnson, Leage, Smukler NOES: Yates ABSENT: None ATTEST: JaBoucher, City Clerk n LJ William Yates, M vo F m » / / q � f � / \ w m S�,IS �_ \ ƒ / 4 < & � D §\ � » / § --Q `�� � J �J t\ ® RESOLUTION NO. I5-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA TO TAKE INIMEDATE STEPS TO KEEP MORRO STRAND STATE BEACH CAMPGROUND OPEN THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California State Park system includes 278 state parks; beaches, historic parks, recreation areas, and other park units; and WHEREAS, annuallv over 77 million visitors take advantage of the myriad low- cost opportunities for recreation, education, fitness and other outdoor pursuits in state parks; and WHEREAS, many of the state's most unique natural, cultural, and historic resources and artifacts are contained in the state park system; and WHEREAS, the City of Morro Bay relies on state parks for bringing California's history to life for schoolchildren, allowing families and friends to enjoy recreation and ® solace in nature, and protecting irreplaceable resources for future generations; and WHEREAS, California's economy is dependent on travel and tourism revenues, a large portion of which are derived from visitation to the state's unmatched state park system; and r 1 U WHEREAS, California's state parks generate over S4 billion in economic activity across the state while offering affordable vacation destinations for visitors and families: and WHEREAS, State Parks are an important economic engine to the City of Morro Bay, the County of San Luis Obispo and California in general, and studies have shown that every dollar invested in the state park system returns more, largely in the form of economic activity in our area; and WHEREAS, seventy state parks have been identified for closure as a direct result of the budget cuts proposed in Fiscal Year 2011-12 by Gov. Jerry Brown and adopted by the Legislature: and WHEREAS, one of the seventy state parks identified for closure is the Morro Strand State Beach Campground located within the City of Morro Bay and is a unique, historic, culturally important and iconic state park and is an irreplaceable resource for our residents. visitors. and students alike: and Pagel of ® WHEREAS, permanent closure of Morro Strand State Beach Campground will deny Californians access to lands and resources that belong to all of the states residents; and WHEREAS, permanent closure of Morro Strand State Beach Campground. will create considerable harm for the City of Morro Bay that relies on tourism from state parks for their community's livelihood and community identity; and WHEREAS, permanent closure of Morro Strand State Beach Campground will reduce revenues for local businesses and will result in overall losses in local fees and taxes, thereby eroding financial savings envisioned by the closure; and WHEREAS, permanent closure of Morro Strand State Beach Campground will undermine Morro Bay's travel and tourism industry and impact hotels; locally -owned bed and breakfast establishments; restaurants; retail shops; tour operations and many more businesses that rely on parks for visitation and economic activity; and WHEREAS, the permanent closure of Morro Strand State Beach Campground will cause an annual reduction of over 2.5 million dollars worth of economic activity in Morro Bay and diminish our day trip appeal for regional historic tourism; while at the same time requiring additional police resources to monitor safety around the area; and ® WHEREAS, the City Council has determined that it would benefit the City, the residents and businesses of the City if the Morro Strand State Beach Campground remains open and accessible to the public; and WHEREAS, the City Council finds that the continued operation of the Morro Strand State Beach Campground is in the public's interest, as it provides access to the ocean, and opportunities for interaction with nature; and WHEREAS, on February 14. 2012 the City Council met and considered the permanent closure of Morro Strand State Beach Campground and all Councilmembers were in total support of keeping the park open; and WHEREAS, on March 6 and 7 2012, during the City Council's Annual Goal Setting Work -shop, the Council declared keeping the Morro Strand State Beach Campground open their number one goal; and WHEREAS, pursuant to the provisions of Section 5080.30 et seq., of the California Public Resources Code, the State can enter into an operating agreement with a City for the operation of lands under its jurisdiction; and WHEREAS, the City of Morro Bay and the State of California have already entered into, and currently have; an operating agreement of the Morro Bay State Park ® Marina pursuant to the provisions of Section 5080.30 et seq., of the California Public Resources Code; and Page 2 of 3 ® WHEREAS, the City of Morro Bay desires to make certain that Morro Strand State Beach Campground remains open by taking all necessary steps and legal means available, including negotiating an agreement for the City of Morro Bay to provide for recreational development, operation; control; and maintenance of the Morro Strand State Beach Campground located within Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City hereby directs the City Manager to take all necessary steps and legal means available to make absolutely certain that the Morro Strand State Beach Campground remains open, including, but not limited to. authorizing the City Manager to negotiate an Agreement with the State of California for operation of the Morro Strand State Beach Campground, and also authorizes the City Manager to execute any further documentation in order to carry out the intent of this Resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of March, 2012 on the following vote: AYES: NOES: ABSENT: is ATTEST: 1J Borchard, Johnson, Leage, Smukler, and Yates None None — 9�w� J44TE BOUCHER, City Clerk Page 3 of 3 RESOLUTION NO. 14-12 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OFAIORRO BAY, CALIFORNIA AUTHORIZING THE FEDERAL FUNDING ]UNDER FTA SECTION 5317 (49 U.S.C. SECTION 5317) WITH CAL:IFORNLA DEPARTMENT OF TRANSPORTATION FOR THE CONIAMUNITY BUS PROGRAAI THE CITY COUNCIL City of Morro Bay, California WHEREAS, the U. S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital projects for non -urbanized public transportation systems under Section 5317 of the Federal Transit Act (FTA C 9045.1); and WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5317. grants for transportation projects for the individuals with disabilities; and WHEREAS, the City of Morro Bay desires to apply for said financial assistance to permit operation of a volunteer driver community bus program in Morro Bay; and WHEREAS; the City of Morro Bay has, to the maximum extent feasible; coordinated with other transportation providers and users in the region (including social service agencies). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California, that the Public Services Director, is hereby authorized to file and execute applications on behalf of the City of Morro Bay with the Department to aid in the financing of capital/operating ® assistance/mobility management projects pursuant to Section 5317 of the Federal Transit Act (FTA C 9045.1), as amended. NOR' THEREFORE, BE IT FURTHER RESOLVED that the Public Services Director is authorized to execute and file all certification of assurances. contracts or agreements or any other document required by the Department. NOW THEREFORE, BE IT FURTHER RESOLVED that Public Services Director is authorized to provide additional information as the Department may require in connection with the application for the Section 5317 projects. NOR' THEREFORE, BE IT FURTHER RESOLVED that Public Services Director is authorized to submit and approve request for reimbursement of funds from the Department for the Section 5317 projects. PASSED AND ADOPTED by the City Council of the City of Morro Bay. California at a regular meeting thereof held on the Lath day of March, 2012 on the following vote: AYES: Borchard, Johnson, NOES: None ABSENT: None ATTEST: JAINVE BOUCHER. City Clerk Leage, Smukler; Yates ® RESOLUTION NO. 13-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZATION FOR THE EXECUTION OF A MASTER AGREEMENT AND PROGRAM SUPPLEN1iENTS WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE -FUNDED TRANSIT PROJECTS THE CITY COUNCIL City of Morro Bay, California R'HEREAS, the City of Morro Bay may receive state funding from the California Department of Transportation (Department) now or sometime in the future for transit projects; and WHEREAS, substantial revisions were made to the programming and funding process for the transportation projects programmed in the State Transportation Improvement Program; by Chapter 622 (SB 45) of the Statutes of 1997; and R'HEREAS, the Traffic Congestion Relief Act of 2000 (the Act) was established by Chapters 91 (AB 2928) and 92 (SB 496), as amended by SB 1662, of the statutes of 200Q creating the Traffic Congestion Relief Program (TCRP); and WHEREAS, the statutes related to state -funded transit projects require a local or regional implementing agency to execute an agreement with the Department before it can be reimbursed for project expenditures; and ® WHEREAS, the Department utilizes Master Agreements for State -Funded Transit Projects, along with associated Program Supplements, for the purpose of administering and reimbursing state transit funds to local agencies; and WHEREAS, the City of Morro Bay wishes to delegate authorization to execute these agreements and any amendments thereto to the Public Services Director. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the fund recipient agrees to comply with all conditions and requirements set forth in this agreement and applicable statutes, regulations and guidelines for all state -funded transit projects. NOW THEREFORE, BE IT FURTHER RESOLVED that the Public Services Director be authorized to execute the Master Agreement and all Program Supplements for State -Funded Transit Projects and any Amendments thereto with the California Department of Transportation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of March, 2012 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, NOES: None ABSENT: None ATTEST: JAMIE BOUCHER, City Clerk Yates RESOLUTION NO. 12-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE 2011 MORRO BAY BICYCLE AND PEDESTRIAN MASTER PLAN THE CITY COUNCIL City of Morro Bay, California WHEREAS. the City's Bicvcle and Pedestrian Master Plan must be updated every five years to qualify for many bicycle and pedestrian grant funding programs; and WHEREAS, the current Bikeway Planning Study was adopted in 1997: and WHEREAS, the 2011 Bicycle and Pedestrian Master Plan provides goals and policies related to the development of bicycle and pedestrian programs and facilities and identifies projects and project areas; and WHEREAS. the Planning Commission conducted a public hearing on the draft Master Plan and recommended approval of the 2011 Morro Bay Bicycle and Pedestrian Master Plan to ® the City Council; and WHEREAS. the 2011 Morro Bay Bicycle and Pedestrian Master Plan meets the requirements set forth in the State of California Streets and Highway Code, Section 891.2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, adopts the 2011 Morro Bay Bicycle and Pedestrian Master Plan. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of February. 2012 on the following vote: AYES: Borchard, Johnson, Leage_. Smukler NOES: None ABSENT: None ATTEST: JA i BOUCHER. City Clerk I'' 1 L.--A Ynte- ® RESOLUTION NO.11-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE CITY DIANAGER TO BID AT THE U.S. GENERAL SERVICES ADMINISTRATION AUCTION ON CERTAIN REAL PROPERTY LOCATED AT 3300 PANORAMA DRIVE AUTHORIZING PAYMENT OF REQUIRED FEES AND DEPOSITS AND EXECUTION OF ALL NECESSARY DOCUMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the U.S. General Services Administration is the owner of certain real property (the Property) located at 3300 Panorama Drive, Morro Bay. California; comprising of approximately 10.06 acres; and 94 mile pipeline easement; and WHEREAS, the U.S. General Services Administration desires to dispose of the Property by an online public auction beginning on February 27, 2012 and continuing until a date determined by the U.S. General Services Administration; and ® WHEREAS, the Property at 3300 Panorama Drive; Morro Bay was designated for acquisition by the City Council in a Closed Session Meeting on February 14, 2012; and WHEREAS, if the City is the successful bidder the entire purchase price less any deposits previously paid by the City will be due within ninety (90) days of the auction and the City shall utilize funds from its cash investment portfolio to pay the full purchase price with the provision that such funds will be reimbursed through a long term financing mechanism. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Morro Bay. California that the City Manager or designee is hereby authorized to pay such refundable deposits and make decisions and render such performance as necessary to comply with U.S. General Services Administration auction rules. NOW, BE IT FURTHER RESOLVED; that the City Council hereby authorizes and directs the City Manager to bid at the U.S. General Services Administration auction to attempt to acquire the Property and to bid in an amount not to exceed the appraised value of the Property and as directed and authorized by the City Council in closed session. 11 ® PASSED AiN'D ADOPTED by the City Council. City of Morro Bay at a regular meeting thereof held on the 28'h day of February, 2012 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ABSTAIN': None ATTEST: J IE BOUCHER, City Clerk 11 11 RESOLUTION NO. 10-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVAL OF AMENDMENT #2 TO THE LEASE AGREEMENT FOR LEASE SITE 110-112/110W-112W AND 20' OF THE EASTERLY PORTION OF LEASE SITE 11L5W BETWEEN THE CITY OF MORRO BAY AND GAFCO INC., LOCATED AT 1185 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 City Tidelands leases and properties; and, WHEREAS, GAFCO Inc. is the lessee of said property; and, WHEREAS, GAFCO Inc. along with adjacent City Tidelands leaseholders proposed a major waterfront redevelopment project; and; ® WHEREAS, said redevelopment project was granted a Coastal Development Permit CUP #UPO 058 by the City of Mono Bay and the Coastal Commission; and, WHEREAS, the existing Lease provides that if Tenant completes the improvements pursuant to CUP #UPO 058, Tenant shall obtain an option to extend the Lease for an additional 20 years; and, WHEREAS, the Tenant is requesting an Amendment to the Lease to allow Tenant to complete the improvements pursuant to CUP #UPO 058 in two phases and obtain an extension of the Lease for 10 years upon the completion of Phase 1, and an additional 10 years upon completion of all other improvements pursuant to CUP #UPO 058; and WHEREAS, to encourage completion of this major redevelopment project, the City and GAFCO Inc. have agreed to the attached Amendment #2 to the Lease Agreement that will allow for the phasing and development of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay, California, that Amendment #2 to the Lease Agreement for Lease Site 110- 112/1 IOW-112W and the 20 easterly feet of 111.5W is hereby approved. 11 0 El BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14'h day of February 2012 on the following vote: AYES: Borchard, Johnson; Smukler, Yates NOES: ABSENT: ABSTAIN: Leage ATTEST: Qa-m�� JanjV Boucher, City Clerk ® AMENDMENT #2 TO LEASE AGREEMENT FOR LEASE SITE 11OW-112W This amendment is made and entered into as of this iN,�kday of J Y 2012 by and between the City of Morro Bay; a municipal corporation of the State of California (hereinafter "City') and George Leage. dba Great American Fish Company, (hereinafter "Tenant") to amend that certain lease agreement for Lease Site I IOW- 112W (hereinafter Lease) between City and Tenant dated July 1, 2005 and Amendment #1 dated December 1.3, 2011. Whereas, Tenant has been considering plans for lone -term improvements on the Lease Site; and, Whereas, the existing Lease terminates on June 30. 2025; and. Whereas, the existing Lease has language relating to Tenant completing improvements pursuant to CUP# UPO 058 to obtain an option to extend the Lease for an additional 20 years; and, Whereas; the Tenant is requesting an amendment to allow Tenant to complete the improvements pursuant to CUP# UPO 058 in two phase and obtain an extension of the Lease for 10 years upon the completion of Phase 1, and an additional 10 years upon completion of all other improvements pursuant to CUP# UPO 058; and Whereas, due to planning and permitting complexities, it is in the City's and Tenant's best interests to allow for the phasing of improvements; and, ® Whereas, City and Tenant have agreed to an amendment of the lease agreement in order to allow for the phasing of improvements on the Lease Sites NOW THEREFORE, City and Tenant mutually agree to amend said Lease as follows: Section 13.01 — Option to Extend Lease for Twentv Years: Delete Existing Language and replace with the following: Section 13.01 Option to Extend Lease for Twenh, Years: TENANT has submitted plans to renovate the improvements on the Premises as outlined in CUP application 4UP0-058. CITY and TENANIT agree that TENANT will have an option to extend this Lease for two (2) - ten (10) year periods beyond the termination date of June 20, 2025, if Tenant completes certain improvements as outlined below pursuant to CUP application 4UP0- 058. If TENANT completes the following renovations and repairs to the Lease site (Phase 1), valued at a minimum of $143,000, in accordance with the following timeframe, then Tenant shall have the option to extend the lease for and additional ten (10) years (extension until June 30, 2035): Demolition and Reconstruction of the two bathrooms December 31, 2012 Construction and installation of new floating dock and gangway March 31. 2013 ® Installation of new heating and air conditioning system May 31, 2013 Page I oft Amendment 42: Lease Site ]IOW-112W Page 2 TENANT must notify CITY in writing of their intent to proceed with said Phase 1 option prior to June 30, 2013. Said Phase 1 ten (10) year extension option must be approved by the City Council through an amendment to this Lease. If Tenant completes the above reference improvements (Phase 1) and then completes the remaining renovations repairs and improvements as outlined in CUP application #UPO-058, including but limited to, the construction of the fish market and public view deck (Phase 2), prior to July 1, 2014, then Tenant shall have the option to extend the Lease for an additional ten (10) years until June 30, 2045. TENANT must notify CITY in writing of their intent to proceed with said Phase 2 option prior to September 30, 2014. Said Phase 2 ten (10) year extension option must be approved by the City Council through an amendment to this Lease. 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 — George ATTEST: kaott� Jamieoucher, City Clerk Page 2 of 2 RESOLUTION NO: 09-12 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 94) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Legislature and Governor of the State of California have provided 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); 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 require all award recipients commit to threshold requirements; WHEREAS, said procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicant's 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 that the City of Morro Bay, California, 1. Approves the filing of an application for the General Plan/Local Coastal Plan update including a Climate Action Plan in order to become a more sustainable community; and 2. Certifies that applicant will have sufficient funds to develop the Proposal or will secure the resources to do so; and 3. Certifies that the Proposal will comply with any applicable laws and regulations including being consistent with the State's Planning Priorities identified in Government Code section 65041.1 and summarized below: a. Promote infill development and invest in existing communities b. Protect, preserve and enhance agricultural land and natural resources; and C. Encourage location and resource efficient new development; and 4. Certifies that threshold requirements outlined in the guidelines, including consideration of Ocean Protection Council Sea Level Rise Guidance will be met; and 5. Agrees to reduce, on as permanent a basis as feasible, greenhouse gas emissions consistent with ® California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 3850) of the Health and Safety Code); any applicable regional plan; and Resolution No. 09-12 ® 6. Agrees to meet the Collaboration Requirements of the focus area applicable to the Proposal; and includes all required documents in the application package; and 7. 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). PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24`h day of January, 2012 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ® ATTEST Aon " YXMIE BOUCHER, City Clerk 11 ® RESOLUTION NO.08-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 2011 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 2012 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code, calls for the City Council of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the Public Services Director after review by the City of Morro Bay Planning Commission and Public Works Advisory Board; and WHEREAS, the Local Coastal Program Land Use Plan and Ordinance Number 266, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed within that limit; and ® WHEREAS, on the twenty-fourth day of January, 2012, the City Council did hold a duly noticed Public Hearing on the 2011 Annual Water Progress Report and the proposed 2012 Water Allocation Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: A. The City Council of the City of Morro Bay hereby receives and accepts the 2011 Annual Progress Water Report as submitted by Public Services Director, as incorporated herein as if attached hereto: and B. A Water Allocation Program for the year 2012 is hereby adopted by the City Council of the City of Morro Bay containing the following elements: 1. Allocate the mix of residential units to 60 percent single-family and 40 percent multi -family units; and authorize the corresponding water equivalency allocation for residential uses at 50 weu's (water equivalency units, or weu's, are currently used for tracking project water usage). 2. Process Residential Allocations limits on a first -come/ first -serve basis, based on the priorities contained in the current General Plan and Local Coastal Plan policies. Unused multiple family residential weu's may be rolled over to single family dwellings after September 30, 2012; ® 3. Authorize allocation of 130% of the residential water equivalency units to commercial and industrial projects, within the priority categories consistent with the current Local Coastal Plan and General Plan policies: 2011 Annual Water Progress Report & Residential Allocation for 2012 Page 2 r�1 I 4. The potential for rolling over unused water allocations to next year is not precluded by this action. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 24th day of January, 2012 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: y��y J E BOUCHER, City Clerk 11 ® RESOLUTION NO. 07-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CALLING A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 2012 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, .TUNE 5, 2012; 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 5, 2012 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 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 5, 2012, 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. 11 ® Resolution No. 07-12 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 b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 24 day of January 2012 following vote: 0 AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: Vvnti,c��dh/�— JXKIFE BOUCHER, City Clerk u ® RESOLUTION NO.06-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING THE 2011/12 MID -YEAR 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 July 12, 2011 by Resolution No. 49-11: 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 Morro Bay are amended by additional revenues and expenditures 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 24t' day of January 2012, by the following vote: AYES: Borchard, Johnson, Smukler NOES: Leage, Yates ABSENT: None ATTEST: J IE BOUCHER, City Clerk �Ijl � 0 § ° \ ƒ \ } ! ) ) § \ a $ m . FT /((co @ 2 a(§ ( 7 m ) } \ W W W W W W W W W. W .. c m a a a o 0 a o 0 0 0 0 0 0 0 0 0 o a •o - y < 3 O '^ �^ •-�', z n n —_ y y •n v v v= c y �i n — Q N-= n Q •,j N^ O q L O O O T] N n N Ma n n °n 3 ��- n n' e<! o ° o o' 3 3 O y H_ r c is n •? � u—c c$$ 3 n> j m ,N, ro a� i c N �. 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E C E a n a o Q � m 6 �l �l o �- E S N P w p .v C n m S g S ry N P 0 0 0 O O � P Im�l b sssss $ so ry m � ro. ry w Pb P N O� P 01 p � FI P w N �O S S S g 0 K b N N S m o g S « � n .. h o easel; » gg 0 0 0 0 0 0 0 o s S o 0 o S o p S V po S V N N N 0 O� m 0 P m 0 P m O O O C R q E V U 2 ~ C w TM n w 3 E o W F m Z m Z e$ n ? n C W g O a d p W C yy 1 0 3333 01 t P r a N m r a a m m E ti w w w� w w w E Y G G t p Y L Q 0 L O C w P P V1 pp b b P P P P b b rl A TO: Mayor Yates and City Council Members FROM: District Transaction Tax (Q) Oversight Committee . DATE: January 10, 2012 RE: Fiscal Year 2010/2011 Review In the fiscal year ending June 30, 2011 the District Transaction Tax Fund (Q) received $769,000 in revenue from taxes, interest and investment gains. Expenditures and transfers were $692,000, Revenue exceeded budget by $69,000 and expenditures and transfers were $292,000 less than budget. The ending fund balance as of June 30, 2011 was $1,073,000. We have attached the Fund balance sheet, income statement and carryover report for your information. The numbers that are the most interesting are in the lower right corner of the carry over report. On December 7`s the Oversight Committee held a public meeting at the Community Center and reviewed all of the transactions in and out of the fund. Below is a narrative that addresses our findings. Police Department--- in addition to servicing the internal debt for vehicles, the Police Department used their allocated funds to purchase communication equipment. Fire Department--- used their Transactions Tax (Q) allotment for salary and benefits of one full time firefighter/paramedic and added additional reserve hours and overtime hours to achieve a goal of having four firefighters on each shift. The Fire Department also spent $35,000 for advanced life support equipment - Recommendations --- in the fiscal year 2009/10 the Fire Department budgeted $191,000 for staff. They spent approximately $165,000 leaving a carryover balance of $26,000. The Committee feels that the City should follow the same policy that is currently in place in the other City funds to not allow carry over of unspent personnel costs (wages, benefits etc) and therefore this $26,000 carryover should be transferred to "unallocated' and re -budgeted in the next fiscal year. This is the second year that the amount budgeted was greater than the actual expenditure. The City Council should consider putting in place a mechanism so unused personnel costs are automatically transferred to "unallocated" carry over. Streets --The Street Department spent $54,000 on street improvements primarily in North Morro Bay. This amount was substantially less than the budgeted amount. Attached is a report that was prepared by the Public Services Department that shows in detail the streets that will be improved this spring. Recommendations ---Between the amounts of money that has been carried over from prior years plus this years budget the Street Department has a substantial amount to spend between now and June 30's. The Committee hopes that the City Council would encourage the staff to 11 C 11 move forward with the planned street improvements to ensure that they are completed this spring. Storm Drains ---- The only Storm Drain expense for the year was $20,000 for a Regional Water Board mandated supplemental plan to the Storm Water Management Plan. This expenditure represented only 16% of the amount budgeted. Recommendations ---As was documented in the 2011/12 budget, the required storm drain upgrades are going to cost millions and take years to complete. The Committee recommends that the City Council during the next budget cycle discuss in more detail the staffs plans for implementing a construction schedule along with some ideas of funding sources in addition to Measure Q. General Discussion The staff should be complemented for keeping the spirit of the voter's intentions in mind when they proposed their 2010/11 Measure Q funding requests. This is the first year that we have not recommended that certain expenditures be reversed. As we noted in last year's report the Measure Q Fund is still accumulating money. The Committee would like the City Council to continue to encourage the staff to spend the money so the residents can see the benefit of the extra tax dollars they are providing the City. Respectively submitted, Homer Alexander Dan Glesmann Mic a4EDurfii ;MIA �. �. • . Elaine Giannini c: Andrea Lueker, Chiefs Olivas and Pond; Directors Livick, Slayton and Woods MORRO BAY 2012 PAVEMENT MANAGEMENT STREETS SLURRY STREETS CAPE STREETS RECONSTRUCTIONS rc x-'�• . a " i. -..� �= Peregrine to End to Piney -Ma1n - DaI Kern to Cabrillo ;. Quintana Place g Balbpa- Laloma to Butte Hafbpf = Piney to MB Blvd Estero 1'�—:- Piney to Olive y� �ESt�erp 2 Olive to Pacific �. MB Blvd to Luisita ].'+t Bernardo ,F h- ? F Center - End to Piney Fresno 2= Olive to Pacific 3 Embarcadero; Power Plant to Beach Las Tunas,`; Butte to Laloma 3 ; %u� Fresnp"-1 Luisita to Olive i Manna 1 - Madera to Kem �r �y ICenlyl aT Main to Pecho Manna 2 Kern to Piney 6 y ; `Marengo , Allesandro to Laloma 'ram MpRph V Beach to Surf -` Pine to Main 5 Olrve_ Y Oakes Shasta to Main '�itfL t SIeRa,, End to Piney tY16 PeCfiO Kings to Kern _ �W Quintana 3 MB Blvd to Main kQ; E a RtdgewaY,2 Arbutus to Piney Morro to Surf fiSodtW Monterey to Main 11 fPr 0 O O V V W 03 0 � � o 0 0 o o c D T (1 O co 111 C)�` O Vl ri N O T j d O G a j nn C O T N W N -el (D M C D m o °m °o c m G (D m n m cC 3D 0, (/1 W n < r (D o Ln � , � n da T o 3N c O Ln T� W y00 C m C ID C _ D 0 pj W y n. 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O W W p N N W O� O N O O p lr O l.n O O O N lfl co In O W ? W N O O O O O o O p F+ F-` 0 0 F-` V r N O O V t0 O O O v 0 p 0 0 N NOO ? OO... 0) 000 O OO wp O) r 0� t�D + % c o po ko o + o 0 0 0 0+ o tDD w w . w N O N Qt w N 1pit N 0 0 0 O + N + + + In o V O + o + ? + + tf+ D W co l ID �D w V W ON 0 W (D r T loll O F~-' OOi + + + + + + + + + + + + + + m l0 W tD O W In O n H to -C�O OHO V O Ln O O O O) O In O lP o o o W O n i Y 3 o n Ln Q to � ai W fi O fl) X 7 n C CL (D' O c o D O C 7 � �A V• A S O O iY (D O S d O lY D = � O O r to r P'p Carryover Report ITY OF MORRO BAY 4STRICT TRANSACTION TAX FUND (Q) E OF DEPARTMENTAL CARRYOVER (from Audits and Budgets) CHEDUL 2011/12 2006107 2007/08 2008/09 2009/10 2010/11 BUDGET TOTAL /2 cent sales tax $ 66,000.00 $ 831,804.88 $ 813,733.89 g Merest 556.00 12,543.00 12,859.00 tier - - 115,0D0.D0 711,273.05 $ 758,824.78 15,235.00 9,456.00 - (15,000.00) 738,000.00 $ 3,500.00 183,158.00 3,919,63� 54,14 283,158.00 Total revenues i idgets by dept: Fire Fire - staff Fire - construction Streets Storm drain Police Police - SRO City-wide communications Public safety Total budgets jcpenditures by dept: Are Are - staff Fire - construction Streets Stone drain Police Police - SRO City-wide communications Public safety Start up cost Total expenditures 5 66,556.00 $ 844,347.88 $ 941,592.89 $ 726,508.05 $ 753,280.78 924,658.00 $ 4,256,943.60 $ - $ 390,000.00 $ 375,000.00 $ - $ - - $ 765,000.00 _ - - 191,121.00 191,121.00 i87,884.D0 570,126.00 _ - - 168,000.00 168,000.00 98,937.00 434,937.00 - 97,500.00 100,000.00 275,000.00 265,196.00 556,158.00 1,293,854.00 - 97,500.00 100,600.00 150,000.00 125,000.00 204,000.00 677,100.00 - 50,D00.00 64,700.00 35,000.D0 19,000.00 168,7DO.00 _ _ - _ - 23,000.00 23,000.00 _ _ _ - 83,300.00 83,300.00 - 65,000.00 37,400.00 43,250.00 43,257.00 28,831.D0 217,738.00 $ - $ 650,000.00 $ 663,000.00 $ 892,071.00 S 827,574.00 1,201,110.00 $ 4,233,755.00 $ - $ 439,118.01 $ 284,583.09 $ 10,151.93 $ 39,335.63 - $ 773,188.66 - - 149,184.93 164,810.91 - 313,995.84 - _ - - 336,000.00 - 336,000.00 - 95,923.45 8,360.97 135,517.38 53,870.86 - 293,672.66 - 6,510.21 56,648.92 121,058.50 20,549.88 - 204,767.51 - 104,184.44 41,396.18 11,839.83 - 157,420.45 - 65,238.99 17,354.24 - 40,479.20 41,710.62 $ 17,354.24 $ 606,790.66 $ 453,777.42 $ 497,788.12 $ 668,117.73 Remaining funds for dept carryover: Are $ Fire - staff Are - construction Streets Storm drain Police Police - SRO City-wide communications Public safety 147,428.81 17,3 $ 2,243,828.17 $ $ $ $ $ 187,884.00 187,984.00 - (49,118.01) 90,416.91 199F784.14 (181,025.54) 98,937.00 158,994.50 - 1,576.55 91,639.03 139,482.62 211,325.14 556,158.00 1,000,181.34 - 90,989.79 43,951.08 28,941.50 104,450.12 204,000.00 472,332.49 - - (54,184.44) 23,303.82 23,160.17 19,000.00 11,279.55 - _ - _ - 23,000.00 23,000.00 - - - 83,300.00 83,300.00 - (238.99) 37,400.00 2,770.80 1,546.38 28,831.00 70,309.19 Total carryover $ - $ 43,209.34 $ 209,222.58 $ 394,282.88 $ 159,456.27 1,201,110.00 $! 2j007 2TM Cash as of June 30, 2011 1,965,809.96 Unallocated cash 3-.(41,4ZSti11; NOTE: in 2007/08, the Police Departments division was authorized to purchase replacement vehicles. However, they traded in vehicles that had not reached their full depreciation level. The division was charged $19,300 for disposal of those vehicles. With the 2011/12 budget, Council granted the Fire -staff carryover to be dedicated to the construction of the building it 0 RESOLUTION NO.05-12 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 funds Program of Projects (POP); and WHEREAS, SLOCOG began the Rural Transit Fund (RTF) program with Resolution 02- 16 on December 5, 2002 by programming FTA Section 5311 funds to the 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 Transportation Development Act (TDA) funds for use in the RTF program; and WHEREAS, SLOCOG, RTA, and other rural transit operators worked together to develop aprocess to exchange FTA Section 5311 formula funds with TDA funds to create the RTF, including Policies and Procedures to govern the RTF program; and ® WHEREAS, the Policies and Procedures developed ensure that all funds will be used solely for rural transit projects consistent with the original intent of the FTA Section 5311 program; and WHEREAS, there is $520,000 available for competitive distribution with project applications for the 2012/2013 RTF cycle due February 3, 2012. 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: Triennial Performance Audit and purchase of a vehicle for the Community Bus program. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24 s day of January, 2012 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None William Yates, ATTEST: ® �6ZL- J e Boucher, City Clerk 0 RESOLUTION NO. 04-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 87-88/87W-88W, LOCATED AT 833 EMBARCADERO, BETWEEN VIOLET LEAGE AND BARRY LAMBERT, DOING BUSINESS AS THE CANNERY RESTAURANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 87-88/87W-88W located at 833 Embarcadero; and. WHEREAS, Violet Leage is the lessee of said property; and, WHEREAS, Violet Leage has requested approval of a sublease agreement for the restaurant portion of Lease Site 87-88/87W-88W with Barry Lambert, doing business as The Cannery Restaurant; and, ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the sublease agreement for the restaurant portion of Lease Site 87-88/87W- 88W between Violet Leage and Barry Lambert, doing business as The Cannery Restaurant, is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Consent to Sublease agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10th day of January 2012 on the following vote: AYES: Borchard, Johnson, Smukler, Yates NOES: ABSENT: ABSTAIN: Leage ATTEST: ® Jam`ie Boucher, City Clerk ® CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGR�EMENT is entered into this js� day of Lere*)6u golf ,byandbetween 'V'cLE �6 hereinafter referred to as TENANT, and r2)4iiV Lam dba, i(&E. CA-"VV6'V4 Q hereinafter referred to as SUBTENANT and approved by the City of Mdfro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on i >' f I1 D and; WHEREAS, TENANT desires to sublease a portion of the premises to SUBTENANT, and: WHEREAS, the Master Lease requires CITY consent of any sublease in the following form of agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay to City all of the sums required of TENANT and any sums due by reason of SUBTENANT's activities under the terms of the Master Lease dated `f j I I '10 hereinafter known as "Master Lease". In the event TENANT fails tb make such payment, SUBTENANT ® agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: J (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due to CITY. 2. SUBTENANT acknowledges receipt of a complete copy of the Master Lease and all amendments thereto and specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, as it pertains to the portion of the site they are leasing, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease, as it pertains to the portion of the site they are leasing, shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. Page I of 3 3. The term of the sublease attached as Exhibit A shall be years commencing upon execution of said lease provided, however, that the term of the sublease shall not in any event exceed the terms'of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency, including but not limited to those items listed in Exhibit B attached hereto and incorporated herein, shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. The proposed use by SUBTENANT is as follows: G,. L C.11,1c it hF_ � &QJ Avg fa 4f>r 41(£- 6ne,14 Percentage of Gross Rental Applicable to Permitted Use: Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use subject to those penalties set forth in the Master Lease. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. 6. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 7. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees too submit such documents as part of the CITY's consideration of the consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 8. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Page 2 of 3 Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. 9. SUBTENANT and.TENANT agree to indemnify and save CITY free and harmless from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 10. This Agreement cannot be modified except by a written document mutually approved by the parties hereto. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 11. To the extent that the terms of the proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. . E TENANT: SUBTENANT: G CITY OF MORRO BAY: 40 Page 3 of 3 0 EXHIBIT "B" CONSENT TO SUBLEASE AGREEMENT At a minimum, certain books and records shall be kept by Lessee and Sublessee such as: 1. Pre -numbered and dated guest checks; 2. Pre -numbered sales invoices or daily cash register tapes; 3. Bank Statements; 4. Sales Tax Returns; 5. Sales Journals; 6. Cash Disbursement Journals; and 7. General Ledger Commercial Net Lease for Part of Building 1. Names. This lease is made by _�_ Ua .Landlord, and enant. Z. Premises Being Leased. Landlord is leasing to ing premises: Specifically, Tenant is leasing and Tenant is leasing from Landlord a portion of the follow- �([ Part of Building Only. Specifically, Tenant is leasing the � �(i i_W t of the building. Shared Facilities. As part of this lease, Tenant and Tenant's employees and customers may use the following ad- ditional facilities in common with other tenants, employees, and customers: [ ] Parking spaces: [ ] Restroom facilities: [ ] Storage areas: [ ] Hallways, stairways, and elevators: [ ] Conference rooms: [ ] Other: 3. Term of Lease. This lease begins on D2C k t 2 D [ t and ends on Morck-2o i } 4. Rent. Tenant will pay rent in advance on the day of each month. Tenant's first rent payment will be on ® 'ram S'"' in the amount of S S SC_D Tenant will pay rent of S �F:ICU per month thereafter. Tenant will pay this rental amount for the entire term of the lease. [ ] Rent will increase each year, on the anniversary of the starting date in paragraph 3, as follows: 5. Option to Extend Lease [ ] First Option. Landlord grants Tenant the option to extend this lease for an additional years. To exercise this option, Tenant must give Landlord written notice on or before Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: [ ] Second Option. If Tenant exercises the option granted above. Tenant will then have the option to extend this lease for years beyond the first option period. To exercise this option. Tenant must give Landlord written notice on or before . Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: 6. Security Deposit. Tenant has deposited SLDO with Landlord as security for Tenant's performance _L of this lease. Land- lord will refund the full security deposit to Tenant within 14 days following the end of the lease if Tenant returns the premises to Landlord in good condition (except for reasonable Hear and tear) and Tenant has paid ® Landlord all sums due under this lease. Otherwise, Landlord may deduct an), amounts required to place the premises in good condition and to pay for any money owed to Landlord under the lease. LL318P Cmmm W NM Lem 10-0b1 bnolo F =.. www.nolo.com Improvements by Landlord [ ] Before the lease term begins, Landlord (at Landlord's expense) will make the repairs and improvements listed in Attachment i to this contract. Tenant accepts the premises in `as is" condition. Landlord need not provide any repairs or improvements before the lease terns begins. 8. Improvements by Tenant. Tenant may make alterations and improvements to the premises after obtaining the Landlord's written consent. At any time before this lease ends, Tenant may remove any of Tenant's alterations and improvements, as long as Tenant repairs any damage caused by attaching the items to or removing them from the premises; 9 Tenant's Use of Premises. Tenant will use the premises for the following business purposes: Tenant may also use the premises for purposes reasonably related to the main use. 10. Landlord's Representations. Landlord represents that: A. At the beginning of the lease term, the premises will be properly zoned for Tenant's stated use and will be in com- pliance with all applicable laws and regulations. B. The premises have not been used for the storage or disposal of any toxic or hazardous substance, and Landlord has received no notice from any governmental authority concerning removal of any toxic or hazardous substance from the property. 11. Utilities and Services A. Separately Metered Utilities. Tenant will pay for the following utilities and services that are separately metered or billed to Tenant: '[y] Water [K] Electricity [-y] Gas bt] Heating Oil [X] Trash collection [i ] Other: B. Other Utilities. metered to Tenant: [' ] Water Tenant will pay l % of the following utilities and services that are not separately [ ] Electricity [ ] Gas [' ] Heating Oil [, ] Trash collection [', ] Other: Tenant will pay for these utilities in monthly installments on or before the day of each month, in advance, in an amount estimated by Landlord. Every months, Landlord will give Tenant copies of the bills sent to Land- lord. If Tenant's share of the actual costs for utilities and services exceeds the amount paid in advance by Tenant, Ten- ant will pay Landlord the difference within 30 days. If Tenant has paid more than Tenant's share of the actual costs, Tenant will receive a credit for the overage, which will be applied to reduce the next installments due from Tenant. 12. Maintenance and Repair of Common Areas. Landlord will maintain and make all necessary repairs to the com- mon areas of the building and adjacent premises and keep these areas safe and free of trash. This includes: (] On -site parking areas [ ] Off -site parking areas [ ] Restroom facilities [) Storage areas ® ( ] Hallways, stairways, and elevators [) Conference rooms (] Sidewalks and driveways [) Other: Tenant will pay Landlord V % of the cost of such maintenance and repairs. Tenant will pay these amounts in monthly installments on, or before the day of each month, in advance, in an amount estimated by Landlord. Within 90 days after the end of each lease year, Landlord will give Tenant a statement of the actual amount of Tenant's share of such costs for such period. If Tenant's share of the actual costs exceeds the amount paid in advance by Tenant, Tenant will pay Landlord the difference within 30 days. If Tenant has paid more than Tenant's share of the actual costs, Tenant will receive a credit for the overage, which will be applied to reduce the next installments due from Tenant. 13. i•4aintenance and Repair of Leased Premises. Landlord will maintain and make all necessary repairs to the fol- lowing parts of thebuilding in which the leased premises are located: [ ] Roof [ ] Foundation and structural components [ ] Exterior walls (] Interior common walls [) Exterior doors and windows [ ] Plumbing system [ ] Sewage disposal system [ ] Electrical system [ ] Heating, ventilating, and air-conditioning systems [ ] Sprinkler system [ ] Other: Tenant will maintain and repair the leased premises and keep the leased premises in good repair except for those items specified above as being Landlord's responsibility. 14.Insurance A. Landlord will carry fire and extended coverage insurance on the building. Tenant will pay Tenant's proponionate share (KQ%) of such insurance within ten days after receiving a statement from Landlord as to the cost. B. Tenant will carry, public liability insurance, which will include Landlord as a parry insured. The public liability coverage for personal injury will be in at least the following amounts: `S per occurrence. S in any one year. C. Landlord and Tenant release each other from any liability to the other for any property loss, property damage, or personal injury to the extent covered by insurance carried by the parry suffering the loss, damage, or injury. D. Tenant will give Landlord a copy of all insurance policies that this lease requires Tenant to obtain. 15. Taxes A. Tenant will pay ^� % of all taxes and assessments that may be levied or assessed against the building and the land for the period of the lease. Tenant will pay these taxes and assessments in monthly installments on or before the 40 ri day of each month, in advance, in an amount estimated by Landlord. Landlord will give Tenant copies of the tax bills and assessments as Landlord receives them. If Tenant's share of the actual taxes and assessments exceeds the amount paid in advance by Tenant, Tenant will pay Landlord the difference within 30 days. If Tenant has paid more than Tenant's share of the actual taxes and assessment. Tenant will receive a credit for the overage, which will be ap- LF21 BP Cary. ,6,1 Nel lea. 10-08'_ Plied to reduce the next installments due from Tenant. Taxes and assessments to be aid b a due date basis and will be assumed to cover a period of one year from the due date. B. Tenon[ will pay all personal property taxes levied and assessed againstP Y Tenant will be prorated 16. Subletting and Assignment. Tenant will not assign this lease or sublet any papa persona] property. rt of the premises without the wit ten consent of Landlory withh 17, Damage to Premises d. Landlord will not unreasonably such consent. A. If the premises are damaged through fire or other cause not the fault of Tenant, Tenant will owe no rent for Period during which Tenant is substantially deprived of the us B. If Tenant is substantially deprived of the use of the premises for more than 90'days because of such damage.any e of the premises. ant may terminate this lease by delivering written notice of termination to Landlord. 18. Notice of Default. Before starting a legal action to recover teTen- Landlord will notify Tenant in writing Possession of the premises based on Tenant's default, ord will take le� the default within ten days after written notice is 19.1 s given or t. Lanmailled to Tenant. cal action only if Tenant does not correct Quiet Enjoyment As lohg as Tenant is Occupy the prenot in default under the terms of this lease, Tenant will have the right t mises peacefully and without interference. This l 20.'Eminent Domain. o ease will become void if any part of the leased premises or the building in which the leased premises are located are taken b i money that the agency taking the ken Premises eminent e dnentdomain Tenant has the right u receive and keep any amount of us ness, and for moving and relocation expenses. Pays for the value of Tenant's lease, its loss of busi- 21. Holding Over. If Tenant remains in month. possession after this lease ends, the continuing tenancy will be from mont� 22. Disputes [ ] Litigation. If a dispute arises, either party may take the matter to court. � ]Mediation and Possible Litigation. If, dispute arises, the parties will try, in good faith to settle it through wort conducted by _ [ ] g media- [ ] a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each a and will attempt to reach a mutually party Will cooperate full days after it is referred to the mediator, teithero a Compromise to the dispute. Y and fairly with the mediator may P If the dispute is not resolved within 30 O Mediation and Possible Arbitration If a dispute arises, theke matter to court. tron conducted by parties will try in good faith to settle it through (1 --------------------------------- media- [ ] a mediator to be mutually selected. The parties will share the costs of the and will the [o reach a mediator equally. Each party will mutually satisfactory compromise to tcooperate full he dispute. If the dispute and is not irlythhe media it will Or days after it is referred to the mediator, be arbitrated by resolved , []Within [ ] an arbitrator to be mutually selected. Judgmenrlon the arbitration award may be entered in an tion, including lawyers' fees, will be allocated by the arbitra to that has jurisdiction over the r. Costs of a, ra- Landlord need not participate in mediation or arbitration of a dispute unless Tenant has paid the rent called for b'tthi lease or has placed any unpaid rent in escrow with an agreed upon mediator or arbitrator. Y s 22. Additional Agreements. Landlord and Tenant additionailv aeree that: 23. Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. 24. Successors and Assignees. This lease binds and benefits the heirs, successors, and assignees of the parties. 25. Notices. All notices must be in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered: (1) in person (2) by certified mail, or (3) by overnight courier. 2 ,Governing Law. This lease will be governed by and construed in accordance with the laws of the state of 27. Counterparts. The parties may sign several identical counterparts of this lease. Any fully signed counterpart shall be treated as an original. 28. Modification. This lease may be modified only by a writing signed by the part against whom such modification is sought to be enforced. 29. Waiver. If one party waives any term or provision of this lease at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this lease, that party retains the right to enforce that term or provision at later time. 30. Severabilih. If any court determines that any provision of this lease is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this lease invalid or unen- forceable, and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable. Dated: LANDLORD TENANT (� Name of BusinessC Name of Business: at at (VA 1 3 4yZ-. I mhcL�Cct � � By: By: Printed Name:} Printed Name: L\ be Title: C Title:'`P-ko an Address: �. �X ; x Addresp San k'\S-N (7_ s� CCk f3yp:�� [] GUARANTOR $y signing this pease, I personally guarantee the performance of all financial obligations of Can jj�_ t � _ under this lease. ated: 2 ' [ (I Printed Name: L` w A I' }� 1 Title: Address:�j� �4yz LF_ 18P Canmercul ties tease 1 "8-3 ® RESOLUTION NO.03-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPOINTING JAMIE BOUCHER AS CITY CLERK FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, by the California Government Code and Articles of Municipal Incorporation, the Morro Bay City Council is empowered with the duty to appoint a City Clerk; and WHEREAS, on May 10, 1993 by Resolution No. 32-93, the Morro Bay City Council appointed Bridgett M. Davis (Kessling) to be City Clerk; and WHEREAS, Jamie Boucher was appointed Deputy City Clerk on July 16, 2009, and has been performing some duties of the City Clerk since that time; and WHEREAS, it has been determined that Jamie L. Boucher possesses the necessary training and skills to be an effective City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby appoint Jamie Boucher as City Clerk for the City of Morro Bay, California, effective January 1, 2012. BE IT FURTHER RESOLVED that Bridgett M. Kessling is released of her responsibilities as City Clerk of the City of Morro Bay, California, with a vote of appreciation, effective December 30, 2011. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10'h day of January, 2012 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: WILLIAM YA ATTEST: ® JA ITE BOUCHER, City Clerk 6 RESOLUTION NO.02-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING THE HARTFORD DEFERRED COMPENSATION PLAN FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, on September 14, 1981. the City Council adopted Resolution No. 87-81, which authorized participation in the City of Morro Bay Deferred Compensation Plan with The Hartford to provide the employees of the City with the opportunity -to defer a portion of their compensation in an investment account until retirement, death, severance from employment or other event, that permanently separates the employee from active service with the City, occurs; and WHEREAS, the City Council does hereby declare the intention of the City to continue the Plan, but reserves the right to terminate or amend the Plan at any time; and WHEREAS, the members of the City Council authorize the City Manager, or designee, to execute such documents as are necessary or desirable as required under the Plan to make the Plan fully ® effective in accordance with its terms and intent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay Deferred Compensation Plan with The Hartford, attached hereto, is adopted, and that the City Manager, or designee, is hereby authorized to execute any and all necessary documents related to the Plan on behalf of the City Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay, on the 10'" day of January, 2012, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: WILLIAM YATES, Mayor J BOUCHER, City Clerk 11 CITY OF MORRO BAY DEFERRED COMPENSATION PLAN Effective Date of This Document December 1, 2011 Neither The Hartford nor any of its employees can provide legal or tax advice in connection with the execution of this specimen document. Prior to execution of this document, you should consult with your legal or tax advisor on whether this document is appropriate for your plan. GN - 020025 GPLANLVL — CORRSPND Specimen 457(b) Plan Document Deferred Compensation Plan Ver 102011 TABLE OF CONTENTS PREAMBLE..................................................... SECTION I DEFINITIONS 1.1 Plan Definitions SECTION II PARTICIPATION AND CONTRIBUTIONS 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 G7 Eligibility.......................................................................................................................a Election..........................................................................................................................6 Commencement of Participation............. Amendment of Annual Deferral Election Information Provided by the Participant Contributions Made Promptly ................. 6 6 7 F.mnlnver Contributions..............................................................................................7 Leaveof Absence..........................................................................................................7 Disability.......................................................................................................................7 Protection of Persons Who Serve in a Uniformed Service.......................................7 CorrectiveMeasures....................................................................................................8 SECTION III LIMITATIONS ON AMOUNTS DEFERRED 0 E 3.1 Basic Annual Limitation.............................................................................................9 3.2 Age 50 Catch-up Annual Deferral Contributions.....................................................9 40 3.3 Special Section 457 Catch-up Limitation....................................................................9 3.4 Special Rules...............................................................................................................10 3.5 Correction of Excess Deferrals.................................................................................11 SECTION IV INVESTMENT RESPONSIBILITIES.............................................................12 4.1 4.2 4.3 4.4 4.5 4.6 Investment of Deferred Amount...............................................................................12 Investment Election for Future Contributions........................................................12 Investment Changes for.an Existing Account Balance...........................................12 InvestmentResponsibility .........................................................................................12 Default Investment Fund...........................................................................................12 Statements SECTION V LOANS 5.1 No Loans SECTION VI DISTRIBUTIONS 13 14 15 6.1 Distributions from the Plan ............................................... :...................................... 15 6.2 Benefit Distributions Upon Severance from Employment.....................................15 6.3 Distributions on Account of Participant's Death....................................................16 6.4 Distribution of Small Account Balances Without Participant's Consent.............16 6.5 Forms of Distribution................................................................................................16 6.6 Minimum Distribution Requirements......................................................................17 6.7 Payments to Minors and Incompetents....................................................................23 i GN - 020025 Specimen 457(b) Plan Document GPLANLVL-CORRSPND Deferred Compensation Plan Ver 102011 Il ® 6.8 6.9 6.10 6.11 Procedure Wben Distributee Cannot Be Located...................................................23 Direct Rollover...........................................................................................................23 Inservice Distributions...............................................................................................24 Qualified Distributions for Retired Public Safety Officers....................................26 SECTION VII ROLLOVERS AND PLAN TRANSFERS..................................................... 28 7.1 7.2 73 7.4 Eligible Rollover Contributions to the Plan............................................................28 Plan -to -Plan Transfers to the Plan...........................................................................28 Plan -to -Plan Transfers from the Plan......................................................................29 Permissive Service Credit Transfers........................................................................30 SECTIONVIII BENEFICIARY..............................................................................:................ 31 8.1 Designation................................................................................................................31 SECTION IX ADMINISTRATION AND ACCOUNTING ................................................... 32 9.1 9.2 93 Administrator............................................................................................................32 Administrative Costs.................................................................................................32 Paperless Administration.........................................................................................32 SECTIONX AMENDMENTS.................................................................................................. 34 10.1 Amendment ...........................................................................................34 10.2 ..................... Conformation 103 .............................................................................................................34 Plan Termination.......................................................................................................34 ® SECTION XI TRUST FUND..................................................................................................... 35 11.1 Trust Fund..................................................................................................................35 SECTIONXII MISCELLANEOUS......................................................................................... 36 12.1 12.2 123 12.4 12.5 12.6 12.7 12.8 12.9 12.10 Non-Assignability............................................................... Domestic Relation Orders........................................................................................36 IRS Levy....................................................................................................................36 Mistaken Contributions.............................................................................................36 Employment................................................................................................................37 Successors and Assigns......................................................................_......:...............37 Written Notice............................................................................................................37 Total Agreement.........................................................................................................37 Gender.........................................................................................................................37 Controlling Law.........................................................................................................37 :....................................... 36 lJ ll GN • 020025 Specimen 457(b) Plan Document GPLANrLVL—.CORRSPND Deferred Compensation Plan Ver er 102011 457(b) PLAN DOCUMENT COMPENSATION PLAN Adoption of Plan The City of Morro Bay Deferred Compensation Plan (hereinafter "the Plan"), an eligible deferred compensation plan within the meaning of Section 457(b) of the Internal Revenue Code of 1986, as amended (hereinafter the "Code"), of a State or local government as described in Code Section 457(e)(1)(A), adopted by City of Morro Bay (hereinafter the 'Employer") effective December 1, 2011. Purpose of Plan The primary purpose of this Plan is to permit Employees of the Employer to enter into an agreement which will provide for deferral of payment of a portion of his or her current compensation until death, retirement, severance from employment, or other event, in accordance with the provisions of the Code Section 457(b), with other applicable provisions of the Code, and in accordance with the General Statutes of the State. Status of Plan It is intended that the Plan shall qualify as an eligible deferred compensation plan within the meaning of Code Section 457(b) sponsored by an eligible employer withinthe meaning of Code Section 457(e)(1)(A), i.e., a State, political subdivision of a State, and agency or instrumentality of a State or political subdivision of a State. Tax Consequences of Plan The Employer does not and cannot represent or guarantee that any particular federal or State income, payroll, or other tax consequence will occur by reason of participation in this Plan. A Participant should consult with his or her own counsel or other representative regarding all tax or other consequences of participation in this Plan. LI GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 0 2 2 SECTION I DEM-ITIONS 1.1 Plan Definitions For purposes of this Plan, the following words and phrases have the meaning set forth below, unless a different meaning is plainly required by the context: An "Account Balance" means the bookkeeping account maintained with respect to each Participant which reflects the value of he deferred Compensation credited to the Participant, including the Participant's Annual Deferrals, the earnings or loss of the Trust Fund (net of Trust Fund expenses) allocable to the Participant- any transfers for the Participant's benefit, and any distribution made to the Participant or the Participant's Beneficiary. If a Participant has more than one Beneficiary at the time of the Participant's death, then a separate Account Balance shall be maintained for each Beneficiary. The Account Balance includes any account established under Section VII for rollover contributions and plan -to -plan transfers made for a Participant, the account established for a Beneficiary after a Participant's death, and any account or accounts established for an alternate payee (as defined in Code Section 414(p)(8)). The "Administrator" means the Employer. The term Administrator includes any person or persons, committee, or organization appointed by the Employer to administer the Plan. An "Annual Deferral" means the amount of Compensation deferred in any calendar year. The "Beneficiary" of a Participant means the person or persons (or, if none, the Participant's estate) who is entitled under the provisions of the Plan to receive a distribution in the event the Participant dies before receiving distribution of his or her entire interest under the Plan. The "Code" means the Internal Revenue Code of 1986, as now in effect or as hereafter amended from time to time. Reference to a Code Section includes such section and any comparable section or sections of any future legislation that amends, supplements, or supersedes such section. The "Compensation" of a Participant means all cash compensation for services to the Employer, including salary, wages, fees, commissions, bonuses, and overtime pay, that is includible in the Employee's gross income for the calendar year, including, as applicable, compensation attributable to services as an independent contractor, plus amounts that would be cash compensation for services to the Employer includible in the Employee's gross income for the calendar year but for a compensation reduction election under Code Section 125, 132(f), 401(k), 403(b), or 457(b) (including an election to defer compensation under Section II). Any payments described below made to a Participant after a Severance from Employment shall qualify as Compensation for purposes of the Plan, but only if the payments are made by the later of (a) the end of the calendar year in which the Severance from Employment occurred or (b) witbin 2 % months of such Severance from Employment: GN - 020025 GPLANLVL—CORRSPND Specimen 457(b) Plan Document Deferred Compensation Plan Vet 102011 (a) Payments that, absent a Severance from Employment, would have been paid to the Participant while the Participant continued in employment with the Employer, but only if such payments constitute regular compensation for services during the Participant's regular working hours, compensation for services outside the Participant's regular working hours (such as overtime or a shift differential), commissions, bonuses or other similar compensation; Any payment that is not described above shall not be considered Compensation if it is paid after the date of the Participant's Severance from Employment, even if it is paid within 2 '/z months of such date. Thus, for example, Compensation does not include severance pay. For years beginning after December 31, 2008, (a) a Participant receiving a differential wage payment, as defined by Code §3401(h)(2), by reason of qualified military service (within the meaning of Code Section 414(u)), is treated as an Employee of the Employer making the payment and (b) the differential wage payment is treated as Compensation. An Employee means each natural person who is employed by the Employer as a common law employee on a full time basis; provided, however, that the term Employee shall not include a leased employee or any employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan. Any individual who is not treated by the Employer as a common law employee of the Employer shall be excluded from Plan participation even if a court or administrative agency determines that such individual is a common law employee of the Employer, unless the Employer has included the individual in Plan participation as an independent contractor. , An "Employer" means the eligible employer (within the meaning of Code Section 457(e)(1)) that has adopted the Plan. In the case of an eligible employer that is an agency or instrumentality of a political subdivision of a State within the meaning of Code Section 457(e)(1)(A), the term Employer shall include any other agency or instrumentality of the same political subdivision that has adopted the Plan. "Includible Compensation" means, with respect to a taxable year, the Participant's compensation as defined in Code Section 415(c)(3) and the regulations thereunder, for services performed for the Employer. The amount of Includible Compensation is determined without regard to any community property laws. "Normal Retirement Age" means age 70 1/2, unless the Participant has elected an alternate Normal Retirement Age and delivered such election to the Administrator. Such date shall be no earlier than the earliest date that the Participant will become eligible to retire and receive, under the basic defined benefit pension plan of the Employer (or a money purchase plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan) immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age, but not greater than age 7O'/z). If a Participant continues employment after attaining age 70 ''/z, not having previously elected an alternate Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandatory retirement age, if any, established by the Employer, or any age at which the GN - 020025 Specimen 457(b) Plan Document GPLANLVL—CORRSPND Defected Compensation Plan Ver 102011 A& Participant actually has a Severance from Employment if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic defined benefit pension plan (or money purchase pension plan, if applicable) maintained by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than age 65 and may not be later than age 70 %z. In the event a Participant is a qualified police or firefighter (as defined under Code Section 41 d(b)(2)(I)(ii)(1)) Normal Retirement Age means age 70 %2, unless the Participant has elected an alternate Normal Retirement Age and delivered such election to the Administrator. Such date shall be no earlier than the earliest date that the Participant cell become eligible to retire and receive, under the basic defined benefit pension plan of the Employer (or a money purchase plan in which the Participant also participates if the Participant is not.eligible to participate in a defined benefit plan), immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age which may not be earlier than age 40 and may not be later than age 70 %2. A Participants Normal Retirement Age must be the same as his or her normal retirement age under any other eligible deferred compensation plan or plans sponsored by the Employer. The designation of a Normal Retirement Age under the Plan does not compel retirement with the Employer. The "Participant" means an individual who is currently deferring Compensation, or who has ® previously deferred Compensation under the Plan by salary reduction and who has not received a distribution of his or her entire benefit under the Plan. Only individuals who perform services for the Employer as an Employee may defer Compensation under the Plan. "Roth Contributions" means the amount of any Annual Deferral elected by a Participant that is irrevocably designated by the Participant as being made pursuant to, and intended to comply with. Code Section 402A. Roth Contributions are includable in the Participant's taxable gross income at the time they are contributed to the Plan and have been irrevocably designated as Roth Annual Deferrals by the Participant in their deferral agreement. The Administrator shall establish and maintain for the Employee a separate account for any Roth Contributions made to the Plan, to which only Roth Contributions and the income attributable thereto shall be allocated. Roth Contributions also includes any contributions made to another eligible retirement plan that are rolled over to the Plan in accordance with the provisions of Section 7.1 and that the Participant designated as Roth contributions at the time they were contributed to such other plan. "Severance from Employment" means the date that the Employee dies, retires, or otherwise has a severance from employment with the Employer, as determined by the Administrator (and taking into account guidance issued under the Code). Solely for the purpose of determining whether the Participant is entitled to receive a distribution of his or her Account Balance pursuant to Section 6.2, a Participant shall be treated as having been severed from employment during any period the Participant is performing service in the uniformed services (as defined in chapter 43 of title 38, United States Code) while on active duty for a period of more than 30 days. 4 GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 The "State" means the State that is the Employer or of which the Employer is a political subdivision, and any agency, or instrumentality, including any agency or instrumentality of a political subdivision of the State, or the State in which the Employer is located. The "Trust Fund" means the trust fund created under and subject to a trust agreement or a custodial account or contract described in Code Section 401(f) held on behalf of the Plan. The "Valuation Date" means each business day. 11 E] GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 "J 11 SECTION II PARTICIPATION AND CONTRIBUTIONS 2.1 Eligibility Each Employee shall be eligible to participate in the Plan and defer Compensation hereunder immediately upon becoming employed by the Employer. 2.2 Election An Employee may elect to become a Participant by executing an election to defer a portion of his or her Compensation (and have that amount contributed as an Annual Deferral on his or her behalf) and filing it Arith.the Administrator. This participation election shall be made on the deferral agreement provided by the Administrator under which the Employee agrees to be bound by all the terms and conditions of the Plan. Any such election shall remain in effect until a new election is filed. The Administrator may establish a minimum deferral amount, and may change such minimums from time to time. The deferral agreement shall also include designation of investment funds and a designation of Beneficiary. The deferral agreement may also include a Participant's designation that all or a portion of the Annual Deferral elected by the Participant shall be treated as Roth Contributions. 23 Commencement of Participation An Employee shall become a Participant as soon as administratively practicable following the date the Employee files an election pursuant to Section 2.2. Such election shall become effective no later than the calendar month following the month in which the election is made. A new Employee may defer compensation payable in the calendar month during which the Participant first becomes an Employee if an agreement providing for the deferral is entered into on or before the first day on which the Participant performs services for the Employer. 2.4 Amendment of Annual Deferral Election Subject to other provisions of the Plan, a Participant may at any time revise his or her participation election, including a change of the amount of his or her Annual Deferrals, his or her investment direction and his or her designated Beneficiary. The revised participation election may also include a change in the Participant's designation of the amount of the Annual Deferral elected by the Participant that is to be treated as Roth Contributions. Unless the election specifies a later effective date, a change in the amount of the Annual Deferrals shall take effect as of the first day of the next following month or as soon as administratively practicable if later. A change in the investment direction shall take effect as of the date provided by the Administrator on a uniform basis for all Employees. A change in the Beneficiary designation shall take effect when the election is accepted by the Administrator. GN - 020025 GPL.ANTL VL — CORRSPND 0 Specimen 457(b) Plan Document Deferred Compensation Plan Ver 102011 2.5 Information Provided by the Participant Each Employee enrolling in the Plan should provide to the Administrator at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Administrator to administer the plan, including, without limitation, whether the Employee is a participant in any other eligible plan under Code Section 457(b). I 2.6 Contributions Made Promptly Annual Deferrals by the Participant under the Plan shall be transferred to the Trust Fund within a period that is not longer than is reasonable for the proper administration of the Participant's Account Balance. For this purpose, Annual Deferrals shall be treated as contributed within a. period that is not longer than is reasonable for the proper administrafion-if the contribution is made to the Trust Fund within 15 business days following the end of the month in which the amount would otherwise have been paid to the Participant, or earlier if required by law. 2.7 Employer Contributions Nothing in this Plan prohibits the Employer from making annual deferrals to the Account Balance of a Participant on a non -elective basis, subject to the Participant's contribution limits in Section 111. 2.8 Leave of Absence Unless an election is otherwise revised, if a Participant is absent from work by leave of absence, Annual Deferrals under the Plan shall continue to the extent that Compensation continues. 2.9 Disability A disabled Participant (as determined by the Administrator) may elect Annual Deferrals during any portion of the period of his or her disability to the extent that he or she has actual Compensation (not imputed Compensation and not disability benefits) from which to make contributions to the Plan and has not had a Severance from Employment. 2.10 Protection of Persons Who Serve in a Uniformed Service An Employee whose employment is interrupted by qualified military service under Code Section 414(u) or who is on a leave of absence for qualified military, service under Code Section 414(u) may elect to make additional Annual Deferrals upon resumption of employment with the Employer equal to the maximum Annual Deferrals that the Employee could have elected during that period if the Employee's employment with the Employer had continued (at the same level of Compensation) without the interruption or leave, reduced by the Annual Deferrals, if any, actually made for the Employee during the period of the interruption or leave. This right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave). 2 GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 ® A reemployed Employee shall also be entitled to an allocation of any additional Employer Contributions, if applicable, that such Employee would have received under the Plan had the Employee continued to be employed as an eligible Employee during the period of qualified military service. Such restorative Employer Contributions (without interest), if applicable, shall be remitted by the Employer to the Plan on behalf of the Employee within 90 days after the date of the Employee's reemployment or, if later, as of the date the contributions are otherwise due for the year in which the applicable qualified military service was performed. 2.11 Corrective Measures Ii In the event that an otherwise eligible Employee is erroneously omitted from Plan participation, or an otherwise ineligible individual is erroneously included in the Plan, the Employer shall take such corrective measures as may be permitted by applicable law. Such measures may include, in the case of an erroneously omitted Employee, contributions made by the Employer to the Plan on behalf of such Employee equal to the missed deferral opportunity, subject to the Participant's contribution limits in Section III, and, in the case of an erroneously included individual, a payment by the Employer to such individual of additional compensation in an amount equal to the amount of the individual's elective deferrals under the Plan. GN - 020025 Specimen 457(b) Plan Docment GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 SECTION III LMTATIONS ON AMOUNTS DEFERRED 3.1 Basic Annual Limitation (a) The maximum amount of the Annual Deferral and, if applicable, Employer Contributions under the Plan for any calendar year shall not exceed the lesser of: (i) The "applicable dollar amount" (as defined in paragraph (b) below); or (ii) The Participant's Includible Compensation for the calendar year. (b) The "applicable dollar amount" means the amount established under Code Section 457(e)(15), as indexed, and in accordance with 3.4(a). (c) Rollover amounts received by the Plan under Treasury Regulation Section 1.457-10(e) and any plan -to -plan transfer into the Plan made pursuant to Section 7.2 shall not be applied against the Annual Deferral limit. 3.2 Age 50 Catch-up Annual Deferral Contributions A Participant who will attain age 50 or more by the end of a calendar year is permitted to elect an additional amount of Annual Deferral for the calendar year, up to the maximum age 50 catch-up Annual Deferral limit under §414(v)(2), as indexed. The amount of the age 50 catch-up Annual Deferral for any calendar year cannot exceed the amount of the Participant's Compensation, reduced by the amount of the elective deferred compensation, or other elective deferrals, made by the Participant under the Plan and in accordance with 3.4(a). The age 50 catch-up Annual Deferral limit is not available to a Participant for any calendar year for which the Special Section 457 Catch-up Limitation described in Section 3.3 is available and applied. 3.3 Special Section 457 Catch-up Limitation Notwithstanding the provisions of Sections 3.1 and 3.2, with respect to a year that is one of a Participant's last three (3) calendar years ending before the year in which the Participant attains Normal Retirement Age and the amount determined under this Section 3.3 exceeds the amount computed under Sections 3.1 and 3.2, then the Annual Deferral limit under this Section 3.3 shall be the lesser of: (a) An amount equal to two (2) times the Section 3.1 Applicable Dollar Amount for such year; or (b) The sum of: GN - 020025 Specimen 457(b) Plan Document GPLANLVL—CORRSPND Deferred Compensation Plan Ver 102011 ® (i) An amount equal to (-A) the aggregate Section 3.1 limit for the current year plus each prior calendar year beginning after December 31, 2001, during which the Participant was an Employee under the Plan, minus (B) the aggregate amount of Compensation that the Participant deferred under the Plan during such years, plus (ii) An amount equal to (A) the aggregate limit referred to in Code Section 457(b)(2) for each prior calendar year beginning after December 31, 1978, and before January 1, 2002, during which the Participant was an Employee (determined without regard to Sections 3.2 and 3.3), minus (B) the aggregate contributions to Pre-2002 Coordination Plans (as defined in Section 3.4(c)) made by or on behalf of the Participant for such years. However, in no event can the deferred amount be more than the Participant's Compensation for the year. 3.4 Special Rules For purposes of this Section III, the following rules shall apply: (a) Participant Covered By More Than One Eligible Plan. If the Participant is or has been a participant in one or more other eligible plans within the meaning of Code Section 457(b), then this Plan and all such other plans shall be considered as one plan for ® purposes of applying the foregoing limitations of this Section III. For this purpose, the Administrator shall take into account any other such eligible plan maintained by the Employer and shall also take into account any other such eligible plan for which the Administrator receives from the Participant sufficient information concerning his or her participation in such other plan. (b) Pre -Participation Years. In applying Section 3.3, a year shall be taken into account only if (i) the Participant was eligible to participate in the Plan during all or a portion of the year and (ii) Compensation deferred, if any, under the Plan during the year was subject to the Basic Annual Limitation described in Section 3.1 or any other plan ceiling required by Code Section 457(b). (c) Pre-2002 Coordination Years. For purposes of Section 33(b)(ii)(B), "contributions to Pre-2002 Coordination Plans" means any employer contribution; salary reduction or elective contribution under any other eligible Code Section 457(b) plan, or a salary reduction or elective contribution under any Code Section 401(k) qualified cash or deferred arrangement, Code Section 402(h)(1)(B) simplified employee pension (SARSEP), Code Section 403(b) annuity contract, and Code Section 408(p) simple retirement account, or under any plan for which a deduction is allowed because of a contribution to an organization described in Code Section 501(c)(18), including plans; arrangements or accounts maintained by the Employer or any employer for whom the Participant performed services. However, the contributions for any calendar year are only taken into account for purposes of Section 3.3(b)(ii)(B) to the extent that the total of such contributions does not exceed the aggregate limit referred to in Code Section 457(b)(2) for that year. 10 GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation 10 Plan Ver 102011 (d) Disregard Excess Deferral. For purposes of Sections 3.1, 3.2, and 3.3, an individual is treated as not having deferred compensation under a plan for a prior taxable year if excess deferrals under the plan are distributed, as described in Section 3.5. To the extent that the combined deferrals for pre-2002 years exceeded the maximum deferral limitations, the amount is treated as an excess deferral for those prior years. 3.5 Correction of Excess Deferrals If the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations described above, or the Annual Deferral on behalf of a Participant for any calendar year exceeds the limitations described above when combined with other amounts deferred by the Participant under another eligible deferred compensation plan under Code Section 457(b) for which the Participant provides information that is accepted by the Administrator, then the Annual Deferral, to the extent in excess of the applicable limitation (adjusted for any income or loss in value, if any, allocable thereto), shall be distributed to the Participant as soon as administratively practicable after the Administrator determines that the amount is an excess deferral. If a Participant to whom distribution must be made in accordance with the preceding sentence has made Roth Contributions for the year, the amount distributed as an excess deferral shall be made first from pre-tax Annual Deferrals, then from Roth Contributions for the year unless otherwise specified. 11 GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferted Compensation Plan Ver 102011 ® SECTION W INVESTMENT RESPONSIBILITIES. 4.1 Investment of Deferred Amount Each Participant or Beneficiary shall direct the investment of amounts held in his or her Account Balance under the Plan among the investment options of the Trust Fund. The investment of amounts segregated on behalf of an alternate payee pursuant to a Plan approved domestic relations order (as defined under Code Section 414(p)) may be directed by such alternate payee to the extent provided in such order. In the absence of such direction, such amounts shall be invested in the same manner as they were immediately before such segregation was made on account of such order. Each Account Balance shall share in any gains or losses of the investment(s) in which such account is invested. 4.2 Investment Election for Future Contributions A Participant may amend his or her investment election at such times and by such manner and form as prescribed by the Administrator. Such election vill, unless specifically stated otherwise, apply only to future amounts contributed under the Plan. 43 Investment Changes for an Existing Account Balance ® The Participant, Beneficiary, alternate payee, or Administrator may elect to transfer amounts in his Account Balance among and between those investments available under the Trust Fund at such times and by such manner and form prescribed by the Administrator, subject further to any restrictions or limitations placed on any investment by the Administrator to be uniformly applied to all Participants. 4.4 Investment Responsibility To the extent that a Participant, Beneficiary, or alternate payee exercises control over the investment of amounts credited to his Account Balance, the Employer, the Administrator, and any other fiduciary of the Plan shall not be liable for any losses that are the direct and necessary result of investment instructions given by a Participant, Beneficiary or an alternate payee. 4.5 Default Investment Fund The Employer shall maintain a Default Investment Fund which shall be held and administered under the Trust Fund. Any Participant who does not make an investment election on the deferral agreement provided by the Administrator dill have his contributions invested in the Default Investment Fund until such time he provides investment direction under sections 4.2 and 4.3. Additionally, a Beneficiary or alternate payee who does not make an investment election will have his Account Balance invested in the Default Investment Fund until such time he provides investment direction under section 4.3. The interest of each Participant, Beneficiary, or alternate ® payee tinder the Plan in the Default Investment Fund shall be an undivided interest. 12 GN - 020025 Specimen 457(b) Plan Document GPI.ANLVL — CORRSPND Deferred Compensation Plan Ver 102011 4.6 Statements The Administrator Mll cause to be issued statements periodically to reflect the contributions and actual earnings posted to the Account Balances. 11 13 GN - 020025 Specimen 457(b) Plan Document GPLANLVL—CORRSPND Deferred Compensation Plan Ver 102011 2 11 E SECTION V LOANS 5.1 No Loans There shall be no loans made to Participants from the Plan. GN - 020025 GPLANLVL—CORRSPND 14 specimen 457(b) Plan Document Deferred Compensation Plan Ver 102011 SECTION VI DISTRIBUTIONS 6.1 Distributions from the Plan (a) Earliest Distribution Date. Payments from a Participant's Account Balance shall not be made earlier than: (i) the Participant's Severance from Employment pursuant to Section 6.2 (ii) the Participant's death pursuant to Section 6.3 (iii) Plan termination under Section 10.3 (iv) an unforeseeable emergency withdrawal pursuant to Section 6.10(a), if permitted under the Plan (v) a de minimis account balance distribution pursuant to Section 6.10(b), if permitted under the Plan (vi) a rollover account withdrawal pursuant to Section 6.10(c), if permitted under the Plan (vii) attainment of age 70 r/z withdrawal pursuant to Section 6.10(d), if permitted under the Plan (viii) Qualified Military Service Deemed Severance withdrawal pursuant to Section 6.10(e), if permitted under the Plan (ix) Qualified Military Reservist withdrawal pursuant to Section 6.10(f) , if permitted under the Plan (x) Qualified Distributions for Retired Public Safety Officers pursuant to Section 6.11, if permitted under the Plan (b) Latest Distribution Date. In no event shall any distribution under this Section VI begin later than the Participant's "required beginning date". Such required minimum distributions must be made in accordance with Section 6.6. (c) Amount of Account Balance. Except as provided in Section 6.3, the amount of any payment under this Section VI shall be based on the amount of the Account Balance as of the Valuation Date. 6.2 Benefit Distributions Upon Severance from Employment Upon Severance from Employment (other than due to death), a Participant may elect to commence distribution of benefits at any time after Severance from Employment by filing a 15 GN - 020025 - Specimen 457(b) Plan Document GPLANLVL—CORRSPND Deferred Compensation Plan Ver 102011 11 request with the Administrator before the date on which benefits are to commence. However. in no event may distribution of benefits commence later than his or her "required beginning date". Distributions required to commence under this section shall be made in the form of benefit provided under Section 6.5. Distributions postponed until the Participant's "required beginning date" will be made in a manner that meets the requirements of Section 6.6. 6.3 Distributions on Account of Participant's Death Upon receipt of satisfactory proof of the Participant's death, the designated Beneficiary may file a request with the Administrator to elect a form of benefit provided under Section 6.5 and made in a manner that meets the requirements of Section 6.6. (a) Death of Participant Before Distributions Begin. If the Participant dies before his or her distributions begin, the designated Beneficiary may elect to have distributions to be made (i) in full within 5 years of the Participant's death (5-year rule) or (ii) in installments over the designated Beneficiary's "life expectancy" (life expectancy rule). If the designated Beneficiary does not make an election by September 30 of the year following the year of the Participant's death, the Participant's Account Balance will be distributed in a lump sum payment by December 3 I of the calendar year containing the fifth anniversary of the Participant's death or if the Participant's spouse is the sole designated Beneficiary by December 31 of the year the Participant would have attained age 70 t/. (b) Death of Participant On or After Date Distributions Begin. If the Participant dies on or after his or her distributions began, the Participant's Account Balance shall be paid to the Beneficiary at least as rapidly as under the payment option used before the Participant's death. 6.4 Distribution of Small Account Balances Without Participant's Consent Notwithstanding any other provision of the Plan to the contrary, if the amount of a Participant's or Beneficiary's Account Balance (including the rollover contribution separate account) is not in excess of the amount specified below on the date that payments commence under Section 6.2 or on the date the Administrator is notified of the Participant's death; the Administrator may direct payment without the Participant's or Beneficiary's consent as soon as practicable following the Participant's retirement, death, or other Severance from Employment. (a) The Plan does not provide for distribution of small Account Balances without Participant or Beneficiary consent. 6.5 Forms of Distribution in an election to commence benefits under Section 6.2, a Participant entitled to a distribution of ® benefits under this Section VI may elect to receive payment in any of the following forms of distribution: 16 GNI - 020025 Specimen 457(b) Plan Document GPI-At�`LVI, — CORRSPND Deferred Compensation Plan Ver 102011 (a) a lump sum payment of the Participant's total Account Balance. (b) partial distribution of the Participant's Account Balance. (c) in a series of installments over a period of years (payable on a monthly, quarterly, semi- annual or annual basis) which extends no longer than the life expectancy of the Participant as permitted under Code Section 401(a)(9). 6.6 Minimum Distribution Requirements (a) General Rules. Not,krithstanding anything in this Plan to the contrary, distributions from this Plan shall commence and be made in accordance with Code Section 4O1(a)(9) and the regulations promulgated thereunder. Additionally, the requirements of this Section 6.6 will take precedence over any inconsistent provisions of the Plan. (b) Time and Manner of Distribution. (i) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's "required beginning date". (ii) Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (A) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary", then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant dies, or by December 31 of the calendar year in which the Participant would have attained age 70 Yz, if later. (B) If the Participant's surviving spouse is not the Participant's sole "designated Beneficiary" (i.e., multiple beneficiaries), then distributions to the "designated Beneficiaries" will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (C) If the Participant's sole "designated Beneficiary" is not the Participant's spouse, then distributions to the "designated Beneficiary" will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (D) If there is no "designated Beneficiary" as of September 30 of the year following the year of the Participant's death, the Participant's Account 17 GN - 020025 Specimen 457(b) Plan Document GPLANLVL—CORRSPND Deferred Compensation Plan Ver 102011 Balance will be distributed in a lump sum payment by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (E) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary" and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin; this subparagraph (b)(ii), other than subsection (b)(ii)(A), will apply as if the surviving spouse were the Participant. For purposes of this subparagraph (ii) and paragraph (d), unless subsection (b)(ii)(D) applies, distributions are considered to begin on the Participant's "required beginning date". If subsection (b)(ii)(E) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under subsection (b)(ii)(A). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's "required beginning date" (or to the. Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b)(ii)(A)), the date distributions are considered to begin is the date distributions actually commence. (iii) Death of Participant On or After Distributions Betain. If the Participant dies on or after distributions begin and before depleting his or her Account Balance, distributions must commence to the "designated Beneficiary" by December 31 of the calendar year immediately following the calendar year in which the Participant died. (iv) Forms of Distribution. Unless the Participant's Account Balance is distributed in the form of an annuity contract or in a lump sum on or before the Participant's "required beginning date", as of the first distribution calendar year, distributions will be made in accordance with paragraphs (c) and (d). If the Participant's interest is distributed in the form of an annuity contract, distributions thereunder will be made in accordance with the requirements of Code Section 401(a)(9). (c) Required Minimum Distributions During the Participant's Lifetime. (i) Amount of Required Minimum Distribution For Each "Distribution Calendar Year". During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of: (A) The quotient obtained by dividing the "Participant's account balance" by the distribution period in the Uniform Lifetime Table set forth in Treasury Regulation Section 1.401(a)(9)-% Q&A-2 using the Participant's age as of the Participant's birthday in the "distribution calendar year"; or (B) if the Participant's sole "designated Beneficiary" for the "distribution ® calendar year" is the Participant's spouse and the spouse is more than 10 years younger than the Participant, the quotient obtained by dividing the 18 G1.' - 020025 Specimen 457(b) Plan Document GPLANTLVL — CORRSPND Deferred Compensation Plan Ver 102011 (d) "Participant's account balance" by the distribution period in the Joint and Last Survivor Table set forth in Treasury Regulation Section 1.401(a)(9)- 9, Q&A-3 using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the "distribution calendar year". Lifetime Required Minimum Distributions Continue Through Year of Participant's Death: Required minimum distributions will be determined under this paragraph (c) beginning with the first "distribution calendar year" and up to and including the "distribution calendar year" that includes the Participant's date of death. Required Minimum Distributions After Participant's Death. For purposes of this Section 6.6(d), the Participant's and Beneficiary's "life expectancy" determination will use the Single Life Table set forth in Treasury Regulation Section 1.401(a)(9)-9, Q&A-l. (i) Death On or After Date Distributions Begin. (A) Participant Survived by Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is a "designated Beneficiary", the minimum amount that will be distributed for each "distribution calendar year" after the year of the Participant's death is the quotient obtained by dividing the "Participant's account balance" by the longer of the remaining "life expectancy" of the Participant or the remaining "life expectancy" of the Participant's "designated Beneficiary", determined as follows: (1) The Participant's remaining "life expectancy" is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (2) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary", the remaining "life expectancy" of the surviving spouse is calculated for each "distribution calendar year" after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year. For "distribution calendar years" after the year of the surviving spouse's death, the remaining "life expectancy" of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year. (3) If the Participant's surviving spouse is not the Participant's sole "designated Beneficiary" (i.e., multiple beneficiaries), the "designated Beneficiaries" remaining "life expectancy" is 19 GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 u 11 E calculated using the age of the oldest Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. (4) If the Participant's sole "designated beneficiary" is not the Participant's spouse, the "designated Beneficiary's" remaining "life expectancy" is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. (B) No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no "designated Beneficiary" as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each "distribution calendar year" after the year of the Participant's death is the quotient obtained by dividing the "Participant's account balance" by the Participant's remaining "life expectancy" calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (ii) Death Before Date Distributions Begin. ® (A) Participant Survived by Designated Beneficiary. Except as provided in this Section, if the Participant dies before the date distributions begin and there is a "designated Beneficiary", the minimum amount that will be distributed for each "distribution calendar year" after the year of the Participant's death is the quotient obtained by dividing the "Participant's account balance" by the remaining "life expectancy" of the Participant's "designated Beneficiary", determined as follows: (1) If the Participant's surviving spouse is the Participant's sole "designated Beneficiary", the remaining "life expectancy" of the surviving spouse is calculated for each "distribution calendar year" after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year. (2) If the Participant's surviving spouse is not the Participant's sole "designated Beneficiary" (i.e., multiple beneficiaries), the "designated Beneficiary's" remaining "life expectancy" is calculated using the age of the oldest Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. (3) If the Participant's sole "designated beneficiary" is not the Participant's spouse, the "designated Beneficiary's" remaining "life 20 GN - 020025 specimen 457(b) Plan Document GPLANLVL — CORRSPND - Deferred Compensation Plan Ver 102011 expectancy" is calculated using the age of the Beneficiary in the 10 year following the year of the Participant's death, reduced by one for each subsequent year. (B) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no "designated Beneficiary" as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (C) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole "designated Beneficiary", and the surviving spouse dies before distributions are required to begin to the surviving spouse under subsection (b)(ii)(A), this subparagraph (d)(ii) will apply as if the surviving spouse were the Participant. (e) Definitions. (i) A Participant's "required beginning date" is April 1 of the year that follows the later of (1) the calendar year the Participant attains age 70 '/2 or (2) retires due to Severance from Employment. If the Participant postpones the required distribution due in calendar year he or she attains age 70 '/2 or severs employment, to the "required beginning date", the second required minimum distribution must be taken by the end of that year. (ii) Participant's "designated Beneficiary" means the individual who is designated as the Beneficiary under Section 8.1 and is the designated Beneficiary under Code Section 401(a)(9) and Treasury Regulation Section 1.401(a)(9)-4. (iii) A "distribution calendar year" means a calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first "distribution calendar year" is the calendar year the Participant attains age 70 '/2 or retires, if later. For distributions beginning after the Participant's death, the first "distribution calendar year" is the calendar year in which distributions are required to begin under subparagraph (b)(ii). The required minimum distribution for the Participant's first "distribution calendar year" will be made on or before the Participant's "required beginning date". The required minimum distribution for other "distribution calendar years", including the required minimum distribution for the "distribution calendar year" in which the Participant's "required beginning date" occurs, will be made on or before December 31 of that "distribution calendar year". 21 GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND - Deferred Compensation Plan Ver 102011 (iv) A married Participant's "life expectancy", whose spouse is the sole Beneficiary and is more than 10 years younger than the Participant, means the Participant's and spouse Beneficiary's life expectancy as computed by use of the Joint and Last Survivor Life Table under Treasury Regulation Section 1.401(a)(9)-9, Q&A 3. All other Participants will have his or her life expectancy computed by use of the Uniform Lifetime Table under Treasury Regulation Section 1.401(a)(9)-9, Q&A 2. A deceased Participant's or Beneficiary's "life expectancy" means his or her life expectancy as computed by use of the Single Life Table under Treasury Regulation Section 1.401(a)(9)-9, Q&A 1. (v) A "Participant's account balance" means the Account Balance as of the last valuation date in the calendar year immediately preceding the "distribution calendar year" (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the Account Balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The Account Balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the "distribution calendar year" if distributed or transferred in the valuation calendar year. (f) Special Provision Applicable to 2009 Required Minimum Distributions. ® A Participant who would otherwise be required to receive a minimum distribution from the Plan in accordance with Code Section 401(a)(9) for the 2009 "distribution calendar year" may elect not to receive any such distribution that is payable with respect to the 2009 "distribution calendar year". Notwithstanding the provisions of Section 6.9(b)(ui), the Administrator may permit a Participant who receives a minimum distribution from the Plan for the 2009 "distribution calendar year" to make a direct rollover of such distribution to an "eligible retirement plan" in accordance with the provisions of Section 6.9. The Administrator may also permit a Participant or former Participant who has received a minimum distribution for the 2009 "distribution calendar year" to roll over such distribution back into the Plan, provided the requirements of Code Section 402(c), as modified by Notice 2009-82, extending the 60-day rollover deadline, and the requirements of Section 7.1 are otherwise satisfied. If the distribution received by the Participant included amounts in addition to the minimum required under Code Section 401(a)(9), the Administrator may allow the Participant to include a portion or all of the amount that was'not a minimum distribution in the Rollover Contribution made to the Plan in accordance with this paragraph. The provisions of this Section 6.6(f) are effective for minimum payments made for the 2009 "distribution calendar year" and do not include any minimum payment that is made ® in 2009, but is attributable to a different year (i.e., the participant reached his required beginning date in 2008, but payment of the 2008 minimum is not made until 2O09). GN - 020025 _ Specimen 457(b) Plan Document GPLANL.VL—CORRSPND Deferred Compensation Plan Ver 102011 6.7 Payments to Minors and Incompetents If a Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, or is deemed so by the Administrator, benefits will be paid to such person as the Administrator or a court of competent jurisdiction may designate for the benefit of such Participant or Beneficiary. Such payments shall be considered a payment to such Participant or Beneficiary and shall, to the extent made, be deemed a complete discharge of any liability for such payments under the Plan. 6.8 Procedure When Distributee Cannot Be Located The Administrator shall make all reasonable attempts to determine the identity and address of a Participant or a Participant's Beneficiary entitled to benefits under the Plan. For this purpose, a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address shown in the Administrator's records; (b) use of the Internal Revenue Service letter forwarding program under IRS Revenue Procedure 94-22; (c) use of a commercial locator service, the internet or other general search method; (d) use of the Social Security Administration search program; or (e) use such other methods as the Administrator believes prudent. If the Participant or Beneficiary has not responded within 6 months, the Plan shall continue to hold the benefits due such person until, in the Administrator's discretion, the Plan is required to take other action under applicable law. Notwithstanding the foregoing, if the Administrator is unable to locate a person entitled to benefits hereunder after applying the search methods set forth above, then the Administrator, in its sole discretion, may pay an amount that is immediately distributable to such person in a direct rollover to an individual retirement plan designated by the Administrator. 6.9 Direct Rollover (a) A Participant or Beneficiary (or a Participant's former spouse who is the alternate payee under a domestic relations order, as defined in Code Section 414(p)) who is entitled to an "eligible rollover distribution" may elect, at the time and in the manner prescribed by the Administrator, to have all or any portion of the distribution paid directly to an "eligible retirement plan" specified by the Participant or Beneficiary in a direct rollover. (b) For purposes of this Section 6.9, an "eligible rollover distribution" means any distribution of all or any portion of a Participant's Account Balance, except that an eligible rollover distribution does not include (i) any distribution that is one of a series of substantially equal periodic payment made not less frequently than annually for the life or life expectancy of the Participant or the joint lives or life expectancies of the Participant and the Participant's designated beneficiary, or for a specified period of ten years or more (ii) any distribution made as a result of an unforeseeable emergency, or (iii) any distribution that is a required minimum distribution under Code Section 401(a)(9). In addition, an "eligible retirement plan" with respect to the Participant, the participant's spouse, or the Participant's spouse or former spouse who is an alternate payee under a 23 GN - 020025 Specimen 457(b) Plan Document GPLANLVL—CORRSPND - Deferred Compensation Plan Ver 102011 l ]l domestic relations order as defined in Code Section 414(p) means any of the following: (i) an individual retirement account described in Code Section 408(a), (ii) an individual retirement annuity described in Code Section 408(b), (iii) an annuity plan described in Code Section 403(a), (iv) a qualified defined contribution plan described in Code Section 401(a), (v) an annuity contract described in Code Section 403(b), (vi) an eligible deferred compensation plan described in Code Section 457(b) that is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, or (vii) effective for distributions made on or after January 1, 2008, a Roth IRA, as described in Code Section 408A, provided, that for distributions made before January 1, 2010. such rollover shall be subject to the limitations contained in Code Section 408A(c)(3)(B) . Notwithstanding any other provision of this Section 6.9(b), a plan or contract described in clause (iii), (iv), (v), or (vi) above shall not constitute an "eligible retirement plan" with respect to a distribution of Roth Contributions unless such plan or contract separately accounts for such distribution, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. (c) A Beneficiary who is not the spouse of the deceased Participant may elect a direct rollover of a distribution to an individual retirement account described in Code Section 408(b) or to a Roth individual retirement account described in Code Section 408A(b) ® ("IRA"), provided that the distributed amount satisfies all the requirements to be an eligible rollover distribution. The direct rollover must be made to an IRA established on behalf of the designated Beneficiary that gill be treated as an inherited IRA pursuant to the provisions of Code Section 402(c)(11). The IRA must be established in a manner that identifies it as an IRA with respect to a deceased Participant and also identifies the deceased Participant and the Beneficiary. This Section applies to distributions made on or after January 1.2007. 6.10 Inservice Distributions (a) Unforeseeable Emergency Distributions. If the Participant who has not incurred a Severance from Employment or Beneficiary has an unforeseeable emergency, the Administrator may approve a single sum distribution of the amount requested or, if less, the maximum amount determined by the Administrator to be permitted to be distributed under this Section 6.10(a), Treasury Regulation Section 1.457-6(c) or other regulatory guidance. The Administrator shall determine whether an unforeseeable emergency exists based on relevant facts and circumstances, and Treasury Regulation Section 1.457-6(c) or other regulatory guidance. (i) An unforeseeable emergency is defined as a severe financial hardship of the resulting from the following: (A) an illness or accident of the Participant or Beneficiary, the Participant's or ® Beneficiary's spouse, or the Participant's or Beneficiary's dependent or the Participanf s "primary Beneficiary"; 24 GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 (B) loss of the Participant's or Beneficiary's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, e.g., as a result of a natural disaster); (C) the need to pay for the funeral expenses of a Participant's or Beneficiary's spouse, Participant's or Beneficiary's dependent or "primary Beneficiary" of the Participant; (D) the need to pay for medical expenses of the Participant or Beneficiary, the Participant's or Beneficiary's spouse, Participant's or Beneficiary's dependent or the Participant's "primary Beneficiary" which are not reimbursed or compensated by insurance or otherwise, including non- refundable deductibles, as well as for the cost of prescription drug medication; (E) the imminent foreclosure of or eviction from the Participant's or Beneficiary's primary residence; or (F) other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant or Beneficiary. However, except as otherwise specifically provided in this Section 6.10(a), certain circumstances are not considered an unforeseen emergency such as the purchase of a home or the payment of college tuition or credit card debt. For purposes of this paragraph, if the Participant is not deceased, a "primary Beneficiary" shall be limited to a primary Beneficiary under the Plan, which is an individual who is named as a Beneficiary pursuant to Section 8.1 and has an unconditional right to all or a portion of the Participant's Account Balance upon the death of the Participant, and which shall not include a contingent beneficiary. Additionally, dependent shall be limited to the definition under Code Section 152(a), and, for taxable years beginning on or after January 1, 2005, without regard to Code Sections 152(b)(1), (b)(2) and (d)(1)(B). Unforeseeable emergency distribution standard. A distribution on account of unforeseeable emergency may not be made to the extent that such emergency is or may be relieved through reimbursement or compensation from insurance or otherwise; by liquidation of the Participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship; or by cessation of deferrals under the Plan if the cessation of deferrals would alleviate the financial need. (iii) Distribution necessary to satisfy emergency need. Distributions because of an unforeseeable emergency may not exceed the amount reasonably necessary to satisfy the emergency need (which may include any amounts necessary to pay any 25 GN - 020025 Specimen 457(b) Plan Document GPLANLVL—CORRSPND Deferred Compensation Plan Ver 102011 federal, State, or local income taxes or penalties reasonably anticipated to result from the distribution). (b) De minirnis Account Balance Distributions. A Participant before Severance of Employment may request a distribution of his or her total Account Balance (excluding the rollover contribution separate account), which shall be paid in a lump sum payment as soon as practical following the direction if (i) the total Account Balance does not exceed $5,000 (or the dollar limit under Code Section 411(a)(11), if greater), (ii) the Participant has not previously received a distribution of their total Account Balance payable to the Participant under this Section 6.10(b), and (iii) no Annual Deferral has been made with respect to the Participant during the two-year period ending immediately before the date of the distribution. The Plan does not permit the Administrator to direct payments under the terms of this Section 6.10(b) without the Participant's consent. (c) Rollover Account Distributions. If a Participant has a separate account attributable to rollover contributions under the Plan, the Participant before Severance of Employment may at any time elect to receive an inservice distribution of all or any portion of the amount held in the rollover separate account. Any designated Roth contributions rolled over to the Plan are treated as Roth Contributions for Plan purposes and are not eligible for inservice withdrawal under this Section 6.10(c). Is (d) Age 70 '/ Distributions. Prior -to Severance from Employment, a Participant may withdraw all or a portion of his or her Account Balance on or after first day of the calendar year in which the Participant shall attain age 70-1/2. (e) Qualified Military Service Deemed Severance Distributions. The Plan does not permit "qualified military service deemed severance withdrawals". (f) Qualified Military Reservist Distributions The Plan does not permit "qualified military reservist withdrawals". 6.11 Qualified Distributions for Retired Public Safety Officers A Participant who is an "eligible retired public safety officer" may elect to have qualified health insurance premiums deducted from amounts to be distributed to the Participant from the Plan; and to have such amounts paid directly to the insurer or group health plan, subject to the provisions of this Section 6.11. "Qualified health insurance premiums" include premiums for accident and health insurance (including under a self -insured plan) or qualified long-term care insurance contracts for the Participant and the Participant's spouse and dependents. It is intended that, pursuant to Code Section 402(1), the distribution shall be excluded from the Participant's gross income to the extent that the aggregate amount of the distributions does not exceed the amount used to pay the qualified health insurance premiums of the Participant and the Participant's spouse and dependents. 26 GN - 020025 specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 (a) A Participant shall qualify as an "eligible retired public safety officer" for purposes of this Section 6.11 only if the Participant is an individual who separated from service, either by reason of disability (as determined by the Administrator) or after attainment of normal retirement age, as a public safety officer with the Employer. Consequently, a public safety officer who retires before the attainment of normal retirement age is not an eligible retired public safety officer unless the public safety officer retires by reason of disability (as determined by the Administrator). (b) For purposes of this Section 6.11, the term "public safety officer" means an individual serving the Employer in an official capacity, with or without compensation, as a law enforcement officer, a firefighter, a chaplain, or as a member of a rescue squad or ambulance crew. (c) in order to avoid unintended taxation, the aggregate amount that a Participant elects to have directly distributed to an insurer. or group health plan pursuant to this Section 6.11 for any calendar year shall be limited to $3,000. Moreover, for purposes of applying this $3,00O limitation, distributions with respect to the Participant that are used to pay for qualified health insurance premiums from all qualified retirement plans of the Employer shall be aggregated. u J 27 GN - 020025 Specimen 457(b) Plan Document GPLANL VL — CORRSPND Deferred Compensation Plan Ver102011 ® SECTION VII ROLLOVERS AND PLAN TR .NSFERS 7.1 Eligible Rollover Contributions to the Plan (a) A Participant who is an Employee or a Participant who has separated from service and has an Account Balance and who is entitled to receive an eligible rollover distribution from another "eligible retirement plan", as defined in 6.9(b) excluding the direct rollover of after-tax contributions, may request to have all or a portion of the eligible rollover distribution paid to the Plan. The Administrator may require such documentation from the distributing plan as it deems necessary to effectuate the rollover in accordance with Code Section 402 and to confirm that such plan is an "eligible retirement plan" within the meaning of Code Section 402(c)(8)(B). (b) If an Employee makes a rollover contribution to the Plan of amounts that have previously been distributed to him or her, the Employee must deliver to the Administrator the cash that constitutes his or her rollover contribution within 60 days of receipt of the distribution from the distributing "eligible retirement plan". Such delivery must be. made in the manner prescribed by the Administrator. (c) The Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any "eligible retirement plan" that is an ® eligible governmental plan under Code Section 457(b). In addition, the Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan from any "eligible retirement plan" that is not an eligible governmental plan under Code Section 457(b). (d) To the extent that the Plan accepts rollover contributions attributable to Roth Contributions, the Administrator shall account for such contributions separately from other rollover contributions. In administering rollover contributions attributable to Roth Contributions, the Administrator shall be entitled to rely on a statement from the distributing plan's administrator identifying.(i) the Participant's basis in the rolled over amounts and (ii) the date on which the Participant's 5-taxable-year period of participation (as required under Code Section 402A(d)(2) for a qualified distribution of Roth Contributions) started under the distributing plan. If the 5-taxable-year period of participation under the distributing plan would end sooner than the Participant's 5- taxable-year period of participation under the Plan, the 5-taxable-year period of participation applicable under the distributing plan shall continue to apply with respect to the Roth Contributions included in the rollover contribution. Roth Contributions that are rolled over to the Plan shall be subject to the provisions of the Plan applicable to Roth Contributions rather than the provisions of the Plan applicable to rollover contributions. 7.2 Plan -to -Plan Transfers to the Plan ® At the direction of the Employer, the Administrator may permit Participants or Beneficiaries who are participants or beneficiaries in another eligible governmental plan under Code Section 457(b) 28 GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 to transfer assets to the Plan as provided in this Section 7.2. Such a transfer is permitted only if the other plan provides for the direct transfer of each Participant's or Beneficiary's interest therein to the Plan. The Administrator may require in its sole discretion that the transfer be in cash or other property acceptable to the Administrator. The Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with Code Section 457(e)(10) and Treasury Regulation Section 1.457-10(b) and to confirm that the other plan is an eligible governmental plan as defined in Treasury Regulation Section 1.457- 2(f). The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered and otherwise treated in the same manner as an Annual Deferral by the Participant under the Plan, except that the transferred amount shall not be considered an Annual Deferral under the Plan in determining the maximum deferral under Section III. 7.3 Plan -to -Plan Transfers from the Plan (a) At the direction of the Employer, the Administrator may permit Participants or . Beneficiaries to elect to have all or any portion of his or her Account Balance transferred to another eligible governmental plan within the meaning of Treasury Regulatory Section 1.457-2(f), if the other eligible governmental plan provides for the receipt of transfers, the Participant or Beneficiary whose amounts deferred are being transferred will have an amount deferred immediately after the transfer at least equal to the amount deferred with respect to that Participant or Beneficiary immediately before the transfer, and the conditions of subparagraph (i), (h), or (iii) are met. (i) A transfer from the Plan to another eligible governmental plan is permitted in the case of a transfer for a Participant if the Participant has had a Severance from Employment with the Employer and is performing services for the entity maintaining the other eligible governmental plan. (ii) A transfer from the Plan to another eligible governmental plan is permitted if: (A) The transfer is to another eligible governmental plan within the same State as the Plan; (B) All the assets held by the Plan are transferred; and (C) A Participant or Beneficiary whose amounts deferred are being transferred is not eligible for additional annual deferrals in the other eligible governmental plan unless he or she is performing services for the entity maintaining the other eligible governmental plan. (iii) A transfer from the Plan to another eligible governmental plan of the Employer is permitted if: (A) The transfer is to another eligible governmental plan of the Employer (and, for this purpose, an employer is not treated as the Employer if the Participant's compensation is paid by a different entity); and Is 29 GN - 020025 Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 ® (B) A Participant or Beneficiary whose deferred amounts are being transferred is not eligible for additional annual deferrals in the other eligible governmental plan unless he or she is performing services for the entity maintaining the other eligible governmental plan. (b) Upon the transfer of assets under this Section 7.3, the Plan's Liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Administrator may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this Section (for example, to confirm that the receiving plan is an eligible governmental plan under paragraph (a) of this Section 7.3, and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer pursuant to Treasury Regulation Section 1.457-1O(b). 7.4 Permissive Service Credit Transfers (a) If a Participant is also aparticipant in a tax -qualified defined benefit governmental plan (as defined in Code Section 414(d)) that provides for the acceptance of plan -to -plan transfers with respect to the Participant, then the Participant may elect to have any portion of the Participant's Account Balance transferred to the defined benefit governmental plan. A transfer under this Section 7.4(a) may be made before the Participant has had a Severance from Employment and without regard to whether the is applicable benefit governmental plan is maintained by the Employer. The distribution rules applicable to the defined benefit governmental plan to which any amounts are transferred under this Section 7.4 shall apply to the transferred amounts and any benefits attributable to the transferred amounts. El (b) A transfer may be made under Section 7.4(a) only if the transfer is either for the purchase of permissive service credit (as defined in Code Section 415(n)(3)(A)) under the receiving defined benefit governmental plan, including service credit for periods for which there is no performance of services, service credited in order to provide an increased benefit for service credit which a participant is receiving under the plan; and service (including. parental, medical, sabbatical, and similar leave) as an employee (other than as an employee described in Code Section 415(n)(3)(C)(i)) of an educational organization described in Code Section 17O(b)(1)(A)(ii) which is a public, private, or sectarian school which provides elementary or secondary education (through grade 12) or a comparable level of education, as determined under the applicable law of the jurisdiction in which the service was performed, without application of the limitations of Code Section 415(n)(3)(B) in determining whether the transfer is for the purchase of permissive service credit, or a repayment to which Code Section 415 does not apply by reason of Code Section 415(k)(3). 30 GN - 020025 Specimen 457(b) Plan Document GPLANTLVL — CORRSPND Deferred Compensation Plan Ver 102011 SECTION VIII BENEFICIARY 8.1 Designation A Participant has the right, by written notice filed with the Administrator, to designate one or more beneficiaries to receive any benefits payable under the Plan in the event of the Participant's death prior to the complete distribution of benefits. The Participant accepts and acknowledges that he or she has the burden for executing and filing, with the Administrator, a proper beneficiary designation form. The form for this purpose shall be provided by the Administrator. The form is not valid until it is signed, filed with the Administrator by the Participant, and accepted by the Administrator. Upon the Participant filing the form and acceptance by the Administrator, the form revokes all beneficiary designations filed prior to that date by the Participant. If no such designation is in effect upon the Participant's death, or if no designated Beneficiary survives the Participant, the Beneficiary shall be the Participant's estate. 31 GN - 020025 Specimen 457(b) Plan Document GPLANLVL-CORRSPND Deferred Compensation Plan Ver102011 C] 11 ® SECTION IX ADMINISTRATION AND ACCOUNTING 9.1 Administrator The Administrator shall have the responsibility and authority to control the operation and administration of the Plan in accordance with the terms of the Plan, the Code and regulations thereunder, and any State law as applicable. The Administrator may contract with a financially responsible independent contractor to administer and coordinate the Plan under the direction of the Administrator. The Administrator shall have the right to designate a plan coordinator or other party of its choice to perform such services under this agreement as may be mutually agreed" to between the Administrator and the plan coordinator or other party. Notwithstanding any other provisions to the contrary, the Administrator agrees that it shall be solely responsible to the Employer for any and all services performed by a plan coordinator, subcontractor, assignee, or designee under this agreement. The Administrator has full and complete discretionary authority to determine all questions of Plan interpretation, policy, participation, or benefit eligibility in a manner consistent with the Plan's documents, such determinations shall be conclusive and binding on all persons except as otherwise provided by law. ® 9.2 Administrative Costs All reasonable expenses of administration may be paid out of the Plan assets unless paid (or reimbursed) by the Employer. Such expenses shall include any expenses incident to the functioning of the Administrator, or any person or persons retained or appointed by any named fiduciary incident to the exercise of his or her duties under the Plan, including, but not limited to, fees of accountants, counsel, investment managers, agents (including nonfiduciary agents) appointed for the purpose of assisting the Administrator in carrying out the instructions of Participants as to the directed investment of his or her accounts and other specialists and his or her agents, and other costs of administering the Plan. In addition, unless specifically prohibited under statute, regulation or other guidance of general applicability, the Administrator may charge to the Account Balance of an individual a reasonable charge to offset the cost of making a distribution to the Participant, Beneficiary, or Alternate Payee. If liquid assets of the Plan are insufficient to cover the fees of the Administrator, then Plan assets shall be liquidated to the extent necessary for such fees. In the event any part of the Plan assets becomes subject to tax; all taxes incurred will be paid from the Plan assets. Until paid, the expenses shall constitute a liability of the trust fund described in Section 11.1. 9.3 Paperless Administration The Administrator may use telephonic or electronic media to "satisfy any notice requirements required by this Plan, to the extent permissible under regulations (or other generally applicable ® guidance). In addition, a Participant's consent to immediate distribution may be provided through telephonic or electronic means, to the extent permissible under regulations (or other generally 32 GN - 020025 Specimen 457(b) Plan Document GPLANTLVL — CORRSPND Deferred Compensation Plan Ver 102011" applicable guidance). The Administrator also may use telephonic or electronic media to conduct plan transactions such as enrolling participants, making (and changing) salary reduction elections, electing (and changing) investment allocations, and other transactions, to the extent permissible under regulations (or other generally applicable guidance). 11 El 33 GN - 020025 Specimen 457(b) Plan Document GPLANLVL—CORRSPND Deferred Compensation Plan Ver102011 SECTION X AMENDMENTS 10.1 Amendment The Employer may at any time either prospectively or retroactively amend the Plan by notifying Participants of such action. The Employer shall not have the right to reduce or affect the value of any Participant's Account Balance or any rights accrued under the Plan prior to amendment. 10.2 Conformation The Employer shall amend and interpret the Plan to the extent necessary to conform to the requirements of Code Section 457 and any other applicable law, regulation or ruling, including amendments that are retroactive. In the event the Plan is deemed by the Internal Revenue Code to be administered in a manner inconsistent with Code Section 457; the Employer shall correct such inconsistency w2thin the period provided in -Code Section 457(b). 10.3 Plan Termination In the event of the termination of the Plan, all Account Balances shall be disposed to or for the benefit of each Participant or Beneficiary in accordance with the provisions of Section VI or Section VII as soon as reasonably practicable following the Plan's termination. The Employer shall not have the right to reduce or affect the value of any Participant's account or any rights accrued under the Plan prior to termination of the Plan. The Participant's or Beneficiary's written consent to the commencement of distribution shall not be required regardless of the value of his or her Account Balance. 34 GN - 020025 GPLANLVL—CORRSPND Specimen 457(b) Plan Document Deferred Compensation Plan Ver 102011 SECTION M TRUST FUND 11.1 Trust Fund All amounts in a Participant's or Beneficiary's Account Balance, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held and invested in the Trust Fund in accordance with this Plan. The Trust Fund, and any subtrusf established under the Plan, shall be established pursuant to a written agreement that constitutes a valid trust, custodial agreement, annuity contract, or similar agreement under the laws of the State. All investments, amounts, property, and rights held under the Trust Fund shall be held in trust for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. Prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, no part of the assets and income of the Trust Fund may be used for, or diverted to, for purposes other than for the exclusive benefit of Participants and their Beneficiaries. The Employer has no beneficial interest in the Trust Fund and no part of the Trust Fund shall ever revert to the Employer, directly or indirectly, provided, however, that a contribution or any portion thereof made by the Employer through a mistake of fact under Section 12.4 shall upon written request of the Employer, reduced by losses attributable thereto, shall be returned to the Employer. 35 GN - 020025 Specimen 457(b) Plan Document GPLANLVL—CORRSPND Deferred Compensation Plan Ver 102011 r"1 LJ C J E SECTION K I MISCELLANEOUS 12.1 Non -Assignability Except as provided in Sections 12.2 and 12.3, no benefit under the Plan at any time shall be subject in any manner to anticipation, alienation, assignment (either at law or in equity), encumbrance, garnishment, levy, execution, or other legal or equitable process; and no person shall have power in any manner to anticipate, transfer, assign (either law or in equity), alienate or subject to attachment, garnishment, levy, execution, or other legal or equitable process, or in any way encumber his or her benefits under the Plan, or any part thereof. and any attempt to do so shall be void except to such extent as may be required by law. 12.2 Domestic Relation Orders The Employer shall establish reasonable procedures to determine the status of domestic relations orders and to administer distributions under domestic relations orders which are deemed to be qualified orders. Such procedures shall be in writing and shall comply with the provisions of Code Section 414(p) and regulations issued thereunder. Notwithstanding Section 12.1, the Administrator may.affect a Participant's Account Balance for a "qualified domestic relations order" as defined in Code Section 414(p), and those other ® domestic relations orders permitted to be so treated by the Administrator under the provisions of the Retirement Equity Act of 1984. The amount of the Participant's Account Balance shall be paid in the manner and to the person or persons so directed in the qualified domestic relations order. Such payment shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. 11 12.3 IRS Levy Notwithstanding Section 12.1, the Administrator may pay from a Participant's or Beneficiary.s Account Balance the amount that the Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service to the Plan with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 12.4 Mistaken Contributions Notwithstanding any other provision of the Plan or the Trust Fund to the contrary, in the event anv contribution of an Employer is made under a mistake of fact (and not a Plan operational error), such contribution may be returned to the Employer within one year after the payment of the contribution. Earnings attributable to the excess contribution may not be returned to the Employer, but losses attributable thereto must reduce the amount to be so returned. GN - 020025 GPLANILVL = CORRSPND 36 Specimen 457(b) Plan Document Deferred Compensation Plan Ver 102011 12.5 Employment Neither the establishment of the Plan nor any modification thereof, nor the establishment of any account, nor the payment of any benefits, shall be construed as giving to any Participant or other person any legal or equitable right against the Employer except as herein provided; and, in no event, shall the terms or employment of any Employee be modified or in any way affected hereby. 12.6 Successors and Assigns The Plan shall be binding upon and shall inure to the benefit of the Employer, its successors and assigns, all Participants and Beneficiaries and their heirs and legal representatives. 12.7 Written Notice Any notice or other communication required or permitted under the Plan shall be in writing, and if directed to the Administrator shall be sent to the designated office of the Administrator, and, if directed to a Participant or to a Beneficiary, shall be sent to such Participant or Beneficiary at his or her last known address as it appears on the Administrator's record. To the extent permitted by law, regulation or other guidance from an appropriate regulatory agency, the Administrator, Employer or any other party may provide any notice or disclosure, obtain any authorization or consent, or satisfy any other obligation under the Plan through the use of any other medium — acceptable to the Administrator. Such other medium may include, but is not necessarily limited to, electronic or telephonic medium. In addition, any communication or disclosure to or from Participants or Beneficiaries that is required under the terms of the Plan to be made in writing may be provided in any other medium (electronic, telephonic, or otherwrise) that is acceptable to the Administrator and permitted under applicable law. 12.8 Total Agreement This Plan and Participant deferral election, and any subsequently adopted Plan amendment thereof, shall constitute the total agreement or contract between the Employer and the Participant regarding the Plan. No oral statement regarding the Plan may be relied upon by the Participant. 12.9 Gender As used herein the masculine shall include the neuter and the feminine where appropriate. 12.10 Controlling Law This Plan is created and shall be construed, administered and interpreted in accordance with Code Section 457 and the regulations thereunder, and under laws of the State as the same shall be at the time any dispute or issue is raised. If any portion of this Plan is held illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder shall be unaffected. [) 37 GN - 020025 Specimen 457(b) Plan Document GPLANLVL—CORRSPND - - Deferred Compensation Plan Ver 102011 LI IN WITNESS WHEREOF, the Employer has executed this Plan document this / TG/ day of DECEMAEl2 �O// City of Morro Bay SEAL By dZaV2Z Name VCU 5RrV 5L v Toi✓ Title P,Dmm/STRF?T/VE SERV/CG-SD/R Attest: '� Title 6 (Witness) 38 GN - 020025 _ Specimen 457(b) Plan Document GPLANLVL — CORRSPND Deferred Compensation Plan Ver 102011 457(b) PLAN DOCUMENT CERTIFICATION This form must be submitted to The Hartford along with your signed Specimen document. Employer Name: City of Morro Bay Plan Name: City of Morro Bay Deferred Compensation Plan Effective Date of Plan: December 1, 2011 Hartford Group Number: 020025 Please select one of the following below: j8( I, the undersigned employer representative, certify that the employer has adopted The Hartford's specimen 457(b) Plan Document without any modifications and have provided The Hartford with a copy of the adopted plan document. ❑ I, the undersigned employer representative, certify that the employer has adopted The Hartford's specimen 457(b) Plan Document with modifications and have provided The Hartford with a copy of the adopted document. I understand that the modifications will need to be approved by The Hartford to ensure that they conform to our Contract and Administrative Services Agreement with The Hartford, and their record keeping system and product. Tbe. provisions we have modified are as follows: Plan Selections Modifications Name of Authorized Signer: (please print) Signature: tte: /ia I GN - 020025 GPLANLVL-CORRSPND r3 u 11 RESOLUTION NO. 01-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay desires to prudently invest the idle funds of the City to maximize the 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, for a period of one year .subject to annual review and monthly review of transactions initiated by the designee. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Morro Bay that the Statement Policy, attached hereto. is adopted, and that the City Treasurer is hereby authorized to carry out this policy on behalf of the City Council PASSED AND ADOPTED by the City Council of the City of Morro Bay, on the 10's day of January, 2012, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: aY11� JAPE BOUCHER, City Clerk