HomeMy WebLinkAbout1-22-13 Agenda Packet1
City of Morro Bay
City Council Agenda
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Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life.
The City shall be committed to this purpose and will provide a level of municipal service and
safety consistent with and responsive to the needs of the public.
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REGULAR MEETING
JANUARY 22, 2013
CLOSED SESSION
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8; PROPERTY TRANSACTIONS
Instructing City’s real property negotiator regarding the price and terms of payment for
the purchase, sale, exchange, or lease of real property as to three parcels.
Property: Lease Site 30W-33W - Bay Front Marina
Negotiating Parties: Coakley and City of Morro Bay
Negotiations: Lease Terms and Conditions
Property: 315 Main Street
Negotiating Parties: Meisterlin and City of Morro Bay
Negotiations: Lease Terms and Conditions
Property: Vacant Lot/Corner of Coral/San Jacinto
Negotiating Parties: Potential Buyers and City of Morro Bay
Negotiations: Voluntary Purchase and Sale
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
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PUBLIC SESSION
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on
City business matters (other than Public Hearing items under Section B) may do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
When recognized by the Mayor, please come forward to the podium and state your
name and address for the record. Comments are to be limited to three minutes.
All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
The Council respectfully requests that you refrain from making slanderous, profane or
personal remarks against any elected official, commission and/or staff.
Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be requested
to leave the meeting.
Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72 hours
prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility
to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF CITY COUNCIL MINUTES FOR THE SPECIAL CITY COUNCIL
MEETING OF JANUARY 3, 2013 AND THE REGULAR MEETING OF JANUARY 8,
2013; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
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A-2 RECONSIDERATION OF APPOINTMENT OF REPRESENTATIVES ON THE
DISCRETIONARY BOARDS, COUNCIL LIAISON ASSIGNMENTS AND
COUNCIL SUB-COMMITTEES; (CITY COUNCIL)
RECOMMENDATION: Appoint Councilmember Christine Johnson to the Chamber of
Commerce Economic Development Committee.
A-3 APPROVAL OF RESOLUTION NO. 10-13 DIRECTING A TIMELINE FOR
COMPLETION OF CAPITAL PROJECTS APPROVED BY THE CITY COUNCIL
AND RESCINDING RESOLUTION NO. 45-12; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 10-13.
A-4 RESOLUTION NO. 09-13 AUTHORIZING SUBMISSION OF RURAL TRANSIT
FUND GRANT APPLICATION; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 09-13
A-5 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
SUPPORTING THE START BY BELIEVING PUBLIC AWARENESS CAMPAIGN;
(ADMINISTRATION)
RECOMMENDATION: Present Proclamation.
A-6 PRESENTATION BY THE NEP
RECOMMENDATION: Receive presentation; no action is required.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 ORDINANCE NO. 582 INTRODUCTION AND FIRST READING – REPEALING
AND REPLACING MORRO BAY MUNICIPAL CODE SECTIONS 5.28 AND 5.30
WITH NEW SECTION 5.30 RELATING TO VIDEO SERVICE PROVIDERS;
(PUBLIC SERVICES)
RECOMMENDATION: Accept public comment and then move for introduction and
first reading of Ordinance 582.
C. UNFINISHED BUSINESS - None
D. NEW BUSINESS
D-1 DISCUSSION AND REVIEW OF RESOLUTION NO. 45-11, “ESTABLISHING A
THREE YEAR MORATORIUM FOR THE PAYMENT OF DEVELOPMENT
IMPACT FEES FOR COMMERCIAL PROJECTS WITHIN A COMMERCIAL ZONE
DISTRICT” AND RESOLUTION NO. 52-12, “ESTABLISHING A REDUCTION FOR
THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR RESIDENTIAL
PROJECTS”; (PUBLIC SERVICES)
RECOMMENDATION: Review Councils’ past actions and provide direction to staff.
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D-2 APPROVAL OF AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE
MORRO BAY TOURISM BUREAU TO PROVIDE SERVICES TO THE MORRO
BAY TOURISM BUSINESS IMPROVEMENT DISTRICT; (CITY ATTORNEY)
RECOMMENDATION: Approve the Agreement attached hereto between the City of
Morro Bay and the Morro Bay Tourism Bureau for the purpose of providing
services for the Morro Bay Tourism Business Improvement District (MBTBID).
D-3 APPROVAL OF AGREEMENT BETWEEN THE CITY AND THE MORRO BAY
TOURISM BUREAU TO FUND THE VISITOR CENTER; (CITY ATTORNEY)
RECOMMENDATION: Approve the Agreement attached hereto between the City of
Morro Bay and the Morro Bay Tourism Bureau to fund the Visitor Center.
D-4 APPROVAL OF ASSIGNMENT OF CONTRACT WITH BARNETT COX &
ASSOCIATES FOR ADVERTISING AND MARKETING SERVICES TO THE
MORRO BAY TOURISM BUREAU; (CITY ATTORNEY)
RECOMMENDATION: Approve the attached Assignment to transfer the contract
between the City of Morro Bay and Barnett Cox & Associates for Advertising and
Marketing Services to the Morro Bay Tourism Bureau.
D-5 DISCUSS THE JANUARY 10TH, 2013 CALIFORNIA COASTAL COMMISSION
HEARING AND DECISION ON THE CITY OF MORRO BAY AND CAYUCOS
SANITARY DISTRICT WWTP APPLICATION, CURRENT WWTP NEEDS,
REGULATION REQUIREMENTS, AND A FUTURE WWTP, AND PROVIDE
DIRECTION TO STAFF ON THE ABOVE; (CITY COUNCIL)
RECOMMENDATION: Discuss the decision of the California Coastal Commission, our
current WWTP needs and regulation requirements, and future WWTP as it relates
to the City of Morro Bay and Cayucos and provide direction to staff.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME
SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY
REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6205 FOR FURTHER INFORMATION.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL
AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION
AT CITY HALL LOCATED AT 595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625
HARBOR STREET; AND MILL’S COPY CENTER LOCATED AT 495 MORRO BAY BOULEVARD
DURING NORMAL BUSINESS HOURS.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL
ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S
OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING.
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING – JANUARY 3, 2013
VETERAN’S MEMORIAL HALL – 6:00P.M.
Mayor Irons called the meeting to order at 6:00 p.m.
PRESENT: Jamie Irons Mayor
Christine Johnson Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
Jamie Boucher City Clerk
Rob Livick Public Services Director
Amy Christey Police Chief
Steve Knuckles Fire Captain
I. ESTABLISH QUORUM AND CALL TO ORDER
II. MOMENT OF SILENCE
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC COMMENT
The following speakers spoke in support of approving Resolution 07-13, supporting the
California Coastal Commission staff’s recommendation for denial of Application Number A-3-
MRB-11-001: Betty Winholtz, Dorothy Cutter, David Weisman, Richard Sadowski, Julie
Tacker, Marla Jo Bruton, Matt Makowetski, Walter Heath, Glen Siloway, Marlis McPherson,
Abbie Diodatti, Michael Lucas, Brad Snook, Jen and Travis Ford, Barry Brannon, Karen Croley,
Don Boatman, David Nelson, Barbara Doerr, Bob Tefft, Amy Burton, Steve Griffith, Nancy
Bast, Nicole Dorfman, Jane Heath, Bill Martoni, Mandy Davis, Bill Weatherford, Steve
Hennigh, Alex Beattie, Bob Swain and John Diodatti. Reasons for the support of the denial
included the following: sea-level rise, located in a flood plain, located in a tsunami zone,
improper zoning for facility, seismic considerations, the drinking water aquifer is being polluted,
need to look to the future, shouldn’t be built on prime ocean-front land, need to consider 21st
century technology, the smell is ridiculous, erosion impacts, project doesn’t include recycled
water, project needs to recharge our groundwater, project needs to provide the ability to reclaim
the water, we need to care for our ocean environment and possible depreciation of property
values.
The following speakers spoke in support of terminating the Agreements with Dudek, McCabe
and/or Delzeit for Wastewater Treatment Plant Project Consultant Services: Betty Winholtz,
Dorothy Cutter, David Weisman, Julie Tacker, Marla Jo Bruton, Michael Lucas, Karen Croley,
Barbara Doerr, Bob Tefft, Steve Griffith, Mandy Davis, Steve Hennigh, and Alex Beattie.
The following speakers spoke in support of requesting the California Coastal Commission’s
approval of Application Number A-3-MRB-11-001: Rob Kitzman, John Galarde, Garry Johnson
AGENDA NO: A-1a MEETING DATE: 1/22/2013
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MINUTES - MORRO BAY CITY COUNCIL – JANUARY 3, 2013
and Sandy Tannler. Reasons for the support of approval included: the outfall line needs to be
protected at all costs, gravity issue of pumping the waste to an uphill site, costs, and Righetti
property is too far away. The question also arose that if the area poses such a threat, what about
the high school and cloisters areas?
Mayor Irons closed the public comment period.
Items VII and VIII were moved to the beginning of the agenda at this time.
VII. APPROVAL OR DENIAL OF RESOLUTION NO. 07-13 OF THE CITY COUNCIL OF
THE CITY OF MORRO BAY, CALIFORNIA REQUESTING CALIFORNIA
COASTAL COMMISSION DENIAL OF APPLICATION NUMBER A-3-MRB-11-001
Mayor Irons presented an amended redlined version of Resolution No. 07-13 largely based on
comments received.
Councilmember Nancy Johnson requested additional language be added to the “Now Therefore
be it Resolved” language and change it to read “Now, Therefore, be it Resolved, that the City
Council of Morro Bay supports the Coast Commission staff report on application and formally
requests additional time to develop the most appropriate project.” She also felt that the word
“declined” was too strong in the 15th “Whereas”; “…Cayucos Sanitary District declined to
attend said meeting…” and hoped that we could soften the statement by taking out that word.
She finished by stating that if we read the Coastal Commission staff summary then we need to
realize that nothing can ever be built on the current property.
Councilmember Leage agreed with Councilmember Nancy Johnson comments about the lack of
need for this meeting. He doesn’t feel this fosters a good relationship with Cayucos. He also
feels that no matter what decisions are made tonight, it won’t change the Coastal Commission’s
mind.
Councilmember Smukler feels it’s important for us on behalf of the citizens of Morro Bay as
well as staff to come up with a formal statement affirming a clear message and action plan as the
direction of the project has changed. He proposed the word “unable” to replace the word
“declined”. He is in support of Resolution 07-13 as presented in its amended form.
Councilmember Christine Johnson is comfortable with the way that Resolution 07-13 is written
and is willing to accept an amendment to the word “decline”.
Mayor Irons stands by his original statement in the “Now, Therefore Be It Resolved…” section
of the Resolution.
MOTION: Councilmember Smukler moved approval of Resolution 07-13 with the
amended language as found in the redlined version as well as replace the word “…the
Cayucos Sanitary District declined…” with “the Cayucos Sanitary District was unable
to ...”. The motion was seconded by Councilmember Christine Johnson and carried 3-2
with Councilmembers Nancy Johnson and Leage voting no.
VIII. APPROVAL OR DENIAL OF RESOLUTION NO. 08-13 OF THE CITY COUNCIL OF
THE CITY OF MORRO BAY, CALIFORNIA REQUESTING CALIFORNIA
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MINUTES - MORRO BAY CITY COUNCIL – JANUARY 3, 2013
COASTAL COMMISSION APPROVAL OF APPLICATION NUMBER A-3-MRB-11-
001
MOTION: Councilmember Nancy Johnson moved approval of Resolution 08-13.
The motion was seconded by Councilmember Leage and failed 2-3 with Councilmembers
Christine Johnson, Smukler and Mayor Irons voting no.
V. DISCUSSION AND DIRECTION RELATING TO CONTINUING OR
TERMINATING THE AGREEMENT WITH DUDEK, MCCABE, AND/ OR DELZEIT
FOR WASTEWATER TREATMENT PLANT PROJECT CONSULTANT SERVICES
Councilmember Christine Johnson feels that we should tell McCabe that she no longer should be
pursuing the project for Morro Bay. As far as Dudek and Delzeit, if we take the denial forward
then we would very likely terminate those contracts but it would first be good to vet their
information/knowledge that they have gained to date.
Councilmember Nancy Johnson stated that it takes a 10 day notice to terminate, the Coastal
Commission meets within that 10 day period – she feels this is a subject for a JPA meeting and
she isn’t sure that we have the ability/right to terminate a contract held with the JPA. She also
felt that since most of the money had already been paid out, why terminate them now as they
may prove to be important to us in the future.
Councilmember Smukler feels there is existing value to the work that both Delzeit and Dudek
have generated for the City. That work can be used as a launching pad for work towards
alternative sites. As it stands now though, and with the approval of the Resolution tonight, he
feels we are ready to sever our relationship with all three consultants now as we move forward.
City Attorney Rob Schultz stated that the City does have the ability to terminate the Morro Bay
portion of the consultant contracts as the contracts are 3 party contracts; not a single contract
between the consultants and the JPA.
Mayor Irons brought up the concept of suspension of contracts versus termination of contracts to
which City Attorney Rob Schultz responded that the City could do either; however, it would be
important to give clear direction to said consultants if the intent was to suspend the contracts.
As to the question of suspension versus termination, Councilmember Smukler supported
termination; Councilmember Christine Johnson supported termination; Councilmember Leage
feels that by terminating, we are driving a wedge between us and Cayucos, none of these
decisions should be made without having Cayucos involved.
MOTION: Councilmember Smukler moved to terminate the contracts with Dudek,
McCabe and Delzeit for Wastewater Treatment Plant project consultant services. The
motion was seconded by Councilmember and failed 2-3 with Mayor Irons, and
Councilmembers Nancy Johnson and Leage voting no.
Mayor Irons preferred suspension of the contracts as he would prefer being able to have a
discussion with the entire JPA board level before taking action.
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MINUTES - MORRO BAY CITY COUNCIL – JANUARY 3, 2013
Councilmember Smukler felt it very important that we do take some kind of formal action or the
consultants may very likely continue on with their efforts on behalf of the project.
MOTION: Mayor Irons moved to suspend the contracts with the current consultants,
Dudek, Delzeit and McCabe with the direction that no work can be performed on behalf
of the City of Morro Bay until the two boards can convene and discuss these contracts.
The motion was seconded by Councilmember Christine Johnson and carried 3-2 with
Councilmembers Nancy Johnson and Leage voting no.
VI. DISCUSSION AND DIRECTION RELATING TO THE CITY’S ROLE, POSITION
AND PARTICIPATION AT THE JANUARY 10, 2013 COASTAL COMMISSION
HEARING ON THE WASTEWATER TREATMENT PLANT PROJECT
Councilmember Christine Johnson hoped to have a joint comment period/presentation where a
Councilmember and the City Manager express the change that’s happened in Morro Bay. She
would like to move forward in a way that has staff and Mayor or Councilmember working
together on any kind of presentation that is made at the meeting.
Councilmember Smukler agrees completely with Councilmember Christine Johnson.
Mayor Irons would like to take the message forward along with the City Manager in presenting
the City’s Resolution during the applicant presentation portion of the meeting.
ACTION: Mayor Irons and City Manager Andrea Lueker would attend the California
Coastal Commission hearing and present the City’s new position on the Wastewater
Treatment Plant Project during the applicant portion of the agenda.
Councilmember Nancy Johnson requested her final comment be read into the record: “Since it
would appear that we will be starting over again with a new plant at a new location, it is
impossible to really know how this project will eventually end up. There is a chance that we
could be involved in protracted litigation with the Cayucos Sanitary District, the permitting
process could bog down and take years and costs could skyrocket. For the sake of our citizens I
truly hope that this does not happen. In your perfect world, maybe you will be able to get the
folks in Cayucos to come around to your way of thinking, you will find a good location, all the
permits will be fast tracked and you will build a state of the art water reclamation plant quickly
and for a reasonable cost. Only time will tell. However, after tonight’s vote, there is one thing
that I am certain about. At the conclusion of this meeting, for better or worse the three of you
will own this project. Thank You”
VII. ADJOURNMENT
The meeting adjourned at 8:43 p.m.
Recorded by:
Jamie Boucher
City Clerk
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING – JANUARY 8, 2013
VETERAN’S MEMORIAL HALL – 6:00P.M.
Mayor Irons called the meeting to order at 6:00 p.m.
PRESENT: Jamie Irons Mayor
Christine Johnson Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
Jamie Boucher City Clerk
Rob Livick Public Services Director
Amy Christey Police Chief
Mike Pond Fire Chief
Steve Knuckles Fire Captain
Susan Slayton Administrative Services Director
Joe Woods Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
Consent Calendar items A-7 and A-8 were pulled in order for Mayor Irons to present
Proclamations to retiring City employees, Sergeant Manny Silva and Fire Chief Mike Pond.
There was a request from Mayor Irons to hear a Special Emergency Item regarding a request
from the Cayucos Sanitary District to discuss the potential withdrawal of our Wastewater
Treatment Plant Project application. This would take a 4/5th vote to be heard.
MOTION: Councilmember Nancy Johnson moved that Council add an item to the agenda
to entertain discussions regarding the Cayucos Sanitary District’s withdrawal of the
Wastewater Treatment Plant project application. The motion was seconded by
Councilmember Leage and failed 3-2 with Councilmembers Christine Johnson and Smukler
voting no.
CLOSED SESSION REPORT – City Attorney Robert Shultz reported that City Council met in
Closed Session and no reportable action under the Brown Act was taken.
AGENDA NO: A-1b MEETING DATE: 1/22/2013
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MINUTES - MORRO BAY CITY COUNCIL – JANUARY 8, 2013
PUBLIC COMMENT
Rose Morrison, owner of New Asian Gourmet, presented the Morro Bay Business Report.
Located at 430 Morro Bay Blvd, they serve Chinese, Thai and Japanese food. They use locally
grown fresh vegetables. They are open Thursday – Sunday for lunch and dinner from 1130am-
8pm. She hopes people will visit them soon and give them a try.
Garry Johnson expressed his concern with where we are going with our wastewater treatment
plant. He is confused with why the PERC plant was thought to be an option at the current site
but that same site isn’t an option for a new wastewater treatment plant. He is also concerned that
the Coastal Commission’s denial made the current site’s property useless. He believed that
Morro Bay should have joined with Cayucos and withdrawn the project.
Marlis McPherson is the Chair of the Winter Bird Festival which begins on Friday, January 18th
and runs through Monday, January 21st. To date they have 504 people registered, most of them
from out of the county. She also thanked the City for co-sponsoring the event.
Marla Jo Bruton requested that Item A-4 be pulled (Award of Contract to Specialty Construction,
Inc of San Luis Obispo, CA for the Project No. MB-2012-W1: 2012 City Water Treatment Plant
Improvements) so that it can be discussed. She feels that the City doesn’t have a valid permit for
the operation of the plant which leads to legal concerns that need to be addressed.
Mandy Davis applauded the Council’s decision they came to at their last meeting. She also
encouraged Council to show up at the Coastal Commission hearing on Wednesday, January 9th
to speak on the PG&E Seismic project supporting the suspension of all seismic testing in the
area.
Betty Winholtz spoke on Item D-1 (Resolution No. 01-13 Adopting the City of Morro Bay
Investment Policy and Delegating Authority to the City Treasurer to Invest Funds) and Item D-2
(Resolution No. 02-13 Authorizing the Examination of Sales or Transactions and Use Tax
Records). Both items state that the Council will receive less financial information and receive it
less frequently which she cautions against doing. She also spoke on Item D-3 (Discussion of the
Goal Setting Workshop Process and Timeline for 2013). She is very strong believer of goal
setting and encourages staff to look at facilitators that charge less.
Brian Stacy spoke on the PG&E Seismic Surveys. He feels this entire process has been a failure
of government at all levels. The fisherman, the City, and businesses have all been deprived of
mitigation measures.
Barbara Doerr spoke on Item A-5 (Resolution No. 05-13 Approving Amendment #3 to the Lease
Agreement for Lease Site 50-51/50W-51W located at 451 Embarcadero) wondering what the
City benefit would be to approve this. She also feels the City is setting a bad precedent for future
leases by allowing them to make this change.
Cathy Novak thanked both Sergeant Manny Silva and Chief Mike Pond for all their years of
service and for all they have done.
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MINUTES - MORRO BAY CITY COUNCIL – JANUARY 8, 2013
Bob Doerr thanked the Fire Department for their quick response to a request for medical aid at
the golf course that morning.
Mayor Irons closed the public comment period.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF CITY COUNCIL MINUTES FOR THE SPECIAL CITY COUNCIL
MEETING OF DECEMBER 10, 2012 AND THE REGULAR MEETING OF
DECEMBER 11, 2012; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 03-13 ADOPTING THE VANTAGECARE RHS EMPLOYER
INVESTMENT PROGRAM (EIP) FOR PRE-FUNDING OTHER
POSTEMPLOYMENT BENEFITS (OPEB); (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution 03-13.
A-3 RESOLUTION NO. 04-13 AUTHORIZING A CONTRACT AMENDMENT WITH
ICMA-RC TO ALLOW EMPLOYEE LOANS ON 457 DEFERRED COMPENSATION
ACCOUNTS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 04-13.
A-4 AWARD OF CONTRACT TO SPECIALTY CONSTRUCTION, INC OF SAN LUIS
OBISPO, CA FOR THE PROJECT NO. MB-2012-W1: 2012 CITY WATER
TREATMENT PLANT IMPROVEMENTS; (PUBLIC SERVICES)
RECOMMENDATION: Award the Project contract to Specialty Construction in the
amount of $995,278.
A-5 RESOLUTION NO. 05-13 APPROVING AMENDMENT #3 TO THE LEASE
AGREEMENT FOR LEASE SITE 50-51/50W-51W LOCATED AT 451
EMBARCADERO (WHIBLEY); (HARBOR)
RECOMMENDATION: Adopt Resolution 05-13.
A-6 RESOLUTION NO. 06-13 AMENDING THE SAN LUIS OBISPO TRANSIT
AUTHORITY JOINT POWERS AGREEMENT; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution 06-13.
A-7 A PROCLAMATION OF THE CITY OF MORRO BAY COMMENDING AND
HONORING POLICE SERGEANT MANUAL A. SILVA ON HIS RETIREMENT;
(ADMINISTRATION)
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MINUTES - MORRO BAY CITY COUNCIL – JANUARY 8, 2013
RECOMMENDATION: Present Proclamation.
A-8 A PROCLAMATION OF THE CITY OF MORRO BAY COMMENDING AND
HONORING FIRE CHIEF MICHAEL S. POND ON HIS RETIREMENT;
(ADMINISTRATION)
RECOMMENDATION: Present Proclamation.
Councilmember Christine Johnson pulled Item A-1a from the Consent Calendar.
Councilmember Smukler pulled Items A-4 and A-5 from the Consent Calendar.
MOTION: Councilmember Nancy Johnson moved the City Council approve Items A-
2, A-3, A-6, A-7 and A-8 of the Consent Calendar as presented. The motion was
seconded by Councilmember Smukler and carried unanimously 5-0.
A-1 APPROVAL OF CITY COUNCIL MINUTES FOR THE SPECIAL CITY COUNCIL
MEETING OF DECEMBER 10, 2012 AND THE REGULAR MEETING OF
DECEMBER 11, 2012; (ADMINISTRATION)
Councilmember Christine Johnson pulled this item to point out 3 amendments to Item A-1a, the
December 11, 2012 minutes. She had already spoken to the City Clerk and as the amendments
covered the clarification of names only with no content changes, the amendments were made.
MOTION: Councilmember Christine Johnson moved for approval of Item A-1 and A-
1a with amendments as discussed. The motion was seconded by Mayor Irons and carried
unanimously 5-0.
A-4 AWARD OF CONTRACT TO SPECIALTY CONSTRUCTION, INC OF SAN LUIS
OBISPO, CA FOR THE PROJECT NO. MB-2012-W1: 2012 CITY WATER
TREATMENT PLANT IMPROVEMENTS; (PUBLIC SERVICES)
Councilmember Smukler pulled this item to allow staff to elaborate on the questions raised by
the public. Public Services Director Rob Livick provided an update on the plant’s permit status.
MOTION: Councilmember Smukler moved for approval of Item A-4 as presented.
The motion was seconded by Councilmember Christine Johnson and carried unanimously
5-0.
A-5 RESOLUTION NO. 05-13 APPROVING AMENDMENT #3 TO THE LEASE
AGREEMENT FOR LEASE SITE 50-51/50W-51W LOCATED AT 451
EMBARCADERO (WHIBLEY); (HARBOR)
Councilmember Smukler pulled this item to allow staff to elaborate on the questions raised by
the public. City Attorney Rob Schultz provided information regarding the lease site amendment
request.
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MINUTES - MORRO BAY CITY COUNCIL – JANUARY 8, 2013
MOTION: Councilmember Smukler moved for approval of Item A-5 as presented.
The motion was seconded by Mayor Irons and carried unanimously 5-0.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE
C. UNFINISHED BUSINESS - NONE
D. NEW BUSINESS - NONE
D-1 RESOLUTION NO. 01-13 ADOPTING THE CITY OF MORRO BAY INVESTMENT
POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO
INVEST IDLE FUNDS; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton presented her staff report.
Both Councilmembers Nancy Johnson and Smukler asked if Ms. Slayton could bring the
portfolio forward as part of the quarterly report.
MOTION: Councilmember Smukler moved approval of Resolution 01-13, with the
adjustment to the reporting component that the portfolio is presented to Council on a
quarterly basis. The motion was seconded by Councilmember Nancy Johnson and
carried unanimously, 5-0.
D-2 RESOLUTION NO. 02-13 AUTHORIZING THE EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORDS; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton presented her staff report.
Councilmember Nancy Johnson feels it’s important for Council to continue to receive this
information. She also noted that, the Council is used to receiving confidential information. She
feels this information is important as we gauge and try to help out our local economic climate.
Councilmember Smukler is comfortable with what is proposed as long as Council still receives
the generalized category and/or geographical category information.
Councilmember Leage agrees with Councilmember Nancy Johnson. There haven’t been any
problems in the past and sees no reason to make any changes at this time.
Mayor Irons doesn’t see a need to have information for a specific business. He also understands
the reasons for this action are to protect Council. Also, he believes there has to be a reason most
cities don’t do this. He is inclined to remove Councilmembers from the list.
MOTION: Mayor Irons moved approval of Resolution No. 02-13 as presented. The
motion was seconded by Councilmember Christine Johnson and carried 3-2 with
Councilmembers Nancy Johnson and Leage voting no.
D-3 DISCUSSION OF THE GOAL SETTING WORKSHOP PROCESS AND TIMELINE
FOR 2013; (ADMINISTRATION)
6
MINUTES - MORRO BAY CITY COUNCIL – JANUARY 8, 2013
City Manager Andrea Lueker presented the staff report.
Councilmember George Leage feels that the money spent last year didn’t produce any results.
He also feels this could be done in-house, as an agendized item and could be facilitated by the
Mayor.
Councilmember Christine Johnson shares some of the same thoughts as Councilmember Leage
and feels the process could be done in-house with our staff facilitating. She believes in a very
strong goal setting process including a very strong public role. She also sees value to team
building exercises and feels the money might be better spent on those activities.
Councilmember Nancy Johnson agrees with Councilmember Leage but also feels that much was
accomplished as a result of last year’s goal setting process. She thinks we could do it here at the
Council level. She firmly believes that we should adhere to the $5,000 that was budgeted. She
also feels that if we move forward with this process, we should postpone it for awhile as she
feels it may take some time for this Council to come to consensus on issues. She also feels that
the public participation component can be done as part of an agenda item at a City Council
meeting.
Councilmember Smukler is a big fan of the goal setting process. The results can send a clear
message to staff prior to the budget process as the information discussed can help them in the
preparation of their department budgets. Given the prices provided, he thinks that financially,
we shouldn’t go beyond the budgeted $5,000. He feels it would be important to have a neutral,
outside person to facilitate the process. He also feels we can improve on the public comment
and public participation component.
Mayor Irons feels that a public goal setting workshop is important as it relates to community.
Without setting goals, how will Council and staff get anything done? He also feels it is best to
have it facilitated by someone outside of staff as he feels a facilitator will help us get the most
out of the process; and, they will be able to guide us through the workshops to help identify our
goals outside of/ in addition to the wastewater treatment plant project. He too, would like to see
us stay within the $5,000 budget. Other reasons for the need of a facilitator include: time
constraints for all of Council and staff; and, the ability for a neutral party to put together the list
of goals that everybody has had input on.
Councilmember Christine Johnson is comfortable with contracting out if it’s within the budget.
She wondered if it would be possible to blend with in-house and outside facilitation.
Councilmembers Nancy Johnson, Christine Johnson and Smukler are all willing to contract with
Mr. Maruska if he is willing to work within the $5,000 budget. It was also felt that his
experience with Morro Bay would be helpful.
Councilmember Leage continued with the thought that Mayor Irons could be a good facilitator.
Councilmember Nancy Johnson feels that we could save some money by having the public input
part of the process as a part of a public hearing at a City Council meeting. It is also important to
7
MINUTES - MORRO BAY CITY COUNCIL – JANUARY 8, 2013
advertise this well, in an effort to have as wide a cross section of people as possible attend. She
is unavailable on February 27th.
Councilmember Smukler feels it is important to have the public have a chance to comment early
to help guide the conversations as well as a second chance to comment as the information is
defined and we get closer to the final product. He is available for all dates provided.
Councilmember Christine Johnson feels that a public component early is important. She is
available for all dates provided. She also wondered if the potential of meeting on Saturdays
could be looked into.
Councilmember Leage also wants to hear public comment but continues to feel the goal setting
could be done in-house during a Council meeting. He is available for all dates provided.
It is Mayor Iron’s intent to allow for 2 opportunities for public input; an early public workshop
as well as a follow-up. One of these could possibly occur at a City Council meeting. He hopes
that the City is able to work with the consultant to iron out the costs. He requested that
Saturdays be looked into as a meeting date option. He is available for all dates provided.
MOTION: Mayor Irons moved approval of a contract with Don Maruska & Company
for the City’s goal setting process not to exceed $5,000. The motion was seconded by
Councilmember Smukler and carried 3-2 with Councilmembers Nancy Johnson and
Leage voting no.
D-4 DISCUSSION AND REVIEW OF RESOLUTION NO. 45-11, “ESTABLISHING A
THREE YEAR MORATORIUM FOR THE PAYMENT OF DEVELOPMENT
IMPACT FEES FOR COMMERCIAL PROJECTS WITHIN A COMMERCIAL ZONE
DISTRICT” AND RESOLUTION NO. 52-12, “ESTABLISHING A REDUCTION FOR
THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR RESIDENTIAL
PROJECTS”; (PUBLIC SERVICES)
This item was pulled from the agenda prior to the start of the meeting.
D-5 CITY COUNCIL ANNUAL MEETING SCHEDULE - 2013; (ADMINISTRATION)
City Manager Andrea Lueker presented the staff report.
MOTION: Councilmember Nancy Johnson moved approval of the annual meeting
schedule as presented. The motion was seconded by Councilmember Leage and carried
unanimously 5-0.
There was discussion about scheduling the Joint Planning Commission/City Council meetings.
There was consensus to look into scheduling them on the 5th Tuesdays of the months of April
and October.
D-6 APPOINTMENT OF VICE-MAYOR AND APPOINTMENT OF REPRESENTATIVES
ON DISCRETIONARY BOARDS, COUNCIL LIAISON ASSIGNMENTS AND
COUNCIL SUB-COMMITTEES (ADMINISTRATION)
8
MINUTES - MORRO BAY CITY COUNCIL – JANUARY 8, 2013
All Councilmembers were fine with the discretionary appointments proposed by Mayor Irons.
MOTION: Councilmember Nancy Johnson moved to appoint Councilmember George
Leage as Vice-Mayor. The motion was seconded by Councilmember Smukler and
carried unanimously 5-0.
E. DECLARATION OF FUTURE AGENDA ITEMS -
Mayor Irons requested a discussion of the City’s options to hire a consultant to help find funding
opportunities for City projects; Councilmembers Nancy Johnson, Christine Johnson and Smukler
concurred.
ADJOURNMENT
The meeting adjourned at 8:43 p.m.
Recorded by:
Jamie Boucher
City Clerk
Council Report
TO: City Council DATE: January 15, 2013
FROM: Jamie L. Irons, Mayor
SUBJECT: Reconsideration of Appointment of Representatives on the Discretionary
Boards, Council Liaison Assignments and Council Sub-Committees
RECOMMENDATION
Appoint Councilmember Christine Johnson as a member of the Chamber of Commerce
Economic Development Committee for calendar year 2013.
DISCUSSION
Based on action from the January 8, 2013 City Council meeting, Councilmember Smukler was
appointed as one of two members to the Chamber of Commerce Economic Development
Committee for calendar year 2013. Since that time, and at the request of Councilmember
Smukler, he has requested to step down from that committee and has recommended that
Councilmember Christine Johnson be appointed to fill that role. Councilmember Christine
Johnson has confirmed that she is willing to serve and hopes the change can be made before the
next Economic Development meeting.
AGENDA NO: A-2 MEETING DATE: 1/22/13
Prepared By: ___JLIrons___ Dept Review:_____ City Manager Review: ________
City Attorney Review: ________
1
Staff Report
TO: Honorable Mayor and City Council DATE: January 14, 2013
FROM: Andrea K. Lueker, City Manager
SUBJECT: Approval of Resolution No. 10-13 Directing a Timeline for Completion of Capital
Projects Approved by the City Council and Rescinding Resolution No. 45-12
RECOMMENDATION:
Staff recommends the City Council approve Resolution No. 10-13.
FISCAL IMPACT:
Not applicable.
SUMMARY:
The City Council approved Resolution No. 45-12 on August 28, 2012 which outlined a time line for
Capital Projects, Measure Q Projects and Maintenance Projects as well as directed the quarterly
presentation of a Delayed Project Status Report. When the first Delayed Project Status Report was
presented, rather than just focusing on the delayed projects, staff included all Capital Projects, Measure
Q Projects and Maintenance Projects over $25,000, providing the City Council and the public a more
comprehensive overview of the larger projects that were occurring or scheduled to occur in the City
during the fiscal year.
Staff is presenting Resolution No. 10-13 which modifies the information originally contained in
Resolution No. 45-12, as well as renames the Delayed Project Status Report, the Project Status Report.
Staff has attached a red-line document to highlight the changes.
AGENDA NO: A-3 MEETING DATE: 1/22/2013
Prepared By: ________ Dept Review: _____ City Manager Review: ________
City Attorney Review: ________
RESOLUTION NO. 10-13
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
DIRECTING A TIMELINE FOR COMPLETION OF CAPITAL PROJECTS
APPROVED BY THE CITY COUNCIL AND RESCINDING RESOLUTION NO. 45-12
T H E C I T Y C O U N C I L
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California that Resolution 45-12 is hereby rescinded and replaced by Resolution 10-13; and
BE IT FURTHER RESOLVED 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 Project Status Report will 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);
3. Name of the department head responsible for the project;
4. Project Status;
5. Brief explanation for the delay - if applicable;
6. Projected start date;
7. Revised start date;
8. Projected completion date.
The Project Status Report will include projects from all funds, and the projects will remain on
the Project Status Report until they are completed or cancelled.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 22nd of January 2013, by the following vote:
AYES:
NOES:
ABSENT:
______________________________
JAMIE L. IRONS, Mayor
ATTEST:
_____________________________
JAMIE BOUCHER, City Clerk
RESOLUTION NO. 45-1210-13
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
DIRECTING A TIMELINE FOR COMPLETION OF CAPITAL PROJECTS
APPROVED BY THE CITY COUNCIL AND RESCINDING RESOLUTION NO. 45-12
T H E C I T Y C O U N C I L
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 Resolution 45-12 is hereby rescinded and replaced by Resolution 10-13; and
NOW, THEREFORE, BE IT FURTHER 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 Delayed Project Status Report will 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);
3. Name of the department head responsible for the project;
3.4. Project Status;
5. Brief explanation for the delay-if applicable; and
6. OriginalProjected start date
4.7. Revised start date
5.8. Revised Projected completion date.
Formatted: Font: Not Bold
The Delayed Project Status Report will include projects from all funds, and the projects will
remain on the Delayed Project Status Report until they are completed or cancelled.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 28th 22nd of AugustJanuary 20132, by the following vote:
AYES: Borchard, Johnson, Leage, Smukler, Yates
NOES: None
ABSENT: None
______________________________
WILLIAM YATESJAMIE L. IRONS, Mayor
ATTEST:
_____________________________
JAMIE BOUCHER, City Clerk
Staff Report
TO: Honorable Mayor and City Council DATE: January 17, 2013
FROM: Janeen Burlingame, Management Analyst
SUBJECT: Resolution No. 09-13 Authorizing Submission of Rural Transit Fund Grant
Application
RECOMMENDATION
Staff recommends the City Council adopt Resolution No. 09-13 authorizing submission of a Rural
Transit Fund (RTF) grant application for the purchase of furniture for the Transit Office.
FISCAL IMPACT
Total estimated cost for the RTF projects is $10,000. No local match is required for non-vehicle
related capital projects.
SUMMARY
On December 5, 2002 the San Luis Obispo Council of Governments (SLOCOG) adopted Resolution
No. 02-16 to create a RTF program designed to streamline the lengthy federal process of applying
for, receiving and using Federal Transportation Administration Section 5311 funds for rural transit
agency projects by programming the region’s share of Section 5311 funds to the Regional Transit
Authority (RTA) for operations and exchanging it with a like amount of State Transportation
Development Act (TDA) funds, programmed through SLOCOG.
Program policies and procedures that would govern the RTF program were developed to preserve
the intent of the Section 5311 program in terms of who and what projects would be eligible for
funds. The SLOCOG Board adopted the policies and procedures in October 2003.
The City of Morro Bay is an eligible recipient to apply for these funds. Approximately $520,000 is
available for competitive distribution for the FY 2013/2014 cycle. Applications are due February 1.
DISCUSSION
The City intends to submit an application for the RTF FY 2013/2014 cycle for the purchase of
furniture for the Transit Office. Aside from the furniture purchase, there are no current capital needs
for Morro Bay Transit and Trolley services for this funding cycle as the City recently completed a
Proposition 1B project for communications equipment, the American Recovery and Reinvestment
AGENDA NO: A-4 MEETING DATE: January 22, 2013
Prepared By: J Burlingame Dept Review:_ RL__
City Manager Review: __AL___
City Attorney Review: ________
Act procurement projects to replace trolley and transit vehicles, and a RTF project for bus stop
signage and information display cases.
Transit Office Furniture Purchase
Total Project Cost: $10,000
Local Match: No local match required
As part of the goals setting process for the City in 2012, the City Council adopted a goal to move the
Transit office in order to more effectively utilize City facilities. That move took place recently;
however, the existing office furniture that was purchased in the 1980s was designed for an office
size larger than to where the Transit office was relocated. As such, the City configured the new
office space with pieces that would fit as best they could, but unfortunately some desks and filing
cabinets stick out several inches, making the space tight to maneuver around in. There is also a need
for additional storage due to losing built-in cabinets at the previous office location as well as needing
more secure filing cabinets to adequately protect confidential records and fares until counted and
deposited in the bank. Also, this office is shared with the Meals on Wheels volunteer program and
additional locked storage is needed for the drivers and office staff for their personal effects and
confidential information provided to them such as their paychecks.
CONCLUSION:
Staff recommends the City Council adopt Resolution No. 09-13.
RESOLUTION NO. 09-13
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA AUTHORIZING SUBMISSION OF APPLICATION TO THE RURAL TRANSIT FUND GRANT PROGRAM
T H E C I T Y C O U N C I L 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 a
process 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 2013/2014 RTF cycle due February 1, 2013.
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 an application to the Rural Transit Fund for the purchase of furniture for the Transit Office.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of January, 2013 on the following vote:
AYES:
NOES: ABSENT:
ABSTAIN:
______________________________
Jamie L Irons, Mayor
ATTEST:
_____________________________
Jamie Boucher, City Clerk
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY
SUPPORTING THE START BY BELIEVING PUBLIC AWARENESS CAMPAIGN
CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay shares a critical concern for victims of sexual violence and a
desire to support their needs for justice and healing; and
WHEREAS, in 2011 the Morro Bay Police Department received a total of 4 reports of rape or
attempted rape, and the Sexual Assault Recovery and Prevention (SARP) Center served the needs of
county victims during 422 crisis interventions, 219 peer counseling sessions, and 107 forensic exams,
law enforcement interviews, or other proceedings; and
WHEREAS, research estimates that as many as 1 in 6 women and 1 in 33 men will become the
victims of rape or attempted rape, yet most will not report the crime to law enforcement, and rapists who
are not detected by authorities will perpetrate an average of 6 crimes; and
WHEREAS, research documents that victims are far more likely to disclose their sexual assault
to a friend or family member, and when these loved ones respond with doubt, shame, or blame, victims
suffer additional negative effects on their physical and psychological well-being; and
WHEREAS, the Start by Believing public awareness campaign is designed to improve the
responses of friends, family members, and community professionals, so they can help victims to access
supportive resources and engage the criminal justice system.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
hereby proclaims that they support the Start by Believing public awareness campaign being launched in
the County on February 1, 2013 and do hereby declare this day to be “START BY BELIEVING DAY”
throughout the City of Morro Bay, California.
IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the City
of Morro Bay to be affixed this 22nd day of
January, 2013,
____________________________________
Jamie L. Irons, MAYOR
Attest:
____________________________________
Jamie Boucher, CITY CLERK
AGENDA NO.: A-5
Meeting Date: 1/22/2013
PRESENTATION
by
NATIONAL ESTUARY
PROGRAM
This will be a verbal
presentation only;
No action is required
AGENDA NO: A-6
MEETING DATE: January 22, 2013
Staff Report
TO: Honorable Mayor and City Council DATE: January 17, 2013
FROM: Janeen Burlingame, Management Analyst
SUBJECT: Ordinance No. 582 Introduction and First Reading – Repealing and
Replacing Morro Bay Municipal Code Sections 5.28 and 5.30 With
New Section 5.30 Relating to Video Service Providers
RECOMMENDATION
Staff recommends the City Council accept public comment and then move for introduction and first reading of Ordinance 582 repealing Morro Bay Municipal Code Sections 5.28 and 5.30, replacing
them with new Section 5.30 relating to video service providers.
FISCAL IMPACT Under the provisions of the California Digital Infrastructure and Video Competition Act enacted by
the State, there would be no loss of existing revenue from Charter Communications (Charter) as the City would still receive payment of the five percent franchise fee and one percent Public, Education
and Government (PEG) Access fee from Charter.
However, the provisions in the current Franchise Agreement with Charter Communications (Charter) for the inclusion of complementary video service and Institutional Network (I-net) to public facilities
are not included in the State franchises that will be issued to cable service providers in Morro Bay,
and the City will be responsible for any costs associated with those services after the current
Franchise Agreement expires on April 1, 2013. Staff is currently evaluating what level of service
may be retained and the related costs.
DISCUSSION
In 2003, the City of Morro Bay entered into a 10-year Franchise Agreement with Charter for the
operation of a cable television system in the City. That agreement expires April 1, 2013. The
Franchise Agreement was negotiated pursuant to the City's cable television franchise ordinance. Per the Agreement, Charter pays the City a franchise fee of five percent of its annual gross revenues, a
PEG Access fee of 1% of its annual gross revenues, and provides to the City complementary video and I-net services to public buildings.
AGENDA NO: B-1 MEETING DATE: January 22, 2013
Prepared By: J Burlingame Dept Review:_____
City Manager Review: ________
City Attorney Review: ________
On January 1, 2007, the California Digital Infrastructure and Video Competition Act (Cal. Pub. Util.
Code §§ 5800 et seq., "DIVCA") took effect. The Act provides a new mechanism for video
franchising in California, which shifts franchising authority away from cities and counties to the state
level. DIVCA gives the California Public Utilities Commission (PUC) sole authority to grant
statewide franchises to companies providing video service, both for new entrants into the market and
incumbent cable television providers. However, the City's franchise did not become immediately
subject to the Act because the City and Charter had an existing franchise that remained valid under
DIVCA until its expiration.
The PUC began granting state video franchises April 1, 2007. Geographically, the areas covered by
State video franchises can be specified by the applicants, do not have to respect current City video
franchise areas, and may cross city and county boundaries. A holder of a state franchise must pay five
percent of gross revenue to the City for all subscribers within City limits. In addition, if the City
passes an appropriate ordinance, an additional one percent of gross revenue can be received by the
City for PEG purposes.
The enactment of DIVCA has substantially limited the authority with which cities and counties may
regulate video service providers, and preempts most local regulation of video service providers that have received a state franchise to provide such services. Charter has received its State franchise and
the City's franchise with Charter will become subject to the State provisions in April of this year, upon expiration of the current franchise term.
DIVCA affords the City the ability to retain revenue for PEG purposes (CPUC Section 5870); collect
franchise fees (CPUC Section 5860); assess penalties for violations of customer service standards (CPUC Section 5900) and impose restrictions on the use of City right-of-way (CPUC Section 5885).
However, in order to secure these rights under state law, it is necessary to adopt a local ordinance consistent with DIVCA. Even with adoption of the appropriate ordinance, the City loses
authority, upon the expiration of its current franchise, to require Charter's continued provision of
free cable and I-net services. If the City wishes to continue cable and/or I-net services to some or all
of its existing buildings, it will be necessary to establish a business account with Charter and
negotiate the scope and pricing of those services.
CONCLUSION
In order to comply with the State franchise requirements and to secure the City’s franchise and PEG
funding as permitted by DIVCA, staff recommends adoption of the proposed ordinance. The
Ordinance will implement the City's authority in relation to: franchise fees; funding for PEG access;
carriage of the City's three PEG access channels, and interconnections; the authority to examine
Charter's records; penalties for violation of federal customer service standards; activation of the
emergency alert system; and notice to the City of any new state franchise applications impacting
service to the area and of amendments to existing state franchises.
Staff recommends the City Council review and move for first reading and introduction of the
attached Ordinance 582 repealing and replacing Morro Bay Municipal Code Sections 5.28 and 5.30
with new Section 5.30 relating to cable television franchises.
Reference Documents Link to Morro Bay Municipal Code Section 5.28
Link to Morro Bay Municipal Code Section 5.30 Link to DIVCA
ORDINANCE 582
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY REPEALING AND REPLACING CHAPTERS 5.28 AND 5.30
OF THE MUNICIPAL CODE WITH
NEW SECTION 5.30 RELATING TO VIDEO SERVICE PROVIDERS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Legislature of the State of California (the State) has adopted the Digital
Infrastructure and Video Competition Act of 2006 (DIVCA); and
WHEREAS, the Governor of the State of California signed DIVCA on September 29, 2006;
and
WHEREAS, DIVCA became effective on January 1, 2007; and
WHEREAS, DIVCA establishes a regulatory structure for the State to issue franchises to
video service providers; and
WHEREAS, DIVCA establishes that local entities, such as the City of Morro Bay, are
responsible for administration and implementation of certain provisions of DIVCA; and
WHEREAS, DIVCA requires that the City establish, by ordinance, financial support
provisions for Public, Education and Government Access (PEG) channel facilities; and
WHEREAS, DIVCA requires that the City adopt, by ordinance or resolution, a schedule of
penalties for any material breach by a State video franchise holder for violation of customer service
and protection standards that the City is permitted to enforce; and
WHEREAS, as of December 31, 2006, Charter Communications was the only City-
franchised cable operator providing cable service within the City; and
WHEREAS, the Charter Communications Cable franchise imposed a requirement for up to
one percent of gross revenues to be provided for PEG channel facilities capital as of December 31,
2006; and
WHEREAS, the Charter Communications Cable franchise expires on April 1, 2013.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Morro
Bay as follows:
SECTION 1. Title 5, Chapters 5.28 (“TV Franchise and Services Board”) and 5.30 ("Cable
Television") of the Morro Bay Municipal Code are repealed and replaced with new Chapter 5.30 to
read as follows:
Chapter 5.30
PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES
5.30.010 Fee for Support of Local Cable Usage.
A fee paid to the City is hereby established for the support of public, educational, and governmental
access facilities and activities within the City. Unless a higher percentage is authorized by applicable
state or federal law, this fee shall be one percent of a state video holder's gross revenues, as defined
in California Public Utilities Code section 5860. This fee shall be remitted quarterly to the City
Treasurer and must be received not later than 45 days after the end of the preceding quarter. The fee
payment shall be accompanied by a summary that explains the basis for the calculation of the support
fee for local cable usage.
5.30.020 Franchise Fee.
A state video franchise holder operating in the City shall pay to the City a franchise fee that is equal
to five percent of the gross revenues of that state video franchise holder. The term "gross revenues"
shall be defined as set forth in Public Utilities Code section 5860. This fee shall be remitted
quarterly to the City Treasurer and must be received not later than 45 days after the end of the
preceding calendar quarter. The fee payment shall be accompanied by a summary that explains the
basis for the calculation of the franchise fee. Unless construed otherwise by applicable law, the
phrase "summary that explains the basis for the calculations," as used herein, means the
identification of the sources of revenue upon which the fee is based.
5.30.030 Authority to Examine Records.
Not more than once annually, the appropriate City department may examine the business records of a
holder of a state video franchise to ensure compliance with all applicable statutes and regulations
related to the computation and payment of franchise fees.
5.30.040 Customer service Penalties Under State Video Franchises.
A. The holder of a state video franchise shall comply with all applicable state and federal
customer service and protection standards pertaining to the provision of video service.
B. The City Manager or his or her designee shall monitor a state video franchise holder's
compliance with state and federal customer service and protection standards. The City will provide
to the state video franchise holder written notice of any material breaches of applicable customer
service and protection standards, and will allow the state video franchise holder 30 days from receipt
of the notice to remedy the specified material breach. Material breaches not remedied within the 30-
day time period will be subject to the following monetary penalties to be imposed by the City in
accordance with state law:
1. For the first occurrence of a violation, a monetary penalty of $500 shall be imposed for
each day the violation remains in effect, not to exceed $1,500 for each violation.
2. For a second violation of the same nature within twelve months, a monetary penalty of
$1,000 shall be imposed for each day the violation remains in effect, not to exceed $3,000 for each
violation.
3. For a third or further violation of the same nature within twelve months, a monetary
penalty of $2,500 shall be imposed for each day the violation remains in effect, not to exceed $7,500
for each violation.
C. A state video franchise holder may appeal a monetary penalty assessed by the City. Such
appeal must be filed no later than 60 days after the date of mailing of notification of the penalty or
the right to appeal shall be deemed waived. After relevant evidence and testimony is received, and
staff reports are submitted, the City Council will vote to either uphold or vacate the monetary
penalty. The City Council's decision on the imposition of a monetary penalty shall be final.
5.30.050 City Response to State Video Franchise Applications.
A. Applicants for state video franchises within the boundaries of the City must concurrently
provide to the City complete copies of any application or amendments to applications filed with the
California Public Utilities Commission. One complete copy must be provided to the City Manager.
B. The City will provide any appropriate comments to the California Public Utilities
Commission regarding an application or an amendment to an application for a state video franchise.
5.30.060 Public, Educational or Governmental (PEG) Channel Capacity.
A. A state video franchise holder that uses the public rights-of-way shall designate sufficient
capacity on its network to enable the carriage of at least three PEG access channels.
B. PEG access channels shall be for the exclusive use of the City or its designees to provide
public, educational, or governmental programming.
C. Advertising, underwriting, or sponsorship recognition may be carried on the PEG access
channels for the purpose of funding PEG-related activities.
D. The PEG access channels shall be carried on the basic service tier and shall be of similar
quality and functionality to that offered by commercial channels on the lowest cost tier of service
unless the signal is provided to the video service provider at a lower quality or with less
functionality, as provided in subsection (g)(3) of section 5870 of the California Public Utilities Code.
E. To the extent feasible, the PEG access channels shall not be separated numerically from other
channels carried on the basic service tier, and the channel numbers for the PEG access channels shall
be the same channel numbers used by the incumbent cable operator unless prohibited by federal law.
F. After the initial designation of PEG access channel numbers, the channel numbers shall not be
changed without the prior written consent of the City, unless the change is required by federal law.
G. Each PEG access channel shall be capable of carrying a National Television System
Committee television signal, as provided in Public Utilities Code section 5870b.
5.30.070 Interconnection.
Where technically feasible, a state video franchise holder and an incumbent cable operator shall
negotiate in good faith to interconnect their networks for the purpose of providing PEG access
channel programming. Interconnection may be accomplished by direct cable, microwave link,
satellite, or other reasonable method of connection. State video franchise holders and incumbent
cable operators shall provide interconnection of the PEG access channels on reasonable terms and
conditions and may not withhold the interconnection. If a state video franchise holder and an
incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the City
may require the incumbent cable operator to allow the state video franchise holder to interconnect its
network with the incumbent's network at a technically feasible point on the holder's network as
identified by the holder. If no technically feasible point for interconnection is available, the state
video franchise holder shall make an interconnection available to the channel originator and shall
provide the facilities necessary for the interconnection. The cost of any interconnection shall be
borne by the state video franchise holder requesting the interconnection unless otherwise agreed to
by the parties.
5.30.080 Emergency Alert System And Emergency Overrides.
A state video franchise holder must comply with the Emergency Alert System requirements of the
Federal Communications Commission in order that emergency messages may be distributed over the
holder's network.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance or the rules adopted hereby.
The City Council of the City of Morro Bay hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases
hereof be declared invalid or unenforceable.
SECTION 3. This Ordinance shall take effect and be in force thirty (30) days from the date
of its passage, and before the expiration of fifteen (15) days after its passage, it, or a summary of it,
shall be published once, with the names of the City Council members voting for and against the
same, in a newspaper of general circulation published in the City of Morro Bay.
INTRODUCED at a regular meeting of the City Council of the City of Morro Bay held on
the 22nd day of January, 2013 by motion of Councilmember_____, seconded by
Councilmember_____.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, on the 13th day of
February, 2013, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Jamie L Irons, Mayor
ATTEST:
________________________________
Jamie Boucher, City Clerk
APPROVED AS TO FORM:
________________________________
Robert W Schultz, City Attorney
Prepared by: RL Dept. Review:_______
City Manager Review:_AL_____
City Attorney’s Review:_____
Staff Report
TO: Honorable Mayor and City Council DATE: January 17, 2013
FROM: Rob Livick, PE/PLS - Public Services Director
SUBJECT: Discussion and Review of Resolution No. 45-11, “Establishing a Three
Year Moratorium for the Payment of Development Impact Fees for
Commercial Projects within a Commercial Zone District” and Resolution
No. 52-12, “Establishing a Reduction for the Payment of Development
Impact Fees for Residential Projects”
RECOMMENDATION
Review Councils’ past actions and provide direction to staff.
FISCAL IMPACT
No fiscal impact as a result of this report, but the passage of a moratorium on the payment of
Impact Fees for residential and commercial development has reduced monies received by the
City. Impact Fees are paid by new development to ensure that new development pays its fair
share of capital costs associated with growth.
DISCUSSION
On March 7, 2006 the City Council directed staff to develop a request for proposals (RFP) for
a development impact fee program for Council review and approval. On August 28, 2006 the
Council directed that the RFP be solicited to study water, sewer, streets, law enforcement and
fire protection facilities. The Council awarded a contract to MuniFinancial on January 8, 2007
for an analysis of revenue enhancement opportunities and development impact fee options.
The Council subsequently directed that MuniFinancial prepare a comprehensive development
impact fee justification study (Attachment 1) after hearing impact fee options on April 23,
2007.
When the Development Impact fees were adopted on October 8, 2007, they applied to all new
land use developments; however, specific exceptions were provided including single family
residential additions of less than 500 square feet and all development projects under review as
of September 24, 2007. In addition to providing an exemption for additions of less than 500
square feet, the Council, via Resolution 47-07, determined that these fees shall be reduced by
50-percent to the greatest extent practical without affecting existing fees.
At the December 10, 2010 City Council meeting, Councilmember Nancy Johnson requested a
discussion on waiving building impact fees for the next five years for commercial buildings in
select areas. Then on June 14, 2011 the City discussed the proposed moratorium and City
Council voted to place a moratorium on development impact fees on commercial projects for
AGENDA NO: D-1
MEETING DATE: January 22, 2013
2
the next three years within the City bordered commercial areas. Staff presented Resolution
45-11 at the June 28, 2011 meeting, establishing the three year moratorium on development
impact fees on commercial projects and clarified the Resolution to include “mixed use
projects”. Then on August 23, 2011, the City Council ratified Resolution 45-11, to clarify the
inclusion of the “mixed use projects”. This clarification was to correct a potential Brown Act
noticing issue.
Following the moratorium of impact fees on commercial projects, the City Council proposed
extending the moratorium to residential projects. So, at the December 13, 2011 City Council
meeting, Mayor Yates proposed the idea of placing a moratorium on the payment of building
impact fees associated with residential development as a future agenda item.
At the January 24, 2012 Council meeting, staff presented a report on the proposed moratorium
of development impact fees for residential development and in their deliberations, requested
that Council weigh the benefits to the development community against the loss of revenue to
determine if the benefits outweigh the costs. There was not a majority support for the item at
that time and no action was taken. Then at the October 23, 2012 City Council meeting,
Councilmember Borchard brought forward a revised proposal for reduction of impact fees on
residential development and proposed adoption of Resolution 52-12, that modified residential
impact fees for projects of three or less units. The modification reduced general government,
traffic, parks, water and wastewater impact fees to 50-percent of their current level and
allowed police, fire and stormdrain fees to remain at their current levels. The expiration of this
modification is coincident with the moratorium on commercial impact fees, both expiring on
July 1, 2014.
Reducing or waiving commercial impact fees can provide an economic incentive for
businesses to consider improvements to buildings as impact fees can add costs onto the
building permit fee.
Staff has provided an example of what the Development Fee would be for a 1,000 square foot
commercial building prior to the moratorium in the table below
1,000 square foot commercial building
Water fee: 1 inch meter $2,276
Wastewater fee: 1 inch meter $4,178
General Government .21 $210
Police
.06
$60
Parks .00 $0
Fire .20 $200
Storm Drain .03 $30
Traffic 3.15 $3,150
Total $10,104
Staff has researched the number of commercial projects before and after the moratorium. In
3
2011 prior to the moratorium there were three commercial projects that added approximately
2,000 square feet of area and were subject to impact fees. In 2012, there were four
commercial projects that added 9,283 square feet of commercial area. Therefore, based on the
established impact fee rates in 2012, the City could have added approximately $94,000 to its
impact fee coffers to offset the demands on the infrastructure due to this development.
Staff also researched the amount of monies paid into the impact fee accounts (general, police,
parks, fire, stormdrain, transportation, water and wastewater) for residential development since
January 1, 2008 (the inception of the fees) and found that new residential development has
paid approximately $420,000. Under the current reductions to residential fees, the amount
taken in would have been $234,500 or 56-percent of what was originally adopted in 2007;
which was 50-percent of what was needed for new development to pay their fair share of the
infrastructure costs. The table below details the breakdown of these fees by category.
Categories Amount taken
in from
1/1/2008 to
12/21/2011
Amount under
the residential
fee reduction
Government $64,000$32,000
Police $22,000$22,000
Park $67,000$33,500
Fire $24,000$24,000
Storm Drain $3,000$3,000
Transportation $104,000$52,000
Water $36,000$18,000
Wastewater $100,000$50,000
Total $420,000*$234,500
* Amounts are rounded to nearest 1,000.
The elimination and reduction of the adopted funding source of an impact fee will result in the
need to secure other funding sources such as existing ratepayers or taxpayers. With or without
the collection of Impact Fees the incremental increase in demand for facilities created by new
development will still occur and the City will need funds to address this demand.
Staff has surveyed the various Cities thought the County to determine the range of impact fees
charged for new development. Residential impact fees range from $7,073 in Arroyo Grande to
$37,808 in Atascadero for construction of a single family home. For commercial
development, the impact fees range from $12,390 in Grover Beach to $54,999 in Atascadero,
for construction of a 1,000 sq-ft general service/retail commercial structure. Atascadero’s high
impact fees are due to the fees charged by the Mutual Water Company for new water
connections. The only other City with an impact fee moratorium is the City of Paso Robles.
Paso’s moratorium requires a certificate of final occupancy to be issued within 12-months
from permit “ready to issue” otherwise impact fees are required to be paid in full. This is an
incentive to developers not to sit on projects just to qualify for the waiver.
4
Staff will be providing an up-to-date accounting of Development Impact Fee fund balances
during the presentation at the January 22, 2013 City Council Meeting, detailing the amount of
funding received from both commercial and residential projects for the construction of the
City’s future infrastructure needs.
CONCLUSION
Staff has presented an overview of the impacts fees associated with new development. The
Council should weigh the benefits to the development community against the loss of revenue
to determine if the benefits outweigh the costs.
ATTACHMENTS
1. Resolution 47-07 – Resolution Establishing Development Impact Fees
2. Resolution 45-11 – Resolution Establishing Moratorium on Commercial
Development Impact Fees
3. Resolution 52-12 – Resolution Modifying Residential Development Impact Fees
4. Comparison of Impact Fees from Cities thought the County
RESOLUTION NO. 47-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT FOR THE CITY OF MORRO BAY, CALIFORNIA, AND SUBSEQUENT DOCUMENTATION ACCOMPANYING SUCH REPORT AND ESTABLISHING DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WrraiN THE CITY OF MORRO BAY
THE CITY COUNCIL City of Morro Bay, California
WHEREAS, the City Council decided that it was necessary and desirable to conduct a comprehensive review of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to development projects; and
WHEREAS, the City contracted with MuniFinancial for a comprehensive evaluation of the City's existing development impact fees; and
WHEREAS, MuniFinancial prepared a report, entitled the Public Facilities Fee Study for the City of Morro Bay, California, in September of 2007 (attached hereto as Exhibit A) that recommends an increase to the City's development impact fees and explains the nexus between the imposition of the fee and the estimated reasonable cost of providing the service for which the fee is charged; and
WHEREAS, the Public Facilities Fee Study for the City of Morro Bay, California, has been available for public review and comment; and
WHEREAS, following the issuance of Public Facilities Fee Study for the City of Morro Bay, California, the City held a public hearing on September 10, and September 24, 2007 and received additional information; and
WHEREAS, the Public Facilities Fee Study for the City of Morro Bay, California substantiates the need for an increase in development impact fees amongst different categories of services and facilities provided by the City; and
WHEREAS, the City has been imposing various impact fees, including fees for sewer water and traffic, among others; and
WHEREAS, the City Council desires to adopt new development impact fees, in accordance with the nexus calculations and recommendations in the Report; and
ATTACHMENT 1
WHEREAS, after conducting another public hearing and taking fiirther testimony, the City Council has determined that these fees shall be reduced by 50 percent to the greatest extent practical without impacting the current fees, and that these revised impact fees are provided in Exhibit B, and
WHEREAS, it is the intent of the City Council to exempt any projects currently submitted for discretionary permits and/or building permits from paying the new impact fees if those projects were submitted for review to the City by September 24, 2007,
WHEREAS, in compliance with the Mitigation Fee Act (Government Code section 66000 et seq.), the City Council held a public hearing to solicit public input on the proposed development impact fees on September 10, and September 24, 2007.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Findings Pursuant to Government Code Section 66001.
The City Council finds and determines that the Public Facilities Fee Stiidy (hereinafter "Report") complies with California Government Code section 66001 by establishing the basis for the imposition of fees on new development. This finding is based on the fact that the Report: (a) Identifies the purpose of the fee; (b) Identifies the use to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed; (d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.
SECTION 2. Fees for Uses Consistent with the Report.
The City Council hereby determines that the fees collected pursuant to this resolution shall be used to finance the public facilities described or identified in the Report, the Master Facilities Plan or such other public facility master plans as may from time to time be adopted by the City Council.
SECTION 3. Approval of Items in Report.
The City Council has considered the specific project descriptions and cost estimates identified in the Report and hereby approves such project descriptions and cost estimates and finds them reasonable as the basis for calculating and imposing certain development impact fees.
Resolution No. 47-07 Development Impact Fees Page 2 of6
ATTACHMENT 1
SECTION 4. Consistency with General Plan.
The City Council finds that the projects and fee methodology identified in the Report are consistent with the City' s General Plan and Local Coastal Plan.
SECTION 5. Differentiation Among Fees.
The City Council finds that the development impact fees recommended in the Report are separate and different from other fees the City may impose as a condition of final map approval, building permit issuance or tentative or parcel map approval pursuant to its authority under the Subdivision Map Act, the Quimby Act, and the City's implementing ordinances, as may be amended from time to time, for, among other projects, the construction of storm drainage, major thoroughfares and bridges and the acquisition of parkland. In no event, however, shall a developer be required to pay for both a fee imposed pursuant to the Subdivision Map Act and/or the Quimby Act and a portion of the development impact fee as that would be used to fund the same type of facility as the fee imposed pursuant to the Subdivision Map Act and/or the Quimby Act. In addition, this resolution shall not be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Municipal Code.
SECTION 6. CEQA Finding.
The adoption of the Report and the development impact fee are categorically exempt from environmental review pursuant to section 15061(b)(3) of the California Environmental Quality Act guidelines. The intent of the Report and development impact fee is to provide one way to fiind projects and services that have been identified in environmental analyses of other planning efforts, including the General Plan EIR, and various City master plans, among others.
SECTION 7. Adoption of Report.
The Public Facilities Fee Study by MuniFinancial for the City of Morro Bay, California, is hereby adopted.
SECTION 8. Timing of Fee.
A development impact fee shall be imposed upon the issuance of any development permit and shall be paid prior to issuance of a certificate of occupancy for the project, or at such earlier time as permitted by law, as set forth in Government Code section 66007. A "development permif means any permit or approval from the City including, but not limited to, subdivision map, revised final planned development, building permit or other permit for construction, reconstruction, or addition.
Resolution No. 47-07 Development Impact Fees Page 3 of6
ATTACHMENT 1
SECTION 9, Amount of Fee.
The City Council hereby approves and adopts the development impact fees as set forth in the Report attached to this resolution and incorporated herein. The Report sets forth the aggregate amount imposed as a development impact fee for both residential and non-residential land uses and also sets forth the breakdown of each development impact fee by type of facility or service. The amount of the development impact fee shall be reduced or a credit shall be applied towards the fee in proportion to the monetary cost of any improvements installed that would have been funded by the development impact fee. The amount of the development impact fees shall be modified annually each July 1 based on the change in the Engineering News Record's construction cost index (ENR-CCI) as reported for the twelve month period ending in April of each year (April 2007 ENR-CCI = 7865). Further, the City Council shall formally review the development impact fees once every two years, or whenever the City Council updates a major City Council policy document that could have an impact on development impact fees, such as the General Plan.
SECTION 10. Use of Fee.
The development impact fees shall be solely used for (1) the purposes described in the Report; (2) reimbursing the city for the development's fair share of those capital improvements already constructed by the City; or (3) reimbursing developers who have already constructed public facilities described in the Report or the Master Facilities Plan or other facility master plans adopted from time to time by the City Council, where those facilities exceeded that needed to mitigate the impacts of the developers' project or projects.
SECTION 11. Fee Determination by Square Footage.
Development impact fees for all land uses shall be based upon the square footage of the building. The development impact fee categories are set forth in the Report, which have been further revised in the fee program set forth in Exhibit B. Water and wastewater development impact fees shall be based upon the meter size as set forth in the Report and Master Fee Schedule.
SECTION 12. 500 Square Foot Exemption,
Development impact fees shall not apply to the first 500 square feet of new square footage of any proposed addition for single-family residential projects. Should the addition exceed 500 square feet, the calculation of impact fees shall be based on the total additional new square footage area.
Resolution No. 47.07 Development Impact Fees Page 4 of 6
ATTACHMENT 1
SECTION 13. Current Projects Exempt for New Impact Fees.
Any project submitted for either discretionary and/or building permit approval as of September 24, 2007 shall be exempt from paying these new Development Impact Fess. All other currently existing impact fees in effect on September 24, 2007 shall remain in effect.
SECTION 14. Cumulative additions.
Whenever the cumulative quantity of new additional square footage improvements and all other permitted additions during the preceding five-year period is over 500 square feet, payment of impact fees for the total additional area constructed during the said five year period shall be required.
SECTION 15. Prior Resolutions and Ordinances Superseded.
The development impact fees approved and adopted by this resolution shall take effect in sixty (60) days and shall supersede previously adopted resolutions that set the amounts of development impact fees.
SECTION 16. Severability.
If any action, subsection, sentence, clause or phrase of this resolution or the imposition of a development impact fee for any project described in the Report or the application thereof to any person or circumstance shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the vaUdity of the remaining portions of this resolution or other fees levied by this resolution that can be given effect without the invalid provisions or apphcation of fees.
SECTION 17. Effective Date.
Consistent with California Government Code section 66017(a), the fees adopted by this resolution shall take effect sixty (60) days following the adoption of this resolution by the City Council.
Resolution No. 47-07 Development Impact Fees Page 5 of 6
ATTACHMENT 1
PASSED AND ADOPTED by the City Council of the City of Morro Bay this 8th day of October 2007 by the following vote:
AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None
JANICE PETEI^S, Mayor ATTEST:
BRIDGETir^AUER, City Clerk
APPROVED AS TO FORM:
ROBERT SCHUL'p, City Attorney
Resolution No. 47-07 Development Impact Fees Page 6 of6
ATTACHMENT 1
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Comparison of
San Luis Obispo County
City Impact Fees (2013)
Residential 2000 sf - new construction/addition
Water $ 1,184.00 $ 2,368.00 $ 4,736.00 $ 2,896.06 $ 34,440.00 12931.18 $ 34,184.00 $ 19,600.00
Wastewater $ 2,173.50 $ 4,347.00 $ 8,694.00 $ 2,682.77 $ 7,600.00 $ 7,789.85 $ 4,133.00 $ -
Storm Drain $ 100.00 $ 100.00 $ 200.00 $ 530.80 $ 1,010.00 $ 2,000.00
Traffic/Transportatio $ 1,820.00 $ 3,640.00 $ 7,280.00 $ 1,570.72 $ 7,398.00 $ 1,106.46 $ 2,562.00 $ 3,457.00 $ 5,597.00
Parks $ 1,170.00 $ 2,340.00 $ 4,680.00 $ 3,857.92 $ 4,803.00 $ 825.69 $ 2,525.00 $ 6,435.00
Police $ 760.00 $ 760.00 $ 1,520.00 $ 40.41 $ 74.00 $ 429.66 $ 117.00 $ 574.00
Fire $ 820.00 $ 820.00 $ 1,640.00 $ 1,379.91 $ 884.00 $ 757.21 $ 1,869.00 $ 950.00
Government $ 1,120.00 $ 2,240.00 $ 4,480.00 $ 50.13 $ 5,330.00 $ 452.91 $ 2,652.00
Total $ 9,147.50 $ 16,615.00 $ 33,230.00 $ 13,008.72 $ 61,539.00 $ 24,292.96 $ 7,073.00 $ 41,774.00 $ 37,808.00
Commercial 1000 sf - new construction/addition
Water $ - $ 2,368.00 $ 4,736.00 $ 2,896.06 $ 34,440.00 $ 6,625.58 $ 34,184.00 $ 49,000.00
Wastewater $ - $ 4,347.00 $ 8,694.00 $ 2,682.77 $ 12,700.00 $ 4,234.69 $ 8,553.00 $ -
Storm Drain $ - $ 30.00 $ 60.00 $ 265.40 $ 69.00 $ - $ 173.00
Traffic/Transportatio $ - $ 3,280.00 $ 6,560.00 $ 5,890.23 $ 7,620.00 $ 4,425.86 $ 17,934.00 $ 3,760.00 $ 4,430.00
Parks/Open Space $ - $ - $ 2,553.80 $ - $ - $ - $ 35.00
Police $ - $ 60.00 $ 120.00 $ 31.68 $ 50.00 $ 494.93 $ 610.00 $ 523.00
Fire $ - $ 210.00 $ 420.00 $ 323.23 $ 550.00 $ 1,025.83 $ 170.00 $ 785.00
Government $ - $ 220.00 $ 440.00 $ 300.77 $ 420.00 $ 515.06 $ - $ 53.00
Total $ - $ 10,515.00 $ 21,030.00 $ 12,390.14 $ 55,849.00 $ 17,321.95 $ 18,714.00 $ 46,497.00 $ 54,999.00
Atascadero: General Government also incudes Library Eapansion and Public Meeting Facilities, AMWC charges water fee
Arroyo Grande: Provides ipact fee reduction for affordable housing projects
Paso Robles: Impact Fee waiver program, expires June 30, 2013.
Pismo Beach Morro Bay Current
Morro Bay as
Recommended by
Muni Financial
Pismo Beach Atascadero
Morro Bay Grover Beach Paso Robles Arroyo Grande Slo City Atascadero
Morro Bay Current
Morro Bay as
Recommended by
Muni Financial
Morro Bay Grover Beach Paso Robles Arroyo Grande Slo City
RAL
1/17/2013
Prepared By: ________ Dept Review:_____ City Manager Review: ________
City Attorney Review: ________
Staff Report
TO: Honorable Mayor and City Council DATE: January 15, 2013
FROM: Robert Schultz, City Attorney
SUBJECT: Approval of Agreement between the City of Morro Bay and the Morro Bay
Tourism Bureau to Provide Services to the Morro Bay Tourism Business
Improvement District
RECOMMENDATION:
Review and approve the Agreement attached hereto between the City of Morro Bay and the Morro
Bay Tourism Bureau for the purpose of providing services for the Morro Bay Tourism Business
Improvement District (MBTBID).
FISCAL IMPACT:
Funding for the Agreement will come from assessments collected pursuant to the Morro Bay
Tourism Business Improvement District.
DISCUSSION:
State law allows cities to form Assessment Districts, pursuant to the Parking and Business
Improvement Area Law of 1989, California Streets and Highways Code Sections 36500, et seq. The
purpose of forming a business improvement area under the Parking and Business Improvement Area
Law of 1989 is to raise revenue to be used for specific purposes as defined by state law and
incorporated into a city ordinance. In the case of a tourism business improvement district, the
increased revenue is intended to defray the costs of services, activities, and programs promoting
scenic, recreational, and cultural attractions in the district, to drive tourism, and directly benefit the
operators of lodging establishments in the district. The state law specifically states that the
businesses and properties within the improvement area must be benefited by the improvements and
activities funded by the proposed assessments. In the case of an area formed to promote tourism,
only businesses that benefit from tourism may be assessed.
In May of 2009, the City of Morro Bay established the Morro Bay Tourism Business Improvement
District (MBTBID) at the request of the Morro Bay hoteliers. Since 2009, the City has been
implementing the MBTBID. Estimated revenue for 2012/13 is $571,500 in assessments, dedicated
AGENDA NO: . D-2 MEETING DATE: January 22, 2013
City Attorney Staff Report January 15, 2013
Agreement with Tourism Bureau
Page 2 of 2
primarily through marketing expenditures established in the contract between the City and Barnett
Cox & Associates. Although the MBTBID has been very successful, its implementation has placed a
strain on City Staff.
In February 2012, in order to better manage staff resources, the City Council directed Staff to
establish a new nonprofit 501(c)(6) entity to manage the MBTBID funds. City Staff has completed
the formation of the new non-profit entity known as the Morro Bay Tourism Bureau (MBTB). The
Board of Directors of the nonprofit MBTB is the same as the MBTBID Board. The attached contract
would allow the MBTB to administer the MBTBID. The Contract requires the MBTB to prepare an
Annual Report to the Council on use of funds, comply with the open meeting requirements of the
Ralph M. Brown Act, and keep records in accordance with the California Public Records Act. By
contracting with MBTB to implement the Assessment Funds, the MBTB will be able to operate
more efficiently than the City in processing payments, executing contracts, and in responding to
business opportunities. With this arrangement, the MBTB will be responsible for the day-to-day
operation of the MBTBID with the MBTBID Advisory Board still advising the City Council as
needed and submitting an Annual Report in April/May of each year. There will still be an Advisory
Board, which would also serve as the Board of Directors of the MBTB. The City Council will retain
its ultimate authority over the MBTBID as exercised in its approval or modification of the Annual
Report, approval of the annual assessment, and in determining whether or not to continue to contract
with the MBTB to administer the MBTBID. In addition, to ensure continued compliance with the
1989 Law and Annual Report to the City, staff will continue to provide oversight as necessary, but
not nearly the amount of staff time as has been required in the past few years. The attached
Agreement with MBTB contains various safeguards to protect the City’s interests and mirrors how
many cities have delegated the administration of their BIDs formed under the 1989 law.
CONCLUSION:
Review and approve the Agreement attached hereto between the City of Morro Bay and the Morro
Bay Tourism Bureau for the purpose of providing services for the Morro Bay Tourism Improvement
District (MBTBID)
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AGREEMENT FOR SERVICES
This Agreement, dated ______________________, is by and between the City of Morro Bay,
hereinafter referred to as the “City,” and the Morro Bay Tourism Bureau, hereinafter referred to
as “Contractor,” collectively referred to as the “parties.”
RECITALS
A. On April 29, 2009, the City adopted Ordinance number 546, hereinafter the
“Ordinance,” creating the Morro Bay Tourism Business Improvement District, hereinafter
“MBTBID,” in accordance with the provisions of the Parking and Business Improvement Area
Law of 1989, Streets and Highways Code section 36500 et seq., hereinafter the “1989 Law.”
B. The 1989 Law allows for formation of the MBTBID for a one-year term, and annual
renewal of the MBTBID. The MBTBID has been continually renewed since its formation. In
2012, the MBTBID was renewed on May 22, 2012 by Resolution No. 25-12 (Resolution).
C. Streets and Highways Code section 36530 authorizes the City to appoint an advisory
board for the MBTBID;
D. Contractor’s Board of Directors was designated in the Resolution as the advisory
board; and
E. City wishes to hire Contractor to provide MBTBID services. Contractor is willing to
provide services to the City on the terms and conditions set forth in this Agreement.
AGREEMENT
Now, therefore, the parties agree as follows:
1. Engagement. City hereby retains Contractor to provide the services described in Exhibit
A, and Contractor accepts such engagement.
2. Term. The term of this Agreement shall begin on January 1, 2013 and end on May 31,
2013 or, if the MBTBID is disestablished prior to May 31, 2013, the effective date of MBTBID
disestablishment. This Agreement may be renewed in one-year increments upon the approval of
the parties at the annual renewal of the MBTBID.
3. Independent Contractor. No relationship of employer and employee is created by this
Agreement; it being understood and agreed that Contractor is an Independent Contractor.
Contractor is not the agent or employee of the City in any capacity whatsoever, and City shall
not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred
by Contractor.
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A. Contractor shall have no claim under this Agreement or otherwise, for seniority,
vacation time, vacation pay, sick leave, personal time off, overtime, health insurance,
medical care, hospital care, retirement benefits, social security, disability, Workers’
Compensation, unemployment insurance benefits, civil service protection, or employee
benefits of any kind.
B. Contractor shall be solely liable for and obligated to pay directly all applicable
payroll taxes (including federal and state income taxes) or contributions for
unemployment insurance or old age pensions or annuities which are imposed by any
governmental entity in connection with labor used or which are measured by wages,
salaries or other remuneration paid to its officers, agents, or employees and agrees to
indemnify and hold City harmless from any and all liability which City may incur
because of Contractor’s failure to pay such amounts.
C. In carrying out the work contemplated herein, Contractor shall comply with all
applicable federal and state workers’ compensation and liability laws and regulations
with respect to the officers, agents and/or employees conducting and participating in the
work; and agrees that such officers, agents, and/or employees will be considered
Independent Contractors and shall not be treated or considered in any way as officers,
agents and/or employees of City.
D. Contractor agrees to perform its work and functions at all times in strict
accordance with all applicable federal, state, county, and city laws, resolutions,
regulations, titles, departmental procedures and currently approved methods and practices
in the field; and that the sole interest of City is to ensure that said service shall be
performed and rendered in a competent, efficient, timely, and satisfactory manner and in
accordance with standards required by the City.
E. Notwithstanding the foregoing, if the City determines that pursuant to state and
federal law Contractor is an employee for purposes of income tax withholding, City may
upon two (2) weeks’ written notice to Contractor, withhold from payments to Contractor
hereunder federal and state income taxes and pay said sums to the federal and state
governments.
4. Indemnification.
A. To the fullest extent permitted by law, Contractor shall hold harmless, defend and
indemnify the City, its City Council, employees and agents from and against any and all
claims, losses, damages, liabilities and expenses, including but not limited to reasonable
attorneys’ fees, arising out of or resulting from the performance of services under this
Agreement, provided that any such claim, loss, damage, liability or expense (1) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
property, including the loss there from, or to any violation of federal, state or municipal
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law or regulation, and (2) is caused by any negligent act, omission or willful misconduct
of Contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by any party indemnified hereunder. The City may participate in the
defense of any such claim without relieving Contractor of any obligation hereunder.
B. To the fullest extent permitted by law, the City shall hold harmless, defend and
indemnify Contractor, its Board of Directors, employees and agents from and against any
and all claims, losses, damages, liabilities and expenses, including but not limited to
reasonable attorneys’ fees, arising out of or resulting from the performance of services
under this Agreement, provided that any such claim, loss, damage, liability or expense (1)
is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
property, including the loss there from, or to any violation of federal, state or municipal
law or regulation, and (2) is caused by any negligent act, omission or willful misconduct
of City, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or not it is caused
in part by any party indemnified hereunder. The Contractor may participate in the defense
of any such claim without relieving City of any obligation hereunder.
5. Insurance. Insurance coverage in a minimum amount set forth herein shall not be
construed to relieve Contractor for liability in excess of such coverage, nor shall it preclude City
from taking such other action as is available to it under any other provisions of this Agreement or
otherwise in law.
A. Contractor affirms that it is aware of the provisions of Section 3700 of the
California Labor Code which requires every employer to be insured against liability for
Workers’ Compensation or to undertake self-insurance in accordance with the provisions
of the Code, and Contractor further assures that it will comply with such provisions
before commencing the performance of work under this Agreement. Contractor shall
furnish to City certificate(s) of insurance evidencing Worker’s Compensation Insurance
coverage to cover its employees, and Contractor shall require all subcontractors similarly
to provide Workers’ Compensation Insurance as required by the Labor Code of the State
of California for all of Contractor’s and subcontractors’ employees.
B. Contractor shall furnish to City certificates of insurance with Automobile
Liability/General Liability Endorsements evidencing at a minimum the following:
(1) Combined single limit bodily injury liability and property damage liability
- $1,000,000 each occurrence.
(2) Vehicle / Bodily Injury combined single limit vehicle bodily injury and
property damage liability - $500,000 each occurrence.
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6. Worker’s Compensation. Contractor shall provide Workers' Compensation insurance, as
applicable, at Contractor's own cost and expense. Neither Contractor nor its carrier shall be
entitled to recover from City any costs, settlements, or expenses of Workers' Compensation
claims arising out of this Agreement.
7. Conformity with Law.
A. In performing services under this Agreement, Contractor shall observe and
comply with all applicable laws, resolutions, codes and regulations of governmental
agencies, including federal, state, municipal, and local governing bodies, having
jurisdiction over the scope of services, including all applicable provisions of the
California Occupational Safety and Health Act. Contractor shall indemnify and hold City
harmless from any and all liability, fines, penalties, and consequences from any of
Contractor’s failures to comply with such laws, Resolutions, codes, and regulations.
B. If a death, serious personal injury or substantial property damage occurs in
connection with Contractor’s performance of this Agreement, Contractor shall
immediately notify the City. Contractor shall promptly submit to City a written report, in
such form as may be required by City, of all accidents which occur in connection with
this Agreement. This report must include the following information:
(1) Name and address of the injured or deceased person(s);
(2) Name and address of Contractor's sub-contractor, if any;
(3) Name and address of Contractor's liability insurance carrier; and
(4) A detailed description of the accident and whether any of City's
equipment, tools, material, or staff were involved.
C. Contractor further agrees to take all reasonable steps to preserve all physical
evidence and information which may be relevant to the circumstances surrounding a
potential claim, while maintaining public safety, and to grant to the City the opportunity
to review and inspect such evidence, including the scene of the accident.
8. Payment. On a monthly basis, City shall forward to Contractor the MBTBID assessment
funds collected. Funds shall be disbursed to Contractor no more than ten days after they are
received by the City.
9. Taxes. Payment of all applicable federal, state, and local taxes shall be Contractor’s sole
responsibility.
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10. Ownership of Documents.
A. Contractor hereby agrees to provide to a private, not-for-profit, successor and if
there is none then assigns the City and its assignees all copyright and other use rights in
any and all proposals, plans, specifications, designs, drawings, sketches, renderings,
models, reports, and related documents (including computerized or electronic copies)
respecting in any way the subject matter of this Agreement, whether prepared by the City,
the Contractor, the Contractor’s subcontractors or third parties at the request of the
Contractor (collectively, “Documents and Materials”). This explicitly includes electronic
copies of all above stated documentation.
B. Contractor shall be permitted to retain copies, including reproducible copies and
computerized copies, of Documents and Materials. Contractor agrees to take such further
steps as may be reasonably requested by City to implement the aforesaid assignment. If
for any reason said assignment is not effective, Contractor hereby grants the City and any
assignee of the City an express royalty – free license to retain and use said Documents
and Materials. The City’s rights under this paragraph shall apply regardless of the degree
of completion of the Documents and Materials and whether or not Contractor’s services
set forth in Exhibit “A” of this Agreement have been fully performed or paid for.
C. Contractor shall pay all royalties and license fees which may be due for any
patented or copyrighted materials, methods or systems selected by Contractor and
incorporated into the work as set forth in Exhibit “A,” and shall defend, indemnify, and
hold the City harmless from any claims for infringement of patent or copyright arising
out of such selection.
D. The City’s rights under this Section shall not extend to any computer software
used to create such Documents and Materials.
E. Contractor shall maintain all documents and records in accordance with the
California Public Records Act, Government Code section 6250 et seq.
11. Conflicts of Interest. Contractor covenants that it presently has no interest, and shall not
have any interest, direct or indirect, which would conflict in any manner with performance of
services required under this Agreement.
12. Notices. All notices, requests, demands, or other communications under this Agreement
shall be in writing. Notices shall be given for all purposes as follows:
A. Personal delivery: When personally delivered to the recipient, notices are
effective on delivery.
B. First Class Mail: When mailed first class to the last address of the recipient
known to the party giving notice, notice is effective three (3) mail delivery days after
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deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed
certified mail, return receipt requested, notice is effective on receipt, if delivery is
confirmed by a return receipt.
C. Overnight Delivery: When delivered by overnight delivery with charges prepaid
or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed
by the delivery service.
D. Addresses for purpose of giving notice are as follows:
To City:
City of Morro Bay
Attn: Robert Schultz
595 Harbor Street
Morro Bay, CA 93442
To Contractor:
Morro Bay Tourism Bureau
c/o Joan Solu, Chairperson
255 Morro Bay Boulevard
Morro Bay, CA 93442
E. Any correctly addressed notice that is refused, unclaimed, or undeliverable
because of an act or omission of the party to be notified shall be deemed effective as of
the first date that said notice was refused, unclaimed, or deemed undeliverable by the
postal authorities, messenger, or overnight delivery service.
F. Any party may change its address by giving the other party notice of the change
in any manner permitted by this Agreement.
13. Use of City Property. Contractor shall not use City property, including equipment,
instruments and supplies, or personnel for any purpose other than in the performance of its
obligations under this Agreement.
14. Equal Employment Opportunity Practices Provisions. Contractor certifies that it is in
compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as
amended by Executive Order 11375 and supplemented I 45CFR, Part 60, Title VII of the Civil
Rights Act and any other federal or state laws pertaining to equal employment opportunity and
that it shall not discriminate against any employee or applicant for employment on the basis of
race, color, religion, age, sex, national origin, ancestry, marital status, political affiliation, or
physical or mental condition, in matters pertaining to recruitment, hiring, training, upgrading,
transfer, compensation, or termination.
A. Contractor shall, in all solicitations or advertisements for applicants for
employment placed as a result of this Agreement, state that it is an “Equal Opportunity
Employer” or that all qualified applicants will receive consideration for employment
without regard to their race, creed, color, disability, sex, sexual orientation, national
origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-
merit factor.
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B. Contractor shall, if requested to so do by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of
their race, creed, color, disability, sex, sexual orientation, national origin, age, religion,
Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.
C. If requested by the City, Contractor shall provide the City with access to copies of
all of its records pertaining or relating to its employment practices, except to the extent
such records or portions of such records are confidential or privileged under state or
federal law.
D. Nothing contained in this Agreement shall be construed in any manner so as to
require or permit any act which is prohibited by law.
E. Contractor shall include the provisions set forth in this Section in each of its
subcontracts.
15. Compliance with Licensing Requirements. Contractor shall comply with all necessary
licensing requirements and shall obtain appropriate licenses and display the same in a location
that is reasonably conspicuous, and file copies of same with the City.
16. Audits and Records Access.
A. Contractor shall make available to the City, its authorized agents, officers, or
employees, for examination any and all ledgers, books of accounts, invoices, vouchers,
cancelled checks, and other records or documents evidencing or relating to the
expenditures and disbursement of MBTBID assessment funds, and shall furnish to the
City, within sixty (60) days after examination, its authorized agents, officers, or
employees such other evidence or information as the City may require with regard to any
such expenditure or disbursement charged by Contractor.
B. Contractor shall maintain full and adequate records in accordance with City
requirements to show the actual costs incurred by the Contractor in the performance of
this Agreement. If such books and records are not kept and maintained by Contractor
within the City, Contractor shall, upon request of the City, make such books and records
available to the City for inspection at a location within City or Contractor shall pay to the
City the reasonable and necessary costs incurred by the City in inspecting Contractor’s
books and records, including, but not limited to, travel, lodging, and subsistence costs.
Contractor shall provide such assistance as may be reasonably required in the course of
such inspection. The City further reserves the right to examine and re-examine said
books, records, and data during the four (4) year period following termination of this
Agreement or completion of all work hereunder, as evidenced in writing by the City, and
Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records,
accounts, and data in any manner whatsoever for four (4) years after the City makes the
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final or last payment or within four (4) years after any pending issues between the City
and Contractor with respect to this Agreement are closed, whichever is later.
17. Documents and Materials. Contractor shall maintain and make available to City for its
inspection and use during the term of this Agreement, all Documents and Materials, as defined in
this Agreement. Contractor’s obligations shall continue for four (4) years following termination
or expiration of this Agreement, and Contractor shall in no event dispose of, destroy, alter, or
mutilate said Documents and Materials, for four (4) years following the City’s last payment to
Contractor under this Agreement.
18. Time of Essence. Time is of the essence in respect to all provisions of this Agreement
that specify a time for performance; provided, however, that the foregoing shall not be construed
to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
19. Termination/Disestablishment. The City has and reserves the right to suspend, terminate
or abandon the execution of any work by Contractor without cause at any time after the adoption
of a resolution of intention to disestablish the MBTBID pursuant to the 1989 Law by City and
upon providing Contractor a copy of the adopted resolution of intention. In the event the City
disestablishes the MBTBID, Contractor shall be entitled to retain MBTBID revenues only for
paying the Contractor’s current liabilities of the MBTBID. Pursuant to the 1989 Law, Contractor
shall refund to City any remaining MBTBID revenues or any revenues derived from the sale of
assets acquired with MBTBID revenues to enable distribution of the revenues to the businesses
which paid the assessment. Contractor agrees that City has and reserves the right to deny the
transfer of MBTBID revenues and/or suspend, terminate or abandon the execution of any work
by the Contractor in accordance with this agreement or misfeasance, nonfeasance, or gross
malfeasance, or criminal conduct as determined by a court of competent jurisdiction. Any
retention of MBTBID revenues by Contractor shall comply with the 1989 Law.
20. Choice of Law. This Agreement, and any dispute arising from the relationship between
the parties hereto, shall be governed by the laws of the State of California.
21. Advertising or Publicity. Contractor shall not use, reproduce or copy the seal of the City
and shall not represent the City in an official capacity as spokesperson or officer or agent or use
the name City of Morro Bay, or the names of the City’s officers, directors, employees or agents,
in advertising or publicity releases or otherwise without securing the prior written consent of the
City in each instance unless set forth in this Agreement. Nothing in this section prohibits
Contractor from using the name Morro Bay Tourism Business Improvement District or City of
Morro Bay for regional identification for promotion and marketing of the MBTBID.
22. Entire Agreement. This Agreement, including all attachments, exhibits, and any other
documents specifically incorporated into this Agreement, shall constitute the entire agreement
between City and Contractor relating to the subject matter of this Agreement. As used herein,
Agreement refers to and includes any documents incorporated herein by reference and any
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exhibits or attachments. This Agreement supersedes and merges all previous understandings,
and all other agreements, written or oral, between the parties and sets forth the entire
understanding of the parties regarding the subject matter thereof. This Agreement may not be
modified except by a written document signed by both parties.
23. Modification of Agreement. This Agreement may be supplemented, amended, or
modified only by mutual agreement of the parties; however, this Agreement shall be subject to
any amendments to the MBTBID per resolutions adopted by the City Council. No supplement,
amendment, or modification of this Agreement, except for a duly adopted amendment to the
MBTBID, shall be binding unless it is in writing and signed by authorized representatives of
both parties.
24. Assurance of Performance. If at any time the City has good objective cause to believe
Contractor may not be adequately performing its obligations under this Agreement or that
Contractor may fail to complete services as required by this Agreement, City may request from
Contractor prompt written assurances of performance and a written plan acceptable to City, to
correct the observed deficiencies in Contractor’s performance. Contractor shall provide such
written assurances and written plan within thirty (30) calendar days of its receipt of City’s
request and shall thereafter diligently commence and fully perform such written plan. Contractor
acknowledges and agrees that any failure to provide such written assurances and written plan
within the required time is a material breach under this Agreement.
25. Subcontracting/Assignment. Contractor shall not subcontract, assign or delegate any
portion of this Agreement or any duties or obligations hereunder without the City’s prior written
approval.
A. Neither party shall, on the basis of this Agreement, contract on behalf of or in the
name of the other party. Any agreement that violates this Section shall confer no rights on
any party and shall be null and void.
B. Contractor may use subcontractors to provide any portions of the service
identified in Exhibit A without prior written consent of the City.
C. Contractor shall remain fully responsible for compliance by its subcontractors
with all the terms of this Agreement, regardless of the terms of any agreement between
Contractor and its subcontractors.
26. Survival. The obligations of this Agreement, which by their nature would continue
beyond the termination or expiration of the Agreement, including without limitation obligations
regarding indemnification, ownership of documents, and conflict of interest, shall survive
termination or expiration for two (2) years.
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27. Severability. If a court of competent jurisdiction holds any provision of this Agreement
to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and
enforceability of the remaining provisions, or portions of them, will not be affected, unless an
essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable,
or invalid provision.
City of Morro Bay
By____________________________________
____________________________________
(print name)
Title:__________________________________
Date:_________________________________
Morro Bay Tourism Bureau
By___________________________________
____________________________________
(print name)
Title:_________________________________
Date:_________________________________
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EXHIBIT A
Scope of Services
Contractor shall provide the following services:
1. Contractor shall cooperate with City and City staff in the performance of all work hereunder.
2. Contractor will provide projects, programs and activities that benefit lodging establishments
within the MBTBID in accordance with the MBTBID Ordinance, Resolutions, and the Annual
Report attached hereto and any subsequent amendments thereto.
3. Contractor will provide and fund such additional projects, programs, and activities to promote
tourism in Morro Bay as may be made possible through other non‐assessment funding sources.
These other funds must be accounted for separately from assessment funds.
4. Contractor shall perform responsibilities of the Advisory Board under the 1989 Law, including
but not limited to:
a. Preparation of the Assessment Report required by Streets and Highways Code section
36533, which shall be filed with the City Clerk and include:
i. Any proposed changes in the MBTBID boundaries or benefit zones;
ii. The improvements and activities to be provided for the fiscal year;
iii. An estimate of the cost of providing the improvements and activities for the
fiscal year;
iv. The method and basis of levying the assessment in sufficient detail to allow
each business owner to estimate the amount of the assessment to be levied
against his or her business for that fiscal year;
v. The amount of any surplus or deficit revenues to be carried over from a
previous fiscal year; and
vi. The amount of any contributions to be made from sources other than
assessments levied.
b. Delivering the Annual Report at least thirty (30) days preceding the fiscal year for which
assessments are to be levied and collected to pay the costs of the improvements.
5. Contractor shall develop and maintain financial records related to receipt and/or expenditure of
all funds received from City.
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6. Contractor may retain subcontractors to deliver the services herein; however, Contractor shall
remain fully responsible for compliance by its contractors with all the terms of this Agreement,
regardless of the terms of any agreement between the Contractor and its subcontractor.
AGENDA NO: D-3 MEETING DATE: January 22, 2013
Prepared By: ____RWS ________
City Manager Review: _____________
City Attorney Review: RWS
Staff Report
TO: Honorable Mayor and City Council DATE: January 15, 2013
FROM: Robert Schultz, City Attorney
SUBJECT: Approval of Agreement Between the City and the Morro Bay Tourism
Bureau to Fund the Visitor Center
RECOMMENDATION
Review and approve the Agreement attached hereto between the City of Morro Bay and the
Morro Bay Tourism Bureau to fund the Visitor Center.
FISCAL IMPACT
The City Council has authorized funding for the operation of the Visitor Center for the remainder
of the 2012/13 fiscal year to the Morro Bay Tourism Bureau in the amount of $58,500.
DISCUSSION
On February 28, 2012 and on April 24, 2012 the City Council approved the transfer of the
Visitor Center duties and responsibilities from the Chamber of Commerce to the Morro Bay
Tourism Bureau as of January 1, 2013. The contract attached is almost identical to the one that
has been in existence for many years with the Chamber of Commerce. The Tourism Board will
be operating the Visitor Center at 255 Morro Bay Blvd.
CONCLUSION
Staff recommends that Council approve the attached Agreement and authorize the City Manager
to execute the Agreement.
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Morro Bay Visitor Center Agreement
This Agreement is made and entered into this 1st of January, 2013 by and between the City of
Morro Bay, a municipal corporation, hereinafter referred to as “City” and the Morro Bay
Tourism Bureau, a non-profit corporation, hereinafter referred to as “Bureau”.
Recitals
Whereas, City recognizes that the need for continued development of the economic base if the
community is important, and therefore, wishes to provide for a coordinated effort to encourage,
promote, and foster the economic development of the community, and promote its advantages as
a tourist and recreational center; and
Whereas, arranging, obtaining and distributing favorable coverage about the community, to be
read by potential visitors to City, is an integral part of its promotion as a tourist and recreation
center; and
Whereas, Bureau has experience, together with available facilities to provide visitor center
services, necessary to enhance the economic development and vitality for the City; and
Whereas, the City and the Bureau agree that these goals can best be accomplished through the
operation of a Visitor Center by the Bureau, under the terms and conditions outlined hereinafter,
making use of funds provided, pursuant to this contract, by City for operations of the Visitor
Center.
Covenants
Now, therefore, in consideration of the covenants and conditions stated herein, and in
consideration of the mutual benefits that will accrue to each of the parties hereto, as well as to
the public good of all the citizens of Morro Bay, the parties have agreed, and do hereby agree, as
follows:
1. That the foregoing recitals are true and correct, and constitute accurate statements of the
facts herein.
2. The term of this agreement shall commence on January 1, 2013 and terminate on June 30,
2013.
3. The maximum amount due and payable during the term of this contract is $58,500. City
shall pay said amount to Bureau in monthly increments of $9,750, in advance, for each
contract month. Such funds are to be expended only under the terms, conditions and
restrictions, and for the purposes specifically set forth in this agreement.
4. The Bureau shall provide and perform services to facilitate the welcoming and hospitality
of visitors to Morro Bay, in a manner designed to promote the unique character, heritage
and special attributes of the community and enhance the economic vitality of the City.
5. The Bureau shall provide qualified and competent staff in public relations, and public
information shall be available, as necessary, for the successful implementation of the
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Agreement. The Bureau’s Executive Director shall be responsible for the day-to-day
operations and management of the agreement.
6. The Bureau shall also maintain an office in the City suitable for the conduct of visitor
information services. Said office is to be open to facilitate contact with news media
representatives, and to disseminate new releases and promotions information, in a
professional manner, for various media, general public, and visitor information needs.
The Visitor Center shall be open on all weekends and holidays with the exception of
Thanksgiving Day, Christmas Eve, Christmas Day, New Years Day and Easter. The
Visitor Center will be open every day and at least 50 hours per week during high season
(Memorial Day through Labor Day) and at least 40 hours per week the remainder of the
year.
7. The Bureau shall conduct promotional and publicity activities and programs for the City
and maintain an electronic events calendar on the City website and the Chamber of
Commerce website, if desired.
8. The Bureau shall respond promptly (same business day) to high volumes of information
requests including telephone calls and emails. The Bureau shall maintain a voice mail
system during closed office hours to receive messages for visitor information requests.
9. The Bureau shall coordinate services for prospective visitor groups, to include referrals to
motels, rental facilities, caterers, entertainment and other services. Said referrals will be
tracked and recorded. The Bureau shall provide promotional publication materials for
visitors, in a quality form acceptable to City, that specify recreational opportunities,
campgrounds, art galleries and other services.
10. The Bureau shall ensure that no funds provided by City will be used to support non-
visitor center activities. Nothing in this contract, however, shall prevent the City from
specifically funding new projects as proposed by the Bureau.
11. The Bureau shall submit written and oral monthly reports to the Tourism Business
Improvement District (TBID) regarding visitor information and promotional activities.
These reports need not be lengthy, but should be specific as to the following:
a. Number of visitors to the Visitor Center.
b. The type and quantity of materials dispensed from the Visitor Center.
c. Summary of telephone and email information requests received.
d. The type and quantity of any special materials distributed to groups.
e. The number of Destination Guides mailed and visitor site referrals made.
f. Responses to City TBID specials and packages.
g. Summary of the Monthly expenditures delineating Visitor Center expenditures.
h. Copies of invoices to support charges.
Failure to provide such monthly reports will be considered by the City as possible
grounds for termination of the contract.
12. The Bureau agrees to make its books and financial records concerning the funds
expended under this agreement available to City for inspection, review and audit. The
Bureau will, at no expense to City, provide an annual report and accounting of
expenditures of the funds covered by this agreement. The City Administrative Services
Director shall work with the Bureau to perform a detailed financial review at the end of a
fiscal year which will be presented to the TBID.
13. The Bureau agrees that all persons working for the Bureau under this Agreement shall be
employees of the Bureau, subject to the exclusive management and control, and shall in
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no way be considered employees of City; and that any liability, which might arise under
the Worker’s Compensation Law of the State of California due to any injury of any
employee of the Bureau, shall be the sole liability of the Bureau. The Bureau shall,
throughout the period of this Agreement, maintain in full force and effect, a policy of
worker’s compensation insurance meeting statutory limits of Labor Code covering all its
employees and volunteers. Said policy shall include a waiver of subrogation against
City, its officers, agents, employees and volunteers.
14. The Bureau shall not use any monies received under this Agreement for the endorsement,
opposition or participation in any political or lobbying activity involved in the support or
opposition to any candidate for public office or proposed ballot measure.
15. The Bureau agrees to indemnify, defend and hold harmless City, and its officers,
employees, and agents, from any and all claims, suits, demands and causes of action
resulting from the acts or failure to act of any agent, servant or employee of the Bureau.
16. The Bureau shall obtain and maintain, in full force and effect during the term of the
Agreement, a $1,000,000 liability insurance policy specifically naming City as primary
additional insured against claims and demands resulting from injuries to persons and
property upon premises maintained by the Bureau, during Bureau sponsored activities
and events, wherever situated. Said insurance policy shall provide for thirty (30) day
notice of cancellation to City. Within ten (10) days of the date of execution of this
Agreement, the Bureau shall submit to City evidence of such insurance.
17. Notwithstanding any other representation, oral or written, between the parties, including
any and all agents or representatives thereof, the Bureau is at all times during the term of
this Agreement acting as a free and independent contractor, and shall not be an employee
or an agent of the City.
18. Except as City may authorize in writing, the Bureau shall have no authority, express or
implied to act on behalf of City in any capacity whatsoever as an agent. The Bureau shall
have no authority, express or implied, pursuant to this Agreement, to bind City to any
obligations whatsoever.
19. The Bureau shall not enter into any contract or agreement that will create a conflict of
interest with its duties to City under this Agreement. No member, official or employee of
City shall have any personal interest, direct or indirect, in this Agreement, nor shall any
such member, official or employee participate in any decision relating to this Agreement
which affects his personal interests or the interests of any corporation, partnership, of
association in which he is directly or indirectly interested. The Bureau warrants that it
has not paid or given, and will not pay or give, any third party any money or other
consideration for obtaining this Agreement
20. The Bureau represents and warrants to City that it has, and shall maintain at all time
during the term of this Agreement, at its sole cost and expense, all business licenses,
permits, qualifications and approvals of whatsoever nature which are legally required for
the Bureau to provide the service hereunder.
21. The Bureau shall perform all services required pursuant to this Agreement in a manner
and according to the standards observed by a competent practitioner of the profession in
which the Bureau is engaged. All products and services of any nature which the Bureau
provides to City and to visitors to the Visitor Center shall conform to the standards of a
quality normally observed by licensed, competent organizations practicing in the
Bureau’s profession.
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22. The Bureau shall devote such time to the performance of services as may be reasonably
necessary for the satisfactory performance of the Bureau’s obligations pursuant to this
Agreement. Neither party shall be considered in default of this Agreement to the extent
performances are prevented or delayed by any cause, present or future, which is beyond
the reasonable control of the parties. The Bureau agrees to assign only competent
personnel according to the reasonable and customary standards of training and experience
in the relevant field to perform services pursuant to this Agreement.
23. During the term of this Agreement should the Bureau be dissolved, disbanded, or
otherwise cease to function in a manner described in this Agreement, all funds
attributable to the City, and equipment purchased out of funds provided by the City, shall
revert to ownership of the City. For the purpose of this provision, the Bureau shall
maintain a written record of, and include as part of each annual report, a listing of capital
equipment that has been purchased with the funds provided by the City.
24. No party to this Agreement may assign any right or obligation pursuant to this
Agreement. Any attempted or purported assignment of any right or obligations pursuant
to this Agreement shall be void and of no effect.
25. The Bureau agrees to comply with all fair employment practice laws of the State and
Federal government. The Bureau covenants and agrees for itself, its successors, its
assigns and every successor in interest, that there shall be no discrimination against or
segregation of any person or group of persons on account of race, color, creed, religion,
sex, sexual orientation, medical condition, disability, marital status, ancestry or national
origin in the provision of any services to be provided by the Bureau hereunder, nor shall
the Bureau of any person claiming under or through the Bureau establish or permit any
such practice or practices of discrimination of segregation in the provision of any services
to be provided by the Bureau hereunder.
26. The failure of the Parties to abide by any of the terms of this Agreement shall constitute a
default under this Agreement. If either party fails to cure any such default within five (5)
days of receiving notice from the other party of such default, then this Agreement may be
terminated by giving ten (10) days written notice of such termination. Upon any such
termination, the final monthly payment to be paid under Paragraph 3, above, shall be
adjusted on a pro rata basis, based on a 30 day month, to the date of such termination, and
if applicable, the Bureau shall immediately return to City any amounts previously paid by
City for any period subsequent to the date of such termination.
27. In addition to termination pursuant to Paragraph 26 above, this Agreement may be
terminated in whole or in part at any time by either party hereto upon thirty (30) days
written notice to the other as identified below. In the event of any termination of this
Agreement, all rights and obligations of both parties hereto, including without limitation
the monthly payment from City to the Bureau hereunder, shall terminate as of the date of
such termination (and the final monthly payment shall be adjusted on a pro rata basis to
the date of such termination).
28. This document represents the entire understanding between the parties and supersedes all
prior negotiations, representations or agreements, either written or oral. This Agreement
may only be amended in writing signed by both parties.
29. Should any provision of this Agreement be deemed to be legally void or unenforceable,
all remaining provisions shall survive and be enforceable. This Agreement shall in all
respects be governed by the laws of the State of California.
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30. In the event suit is brought for the enforcement, or interpretation, of this Agreement, the
prevailing party shall be entitled to reasonable attorney’s fees.
In Witness Whereof, the parties hereto have caused this Agreement to be executed as of the day
and year first above written.
City of Morro Bay Morro Bay Tourism Bureau
_____________________________________ ______________________________
Andrea Lueker, City Manager Joan Solu, Chairperson
Staff Report
TO: Honorable Mayor and City Council DATE: January 14, 2013
AGENDA NO: D-4
MEETING DATE: January 22, 2013
Prepared By: _______________________ Dept Review: ___________
City Manager Review: ________________ City Attorney Review: ________________
FROM: Robert Schultz, City Attorney
SUBJECT: Approval of Assignment of Contract with Barnett Cox & Associates for
Advertising and Marketing Services to the Morro Bay Tourism Bureau
RECOMMENDATION:
Approve the attached Assignment to transfer the contract between the City of Morro Bay and
Barnett Cox & Associates for Advertising and Marketing Services to the Morro Bay Tourism
Bureau.
FISCAL IMPACT:
None.
DISCUSSION
In June 2011, the City of Morro Bay entered into a contract with Barnett Cox & Associates (BCA)
for Marketing and Advertising Services. With the formation of the non-profit corporation, the Morro
Bay Tourism Bureau, that entity is now capable of entering into its own contracts. Therefore, the
City should transfer and assign its rights and duties under the contract between the City and BCA to
the Morro Bay Tourism Bureau.
CONCLUSION:
It is Staff’s recommendation that Council approve the attached Assignment.
ASSIGNMENT OF CONTRACT
For valuable consideration, receipt of which is hereby acknowledged, the undersigned, the
City of Morro Bay, (Assignor) hereby assign all of their right, title and interest in and to that certain
Contract dated June 1, 2011, between Barnett, Cox & Associates, and City of Morro Bay, for
Marketing and Advertising Services (Contract), to the Morro Bay Tourism Bureau (Assignee).
Assignor warrants and represents that said contract is in full force and effect and is fully
assignable. Assignor further warrants that it has the full right and authority to transfer said contract
and that contract rights herein transferred are free of lien, encumbrance or adverse claim. Said
contract has not been modified and remains on the terms contained therein.
Assignee hereby assumes and agrees to perform all remaining obligations of Assignor under
the contract and agrees to indemnify and hold Assignor harmless from any claim or demand
resulting from non-performance by Assignee.
Dated: ___________________ By: __________________________
City of Morro Bay
Dated: ___________________ By: ___________________________
Morro Bay Tourism Bureau
Barnett, Cox & Associates, a party to the Contract, consents to this assignment and affirms
that no modification of the contract is made or intended, except that Assignee is now and hereafter
substituted for Assignor.
Dated:___________________ By: __________________________
Barnett Cox & Associates
Council Report
TO: City Council DATE: January 15, 2013
FROM: Jamie L. Irons, Mayor
SUBJECT: Discuss the January 10th, 2013 California Coastal Commission Hearing and
Decision on the City of Morro Bay and Cayucos Sanitary District WWTP
Application, Current WWTP Needs, Regulation Requirements, and a Future
WWTP, and Provide Direction to Staff on the above
RECOMMENDATION
Discuss the decision of the California Coastal Commission, our current WWTP needs and
regulation requirements, and future WWTP as it relates to the City of Morro Bay and Cayucos
and provide direction to staff.
BACKGROUND
On January 10th, 2013 the California Coastal Commission ruled to deny A-3-MRB-11-001, the
Morro Bay-Cayucos Sanitary District Waste Water Treatment Plant Application. The Coastal
Commission heard the City of Morro Bay present Resolution 07-13 supporting Coastal
Commission staff’s recommendation to deny A-3-MRB-11-001, and heard public comment from
Cayucos Sanitary District to withdraw the application. Further public comment supported the
denial with some public comment to approve the project or withdraw the application. The City
of Morro Bay requested to reschedule the regular Joint MB/CSD meeting from January 10th to
January 24th. Cayucos was unable to attend a joint meeting on January 24th; as such, the next
scheduled joint meeting will be February 14th, 2013 at the Cayucos Veteran’s Hall.
DISCUSSION
Discuss the needs of the current WWTP and regulatory requirements, discuss a future WWTP
and the plan to implement it, discuss the relationship and agreement with the Cayucos Sanitary
District.
CONCLUSION
Make recommendation and direction to staff as needed or take no action.
AGENDA NO: D-5 MEETING DATE: 1/22/13
Prepared By: ___JLIrons___ Dept Review:_____
City Manager Review: ________
City Attorney Review: ________