HomeMy WebLinkAboutResolution 56-93 to 106-93RESOLUTIONS
1993
NO. TITLE ADOPTED
56-93 Resolution Ratifying San Luis Obispo
Council of Governments Joint Powers
Agreement for Fiscal Year 1993-94 07-12-93
57-93 Resolution Authorizing Waiver of
Berthing Fees for the Tall Ship Lady
Washington 07-12-93
58-93 Resolution Confirming the Report of
City Staff Regarding the Weed Abatement
Procedure and Making Assessments 07-12-93
59-93 Resolution Confirming Diagram
Boundaries and Levying an Assessment
For the Bayshore Bluffs Park Maintenance
Assessment District 07-12-93
60-93 Resolution Amending the 1993-94
Fiscal Year Budget 07-12-93
61-93 Resolution of Intent to Vacate a Portion
Of Harbor Street Right -of -Way Between
Embarcadero and Front Street 07-12-93
62-93 Resolution Appointing David R. Hunt as
City Attorney and Approving the Contract
For Services 07-12-93
63-93 Resolution Supporting Medical Use of
Marijuana 07-12-93
RESOLUTIONS
1993
NO. TITLE ADOPTED
64-93 Resolution of Commendation to Stephen
Wolter for his Services as Morro Bay
Recreation & Parks Director 07-12-93
65-93 VOID
66-93 Resolution Ratifying Submittal of an
Application for Regional Surface
Transportation Program Funding for
The South Bay Blvd. Rehabilitation
Project 07-26-93
67-93 Resolution Establishing the Number of
Members and Composition of the Morro
Bay Municipal Code Ad -Hoc Committee 07-26-93
68-93 VOID
69-93 Resolution Relating to the Classification,
Compensation, and Terms of Employment
Of Miscellaneous Employees of the City 08-09-93
70-93 Resolution Relating to the Classification,
Compensation, and Terms of Employment
Of Police Employees of the City 08-09-93
71-93 Resolution Relating to the Classification,
Compensation, and Terms of Employment
Of Confidential Employees of the City 08-09-93
72-93 Resolution of City Policy Regarding Support
0 Of Harbor Festival Inc. 08-09-93
• RESOLUTIONS
1993
NO. TITLE ADOPTED
73-93 Resolution in Opposition of the California
State Assembly Bill 51 08-09-93
74-93 Resolution Vacating a Five -Foot Portion
Of Harbor Street Between Embarcadero
And Front Street 08-09-93
75-93 Resolution Accepting Offer of Dedication of
Right -of -Way on Embarcadero and Front
Street North of and Adjacent to Harbor St. 08-09-93
76-93 Resolution Establishing Community
. Development and Fire Department Rate
Schedules for Fiscal Year 1993-94 08-09-93
77-93 Resolution Rescinding Resolution No. 01-89
And Reestablishing the Order of Business
At City Council Meetings, and Setting
Certain Rules of Procedure Governing
Public Comments and Council Members
Abstentions 08-09-93
78-93 Resolution Approving Franchise Advisory
Board By -Laws 08-23-93
79-93 Joint Resolution by the County of San Luis
Obispo and the Cities of Morro Bay and
San Luis Obispo 08-23-93
80-93 Resolution Commending Stan Thomas for
His 24 Years of Public Service Upon
• Retirement from the City 08-23-93
• RESOLUTIONS
1993
NO. TITLE ADOPTED
81-93 Resolution Authorizing the Mayor to
Execute a Lease Agreement with Pacific
Gas & Electric for Construction of a
Gear Storage Area With a Grant From
The California Coastal Conservancy 08-23-93
82-93 Resolution Authorizing the Mayor to Sign
The San Luis Obispo County Regional
Hazardous Materials Cooperative Agreement 04-26-93
83-93 Resolution Supporting the County's
Adoption of Chapter 6.60 of the County
• Code; Directing the City Administrator
To Assist in Chapter 6.60's Implementation 09-13-93
84-93 VOID
85-93 Resolution Approving Public Area Use Permit
No. 744 for the 1993 Harbor Festival 09-13-93
86-93 Resolution Designating the City Administrator
As the Authorized Agent of the City for
Purposes of Closing the Disaster Assistance
Grant on the South T-Pier 09-13-93
87-93 Resolution Approving the City's
Transportation Development Act
Claim For Fiscal Year 1993-94 10-11-93
• RESOLUTIONS
1993
NO. TITLE ADOPTED
88-93 Resolution Approving Curbside Recycling
Franchise Agreement Between the City
And the Environmental Center of San
Luis Obispo and Related Increase in
Residential and Commercial Solid Waste
Collection Rates 10-25-93
89-93 Resolution Amending the Solid Waste
Franchise Agreement Between the City
And Morro Bay Garbage Service 10-25-93
90-93 Resolution Amending the Interim Non -
Exclusive Curbside Recycling Franchise
40 Agreement Between the City and Morro
Bay and Morro Bay Garbage Service 10-25-93
91-93 VOID
92-93 Resolution in Support of Proposition 172 10-11-93*
93-93 Resolution Authorizing Execution of an
Agreement Regarding the Use of Mortgage
Credit Certificates in the City and the
Administration of the Program by the
Housing Authority of the City of San
Luis Obispo 10-11-93*
94-93 Resolution Establishing Mandatory Measures
Implementing and Reaffirming the Policies
And Programs Related to Resources and
Subdivisions Contained in the General Plan
. And Local Coastal Plan 10-25-93
• RESOLUTIONS
1993
NO. TITLE ADOPTED
95-93 Resolution Accepting Fiduciary Obligations
Under Sandra Parks' Will and the Probate
Matter Estate of Sandra M. Parks, San Luis
Obispo County Superior Court Case No.
PR 022846 10-11-93*
96-93 Resolution Accepting Irrevocable Offer of
Dedication of a Two and One -Half Foot Wide
Strip of Property Along a Portion of Lot 18,
Block 19, March and McAlister Tract
(630 Embarcadero) 01-10-94*
• 97-93 Resolution Approving the Destruction of
Certain City Records Pursuant to Government
Code Section 34090, Et. Seq. 10-25-93
98-93 Resolution Designating a Non -Conforming
Mooring 10-25-93
99-93 VOID
100-93 Resolution Revising the Requirements for the
Residential Waiting List to Allow Transfers of
Properties on the List to New Owners and to
Allow Those New Owners to Retain the Original
Owners' Position on the List 10-25-93
101-93 Resolution Approving Public Area Use Permit
No. 777 for the 1993 Lighted Boat Parade 11-08-93
102-93 Resolution Approving Public Area Use
Permit Nos. 746-773 for the Cal Poly Crew
Club Practices and Regatta 11-08-93
RESOLUTIONS
1993
NO. TITLE ADOPTED
103-93 Resolution Approving Assignment of the
Lease for Lease Site 96/%W 11-22-93
104-93 Resolution Accepting a Grant of a Portion
Of Kennedy Way 12-13-93
105-93 VOID
106-93 Resolution Adding Permit Fee for Pygmy
Animals to the Master Fee Schedule 01-10-94*
48
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RESOLUTION m.1#-!
RESOLUTION m m EYE; PYGMY ATTMAtS
TO THE IASTKR mrSCHEDULE
THE w- COIJNCIL.
City of Norro Bay, California
WHEREAS, the City Council finds that a vemw fee o:
the keeGG of pygmy animals is Jus«RwC and
WHEREAS, Article w a G yes w: Ro,af the n«;ow G
Constitution p-ovides that vmwae frcm regulatory licenses,
user charges ano user fees wnich G not exceed the costar!
providing the requlatlor »w cot m mm wee m:constitute
wmm:a net ,J; ra
A«q:s 9,c19 has entablisqed and adopted aMoter
Yee yG!«e by Section « w of KeMunro G» m,D pal Code;
NOW, THEREFORE, BE IT RESOLVED :» the City G:w 9 of the
City :1Morro Pay that tho permit o, for we mew G of pygmy
,col: pursuant to Section « a.yn is esLahlished to he
93.m, per animal, a,2 y be alophed and wm:pomma into
the Master G, Schedule.
PASSED, APPROv m AND ADOPTED 61 the City G,w c of the
rcz a Morro ba, regular mewing held +emet cow m a
day ofz m ,gy, by the Following v s
AYES: eoer, Luna, Mullen, Unger, and Yates
ema toe
:: E , : we .
ATTEST:
..-- -- �
am��. LUG s rwz mei
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is
9
RESOLUTION NO. 104-93
RESOLUTION ACCEPTING A GRANT OF A PORTION OF KENNEDY WAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Kennedy Way is developed, used and maintained as a public street; and
WHEREAS, a 40 x 450 foot portion of Kennedy Way was not offered for dedication as a
public street by previous subdivisions; and
WHEREAS, the owners of that 40 x 450 foot portion of Kennedy Way presently
designated as Assessor's Parcel No. 066-281-041 have granted it to the City per the attached
documents; and
WHEREAS, it is in the public interest to formalize the existence of Kennedy Way as a
public street.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay,
California, that the grant made by the owners of said portion of Kennedy Way is hereby accepted;
and
BE IT FURTHER RESOLVED, that the City Administrator be authorized and directed to
execute and record documents appropriate to complete this acceptance.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 13th day of December, 1993, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Crotzer, Luna, Mullen, Unger, and Yates
None
None
ATTEST:
BRIDGETJ DAVIS, City Clerk
NM/LC :C:KENRES0
RECORDING REQUESTED BY
•
•
City of Morro Bay
slrr.l Public Works Department
•em.o 695 Harbor Street
Ca,a Morro Bay, CA 93442
s'°'• L J
SPACE A50VE THIS LINE FOR RECORDER'S USE
AFFIX I.R.S. $_. _.........._._ IN THIS SPACE
Grant Deed I
r0 05 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
L.C.Smull Trust as to an undivided one -sixth interest, Robert R. Cowgill Trust as to
an undivided one -sixth interest, Priscilla Allen Trust, as to an undivided ane-sixth
interest,lKarolyn K. Smull as to an undivided one -sixth interest & James P. Beresford
as to an undivided one-third interest
hereby GRANT to City of Morro Bay, A Municipal Corporation
the following described real property in the City of Morro Bay
County of San Luis Obipso , State of California:
See Exhibits A and B attached hereto and made a part hereof
Assessor's Parcel No. 066-281-041
3IuceSTATE
DatedI
OFPLATTE l
Bruce A. Cow-iI3, Co -Tr
ee
COUNTY OF }55.
�� Q
On — .Tulle 16, 1393 before me, the undo-
ne R Cow C T ustee
signed, a Notary Public in and for 'd State, personally appeared
'
James P. Beresford
'Priscilla Alle us ee
. known to me
Karolyn
la be rho person_whoso name subsai Led to the wltbil
instrument and aeknowlad,ad that he executed the same..
WITNESS To, hand and o1Le al seal
iY1EwalFre or '.
a!P '.
Si,mnme
5f1EUCCWPIb'1
A.
_ SuE;:q 19
Verda Mae Lutte
ins e -:
ilia'--
e ryed
My CommiSSli§ii g4jy& d2-20-97
r ITfi.Tddl$ cI. N..I I
�
tt Coamissiml e:hkes
-
Title Order No.-- ecrow or{asmt-PFa'^��'
•
EXHIBIT A
Beginning at a 3" x 4" stake with copper disc marked "RE 1880"
on the southwesterly boundary line of the above mentioned Lot
10, said stake being at the southeasterly corner of the five
acre parcel of land shown on the Map filed in Book 3, Page 92,
of Licensed Surveys of record of said County; thence along the
southeasterly line of said parcel North 270 27' East 450.00
feet; thence South 620 33' East, 40 feet; thence South 270 27'
West 450 feet to the southwesterly boundary line of the above
mentioned Lot 10; thence along said southwesterly boundary
line of Lot 10, North 620 33' West, 40 feet to the point of
beginning; as shown on Exhibit B attached.
•
PXOPER'rY Ce5�ziOEo
I CRXHI15IT A --
t, 27" 27 E 450.00
i5CHGOL PVoPERT`�
4-Z5 o.fL. 213
(194Co)
$4 Z7' Z7 ' E 450.00
IIJ 27.27' EL 4.Z3.31
13aa aR. a2 Gas)
1
uV*Z7'E
5--�5 o.R. 439 (Ig51)
A0
A 5CLE 1=
EXHIBIT a
2"XV
5r6xs
I•l
RESOLUTION NO. 103-93
APPROVAL OF ASSIGNMENT OF THE LEASE FOR LEASE SITE 96/96W
FROM AL HALL TO HAMID AND SHANIN SHELECHI
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro bay is lessor of tidelands property
known as Lease Site Lease Site 96/96W, and;
WHEREAS, Al Hall is the lessee of Lease Site 96/96W, and;
WHEREAS, City and lessee have amended the lease for Lease Site
96/96W on November 9, 1992 by Resolution 136-92, and;
WHEREAS, Mr. Hall has requested City approval of assignment of
the lease agreement as amended on November 9, 1992 to Hamid and Shanin
Shelechi.
WHEREAS, Hamid and Shanin Shelechi have submitted financial
documents and background information.
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of
Morro Bay that consent and approval is hereby given for assignment of
the lease for Lease Site 96/96W as amended on this date to Hamid and
Shanin Shelechi, subject to and contingent upon closure of escrow for
the purchase of the lease hold estate and execution of assignment
documents meeting the approval of the City Attorney's office by March
22, 1994.
BE IT FURTHER RESOLVED that failure to close escrow for purchase
of the lease hold estate, or fully execute assignment documents in a
form and format acceptable to the City Attorney's office by March 22,
1994 will serve to void this consent and approval of assignment and
this Resolution of the City Council will become null and void.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 22nd day of November, 1993,
by the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
WILLIAM YATES,
•
BRIDGETT AVIS, CITY CLERK
LEI
City -of Morro Bay �1
595 Harbor St •Morro Bay, CA 93443-1900 • 805-772-6200
A P I" r. Y C A T = d
CITY OF MORRO BAY
HARBOR DEPARTMENT
1275 EMBARCADERO
MORRO BAY, CA 93442
(805) 772-6254
APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS,
OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENTS .
To be completed and returned to the Harbor Office for processing.
LEASE SITE J: L G �' APPLICATION FEE:
Y1h ce Iz5
Lessee (please print) Business Name
;Po ;&C //<,Lq
ailing Address
City, State r� Zip
77 z Wiz.
Telephone
REQUEST: Briefly describe specific nature of approval requested.
AppYTcant's Signature Da e
• SEE REVERSE
CITY HALL
W9 1garbor Street
FIRE DEPARTMENT
715 Harbor Street
PUBLIC WORt<R
09D Haroor Srm,n
HARBOR DEPARTMENT' POLICE DEPARTMENT RECRIAI ION AND PAHKti
1275 Embarcadem S50 Moro Bay Blvd, 1001 Kennedy wry
NLI!1-1.c-1'F9F 12:74 FROM i:=ORNEP.STONE FIERL ESTRTE
TI_I 97726-1`8 P.01
•
n
u
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NOV 1 51993
11-30-93
TO THE MAYOR AND CITY COUNCIL
OF MORRO BAY.
DEAR MAYOR AND MEMBERS OF THE CITY COUNCIL:
THIS LETTER IS MY REQUEST TO ASSUME THE LAND LEASE OF THE
PROPERTY OF THE WHALE'S TAIL RESTAURANT.
I HAVE BEEN IN THE UNITED STATE FOR APPROX.6 YEARS.
I AM MARRIED AND HAVE TWO SONS.
MY PAST WORK EXPERIENCE INCLUDES WORKING FOR FOREMOST
DAIRY IN IRAN. ( SEE ENCLOSED LETTER )
SINCE ARRIVING IN THE U.S. I HAVE OWN AND OPERATED MY OWN
JEWELRY BUSINESS IN THE LOS ANGELES AREA.
APPROX. 3 YEARS AGO, I DECIDED TO MOVE OUT OF L. A. AND
BOUGHT A HOME IN SAN LUIS OBISPO.
I HAVE RECENTLY SOLD MY JEWELRY BUSINESS AND DECIDED TO
BUY A BUSINESS IN THE CENTRAL COAST, THAT MY FAMILY AND I
INTEND TO OPERATE.
MY INTENTIONS ARE TO CONTINUE THE WHALE'S TAIL OPERATION
AS IT IS AT PRESENT.
I ALSO INTEND TO PROCEED WITH CURRENT SCHEDULE MR. HALL IS
ON WITH THE UPGRADE OF THE CONCRETE REVETMENT WALL, DECK
AND PILINGS, AS REQUIRED BY THE CITY OF MORRO BAY.
I FEEL THAT I HAVE THE NECESSARY MEANS AND EXPERIENCE TO
KEEP THE WHALE'S TAIL RESTAURANT A SUCCESSFUL OPERATION.
MY FAMILY AND I ARE LOOKING FORWARD TO HAVING OUR OWN
BUSINESS IN MORRO BAY.
hJ10V-15-1'F33 12:36 FFOM CORNERSTONE PEHL ESTHTE TO 5772625E P.01
• IF YOU HAVE ANY FURTHER QUESTIONS. PLEASE LET ME KNOW AND
I WILL BE HAPPY TO ANSWER THEM.
SINCERELY,
MR. HAMI➢ SHELECHI
2374 FLORA ST.
SAN OBISPO, CA. 93401
TELEPHONE: 541-9136
E
li:iTFL F'.01
RESOLUTION NO. 102-93
A RESOLUTION OF THE CITY COUNCIL
APPROVING PUBLIC AREA USE PERMIT NOS. 746/773
FOR THE CAL POLY CREW CLUB PRACTICES AND REGATTA
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay Municipal Code requires the City Council
to authorize all special events held in the harbor; and,
WHEREAS, the Cal Poly Crew Club will be sponsoring a regatta on
March 05, 1994 starting at 6:00 a.m. for set-up and 8:00 a.m. for
race start; and,
WHEREAS, the Cal Poly Crew Club will be holding practices daily
in the Morro Bay harbor which presents an inherent conflict with
other harbor users; and,
WHEREAS, the City Council has reviewed the aforementioned
special event and daily practice request, and finds that adequate
insurance is provided for the City and the event will not interfere
with reasonable use of the harbor.
• NOW, THEREFORE, BE IT RESOLVED that the City Council approves
use of the harbor by the Cal Poly Crew Club for their daily
practices and Regatta as in "Attachment Al' attached hereto.
BE IT FURTHER RESOLVED by the City Council that the Recreation
and Parks Director is authorized to issue Public Area Use Permit
Nos. 746/773 for the Cal Poly Crew Club practices and Regatta.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held on this 8th day of November, 1993 by the
following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
MAYOR
ATTEST:
BRIDGET DAVIS
CITY CL RR al.res102-93
"ATTACHMENT All
RESOLUTION NO. 102-93
RECREATION AND PARRS
CITY OF MORRO BAY
CONDITIONS OF APPROVAL OF
PUBLIC AREA USE PERMIT NOS. 746/773
TO
CAL POLY CREW CLUB
The following conditions are placed on Pubic Area Use Permit No.
746/773 for the Cal Poly Crew Club's use of Coleman Park and the
harbor:
1. A liability insurance policy endorsement (not certificate)
in the amount of $1 million with an "A" rated company
naming the City of Morro Bay as additional insured without
offset to city's policy, as respects all operations of the
named insured.
2. Water use at Coleman Park restroom is expected by Cal Poly
Crew at a rate of 2 units/month [$3.50/unit for nine (9)
months (academic year)]. Payment shall be made to the City
for this water.
• 3. Regatta schedule shall be submitted to Harbor Department
for review and approval. Any costs associated with the
Regatta for Harbor Department staffing, vessel use or other
necessary services shall be reimbursed to City.
4. Crew Club agrees to avoid any loud noises, yelling,
shouting or whistling prior to 7:00 a.m. and to minimize
noises in the areas of vessels or the Embarcadero prior to
7:30 a.m. In accordance with the City's noise ordinance,
Crew Club shall control noises between 7:00 p.m. and 7:00
a.m.
5. Crew Club acknowledges they have the obligation and
responsibility to insure they do not endanger any other
vessel using the bay and/or wildlife, and will slow the
crew or support boats down or take evasive action when
presented with a potential conflict with other bay users.
6. Crew Club may tie up two (2) small support vessels (under
15 feet) to the unused inside portion of the Harbor Patrol
Dock, with a fee waiver, on a space available basis at the
discretion of the Harbor Patrol. If the Harbor Patrol
desires to assign or berth any other vessel at that
location, the Crew agrees to identify other mooring
• arrangements and relocate their vessels immediately.
• 7. Crew Club shall provide and pay for trash service at the
Crew Club building site and clean up the building site and
Coleman Park on a daily basis.
8. Crew Club shall enhance safety and security in the bay by
reporting all debris, suspicious activities, safety and/or
environmental hazards in the areas of their activity to the
Harbor Department.
9.
Crew Club is authorized to exceed the City speed limit of 5
miles per hour as listed in Morro Bay Municipal Code
15.12.010 during the Regatta and all team practices from
6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m.
10.
Crew Club shall provide written reports regarding Club
activities to the City and shall provide City with a
written complaint reporting procedure involving ASI
Recreational Sports staff. Any complaints, suggestions or
comments to the City shall be directed to the Harbor
Department for review and/or action as may be necessary.
11.
The Army Corps of Engineers and/or City Contractor
performing harbor dredging will be working in the same area
and shall have priority over facilities and right-of-way.
12.
Gear storage contractor may be working in the same area and
•
shall have priority over facilities and right-of-way.
13.
Crew Club has agreed to assist in doing bank mitigation for
the gear storage unit. A timeline shall be determined by
the Harbor Director.
By our signature below we
indicate we understand the
preceding conditions for Cal
Poly Crew use of harbor at
Morro Bay and Coleman Park,
and accept these conditions.
We further acknowledge the
City,s authority to cancel
the Permits issued above and
terminate Cal Poly Crew
Clubs use of the harbor for
regattas, practices or any
special events for failure
to abide any of the above
conditions.
Marcy Maloney
Assistant Recreational Sport
Director
al/polycrew
•
11
Chris Kafer
Crew Club President
Date
RESOLUTION NO. 101-93
A RESOLUTION OF THE CITY COUNCIL
. OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING PUBLIC AREA USE PERMIT NO. 777
FOR THE 1993 LIGHTED BOAT PARADE
T H E C I T Y C O U N C I L
City of Morro Bay, California
•
40
WHEREAS, the Morro Bay Municipal Code requires the City Council
to approve of and authorize all special events held in the harbor;
and,
WHEREAS, the City will be sponsoring the Annual Lighted Boat
Parade on December 4, 1993 starting at 6:30 p.m.; and,
WHEREAS, the City Council has reviewed the aforementioned
special event and finds that adequate insurance is provided by the
City and the event will not interfere with reasonable use of the
harbor for a period of more than four (4) hours.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay approves of the special event use of the harbor
for the Lighted Boat Parade on December 4, 1993.
BE IT FURTHER RESOLVED by the City Council that the Recreation
and Parks Interim Director is authorized to issue Public Area Use
Permit No. 777 for the Lighted Boat Parade.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held on this 8th day of November, 1993 by the
following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGET DAVIS
CITY CL R
c/u/admin/rs777-93
RESOLUTION NO. 100-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
REVISING THE REQUIREMENTS FOR THE RESIDENTIAL WAITING LIST TO
ALLOW TRANSFERS OF PROPERTIES ON THE LIST TO NEW OWNERS
AND TO ALLOW THOSE NEW OWNERS TO RETAIN
THE ORIGINAL OWNERS' POSITION ON THE LIST
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council held two public hearings regarding
the change in policy to allow transfers of property on the
Residential Waiting List on August 9, and September 27, 1993, and
WHEREAS, the City Council finds that transfers of ownership
are consistent with both the General Plan and the Local Coastal
Plan, and
WHEREAS, the City Council finds that allowing transfers
would result in a lesser economic impact on those who are
required to sell their property due to illness or catastrophic
occurrence, and
WHEREAS, The City Council finds that under the present
system, lot owners trying to sell their lot may be unable to
receive a fair amount because potential buyers know the lot will
• no longer be on the list once sold. By allowing transferability
of the position on the list, lot owners may be able to realize a
fairer price, and
WHEREAS, new water sources are anticipated to be provided in
the future based upon the to -be -adopted Water Management Plan,
thereby assuring water availability for property owners further
down on the list, and
WHEREAS, the City Council finds that, if transfers are
permitted, "out of escrow" deals between owners and buyers which
circumvent the current requirements would no longer occur.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
section 1: Any sale, gift, devise or transfer of property
occurring after September 27, 1993 shall not affect the position
of that property on the Residential Waiting List. The new owner
of each property shall notify the City Community Development
Department of his purchase and indicate his or her desire to have
that property remain on the Residential Waiting List. Said
notification shall be in writing within 45 days of sale of the
property and shall include, at a minimum, a recorded document of
transfer, the legal description, the assessor's parcel number,
and the name and mailing address of the new property owner.
E
RESOLUTION NO. 100-93
Page 2 of 2
Section 2: Each notification of transfer of ownership for
properties on the Residential Waiting List shall be subject to a
transfer fee of $30.00. Said fee shall be reviewed annually with
the City Fee Schedule.
Section 3: Each request to be placed on the Residential
Waiting List received after October 25, 1993, shall be
accompanied with a non-refundable initial fee of $25.00.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay at a regular meeting held thereof on the 25th
day of October, 1993, by the following vote:
AYES: Luna, Mullen,
NOES: Crotzer
ABSENT: None
ATTEST:
Unger, and Yates
-
BRIDGET16 DAVIS, City Clerk
RESOLUTION NO. 98-93
DESIGNATION OF NON -CONFORMING MOORING
. THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Sandal Makara's vessel has been moored in its current location at least
twelve years, and;
WHEREAS, the Municipal Code of the City of Morro Bay prohibits mooring of vessels
except in designated mooring areas and the Morro Bay Municipal code also requires the
owner or operator of any privately owned mooring within the City to pay fees as outlined
in the City Master Fee Schedule, and;
WHEREAS, Mr. Makara's mooring location is not currently in a designated location for
a mooring and Mr. Makara currently pays no fees, and;
WHEREAS, City and Mr. Makara wish to resolve the above issues by the City
designating Mr. Makara's mooring as a temporary authorized location, provided Mr. Makara
complies with applicable rules and regulations of the City of Morro Bay.
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the
City designates a specific mooring location in the city of Morro Bay for the mooring of
the Vessel "Monastery" and one support boat for the exclusive use of Sandal Makara. The
designated location of the mooring is shown on the attached map, labeled "Exhibit A" and
incorporated herein by reference. The fee for this mooring shall be as set out in the
City's Master Fee Schedule. Mr. Makara shall be responsible for provision, installation
and maintenance of all mooring equipment and gear as required by the Harbor Department and
shall meet the requirements of the City's Vessel Habitation Ordinance No. 427, except that
e vessel inspection may be performed at the vessel location, within 90 days of the date
this resolution.
BE IT FURTHER RESOLVED that Mr. Makara voluntarily provides assistance to users of
the waters of Morro Bay. Such assistance is at the sole discretion and liability of Mr.
Makara and that the city does not control or supervise Mr. Makara in these activities.
This designated mooring location shall not apply to any vessel other than the Monastery
and shall terminate immediately upon the transfer of title to the Monastery. In the event
of death of Mr. Makara, or should Mr. Makara relocate or abandon this vessel, this
Resolution shall become null and void and the designated mooring location shall terminate
immediately. In such event, City shall remove any remaining mooring gear and tackle and
store it for Mr. Makara's heir or successors for a period of 60 days. The City Council of
the City of Morro Bay directs City staff to report back to the City Council should Mr.
Makara not comply with the City rules and regulations including; payment of fees,
discharge of sewage or wastewater, City requirements for installation and inspection of
mooring gear and tackle, use of profane language or interference with Police or Harbor
Patrol on the radio during the period of use of this designated mooring. This resolution
may be rescinded and the City may terminate the use of the mooring location should the
City Council find that Mr. Makara has failed to comply with the terms and conditions of
use as outlined in this resolution.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held thereof on the 25th day of October, 1993, by the following vote:
AYES: Crotzer, Mullen, and Yates
NOES: Luna and Unger
SENT: None
BRIDGE DAVIS, CITY CLERK
RESOLUTION NO. 97-93
. A RESOLUTION APROVING THE DESTRUCTION OF CERTAIN
CITY RECORDS PURSUANT TO GOVERNMENT CODE
SECTION 34090, ET. SEQ.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the keeping of certain City records is not necessary
after a certain period of time for the effective and efficient
operation of the City; and
WHEREAS, Section 34090, et. seq. of the Government Code of the
State of California provides a procedure whereby certain City records
which have served their purpose and are no longer required may be
destroyed as long as the destruction of said records will not interfer
with the services and function of the City; and
WHEREAS, certain City records described as Dial -A -Ride ticket
stubs stored above the Dial -A -Ride office have been determined to be a
fire hazard by the Fire Department and they have ordered abatement of
the nuisance; and
WHEREAS, the ticket stubs represent over IS years' accumulation
and are unnecessary for any future requirements.
• NOW, THEREFORE BE IT RESOLVED as follows:
1. The City Administrator has determined these specific records
are not necessary for City services or functions and can be destroyed.
2. The City Attorney approves the destruction of said records
with a retention schedule of five years.
3. The destruction of these records is in accordance with
Government Code Section 34090, et. seq.
PASSED AND ADOPTED by the Morro Bay City Council at a regular
meeting thereof held on the ,25 day of October, 1993 on the
following votes:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGETn DAVIS, City Clerk
AUTHORIZATION TO DESTROY CITY RECORDS
I, David Hunt, City Attorney for the City of Morro Bay do hereby
authorize the destruction of records identified as:
(1) Dial -A -Ride ticket stubs and accompanying route sheets.
A minimum of the previous five years'abods shall b retained at
all times.
David Hunt, City Attorney
City of Morro Bay, CA
•
0
• RESOLUTION NO, 96-93
RESOLUTION ACCEPTING IRREVOCABLE OFFER OF DEDICATION OF A TWO AND
ONE-HALF FOOT WIDE STRIP OF PROPERTY ALONG A PORTION OF LOT 18, BLOCK
19, MARCH AND MCALISTER TRACT (630 EMBARCADERO)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the adopted Circulation Element to the City of Morro Bay General Plan
identifies the need for eight -foot wide pedestrian sidewalk facilities along the Embarcadero; and
WHEREAS, pre-existing conditions consisting of five and one-half foot wide sidewalks
represent a discouragement to pedestrian travel; and
• WHEREAS, it is in the best interest of public health and welfare to provide for eight -foot
wide sidewalks; and
WHEREAS, said provisions entails dedication of approximately two and one-half feet of
private property to the City for public street purposes; and
WHEREAS, property owner Hideo Harada, as a condition of approval for the proposed
development, has prepared and submitted an Irrevocable Offer of Dedication, legal description
and exhibits to appropriately provide for said eight -foot sidewalks; and
WHEREAS, Hideo Harada did also cause to be constructed sidewalk and appurtenant
improvements in accordance with City Standards.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay,
California that the Offer of Dedication referenced herein is hereby accepted on behalf of the
Public; and
BE IT FURTHER RESOLVED, the City Administrator be authorized and directed to
cause filing of documents necessary to reflect this acceptance at the office of the San Luis Obispo
County Recorder.
L
• PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the loth day of January, 1994, by the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
BRIDGETV DAVIS, City Clerk
drAwada
RESOLUTION NO. 95-93
• RESOLUTION ACCEPTING FIDUCIARY OBLIGATIONS UNDER
SANDRA PARKS' WILL AND THE PROBATE MATTER
ESTATE OF SANDRA M. PARKS, SAN LUIS OBISPO COUNTY
SUPERIOR COURT CASE NO. PR 022846
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS Sandra M. Parks has bequeathed the sum of $5,000.00 to the
City of Morro Bay for the purposes of building tennis courts at Del Mar Park
through her Will executed on the 12th day of October, 1989; and
WHEREAS Sandra M. Parks has also provided that the City may utilize the
funds for this specific purpose, but if the purpose is not completed within three
years of her death, then the funds shall be distributed to other named beneficiaries;
and
WHEREAS it is the recommendation of the attorney for the Estate of Parks,
as has been preliminarily approved by the Superior Court, that the funds be
distributed to the City of Morro Bay in trust, imposing upon the City of Morro Bay
the fiduciary obligation to carry out the intent of Sandra M. Parks' Will;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
• Morro Bay as follows:
1. The City of Morro Bay hereby accepts the fiduciary responsibility as
set forth in the Last Will and Testament of Sandra M. Parks;
2. The Director of the Recreation & Parks Department is instructed by
the City to carry out the responsibilities of the Trust; and
3. The Mayor of the City of Morro Bay is authorized to execute the
"Acceptance by Trustee of Testamentary Trust" as drafted by Jahn T. Burnham,
Esq., Attorney for the Estate of Parks.
PASSED, APPROVED AND ADOPTED on the Eleventh day of October,
1993, by the following vote to wit:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
WILLIAM YATES,
BRIDGE AVIS, City Clerk
c .mbay.adm\resn to l Ld,c
• 1
2
3
4
5
6
7
9
10
11
12
13
• 14
15
16
17
18
19
20
21
22
23
24
25
26
• 27
28
John T. Burnham, 40596
Attorney at Law
2141-C Tenth Street,
Los Osos, California 93402
(805) 528-4288
Attorney for LINDA M. WELCH
Executor
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO
PROBATE CODE SECTION 10400
Estate of
SANDRA M. PARKS,
Decedent
CASE NO. PR 022846
ACCEPTANCE BY TRUSTEE
OF
TESTAMENTARY TRUST
I, William Yates acting on behalf of the City of
Morro Bay in the capacity of its Mayor
which city is named as trustee under the trust created by Article
IV of the will of SANDRA M. PARKS, duly admitted to probate in the
Superior Court of California, County of San Luis Obispo on March
30, 1990, do hereby on behalf of said city, accept the terms and
conditions of said trust and agree to perform all the duties and
accept all the obligations therein imposed.
In witness hereof, the said city has executed this acceptance
by the act of William Yates , its Mayor
at Morro Bay California, on October 11 , 1993.
By:
BAY, CgLIFORNIA
-1-
STATE OF CALIFORNIA
ss.
COUNTY OF SAN LUIS OBISPO
On October 11, 1993, before me, Bridgett Davis, City Clerk for the
City of Morro Bay, personally appeared William Yates, Mayor for the City of
Morro Bay, personally known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the
person or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Bridgett avis, City Clerk
City of orro Bay, California
0
RESOLUTION NO 94-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ESTABLISHING MANDATORY MEASURES IMPLEMENTING AND REAFFIRMING THE
POLICIES AND PROGRAMS RELATED TO RESOURCES AND SUBDIVISIONS
CONTAINED IN THE GENERAL PLAN AND LOCAL COASTAL PLAN.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City General Plan and Local Coastal Plan
contain the following policies and programs, which affect the
review and approval of new subdivisions:
General
Plan
Policy
LU-22.
General
Plan
Program
LU-22.1
General
Plan
Policy
LU-23
General
Plan
Programs
LU-23.1
and LU 23.2
General
Plan
Policy
LU-24
General
Plan
Program
LU-24.1
General
Plan
Policy
LU-78
(also LCP Policy
3.02)
General
Plan
Program
LU-78.1
(also LCP Policy
3.01)
General
Plan
Program
LU-78.2
(also LCP Policy
3.05)
General
Plan
Policy
LU-79
(also LCP Policy
3.03)
• General
Plan
Program
LU-80.4
(also LCP Policy
3.04)
WHEREAS,
the interpretation
and
application of
these
policies and
programs has been
a source
of controversy giving
rise to claims of inconsistent
interpretation
and application,
and
WHEREAS, there are currently inadequate water resources and
public facilities available to meet both the needs of existing
priority uses on subdivided properties within the City and the
needs of new subdivisions, and
WHEREAS, the City Council acknowledges the need to assess
public facilities and the ability to meet the needs of future
development, and
WHEREAS, pursuant to the General Plan/Local Coastal Plan,
the City Council has found that new development should pay for
the costs to provide the services and facilities necessary to
meet the needs of the new development without impacting existing
residents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
1. All City boards, commissions and staff shall follow the
• General Plan/Local Coastal Plan Policies and Programs and
approve no subdivisions or portions of subdivisions where
RESOLUTION NO. 94-93
Page 2 of 2
• there are inadequate existing water equivalency unit credits
to meet the needs of the future development of that property
based upon the adopted Water Equivalency Table, and
2. once a Water Management Plan has been adopted by the City
and approved as a Local Coastal Plan amendment by the State
Coastal Commission and new resources are available to meet
both the needs of the proposed development and the ultimate
development of the community as established in the General
Plan/Local Coastal Plan, the City Council will reevaluate
policy identified in number 1. above.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay at a regular meeting held thereof on the 25th
day of October, 1993, by the following vote:
AYES: Crotzer, Luna, Mullen, and Unger
NOES: Yates
ABSENT: None
• ATTEST:
BRIDGET DAVIS, City Clerk
•
• RESOLUTION NO. 93-93
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING THE
USE OF MORTGAGE CREDIT CERTIFICATES IN THE CITY OF MORRO BAY OF
THE STATE OF CALIFORNIA AND THE ADMINISTRATION OF THE PROGRAM
BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, there is a continued need for affordable homeownership
opportunities within the City of Morro Bay and the County of San Luis
Obispo, particularly for households at the lower end of the purchasing
spectrum; and
WHEREAS, the Tax Reform Act of 1984 established the Mortgage
Credit Certificate Program (hereinafter referred to as the "MCC
Program") as a means of assisting qualified individuals with the
acquisition of new and existing single family housing; and
WHEREAS, Division 31, Part 1, Chapter 3.5, Article 4 of the
California Health and Safety Code Sections 50197 et seq (the "Act")
authorizes "...a redevelopment agency, housing authority, or other
local entity, authorized by state law to issue qualified mortgage
• bonds..." to create and participate in MCC Programs; and
WHEREAS, Section 8869.85 of the Government Code requires a local
agency to file an application for a portion of the state ceiling with
or upon the direction of the California Debt Limit Allocation
Committee ("CDLAC") prior to the issuance of qualified mortgage bonds
or mortgage credit certificates; and
WHEREAS, the Housing Authority of the City of San Luis Obispo
("Housing Authority") has heretofore determined to engage in an MCC
Program pursuant to the "Act" in order to assist individual home
purchasers both in the City of San Luis Obispo and throughout the
county to afford both new and existing homes within the statutory
limits as provided for in said Act; and
WHEREAS, a request by the Housing Authority for an MCC Program
allocation will be heard by the California Debt Limit Allocation
Committee (CDLAC) at its October 21, 1993 meeting; and
WHEREAS, the City of Morro Bay requests that the MCC allocation
be available to eligible first time homebuyers within the corporate
limits of the City; and
WHEREAS, the Housing Authority and City wish to cooperate with
one another pursuant to the "Act" in the exercise of their powers
under the "Act" for the purposes of the MCC Program; and
0
•
RESOLUTION NO. 93-93
Page 2 of 2
WHEREAS, the Housing Authority has the capacity to administer an
MCC Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay as follows:
Section 1: The Cooperative Agreement ("Agreement"), dated as of
September 15, 1993, between the Housing Authority and the City, in the
form presented to this meeting, is hereby approved and the City
Administrator is hereby authorized and directed to execute and deliver
the Agreement, for and in the name and on behalf of the City. The
City Administrator is authorized to approve any additions to or
changes in the form of the Agreement deemed necessary or advisable,
approval of such additions or changes to be conclusively evidenced by
the execution by the City Administrator of the Agreement as so added
to or changed. The City Administrator is further authorized to enter
into such additional agreements with the Housing Authority, execute
such other documents, or take such other actions as they may deem
necessary or appropriate to carry out the purpose and intent of the
Agreement or to cooperate in the implementation of the Program.
Section 2: This resolution shall take effect from and after this
adoption.
• NOW THEREFORE BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that
the City Administrator of the City be hereby authorized and directed
to execute said agreement for and on behalf of the City of Morro Bay.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Morro Bay at a regular meeting held thereof on the 11th day of
October, 1993, by the following vote:
AYES: B. Luna, A
NOES: None
ABSENT:
ATTEST:
Unger, C. Crotzer, S. Mullen, W. Yates
• Dolores F. Dahlia, Deputy City Clerk
r
COOPERATIVE AGREEMENT BETWgEN THE HOUSING AUTHORITY OF THE CITY OF
SAN LUIS OBISPO AND THE CITY OF MORRO BAY
THIS COOPERATIVE AGREEMENT (the "Cooperative Agreement') is made and
entered into as of October 11 , 1993 by and between the Housing Authority of the City
of San Luis Obispo ("Housing Authority"), and the City of Morro Bay, a municipal corporation of
the State of California (the "City").
WITNESSETH:
WHEREAS, the Tax Reform Act of 1984 established the Mortgage Credit Certificate Program
(hereinafter referred to as the "MCC Program") as a means of assisting qualified individuals with
the acquisition of new and existing single family housing; and
WHEREAS, the Housing Authority and the City have heretofore determined to engage in an
MCC Program pursuant to Division 31, Part 1, Chapter 3.5, Article 4 of the California Health and
Safety Code Sections 50197 et seq (the "Act') in order to assist individual home purchasers in
the City of Morro Bay to afford both new and existing homes within the statutory limits as
provided for in said Act; and
• WHEREAS, in furtherance of the MCC Program, the Housing Authority has authorized its staff to
apply to the California Debt Limit Allocation Committee (CDLAC) for a mortgage bond allocation
in the amount of $15,000,000, to be traded for authority to issue Mortgage Credit Certificates in a
face amount of $3,750,000 (based upon the 4:1 trade-in value of bond allocation); and
WHEREAS, it is expected that the application for the MCC Program will be subsequently acted
upon by CDLAC at its October 21, 1993 meeting; and
WHEREAS, the City and the Housing Authority wish to cooperate with one another pursuant to
the Act in the exercise of their powers under the Act for the purposes of the MCC Program; and
WHEREAS, the Housing Authority has the capacity both to issue bonds and to establish and
administer an MCC Program and the City desires that the Program be applicable to eligible real
property in the City;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the
parties hereto agree as follows:
SECTION 1. The words and phrases of this Cooperative Agreement shall, for all
purposes hereof unless otherwise defined herein, have the meanings assigned to such words
and phrases in the Act.
• SECTION 2. The Housing Authority shall staff a program for the effective administration
of an MCC program within the geographical boundaries of the City. The Housing Authority shall
cooperate with local real estate and lending institutions in order to maintain their participation in
1 of 2
Cooperative Agreement - Housing Authority of the City of San Luis Obispo & City of
Morro Bay - 9/15/93
r
securing applications from eligible applicants for review and approval by Housing Authority
representatives on behalf of the Housing authority and the City.
SECTION 3. Nothing in this Cooperative Agreement shall prevent the Housing Authority
from entering into one or more similar agreements with other municipal corporations within the
County, if deemed necessary and advisable to do so by the Housing Authority, so long as such
other agreements are not inconsistent with this agreement. ,
SECTION 4. This Cooperative Agreement may be amended by one or more
supplemental agreements executed by the Housing Authority and the City at any time as long
as those amendments comply with State and Federal MCC Program regulations.
SECTION 5. This Cooperative Agreement may be terminated by either party upon 90
days written notice delivered to the other party. The term of this Cooperative Agreement shall
extend until such termination by written notice or until the mortgage credit certificates are fully
retired, or shall terminate should an allocation not be received from CDLAC.
SECTION 6. The City agrees to undertake such further proceedings or actions as may
be necessary to carry out the terms and intent of this agreement as expressed in the recitals
hereto; PROVIDED, HOWEVER, that nothing herein shall require the City to appropriate any
funds to the Housing Authority for services under this Cooperative Agreement. Funds for the
• administration of the MCC Program shall be derived by the Housing Authority from the fees paid
by the MCC applicants.
SECTION 7. Nothing contained herein shall be interpreted to impose a relationship of
partners or joint ventures between the City and the Housing Authority.
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement
to be executed and attested by their proper officers thereunder duly authorized, and their official
seals to be hereunto affixed, all as of the day first above written.
(SEAL)
• (SEAL)
HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO
4W
George Moylan
Executive Director
CITY OF ORRO B Y
BY:�
City Administrator
//��f
BY: ,(J�(�L'1 (J�
Deputy City Clerk
2of2
. RESOLUTION NO. 92-93
A RESOLUTION BY THE CITY COUNCIL, CITY OF MORRO BAY,
IN SUPPORT of PROPOSITION 172.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the people of the City of Morro Bay have demonstrated
that they consider public safety funding a priority for local
government; and
WHEREAS, public safety departments are now facing drastic cuts
at the local level; and
WHEREAS, the lack of adequate public safety protection would
threaten the quality of life for every citizen of Morro Bay; and
WHEREAS, the preservation of police, fire protection, criminal
• prosecution and corrections is a major concern to residents of
Morro Bay; and
WHEREAS, Proposition 172 provides for a continuation of a 1/2
cent of every sales tax dollar collected in San Luis Obispo County
that will be set aside for the purpose of funding local public
safety services; and
WHEREAS, on July 20, 1993, Board of Supervisors adopted a
Resolution enabling the County of San Luis Obispo to accept sales
tax revenue resulting from the passage of Proposition 172 which
will be placed into a Local Public Safety Fund; and
WHEREAS, the City of Morro Bay is dedicated to the safety of
its citizens and will continue to set priorities which will provide
those basic needs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay supports the passage of Proposition 172 on the
November 1993 state ballot, and that all monies received by the
City of Morro Bay from the Local Public Safety Fund shall be
allocated according to law to the public safety services including
• the police, fire protection and criminal prosecution and
corrections.
•
Resolution No. 92-93
Page Two
PASSED AND ADOPTED by the Morro Bay City Council at the regular
meeting thereof held on the 11th day of October 1993.
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
. n V
WILLIAM YATES,
ATTEST:
•
BRIDGET DAVIS, City Clerk
•
RESOLUTION NO. 90-93
A RESOLUTION APPROVING AN AMENDMENT TO THE INTERIM NON-EXCLUSIVE
CURBSIDE RECYCLING FRANCHISE AGREEMENT BETWEEN THE CITY OF MORRO
BAY AND MORRO BAY GARBAGE SERVICE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay, hereinafter referred to as "City", entered into an
Interim Non -Exclusive Franchise Agreement ("Interim Agreement") with Morro Bay Garbage
Service, hereinafter referred to as "Contractor", to provide residential and commercial curbside
recycling services within the City commencing January 1, 1992 and terminating upon the effective
date of a new long-term Curbside Recycling Franchise Agreement resulting from a Request for
• Proposals (RFP) process; and
WHEREAS, said RFP process has been completed and the City Council has determined it
is in the public interest to enter into a Curbside Recycling Franchise Agreement with the
Environmental Center of San Luis Obispo (ECOSLO), doing business as "Rock Solid Recycling",
for the period November 1, 1993 through December 31, 1996; and
WHEREAS, ECOSLO will commence curbside recycling collection and processing
operations effective January 1, 1994; and
WHEREAS, it is in the public interest for Contractor to continue to provide curbside
recycling services through December 31, 1993, and to collect Christmas trees for the period
January 3 through January 14, 1994; and
WHEREAS, to accomplish the purposes set forth hereinabove, City has determined it is
necessary to amend the Interim Agreement, establish a new termination date, and provide for
Christmas tree collection and diversion from disposal at a landfill; and
WHEREAS, City desires to amend the Interim Agreement and Contractor agrees to
amend the Agreement as requested by City; and
WHEREAS, Section 40 of the Interim Agreement provides for modifications as expressly
• authorized by City and as mutually agreed by the parties.
RESOLUTioNNO. 90-93
PAGE 1
• NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay
as follows:
1. The Interim Non -Exclusive Curbside Recycling Franchise Agreement between City and Morro
Bay Garbage Service dated December 9, 1991 is hereby amended as set forth in the
Amendment attached hereto and incorporated herein by reference.
2. The City Administrator is hereby authorized to sign said Amendment.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 25th day of October, 1993 by the following vote:
AYES: Crotzer, Luna, and Mullen
NOES: Unger and Yates
ABSENT: None
ABSTAIN: None
•
ATTEST:
BRIDGE ' DAVIS, City Clerk
MCU/LC:C:90-93
0
AMENDMENT TO INTERIM NON-EXCLUSIVE CURBSrDE RF-CYCLINCr FRANCHISE
AGREIIv1ENT
.This Amendment is entered into on the 25th day of October, 1993 by and between the City of Morro
Bay, hereinafter referred to as "City", and Morro Bay Garbage Service, Inc., a California corporation
hereinafter referred to as "Contractor'', to amend that certain Non-Fxclusive Interim Curbside
Recycling Franchise Agreement dated December 9, 1991-
WITNESSE TII
WHEREAS, City entered into an Interim Non -Exclusive Franchise Agreement ("Interim
Agreement") with Contract to provide residential and commercial curbside recycling services within
the City commencing January 1, 1992 and terminating upon the effective date of a new long-term
Curbside Recycling Franchise Agreement resulting from a Request for Proposals (RFP) process; and
WHBRP-AS, said RFP proems has been completed and the City Council has determined it
is in the public interest to enter into a Curbside Recycling Franchise Agreement with the
EnvironmenW Center of San Luis Obispo (ECOSLO), doing business as "Rock Solid Recycling", for
the period November 1, 1993 through December 31, 1996; and
W RREAS, ECOSLO will commence curbside recycling collection and processing operations
effective January 1, 1994; and
WHEREAS, it is in the public interest for Contractor to continue to provide curbside recycling
services through December 31, 1993, and to collect and divert Christmas trees from disposal at a
landfill for the period January 3 through January 14, 1994; and
• WHEREAS, to accomplish the purposes set forth hereinabove, City has determined it is
necessary to amend the Interim Agreement, establish a new termination date, and provide for
Christmas tree collection and diversion; and
WHEREAS, City desires to amend the Interim Agreement and Contract agrees to amend the
Agreement as requested by City; and
WHEREAS, Section 40 of the Interirn Agreement provides for modifications to the
Agreement expressly authorized by City and as mutually agreed by the parties.
NOW, THEREFORE, the parties agree as follows:
I. Term of Agreement: The Interim Agreement is hereby amended to terminate effective
December 31, 1993, except that Contractor shall be obligated to collect Christmas trees from
residential customers and divert such trees from disposal at a landfill during the period
January 3, 1994 through January 14, 1994. Contractor shall also be obligated to conduct
appropriate public education and marketing activities prior to commencing such collection and
diversion of Christmas trees to promote mwdmum participation by residential customers.
During the twelve (12)-day collection period, the following terms and conditions of the Interim
Agreement shall remain in effect to the extent applicable: Sections 1, 3-5, 9, 14, 17-25, 29 and
31-40. In addition, Sections 26, 27, 28 and 30 shall remain in full force and effect during the
twelve day collection period. Each party shall be released from all obligations and liabilities
to the other after January 14, 1994, except that Contractor shall not be relieved of its
•
AMFNDAM-T101gMpJK CVRWd0BRCYa 0FRAN="A07SU gr
p.6s 2
obligations under Section 14 and 30, and each party shall not be relieved from any liability
• arising out of any breach of the Interim Agreement,
2. Fin 1 Report: Contractor shall be obligated to provide one final report pursuant to Section
15 of the Interim Agreement for the period October 1, 1993 through December 31, 1993.
Such final report shall also include year-to-date information for the period January 1, 1993
through December 31, 1993 and the number of tons of Christmas trees collected and diverted
as required by this Amendment-
3, Pavm t for QEjk=as 'Tree Collectio : City agrees to pay Contractor an amount equal to
$2,200 for the collection and diversion of Christmas trees from disposal. at a landfill and
related public education and marketing activities. Such amount, which shall be paid within
thirty (30) days of City's receipt of Contractor's invoice therefor, is a net amount paid t4
Contractor for the services described in this paragraph, and is not subject to, any franchise fees
imposed by, or payable to City.
4. Governing I av+: This Amendment shall be governed by and construed 1n accordance with
California law, without regard to its conflicts of laws principles.
IN 'WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed on this 25th day of October, 1993.
MORRO BAY GARBAGE SERVICE, INC. CTTY OF MORRO BAY
• A California Corporation
By: CA O FORREST HENDERSON
President City Administrator
APPROVED AS TO FORM:
ANDRF, MORRIS & BUTTERY
A Professional Law Corporation
By :
QP. ERENCE, SCH(3BERT
Attorneys for Morro Bay Garbage
Service, Inc.
ATTEST:
. By:
BRII7GE1"I' BAVIS, City Cler}z
APPROVED AS TO FORM:
By:
DAVIi7 R. HUNT
City Attorney
• RESOLUTION NO. 89-93
A RESOLUTION APPROVING AN AMENDMENT TO THE SOLID WASTE FRANCHISE
AGREEMENT BETWEEN THE CITY OF MORRO BAY AND MORRO BAY GARBAGE
SERVICE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay, hereinafter referred to as "City", entered into a Solid
Waste Franchise Agreement dated December 9, 1991 ("Solid Waste Agreement") with Morro
Bay Garbage Service, hereinafter referred to as "Contractor", to provide residential and
commercial solid waste collection service on an exclusive basis; and
WHEREAS, City entered into an Interim Non -Exclusive Curbside Recycling Franchise
Agreement with Contractor to provide residential and commercial curbside recycling services
within the City commencing January 1, 1992 and terminating upon the effective date of a new
long-term Curbside Recycling Franchise Agreement resulting from a Request for Proposals (RFP)
process; and
WHEREAS, said RFP process has been completed and the City Council has determined it is
in the public interest to enter into a Curbside Recycling Franchise Agreement with the
• Environmental Center of San Luis Obispo (ECOSLO), doing business as "Rock Solid Recycling",
for the period November 1, 1993 through December 31, 1996; and
WHEREAS, in accordance with ECOSLO's proposal dated April 30, 1993, it is necessary to
increase the franchise fee paid to City by Contractor pursuant to Section 5 of the Solid Waste
Agreement to provide funds to City to pay ECOSLO for curbside recycling services, assure
continued City General Fund revenues derived from the existing franchise fee, and provide for
contingencies; and
WHEREAS, to accomplish the purposes set forth hereinabove, City has determined it is
necessary to amend Section 5 of the Solid Waste Agreement relating to the franchise fee paid to
City by Contractor; and
WHEREAS, City desires to amend the Solid Waste Agreement and Contractor agrees to
amend the Agreement as requested by City; and
WHEREAS, Section 44 of the Solid Waste Agreement provides for modifications to the
Agreement expressly authorized by City and as mutually agreed by the parties.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
0
RESOLUTION No. 89-93
PACE 2
• 1. Section 5 of the Solid Waste Franchise Agreement between City and Morro Bay Garbage
Service dated December 9, 1991 is hereby amended as set forth in the Amendment attached
hereto and incorporated herein by reference.
2. The City Administrator is hereby authorized to sign said Amendment.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 25th day of October, 1993 by the following vote:
AYES: Crotzer, Luna, and Mullen
NOES: Unger and Yates
ABSENT: None
ABSTAIN: None
ATTEST:
�
BRIDGEYJ DAVIS, City Clerk
MCU/LC:89.93
u
ORIGINAL
AMENDMENT TO SOLID WASTE FRANCHISE AGREEMENT
This Amendment is entered into on the 25th day of October, 1993 by and between the City of
Morro Bay, hereinafter referred to as "City", and Morro Bay Garbage Service, Inc., a California
corporation hereinafter referred to as "Contractor", to amend that certain Solid Waste Franchise
Agreement dated December 9, 1991.
WITNESSETH
WHEREAS, City entered into a Solid Waste Franchise Agreement with Contractor dated
December 9, 1991 ("Solid Waste Agreement") to provide residential and commercial solid waste
collection services on an exclusive basis; and
WHEREAS, City entered into an Interim Non -Exclusive Curbside Recycling Franchise
Agreement with Contractor to provide residential and commercial curbside recycling services
within the City commencing January 1, 1992 and terminating upon the effective date of a new
• long-term Curbside Recycling Franchise Agreement resulting from a Request for Proposals
(RFP) process; and
WHEREAS, said RFP process has been completed and the City Council has determined
it is in the public interest to enter into a Curbside Recycling Franchise Agreement with the
Environmental Center of San Luis Obispo (ECOSLO) for the period November 1, 1993 through
December 31, 1996; and
WHEREAS, in accordance with ECOSLO's proposal dated April 30, 1993, it is necessary
to increase the franchise fee paid to City by Contractor pursuant to Section 5 of the Solid Waste
Agreement to provide funds to City to pay ECOSLO for curbside recycling services, assure
continued City General Fund revenues derived from the existing franchise fee, and provide for
contingencies; and
WHEREAS, to accomplish the purposes set forth hereinabove, City has determined it is
necessary to amend Section 5 of the Solid Waste Agreement relating to the franchise fee paid
to City by Contractor; and
WHEREAS, City desires to amend the Solid Waste Agreement and Contractor agrees to
amend the Agreement as requested by City; and
WHEREAS, Section 44 of the Solid Waste Agreement provides for modifications to the
is
Agreement expressly authorized by City and as mutually agreed by the parties.
• AMENDMENT TO SOLID WASTE FRANCHISE AGREEMENT
PAGE
NOW, THEREFORE, the parties agree to amend Section 5 of the Solid Waste
Agreement as set forth hereinbelow and that all other terms and conditions set forth in said
Agreement shall continue in full force and effect.
1. Amendment to Section 5: Section 5 of the Solid Waste Agreement is hereby amended
as follows:
5. Franchise Fee: Contractor shall pay to City a franchise fee in an amount
equal to three (3) percent of all gross revenues collected by Contractor for
services performed under this Agreement for the period January 1, 1992
through June 30, 1992, six (6) percent of said gross revenues for said
services for the period July 1, 1992 through December 31, 1993, and
twenty-eight and sixty -hundredths (28.60) percent of said gross revenues for
said services for the period from January 1, 1994 through December 31,
1996, payable monthly on or before the last business day of the following
month. Contractor shall provide to City with each monthly franchise fee
payment a statement of gross revenues received by Contractor during the
previous month.
• Contractor shall pay a late charge of five (5) percent per month on all
franchise fees that are not paid within thirty (30) days of the date due. The
parties agree that such late charges represent a fair estimate of City's added
administrative expenses caused by such delinquent payments.
The franchise fee is an operating expense for purposes of this Agreement.
The franchise fee shall be included in the rates established by City and the
dollar amount of the franchise fee shall not be separately itemized on bills
to Contractor's customers; provided, however, that Contractor may include
information on such bills concerning the current total City franchise fee
percentage. City agrees to notify Contractor's customers of a rate increase
due to an increase in the franchise fee paid to City by Contractor through
news releases to print and broadcast media.
2. Governing Law. This Amendment shall be governed by and construed in
accordance with California law, without regard to its conflicts of laws
principles.
0
•
•
n
AMENDMENT TO SOLID WASTE FRANCHISE AGREEMENT
PAGE3
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed on this 25th day of October, 1993.
MORRO BAY GARBAGE SERVICE, INC.
A California Corporation
/`
By: /t t �C;/2l L l
CHARLES CATTANEO
President
APPROVED AS TO FORM:
ANDRE, MORRIS & BUTTERY
A Professional Law Corporation
By: �zkkw"1
P. ERENCE SCHUBERT
Attorneys for Morro Bay Garbage
Service, Inc.
IerllYYol.`IN
By: 1
BRIDGE DAVIS, City Clerk
CITY OF MORRO BAY
FORREST HENDERSON
City Administrator
City Attorney
ORIGINAL
AMENDMENT TO INTERIM NON-EXCLUSIVE CURBSIDE RECYCLING FRANCHISE
AGREEMENT
• This Amendment is entered into on the 25th day of October, 1993 by a -o
Bay, hereinafter referred to as "City", and Morro Bay Garbage Service, AfV*e,.} -ra a(U67.Wn-- )n
hereinafter referred to as "Contractor", to amend that certain No: le
Recycling Franchise Agreement dated December 9, 1991.
W ITNESSETH
WHEREAS, City entered into an Interim Non -Exclusive Franchise Agreement ("Interim
Agreement") with Contract to provide residential and commercial curbside recycling services within
the City commencing January 1, 1992 and terminating upon the effective date of a new long-term
Curbside Recycling Franchise Agreement resulting from a Request for Proposals (RFP) process; and
WHEREAS, said RFP process has been completed and the City Council has determined it
is in the public interest to enter into a Curbside Recycling Franchise Agreement with the
Environmental Center of San Luis Obispo (ECOSLO), doing business as 'Rock Solid Recycling", for
the period November 1, 1993 through December 31, 1996; and
WHEREAS, ECOSLO will commence curbside recycling collection and processing operations
effective January 1, 1994; and
WHEREAS, it is in the public interest for Contractor to continue to provide curbside recycling
• services through December 31, 1993, and to collect and divert Christmas trees from disposal at a
landfill for the period January 3 through January 14, 1994; and
WHEREAS, to accomplish the purposes set forth hereinabove, City has determined it is
necessary to amend the Interim Agreement, establish a new termination date, and provide for
Christmas tree collection and diversion; and
WHEREAS, City desires to amend the Interim Agreement and Contract agrees to amend the
Agreement as requested by City; and
WHEREAS, Section 40 of the Interim Agreement provides for modifications to the
Agreement expressly authorized by City and as mutually agreed by the parties.
NOW, THEREFORE, the parties agree as follows:
1. Term of Agreement: The Interim Agreement is hereby amended to terminate effective
December 31, 1993, except that Contractor shall be obligated to collect Christmas trees from
residential customers and divert such trees from disposal at a landfill during the period
January 3, 1994 through January 14, 1994. Contractor shall also be obligated to conduct
appropriate public education and marketing activities prior to commencing such collection and
diversion of Christmas trees to promote maximum participation by residential customers.
During the twelve (12)-day collection period, the following terms and conditions of the Interim
Agreement shall remain in effect to the extent applicable: Sections 1, 3-5, 9, 14, 17-25, 29 and
31-40. In addition, Sections 26, 27, 28 and 30 shall remain in full force and effect during the
twelve day collection period. Each party shall be released from all obligations and liabilities
to the other after January 14, 1994, except that Contractor shall not be relieved of its
•
is
AMENDMENT TO INTERIM CURBSIDE RECYCLING FRANCHISE AGREEMENT
PAGE 2
obligations under Section 14 and 30, and each party shall not be relieved from any liability
arising out of any breach of the Interim Agreement.
2. Final Report: Contractor shall be obligated to provide one final report pursuant to Section
15 of the Interim Agreement for the period October 1, 1993 through December 31, 1993.
Such final report shall also include year-to-date information for the period January 1, 1993
through December 31, 1993 and the number of tons of Christmas trees collected and diverted
as required by this Amendment.
Payment for Christmas Tree Collection: City agrees to pay Contractor an amount equal to
$2,200 for the collection and diversion of Christmas trees from disposal at a landfill and
related public education and marketing activities. Such amount, which shall be paid within
thirty (30) days of City's receipt of Contractor's invoice therefor, is a net amount paid to
Contractor for the services described in this paragraph, and is not subject to any franchise fees
imposed by, or payable to City.
4. Governing mow: This Amendment shall be governed by and construed in accordance with
California law, without regard to its conflicts of laws principles.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed on this 25th day of October, 1993.
MORRO BAY GARBAGE SERVICE, INC.
A California Corporation
By:
C ES CA TANEO
President
APPROVED AS TO FORM:
ANDRE, MORRIS & BUTTERY
A Professional Law Corporation
By:',
P. ERENCE SCHUBERT
Attorneys for Morro Bay Garbage
Service, Inc.
ATTEST:
By. `
BRIDGETTAVIS, City Clerk
CITY OF MORRO BAY
By: &t*
FORREST HENDERSON
City Administrator
APPROVED AS TO FORM:
By:
DAVID R. HUNT
City Attorney
. RESOLUTION NO. 88-93
A RESOLUTION APPROVING A CURBSIDE RECYCLING FRANCHISE AGREEMENT
BETWEEN THE CITY OF MORRO BAY AND THE ENVIRONMENTAL CENTER OF SAN
LUIS OBISPO AND RELATED INCREASE IN RESIDENTIAL AND COMMERCIAL
SOLID WASTE COLLECTION RATES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay, hereinafter referred to as "City", entered into an Interim
Non -Exclusive Franchise Agreement with Morro Bay Garbage Service to provide curbside
recycling services within the City commencing January 1, 1992 and terminating upon the effective
date of a new long-term Curbside Recycling Franchise Agreement resulting from a Request for
Proposals (RFP) process; and
WHEREAS, said RFP process has been completed and the City Council has determined it is
in the public interest to enter into a Curbside Recycling Franchise Agreement ("Curbside
Recycling Agreement") with the Environmental Center of San Luis Obispo (ECOSLO), doing
business as "Rock Solid Recycling" and hereinafter referred to as "Contractor", for the period
November 1, 1993 through December 31, 1996; and
• WHEREAS, the City Council has determined the public interest includes a commitment by
City to encourage youth employment opportunities within the City whenever possible; and
WHEREAS, the Curbside Recycling Agreement requires Contractor to employ high school
students for a specified number of hours; and
WHEREAS, Contractor has the management and technical personnel and other assets
necessary to provide such curbside recycling services; and
WHEREAS, City desires to retain Contractor to provide such curbside recycling services; and
WHEREAS, Contractor desires to provide such curbside recycling services to City during the
term of the Curbside Recycling Agreement; and
WHEREAS, in accordance with Contractor's proposal dated April 30, 1993, it is necessary to
increase the franchise paid to City by Morro Bay Garbage Service pursuant to Section 5 of that
certain Solid Waste Franchise Agreement dated December 31, 1991 to provide funds to City to
pay Contractor for said curbside recycling services, assure continued City General Fund revenues
derived from the existing franchise fee, and provide for contingencies; and
WHEREAS, to accomplish the purposes set forth hereinabove, it is necessary to increase
residential and commercial solid waste collection rates.
RESOLUTION No. 88-93
PAGE
. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
1. The Curbside Recycling Franchise Agreement with ECOSLO for the period November 1,
1993 through December 31, 1996 with an option at City's sole discretion to renew said
agreement for an additional five years, attached hereto and incorporated herein by reference, is
hereby approved.
2. Residential and commercial solid waste collection rates are hereby increased effective January
1, 1994 as set forth in Exhibit A of said Agreement with ECOSLO.
3. The City Administrator is hereby authorized to sign said Agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 25th day of October, 1993 by the following vote:
AYES: Crotzer, Luna, and Muilen
NOES: Unger and Yates
ABSENT: None
• ABSTAIN: None
ATTEST:
BRIDGET AVIS, City Clerk
MCU/LC:X:88-93
RESOLUTION NO. 87-93
. RESOLUTION APPROVING THE CITY OF MORRO BAY'S TRANSPORTATION
DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1993/94
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, revenues derived from 1/4-cent of the retail sales tax collected state-wide are
apportioned to local governments to be used for transportation purposes pursuant to the State of
California Transportation Development Act (TDA) of 1971; and
WHEREAS, the City of Morro Bays apportionment of TDA funds for FY 1993/94 is $228,583;
and
WHEREAS, the City intends to use its TDA revenues for expenses associated with the
operation of Morro Bay Dial -A -Ride (MBDAR) and the San Luis Obispo Regional Transit Authority,
which operates the regional fixed -route system (CCAT) and the regional demand -response system
primarily serving frail elderly and mobility-impaired/disabled individuals (Runabout), bicycle/pedestrian
pathway projects or bicycle safety education, and San Luis Obispo Council of Governments
planning/administration, ridesharing, and Coordinated Transportation Services Agency (CTSA) as
directed by the San Luis Obispo Council of Governments on September 8, 1993, pursuant to the State
of California Public Utilities Code, Article 3, Section 99234, Article 4, Section 99260(a), and Article
6.5, Sections 99313 and 99314; and
• WHEREAS, the City of Morro Bay hereby states a preference for using additional TDA funds,
if such funds become available, for the City's MBDAR operations, provided however, that the City
reserves the right to file an amended claim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to
hereby approve the City's TDA claim for FY 1993/94 and authorize the City Administrator to sign the
necessary claim documents.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 11 th day October, 1993 by the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ABSTAIN:
n rl
ATTEST: WILLIAM Y
• BRIDGE DAVIS, City Clerk
MCn/LCLYNN4487-93
RESOLUTION NO. 86-93
• A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MORRO BAY
DESIGNATING THE CITY ADMINISTRATOR AS THE AUTHORIZED
AGENT OF THE CITY FOR PURPOSES OF CLOSING THE DISASTER
ASSISTANCE GRANT ON THE SOUTH T-PIER
T H E CITY COUNCIL
City of Morro Bay, California
WHEREAS, Ordinance No. 96 and 181 of the City of Morro Bay, California,
empowers the Director of Emergency Services to proclaim the existence or
threatened existence of a local emergency when said city is affected or likely to
be affected by a public calamity and the City Council is not in session; and
WHEREAS, the Director of Emergency Services of the City of Morro Bay,
California, namely the City Administrator, did declare on 13 December 1988 the
South T-Pier Fire occurring on 01 December 1988 a local emergency; and
WHEREAS, by letter dated 27 December 1988, the Director of the State of
California Office of Emergency Services did accept Morro Bay's proclamation of an
• existence of local emergency as complying with Chapter 7.5, Division 1 of Title 2
of the Government Code of the State of California; and
WHEREAS, said State
acceptance
establishes the
eligibility of the City of
Morro Bay and other victims
of the pier
fire to apply
for assistance under the
Natural Disaster Assistance Act,
subject to
the availability
of State funds; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Morro, California, does hereby find that on 01 December 1988, a condition of
extreme peril to life and property did exist in Morro Bay, County of San Luis
Obispo, due to a fire on a waterfront pier; and
BE IT FURTHER RESOLVED the City Council of the City of Morro Bay,
California, does hereby confirm and ratify the Morro Bay Director of Emergency
Services' declaration of a local emergency dated 13 December 1988, and herewith
proclaim that a condition of extreme peril warranting and necessitating said
declaration did exist on 01 December 1988; and
•
Resolution No. 86-93
Page 2
BE IT FURTHER RESOLVED that Forrest Henderson, City Administrator
and Director of Emergency Services, is hereby designated as the authorized
representative of the City of Morro Bay for the purpose of receipt, processing, and
coordinating all inquires and requirements necessary to file and close the State
Disaster Assistance Grant.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Morro Bay at a regular meeting held thereof on the 13th day of September, 1993,
by the following vote:
AYES: Crotzer,
NOES: None
ABSENT.. None
ATTEST:
Luna, Mullen, Unger, and Yates
BRIDGE DAVIS, City Clerk
• RESOLUTION NO. 85-93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING PUBLIC AREA USE PERMIT NO. 744
FOR THE 1993 HARBOR FESTIVAL
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City has worked extensively with Harbor Festival,
Inc. and its predecessors for the past eleven (11) years in hosting
the Harbor Festival; and,
WHEREAS, Harbor Festival, Inc. has proposed holding the 1993
Harbor Festival at the South T-Pier, North T-Pier, Front Street
Parking Lots and Embarcadero Road in this vicinity; and,
WHEREAS, the City staff has reviewed this permit and recommends
twenty (20) conditions of approval as attached and marked Exhibit
"A" and accepts the additional services and conditions as marked in
Exhibit "B".
NOW, THEREFORE, BE IT RESOLVED by the City Council that the
Interim Director of Recreation and Parks is authorized to issue
•Public Area Use Permit No. 744 for the 1993 Harbor Festival with
conditions of approval as attached marked Exhibit "A".
PASSED AND ADOPTED by the City Council
at a regular meeting held on this 13th day
following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGE& DAVIS
CITY CL K
0
c/w/co issn/res85-93
of the City of Morro Bay
of September, 1993 by the
. EXHIBIT "A"
RECOMMENDED SITE CONDITIONS - PAUP NO. 744
City staff has reviewed the proposal for the festival site and met
with Festival representatives. The following conditions have been
recommended for the approval of the Public Area Use Permit No. 744.
1. Clear access to the Harbor Maintenance Yard shall be maintained
at all times.
2. Pedestrian and loading access for owners and crews of boats
occupying slips in the affected areas shall be provided.
3. A free shuttle to the Festival site -shall be provided to the
public. Any vendor, emergency vehicle, City vehicle or
individual requiring to travel on Embarcadero Road --during the
Festival shall be allowed to do so under permit of Harbor
Festival Inc. The shuttle shall include service to downtown
area satellite parking areas as in prior years.
4. Embarcadero Road north of Beach Street shall be closed to
through traffic from 7:30 a.m. to 6:30 p.m. Embarcadero Road
• north of Beach Street shall be open to all vehicles during all
other times.
5. A barrier acceptable to City shall be placed at the top of the
revetment between the Great American Fish Co. and the South T-
Pier.
6. Adequate trash receptacles and recycling bins shall be made
available and emptied in a timely manner with continuous litter
patrol. A large construction -type trash dumpster shall be
required.
7. Posting of the Festival site for no parking shall occur at
least forty-eight (48) hours in advance by Harbor Festival,
Inc. (HFI). HFI shall pick up barricades and no parking signs
at Public Works/Corporate yard on September 30, 1993.
8. Pre -event and post -event inspection of the area by City Public
Works Department is required. Requests by HFI to borrow City -
owned traffic control signs shall be made by September 20,
1993.
9. Directions to off -site parking areas shall be conspicuously
posted. The detour from the Embarcadero at Beach Street shall
be placed at Market Avenue and Beach Street. Permits to travel
• the Embarcadero shall be placed at this location.
10. Traffic control plans shall be approved by the Police
Department prior to the event.
• EXHIBIT RIB"
Harbor Festival Inc. requests the additional services and equipment
be provided by the City of Morro Bay.
1. City equipment requested by HFI includes, but is not limited to:
• 6' or 8' tables from the Veterans Memorial building
• Lila Keiser Park bleachers
• Flags (6 City, 2 State, 2 United States)
• Hand held City radios
• 30 folding chairs from Morro Bay Community Center
• Picnic tables and benches from the Veterans Memorial
building.
2. Request for the City street sweeper to provide pre -festival
sweep of the area prior to Friday, .October 1 well as post -
festival.
3. Request to construct a mini -lagoon near the north end of the
festival site near the Coast Guard building. A dump truck of
sand will be required. Set-up will need to begin on Thursday,
September 30, 1993 and tear down will be complete by Tuesday,
October 5, 1993.
• 4. Request permission for a helicopter to land on the property
east of Coleman Drive and north of the P.G. & E. gate.
5. Request to hold an surf contest in conjunction with Estero Bay
Surf Club at the rock on October 2 and 3, 1993. Estero Bay
Surf Club is responsible for providing a liability insurance
naming Harbor Festival Inc. and City of Morro Bay as additional
insured.
6. Request to hold a small parade including a walking drill team
and Woody automobiles. Parade route will begin at the Blue
Sail Inn, proceed down Harbor Street to Front Street and end at
the Harbor Festival site. Parade will begin at noon on
Saturday, October 2, 1993.
7. Requests permission to grant overnight parking at the Rock
parking lot for vendors. Request to waive the no parking from
2:00 a.m. to 6:00 a.m. ordinance and Harbor Festival Inc. will
provide special parking permits to vendors.
8. Request Coleman Park parking lot reserved for parking of Virg's
Charter patrons, who have traditionally parked in the Crills
Taffy area. Now this area is included in the Festival site.
9. Request for a Saturday evening concert featuring A.J. Croce
(easy listening).
City of Morro Bay
RESOLUTION 83-93
A Resolution of the City Council of the City of Morro Bay Supporting the County's Adoption of
Chapter 6.60 of the County Code; Directing the City Administrator to Assist in Chapter 6.60's
Implementation
The City Council
City of Morro Bay, California
WHEREAS, the Cities and the County of San Luis Obispo entered into a contract for the regulation
of ambulance services countywide in 1976, and
WHEREAS, the Cities in February 1989, expressed a strong interest to the County of San Luis
Obispo in seeing those contracts modified to provide for local input, improved levels of service and
performance standards; and
WHEREAS, the Cities desire to participate in the decision making process, as it pertains to the
provision of pre -hospital care; and
WHEREAS, the City Council passed Resolution Number 112-92, on 14 September 1992, attempting
to resolve problems in pre -hospital care; directing the City Managers Group to resolve those problems
associated with the provision of ambulance services within the Cities and the County; and
WHEREAS, the San Luis Obispo County Board of Supervisors passed and adopted the revised
_hapter 6.60 of the County Code on 3 August 1993; and
WHEREAS, the revised Chapter 6.60 provides for the concerns and needs of the City through the
development of an Ambulance Operations/Performance Committee (APOC) which acts in an advisory
capacity to the Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council supports the revised
County Code, Chapter 6.60, and directs the City Administrator to assist in Chapter 6.60's implementation;
and,
BE IT FURTHER RESOLVED the City of Morro Bay is committed, through the efforts of the
Ambulance Performance/Operations Committee, to resolve the problems associated with the provision of
Pre -Hospital Emergency Medical Care and Transport Services in the City of Morro Bay.
PASSED AND ADOPTED by the City of Morro Bay City Council at a regular meeting thereof held on
the 13th day of September 1993 on the following vote:
AYES: Crotzer, Luna, Mullen, Unger and Yates
NOES: None
ABSENT None _
ATTEST.
WILLIAM YATES, Mayor
Clerk
ORDINANCE NO. 2629
ORDINANCE AMENDING SAN LUIS OBISPO COUNTY
ORDINANCE CODE SECTION 6.60 CONCERNING
REGULATION OF AMBULANCES
The Board of Supervisors of the County of San Luis Obispo, State of California, does
ordain as follows:
SECTION I: That Section 6.60 of the County Code be amended to read as follows:
PRE -HOSPITAL EMERGENCY MEDICAL CARE AND TRANSPORT SERVICES
Sections:
6.60.010 Definitions.
6.60.020 County ambulance provider agreements.
6.60.040 Publicly owned ambulances and emergency rescue vehicles.
6.60.050 Ambulance Performance/Operations Committee.
6.60.055 Ambulance Performance Standards
6.60.060 Ambulance rates.
6.60.070 Financial responsibility.
6,60.010 Definitions. As used in this chapter, the following words and phrases have
been patterned after the meaning ascribed to them in the National Association of EMS
Physicians (NAEMSP) Medical Director's Handbook, hereafter referred to as the "NAEMSP
• Glossary'. In particular, the following terms shall have the following meaning:
(1) "Ambulance" is defined as a vehicle certified by the California Highway Patrol
• or other applicable state authorities as meeting specifications for transporting and caring for
patients. This term generally refers to a wheeled vehicle, but may include boats, planes,
helicopters, and other specialized vehicles. A Type I ambulance consists of a truck cab -
chassis with a modular body that allows for replacement of the chassis and reuse of the
modular body. A Type II ambulance consists of a standard van -forward control -integral cab -
body unit. A Type III ambulance is a specialty van with forward control and usually with
the ability to walk through from front.
(2) "Ambulance service provider" means any private or public entity or person
operating, owning, or controlling one or more ambulances, in a contractual agreement with
the County of San Luis Obispo
(3) "Ambulance service area" means those ambulance service areas established
within the county and designated in individual County ambulance service provider
agreements.
(4) 'Board" means the Board of Supervisors of the County.
(5) "Central dispatch" means the San Luis Obispo County medical communication
• system (MED-COM) dispatch point.
(6) "County' means the County of San Luis Obispo.
(7) 'Dispatch time" means the interval from when a request for an ambulance is
received by central dispatch until the ambulance is notified.
(8) "Local EMS Agency" means the County Health Department.
(9) "Emergency call' means a request for assistance that activates the EMS system.
It may come through a variety of mechanisms: voice, regular telephone, 911, or radio.
(10) "Emergency rescue vehicle" means any privately or publicly owned motor
vehicle, boat, aircraft, that is specially constructed, modified, equipped or arranged, and
operated, that would aid in life saving activities in the event of a sudden, generally
unexpected occurrence demanding immediate action.
(11) "EMT -I" means an Emergency Medical Technician I as defined in Health and
Safety Code Section 1797.80 and 22 California Code of Regulations Section 100063.
(12) "EMT-D": An Emergency Medical Technician - Defibrillator; an EMT -I with
• additional training to perform cardiac defibrillation on unconscious, pulseless and apneic t
patients, as defined by 22 California Code of Regulations Section 100064.
(13) "EMT-P" means Emergency Medical Technician -Paramedic. An EMT -A with
additional training to the full advanced life support level, as defined in Health and Safety
Code Section 1797.84 and 22 California Code of Regulations Section 100138.
(14) "First Responder" means the first individual to arrive at the scene certified to
render medical care in response to an emergency call.
(15) "MED-COM" means the radio, telephone and dispatch system equipment that
makes up the San Luis Obispo County medical communications system.
(16) "Patient" means a wounded, injured, sick, invalid, convalescent, infirm, or
otherwise incapacitated person requiring immediate medical attention and/or presenting a
significant probability of requiring medical care while being transported, as judged by the
most highly medically qualified person at the scene.
(17) Remote Area: All areas of the County which have a population density of
9 persons or less per square mile.
(19) "Response Code": "Code I" means an ambulance is to arrive at its destination
at the earliest convenience. "Code II" means an ambulance is to proceed to destination as
• rapidly as possible, obeying traffic laws. "Code III" means an ambulance is authorized to use
a red warning light and siren.
(20) "Response time" means the interval of time from ambulance notification until
the ambulance is at the scene.
(21) Rural Area: All definable community areas of the County with a population
of less than 2,500 and population density of 10 to 99 persons per square mile.
(22) Urban Area: All definable community areas of the County with a population
of 2,500 to 500,000 and a population density of 100 or more persons per square mile.
6.60.020 County ambulance service provider agreement. No individual,
partnership, corporation, or other entity shall operate, conduct, advertise, or otherwise be
engaged in the business or service of the transportation of patients upon the street, or any
public way or place within the county, unless the County, through the Board of Supervisors,
• has executed a written County ambulance service provider agreement with said individual,
partnership, corporation, or other entity. An ambulance operated by an agency of the
0 United States or by the state shall not be required to have such an agreement.
1) The County ambulance service provider agreements with private providers shall
provide for some method of ensuring that in the event the provider ceases to perform the
agreement for any reason (including insolvency, bankruptcy, voluntary or involuntary
dissolution of the business) the ambulances and operating equipment used by the provider
in carrying out the agreement will be available for use by the County, or another private
provider operating under agreement with the County, free of any legal encumbrance. Said
provisions may take the form of county ownership with lease back arrangements or some
other method, as recommended by the Ambulance Performance/Operations Committee.
2) The agreements shall address other areas of operation and performance, including
but not limited to coverage requirements, minimum response time standards, staffing and
certification requirements, review of financial and other records, data collection and
reporting requirements, system interaction and rates.
3) The agreements will be developed by the Ambulance Operations/Performance Review
Committee before submission to the Board of Supervisors for approval on behalf of the
• County.
4) During the term of any agreement, proponents of any additional provider service in
any of the assigned ambulance service areas shall have the burden of demonstrating that the
public health, saftey and welfare require the additional service.
6.60.050 Ambulance Operations/Performance Committee. An Ambulance
Operations/Performance Committee is hereby created, to be organized as follows for the
purposes set forth below.
1) The Ambulance Operations/Performance Committee shall consist of seven members,
three who shall be appointed by the County Administrator, and four who shall be appointed
by the City Managers, of which at least two shall be Fire Chiefs. The committee members
appointed by the City Managers shall each be approved by a majority of the City Managers
of the incorporated cities located within the County. None of the members shall be
employees, officers, agents, or owners of any of the private ambulance service providers.
• The members shall serve indefinite terms at the discretion of their appointing authority. The
•
•
Committee will be assisted in certain clerical functions by the County of San Luis Obispo.
2) The purpose of the Ambulance Operations/Performance Committee is to assist the
County Board of Supervisors in developing and administering policy on all aspects of the
pre -hospital emergency medical services system, including but not limited to the following:
a) The service levels and response capabilities of ambulance providers in the
county.
b) The development and oversight of contractual relationships between the county
and ambulance service providers.
c) The development and oversight of agreements between the cities of San Luis
Obispo County and the County of San Luis Obispo.
d) The rate structure of ambulance providers, and the services and financing of
EMS first responder agencies.
e) The development and maintenance of ambulance performance standards.
f) The development and oversight of ambulance service areas.
3) The Ambulance Performance/Operations Committee may develop such bylaws as it
determines necessary for the performance of its duties as outlined above. Bylaws, once
determined, shall be referred to the Board of Supervisors for its consideration
and approval.
6.60.060 Ambulance rates. (a) Any ambulance service provider which operates
within the unincorporated territory of the county shall not charge any rate until that rate has
first been approved by the Board of Supervisors through inclusion of the rates in provider
agreements approved by the County.
(b) All County ambulance service providers doing business within the unincorporated
territory of the county shall maintain a schedule of their current rates in each ambulance
that they operate.
(c) This section shall not apply to services provided by any public entity responding
within that public entity's jurisdictional boundary.
6.60.070 Financial responsibility. As required by Title 13 of the California Code
of Regulations Section 1106.2, no owner shall use any ambulance, or permit any ambulance
to be used, to transport passengers for hire without maintaining the ability to respond in
0 damages as required by Vehicle Code Section 16500.
SECTION IT: This Ordinance shall take effect and be in full force and effect thirty
days after its passage; and before the expiration of fifteen (15) days after passage of this
Ordinance, it shall be published once with the names of the members of the Board of
Supervisors voting for and against the Ordinance in the Telegram -Tribune, a newspaper of
general circulation published in the County of San Luis Obispo, State of California.
INTRODUCED at a regular meeting of the Board of Supervisors held on the 27th
day of Suiy 1993, and PASSED and ADOPTED by the Board of Supervisors of
the County of San Luis Obispo, State of California, on the 3rd day of August , 1993,
by the following roll call vote, to -wit:
AYES: Supervisors David Blakely, Laurence L. Laurent, Evelyn Delany,
Ruth E. Brackett, Chairperson Harry L. Ovitt
NOES: None
ABSTAINING: None
the following ordinance is hereby adopted.
•
WAR2Y L ®V ITT
Chairman of the Board of Supervisors of the
County of San Luis Obispo, State of California
ATTEST:
FRANCIS M. COONEY
County Clerk and Ex-Officio Clerk of the
Board of Supervisors, County of
San Luis Obispo, State of California
[SEAL]
40
L'�
c•
cros \ord\chap16M.721
0
ORDINANCE CODE PROVISIONS APPROVED
AS TO FORM AND CODIFICATION:
JAMES B. LINDHOLM, JR.
County Counsel
By:
County Counsel
Dated: 7 z2Z4 3
•
City of Morro Bay
RESOLUTION 82-93
A Resolution of the City Council of the City of Morro Bay Authorizing the Mayor to Sign
the San Luis Obispo County Regional Hazardous Materials Cooperative Agreement
The City Council
City of Morro Bay, California
WHEREAS, the City of Morro Bay is at risk of a hazardous materials incident requiring'
a response capability that does not currently exist; and
WHEREAS, the City of Morro Bay can not afford or logistically support its own
hazardous materials response team that complies with State and Federal regulations; and
WHEREAS, the Fire Chiefs of San Luis Obispo County, working in conjunction with
Environmental Health, Sheriffs Department, Department of Transportation, California Highway
Patrol, Office of Emergency Services and others, developed a Regional Hazardous Materials
Team to respond to and mitigate hazardous chemical spills through out the County; and
WHEREAS, Resolution No. 25-93 was passed and adopted on 26 April 19931
authorizing participation in the San Luis Obispo County Regional Hazardous Materials'
Response Team,
NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the Mayor to
sign the San Luis Obispo County Regional Hazardous Materials Cooperative Agreement .
PASSED AND ADOPTED by the City of Morro Bay City Council at a regular meeting
f held on the 26th day of April, 1993 on the following vote:
AYES:
NOES:
ABSENT:
Crotzer, Luna, Mullen, Unger, and Yates
None
None
ATTEST: f 1
BRIDGETT DAVIS, dAy Clerk
WILLIAM YATES, Mayor
SAN LUIS OBISPO COUNTY
6111 REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
WHEREAS, each of the following public agencies, City of Arroyo Grande, City of
Atascadero, City of Grover Beach, City of Morro Bay, City of Paso Robles, City of
Pismo Beach, City of San Luis Obispo, County of San Luis Obispo, Fire Protection
District of South Bay, Special Service Districts of Avila Beach, Cambria, Cayucos,
Oceano, San Miguel, Santa Margarita, and Templeton, California Department of
Corrections (California Men's Colony State Prison), California Department of Forestry
and Fire Protection, California Health and Welfare Agency (Department of Mental
Health, Atascadero State Hospital), California Military Department (California Army
National Guard, Camp Roberts), and California State University (California Polytechnic
State University San Luis Obispo), (hereinafter "Public Agencies"), is at risk of a
hazardous materials release or incident from the threatened release of hazardous
material which is transported along the major highways, railroads, and petroleum
pipelines in the County or is stored within the County for local use; and
WHEREAS, many of the Public Agencies participate in the San Luis Obispo
County Fire Services Mutual Aid Operation Plan of October, 1984, and such plan
provides for mutual aid response to hazardous materials emergencies; and
WHEREAS, each of the Public Agencies provides the necessary public funds
for the protection of life and property against the releases or incidents involving
hazardous materials; and
WHEREAS, the creation of a specialized team of personnel to respond to
hazardous material emergencies or potential emergencies in the County of San Luis
Obispo would provide the most effective use of the combined local resources and
would benefit each of the Public Agencies; and
WHEREAS, consistent with Government Code section 6502.7, each of the
Public Agencies has authority to respond to hazardous materials emergencies and to
operate and maintain equipment for hazardous materials response; and
WHEREAS, the Public Agencies are authorized to contract with each other for
the joint exercise of any common power pursuant to Article I Chapter 5, Division 7, of
Title 1 of the Government Code of the State of California;
NOW THEREFORE, THIS JOINT POWERS AGREEMENT is entered into, by and
between those Public Agencies that have executed this Agreement by December 31,
1993, and in consideration of the mutual covenants and agreements contained herein,
the Parties hereto agree as follows:
1. PURPOSE OF AGREEMENT, COMMON POWER TO BE EXERCISED: As a
supplement to the San Luis Obispo County Fire Services Mutual Aid Operation Plan of
FEB-08-2002 10:40 SLO CO DES 805 781 5005 P.05i08
October, 1984, the Parties enter this Agreement for the purpose of providing for the
• creation and establishment of a Regional Hazardous Materials Response Team
(hereinafter 'Team"}. The Team shall carry out the abatement and emergency control
of hazardous conditions and stabilize the same, until these conditions can be turned
over to the appropriate authority, for further disposal.
2. NO ENTITY SEPARATE AND APART FROM THE PARTY ENTRIES: The Parties
agree that the purpose of this Agreement may be accomplished without creating an
entity separate and apart from the Parties; therefore the Parties expressly decline to
create an entity separate and apart from the Parties to this Agreement
3. MEMBERSHIP OF BOARD OF DEE9T_ORS: A Regional Hazardous Materials
Response Team Board of Directors (hereinafter "Bcardl shall be established to
oversee the operation of the Team, establish Team pollcies'and procedures in
accordance with the Purpose of this Agreement, and manage the Team's finances and
property utilized by the Team. The Board shall consist of six voting members selected.
by the following procedure:
A. There shall be three standing members on the Board: (1) the Fire
Chief of the City of San Luis Obispo, (2) the Fire Chief of San Luis
Obispo County, and (3) a representative of the County's
Environmental Health Department
B. There shall be one member representing each of the following
three geographic areas: (1) North County, which includes San
• Miguel, Paso Robles, Templeton, Atascadero, Santa Margarita,
Atascadero State Hospital and Camp Roberts; (2) South County,
which includes Arroyo Grande, Pismo Beach, Grover Beach, Avila
Beach, and Oceano; (3) Coastal, which includes Morro Bay,
Cambria, South Bay, Cayuccs, California Men's Colony, and Cal
Poly. Each of these members shall be a Fire Chief elected by the
Fire Chiefs of the communities that are represented by that area.
Each appointee shall serve a tens of two years, He or she may
be re-elected for an unlimited number of terms.
4. B A D MEETINGS: The Board shall establish the time and place for its
meetings and shall hold at least one annual meeting. A special meeting may be called
by the Chairperson, or upon demand of two-thirds of the sic members of the Board,
by noticing each Board member at least 48 hours before the time of such meeting.
The notice shall specify the time and place of the meeting and the business to be
transacted. All meetings of the Board shall be open to the public, except for those
sessions which may by law be dosed. The Board shall cause its Secretary/Treasurer
to maintain minutes of open meetings, which shall be public documents available for
inspection at the County of San Luis Obispo Office of Emergency Services at all times
during regular business hours of San Luis Obispo County. No compensation shall be
received by any member of the Board for his or her services. 'No business shall be
transacted without the presence of a quorum of the Board. A quorum shall consist of
four or more Board members. A majority vote of the quorum shall be required to
0 -2-
. transact business. At the first Board meeting, the Board shall adopt rules for the
orderly transaction of business.
5. BOARD OFFICERS AND EMPLOYEES: The Board shall elect officers, by
majority vote, to serve as Chairperson and Vice Chairperson. The Secretary/Treasurer
shall be a non -voting member of the Board and shall be a member of the County of
San Luis Obispo Office of Emergency Services.
6. FINANCING: Use of the equipment, materials, and facilities of the Parties shall
be in accordance with rules and regulations approved by the Board. The Board shall
prepare an annual fiscal year budget for the needs of the Team. Each Party.shall
provide a equal share of the budget amount which excludes any amounts contributed
toward the total budget amount by grants, donations, or other sources. The
Secretary/Treasurer shall bill each of the Parties annually or at more convenient
intervals determined by the Secretary/Treasurer. All funds shall be deposited into a
separate account to be maintained as the Regional Hazardous Materials Response
Team Account (hereinafter "Account"). The Board shall have access to the Account
upon signature of any two Board members. In the event any Party fails to contribute
its equal share of the budget, as determined by the Secretary/Treasurer, such Party
may be terminated from participation on or assistance by the Team by a majority vote
of the Board.
A. Any excess in federal, state, or local funds in the Account at
the end of any fiscal year shall be transferred to the next
fiscal year's budget.
B. During the first year, a fund shall be established by the
Board and funded by each of the Parties contributing an
amount to the Account not to exceed $1,000.00 each.
C. During each successive budget year, the fund shall be
maintained at no more than $20,000.00 and no less than
$15,000, through agencies contributions not to exceed
$1,000 each per year. Upon majority approval of the
Board, the fund may be expended for the purchase of
equipment, unanticipated training needs, equipment repair,
and other unanticipated expenses determined necessary by
the Board.
D. Funds shall not be budgeted for or disbursed from the
Account in a manner which creates a deficit at any time.
7. TERMINATION OF AGREEMENT: This Agreement shall remain in full force and
effect until such time as a majority of the Board shall vote to terminate this Agreement
and each of such majority Board member's Public Agency ratifies his or her vote.
Each Party may individually terminate its involvement in this Agreement, and thereby
withdraw from participation on or assistance by the Team, by providing 90 days
written notice of termination to any one of the members of the Board. Parties
individually terminating involvement in this Agreement shall not be entitled to any
refund of funds previously paid to the Account. In the event this Agreement is
-3-
terminated by a majority vote of the Board ratified by the majority's Public Agencies,
the following shall occur: (1) all equipment and/or material donated by any agency for
use by the Team shall be returned to the agency without compensation for either
ordinary wear and tear or replacement, (2) all property utilized exclusively by the Team
shall be sold at fair market value and the funds received shall be deposited in the
Account, (3) the Secretary/Treasurer shall pay any outstanding accounts, invoices,
and Board -approved claims from the Account, (4) any grant monies which have not
been expended shall be returned to the grantor, and (5) finally, the Account shall be
disbursed equally to those Public Agencies which participated in this Agreement at the
time of the Board's majority vote for termination.
8. REPORTS: The Secretary/Treasurer shall maintain the financial records of the
Team in an accurate and organized manner at all times and shall reconcile the
Account on a monthly basis. The Secretary/Treasurer shall prepare, or cause to be
prepared, an annual fiscal year report which shall include the yearly budget, the
amount, date, and source of all receipts, the amount, date, recipient, and purpose of
all disbursements, the Account balance at the beginning of the fiscal year, the Account
balance at the end of the fiscal year, and an inventory of all equipment and material
owned by the Team. A copy of the annual report shall be distributed to each Party
within thirty days of the end of the fiscal year. The Secretary/Treasurer shall furnish
such other reports and data as may from time to time be requested by the Board. All
financial records shall be available for inspection by an authorized representative of
• each Party upon written request and by arrangement with the Secretary/Treasurer or
other members of the Board.
9. TEAM SUPPORT AND PARTICIPATION: Each of the Parties agree to support
the Team in the following areas:
A. TRAINING: The Parties shall provide persons to attend
various levels of training including the initial start-up of the
Team and continuing education requirements consistent
with Government Code section 8574.19 et seq. and other
applicable laws, regulations, and Team standards set forth
for operations. Each Party shall host and support training
activities.
B. STAFFING: The Parties shall provide persons to participate
as members of the Team for response to calls or to
support the Team's response.
C. INSURANCE: Each of the Parties shall provide Worker's
Compensation for its fire persons while such persons are
involved with the Team. Government Code sections 50925
et seq. (Extraterritorial Activities of Firemen) and other
applicable Worker's Compensation, liability, and/or benefits
laws are incorporated into this Agreement by reference.
. D. EQUIPMENT: Each Party shall support the Team with
resources whenever possible and with regard to other
Team Members be responsible for any damage or loss to
lit
. such Party's resources which occurs while being used
pursuant to this Agreement.
E. MEDICAL EXAMINATIONS: Medical examinations for each
Party's Team members shall be provided by that Public
Agency. The Parties will work cooperatively to secure the
most cost-effective approach to medical examinations.
F. COMPENSATION: The Parties agree that no compensation
for support and membership on the Team is required;
however, reimbursement for all Team services is a high
priority, e.g. reimbursement from persons or entities
responsible for hazardous materials spills. The Team will
actively pursue grants and donations to reduce financial
dependence on the participating Public Agencies.
10. NON -PARTICIPATION: Any Public Agency named in the first "WHEREAS"
clause of this Agreement that chooses not to sign the Agreement can avail itself of the
Team's services; however, that Public Agency must pay all costs of such Team
services as "Assistance for Hire" at the rates determined by the Board.
11. COUNTERPARTS: This Agreement may be signed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and
the same Agreement.
• 12. EXECUTION: Each Public Agency that signs this Agreement shall promptly
notify the County of San Luis Obispo Office of Emergency Services and shall
simultaneously forward to such office an executed copy of its Counterpart Signature
Page of this Agreement by hand -delivery to such office. Because final execution of
this Agreement is a condition of grant funding of equipment for the Team's use, every
Public Agency desiring to participate in this Agreement must submit its executed copy
of its Counterpart Signature Page to the County of San Luis Obispo Office of
Emergency Services by December 31, 1993.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their respective authorized officers. This Agreement is deemed to be
signed and executed as of the last date a Public Agency executed this Agreement
which is the day of , 1993.
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
chief 1�`puty County Counsel
Dated: +4fi o
-5-
a
ATTEST:
0
COUNTERPART SIGNATURE PAGE
SAN LUIS OBISPO COUNTY
REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
CITY OF MORRO BAY
/I✓/��it'I
Mayor, City of .,
Date:
so
RESOLUTION NO. 81-93
AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT
WITH PACIFIC GAS & ELECTRIC
FOR CONSTRUCTION OF A GEAR STORAGE AREA
WITH A GRANT FROM THE
CALIFORNIA COASTAL CONSERVANCY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay, acting as lead agency with
the Morro Bay Commercial Fishermen's Organization (MBCFO),
applied for and received a $325,000 gear storage area grant from
the California Coastal Conservancy in 1992; and
WHEREAS, the City of Morro Bay executed the grant agreement
per Resolution No. 97-92 in July of 1992; and
WHEREAS, the Coastal Conservancy grant requires the City to
complete a lease agreement for construction of the Gear Storage
Project on Pacific Gas & Electric property; and
WHEREAS, the City has obtained Conditional Use Permit No.
26-91 for the project and all necessary permits have been
• obtained.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay that the Mayor is hereby authorized to execute
the lease agreement with Pacific Gas & Electric to be used for
the construction of a gear storage area on Pacific Gas & Electric
property with a grant from the California Coastal Conservancy.
BE IT FURTHER RESOLVED that any sublease of a portion of
that area described in this lease agreement shall be submitted to
City Council for approval.
PASSED AND ADOPTED by the Morro Bay City Council at a
regular meeting thereof held on the 23rd day of August, 1993, on
the following vote:
AYES: Luna, Mullen, and Yates
NOES: None
ABSENT: Crotzer and Unger
ATTEST:
9
BRIDGETT AVIS, City Clerk
2229-10-0382
61-6504 (, v, S84)
LEASE OF LANDS
i
THIS LEASEAGREEMENT made by and between PACIFIC GAS AND ELECTRIC COMPANY, a California
corporation, hereinafter called PG&E, and the CITY OF MORRO BAY, a chartered California city. 595 Harbor Street,
Morro Bay, CA. 93442. c/o City Harbor Department Attention Harbor Director, 1275 Embarcadero, Morro Bay CA 93442
(805) 772-6259. hereinafter called Tenant,
97TNESSETHthat in consideration of the rents and covenants to be performed by Tenant as provided herein, PG&E
leases to Tenant for the term commencing on October 1,1993 and ending at the close of September 30 , 1998, for the purpose
of constructing, operating and maintaining a Gear Storage/Harbor Maintenance Facility and for no other purpose, those
certain premises in the City of Morro Bay, County of San Luis Obispo, State of California, described as follows:
The parcel of land, containing approximately one and a half (1.5) acres, cross -hatched, in red, on the drawing
(Exhibit 'A) attached to and made a part of this lease agreement. Said parcel is further described as a portion
of State Board of Equalization Map Number 13540-51), parcel 2. Said parcel is also designated as a portion of
San Luis Obispo County Assessor's parcel number 66-331-24.
Excepting therefrom and reserving to PG&E, any and all electric lines, communication lines, pipe lines and other
Cllations on the premises used by PG&E in the conduct of its business, and the right to reconstruct, maintain, and use the
, together with access thereto over and across the premises. PG&E shall also have the right from time to time to inspect
the premises to ensure compliance with the terms and conditions provided herein.
The rent during the term of this lease shall be as follows:
The annual rent for the first year (October 1, 1993 to September 30, 1994) of this lease agreement is three thousand
dollars ($3,000.00), due upon delivery and execution of this lease agreement. Thereafter, the annual rent shall be six
thousand dollars ($6,000.00) which shall be due and payable, on or before October 1, each year, during the initial term
(October 1, 1994 to September 30, 1998) of this lease agreement.
Tenant agrees to comply fully with the fallowing conditions:
I, Tenant will pay rent immediately when due and all other sums payable under this lease in lawful money of the United
States of America to PG&E's Land Department at 406 Hi¢uera Street Post Office Box 592, San Luis Obispo California
93406-0592, without abatement, setoff, counterclaim, or reduction. Tenant shall pay, as additional rent, a charge for late
payment to PG&E. If any installment of rent or of a sum due from Tenant, accruing under the provisions of this lease, is not
received by PG&E within fifteen (15) days after the due date, then Tenant shall pay to PG&E a fixed charge of ten percent
(10%) or the maximum amount allowed by law, whichever is less, of the rent or sum due. In the event Tenant is more than
thirty (30) days late in paying this rent or other sum due, PG&E, in addition to all other legal or equitable remedies and at its
sole option, may immediately terminate this lease. Should PG&Ebring any legal proceeding arising out of or in connection
with the lease, and judgement is rendered in PG&E's favor, the court may award all costs incurred by PG&E in the proceeding
including reasonable attorneys' fees to PG&E.
•
1.
61`.5 M..S.",
2.. Tenant will not:
(a) sublet the premises or any part thereof, or attempt to assign this lease without first obtaining the written consent of
. PG&E;
(b) allow any waste, nuisance, or hazard to occur or exist on the premises; or
(c) use any of the water from the premises without prior written consent of PG&E.
3. Tenant will observe due diligence and care in maintaining the premises including, but not limited to, fences,
buildings, and all other improvements, in proper condition and to the satisfaction of PG&E, and at the expiration or other
termination of this lease surrender same to PG&E in as good condition as they are presently in, reasonable use and wear and
damage by the elements excepted.
4. Tenant shall comply with all local, state, and federal laws and regulations including those laws whether existing or
new which relate to the use, handling, treatment, or disposal of toxic or hazardous substances or relating to the control of
rodents, other vermin, or noxious weeds on the premises. Tenant further agrees to indemnify and hold PG&E harmless from
any and all loss, expense, and liability arising out of the presence of the aforementioned conditions on the premises. In no event
shall Tenant dispose or allow the disposal of any substance on the premises which has hazardous or toxic qualities.
5. Tenant shall conduct all operations hereunder in accordance with good property management procedures to avoid
unfavorable impact upon the environment, ecology or aesthetics of the surrounding neighborhood and to reflect credit upon both
Tenant and PG&E, and shall comply with the applicable provisions of the Environmental Quality Act of 1970 (California
Public Resources Code, Sections 21000, or seq.).
6. Should Tenant, with the consent of PG&E, express or implied, hold aver possession of said premises after the term
hereof, such holding shall be deemed a tenancy from month to month, at a monthly rental of $1. 000.00, payable in advance, and
on the terms and conditions herein stated.
*7. Tenant shall indemnify PG&E, its officers, agents and employees against all loss, damage, expense and liability
sulting from injury to or death of persons, including, but not limited to, employees of PG&E or Tenant, or injury to property,
including, but not limited to, property of PG&E or Tenant, arising out of or in any way connected with the lease or the premises
including any lass, damage, expense or liability caused or contributed to by the negligence, whether active or passive, of PG&E,
excepting only such loss, damage, expense or liability as may be caused by the sole negligence or willful misconduct of PG&E.
In the event this indemnity is not enforceable, Tenant shall indemnify PG&E to the maximum extent allowed by law.
S. No building or other structure shall be erected by or for Tenant on the premises without prior written consent from
PG&E. Tenant shall pay all taxes levied or assessed during the term hereof against any and all improvements which may be
constructed by or for Tenant on the premises. All improvements shall become the property of PG&E, at its option, at the
expiration or termination of the lease. At the request of PG&E, Tenant will remove any and all improvements erected by the
Tenant and restore the premises to as close to its original condition as practicable.
9. Tenant will pay and discharge all bills for labor and materials furnished during the term hereof at Tenant's request
for use upon the premises, and be solely liable and shall hold PG&E harmless from liability for any and all claims, demands and
causes of action that are brought arising out of, or in any way connected with, any claims or liens for labor or materials or
similar action.
10. As required pursuant to General Order No. 69-C of the California Public Utilities Commission, PG&E reserves the
right during the term of the lease upon its own motion (or upon order of the Commission) to do any of the following if deemed
necessary or desirable at PG&E's sole option exercised in good faith:
(a) make such temporary, or permanent use of the leased premises, or any part of it as it shall deem necessary;
(b) sell, exchange, or lease the whole or any part of the leased premises to another or others; and
(c) grant easements and rights of way in, on and across the leased premises for any and all uses.
SPG&E desires to take any or all of the actions set forth under (a), (b) and (c) above, it shall give Tenant at least 180 days'
2.
61-BOW (R.v. "4)
written notice to that effect. Said notice shall contain a description of the lands to be utilized, sold, exchanged or leased, or the
easement to be granted. The lease of the lands described in said written notice will automatically terminate upon the expiration
of the above designated period. If the lands include the entire leased premises, PG&E will refund the unearned portion of any
rent Tenant has paid in advance. if only a portion of the leased premises is included in such description then this lease shall not
Re affected as to the remainder of the leased premises and the refund to be paid to Tenant of such unearned rent shall be based
n a proration by area and time. After the expiration of the then current year there shall be an adjustment in the rate of rental
for the remainder of the lease tern based on the remaining portion of the leased premises.
11. Failure to enforce any right or obligation by either party with respect to any matter arising in connection with this
lease shall not constitute a waiver as to that matter or any other matter.
12. Insurance requirements:
Tenant shall maintain the following insurance coverage. Coverage shall protect both Tenant and PG&E for liability arising
out of the use of the land by Tenant.
(a) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
1. Workers' Compensation insurance or self-insurance indicating compliance with all applicable labor codes of the
state of California.
2. Emplovers' Liability insurance shall not be less than $2,000,000 for injury or death for each accident.
(b) COMMERCIAL GENERAL LIABILITY
1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage
"occurrence" form, with no coverage deletions.
2. The limit shall not be less than $2,000,000 each occurrence for bodily injury, property damage and personal injury.
3. Coverage shall:
a.) By "Additional -Insured" endorsement add as insureds PG&E, its directors, agents, and employees with respect
to liability arising out of the leased land, and;
. b.) Be endorsed to specify that the Tenant's insurance is primary and that any insurance or self-insurance
maintained by PG&E shall contribute with it.
(c) ADDITIONAL INSURANCE PROVISIONS
1. Before commencing performance of Work, Tenant shall furnish PG&E with certificates of insurance and
endorsements of all required insurance for Tenant.
2. The documentation shall state that coverage shall not be cancelled except after thirty (30) days prior written notice
has been given to PG&E.
3. The documentation must be signed by a person authorized, by that insurer, to bind coverage on its behalf and shall
be submitted to :
PACIFIC GAS AND ELECTRIC COMPANY
Insurance Department T-19B
Post Office Box 770000
San Francisco, CA 94177
4. PG&E may inspect the original policies or require complete certified copies of said, at any time.
13. If two or more parties are designated herein as Tenant, the obligations herein of Tenant shall be the joint and several
obligations of all persons herein designated as Tenant.
14. This lease is personal to Tenant.
15. Time is of the essence of the provisions hereof.
16. In addition to paragraph four (4) of this lease, Tenant shall not commit on the leased premises, waste or a nuisance, or
*ny other act that could disturb the quiet enjoyment of PG&E or any other tenant of PG&E's adjacent property. Tenant shall
3.
01-0056 M.. 6 861
not, nor shall Tenant, allow the dumping of waste water, sewage or other materials considered hazardous or toxic on the leased
premises by its employees or other persons.
17. Tenant shall not possess or discharge any firearms, or allow others to do so, on the leased premises.
18. Tenant shall conduct their operations, on leased premises, so as not to disturb, or in any way damage, any historical or
archaeological sites, that may exist on the leased premises.
19. Tenant shall construct any and all proposed improvements, in a professional workmanlike manner, to the satisfaction
of PG&E. PG&E shall also approve the location of said fences and/or gates.
20. PG&E does hereby give to Tenant the right and option of extending the term of this lease for three (3) additional and
consecutive periods of five (5) years, each. Tenant must exercise said option at least six (6) months prior to the expiration of this
lease (March 31,1998). The annual rent, for the option periods, shall be negotiated three (3) months prior to the expiration of
each successive five-year period of time (June 30), either by serving written notice of its exercise thereof to PG&E, personally, or
by mailing written notice of its exercise thereof to PG&E, Attention: Los Padres Division Land Department; Post Office Box 592,
San Luis Obispo, California, 93406-0592.
21. Tenant acknowledges that as a result of the operation of PG&E's facilities (including but not limited to the Morro Bay
Power Plant) upon and adjacent to the premises, said facilities may from time to time emit noise or by-products of combustion
which may flow and pass over premises. It is therefore agreed that PG&E shall not be required to reduce or otherwise diminish
said noise level or by-products of combustion in any manner whatsoever and that Tenant's use of premises shall be at Tenant's
own risk and expense.
22. PG&E assumes no responsibility for maintenance of the premises or such repairs as may be required and Tenant
agrees to absolve PG&E from any liability for such maintenance or repairs and to indemnify and hold PG&E harmless from any
loss, damage or liability for damages, whether for damages to or loss of property or injury to or death of person, which may be
caused by, or arise out of or in any way be connected with improper maintenance of the premises.
23. In addition to paragraph seven (7), Tenant shall indemnify PG&E, PG&E's officers, agents and employees against all
oss, damage, expense and liability resulting from injury to or death of any person, including but not limited to employees of
PG&E or Tenant, arising out of or in any way connected with Tenant's operations hereunder, or with the emission of by-products
of combustion, noise and/or fluctuations of any noise level emitted by PG&E's facilities, including, but not limited to Morro Bay
Power Plant, in the vicinity of the leased premises whether produced by voluntary action of PG&E or otherwise, including any
losss, damage, expense or liability proximately caused or contributed to by the negligence, whether active or passive, of PG&E,
excepting only such loss, damage, expense or liability as may be caused by the sole negligence or willful misconduct of PG&E.
24. Tenant shall obtain any and all permits, licenses and other governmental approvals ( hereinafter referred to as "Permits")
legally required by virtue of its use of said leased premises including but not limited to Permits under the Clean Air Act, Clean
Water Act, Resources Conservation and Recovery Act, and the California Environmental Quality Act of 1970. Tenant shall
promptly inform PG&E, in writine, prior to each filing and the outcome of any such application for a Permit. PG&E reserves the
right to acceptor reject any condition of approval that maybe imposed. Tenant also agrees that, if PG&E rejects any condition of
approval, PG&E shall not be held liable for any expense incurred by Tenant as a result.
25. Tenant shall inform PG&E, in writine, of the precise nature of its use of said leased property, including but not limited
to any activities which might subject PG&E to regulation under any laws concerned with the protection of the environment.
Tenant agrees that its use of said leased property shall be compatible and shall not interfere with PG&E's operation of its Morro
Bay Power Plant.
26. In addition to paragraph eight (8), any or all improvements made to the leased premises by or for Tenant (such as
buildings, fencing, paving, etc.) shall at PG&E's option, become the property of PG&E and shall be left in place upon the
expiration or other termination hereof unless PG&E requests Tenant to remove said improvements. Said removal shall be at
Tenant's sole cost and expense.
27. In addition to paragraph eight (8), Tenant agrees to install all improvements to the leased premises, at its sole risk and
�xpense, in a professional, workmanlike manner that is subject to PG&E's approval and in accordance with PG&E's standard
4.
el-a0" (Hnc S84)
safety practices. Tenant further agrees to submit all specifications, details and plans to PG&E for PG&E's review and approval
prior to any construction by Tenant and/or Tenant's contractors. Any modifications deemed necessary by PG&E, after its
review of the plans, will be made at Tenant's sole risk and expense. PG&E shall not be held liable for any expense incurred by
Tenant as a result.
0 28. In addition to paragraph two (2, b), Tenant shall not nor shall Tenant allow the dumping or discharge of any waste
water, sewage or other materials considered hazardous or toxic on the leased premises by Tenant's employees and\or other
persons.
29. Tenant shall provide PG&E with a list of any and all chemical or hazardous materials proposed by Tenant to be
stored or used on the leased premises. The list of said materials shall be submitted to PG&E for its written approval, prior to
any of said materials being brought on said premises. Tenant must prepare a "Business Plan" in accordance with California
Health and Safety Code 6.95 regarding the handling of chemicals and/or hazardous materials proposed by Tenant to be stored
or used on PG&E property. Tenant shall submit said "Business Plan" to PG&E, for its review and written approval, prior to
any other review by any governmental agency or regulatory body. This "Business Plan" shall include an inventory of hazardous
materials which is required to be updated annually, and a hazardous materials release response plan and procedures which
includes: notification, reporting, and a training program. The use of such chemicals and materials, as may be approved by
PG&E, shall be in accordance with all Local, State and Federal laws and regulations. PG&E's approval of the storage or use of
these chemicals or hazardous materials shall in no way affect the Tenant's indemnity as set forth in paragraphs four (4),
seven(7), sixteen(16), twenty-two (22) and twenty three (23).
30. Handling and Disposal of Hazardous Materials Chemicals or hazardous materials and wastes contaminated with
hazardous materials are the property and responsibility of the Tenant and may not be disposed of on or at PG&E's property.
Tenant shall comply with all Federal, State, and Local hazardous waste laws and regulations including, but not limited to, State
Generator Standards in accordance with California Code of Regulations, Title 22 Chapter 12. These regulations define the
required standards for generator identification numbers, packaging, labeling, placarding, accumulation time, and record
keeping. Tenant also represents and warrants that any disposal facility to which hazardous wastes may be transported is in
compliance with any and all Federal, State, and Local laws and regulations pertaining thereto, and that said disposal facility
meets PG&E's standards for a facility suitable to receive and/or dispose of said materials.
031. Tenant shall, at PG&E's request, provide proof that hazardous materials or chemicals have not been disposed of on
the leased premises. This proof may include a report of laboratory analysis, by a California State Department of Health
Services Certified Hazardous Waste Laboratory, of the soil samples taken from the leased premises.
IN WITNESS WHEREOF the parties have executed this lease in duplicate this 31 Xday of � 1993.
TENANT n PACIFIC GAS AND ELECTRIC COMPANY
By .
FORREST HENDERSON, City Administrator
By
CK A ERT. Harbor Director
Loa Padres Dimm
T 295, R 10E, M D.B.&M.
.1m 25, SW 114 ofNW 114
ortion of SBE No. 13540-5D, Parcel. 2
ref.: LDW2229-10-0037 & 2229-10-0357
By
LU DE SILVA,
Director, New Business Land Services
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I III
EXHIBIT
"A"
City of Morro Bay
RESOLUTION NUMBER 80-93
A Resolution of the City Council of the City of Morro Bay Commending Stan Thomas for His 24
Years of Public Service Upon Retirement From the City of Morro Bay
The City Council
City of Morro Bay, California
lffZ4S, Stan Thomas was hired by the City of Morro Bay on October 1, 1969 as a
Firefighter; and
KhA1 jff4S, Stan Thomas served in this capacity until he promoted to Fire Engineer on July 1,
1971; and
1rffF, 4S, Stan Thomas became one of Fire Department's shift leaders on January 1, 1976
when he promoted to Fire Captain; and,
1f11ZVf4S, Captain Thomas graduated from the first Emergency Medical Technician class
conducted in San Luis Obispo County and was Morro Bay Fire Department's first certified
Emergency Medical Technician; and
IPAF,RFAS, Captain Thomas served as the City's Fire Marshal from 1981 until 1988, working to
increase fire safety in the community through Fire Prevention and Public Education; and
VILMS, Captain Thomas was active throughout his career coordinating charity fund-raising
for the Morro Bay Firefighters; who used the funds for community fire safety projects; and
ANMEV the community recognizes Stan for his devotion, hard work, and outstanding service
to the citizens of Morro Bay.
N01f' TJ1F1f'0,f HITRESOVIV, by the City Council of the City of Morro Bay, that Stan Thomas
be hereby commended for his twenty-four years of dedicated public service to the Morro Bay
community; and,
_R Zr I'URT#AT ffSOL,UF'II by the City Council;. that due to Stan's devotion to his job and
commitment to the community, that Stan be given his Captain badge to recognize his career tenure;
and accomplishments and, that the City Council hereby extends its best wishes to Stan and Roberta
Thomas as they enjoy their richly deserved retirement years together.
_P4,TFIArfDAt20PTZ,9 by the City of Morro Bay City Council at a regular meeting thereof held on
the 23th day of August 1993 on the following vote:
AYbS
MOW
ABSENT
Luna, Mullen, and Yates
None
Crotzer and Unger
WILLIAM
A7T�ST.
Bridgett vis, City Clerk
• RESOLUTION NO. 79-93
JOINT RESOLUTION BY THE COUNTY OF SAN LUIS OBISPO
AND THE CITIES OF MORRO BAY AND SAN LUIS OBISPO
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the chain of ancient volcanic peaks known as the
Morros is a unique geological formation and dominate the region
between the cities of San Luis Obispo and Morro Bay by their
spectacular natural beauty; and
WHEREAS, the Morros have a universally acknowledged scenic
value which contributes significantly to one of the largest
industries in San Luis Obispo County, namely the tourist
industry, by providing a unique open space backdrop to, and
scenic corridor between the cities; and
WHEREAS, the special beauty of the Morros was honored by the
• original inhabitants of this region and was noted as far back as
1542 by Juan Rodriquez Cabrillo, the earliest European explorer
to this region; and
WHEREAS, the Morros are the most prominent and one of the
most popular regional landmarks in San Luis Obispo County; and
WHEREAS, the Morros are still mostly in open space and
relatively undeveloped, due to the responsible stewardship of the
land by private and public landowners; and
WHEREAS, the Morros provide a unique habitat for a variety
of animal, bird and plant species and have significant aesthetic,
educational and historical value; and
WHEREAS, the entire chain of Morros should be preserved as
much as possible in its natural state, while respecting the
rights of private property owners; and
WHEREAS, if not protected from development and/or overuse by
the public, through the cooperative effort of the entities
signing this joint resolution, the irreplaceable values of the
Morros will be severely impaired and lost forever to future
generations.
•
Resolution No. 79-93
Page Two
NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay
joins with the Board of Supervisors, County of San Luis Obispo,
State of California and the City of San Luis Obispo, will
actively promote the protection and preservation of the Morros,
while respecting the rights of private property owners.
Furthermore, San Luis Obispo County and the two cities wish to
establish a method of recognizing "Regional Landmarks", and
declare that the Morros should be nominated as the first San Luis
Obispo County Regional Landmark.
PASSED AND ADOPTED by the Morro Bay City Council at a
regular meeting thereof held on the 23rd day of August, 1993 on
the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
•
ATTEST:
\W 1 n
BRIDGETJ DAVIS, City Clerk
•
RESOLUTION NO. 78-93
• A RESOLUTION APPROVING FRANCHISE ADVISORY BOARD BYLAWS
THE CITY COUNCIL
Morro Bay, California
WHEREAS, Section 5.28.010 of the Morro Bay Municipal Code provides for a
Television Franchise Services Board to conduct certain business relating to television franchise
services; and
WHEREAS, Section 8.16.400 of the Morro Bay Municipal Code provides for a Franchise
Board to conduct certain business related to solid waste collection services; and
WHEREAS, the City Council of the City of Morro Bay decided on May 10, 1993 to
consolidate the functions and three existing members of the Cable TV Franchise Services Board
and two existing members of the Solid Waste Management Board into a new Franchise Advisory
Board comprised of seven members; and
WHEREAS, it is necessary for said Franchise Advisory Board to adopt bylaws to be
approved by the City Council; and
WHEREAS, said bylaws were adopted by the Franchise Advisory Board on July 27, 1993.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay
to approve the Franchise Advisory Board Bylaws attached hereto and incorporated herein by
reference.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 23rd day of August, 1993 by the following vote:
AYES: Luna, Mullen, and Yates
NOES: None
ABSENT: Crotzer and Unger
ABSTAIN: None
ATTEST:
BRIDGETT AVIS, City Clerk
MCILLC:LYNNkl:7 - 3
0
CITY OF MORRO BAY
• FRANCHISE ADVISORY BOARD BYLAWS
ARTICLE 1 - AUTHORITY AND PURPOSE
Pursuant to Morro Bay Municipal Code (MBMC) Section 5.28.010, a Television Franchise
Services Board comprised of at least five City residents who are registered voters may be
appointed by and serve at the pleasure of the City Council to conduct certain business relating to
television franchise services, including but not limited to hearing complaints, conducting studies,
and making recommendations to the City Council. Pursuant to MBMC Section 8.16.400 a
Franchise Board comprised of at least five members who are registered voters may be appointed
by and serve at the pleasure of the City Council to conduct certain business relating to mandatory
solid waste collection services, including but not limited to hearing complaints, conducting
studies, and making recommendations to the City Council,
The City Council decided on May 10, 1993 to consolidate the functions and three existing
members of the Cable TV Franchise Services Board and two existing members of the Solid Waste
Management Board into a new Franchise Advisory Board comprised of seven members.
ARTICLE 2 - MEMBERSHIP
The Board shall be comprised of at least five voting members.
• ARTICLE 3 - QUALIFICATIONS
Board members shall be City residents and registered voters within the City and shall serve
without compensation. Board members shall simultaneously hold no other public office in the
City.
ARTICLE 4 - APPOINTMENTS
The City Council shall appoint Board members and fill any vacancies. The City Council may
reappoint members for an additional term. Appointments to fill vacant positions shall be for the
unexpired term only.
ARTICLE 5 - TERMS OF OFFICE
Board members shall serve for a period of four years commencing June 1, 1993. The term of
office for one member shall expire on December 31, 1994 and every four years thereafter. The
term of office for two members shall expire on December 31, 1995 and every four years
thereafter. The term of office for two members shall expire December 31, 1996 and every four
years thereafter. The term of office for two members shall expire on December 31, 1997 and
every four years thereafter. The initial terms of office for each Board member are attached hereto
as Exhibit A and incorporated herein by reference.
FRANCHISE ADVISORY BOARD BYLAWS
PAGE
• ARTICLE 6 - ABSENCE FROM MEETING
Absence of a Board member from three consecutive meetings without the formal consent of the
Board as noted in its official minutes shall constitute the voluntary resignation of the absent
member and the position shall be declared vacant.
ARTICLE 7 - ORGANIZATION
The Board shall elect a Chair and Vice Chair at its first regular meeting following January 1 of
each year. The Chair and Vice Chair shall hold office for one year. The Board may re-elect the
Chair and Vice Chair at its discretion. The Chair shall preside over meetings, appoint appropriate
subcommittees, and direct the affairs of the Board. In the absence of the Chair, the duties of the
Chair shall be performed by the Vice Chair. City Staff shall record the activities of the Board and
facilitate communications between the Board and City Council.
ARTICLE 8 - QUORUM
A majority of members constitutes a quorum,
ARTICLE 9 - MEETINGS
Regular meetings of the Board shall be held at a location in Morro Bay at 6:30 p.m. on the fourth
Is Tuesday of every month or such other day and time as may be determined by the Board. The
Board may schedule special meetings. Notices for regular meetings, rescheduled regular
meetings, canceled meetings, and special meetings shall be property posted. Board meetings shall
be open to the public. The Chair shall have the authority to limit public comments at Board
meetings and close meetings to public comments.
ARTICLE 10 - CITY STAFF SUPPORT
The Director of Public Works, his/her designated representative, or such other City Staff as may
be designated shall prepare agendas, reports, and minutes pertaining to Board business and attend
Board meetings.
ARTICLE 11 - DUTIES OF BOARD
The duties and responsibilities of the Franchise Advisory Board shall include but not be limited to
the following:
Act in an advisory capacity to the City Council in matters pertaining to cable TV franchise
services and other telecommunications activities and services as appropriate, including but not
limited to related administration, complaints, and problems.
0
FRANCHISE ADVISORY BOARD BYLAWS
PAGE 3
• Act in an advisory capacity to the City Council in matters pertaining to solid waste
• management, including but not limited to solid waste collection, curbside recycling and other
waste diversion activities and services as appropriate, and related administration, complaints,
and problems.
Develop and recommend to the City Council for consideration policies and regulatory
procedures regarding said services and activities.
• Make periodic surveys regarding said services and related rates, ascertain the needs of the
public for said services, and develop recommendations by which said services may be
improved.
• Make periodic appraisals of the effectiveness of said services.
• Perform such other duties and responsibilities as may be required.
ARTICLE 12 - ROBERTS RULES OF ORDER
In all matters not otherwise provided in these Bylaws, the proceedings of the Board shall be
governed by the latest edition of "Roberts Rules of Order", provided, however, no ordinance,
resolution, proceeding, or other action of the City Council pertaining to the Board shall be
invalidated or the legality thereof otherwise affected by the failure or omission of the Board to
observe or follow said rules.
• ARTICLE 13 - AMENDMENTS TO BYLAWS
All amendments to these bylaws shall be approved by the City Council.
PASSED AND ADOPTED by the Franchise Advisory Board at a regular meeting thereof
held on July 27, 1993, by the following vote:
AYES: Cahill, Doubledee, McDougle, Olson
NOES: None
ABSENT: Bates, Small
ABSTAIN: None
ATTEST:
MICHAEL C. UPTON, Administrative Assistant
0 MCU/LC:LYNN[ FABYLAWS
EXHIBIT A
INITIAL TERMS OF OFFICE FOR FRANCHISE ADVISORY BOARD
COMMENCING TUNE 1, 1993
MEMBERS TERM ENDING DECEMBER 31
Vacant 1994
Meredith Bates 1995
Bill Olson 1995
Robert McDougle 1996
Jeanne Small 1996
Tom Cahill 1997
Don Doubledee 1997
MCU/LC'LYNN# EFAB'CP.RMS
•
E
•
RESOLUTION NO. 77-93
A RESOLUTION RESCINDING RESOLUTION NO. 1-89 AND
RE-ESTABLISHING THE ORDER OF BUSINESS AT
CITY COUNCIL MEETINGS, AND SETTING CERTAIN RULES
OF PROCEDURE GOVERNING PUBLIC COMMENTS AND
COUNCILMEMBER ABSTENTIONS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Section 2.08.030 of the Morro Bay Municipal Code
provides the City Council may from time to time prescribe by
resolution the order in which the business of their meetings
shall be taken up; and
WHEREAS, Section 2.08.050 of the Morro Bay Municipal Code
permits the City Council to prescribe specific time limits for
persons addressing the City Council on City business matters; and
WHEREAS, it is necessary and prudent to establish certain
procedural rules for the efficient, effective and orderly conduct
of the business of the City during meetings of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, California as follows:
1. The City Council of the City of Morro Bay hereby finds the
above recitations are true and correct and constitute the
findings of the City Council in this matter.
2. Order of Business:
The order of business of the City Council shall be taken up
in the following manner:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Roll Call
Moment of Silence
Pledge of Allegiance
Lighten Up
Mayor and Councilmembers
Public Comment Period
Reports and Announcements
Council Declaration of Future Agenda Items
Consent Calendar
Unfinished Business
New Business
Public Hearings, Reports
Closed Sessions
Adjournment
and Appearances
Resolution No. 77-93
Page Two
3. Addressing the City Council:
Any person wishing to address the City Council will be given
the opportunity to do so in accordance with the following
procedures:
A. Persons wishing to address the City Council on an item
which appears on the Agenda under Public Hearings. Reports
and Appearances shall wait until the matter is announced for
consideration and opened to the public, at which time they
may address the City Council on that particular item.
Public Hearings Reports and Appearances will be commenced
by the city Council at a time no later than (approximately)
7:30 p.m. To fulfill this procedure, it is recognized and
accepted that Agenda items listed previous to Public
Hearings may be delayed for action until the City Council
concludes the Public Hearings section. It may also be
necessary to temporarily interrupt the discussion of an
Unfinished Business or New Business topic to proceed to
Public Hearings at or near 7:30 p.m.
• Public Hearings Reports and Appearances may begin earlier
than 7:30 p.m. if the City Council has dispensed with all of
the earlier items listed on the Agenda.
B. Persons wishing to address the City Council on an item
which appears on the Agenda under Consent Calendar,
Unfinished Business, New Business, Closed Session, or
wishing to offer comments on unagendized City business shall
wait until the Public Comment Period is announced for
consideration, at which time they may address the City
Council on those particular items.
C. Each person addressing the Council shall come forward
to the public microphone, shall give his/her name and
address for the record, and shall limit their comments to a
three (3) minute time period.
D. All remarks should be addressed to the Council as a
body, and not to any individual member thereof. Questions
of Councilmembers or staff shall be asked through the Mayor
as presiding officer. The Mayor may limit or end any
commentary that is not germane to the business at hand,
redundant, or that is scurrilous, abusive, or not in accord
with good decorum and order.
• Resolution No. 77-93
Page Three
E. Persons present at Council meetings should avoid
interrupting, applauding, or otherwise expressing disruptive
approval or disapproval of any statements made or actions
taken at such meetings. Any person who continues to violate
these rules after warning by the Mayor may be ejected for
the remainder of the meeting then in progress.
4. Abstentions/Failure to Vote:
Every member of the City Council present at a meeting when a
question is put shall vote unless the member abstains from
participation therein because of a conflict of interest or the
appearance of conflict of interest or unless (s)he is otherwise
prohibited by law from participation.
Any member abstaining on grounds of conflict or appearance
of conflict of interest must so declare at the time the Agenda
item is called, and then shall remove himself/herself from the
City Council dais until deliberation and vote on the specific
question is completed.
Failure or refusal to vote by a member of the City Council
• when present, except for a declared conflict or appearance of
conflict of interest, shall be recorded with the majority vote.
5. Suspension of Rules:
The rules prescribed herein shall not be dispensed with or
suspended unless a majority of the members of the City Council
present consent by voting thereto. No rule of procedure or order
of business herein shall be amended or repealed without notice
given and resolution adopted at a subsequent meeting.
6. Resolution No. 1-89 is hereby rescinded and any other
resolutions in conflict herewith are superceded by this
Resolution.
PASSED AND ADOPTED by the Morro Bay City Council at a
regular meeting thereof held on the 9th day of August, 1993 on
the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
YATES,
ATTEST:
B IDGE DAVIS, City Clerk
RESOLUTION NO. 76-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY ESTABLISHING COMMUNITY DEVELOPMENT
DEPARTMENT AND FIRE DEPARTMENT RATE SCHEDULES
FOR FISCAL YEAR 1993-94
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council finds that fees and charges for City services are in
need of updating to reflect changes in the cost of living; and
WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides
that proceeds from regulatory licenses, user charges, and user fees which do not
exceed the cost of providing the regulation, product or service do not constitute
"proceeds of taxes"; and
WHEREAS, the City has reviewed its fees, taking into account the annual
changes in personnel costs, supply costs, and other costs and finds that the proposed
revised fees are in all cases no more than the actual costs of providing the related
service;
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council
does hereby approve and adopt the Fiscal Year 1993-94 Community Development
and Fire Departments Rate Schedules and will become effective August 10, 1993.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held thereof this 9th day of August, 1993, by the
following roll call vote:
AYES: Crotzer, Mullen, Unger, and Yates
NOES: Luna
ABSENT: None
ATTEST:
IIDGET-I,C-�,
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44
RESOLUTION NO. 75-93
RESOLUTION ACCEPTING OFFER OF DEDICATION OF RIGHT-OF-WAY ON
EMBARCADERO ROAD AND FRONT STREET NORTH OF AND ADJACENT TO
HARBOR STREET
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the owner of Parcel 33 of Parcel Map MB68-30, recorded on October 10,
1968 in Book 3 of Parcel Maps, page 10, has offered for dedication portions of said parcel 33 for
public street purposes; and
WHEREAS, said offer is further delineated on the attached Exhibits "A" and "B'; and
WHEREAS, it is in the interest of public welfare that said offer be accepted on behalf of
the public.; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay,
California that the referenced Offer of Dedication is hereby accepted; and
BE IT FURTHER RESOLVED, the City Clerk is hereby authorized and directed to cause
the recordation of appropriate documents at the office of the San Luis Obispo County Recorders
Office.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the 9th day of August, 1993, by the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ABSTAIN: None
WILLIAM YATES,
ATTEST:
4BGETrDAVIS, City Clerk
0 dr:vacharb
•
WILSON LAND SURVEYS
6715 MORRO ROAD ATASCADERO, CALIFORNIA 93422 (805) 466-2445
EXHIBIT "A"
Parcel 1
That portion of land in the Town of Morro Bay, County of San Luis
Obispo State of California, described as follows:
Beginning at the most westerly corner of the property conveyed to A.M.
Brown by deed recorded March 1, 1930 in Book 82 of Official Records at
Page 224 in the Recorder's Office of said County and State said corner
also being the most westerly corner of Parcel 33 of Parcel Map MB 68-30
as shown on the map recorded October 10, 1968 in Book 3 of Parcel Maps
at Page 10, records of said County, said point also being a 1" iron
pipe tagged RCS 8977; thence along the easterly right of way of
Embarcadero Road as shown on said map South 28o44'35" East (South
28029'02" East record) a distance of 52.06 feet to the most southerly
corner of said Parcel 33; thence North 25031'07" Nest a distance of
51.30 feet to the northerly line of said parcel conveyed to A.M. Brown;
thence along the northerly line of said parcel South 77934'29" Nest a
distance of 3.01 feet to the point of beginning.
Parcel 2
That portion of land in the Town of Morro Bay, County of San Luis
Obispo, State of California, described as follows:
Beginning at the most westerly corner of the property conveyed to A.M.
Brawn by deed recorded March 1, 1930 in Book 82 of official Records at
Page 224 in the Recorder's Office of said County and State said corner
also being the most westerly corner of Parcel 33 of Parcel Map MB 68-30
as shown on the map recorded October 10, 1968 in Book 3 of Parcel Maps
at Page 10, records of said County, said point also being a 1" iron
pipe tagged RCE 8977; thence along the northerly line of said parcel
conveyed to A.M. Brown North 77.34'29" East (North 77050'05" East
record) a distance of 81.12 feet to the most northerly corner of said
Parcel 33 being a nail and tag marked RCE 8977 and being the true point
of beginning; thence along the westerly right of way of Front street as
shown on said map South 22.51'58" East a distance of 21.06 feet; thence
South 10 59'28" East a distance of 28.52 feet to the most easterly
corner of said Parcel 33; thence along the southerly line of said
Parcel 33 South 77035'59" Neat a distance of 3.00 feet; thence leaving
said southerly line North 10 59'28" Nest a distance of 29.18 feet;
thence North 22951'58" Nest a distance of 22.21 feet to the northerly
line of said A.M.Brown parcel; thence along erly line North
77034'29" East a distance of 3.05 feet tota ,.tN it= of beginning.
The attached sketch labeled Exhibit "B"
lines of this description.
used $W�trace the
No. 5571
Kenneth D. Nilson LS 5571 RXP 9-30-93
•
•
0
WILSON LAND SURVEYS
6715 MORRO ROAD ATASCADERO, CALIFORNIA 93422
EXHIBIT "A"
(805) 466 2445
That portion of land in the Town of Morro Bay, County of San Luis
Obispo, State of California, described as follows:
Beginning at the most westerly
Brown by deed recorded March 1,
Page 224 in the Recorder's Offi
also being the most westerly corner
as shown on the map recorded Octobe
at Page 10, records of said County,
pipe tagged RCE 8977; thence along
Embarcadero Road as shown on said
28029'02" East record) a distance o
corner of said Parcel 33 being the
along the northerly right of way of
Street) as shown on said map North
feet; thence leaving said northerly
distance of 1.87 feet to the beginn
northwest having a radius of 3.00 f
curve through a central angle of 92
4.85 feet; thence South 77035'59" W
beginning of a curve concave to the
feet; thence northwesterly along sa
73039'26" and along an arc length
West a distance of 2.96 feet to the
corner
1930
ce of
of the property conveyed to A.M.
in Book 82 of Official Records at
said County and State said corner
of Parcel 33 of Parcel Map MB 68-30
r 10, 1968 in Book 3 of Parcel Maps
said point also being a 1" iron
the easterly right of way of
map South 28044'35" East (South
f 52.06 feet to the most southerly
true point of beginning; thence
Harbor Street (formerly Sixth
77035'59" East a distance of 68.73
right of way South 14059'28" East a
ing of a curve concave to the
eet; thence southwesterly along said
035'27" and along an arc length of
est a distance of 62.11 feet to the
northeast having a radius of 3.00
id curve through a central angle of
of 3.86 feet; thence North 28044'35"
true point of beginning.
The attached sketch labeled Exhibit "B" is to be used to retrace the
lines of this description.
Z .aa` r Gem
Kenneth D. Wilson LS 5571 EXP 9-30-93
%FC;EiVEL
G► llt F -1993
OFPT OF PU6LIC WORK:
CITY OF MORRO BAY
EXHIBIT "B"
71
FXP 9-30-93
MAP OF AN ABANDONMENT OVER A PORTION OF
PARCEL 33 OF PARCEL MAP MB 68-30
CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, CALIFORNIA
SCALE 1"=10' SHEET 1 OF 1 JUNE 1993.
EXHIBIT "B"
Em TIL40N L4 6571 FD 1" IP
I O RCE 8977
3PM10
8715 MOM 80 S 806-466-2445 '�p 52 pfi
ATASCA9 JZ0, CA 805-466-08f2 FAR
EMB P 51 30
e.kk�5
N2 3.01
0T"E
5253�
k�
f PARCEL 1
OFFER OF DEDICATION
J
ABANDONMENT AREA J
W
I �
N NORTHERLY LINE OF--- — `— r<i
82 OR 224
�
I
lc
I
t
I
PARCEL 33 OF
� I
W I
PARCEL__ MAP MB 68-30
I
I N
m '
m '
J_
I �
OFFER OF DEDICATION
PARCEL 2
I 3.05'
I
I
I
22 21'
_. I 1122 51, 58" W
1 N14-59'28"W 28'18 2186• j
Sj251,59"E I
—. S14'59'28"E 28.52' FD NAIL & TAG
RCE 8977
'( -{
S 1 RFEE 1
N 7 p T
�R FR N
3.0059"E
KENNETH D. WILSON LS 5571
EXP 9-30-93
MAP OF AN OFFER OF DEDICATION OVER A PORTION OF
PARCEL 33 OF PARCEL MAP MB 68-30
CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, CALIFORNIA
SCALE 1"=10' SHEET i OF 1 JUNE 1993
• RESOLUTION NO. 74-93
RESOLUTION VACATING A FIVE-FOOT WIDE PORTION OF HARBOR STREET
BETWEEN EMBARCADERO ROAD AND FRONT STREET
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the owner of Parcel 33 of Parcel Map MB68-30, recorded on October 10,
1968 in Book 3 of Parcel Maps, Page 10, has requested the City vacate a five-foot strip of Harbor
Street right-of-way adjacent to said Parcel 33; and
WHEREAS, the vacation request is further delineated on the attached Exhibits "A" and
"B"; and
WHEREAS, pursuant to Chapter 3, General Vacation Procedure, Section 8320 et seq., of
the State of California Streets and Highways Code, a resolution of intention to vacate was
adopted by the Morro Bay City Council on July 12, 1993; and
• WHEREAS, Publication Notice and Posting Notice were duly performed; and
WHEREAS, the Morro Bay City Council held a Public Hearing on the matter at its
regularly scheduled meeting of August 9, 1993 ; and
WHEREAS, it has been determined that through the removal and relocation of a fire
hydrant and associated piping and appurtenances the five-foot wide portion of Harbor Street
right-of-way can be appropriately declared to be unnecessary for prospective public use.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay,
California that the owner of said Parcel 33 shall perform any and all items of work required to
relocate said fire hydrant and appurtenances to a location and in accordance with specifications
directed by the City Engineer, City of Morro Bay; and
BE IT FURTHER RESOLVED, that at such time the City Engineer determines said
relocation to have been appropriately performed, the strip of Harbor Street right-of-way described
on the attached Exhibits "A" and "B" shall be vacated as evidenced by recordation of this
Resolution at the office of the San Luis Obispo County Recorder.
0
• PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the 9th day of August, 1993, by the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
BRIDa:FT AVIS, City Clerk
dr:vacbarb
C ]
•
RESOLUTION NO. 73-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY IN
OPPOSITION OF THE CALIFORNIA STATE ASSEMBLY BILL AB 51
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, The City Council of the City of Morro Bay
believes that the State of California imposes too many controls
and limitations on cities and counties, and that "Home Rule" is
constantly being eroded by the State; and
WHEREAS, Proposed and existing housing mandates are
examples of what we believe to be excessive impositions of
control by the State; and
WHEREAS, The City Council of the City of Morro Bay requests
that the State Assembly drop efforts to add more local housing
mandates and begin looking for ways to reduce laws which impose
restriction or added obligations on cities and counties.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Morro Bay, California, does hereby request that the
. Senate and Legislature of the State of California vote No on
Assembly Bill AP 51.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay, on the 9th day of August, 1993, by the
following vote to wit:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
BRIDGE DAVIS, City Clerk
L
RESOLUTION NO. 72-93
• CITY POLICY REGARDING SUPPORT OF HARBOR FESTIVAL INC.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Harbor Festival Inc. is a non-profit corporation managed by a volunteer
Board of Directors dedicated to successful presentation of the annual Harbor Festival in
Morro Bay the first weekend of October every year, and;
WHEREAS, The Harbor Festival is a unique community event that highlights the
commercial fishing industry in Morro Bay while drawing over 40,000 people in 1992, and;
WHEREAS, Harbor Festival Inc. developed $60,000 in multi -media promotional material
on the Festival in 1992 which benefits and enhances business in the City of Morro Bay,
and;
WHEREAS, the City of Morro Bay nurtured the development of the Festival in its
beginning and assisted with a group of community volunteers in the non-profit
incorporation of the Festival in 1988 and, under an agreement which will expire in June
1994, has been a major monetary sponsor for the past four years, and;
WHEREAS, through the hard work and dedication of the Harbor Festival Coordinator and
the various volunteers of Harbor Festival Inc. the Festival has become a self-sustaining
non-profit enterprise which distributes=$15,000 annually to community non-profit groups,
:nd;
WHEREAS, the City would like to set a policy for the future relationship with the
Harbor Festival Inc. for the mutual benefit of both parties.
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
1. EXISTING AGREEMENT: In compliance with the agreement dated July 25, 1990 which will
expire on June 30, 1994 the City shall provide sponsorship money to the Harbor Festival of
$6,250 in calendar year 1993 paid from the City Harbor Fund. That existing agreement
dated July 25, 1990 shall expire on June 30, 1994 and thereafter the City shall no longer
make monetary donations to the Harbor Festival Inc. The City shall continue to provide
logistic support and participate in the Festival but, it shall be the responsibility of
the Harbor Festival Inc. to employ adequate personnel and equipment to plan, set up,
operate, disassemble and clean up the two day Festival at the cost of the Harbor Festival
Inc.
2. FUTURE CITY SUPPORT TO THE HARBOR FESTIVAL: The City desires to maintain a
partnership with the Harbor Festival Inc. through non -monetary support of the Festival.
In addition, the City desires to participate in the Festival through special events or
Department activities within a limited budget.
A. Logistic Support: It shall be the policy of the City to provide support to the
Harbor Festival through the limited assistance of City employees and through the
loan of City equipment and material as deemed appropriate by the head of each City
. Department. Such logistic support shall be provided to the Harbor Festival at no
cost with the exception of lost, stolen or damaged materials or equipment. During
the Festival period City crews may assist in special tasks during normal working
hours when it is determined that City crews can most efficiently conduct such work
and that such work can be done without negatively impacting other City work efforts.
Designated City personnel may spend time on organizational activities of the
Festival throughout the year as deemed appropriate by the City Administrator.
B. City Participation: It shall be the policy of the City to promote and
communicate the role and services of the City by encouraging each Department and
City Council member to participate in the Harbor Festival; including work on event
activities or booths sponsored by a Department for the week prior to and during the
festival. The City shall make available $2,000 in the Harbor Fund business
promotion budget to be spent on materials and supplies for such activities as
allocated by the City Administrator. Employees and Council members are encouraged
to volunteer time for such activities, but Departments may use normal working hours
the week of the Festival as time and staffing allow to work on these activities.
Employee costs for these discretionary activities shall be incurred by the
Department and therefor will be limited by normal work priorities as determined by
the Department Head.
3. REIMBURSEMENT FOR LOST, STOLEN OR DAMAGED EQUIPMENT OR MATERIALS. City Departments
may loan equipment or materials to the Harbor Festival Inc. as approved by each Department
head however, the Harbor Festival Inc. shall reimburse the City for any lost, stolen or
damaged material and equipment within 30 days of completion of the Festival.
4. HARBOR FESTIVAL INC. TO COMPLY WITH EXISTING RULES AND REGULATIONS: It is understood
that this resolution does not relieve Harbor Festival Inc. from any City, County, State or
Federal rules and regulations and that at a minimum Harbor Festival Inc. shall apply for
and receive City Council approval of a special events permit for the Festival each year.
kLIABILITY INSURANCE: Harbor Festival Inc. shall also provide City with a general
liability insurance policy endorsement with not less than $1 million coverage limits from
an acceptable insurance company covering any and all activities under the special events
permit at the cost of the Harbor Festival Inc.
6. POLICY REVIEW: This policy shall be reviewed at least every five years and the City
Council directs the Recreation Department staff to prepare a comprehensive review of this
policy and propose any necessary revisions prior to July 1, 1998.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held thereof on the 9th day of August, 1993, by the following vote:
AYES: Crotzer,
WOES: None
ABSENT: None
Luna, Mullen, Unger, and Yates
BRIDGETT OVIS, CITY CLERK
0
. RESOLIIT=�N NO- 71-93
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA, RELATING TO
THE CLASSIFICATION, COMPENSATION, AND
TERMS OF EMPLOYMENT OF CONFIDENTIAL
EMPLOYEES OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California
Government Code Sections 3500 et. seq. and Resolution 74-69 of
the City of Morro Bay the City's representatives have met and
conferred in good faith pertaining to the subject of wages, bene-
fits, and conditions of employment with the Morro Bay Confiden-
tial Employees; and
WHEREAS, the meetings between the Morro Bay Confidential
Employees and the City had resulted in a mutual agreement and
understanding to recommend that the employees represented by the
Morro Bay Confidential Employees accept all of the terms and con-
ditions as set forth in a Memorandum of Understanding, an agree-
ment attached and made a part of this resolution herewith; and
• WHEREAS, the City now desires to provide said changes in
benefits to said Confidential employees of the City of Morro Bay;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby approve and adopt in full the Memo-
randum of Understanding as attached and made a part of this reso-
lution herewith.
PASSED AND ADOPTED by the City Council of Morro Bay at a
regular meeting thereof held this 9th day of August 1993, by the
following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
C
. BRIDGET DAVIS� Clerk
• MEMORANDUM OF UNDERSTANDING
BETWEEN THE CONFIDENTIAL EMPLOYEES
AND THE CITY OF MORRO BAY
ARTICLE 1 - TERM
The term of this agreement commences on 1 July 1993 and expires and is
otherwise fully terminated on 30 June 1994.
FAVIa
CITY retains all rights not specifically delegated by this agreement
including, but not limited to, the exclusive right to determine the
mission of its constituent departments; set standards of service;
determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action for proper
cause; relieve its employees from duty because of lack of work or for
other legitimate reasons; maintain the efficiency of governmental
operations; determine the methods, means, and personnel by which gov-
ernmental operations are to be conducted; determine the content of job
classifications, take all necessary actions to carry out its mission
in emergencies and exercise control and discretion over its organiza-
tion and the technology of performing its work. The determination of
whether or not an emergency exists is solely within the discretion of
the City and is expressly excluded from the Grievance Procedure.
• ARTICLE 3 - ANTI -DISCRIMINATION
The CITY agrees it will not discriminate against confidential employ-
ees for the exercise of their rights under the State of California
Government Code Section 3502.
ARTICLE 4 - WORK SCHEDULE
4.1 This article is intended to define the normal hours of work and
shall not be construed as a guarantee of work per day or per
week, or of work per week.
4.2 WORKDAY: The normal workday shall be eight (8) hours of work in
a twenty-four (24) consecutive hour period, except in cases of
emergencies.
4.3 WORKSHIFT: Employees shall be scheduled to work on regular work -
shifts having regular starting and quitting times. Except for
emergencies, employees' workshifts shall not be changed without
prior notice to the employee. Callout or overtime does not con-
stitute a change in workshift.
4.4 WORKWEEK: The normal workweek shall be five (5) workdays and two
(2) consecutive days of rest in a seven (7) consecutive day
• period, except in cases of emergencies, or at the specific
request of an employee and approval of department head. Nothing
1
•
•
herein shall be construed to eliminate currently established
irregular work schedules.
4.5 EMERGENCIES: Nothing herein shall be construed to limit or
restrict the authority of management to make temporary assign-
ments to different or additional locations, shifts, or duties for
the purpose of meeting an emergency. Such emergency assignments
shall not extend beyond the period of said emergency.
ARTICLE 5 - SALARIES
5.1 The parties agree that Confidential employees shall receive a
four percent (4%) salary increase effective 03 July 1993 as
follows:
Executive Secretary/ $26,548-$33,087
City Clerk
Secretary/Deputy
City Clerk
$22,379-$27,890
Account Clerk II $21,786-$27,305
5.2 The CITY agrees to continue a plan whereby the CITY will con-
tribute seven percent (7%) of an employee's salary on behalf of
the employee to the Public Employees' Retirement System (PERS).
These amounts paid by the CITY are employee contributions and are
paid by the CITY to satisfy the employee's obligation to con-
tribute seven percent (7%) of salary to PERS. An employee has no
option to receive the contributed amounts directly instead of
having them paid by the CITY to PERS on behalf of the employee.
The employees bear the risk of payment of any increases in the
employee contributions above the current seven percent (7%) made
by action of the PERS or the state legislature.
5.3 It is understood and agreed to by the parties that the CITY
"pickup" of the employee's PERS contribution is made in lieu of a
wage increase. Therefore, in all comparisons made with other
agencies, seven percent (7%) of salaries will be added to the
salaries otherwise provided by the CITY to the employee, and then
comparisons will be made.
5.4 Parties agree that CITY payment of the seven percent (7%) PERS
contribution is made based upon tax treatment currently permitted
by the State Franchise Tax Board and the IRS. Should current tax
treatment change, the employee holds harmless the CITY, its offi-
cers and agents from any and all claims or costs of any type
including but not limited to liability for back taxes, arising
out of this agreement to pay seven percent (7%) of the employee's
PERS contribution. Should current tax treatment change, the
employees shall have the opportunity to meet and confer regarding
any such changes.
• 5.5 The CITY payment of seven percent (7%) of each employee's PERS
contribution shall be made bi-weekly through 30 June 1994 at
which time such payment shall terminate and CITY shall be permit-
ted to withhold the full amount of the then current sum of
employer contributions from employee's pay, unless the parties
agree on or before 30 June 1994 in a written memorandum of under-
standing to continue the CITY pickup of employee contributions.
ARTICLE 6 - MEDICAL INSURANCE
6.1 'HEALTH INSURANCE_
During the term of this Agreement, the City shall offer PERS
medical insurance plans.
6.1.1 Employees of this unit shall participate in the PERS medical
insurance plans on a cafeteria style basis, with the CITY
contributing a maximum of $16.00/month to the active
employee's medical insurance, and $1.00/month to Retiree
medical insurance. Any costs in excess of these contribu-
tion rates shall be paid by the employee and Retiree.
6.1.2 CITY shall pay to each active employee by each pay period
(subject to appropriate taxation) the sum of $407.00/month.
CITY and UNION agree that CITY payment of this lump sum is
based on favorable tax treatment by the IRS and the State
Franchise Tax Board. Should the tax treatment change, the
• UNION and the employees hold harmless the CITY, its officers
and agents, including but not limited to, liability for back
taxes, arising out of this Agreement to pay such lump sum.
6.2 DENTAL AND VISION INSURANCE
During the term of this Agreement, the City shall offer dental
and vision insurance and each employee shall be required to carry
both dental and vision insurance for self. CITY agrees to main-
tain at least the current level of benefits for dental and vision
insurance unless during the term of the Agreement the Employee
Relations Committee recommends an alternative carrier and the
recommendation is accepted by the City Council.
6.3 Effective 1 July 1993, the employees shall pay the following
monthly premium rates for dental and vision insurance:
VISION DEN TOTALS
Employee Only $ 6.70 $25.27 $31.97
Employee +1 $13.25 $58.76 $72.01
Employee +2 $17.20 $58.76 $75.96
6.4 Any changes to the dental or vision premiums that occur during
the term of this Agreement shall be shared one half by the
employee and one half by the City.
• 6.5 Any coverage made available to future retirees beyond COBRA time
requirements shall be paid for by the retiree.
• ARTICLE 7 - EDUCATION INCENTIVES
7.1 CITY agrees to pay the following education incentives to perma-
nent employees who hold degrees above the minimum required in
their respective classifications:
A.
Associate of Arts Degree
- $450
annually
B.
Baccalaureate Degree -
$900
annually
7.2 Such incentive pay shall be paid bi-weekly to employees who hold
job related degrees as determined by the department head and Per-
sonnel Officer. Employees who are receiving such incentive on 30
June 1981 shall continue to receive such incentive as computed on
the preceding page for the term of this agreement.
7.3 If an employee is promoted to a classification that requires a
degree, the employee shall not receive any education incentive
pay for the required degree.
8.1 For the purpose of this agreement, the following days are the
holidays for the employees in this unit:
• Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
New Year's Day
Martin Luther King Jr., Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
Floating Holiday
Floating Holiday
July 4
1st Monday in Sept.
November 11
4th Thursday in Nov.
Friday after Thanksgiving
December 25
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
Varies
Varies
8.2 It is agreed that when a holiday is proclaimed by the Mayor of
the CITY, then each employee shall be granted time -off in the
same number of equivalent work hours.
ARTICLE 9 - VACATION LEAVE
9.1 During the term of this agreement, paid vacation leave shall be
earned at the rate contained in the Personnel Rules and Regula-
tions on a bi-weekly basis.
9.2 There is no limit on the amount of unused vacation leave hours
. that may be accumulated by members of this unit.
4
• 9.3 Upon termination of employment with the CITY, a member of this
unit shall receive pay for his/her current vacation leave balance
up to a maximum of the employee's annual entitlement at his/her
current base hourly rate.
9.4 This section does not preclude any additional entitlement the
employee may receive under 9.3 of this article.
ARTICLE 10 - ADMINISTRATIVE LEAVE
10.1'Each member of the unit is eligible to earn sixteen (16) hours of
administrative leave per fiscal year. The time during the fiscal
year at which an employee may take administrative leave shall be
determined by their department head with regard for the wishes of
the employee and particular regard for the needs of the services.
10.2 No administrative leave may be accumulated for use in a following
fiscal year, except upon prior approval of the City Administra-
tor. Unused administrative leave may not be cashed -out upon ter-
mination with the CITY.
11.1 During the term of this agreement, sick leave shall be earned at
the rate of one (1) eight -hour workday for each calendar month of
service. There shall be no maximum to the amount of sick leave
• that an employee may accumulate.
Upon the service retirement of an employee who has more than ten
(10) years of service with the CITY, said employee shall be enti-
tled to receive payment for up to the first ninety (90) days of
his/her accrued sick leave at twenty-five (25%) of the employee's
rate of pay as of the date of service retirement.
Service retirement is defined as service retirement from both the
CITY and the respective retirement system thereof.
11.2 WELLNESS INCENTIVE
11.2.1 If the unit average sick leave utilization is reduced by 10%
during FY 91-92, then any unit member who used three (3) or
fewer sick leave days during FY 92-93 may convert up to
twelve (12) sick leave days to vacation leave at the ratio
of 3 sick leave days to 1 vacation day.
An additional unit reduction in average sick leave use of 5%
in FY 91-92, for a total reduction of 15% from FY 92-93 sick
utilization level, will maintain this conversion program.
If the average sick leave utilization attained in FY 90-91
is maintained for FY 91-92, then the conversion program
• remains in effect for FY 92-93.
9
• 11.2.2 All employees in the unit will, at annual performance evalu-
ation time, have their blood pressure checked and a cardiac
monitor reading done by certified EMT-11's at the City Fire
Department.
Results of the test are submitted in confidence to the
employee, the evaluating supervisor, the department head,
and Personnel Officer, and reviewed for preliminary physical
conditioning recommendations.
ARTICLE 12 - OVERTIME -COMPENSATION
12.1 DEFINITION OF OVERTIME
12.1.1 All work required by the City and actually performed beyond
forty (40) hours worked in a workweek is defined as Fair
Labor Standards Act (FLSA) overtime. FLSA overtime shall be
compensated at one and one-half (1-1/2) times the employee's
regular rate of pay, and defined by FLSA.
12.1.2 All work required by the City and actually worked beyond
eight (8) hours in a workday but less than forty (40) hours
in a workweek is defined as non-FLSA overtime. Non-FLSA
overtime shall be compensated at the employee's regular rate
of pay.
• 12.2 COMPENSATORY TIME OFF (CTO)
12.2.1 At the employee's option, Compensatory Time Off may be taken
in lieu of cash payment for overtime.
12.2.2 CTO may be accrued. An employee's CTO balance shall indi-
cate the amount of CTO to be taken off. For example, if an
employee works two (2) hours of FLSA overtime and elects to
accrue CTO, the employee's CTO balance shall indicate three
(3) hours.
12.2.3 An employee's CTO balance shall not exceed a maximum of
forty (40) hours. If overtime is earned which would exceed
this limit, the excess shall be paid in cash.
12.2.4 FLSA overtime shall be accrued and taken at one and one-half
(1-1/2) times the amount of overtime actually worked. For
example, if an employee works two (2) hours FLSA overtime in
a workweek, the employee shall be entitled to either two (2)
hours FLSA overtime in a workweek, the employee shall be
entitled to either two (2) hours pay at one and one-half (1-
1/2) times the employee's regular rate of pay, or three (3)
hours of CTO.
12.2.5 Non-FLSA overtime shall be accrued and taken at the amount
• of time actually worked in excess of eight (8) hours each
workday. For example, if employee works two (2) hours non-
FLSA overtime in a workday, the employee shall be entitled
•
to two (2) hours pay at the regular rate of pay, or two (2)
hours of CTO.
12.2.6 Employees in this unit have the option of utilizing non-FLSA
overtime within the workweek it is earned, or having over-
time worked in that workweek applied to their CTO
accumulation.
12.2.7 All CTO requested by an employee shall be approved in
advance by the employee's Department Head.
CITY will pay current IRS rate per mile as reimbursement to members of
the Unit for all mileage they incur when on official business, pro-
vided there is no CITY car or other pool car available for CITY busi-
ness. Said reimbursement shall be subject to availability of funds in
the CITY budget and approval by the Department Head.
14.1 The City currently participates in the State of California Public
Employees' Retirement System (PERS, 2% at 60) for members of this
unit.
14.2 If the State Legislature adopts a two-tier PERS retirement pro-
gram applicable to unit members, then all unit members employed
after the effective date of such PERS changes shall be placed in
a new retirement plan or one selected by the City. Current em-
ployees at the time of plan adoption will have a one-time option
to enter the new plan; enrollment period to be selected by CITY.
� I i! � 14111411ON10,91
15.1 This Agreement sets forth the full and entire understanding of
the parties regarding the matters set forth herein, and any other
prior or existing understanding or agreements by the parties,
whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
15.2 It is agreed and understood that each party hereto voluntarily
and unqualifiedly waives its right to negotiate, and agrees that
the other party shall not be required to negotiate, with respect
to any matter covered herein.
15.3 No agreement, alteration, understanding, variation, waiver, or
modification of any of the terms or provisions contained herein
shall in any manner be binding upon the parties hereto unless
made and executed in writing by all parties hereto, and if
required, approved by the CITY and ratified by the members of
this unit.
7
• ARTICLE 16 - NO STRIKE. NO LOCK -OUT
16.1 During the term of this agreement, the CITY will not lock -out any
employees nor will the employees cause, authorize, advise or
encourage any interruption of work or any other concerted action.
The term "interruption of work" shall mean any work stoppage or
strike (including economic and unfair labor practice strikes) or
any intentional slowdown of work. The term "other concerted ac-
tion" includes picketing or boycott activities by the employees.
16.2`There shall be no refusal to work on, handle or produce any mate-
rials or equipment because of a labor dispute.
16.3 Any employee engaging in any action prohibited by this Article
Shall be subject to immediate discharge or such other discipline
as the CITY may assess. Such discharge or discipline shall not
be reviewable through the Grievance Procedure.
S z.
If any provision(s) are held to be contrary to law by a court of com-
petent jurisdiction, such provision(s) will not be deemed valid and
subsisting except to the extent permitted by law, but all other provi-
sions will continue in full force and effect.
• Confidential Employees Unit
Bridgett Davis
Susan L. Parks
City of Morro Bay
Forrest W. Henderson
Ardith Davis
91
. RE SOLUT = ON NO _ 7 O — 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
RELATING TO THE CLASSIFICATION, COMPENSATION,
AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES OF
THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California Gov-
ernment Code Section 3500 et. seq. and Resolution No. 74-69 of the
City of Morro Bay, the City's representatives have met and conferred
in good faith pertaining to the subject of wages, benefits, and condi-
tions of employment with the Morro Bay Peace Officers' Association;
and
WHEREAS, the meeting between the Morro Bay Peace Officers' Asso-
ciation and the City has resulted in a mutual agreement and under-
standing to recommend that the employees represented by the Morro Bay
Peace Officer's Association accept all of the terms and conditions as
set forth in a Memorandum of Understanding, an agreement attached and
made a part of this resolution herewith; and
•WHEREAS, the City now desires to provide said salaries, benefits,
and conditions to said police employees of the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council
does hereby approve and adopt in full the Memorandum of Understanding
as attached and made a part of this resolution herewith.
PASSED AND ADOPTED by the City Council of Morro Bay at a regular
meeting thereof held this 9th day of August, 1993, by the following
vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None { \ % n A k
WILLIAM YATES,
ATTEST:
BRIDGET AVIS, City Clerk
•
. MEMORANDUM OF UNDERSTANDING
BETWEEN THE MORRO BAY PEACE OFFICERS' ASSOCIATION
AND THE CITY OF MORRO BAY
ARTICLE 1 - PURPOSE
1.1 WHEREAS, the City of Morro Bay is a municipal corporation
existing under the laws of the State of California as a gen-
eral law city; and
1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds
are concerned, because of a fixed tax rate; and in structure
because it is a public entity rather than a profit -making
business; and
1.3 WHEREAS, the Morro Bay Peace Officers' Association and the
City of Morro Bay recognize that the mission and the purpose
of the City is to provide for high -quality and economical
municipal services and facilities to the residents of the
City of Morro Bay.
1.4 THEREFORE, this Memorandum of Understanding is entered into
as of 1 July 1993 between the City of Morro Bay, referred to
as CITY and the Morro Bay Peace Officers' Association,
referred to as ASSOCIATION.
• 1.5 It is the intent and purpose of this memorandum to assure
sound and mutually beneficial working and economic relations
and conditions between the parties hereto; to provide for an
orderly and peaceable method and manner of resolving any
differences which may arise; and to negotiate any misunder-
standing which could arise, and to set forth herein the
basic and full agreement between the parties concerning the
pay wage, hours of employment, and other terms and condi-
tions of employment.
ARTICLE 2 - TERN
Except as otherwise provided herein, the term of this agreement
Commences 1 July 1993 and expires and is otherwise fully termi-
nated on 30 June 1994.
ARTICLE 3 - RENEGOTIATIONS
3.1 In the event either party wants to renegotiate a successor
Agreement, such party shall serve upon the other during the
period 1 February to 15 April 1994, its written request to
begin negotiations as well as its full and entire written
proposals amending this Agreement.
• 3.2 The parties agree that, except by mutual agreement, no new
subjects may be introduced into the process after the third
(3rd) negotiations meeting.
1
• 3.3 Upon receipt of such written notice and proposals negotia-
tions shall begin no later than thirty (30) days after such
receipt or 15 April 1994 whichever is later.
•
ARTICLE 4 - RECOGNITION
Pursuant to Resolution No. 74-69, the Employer -Employee Relations
Resolution of the City of Morro Bay and applicable state law, the
Morro Bay Peace Officers' Association, (hereafter "ASSOCIATION")
was designated by the City of Morro Bay (hereafter "CITY") City
Council as the representative of City employees in the Law
Enforcement Unit (hereafter "UNIT"). The term "employee" or
"employees" as used herein shall refer only to employees employed
by CITY in the employer classification comprising said unit as
listed in ARTICLE 11 - SALARIES.
ARTICLE 5 - AUTHORIZED AGENTS
5.1 For the express purpose of administering the terms and pro-
visions of this agreement:
5.1.1 Management's principal authorized agent shall be the
City Administrator, or his/her duly authorized repre-
sentative (address: 595 Harbor Street, Morro Bay, CA
93442; telephone (805) 772-6200, except where a partic-
ular management representative is specifically desig-
nated in the agreement.
5.1.2 The Morro Bay Peace Officers' Association principal
authorized representative shall be the President of the
Association, or his/her duly authorized representative.
ARTICLE 6 - MANAGEMENT
The CITY retains all rights not specifically delegated by this
agreement including but not limited to the exclusive right to
determine the mission of its constituent departments; set stan-
dards of service; determine the procedures and standards of
selection for employment and promotion; direct its employees;
take disciplinary action for proper cause; relieve its employees
from duty because of lack of work or for other legitimate rea-
sons; maintain the efficiency of governmental operations; deter-
mine the methods, means and personnel by which governmental oper-
ations are to be conducted; determine the content of job classi-
fications; take all necessary actions to carry out its mission in
emergencies and exercise control and direction over its organiza-
tion and the technology of performing its work. The determina-
tion of whether or not an emergency exists is solely within the
discretion of the CITY and is expressly excluded from the
grievance procedure, notwithstanding Article 10, WORK SCHEDULE.
F
ARTICLE 7 - ANTI -DISCRIMINATION
The CITY and ASSOCIATION mutually agree they will not discrimi-
nate against employees for the exercise of their rights under the
State of California Government Code Section 3502.
ARTICLE 8 - ASSOCIATION BUSINESS
8.1 RELEASE TIME FOR MEET AND CONFER
8.1.1 Employee representatives designated by the ASSOCIATION
shall be granted time -off, without loss of pay, to
attend "meet and confer" sessions with the Municipal
Employee Relations Officer and/or his designees on
subjects within the scope of representation when such
meetings are scheduled during regular working hours.
It is understood that this time -off provision shall
only apply to a maximum of two employees attending any
one meeting between CITY and ASSOCIATION. Where excep-
tional circumstances warrant, the City Administrator
may approve the attendance at such meeting of addi-
tional employee representatives. The ASSOCIATION
shall, whenever practicable, submit the names of all
employee representatives to the Municipal Employee
Relations Officer at least two working days in advance
of such meetings. Provided further (1) that no
• employee representative shall leave his or her duty or
work station or assignment without specific approval of
the department head or other authorized City management
official; and (2) that any such meeting is subject to
scheduling by City management in a manner consistent
with operating needs and work schedules.
8.1.2 Nothing provided herein shall limit or restrict City
management from scheduling such meetings before or
after regular City or work hours.
ARTICLE 9 - WITHHOLDING OF ASSOCIATION DUES AND INSURANC
9.1 It is agreed that CITY will withhold ASSOCIATION dues and
ASSOCIATION group insurance premiums from the monthly pay of
each permanent CITY employee who is a member of the ASSOCIA-
TION. ASSOCIATION agrees to provide CITY with individual
ASSOCIATION member authorizations signed by the individual
ASSOCIATION member authorizing CITY to make agreed deduc-
tions; specifying the amount of each deduction; and autho-
rizing CITY to issue a check, payable to ASSOCIATION, for
the collective amount of the individual deductions. CITY
does not accept responsibility for computing the amounts of
deductions or for meeting payment dates which may not coin-
cide with established pay periods. CITY will issue a single
check to the ASSOCIATION for the total amount of deductions
withheld from the individual Police Officer's pay. The
3
. ASSOCIATION will be responsible for the accounting and dis-
bursing of all such funds received from CITY. ASSOCIATION
will be responsible for properly notifying CITY of any
changes in deductions and will be the sole agent through
which CITY will act in explaining, initiating, executing, or
terminating the provisions of this Article. Such notifica-
tion must be received by the CITY at least two weeks prior
to the effective date of the change. Also, such change
notice must include a copy of the notice sent to the employ-
ees officially telling them of the change.
9.2 All Association members on payroll deduction for payment of
Association dues on the day of signing of this Memorandum of
Understanding must remain on payroll deduction for the life
of the Agreement or so long as they remain members of the
Bargaining Unit. Association members who establish payroll
dues deduction during the term of this Memorandum of Under-
standing must remain on payroll deduction for the life of
this Memorandum or so long as they remain members of the
Bargaining Unit. Association members on dues payroll deduc-
tion may terminate such Association dues during the period
of December 15-31 by notifying both the Association and the
City Personnel Department of their termination of Associa-
tion dues deduction. Such notification shall be in the form
of a letter containing the following information: Employee
name, job classification, and department name.
• 9.3 ASSOCIATION shall indemnify and save harmless the City of
Morro Bay, it's officers, agents, and employees from any and
all claims, demands, damages, costs, expenses, or liability
arising out of this article.
ARTICLE 10 - WORK SCHEDULE
10.1 NON SWORN PERSONNEL
10.1.1 NORMAL HOURS
This article is intended to define the normal hours
of work and shall not be construed as a guarantee of
work per day or per week, or of days of work per week.
10.1.2 WORKDAY
The normal workday shall be eight (8) hours of
work in a twenty-four (24) consecutive hour period,
except in cases of emergencies.
10.1.3 WORKSHIFT
Employees shall be scheduled to work on regular work -
shifts having regular starting and quitting times.
Except for emergencies, employees' workshifts shall
not be changed without 24-hour prior written notice
. to the employee. Callout or overtime does not consti-
tute a change in workshift.
10.1.4 WORKWEEK
The normal workweek shall be five (5) workdays and two
(2) days of rest in a seven (7) consecutive day period,
except in cases of emergencies.
10.1.5 OVERTIME
Overtime is described as all work authorized by management
and actually worked by the employee in excess of forty
(40) hours worked in a workweek. Increments of less
than fifteen (15) minutes shall not be counted as overtime.
For the purpose of defining hours worked, vacation leave
and holiday leave shall be considered as time worked in
a workweek.
All overtime as defined above shall be paid at one and
one-half (1.5) times the employee's regular rate of pay.
NOTE: Hours spent in court under what used to be termed
"Court Appearance Pay" shall be considered and paid as part
of this article; except for the "minimum pay", which is now
covered under Special Pay Practices.
• 10.2 SWORN/DISPATCH PERSONNEL
Implementation of a nine (9) hour workday plan for sworn
personnel only as follows:
10.2.1 WORKDAY
The normal workday shall be nine (9) hours of work in a
twenty-four (24) consecutive hour period, except in cases of
emergencies. The lunch period shall be held as part of
the nine (9) hour workday.
10.2.2 WORK PERIOD
The normal work period shall be a fourteen (14) workday
period, comprised of eight nine (9) hour workdays and one
eight (8) hour workday as scheduled during the fourteen
(14) workday period, except in cases of emergencies.
10.2.3 OVERTIME
Overtime shall be all work authorized by management
and actually worked by the employee in excess of
eighty (80) hours worked in a work period. Increments
of less than fifteen (15) minutes shall not be counted
as overtime. For the purpose of defining hours
worked, vacation leave and holiday leave shall be
5
considered as time worked in a work period. Comp time
taken shall not count towards time worked for the pur-
poses of overtime. All overtime as defined herein,
shall be paid at one period. All overtime as defined
herein, shall be paid at one and one-half (1.5) times
the employee's regular rate of pay.
10.2.4 The implementation of this plan shall not incur any
City obligation to allocate additional sworn/dispatch
personnel, vehicles or equipment. All deployment of
sworn/dispatch personnel shall ensure effective
and efficient delivery of police protection to the
community sufficient to continue during times of
vacation, sick leave, and Department approved training.
10.2.5
The City of Morro Bay retains the right without
grievance or appeal to return to the five (5) day,
eight (8) hour schedule. The Morro Bay Peace Officers
Association expressly agrees to and does hereby waive
any and all claims or rights to grieve or appeal a Man-
agement decision to return to the five (5) day,
eight (8) hour schedule, and further agrees such deci-
sion is not within the purview of the Meyers-Milias-
Brown Act and is herewith acknowledged as a Management
Right. Were it not for this full waiver of rights, the
City of Morro Bay would not agree to said work
schedule.
10.3 ALL
PERSONNEL
10.3.1
COMPENSATORY TIME OFF (CTO)
At the employee's option, Compensatory Time Off may be
taken in lieu of cash payment for overtime.
10.3.2
CTO may be accrued. An employee's CTO balance shall
indicate the amount of CTO available for employee's
use. For example, if an employee works two (2) hours
of FLSA overtime and elects to accrue CTO, the
employee's CTO balance shall indicate three hours.
10.3.3 An employee's CTO balance shall not exceed a maximum
of twenty-four (24) hours. If overtime is earned
which would exceed this limit, the excess shall be paid
in cash.
10.3.4 FLSA overtime shall be accrued and taken at one and
one-half (1-1/2) times the amount of overtime actually
worked. For example, if an employee works two (2)
hours FLSA overtime in a work period, the employee
shall be entitled to either two (2) hours pay at one
and one-half (1-1/2) times the employee's regular rate
of pay, or three (3) hours of CTO.
11
• 10.3.5 Non-FLSA overtime shall be accrued and taken at regu-
lar rate of pay. For example, if an employee works
two (2) hours Non-FLSA overtime in a workday, the
employee shall be entitled to two ( 2 ) hours pay at
the regular rate of pay, or two (2) hours of CTO.
10.3.6 Employees in this unit have the option of utilizing
non-FLSA overtime within the work period it is
earned, or having overtime worked in that work
period applied to their CTO accumulation.
10.3.7 All CTO requested by an employee shall be approved in
advance by the employee's Department Head.
10.4
10.4.1 Nothing herein shall be construed to limit or restrict
the authority of management to make temporary assign-
ments to different or additional locations, shifts, or
duties for the purpose of meeting an emergency.
10.4.2 Such emergency assignments shall not extend beyond the
period of said emergency.
10.4.3 Short staffing caused solely by absences due to employ-
ees taking approved paid leave shall not be considered
• an emergency.
10.5 SHIFT ROTATION
Shift rotation shall coincide with the first day of the
closest pay period.
ARTICLE 11 - SALARIES
11.1 PERS CONTRIBUTION
11.1.1 The CITY shall continue a plan whereby the CITY shall
contribute up to seven (7) percent of an employee's
salary on behalf of the employee to the PERS.
11.1.2 The CITY contribution will be the employee's actual
PERS obligation to a maximum of seven (7) percent.
11.1.3 These amounts paid by the CITY are employee contribu-
tions and are paid by the CITY to partially satisfy the
employee's obligation to contribute to PERS.
11.1.4 An employee has no option to receive the contributed
amounts directly instead of having them paid by the
CITY to PERS on behalf of the employee.
• 11.1.5 The Union understands and agrees that employees bear
the risk of payment of any increases in the employee
Y]
. contributions above the current percentage made by
action of the PERS or the state legislature.
11.1.6 It is understood and agreed to by the parties that the
CITY "pick-up" of the employee's PERS contribution is
made in lieu of a wage increase.
11.1.7 Therefore, in all comparisons made with other agencies,
the PERS percentage pick-up will be added to the
salaries otherwise provided by the CITY to the
employee, -and then, comparisons will be made.
11.1.8 Parties agree that CITY payment of PERS contributions
is made based upon tax treatment currently permitted by
the State Franchise Tax Board and the IRS.
11.1.9 Should current tax treatment change, the Union and the
employee hold harmless the CITY, it's officers and
agents from any and all claims or costs of any type
including but not limited to liability for back taxes,
arising out of this agreement to pay part of the
employee's PERS contribution.
11.1.10 Should current tax treatment change, the ASSOCIATION
shall have the opportunity to meet and confer regarding
any such changes.
11.1.11 The CITY agrees to continue to provide employees in
this unit with a retirement benefit program through the
Public Employees Retirement System (PERS) as follows:
1. 2% at 50 plan with 3rd level 1959 Survivor
Benefit, (Section 21382.4)
2. Sick Leave Credit option, (Section 20862.8)
3. Highest Single Year Compensation (Section 20024.2)
11.2 SALARIES
11.2.1 The parties agree employees in this bargaining
unit shall receive a four percent (4%) salary
increase on base salaries.
11.2.2 Salaries during the term of the Agreement shall be as
follows:
Classification salary
Dispatcher Clerk $21,452 - $26,850
Police Officer $26,802 - $33,639
Sergeant $31,910 - $39,729
Support Services Mgr. $24,354 - $29,603
•
•
ARTICLE 12 - MEDICAL INSURANCE
12.1 HEALTH INSURANCE
During the term of this agreement, the City shall offer PERS
medical insurance plans.
12.1.1 Employees of this unit shall participate in the PERS
medical insurance plans on a cafeteria style basis,
with the .CITY contributing a maximum of $16.00/month
to the active employee's medical insurance, and
$1.00/month to Retiree medical insurance. Any costs in
excess of these contribution rates shall be paid by
the employee and Retiree.
12.1.2 CITY shall pay to each active employee by each
pay period (subject to appropriate taxation) the sum
of $407.00/month. CITY and ASSOCIATION agree that CITY
payment of this lump sum is based on favorable tax
treatment by the IRS and the State Franchise Tax
Board. Should the tax treatment change, the ASSOCIA-
TION and the employees hold harmless the CITY, its
officers and agents, including but not limited to,
liability for back taxes arising out of this Agreement
to pay such lump sum.
12.2 DENTAL AND VISION INSURANCE
12.2.1 During the term of this Agreement, CITY shall offer
dental and vision insurance and each employee shall be
required to carry both dental and vision insurance for
self. CITY agrees to maintain at least the current
level of benefits for dental and vision insurance.
12.2.2 Effective 1 July 1993 the employees shall pay
the following monthly premium rates for dental and
vision insurance:
VISION DENTAL TOTALS
Employee only $ 6.70 $25.27 $31.97
Employee +1 13.25 58.76 72.01
Employee +2 17.20 58.76 75.96
12.2.3 Any changes to the dental or vision premiums that
occur during the term of this Agreement shall be shared
one half by the employee and one half by the City.
12.2.4 Any coverage made available to future retirees beyond
COBRA time requirements shall be paid for by the
retiree.
E
• ARTICLE 13 - EDUCATIONAL INCENTIVES
13.1 CITY agrees to reimburse the cost of tuition and books for
members of the ASSOCIATION successfully passing courses
approved and authorized in advance by the Chief of Police
and the City Administrator. Successful passing of a course
is defined as a final "C" grade or better. All books paid
for by CITY will become City property to be used as a police
library. CITY agrees to provide a City vehicle for trans-
portation to and from classes on a car-pool basis and as a
vehicle is available. No mileage payments are authorized
for personal transportation.
13.2 For ASSOCIATION members possessing the Intermediate P.O.S.T.
Certificate, CITY agrees to pay an increase of three percent
(3%) over the salary range and step schedule established for
the position classification held by the ASSOCIATION member
and as specified herein under ARticle 11, Salaries.
13.3 For ASSOCIATION members possessing the Advanced P.O.S.T.
Certificate, CITY agrees to pay an increase of six percent
(6%) over the salary range and step schedule established for
the position classification held by the ASSOCIATION member
and as specified herein under Article 11, Salaries.
ARTICLE 14 - UNIFORMS
• 14.1 The uniform of the Law Enforcement Unit is a two-piece work
uniform of a style, material, and manufacture determined by
the Police Chief. Two (2) sets of uniforms, one (1) jacket
and hat, and one (1) set of safety equipment will be pro-
vided to each ASSOCIATION member by the CITY upon initial
employment with the Police Department. Replacements will be
provided by the CITY on an "as needed basis" as determined
by the Police Chief. Each ASSOCIATION member shall be
responsible for the maintenance of said uniforms and equip-
ment, and must furnish their own safety footgear of a type,
style, and manufacture as determined by the Police Chief.
is
14.2 Beginning 1 July and ending 31 July of each year, the Police
Chief will cause to be received written requests for bullet-
proof vests from any ASSOCIATION member so desiring one.
The number of bullet-proof vests purchased and issued each
year shall be determined by the Police Chief. Each Associa-
tion member issued a bullet-proof vest shall wear such vest
at all times while on -duty.
14.3 Uniforms for dispatchers shall be as set forth in Morro Bay
Police Department General Orders U-1, Uniform and Equipment
Regulations and Specifications.
10
• ARTICLE 15 - HOLIDAYS
15.1 For purposes of this agreement, the following days are the
holidays for the employees in this unit:
New Year's Day
Martin Luther King Jr.
Lincoln's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
Day after Christmas
Floating Holiday
January 1
Day 3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
Friday after Thanksgiving
December 25
December 26
Varies
15.1.1 Holidays shall be recognized on the days stated above
except that if a holiday falls on a Saturday, it shall
be observed the preceding Friday; and, if a holiday
falls on a Sunday, it shall be observed on the follow-
ing Monday.
15.1.2 Employees shall earn eight (8) hours of holiday in -lieu
• time on the day of the holiday. The eight (8) hours of
floating holiday in -lieu time are earned the first pay
period of each fiscal year. It is agreed that no
employee is guaranteed the actual holiday as a day off.
15.1.3 Employees who work on a holiday listed above shall
receive an in -lieu holiday as provided in 15.1.1, and
also shall be paid one and one-half (1.5) times their
base hourly rate for the hours actually worked on the
holiday.
15.2 Holidays Proclaimed by Government Officials
It is agreed that when a holiday is proclaimed by the Mayor
of the CITY then each permanent member of the Morro Bay
Peace Officers' Association shall be granted time -off in the
same number of hours as equivalent to the time -off granted
other employees of the CITY. Such time -off shall be
selected by the Police Chief.
15.3 Employees have no limit on the maximum amount of holiday
time they may accumulate. However, when an employee termi-
nates employment with the CITY, he/she shall receive pay for
his/her current holiday balance up to a maximum of 48 hours
at his/her current base hourly rate.
• 15.4 CITY's denial of requested holiday time off shall be neither
arbitrary nor capricious.
11
ARTICLE 16 - VACATION
16.1 The following is a list of vacation accrual entitlement by
years of employment.
ENTITLEMENT
YEARS IN DAYS
1
- 2
10
3
- 4
11
5,
.12
6
- 7
13
8
- 9
14
10
- 11
15
12
- 13
16
14
- 15
17
16
- 17
18
18
- 19
19
20
or more
20
In determining priority of individual members for assignment
of vacation periods, "seniority within rank" shall be the
primary criteria. It is agreed that every effort will be
made to permit ASSOCIATION members to take vacation at a
time and for periods as close to members' preference as pos-
sible consistent with the necessity for maintaining adequate
S manning to assure performance of police department func-
tions. It is further agreed that every effort will be made
to schedule individual vacation periods so as to maximize
consecutive vacation days off consistent with annual vaca-
tion entitlements.
16.2 VACATION ACCUMULATION
Unused vacation leave may be carried over into the following
year to a maximum of 240 hours. An employee who terminates
will have his/her vacation paid off to a maximum of his/her
current annual entitlement. Unused vacation leave otherwise
earned exceeding the authorized carry-over shall be paid -off
as of the pay period containing December 31 of each year, at
the employee's current base hourly rate of pay on June 30 of
the same calendar year.
ARTICLE 17 - SICK LEAVE
Paid sick leave shall be earned at the rate of one (1) eight -hour
workday for each calendar month of service. There is no limit on
the amount of unused sick leave hours that may be accumulated by
members of this unit.
ARTICLE 18 - SHOOTING QUALIFICATION PAY
18.1 The parties agree that employees in this unit will partici-
pate in four (4) range sessions per fiscal year. Two (2)
• range sessions will be practice and two (2) will be qualify-
ing range sessions. Qualifying range sessions will be
scored "PASS" or "FAIL".
LJ
18.2 CITY agrees to pay a monthly shooting qualification pay of
$20.00/mo.to ASSOCIATION members who earn a passing score at
qualifying range sessions.
18.3 Qualification rounds will be fired with service weapons and
against targets prescribed by the Chief of Police.
ARTICLE 19 - SPECIAL PAY PRACTICES
19.1 STANDBY
Standby duty is defined as that circumstance which requires
an employee so assigned to:
19.1.1 Be ready to respond immediately to a call for service;
19.1.2 Be readily available at all hours by telephone; and
19.1.3 Refrain from activities which might impair his/her
assigned duties upon call.
Employees on standby shall be compensated for two (2)
hours computed at their straight hourly base rate
per twenty-four (24) hours of authorized standby time.
19.2 CALL BACK
Call back is defined as:
19.2.1 That circumstance which requires an employee to un-
expectedly return to work after the employee has left
work at the end of the employee's workshift or work-
week; except that, an early call in of up to two (2)
hours prior to the scheduled start of a workshift shall
not constitute a call back; or,
19.2.2 Required off -duty court appearance.
Employees on call back shall receive either a two (2)
hour minimum computed at straight hourly base rate or
pay for all time actually worked, whichever is
greater. An employee shall not receive overlapping
minimums.
An employee shall not receive standby pay for the
same hours he/she received call-back pay.
13
. 19.3 FIELD OFFICER/DISPATCHER TRAINING PAY
19.3.1 An employee who is a POST qualified FTO and is assigned
as an FTO, shall receive an additional one dollar
($1.00) per hour when he/she actually performs the
duties of an FTO.
19.3.2 An employee who is in the classification of Dispatcher
and is assigned to train a new Dispatcher, shall
receive an additional one dollar ($1.00) per hour when
he/she actually performs the duties of a Dispatch/
Trainer.
19.3.3 The parties agree, the Chief has the right to assign
the FTO function to any qualified PTO and to assign
the Dispatcher Training function to any qualified
Dispatcher.
19.4 ACTING WATCH COMMANDER PAY
19.4.1 An employee who is assigned as an Acting Watch Comman-
der shall receive an additional one dollar ($1.00) per
hour when he/she actually performs the duties of an
Acting Watch Commander.
19.4.2 The parties agree, the Chief has the right to assign
• the Acting Watch Commander function to any qualified
employee.
ARTICLE 20 - MILEAGE
20.1 CITY will pay $.205 per mile as reimbursement to employees
for all mileage they incur when on official business.
20.2 Except where the nature of the assignment requires a marked
vehicle, the employee has the option of using his/her per-
sonal automobile on official business outside of the City.
ARTICLE 21 - OUT -OF -CLASS ASSIGNMENT
21.1 The term "out -of -class assignment" shall be defined as the
full-time performance of the significant duties of a vacant,
funded position in one classification by an individual in a
classification with a lower compensation range.
21.2 If an employee is required to work in an out -of -class
assignment for more than fifteen (15) work days, within a
calendar month his/her department head shall, with prior
approval of the Personnel Officer, make an acting appoint-
ment. Such acting appointment shall be effective on the
sixteenth (16th) work day within a calendar month of the
• out -of -class assignment.
An employee on an acting appointment shall receive a one (1)
14
step increase within the employee's current classification
salary as provided by City's Personnel Rules and Regula-
tions. In the absence of available steps within his/her
current range, the employee shall be granted a five percent
(5%) increase above his/her current base salary.
ARTICLE 22 - WELLNESS PROGRAIt
22.1 All employees in the unit will, at annual performance evalu-
ation time, have their blood pressure checked and a cardiac
monitor reading done by certified EMT-II's at the City Fire
Department.
22.2 Results of the tests are submitted in confidence to the
employee, the evaluating supervisor, the department head and
Personnel Officer, and reviewed for preliminary physical
conditioning recommendations.
ARTICLE 23 - PERSONNEL FILES
23.1 DEFINITION
23.1.1 An employee's official personnel file shall be kept in
the Personnel Department under the control and custody
of the Personnel Officer.
. 23.1.2 The Police Department may maintain employee records,
but such records must be made a part of the official
file before they may be used as a part of any personnel
action.
23.1.3 Files developed as a part of an internal investigation
may be maintained by the Police Department separate
from the Personnel file.
23.2 ACCESS BY EMPLOYEE
The contents of an employee's personnel file shall be made
available to the employee, or with the employee's written
authorization, to the employee's representative, at reason-
able intervals during the regular business hours of the
City.
23.3 PLACEMENT IN FILE
23.3.1 The City shall notify an employee prior to the place-
ment within the employee's personnel file of any mate-
rial that would adversely effect the employee's
performance evaluation, promotability or tenure.
23.3.2 The City shall give the employee the opportunity to
. review such adverse material and to attach a statement
thereto.
15
23.3.3 The employee shall initial such material to indicate
• that she/he has had an opportunity to review the
material.
23.4 GOVERNMENT CODE
Nothing herein is meant to diminish City rights provided by
the Government Code.
ARTICLE 24 DEPOSIT OF DEDUCTIONS
It is agreed that City will deposit payroll deductions made
payable to the San Luis Obispo City and County Employee Credit
Union providing the ASSOCIATION makes arrangements for such ser-
vices that are acceptable to both members and CITY under the same
conditions as prevails for deductions under Article 9.
ARTICLE 25 - BULLETIN BOARD
25.1 CITY agrees to furnish space for ASSOCIATION -purchased bul-
letin boards of reasonable size for the posting of ASSOCIA-
TION material. Location of such bulletin boards shall be at
the Police Station in an area commonly used for briefings or
meetings.
25.2 ASSOCIATION agrees it shall not use bulletin boards to
• ridicule, defame, or harass any City employees, officer or
agent.
ARTICLE 26 - HEALTH AND SAFETY ARTICLE
26.1 Management shall provide and maintain safe and healthy work
facilities and equipment.
26.2 Safety and health conditions in employment in the City of
Morro Bay are subject to the provisions of State and Federal
legislation which regulates the health environment and
safety conditions of the work place.
26.3 A Citywide Safety/Loss Control Committee shall be estab-
lished and shall review accidents, review alleged safety
deficiencies, and recommend safety training and safety
equipment. The Union may appoint one unit representative to
serve on the committee. If the committee meets during the
designated employee's normal working hours, the employee
shall receive paid release time to attend the meeting.
26.4 If an employee becomes alerted to an unsafe condition or
health hazard, he/she shall report such conditions to
his/her immediate supervisor. If such conditions cannot be
satisfactorily remedied by the immediate supervisor, an
• employee has the right to submit the matter either person-
ally or through the steward to his/her Department Head or
designated safety representative. On any matter of safety
Uri
not resolved, after proceeding through the above process,
consultation will take place between management and the
Union if requested.
26.5 A first aid kit shall be furnished and maintained at work
facilities readily and conveniently accessible to unit
employees.
26.6 Management agrees to provide to employees who are exposed to
potentially toxic agents or toxic materials the appropriate
medical services at no cost to the employee.
26.7 Any safety equipment required by the City shall be furnished
by the City.
ARTICLE 27 - FULL UNDERSTANDING. MODIFICATION. WAIVER
27.1 This Agreement sets forth the full and entire understanding
of the parties regarding the matters set forth herein, and
any other prior or existing understanding or agreements by
the parties, whether formal or informal, regarding any such
matters are hereby superseded or terminated in their
entirety.
27.2 It is agreed and understood that each party hereto voluntar-
ily and unqualifiedly waives its right to negotiate, and
• agrees that the other party shall not be required to negoti-
ate, with respect to any matter covered herein.
27.3 No agreement, alteration, understanding variation, waiver,
or modification of any of the terms or provisions contained
herein shall in any manner be binding upon the parties
hereto unless made and executed in writing by all parties
hereto, and if required, approved by the City and ratified
by the membership of the Association.
27.4 The waiver of any breach of any term, or condition of this
Agreement by either party shall not constitute a precedent
in the future enforcement of all its terms and provisions.
28.1 ASSOCIATION agrees not to cause, authorize, advise, encour-
age or participate in any interruption of work or any other
concerted action. The term "interruption of work" shall
mean any work stoppage or strike (including economic and
unfair labor practice strikes) or any intentional slow -down
of work. The term "other concerted action" includes picket-
ing or boycott activities by the ASSOCIATION.
28.2 Participation by any employee in any activity resulting in
• interruption of work or other concerted action or use of
paid or unpaid leave for these purposes shall subject
employee to disciplinary action, up to and including, dis-
charge. When the Municipal Employee Relations Officer has
reason to believe that such leave is being used as a method
of interruption work, the burden of proof of illness is upon
the employee. Doctor's statements can be required.
ARTICLE 29 - ASSOCIATION REPRESENTATIVES
The CITY agrees that the ASSOCIATION may designate representative
to represent employees in the processing of grievances. The
ASSOCIATION shall furnish the City Administrator with a written
list identifying by- name and work location -all regular and alter-
nate representatives and the list shall, be kept current by the
ASSOCIATION at all times. The representatives are to begin
investigating grievances only after the employee has tried to
resolve the problem with his/her immediate supervisor and the two
parties have failed to reach resolution of the problem.
ARTICLE 30 - PROCESSING OF FORMAL GRIEVANCES
30.1 The ASSOCIATION agrees that whenever investigation or pro-
cessing of a grievance is to be transacted during working
hours, only the amount of time necessary to bring about a
prompt disposition of the matter will be utilized. It is
further agreed that the time spent on an investigation and
processing of grievances will not interfere with the normal
operation of the department. CITY agrees to provide every
• reasonable amount of time for the investigation and the pro-
cessing of a grievance, but by so agreeing does not imply
that the processing or investigation of a grievance shall
take priority over normal functions of the department.
CITY further agrees that any payment of overtime arising
because of ASSOCIATION personnel's involvement in grievance
investigation or processing shall not be authorized. Time
spent on the investigation and processing of grievances will
be recorded on a form provided by CITY. Stewards will be
permitted reasonable time -off with pay for the investigation
and processing of grievances provided, however, that stew-
ards shall first obtain permission from the department head
and/or his/her designee and inform him/her of the nature of
his/her business. CITY shall grant such permission promptly
unless such absence would cause an undue interruption of
work or would require the CITY to pay overtime in order to
maintain the normal operation of the department.
Upon entering the work location, the steward shall inform
the department head and supervisor of the nature of his/her
business. Permission to leave a job will be granted to the
employee involved unless such absence would cause an inter-
ruption of work. If the employee cannot be made available,
the steward will seek an alternate time for employee avail-
ability with the department head or supervisor.
It is agreed that in some instances the investigation and
• processing of a
ees time. This
sharing of costs
ated actions.
grievance may be accomplished on the employ -
agreement is in recognition of the mutual
involved in the handling of employee initi-
30.2 GRIEVANCE PROCEDURE
The primary purpose of this procedure shall be to provide a
means whereby an employee, without jeopardizing his employ-
ment, can express a personal grievance relating to his
wages, hours of work, and working conditions, and obtain a
fair and equitable disposition of his grievance.
30.2.1 DEFINITION OF INFORMAL GRIEVANCE
An informal grievance is defined as a verbal disagree-
ment by an employee expressed to his supervisor with a
request to informally discuss the grievance with the
supervisor and/or the department head.
30.2.2 DEFINITION OF FORMAL GRIEVANCE
A formal grievance shall be defined as any written com-
plaint of an employee filed with his immediate supervi-
sor within thirty (30) days of the subject of the
grievance relating to his wages, hours of work, and
working conditions.
30.2.3 INFORMAL DISCUSSION WITH SUPERVISOR
An employee shall first pursue all informal grievances
with his supervisors and at any time that the employee
or the supervisor or department head deem that the
informal grievance is a formal grievance, the employee
may reduce it to a formal written grievance. An
employee with an informal grievance is encouraged first
to attempt to resolve the problem by discussing it
informally with his first line supervisor before filing
a written grievance.
30.2.4 FORMAL CONFERENCE WITH SUPERVISOR
If an employee does not obtain satisfaction of this
informal grievance by means of an informal discussion
with his supervisor, or if he is unable to communicate
with his supervisor, he and/or his representative may,
by written grievance, request and shall be accorded a
formal conference within ten (10) days with the super-
visor and/or department head. The decision of the
supervisor shall be reported to the employee and/or his
representative within five (5) business days of the
• date the conference was held with the supervisor.
19
• 30.2.5 DEPARTMENTAL REVIEW
In the event the employee does not obtain satisfaction
at any level of review by means of informal or formal
grievance and a formal conference with his supervisors,
he and/or his representative may submit the grievance
in writing to the supervisor or department head. The
procedure to be followed by the supervisor who receives
a grievance in writing shall be established by each
department head for his department, and shall include
review of.the grievance by the immediate supervisor and
such successively higher levels of management as may be
determined by the department head. A cumulative record
of the decision and the reason for the decision at each
level of review shall be maintained. The ultimate
decision shall be that of the department head. The
decision must be reported to the employee in writing
within ten (10) business days of the date that the
request for departmental review was submitted to the
supervisor.
30.2.6 APPEAL TO THE CITY ADMINISTRATOR
In the event the employee does not obtain satisfaction
by means of the departmental review, he and/or his rep-
resentative shall submit the grievance in writing to
• the City Administrator within ten (10) days after noti-
fication of the departmental decision is given to the
employee. The City Administrator may meet with the
employee and/or his representative and the department
head before making a decision; or may waive administra-
tive review and refer the grievance directly to a com-
mittee of the City Council appointed to hear
grievances. A copy of his decision on the matter must
be presented to the employee within ten (10) business
days of the date the grievance was filed with the City
Administrator.
30.2.7 SUBMISSION TO A COMMITTEE OF THE CITY COUNCIL
In the event that the employee does not obtain satis-
faction by means of the administrative procedures out-
lined above, he may request a hearing by a committee of
the City Council. The hearing shall be held by the
committee within fifteen (15) business days of the date
of receipt of the request at the convenience of all
parties, unless waived by common consent of the
employee and the department head. The hearing shall be
informal. The employee and/or his representative, the
department head and/or the City Administrator shall
appear before the committee to present facts pertinent
• to the case. The burden of proof shall rest with the
employee. The committee shall limit its review of the
grievance procedure and shall make its decision within
Pd!]
. thirty (30) days after the termination of the hearing
unless a reasonable time extension is deemed necessary
and all parties are notified.
30.2.8 TIME LIMITS
In the case of time limits outlined above are not
observed by the representative of the City, the
employee and/or his representative shall have the right
to carry the grievance directly to the next higher
level of review.
30.2.9 GROUP GRIEVANCE
The recognized employee organizations may present a
general grievance (affecting several employees) in
writing directly to the City Administrator. Upon
receipt of such a grievance, the City Administrator
shall establish a time for a hearing, at which time all
affected parties may appear before the City Administra-
tor to present facts pertinent to the issue. The deci-
sion of the City Administrator shall be presented to
all parties concerned within fifteen (15) business days
and shall be appealable by the group to a committee of
the City Council for their findings and recommendations
within thirty (30) days. If either party wishes to
• appeal, they may file an appeal with the City Council
as a whole within five (5) working days of the final
decision of the committee of the City Council.
•
ARTICLE 31 - PROBATIONARY PERIOD
The parties agree that effective 1 July 1988 any appointments to
fill vacant positions shall be subject to the following proba-
tionary periods:
Sworn personnel - 18 months
Non -sworn personnel - 12 months
ARTICLE 32 - SEVERABILITY
If any provision(s) are held to be contrary to law by a court a
competent jurisdiction, such provisions will not be deemed valid
and subsisting except to the extent permitted by law, but all
other provisions will continue in full force and effect.
21
0
MORRO BAY PEACE OFFICERS' ASSOC.
By:
By:
By:
•
Sondra Cardwell
Sean James
Dale Salyer
CITY OF MORRO BAY
By:
Forrest W. Henderson
By:
Ardith Davis
V4
22
•
•
0
RE S OLUT = ON NO - G 9 — 9 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA RELATING TO
THE CLASSIFICATION, COMPENSATION, AND
TERMS OF EMPLOYMENT OF MISCELLANEOUS
EMPLOYEES OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California
Government Code Section 35000 et. seq. and Resolution No. 74-69
of the City of Morro Bay, the City's representatives have met and
conferred in good faith pertaining to the subject of wages, bene-
fits, and conditions of employment with Service Employment Inter-
national Union Local No. 817 (SEIU); and
WHEREAS, the meetings between the Union and the City have
resulted in a mutual agreement and understanding to recommend
that the employees represented by the SEIU Local No. 817 accept
all of the terms and conditions as set forth in a Memorandum of
Understanding, an agreement attached and made a part of this res-
olution herewith; and
WHEREAS, the City now desires to provide said changes in
benefits to said miscellaneous employees of the City of Morro
Bay;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby approve and adopt in full the Memo-
randum of Understanding as attached and made a part of this reso-
lution herewith.
PASSED AND ADOPTED by the City Council of Morro Bay at a
regular meeting thereof held this 9th day of August, 1993, by the
following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
VJCSIA�
BRIDGETT6DAVIS, City Clerk
• MEMORANDUM OF UNDERSTANDING BETWEEN
SERVICE EMPLOYEES' INTERNATIONAL UNION LOCAL NO.817
AND THE CITY OF MORRO BAY
ARTICLE 1 - PURPOSE
1.1 WHEREAS, the City of Morro Bay is a municipal corporation
existing under the laws of the State of California as a gen-
eral law city; and
1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds
are concerned, because of a fixed tax rate; and in structure
because it is a public entity rather than a profit making
business; and
1.3 WHEREAS, Service Employees' International Union Local No.
817 and the City of Morro Bay recognize that the mission and
the purpose of the City is to provide for high -quality and
economical municipal services and facilities to the resi-
dents of the City of Morro Bay.
1.4 THEREFORE, this Memorandum of Understanding is entered into
as of 1 July 1993, between the City of Morro Bay, referred
to as "CITY" and Service Employees' International Union
Local No. 817, referred to as the "UNION."
• 1.5 It is the intent and purpose of this memorandum to assure
sound and mutually beneficial working and economic relations
and conditions between the parties hereto; to provide for an
orderly and peaceable method and manner of resolving any
differences which may arise and to negotiate any misunder-
standing which could arise and to set forth herein the basic
and full agreement between the parties concerning the pay,
wages, hours of employment, and other terms and conditions
of employment.
Except as otherwise specifically provided herein, the term of
this Agreement commences on 1 July 1993 and expires and is other-
wise fully terminated at midnight on 30 June 1994.
ARTICLE 3 - RENEGOTIATIONS
3.1 In the event either party wants to renegotiate a successor
Agreement, such party shall serve upon the other during the
period 1 February to 15 April its written request to begin
negotiations as well as its initial written proposals amend-
ing this agreement.
• 3.2 Upon receipt of such written notice and proposals, negotia-
tions shall begin no later than thirty (30) days after such
receipt or 15 April, whichever is later.
1
• 3.3 The parties agree that, except by mutual agreement, no new
subjects may be introduced into the process after the third
(3rd) negotiations meeting.
ARTICLE 4 - RECOGNITION
Pursuant to Resolution No. 74-69, the Employer -Employee Relations
Resolution of the City of Morro Bay and applicable state law,
Service Employees International Union Local 817 (hereafter
"UNION") was designated by the City- of Morro Bay (hereafter
"CITY") City Council as the exclusive representative of City
employees in the Miscellaneous Employees Unit (hereafter "UNIT").
The term "employee(s)" as used herein shall refer only to employ-
ees employed by the City in the employer classifications compris-
ing said unit as listed in Article it - Salaries, or as mutually
modified by the parties.
ARTICLE 5 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this
agreement:
5.1
Management's principal authorized agent shall be the City
Administrator, or his/her duly authorized representative
.
(address: 595 Harbor Street, Morro Bay, CA 93442; telephone:
(805)772-6200), except where a particular management repre-
sentative is specifically designated in the agreement).
5.2
The UNIT'S principal authorized representative shall be:
Service Employees International Union Local 817.
5.3
The UNION shall furnish the City of Morro Bay's Personnel
Officer with a written list identifying by name and work
location up to three (3) stewards and one (1) chief steward.
5.4
Union stewards shall be authorized when participating in the
investigation and processing of a grievance to take a rea-
sonable amount of City time without loss of compensation or
benefits to perform these duties.
5.5
Union stewards shall be selected in accordance with current
SEIU written policy on file with the City Personnel Office.
ARTICLE 6 - MANAGEMENT
CITY retains all rights not specifically delegated by this agree-
ment including, but not limited to, the exclusive right to deter-
mine the mission of its constituent departments; set standards of
service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary
• action for proper cause; relieve its employees from duty because
of lack of work or for other legitimate reasons; maintain the
efficiency of governmental operations; determine the methods,
2
• means, and personnel by which governmental operations are to be
conducted; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies and
exercise control and discretion over its organization and the
technology of performing its work. The determination of whether
or not an emergency exists is solely within the discretion of the
City and is expressly excluded from the Grievance Procedure.
The CITY and UNION mutually agree they will not discriminate
against employees for the exercise of their rights under the
State of California Government Code Section 3502.
TICLE 8_ UNION BUSINESS
Employees designated by the UNION, including those designated as
members of the UNION negotiating team, shall be granted time,
without loss of pay, to perform their UNION function at meetings
mutually set by the CITY and UNION. Included within the time -off
provisions of this Article are those meetings required for nego-
tiating Memorandum of Understanding or exercising grievance pro-
cedures. It is understood that this time -off provision shall be
limited to a maximum of three (3) persons attending any one meet-
ing between CITY and UNION and that the meetings referred to
herein are between UNION representation and the CITY'S Labor
. Relations Officer or City Administrator.
ARTICLE 9 - WITHHOLDING OF UNION DUES
9.1 It is agreed that CITY will withhold UNION dues from the
monthly pay of each permanent CITY employee who is a member
of the UNION. UNION agrees to provide CITY with individual
UNION member authorizations signed by the individual UNION
member authorizing CITY to make agreed deductions; specify-
ing the amount of each deduction; and authorizing CITY to
issue a check, payable to UNION, for the collective amount
of the individual deductions withheld from the individual
employee's pay. CITY does not accept responsibility for
computing the amounts of deductions or for meeting payment
dates which may not coincide with established pay periods.
The UNION will be responsible for the accounting and dis-
persing of all such funds received from CITY. UNION will be
responsible for properly notifying the CITY of any changes
in deductions and will be the sole agent through which CITY
will act in explaining, initiating, executing, or terminat-
ing the provisions of this Article.
9.2 All UNION members on payroll deduction for payment of asso-
ciation dues on the day of signing of this Memorandum of
Understanding must remain on payroll deduction for the life
• of the Agreement or so long as they remain members of the
Bargaining Unit. UNION members who establish payroll dues
deduction during the term of this Memorandum of Understand-
K,
• ing must remain on payroll deductions for the life of this
Memorandum of Agreement or so long as they remain members of
the Bargaining Unit. UNION members on dues payroll deduc-
tion may terminate such association dues during the period
of December 15-31 by notifying both the UNION and the City
Personnel Department of their termination of UNION dues
deduction. Such notification shall be in the form of a
letter containing the following information: Employee name,
job classification and department name.
9.3 UNION shall indemnify and save harmless the City of Morro
Bay, its officers, agents, and employees from any and all
claims, demands, damages, costs, expenses, or liability
arising out of this article.
ARTICLE 10 - WORK SCHEDULE
This article is intended to define the normal hours of work and
shall not be construed as a guarantee of work per day or per
week, or of days of work per week.
10.1 WORKDAY:
The normal workday shall be eight (8) hour of work in a
twenty-four (24) consecutive hour period, except in cases of
emergencies.
• 10.2 WORKSHIFT:
Employees shall be scheduled to work on regular workshifts
having regular starting and quitting times. Except for
emergencies, employees' workshifts shall not be changed
without prior notice to the employee. Call -out or overtime
does not constitute as change in workshift.
10.3 WORKWEEK:
The normal workweek shall be five (5) workdays and two (2)
consecutive days of rest in a seven (7) consecutive day
period, except in cases of emergencies, or at the specific
request of an employee and approval of department head.
Nothing herein shall be construed to eliminate currently
established irregular work schedules.
10.4 EMERGENCIES:
Nothing herein shall be construed to limit or restrict the
authority of management to make temporary assignments to
different or additional locations, shifts, or duties for the
purpose of meeting an emergency. Such emergency assignments
shall not extend beyond the period of said emergency.
11.1 The CITY agrees to continue a plan
• contribute seven (7) percent of an
behalf of the employee to the Public
System (PERS). These amounts paid by
whereby the CITY will
employee's salary on
Employees' Retirement
the CITY are employee
4
contributions and are paid by the CITY to satisfy the
employee's obligation to contribute seven (7) percent of
salary to PERS. An employee has no option to receive the
contributed amounts directly instead of having them paid by
the CITY to PERS on behalf of the employees. The UNION
understands and agrees that employees bear the risk of pay-
ment of any increases in the employee contributions above
the current ( 7 ) percent made by action of the PERS or the
state legislature.
It is understood and agreed to between the parties that the
CITY "pick-up" of the employee's PERS contribution was
agreed to in a previous MOU in lieu of a wage increase.
Therefore, in all comparisons made with other agencies,
seven (7) percent of salaries will be added to the salaries
otherwise provided by the CITY to the employee, and then,
comparisons will be made.
Parties agree that CITY payment of the seven (7) percent
PERS contribution is made based upon tax treatment currently
permitted by the State Franchise Tax Board and the IRS.
Should current tax treatment change, the UNION and the
employee hold harmless the CITY, its officers and agents
from any and all claims or costs of any type including but
not limited to liability for back taxes, arising out of this
agreement to pay seven (7) percent of the employee's PERS
contribution. Should current tax treatment change, the
UNION shall have the opportunity to meet and confer regard-
ing any such changes.
The CITY payment of seven (7) percent of each employee's
PERS contribution shall be made bi-weekly through 30 June
1994 at which time such payment shall terminate and CITY
shall be permitted to withhold the full amount of the then
current sum for employer contributions from employee's pay,
unless the parties agree on or before 30 June 1994 in a
written memorandum of understanding to continue the CITY
pick-up of employee contributions.
11.2 The parties agree employees in this bargaining unit shall
receive a four percent (4%) salary increase on base salaries
effective 03 July 1993.
11.3 Actual salaries are as listed in Appendix A.
ARTICLE 12 - MEDICAL INSURANCE
12.1 HEALTH INSURANCE
During the term of this Agreement, the City shall offer PERS
medical insurance plans.
• A. Employees of this unit shall participate in the PERS
medical insurance plans on a cafeteria style basis,
with the CITY contributing a maximum of $16.00/month to
11
• the active employee's medical insurance, and
$1.00/month to Retiree medical insurance. Any costs in
excess of these contribution rates shall be paid by the
employee and Retiree.
•
B. CITY shall pay to each active employee by each pay
period (subject to appropriate taxation) the sum of
$407.00/month. CITY and UNION agree that CITY payment
of this lump sum is based on favorable tax treatment by
the IRS and the State Franchise Tax Board. Should the
tax treatment change, the UNION and the employees hold
harmless the CITY, its officers and agents, including
but not limited to, liability for back taxes, arising
out of this Agreement to pay such lump sum.
12.2 DENTAL AND VISION INSURANCE
During the term of this Agreement, the City shall offer den-
tal and vision insurance and each employee shall be required
to carry both dental and vision insurance for self. CITY
agrees to maintain at least the current level of benefits
for dental and vision insurance unless during the term of
the Agreement the Employee Relations Committee recommends an
alternative carrier and the recommendation is accepted by
the City Council.
12.3 Effective 1 July 1993, the employees shall pay the following
monthly premium rates for dental and vision insurance:
Employee Only $ 6.70
Employee +1 $13.25
Employee +2 $17.20
MM•
$25.27
$58.76
$58.76
$31.97
$72.01
$75.96
12.4 Any changes to the dental or vision premiums that occur dur-
ing the term of this Agreement shall be shared one half by
the employee and one half by the City.
12.5 Any coverage made available to future retirees beyond COBRA
time requirements shall be paid for by the retiree.
ARTICLE 13 - EDUCATION INCENTIVES
13.1 CITY agrees to pay the following education incentives to
permanent employees who hold degrees above the minimum
required in their respective classification:
13.1.1 Associate of Arts Degree - $450 annually
13.1.2 Baccalaureate Degree - $900 annually
Such incentive pay shall be paid bi-weekly to employees who
hold job -related degrees as determined by the department
0
• head and Personnel Officer. Employees who are receiving
such incentive on 30 June 1981 shall continue to receive
such incentive as computed above for the term of this
agreement.
If an employee is promoted to a classification that requires
a degree, the employee shall not receive education incentive
pay for the required degree.
13.2 WASTEWATER TREATMENT PLANT OPERATOR INCENTIVE
An employee certified as a Wastewater Treatment Plant Opera-
tor with a certificate issued by the California State Water
Resources Control Board shall receive an incentive as
follows:
Wastewater Treatment Plant Operator
Grade II $ 500 annually
Grade III $1000 annually
Grade IV $1500 annually
Wastewater Treatment Plant Lead Operator
Grade III $1000 annually
Grade IV $1500 annually
13.3 CITY agrees to reimburse the costs for job -related and job -
required certifications, correspondence courses, and
licenses (except Class III driver's license) upon successful
completion of the examination or course by the employee hav-
ing written authorization in advance from their department
head. This shall include application fees, examination
fees, and certificate fees. Renewal fees may be paid in
advance by the CITY.
CITY agrees to provide a CITY vehicle, when available, dur-
ing normal working hours for required transportation and
will permit paid time for employee to take examinations
scheduled during normal working hours. No mileage payments
are authorized for personal transportation, and time spent
outside normal working hours shall not be compensated.
14.1 CITY will provide work coveralls, including laundry service,
for each employee whose working conditions create undue wear
and tear on work clothing.
CITY will select and provide uniform work shirt, including
laundry service, for all field employees. Work shirts shall
include a CITY logo and the employee's name.
14.2 Determination of individual entitlement to City -provided
. work uniforms will be at the discretion of the appropriate
department head, and with the approval of the City Adminis-
7
• trator. Unit members in classifications currently receiving
uniforms shall continue to do so.
C
ARTICLE 15 - HOLIDAYS
15.1 For the purpose of this agreement, the following days are
the holidays for the employees in this unit:
Independence Day
July 4
Labor Day
1st Monday in September
Veteran's Day
November 11
Thanksgiving Day
4th Thursday in November
Day after Thanksgiving
Friday after Thanksgiving
Christmas Day
December 25
New Year's Day
January 1
Martin Luther King, Jr. Day
3rd Monday in January
Lincoln's Birthday
February 12
Washington's Birthday
3rd Monday in February
Memorial Day
Last Monday in May
Floating Holiday
Varies
Floating Holiday
Varies
15.2 It is agreed that when a holiday is proclaimed by the Mayor
of the CITY, then each employee shall be granted time -off in
the same number of equivalent work hours.
16.1 During the term of this agreement, sick leave shall be
earned at the rate of one (1) eight -hour workday for each
calendar month of service. There shall be no maximum to the
amount of sick leave that an employee may accumulate.
Upon the service retirement of an employee who has more than
ten (10) years of service with the CITY, said employee shall
be entitled to receive payment for up to the first ninety
(90) days of his/her accrued sick leave at twenty-five (25%)
of the employee's rate of pay as of the date of service
retirement.
Service retirement is defined as service retirement from
both the CITY and the respective retirement system thereof.
16.2 WELLNESS INCENTIVE
16.2.1 If the unit average sick leave utilization is reduced
by 10% during FY 88-89, then any unit member who used
three (3) or fewer sick leave days during FY 88-89 may
convert up to twelve (12 ) sick leave days to vacation
leave at the ratio of 3 sick leave days to 1 vacation
day.
• 16.2.2 An additional unit reduction in average sick leave use
of 5% in FY 89-90, for a total reduction of 15% from FY
0
• 88-89 sick leave utilization level, will maintain this
conversion program.
16.2.3 If the average sick leave utilization attained in FY
89-90 is maintained for FY 90-91, then the conversion
program remains in effect for FY 90-91.
ARTICLE 17 - VACATION LEAVE
17.1 During the term of this agreement, paid vacation leave shall
be earned at the following rate:
Service
Years
Entitlement in Days
1
thru 2
10
3
thru 4
11
5
thru 6
12
7
thru 8
13
9
thru 10
14
11
thru 12
15
13
thru 14
16
15
thru 16
17
17
thru 18
18
19
thru 20
19
21
or more
20
• There is no limit on the amount of unused vacation leave
hours that may be accumulated by members of this unit.
•
17.2 Upon termination of employment with the CITY, a member of
this unit shall receive pay for his/her current vacation
leave balance up to a maximum of the employee's annual
entitlement at his/her current base hourly rate.
17.3 An employee's unused vacation leave balance as of 1 July
1983 is hereby "frozen" for cash payoff at the employee's 30
June 1983 base hourly rate, upon termination of employment
with the CITY.
Beginning 16 July 1983, should an employee's bi-weekly
unused vacation leave balance ever become lower in total
hours accumulated than his/her ending balance of 1 July 1983
then upon terminating of employment with the CITY, the
employee shall only receive compensation for his/her lowest
bi-weekly unused vacation leave balance computed at the 30
June 1983 employee's base hourly rate.
This section does not preclude any additional entitlement
the employee may receive under 17.2 of this Article.
9
0 ARTICLE 18 - OVERTIME COMPENSATION
18.1 DEFINITION OF OVERTIME
18.1.1 All work required by the City and actually performed
beyond forty (40) hours worked in a workweek is defined
as Fair Labor Standards Act (FLSA) overtime. FLSA
overtime shall be compensated at one and one-half (1-
1/2) times the employee's regular rate of pay, as
defined by FLSA.
18.1.2 All work required by the City and actually worked
beyond eight (8) hours in a workday but less than forty
( 40 ) hours in a workweek is defined as non-FLSA over-
time. Non-FLSA overtime shall be compensated at the
employee's regular rate of pay.
18.2 COMPENSATORY TIME OFF (CTO)
18.2.1 At the employee's option, Compensatory Time Off may be
taken in lieu of cash payment for overtime.
18.2.2 CTO may be accrued. An employee's CTO balance shall
indicate the amount of CTO to be taken off. For exam-
ple, if an employee works two (2) hours of FLSA over-
time and elects to accrue CTO, the employee's CTO bal-
ance shall indicate three (3) hours.
18.2.3 An employee's CTO balance shall not exceed a maximum of
thirty-two (32) hours. If overtime is earned which
would exceed this limit, the excess shall be paid in
cash.
18.2.4 FLSA overtime shall be accrued and taken at one and
one-half (1-1/2) times the amount of overtime actually
worked. For example, if an employee works two (2)
hours FLSA overtime in a workweek, the employee shall
be entitled to either two (2) hours pay at one and one-
half (1-1/2) times the employee's regular rate of pay,
or three (3) hours of CTO.
18.2.5 Non-FLSA overtime shall be accrued and taken at the
amount of time actually worked in excess of eight (8)
hours each workday. For example, if an employee works
two (2) hours Non-FLSA overtime in a workday, the
employee shall be entitled to two (2) hours pay at the
regular rate of pay, or two (2) hours of CTO.
18.2.6 If an employee's regularly scheduled workday falls on a
designated City holiday, and the employee works on said
day, the employee shall have the option of receiving,
• in addition to eight (8) hours holiday pay, either
eight (8) hours straight time pay or eight hours CTO.
10
• 18.2.7 Employees in this unit have the option of utilizing
non-FLSA overtime within the workweek it is earned, or
having overtime worked in that workweek applied to
their CTO accumulation.
18.2.8 All CTO requested by an employee shall be approved in
advance by the employee's Department Head.
ARTICLE 19 - SPECIAL PAY PRACTICES
19.1 STANDBY
19.1.1 Standby duty is defined as that circumstance which
requires an employee so assigned to:
1. Be ready to respond immediately to a call for
service;
2. Be readily available at all hours by telephone or
other agreed upon communication equipment; and
3. Refrain from activities which might impair his/her
assigned duties upon call.
19.1.2 It is agreed that personnel who are scheduled, on a
routine basis, for standby duty shall be compensated at
• the rate of twenty ($20.00) per day for each day of
scheduled standby duty performed.
19.2 CALL BACK
19.2.1 Call back is defined as that circumstance which
requires an employee to unexpectedly return to work
after the employee has left work at the end of the
employee's workshift; except that an early call in of
up to two (2)hours prior to the scheduled start of a
workshift shall not be counted as a call back.
19.2.2 CITY will guarantee a minimum of four and one half (4-
1/2) hours pay, computed at straight hourly rates, for
each employee called back for work as defined above.
19.2.3 Whenever an employee is called back to work, the City
considers the employee "on -duty" for three (3) hours
even if employee returns home. No additional call-back
time pay is allowed during this period if the employee
is again called back. However, if more than three (3)
hours have passed since the initial call-back, employee
may claim an additional 4'k hours call-back pay under
the same conditions set forth herein.
19.2.4 Said employee shall receive either pay or compensatory
time -off, pursuant to Article 18 - Overtime Compensa-
11
• tion, for the minimum or for all time actually worked,
whichever is greater.
CITY will pay $.20 per mile as reimbursement to members of the
unit for all mileage they incur when on official business, pro-
vided there is no CITY car or other pool car available for CITY
business. Said reimbursement shall be subject to availability of
,funds in the CITY budget and approval by the Department Head.
IREMENT BENEFITS
21.1 The CITY currently participates in the State of California
Public Employees' Retirement System (P.E.R.S., 2% at 60) for
members of this unit.
21.2 If the State Legislature adopts a two-tier P.E.R.S. retire-
ment program applicable to unit members, then all unit mem-
bers employed after the effective date of such P.E.R.S.
changes shall be placed in a new retirement plan or one
selected by the CITY. Current employees at the time of plan
adoption will have a one-time option to enter the new plan;
enrollment period to be selected by CITY.
• 21.3 The CITY agrees to continue to provide employees in this
unit with a retirement benefit program through the Public
Employees Retirement System (PERS) as follows:
0
Sick Leave Credit option (Section 20862.8)
TICLE 22 - FULL UNDERSTANDING. MODIFICATION. W
22.1 This Agreement sets forth the full and entire understanding
of the parties regarding the matters set forth herein, and
any other prior or existing understanding or agreements by
the parties, whether formal or informal, regarding any such
matters are hereby superseded or terminated in their
entirety.
22.2 It is agreed and understood that each party hereto voluntar-
ily and unqualifiedly waives its right to negotiate, and
agrees that the other party shall not be required to negoti-
ate, with respect to any matter covered herein.
22.3 No agreement, alteration, understanding, variation, waiver,
or modification of any of the terms or provisions contained
herein shall in any manner be binding upon the parties
hereto unless made and executed in writing by all parties
hereto, and if required, approved by the City and ratified
by the membership of the UNION.
12
22.4 The waiver of any breach of any term, or condition of this
Agreement by either party shall not constitute a precedent
in the future enforcement of all its terms and provisions.
0 ARTICLE 23 - NO STRIKE. NO LOCK -OUT
23.1 During the term of this Agreement, the CITY will not lockout
any employees nor will the UNION cause, authorize, advise or
encourage any interruption of work or any other concerted
action. The term "interruption of work" shall mean any work
stoppage or strike (including economic and unfair labor
practice strikes) or any intentional slowdown of work. The
term "other concerted action" includes picketing or boycott
activities by'the UNION.
23.2 There shall be no refusal to work on, handle or produce any
materials or equipment because of a labor dispute.
23.3 Any employee engaging in any action prohibited by this Arti-
cle shall be subject to immediate discharge or such other
discipline as the CITY may assess. Such discharge or disci-
pline shall not be reviewable through the Grievance
Procedure.
If any provision(s) are held to be contrary to law by a court of
competent jurisdiction, such provision(s) will not be deemed
. valid and subsisting except to the extent permitted by law, but
all other provisions will continue in full force and effect.
SERVICE EMPLOYEES' INTERNATIONAL
UNION LOCAL NO. 817
By:
Will Hirst
By:
Sandi Ford
By:
Jamie Boucher
By:
Robert Conn
By:
Richard Huntingt
CITY OF MORRO BAY
By:
Forrest Henderson
By:
Ardith Davis
Renee Mayne
13
Date
CITY OF MORRO BAY
ANNUAL MISCELLANEOUS
SALARY SCHEDULE
APPENDIX
A
CLASSIFICATION
JULY 1.1993
Acct. Clerk II
$21,685-$27,171
Adm. Serv. Clk.
$20,003-$25,042
Asst.'Planner
$30,615-$37,214
Bldg. Inspector
$29,175-$36,669
Custodian
$19,500-$24,303
Eng. Tech I
$23,434-$29,175
Eng. Tech II
$26,201-$32,677
Fac. Coord.
$25,448-$31,895
Fac. Maint. Wkr.
$24,147-$30,118
Har. Pat. Off.
$25,448-$31,895
•
Maint. Ldwkr.
$25,448-$31,895
Maint. Supv.
$31,892-$39,706
Maint. Wkr. II
$22,852-$28,359
Maint. Wkr. III
$24,147-$30,118
Mechanic
$24,147-$30,118
Off. Asst. II
$19,062-$23,699
Off. Asst. III
$20,003-$25,042
Off. Coord.
$21,177-$26,391
Plan. Tech (Code Enf.)
$23,434-$29,175
Rec. Specialist
$20,003-$25,042
Rec. Supervisor
$25,448-$31,895
Sr. Cust.
$22,852-$28,359
Sr. Mech.
$25,448-$31,895
WWTP Ld. Oper.
$25,448-$31,895
WWTP Oper.
$23,434-$29,175
i
E
0
RESC>LiJ'I'=ON NCd. 67-93
A RESOLUTION ESTABLISHING THE NUMBER OF
MEMBERS AND COMPOSITION OF THE
MORRO BAY MUNICIPAL CODE AD -HOC COMMITTEE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, by unanimous minute motion on 9 June 1993, the City
Council of Morro Bay did establish the intention to form a seven
(7) member citizens advisory board to be known as the Morro Bay
Municipal Code Ad -Hoc Committee; and
WHEREAS, the City Council did see fit to establish by-laws
governing the existence and operation of the Morro Bay Municipal
Code Ad -Hoc Committee for purposes of better serving the public
good.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, California, there is herein constituted a
Morro Bay Municipal Code Ad -Hoc Committee comprised of up to
seven (7) voting members who shall be qualified electors of the
City; all members shall hold no other public office in the City,
shall serve without compensation, and shall be appointed by and
serve at the pleasure of the Morro Bay City Council; and
BE IT FURTHER RESOLVED the Morro Bay City Council shall
attempt to select members of the Morro Bay Municipal Code Ad -Hoc
Committee from the following interests:
1 representative from
1 representative from
Business Owners
1 representative from
1 representative from
1 representative from
1 representative from
(under 21)
1 representative from
Embarcadero Business Owners
Downtown/North Morro Bay
the Building Industry
the Senior Community
the Community at Large
the Youth of the Community
an Environmental Organization
BE IT FURTHER RESOLVED that the attached by-laws are in-
cluded herein by reference.
• Resolution No. 67-93
Page Two
PASSED AND ADOPTED by the Morro Bay City Council at a
regular meeting thereof held on the 26th of July 1993 on the
following vote:
AYES: Crotzer, Luna, Mullen, and Unger
NOES: None
ABSENT: Yates
ATTEST:
BRIDGETT DAVIS, City Clerk
•
•
SUSAN MULLEN, Vice -Mayor
• City of Morro Bay
Municipal Code Ad Hoc Committee
Purpose and Authority of the Committee
The Municipal Code Ad Hoc Committee was established by
City Council Resolution in June 1993. The
purpose of the Committee is to review specific sections of
the City's Municipal Code and provide input and
recommendations to the City Council on suggestions for
updating and streamlining the code.
Appointments
The'Municipal Code Ad Hoc Committee shall be comprised
of 7 members. Appointments to the Committee and filling of
vacancies shall be made by the City Council. Members shall
serve without monetary compensation.
Terms of Office
Members of the Ad Hoc Committee will serve for a period
of no more than one year to complete the tasks of municipal
code review and providing recommendations to the City
Council.
Ouali£ications
Members of the Committee shall be registered voters of
Morro Bay and hold no other public office in the City.
• Absence from Meetings
Absence of a committee member from three (3)
consecutive meetings without formal consent of the Committee
as noted in it's official minutes will constitute the
voluntary resignation of the absent member. The position
will then automatically be declared vacant for the City
Council to appoint a replacement.
Resignation
Should a member wish to resign from the Committee,
he/she shall submit a letter of resignation to the City
Council.
organization
At the first meeting of the Committee, a Chairperson,
Vice Chairperson, and Secretary will be elected from the
Committee members for the term of the Committee. Anytime
during the term of the Committee, a majority of the
Committee can elect a new Chairperson.
The Chairperson shall preside over meetings and direct
the affairs of the Committee. In the absence of the
Chairperson, the Vice Chairperson will preside. If both the
Chairperson and the Vice Chairperson are absent, the
committee will appoint someone to chair that specific
meeting.
• The City of Morro Bay staff will provide assistance as
requested by the Committee Chairperson to the City
Administrator.
Meetings
At the first meeting of the Committee, a regular
meeting date, time, and place will be established and
incorporated into these By Laws. The meetings shall be open
to the public. The Chairperson may determine the amount of
time at each meeting allocated to public comment.
Roberts',Rules of Order
In all matters and things not otherwise provided for in
these By laws, the proceedings of the Committee shall be
governed by "Roberts' Rules of Order", latest edition.
By Laws and Amendments
The By laws of the Committee and all amendments thereof
shall be approved by the City Council.
Composition of the Committee
The Committee shall be composed of the following:
1 representative from Embarcadero Business Owners
1 representative from Downtown/North Morro Bay Business
Owners
. 1 representative
1 representative
1 representative
1 representative
(under 21)
1 representative
from the Building Industry
from the Senior Community
from the Community at Large
from the Youth of the Community
from an Environmental organization
ChaAtersLSections fo the Code to be reviewed by the
Committee
The City Council requests review of the following
Chapters and Sections of the Municipal Code by the
Committee. Should the Committee desire to expand this scope
of review, a written request shall be made to the City
Council for approval and incorporation into the existing
scope of review.
A report to the City Council is expected on the
following Chapters and Sections:
Chapter One - All
Chapter Two - Sections 2.04 to 2.16
Chapter Three - None
Chapter Five - Sections 5.04, 5.08, 5.12, and 5.36
Chapter Seven - All
Chapter Eight - Sections 8.12, 8.14, and 8.20
Chapter Nine - All
Chapter Ten - Sections 10.44, 10.48 and 10.52
A report to the responsible Committee is expected on
the following Chapters and Sections. A copy of these
suggestions, if any, will also be submitted to the City
Council.
Chapter Five - Sections 5.28 and 5.30 - Franchise
Advisory Board
Chapter Eight - Section 8.16 - Franchise Advisory Board
Chapter Twelve - Streets and Tree Committee
Chapter Thirteen - Water Advisory Board
Chapter Fourteen - Planning Commission
Chapter Fifteen - Harbor Advisory Board
Chapters .sixteen and seventeen do not need to be
reviewed by the Committee as the Planning Commission is
already 'reviewing these chapters.
•
RESOLUTION NO. 66-93
is RESOLUTION RATIFYING SUBMITTAL OF AN APPLICATION FOR REGIONAL SURFACE
TRANSPORTATION PROGRAM FUNDING FOR THE SOUTH BAY BOULEVARD REHABILITATION
PROJECT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council adopted on February 22, 1993 Resolution No. 16-93 committing funding
for improvements to the South Bay Boulevard approaches to Twin Bridges; and
WHEREAS, said improvements include but are not limited to rehabilitating the structural section of the
South Bay Boulevard approaches to Twin Bridges and raising the roadway to an elevation capable of
withstanding a 50-year flood and are anticipated to be constructed in conjunction with the South Bay Boulevard
Bikelanes Project funded by Proposition 116 monies; and
WHEREAS, said improvements constitute an eligible project for Regional Surface Transportation
Program (STP) funds; and
WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) established a deadline of July 2,
1993 for submittal of applications for said STP funds; and
WHEREAS, it was in the public interest to submit an application for Regional STP funding for said
improvements prior to formal authorization by the City Council to meet said submittal deadline; and
. WHEREAS, the City Council hereby approves said improvements, known as the South Bay Boulevard
Rehabilitation Project, in the amount of $300,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to ratify the
timely submittal of an application for Regional STP funding to SLOCOG for the South Bay Boulevard
Rehabilitation Project in the amount of $300,000 and authorize the City Administrator to sign all related
documents.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held on the 26th day of July, 1993 by the following vote:
AYES: Crotzer, Luna, Mullen, and Unger
NOES: None
ABSENT: Yates
ABSTAIN:
/ % Lt-�
SUSAN MULLEN, Vice -Mayor
AkTESTI -� \
BRIDGETTDAVIS, City Clerk
• MCU/LC:k2:6693
RESOLUTION NO. 64-93
RESOLUTION OF COMMENDATION TO
STEPHEN A. WOLTER
FOR HIS SERVICES AS MORRO BAY
RECREATION AND PARKS DIRECTOR
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Stephen A. Wolter commenced his employment with the
City of Morro Bay on October 27, 1982 as Recreation Director and,
subsequently, as Recreation and Parks Director; and
WHEREAS, Mr. Wolter has submitted his resignation as Morro
Bay's Recreation and Parks Director effective July 14, 1993, at
which time he will accept a position as Associate Director of
Recreational Sports at Indiana University in Bloomington, Indiana;
and
WHEREAS, Mr. Wolter's accomplishments over the past eleven
years are substantial, some of which include: development of and
improvements to Del Mar Park, Keiser Park, and Tidelands Park;
obtained over $1,000,000 in grant funding in a joint effort with
Senior Citizens, Inc. to construct a new 19,500 square foot
Community/Senior Center; developed the Recreation Department to
include parks and facilities operations and maintenance; formed the
• youth recreation scholarship program; was instrumental in
developing the long-range master plan and five-year plans for
facilities and parks; and
WHEREAS, Mr. Wolter has been recognized by the National
Recreation and Park Association and California Park and Recreation
Society for various achievements; and
WHEREAS, Stephen A. Wolter has efficiently and professionally
managed and maintained 25 acres of parks and grounds, 38,000 square
feet of buildings and a $1 million budget.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council
commends Mr. Wolter for his memorable accomplishments, and wishes
him and his family many prosperous and exciting years in the State
of Indiana.
PASSED AND ADOPTED by the Morro Bay City Council at a regular
meeting thereof held on the 12th day of July, 1993 on the following
vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
SUSAN MULLEN, Vice -Mayor
• ATTEST: _
BR GET` DAVIS, City Clerk
RESOLUTION NO. 63-93
. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY SUPPORTING
MEDICAL USE OF MARIJUANA
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay wishes to
express compassion for those who are ill in our community, and
whose sufferings would be alleviated by the use of medical
marijuana, and desire to express strong support for the restoration
of cannabis/marijuana and cannabis/marijuana medical preparations
to the list of available medicines which can be prescribed by
licensed physicians; and
WHEREAS, for the purposes of this resolution,
"cannabis/marijuana medical preparations" shall mean: all products
made from cannabis/marijuana, in any form intended or used for
human consumption, for the treatment of any disease, the relief of
pain, or as an adjunct to any medical procedure for the treatment
of cancer, glaucoma, or HIV/AIDS; or for any other medical purpose
defined within the bounds of the patient/doctor relationship; and
WHEREAS, the City Council of the City of Morro Bay does not
• advocate drug abuse or the legalization of cannabis/marijuana for
recreational use; and
WHEREAS, the City Council of the City of Morro Bay finds that
cannabis/marijuana does have beneficial medicinal value that should
be available by lawful prescription; and
WHEREAS, the City Council of the City of Morro Bay makes
findings that scientific and medical studies by the National
Academy of Sciences have shown cannabis/marijuana to be a safe and
effective medicine with very low toxicity compared to most
prescription drugs, and that cannabis/marijuana has been shown to
be effective in the treatment of glaucoma, epilepsy, multiple
sclerosis, muscle spasticity and arthritis, the nausea, vomiting
and appetite loss associated with chemotherapies, anxiety and
depression, and the symptoms of withdrawal from alcohol and
narcotics; and
WHEREAS, the City Council of the City of Morro Bay makes
findings that studies show that one-third of all cancer patients
discontinue potentially life-saving chemotherapy due to severe and
debilitating side effects, and that the same is true for many
HIV/AIDS patients receiving AZT or other similar therapies, and
that a 1990 poll of oncologists, conducted by John F Kennedy School
of Public Policy at Harvard University, found overwhelming
acceptance of cannabis/marijuana's medical utility, and that nearly
70% of the cancer specialists said they would prescribe
cannabis/marijuana if it were legal to do so; and
Is
Resolution No. 63-93
Page Two
WHEREAS, the City Council of the City of Morro Bay makes
findings that despite a federal court order recognizing the
"clearly established medical value" of cannabis/marijuana and
mandating that it be reclassified and available by lawful
prescription, the federal government continues to deny access to
this safe and effective medicine; and
WHEREAS, the City Council of the City of Morro Bay makes
findings that by its own admission the federal government continues
to deny access to cannabis/marijuana for political rather than
medical reasons, and it finds it offensive that the War on Drugs
has prevented patients from obtaining marijuana as medicine,
current policies place message before medicine, convenience before
compassion, and politics before patients.
NOW, THEREFORE, BE IT RESOLVED that within thirty (30) days of
the adoption of this resolution, the City Council of the City of
Morro Bay shall transmit the text of this resolution to the County
of San Luis Obispo and to the President of the United States, the
Governor of the State of California, and the Federal and State
Legislative Representatives of the City of Morro Bay, and urge them
to take whatever actions may be in their power to:
• A) Restore cannabis/marijuana preparations to the list of
available medicines which can be prescribed by licensed
physicians; and
B) Provide for by law and institute such mechanisms as may be
necessary, to ensure a safe and affordable supply of
cannabis/marijuana for medical use; and
C) Support California Senate Joint Resolution Number 8.
PASSED AND ADOPTED by the Morro Bay City Council at a regular
meeting thereof held on the 12th day of July, 1993 on the following
vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None i -AA -
ATTEST:
BRIDGET DAVIS, City Clerk
40
WILLIAM YATES,
0 RESOLUTION NO. 62-93
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY APPOINTING DAVID R. HUNT AS CITY
ATTORNEY AND APPROVING THE CONTRACT FOR SERVICES
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay conducted a
statewide search seeking proposals for the provision of legal
services to the City of Morro Bay which resulted in twenty-nine
applicants responding, offering possible contract city attorney
services and in-house city attorney services; and
WHEREAS, the City Council carefully considered all
applications and interviewed multiple applicants over a three month
period; and
WHEREAS, the City Council has determined David R. Hunt, Esq.
of the Law Firm of Jencks & Hunt, Attorneys and Counselors at Law,
possesses those skills and abilities necessary to be the City
Attorney and the law firm possesses the depth and resources
necessary to effectively and economically serve the City as its
City Attorney; and
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that the City of Morro Bay shall contract with the Law
Firm of Jencks & Hunt, Attorneys and Counselors at Law, to fill the
position of City Attorney of the City of Morro Bay pursuant to the
terms and conditions set forth in the contract which is attached
hereto as Exhibit "A" and hereby incorporated by reference, and
said contract is hereby approved; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that Mayor William
Yates is hereby authorized and directed to execute the contract on
behalf of the City of Morro Bay; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that David R. Hunt,
Esq. is hereby appointed City Attorney of the City of Morro Bay.
PASSED, APPROVED AND ADOPTED by the Morro Bay City Council at
a regular meeting thereof held on the 12th day of July, 1993 on the
following vote:
AYES: Crotzer,
NOES: None
ABSENT: None
Luna, Mullen, Unger, ara V^ ^
ATTEST:
40 o -4,)Q
BR DGET DAVIS, City Clerk
•
0
RESOLUTION NO. 61-93
RESOLUTION OF INTENT TO VACATE A PORTION OF HARBOR STREET RIGHT-OF-WAY
BETWEEN EMBARCADERO ROAD AND FRONT STREET
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, a petition has been received from the adjacent property owner to vacate a portion
of right-of-way on the north side of Harbor Street between Embarcadero Road and Front Street; and
WHEREAS, the area of the vacation request is generally described as a five-foot strip of right-
of-way and is more particularly delineated on a map on file at the City of Morro Bay City Clerk and
Public Works Department; and
WHEREAS, it is in the public interest to consider the vacation petition at a Public Hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that
the intent to vacate the portion of Harbor Street between Embarcadero Road and Front Street is hereby
declared; and
BE IT FURTHER RESOLVED, the vacation proceedings is conducted under, and pursuant to,
Chapter 3, General Vacation Procedure, Section 8320 et seq. of the State of California Streets and
Highways Code; and
BE IT FURTHER RESOLVED, a Public Hearing on the vacation petition will be conducted for
all interested persons at the regularly -scheduled City Council meeting on Monday, August 9, 1993
commencing at 6:00 p.m. (PDT) at the Veteran's Memorial Building, 209 Surf Street, Morro Bay,
California.
PASSED, APPROVED AND ADOPTED on the 12th day of July,1993, by the following vote,
it wit:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ABSTAIN: None
AT E$hMbT
i
GET DAVIS, City Clerk
WTE/LC#2RESO 593
/ SUSAN MULLEN, Vice -Mayor
i
WILSON LAND SURVEYS
6715 MORRO ROAD ATASCADERO, CALIFORNIA 93422
WMIBIT "A"
(805) 466-2445
That portion of land in the Town of Morro Bay, County of San Luis
Obispo, State of California, described as follows:
.Beginning at the most westerly corner of the property conveyed to A.M.
Brown by deed recorded March 1, 1930 in Book 82 of official Records at
Page 224 in the Recorder's Office of said County and State said corner
also being the most westerly corner of Parcel 33 of Parcel Map KB 68-30
as shown on the map recorded October 10, 1968 in Book 3 of Parcel Maps
at Page 10, records of said County, said point also being a 1" iron
pipe tagged RCE 8977; thence along the easterly right of way of
Embarcadero Road as shown on said map South 28944135" East (South
28029'02" East record) a distance of 52.06 feet to the most southerly
corner of said Parcel 33 being the true point of beginning; thence
along the northerly right of way of Dunes Street (formerly Sixth
street) as shown on said map North 77035'59" East a distance of 68.73
feet; thence leaving said northerly right of way South 14059'28" East a
distance of 1.87 feet to the beginning of a curve concave to the
northwest having a radius of 3.00 feet; thence southwesterly along said
curve through a central angle of 92035'27" and along an arc length of
•4.85 feet; thence South 77035'59" hest a distance of 62.11 feet to the
beginning of a curve concave to the northeast having a radius of 3.00
feet; thence northwesterly along said curve through a central angle of
73039'26" and along an arc length of 3.86 feet, thence North 28044'35"
West a distance of 2.96 feet to the true point of beginning.
The attached sketch labeled Exhibit "B" is to be used to retrace the
lines of this description.
_4 Lz_
Kenneth D. Nilson LS 5571 EXP 9-30-93
0
EXHIBIT "B"
•
=—N IIILMN IJ e691
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ems mxleo m esa-lee-uls
dTA3CdDd%l, CA BDe-lee-l9/d lAS
FD 1' IP
RCE 8977--____�
OPE
RCNYE""
R
52 p6
S28.44'35"E
2.96' �8Ag35"W
= 73'39'26'R 3.00� OFFER OF DEDICATION
L 3.86'
NORTHERLY LINE OF
82 OR 224
ABANDONMENT AREA
V
J
4i
N
T D
�L b
Z �
D
w
7 PARCEL 33 OF
cA " m
O
7° PARCEL MAP MB 68-30
rn7Q
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OFFER OF DEDICATION _
_ _ ___—_ ___ _ \ '186'
A — 92*35'27" r 28.52' rv«-
R - 3.00' N14'59'28'W
L = 4.85'
- 77'3559'E FRONT STREET
3.00
MAP OF AN ABANDONMENT OVER A PORTION OF
PARCEL 33 OF PARCEL MAP MB 68—,
• CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, CALIFORNIA
SCALE 1"-10' SHEET 1 OF 1 JUNE 1993
7
FD NAIL It TAG
RCE 8977
4�'� &-/—
KENNETH D. WILSON LS 5571
EXP 9-30-93
• STREETS AND HIGHWAYS CODE § 8320
Added Stats 1980 ch 1050 § 29.
Historical Derivation:
Former §§ 72, 835, 8308.
Law Revision Commission Comment:
1980 Addition —Section 8315 supersedes the last sentence of former Section 8308 (city streets), which
appeared to permit vacation of a state highway by a city. A state highway may be vacated only by the
California Transportation Commission pursuant to Section 8330.5.
Coltaterat References:
Miller & Starr, Cal Real Estate 2d § 15:80.
§ 8316. Combining actions
One or more streets, highways, and public service easements, whether or not
contiguous, may be included and vacated in the same proceeding.
Added Stars 1980 ch 1050 § 29.
Historical Derivation:
(a) Former § 8322.
(b) Former Gov C § 50436.
Isw Revision Commission Comment:
1980 Addition --- -section 8316 continues the substance of the second paragraph of former Section 8322 (city
streets) and the second paragraph of former Government Code Section 50436 (public service easements)
and broadens them to include county highways and state highways.
§ 8317. Proof of publication of notice
(a) Proof of publication of a notice shall be made by affidavit pursuant to the
Code of Civil Procedure. Proof of the posting of a notice shall be made by
• affidavit of the person posting it, reciting the facts of the posting.
(b) An officer required to have any notice published or posted shall file the
affidavit in his or her office. Failure to do so does not invalidate proceedings
under this part. An affidavit so filed is prima facie evidence of the facts stated
in it.
Added Stats 1980 ch 1050 § 29.
Historical Derivation:
(a) Former § 8307.
(b) Former Gov C § 50433.
Law Revision Commission Comment:
1980 Addition —Section 8317 continues the substance of former Section 8307 (city streets) and former
Government Code Section 50433 (public service easements) and broadens them to include county highways.
CHAPTER 3
General Vacation Procedure
Section
8320.
Resolution of intention
8321.
Petition
8322.
Notice; Publication
8323.
Notice; Posting
8324.
Hearing; Resolution of vacation
8325.
Recordation of resolution
§ 8320. Resolution of intention
• (a) The legislative body of a local agency may initiate a proceeding under this
Beginning in 1992,
[2 Sts & H C] iialies indicate changes or additions. ' • ` indicate omissions. 73
• § 9320 STREETS AND HIGHWAYS CODE
chapter by adopting a resolution of intention to vacate, which may be upon
its own initiative or upon a petition or request of an interested person.
(b) The resolution of intention shall include all of the following:
(1) A declaration of the intention of the legislative body to vacate.
(2) A statement that the vacation proceeding is conducted under this chapter.
(3) A description of the general location and extent of the street, highway, or
public service easement to be vacated and a reference to a map or plan, which
shows the portion or area to be vacated, on file in the office of the local agency.
In the case of a street or highway, the description shall include its lawful or
official name or the name by which it is commonly known. In the case of a
public service easement, the description shall identify it with common
certainty.
(4) The date, hour, and place for hearing all persons interested in the proposed
vacation. The date shall be not less than 15 days from the adoption of the
resolution.
(c) The resolution of intention shall be published or posted in the manner
prescribed for the publication and posting of resolutions of the legislative
body. The publication or posting of the resolution of intention shall be in
addition to any publication of notice of hearing required by Section 8322 and
the posting of notice of vacation required by Section 8323.
Added Stars 1980 ch 1050 § 29.
Former Sections:
Former § 8320, similar to present §§ 8312, 8320, was added by Stats 1941 ch 250 § 1 and repealed by Stats
• 1980 ch 1050
Historical Derivation:
(a) Former §§ 956.8, 958, 8320-8322.
(b) Former Gov C §§ 50438, 50441, § 28.
tew Revision Commission Comment:
1980 Addition —Subdivision (a) of Section 8320 indicates that a proceeding may be initiated by resolution.
For initiating a proceeding upon petition, see Section 8321. Paragraphs (1). and (2) of subdivision (b)
continue the substance of former Sections 956.8 (county highways) and 8321 (city streets) and former
Government Code Section 50437 (public service easements). The remainder of subdivision (b) and
subdivision (c) continue the substance of the first portion of the first paragraph of former Section 8322 (city
streets) and former Government Code Section 50438 (public service easements) and broaden them to
include county highways.
§ 8321. Petition
(a) Ten or more freeholders may petition the board of supervisors to vacate a
street or highway under this chapter. At least two of the petitioners shall be
residents of the road district in which some part of the street or highway
proposed to be vacated is situated and shall be taxable therein for street or
highway purposes.
(b) Five or more freeholders may petition the board of supervisors to vacate
a public service easement under this chapter. At least one of the petitioners
shall be a resident of the township in which the public service easement
proposed to be vacated is situated.
(c) The residence address of each petitioner shall be set forth in the petition.
(d) The board of supervisors may require the payment of a fee for filing a
petition to defray the expenses of investigations, mailings, publications, and
postings under this chapter.
(e) Upon the filing of a petition and the making of the deposit, if any, required
Beginning in 1992,
74 itafis indicate changes or additions. "' indicate omissions. [2 Sts & M Cl
• STREETS AND HIGHWAYS CODE § 8322
under this section, the board of supervisors, by order, shall fix the date, hour,
and place of the hearing on the petition. At least two weeks before the day
set for the hearing, the clerk of the board shall mail a notice of the date, hour,
and place of the hearing to each of the petitioners at the address set forth in
the petition.
(f) Nothing in this section shall affect the right of a legislative body to initiate
a proceeding under this chapter upon its own initiative, or upon petition or
request of an interested person, or prevent the board of supervisors from
vacating a street, highway, or public service easement without charging costs
if the board determines it is in the public interest to do so.
Added Slats 1980 ch 1050 § 29; Amended Slats 1981 ch 64 § 1.
Former Sections:
Former § 8321, similar to present § 8320, was added by Stats 1941 ch 250 § 1; Amended Scats 1959 ch
624 § 1 and repealed by Stats. 1980 ch 1050 § 28.
Amendments:
1981 Amendment: Substituted solid (d) for former subd (d) which read: "(d) The board of supervisors may
require the person filing the petition to deposit an amount reasonably sufficient to defray the expenses of
investigations, mailings, publications, and postings under this chapter. The deposit shall be made with the
county officer designated by the board. Upon completion of the proceedings, any unused portion of the
deposit shall be refunded to the person who fled the petition. If the costs exceed the deposit, the county
shall bear the excess costs."
Historical Derivation:
(a) Former §§ 957, 957.5, 958.
(b) Former Gov C § 50439.
Law Revision Commission Comment:
1980 Addition —Subdivision (a) of Section 8321 continues the substance of former Section 957 (county
• highways). Subdivision (b) continues the substance of former Government Code Section 50439 (public
service easements). Subdivision (c) is included to permit compliance with the mailing requirement of
subdivision (e). Subdivisions (d) and (f) continue the substance of former Section 957.5 (county highways)
and broaden it to include public service easements. The first sentence of subdivision (e) is drawn from
provisions of former Section 958 (county highways) and former Government Code Section 50440 (public
service easements). The second sentence of subdivision (e) is new.
§ 8322. Notice; Publication
(a) Except as provided in subdivisions (b) and (c), notice of the date, hour,
and place of the hearing on the resolution of intention or petition to vacate
shall be published for at least two successive weeks prior to the hearing in a
daily, semiweekly, or weekly newspaper published and circulated in the local
agency conducting the proceeding and which is selected by the legislative body
for that purpose or by the clerk or other officer responsible for the publication
where the legislative body has not selected any newspaper for that purpose.
(b) If the proceeding is conducted by a city and there is no daily, semiweekly,
or weekly newspaper published and circulated in the city, the notice shall be
published in some newspaper published in the county in which the city is
located.
(c) Notice need not be published under this section in either of the following
cases:
(1) Where the resolution of intention is published in a newspaper pursuant to
subdivision (c) of Section 8320.
(2) Where there is no daily, semiweekly, or weekly newspaper published and
circulating in the county in which the local agency conducting the proceeding
is located.
• Added Stats 1980 ch 1050 § 29.
Hegimmmg in 1992,
12 Sts a H Cl ioh" indicate changes or additions. ' " indicate omissions. 7$
• § 8322 STREETS AND HIGHWAYS CODE
Former Sections:
Former § 834 similar to present §§ 8316, 8320, 8323, was added by Stats 1941.ch 250 § 1; Amended Stats
1943 ch 426 § 1; Stats 1949 ch 1190 § 1; Stats 1959 ch 624 § 2 and repealed by Stats 1980 ch 1050 § 28.
Historical Derivation:
(a) Former §§ 958, 8322.
(b) Former Gov C § 50440.
law Revision Commtselon Comment: "
1M Additlon�Section 8322 is adapted from Section 5061 (The Improvement Act of 1911) and supersedes
portions of former Section 958 (county highways) and Government Code section 50440 (public-service
easements) and broadens the publication requirement to include city streets.
§ 8323. Notice; Posting
(a) At least two weeks before the day set for the hearing, the legislative body
shall post conspicuously notices of vacation along the line of the street,
highway, or public service easement proposed to be vacated. The notices shall
be posted not more than 300 feet apart, but at least three notices shall be
posted. If the line of the street, highway, or public service easement proposed
to be vacated exceeds one mile in length, the legislative body may, in lieu of
posting not more than 300 feet apart, post notices at each intersection of
another street or highway with the street, highway, or public service easement
to be vacated and at one point approximately midway between each intersec-
tion, but at least three notices shall be posted.
(b) The notices shall state the day, hour, and place of hearing and shall refer
to the adoption of the resolution of intention or to the filing of the petition.
. (c) The notices shall describe the street, highway, or public serviceeasement
proposed to be vacated. In the case of a street or highway, the description
shall include its lawful or official name or the name by which it is commonly
known. In the case of a public service easement, the description shall identify
it with common certainty. A' map or plan showing the location of the street,
highway, or public easement proposed to be vacated is sufficient compliance
with this subdivision.
Added Stats 1980 ch 1050 § 29.
Former Section:
Former § 8323, similar to present § 8324, was repealed by Stats 1980 ch 1050 § 28.
Historical Derivation:
(a) Former § 955, 958, 8322.
(b) Former Gov C § 50441.
Law Revision Commission Comment:
1980 Addition —Section 8323 is based on and supersedes a portion of former Section 955 (county
highways), a portion of the third sentence of former Section 958 (county highways), the last portion of the
first paragraphof former Section 8322 (city streets), and former Government Code Section 50441 (public
service easements). The last sentence of subdivision (c) is new.
§ 8324. Hearing; Resolution of vacation
(a) At the hearing, the legislative body shall hear the evidence offered by
persons interested.
(b) If the legislative body finds, from all the evidence submitted, that the
street, highway, or public service easement described in the resolution of
intention or petition is unnecessary for present or prospective public use, the
legislative body may adopt a resolution vacating the street, highway, or public
• service easement. The resolution of vacation may provide that the vacation
Beginning in 1992,
76 iax[is indicate changes or additions. indicate omissions. [2 Sts&.H C1
i,
83
STREETS AND HIGHWAYS CODE §30
occurs only after conditions required by the legislative body have been
• satisfied and may instruct the clerk that the resolution of vacation not be
recorded until the conditions have been satisfied.
Added Stats 1980 ch 1050 § 29.
Former Sections:
Former § 8324, similar to present §§ 8325, 8350, 8351, wasaddedby Stats 1941 ch 250 § 1 and repealed
by Stats 1980 ch 1050 § 28.
Historical Derivation
(a) Former §§ 956, 959, 8323.
(b) Former Gov C § 50442.
Law Revision Commission Commend
'? 1980 Addition —,Section 8324 continues the substance of the 5rst two seateum of former Sections 956
(county highways), 959 (county highways). and 8323 (city strata) and former Government Code section
50442 (public service easements), with the addition of language to make clear that the legislative body may
impose conditions for vacation
§ 8325. Recordation of resolution
(a) The clerk shall cause a certified copy of the resolution of vacation, attested
by the clerk tender seal, to be recorded without acknowledgment, certificate
of acknowledgment, or further proof in the office of the recorder of the county
j in which the property is located. No fee shall be charged for recordation.
(b) Upon such recordation, the vacation is complete.
Added Stats 1980 ch 1050 § 29. .
Historical Derivation . .
(a) Forma §§ 956, 1931, 8324.
r (b) Former Gov C § 50445.
law Revision Commission Comment:
1980 Addidon—Subdiviaion (a) of Section 8325 continues the substance of the third sentence of former
• Section 956 (county highways), the second sentence of former Section 960 (county highways), the second
paragraph of former Section 8324 (city streets), and former Government Code Section 50445 (public service
easements), and is comparable to Section 8336.
Subdivision (b) supersedes the portions of former Sections 960 (county highways) and 8324 (city streets)
and former Government Code Section 50444 (public service easements) that gave effect to the vacation
upon the making of an order of vacation.
CHAPTER 4
Summary Vacation
Article
1. Authority. § 8330
2. Procedure. § 8335
ARTICLE 1
Authority
Section
8330.
Street superseded by relocation
8330.5.
state highway
8331.
Impassable street
8332.
Agreement to close street
8333.
Easements
8334.
Rights -of -way
R444 I
public utilitv facilities
Beginning in 1992,
12 Sea a H 01 imiics indicate changes or additions. ' • ` indicate omissions.
9
77
• RESOLUTION NO. 60-93
A RESOLUTION OF THE CITY COUNCIL
OF THE
CITY OF MORRO BAY
AMENDING THE 1993-94 F.Y. BUDGET
•
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City adopted a budget for the 1993-94 F.Y.
on June 28, 1993 which did not appropriate funds necessary to
offer an expanded youth basketball program which will recover
750 of its costs; and,
WHEREAS, the City adopted a budget for the 1993-94 F.Y.
on June 28, 1993 which did not appropriate funds necessary to
offer a youth -at -risk program for Middle School age children;
and,
WHEREAS, the 1993-94 F.Y. Budget revenue estimates need
to be adjusted to reflect fees received from the youth
basketball program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay that the 1993-94 F.Y. Budget is amended as
attached hereto and marked Exhibit "A".
PASSED AND ADOPTED this 12th day of July, 1993 by the
following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGET!t DAVIS
CITY CLERIC
c. w. a. bdgamd
/ SUSAN MULLEN, Vice -Mayor
6
L
0
EXHIBIT "A"
CITY OF MORRO BAY
BUDGET AMMENDMENT NO. 1
DIVISION 010-0320 RECREATIONAL SPORTS (Page 39)
Item Council Council
Approved Amended
120-P/T Salaries $71,195
220-Oper. Supplies $16,500
320-Rents/Leases $18,000
$71,500
$16,800
$24,000
DIVISION 010-0360 CULTURAL ARTS AND SERVICES (Page 49)
Item Council Council
Approved Amended
120-P/T Salaries $42,100
220-Oper. Supplies $ 7,200
$46,100
$ 9,200
REVENUE BUDGET CHARGES FOR SERVICES-REC FEES (page xv)
Item Council Council
Approved Amended
Recreation Fees
$200,000
$205,000
• RESOLUTION NO. 59-93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY
CONFIRMING DIAGRAM BOUNDARIES AND LEVYING AN ASSESSMENT
FOR THE BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, on July 23, 1990 the City Council, upon written
request of all property owners in Bayshore Village did adopt
Resolution No. 97-90 ordering the formation of a landscaping and
lighting assessment district to maintain Bayshore Bluffs Park; and,
WHEREAS, on June 14, 1993 the City Council did adopt Resolution
No. 45-93 setting a hearing on the annual assessment amount for the
Bayshore Bluffs Maintenance Assessment District for July 12, 1993 at
6:00 p.m. in the Veteran's Memorial Building; and,
WHEREAS, copies of the adopted resolution of Council intent,
assessment district diagram and Engineer's report detailing the
proposed assessment and listing the date, time and place of the
protest hearing are attached to this resolution marked Exhibit "A";
and,
• WHEREAS, the City Council did hear objections of all interested
parties at a duly noticed hearing as to the levy of annual
assessment for the maintenance of Bayshore Bluffs Park on July 12,
1993 at the Veteran's Memorial Building.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that the diagram of the Bayshore Bluffs Park
Maintenance Assessment District generally located as shown on
Exhibit "A" attached hereto is hereby confirmed and the assessment
of $28,673 for the 1993-94 Fiscal Year is hereby confirmed.
BE IT FURTHER RESOLVED by the City Council of the City of Morro
Bay that adoption of this resolution shall constitute the levy of an
assessment for the 1993-94 fiscal year and the City Clerk shall file
the diagram and assessment with the County of San Luis Obispo
Auditor by the 10th day of August, 1993.
•
• RESOLUTION NO. 59-93
PAGE 2
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting thereof held this 12th day of July, 1993 by the
following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
a J �a72u�P��
SUSAN MULLEN, Vice -Mayor
ATTEST:
�T✓`n tJ�r"u
BRIDGETT3DAVIS
CITY CLERK
• c/u/council/res59-93PP
0
EXHIBIT "A"
i
ENGINEERS REPORT
BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT
PREPARED BY:
STEPHEN A. WOL tR
)R, RECREATION AND PARRS
JUNE 3, 19
9
BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT
. NAME: Bayshore Bluffs Park Maintenance Assessment District
DIAGRAM: Attached
PLANS AND SPECIFICATIONS: There are no improvement plans. The
specifications for the annual maintenance are attached. No bonds or
notes will be issued for this Maintenance Assessment District.
ESTIMATED COST OF MAINTENANCE: The following outlines the
recommended budget for the 1993-94 F.Y. maintenance of Bayshore
Bluffs Park.
022-0370 - BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT
OBJECT 110-169: Personnel Services $12,706.00
15 Hours/Week at $ 16.29/hour
productive hourly rates
OBJECT 230: Repair and Maintenance Supplies $ 1,500.00
• Miscellaneous items to repair vandalism,
lights, park furniture, signs, etc.
OBJECT 351-353: Insurances $ 90.00
OBJECT 360: Public Utilities $ 3,739.00
. • Electricity, Garbage, Restroom, Water/Sewer
OBJECT 370: Repair and Maintenance Services $ 6,000.00
• Additional Electrical Repair Anticipated
• Tree Trimming
OBJECT 390: Miscellaneous Services $ 400.00
• Sign Refurbishment and Repair, Uniforms
OBJECT 790: Costs Applied $ 2,238.00
• Inspections for Contract Compliance $500
• 15 Minutes Weekly by Lead Worker
• Annual Administration of Assessment $413
5 Hours Annually by Recreation and Parks
Director $354, 1 Hour Annually by Finance
Director $59
• Administration of Contract $850
1 Hour Monthly by Recreation and Parks
Director
• Accounts payable $62
10 Minutes Monthly by Accounts Payable Clerk
TOTAL BUDGET $26,673.00
1991-92 F.Y. DEFICIT PROJECTED $ 2,000.00
• 1992-93 F.Y. ANNUAL ASSESSMENT FOR MAINTENANCE $28,673.00
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MAINTENANCE SPECIFICATIONS
BAYSHORE BLUFFS PARK
is
INDEX TO LANDSCAPE MAINTENANCE SPECIFICATIONS - BAYSHORE BLUFFS PARK
PAGE NO. DESCRIPTION
INDEX
MAINTENANCE:
MAINTENANCE:
4 MAINTENANCE
5 MAINTENANCE
6-7 MAINTENANCE:
8 TREE PRUNING:
9 TREE PRUNING:
10 MAINTENANCE:
11 MAINTENANCE:
0
SCOPE, SUBMITTALS, QUALITY ASSURANCE,
INSURANCE, LICENSES
PLANT MATERIAL, SOIL AMENDMENT, HERBICIDES,
PESTICIDES, IRRIGATION MATERIALS, EXECUTION -
LAWNS
EXECUTION - LAWNS, GROUND COVER, TREES AND
SHRUBS
EXECUTION - IRRIGATION SYSTEM, WATER
SCHEDULE, DEBRIS AND LITTER, EXTRA WORK
APPENDIX I - PLANT LIST
DESCRIPTION, QUALITY ASSURANCE, EXECUTION -
SURFACE CONDITIONS, TREE WORK PROCEDURES.
TREE WORK PROCEDURES
TIMBER STRUCTURES
TIMBER STRUCTURES
• LANDSCAPE MAINTENANCE
PART 1.00 - GENERAL
1.01 SCOPE
A. Provide all labor, equipment and supervision required to properly maintain
the landscaped areas in a healthy, vigorously growing, weed -free, attractive
condition for a one-year period.
1.02 SUBMITTALS
A Furnish Owner and/or Owner's authorized agent a landscape maintenance
schedule delineating specific tasks and timing of said tasks.
B. Maintain and furnish upon request accurate records to include, but not be
limited to materials used, application rates, dates of application, observations
and occurrence of extraordinary events.
1. 0 3 QUALITY ASSURANCE, WORK FORCE AND PERFORMANCE
A. Prior to beginning work described in this section, the Contractor shall review
all on -site portions of work, its extent, and proposed methods of execution.
• b. All work shall be completed under the supervision of a qualified landscape
maintenance person.
c. All work shall be performed in accordance with standard horticultural
practices, using modern techniques accepted by the industry. The appearance
and health of the landscape shall be considered over methods and procedures.
d. All work shall be performed with the utmost concern for the health, safety and
welfare of the public.
1 .04 INSURANCE
A. Contractor shall supply certificates of insurance for Workmen's Compensation,
General Liability and Auto Liability Insurance upon award of contract.
B. An endorsement naming the City of Morro Bay, its officers and employees as
additional insured shall be provided. Insurer shall have a minimum "A" rating
and be licensed to operate in the State of California. A minimum insurance
amount of $500,000 shall be required of the selected Contractor.
1 . 0 5 LICENSES
A. Contractor shall have a valid California Landscape Contractor's License (C-27).
B. Contractor shall have a valid California Pest Control Operator License.
• C. Contractor shall be responsible for obtaining any and all City, County, State
and/or Federal permits or Licenses.
2
PART 2.00 - MATERIALS
2.01 PLANT MATERIAL
46 A. Any replacement plants shall be of the same species and variety, and shall be
fresh, well -established, vigorous, of normal habit of growth, free of disease,
insects, insect eggs and larvae. Plants shall have a healthy, normal root system,.
well filling their containers, but not to the point of being root bound.
B. Replacement sizes shall be 5-gallon for shrubs and 15-gallon of trees.
2.02 SOIL AMENDMENT
A. Fertilizer shall consist of 16-6-8 and 21-7-14 commercial fertilizer.
2.03 HERBICIDES
A. Post -emergence (established lawns): "Ortho Weed-B-Gone" or approved equal.
B. Post -emergence (existing weeds): "Round -up" or approved equal.
C. Pre -emergence (prior to seed germination): "Ronstar" or approved equal.
2.04 PESTICIDES
A. Upon diagnosis by a qualified horticulturist, entomologist and/or pathologist,
apply the recommended material as per manufacturer's specifications.
• 2.05 IRRIGATION MATERIALS
•
A Any replacement parts eg. pipe & fittings, riser & heads, valves and/or etc.
shall be of the same type and manufacturer as originally installed.
PART 3.00 - EXECUTION
3.01 MAINTENANCE - LAWNS
A. Frequency of mowing will depend on current weather and growing conditions. If
weather and soil conditions prohibit efficient mowing, lawns shall be mowed at
the earliest appropriate time.
B. No lawn growth shall be allowed to exceed 3" in height. Mow lawns to a
minimum 2" height.
C. All lawn clippings shall be caught and removed at time of mowing.
D. Mechanical edging along sidewalks and curbs shall be performed every mowing.
Lawns bordering ground cover areas shall be edged every other mowing.
E. Turf shall be trimmed around all sprinklers and other objects as necessary to
allow for proper functioning and prevent damage. At no time shall "weed -
eaters" be utilized around base of trees.
3
• 3.01 MAINTENANCE - LAWNS (CONTINUED)
F. Replace and/or repair 2' X 4' redwood header and/or 3-lam bender board as
required.
G. Grasses shall be prevented from spreading into ground cover areas.
H. All lawns shall be fertilized according to their individual needs to maintain good
health, vigor and color throughout the year.
I. Application schedule/rates:
April - September
16-6-9 at 16/1000 sq. ft.
October - March
21-7-14 at 8#/1000 sq. ft.
K. Weed control - All lawns shall be treated with broadleaf herbicides as required
or weeded by hand. If weed eradication leaves thin, patchy or bare spots, replace
sod/seed of like kind.
3, 0 2 MAINTENANCE - GROUND COVER
A. Ground covers shall be maintained within designated areas.
• B. Maintain ground cover to establish a solid mass. Replace any areas showing
spottiness as required.
C. Ground cover shall be prevented from invading shrubs, climbing trees or
becoming a nuisance to buildings.
D. Fertilize ground cover to correct any signs of nutritional deficiency or to
promote additional growth. (see schedule/rates under lawns 3.01 I.)
E. Weed Control - All ground cover areas shall be maintained in a weed free
condition. Manually eradicate or chemically treat obnoxious weeds as required.
3.03 MAINTENANCE - TREES & SHRUBS
A Prune to promote structural strength and accentuate the plant's natural forms
and features within the limitations of space.
B. Boxing, balling and/or formal shearing of shrubs shall be avoided.
C. See Appendix I (attached) for all plant materials on -site and specific
requirements.
D. Fertilize to correct any signs of nutritional deficiency or to promote additional
growth.
• E. Check for signs of insect or pest damage on a regular basis. Implement
corrective measures as required.
•
•
r]
F. Staking & Tying - Stakes and ties shall be adjusted to prevent girdling and
chafing and shall be removed as soon as trees show signs of inherent stability.
3.04 MAINTENANCE IRRIGATION SYSTEM
A. Monthly inspection and service of irrigation system to include:
-Run each system individually by switching to "manual" on controller clock.
-Check each system for proper coverage and adjust heads accordingly.
-Flush out all quick couplers.
-Clean drip system filter.
-Check all drip system emitters for proper flow.
B. Inspect backflow prevention device annually as per San Luis Obispo County
Health Agency Cross connection Control Ordinance 91175.
C. Replace and/or repair system(s) as required.
3.05 WATERING SCHEDULE AND APPLICATION RATES
A Apply enough water to insure a 6 to 10 inch soil penetration. This may require
from one or more inches of water per week.
B. Apply water in one application at a rate that will permit maximum soil
penetration with a minimum of run-off.
C. Watering shall be applied as supplements to rainfall. Adjust timing and rates
according to current weather conditions.
3.07 DEBRIS AND LITTER
A Remove all debris accumulated as a result of normal maintenance operations.
B. Remove all debris and litter on a daily basis from all landscaped areas,
parking lot and adjacent street areas.'
C. Do not use trash receptacles on -site for debris or litter disposal.
D. Remove all ashes in barbecue grills on a monthly basis.
E. Empty all trash containers to trash dumpster daily.
3.08 EXTRA WORK
A All removal or replacement of plant, irrigation or miscellaneous landscape
material shall be provided as an extra upon authorization of the Owner/Owner's
Agent.
B. All fertilizer, herbicide and/or pesticide material shall be provided as an extra.
Submit receipts to Owner or Owner's Agent to verify quality and quantity.
C. Any products or services not otherwise specified here in shall be negotiated
between the Contractor and Owner or Owner's Agent.
END OF SECTION
5
APPENDIX I
LANDSCAPE MAINTENANCE
u
•
I]
PLANT LIST
BAYSHOFIF BLUFFS PARK
TREES NOTES
Existing:
EUCALYPTUS GLOBULUS
Blue Gum
PINUS RADIATA
Monterey Pine
CUPRESSUS MACROCARPA
Monterey Cypress
New:
MELALEUCA QUINQUENERMA
Cajeput Tree
SHRUBS/HERBACEOUS PERENNIALS
MYOPORUM LAETUM
NCN
JUNIPERUS PROCUMBENS NANA
Japanese Garden Juniper
SOLLYA HETEROPHYLLA
Australian Bluebell Creeper
ASPARAGUS'SPRENGERI'
Sprenger Asparagus
MORAEA BICOLOR
Fortnight Lily
CERASTIUM TOMENTOSUM
Snow in Summer
ARMERIA MARITIMA
Thrift, Sea Pink
CAMPANULA GARGANICA
Bellflower
NEPHROLEPSIS EXALTATA
Sword Fern
All existing trees shall be pruned,
as required, pursuant to attached
TREE PRUNING SPECIFICATIONS.
Do not shearl Prune selected branches
to a well -placed side branch to empha-
size open, up -right growth habit.
Prune only to shape into a broad based,
billowing mass.
Prune only to keep foliage clear of curb
face and gutter. Watch for spider mites,
aphids, twig borers and blight.
Do not shearl Tip prune to retain
bushiness. Watch for scale insects.
Trim out old thorny shoots to make room
for new growth. Feed in spring with a
complete fertilizer.
Cut flower stems to ground after
blossoms fade. Break off forming seed
pods to increase flower production.
Shear flowers after bloom. Divide in
fall or early spring.
Shear flowers after bloom. Feed Ix/year
with slow release fertilizer.
Divide clumps in fall every 3 - 4 years.
Watch for snails and slugs.
Cut back old or unattractive fronds after
new growth has started in spring.
n
PO L/AmIr L1124
"MEADOW" PLANTING NOTES
A combination of Herbaceous annuals, FALL: Reseed disturbed and/or non -
Perennials & Grasses vegetated areas (see non -irrigated seed
mixture)
Non -Irrigated Seed Mixture
LLbs/Acre
Lasthenia glabrata
1.0
Bromus mollis
20.0
Dimorphotheca aurantiaca
3.0
Eschscholtzia californica
5.0
Trifolium hirtum
30.0
20-9-9 Nitroform Fertilizer
(or equal as approved by
Landscape Architect.)
•
0
WINTER: Survey entire park area
(includes bluffs) prior to and immediately
after rains to check for proper drainage
and potential erosion problems.
Immediately correct any problems. If
temporary drainage and erosion control
measures are not sufficient, contact Owner
or Owner's Agent.
SPRING: Remove obnoxious weed species
to allow for growth and establishment of
seed mixture.
LATE SPRING/EARLY SUMMER: After
bloom and seed head production
(production for next year's crop), mow
entire park area. Edge along all
pedestrian/bike paths to provide proper
clearance. Mowing may occur throughout
summer months to prevent a fire hazard
and retain a more orderly and tidy
condition.
E
TREE PRUNING
PART 1.00 - GENERAL
1 .01 DESCRIPTION
Work includes, but is not necessarily limited to, tree pruning as shown on drawings and
described below.
1.02 QUALITY ASSURANCE
A Prior to beginning work described in this section, the Landscape Architect shall
review all on -site portions of work, its extent, and proposed methods of execution.
Do not begin any work without review and approval of Landscape Architect.
B. All tree pruning shall be done by a qualified tree person, with a minimum of five
years prior experience in similar work, and subject to Landscape Architect's
approval.
2.00 EXECUTION
• 2,01 SURFACE CONDITIONS
A. Inspection
1, Prior to all work in this section, carefully inspect work of all other trades and
verify that such work is complete to the point where this work may properly
commence.
B. Discrepancies
1 . In the event of discrepancies, immediately notify the Landscape Architect.
2. Do not proceed with work in areas of discrepancy until all such discrepancies
have been fully resolved.
2. 0 2 TREE WORK PROCEDURES
A. Per Landscape Architect's direction, clearly identify all trees and major limbs to be
removed.
B. General Pruning Requirements
1. Where possible, the trimming shall respect the natural shape and form of
existing trees. For example, the weeping habit of trees shall be retained where
no ground height restrictions nor safety conflicts occur.
• 2. Thin crowns by a maximum 25% as required, to promote light penetration and
air circulation. Avoid indiscriminate overthinning.
EJ
• 2 .0 2 TREE WORK PROCEDURES (CONTINUED)
3. Avoid stub cutting. Trim to an attractive, natural appearance by removing
entire limbs and/or drop crotching, (cutting to laterals of sound wood).
4. Care shall betaken to avoid cuts which cause ripping. Where a significant rip
occurs, rip shall be surgically traced to promote healing and minimize die -back.
5. Finish cuts shall be relatively flush, but shall retain ring collars. Avoid long
cuts. Strive for a minimum cut cross section without leaving a stub.
C. Site Specific Pruning Objectives
1 . Safety pruning shall consist of minimizing potential splits and breakage. Reduce
weight by thinning and heading back to laterals.
2. Remove deadwood as follows
Building sites and primary use areas;
a) Trim entire tree (secondary and tertiary limbs) to a reasonably
'deadwood free' condition.
Individual trees and groves in secondary areas;
a) Remove major deadwood and all potentially hazardous wood.
• 3. Corrective pruning:
Remove all weak V-crotch scaffolds where weight reduction alone will not
adequately protect against potential splitting.
4. Surgical pruning:
Trace all large wounds along trunk and primary scaffolds to encourage
healing. Remove dead and punky wood in cavities at base of trunks as
directed by Landscape Architect. Sever exposed girdling roots as directed
by Landscape Architect.
S. Chemically treat significant trees for insect damage as directed by Landscape
Architect.
6. Trees previously removed but sprouting secondary growth shall be
trimmed annually to remove all secondary growth.
0
TIMBER STRUCTURES
•PART 1.00 -GENERAL
1.01 DESCRIPTION
Work includes, but is not limited to, repair and/or maintenance of park "Lookout'structure & Beach Stairs",
for a time period as described in the Contract documents.
1.02 QUALITY ASSURANCE
A. Prior to the beginning of the maintenance period, the City Representative and/or Landscape
Architect shall schedule a meeting with the Contractor to discuss/review all work, extent,
schedule, and proposed methods of execution.
All work shall be performed by a qualified/licensed Contractor.
All work shall be performed with the utmost concern for the health, safety, and welfare of the
public.
1,03 INSURANCE
A. Contractor shall supply the City with Certiicates of Insurance for Workman's
Compensation, General Liability, and Auto Liability upon award of Contract.
PART 2.00 - MATERIALS
2.01 A. The materials used in the repair and/or maintenance of "timber structures" shall conform to the
0
following requirements:
L]
1. Replacement Structural Timber & Lumber -
a. Replacement structural limber and lumber shall be of similar species, grade,
and size as existing.
b. When preservative treatment of timber and lumber is required, the treatment
shall conform to the provisions in Section 3.06, "Preservative Treatment of
Lumber, Timber, and Pilings".
2. Replacement Hardware - Replacement hardware shall consist of bolts with the
necessary nuts and washers, timber connectors, nails, spikes, and other metal
fastenings, and shall be similar to existing in every way.
3. Replacement Lighting - All replacement lighting parts shall be equal in every way to
existing lighting parts.
i Ll : i ��rI�a�3x�11II CiI r►1
3.01 INSPECTION
Inspection of park "Lookout & Beach Stairs" shall take place semi-annually and shall cover deterioration of
timber and lumber, cracks or fatigue in metal hardware, erosion around and/or under pilings and
foundation poles, warping and/or weathering of materials which may create a hazard to public use,
any needed replacement of lighting system, and clean-up of all portions.
it$]
3.02 REPAIR AND REPLACEMENT OF STRUCTURAL & NON-STRUCTURAL COMPONENTS
A. Non-structural materials (includes minor timber, lumber, and/or hardware) shall be replaced as
necessary with a written report to the City every 6 months.
B. Structural damage and/or materials replacement shall be reported immediately to the City for their
inspection and recommendation on Contractor course of action (provide City with hourly labor
rate to perform work).
3.03 EROSION OF FOUNDATION
A. Contractor shall perform all minor earthwork necessary to maintain daily use by the public
(minor earthwork to include non -hazardous grading and/or backfilling, and shall be performed by
hand only!).
B. Major erosion shall be reported immediately to the City (prior to any work performed) for their
consideration and recommendation (provide City with hourly labor rate to perform work).
3.04 LIGHTING SYSTEM
A. Replace bulbs, lenses, minor wiring/wire connectors, and fuses with similar parts as needed.
B. Replacement of lighting fixtures, conduit, major wiring, photo cells, and/or lighting system shall
not be performed without written consent of the City (provide City with cost estimate to perform
work ynclude all materials and labor).
3.05 CLEANING
• A. Clean-up of "Lookout & Beach Stairs" shall occur monthly and shall include removal of all trash on
or around structures, and sweeping of all decking, steps, guardrails and handrails (the use of
potable water to spray -sweep is prohibited).
B. Steam cfesrring of slructuresshall'occur quarterly and shall include deck, steps, and handrails
for removal of heavy dirt, gum, bird excrement, etc.
3.06 PRESERVATIVE TREATMENT OF LUMBER, TIMBER, & PILINGS
A. All replacement lumber, timber, and pilings which require preservatives and/or treatment shall
conform to AWPA Standards, Manual of Recommended Practice.
B. Brush methods to preserve existing lumber, timber, and pilings may include water sealant for
exposed areas, and/or creosote/asphalt emulsion in areas with soil contact.
C. Contractor shall provide the City with a semi-annual report (twice a year) detailing existing
conditions, proposed treatment, and materials which will be required (provide City with hourly
labor rate to perform work).
D. Painting of Galvanized Hardware -
t. Painting of all galvanized hardware shall take place on an as -needed basis to be
determined by the City after consideration of the Contractor's semi-annual report.
2. All surfaces to be repainted shall be cleaned and prepared prior to application.
3. Apply two (2) coats of urethane or epoxy paint (color shall match existing).
• 4. Contractor shall provide City with cost estimate to perform work (include all materials and
labor).
END OF SECTION
RESOLUTION NO. 45-93
A RESOLUTION OF THE CITY COUNCIL
DECLARING THE CITY'S INTENTION TO LEVY AN
ANNUAL ASSESSMENT FOR THE
. MAINTENANCE ASSESSMENT DISTRICT FOR
BAYSHORE BLUFFS PARR
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, all property owners in Bayshore Village are required
by the Coastal Commission to pay for the maintenance of Bayshore
Bluffs Park which is accomplished through the levy of an annual
assessment; and,
WHEREAS, the Landscaping and Lighting Act of 1972 enabled the
City to form an assessment district in July, 1990 designated as the
Bayshore Bluffs Park Maintenance Assessment District; and,
WHEREAS, the annual maintenance costs, specifications for
maintenance and Bayshore Bluffs Park Maintenance Assessment District
boundaries are listed in the District Engineer's Report authored
annually by the Recreation and Parks Director as labeled Exhibit "A"
attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that it is the intent of the Council to order the levy
of an annual assessment to maintain Bayshore Bluffs Park generally
located as shown in Exhibit "A" attached hereto at a public hearing
to be held July 12, 1993 at 6:00 p.m. in the Veteran's Memorial
. Building, 209 E. Surf Street, Morro Bay, CA.
BE IT FURTHER RESOLVED by the City Council the improvements to
be maintained at Bayshore Bluffs Park are specified in the District
Engineer's Report dated June 3, 1993 which is hereby approved.
BE IT FINALLY RESOLVED by the City Council the assessment upon
assessable lots within the district is proposed to total $28,673 or
$398.24 per assessable parcel in the 1993-94 Fiscal Year.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting thereof held this 14th day of June, 1993 by the
following roll call vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
c/w/admin/res45-93
BRIDGET95DAVIS, CITY CLERK
RESOLUTION NO. 58-93
• RESOLUTION CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED
ABATEMENT PROCEDURE AND MAKING ASSESSMENTS
THE CITY COUNCIL
City of Mono Bay, California
WHEREAS, the City of Morro Bay Ordinance Title 8, Chapter 8.12 requires the abatement of
weeds and other nuisances on a yearly basis; and
WHEREAS, weeds and other nuisances have been abated as per Title 8, Chapter 8.12 of the Morro
Bay Municipal Code for the year 1992; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California as
follows:
1. That no objections to said report and assessment have been made;
2. That the written report now being submitted to the City Council by City staff setting forth an itemized
report of the cost of abatement in front of or on each separate parcel of land where work was done by the
Contractor is hereby approved as submitted;
Said report shall be filed in the office of the City Clerk and said City Clerk shall file a certified copy of said
report with the San Luis Obispo County Auditor on or before August 10th of each year, and
4. The County Auditor shall thereon enter each assessment on the County Tax Roll opposite the parcel of
land, and shall thereupon proceed to collect such assessments in accordance with the provisions of
Government Code Sections 39581 through 39588 inclusive.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held
on the 12th day of July, 1993, by the following vote:
AYES: Crotzer,
NOES: None
ABSENT: None
ABSTAIN:
ATTEST:
Luna, Mullen, Unger, and Yates
BRIDGET DAVIS, City Clerk
dr:bid92-04
/ SUSAN MULLEN, Vice Mayor
CERTIFICATION OF CITY GERK
BridBett Davis _ ,CLERK
OF THE CfTY OF MORRO Bi Y r00 HEREBY CERI'tFY
THAT THE FOREGOING 4_. A. A 'I RUE AND CORRECT
CUPY OF Resolution ( No._ 58-93___
PASSED BY 9;fE CITY C OUNC[L OF TF,E CITY OF
WORNO HAY AT A. F?{ ZULAR MEEFING THEREOF
HELE) oN T HE,._12th..y C. ,%Yt.,r_Jul_.z893
Suly 13, 1993
oAi-En:_��__ n
,M. Y CLLHm.
IsEAQ
L
. CITY OF MORRO BAY
1993 WEED ABATEMENT CHARGES
$15.50/hr
$25.00/hr
$25.00/cu.yd
Total Cost
Assessor's
Tractor
Hand
Cleared/Dis-
Total
Plus 30%
Parcel No.
Time
Time
Posed
Cost
Admin. Fees
1.
065-032-043
0
.7
2.0
$ 67.50
$ 87.76
2,
065-051-034
0
1.0
.25
$ 31.25
$ 40.62
3.
065-057-018
1.0
3.0
11.00
$365,50
$475.14
4.
065-081-050
1.8
3.0
6.0
$252.90
$328.78
5.
065-091-014
.5
1.0
1.5
$119,75
$155.68
6.
065-149-010
0
1.7
0
$ 42.50
$ 55.24
7.
065-150-008
0
3.0
0
$ 75.00
$ 97.50
8.
065-182-008
4.0
3.0
0
$137.00
$178.10
9.
066-024-014
.8
2.3
4.0
$169.90
$220.86
10.066-024-017
1.3
3.8
5.0
$240.15
$312.20
11.066-034-004
1.0
3.0
2.5
$153.00
$198.90
12.066-084-063
1.5
4.5
7.0
$310.75
$403.98
13.066-085-008
.7
2.0
2.0
$110.85
$144,10
14.066-085-009
.8
2.5
5.0
$199.90
$259.86
15.066-093-013
.3
1.0
.5
$ 42.15
$ 54.80
•16.066-095-004
0
1.0
4.0
$125.00
$162.50
17.066-117-011
.9
2.8
8.0
$283.95
$369.14
18.066-132-010
.4
1.3
1.0
$ 63.70
$ 82.82
19.066-141-002
.6
1.8
2.0
$104.30
$135.58
20.066-165-106
2.5
7.5
11.0
$501.25
$651.62
21.066-187-011
0
3.3
9.0
$307.50
$399.76
22.066-222-041
0
1.7
2.5
$105.00
$136.50
23,066-252-004
0
3.5
4.0
$187.48
$243.74
24.066-254-010
.6
1.8
5.0
$179.30
$233.10
25.066-263-003
0
2.8
2.0
$120.00
$156.00
26.066-265-005
.6
1.8
1.0
$ 79.30
$103.10
27.066-265-025
.7
2.0
4.0
$165.85
$215.62
28.066-301-041
.2
2.5
3.0
$140.60
$182.78
29.068-153-029
.5
5.5
8.0
$345.25
$448.82
30.068-192-010
0
.8
1.5
$ 57.50
$ 74.74
31.068-214-015
.7
2.7
7.0
$253.35
$329,36
32.068-241-010
.8
3.8
5.0
$232.40
$302.12
33.068-251-013
.6
2.4
6.0
$219.30
$285.08
34.068-251-014
.6
2.4
6.0
$219.30
$285.08
35.068-251-019
1.0
4.2
6.0
$270.50
$351.66
36.068-252-022
0
5.0
6.5
$287.50
$373.76
37.068-253-028
0
5.0
9.0
$350.00
$455.00
• 38,068-253-036
0
5.0
9.0
$350.00
$455.00
1993 WEED ABATEMENT CHARGES
Page 2
$15.50/hr
$25.00/hr
$25.00/cu.yd
Total Cost
Assessor's
Tractor
Hand
Cleared/Dis-
Total
Plus 30%
Parcel No.
Time
Time
Posed
Cost
Admin. Fees
39.068-253-041
1.2
5.8
8.0
$363.60
$472.68
40.068-253-045
.7
3.3
4.0
$193.35
$251,36
41.068-254-001
0
2.0
2.5
$112.50
$146.26
42.068-254-002
0
2.0
2.5
$112.50
$146.26
43.068-254-011
1.5
10.0
8.0
$473.25
$615.22
44.068-255-002
.8
3.8
6.0
$257,40
$334.62
45.068-255-003
.8
3.8
6.0
$257.40
$334.62
46.068-258-008
0
1.0
5.0
$150.00
$195.00
47.068-258-018
.8
3.8
8.0
$307.40
$399.62
48.068-258-024
.8
3.8
8.5
$319.90
$415.86
49.068-274-003
1.3
5.0
6.0
$295.15
$383.68
50.068-321-008
0
.8
1.5
$145.00
$188.50
51.068-322-016
.2
4.7
7.0
$295.60
$384.28
52.068-322-027
0
3.3
5.0
$207,50
$269,76
• 53.068-340-020
.8
1.3
2.7
$112.92
$146.78
54.068-340-021
.8
1.3
2.7
$112.92
$146.78
55.068-340-022
.8
1.3
2.7
$112.92
$146.78
dr:weedchrg
0
TOTAL $11.095.74 $14.424.46
0 RESOLUTION NO. 57-93
AUTHORIZATION FOR WAIVER OF BERTHING FEES
FOR THE TALL SHIP LADY WASHINGTON
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay has a long and distinguished
maritime tradition and therefore takes pride in hosting the tall ship
Lady Washington, a 112 foot replica of the vessel which explored the
Pacific Northwest and the Hawaiian Islands in the late 1780's under
the command of Captain Robert Gray, and
WHEREAS, the Lady Washington is planning a Pacific Expedition,
and is tentatively scheduled to visit Morro Bay from December 1
through December 7, 1993 and will be offering shipboard educational
programs to local schools and the public, and;
WHEREAS, the Lady Washington has formally requested a waiver of
berthing fees during her stay in Morro Bay, and;
WHEREAS, the City of Morro Bay has provided berthing to other
•historical vessels and replicas in the past because of the unique
opportunity they provide for people to get a close range view of such
vessels and the educational programs the vessels provide.
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of
Morro Bay that the City does hereby waive fees for the berthing of the
tall ship Lady Washington during her visit to the City of Morro Bay.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 12th day of July, 1993, by
the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
BRIDGETT�DAVIS, CITY CLERK
0
SUSAN MULLEN, Vice -Mayor
RESOLUTION NO. 56-93
RESOLUTION RATIFYING SAN LUIS OBISPO COUNCIL OF GOVERNMENTS JOINT
POWERS AGREEMENT FOR FY 1993/94
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the San Luis Obispo Council of Governments was created by a Joint Powers
Agreement between the County of San Luis Obispo and each of the cities therein; and
WHEREAS, Section IV of said Agreement provides that membership in the San Luis
Obispo Council of Governments is contingent upon annual ratification by member agencies; and
WHEREAS, the City of Morro Bay desires to continue its membership in the San Luis
Obispo Council of Governments during FY 1993/94,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
hereby ratifies the San Luis Obispo Council of Governments Joint Powers Agreement for FY
1993/94, attached hereto and incorporated herein by reference, and authorizes the Mayor to
execute said Agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the July 12, 1993 by the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None
ABSENT: None
ABSTAIN: None
SUSAN MULLEN, Vice -Mayor
ATTEST:
BRIDGETT DAVIS, City Clerk
MCU/LC:#2:5693