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Resolution 01-94 to 63-94
• RESOLUTIONS 1994 NO. TITLE ADOPTED 01-94 Granting a Certificate of Public Convenience and Necessity 01-10-94 02-94 Establishing the Number of Members And Cotp�t�poSSition of the Morro Bay fj�J S 01-10-94 CaAP- 0.d-Eka C4ftMtbj., 03-94 Opposing United States Navy Proposed Shock Testing Operations Seaward of The Channel Islands 01-24-94 • 04-94 Approving the 1993 Annual Water Report And Adopting a Water Allocation Program For Fiscal Year 1994-95 01-24-94 05-94 VOID 06-94 Supporting the Naming of that Portion of That Portion of Highway 41 Between Route 101 and Route 1 "The E.G. Lewis Highway" 01-24-94 07-94 Recommending Approval of an Amendment To the Local Coastal Plan and General Plan Adding the Water Management Plan as an Implementation of the Existing General Plan And Local Coastal Plan Policies and Programs 02-28-94 08-94 Approving the City of Morro Bay Waste Diversion Policy and Recycled Product Purchasing Policy 03-28-94 • RESOLUTIONS 1994 NO. TITLE ADOPTED 09-94 Authorizing Master Lease Agreement, Signatories and Notice of Intent to be Reimbursed 02-14-94 10-94 In Support of Californians for Parks And Wildlife Bond Act of 1994 02-14-94 11-94 Setting City Policy for Administration Of the Anchor Memorial and Authorizing Installation of a Plaque Honoring Andy Zatko for his Contributions to the Community 02-28-94 • 12-94 Approval of Amendment to Lease for Lease Site 96-96W 02-28-94 13-94 Approval of Assignment of Lease for Lease site 96-96W 02-28-94 14-94 Accepting an Offer of Dedication of Street Right -of -Way Along Atascadero Road: Offer of Easement in Favor of The City of Morro Bay as Shown on Parcel Map MBAL 92-016 02-28-94 15-94 Amending By -Laws of the Water Advisory Board to Accommodate Change In Meeting Times and Location 02-28-94 • RESOLUTIONS 1994 NO. TITLE ADOPTED 16-94 Approval of Assignment of Lease Site 78-81/78W-81 W from Flying Dutchman Enterprises, Inc. to Van Beurden Investments Contingent Upon City Attorney Approval Of Final Documents 03-14-94 17-94 Approval of Sublease of a Portion of Lease Site 67-67W 03-14-94 18-94 Declaring Weeds a Nuisance and Potential Fire Hazard and Authorizing the Public Works • Department to Proceed with Abatement 03-14-94 19-94 Designating Funds from the General Fund To Support the Loan Guaranty of the Facade Improvement Program 03-14-94 20-94 Appointing North Coast Engineering, Inc. As Acting City Engineer 03-14-94 21-94 Authorizing the City Treasurer to Enter Into a Master Charge Card Agreement 03-28-94 22-94 Ratifying the Submittal of Applications for Regional Surface Transportation Funding For a Park and Ride/Bus and Ride Lot North Main Street Bike Lanes and Pavement Rehabilitation 03-28-94 • RESOLUTIONS 1994 NO. TITLE ADOPTED 23-94 In Support of Urging the District Attorney's Office and the Courts to Adopt a "Zero Tolerance Policy" for Persons Found Guilty Of Illegal Gun Possession 03-28-94 24-94 In Support of Assembly Bill 2444 to Protect California's Coastline from Increased Off -Shore Oil and Gas Development 03-28-94 25-94 Approval of Amendment to U.S. Coast Guard Berthing Agreement for Use of the • North T-Pier 03-28-94 26-94 Approval of Twelve Year Lease Agreement For Lease site 37W 03-28-94 27-94 VOID 28-94 In Support of Assembly Constitutional Amendment 34 Designed to End State Government's Practice of Passing Un-funded Mandates to Local Governments 03-28-94 29-94 Intention to Approve an Amendment to Contract Between the Board of Administration Of the Public Employees' Retirement System And the City of Morro Bay 04-11-94 30-94 Adjusting the Fiscal Year 1993/94 Budget For Community Development Department 04-11-94 • RESOLUTIONS 1994 NO. TITLE ADOPTED 31-94 Authorizing Access to Sales and. Use Tax Records Pursuant to Revenue and Taxation Code Section 7056 04-11-94 32-94 Amending Construction Schedule for Underground Utility District No. 5, Morro Bay Blvd. — Highway 1 to Bernardo 05-23-94 33-94 Amending the City Master Fee Schedule To Provide for Modification of Public Works Department Engineering Services . Fees 04-25-94 34-94 In Support of Local Preservation Programs At Risk 04-25-94 35-94 Award Bid for Weed Abatement Services to Morro Creek Nursery 04-25-94 36-94 Ratifying the Submittal of Applications for Federal Transit Administration Section 18 Grant Funds for One Replacement 16-Passenger Transit Vehicle 04-25-94 37-94 In Support of the Proposed San Luis Obispo County Economic Vitality Corporation 04-25-94 CJ • RESOLUTIONS 1994 NO. TITLE ADOPTED 38-94 Calling a General Municipal Election to be Held in the City of Morro Bay on Tuesday, November 8, 1994 for the Purpose of Electing Certain Officers of Said City; and Requesting The Board of Supervisors of San Luis Obispo County to Consolidate said Election with the Statewide General Election to be Held in Said City on Tuesday, November 8, 1994; and Other Election Matters as Required by Law 05-09-94 39-94 Approving City Participation in a Joint Powers • Agreement to Establish and Integrated Waste Management Authority for the Cities and County Of San Luis Obispo, California 05-09-94 40-94 Approving a Memorandum of Agreement Among The County of San Luis Obispo and its Cities for The Establishment and Payment of Landfill Tipping Fee Surcharges to Support the San Luis Obispo Integrated Waste Management Authority 05-09-94 41-94 Establishing a Pilot Trolley Service and Related Operations and Maintenance Funding 05-09-94 42-94 Allocating Parking In -Lieu Fees for and Approving the Purchase of a Used Trolley 05-09-94 43-94 In Support of the Chorro Flats Project 05-09-94 n LJ n U CJ 0 RESOLUTIONS 1994 NO. TITLE ADOPTED 44-94 Calling a Special Municipal Election to be Held in the City of Morro Bay on Tuesday, August 9, 1994 for the Purpose of Voting on An Initiative Measure to Relieve City of any Mandatory Obligation Created by Passage of Measure "G", the "Binding" State Water Initiative 45-94 46-94 47-94 48-94 C ejull Adopting the 1994/95 Master Fee Schedule Establishing Appropriations Limit for Fiscal Year 1994/95 05-09-94 07-11-94 * 06-27-94 * Adopting a Budget and Making Appropriations For Fiscal Year 1994/95 06-27-94 49-94 Directing the Preparation of an Engineer's Report For the Levy of Annual Assessments for Bayshore Bluffs Parks 05-23-94 50-94 Approving Sublease Agreement with the Morro Bay Commercial Fisherman's Organization for Operation of the Gear Storage Area 05-23-94 51-94 Accepting Construction of Fishermen's Gear Storage as Complete by Rarig Construction 05-23-94 • RESOLUTIONS 1994 NO. TITLE ADOPTED 52-94 Establishing a One -Time Trolley Operations And Maintenance Fee for Businesses on the Trolley Route for Inclusion in the Master Fee Schedule for Fiscal Year 1994/95 05-23-94 53-94 Amending Morro Bay Dial -A -Ride Operations Agreement with Mayflower Contract Services To Include Operation of a Pilot Trolley Service And Establishing Trolley Fares and Advertising Rates and Policies 05-23-94 • 54-94 Authorizing the Mayor to Execute a Grant in The Amount of $1,850 Provided Under the Cooperative Forestry Assistance Act of 1978 06-13-94 55-94 Declaring the City's Intent to Levy an Annual Assessment for the Maintenance Assessment District for Bayshore Bluffs Park 06-13-94 56-94 Establishing Water Rates 06-27-94 * 57-94 Establishing Voting Precincts and Polling Places, Appointing Precinct Board Members and Fixing Compensation for the Special Municipal Election on Tuesday, August 9, 1994 Called by Resolution No. 44-94 06-13-94 58-94 Approving the Refund of the Lease Purchase Agreement for the City of Morro Bay Community Center 06-13-94 11 • RESOLUTIONS 1994 NO. TITLE ADOPTED 59-94 Approving Sublease for a Portion of Lease Sites 87-88/87W-88W and a Portion of Lease Site 89/89W and Setting of General Sublease Approval Policy 06-13-94 60-94 In Support of a Grant Proposal to the State Department of Fish & Game for a Fishermen's Information Center in Morro Bay 06-13-94 61-94 Accepting the Final Map, Improvement Agreement, and Offers of Dedication for Tract 2110 06-27-94 62-94 Authorizing the Mayor to Execute a Grant Contract with the Department of Boating & Waterways for Completion of Phase III Of Tidelands Park 06-27-94 63-94 Adopting the Draft Grant Application for a Community Development Block Grant for A Business Retention and Attraction Study Of the City of Morro Bay 06-27-94 0 RESOLUTION NO. 63-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE DRAFT GRANT APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR A BUSINESS RETENTION AND ATTRACTION STUDY OF THE CITY OF MORRO BAY. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Council finds that certain commercial areas of the City have stagnated during recent years while other areas have seen a spurt of development. WHEREAS, the Council finds that some businesses in the downtown have either failed or moved to other areas of the City. WHEREAS, The Council has determined that their goal is to keep existing viable businesses and to attract new business. WHEREAS, the Council has determined that the CDBG grant can provide funds to be used to analyze the measures needed to retain the existing businesses and attract new businesses. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City Council has reviewed and hereby approves an application for up to: Business Retention and Expansion Study $30,000 2. The City Council has reviewed the citizen participation plan for compliance with federal statute and has determined that this plan was followed for the development of this application. 3. The City Council hereby approves the use of General Revenue Funds in the amount of $4,500 to be used as the City's Cash Match for this project. 4. The City Administrator is hereby authorized and directed to act on the city's behalf in all matters pertaining to this application. 5. If the application is approved, the City Administrator is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for . the purposes of this grant. City Council Resolution No. 63-94 Page Two PASSED, "PROVED, AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting held on this 27th day of June, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSTAIN: None ATTEST: BRIDGET DAVIS, City Clerk u • CITY OF MORRO BAY Application for a Community Development Block Grant Economic Development Planning/Technical Assistance Submitted to: The California Department of Housing and Community Development June, 1994 • n U June 23, 1994 Mr. William J. Pavao, Program Manager Community Development Block Grant Program CA Department of Housing and Community Development 1800 3rd Street, Room 365 P.O. Box 952054 Sacramento, California 94252-2054 Dear Mr. Pavao: Enclosed please find the City of Morro Bay's 1994 Community Development Block Grant (CDBG) Economic Development Planning and Technical Assistance Application, requesting funds for a Business Retention and Expansion Study. With the results of this Activity, the City will have identified expansion opportunities for local businesses, determined any expansion barriers, developed a strategy and implementation plan to • facilitate local business expansion, and identified high priority opportunities for immediate City action. The follow-up tasks for such high priority opportunities will have been spelled out in the Activity. Local business expansion will generate new jobs for Target Income Group residents, consistent with the City's commitment to providing job opportunities to its residents, particularly those who are in low -moderate income households (47% of the total households). This Activity is an important step to creating those jobs. Thank you for your consideration of Morro Bay's application. Sincerely, Dave Howell Interim City Administrator Morro Bav CDBG Program (Applicant) PLANNING/TECHNICAL ASSISTANCE ALLOCATION • APPLICATION SUMMARY FORM Page 1 of 1a. APPLICANT: [X] City [ ] County of Morro Bav b. Department Community Development f. Phone (805) 772-6200 c. Street/P.O. Box 595 Harbor Street a. Consultant/Public Agency ✓ Contact Person Carleen Bedwell City Morro Bav, CA Zin 93442 Applied Development Economics h. Address 1010 F Street Suite 400 Sacramento, CA 95833 d. Applicant's Staff Contact Person Don Funk i. Phone (916) 441-0323 e. Title Community Development Director 2. TYPE OF APPLICATION: a. b. c. • d. [X] On Applicant's Own Behalf e. [ ] Joint Application: and [ ] On Applicant's Own Behalf and on Behalf of f. [ ] On Behalf of Only [X] For Funding from the Economic Development Planning/Technical Assistance Allocation: [ ] For Funding from the General PlanningiTechnical Assistance Allocation: 3. LEGISLATIVE REPRESENTATIVES: Members of the Assembly State Senator Member of Coneress a. District Number 33rd District Number 18th District Number 22nd b. Name Andrea Seastrand Name Gary Hart Name Michael Huffington c. Address 523 Hieuera Street Address 1216 State St, #507 Address 1060 Palm St, Ste A d. City San Luis Obispo, CA 93401 City Santa Barbara.CA 93101 City San Luis Obispo, CA 93401 District Number District Number District Number Name Name Name Address Address Address City City City 1 4. Activity Title: Business Retention and Expansion Study • Amount Requested: $ 30.000 Amount of Cash Match by Applicant: $ Note: Amount requested may not exceed $30,000. Refer to Appendix VIII to determine minimum cash match required. 5a. APPLICATION CHECKLIST: [X] Application Summary Form [X] Activity Budget and Schedule Form [X] General Administration Budget Form b. ATTACHMENTS: [X] Resolution by Governing Body Approving Application [X] Resolution Documenting Cash Match Contribution • [X] Additional Data (if applicable) Census Target Data-TIG Map,Goals Report Consultant Cost Estimate [X]Activity Description Form [X]Statement of Assurances [ ] Letters Received and Responses (if applicable) [ ] Joint Powers Agreement (if applicable) [ ] Letters of Intent or Commitment (if applicable) 6a. Has applicant enacted limitation on residential construction [X ] no [ ] yes which are not establishing agricultural preserves, not imposed by another agency, or not based on a health and safety threat? b. If the answer to 6a is yes, is the housing element approved by (] no [ ] yes the Department? c. If the answer to 6b is no, is the application for low income [ ] no [ ] yes housing? 7. OFFICIAL AUTHORIZED TO SUBMIT APPLICATION: Name Dave Howell Title Interim Citv Administrator (Print) • Signature -\, Date V -28 9Y 2 State of California Citv of Morro Bav CDBG Program • (Applicant) PLANNING/TECIINICAL ASSISTANCE ALLOCATIONS ACTIVITY DESCRIPTION FORM Attach one form for each activity. Page 1 of 13 1. Activity Title: Business Retention and Expansion Studv 2. CDBG funds requested for this activity:$ 30.000 3. Describe how the objective of principally benefitting the TIG will be met by this activity. See the Program Objective Section of this RFP for the definition of national objective as it applies to a Planning/Technical Assistance Activity. The preparation of a business retention and attraction study and strategy will assess the potential for existing businesses to expand, identifty barriers, develop a strategy and implementation plan, and identify high priority opportunities for City action. As a result, increased local business expansion will occur. This Activity is projected to provide 100 additional jobs, 78 of which would create job opportunity for persons in the Target Income Group category. This Activitiy meets the national objective of expanding economic opportunities, principally for persons of low - and - moderate income. • 3a. Total number of households to benefit: 100* 3b. Total number of households/persons in targeted income group to benefit: 3c. Total number of households in lowest targeted income group to benefit: 20 estimate ' see discussion in Item 6.2, Detailed Activity Description 4. Anticipated environmental level. Planning/Technical Assistance grants are exempt from CEQA and NEPA. 5. Identify other planning/technical assistance funds which will be committed to this activity during the grant period. Amount Source A. Federal $ B. Other State $ C. Local Cash Match $ 4,500 General D. Private $ Fund TOTAL $ 4,5-00 6. Detailed Activity Description • 6.1 Program Design The City of Morro Bay is requesting funds to conduct a Business Retention and Expansion Study to assess the potential for existing businesses to expand, develop a strategy and implementation plan regarding business expansion, and identify high priority opportunities for the City to facilitate. Implementation plans will be developed for those high priority opportunities. Subject areas to be examined are the potential for retail activity in view of the development of additional commercial outside of downtown; the feasibility of a small conference center associated with existing local motels; the expansion potential among existing light industrial businesses. With the results of the Activity the City will have a strategy for business expansion, knowledge of the potential within the business community, and any high priority opportunities identified for implementation. This Activity will retain existing businesses which have the potential for expansion and will create jobs, principally for the Target Income Group population. Components of the program design are: • review of documents, data, plans and policies re City's economic development, particularly as it pertains to the three subject areas; • market analysis for the three subject areas (the commercial market analysis will be an update of a preceding study); • review of available sites for business expansion or reuse opportunities; . • assessment of the potential for expansion, and identification of high priority opportunities • recommended strategy and implementation plan for business expansion within Morro Bay; implementation plans for any high priority opportunities which have been identified. • final report • grant administration Task 1. Document. Data Review Analyze existing studies, policies, projects in the planning stages, data and related information which establish the framework for the City's economic activity and impact Morro Bay's ability to expand and retain businesses in the three subject areas. Regional activity will be included in the review. To the extent necessary and appropriate, information will be updated. Survey existing businesses to determine their needs and their potential for expansion. Interview City officials, business and community leaders to determine the context for business expansion in Morro Bay. E Task 2. Market Analvsis An analysis will be prepared as it relates to the market potential for commercial, tourism, and light industrial retention and expansion. Update the previously prepared commercial market analysis to incorporate the retail growth which has occurred or is planned in the market area since the study was prepared. Identify opportunities which exist to increase the percentage of local consumer spending within Morro Bay (reduce sales leakage), provide goods locally which were requested by residents in the previous retail survey, and opportunities that can be created for local businesses in relation to the large retail centers recently developed or planned. Analyze the feasibility of a conference center to support the local motels. Analyze the market for the potential expansion of local industries, such as recreation products manufacturers and fishing related industries. Task 3. Review of Available Sites for Business Retention and Expansion Opportunities Review sites in the City available for the potential business development which has been identified in the previous tasks, such as: grouping of downtown sites for a retail project, conference center, and industrial expansion. Constraints and opportunities regarding available sites will be discussed. • Task 4. Assessment of Expansion Potential and Identification of High Priority Opportunities Selected for Implementation Planning From the combined information of Tasks 1 through 3, assess the potential for existing businesses (in the three subject areas) to expand and identify any barriers to that expansion. Identify any high priority opportunities which the City can facilitate. Include job projections and TIG potential benefit in the assessment. Task 5. Recommended Strategy and Implementation Plan for Business Expansion Develop a strategy which maximizes the City's opportunities for local businesses to expand and remain within Morro Bay. Develop an implementation plan which contains the actions the City and community should take to encourage local business expansion. To the extent high priority opportunities have been identified, develop recommendations for followup actions. Actions to ensure Target Income Group benefit will be included in the Implementation Plan. Task 6. Final Report A final report will be prepared which contains the findings of the above components. Recommendations will be presented for City and community action, with the means to ensure • TIG job benefit highlighted. 0 Task 7. Grant Administration During the course of the Activity all grant administration requirements will be observed, and appropriate closeout procedures will be conducted at the conclusion of the Activity. 6.2 BENEFIT TO TIG POPULATION There are approximately 2100 households (4717o of total households) in Morro Bay which fall within the CDBG definition of low -moderate income. The proposed Activity will enhance existing businesses by identifying expansion opportunities and by providing the necessary planning for generating new business in the community. According to the San Luis Obispo Council of Governments, there were approximately 3,953 workers in the City'. The proposed Activity will enhance existing business activities expected for San Luis Obispo County. According to EDD, employment in San Luis Obispo County is expected to grow by an annual rate 3.2% over the next five years. Retail and service industries are expected to show the strongest growth. The proposed Activity is projected to create 15% more employment opportunities or 100 jobs in Morro Bay over and above the projected increase in the County through an analysis of local and regional manufacturing relationships, wholesale, and service businesses and enhancement of existing retail and service activities. The jobs created would be in the light manufacturing, retail and service sectors with approximately • 33 of the jobs in manufacturing, 33 jobs in retail and 33 of the jobs in the service industry. In order to arrive at the TIG benefit of such jobs, the following calculation was made. Table A shows the national occupational distribution for all manufacturing, service and retail establishments. Target Income Group persons often have limited jobs skills and/or work experience. Entry level jobs where on-the-job training can occur are the most likely occupations for TIG employment opportunities. Generally, these types of jobs are in the categories of sales, clerical, service and production areas which account for 78% of the potential new jobs in the manufacturing, service and retail sectors. Applying these figures in Morro Bay, 78 of the jobs created would be appropriate for TIG persons. These figures are projections. Specific job projections, and the TIG benefit, will be identified during the course of the Activity. 0 • • !R BR T'• i vt N O pryp N ... Q N N N N a n a M V O. O Q C 0 O O O p i n of E- 6.3 Other Actions In Support of Activity • The City of Morro Bay is working to improve its economic condition and has taken the following actions: In 1991, the Planning Commission and City Council formed a goals committee known as the Destination 2000. The purpose of Destination 2000 was to unite city residents by working toward common goals for improving business, residential and recreational conditions in Morro Bay. The committee presents a vision for the City of Morro Bay into the year 2000 and beyond. This report focuses on maintaining the natural beauty of the area while enhancing recreational activities and the economic base of the city. At least two of the goals (a full copy of which are in the Exhibits section) are these directly related to the Activity. Nurture and protect existing businesses and jobs Maintain Morro Bay as a tourist haven The City has established a Facade Improvement Program, with the intent of assisting business owners in upgrading the appearance of their storefronts. The program provides low interest rate loans ranging from $2,500 to $20,000, through a local bond against city guaranteed funds for that purpose. The City Council has appointed a committee to determine the feasibility of creating a Redevelopment Agency. A recommendation has not yet been made, but a formal recommendation is expected in September of 1994. Redevelopment can be a useful tool for implementing projects that relate to business expansion. • Currently the City is working on a Parking Management Plan. The purpose of this plan is to evaluate the existing parking situation and develop a plan that will promote additional public parking implemented through programs such as in -lieu fees. The newest addition to the City is a trolley which transports visitors around the city and provides visitors easy access to Morro Bay businesses and services. The new trolley rout may reduce some of the parking problems in the waterfront area. The City Council has requested a new sign ordinance for the City of Morro Bay to update the existing situation and create current guidelines for new signs in the area. Morro Bay is also in the process of amending its zoning and land use plan - Local Coastal Plan. The revisions are intended to correct land incompatibilities and improve the regulations. The City is working on a Waterfront Plan that establishes goals and policies for development on the waterfront. A Water Management Plan is in the works and this will provide a plan for new water sources which would provide for future development needs. The Housing and Noise Elements have recently been updated to reflect the current situation in the City of Morro Bay. • Recently a study of the seafood processing industry was completed. The study (funded by a CDBG Planning/Technical Assistance grant) looked at City site location factors, such as infrastructure, • zoning, and circulation to develop recommendations for locating a processing plant. Currently a redevelopment plan for a seafood processing plant is being studied. Other previous studies exist which will provide useful background for this Activity: A 1991 study, "Morro Bay, The Hidden Seaside Village; An Economic and Sales Tax Evaluation with Retail Strategy Recommendations" and the 1987 study, "Morro Bay's Economic Development Opportunities'. San Luis Obispo County is in the process of creating a non-profit Economic Development Corporation which will participate with the cities in the county to facilitate economic development. The first funding to the EDC is being committed from the County CDBG program. In the future the EDC may be a resource to assist with the implementation of business expansion projects within Morro Bay. Within the City departments an effort is being made to streamline the coastal permit process and the building permit process. This is a joint effort between Planning, Building and the Public Works Departments to make the process easier for builders and developers to understand and follow. Throughout the grant the City of Morro Bay will be providing in -kind services in support of the Activity. This will include staff time to review products, participation in the meetings, reporting the progress of the City Council, and liaison with the consultant team. The City of Arroyo Grande is eager to incorporate this Activity into the City and the community as fully as possible. is 6.4 Brief Problem Description Morro Bay is a small coastal fishing village and tourist destination. The City of Morro Bay is located along Highway 1 approximately 200 miles south of San Francisco and 200 miles north of Los Angeles. The city overlooks a protected bay and long stretches of coastal beach. While the city is located in a beautiful area it suffers many problems. The City of Morro Bay is currently experiencing low vacancy rates in the motels, loss of retail sales, and loss of revenues. This is an indication that the city is suffering economically and is in dire need of an economic loss and the need to improve business and city services are discussed further. The City of Morro Bay is working on solving the problem of business vacancies in the downtown area. There are many vacant lots as well as vacant buildings downtown. During the last several years many businesses have failed or moved from the downtown to the more successful waterfront area. The tourist retail shops are located primarily on the waterfront and most visitors tend to visit only the waterfront area and disregard other commercial areas of the city. In addition to reducing the draw to the downtown area a new shopping center is proposed which will be located out of the downtown area. Thee is a fear that many businesses may be attracted to this new center and move out of the downtown. At present there is a new large grocery store under construction at the east end of the city which will be used extensively by residents of Morro Bay as well as neighboring communities. This development will contribute to the creation of high intensity areas at both ends of the city with an unused • downtown area in between. There is fear that the downtown area may become a "ghost town" if something is not done in the near future. An example of this involves a landowner who has obtained all of the permits necessary for a large new office building downtown, however, the developer is unable to find tenants for this project. As a result the project is on hold and the permit approval has been continually extended until the business outlook downtown improves. The City is in need of public improvements downtown such as sidewalks, attractive convenient parking, pedestrian lighting, street trees and improved transit from North Morro Bay to the downtown area. Employment in the City of Morro Bay primarily revolves around the seasonal tourist industry and the fishing industry. Since both of these industries are suffering, recently, there has been a loss of blue collar jobs. The city would like to retain and expand?? businesses. This would create jobs and use a local work force. Local jobs would create potential consumers. Currently most residents work outside the City of Mono Bay. There is a potential work force in the surrounding unincorporated communities in the area, Cayucos with a population of 3,000, Cambria with a population of 5,000, and Los Osos with a population of 16,000. Most of these communities commute to jobs in the City of San Luis Obispo. Much of this outlying population could be employed and served in the City of Morro Bay if the City could attract a new job base. The City has an excess of commercially zoned land and lack of available land zoned for industrial uses, thus it is hard for local manufacturing businesses to expand. There is a need to diversify business • in the City to create a more stable economic base. Zoning is one way to accomplish this goal. At the same time the City is aware of several businesses which are ready to expand and increase local jobs. The City is concerned that they be able to do so inside Morro Bay, rather than relocating to another community. The Activity will address this situation. Due to the location of the City in the coastal zone, added restrictions involve Coastal Commission regulations. The Local Coastal Program gives high priority to construction of Visitor Serving uses in the coastal zone. Currently however, visitor serving uses are struggling. Water availability is another constraint the City of Morro Bay faces with the current continuing drought. 6.5 Reasonableness of Cost The cost estimates are based upon the experience of a California consulting firm experienced in providing market analyses, feasibility studies and strategies/implementation plans for community business and job growth. The cost for such consulting service is in the range of $30,000-$35,000 depending upon the level of detail prepared in the various analyses, plus the cost of administration ($1,500). This estimate is consistent with the grant request of $30,000, supplemented by local matching funds. It is also consistent with the tasks, timeline and budget figures provided on the following pages. The City's consultant will maximize the services needed to carry out the Activity and to enable the City once the Activity is completed. 0 6.6 Tasks and Timeframes The anticipated timeframe for completion of all tasks and delivery of the final report is 10-12 months. 40 A breakdown of the study tasks is included in 6.1 and Schedule 3. 6.7 Final Product Upon completion of the phases and tasks discussed above, a final report will be prepared which contains: • a market analysis for the expansion potential of three business topics: retail, conference center for increased motel usage; light manufacturing • identification of potential expansion opportunities, recommended City actions, and identification of any high priority project for City action • a strategy and implementation plan for business expansion. If one or more projects have been selected for followup action, implementation steps will be developed for them. TIG job benefit will be included in the implementation planning. This final product will provide the City with the means to be proactive with regard to maintaining and increasing the local businesses and jobs, particularly in the sectors identified for study. • 171 L U Q I � L ° N C v E � G Q cs F C� Ll y o � a U � F z C _ V - VF1 N w y 7 Vj N V] N y U ae Z % m C4 y U d Q � � Z o > Z � U Q U y N d C U VI L U 0. N T m O w ° U Q n U a • � .. s � Q CO rn k. O -1 y F U 0 � \ a )g I _ \ - ( . \ \ \ ) ) o/ ) \LLJ } J �\ \ ) C5 G) <) /) )} 7{ »2 A2 E2 /* /} - }\ 0\ )3 / J \ co 0 \\ �� \ ` e . L L \ a - \ < S 2 \ } § /LL/ § / PLANNING TECHNICAL ASSISTANCE ALLOCATION STATE OF CALIFORNIA—ACTIVITY/GENERAL ADMINISTRATION BUDGET SUMMARY (Schedule 3) I * Contract $/Hrs I Local $/Hrs I Document, Data Review $ 3,000/40 hours Market Analysis 10,000/133 hours 3 Site Review, 3,000/40 hours 4 Expansion Potential 3,400/45 hours j 5 Strategy and Implementation 10,000/133 hours 6 Final Report 3,600148 hours 7 Grant Administration 1,500/20 hours h ' i * Expenses included throughout cost estimates Subtotal $ and Hours $ 34,500/460 hours Local CDBG Total Audit Cost $ In -kind $ $ Direct Expense In -kind Telephone In -kind Supplies In -kind Others In -kind Contract 4,500 30,000 34,500 Local otal Project $ 4,500 $ 30,000 $ 34,500 rim TASKS/MILESTONES (Schedule 4) 3 1994 1995 1996 TASKS/MILESTONES AMJ JAS OND JFM AMJ JAS OND JFM AM7 1 Document, Data Revi 2 Market Analysis 3 Site Review 4 Expansion Potential 5 Strategy and Impleme [ation 6 Final Report 7 Grant Administration � I Subtotal 13,375 6,775 10,375 3,975 9. (Accumulative) Quarterly Expenditure Plan - State CDBG 11,875 17,150 26,025 30,000 Quarterly Expenditure Plan - Local Cash Match 1,500 3,000 4,500 4,500 Quarterly Expenditure Plan - Other Funds Total 13,375 20,150 30,525 34,500 Page _ of STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT OF ASSURANCES The City of Morro Bav herebv assures and certifies that: (a)It possesses legal authority to apply for the mrit and to execute the proposed program. (b)Its governing body has duly adopted or passed as an official act or resolution, motion, or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant's chief executive officer or other designee to act in connection with the application and to provide such additional information as may be required. (c) It has or will comply with all citizen participation requirements, including: 1. Preparation of a written citizen participation plan which includes, at minimum, the following components: a. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; b. Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by CDBG • regulations, and relating to the actual use of funds under this title; c. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; d. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped. This shall include one public meeting during the program design, annual performance report .preparation, and formal amendments. A public hearing shall be conducted prior to application submittal; e. Solicits and provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. (d) Its CDBG Program has been developed so as to primarily benefit targeted income persons and households, and each activity in the program meets one of the three national objectives: • IV. benefit to low and moderate income persons, elimination of slums and blight, or meets an urgent community need certified by the grantee as such. (e) It consents to assume the responsibilities for environmental review and decision -making in order to ensure compliance with NEPA by following the procedure for "recipients" of block grant funds as set forth in 24 CFR, Part 58. entitled "Environmental Review Procedures for • Title 1 Community Development Block Grant Programs." Also included in this requirement is compliance with Executive Order I t988 relating to the evaluation of flood hazards, and Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. Law 93-234) regarding purchase of flood insurance, and the National Historic Preservation Act of 1966 (16 USC 470) and implementing regulations (36 CFR 800.8). (f) It consents to assume the role of either "Lead Agency" as defined by Section 21067 of the California Public Resources Code, or if another agency is or will be designated "Lead Agency," it consents to assume the role of 'Responsible Agency" as defined by Section 21069 of the California Public Resources Code, in order to ensure compliance with CEQA. (g) I£ has resolved any audit findings or performance problems for prior CDBG grants awarded by the State. (h) It certifies that there is no plan, ordinance, or other measure in effect which directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes; or if such a plan, ordinance, or measure is in effect, it will either be rescinded before receiving funds, or it need not be rescinded because: It imposes a moratorium on residential construction, to protect the health and safety, for a specified period of time which will end when the public health and safety is not longer jeopardized; or • 2. It creates agricultural preserves under Chapter 7 (commencing with Section 51200) of Part 2 of Division 1 of Title 5 of the Government Code; or It was adopted pursuant to a specific requirement of a state or multi -state board, agency, department, or commission; or 4. The applicant has a housing element which the Department of Housing and Community Development has found to be adequate, unless a final order has been issued by a court in which the court determined that it is not in compliance with Article 10.6 of Chapter 3 of Division i of Title 7 of the Government Code; or The use of the funds applied for in this application is restricted for housing for the targeted income group. (i) It will comply with the regulations, policies, guidelines, and requirement of OMB Circular Number A-87, A-128, A-102 and A-121, where appropriate, and the State CDBG regulations. 0) It shall comply with the following regarding nondiscrimination: 1. Title VI of the Civil Rights Act of 1964 (Pub. Law 88-352). 2. Title VIH of the Civil Rights Act of 1968 (Pub. Law 90-284) as amended; and will administer all program and activities related to housing and community • development in a manner affirmatively furthering fair housing. IV. 3. Section 109 of the Housing and Community Development Act of 1974, as amended. 4. Section 3 of the Housing and Urban Development Act of 1968, as amended. 5. Executive Order 11246, as amended by Executive Orders 11375 and 12086. 6. Executive Order 11063, as amended by Executive Order 11259. 7. Section 504 of the Rehabilitation Act of 1973 (Pub. Law 93-112), as amended, and implementing regulations. S. The Age Discrimination Act of 1975 (Pub. Law 94-135). 9. The prospective contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the law of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. (k) It will comply with the Federal Relocation Act (42 U.S.C. 4601 et seq.' and interim rule 42 U.S.C. 5301 et sec.) and will certify that it is following a residential antidisplacement and relocation plan. (1) It will comply with the following regarding labor standards: 1. Section 110 of the Housing and Community Development Act of 1974, as amended. 2. Section 1720 et sec,. of the California Labor Code regarding public works labor • standards. 3. Davis -Bacon Act as amended (46 U.S.C. 276a) regarding prevailing wage rates. 4. Contract Work Hours and Safety Standards Act (40 USC 327-333) regarding overtime compensation. 5. Anti -Kickback Act of 1934 (18 USC 874) prohibiting "kickbacks" of wages in federally assisted construction activities. (m) It will comply with the Architectural Barriers Act of 1968 (42 USC 4151) and implementing regulations (24 CFR Part 40-41). (n) It will enforce standards of conduct which govern the performance of its officers, employees, and agents engaged in the administration of contracts funded in whole or in part by the CDBG Program (Section 7120 (d) of the State regulations). (o) It will comply with the Hatch Act (5 USC 1501 et seq.) regarding political activity of employees. (p) It will comply with the Lead -Based Paint Regulations (24 CFR Part 35) which prohibits the use of lead -based paint on projects funded by the program. (q) It will not employ, award contracts to, or otherwise engage the services of any contractor . while that contractor is in a period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. IV. (r) It will give HUD, the Comptroller General, the State Department of Housing and Community Development, or any of their authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant. (s) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with CDBG funds by assessing properties owned and occupied by targeted income persons unless: (A) CDBG funds are used to pay the proportion of such assessment that relates to non-CDBG funding or; (B) for the purposes of assessing properties owned and occupied by targeted income persons who are not of the lowest targeted income group, it does not have sufficient CDBG funds to comply with the provisions of (A) above. (t) It will adopt and enforce policies 1) prohibiting the use of excessive force by its law enforcement agencies against individuals engaged in non-violent civil rights demonstrations and 2) enforcing applicable State and local law against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. The certification is made under penalty of perjury under the laws of the State of California. CERTIFYING OFFICIAL: Dave Howell. Interim City Administrator Print Name Date SI— grr re V. CENSUS DATA TARGET INCOME GROUP POPULATION Ll 0 of N n N q q n m y Qll N 1 w r - f n ¢ x <) J �u z= nn Inn Nm Teln CI n m T m D n ins P V q StD .rq M;' L - Z ' 11 Q ++J c If A- = J I Z'J pti I^- 1 iczrnZ n a s" n - � n CY �J1w II Q v SII Z U rA n C I r•J♦ u H G 1•' < 4 < � u , 4 W VC�4 j caW IlCO� Y- -Li w < If - .- UZ !\wln q m C C n q In -CL C Y , 1 ... q m v O n 11 A In x ly n J y T II Q a II Tr L H if a n i n q C m m L rn C 0 G p J •-r w C U v p y) W n = W - n W $ p z 2 u . Z ¢ Z I aa a l"I IA^n p 6�P< n •� U q) U w F Z N u p w W N • 11 C U n • • I \ W Y \ m - O �,>- W q YI a m Q L 3 p TG ..' 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NOWIa Ia Oing4 �nplDh-7 n rI 11 DESTINATION 2000 GOALS REPORT CITY OF MORRO BAY • 0 0 A GOALS REPORT • For The City of Morro Bay J U LY 1993 BACKGROUND In December, 1991, the Planning Commission and City Council conceived and endorsed the formation of a goals committee to be known as Destination 2000. The purpose for Destination 2000 was to unite city residents by working towards common goals for improving business, residential and recreational conditions in Morro Bay. Planning Commissioners Bernie Melvin and Janice Peters and City Councilmembers Ben Luna and John Baker developed the program. Once developed, Destination 2000 became an agenda item early in May, 1992. The council endorsed the committee with the following comment: "...it is imperative that the council agree to support this program so that its participants know their efforts will be implemented, not ignored or shelved." The committee consisted of individuals selected to represent: the environment, merchants, retirees, small businesses, the fishing industry, builders, students, renters, homeowners and the restaurant/ hotel industry. The committee saw its challenge in two key areas: 1) taking diverse opinions and ideas and turning them into workable and achievable goals; and, 2) remaining apolitical and focused on the goals that reflect the interest and needs of . the community. From September, 1992 through January, 1993, the committee gained knowledge about the technical aspects of the community from the various city administrators which included: areas of responsibility, revenue sources, challenges, needs, concerns and desires. With the orientation completed, the committee then focused on setting priorities. Questions asked among members included: What will work? What can the city afford? Will the recommendations encourage growth, or establish a workable blueprint for the future planned redevelopment of existing properties, or reflect a status quo attitude? The inevitable question to answer was: What will be the best recommendations for the future of Morro Bay? After many months of input, discussion and debate it is hoped that the ideas of the community will prove of assistance to the City of Morro Bay as it faces the m=y decisions to be made in the years to come. The realization that an action today may well be in place a hundred years from now gives all of us food for thought. The following is a vision for the City of Morro Bay into the year 2000 and beyond. INTRODUCTION The various goals and objectives are grouped in categories that reflect the concerns for Morro Bay. There was no ranking of categories as all of the different areas are interrelated and vital as units that support each other. Under each category heading, there are up to three divisions that relate to the time frame within which the desired objectives should be approached or accomplished. ✓ This area consists of objectives that should be implemented now or as soon as possible. They are needs that can be funded or are important to the community and should be funded. This area also includes programs that are in place and should continue to be supported because of their importance to the community. ✓✓ The second set of objectives should be planned and accomplished within three to five years. They are also more dependent on future funding and not as attainable in the short term. This area also contains programs that are in place and should be continued and possibly expanded where feasible. ✓✓✓ The last area contains objectives that may not be attainable for several years but should always • be considered when funding becomes available orotherfavorable circumstances occur. Thegroundwork for some of these objectives maybe started now butmay not reach their full potential forfive to ten years. In consideration of the mission statement for the City of Morro Bay, the goals and objectives on the following pages reflect the desires and ambitions of this community. CITY OF MORRO BAY MISSION STATEMENT The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The city shall be committed to this purpose and will provide a level of municipal service consistent and responsive to the needs of the public. 1. DESTINATION 2000 GOALS AND OBJECTIVES PROTECT NATURAL RESOURCES AND OVERALL ENVIRONMENT ✓✓ ✓✓✓ ✓✓ 1] A. Continue to pursue national estuary status and sanctuary for wetlands preservation, marine and wildlife enhancement and continued protection of the sandspit. B. Promote an aggressive tree planting program throughout the city. C. Strongly encourage protection of agricultural lands and open space along Highway One from San Luis Obispo. D. Continue dune stabilization and revegetation programs E. Maintain *hP—Rock area as a n=r setting.wtm plans to visually organize it like Tidelands Park F. Aggressivety enforce air and water quality standards for all city and commercial operations, e.g., PG&E emissions. G. Create a complete bay environmental action plan. H. Develop and encourage graywater and water reclamation systems throughout the city. I. Insure Morro Bay's charm by resisting annexations and controlling the sphere of influence. 1. Assist in the development of a bay research facility. A. Agressively seek and expect permanent federal maintenance of channel and bay waterways- B. Refrain from increasing slips to avoid a boat "parking lot" effect C. Limit number of moorings to aesthetic, safety and functional needs without overcrowding the bay. D. Maintain an adequate harbor patrol fleet E. Establish Marine Sanitation Disposal pumpout stations. F. Improve pedestrian access and walkways north of Beach Street G. Widen the existing Coleman Drive to accommodate pedestrians and bicycles. H Require periodic dredgingof the state park marina_ L Create a pedestrian / bicycle crossing over Morro Creel. 2- ✓✓✓ 7. Provide incentives to establish a cooperative fish processing plant and related industry support facilities. K. Locate and establish an adequate vessel haul -out facility. L. Develop a complete Embarcadero boardwalk. A. Develop a helpful, cooperative "can do" attitude at City Hall by streamlining business policies and regulations, e.g., sunset clauses, new ordinances, elimination of obsolete ordinances. B. Provide better and more convenient parking and transportation via shuttles, buses, bikepaths, trollies or rickshaws for use by local residents and tourists. ✓✓ C. Encourage reasonable business expansion. D. Provide low cost loans for store front improvements of existing businesses. ✓✓✓ E. Encourage development and remodeling of North Main Street to create an attractive continuity of businesses from this section into the downtown and Embarcadero areas. A. Attract regional medical facilities, e.g., Med-Stop, 24-hour emergency facility. B. Work to attract future -oriented businesses in such areas as computers, biomedicine, bay environmental research, robotics, micro -electronics, new material research and communications. C. Encourage businesses that would have low environmental impacts. ✓✓ D. Establish a permanent Economic Advisory Commission. ✓✓✓ E. Create North Main Street business parks. 3. MARKET MORRO BAY • ✓ A. Establish and promote Morro Bay as a non-smoking city. B. Create publicity model campaign to market businesses to local communities and residents promoting shop -at-home. C. Aggressively market the tourist attractions of Morro Bay. D. Highlight the natural resources of the bay and waterfront such as: . whale watching . sport and commercial fishing . kayaking and canoeing . sea cruises . nature totes . extensive marine wildlife 0 ✓✓ ✓✓ . bird sanctuary . Morro Rock . the sandspit, dunes and beach . surfing and SCUBA diving E. Promote fine dining emphasizing Morro Bay's scenic charm and non-smoking qualities. F. Encourage professional and trade groups to use Morro Bay as their conference and meeting center. G. Improve local understanding of tourism H Encourage local businesses to support and subsidize sports and recreational programs in exchange for positive exposure to the community. A. Coordinate activities such as cultural events, sport events, street fairs, and farmers` markets with surrounding communities. B. Provide adequate tourist transportation connections to and from airport, train station and bus depot in San Luis Obispo. C. Create additional tourist activities and facilities that attract and encourage people to come and stay in Morro Bay. Some of these could include: . miniature golf .pool park . fitness courses 4_ n LJ ✓✓ 1 . signed self -guided touts . festivals, concerts, tournaments, art events . music events and evening performances . additional meeting and conference space . aquarium D. Promote.the City of Morro Say as a Destination Resort. A. Create programs for middle school children that include: . supervised after school activities . overnight camps . leadership training . continued support of DARE program . summer programs . teen theater group . music lessons / band / music groups . Friday / Saturday night programs . adopt -a -senior program . local dance company B. Create programs that are attractive and supportive of high school students, such as: .leadership training . sporting activities and clubs . Friday / Saturday night programs . public service opportunities, internships with local businesses . youth jobs . senior / high school mentor program . career faits . lifeguard / surfing training . alcohol / drug / substance abuse self-help groups . under 21 club . gang education and control C. Encourage the Recreation Commission to concentrate on youth activities. D. Continue to support and encourage low cost programs that provide needed services to youth and seniors. . home health care . Meals on Wheels . prescription and market deliveries . health screenings .library services Fly . food co-op . peer and professional counseling . family day care services • ✓✓✓E. Enhance or develop facilities that provide a wide variety of services and activities for youth and seniors, such as: . lap and heated pools . gym / health club . playing courts for tennis, racquetball, basketball, volleyball and shuffleboard- . teen center A. Maintain a growth cap consistent with resources, such as water availability, sewer capacity and police and fire funding. B. Support adequate affordable housing with density mix and competitive housing for higher or median incomes. C. Continue to protect views by strengthening and stringently enforcing height limits. Protect current zoning laws that deal with height limits, setbacks and lot coverage. • D. Review residential vehicle parking ordinances. E. Strengthen noise abatement Iaws. ✓✓ F. Increase park development within neighborhoods. G. Re-evaluate poorly zoned areas. H. Purchase Cloisters property to preserve as an open space area. A. Provide adequate infrastructure and resources, including water, waste treatment, public transit, roads and pedestrian walkways- B. Maintain the sewer plant and implement water reclamation at state-of-the-art, optimum standards. C. Provide competitive salaries for city personnel (specifically fire and police). D. Support a long term, full recycling plan for commercial areas and expand as necessary. Continue improving plan forresidential areas- E. Encourage development of a plan which includes the implementation of an optional. • citywide emergency assistance fee that enables any resident to pay a minimal annual fec that will entitle them to free paramedic and ambulance services. 6 F. Provide and insure a long term water solution. G. Upgrade all city buildings and structures to pass code, e.g., handicapped access. H. Obtain and maintain enough emergency vehicles and equipment to meet current and future population demands. I. Subsidize animal spay and neuter clinics. J. Expand lifeguard services. K. Replace Twin Bridges. L. Create new facilities for the police and fire departments. M. Consolidate all non -emergency services in a new City Hall building in the general area of the present City Hall. N. Construct or lease a parking facility near PG&E that has enough area for tourist parking and keeps traffic from congesting the Embarcadero. O. Invest in undergrounding utilities throughout the residential and commercial areas. Work with the local utility companies and other sources to share the costs. P. Consider owning and operating cable television to improve the quality of services and generate additional revenues for the city. `p MAN l Mwil i This report was prepared by the Destination 2000 Committee The committee was a diverse group of citizens who volunteered and were selected according to the following interests of Morro Bay. Environmental Ric Deschler - Liaison to the City Staff and Council Account Tech, Cuesta College; Harbor Advisory Board 1982 to 1986 Homeowners Karen Bergher - Recorder and Media Spokesperson Director of Student Development, Cuesta College Builders Bryant Forrester - Coordinator Owner, The Forrester Company, Design/Build Contractor Small Businesses Carolyn Neal Co-Owner/Bookkeeper Morro Bay Veterinary Clinic Seniors Tony Toomey Retired law enforcement Merchants/Retail Kathryn Limon Morro Bay Rexall Drugstore Pharmacist Motels/Restaurants Rodger Anderson Galley Restaurant; Member City Promotion Committee; City Council Member 1980 to 1984 Fishing Darby Neil Vice -President, Virg's Landing Renters John Geever Elementary School Teacher, San Luis Coastal Unified School District High School Students Wendy Mills Morro Bay High School ASB President 1992-93 Special thanks to Bud Zeuschner for acting as faciiimtor to the group.'1z— �794 The selection committee that interviewed volunteers and organized Destination 2000 were: Ben Luna Bernie Melvin Janice Peters John Baker City Council member Planning Commissioner Planning Commissioner Former City Council member RESOLUTION NO.62-94 AUTHORIZING THE MAYOR TO EXECUTE A GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR COMPLETION OF PHASE IH OF TIDELANDS PARK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City is planning for completion of Phase III of Tidelands Park to consist of reconstruction of the existing docks at Tidelands Park, construction of a 250' side tie dock, installation of curbs and gutters and paving and expansion of the overflow parking area, and; WHEREAS, the City has applied for a Small Craft Launching Facility Grant from the Department of Boating and Waterways for the Tidelands Park Phase III project, and; WHEREAS, the City has been granted a two hundred ninety five thousand dollar grant from the Department of Boating and Waterways for "Morro Bay - Tidelands Park Boat Launching Facility Development", and; WHEREAS, the City is required to sign a grant contract with the Department of Boating and Waterways. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor of the City of Morro Bay is hereby authorized to execute the grant contract with • the Department of Boating and Waterways in the amount of two hundred ninety five thousand dollars. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of June, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None \: `1Jtf1 BRIDGET DAVIS, CITY CLERK 40 WILLIAM YATES, MM?(( EXHIBIT A O,TIERS. c. The CITY agrees to underground all new utilities installed in the area west of the property owned by the PROPERTY O,+m-RS signing this agreement and further agrees that in the event the existing power e; lines east of the agreed boundary line are removed from their existing location, they will also be undergrounded. It is further recognized and agreed by the PROPERTY OWNERS that CITY is reserving and the PROPERTY OWNERS agree to grant an easement for . maintenance, repair and replacement of the existing • utility lines that are presently located east of the agreed boundary line. Whenever requested by the CITY, the PROPERTY OWNERS agree to execute the necessary easement documents to establish an easement for the repair, maintenance, and replacement of the existing utility lines. d. CITY agrees to remove the existing fish cleaning facilities and agrees to relocate the existing fish cleaning facilities in an area north of the existing launch ramp and north of Station 42 as designated on the Tidelands settlement map, Exhibit G. 5. SIDE TIES AND/OR SLIPS' It is understood, subject • to the limitations set forth herein, that the CITY agrees to grant certain designated PROPERTY OWNERS priority rights to lease a portion of the water area adjacent to or near the park .d area for berthing a total. of five (5) recreational boats at • either side ties or slips, or a combination of side ties and slips. The rights shall be exercised as follows: a. The priority rights for leasing recreational boat berthing sites are limited to that portion of the water area located south of the westerly extension of South Street and north of the westerly extension of the south line of the KOLB parcel, Lot 7, Block 1, Morro Rock Park. b. The priority rights for leasing recreational boat berthing sites or'slios are allocated to the following designated PROPERTY OWNERS for use in connection with their ownership of the designated • upland parcels: (1) CHARLES OGLE -for the use of Lot 3, Block L, Cerrito Addition; (2) CHARLES OGLE -for the use of Lot 4,-- Block L, Cerrito Addition; (3) JAMES J. and EMMIE L. HAGENBACR-for the use of Lots 5 and 8, Block L, Cerrito Addition; (4) CHARLES OGLE -for the use of Lots 9, 10 and 11, Block L, Cerrito Addition; (5) VERNON NELSON -for the use of Lot 13, Bloc!-, L, Cerrito Addition.. The reference to lot numbers includes those • parcels westerly of the east/west extensions of the northerly and southerly lines of the above described lots to the agreed boundary lime all as More particularly described on Exhibit I. C. The leaseholds for recreational boat sites are for the personal use of the designated PROPERTY OTINERS for twenty-five (25) years after this agreement is signed by all parties and are not subject to assignment or subletting, except that the leases of the water area may be assigned to successive purchasers or r; grantees of the designated PROPERTY OWNER'S upland parcel or his grantees, heirs or successors in interest to the designated upland parcel or lessees of such upland parcel. d. The boat berthing site shall be used by the designated PROPERTY OWNER, or his grantees, heirs, • successors in interest or lessees of such upland parcel under subparagraph c hereof, only for a boat owned and used by such PROPERTY OWNER or his grantees, heirs or successors in interest to the designated upland parcel or lessees of such upland parcel and for no other purpose. e. The terms and conditions of the leases for recreational boat berthing sites shall be consistent %'ith standard CITY leasing practices and the standard CITY lease form, a copy of which is attached to this agreement as Exhibit F. The desi-nated PROPERTY 9gNERS agree to promptly execute the leases when they are • prepared by the CITY. Any individual owner may quitclaim his interest in a lease at any tii;:e and upon delivery of such :quitclaim be released from any further Tl_ lease or construction cost obligations. f. The CITY shall have the exclusive discretion to determine which one or combination of the alternative approaches set forth in subparagraphs g, h and i hereof shall be used to provide the total of five recreational boat berthing sites for the designated PROPERTY ONNEP.S. g. SIDE TIE (1) The CITY contemplates construction of side ties in the area north of the existing docks near the launch ramp. If funding is received from Federal and State sources for the necessary dredging and construction of side ties, and in the event the side ties are constructed, and if CITY elects to • provide side ties in lieu of a lease site or lease sites for slips, the CITY agrees to grant priority rights to designated PROPERTY OWNERS to lease a total ` up to five (5) side ties for recreational boats only. (2) In the event any designated PROPERTY OWNER does not own a recreational boat and is not using a side tie, the CITY shali have the right to lease such side tie to a third party until such time as the PROPERTY OINNEP. notifies the CITY that he does in fact own a boat and wants to make use of such side tie. If the CITY is leasing such side tie • to a third party, the PROPERTY 07m_R shall give the C.. T` y at least si}ay (60) dF_y prior written notice of his intention to use suc'.-I side tie. (3) A designated PROPERTY MNER who leases • a side tie under this subparagraph agrees to pay the CITY'S actual cost for the side tie prorated over the twenty-five (25) year lease term only during the time of use by the PROPERTY OWNER. Such actual cost includes the out-of-poc;cet construction cost of the side tie, the portion of the dredging cost attributable to the side tie, and the interest expense incurred by the CITY for such construction and dredging costs. Such rental, once established, shall remain in effect and shall not be increased or decreased during the twenty-five year lease term. Leasehold payments shall be made to the CITY . annually. (4) This subparagraph regarding priority rights to lease side ties does not constitute an assurance that side ties will be constructed, and it will become effective only when and if and to the extent that the CITY is funded from Federal and State sources for and when CITY in fact at its option provides side ties in the area described in subparagraph a hereof. The CITY has no obligation to construct such side ties unless necessary funding from Federal and State sources is provided. h. SLIPS: • (1). The CITY reserves the right, at its option, in lieu of leasing all or a portion of the five (5) side ties referred to in subparagraph g • n L J • hereof, to lease to the designated PROPERTY OWNERS for twenty-five (25) year terms an area or areas where up to a total of up to five (5) slips for recreational boats, when combined with the side ties I urnished, can be constructed. (2) In the event the CITY elects to provide such an area or areas, the designated PROPERTY OWNERSk�ho have the right to such slips agree to pay for and construct such slips and perform necessary dredging within one year of the date that all necessary permits are obtained to construct such slips. The designated PROPERTY OWNERS agree to promptly apply for and diligently pursue necessary permits. (3) If a designated PROPERTY OWNER constructs such slip at his own cost, he. shall pay an annual rental based on six percent'(6o) of the --_ agreed value of the leased water area which is $5.00 per square foot. The rent as so established shall remain in effect and shall not be increased or decreased during the twenty-five year lease term and shall not be increased. (4) In the event CITY elects to lease a slip area or slip areas , the CITY reserves the right to construct the slips and charge a rental based on the CITY'S actual cost prorated over the twenty-five (25) year lease term. Such actual cost includes the out-of-pocket construction cost of the slips, the portion of the dredging costs attributable to the slips, and the interest expense incurred by the CITY for such construction cost and dredging cost. The rental, once established, shall remain in effect and shall not be increased or decreased during the twenty-five year lease term. Leasehold payments shall be made to the CITY annually. i. If the CIT'i,does not construct side ties, as referred to in subparagraph g hereof, and elects not to provide a lease area or areas for slips, as referred to in subparagraph h hereof, the CITY shall make an area or areas available for construction of five side ties and necessary dredging, both of such costs to be • at the designated PROPERTY OTINERS' own expense. If a designated PROPERTY OWNER constructs such side tie .at his ow expense, he shall pay an annual rental based on six percent (55%) of the agreed value of the leased water area which is $5.00 per square foot. The rental. so established will remain in effect and shall not be increased or decreased during the twenty-five (25) year lease term. j. Irrespective of the causes of any delays in constructing side ties and/or slips pursuant to this agreement, it is agreed and understood that both the priority rights and the leaseholds for recreational boat berthing sites shall terminate twenty-five (25) • years after the date on which this agreement is signed by all of the parties. -1"- IR V s N � µ HI 0. • 0 m a g E J Hj NO 0 9 t 0 0 0 c� H) • M q 0� t `�1 7kL01,45 a I RESOLUTION ACCEPTING THE FINAL MAP, IMPROVEMENT AGREEMENT, AND OFFERS OF • DEDICATION FOR TRACT 2110 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 19th day of July, 1993, at a regular meeting did approve Conditional Use (CUP 11-92) and Coastal Development (CDP 22-92) permits to allow construction of a 13-lot subdivision, consisting of 10 residential lots, at the north terminus of Toro Lane; and WHEREAS, the conditions of approval, city subdivision ordinance, and state subdivision map act, require recordation of a subdivision map and improvement agreement prior to issuance of a building permit; and WHEREAS, the State Coastal Commission requires a public access easement across Lot 12 from Toro Lane to and across its designated coastal access natural area consisting of Lots 11 and 13 ; and WHEREAS, the offers of dedication and easements, as required have been made on the map and by separate recorded documents No's 1994-030891 and 1994-030889, for Lots 11 and 12 respectively, as required by the Coastal Commission; and • WHEREAS, Lot 11 has been offered in fee to the City of Morro Bay, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby accept the final Map for Tract 2110, does hereby approve said Tract's Improvement Agreement on behalf of the public, the offer of dedication in fee of Lot 11, and the water, public sanitary sewer and public access easements as indicated on the map and as described at said documents 030891 and 030889, PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 27th day of June, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crotzer, Luna, Mullen, Yates Unger None None \L40ELI-.� BRIDGE T DAVIS, City Clerk 0 Nt t ccxsaxeso • 0 =n �aaany oa C\,2 Wtk a i Y11' � ON Rw P4 Vim= gym` ;I� ogee=V6 obB�y � M o u ��y alb o apt — s 'NOT", I Zm it -41 3 U y y a yg5i .. Ruh a yA 0 3 �aiw� ea i��j ���;ga' � a „at a+ a£dani E §Lgb 6Ssxa $ F SM e� I a M v e� a�@ a e� I z E as a$ as Pa"c"WN a y¢y e ay WWs F Hall �PTJ 1pGia @ $ 0110 dR pey�2 WppyyyiSt aa $a iqq8 MAN ns.8 gs i • • • N S ].rzsrN vl sX el tNwsxrrm s3wms ism 3o ssre k Cam. pm.o II I wm ----y --- d♦o"\3p� '��. k�8„�w>�ywe[ z wa ," R,w.zs nz J139.1A1 I,f.1N�.9N Isan3 r.11 Oi93SI.W N Ml_ sp goo — —!— —r1 z Ga =W o: a3W� o 't 5xq h o�KA 8m� I t]4.00'N Bike 06o I ��f II4tl R1 \ k \ pG2\\ `\NIY OY 5IE iP.PYN �i e I N Ia' r0' c z1C 2 n1z'aY sx'[ 21&0'u / a sllll II wl ok (Ilj elm Ip 3 n wz w�I !f R PSZR 3.fI ,Sf .HN �_� m .vu R'I Itl.IZ'09 U rM 511 6L ].Of .IL SIN R,OLYLLL 3.CI ,SY .91N/ � I1 ,ILSGf' 3 t1 ,5Y .91N p' • ob I 8" /F+ o g a § MIMI E\ ik'N .1J.Sf x I N.I'S1'r0"E fill TI n.r sr ro'E ras.st J W 3 I I a r sr Ir' s mam' � n liN _ �Y SIa Q. • M k"3R IMPROVEMENT AGREEMENT BETWEEN CITY OF MORRO BAY AND FRANK B. DENIS THIS AGREEMENT is made and entered into as of the day of 1994, by and between FRANK B. DENIS herein referred to collectively as "OWNER", and the CITY OF MORRO BAY, a municipal corporation and one of the Cities of the State of California, herein referred to as "CITY". THIS AGREEMENT is made with reference to the following facts: (1) The CITY Planning Commission has approved the Tentative Map of Tract No. 2110. 40 (2) In accordance with the provisions of the Morro Bay Municipal Code, certain improvements are required to be constructed and/or installed and surety furnished therefor. (3) OWNER desires to make and complete all required improvements in said Tract 2110, as specified in the Conditions of Approval (CUP 11-92/CDP 22-92/TM 02-92) approved and issued at the July 19, 1993 meeting of the City Council of the City of Morro Bay, and as shown on the approved improvement plans for Toro Lane and Lot 11. (4) OWNER'S engineer and the CITY OF MORRO BAY have determined that the estimated cost of such improvements is One Hundred Eighty Thousand Six Hundred Forty Eight dollars ($180,648.00). THE PARTIES, THEREFORE, AGREE AS FOLLOWS: (1) OWNER shall file with the City Clerk an improvement security in the sums . herein specified to guarantee performance of the terms of this agreement. A13 NO IM In accordance with Government Code, Title 7, Division 2 (Subdivision Map . Act), Chapter 5, Section 66499, as amended, such security shall be one of the following, at the option of and subject to the approval of the CITY. (a) Bond or bonds by one or more duly authorized corporate sureties in the sum of One Hundred Eighty Thousand Six Hundred Forty Eight dollars ($180,648.00) and Ninety Thousand Three Hundred Twenty Four dollars ($90,324.00). Said bonds shall be furnished by bonding companies having a minimum A rating as established by Bests Key Rating Guide for Casualty and Property Insurance. A Performance Bond shall be posted in the amount of One Hundred Eighty Thousand Six Hundred Forty Eight dollars ($180,648.00) and an additional Payment Bond shall be posted for one-half such amount. (b) A deposit, either with the CITY or a responsible escrow agent or trust company, at the option of the CITY, of money or negotiable bonds of the kind approved for securing deposits of public moneys in the sum of One Hundred Eighty Thousand Six Hundred Forty Eight dollars ($180,648.00) and Ninety Thousand Three Hundred Twenty Four dollars ($90,324.00). • (c) An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter(s) of credit issued by such a financial institution in the sum of One Hundred Eighty Thousand Six Hundred Forty Eight dollars ($180,648.00) and Ninety Thousand Three Hundred Twenty Four dollars ($90,324.00). Such instrument or letters of credit shall be for a term of not less than the period allocated to complete the improvements. (d) A lien securing the sum of One Hundred Eighty Thousand Six Hundred Forty Eight dollars ($180,648.00) and Ninety Thousand Three Hundred Twenty Four dollars ($90,324.00) upon the property to be divided, created by contract between the OWNER and the CITY, if the CITY finds that it would not be in the public interest to require the installation of the required improvement sooner than two (2) years after the recordation of the map. Bonds shall be essentially as outlined in Sections 66499.0 and • 66499.2 of the Government Code of California and shall secure all other expenses contemplated under this agreement and provided for under the provisions of 2 A13 NO IM Sections 66499.3 and 66499.3 of Title 7 of the California Government Code. (2) OWNER, in lieu of a bond requirement, with the approval of CITY, may place on deposit in an insured account with a bank or savings and loan in San Luis Obispo County, the sum of One Hundred Eighty Thousand Six Hundred Forty Eight dollars ($180,648.00) and Ninety Thousand Three Hundred Twenty Four dollars ($90,324.00). Such sum shall be a trust fund to guarantee performance and also to secure claims of all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and shall stand in the name of the CITY OF MORRO BAY alone, the bank or savings and loan to hold such money as Trustee for OWNER and such money shall not be subject to levy or attachment by any creditors of the depositor until the obligation secured thereby is completed to the satisfaction of and accepted by CITY. (3) OWNER shall furnish CITY evidence and proof of such deposit having been made and further shall deliver to CITY all passbooks for such account; provided, however, interest payable on such deposit(s) shall be paid over from time to time by the savings and loan to OWNER. • The CITY may declare a default in the event of a breach of this subdivision agreement and in such event may withdraw a reasonable sum to cure said default. (4) Said OWNER shall pay to the CITY (per Resolution 33-94) a direct cost sum to review improvement plans and inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. The CITY reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. (5) Said OWNER shall also pay to the CITY Two Hundred dollars ($200.00) plus a direct cost sum for map checking, as required by Section 16.24.050131 of the Morro Bay Municipal Code and Resolution 33-94. (6) Title 16, Chapter 16 of the Morro Bay Municipal Code, entitled "Subdivisions" - All plans and specifications on file with said City Engineer as part of said Subdivision Map, and all other documents filed with the CITY by the OWNER or its engineer and approved by the City Engineer in connection therewith are hereby referred to for further particulars in interpreting and defining the obligations of the OWNER under this agreement. 3 A13 NO IM . (7) OWNER agrees at its own cost and expense to make and complete all required improvements as specified in Paragraph (3) above. (8) OWNER agrees to indemnify and hold CITY harmless from any and all claims, whether or not meritorious, arising from said entry and construction from whatever cause, valid or not, and does hereby agree to defend and indemnity CITY against all suits, costs, losses, awards or judgments arising therefrom, both during construction and at all times subsequent to construction, until such time as the construction is completed, approved and accepted by the CITY. (9) With respect to required improvement, OWNER shall provide CITY with a certificate'of liability insurance showing CITY as an additional primary insured, without reduction or offset by reason of insurance which the CITY has in effect. Said insurance policy shall be in such amount and in such form and with such companies as are satisfactory to CITY. Said policy shall state by its terms and by an endorsement that said policy shall not be canceled until CITY shall have had at least thirty (30) days notice in writing of such cancellation. In the event a dispute arises under this agreement, the prevailing party shall be entitled to recover reasonable r, attorney's fees. (10) It is understood and agreed between the parties hereto, including the "Declaration of Design Engineer" of work by the Owner's Engineer, that the City Engineer of CITY or his representative shall inspect and pass upon all of said work or improvement to determine that said work conforms with the plans and specifications mentioned herein or the ordinances of CITY. (11) OWNER promises and agrees to complete all improvement work herein referred to, to the satisfaction of the City Engineer of CITY on or before one year from date of recordation of Tract Map. If completion of said work is delayed by acts of God or strikes, the OWNER shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provision of Section 2819 of the Civil Code of the State of California. No extension shall be given without the approval of the Morro Bay City Council, if necessary, imposing such conditions as are allowable by City Ordinance. Should the City Council approve said time • extension, the amounts of securities specified in this Agreement shall be increased 4 A13 NO IM in accordance with the increase of the Eng'n� eering News Record (ENR) • Construction Cost Index (CCI) as published by McGraw-Hill, Inc. The amounts of securities specified herein are based upon the CCI of 5,405.16 as published in the May 16, 1994 edition of ENR. (12) If said improvement work is not completed on or before the completion date herein specified under the foregoing section (11), OWNER agrees that CITY may complete the same. (13) If CITY shall complete said work of improvement, then and in that event, OWNER agrees that it will reimburse CITY for its full cost and expense in completing said work of improvement. (14) OWNER further agrees that CITY may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted to OWNER, to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements and recover the full cost and expense thereof from the OWNER or its surety or may at its option proceed, pursuant to the Subdivision Map Act, to revert to acreage. (15) Upon final completion of the work, OWNER shall give the City Engineer written notice of completion and shall request inspection and approval. The City Engineer will notify OWNER of any deficiencies found or will accept the work and certify to the City Administrator that all provisions of this AGREEMENT have been satisfied. The City Administrator is the only person authorized to act for CITY in releasing bonds or funds. Completion of the work shall be deemed to have occurred on the date as of which the City Council accepts said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defect in the same or any breach of this agreement. (16) OWNER shall file a Notice of Completion of the improvements herein specified. . (17) Upon acceptance by the City Council, CITY will release all but ten 5 A13 NO IM percent (10%) of the performance security furnished under sections (1) or (2) of this • agreement, that amount being deemed sufficient to guarantee faithful performance by the OWNER of its obligation to remedy any defects in the improvements arising within a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished in the performance of this agreement. The City, at its sole option, may cause said defects to be remedied and secure reimbursement of costs from owner or owner's sureties. (18) This AGREEMENT is made and executed in triplicate, and any of the three copies shall be for purposes deemed an original. (19) This AGREEMENT shall bind the heirs, executors, administrators, successofs and assigns of the respective parties of this AGREEMENT (20) tt is hereby mutually covenanted and agreed by the parties hereto that OWNER'S contractors are not agents of the CITY, and that the OWNER'S relations to CITY, if any, are those -of independent contractors. (21) OWNER does hold and save CITY harmless from any and all claims . arising from entry and construction on public property by OWNER or OWNER'S operations and does hereby agree to defend and indemnify CITY against all suits, costs, losses, awards or judgments arising therefrom. OWNER will advise its insurance carrier of this indemnity provision and the Certificate of Insurance will provide that it includes the contractual liability assumed in the Agreement to Indemnify. (22) OWNER will provide CITY with a Certificate of Liability Insurance showing CITY as an additional insured, without reduction or offset by reason of insurance which the CITY has in effect. Said insurance policy shall be in such form and with such companies as are satisfactory to the CITY. Limits of liability shall not be less then $500,000 for each occurrence, $1,000,000 aggregate, and $25,000 property damage. (23) OWNER agrees to indemnify CITY from any and all claims, losses, costs or expense arising from or related to CITY'S approval of OWNER'S subdivision project. This agreement to indemnify specifically includes claims for inverse condemnation made by adjoining owners in connection with any asserted adverse • effects of the proposed subdivision on the property of the adjoining owners. 6 A13 NO IM • (24) This agreement and the real property subject to this agreement shall not be transferred or assigned without prior written notice to and prior written consent of CITY. If there has been full compliance with the terms of the agreement, CITY will consent to an assignment, provided transferee assumes the subdivision agreement in a form satisfactory to CITY and provided further that all necessary replacement Performance and Payments Bonds and Insurance are issued in a form satisfactory to and accepted by CITY in writing. (25) This AGREEMENT shall not become effective unless and until the final subdivision map of Tract No. 2110 shall have been approved by the City Council of CITY and also accepted for recordation by the County Recorder of the County of San Luis Obispo. IN WITNESS WHEREOF, OWNER and CITY have caused this document to be executed on the day and year first above written. CITY OF MORRO BAY FRANK B. DENIS • A Municipal Corporation i Attest by City Clerk City of Morro Bay Z 7 A13 NO IM 1 2 3 4 5 6 7 8 9 10 11 12, 13'i 14 15 is 17 is 2L 22 23 24 25 26 27 JYni IaeU �J g$7zyDz AJ 7i FGOQOi46 Ffcwry Ft��y ' Ff,fSr 1b,nevic&. 7+Rt Doc no. 1IN-USUOJI Rec No: 00037186 Official Records :RF 79.00 RECORUIN4 RFCVE5TE11 BY AND RLTURN San Luis Obispo Co. :XI 1.00 G aforn w Coastal C.ission Francis N. Cooney 45 Fremont St... Suite w00 -- - -Recorder. San Francisco, CA 94105-2219 Nay 17, 1094 Time: 09:49 of 25j :TOTAL IRREVOCABLE OFFER TO DEDICATE EASEMENT FOR VERTICAL PUBLIC ACCESS AND DECLARATION OF RESTRICTIONS 60.00 THIS IRREVOCABLE OFFER TO DEDICATE VERTICAL ACCESS EASEMENT and DECLARATION OF RESTRICTIONS (hereinafter referred to as the -Offer-) is "40 this 14th day 6f September 19 93, by Frank B. Denis Sr. and Vetra Denis; B 4 F Denis. Inc. (hereinafter referred to as "Grantor"). I. WHEREAS* Grantor is the legal owner of a fee interest of certain real property located in the County of San Luis Obispo State of California, legally described as particularly set forth in attached EXHIBIT A hereby incorporated by reference (hereinafter referred to as the "Property"); and II. WHEREAS, all of the subject property is located within the coastal zone as defined in 130103 of the California Public Resources Code (hereinafter referred to as the 'Public Resources Code "); and III. WHEREAS, the California Coastal Act of 1976 (hereinafter referred to as the "Act") creates the California Coastal Comsission (hereinafter referred to as the "Commission") and requires that any coastal development permit approved by the Commissioa mat be consistent with the Policies of the Act set forth in Chapter 3 of Division 20 of the Public Resources Cade; and 1V. WHEREAS, the People of the State of California have a legal interest In the lands seaward of the mean high tide line; and V. WHEREAS, pursuant to the Act. the Grantor applied to the W I, J 1' 2 3 4 5 6 7 8 9 10 12 13 14 15 16 21 22 23 24 25 26 -o nwt rVnw 27 Commission to undertake development as defined in S30LO6 of the Public Resources Code within the coastal gone of San Luis Obispo County; and Vt. WHEREAS, a Coastal development Permit number 3-93-01 (hareiaafter referred to as the 'permit'j was granted on February 17, 19 93. by the Commission in accordance with the provisions of the Staff Recommendation and Findings attached hereto as ECHIRIT a and hereby incorporated by reference, subject to the following condition: 1. KIOR To TRANSMITTAL OF THE COASTAL DEVELOPMENT PERMIT. the applicant shall. b. submit to the Executive Director for review and approval a copy of the Irrevocable offer of dedication of Lot 11 to the City of Morro Say as a 'coastal access natural area' for public parking and access to the beach. V11. WHEREAS, the property is a parcel located between the first publi road and the shoreline; and VIIl. WHEREAS, under the polic Les of 630210 through 130212 of the Public Resources Code, public access to the shoreline and along the coast is to be "xieixed, and in all new development projects located between the first public road and the shoreline shall be provided; and IX. WMREAS, the Commission found that but for the imposition of the above condition, the proposed development could not be found consistent with the public access -policies of I30210 through 130212 of the Public Resources Code and that. therefore, in the absence of such a condition, a -2- RESOLUTION NO. 60-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF A GRANT PROPOSAL TO THE STATE DEPARTMENT OF FISH & GAME FOR A FISHERMEN'S INFORMATION CENTER IN MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, commercial fishing is a vital economic element for the economy of the City of Morro Bay; WHEREAS, commercial fishing is also an important draw to the City of Morro Bay's tourist industry; WHEREAS, these facts give the City of Morro Bay an interest in securing funds for, and operation of, a Fishermen's Information Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that it shall pursue a grant to operate a Fishermen's Information Center in Morro Bay. • BE IT FURTHER RESOLVED that the City Council directs staff to pursue and negotiate a grant contract for funds from Fisheries Enhancement Fund monies (SB 959) for creating a Fishermen's Information Center in Morro Bay to provide for the operation of a Fishermen's Information Center in Morro Bay. BE IT FURTHER RESOLVED that the City of Morro Bay appoint Morro Bay Commercial Fishermen's organization to act with City staff in pursuing the grant and operating a Fishermen's Information Center. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of June, 1994 on the following vote: AYES: Crotzer, NOES: None ABSENT: None Luna, Mullen, Unger, Yates ATTEST: BRIDGETT DAVIS, City Clerk • RESOLUTION NO. 59-94 SUBLEASE APPROVAL FOR A PORTION OF LEASE SITES 87-88/87W-88W AND A PORTION OF LEASE SITE 89/89W AND SETTING OF GENERAL SUBLEASE APPROVAL POLICY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain properties on the Morro Bay waterfront described as Lease Site 87-88/87W-88W and Lease Site 89/89W; and, WHEREAS, the City acts as manager and sets policy for the City Administrator to carry out in administration of these properties; and, WHEREAS, the Tenant of Lease Site 87-88/87W-88W and Lease Site 89/89W has requested City Council consideration of the current administrative requirement that all tenants must execute a Consent to Sublease form prior to City approval of a sublease agreement, even if the master lease does not specifically require the tenant to execute such a form; and, • WHEREAS, the master lease agreements for Lease Site 87-88/87W-88W and Lease Site 89/89W do not specifically require Consent to Sublease forms executed by the Tenant; and, WHEREAS, the City Council desires to clarify the existing administrative policy regarding Consent to Sublease forms and approve certain subleases on Lease Site 87-88/87W- 88W and Lease Site 89/89W. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that policy is hereby set that the City will require executed Consent to Sublease forms only from those tenants whose master lease agreements specifically require execution of said form. BE IT FURTHER RESOLVED that the City Council does hereby approve sublease of a portion of Lease Site 87-88/87W-88W with Larry Rose of Video Amusements, and hereby approves sublease of a portion of Lease Site 89/89W with Charles Davidson of Coral Sea Enterprises for a term so long as the Master Leases are not in default or breach and in no event longer than the current term remaining under the present Master Leases contingent upon the Tenant providing the City a copy of the fully executed sublease agreements. BE IT FURTHER RESOLVED that this approval shall only be effective so long as Sublessees agree to defend, indemnify, and hold the City free and harmless from and against any and all claims, losses, costs and expenses, including reasonable attorney's fees and court costs arising from or in any way related to Sublessees' holding, using or operating the subleased premises and maintain adequate liability insurance in the manner, form and amount required by the Master Lease with the City included as an additional primary insured without offset against the • City's insurance. Resolution #59-94 Page 2 BE IT FURTHER RESOLVED that approval of said sublease agreements is contingent upon Tenant and Sublessees complying with and obtaining any and all other required permits and approvals for initiation of the businesses on the sites including, but not limited to, City use permits and business licenses as required. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of June, 1994, by the following vote: AYES: Mullen, Unger, Yates NOES: Crotzer, Luna ABSENT: None BRIDGE1% DAVIS, CITY CLERK RESOLUTION NO. 58-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE, REFUND OF THE LEASE PURCHASE AGREEMENT FOR THE CITY OF MORRO BAY COMMUNITY CENTER THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council on May 23, 1994, authorized the firm of Mark Pressman Associates to proceed with refinancing the Community Center debt; and WHEREAS, with interest rates at an all time low, Mark Pressman Associates has informed city staff that refinancing the Community Center debt will result in savings to the city; and WHEREAS, all costs incurred in refinancing this debt shall be borne by Mark Pressman Associates; and WHEREAS, Mark Pressman Associates has informed city staff that this refinancing project should be completed within sixty (60) days. • NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Mark Pressman Associates is hereby authorized to refund the Lease Purchase Agreement for the City of Morro Bay. PASSED AND ADOPTED this 13th day of June, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: L���- BRIDGE-9 DAVIS 40 City Clerk 0 RESOLUTION NO. 57-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, AUGUST 9, 1994, CALLED BY RESOLUTION NO. 44-94 OF THE CITY COUNCIL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a Special Municipal Election to be held on Tuesday, August 9, 1994 has been called by Resolution No. 44-94, adopted on May 9, 1994. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: SECTION ONE: That for the purpose of holding the Special Municipal Election, there is established eight (8) voting precincts consisting of the regular election precincts in the City of Morro Bay established for the holding of state and county elections, as . the regular election precincts exist on the date of adoption of this resolution. That the polling places for the respective precincts shall be the places designated; and that the persons named, being competent and voters and residents of the City are appointed precinct board members for their respective voting precincts and they shall conduct the election in the manner provided by law. That those precincts without designated Inspectors and/or Judges will be appointed by the City Clerk prior to the election. Voting Precinct 1 - (Comprising regular election precinct 34) Polling Place: Del Mar School, Multi -Purpose Room, 501 Sequoia Street, Morro Bay Inspector: Florence Bennett Judge: Lola Clark Judge: Marilyn Larson Voting Precinct 2 - (Comprising regular election precinct 35) Polling Place: Del Mar School, Multi -Purpose Room, 501 Sequoia Street, Morro Bay Inspector: Douglas Stuart Judge: Izabel Stuart Judge: Pauline Duart Resolution No. 57-94 • Page Two Voting Precinct 3 - (Comprising regular election precinct 41) Polling Place: St. Timothy's Parish Hall, 962 Piney Way, Morro Bay Inspector: Donald Thorndyke Judge: Gladys Thorndyke Judge: William Stafford Voting Precinct 4 - (Comprising regular election precinct 38) Polling Place: Morro Bay Veteran's Building, 209 Surf Street, Morro Bay Inspector: Mary Marshall Judge: Geraldine Price Judge: (to be appointed) Voting Precinct 5 - (Comprising regular election precinct 39) Polling Place: Morro Bay Veteran's Building, 209 Surf Street, Morro Bay • Inspector: Lorraine Yake Judge: Margaret Starbuck Judge: Sue Johnson Voting Precinct 6 - (Comprising regular election precinct 36) Polling Place: St. Timothy's Parish Hall, 962 Piney Way, Morro Bay Inspector: Steve Marketello Judge: Constance Koppenhafer Judge: Marriana Frost Voting Precinct 7 - (Comprising regular election precinct 40) Polling Place: Library Program Room, 625 Harbor Street, Morro Bay Inspector: (to be appointed) Judge: (to be appointed) Judge: (to be appointed) Resolution No. 57-94 • Page Three Voting Precinct 8 - (Comprising regular election Precinct 37) Polling Place: Morro Bay Veteran's Building, 209 Surf Street, Morro Bay Inspector: (to be appointed) Judge: (to be appointed) Judge: (to be appointed) SECTION TWO: Each polling place will have one Inspector and two Judges. The compensation of these precinct board members is fixed at the sum of $65.00 for each Inspector and $55.00 for each Judge for the election. SECTION THREE: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of June, 1994 on the following vote: • AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AVIS, City Clerk • RESOLUTION NO. 56-94 • RESOLUTION ESTABLISHING WATER RATES THE CITY COUNCIL City of Morro Bay, California WHEREAS, it is incumbent upon the City to reliably generate funds on an annual basis to provide for supply, infrastructure, facilities, and operations of the City's potable water supply system; and WHEREAS, the water rate structure currently in place does not provide adequate generation for identified needs for fiscal year 1994-95; and WHEREAS, it is therefore appropriate and necessary to increase water rates to a level appropriate to generate funds reflecting these identified needs; and WHEREAS, the attached Water Rate Table reflects this increase. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that water rates pursuant to the attached Water Rate Table are hereby adopted effective July 1, 1994 and thereafter. is PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27fh, day of June 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Yates NOES: Unger ABSENT: None ABSTAIN: None ATTEST: BRIDGET tDAVIS, City Clerk WT6/LCC56-94 L_J 40 • CITY OF MORRO BAY PUBLIC WORKS DEPARTMENT WATER RATE TABLE VARIABLE RATE OPTION NO. 2 35% INCREASE UNIFORMLY APPLIED TO ENTIRE RATE STRUCTURE ADOPTED BY RESOLUTION NO. 81-92 WITH THE SINGLE EXCEPTION THAT USERS DEFINED AS "HEALTH CARE FACILITIES" (VIA SEPARATE ACTION) SHALL RETAIN THE RATE STRUCTURE ADOPTED BY RESOLUTION NO. 81-92 WTB/LC:C:BILL :BILL5 0 • RESOLUTION NO. 55-94 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 11, 1994 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 1, 1994 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 1994-95 Fiscal Year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of June, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: • B IDGET DAVIS, CITY CLERK d2/w/admi d City of Morro Bay Morro Bay, CA 93442 • 805-772-6200 May 23, 1994 < x k Dear Property Owner: The Coastal Commission has required all property owners within Bayshore Village to pay for the maintenance of Bayshore Bluffs Park. The City has formed a Landscaping and Lighting Assessment District which includes your property designated as the Bayshore Bluffs Park Maintenance Assessment District. The City assesses each of the property owners within the Bayshore Bluffs Park Maintenance Assessment District a fee for the annual maintenance costs of the park as specified in a District Engineers report which is reviewed annually by the City Council. Pursuant to the requirements of the Landscaping and Lighting Act of 1972, as amended, the City Council of the City of Morro Bay hereby notices you and all property owners that a public hearing to discuss the Council's intention to levy an annual assessment of approximately $398.24 per assessable parcel shall be discussed at the June 13, 1994 meeting with a protest hearing to actually levy the approximate assessment to be held on July 11, 1994. *As a property owner you may protest the proposed assessment by addressing a protest letter to: City Clerk, City of Morro Bay, 595 Harbor Street, Morro Bay, CA 93442 Attention: Bayshore Bluffs Park Assessment District Engineer. • YOU HAVE THE RIGHT TO FILE A WRITTEN OR VERBAL PROTEST WITH THE CITY CLERK OR VERBALLY PROTEST IN FRONT OF THE CITY COUNCIL. Should you have any questions or concerns regarding the proceedings or possible levying of an assessment to maintain Bayshore Bluffs Park, please contact the undersigned Bayshore Bluffs Park Maintenance Assessment District Engineer. signed: Andrea Lue er, Director Recreation and Parks AL:dd d11/w/letters/bbped FINANCE 595 Harbor Street ADMINISTRATION 595 Harbor Street FIRE DEPARTMENT 715 Harbor Street PUBLIC WORKS 695 Harbor Street HARBOR DEPARTMENT COMMUNITY DEVELOPMENT POLICE DEPARTMENT 1275 Embarcadero 535 Harbor Street 850 Morro Bay Boulevard RECREATION AND PARKS 1001 Kennedy Way EXHIBIT VIA" !_OfZlo4Zia) aiAVE "1*163I q BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT • ANDREA R. LUEKER DIRECTOR, RECREATION AND PARKS JUNE 1, 1994 9 Fm,, W1l1'sf. t-h n \ I N T_ moo, 2iz65' 75• ' MAIN ED o. y 3 6 o Y 295= -R. 729 N 68°1O'C6,,:Y 324.65' 65,34 N 28`33'54"W c4.85 N28°4 •i •231.W 70. n; '1 NI1018'36"E '•, 2 5.5'0 • N N iJ 28 009'22W 74. 80.53, yam•\ . , 10 T \ N;4��3�;."W �y t �p t1 24.24' 01 } m i J' y �c N 13'19'28 •'t9 78 •0' 1 PG. 30 \ W 5 12 3. Boundary of Bayshore Bluffs Park Maintenance District 9 1)RIVE 8A SNORE >v 64! ;g 49 , 4 cl 63 0 5G. T2 62. 51. J TN P! - 6� r 7 6 7z rn5 ti ; n \57 TSB 53. 66 r+ 54.li LS) •per ` TR. 729 N 88 t • BAYSHORE BLUFFS PARK 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 1994-95 F.Y. maintenance of Bayshore Bluffs Park. BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT OBJECT 110-166: Personnel Services $14,026.00 Maintenance Worker II Leadworker Director 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 $ 4,895.00 • Electricity, Garbage, Restroom, Water/Sewer OBJECT 370: Repair and Maintenance Services $ 5,762.00 • Additional Electrical Repair Anticipated • Plumbing Services • Tree Maintenance OBJECT 390: Miscellaneous Services $ 400.00 • Sign Refurbishment and Repair, Uniforms TOTAL BUDGET $26,673.00 TREE TRIMMING 1/2 OF $4,000 BI-ANNUAL CHARGE $ 2,000.00 1994-95 F.Y. ANNUAL ASSESSMENT FOR MAINTENANCE $28,673.00 d10/w/admin/bbpmad E • LANDSCAPE MAINTENANCE 811 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 .03 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. 1.05 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, Stale and/or Federal permits or Licenses. PART 2.00 - MATERIALS 2.01 PLANT MATERIAL . 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 systerrl 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. 0 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. It. 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. 3.02 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. n u • • • F. Staking & Tying - Stakes and ties shall be adjusted to prevent girdling and chafing and shall be removed as soon as frees show signs of inherent stability. 3.04 MAINTENANCE T. 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 filler. -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 #1175. 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. 3.06 EXTRA WORK A All removal or reptecem" 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 u 5 APPENDIX I LANDSCAPE MAINTENANCE P E 10 PLANT LEST BAYSHORE (BLUFFS PARK TREES NOTES Existing: EUCALYPTUS GLOBULUS Blue Gum PINUS RADIATA Monterey Pine CUPRESSUS MACROCARPA Monterey Cypress New: MELALEUCA QUINQUENERVIA Cajeput Tree SHRRUBSIHERBACEOUS PERENNIALS MYOPORUM LAETUM NCN JUNIPERUS PROCUMBENS NANA Japanese Garden Juniper SOLLYA HETEROPHYLLA Australian Bluebell Creeper ASPARAGUS'SPR ENGERI' 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 tx/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. F1 pb/,& JWF L 02 i7 "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 L A r Lasihenia 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.) rl L u 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. 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. E TIMBER STRUCTURES • PART 1.00 - GENERAL 1.01 DESCRIPTION Work includes, but is not limited to, repair and/or maintenance of park "LookoutEtructure & 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. B. All work shall be performed by a qualified/licensed Contractor. C. Alt 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 following requirements: • 1. Replacement Structural Timber & Lumber - a. Replacement structural timber 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. PART 3.00 - EXECUTION 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. E 2 . 0 2 TREE WORK PROCEDURES (CONTINUED) 3. Avoid stub cutting. Trim to an attractive, natural appearance by removing entire limbs and/or drop crolching, (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. 0 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. 5. 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. 2 A • 0 City of Morro Bay RESOLUTION 54-94 A Resolution of the City Council of the City of Morro Bay Authorizing the Mayor to Execute a Grant in the Amount of $1,850 Provided Under The Cooperative Forestry Assistance Act of 1978 The City Council City of Morro Bay, California BE IT RESOLVED, that the City Council of the City of Morro Bay, State of California, in regular session, assembled on 13 June 1994, authorizes and directs the Mayor to execute on behalf of the Morro Bay Fire Department, San Luis Obispo County, between said department and State of California Department of Forestry and Fire Protection for a grant in the amount of $1,850.00 provided under the Cooperative Forestry Assistance Act of 1978 (PL 95-313). PASSED AND ADOPTED by the City of Morro Bay City Council at a regular meeting thereof held on the 13th day of June, 1994 on the following vote: AYES: NOES: ABSENT: ATTEST: BRIDGETT DAVIS, Crotzer, Luna, Mullen, Unger, Yates None None e rk i WILLIAM YATES, Mayor E RESOLUTION NO. 53-94 RESOLUTION AMENDING MORRO BAY DIAL -A -RIDE OPERATIONS AGREEMENT WITH MAYFLOWER CONTRACT SERVICES, INC. TO INCLUDE OPERATION OF A PILOT TROLLEY SERVICE AND ESTABLISHING TROLLEY FARES AND ADVERTISING RATES AND POLICIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, following a public hearing, the City Council adopted on May 9, 1994 Resolution No. 41-94 establishing a pilot trolley service for the period June 10, 1994 through October 16, 1994 and related operations and maintenance funding, including a designated trolley route; and WHEREAS, following a public hearing on May 9, 1994, the City Council introduced and Is adopting the first reading by number and title only of Ordinance No. 438 making findings and adopting a one-time trolley operations and maintenance fee for businesses along the trolley route; and WHEREAS, following a public hearing, the City Council adopted on May 9, 1994 Resolution No. 42-94 allocating parking in -lieu fees in an amount not to exceed $40,000 for the purchase of a used trolley, including the funds necessary to make the vehicle operational, and approved the purchase of a used trolley; and WHEREAS, following an extensive nationwide search for a used trolley in good condition within said budget described hereinabove, City purchased a 1985 Molly Trolley on May 12, 1994; and WHEREAS, the City Council adopted on May 23, 1994 Resolution No. 52-94 establishing said fee in the amount of twenty-five dollars to help support said pilot trolley service for inclusion in the Master Fee Schedule for FY 1994/95; and WHEREAS, to implement said pilot trolley service, it is necessary to establish arrangements for operations and to also establish trolley fares and advertising rates and policies; and r • WHEREAS, City has determined the most cost-effective way to operate said pilot trolley service is to amend the Morro Bay Dial -A -Ride Operations Agreement with Mayflower Contract Services, Inc. dated May 11, 1992 to include the operation of said pilot trolley service; and WHEREAS, Mayflower Contract Services, Inc. has the management and technical experience, expertise, personnel, and other assets necessary to operate said pilot trolley service and operates a trolley service for the City of San Luis Obispo, California; and WHEREAS, Mayflower Contract Services, Inc. desires to provide said service to City; and WHEREAS, it is in the public interest for the cost of said pilot trolley service not to exceed the revenues derived from a combination of said one-time trolley operations and maintenance fee, fares, and advertising to minimize the possibility of a City subsidy of said service; and WHEREAS, it is necessary to establish trolley fares and advertising rates to help finance said pilot trolley service as well as to establish advertising policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: • 1. The Morro Bay City Dial -A -Ride Operations Agreement with Mayflower Contract Services, Inc. dated May 11, 1992 is hereby amended to include the operation of the pilot trolley service described hereinabove as set forth in the Amendment attached hereto and incorporated herein by reference. 2. The City Administrator is hereby authorized to sign said amendment. 3. The Morro Bay Dial -A -Ride Operations Agreement with Mayflower Contract Services, Inc. dated May 11, 1992 is hereby incorporated herein by reference. 4. Resolution No. 41-94, Ordinance No. 438, Resolution No. 42-94, and Resolution No. 52-94 are hereby incorporated herein by reference. 5. A trolley fare of twenty-five cents per passenger per ride is hereby established for said pilot trolley service provided, however, that up to two children of five years of age and under shall ride for free when accompanied by a fare -paying adult or other responsible person. 6. Rates for advertising on the trolley during said pilot trolley service are hereby approved as set forth in the Exhibit A, attached hereto and incorporated herein by reference. P . PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 23rd day of May, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGE11 DAVIS, City Clerk • dr:uptonl:trollcy5 • EXIlIBIT A • TROLLEY ADVERTISING RATES AND POLICIES 1. Advertising Rates: The trolley has a total of 27 spaces for advertising (10 exterior, 17 interior). Rates for advertising are hereby established as follows: Location Monthly Rate Exterior Curbside 3 spaces, 59-7/8" x 19-7/8" $150.00 Exterior Curbside Next To Door 1 space, 35-7/8" x 19-7/8" $ 75.00 Exterior Street Side 3 spaces 59-7/8" x 19-7/8" $100.00 Exterior Rear Panels 2 spaces, right side and center, 30" x 19-7/8" $ 75.00 1 space, left side, 28" x 19-7/8" $ 75.00 Interior 17 spaces, 27-1/2" x 12-1/2" $ 50.00 2. Sign Materials: Exterior signs shall be on sheet aluminum. Interior signs shall be on poster board. 3. Sign Arrangements: The Morro Bay Chamber of Commerce (MBCC) will coordinate trolley advertising, signage, and billing. Advertisers will arrange for their own graphics and purchasing of signs through a vendor of their choice, provided, however, that a proof of each proposed sign must be reviewed and approved in advance by a committee of City and MBCC representatives. Each sign must be made from the materials set forth in Section 2 hereinabove and advertisers shall own their respective signs. MBCC will provide information to advertisers about sign makers and may arrange special sign rates with one or more vendors. In the event advertisers do not pay their respective monthly rate, the sign will be removed from the trolley and returned to the advertiser. 4. Eligible Advertisers: Any commercial business is eligible to advertise on the trolley. Advertisements promoting the use of alcohol, cigarettes, and similar controversial matters will not be accepted. dcupton 1 arolley5 0 RESOLUTION NO. 52-94 • RESOLUTION ESTABLISHING A ONE-TIME TROLLEY OPERATIONS AND MAINTENANCE FEE FOR BUSINESSES ON THE TROLLEY ROUTE FOR INCLUSION IN THE MASTER FEE SCHEDULE FOR FY 1994/95 THE CITY COUNCIL City of Morro Bay, California WHEREAS, following a public hearing, the City Council adopted on May 9, 1994 Resolution No. 41-94 establishing a pilot trolley service and related operations and maintenance funding, including a designated trolley route; and WHEREAS, following a public hearing, the City Council introduced and conducted the first reading by title only of Ordinance No. 438 making findings and adopting a one-time trolley operations and maintenance fee for businesses along the trolley route; and WHEREAS, the City Council conducted the second reading of Ordinance No. 438 by title only on May 23, 1994 and adopted said ordinance on said date, which will become effective on June 22, 1994 and expire on June 30, 1995 unless renewed or extended by the City Council; and • WHEREAS, Section 5.14.020 of said Ordinance provides for the City Council to establish a trolley operations and maintenance fee in accordance with the Master Fee Schedule as modified from time to time by resolution for businesses within one lineal block walking distance of the designated trolley route; and WHEREAS, the City Council conceptually approved on April 11, 1994 such a fee in the amount of twenty-five dollars, and WHEREAS, it is in the public interest to establish such a fee to help support the pilot trolley service described hereinabove for inclusion in the Master Fee Schedule for FY 1994/95. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. A one-time trolley operations and maintenance fee in the amount of twenty-five dollars to help support the pilot trolley service established pursuant to Resolution No. 41-94, incorporated herein by reference, is hereby approved in accordance with Section 5.14.020 of Ordinance No. 438, also incorporated herein by reference. 2. Said fee shall be effective June 22, 1994 and shall be included in the Master Fee Schedule for FY 1994/95, • 3. Said fee shall be due and payable on or before July 1, 1994 and shall be billed and collected by the • Finance Department in conjunction with the annual business license fee process. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 23rd day of May, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None WILLIAM PATES, ATTEST: • 1 BRIDGET AVIS, ity Clerk 40 RESOLUTION NO, 51-94 RESOLUTION ACCEPTING CONSTRUCTION OF PROJECT NO. PW 93-02 FISHERMENS GEAR STORAGE AREA AS COMPLETE BY RARIG CONSTRUCTION, INCORPORATED THE CITY COUNCIL City of Morro Bay, California WHEREAS, Pursuant to the State of California Public Contract Code, Project No. PW 93-02, Fishermens Gear Storage Area was competitively bid; and WHEREAS, Rarig Construction, Incorporated, of San Luis Obispo, California submitted the lowest responsible bid and was awarded the construction contract by the Morro Bay City Council on January 24, 1994; and WHEREAS, said firm has completed the project in accordance with the project plans and specifications as evidenced by certification of the City's Project Manager. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the construction of Project No. PW 93-02, Fishermens Gear Storage Area is • hereby deemed to be complete and is accepted on behalf of the public; and BE IT FURTHER RESOLVED, the City Administrator be authorized and directed to cause the execution of documents necessary to reflect this completion and acceptance. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 23rd day of May, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: . BRIDGETT VIS, City Clerk CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS CERTIFICATION OF COMPLETION The undersigned hereby certifies that the construction of Project No. PW 93-02; Fishermans Gear Storage Area by Rarig Constriction- Ind,_ San Luis Obispo, Ca has been inspected and found to comply with the approved plans and specifications • and has been accepted as having been completed in accordance therewith. It is, therefore, requested that the City Clerk file a Notice of Completion. By:`���G Title: Project Manager z Date : /-�a� / / 1-f¢ 9 C� NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the construction of Project No. PW 93-02; Fishermans Gear Storage Area in the City of Morro Bay, has been completed by Rarig Const. ,Inc. ,San L u i s Obi spo as accepted as completed on May 23 1994 k/ BRIDGET AVIS, City Clerk City of Morro Bay, California • The undersigned hereby deposes and says: That she is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that she has read the foregoing notice and knows the contents thereof; that the same is true of her own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this o? V4 day of 194. drm ice:cmplm PA BRIDGETT AVIS, City Clerk City ofMorr ay, California • RESOLUTION NO. 50-94 APPROVAL OF SUBLEASE AGREEMENT WITH THE MORRO BAY COMMERCIAL FISHERMANS ORGANIZATION FOR OPERATION OF THE GEAR STORAGE AREA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay, acted as lead agency with the Morro Bay commercial Fishermans Organizatin (MBCFO), in a grant application from the California Coastal Conservancy for construction of a gear storage area in 1992; and, WHEREAS, construction of the Gear Storage Area is now complete; and, WHEREAS, a lease agreement with Pacific Gas and Electric for use of the Gear Storage Area was executed on August 23, 1993 which requires City Council approval for any sublease of the area; and, WHEREAS, the City and MBCFO have entered into a sublease for a portion of the Gear Storage Area which will allow MBCFO to manage the Gear Storage Area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the sublease between the City of Morro Bay and the Morro Bay Commercial Fishermans Organization is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the sublease agreement for 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 23rd day of May, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None SUBLEASE AGREEMENT • This Sublease Agreement ("Sublease") is made as of this 23rd day of MaY 1 1994 by and between the CITY OF MORRO BAY ("City") and MORRO BAY COMMERCIAL FISHERMANS ORGANIZATION, Inc., a California non-profit corporation ("Sublessee"). WHEREAS, the California Coastal Conservancy has granted the City funds to construct a Fisherman Gear Storage area in Morro Bay as outlined in Agreement #91-055 dated January 22, 1992; and WHEREAS, Pacific Gas and Electric (PG&E) has endorsed the project and executed a lease agreement with the City for the project dated August 31, 1993, a copy of which is attached to this Sublease; and WHEREAS, City will use a portion of the project site for the Harbor Department Maintenance Yard; and WHEREAS, City has agreed to sublease a portion of the project site to the Sublessee under certain conditions so Sublessee may provide a low cost and convenient gear storage area for commercial fishermen. NOW THEREFORE, the parties hereto agree as follows: 1. SUBLEASED AREA, CONDITION OF SITE The subleased area, hereinafter called "Site", shall be that portion of the Gear Storage Area • Project outlined in yellow as shown on the attached Site Map labeled "Exhibit A" and incorporated herein by reference. City hereby leases the Site to Sublessee for the Sublease Term (as defined in Section 3). The Site is leased to Sublessee in an "as is" condition and Sublessee agrees that it has investigated the condition of the Site and the plans for construction of the Gear Storage Project on the Site and determined that said plans and the Site are suitable to the operations of Sublessee. 2. MAINTENANCE, REPAIR AND MANAGEMENT OF THE SITE Sublessee agrees to repair and maintain the improvements to be constructed on the Site and that City shall have no obligation to repair or maintain the Site. Sublessee agrees to repair and maintain the asphalt surface, landscaping, building improvements and all other aspects of the Site in good, usable and safe condition at all times. Sublessee acknowledges that safety and maintenance of the Site are a critical concern to City and PG&E and agrees to cooperate with City and PG&E in conducting inspections of the Site at any reasonable time set by City or PG&E and to promptly and fully comply with City's or PG&E's requests for any repair or maintenance which may result from said inspections, including removal of any personal property. The Sublessee shall designate one person to coordinate the on -site management, maintenance, and operation responsibilities under this Sublease and shall keep City notified of the name and phone number of the designated person at all times. The Sublessee's designee shall actively operate and manage the Site by performing any duties which are required to operate, maintain and manage the Site in good order and condition and to • avoid unfavorable impact upon the environment, ecology and aesthetics of the surrounding neighborhood, including, but not limited to, the following: . a.. Ensure that the Site is used only for the sole purposes of commercial fishing gear storage, and commercial fishing equipment repair. Prohibit any fiberglassing, power sanding, welding; sand blasting, grinding or any similar types of maintenance or repair or repair of motor engines, compressors or other similar types of equipment which involves the storage or use of oil, fuel or other potentially hazardous substances on the Site. b. Prohibit storage or use of potentially hazardous substances on the Site, including, but not limited to, paints, paint thinners, gasoline, solvents, resins, epoxies, tars, and petroleum distillates. C. Prohibit storage of any fish, fish products or fish by-products on the Site. d. Prohibit any alteration to or construction on the Site without express prior written approval of the City Harbor Director. e. Keep the Site and all appurtenances to it in good condition and free from vandalism and avoidable wastage. Provide tenants with key locks for their storage units and hold a key deposit during the term of tenancy. Provide locks for gates on fences surrounding the Site. f. Require each tenant of the Site to agree to sign in full the rental agreement attached as Exhibit B and incorporated herein by reference. Enforce the terms of the rental agreements between the Sublessee and tenants, including, but not limited to, providing termination notices to and, if necessary, initiating eviction proceedings for tenants in violation of any covenant of their rental agreement. The Sublessee shall hire a bookkeeper • to maintain accurate records of payment of rental amounts and submit an annual financial statement to the City in conformance with Section 20 hereof. g. Assure that tenants store and repair their gear in a safe manner. If a tenant's activities are deemed unsafe, issue a warning to the tenant with instructions on how the tenant can cure the safety problem; if, within a reasonable amount of time determined by the severity of the hazardous condition, the tenant does not correct the problem, inform the tenant in writing that the tenant is in violation of his or her rental agreement and terminate the rental agreement. If the safety problem is of a nature which could forseeably result in an immediate injury or property damage, the Sublessee shall take action as necessary to minimize the risk of injury or damage. h. Periodically, at intervals not to exceed once a month during the term of this Sublease, inspect the Site for any evidence of physical deterioration or hazardous conditions, and report such findings to the City, including any recommendation for actions necessary to maintain the Site in good condition and order. Upon discovery of any hazardous condition which could forseeably result in injury or property damage, the Sublessee shall additionally: (a) take such action as is reasonable and necessary to minimize the risk of injury or damage, including, without limitation, the posting of warning signs, and notify the City of specific actions taken; and (b) cooperate with the City in curing any hazardous condition. 3. TERM The term of this Sublease ("Sublease Term") shall commence on June 1, 1994 and terminate on September 30, 1998 ("Termination Date"). Page 2 of 10 4. OPTION TO EXTEND • Subject to all other terms and conditions of this Sublease, Sublessee shall have the option of extending the Sublease Tenn for three (3) additional and consecutive periods of five (5) years each. Sublesseemustexercise said option at least six (6) months prior to the Termination Date of this Sublease and at least six months prior to termination date of any extensions by notifying the City of its intention in writing (the "Option Notice"). However, if Sublessee is in default on the date of giving the Option Notice or by the passage of time will be in default, the Option Notice shall be totally ineffective or if Sublessee is in default on the date the extended term is to commence, said extended term shall not commence and the Sublease shall expire at the end of the previous term. The annual rent for each option period shall be negotiated ninety (90) days prior to the expiration of each successive five year period in conformance with the Lease Agreement between the City and PG&E dated August 31, 1993 (the "Lease Agreement"). A copy of the Lease Agreement is attached hereto as Exhibit C and incorporated herein by reference. 5. RENT No rent payments shall be required for the initial Sublease Term. It is anticipated that the City will require rent equal to the rent charged by PG&E to the City for use of the property under any optional extension of this Sublease. 6. HOLDOVER Any holdover by Sublessee beyond the Termination Date or the termination date of any extension of this Sublease shall be on a month to month basis, terminable on 30 days notice by either party for any reason. Monthly rent for the holdover period shall be Five Hundred Dollars ($500.00). Sublessee shall abide by all of the terms and conditions of this Sublease during any such holdover period, including without limitation restrictions on use, maintenance or insurance and payment of taxes. • 7. RESTRICTIONS AND PERMITTED USES Sublessee shall not violate or cause City to be in violation of any term or condition of the Lease Agreement. Sublessee agrees that, in connection with the use and operation of the Site, Sublessee shall use the Site only for rental of commercial gear storage areas to individual owners of commercial fishing vessels or corporate owners of fishing vessels or marine related non-profit organizations. Repairs shall be limited to net or gear repair work as outlined in Section 2. Any other use, without prior written approval of the City's Harbor Director, shall be a violation of this Sublease. Furthermore, Sublessee agrees that it shall not: a. Permit any use of the Site or any part thereof in a manner likely to cause injury, damage or an unsafe condition for the general public or the guests, employees, agents, renters and contractors of Sublessee or City. b. Permit undue accumulations of garbage, trash, rubbish or any other refuse by the guests, employees, agents, renters and contractors of Sublessee or cause or allow any circumstances or acts on the Site by the guests, employees, agents, renters and contractors of Sublessee which will result in pollution of any kind. C. Permit any use of the Site by the guests, employees, agents, renters and contractors of the Sublessee which will cause a cancellation of any insurance policy covering the Harbor area, or any part thereof, or any building or improvements thereon, any activity by the guests, employees, agents, renters and contractors of Sublessee which may be prohibited by any insurance policies covering the Harbor area, said buildings or improvements. • d. Waste water. Page 3 of 10 • e.. Erect, place, operate or maintain any improvement within the Site, nor allow to be conducted any business from the Site in violation of the terms of this Sublease, or in violation of any regulation, order of law, statute, bylaw or ordinance of a governmental agency having jurisdiction over the Site. f Allow storage in or use of the roadway in a manner that will block City access to the Site or the Harbor Maintenance Yard. g. Allow storage of any items or materials not related to commercial fishing on the Site. h. Permit welding or heavy industrial or mechanical repairs on the Site. 8. SIGNS All signs shall be in accordance with the "Sign Ordinance of the City of Morro Bay". "Sign" shall have the meaning set forth in said Sign Ordinance. The perimeter fence on the Site shall be conspicuously posted to restrict access beyond the fenced area. 9. GOVERNMENTAL REQUIREMENTS Sublessee shall at all times comply with and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with any and all laws, statutes and ordinances which govern, apply to or are promulgated with respect to the operation or use of the Site by Sublessee. So long as Sublessee continues to operate and use the Site, Sublessee shall comply with each and every requirement of all policies of public liability insurance which Sublessee is required to have in force with respect to the Site. The judgment of any court of competent • jurisdiction or the admission of Sublessee in any action or proceeding against it, whether the City be a party thereto or not, that Sublessee has violated any such law, ordinance or statute in the operation or use of the Site shall be conclusive of that fact as between the City and Sublessee. Sublessee agrees to indemnify and hold City harmless from any and all loss, expense and liability arising out of any violation of this Section 9. 10. TAXES Sublessee acknowledges and agrees that this Sublease may create a possessor interest subject to property taxation. Sublessee agrees to pay and discharge, during the Sublease Term and any extensions thereof, before delinquency, all taxes (including, without limitation, possessor interest taxes associated with Sublessee's interest in the Site and the execution of this Sublease), assessments, fees, levies, Sublessee and permit fees and other governmental charges of any kind or nature whatsoever upon the assessed value of Sublessee's interest in the Site. In the event the Site, or any possessory interest therein, should at any time be subject to ad valorem taxes or privilege taxes levied, assessed or imposed on such property, Sublessee shall only pay taxes upon the assessed value of its interest. 11. ADDITIONAL ALTERATIONS AND REPAIRS Prior to making any alterations to the Site, Sublessee shall obtain the written approval of the City's Harbor Director. In addition Sublessee will obtain any and all required permits, approvals or authorizations required by all governmental agencies for the proposed alterations or repairs. Sublessee shall pay and discharge all bills for labor and materials furnished at Sublessee's request for use upon the Site, and shall be solely liable and shall hold City harmless from liability for any and all claims, demands and causes of action that are brought rising out of, or in any way . connected with, any claims or liens for labor or materials or similar action. Page 4 of 10 12. OWNERSHIP OF IMPROVEMENTS All improvements to real property constructed on the Site by Sublessee after initial project construction as permitted or required by this Sublease shall, during the Sublease Term and any extensions thereof, be the property of Sublessee; provided, however, that Sublessee shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that Sublessee's rights and powers with respect to the improvements are subject to the terms and limitations of this Sublease. Upon termination, for any reason, all improvements, alterations or repairs to the Site shall become the property of City and Sublessee shall take such steps and execute such documents as are necessary to confer ownership on the City. 13. ASSIGNMENT AND SUBTENANCY This Sublease is personal in nature and may not be assigned or transferred by Sublessee for any reason. City may terminate this Sublease should Sublessee disincorporate or cease operations as an organization or assign its interest to another party. It is anticipated that Sublessee will directly rent out portions of the Site to numerous parties and Sublessee shall not enter into any agreement with any other parry to manage or operate the Site without prior written approval by the City. 14, INDEMNIFICATION Sublessee shall defend, indemnify and hold City, its officials, agents, employees, and volunteers, free and harmless from any and all liability, claims, losses, damages, or expenses arising out of or resulting from Sublessee's occupation, operation or use of said Site, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: a. The death or injury of any person who is a guest, employee, agent, renter or contractor of Sublessee, or by reason of the damage to or destruction of any property, including property owned by Sublessee or by any person who is a guest, employee, agent, renter or . contractor of Sublessee, from any cause whatsoever while such person or property is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site. b. The death or injury of any person who is a guest, employee, agent, renter or contractor of Sublessee, or by reason of the damage to or destruction of any property, including property owned by Sublessee or by any person who is a guest, employee, agent, renter or contractor of Sublessee, caused or allegedly caused by either (i) the condition of said Site or any part thereof, or (ii) any act or omission on said Site by Sublessee or any person in, on, or about said Site with or without the permission and consent of Sublessee. C. Any work performed on said Site or materials furnished to said Site at the instance or request of Sublessee or any person or entity acting for or on behalf of Sublessee. d. Sublessee's failure to perform any provision of this Sublease or to comply with any requirement of law or any requirement imposed on Sublessee or said Site by any duly authorized governmental agency or political subdivision. 15. INSURANCE Sublessee shall, at Sublessee's sole cost and expense, secure promptly after the execution of this Sublease and maintain during the Sublease Term and any extensions thereof the following insurance in a form and format acceptable to the City: Page 5 of 10 a. "All Risk" Coverage: Sublessee shall obtain and keep in force at all times "all risk" • coverage property insurance on all buildings, improvements and other structures on the Site as well as any future additions thereto. The policy shall name the City as primary additional insured, and shall insure the improvements on the Site for 100% of their full insurable actual replacement value by an insurance company acceptable to the City and authorized to issue such insurance in California with the City' named as loss payee. The insured amount of Sublessee's "All Risk" insurance will be at a minimum $200,000, which amount shall be adjusted periodically to reflect current actual replacement value for the improvements on the Site. Any and all fire or other insurance proceeds that become payable at any time during the Sublease Term and any extensions thereof because of damage to or destruction of any buildings or improvements on the Site shall be paid to the City and applied by the City to the cost of Sublessee repairing and restoring the damaged or destroyed building or improvements in the manner required by Section 16. b. General Liability: Sublessee shall, at Sublessee's own cost and expense, secure promptly after the execution of this Sublease and maintain during the entire Sublease Tenn and any extensions thereof, a broad form commercial general liability insurance policy or policies which insures Sublessee's public liability, property damage and business automobile exposures with the combined single limit of not less than $ 1,000,000. 00 issued by an insurance company acceptable to City which shall list City as the named primary additional insured, without offset to City's policies as respects all operations of Sublessee. C. General Insurance Requirements: Any deductibles or self -insured retentions must be declared to and approved by City in writing. The terms of said policies may be for such period as shall be designated by Sublessee; provided however, that within two (2) months prior to the expiration date of such insurance terms, Sublessee shall procure other policies of said insurance so that between the execution of this Sublease and the commencement of the Sublease Term and • throughout the entire Sublease Term or any extensions thereof, or until the sooner termination thereof, City, its officials, agents, employees, and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and "All Risk" property damage insurance, in accordance with the foregoing. Sublessee shall, within ten (10) days after the execution of this Sublease and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to City a true and correct copy of an insurance binder and within 45 days deliver to City a true and correct copy of a certificate of insurance and an endorsement naming the City as additional primary insured executed by the insurance company or companies or their authorized agent evidencing the policy or policies required under this Section 15. Each insurance policy required under this Section 15, including those insuring Sublessee against claims, expense, or liability for injury to persons or property, shall provide that the insured shall not acquire by subrogation any right to recovery which Sublessee has expressly waived in writing prior to occurrence of the loss. Sublessee hereby waives any right of recovery against the City for each such claim, expense, liability, or business interruption. Each insurance policy required by this Sublease shall contain a provision that it cannot be canceled for any reason nor can the coverage or limits be reduced unless ten (10) days prior written notice of the cancellation or reduction is given to City in the manner required by this Sublease for service of notices on City by Sublessee. 16. DAMAGE OR DESTRUCTION TO THE PREMISES This Sublease shall remain in full force and effect, including without limitation Sublessee's obligation to pay rent, in all events of damage or destruction except that in the case of total • destruction of the Site buildings or improvements, City may determine that it is not feasible to rebuild the Site and the City may, at its sole discretion, declare the Site totally destroyed by Page 6 of 10 Resolution of the City Council and terminate this Sublease on thirty (30) days written notice to • Sublessee. If the Site is damaged or destroyed by reason of fire, or any other cause, Sublessee shall immediately notify City_ If the buildings or improvements are partially damaged or destroyed by fire, or any other cause, Sublessee shall promptly repair or rebuild the buildings or improvements at Sublessee's expense so as to make the buildings at least equal in value to the buildings and improvements existing immediately prior to the occurrence and as similar to them in character as is practicable and reasonable. The City will apply and make available to pay to Sublessee the net proceeds of any fire or other casualty insurance paid to City after deduction of any costs of collection, including attorneys fees, for repairing or rebuilding as the same progresses. Payments will be made against properly certified vouchers of a competent architect or licensed builder in charge of the work and approved by City . Before beginning the repairs or rebuilding, or letting any contracts in connection with the repairs or rebuilding, Sublessee will submit for City's approval plans and specifications acceptable to the City for repair. Promptly after receiving City's approval of those plans and specifications, Sublessee shall begin the repairs or rebuilding and shall proceed with the repairs and rebuilding to completion with diligence. Sublessee shall obtain and deliver to City a final certificate of occupancy before the Site is reoccupied for any purpose. The repairs and rebuilding will be completed free and clear of mechanics or other liens, and in accordance with building codes and all applicable laws, statutes ordinances, regulations, or orders of any state or other public authority. Rent due under this Sublease, if any, will not abate pending repairs or rebuilding. City reserves the right at its sole discretion to ask for insurance proceeds to be paid directly to Sublessee in the case of minor damage where the Sublessee can efficiently and • effectively repair the damage directly, 40 17. DEFAULT In the event that Sublessee shall fail to perform any, agreement, covenant, term or condition set forth in this Sublease and Sublessee fails to cure the default (as determined by City in its sole discretion) within a reasonable time after receiving written notice of same from the City, but not more than thirty (30) days after receipt of written notification of the default, City may terminate this Sublease. Sublessee agrees that safety is a priority concern of the City and that City may require that events of default regarding hazardous or unsafe conditions or non-payment of rent must be cured within seven (7) days. In such case of hazardous or unsafe conditions or in the case of failure to pay rent, seven (7) days shall be considered a reasonable time to cure a default. On expiration or within fifteen (15) days after termination of this Sublease, Sublessee shall surrender to the City the Site and all Sublessee's additions, improvements, and alterations in good condition, except for ordinary wear and tear occurring after the last necessary maintenance made by Sublessee- The City may retain or dispose of, in any manner, any property that Sublessee does not remove from the Site on expiration or termination of this Sublease. Title to such property that the City elects to retain or to dispose of shall vest in the City. Sublessee waives all claims against the City for any damage to Sublessee resulting from the City's retention or disposition of any property. Sublessee shall be liable to the City for the City's cost for storing removing, and disposing of Sublessee's personal property. If Sublessee fails to surrender the Site to the City on the expiration or within fifteen (15) days after termination of this Sublease, Sublessee shall hold the City harmless from all damages resulting from Sublessee's failure to surrender the Site, including without limitation, claims made by succeeding sublessees. Page 7 of 10 18. NOTICES • If, at any time after the execution of this Sublease, it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the regular United States mail, postage prepaid and 1) if intended for City shall be addressed to: Harbor Director City of Morro Bay 1275 Embarcadero Morro Bay, CA 93442 and (2) if intended for Sublessee shall be addressed to: Morro Bay Commercial Fishermans Organization, Inc. PO Box 450 Morro Bay, CA 93443 or to such other address as either party may have furnished to the other in writing as a place for the service of notice. Any notice so mailed shall be deemed to have been given as of the time the same is deposited in the United States mail. 19. UTILITIES Sublessee is responsible for all costs of installation and maintenance and monthly charges for any and all utilities or services required by Sublessee at the Site. City shall not be liable for the failure • of utilities or services to the Site or for payment of any utilities to the Site. Sublessee shall indemnify and hold City harmless from any failure by Sublessee to maintain or pay for such services. 20. PURPOSE AND REQUIREMENTS FOR PROVISION OF A FINANCIAL STATEMENT City and Sublessee agree that the purpose of this Sublease is to provide a non-profit, low-cost, safe and convenient gear storage area for commercial fishermen. Sublessee agrees to operate the Site at all times in conformance with that purpose. Sublessee agrees to supply City within thirty (30) days of the close of each calendar year, a statement of financial activity including all revenues and expenses and a complete listing of the fee schedule or rental rates attributable to the Site so that City may be assured that the Site is being operated for the purpose of this Sublease. 21. SITE ACCESSIBILITY Sublessee shall provide City access to the Site at all times so that City may use the Harbor Department Maintenance Yard. Sublessee agrees that it will not allow blocking or closing of access to the Harbor Department Maintenance Yard at any time. 22. TERMINATION OF MASTER LEASE The Lease Agreement with PG&E for this Site allows PG&E to terminate the Lease Agreement under certain conditions. Should PG&E terminate the Lease Agreement for the Site, City shall give the Sublessee thirty (30) day notice of termination of this Sublease and in no case shall this Sublease continue beyond the termination date, for any reason, of the Lease Agreement. City shall have no liability to Sublessee for any such termination. Page 8 of 10 23. OCCUPANCY OF SITE WITH COMMERCIAL FISHING GEAR . Sublessee agrees to actively manage the Site at all times so that it is fully occupied by commercial fishermen with commercial fishing gear. To assure broad -based availability, at least 50% of all rented space shall be rented to separate individuals. Sublessee shall provide a list of all the users in the previous calendar year concurrent with providing the City the financial statement required by Section 20 hereof. City shall, during the Sublease Term or any extensions thereof, have the right, upon resolution of the Morro Bay City Council, to determine that the Site is not being fully occupied or operated at the required capacity or on broad -based availability and that the City could more effectively operate the Site for the public benefit. If the City Council makes such a determination, City may terminate this Sublease on thirty (30) day written notice from City to Sublessee. 24. MISCELLANEOUS a. _ Severability: In case any one or more of the provisions contained in this Sublease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Sublease, but this Sublease shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. b. No Liability for Non -Party : Nothing in this Sublease shall be construed to create any duty to, any standard of care with reference to, or any liability to anyone not a party, except as otherwise expressly provided herein. C. Construction: The words "City" and "Sublessee" as used herein shall include a corporation and include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. If there be more than one City and Sublessee, the • obligations hereunder imposed upon City and Sublessee shall be joint and several. d. Time of Essence: Time is of the essence of each and all of the agreements, covenants, terms and conditions of this Sublease. e. Governing Law: This Sublease shall be interpreted in accordance with and governed by the laws of the State of California as such laws are applied to contracts entered into by residents of California and wholly performed within California. The language in all parts of this Sublease shall be, in all cases, construed according to its fair meaning and not strictly for or against City or Sublessee. f. Entire Agreement: This Sublease, and all the Exhibits hereto, constitutes the full, complete and exclusive agreement between City and Sublessee with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, offers and negotiations, whether oral or written. This Sublease may not be amended or modified in any respect whatsoever except by an instrument in writing signed by City and Sublessee. g. Waiver: One or more waivers by the City of any term, covenant, or condition herein shall not be construed as a waiver of a subsequent breach of the same or any other term, covenant, or condition. The City's consent or approval shall not be deemed to waive or render unnecessary the City's consent to or approval of any subsequent or similar act of Sublessee. Page 9 of 10 h. Attorney's Fees: If either party shall bring legal proceedings against the other party • arising out of or in connection with this Sublease or the enforcement of any of its provisions, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of the suit in addition to any other relief granted. i. Captions of No Effect: The captions and table of contents of this Sublease are for convenience only and shall have no effect on its interpretation or application. IN WITNESS WHEREOF, City and Sublessee have executed this Sublease by proper persons thereunto duly authorized as of the date first hereinabove written. Approved as to Content CITY ADMINISTRATOR CITY OF MORRO BAY /2 1 f Forrest Henderson Approved as to Form CITY ATTORNEY C OF MORRO B Y • David Hunt 0 CITY OF MORRO BAY MORRO BAY COMMERCIAL FISHERMANS ASSOCIATION By: _ Nin3 "Ao— Cathy Novak, President By; �C �ei. 4 Sandy Winston, ice -President Page 10 of 10 i•' 1 tt ; i 2 d Y t. i >+ I i � F � W Vl 1 i EXHIBIT B MORRO BAY COMMERCIAL FISHERMANS ORGANIZATION (MBCFO) RENTAL AGREEMENT • (Month -to -Month Tenancy) Date: Name: Address: Phone: Space Number: Type of Rental Space or Special Conditions: . RENTAL AGREEMENT THIS RENTAL AGREEMENT is executed in duplicate this day of 19_, by and between Morro Bay Commercial Fishermans Organization, Inc: ("Manager") and ("Occupant") for the purpose of renting certain space as hereinafter described and with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created hereunder. Occupant hereby rents from Manager those certain premises described as space number: size (approx.): ("the premises") located at Embarcadero, Morro Bay, California ("the property"). 1. TERM: The term of this tenancy shall commence on , and shall continue on a month -to -month basis thereafter. If a tenancy commences past the loth day of the month, the rent shall be prorated on a daily basis. 2. RENT: Occupant shall pay to Manager the rental sum of $ per month, payable in advance and due on the first day of the month. Checks should be made payable to Morro Bay Commercial Fishermans organization, Inc. and mailed c/o In the event that the rental amount is not paid within five (5) days after the due date, Occupant shall pay a late fee of ten dollars • ($10.00). Occupant also shall pay a twenty-five dollar ($25.00) fee for any dishonored bank check. Occupant may pay several months' rent in advance. Occupant may also pre -pay 12 months rent and receive a 5 percent discount. Manager shall give Occupant thirty (30) days advance notice of any adjustment in the monthly rental amount. If •Occupant has made advance rental payments, the new rental amount shall be charged against such payments and Occupant shall pay the difference between the advance rental amount and the new rental amount. 3. DEPOSITS: Occupant shall pay in advance first and last month's rent and a deposit of fifty dollars ($50.00). The deposit shall be retained as security for the faithful performance and observance by Occupant of the terms, provisions and conditions of this tenancy, including, but not limited to, the payment of rent and additional rent and any cleaning expenses other than reasonable use and wear associated with Occupant's use of the premises during Occupant's tenancy. In the event Occupant fully and faithfully complies with all the terms, provisions and conditions of this tenancy, the deposit shall be returned to Occupant within two (2) weeks after termination of the tenancy. Occupant shall pay five dollars ($5.00) in advance for use as a key deposit for the key to the locked gates on the premises. Occupants of storage containers shall also pay in advance ten dollars ($10.00) for use as a key and lock deposit. Upon Occupant's return of the key and lock at the termination of Occupant's tenancy, the key and lock deposit shall be returned to Occupant. Manager shall not be required to segregate these deposits from its own funds and may commingle the same; the deposits shall not bear interest during the term of tenancy. 4. USE: Occupant shall use the premises for the sole purpose of • commercial fishing gear storage, or fishing equipment repair, as indicated on page one of this Rental Agreement. Occupant shall not use or store any potentially hazardous substances on the premises, including, but not limited to, paints, paint thinners, gasoline, solvents, resins, epoxies, tars, and petroleum distillates. Occupant shall not store any fish or fish products on the premises. Occupant shall refrain from performing any work on the property involving fiberglassing, power sanding, welding, sand blasting, grinding or any similar types of repair to fishing equipment. Occupant shall also refrain from performing any work on the property involving the maintenance or repair of motors, compressors, or other equipment which risk the spillage of oil, fuel or other potentially hazardous materials. Occupant shall store and repair Occupant's fishing gear, or fishing equipment in a safe manner and in accord with the terms, provisions and conditions of this Rental Agreement and Manager's established rules. 5. WASTE AND QUIET CONDUCT: Occupant shall not commit or suffer to be committed, any waste upon the premises, or any nuisance, or other act or thing which may disturb the quiet enjoyment of any other occupant of the property. 6. ALTERATIONS: Occupant shall not undertake any improvement or alteration to or construction on the premises or the property without the express written approval of Manager. Any such improvements or alterations shall, during the term of Occupant's tenancy, be the i property of Occupant; provided however, that Occupant shall have no right to waste, destroy, demolish or remove such improvements or alterations; and provided, further, that Occupant's rights and powers Page 2 of 6 with respect to the improvements and alterations are subject to the •terms and limitations of the Rental Agreement. Upon termination, all improvements and alterations to the premises shall become the property of Manager and Occupant shall take such steps and execute such documents as are necessary to confer ownership on Manager. Occupant shall indemnify and hold Manager, the City of Morro Bay and its officials, agents, employees and volunteers free and harmless from any and all liability, claims, losses, damages or expenses that arise out of or are in any way connected with any claims or liens for labor or materials or similar action. 7. RULES: Manager shall have the right from time to time to make rules as necessary for the safety, maintenance, management and operation of the premises and the property. Manager shall provide a copy of the current rules, if any, to Occupant upon Occupant's entry of the premises and shall provide seven (7) days written notice to Occupant of any subsequent modification of the rules. Occupant shall abide by the rules established by Manager. 8. CONDITION AND ABANDONMENT OF PREMISES: Manager warrants that the premises are in good order, condition and repair and in compliance with all local, municipal, state and/or federal laws, rules, regulations and ordinances. Occupant shall notify Manager of any evidence of physical deterioration, defect or hazardous conditions existing on Occupant's premises or on the property. Occupant shall not vacate or abandon the premises at any time during the term of tenancy and if Occupant shall abandon, vacate or surrender the • premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Occupant and left on or in the premises shall be deemed to be abandoned, at the option of the Manager. Manager may sell and retain the proceeds from the sale of abandoned personal property. 9. INSPECTION: Manager may enter Occupant's premises for the purpose of inspection without prior notice to Occupant whenever Manager believes or has reason to believe that any hazardous condition or nuisance has been created, or is occurring on the premises, or for emergency repairs, or inspections by governmental authorities. Notwithstanding the above, Manager shall provide Occupant with twenty- four (24) hour advance notice for all other entries by Manager on the premises. 10. SUBLEASING AND ASSIGNMENT: occupant shall not sublet or assign the premises or store property owned by others on the premises without the prior written consent of Manager. In the event Occupant subleases all or part of the premises, occupant shall remain solely responsible to Manager for compliance with the terms, provisions and conditions of this Rental Agreement, including, but not limited to, payment of rent, restrictions on use and maintenance of premises. Occupant also shall be solely responsible for his or her sublessee's storage of personal property on and for controlling access to the premises. Occupant shall ensure that Occupant's sublessee abides by all the terms, • provisions and conditions of this Rental Agreement. Any violation by Occupant's sublessee of the terms, provisions and conditions of this Page 3 of 6 Rental Agreement shall be deemed a violation by Occupant and may be • sufficient cause for termination of the tenancy. 11. INDEMNITY: Occupant will indemnify, hold harmless and defend Manager, the City of Morro Bay and its officials, agents, employees and volunteers from any and all liability claims, demands, losses, damages and expenses (including attorney's fees and all costs whatsoever) resulting from, or arising out of, Occupant's occupation, operation or use of the premises, including without limitation claims resulting from loss of property stored on the premises. 12. RELEASE OF MANAGER'S LIABILITY FOR STORED PROPERTY: Occupant shall store property on the premises at Occupant's sole risk, and Manager, its agents, employees and assigns shall have no responsibility or liability for any loss or damage to said property from any cause whatsoever, including the active or passive acts, omissions, or negligence of Manager or Manager's agents, employees or assigns. Occupant is solely responsible for the safety of Occupant's stored personal property on the premises, including obtaining insurance against theft and any hazards caused by rodents, insects, water, fire or the elements of weather or earthquake. Occupant releases Manager from any liability as a bargained -for condition of the rental terms, provisions and conditions contained in this Rental Agreement and Occupant understands that were Manager not released from liability as set forth here, a much higher rent would have to be agreed upon. By placing Occupant's initials here occupant •acknowledges he or she has read, understands and agrees to the terms of this Paragraph 12. 13. INSURANCE: Manager shall not provide property insurance for Occupant's stored property on the premises. Occupant hereby releases Manager from any potential loss, claim, risk, damage and liability resulting from the loss of Occupant's stored property and agrees to purchase or acquire at his or her expense a policy of fire and extended coverage insurance with theft, vandalism and malicious mischief endorsement as Occupant may deem necessary or appropriate to protect Occupant's property interest. Occupant expressly agrees that the carrier of such insurance shall not be subrogated to any claim of Occupant against Manager, Manager's agents or employees or the City of Morro Bay. Occupant shall indemnify and hold harmless Manager, the City of Morro Bay and its officials, agents, employees and volunteers from any and all liability, claims, demands, losses, damages and expenses, including attorney's fees and all costs whatsoever, resulting from or arising out of the loss of Occupant's property in connection with such claim or action. By placing Occupant's initials here , occupant acknowledges he or she has read, understands and agrees to the terms of this Paragraph 13. 14. DEFAULT: If Occupant defaults in the payment of rent or any other obligation under this Rental Agreement and the default continues for thirty (30) days after Occupant's receipt of written notice from Manager specifying such default or beyond the time reasonably • necessary to cure if such default is of a nature requiring more than thirty (30) days to remedy, in Manager's sole discretion, Manager shall have the right to either terminate Occupant's right to Page 4 of 6 possession of the premises by serving Occupant a notice of termination •or to have this Rental Agreement continue in full force and effect with Occupant at all times having the right to possession of the premises. Manager may recover from Occupant all damages Manager incurs by reason of breach, including without limitation the cost of recovering the premises and the value at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved under this Rental Agreement for the remainder of the stated term or the then reasonable rental value of the premises, all of which amount shall be immediately due and payable from Occupant to Manager. In the case suit shall be brought for an unlawful detainer of the premises, for the recovery of any rent due under the provisions of this Rental Agreement or for breach of any other covenant herein contained, on the part of Occupant to be kept or performed, Occupant shall pay to Manager a reasonable attorneys' fee which shall be fixed by the court. 15. NOTICES: All notices required or permitted by law, or by this Rental Agreement, shall be sent in writing to Occupant by depositing the notice in the United States mail, postage prepaid, and addressed to Occupant at the address provided by Occupant above, whether or not Occupant has departed from, abandoned or vacated the premises. Occupant and Manager may change the place to which notices are sent with ten (10) days written notice to the other party of such change. •Manager shall provide seven (7) days written notice to Occupant of any modification of the terms, provisions and conditions of this Rental Agreement and notice of termination of tenancy. Manager shall provide thirty (30) days written notice to Occupant of any change in the rental amount or of termination of tenancy. Occupant shall provide to Manager at the address given above thirty (30) days written notice of Occupant's termination of the tenancy. 16. TERMINATION: After one month minimum tenancy, thirty (30) days written notice by Manager or Occupant to the other shall terminate the tenancy. If Occupant terminates the tenancy before the end of the month, Manager shall not refund to Occupant any remaining rent paid. Occupant shall surrender up to Manager the premises in the same conditions as when received, reasonable use and wear thereof excepted. Upon surrender of the premises by Occupant, Manager shall inspect the premises prior to refunding any deposits as provided in Paragraph 3, Deposits, above. 17. AMENDMENTS AND ORAL AGREEMENTS: This Rental Agreement contains the full, complete and exclusive agreement between Manager and Occupant and supersedes all prior and contemporaneous understandings, agreements, offers and negotiations, whether oral or written. Occupant shall not rely upon any oral representation made by Manager or any of Manager's agents or employees purporting to modify or add to this agreement in any manner. This Rental Agreement may be modified or amended only by an instrument in writing duly executed by Occupant • and Manager. Page 5 of 6 18. SUCCESSION: All provisions of this Rental Agreement shall apply 40 to,,bind and be obligatory upon the heirs, executors, administrators, representatives, successors, and assigns of the parties hereto. • • 19. VALIDITY: If any part of this Rental Agreement is unenforceable for any reason whatsoever, it shall not affect the balance of the agreement otherwise found to be valid and enforceable. Occupant acknowledges receipt of a copy of this Rental Agreement by signature below. 20. TIME IS OF THE ESSENCE: Time is of the essence as to each and all of the agreements, covenants, terms and conditions of this Rental Agreement. 21. GOVERNING LAW: This Rental Agreement shall be interpreted in accordance with and governed by the laws of the State of California, as such laws are applied to contracts entered into by residents of California and wholly performed within California. OCCUPANT: Key Deposit Received MANAGER: Rent Payment Received $ Page 6 of 6 EXHIBIT C 2229-10-0382 6143 (m. --") LEASE OF LANDS a THIS LEASEAGREEMENT trade by and between PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called PG&E, and the CITY OF MORRO BAY a chartered California cirv. 595 Harbor Street. Morro Bay,CA. 93442 cto City Harbor Devartment. Attention: Harbor Director. 1275 Entarcadero Morro Bav CA 93442 (805) 772-6259. hereinafter called Tenant, N7TNESSETH that 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, er described on t e drawing a portion (Exhibit 'A ") attached to and made apart of this lease agreement. Said parcel is fu of State Board of Equalization Map Number 13540-51), parcel 2. Said parcel is also designated as a portion of San Luis Obispo CounryAssessor's parcel number 66-331-24. Excepting therefrom and reserving to PG&E, any and all electric lines, communication lines, pipe lines and other ations on the premises used by PG&E inthe conduct of its business, and the right to reconstrrct, maintain, and use the one, together with ate 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 tern (October 1, 1994 to September 30, 1998) of this lease agreement Tenant agrees to comply fully with the following conditions: 1. 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 HiQuera 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 (100/6) 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 tendered in PG&E's favor, the court may award all costs incurred by PG&E in the proceeding ociuding reasonable attorneys' fees to PG&E. 1. s,-;os. m... s " - 2,. Tenant will not: (a) sublet the premises °r 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 builds 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 G the control of Tenant further agrees m indemnify and hold PG&E harmless from rodents. othervermin or noxious weeds on theout opremises. presence of the aforementioned conditions on the premises. Ice no event any and all loss, expense, and liability arising on the premises which has bazi mdous or toxic qualities. shall Tenant dispose or allow the disposal of any substance S. Tenant shall conduct all operations hereunder in accordance with good property management procedures to avoid ewlagy or aesthetics of the smToundmg neighborhood and to reflect credit upon both unfavorable impact upon the environment Tenant and PG&E, and shall comply with the applicable provisions of the Environmental Qiimity Act of 1970 (California Public Resources Code, Sections 21000, et seq.). 6. Should Tenant, with the consent of PG&E, express or implied, hold over possession of said premises after the term hereof such holding shall be deemed a tenancy from momh to monfb at a monthly rental of 51 00.00 payable in advance and on the terms and conditions herein stated -a expense and liability •7. Tenant shall indemnify PG&E, its officers, agents and employees against all loss. E or T , resulting from injury to or death of persons, including, but not limited to, employees of PG&E to 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 loss, damage, expense or liability caused or contributed to bythe the sole gene ettwh t willful active or passive, of PG&E. misconduct of PG&E• excepting only such lass, damage, egh aiPense °r liability may caused to the maximum extent allowed by law. In the event this indemnity is not enforceable, Tenant shall indemnify 8 No building °r 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 maybe constructed a t for Tenant on the Premises- All improve will 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- during Tenant will pay and discharge all bills for labor and materials furnished during the term hereof l 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 clams or liens for labor or materials or similar action. reserves the 10. As required pursuant to General Order No. 69-C of the California Public Utilities � to do any of the following if deemed right daring the term of the lease upon its own motion (or upon order of the Commis ) necessary or desirable at PG&E's sole option exercised in g (a) make such temporary, or permanent use of the leased premises• or shall deem necessary - (a) part of it as it (b) sell. exchange, or lease the whole or any Part of the leased premises to another or others: and . gbts of way ice, on and across the leased Premises for any and all uses. (c) grant easements and ri e, it shall give Tenant at least 180 days' if PG&E desires to take any or all of the actions set forth under (a), (b) and (c) abov 2. exchanged or leased, or the written notice to that effect. Said notim ,iall contain a description of the oance will automatically terminate upon the expiration easement to be granted The lease of the lands described in said , notice PG&E will refund the unearned portion of any ea the above designated period- If the lands include the entire leased p tion then this lease shall not rent Tenant has paid in advance. If only a portion of the leased premises is included in such description ected as t° the remainder e. the leased premises and the refund to be paid to Tenant of such unearned rent shall be based Qroration 6y 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 term based on the retraining portion of the leased premises. 11. Failure to enforce any right or obligation by either party with respect to any natter 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 livable labor codes of the ,na,rancE indicating compliance with all app 1. Workers' Compensation insurance or self - state of California or death for each accident 2 Employers, Liability insurance shall not be less than $2,000,000 for injury (b) COMMERCIAL GENERAL LIABILITI' Commercial General Liability Coverage :1. Coverage shall be at least as broad as the Insurance Services Office (ISO) "occurrence" form, with no coverage deletions. ce for bodily injury, Property damage and personal injury- 2. The limit shall not be less than S2,000,000 each occurrence 3. Coverage shall: su a) "Aalttana! Insure endorsement add as inreds PG&E its directors, agents, and employees with respect to liability arising out of the leased land, and; Insurance or self-insurance . b.) Be endorsed to specify that the Tenants ;na,ranCE is priaary and that any maintained by PG&E shall contribute with it. (c) ADDTIIONAL INSURANCE PROVISIONS li PG&E with certificates of insurance and 1. Before commencing performance of Work. Tenant shall furris endorsements of all required insurance for Tenantdays prior written notice 2. The documentation shall state that coverage shall not be cancelled except after thirty (30 ) has been given to PG&E that insurer, to bind coverage on its behalf and shall 3. The documentation must be signed by a Person authorized by 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 patties 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 ntus4nce, or of PG&E or any other tenant of PG&E's adjacent property. Tenant shall an. other act that could disturb the quiet) enjoyment 3. l•NW IPw. b-MI 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. 6; or allow others to do so, an the leased premises. Tenant shall not possess or discharge any firearms is. 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. and 20. PG&E does hereby give to Tenant the right and option of extending the team of this lease for three (3) adiraationof this consecutive periods of five (5) years, each. Tenant must exercise said optio3) n at least six (6) months Prior to the expiration lease (March 31,1998). The annual rent, for the option periods, shall be negotiated three ( months Prior to the expiration of written notice of its exercise thereof to PG&E, personally, or each successive five-year period of time (June 30), either by serving Land Department; Post office Box 592, by mailing written notice of its exercise thereof to PG&.E, Attention: Los Padres Division San Luis Obispo, California 93406-0592. zL Tenant acknowledges that as a result of the operation of PG&E's facilities (including but not limited to the Moira Bay facilities may from time to time emit noise or by-products of combustion Power Plant) upon aiui adjacent to the premises said greed that PG&E shall not be required to reduce or Otherwise diminish which may flow and pass over premises. It is therefore a said noise level or by-products of combustion in any manner whatsoever and that Tenant's use of premises shall be at Tenant's b own risk and expense. 22. PG&E assumes no responsibility for maintenance a of the premises or such repaizs as may be required and Tenant and hold PG&E harmless from any agrees to absolve PG&E from any liability for such maintenance to repairs and to indemnify rson, which may be loss, damage or liability for damages, whether for damages to or loss of property or injury to or death of pe caused by, or arise out of or in any way be connected with improper maintenance of the premises. PG&E PGBcE's officers, agents and employees against all • 23. In addition to paragraph seven rtm�gm indemnify including but not limited to employees oroducts and liability to or death of any Person, loss, damage, expense connected with Tenant's operations hereunder. or with the emission of by-products PG&E or Tenant, arising out of or is any way , but not limited to Morro Bay of combustion, noise andior fluctuations of any noise level emitted by pG&E's facilities, inclttdmg Power Plant in the vicinity of the leased premises whether produced by voluntary action of PG&E ar othernise, including any losss, damage, expense or liability proximately caused or contributed to by the negligenee, whether active or passive, of PG&E. E, excepting only such loss, damage, expense or liability as may be caused by the sole negligence or willful misconduct of PG& hereinafter referred to as "Permits" 24. Tenant shall obtain any and all permits, licenses and other governmental approvals ( Clean Air Act, Clean legally required by virtue of its use of said leased premises including but not limited to Permits under the Water Act, Resources Conservation and }Zecavery Act and the California Environmental Quality Act of 1970. Tenant shall inform PGB E, in writing prior to each filing and the outcome of any such application for a Permit. PG&E reserves the Promptly approval that may be imposed. Tenant also agrees that, if PG&E rejects any condition of right to accept or reject any condition of app incurred by TeTenantresult- approval, as a PG&E shall not be held liable for any expense m writing. of the precise nature of its use of said leased Property' including but not limited 25. Tenant shall inform PG&E ' under any laws concerned with the protection of the environment to any activities which might subject PG&E to regulation be compatible and shall not interfere with PG&E's operation of its Morro Tenant agrees that its use of said leased property Bay Power Plant 26. In addition to paragraph eight (8), any or all improvements trade to the leased promises by le for Tenant (such as buildings. fencing .paving etc.) shall at pG&E's option, become the property of PG&E rand ntshall be Said removaupon shall be at expiration or other termination hereof unless PG&E requests Tenant to remove said imp Tenant's sole cost and expense. 27. In addition to paragraph eight (8), Tenant a s sub a install all improvements a to the :eased premises, at its sole -risk and expense, in a professional, workmanlike manner that is subject to pG&E's approval and in accordance with PG&E's standard 4. e,.+ase,eer, e4w safety practices. Tenant further agrees to submit all specifications. details and plans to PG&E for PG&E's review and approval prior to aconstruction by Tenant and/or Tenant's coutractocs. Any modifications deemed neoessaty by PG&E after its iry review of the plans, will be made at Tenant's sole risk and expense. PG&E shall not be held liable forany expense incurred by ant as a result 28. In addition to paragraph two (2, b), Tenant shall not nor shall Tenant allow the dumping or discharge of any waste water, selvage 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 6M 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 storage or use of PG&E; shall be in accordance with all Local, State and Federal laws and regulations. pG&E's approval of ge 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. Handline 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&.Vs property. Tenant shall comply with all Federal, State, and Local hazardous waste laws and regulations including, but notlimited to, State P Y 22 er 12. These regulations define the Generator Standards is accordance with California Code of Regalatins,l3tleC� Phan time, and record required standards for generator idenuflrarioa numbers, Packaging,. to which ardin& us wastes maybe transported is in keeping. Tenant also represents and warrants that any disposal facilitypertaining thereto arts that said disposal facility compliance with any and all Federal, State, and Local .laws and regulationsof said materials. drPG&E's standards for a facility suitable to receive and/or dispose 3L 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 tease in duplicate this 31 fday of 1993. TENANT AA n PACIFIC GAS AND ELECTRIC COMPANY Rv w 11 11 _ i By , LU DE SILVA, Director, New Business land Services FORREST V7 51 ' LAM. �A out , City Administrator WPuss Division T.29S. R IM MDB&M. Section 25. SW 114 of NW 1/4 Potion of SBE No, 135-4d5D. 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B`�}•C�� lt I �I EXHIBIT "A' RESOLUTION NO. 49-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DIRECTING THE PREPRATON OF AN ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR BAYSHORE BLUFFS PARR T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City formed the Bayshore Bluffs Park Maintenance Assessment District in July, 1990 for the express purpose of maintaining Bayshore Bluffs Park; and, WHEREAS, the City is required by the State Landscaping and Lighting Act of 1972 to annually complete a protest hearing on the levy of asessment for the Bayshore Bluffs Maintenance Assessment District; and, WHEREAS, as part of this annual process the City is required to approve a report detailing the expenses projected for the Assessment District prepared by the Engineer of the District. NOW, THEREFORE, BE IT RESOLVED, the Recreation and Parks Director is declared to be the Engineer of the Bayshore Bluffs Park Maintenance Assessment District and is further directed to prepare a report detailing expenses projected to maintain Bayshore . Bluffs Park for the 1994-95 Fiscal Year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 23 day of May, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGET DAVIS CITY CL RK • u/u/admin/res49-94 RESOLUTION NO. 48-94 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1994-95 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council, city staff, and city employees have expended many hours preparing and reviewing the City's needs; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation expenditures could not be incurred or paid on a daily basis; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, City Council acknowledges the continuing efforts of staff to operate within an approved budget and manage savings wherever feasible; and WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City staff has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; and WHEREAS, Proposition 111 requires an annual election of the method of measurement of growth in both: PRICE - Increase in California Per Capita Income OR Non -Residential Assessed Valuation due to new construction within the City. AND POPULATION - City Population Growth OR County Population Growth. 0 Resolution No. 48-94 • Page 2 WHEREAS, the price measurement can only be done using the California Per Capita Income in San Luis Obispo County ; and WHEREAS, the population measurement is most advantageous using the County Population Growth. NOW THEREFORE, BE IT RESOLVED: 1. The 1994-95 Administrator's Recommended Budget is adopted with the changes directed by the City Council as illustrated in Exhibit A. 2. Staff is directed to prepare and publish a final budget document incorporating all the aforementioned changes resulting from Council -approved adjustments. 3. The City Administrator is authorized to transfer appropriations within the adopted budget up to $10,000. Any transfer of appropriations within the adopted budget above $10,000 requires the City Administrator to obtain City Council approval. Otherwise, appropriation control is intended to be at the division bottom line for operations and the project bottom line for capital projects with administrative approval. Staff will provide the City Council with a listing of all budget amendments falling within the $10,000 limit on a quarterly basis. 4. The City Council elects to measure price growth using the changes in California Per Capita Income, and to measure population growth using the change in San Luis Obispo County population, and establishes the Proposition 4 and 111 appropriation limitation for fiscal year 1994-95 at $8,875,825 from proceeds of taxes. This budget authorizes appropriation from tax proceeds of $4,240,209 and is therefore $4,635,616 under the limitation. 5. A reserve for emergencies of $100,000 shall be established out of the City's General Fund. This amount will be reported in the General Fund's Equity section of the balance sheet. The City Administrator must receive prior approval from the City Council for any use of these reserve funds. 6. The City will set aside $100,000 in a General Fund Reserve Account to support the Facade Improvement Loan Guaranty Program. This amount will be reported in the General Fund's equity section of the balance sheet. The City Administrator must receive prior approval from the City Council for any use of these reserve funds. 7. The budget will be annually balanced without reliance on Fund Balance Reserves. This objective maintains operating expenses at a sustainable level within annual revenues and steers the City clear of annual deficit spending. 11 Resolution No. 48-94 • Page 3 However, the City Council shall have the sole authority to use Fund Balance Reserves it considers necessary to fund city-wide programs. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of June, 1994, by the following vote to wit: AYES: Crotzer, Mullen, Yates NOES: Luna, Unger ABSENT: None • ATTEST: BRIDGE DAVIS City Clerk CITY OF MORRO BAY FINAL BUDGET SUMMARY FY 94/95 EXHIBIT A • FUND ESTIMATED ESTIMATED GENERAL FUND REVENUES EXPENDITURES SHORTFALL 171 • $4,977,614 $5,258,655 ($281,041) ADJUSTMENTS AS APPROVED BY CITY COUNCIL ON 6/23194: ADDITIONS TO REDUCE SHORTFALL: BUILDING FEES $175,000 PLANNING FEES $10,000 VEHICLE MAINTENANCE $11,500 PIERS SAVINGS $32,993 SALES TAX $25,000 REDUCTION IN TRANSFER TO GAS TAX FUND $128,000 FUNDS RECEIVED FOR DEMOLITION OF SHED $30,000 $412,493 $131,452 OTHER ITEMS AS APPROVED REPAYMENT OF ADDL HARBOR FUND LOAN $30,000 ELEMINATE FIN. ACCT. POSITION $3,459 RECR. PROFESSIONAL SERVICES $1,000 RECR. PROFESSIONAL DEVELOPMENT $1,000 RECR COMMISSION DUES $350 REDUCE COUNCIL CONTINGENCY $3,000 NEWSLETTER $4,200 HALF CITY-WIDE TRAVEL $6,300 4$ 9,309 $180,761 ADDITIONAL EXPENDITURES COMMUNITY DEVELOPMENT AGENDAS ($4,200) ASSOCIATE PLANNER ($2,500) BUILDING TECHNICIAN ($19,000) RDA STUDY ($2,000) CHAMBER OF COMMERCE ($12,000) COMMUNITY PROMOTIONS COMMITTEE ($9,734) MOWER ($16,000) VETERAN'S BLDG ($51,000) GAS TAX ($13,000) COMPUTER ($20,294) NEWSLETTER ($700) FACILITES SUPPLIES ($4,000) ADDITIONAL AID TO AGENCIES ($209) BASKETBALL COURT ($7,000) CITY HALL ADDITIONS 7 500 169 137 SUB -TOTAL $11,624 ROLLER HOCKEY ($18,000) USE OF FUND BALANCE ($6,376) workfpr/budgett"495/finadj 27-Jun-94 page 1 • u CITY OF MORRO BAY FINAL BUDGET SUMMARY FY 94/95 FUND TRANSIT FUND EXHIBIT A cont. A) ESTIMATED REVENUES PER ORIGINAL BUDGET $301,952 ADD: INCREASE IN DIAL -A -RIDE FARES AS APPROVED BY COUNCIL $3,000 ADJUSTED TOTAL $304,952 B) ESTIMATED APPROPRIATIONS PER ORIGINAL BUDGET $301,917 ADD: INCREASE IN TRANSIT OPERATING SUPPLIES AS APPROVED BY COUNCIL $3.000 ADJUSTED TOTAL $304,917 SURPLUS/(DEFICIT) (A - B) $35 FUND GAS TAX FUND A) ESTIMATED REVENUES PER ORIGINA BUDGET $501,277 REDUCE INTERFUND TRANSFER FROM GEN. FUND ($128,000) ADD: REIMBURSEMENT FROM FAU/ISTEA AS APPROVED BY COUNCIL $141,000 ADJUSTED TOTAL $514,277 B) ESTIMATED APPROPRIATIONS PER ORIGINAL BUDGET $501,277 ADD: INCREASE IN REPAIR & MAINT, SUPPLIES AS APPROVED BY COUNCIL 1$ 3,000 ADJUSTED TOTAL $514,277 SURPLUS/(DEFICIT) (A - B) $0 work/prfbudgeUfy9495ffinadj 27-Jun-94 page 2 • • • CITY OF MORRO BAY FINAL BUDGET SUMMARY FY 94/95 FUND WATER OPERATING FUND EXHIBIT A cont. A) ESTIMATED REVENUES PER ORIGINAL BUDGET $3,747,200 REDUCE WATER SERVICE FEES ($1,223.832) (3,700,000 - 2,476,168) ADJUSTED TOTAL $2,523,368 B) ESTIMATED APPROPRIATIONS PER ORIGINAL BUDGET $2,709,858 LESS: TRANSFER TO WATER CAPITAL FUND TO COVER STATE WATER PROJECT EXP. ($350,000) LESS: REPLACE BACKHOE FUND, EXPENDITURE ERRONEOUSLY BUDGETED ($8,000) ADD: OPERATING CONTINGENCIES $250,000 ADJUSTED TOTAL $2,601,858 SHORTFALL (A - B) ($78,490) ADD: FUNDS REBUDGETED FORM PRIOR YEAR 7$ 8,490 SURPLUS/(DEFICIT) $0 FUND WATER CAPITAL FUND A) ORIGINAL TRANSFER FROM WATER OPERATING FUND $1,625,632 LESS: AMOUNT REDUCED ($350,000) ADJUSTED TOTAL $1,275,632 APPROPRIATION REDUCTIONS: 1. 112 NEW KINGS TANK $300,000 2. 1/2 DISINFECTION FACILITIES 5$ 0,000 ADJUSTED TOTAL $350,000 worklprlbudgotl"4%6 finadj 27-Jun-94 page 3 • 0 • CITY OF MORRO BAY FINAL BUDGET SUMMARY FY 94/95 FUND HARBOR FUND EXHIBIT A cont. A) ORIGINAL AMOUNT BUDGETED AS A TRANSFER TO GENERAL FUND $75,000 ADD: INCREASE IN TRANSFER TO GENERAL FUND AS APPROVED BY COUNCIL ON 6/23/94 $30,000 ADJUSTED TOTAL $105,000 B) DECREASE IN APPROPRIATIONS ORIGINAL BUDGET FOR HARBOR FUND VEHICLES $48,000 LESS: AMOUNT REDUCED 30 000 ADJUSTED TOTAL $18,000 work/prrbudgeVfy9495/finadj 27-Jun-94 page 4 RESOLUTION NO. 47-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1994-95 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City staff has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; and WHEREAS, Proposition 111, requires an annual election of the method of measurement of growth in both: PRICE - Increase in California Per Capita Income OR Non -Residential Assessed Valuation due to new construction within the City. AND POPULATION - City Population Growth OR County Population Growth. WHEREAS, the price measurement can only be done using the California Per Capita Income in San Luis Obispo County ; and WHEREAS, the population measurement is most advantageous using the County Population Growth. NOW THEREFORE, BE IT RESOLVED that the City Council elects to measure price growth using the changes in California Per Capita Income, and to measure population growth using the change in San Luis Obispo County Population, and establishes the Proposition 4 and 111 appropriation limit for fiscal year 1994-95 at $8,875,825 from proceeds of taxes. This budget authorizes appropriation from tax proceeds of $4,240,209 and is therefore, $4,635,616 under limitation. Resolution No. 47-94 • Page 2 PASSED AND ADOPTED this 27th day of June, 1994 by the following roll call vote: AYES: Crotzer, Mullen, Yates NOES: Luna, Unger ABSENT: None ATTEST: BRIDGE DAVIS City Clerk CITY OF MORRO BAY ARTICLE XI11 B (PROPOSITION 4 AND PROPOSITION 111) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1994-95 PREPARED BY: Rudy Hernandez, Finance Director June 1994 L� CITY OF MORRO BAY REVENUE CLASSIFICATION -PROPOSITION 4 1994-95 BUDGET Revenue Source Proceeds Nonproceeds General Fund Taxes Licenses and Permits Fines and Forfeits Intergovernmental Charges for Services Use of money & Property Other Revenue Total General Fund Special Revenue Funds Gas Tax Operating Fund Water Fund Sewer Fund Harbor Fund Total Special Revenue Fund Capital Project Funds Park Fee Water Capital Sewer Capital Gas Tax Capital Harbor Capital Total Capital Projects Enterprise Funds - Transit GRAND TOTAL $3,503,178 $ 207,860 26,500 348,096 5,500 339,580 205,000 73,000 293,900 $4,056,274 $946,340 $ 183,935 $ 330,342 2,523,368 1,040,647 946,000 $ 183,935 $4,840,357 $ 1,500 1,648,632 30,000 317,512 513,000 $2,510,644 $ 304,952 $4,240,209 $8,602,293 NOTE: In order to complete the process of determining the proceeds of taxes, Proposition 4 provides that regulatory licenses, user charges, and user fees be considered proceeds of taxes to the extent that such charges and fees exceed the costs reasonably borne by each entity in providing the regulation, product or service. As a step in the development of the City's base year statement, the revenues from regulatory licenses, user charges and user fees were scheduled and related costs reasonably borne were compared to the revenues. The costs in all categories were greater than the revenues and thus there were no proceeds of taxes in this area. Page 2 CALCULATION OF THE LIMITATION The cost -of -living and population factors used below were calculated from amounts provided by the State Department of Finance. CITY OF MORRO BAY PROPOSITION 111 - WORKSHEET PRICE & POPULATION DATA CPI CPCI CONSTR CITY COUNTY CHANGE HANGE GROWTH * POPUL GROWTH LIMIT ---PRICE MEASUREMENT--- ---POPULATION MEASUREMENT— 78/79 * 3,046,393 79/80 1.1017 * 1.0138 3,402,527 80/81 1.1053 * 1.0026 3,770,591 81 /82 1.0912 1.0139 4,171,660 82/83 1.0679 * 1.0204 4,545,796 83/84 1.0235 * 1.0181 4,736,835 84/85 1.0474 * 1.0175 5,048,185 85/86 1.0374 1.0162 5,321,826 86/87 1.0230 1.0412 5,668,530 87/88 1.0304 1.0293 6,011,990 88/89 1.0393 1.0383 6,487,507 89/90 1.0498 1.0392 7,077,560 90/91 1.0421 * 1.0459 7,714,062 91/92 1.0414 ' 1.0304 8,277,641 92/93 0.9936 1.0100 8,306,910 93194 1.0272 1.0186 8,691,569 94/95 1.0071 1.0140 8,875,825 RESOLUTION NO. 46-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE 1994-95 MASTER FEE SCHEDULE 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: and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for annual adoption of the Master Fee Schedule by Council Resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Master Fee Schedule is adopted, with the exception of the Police and Community Development Departments, and will be effective July 1, 1994 and thereafter unless amended. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 11th day of July, 1994, by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: B I DAVIS City Cler RE SOLUT = ON NC? _ 4 4 — 9 4 RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MORRO BAY ON TUESDAY, 09 AUGUST 1994 FOR THE PURPOSE OF VOTING ON AN INITIATIVE MEASURE TO RELIEVE CITY OF ANY MANDATORY OBLIGATION CREATED BY PASSAGE OF MEASURE "G", THE "BINDING" STATE WATER INITIATIVE WHEREAS, an initiative petition was submitted on 20 April 1994 to the City of Morro Bay to relieve City of any mandatory obligation created by passage of Measure "G", the "binding" State Water Initiative; and WHEREAS, the City Clerk has examined said initiative petition and certified it as being sufficient in accordance with §4010 of the Elections Code, qualifying the initiative petition to be submitted to the voters of the City of Morro Bay at a special municipal election; and WHEREAS, the Elections Code requires the City Council to immediately order a special election to be held not less than 88, nor more than 103 days after said order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: • Section 1. Pursuant to the requirements of the laws of the State of California relating to general law cities within said State, there shall be, and there is hereby called and ordered held in the City of Morro Bay on Tuesday, 09 August 1994, a special municipal election of the qualified electors of said City. Section 2. Said City Council, pursuant to its right and authority to do so, does hereby determine there shall be and there is hereby ordered submitted to the qualified electors of the City at said special municipal election the following question to wit: MEASURE J Shall an ordinance be enacted to relieve City of any mandatory obligation created by passage of Measure the "Binding" State Water initiative? YES NO _ Section 3. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be . required by law to be used thereat. Resolution No. 44-94 Page Two Section 4. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. Section 5. The polls for said election shall be open at seven o'clock AM the day of said election and shall remain open continuously from said time until eight o'clock PM of the same day when said polls shall be closed, except as provided in §14301 of the Elections Code of the State of California. Section 6. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding special municipal elections in said City. Section 7. Notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed, and directed to give such further or additional notice of said election, in time, form and manner as required by law. PASSED and ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 9th day of May, 1994 on the • following vote: AYES: Crotzer, Luna, Mullen, Yates NOES: Unger ABSENT: None ATTEST: BRIDGET DAVIS, City Clerk • i RESOLUTION NO. 43-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF THE CHORRO FLATS PROJECT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay is a unique natural resource of great importance to the City of Morro Bay; and WHEREAS, studies funded by the State Coastal Conservancy confirmed that the Bay was rapidly filling with sediment, which, if left unchanged, would result in a greatly reduced life of the estuary; and WHEREAS, the Morro Bay Watershed Enhancement Program Plan ("Watershed Plan") was initiated by the State Coastal Conservancy and the Coastal San Luis Resource Conservation District to address the problem of rapid sedimentation in Morro Bay; and WHEREAS, the acquisition and enhancement of the 129 acres known as Chorro Flats was recommended in the Watershed Program . Plan as a method by which Bay sedimentation could be significantly reduced; and WHEREAS, the Chorro Flats property was acquired by the Coastal San Luis Resource Conservation District to carry out this recommendation; and WHEREAS, the Coastal San Luis Resource Conservation District, with funding from the Coastal Conservancy, has completed a site specific enhancement plan for Chorro Flats which recommends return of the site to natural floodplain, and preservation of a portion of the site in agriculture emphasizing sustainable practices, to carry out the recommendations of the Watershed Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay supports the Coastal San Luis Resource Conservation District's application to the State Coastal Conservancy to fund preparation of final plans and specifications to implement the Chorro Flats enhancement project and agrees to work cooperatively as part of the Chorro Flats enhancement project and agrees to work cooperatively as part of the Chorro Flats Advisory Committee to coordinate the Chorro Flats project with implementation of improvements at Twin Bridges. • Resolution No. 43-94 • Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of May, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: • BRIDGET DAVIS, City Clerk • RESOLUTION NO. 42-94 • RESOLUTION ALLOCATING PARKING IN -LIEU FEES FOR AND APPROVING THE PURCHASE OF A USED TROLLEY THE CITY COUNCIL City of Morro Bay, California WHEREAS, development projects on the Embarcadero recently completed or about to be completed will create demands for parking spaces above and beyond that which can be accommodated by the existing inventory of Embarcadero parking in the 1994 tourist season from June through October; and WHEREAS, in recognition of this eventuality, the Morro Bay City Council established a parking in -lieu fee in the amount of $4,000 per required parking space; and WHEREAS, developments along the Embarcadero have contributed said fees; and WHEREAS, there is insufficient time and funding available to provide new parking is facilities along the Embarcadero to mitigate demands created by said new developments in the 1994 tourist season, and • WHEREAS, the need to provide viable alternative parking is urgent, most particularly on weekends and holidays, and WHEREAS, there are existing public parking areas in the Downtown Business District which are under -used on weekends and holidays, particularly those in the Morro Bay Community Center and Library areas, and WHEREAS, said public parking areas could be used during these times for remote parking to accommodate the increased parking demands along the Embarcadero, with a convenient, reliable, and timely mode of transportation linking said public parking areas to the Embarcadero; and WHEREAS, the Circulation Element of the City's General Plan, the Draft Waterfront Master Plan, the Draft Parking Management Plan, and Destination 2000 Goals Report have identified the need for a shuttle service to provide such a link; and WHEREAS, the use of a trolley to provide such a shuttle service has been discussed for many years; and WHEREAS, the Destination 2000 Goals Report identifies such a shuttle service as an immediate goal to be implemented as soon as possible and includes a trolley as a means to provide said shuttle service; and • REsoT,trrtoN NO. 42-94 PAGE 2 • WHEREAS, the viability of a trolley in Morro Bay has been demonstrated by the popularity of the trolley used as part of the Morro Bay Harbor Festival shuttle service during the past several years; and WHEREAS, in addition to the benefits described hereinabove, the viability of at trolley to efficiently and effectively transport people, link commercial and recreational areas, reduce the need for and cost of parking facilities, reduce traffic congestion, and promote increased business activity and economic development has been demonstrated in other communities, including but not limited to the cities of San Luis Obispo, Santa Barbara, Ojai, and Big Bear Lake, California as well as in numerous other communities throughout the United States; and WHEREAS, the City Council considered and conceptually approved on April 11, 1994 a pilot trolley service for this purpose to be operated in the 1994 tourist season to be funded through a combination of revenue sources, including the use of parking in -lieu fees for purchase of a used trolley, a one-time trolley operations and maintenance fee for benefitting businesses along the trolley route, fares, and advertising; and WHEREAS, it is in the public interest to establish said pilot trolley service for the 1994 • tourist season and related operations and maintenance funding; and WHEREAS, the City Council adopted on May 9, 1994 Resolution No. 41-94 establishing • a pilot trolley service and related operations and maintenance funding; and WHEREAS, at a public hearing, after considering the Staff Report and the testimony of persons wishing to testify, the City Council hereby makes findings in establishing this resolution allocating parking in -lieu fees for and approving the purchase of a used trolley as follows: a. It is not economically or temporally feasible to provide additional parking on the Embarcadero to mitigate the anticipated heightened demand resulting from the attraction of recently completed or about to be completed development projects on the Embarcadero; and b. Development projects along the Embarcadero have contributed parking in -lieu fees in the amount of $4,000 per required parking space; and c. There is insufficient time and funding available to provide new parking facilities along the Embarcadero to mitigate demands created by such new development projects in the 1994 tourist season; and d. The need to provide viable alternative parking is urgent, especially on weekends and holidays during the 1994 tourist season; and e. Existing parking spaces in the Downtown Business District are under -used on weekends and holidays, especially those in the Morro Bay Community Center and Library parking areas; and RESOLUTION No. 42-94 PAGE • f. Such public parking areas in the Downtown Business District are available for use on weekends and holidays for remote parking to accommodate the increased parking demand on the Embarcadero, with a convenient, reliable, and timely mode of transportation linking such public parking areas to the Embarcadero; and g. A trolley has been determined to be a viable mode of transportation to efficiently and effectively provide such a link, reduce the need for and cost of parking facilities, reduce traffic congestion, and promote increased business activity and economic development,. and such viability has been demonstrated by the experience of the communities referenced hereinabove; and h. A trolley service will enable many residents and visitors to avoid using their vehicles to travel to the Embarcadero, especially in view of the 20% grade on the bluff, which essentially separates the Embarcadero from the Downtown area and causes people to choose to drive a vehicle to avoid walking up or down the bluff; and i. Parking and traffic congestion on the Embarcadero is getting worse and the City must act now to mitigate this problem; and • j. The trolley service will divert vehicles from the Embarcadero and provide convenient, reliable, and timely transportation to and from available public parking in the Downtown area; and • k. Providing additional parking spaces on or near the Embarcadero is the best solution currently available to address this difficult problem; and 1. The trolley service will reduce the risk of accidents on the Embarcadero by providing convenient service to visitors who may be distracted by the natural beauty of the waterfront and waterfront activities as well as intimidated or frustrated by the parking and traffic congestion problems; and m. The trolley service will help reduce the risk of accidents associated with driving under the influence of alcohol or drugs. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Morro Bay as follows: 1. Allocation of parking in -lieu fees in an amount not to exceed $40,000 for the purchase of a used trolley, including the funds necessary to make the vehicle operational, is hereby approved. 2. The purchase of a used trolley in an amount not to exceed $40,000, including the work necessary to make such a vehicle operational, is hereby approved. RESOLUTION No. 42-94 PAGE 4 • 3. Said trolley shall be operated in accordance with Resolution No. 41-94 adopted on May 9, 1994, and shall always be used within the Parking Management Plan area and to serve the Embarcadero area and the businesses in it. 4. If the trolley is sold, the proceeds from the sale would be used to repay the parking in -lieu fees. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of May, 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None • ATTEST: 1 BRIDGETT AVIS, City Clerk MCU/LC:LYNN2FABA2-94 • WILLIAM YATES, Ma o RESOLUTION NO. 41-94 RESOLUTION ESTABLISHING A PILOT TROLLEY SERVICE AND RELATED OPERATIONS AND MAINTENANCE FUNDING THE CITY COUNCIL City of Morro Bay, California WHEREAS, development projects on the Embarcadero recently completed or about to be completed will create demands for parking spaces above and beyond that which can be accommodated by the existing inventory of Embarcadero parking in the 1994 tourist season from June through October; and WHEREAS, in recognition of this eventuality, the Morro Bay City Council established a parking in -lieu fee in the amount of $4,000 per required parking space; and WHEREAS, developments along the Embarcadero have contributed said fees; and . WHEREAS, there is insufficient time and funding available to provide new parking facilities along the Embarcadero to mitigate demands created by said new developments in the 1994 tourist season; and • WHEREAS, the need to provide viable alternative parking is urgent, most particularly on weekends and holidays; and WHEREAS, there are existing public parking areas in the Downtown Business District which are under -used on weekends and holidays, particularly those in the Morro Bay Community Center and Library areas; and WHEREAS, said public parking areas could be used during these times for remote parking to accommodate the increased parking demands along the Embarcadero, with a convenient, reliable and timely mode of transportation linking said public parking areas to the Embarcadero; and WHEREAS, the Circulation Element of the City's General Plan, the Draft Waterfront Master Plan, the Draft Parking Management Plan, and Destination 2000 Goals Report have identified the need for a shuttle service to provide such a link; and WHEREAS, the use of a trolley to provide such a shuttle service has been discussed for many years; and WHEREAS, the Destination 2000 Goals Report identifies such a shuttle service as an immediate goal to be implement as soon as possible and includes a trolley as a means to provide • said shuttle service; and RESOLUTION No. 41-94 PAGE 2 • WHEREAS, the viability of a trolley in Morro Bay has been demonstrated by the popularity of the trolley used as part of the Morro Bay Harbor Festival shuttle service during the past several years; and WHEREAS, in addition to the benefits described hereinabove, the viability of at trolley to efficiently and effectively transport people, Zink commercial and recreational areas, reduce the need for and cost of parking facilities, reduce traffic congestion, and promote increased business activity and economic development has been demonstrated in other communities, including but not limited to the cities of San Luis Obispo, Santa Barbara, Ojai, and Big Bear Lake, California as well as in numerous other communities throughout the United States; and WHEREAS, the City Council considered and conceptually approved on April 11, 1994 a pilot trolley service for this purpose to be operated in the 1994 tourist season to be funded through a combination of revenue sources, including the use of parking in -lieu fees for purchase of a used trolley, a one-time trolley operations and maintenance fee for benefitting businesses along the trolley route, fares, and advertising; and WHEREAS, it is in the public interest to establish said pilot trolley service for the 1994 • tourist season and related operations and maintenance funding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. A pilot trolley service to link the Embarcadero and the Downtown Business District and the under -used public parking facilities in the latter area is hereby established. 2. The pilot trolley service shall operate for the period June 18, 1994, or sooner if feasible, through October 16, 1994 and shall also operate on the Independence Day and Labor Day holidays, July 4 and September 5, 1994, respectively. The pilot trolley service shall operate along the route set forth in the route map attached hereto and incorporated herein by reference. 3. An inter -fund transfer of $15,000 from the Undesignated Fund Balance to a new Trolley Fund to be used as "seed money" to implement the pilot trolley service is hereby approved and shall be reimbursed from the revenue sources set forth hereinbelow to the greatest extent possible. 4. Revenue sources for the operation and maintenance of the pilot trolley service shall include but not be limited to fares, advertising, and a one-time trolley operations and maintenance fee for benefitting businesses along the trolley route and that such fee is contingent upon City Council approval of Ordinance No. 438 and adoption of a resolution revising the City's Master Fee Schedule accordingly. 5. The City is hereby obligated to provide funds to cover any differences between operating • revenues and expenses for the pilot trolley service set forth herein. RESOLUTION No, 41-94 PAGE 3 6. The use of parking in -lieu fees to purchase a used trolley for an amount not to exceed $40,000 is hereby approved, subject to the adoption of Resolution No. 42-94 on May 9, 1994. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of May, 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: . BRIDGET AVIS, City Clerk MCULC:LYNN2FAE:41-94 E • RESOLUTION NO. 40-94 • RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT AMONG THE COUNTY OF SAN LUIS OBISPO AND ITS CITIES FOR THE ESTABLISHMENT AND PAYMENT OF LANDFILL TIPPING FEE SURCHARGES TO SUPPORT THE SAN LUIS OBISPO INTEGRATED WASTE MANAGEMENT AUTHORITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939) and amendments thereto and regulations prepared pursuant to said legislation provides for cities and counties to initiate an integrated waste management planning process to achieve State -mandated waste diversion goals of 25% by January 1, 1995 and 50% by January 1, 2000; and WHEREAS, the County of San Luis Obispo and its cities have prepared under the auspices of the San Luis Obispo Council of Government (SLOCOG) Source Reduction and Recycling Elements (SRRE), Household Hazardous Waste Elements (HHWE), and related Environmental Impact Report (EIR) addressing programs and facilities that may be implemented • to meet or exceed said waste diversion goals; and WHEREAS, the City Council of the City of Morro Bay adopted on May 9, 1994 Resolution No. 39-94 approving City participation in a Joint Powers Agreement to establish an Integrated Waste Management Authority to be known as the San Luis Obispo Integrated Waste Management Authority ("Authority") to coordinate and implement all or part of the various regional waste management programs and complete the State -mandated Regional Siting Element (RSE) and Regional Integrated Waste Management Plan (RIWMP); and WHEREAS, said integrated waste management planning efforts have been funded by landfill tipping fee surcharges pursuant to a Memorandum of Agreement between the County of San Luis Obispo and its cities dated October 3, 1990; and WHEREAS, the County of San Luis Obispo and the City of Paso Robles have established landfill tipping fee surcharges of $3.00 per ton at the solid waste disposal facilities within their respective jurisdictions for said regional integrated waste management planning efforts; and WHEREAS, the use of said surcharge monies collected and maintained in the AB 939 Trust Fund administered by SLOCOG are limited to said regional integrated waste management planning efforts; and WHEREAS, the County of San Luis Obispo and cities desire to use said AB 939 Trust • Fund monies to establish a method for the payment of future surcharge monies that may be collected and to provide for the use of such monies by the Authority for administration, planning, and implementation of the desired programs in accordance with said Joint Powers Agreement; and WHEREAS, it is in the public interest for the City to enter into an Memorandum of Agreement with the County of San Luis Obispo and other cities participating in the Authority for the establishment and payment of landfill tipping fee surcharges to provide adequate and appropriate funding for the activities of the Authority; and WHEREAS, SLOCOG approved said Memorandum of Agreement on April 6, 1994 for distribution to member agencies for approval; and WHEREAS, the City Council of the City of Morro Bay hereby affirms and finds true the purpose and findings supporting said Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The Memorandum of Agreement among the County of San Luis Obispo and its cities for the establishment and payment of landfill tipping fee surcharges to support the San Luis Obispo Integrated Waste Management Authority, attached hereto and incorporated herein by reference, is hereby approved. 2. The Mayor is hereby authorized to sign said Memorandum of Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th day of May, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETt DAMS, City Clerk 0 dr:uptonlxes40-94 RESOLUTION NO. 39-94 • RESOLUTION APPROVING CITY PARTICIPATION IN A JOINT POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES AND COUNTY OF SAN LUIS OBISPO, CALIFORNIA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939) and amendments thereto and regulations prepared pursuant to said legislation require that all cities and counties in California make adequate provision for solid waste management within their respective jurisdiction; and WHEREAS, said legislation allows cities and counties to enter into joint powers agreements to comply with said legislation and related regulations; and WHEREAS, the County of San Luis Obispo and its cities are members of the San Luis Obispo Council of Governments (SLOCOG) and agreed that SLOCOG would prepare the state - mandated Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), Non -Disposal Facility Elements (NDFE), Regional Siting Element (RSE), and . Regional Integrated Waste Management Plan (RIWW); and WHEREAS, the SRRE prepared for the County of San Luis Obispo and its cities provide for the formation of a Regional Integrated Waste Management Authority ("Regional Authority") to implement the regional aspects of AB 939 and provide technical assistance to member agencies, thereby maximizing coordination, integration, economies of scale, cost-effectiveness, and sustainability; and WHEREAS, proposed regional functions include but are not limited to education and public information, source reduction, household hazardous waste, composting, facilities, funding, market development, and monitoring and reporting, and preparation of the RSE and RIWMP; and WHEREAS, the proposed Regional Authority was envisioned to have an organizational structure similar to that of SLOCOG and to operate with a minimum level of staff, addressing those operations and programs that can be most cost-effectively handled at the regional level by maximizing local resources, private sector participation, and contracting to provide various services; and WHEREAS, the County of San Luis Obispo and its cities have developed under the auspices of SLOCOG a Joint Powers Agreement (JPA) to establish the San Luis Obispo Integrated Waste Management Authority ("Authority") to accomplish the purposes set forth . hereinabove; and WHEREAS, SLOCOG approved said Agreement on April 6, 1994 for distribution to member agencies for approval; and WHEREAS, it is in the public interest for the City to participate in said Authority; and WHEREAS, the City Council of the City of Morro Bay affirms and finds true the purpose and findings supporting the establishment of the proposed Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The Joint Powers Agreement to establish an Integrated Waste Management Authority for the cities and County of San Luis Obispo, California, attached hereto and incorporated herein by reference, is hereby approved. 2. The Mayor is hereby authorized to sign said Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th day of May, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates • NOES: None ABSENT: None ABSTAIN: None ATTEST: 1 BRIDGE DAVIS, City Clerk dr:uptonl:m39-94 0 RESOLUTION NO. 38-94 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MORRO BAY ON TUESDAY, NOVEMBER 8, 1994 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 8, 1994; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a regular general municipal election shall be held every two years for the election of two (2) members of the City Council of said City for the full term of four years, and for the election of one (1) Mayor of the City Council of said City for the full term of two years; and WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is desirable that said general municipal election be • consolidated with the statewide general election to be held on November 8, 1994 and that within the City of Morro Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the general municipal election and that said statewide general election and general municipal election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. There is hereby called and ordered in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 8, 1994, a general municipal election of the qualified electors of the City, to be consolidated with the statewide general election, to vote for the election of two (2) members of the City Council for the full term of four years, and for the election of one (1) Mayor of the City Council for the full term of two years; and 2. Pursuant to the requirement of Section 23302 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to the consolidation of the general municipal election with the statewide general election to be held on Tuesday, November 8, 1994; and • Resolution No. 38-94 . Page Two 3. The County Clerk is hereby authorized to canvass the returns of said general municipal election to be consolidated with said statewide general election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and 4. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for holding of said consolidated election; and 5. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs attributed to Morro Bay's consolidation with the statewide general election; and 6. The City Council hereby determines if two or more persons running for the same City office receive an equal and highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot; and . 7. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this Resolution with the San Luis Obispo County Clerk and the County Board of Supervisors. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of May, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRI DAVISI City Clerk 0 RESOLUTION NO. 37-94 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF THE PROPOSED SAN LUIS OBISPO COUNTY ECONOMIC VITALITY CORPORATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, The City Council of the City of Morro Bay is committed to a healthy and thriving business community, and WHEREAS, The Destination 2000 report, prepared by a citizens committee and endorsed by the City Council, lists attracting small industries that are environmentally conscious and future oriented as a major goal for the City of Morro Bay, and WHEREAS, The City of Morro Bay currently lacks the personnel resources to staff an Economic Development specialist position, and • WHEREAS, The City of Morro Bay lacks the financial resources to provide capital financing for retaining existing or recruiting new business, and WHEREAS, The proposed non profit Economic Vitality Corporation could provide major assistance in business recruitment and capital financing, and WHEREAS, an Economic Vitality Corporation could give Morro Bay an opportunity to leverage its economic development funds with other cities, thus maximize economic development potential, and WHEREAS, the formation of a non profit Economic Vitality Corporation, creates an opportunity for a public/private partnership to benefit not only the business community but all residents, through increased revenue generating potential, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City Council endorses the proposed San Luis Obispo County Economic Vitality Corporation and this endorsement shall be • transmitted with all due speed to the San Luis Obispo County Board of Supervisors. PASSED AND ADOPTED by the City Council of the City of Morro Bay at ia regular meeting thereof held on the 25th day of April, 1994 on the following vote: APES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETr DAVIS, City Clerk RESOLUTION NO. 36-94 • RESOLUTION RATIFYING THE SUBMITTAL OF APPLICATIONS FOR FEDERAL TRANSIT ADMINISTRATION SECTION 18 GRANT FUNDS FOR ONE REPLACEMENT 16-PASSENGER TRANSIT VEHICLE THE CITY COUNCIL City of Morro Bay, California WHEREAS, there is a need to replace an existing 1985 transit vehicle (B-08) for Morro Bay Dial -A -Ride with a new 16-passenger transit vehicle; and WHEREAS, said replacement vehicle is an eligible project for Federal Transit Administration (FTA) Section 18 capital project grant funds ; and WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) Staff notified the City on April 11, 1994 that additional FTA Section 18 grant funds for FY 1993/94 were unexpectedly available and the deadline for submittal of applications was April 15, 1994; and • WHEREAS, the State Department of Transportation (Caltrans) extended said deadline to April 20, 1994; and WHEREAS, it was in the public interest to submit applications for both FTA Section 18 Regional Apportionment (non-competitive) and State Discretionary Reserve (competitive) grant funding for said replacement vehicle prior to formal authorization by the City Council to meet said submittal deadline; and WHEREAS, the City Council has conducted a public hearing regarding the submittal of said applications for Federal Transit Administration (FTA) Section 18 capital project grant funds for one 16- passenger transit vehicle to replace an existing 1985 transit vehicle (B-08); and WHEREAS, the City Council hereby approves the project description as shown on Exhibit A, attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay to ratify the City Administrator's timely submittal of applications for FTA Section 18 capital project grant funds to the State Department of Transportation (Caltrans) for one replacement 16-passenger transit vehicle as described in Exhibit A and sign all grant -related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting • held on the 25th day of April, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGE73 DAVIS, City Clerk dnuptonl:16-pass • • ` n 4 1 WILLIAM YA 11 • 9 EXHIBIT A PROJECT DESCRIPTION One replacement 16-passenger transit vehicle equipped with brake retarder, wheelchair lift, farebox, propane fuel engine, and new exterior paint scheme. Sales Tax Total NET PROJECT TOTAL STATE DISCRETIONARY RESERVE COST ALLOCATION Federal Share (80% of Total) Local Match (20% of Total) REGIONAL APPORTIONMENT COST ALLOCATION Federal Share (58.50% of Total) Local Match (41.50% of Total) SOURCE OF LOCAL MATCH ESTIMATED TOTAL COST $55,650 4,350 $60,000 60 AM $12,000 $35,100 $24,900 Local matching funds will be derived from State Transit Assistance, Transportation Development Act, and/or City General Fund monies. If local revenue sources are combined to meet the local matching requirement, specific amounts from each source are unknown at this time. dr:upton1:16-pass RESOLUTION NO. 35-94 RESOLUTION TO AWARD BID NO. PW 93-04 FOR WEED ABATEMENT SERVICES TO MORRO CREEK NURSERY, MORRO BAY, CALIFORNIA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay publicly advertised and opened bids for said services on April 12, 1994; and WHEREAS, the Department of Public Works recommends the award of said contract to Morro Creek Nursery of Morro Bay, California as the lowest responsive and responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Morro Creek Nursery of Morro Bay, California be hereby awarded the contract for weed abatement tractor mowing in the amount of $2.75 per hour per foot width of cut. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting • thereof held the 25 day of April, 1994, by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None WILLIAM YATES, ATTEST: BRIDGET AVIS, City Clerk 0 RESOLUTION NO. 34-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF LOCAL PRESERVATION PROGRAMS AT RISK T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, historic preservation should play a key role in local efforts to conserve and enhance community character; and WHEREAS, historic preservation, through state and federal tax benefits and through the use of the State Historical Building Code, can contribute greatly to community revitalization strategies; and WHEREAS, over 150 communities in California have established some form of a preservation program as part of governmental commitment to the protection and enhancement of historic and cultural resources; and • WHEREAS, 30 units of local government in California are "Certified Local Governments," through the National Historic Preservation Act, joining a nationwide program which provides financial and technical assistance to preserve historic properties - buildings, structures, sites, neighborhoods and other places of importance in the community, state and nation; and WHEREAS, all of these local programs operate through appointed boards, commissions or committees with expertise in the appropriate fields of historic preservation, and because the effective use of many of the state and federal incentives and protections depend upon the support of knowledgeable staff; and WHEREAS, historic preservation programs provide citizens in the community with both necessary technical assistance and with the assurance that historic resource are important to the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, lends its support of local preservation programs at risk as follows: ♦ Recognize the critical importance of historic preservation in the retention of community character and in any revitalization plans; r1 U • Resolution No. 34-94 Page Two ♦ Understand that appointed citizens boards, with staffing support, are cost effective and efficient ways to maximize the real and intangible benefits historic preservation provides; ♦ Resist the urge to make drastic staff cuts or to curtail or eliminate citizen preservation boards, commissions or committees because of current, short-term budget concerns; ♦ Look, instead, to reaffirm the City's commitment and seek creative ways to find the means to allow the City's program to continue to play its vital role in the community. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of April, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None • ABSENT: None ATTEST: BRIDGETT AVIS, City Clerk • RESOLUTION NO. 33-94 • RESOLUTION AMENDING THE CITY OF MORRO BAY MASTER FEE SCHEDULE TO PROVIDE FOR MODIFICATION OF PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES FEES THE CITY COUNCIL City of Morro Bay, California WHEREAS, it has been deemed appropriate for the City of Morro Bay to be fiscally accountable to the public in all matters; and WHEREAS, it is equitable to all persons that fees for engineering services resultant of development proposals performed by the City of Morro Bay Public Works Department be charged and justified on the basis of a full cost recovery basis; and WHEREAS, the current engineering fee structure does not assure the full recovery of costs incurred. THEREFORE, NOW BE IT RESOLVED by the City Council of the City of Morro Bay that the Public Works Department portion of the City of Morro Bay Master Fee Schedule is hereby amended as follows: DELETE Item Fee • Flood Hazard Development Permit $402 Subdivisions Final Map -Tract $1,004 + per lot $3.35 Final Parcel Map with improvements $736 Line Adjustments, Certificate of Compliance, and $252 Other Record of Survey or Map Checking Inspection Engineer Estimate of Construction + 3% Encroachment Permits (includes underground utilities) Major $469 Special- Engineered Structures $268 - Non -Engineered Structures $96 ADOPT Item Fee • Flood Hazard Development Permit $100 + D.C. Subdivisions: Final Map -Tract $200 + D.C. RESOLUTION NO. 33-94 PAGF. 2 •ADOPT cont'd Item Final Parcel Map (with improvements) Final Parcel Map (without improvements) Lot Line Adjustments, Certificate of Compliance and Other Record of Survey or Map Checking Inspection Encroachment Permits (includes underground utilities) Special Improvement Plan Review Fee $200 + D.C. $100 + D.C. D.C. $30 + D.C. $200 + D.C. * D.C. = Direct Costs which shall include but not necessarily he limited to, contract plan check, specialized engineering review, contract engineering services andlor other specific services which exceed the normal and customary clerical and processing efforts. BE IT FURTHER RESOLVED, these fees shall be immediately effective upon adoption; and BE IT FURTHER RESOLVED, these fees supersede any fees or permit costs delineated by conditions of approval except under the limited circumstances delineated hereinafter; and BE IT FURTHER RESOLVED, those development projects which have paid, in full, line item fees in • accordance with the Master Fee Schedule, shall be exempt from the line item fee amendments delineated herein for specific fees, and those fees only, which were paid in full on or before April 18, 1994. All other line item fees not paid in full on or before April 18, 1994 shall be subject to these amendments for any and all engineering services performed on or after March 1, 1994. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of April 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None I /1 n t WILLIAM YATES, ATTEST: BRIDGET AVIS, City Clerk WTB/LC C:BILL.33-4 Cl 1-1 L Ll CITY OF MORRO BAY ENGINEERING CHECKING AND INSPECTION AGREEMENT WHEREAS, in the City of Morro Bay, of the County of San Luis Obispo, State of California, hereinafter referred to as "Property Owner", has applied for and received preliminary approval of (hereinafter 'Project") from the City of Morro Bay, a municipal corporation and one of the cities of the State of California, hereinafter referred to as "City"; NOW, THEREFORE, THIS AGREEMENT made and entered into this day of 19 , by and between the Property Owner and the City; WITNESSETH: Pursuant to the provisions contained in the City of Morro Bay Subdivision Ordinance, Municipal Code Section 16, City of Morro Bay Zoning Ordinance, Municipal Code Section 17 and City of Morro Bay Building Regulations, Municipal Code Section 14 and Resolution No. 33- 94, and in consideration of the final approval of the Project, the parties hereto do promise and agree one with the other as follows: �1 D 1. The Property Owner shall reimburse the City for the cost of the checking of the project map and/or improvement plans made a condition of the final approval of the Project, and the cost of inspection of any such improvements by the City Engineer, his designated representative or contract firm. For all services rendered by City personnel or a contract firm the property owner shall be charged and pay to the City the actual cost. ENGINEERING CHECKING AGREEMENT PAGE 2 • 2. Permission is hereby granted to the City, or its authorized agents, to enter upon the land which is the subject of the Project for the purpose of observation of any/or all work to be done under this agreement. 3. Where a condition of final approval of the Project requires plans prepared by a registered civil engineer, the Property Owner shall employ an engineer of work to provide inspection during the course of construction, to certify to the City Engineer that the improvements were installed in accordance with the approved plans, and to submit record drawings to the City Engineer. All amendments to the approved plans must be signed by both the design engineer and the City Engineer. If the engineer of work is other than the design engineer or is replaced during the course of construction, the City Engineer shall be notified in writing, and each such engineer of work shall certify as to their respective involvement. The City Engineer, or his designated representative, may make such additional observation as is deemed necessary and shall be • available to review field conditions and/or proposed changes with the engineer of work. 4. It is understood and agreed by and between the parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective parties to this agreement. DA Nf`l 5. The Property Owner shall defend, indemnify and save harmless the City, its officers, agents, and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of this provisions hereof, or in any way arising out of this agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Property Owners or of agents, employees, or independent contractors directly responsible to the Property Owner, providing further that the foregoing shall apply to any wrongful acts, or any ENGINEERING CHECKING AGREEMENT PAGE 3 DRAFT • actively or passively negligent acts or omission to Property Owner's agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the Property Owner to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. • IN WITNESS WHEREOF the Property Owner has hereunto set his/her hand and the City has caused these presents to be signed by its duly sworn and authorized officers the day and year first hereinabove written. Property Owner Property Owner Mailing Address: W MILC:C:BILL'ENGK • RESOLUTION NO. 32-94 RESOLUTION AMENDING CONSTRUCTION SCHEDULE FOR UNDERGROUND UTILITY DISTRICT NO. 5, MORRO BAY BOULEVARD - HIGHWAY 1 TO BERNARDO THE CITY COUNCIL City of Morro Bay, California WHEREAS, by Resolution No. 108-91 the City Council did establish Underground Utility District No. 5; and WHEREAS, by Resolution No. 108-91 the City Council did establish March 1, 1993 as the date on which affected property owners and lease holders must be ready to receive underground service, and did order the removal of all poles, overhead wires, and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. 5 on or before June 1, 1993; and • WHEREAS, Resolution No. 18-93 did amend the construction schedule and establish December 31, 1993 as the date on which affected property owners and lease holders must be ready to receive underground service, and did order the removal of all poles, overhead wires, and associated overhead structures) and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. 5 on or before March 31, 1994; and WHEREAS, such dates have passed due to delays encountered by Pacific Bell, NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the Council does hereby establish December 16, 1994 as the new date on which affected property owners and lease holders must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires, and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within Underground Utility District No. 5 on or before April 28, 1995; and BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to notify all affected utilities, lease holders, and all persons owning real property served and . affected by Underground Utility District No. 5 of the adoption of this resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners and lease holders of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the line of the supplying utility or utilities at a new location, subject to applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this resolution together with a copy of said Morro Bay Municipal Code Chapter 13.16, as amended, to affected property owners as such are shown on the last equalized assessment roll, lease holders, and to the affected utilities. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 23rd day of May, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None • ATTEST: BRIDGETJ DAVIS, City Clerk C-1 �t V r� `L o- -z -, -U �LO ao � U �O. c w Z V } RESOLUTION NO. 31-94 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council hereby resolves as follows: Section 1. The following City officials are hereby authorized to receive and review sales and use tax allocation information from the State Board of Equalization: Members of the City Council City Administrator: Forrest Henderson Finance Director: Rudy Hernandez Section 2. The following independent contractor for the City of Morro Bay is hereby also authorized to receive and examine sales and use tax data received from • the State Board of Equalization: Hinderliter, de Llamas & Associates: Robert Hinderliter, Principal Lloyd de Llamas, Principal Section 3. The City of Morro Bay hereby certifies that Hinderliter, de Llamas & Associates: A. Has a current confidentiality contract with the City to receive and examine sales and use tax records; and B. Is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of the City who is authorized by this resolution to examine the information; and C. Is prohibited by that contract from performing consulting service for a retailer during the term of that contact; and D. Is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired. Resolution No. 31-94 Page 2 Section 4. Information obtained by examination of Board records shall be used only for purposes related to the collection of local sales or transactions and use taxes by the State Board of Equalization for municipal revenue forecasting and verification. Section 5. This Resolution supersedes all previous authorizations. Section 6. The City Clerk shall certify to the adoption of this Resolution and forward a certified copy to: State Board of Equalization 2014 "T" Street, Suite 220 Sacramento, CA 95814 Attention: Local Tax Administrator NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay approving the authorization to access sales and use tax records pursuant to Revenue and Taxation Code Section 7056. PASSED AND ADOPTED this 11th day of April, 1994 by the following roll • call vote: AYES: Crotzer, Luna, Mullen, Unger NOES: None ABSENT: Yates ATTEST: ajl_� BRIDGETT DAVIS City Clerk u SUSAN MULLEN, Vice Mayor RESOLUTION NO. 30-94 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADJUSTING THE FY 1993-94 BUDGET FOR COMMUNITY DEVELOPMENT DEPARTMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted a budget for FY 1993-94 on June 28, 1993; and, WHEREAS, a budget adjustment is requested by the Community Development Department for additional appropriation of funds in the amount of $22,000 for Professional Services - Building Services; and, WHEREAS, the City Council approved Building Plan Check Services as part of the FY 1993-94 budget for Community Development Department, a budget amendment is requested to cover the unanticipated costs incurred for Building Plan Check Services for various city projects; and, WHEREAS, this increase in appropriation will be offset by an increase in the collection of plan check fees and there will be no effect to the City's General Fund • balance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay approving the budget adjustment for FY 1993-94 for Community Development by increasing the Professional Services - Building Services appropriation by $22,000 to be offset by an increase in Building plan check fees. PASSED AND ADOPTED this 11th day of April, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen NOES: Unger ABSENT: Yates f SUSAN MULLEN, Vice Mayor ATTEST: •BRIDGEtT DAVIS City Clerk RESOLUTION NO. 29-94 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' . RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Public Employee's Retirement Law permits the participation of public agencies and their employees in the Public Employees Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendment to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide 2%, @ 55 Full formula for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby give notice of intention to approve •an amendment to the contract between the City Council and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11th day of April, 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger NOES: None ABSENT: Yates ABSTAIN: SUSAN MULLEN, Vice Mayor ATTEST: BRIDGETT DAVIS, City Clerk p SE DONOT EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed June 1, 1965, and as amended effective August 15, 1981, November 19, 1983, January 7, 1989, June 24, 1989 and June 22, 1991, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June 22, 1991, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age' shall mean age 55 for local miscellaneous members and age 50 for local • safety members. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. ELECTED OFFICIALS; b. APPOINTIVE COMMISSIONS; AND • C. PERSONS COMPENSATED ON AN HOURLY BASIS. D P`v "..ii a,i�'i'C tea} 5. This contract shall be a continuation of the benefits of the contract of the Morro Bay Fire . District, hereinafter referred to as "Former Agency", pursuant to Section 20567.1 of the Government Code, Former Agency having ceased to exist and succeeded by Public Agency on July 1, 1965. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed Section 20567.1, Statutes of 1949, effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.132 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 8. Public Agency elects and elected to be subject to the following optional provisions: a. Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety members only. b. Section 20862.8 (Credit for Unused Sick Leave). C. Section 20024.2 (One -Year Final Compensation) for local safety members only. 9. Public Agency, in accordance with Government Code Section 20740, ceased to be an • .'employer" for purposes of Section 20759 effective on August 15, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Public Agency shall contribute $2.00 per employee, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.4 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, Is and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by • Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMP YEES' RETIREMENT SYSTEM BY +� CHIEF, CONTRAMSERVICES DIVISION PUBLIC EMPLOYEE`S' RETIREMENT SYSTEM 0 �k PERS-CON-702 0 day of , 19 CITY COUNCIL OF THE CITY OF MOiO BAY BY (�� Presiding OfQ& . rn Witness Date t Attest: Clerk • RESOLUTION NO. 28-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT 34 DESIGNED TO END STATE GOVERNMENT'S PRACTICE OF PASSING UNFUNDED MANDATES TO LOCAL GOVERNMENTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State of California has in recent years been operating beyond its financial means by passing laws which require cities and counties to provide a multitude of programs and services; and WHEREAS, the State of California has expected cities to provide these services but has not given local governments the funds necessary to pay for these programs; and • WHEREAS, the negative effect of the state's present policy is detrimental to cities by forcing them to accept one of two options, including cutting their own programs to fund state programs or raising taxes at the local level; and WHEREAS, this type of state policy is unfair to local governments, and have risen to the forefront since state budgetary shortfalls have been substantially reduced by the amount of money available to local governments; and WHEREAS, this state practice has placed local governments in a precarious position in providing services to the people without state funds to make these services a reality thereby causing an unfair financial burden on local governments in the State of California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that proposed Assembly Constitutional Amendment 34 is hereby supported by the City Council of the City of Morro Bay in an effort to reverse this trend and allow cities to set their own priorities for their scarce resources, and seek the passage of Assembly Constitutional Amendment 34. u • Resolution No. 28-94 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of March, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGETT'DAVIS, City Clerk • • 0 RESOLUTION NO. 26-94 APPROVAL OF TWELVE YEAR LEASE AGREEMENT FOR LEASE SITE 37W WITH PAUL AND ALFRED MEYER 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 the lessor of certain tidelands property known as Lease Site 37W; and, WHEREAS, Paul and Alfred Meyer are the lessees of said lease site under a lease agreement executed in 1964 which expires in 1995; and, WHEREAS, the City of Morro Bay and Paul and Alfred Meyer have mutually agreed to enter into a new twelve (12) year lease agreement for said lease under the City's master lease format; and, WHEREAS, the lessees are in compliance with all terms of the existing lease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute a lease agreement with Paul and Alfred Meyer for Lease Site 37W. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28h day of March, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None BRIDGETT DAVIS, CITY CLERK • IAM YATES, 0 RESOLUTION NO. 25-94 APPROVAL OF AMENDMENT TO U.S. COAST GUARD BERTHING AGREEMENT FOR USE OF THE NORTH T-PIER 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 and the U.S. Coast Guard have entered into a berthing agreement for Coast Guard use of the North T- Pier dated 10/3/91; and, WHEREAS, the 821 U.S. Coast Guard Cutter Pt. Winslow departed for a new home port at the end of January and the Coast Guard has replaced the 82' cutter with a 30' rollover surf rescue vessel; and, WHEREAS, the new vessel requires substantially less space on the North T-Pier and the City of Morro Bay and the U.S. Coast Guard have mutually agreed to an amendment of said berthing agreement which shall reduce the monthly rental and reduce the amount of space utilized on the North T-Pier by the U.S. Coast Guard; and, WHEREAS, the amended berthing agreement also allows for extension of the berthing agreement through September, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of •Morro Bay that the Mayor is hereby authorized to execute an amended berthing agreement for use of the North T-Pier with the U.S. Coast Guard and the City Administrator is hereby authorized to execute any future annual renewals of the same administratively as provided for under the agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 29h day of March, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None WILLIAM YATES, 44A BRIDGET DAVIS, CITY CLERK / 1 P AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES1 2 2 AMENDMENTIMODIFICATION NO. 3. EFFECTNE DATE 4. REOUISITIONNURCHASE RED. NO. S PROJECT NO. (N eppATaMe) 0002 02 Ol 4 CEDS 1 269-02-SO01 G ISSUED BY CODE T. ADMWISTERED BY(Mothsr Man ft. 6) CODE Commander (sr) 'Maintenance and Logistics Command Pacific Coast Guard Island Building 54-D SAME AS ISSUED BY Alameda, CA 94501-5100 S. NAME AND ADDRESS OF CONTRACTOR (Nc., street, roomy, State and ZIP Code) (�) 9A. AMENDMENT OF SOLICITATION NO. City of Morro Bay 595 Harbor Steet 91L GATING (SEE ITEM 1 I) Morro Bay, CA 93442 10A MODIFICATION OF CONTRACTMADER NO. DTCG89-92-L-L-63-094 x 100. DATED (SEE REM 13) lO O 1 CODE FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS ❑ The above numbered whouafion is a orkhad re ast hdh in Item 14. The hour aril date spedred I receipt of others ❑ is eatarded, ❑ u not egendad. Offers must ecknoMedge receipt of this amerdmaM prim to the hour and date 9)odfiM in the solicitation or as amaded, by one of Ilse lokowing mebwaa: (a) BY Candatirg name 8 and 15. snd rebating _ oopies d fee amendment (h) By acknowledging receipt of Mis emenMmant fen each copy of Me offer eubmilted a (c) By aeoasts letter or telegram k ich indudea is refeneres to Me edidtabon and amedmora nuiMars. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED k y RESULT W REJECTION OF YOUR OFFER. If by virtue of his amendment you tleebe Is ohengs an oHa dnWy subinhal. such chime may be made by telegram err letter, prondetl each telegram or rafter mates reference, W Me adMn.ILM and this amachnni enM u Menthol pdbr to Me opening hour end date speed. 12 ACCOUNTING AND APPRWRNTION DATA (H required) 2/L/401/111/30/0/63/71415/2329 $12,400.00 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTSIORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. B. THE ABOVE NUMBERED CONTRACTATRDER IS MODIFIED TO REFLECT THE ADMNfISTRATNE CHANGES (six* as changes so pryvrg oXax gyorspnwem dab, ek.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). XI GSAR E. IMPORTANT: Contractor ❑ is not, X❑ is required to sign this document and return 1 copies to the issuing office. /0. DESCflW710N OF AMENDMENT/MDDIRCAl10N (oganizedby UCFaection hea,,kS, jrckkygsdicifagon/anfrecf"efoo, maw when reantia.) FOR: MOORING FOR USCGC POINT HEYF.R a. This lease is here by modified as follows: 1. The Government hereby exercises its option to use this property for the period 01 01 October 1993 through 30 September 1994 for the annual rental of $12,400.00 at the following payment schedule - for the months of October, November, December 1993 and January 1994, at the rate of $1,300.00 a month; for the months of February, March, April, May, June, July, August and September 1994 at the rate of $900.00 a month payable in arrears, if appropriations are provided by Congress. 2. Attachment 1 to the basic lease is modified to show the Government leasing 140 linear feet on the outboard side of the "T" pier, the 19 foot RHIB (continued on page 2) iFl_9 WILLIAM YATES Mayor, Citv of Morro RALPH C. VACA Real BY NSN TOW PREVIOU S EDITIONUNUSABLE STANDARD FORM 30 (Rev. 10-83) Pnecilbsd by GSA FAR (411 CFR) =0 0 RESOLUTION NO. 24-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF ASSEMBLY BILL 2444 TO PROTECT CALIFORNIA'S COASTLINE FROM INCREASED OFF -SHORE OIL AND GAS DEVELOPMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the coastline of California is of utmost importance to the State as a visual, recreational, scientific and economic resource; and WHEREAS, only some parts of the State's coastal waters, extending from the mean high tide to three miles off -shore, are protected from future oil and gas leasing on a permanent basis; and WHEREAS, some parts of the State's coastline are protected from oil and gas leasing until 1995, some parts until 2003 and • some parts not at all; and WHEREAS, the City of Morro Bay is a unique coastal community whose main industries include tourism, as well as commercial and sports fishing; and WHEREAS, these industries, and therefore the City of Morro Bay, are greatly dependent on the protection of its magnificent coast; and WHEREAS, the creation of a permanent, comprehensive, statewide coastal sanctuary would provide further assurance to the City of Morro Bay and its residents that state coastal waters will remain undeveloped; and WHEREAS, Assemblyman Jack O'Connell has introduced a measure in the California State Legislature that will provide for such a sanctuary, Assembly Bill 2444. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, endorses Assembly Bill 2444, and that the endorsement be communicated to Assemblyman Jack O'Connell, Assemblywoman Andrea Seastrand, Senator Gary Hart, and Governor Pete Wilson. • • Resolution No. 24-94 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of March, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGET DAVIS, City Clerk • • . RESOLUTION NO. 23-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF URGING THE DISTRICT ATTORNEY'S OFFICE AND THE COURTS TO ADOPT A "ZERO TOLERANCE POLICY" FOR PERSONS FOUND GUILTY OF ILLEGAL GUN POSSESSION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, existing law provides that a person found to be illegally possessing a firearm may be punished by a citation as a misdemeanor; while a second offense is considered a felony violation; and WHEREAS, first offense illegal possession of firearm charges are handled in municipal courts without a minimum mandatory sentence being established by state law; and WHEREAS, municipal court judges must weigh each case individually on its facts and consider the seriousness of the crime • and its affect on the community; and WHEREAS, the granting of probation to persons convicted of carrying loaded and concealed firearms on their person or in the driver/passenger area of their vehicle is not consistent with the public's outrage over violence in the streets, neighborhoods and schools of the community; and WHEREAS, under existing law, judges may sentence first-time offenders of the aforementioned offenses to either house arrest for 120 days; 750 hours of community service; or six months in county jail; and WHEREAS, the imposition of such penalties will serve as a deterrent to the continued illegal possession of firearms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, supports the "Zero Tolerance Policy" related to the specified illegal possession of firearms and urges the District Attorney's office and all municipal court justices to adopt the same policy. • Resolution No. 23-94 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 28th day of March, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None /YWYa"W • BRIDGET DAVIS, City Clerk 0 RESOLUTION NO. 22-94 RESOLUTION RATIFYING THE SUBMITTAL OF APPLICATIONS FOR REGIONAL SURFACE TRANSPORTATION FUNDING FOR A PARK AND RIDE/BUS AND RIDE LOT AND NORTH MAIN STREET BIKELANES AND PAVEMENT REHABILITATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, there is a need for a Park and Ride/Bus and Ride Lot in Morro Bay; and WHEREAS, there is a need for bikelanes, regional transit stop improvements, and pavement rehabilitation on north Main Street between Yerba Buena and the intersection of Highway 41 and Main Street in Morro Bay; and WHEREAS, said needs are eligible projects for Regional Surface Transportation (STP) funds; and WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) established a deadline of March 1, 1994 for submittal of applications for said STP funds; and WHEREAS, it was in the public interest to submit applications for Regional STP funding for said projects prior to formal authorization by the City Council to meet said submittal deadline; and WHEREAS, the City Council hereby approves said projects in the amount of $25,000 for the Park •and Ride/Bus and Ride Lot ($20,000-Regional STP/$5,000-Local Match) and $350,000 for the North Main Street Bikelanes and Pavement Rehabilitation ($50,000-Regional STP/$300,000-Local Match). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to ratify the timely submittal of applications to SLOCOG for Regional STP funding for the two projects described hereinabove in the amount of $70,000 and authorize the City Administrator to sign all related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of March 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ABSTAIN: None I' WILLIAM YATES, A TEST BRIDGET DAVIS, City Cler MCWLC:FAB22- • OIpII�I�IYIMI�I�I�I�IYI»I�I~I~IMIMI� Y 25 i5 Y » y M 8M O l""m""'ll ps ,®. LL LL LL LL LL LL LL LL LL }(8$ 4 lids � LL LL X LL LL ]t 5� 2S � $ � ,Qp K Q � p 2S 2pOS � b y O A o 8 _O 88 Epo$p 1Q�j tNt� 0 A pa� p�p 6 12p5 M Y M M M N� . Y LL� N 2 y% N 4J y N N N N H W N 41 f9 H H H N W` Isi W °a u so, -tea aw Q N T p O T 2 ay x 1- f3CC', 02 y •YC J C Y M.. 2 U a° ff¢ a H a �� i g d�� � z J4 F� U F• O 2..IS W Q g J U m R 2 0 2 T ¢ 2 Q W 2 Z 0 5}�� y5{� u5 m Z ,o 3 n 25 t5 0 K O JJ C U O U O C C m U C 0 0 0 O 4 f R B ¢ o c Y Z S Q G N rv! r b b A b N O O . N F �'! r h 5 •,: RESOLUTION NO. 21-94 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE CITY TREASURER TO ENTER INTO A MASTER CHARGE CARD AGREEMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, it is the intent of the City Council to authorize the issuance of Master Charge cards to officials, officers and employees of the City of Morro Bay only during time of authorized travel; and WHEREAS, the purpose of using Master Charge cards is to purchase services while traveling on city business, however, cannot be utilized to obtain cash; and WHEREAS, the purchase of services with Master Charge cards will include such travel expense items as airplane tickets, bus fares, garages, hotels, motels, meals, car rentals, fuels, registrations, emergency vehicle repairs; and • WHEREAS, it is intended that the City Treasurer be authorized to administer the Master Charge card system; and WHEREAS, five (5) Master Charge cards will be kept in the custody of the City Treasurer for issuance to City Administrator, Police (2) and Fire (2) Chiefs; and WHEREAS, total authorized Master Charge card credit will have a maximum dollar limitation of $5,000 for all five Master Charge cards; and WHEREAS, the bank has agreed that there will be no fees or charges to the City for the Master Charge cards; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Treasurer, be authorized to enter into a Master Charge card agreement with Mid -State Bank, and that the City Treasurer be authorized to sign those agreement documents. • Resolution No. 21-94 Page 2 PASSED AND ADOPTED this 28th day of March, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGEJ DAVIS City Clerk RESOLUTION NO. 20-94 . RESOLUTION APPOINTING NORTH COAST ENGINEERING, INC. AS ACTING CITY ENGINEER THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Section 36505 requires the City Council to appoint a City Engineer by resolution; and WHEREAS, by Resolution No. 105-92 on August 24, 1993 the City Council appointed Jon G. Crawford, P.E., as City Engineer; and WHEREAS, Jon G. Crawford, P.E. did resign his employment with the City of Morro Bay effective March 1, 1994; and WHEREAS, it is desired to appoint an Acting City Engineer to fulfill the necessary duties delineated by the Morro Bay Municipal Code and the laws of the State of California; and WHEREAS, North Coast Engineering, Inc., Steven J. Sylvester, P.E., President, possesses the civil engineering education and municipal experience necessary to qualify as City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that • the firm of North Coast Engineering, Inc., Steve J. Sylvester (Registered Civil Engineer No. 29743) is hereby appointed Acting City Engineer for the City of Morro Bay effective this date. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of March, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETZ DAVIS, City Clerk . WTB/I,C:X:20-94 RESOLUTION NO. 19-94 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DESIGNATING FUNDS FROM THE GENERAL FUND TO SUPPORT THE LOAN GUARANTY OF THE FACADE IMPROVEMENT PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council on February 28, 1994, authorized the City Administrator to enter into an agreement with Mid -State Bank to provide loans for facade improvements; WHEREAS, Mid -State Bank has agreed to provide low interest loans ranging from $5,000 to $10,000 to business owners for the purpose of facade improvements; WHEREAS, the City of Morro Bay will set aide $100,000 in a General Fund reserve account to support the guaranty loan; • WHEREAS, the City of Morro Bay agrees to repay all outstanding principal and interest due on any loan which becomes 60 days delinquent. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that $100,000 will be set aside in a General Fund Reserve Account to act as a loan guaranty for the Facade Improvement Program. PASSED AND ADOPTED this 14th day of March, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None WILLIAM YATES, ATTEST: BRIDGETT AVIS • City Clerk RESOLUTION NO. 18-94 RESOLUTION DECLARING WEEDS A NUISANCE AND POTENTIAL FIRE HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT THE CITY COUNCIL City of Morro Bay, California BE IT RESOLVED that the City Council of the City of Morro Bay does hereby act in accordance with Chapter 8.12 of the Morro Bay Municipal Code by declaring weeds a public nuisance and potential fire hazard, and hereby authorizes the Public Works Department to take the necessary steps to implement this year's Weed Abatement Program; and BE IT FURTHER RESOLVED that a public hearing shall be held by the City Council of the City of Morro Bay on May 9, 1994 at 6:00 in the Morro Bay Veterans Hall to hear comments from individuals who received notice to abate their parcels. . PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 14th day of March, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: t► )� a BRIDGET DAVIS, City Clerk 40 WILLIAM Y • RESOLUTION NO. 17-94 APPROVAL OF SUBLEASE OF A PORTION OF LEASE SITE 67/67W TO PHILIP AND DIANA BROWN 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 the lessor of certain property on the Morro Bay waterfront described as Lease Site 67/67W; and, WHEREAS, the lessees of said Lease Site are Dr. Armand Viole and Ynez Viole O'Neill; and, WHEREAS, the lessees are in compliance with lease terms and are current with all rents for said lease; and, WHEREAS, the Lessees have requested City approval of a sublease agreement with Philip and Diana Brown for operation of a British/ European import goods retail sales store, dba The Great Britain Shop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the sublease of a portion of lease site 67/67W to Philip and Diana Brown is hereby approved and the Mayor is hereby authorized to execute the Consent to Sublease document. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of March, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None k A r WILLIAM YATES, MA BRIDGETT VIS, CITY CLERK City of Morro Bay+; -- Morro Bay, CA 93442 • 805-772-6200 1994++ A P P L = C A T = O N i LV 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. (hid-, LEASE SITE #: 67 and 67W APPLICATION FEE: $260.00 CkF, 2107- ARMAND VIOLE and YNEZ VIOLE O'NEILL Lessee (please print) c/o LEE BROSHEARS, Attorney at Law _ 1163 Main Street ailing Address Morro Bay, CA 93442 City, State Zip Proposed Name: THE GREAT BRITAIN SHOP Business Name (805)772-2752 Telephone REQUEST: Briefly describe specific nature of approval requested. licant wishes to sublease a portion of the lease site to be used the subleasee as a retail store for the sale of merchandise; primarily (but not necessarily limited to) items imported from Europe. Applicant's Sigp ARMAND VIOLE • FINANCE 595 Harbor Street HARBOR DEPARTMENT 1275 Embarcadero SEE REVERSE ADMINISTRATION 595 Harbor Street COMMUNITY DEVELOPMENT 535 Harbor Street Date FIRE DEPARTMENT 715 Harbor Street POLICE DEPARTMENT 850 Morro Bay Boulevard PUBLIC WORKS 695 Harbor Street RECREATION AND PARKS 1001 Kennedy Way u LEE BROSHEARS ATTORNEY AT LAW 1163 Main Street Morro Bay, California 93442 (805) 772-2752 March 1. 1994 City of Morro Bay Harbor Department 1275 Embarcadero Morro Bay, CA 93442 Re: Lease Site 67 and 67(a) To whom it may concern: I represent Armand Viole and Ynez Viole O'Neill (herein Viole/O'Neill), leaseholders of the above -referenced lease site. Viole/O'Neill propose to sublease a portion of the lease site to Philip Brown and Diana Marie Brown, who are husband and wife. Enclosed herewith are: 1. Application. 2. TWO HUNDRED SIXTY DOLLAR ($260) application fee. 3. Consent to Sublease Agreement and Sublease, both of which have been completely filled out and signed. 4. Personal financial statement of Philip and Diana Brown. The proposed sublessees plan to operate a retail store from the lease site for the sale of items imported from Europe, primarily Great Britain. They intend, after receiving proper city approvals, to paint the exterior of the building and to upgrade the interior of the store. Operation of the retail store will be principally by Philip Brown. He is 36 years of age and a native of England. As he was growing up, he worked for many years in his uncle's retail gift store in England. Having grown up around his uncle's store, Philip feels the proposed business will be second nature to him. He is very qualified to run a retail business of the type planned. In recent years, he has operated his own business in Southern California, providing sales 40 and service to court reporters. This business was a success until industry change made the business somewhat obsolete. i City of Morro Bay March 1, 1994 Page two Philip will be assisted in the operation of the business by his wife, Diana. Diana is presently retired from Los Angeles County and receives retirement pay. I am sure when you have the opportunity to meet Mr. and Mrs. Brown, you will find them to be very down-to-earth, realistic, quality people who possess all of the skills necessary to succeed at whatever they do, including the operation of the business proposed for the lease site. If you have any questions, or require additional information, please do not hesitate to contact me. Very ly rs, roshears LB:dkr Enclosures cc: Armand Viole . Ynez Viole O'Neill violc2Jtr i F_I L • LJ CONSENT TO SUBLEASE THIS CONSENT TO SUBLEASE AGREEMENT is entered into this 7th day of February , 1991 by and between ARMAND VIOLS and YNEZ VIOLS O'NEILL, hereinafter referred to as TENANT, and PHILIP BROWN and DIANA MARIE BROWN , hereinafter referred to as SUBTENANT and the City of Morro Bay, California, hereinafter referred to as CITY. IODNJYVAN;:> WHEREAS, a Master Lease was executed on January 1, 1983 , and; WHEREAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay all of the sums required of TENANT and SUBTENANT under the terms of the Master Lease dated January 1, 1983 hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms Page 1 of 4 • of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. 3. The term of the sublease attached as Exhibit A shall be three years* commencing upon execution of said lease and this consent to sublease, provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as outlined in Exhibit B showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. SUBTENANT acknowledges its duty to secure a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to comply with each and all of the terms and conditions of those documents. SUBTENANT acknowledges and agrees that this duty exists between SUBTENANT and TENANT and not between SUBTENANT and the CITY. 6. The proposed use by SUBTENANT is as follows: Retail sale of merchandise; primarily (but not necessarily limited to) items imported from Europe. Percentage of Gross Rental to Permitted Use: Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of *Plus two year option. Page 2 of 4 the subleased premises for a purpose other than that . specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. 7. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior writ- ten consent of CITY. 8. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the CITY's con- sideration of the Consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written con- sent of CITY. 9. Unless SUBTENANT is included as an additional • insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. r 1 U 10. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 11. The Sublease Agreement and all of its terms, pro- visions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BAY, evidenced by a resolution passed and adopted by said City Council, to the execution of the Sublease. This Agreement cannot be modified except by a written document approved by the City Council of the CITY OF MORRO BAY and Page 3 of 4 signed by the Mayor and Clerk. A waiver of any of the con- ditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit A is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is incon- sistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. ATTEST: Bridge Davis, City Clerk n CITY OF MORRO BAY A Municipal Corpora n N� ^n ' P By: Yates SUBTENANT: man .rris- i 0 VA KE" p OIL ill IF, -. TENANT: By. A D V � By: Y Z VIULE U'-NEIUL' Page 4 of 4 • EXHIBIT "B" CONSENT TO SUBLEASE AGREEMENT At a minimum, certain basic books and records shall be kept by Lessee and Sublessee such as: 1. Prenumbered and dated guest checks; 2. Prenumbered sales invoices or daily cash register tapes; 3. Bank Statements; 4. Sales Tax Returns; 5. Sales Journals; • 6. Cash Disbursement Journals; and 7. General Ledger FJ 0 RESOLUTION NO. 16-94 APPROVAL OF ASSIGNMENT OF LEASE SITE 78-81/78W-81W FROM FLYING DUTCHMAN ENTERPRISES, INC. TO VAN BEURDEN INVESTMENTS CONTINGENT UPON CITY ATTORNEY APPROVAL OF FINAL DOCUMENTS BY JUNE 15, 1994 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 the lessor of certain property on the Morro Bay waterfront described as Lease Site 78-81/78W-81W, and; WHEREAS, the lessee of said Lease Site is Flying Dutchman Enterprises, Inc. and said lessee is in compliance with lease terms and is current with all rents; and, WHEREAS, Flying Dutchman Enterprises, Inc. has requested approval of assignment of the lease agreement for Lease Site 78-81/78W-891W to Van Beurden Investments, a California Partnership; and, WHEREAS, Van Beurden Investments is owned by the same individuals as Flying Dutchman Enterprises, Inc. and approval of the requested assignment will not change the parties involved in ownership or • management of said Lease Site. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that approval is hereby given for assignment of Lease Site 78-81/78W-81W from Flying Dutchman Enterprises, Inc. to Van Beurden Investments subject to City Attorney approval of the assignment and assumption document. Failure to provide documentation or approvals required by the City Attorney by June 15, 1994 shall serve to make this Resolution and approval automatically null and void. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the assignment and assumption agreement on Lease Site 78-81/ 78W-81W. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of March, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None BRIDGET DAVIS, CITY CLERK hlP ii i i`. i lyl i, N City of Morro Bay 595 Harbor St. a Morro Bay, CA 93443-1900 • 805.772-6200 $ M4 I� i3 Vi A P P 11� = C A a7 S C7 CITY OF MORRO BAY HARBOR DEPARTMENT 1215 E BARCAD RO 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 #: L,, W APPLICATION FEE: A60 EISIII1Ag� OZ . hC Le a (pleass e print) � 7) C-WII r Mailing Address MsIM • ", yI city, Staike, Zip Business Name �iS� ZZ� 5166 Telephone REQUEST: Briefly describe specific nature of approval requested. Applicant's Signature Date • SEE REVERSE Cn'Y HALL FIRE DEPARTMENT 595 Harbor Steel 715 Harbor Street HARBORDEPARTMENT POGCF.DEPARTMENT 1275 Ernbarcadero 850 Morro Bay Blvd. PI wows 695 Harbor Stet RECREATION AND PARKS 1001 Kennedy Way Recording Requested By: • Flying Dutchman Enterprises, Inc. And When Recorded Return To: Flying Dutchman Enterprises, Inc. 701 Embarcadero Morro Bay, CA 93442 This agreement is made this day of , 1994, by and between FLYING DUTCHMAN ENTERPRISES, INC. thereinafter referred to as "Assignor") and VAN BEURDEN INVESTMENTS, a California partnership (hereinafter referred to as "Assignee"), and the CITY OF MORRO BAY (hereinafter referred to as "Lessor"). WHEREAS, Lessor is the lessor of certain real property on the Morro Bay waterfront, described as lease site number 78- 81/78W-81W; and, WHEREAS, Assignor is the lessee of the above -described lease site pursuant to a lease executed and enforced between . VAN BEURDEN INVESTMENTS, Lessor, a true and correct Copy of said lease is attached hereto and incorporated by reference as Exhibit "A"; and WHEREAS, the lease was assigned from VAN BEURDEN INVESTMENTS to Assignor pursuant to an Assignment of Lease dated March 26, 1993, a true and correct copy of which is attached hereto and incorporated by reference as Exhibit "B"; and WHEREAS, Assignor now desires to assign the lease back to Assignee, and Assignee desires to accept the assignment thereof; and WHEREAS, Lessor, through the action of the City Council of the City of Morro Bay, approved said assignment on , pursuant to resolution No. , a true and correct copy of which is attached hereto and incorporated by reference as Exhibit "C"; and WHEREAS, Assignee has agreed to accept said assignment; NOW, THEREFORE, Assignor, Assignee, and Lessor hereby agree as follows: 40 1 1. Effective Date: The assignment in this agreement shall take effect on 2. Assignment and Assumption: Assignor hereby assigns and transfers to Assignee all of Assignor's right, title and interest in and to the lease herein before described, and Assignee hereby agrees to and does accept the assignment, and Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, covenants, and conditions and obligations, required to he kept, performed, and fulfilled by Assignor as lessee thereunder. 3. Landlord's Consent: Lessor consents to the assignment without waiver of any restrictions in the original lease concerning further assignment. 4. Assignor's Liability: Assignor shall remain liable for the performance of the provisions of this lease. 5. Personal gi4rantees: Stan van Beurden, Paul Van Beurden, Leon Van Beurden, William Van Beurden, and Cle' Van Beurden (hereinafter "Guarantors") do unconditionally guarantee and promise, for the benefit of Lessor, Assignee shall perform the provisions of the lease that Assignor was otherwise required to perform. . a. If Assignee defaults under the lease, Lessor can proceed immediately against Assignee or Guarantors, or both, or can enforce any rights that it has under the lease or pursuant to applicable laws against Guarantors solely. Lessor shall kiave any and all rights against Guarantors, and each of them individually, as it has against Assignee in the case of Assignee's breach of the lease or default thereunder. Guarantors' obligations are joint and several, and are independent of Assignee's obligations. A separate action may be brought or prosecuted against any single Guarantor or against the Guarantors, jointly, with or without action against Assignee, solely at Lessor's discretion. This guarantee shall not be affected by any failure or delay of Lessor to enforce any of Lessor's rights under the lease or this assignment. b. The provisions of the lease may be changed by agreement between Lessor and Assignee at any time, or by course of conduct, without the consent of, or notice to, Guarantors. This guarantee shall assure the performance of the lease as changed by such amendments. 9 2 C. Guarantors waive the right to require landlord • to (1) proceed against Assignee; (2) proceed against or exhaust any security that Lessor holds from Assignee; or (3) pursue any other remedy in Lessor's power. Guarantor waives any defense by reason of any disability of Assignee, and waives any other defense based on the termination of Assignee's liability for any cause. d. Until all Assignee's obligations to Lessor have been discharged in full, Guarantors have no right of subrogation against Assignee. Guarantors waive any right to participate in any security now or later held by Lessor. Guarantors waive all presentments, demands for performance, notice of non-performance, protests, notices of protest, notices Of dishonor, and notices of acceptance of this guarantee, and waive all notices of the existence, creation, Or incurring of new or additional obligations. f. If Lessor is required to enforce Guarantors' obligations by legal proceedings, Guarantors, and each of them, shall pay to Lessor all costs incurred, including, without limitation, reasonable attorneys' fees. 6. Successors: This agreement shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest and assigns. Executed at Morro Bay, California, on the day and year first above written. ASSIGNOR SIGNATURES; By: Stan Van Seurden, President/ Secretary, Flying Dutchman Enterprises, Inc. Sy: Paul Van Beurden, Vice -President/ Treasurer, Flying Dutchman Enterprises, Inc. 9 • ASSIGNEE SIGNATURES; Stan Van Beurden, Partner Van Beurden investments, Inc. Paul Van Beurden, Partner Van Beurden Investments, Inc. Lean Van Beurden, Partner Van Beurden Investments, Inc. William Van Beurden, Partner Van Beurden Investments, Inc. Cle' Van Beurden, Partner Van Beurden Investments, Inc. GUARANTOR SIGNATURES: Stan Van Beurden Leon Van Beurden Paul Van Beurden William Van Beurden Cle' Van Beurden 0 4 LESSOR SIGNATURES: CITY OF MORRO BAY By: , Mayor ATTEST: Bridgett Davis, Clerk VM86W Assim.vbi • 5 APPROVED AS TO FORM: David R. Hunt, City Attorney 6 L RESOLUTION NO. 15-94 RESOLUTION AMENDING BY-LAWS OF THE WATER ADVISORY BOARD TO ACCOMMODATE CHANGE IN MEETING TIMES AND LOCATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City's Water Advisory Board (WAB) performs a vital function in the process of advising the City Council in matters relating to potable water policy; and WHEREAS, it is in the best interest of the community to encourage and foster public participation in the WAB's consideration of potable water issues; and WHEREAS, the current WAB By -Laws require meetings to be held at 1:00 p.m. at the City Hall Conference Room on the second Wednesday of each month; and WHEREAS, it has been deemed appropriate to amend the WAB By -Laws to allow for a change in meeting time and location to evening meetings in a larger room to provide for additional public participation; and WHEREAS, the City Council must approve amendments to said By -Laws - NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that an amendment to the By -Laws of the Water Advisory Board is hereby approved to designate that henceforth the Water Advisory Board's regular meetings are to be held the second Wednesday of each month commencing at 7:00 p.m. at the Morro Bay Library Program Room, 625 Harbor Street, or as agreed by the Board. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 28th day of February, 1994, by the following vote: AYES: Crotzer, NOES: None ABSENT: None ABSTAIN: None Luna, Mullen, Unger, and Yates ATTEST: ` 1 BRIDGETT DAVIS, City Clerk RESOLUTION NO. 14-94 • RESOLUTION ACCEPTING AN: OFFER OF DEDICATION OF STREET RIGHT -OF WAY ALONG ATASCADERO ROAD; AND OFFER OF EASEMENT IN FAVOR OF THE CITY OF MORRO BAY AS SHOWN ON PARCEL MAP MBAL 92-016 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, on the I Sth day of March, 1991, at a regular meeting did approve Resolution 15-91 to allow construction of a fast food restaurant at the south west corner of Highway One and Atascadero Road; and WHEREAS, the conditions of approval require a parcel map upon which the existing lots shall be reverted to acreage, dedication of public right-of-way to obtain a required 10 foot sidewalk width, and a bike trail easement to link Keiser Park to Atascadero Road; and WHEREAS, the City requires enlargement of its existing easement for City vehicular access from Atascadero road to the Keiser Park water wells and chlorination station; and WHEREAS, the offer of dedication and easement, and the reversion to acreage has been made on parcel map MBAL 92-016 as required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does accept on behalf of the public the offer of dedication of right-of-way and easement, respectively, made on parcel map MBAL 92-016. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 28th day of February, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGET DAVIS, City Clerk NMILC C xsaxss • • L � e 3wO aQ m N as 4 /' \`� w \ --� ry N o S W a n a N a=�� i Q -y` co G zo d o63t QiJ W -gip ¢V ` mT zm¢ uoa cam LM3V 3 y C) W 'zoa U w4'm ��Wm Fr��+x p4'n�5d� •en� 4W ?nfrc Fri �n00 ~Z W•O W i �m_us Q�fma m �o �tl � � F �F �N � ee v da 3Wv& � .#�, � /dNL✓A t m � mp 4 yl. 44 ,Q 1 �W 1a bQ - --4* — -- i • RESOLUTION NO. 13-94 APPROVAL OF ASSIGNMENT OF THE LEASE FOR LEASE SITE 96/96W FROM AL HALL TO LARRY AND URSULA DAVIS 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 on February 28, 1994 by Resolution 12-94; and WHEREAS, Mr. Hall has requested City approval of assignment of the lease agreement as amended on November 9, 1992 and on February 28, 1994 to Larry and Ursula Davis; and WHEREAS, Larry and Ursula Davis 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 Larry and 41 Ursula Davis, 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 May 28, 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 May 28, 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 28th day of February, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None mecum. • February 16, 1994 Dear Morro Bay City Council Members, RE: CITY LEASE SITES # 96, 96W, THE WHALE'S TAIL RESTAURANT We, Larry and Ursula Davis, are asking the City of Morro Bay to approve the assignment of this lease to us. We are currently sublessees of Bob's Seafood Restaurant on the Embarcadero, with a remaining lease of 8 years. We have success- fully conducted this business for the past 12 years. We wish to continue operating in the Restaurant business and desire to transfer to a more permanent position with a future. We intend to cooperate with all required improvements in the pre- sent lease and will submit plans to upgrade this lease site with- in 5 - 7 years. Ursula Davis is an area resident since 1968, a Cal Poly graduate, a past Real Estate Broker, with experience in the Restaurant business for more than 12 years. • Larry Davis is an area resident since 1964, has a background in accounting and real estate, and many years of experience in the Restaurant business. We are financially reliable and qualified to conduct the business for which the lease was granted, and we will maintain active con- trol of the business on these lease sites. Sincerely, Lar�vis Ursula Davis City of Morro Bay 595 Harbor St. • Morro Bay, CA 934434900 • 805-772-6200 A P P L = C A T 2 O N 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. J LEASE SITE 1: ' Lessee (please print) 1 !� d X / /� fling Address City, State ZIP APPLICATION FEE: `$��_ Business Name %%Z -- 3��Z Telephone REQUEST: Briefly describe specific nature of approval requested. J .P- ��"'!I I �le�ae��fir Applicant's Sigtfature Dat4 is SEE REVERSE L CITY HALL 595 Harbor Street FIRE DEPARTMENT 715 Harbor Street PUBLIC WORKS 695 Harbor Street HARBOR DEPARTMENT POLICE DEPARTMENT RECREATION AND PARKS ___ 850 Morro Bay Blvd. IODl Kennedy Way RESOLUTION NO. 12-94 APPROVAL OF ANENDNENT TO LEASE FOR LEASE SITE 96/96W T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City is the lessor of tidelands property known as Lease Site 96/96W, and; WHEREAS, Al Hall is the lessee of the lease on City Lease Site 96/96W; and WHEREAS, said lease was amended in November, 1992 to change the rental terms, clarify security deposit requirements and provide a process for the tenant to request extension of the lease based on tenant improvements to the Site; and WHEREAS, per the terms of Amendment #2 to said lease, the Tenant has obtained approval of CUP 22-93; and WHEREAS, as provided in Amendment #2 to said lease, the third amendment extends the lease term for eight years and provides a credit for Tenant's building buy back payments providing all work is is completed in conformance with CUP 22-93 by May 3, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached amendment signed by Al Hall is hereby approved and the Mayor is authorized to execute the amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of February, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None 0 LEASE AMENDMENT #3 LEASE SITE 96/96W This Third Amendment ("Amendment") to the Lease for Lease Site 96/96W dated February 9, 1987 (the "Lease") is entered into on 1994 by and between the City of Morro Bay a municipal corporation of the State of California, hereinafter called City, and Alvin L. Hall dba the Whale's Tail Restaurant, a sole proprietor, hereinafter called Tenant. Whereas, Alvin and Norma Hall were parties to the existing Lease; and Whereas, Norma Hall is deceased and Alvin Hall has succeeded to her interest in the Lease; and Whereas, Tenant and City mutually agreed to a previous amendment of the Lease by resolution of the City Council dated December 28th 1987; and Whereas, Tenant and City mutually agreed to a second amendment of the Lease ("Second Amendment") by resolution of the City Council dated November 9th 1992; and •Whereas, City and Tenant desire to amend the Lease for a third time to allow for improvements to the site and extension of the term of the Lease. Cl Now Therefore, Tenant and City shall provide for amendment of the Lease follows: 1. Amendment a. The present Section 1.01 shall be deleted and replaced as follows: herein provided. b. A new Section 13.09 shall be added to the Lease as follows: Section 13.09 Construction of Improvements by 3 Mav 1996 If Morro Bay Planning Commission or Community --- _ --..-..,-, ^f CITP 22 93 t0: A Avoid any pollution of the atmosphere or littering of land Page 1 of 2 ANEWENT #3 LEASE SITE 96/96W PAGE 2 B. Keep the noise level on the premises to a minimum so that . persons in the neighborhood will be able to comfortably enjoy business and facilities in the area: C. Prevent any pollutants including_ petroleum products from entering Morro Bay; D. Avoid negative impacts on surrounding businesses' F. Keep the construction site in a sightly orderly and safe manner at all times. 2. Termination of Buy -Back Payments: In accordance with Section 13.01 B and 13.03 as set forth in the Second Amendment Tenant's payments of building buy-back payments shall cease effective February 28, 1994. 3. Credit for Buy -Back Payments: Tenant shall receive a one- time credit of $4,134.60 on the July 1, 1994 semi-annual minimum rent payment. Such credit equal to 500 of all additional monthly buy-back payments between October 1, 1992 and February 2B, 1994. Neither City nor Tenant shall have any further obligations under Section 13.03. • All other terms and conditions of the Lease and the Second Amendment shall remain in full force and effect. In witness whereof the parties hereto have executed this Third Amendment as of the day and year first above written: CITY OF MORRO ATTEST: A"L V ill BRIDGE DAVIS, CITY CLERK •• • • AS TO I •• DAVID HUffT, MITI ATTORNEY � y //// _ W �J Page 2 of 2 RESOLUTION NO. 11-94 SETTING CITY POLICY FOR ADMINISTRATION OF THE ANCHOR MEMORIAL AND AUTHORIZING INSTALLATION OF A PLAQUE HONORING ANDY ZATRO FOR HIS CONTRIBUTIONS TO THE COMMUNITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Fishermen's Memorial at Anchor Memorial Park is a community project to remember local fishermen lost at sea; and WHEREAS, Mr. Andy Zatko previously administered the Anchor Memorial funds at Great Western Bank and made arrangements to have names of fishermen lost at sea engraved on the memorial; and WHEREAS, Mr. Zatko's tragic death requires the City to set up a new policy for administration of the memorial. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fishermen's Memorial shall be administered in the following manner and that a plaque shall be installed on the memorial to remember Andy Zatko's contribution to the community. The City Administrator shall be directed to set up a new Anchor Memorial Fund account at Great Western Bank and shall be authorized to execute any documents thereby required. The account shall be set up •with three signatories, the President of the Morro Bay Commercial Fishermen's Association, a past or present member of the Harbor Advisory Board as appointed by the Chairman of the Harbor Advisory Board and the City's Chief Harbor Patrol Officer. These three members shall meet at least once a year to review maintenance on the memorial and arrange for engraving of any new names of fishermen' lost at sea. The committee shall report once a year to the Harbor Advisory Board on expenditures from the Anchor Memorial Fund. The Recreation and Parks Department is directed to acquire a suitable plaque commemorating Andy Zatko's contribution to the community and to install said plaque on the Anchor Memorial. Said plaque will be paid for by private donations and out of the Anchor Memorial fund. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of February, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None 0 ! RESOLUTION NO. 10-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF CALIFORNIANS FOR PARKS AND WILDLIFE BOND ACT OF 1994 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 finds that providing park and recreation services is of vital environmental, social and economic interest to the citizens of our community; and WHEREAS, a coalition of community and conservation groups, business and labor, historic preservation and other organizations have undertaken a volunteer, community -based effort to place a Park, Recreation and Wildlife General Obligation Bond Act on the June, 1994 ballot; and WHEREAS, the bond act will provide needed facilities for the enhancement of our community, including urban forestry, park and recreation facilities, historic preservation, and a wide variety of other programs; and WHEREAS, CALPAW 194 includes funding for at -risk youth facilities, in order to reduce crime, drug activity, and gang violence in our • community; and WHEREAS, the City of Morro Bay anticipates receiving funding for development of park and recreation facilities if CALPAW 194 is approved by the voters; and WHEREAS, thousands of jobs will be created with passage of this bond. NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay endorses the CALPAW 194 initiative, and also endorses the specific proposition that contains the measure as it will appear on the June 1994 ballot. PASSED AND meeting thereof vote: AYES: Crotzer, NOES: None ABSENT: None ADOPTED by the Morro Bay City Council at a regular held on the 14th day of February, 1994 on the following Luna, Mullen, Unger, and Yates WILLIAM YATES, ATTEST: • BRIDGET DAVI , City Clerk • RESOLUTION NO. 09-94 RESOLUTION AUTHORIZING MASTER LEASE AGREEMENT, SIGNATORIES AND NOTICE OF INTENT TO BE REIMBURSED WHEREAS, The City of Morro Bay, County of San Luis Obispo, State of California, ('City') is duly existing under the laws of said State; and WHEREAS, the City will enter into agreements during calendar year 1994 for the acquisition of various items of equipment including, but not limited to, a rescue vehicle ("Property") all of which will be awarded to vendors in accordance with applicable public contract codes; and WHEREAS, the City Council has determined it is in the best interest of the City and the citizens it serves to enter into a Master Lease with Option to Purchase financing ("Master Lease') with Municipal Leasing Associates ("Corporation") in order to enable the City to pay for and to lease -purchase Property not exceeding $400,000 of purchase cost in the aggregate. NOW, THEREFORE, BE IT RESOLVED that the City Administrator acting alone, isbe and hereby is, authorized and directed in the name and on behalf of City to enter into binding agreements with the Corporation for leasing the Property upon such terms as may seem advisable to said officer, and to execute and deliver, as agent for the City, all necessary agreements including, but not limited to, a Master Lease agreement, purchase (agency) agreement, advance payment agreement, acknowledgment of assignment and acceptance certificate. This officer is also authorized to accept or direct delivery of the Property. The authority given hereunder shall be deemed retroactive and any and all acts authorized hereunder performed prior to the passage of this resolution are hereby ratified and affirmed. BE IT FURTHER RESOLVED that the City of Morro Bay may, in its sole discretion, as exercised by the City Administrator, seek reimbursement from the proceeds of the Master Lease agreement approved hereby for a maximum principal amount of $400,000.00 of expenditures occurring no earlier than sixty days prior to the adoption of this resolution. All reimbursed expenditures will be capital expenditures as defined in Section 1.150-1(b) of the Federal Income Tax Regulations. BE IT FURTHER RESOLVED that the lease schedules issued pursuant to this approved Master Lease financing be designated by this body as a qualified tax exempt obligation pursuant to Section 265(b) of the Internal Revenue Code of 1986 (as amended) and the authorized officers be directed to execute the "Designation of Qualification" document. Resolution No. 09-94 Page Two • • PASSED AND ADOPTED by the City of Morro Bay City Council at a regular meeting thereof held on the 14th day of February, 1994 on the following vote: AYES: NOES: ABSENT: Crotzer, Luna, Mullen, Unger, and Yates None None I Bridgett Davis, City Clerk for the CITY OF MORRO BAY, hereby certify that the foregoing is a true copy of a resolution duly and legally adopted by the City Council of the City of Morro Bay at a legal meeting of said body duly and regularly held on February 14, 1994, and that said resolution has not been revoked. Bridgett D 's, City Clerk Incumbency I further certify that the officer referred to in the foregoing resolution is now held by the following: TITLE OF OFFICER NAME OF OFFICER S` IGNATU O�QFFICE�R City Administrator Forrest Henderson © Bridgett Davy , City Clerk Date: a RESOLUTION NO. 08-94 • A RESOLUTION APPROVING THE CITY OF MORRO BAY WASTE DIVERSION POLICY AND RECYCLED PRODUCT PURCHASING POLICY THE CITY COUNCIL City of Morro Bay, California WHEREAS, sanitary landfill capacity is an increasingly scarce resource in California and throughout the nation and must be preserved; and WHEREAS, it is difficult and costly to site new landfills; and WHEREAS, much of the material entering the waste stream can be recycled, reused, or incorporated into manufacturing new products; and WHEREAS, City participation in and promotion of recycling and other waste diversion and reduction strategies conserves valuable resources, is the sustainable way to conduct business, and significantly reduces the volume of material disposed at a landfill, thereby extending its life and minimizing disposal costs; and isWHEREAS, the development of markets for recyclable materials is essential to effective waste diversion programs and it is therefore necessary to close the recycling loop by developing markets for products which contain recycled materials or are reusable or recyclable; and WHEREAS, the City entered into a Curbside Recycling Franchise Agreement with Rock Solid Recycling dated October 25, 1993 to operate a comprehensive residential and commercial curbside recycling program, which was implemented on January 3, 1994, and all City departments are participating in said program; and WHEREAS, Morro Bay Municipal Code Section 3.08.100E(1) established a recycled product purchasing policy and related price preference for products which contain recycled materials or are reusable or recyclable; and WHEREAS, it is in the public interest to formalize existing waste diversion practices within the City organization and provide additional guidance to City departments regarding the implementation of the existing recycled product purchasing policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The City of Morro Bay Waste Diversion Policy, attached hereto as Exhibit A and incorporated herein by reference is hereby approved. 0 REsoLu-rioN NO. 08-94 PAGE 2 . 2. The City of Morro Bay Recycled Products Purchasing Policy, attached hereto as Exhibit B and incorporated herein by reference, is hereby approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of March, 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: � �U BRIDGE17 DAVIS, City Clerk MCU/i.C:FAB:08-94 0 E)GHBIT A • CITY OF MORRO BAY WASTE DIVERSION POLICY It is the policy of the City of Morro Bay for all departments and divisions to divert and reduce waste to the greatest extent possible in all aspects of City operations. This policy formalizes existing practices and establishes an internal structure to help achieve this goal. 1. All City employees in all departments and divisions shall make waste diversion and reduction a routine part of their respective jobs whenever feasible to the extent it does not adversely affect health, safety, or operational efficiency and effectiveness as determined by each department. This includes but is not limited to full participation in and support for the City's new expanded curbside recycling program implemented by Rock Solid Recycling on January 3, 1994. Employees not residing in Morro Bay may bring recyclables from their homes to recycle through the City's curbside recycling program. Recommended waste reduction strategies include but are not limited to the following: • Double -sided copying whenever feasible. • Eliminate duplicate subscriptions and duplicate incoming and outgoing mail whenever feasible. • Consolidate orders and order in bulk whenever feasible, especially with regard to office supplies. • Use durable containers for coffee and other drinks at the workplace whenever feasible instead of disposable or recyclable containers. • Purchase and use reusable/refillable products whenever feasible instead of disposable products. • Computer networking and "paperless" offices when feasible. 2. A City-wide waste diversion and reduction coordination function is hereby established. This function is initially assigned to the Department of Public Works, which manages the Curbside Recycling Franchise Agreement and represents the City regarding solid waste management issues at the regional level. The Finance Department and the Recreation and Parks Department are directed to provide support to this function as needed. The City Administrator may re -assign this function in the future. 3. Each department shall appoint a departmental waste diversion coordinator to assure maximum participation in the City's curbside recycling program in the workplace, serve as liaison to the City-wide waste diversion coordinator and the City's curbside recycling contractor, and promote waste reduction strategies. 0 WASTE DIVERSION POLICY PAGE 2 • 4. A Waste Diversion Reduction Task Force is hereby established and shall be comprised of the above representatives and chaired by the City-wide waste diversion coordinator. The purpose of the Task Force is to encourage cost-effective waste diversion and reduction strategies, monitor the City's progress in this regard, identify and resolve related problems, and make recommendations as appropriate. 5. The City's waste diversion and reduction ethic and related policies and practices shall be included in the orientation of all new City employees. MCU/LC:FAB: WASDIV CJ 0 EXHIBIT B • CITY OF MORRO BAY RECYCLED PRODUCTS PURCHASING POLICY Pursuant to Morro Bay Municipal Code Section 3.08.100E(1), it is the policy of the City of Morro Bay to purchase products which are recyclable or reusable or contain recycled materials if the quality and fitness of such products are equal to unrecycled products, including a price preference not to exceed ten percent over the lowest price for quoted by suppliers of comparable unrecycled products. To continue its leadership role in diverting and reducing waste as well as closing the recycling loop by purchasing recycled products whenever technically and economically feasible, the City Council hereby establishes a new policy to provide additional guidance to City departments with regard to implementation of existing policy. 1. Each department shall make every reasonable effort to purchase and use recycled products or those with recycled content whenever feasible to the extent such use does not adversely affect health, safety, or operational efficiency and effectiveness as determined by each department, including but not limited to the items indicated on Attachment 1, attached hereto and incorporated by reference. The term "recycled products" shall be construed to mean products which contain recycled materials or are reusable or recyclable, provided, however, that recycled paper products must contain recycled materials. 2. Each department shall review purchasing specifications and contract requirements and where • feasible revise such specifications and contract requirements to encourage the use of recycled products. Each department shall consider where feasible the ability of products and/or their packaging to be reused, reconditioned, or recycled. Each department shall purchase where feasible products which minimize waste and toxic by-products in their manufacture, use, recycling, and disposal. Each department shall also purchase/lease where feasible capital equipment which is compatible with the use of products containing recycled materials. 3. The ten percent price preference allowed pursuant to existing policy may be granted only if the fitness and quality of recycled products are at least equal to unrecycled products as determined solely by the buying department. Product and price comparisons shall include life cycle cost considerations when applicable. 4. When recycled products are used, vendors shall make reasonable efforts to label such products to indicate they contain recycled materials. All departments shall use for their mast- head stationery, envelopes, and business cards, recycled paper that includes postconsumer recycled content and some indication they contain recycled material. Other recycled products used by the City shall also indicate they contain recycled material. 5. The City will cooperate to the greatest extent practicable with other local governments in an effort to develop a comprehensive, consistent and effective procurement effort intended to stimulate the market for recycled products, including cooperation with the proposed Regional Integrated Waste Management Authority when it is formed. 0 RECYCLED PRODUCTS PURCHASING POLICY PAGE 2 • 6. When the City acquires appropriate computer equipment and software, the Finance Department shall prepare and submit to the City Council an annual report summarizing the results of implementing this policy. This annual report shall include but not be limited to the City purchases by type during the preceding fiscal year, the quantity and cost of products containing recycled materials, experience with the performance of such products, and recommendations for the exclusion or addition of specific products pursuant to this policy. 7. All departments shall work cooperatively to further the purposes of this policy. The City's economic development activities shall strive to promote the markets for recycled material whenever feasible. MCU/LCFAB'.RCYPROD CJ 0 ATTACHMENT i i 11 • LIST OF RECYCLED PRODUCTS Plastic Carpet Construction Wall Covering Corrugated Drain Pipe Culverts Curbside Recycling Containers Dollies Fence Posts Fire Engine Cab Mats Garbage Can Liners Ice Scrapers Indoor/Outdoor Furniture Landfill Caps & Liners Locker Room Benches Lumber Pallets Parking Bumpers Plastic Bags Playground Equipment Refuse Carts Shower Dividers Speed Bumps Toilet Partitions Traction Mats Truck Bed Mats Urinal Screens Paper Business Cards Computer Paper Copier Paper Corrugated Boxes Cover Stock Envelopes Facial Tissue Legal Pads Letterhead Linerboard Loose Fill Packaging Mailing Tubes Napkins Newsprint Offset Padded Mail Bags Paper Towels Poster Board Toilet Tissue Typing Paper Rubber Dock Bumpers Floor Tiles Retread Tires Rubberized Asphalt Trailer Bumpers Wheel Chocks Other Materials Acoustic Ceiling Tiles Cellulose Fiber Insulation Compost Fly Ash/Concrete Mixtures Glassphalt Reflective Striping for Roads Re -refined Lubricating Oil Road Signs Roofing Shingles a_:GYI]SI11no) 2Kto � ' I' . RESOLUTION ANNOUNCING FINDINGS AND RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LOCAL COASTAL PLAN AND GENERAL PLAN ADDING THE WATER MANAGEMENT PLAN AS AN IMPLEMENTATION OF THE EXISTING GENERAL PLAN AND LOCAL COASTAL PLAN POLICIES AND PROGRAMS THE CITY COUNCIL City of Morro Bay, California WHEREAS, it is in the best interest of public health and welfare to ensure an adequate, safe and reliable long-term potable water supply; and WHEREAS, it is appropriate to provide said supply in accordance with the City's adopted General Plan and Local Coastal Plan Policies and Programs; and WHEREAS, in order to allow for an objective comparison of options for said supply it was deemed appropriate to cause the preparation of a draft Water Management Plan; and WHEREAS, a draft Water Management Plan has been prepared and submitted for public review and comment; and WHEREAS, a public outreach program, consisting of direct mailing of more than 9,500 notices and summaries, was performed in order to solicit maximum public participation in the decision -making process; and WHEREAS, the City Council of the City of Morro Bay, California, on the 28th of February, the 24th of January, 1994 and on the 13th of December, 1993, held duly -noticed Public Hearings and on the 3rd and the 17th of November held duly noticed Public Workshops jointly with the Planning Commission and the Water Advisory Board to consider the draft Water Management Plan; and WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 6th of December, 1993, held duly noticed Public Hearings to consider the proposed draft Water Management Plan and forwarded their recommendations to the City Council by adopting Planning Commission Resolution No. 03-93; and WHEREAS, the Water Advisory Board of the City of Morro Bay, California, on the 16th of November and the 8th of December, 1993, at its regularly scheduled meetings considered the draft Water Management Plan and forwarded this recommendation to the City Council as a result of said hearings; and WHEREAS, said Plan has complied with the City of Morro Bay objectives, criteria and is amendments for implementation of the California Environmental Quality Act (CEQA) in that the LCP amendments are exempt as the functional equivalent of an EIR for the purpose of CEQA; and WHEREAS, at said Public Hearings, after considering the staff report and the testimony of . all persons wishing to testify, the City Council made the following findings in establishing this resolution as the City of Morro Bays Water Management Plan :based on said public testimony and the Recommendations for a Water Management Plan as prepared by Boyle Engineering Corp., a consultant to the City: 1. That the Water Management Plan establishes some of the proposed options for providing adequate water supplies for the buildout of the City of Morro Bay; and 2. That the Water Management Plan implements and is consistent with the General Plan and Local Coastal Plan; and 3. That the Plan does not increase water extraction from ground water in the Morro and Chorro groundwater basins nor does it utilize surface waters in either the Morro or Chorro Creeks; and 4. That the Plan does not reduce water available to local agriculture in the vicinity of Morro Bay; and 5. That the Plan ensures an adequate water supply for coastal -dependent activities such as commercial fishing, oyster farming, fish and shellfish processing, recreational boating and fishing and industrial energy development; and 6. That the Plan ensures that wetland areas will not be affected; and 7. That the option of utilizing surface waters was considered and was determined to be potentially environmentally damaging, and in conjunction with the significant lack of long term storage facilities and the high cost per unit of treatment, is determined to not be a viable solution; and S. That the desalination facility is a necessary facility within the water supply system for the City of Morro Bay and is of beneficial use to the users of both the Morro and Chorro Basins, and as such needs to be permitted by all appropriate Federal, State and Local agencies for permanent operation; and 9. That upon adoption of this resolution by the City Council of the City of Morro Bay, City staff will diligently pursue proper permitting within the California Coastal Commission and the Regional Water Quality Control Board for operation of the facility and sea water wells and the discharge of brine waste through the desalination discharge line; and 10. That irregardless of the population estimates prepared by Boyle Engineering in their recommendations to the City, the City Council of the City of Morro Bay is committed to carry out the mandates of Measure F: and 11. That on December 17, 1991 the voters within the City of Morro Bay approved • Measure G by a vote of 59.4% to 40.3% and Measure G has been described as a mandatory commitment to the State Water Project; and 12. That solely because of this mandate, the City continues to participate in the State • Water Project, and more specifically the Central Coast Water Authority and local transmission and associated pipelines; and 13. That the City is committed to providing the highest quality and most economical long term water resource to the consumers; and 14. That the use and conservation of ground water is the least expensive source of water the City has available and will be utilized to the maximum extent within the City's water rights; and 15. That the implementation of Option 2B-State Water as described in the Recommendations for a Water Management Plan in conjunctive use with groundwater and routine replacement desalination water is the mandated option as the long term water resource for the City and conforms to the desires of the community as shown by passage of Measure G. 16. That should the City be relieved of the mandate to deliver State Water to the consumers through a subsequent vote of the people and the City's contractual commitments to the County and the Central Coast Water Authority can be economically relieved, this City Council's preferred option for a long term water supply is quality conservation and reclamation of ground water and wastewater, respectively, with the use of desalination water as routine replacement and supplemental resource only. This option is the most affordable for the rate payers of the City. 6 ,d _, NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the above recitations are true and correct and constitute the findings of the City Council on this matter and that the City Council does hereby adopt Amendment GPA/LCP 02-93, Water Management Plan in order to implement provisions of the existing General Plan and Local Coastal plan policies and programs. The following programs will be implemented or continued in that State Water is mandated by the people: 1. The City shall continue its participation in the State Water Project, in particular, Coastal Branch Aqueduct and local facilities. 2. The City Shall continue the use of groundwater within the limits of the City's water rights and promote the continued conservation of all water use through existing and new programs. 3. The City should apply and obtain permits to allow operation of the existing desalination facilities as a source of routine replacement water. With the high energy consumption of desalination, it is expected that the facilities will be operated intermittently once State Water is available. The main purpose of the facilities will be to make up for shortfalls in State Water and/or groundwater during critical droughts and continuous blending for to meet city initiated water quality standards to be established by the City Council. The permits should allow use of the plant at the discretion of the City, so that it can utilize all of its water supply options without declaring a water . emergency. 5. Once permits are obtained, and before State Water is available, the City should begin operation of the desalination plant, to verify its performance and to allow groundwater basins to . recover. 6. The City should monitor groundwater levels and quality. Once groundwater basins have partially recovered, sea water desalination can be used discreetly until again required by drought or water quality management. 7. The City should continue with voluntary water conservation unless average annual personal water use exceeds 130 gpcd, at which time an extensive consumer education program shall be implemented and if unsuccessful, more stringent measures should be adopted. 8. After State Water is available, the City should conjunctively use State Water, groundwater, and routine replacement desalination water to meet its demands in an economical manner without causing adverse levels of sea water intrusion or exceeding minimum water quality criteria as defined by the State or a subsequent action by the City. 9. A replacement well or wells for Well No. 8 should be constructed, far enough from Chorro Creek that the pumped water will not be under the influence of surface water. 10. The City shall take all the necessary steps to obtain the City's rights to its groundwater within the Morro and Chorro Basins. The City's outstanding applications with the SWRCB, Division of Water Rights have requested a total of 1723 af. 0 11, The City shall consider construction of a blending system to uniformly blend its water r supplies within the City. Blending will greatly improve water quality, and will increase flexibility in which groundwater wells are pumped. Blending will also help the City meet stringent new water quality regulations currently being promulgated at the State and Federal levels. 12. Even with delivery State Water, use of reclaimed water is this City Council's second highest priority and remains a productive source of potential conservation and, as a result, should be pursued when funded by a potential user, required as part of a wastewater plant upgrade or permit condition or when it is shown as cost effective for City use . 13. If a permit is not received for normal operation of the desalination plant, the City should consider whether to continue to participate in the Nacimiento Water Supply Project, as that project moves into the Phase 4, preliminary design and environmental. AND BE IT FURTHER RESOLVED, if the City is relieved of its mandate to participate in State Water by the voters, then the following programs would be pursued: 1. Immediate creation of voluntary retrofit throughout the entire City and paid for through water rates. 2. A massive advertising campaign to further encourage water conservation. 0 3. City subsidies to increase the use of gray water for irrigation within the limits of the criteria as set forth by State Health. Should those limits make greywater use impractical within the . City, staff is directed to pursue the necessary legislative option at the State level to set reasonable standards and limits on greywater use. 4. Upgrade a portion of the waste water effluent (100-200 af) to tertiary treatment and build pipelines to distribute to schools, parks and or farms for irrigation. All available options should be investigated as possible sources for water reclamation. 5. Maintain the desalination facilities as a routine replacement source of water, to provide for unforeseen peaking and for emergency drought use. 6. The City should maintain voluntary water conservation unless personal water use exceeds 130 gpcd. If the 130 gpcd is exceeded, more stringent measures should be adopted. 7. The City will develop appropriate levels of water conservation needed based on water availability and quality. 8. A replacement well or wells for Well No. 8 should be constructed, far enough from Chorro Creek that the pumped water will not be under the influence of surface water. 9. The City will continue to participate in Phase II, design and environmental review of the Lake Nacimiento project. If, through participation of other local communities such as Los Osos, it is determined to be cost effective, then participation through the construction phase of this project should be considered by the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 28th day of February, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, and Yates NOES: Unger ABSENT: None ABSTAIN: None SUSAN MULLEN,Nice Mayor ATTEST: • BRIDGE, vT DAVIS, City Clerk 07-94m.do Attachment A • WATER MANAGEMENT PLAN CITY OF MORRO BAY FEBRUARY 1994 Determining the long term water source for the City of Morro Bay has been a topic of Debate for many years. Numerous consultant reports, project investigations and voter initiatives have not been able to forge a water policy. With the completion of the Analysis and Recommendations for a Water Management Plan for the City of Morro Bay as prepared by Boyle Engineering Corporation and with the passage of Measure G which mandates the use of State Water through the Coastal Aqueduct as an imported source of water, the City is now able to formulate the City's long term water management plant. The Plan is set forth below. The following programs will be implemented and/or continued in that State Water usage has been mandated by the people: 1. The City will develop appropriate levels of water conservation needed based on water availability and quality. • 2. The City should continue with voluntary water conservation unless average 14W annual personal water use exceeds 130 gpcd, at which time an extensive consumer education program shall be implemented and if unsuccessful, more stringent measures shall be adopted. 3. The City shall continue the use of groundwater within the limits of the City's water rights and promote the continued conservation of all water use through existing programs and promote additional methods of conservation to the benefit of the consumers. 4. The City shall take all the necessary steps to obtain the City's rights to its groundwater within the Morro and Chorro Basins. The City's outstanding applications with the SWRCB, Division of Water Rights requested a total of 1723 AF, 5. Even with delivery of State Water, use of reclaimed water is the City's second highest priority and remains a productive source of potential conservation for both large and small scale projects, respectively, and as a result, should be pursued when funded by a potential user, required as part of a wastewater plant upgrade or permit condition or when it is shown as cost effective for City use. Staff is further directed to pursue small scale projects as both internal and external funding sources are made available. 6. The City shall continue its participation in the State Water Project, in • particular, the Coastal Branch Aqueduct and local facilities. 1 Attachment A . 7. The City shall apply for and obtain permits to allow operation of the existing desalination facilities as a source of routine replacement water. With the high energy consumption of desalination, it is expected that the facilities will be operated intermittently once State Water is available. The main purpose of the facilities will be to make up for shortfalls in State Water and/or groundwater during droughts and blending to meet the City Council's established water quality standards. the permits should allow use of the facilities at the discretion of the City, so that the City can utilize all of its water supply options without declaring a water emergency. 8. Once permits are obtained, and before State Water is available, the City should begin operation of the desalination facilities, to verify its performance and to allow groundwater basins to achieve the minimum water quality standards established by the City Council. Due to a settlement agreement between the City and the Cayucos Sanitary District, no discharge of brine waste from the desalination facilities into the jointly owned outfall shall occur. 9. The City should monitor groundwater levels and quality. Once groundwater quality meets or exceeds the City's established minimum water quality standards for a continuous period of not less than four consecutive months then sea water desalination can be used as routine replacement, required to offset drought conditions or to again meet minimum water quality standards. 10. When State Water becomes available, the City shall conjunctively use State VAW Water, groundwater, and routine replacement desalination water to meet its demands in an economical manner without causing adverse levels of sea water intrusion or exceeding minimum water quality criteria as defined by the State or a subsequent action by the City. u 11. A replacement well or wells for Well No. 8 should be constructed, far enough from Chorro Creek that the pumped water will not be under the influence of surface water. 12. The City shall consider construction of a blending system to uniformly blend its water supplies within the City. Blending will greatly improve water quality, and will increase flexibility in which groundwater wells are pumped. Blending will also help the City meet stringent new water quality regulations currently being promulgated at the State and Federal levels. 13. If a permit is not received for operation of the desalination facilities as a routine replacement water source, the City should consider whether to continue to participate in Nacimiento Water Supply Project, as that project moves into the Phase 4, preliminary design and environmental review. 2 Attachment A • Should the City be relieved of its mandate to participate in State Water by a 40 subsequent vote of the people, then the following programs would be pursued: 1. Immediate creation of a voluntary retrofit program throughout the entire City promoted and paid for the City, since Conservation is the City's number one priority. 2. The City shall continue the use of groundwater within the limits of the City's water rights and promote the continued conservation of all water use through existing programs and promote through a massive advertising campaign to encourage additional methods of conservation. 3. The City should continue with voluntary water conservation unless average annual personal water use exceeds 130 gpcd, at which time an extensive consumer education program shall be implemented and if unsuccessful, more stringent measures shall be adopted. 4. The City shall take all the necessary steps to obtain the City's rights to its groundwater within the Morro and Chorro Basins. The City's outstanding applications with the SWRCB, Division of Water Rights requested a total of 1723 AF. 5. A replacement well or wells for Well No. 8 should be constructed, far enough from Chorro Creek that the pumped water will not be under the influence of surface • water. 6. The City shall consider construction of a blending system to uniformly blend its water supplies within the City. Blending will greatly improve water quality, and will increase flexibility in which groundwater wells are pumped. Blending will also help the City meet stringent new water quality regulations currently being promulgated at the State and Federal levels. • 7. The City shall establish incentives to increase the use of greywater for irrigation within he limits of the criteria as set forth by State Health. Should those limits make greywater use impractical within the City, staff is directed to pursue the necessary legislative option at the State level to set reasonable standards and limits on greywater use. 8. Upgrade a portion of the wastewater effluent (100-200 AF) to tertiary treatment and build pipelines to distribute to schools, parks and or farms for irrigation. All available options should be investigated as possible sources for water reclamation. 9. The City shall apply for and obtain permits to allow operation of the existing desalination facilities as a source of routine replacement water. With the high energy consumption of desalination, it is expected that the facilities will be operated intermittently. The main purpose of the facilities will be to make up for shortfalls in groundwater during droughts and blending to meet the City Councils' established water quality standards. The 3 Attachment A permits should allow use of the facilities at the discretion of the City, so that the City can . utilize all of its water supply options without declaring a water emergency. 10. The City will continue to participate in Phase 4 design and environmental review of the Lake Nacimiento project. If it is determined to be cost effective, then participation through the construction phase of this project should be considered by the City. THIS WATER MANAGEMENT PLAN WAS ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 28th day of February, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, and Yates NOES: Unger ABSENT: None ABSTAIN: None SUSAN MULLEN, Vice Mayor ATTEST: BRIDGET DAVIS, City Clerk SC/LC:C:CITYWMP 0 4 RESOLUTION NO. 06-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, SUPPORTING THE NAMING OF THAT PORTION OF STATE HIGHWAY 41 BETWEEN ROUTE 101 AND ROUTE 1 "THE E.G. LEWIS HIGHWAY" T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State of California, Division of Highways, issued a publication entitled, "Scenic Highway Corridor Survey" pertaining to Highway 41 between Route 101 in Atascadero and Route 1 at Morro Bay; and WHEREAS, the following is an excerpt from the above referenced publication: " ..this highway was built as the result of a single man conceiving the idea... If any one man could ever take credit for creating a highway ... then it would be Mr. E.G. Lewis... This was his highway, his idea, his alignment, his financing; he made it happen"; and WHEREAS, the State has recently set a precedent in San Luis Obispo County of naming a portion of a highway after an individual, to wit, "The Eric Seastrand Highway", for that portion of Highway 46 between Route 101 and Route 1. • NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay, that it is in full agreement with the State's comments concerning this portion of Highway 41; and BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay does hereby find it eminently and entirely appropriate that the portion of Highway 41 between Routes 101 and I be named, "The E.G. Lewis Highway". AND BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay does hereby respectfully petition the State of California to adopt this highway designation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of January, 1994 on the following vote: AYES: Crotzer, NOES: None ABSENT: None Luna, Mullen, Unger, and Yates ATTEST: • BRIDGETT AVIS, City Clerk • RESOLUTION NO. 04-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 1993 ANNUAL WATER REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR FISCAL YEAR 1994-1995 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code, calls for the City Council of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the Community Development Director after review by the City of Morro Bay Planning Commission and Water Advisory Board; and WHEREAS, Ordinance Number 266, also know as Measure "F", and adopted by the voters in 1984, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed within that limit; and WHEREAS, on the 12th day of January, 1994 the Water Advisory Board reviewed the report and made its recommendation, and the on the �8th day of January, 1994 the Planning Commission held a duly noticed ublic hearing and following its review of the report made its recommendations to the City Council; and WHEREAS, on the 24th day of January, 1994 the City Council did hold duly noticed PUBLIC HEARING on the 1993 Annual Water Report and the proposed 1994-1995 fiscal year Water Allocation Program. 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 receives and accepts the 1993 Annual Water Report as submitted by Community Development Director and the Public Works Director and incorporated herein as if attached hereto; and 2. A Water Allocation Program for the 1994-1995 fiscal year is hereby adopted by the City Council of the City of Morro Bay containing the following elements: a. The mix of residential dwelling units to be allocated during the fiscal year 1994-1995 shall be 35 single family residences and 35 multi -family units for a total of 70 dwelling units in accordance with Measure F; and • City Council Resolution No. 04-94 • Page Two b. An additional 10 percent or seven (7) units, with 3 additional single family and 4 additional multi -family units to be allocated during 1994-1995 fiscal year as provided in Measure F bringing the total single family allocation to 38 units and the total multi -family allocation to 39 units; and C. Commercial and industrial allocations of up to 130 percent of the residential allotment shall be made available during 1994-1995 fiscal year in accordance with Measure F; and d. Continue diligent efforts to develop supplemental and replacement water resources and reviewing and adopting the Water Management Plan identifying the future water sources. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 24 day of January, 1994 by the following vote: AYES: Crotzer, Luna, Mullen, and Yates OkOES: Unger ABSENT: None ATTEST: BRIDGET DAVIS, City Clerk 0 • RESOLUTION NO. 03-94 RESOLUTION OPPOSING UNITED STATES NAVY PROPOSED SHOCK TESTING OPERATIONS SEAWARD OF THE CHANNEL ISLANDS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the United States Navy has applied for an exemption from the Marine Mammal Protection Act governing the taking of marine mammals incidental to the underwater detonation of conventional explosives in the offshore waters of the Outer Sea Test Range off Pt. Mugu, Ventura County, seaward of the Channel Islands, and; WHEREAS, this application for exemption covers a five year period during which the Navy would be conducting underwater shock tests by exploding underwater charges and measuring responses of the target vessels or models, and; WHEREAS, the project is expected to have a potential impact of physical injury and acoustic harassment on 4 species of pinnipeds and 17 species of cetaceans, and is located in the path of the gray whale migration route; WHEREAS, and the Navy's proposed aerial monitoring is inadequate • to protect marine mammals which spend a majority of time underwater. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City goes on record as opposing the granting of an exemption from the Marine Mammal Protection Act to the Navy for the taking of marine mammals incidental to the conduction of underwater detonation of conventional explosives in the offshore waters of the Outer Sea Test Range off Pt. Mugu, Ventura County, seaward of the Channel Islands due to the negative impact on the marine mammals and the local marine environment and the lack of adequate mitigation provided in the application for exemption. PASSED AND ADOPTED by the City at a regular meeting held thereof on the following vote: Council of the City of Morro Bay the 24th day of January, 1994, by AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None 4 . RESOLUTION NO. 02-94 A RESOLUTION ESTABLISHING THE NUMBER OF MEMBERS AND COMPOSITION OF THE MORRO BAY MUNICIPAL CODE AD -HOC COMMITTE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by unanimous minute motion on 09 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; 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 that the attached by-laws are included herein by reference. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the loth day of January, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None ABSENT: None ATTEST: BRIDGETTODAVIS, City Clerk RESOLUTION NO. Ot-94 W tF.SGLUwTON GRANTING A CFRTT FTC TE OF PUP !C, CONVENIENCE AND NHLESSITu THE CITY COUNCIL, City of Morro Bay, California W4nREA.S, the C:t. C;ounc_1 fir:ds that CMS Tram porLation Se]v_ues has made appl;_cation for a cerrificate of pubs9 co vclience and necessity; and WM REAS, Korro Bay Fu i.cin,l ae Chanter _., 8 autno lws the City Conncil to grant a certificate of public convenience and, necessily under appropriate tindin1s; .and W iEREAS, the City ours _ nas Jetermined that Oms Transportation Services has nhe r'equ;sit nack1round, .iperience and !'ina_cia1 re,i,,;r_sl-.y_itj, to condaur.tk a. t-ta-icob sevice; and WHEREAS, the e C i y Poun< n finds that a taxi cab service is _r_e e. :k.rti aid wi - provide a benefit t.c: the public; NOW THEREFORE, BE IT RESOLVED by the City Council of the Citl cf Morro wy that CMq Tr xr,sport tion Services be granted a cert+.ficate of public oonvonience anal. necessity I:o op,rate a taxi, cab service in the City of Morro Bap. PASSED, APPROVED, AND ADOPTED by t"Ke City Council of the City of Morro Pay a, a re€_�ular m e+ino meld-Mereof this ..Oth. day of Jan_aarv, 1994 b;- ,the fol..;..owing vote; A` Sc Crotzer, Luna, Mullen, Unger, and Yates NOES: None APSE'. T None '___ _ ws� F. ID4 De; TT Clerk 0