HomeMy WebLinkAboutResolution 78-95 to 134-95• RESOLUTIONS
1995
NO. TITLE ADOPTED
78-95 Confirming the Report of City Staff
Regarding Weed Abatement Procedures
And Making Assessments 07-10-95
79-95
VOID
80-95
VOID
81-95
Authorizing the Mayor to Execute the
Third Amendment to Contract No. 91-102-038;
$2,000,000 Loan with the Department of
•
Boating & Waterways 07-10-95
82-95
Relating to the Classification, Compensation,
And Terms of Employment of Miscellaneous
Employees of the City of Morro Bay 07-10-95
83-95 Relating to the Classification, Compensation,
And Terms of Employment of Confidential
Employees of the City of Morro Bay 07-10-95
84-95 Relating to the Classification, Compensation,
And Terms of Employment of Police
Employees of the City of Morro Bay 07-10-95
85-95 Relating to the Classification, Compensation,
And Terms of Employment of Management
Employees of the City of Morro Bay 07-10-95
E
• RESOLUTIONS
1995
NO. TITLE ADOPTED
86-95 Confirming Diagram Boundaries and Levying
An Assessment for the Bayshore Bluffs Park
Maintenance Assessment District 07-10-95
87-95 VOID
88-95 Approving a Request by Morro Bay Garbage
Service for a Rate Increase and Decreasing
The Solid Waste Franchise Fee 07-10-95 .
89-95 Approving Funding for Exterior Design
• Scheme of Two New Dial -A -Ride Vehicles 08-14-95
90-95 Establishing the Recreation Cost Recovery
Categories for Fiscal Year 1995/96 07-24-95
91-95 Supporting the "Weather 3" Project 07-24-95
92-95 Approving Lease for Lease Site 62/62W
Between the City and Bruce & Kathy Lewis 07-24-95
93-95 Petitioning CalTrans for Highway 1
Pedestrian Crossing in the Area Bounded
By Highway 41 and Yerba Buena Street 07-24-95
94-95 Approving Inter -Fund Transfers to Finance
The Energy Retrofit Program 08-14-95
95-95 Recognizing the California Gold Discovery
To Statehood Sesquicentennial 08-14-95
• RESOLUTIONS
1995
NO. TITLE ADOPTED
96-95 Relating to the Classification, Compensation,
And Terms of Employment of Fire Fighter
Employees of the City of Morro Bay 08-14-95
97-95 Authorizing the City Administrator to
Execute and Submit Tax Compliance
Questionnaires for Proposition 116 Grants
For Twin Bridges Bike Lanes and South
Bay Boulevard Bike Lanes 08-14-95
98-95 Accepting an Offer of Easement Dedication
• From the Cypress Plaza Shopping Center
For Waterline Purposes 08-28-95
99-95 Accepting the Off- and On -Site Public
Improvements to the Cypress Shopping
Center Consisting of Parcels 1- 6 of
Parcel Map 92-073 Filed August 18, 1993
In Book 50 of Parcel Maps at Page 35 08-28-95
100-95 Certifying the Final Environmental Impact
Report for the Twin Bridges Replacement
Project 08-28-95
101-95 Announcing Findings and Approval of
Amendments to the Land Use Map of the
General Plan, and Local Coastal Plan 08-28-95
102-95 Approving an Agreement Between the City
And Pacific Gas and Electric Company
. Regarding Desalination Facility Discharge 08-28-95
• RESOLUTIONS
1995
NO. TITLE ADOPTED
103-95 Establishing Economic Hardship Criteria
And a Program for Water Rate Adjustments 08-28-95
104-95 Approving the Designation "Old Town' for
Downtown Morro Bay 08-28-05
105-95 Reaffirming and Establishing Specific Council
Policy and Protocol Pertaining to the Efficient
And Orderly Conduct of City Business 09-11-95
106-95 Authorizing the City Administrator to
• Negotiate and Execute a Contract for the
Purchase of Financial Software 09-11-95
107-95 Endorsing the Application to the California
Department of Aging for Designation of
San Luis Obispo County as a Planning and
Service Area 09-11-95
108-95 Authorizing and Directing Designation of a
20-Minute On -Street Parking Limitation
Adjacent to 710 Morro Bay Blvd.; and the
Removal of Two Existing Restricted Parking
Spaces on Morro Bay Blvd. Adjacent to
City Park 09-25-95
109-95 Opposing the "Rental Assistance" Proposition
That would Pre-Emp Local Mobilehome Rent
Control 09-25-95
• RESOLUTIONS
1995
NO. TITLE ADOPTED
110-95 Authorizing the Mayor to Execute Grant
Contract #95-204-045 with the Department
Of Boating and Waterways for Engine
Re -Powering on Harbor Patrol Boat 09-25-95
111-95 Approving Public Area Use Permit for the
Cal Poly Crew Club Daily Practice and
Annual Regatta 09-25-95
112-95 Approving the Application for Land and
Water Conservation Funds for the Del Mar
• Hardcourt Project 09-25-95
113-95 Requesting a Grant from the Department of
Boating and Waterways for the Development
Of a Boat Pumpout/Dump Station Facility
At Tidelands Park 10-09-95
114-95 Supporting Participation in the Regional
Consortium Network 10-09-95
115-95 Amending City Council Resolution No. 09-94
And Authorizing Master Lease Agreement,
Signatories and Notice of Intent to be
Reimbursed 10-09-95
116-95 Amending the Operating Budget and Making
Additional Appropriations for Fiscal Year
1994-95 for the City of Morro Bay 10-09-95
n
u
• RESOLUTIONS
1995
NO. TITLE ADOPTED
117-95 Supporting the League of California Cities'
Resolution on Sales Tax Redistribution to
Increase the Amount Received by Cities
To 2% 10-09-95
118-95 Celebrating the 40`s Anniversary of the
Morro Bay Power Plant 10-09-95
119-95 Identifying and Prioritizing Transportation -
Related Capital Improvement Projects 10-09-95
• 120-95 Approving an Application for Funding for a
Water Reclamation Feasibility Study —
Business Retention and Expansion Impact
And the Execution of a Grant Agreement
From the Planning/Technical Assistance
Allocation of the State CDBG Program 10-09-95
121-95 Accepting Transfer of Eligible Applicant
Status from San Luis Obispo County for
Proposition 116 Twin Bridges Project 10-09-95
122-95 Authorizing the City Administrator to
Execute a Proposition 116 Fund Transfer
Agreement with the State of California
Department of Transportation for the
South Bay Boulevard Bike Lanes Grant 10-23-95
123-95 Authorizing Application for State Highway
Account Funding for South Bay Blvd.
• Raising/Widening Project 10-23-95
• RESOLUTIONS
1995
NO. TITLE ADOPTED
124-95 Approving Agreement with Addiction
Medicine Consultants, Inc. for Drug
And Alcohol Testing 10-23-95
125-95 Amending the Operating and Capital
Improvement Budget for FY 95-96
And Setting a Department Payment
Schedule for the Debt Owed by the
Harbor Fund to the General Fund 11-13-95
126-95 Approving Sublease for Portion of
• Lease Site 91-92/91 W-92W 11-27-95
127-95 Storm Drain Maintenance District No. 1
Establishment of Yearly Assessment
For Tract 1231 Lot Owners 11-27-95
128-95 VOID
129-95 Requesting the San Luis Obispo County
Board of Supervisors for Inclusion into
The Selection of the Method for Utilizing
Environmental Services on the Chorro
Valley Pipeline 11-27-95
130-95 Authorizing the City Administrator to
Execute a Proposition 116 Fund Transfer
Agreement with the State of California
Department of Transportation for the
Twin Bridges Bike Lanes Grant 12-11-95
is
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•
RESOLUTIONS
1995
NO. TITLE ADOPTED
131-95
132-95
133-95
134-95
Authorizing the City Administrator to
Execute a Contract for the Purchase of
Computer Hardware and Related Services
Authorizing the Mayor to Execute the First
Amendment to Grant Contract #95-204-045
12-11-95
With the Department of Boating and Waterways
For Engine Re -Powering on Harbor Patrol
Boat, and Amending the FY 95/96 budget to
Appropriate Grant Revenue 12-11-95
Approving Drug and Alcohol Testing Policy
For Employees with Commercial Driver's
Licenses
Amending the Fiscal Year 1995/96 Master
Fee Schedule
12-11-95
12-11-95
• RESOLUTION NO. 134-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
AMENDING THE FISCAL YEAR 1995-96 MASTER FEE SCHEDULE
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City Council has found that fees and charges for City services are in need of updating
from time to time to reflect changes in the cost of providing those services; and
WHEREAS, the City has reviewed its Business License Tax fee schedule and finds that the
proposed new tax category for Special Event Transient Vendors is needed and is appropriate; and
WHEREAS, the City Council last adopted and amended its Master Fee Schedule, by City Council
Resolution No 63-95, on June 26, 1995;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the
• Fiscal Year 1995-96 Master Fee Schedule is amended to include the Special Event Transient Vendor
business classification and tax rate schedule, as per attachment, and is effective December 11, 1995
and thereafter unless amended.
BE IT FURTHER RESOLVED, that the local organization which is sponsoring the event, shall
as part of its registration process, collect the Special Event Transient Vendor tax, in accordance with
the attached rate schedule, and remit it to the City Treasurer, or his designee, on or before the day
of the special event. In consideration for the collection and registration services rendered, the
sponsoring local organization shall retain 5% of the taxes collected, as a handling fee.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Mono Bay, on the
11 th day of December, 1995, by the following vote to wit:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ILLIAM YATES,
Mayor
01�1/
BRIDGETT BAUER, City Clerk
• Attachment to City Council Resolution No. 134-95
City of Morro Bay
Master Fee Schedule
Business License Rates
Effective December 11,1995
Type
Special Event Transient Vendor
day
• �:� ��� a
D�Ea 4, 1995
Fee
$15/event- one -day event
$20/event - two-day event
$25/event-three-day event
RESOLUTION NO. 133-95
RESOLUTION APPROVING DRUG AND ALCOHOL TESTING POLICY
FOR EMPLOYEES WITH COMMERCIAL DRIVER'S LICENSES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay realizes its employees are its most important
resources; and
WHEREAS, the City wishes to provide a safe working environment for City employees,
protect the safety of persons and property, provide the highest quality of public service, promote
efficiency and productivity, prevent loss of public confidence and damage to the City's reputation,
and encourage employees who are concerned about their alcohol and/or drug use to voluntarily
seek assistance; and
WHEREAS, the Federal Highway Administration regulations for Drug and Alcohol
testing are effective January 1, 1996.
• NOW, THEREFORE, the City Council of the city of Morro Bay does hereby adopt the
Drug and Alcohol Testing policy for F_mployees With Commercial Driver's Licenses attached
hereto and made a part hereof.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 11 th day of December 1995 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
'4Jounk�/
BRIDGETT B R, City Clerk
40
• DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES
WITH COMMERCIAL DRIVER'S LICENSES
DEFINITIONS:
Drug abuse is defined as:
1. The excessive use of lawfully obtained prescription drugs or over the counter drugs when
such use substantially impairs job performance, alters behavior and/or creates a risk to the
health and/or safety of the employee or others; and/or
2. The use of illegal drugs or controlled prescription drugs obtained unlawfully.
Alcohol abuse is defined as:
1. Using or possessing alcohol on the job.
2. Consuming alcohol within 4 hours of performing safety sensitive functions.
3. Employees who have an alcohol concentration of 0.02 or greater while performing safety
sensitive duties.
POLICY:
• The City, pursuant to the Federal Highway Administration regulations, effective January 1, 1996,
requires all individuals possessing commercial drivers' licenses who perform safety sensitive
functions be tested for drugs and alcohol under the following conditions:
I . Drug testing only for pre-employment/transfer into such a position;
2. Where there is a reasonable cause/suspicion that an employee has violated this policy;
3. After an accident involving a commercial vehicle, where there is a loss of life or where the
employee is cited for a moving traffic violation arising from the accident;
4. Upon an employee's return to duty after testing positive for drugs and/or alcohol;
5. Random testing;
6. Follow-up testing after it has been determined that an employee has tested positive for
alcohol or drug use.
If a test shows that the employee is under the influence of drugs or alcohol, the employee may be
eligible for treatment or rehabilitation. Positive test results may result in disciplinary action, up to
and including termination.
All affected employees shall be given a copy of this policy.
0
DRUG AND ALCOHOL TESTING •
POLICY REQUIREMENTS AND INFORMATION
FOR SUPERVISORS AND EMPLOYEES AFFECTED BY
THE FEDERAL HIGHWAY ADMINISTRATION REGULATIONS
EFFECTIVE JANUARY 1, 1996
This policy was developed pursuant to regulations enacted by the Federal Highway
Administration (49CFR, Part 382). The requirements and information should be fully understood
by all individuals that possess a commercial driver license. Questions should be referred to
supervisors, association representatives, or the Personnel Office for clarification.
F-I
40
TABLE OF CONTENTS
SECTION
PAGE
DEFINITIONS................................................................................................... I
WHO IS AFFECTED BY THIS POLICY?......................................................... 2
DISCIPLINE FOR WORK -RELATED PROBLEMS .......................................... 7
• CONFIDENTIALITY......................................................................................... 7
RECORDKEEPING............................................................................................ 7
FOLLOW-UP FOR POSITIVE TESTING.......................................................... 8
Substance Abuse Professional (SAP) Services .......................................... 8
SUPERVISORY PROCEDURES FOR DOCUMENTING REASONABLE
SUSPICION OF DRUG AND/OR ALCOHOL USE ............................... 8
SPECIMEN COLLECTION PROCEDURES.....................................................
9
DrugTesting............................................................................................
9
AlcoholTesting........................................................................................
I I
0
DEFINITIONS •
The following definitions shall apply for drug and alcohol testing of individuals with Commercial
Driver's Licenses:
Alcohol - Any beverage containing alcohol.
Breath Alcohol Technician (BAT) - An individual who instructs and assists individuals in the
alcohol testing process and operates an evidential breath testing device.
Commercial Drivers' License (CDL) - Class A, Class B, or Class C license for transporting
hazardous materials issued by the State of California, and which is categorized as a CDL under 49
C.F.R. Part 383.
Commercial Motor Vehicle (CMV) - Vehicles weighing over 26,001 Gross Vehicle Weight
Rating (GVWR), Department of Transportation (DOT) placarded vehicles under hazardous
material regulations or vehicles designed to transport 16 or more passengers, including drivers.
Drugs/Controlled Substances - Amphetamines, cocaine, marijuana, opiates and phencyclidine
(PCP).
Employee - Any employee of the City who is required to have a CDL and/or operates a
commercial motor vehicle (CMV). •
5 Panel Drug Test - Five categories of drugs established by the federal government which fall
under "controlled substances". They are amphetamines, cocaine, marijuana, opiates and
phencyclidine (PCP).
Medical Review Officer (MRO) - A licensed physician certified to review and interpret all drug
tests before they are reported to the Personnel Officer or designee.
Premises - Buildings, property, work areas, vehicles, parking lots and any place the employee
happens to be during the course and scope of City employment during working hours.
Pre -Placement - Conducted before applicants are hired or after an offer to hire, but before
actually performing safety -sensitive functions for the first time. Testing is also required when
employees transfer to a safety -sensitive position.
Prescription Drugs - Any drug or medication prescribed by licensed physician for a medical
condition.
• Reasonable Cause/Suspicion - The employer/supervisor believes that the actions, appearance,
speech, body odors or conduct of an on -duty employee are indicative of the use of drugs, alcohol
or other controlled substances.
Safty Sensitive Function - Any one of the on -duty functions set forth in 49 C.F.R. Section 395.2
(On -Duty Time, paragraphs (1) through (6)).
Safety Sensitive Personnel - Employees holding a Commercial Drivers' License and driving a
commercial vehicle, on a full-time, part-time or intermittent basis.
Substance Abuse Professional (SAP) - A licensed physician, licensed or certified psychologist,
social worker, employee assistance professional or an alcohol and drug abuse counselor certified
by the National Association of Alcohol and Drug Abuse Counselors Certification Commission
(NAACAC) with specific knowledge of and clinical experience in the diagnosis and treatment of
alcohol and drug -related disorders.
WHO IS AFFECT BY THIS POLICY?
All drivers will be tested if they possess a Commercial Drivers License (Class A, Class B, or
Commercial Class C) o drive one of the following vehicles:
• Vehicles of over 26,001 GVWR.
• Department of Transportation placarded vehicles under hazardous material
regulations.
• Vehicles designed to transport 16 or more passengers, including driver.
TESTING
Drug Testing
No employee shall report for duty or remain on duty requiring the performance of safety -sensitive
functions when the driver uses any controlled substance, except when the use is pursuant to the
instructions of a physician who has advised the employee that the substance does not adversely
affect the employee's ability to safely operate a commercial motor vehicle.
Drug testing is a two stage process. First, a screening test is performed. If it is positive for one
or more drugs, then a confirmation test is performed for each identified drug using gas
chromatography/mass spectrometry (GC/MS) analysis. The GC/MS confirmation ensures that
over-the-counter medications or preparations are not reported as positive results.
All urine specimens are analyzed for the following drugs.
Marijuana (THC Metabolite)
• 2
• Cocaine
• Amphetamines
• Opiates (including heroin)
• Phencyclidine (PCP)
For information on the Specimen Collection Procedure, individuals should refer to page 9.
Alcohol Testing
The following acts are prohibited:
• Having an alcohol concentration of 0.04 or greater, while on duty or upon
reporting for duty.
• Using or possessing alcohol while performing safety sensitive functions.
• Consuming alcohol within 4 hours before performing safety sensitive functions.
• Refusing to submit to an alcohol test.
• Using alcohol within eight (8) hours after an accident or until tested, whichever
occurs first.
11
Two breath tests are required to determine if a person has a prohibited alcohol concentration. A
screening test is conducted first using evidential breath testing devices (EBT) required and
approved by the Federal Highway Administration (FHWA). Any result less than 0.01 alcohol
concentration is considered a negative test. If the alcohol concentration is 0.02 or greater, a •
second or confirmation test is conducted.
For information on the Testing Procedure, individuals should refer to page 11.
Before a drug and/or alcohol test is administered, employees and/or job applicants will be asked
to sign a consent form authorizing the test.
Refusal to consent to druglalcohol testing will be considered a positive test. A job applicant for a
position involving performance of safety sensitive functions who refuses to consent to a drug test
will be denied employment with the City of Morro Bay. An employee's failure to submit to drug
and/or alcohol testing required by the City for any reason may result in disciplinary action, up to
and including termination.
Where there is a reasonable suspicion that the employee is then under the influence of alcohol or
drugs, the manager or supervisor shall arrange for the employee to be safely transported home
after testing. An employee shall not be permitted to transport him/herself.
The following will apply for all employees affected by random selection for drug and alcohol
testing covered by the Federal Highway Administration regulations.
1. The minimum number of drug tests conducted annually shall equal or exceed 50% of the
average number of employees for which testing is required.
2. Random alcohol tests shall equal or exceed 25% of the average number of employees for
which testing is required.
3. The City shall use a random selection process to select and request an employee to be
tested for the use of alcohol or drugs.
4. An employee shall submit to alcohol or drug testing when selected by the random
selection process used by the City. Failure to submit to testing will be treated as a positive
test.
Covered employees shall be assigned numbers. Under a computerized system, a random number
generating program will be loaded into a computer along with the names or identification numbers
for the covered employees. The computer will generate a list of employees to be tested for each
testing period.
To assure that the process is random, all covered employees, whether or not they have been
chosen for testing in the past, will be included in the pool of employees for each testing period.
• This will assure that the probability of any individual being selected each period is always the
same.
Once the list of test subjects is generated, employees shall not be informed that they have been
selected until they must report for testing.
Reasonable Cause/Suspicion
The possession, transportation, distribution, receipt, sale, purchase or arranging for the sale,
purchase or distribution of alcohol, including medicines containing alcohol (prescription or over-
the-counter), is prohibited while on duty, unless, with respect to medicine, the packaging seal is
unbroken.
The use, sale, distribution and/or manufacture of controlled substances while on duty is against
the law. The use of prescribed drugs is not in direct violation of the policy; however, the use or
prescribed use that may cause significant impairment, thus creating a safety hazard on the job, is in
direct violation of the policy.
Reasonable Cause/Suspicion means that the employer/supervisor believes that the actions,
appearance, speech, body odors or conduct of an on -duty employee are indicative of the use of
drugs, alcohol or other controlled substances. The City shall require an employee to be tested, •
upon reasonable cause, for the use of drugs and/or alcohol.
The behavior/conduct of the employee must be witnessed by a supervisor or City official who has
received training consisting of at least 1 hour for drugs and I hour for alcohol. The training
includes identification of actions, appearance or conduct which are indicative of the use of drugs
or alcohol. The supervisor/City official must directly observe and document the behavior.
Reasonable cause/suspicion may not be based upon hearsay.
The documentation of the employee's behavior/conduct shall be prepared and signed by the
witness(es) utilizing the Reasonable Suspicion Checklist within 24 hours of the observed behavior
or before the results of the test are released, whichever is earlier.
Drug and/or alcohol testing may be performed only if the observations are based on behavior
during, just before or after the work shift that the employee is required to be in compliance. An
employee may be directed to undergo a reasonable cause/suspicion alcohol test just before,
during, or just after the work shift.
If an alcohol test is not administered within two (2) hours following a reasonable cause/suspicion
determination, the supervisor shall document the reasons for the delay. If not administered within
eight (8) hours, the test shall not be conducted. The supervisor shall document the reasons why
the test could not be performed with eight (8) hours. •
An employee who has an alcohol concentration of 0.02 to 0.04 must be removed from performing
safety -sensitive duties for 24 hours. Another breath test shall be administered and the result must
be less than 0.02 before the employee will be permitted to return to work. If the employee has
greater than 0.04, the employee must be referred to a SAP.
Once a reasonable cause/suspicion determination is made, it is the responsibility of the
employer/supervisor to assure that the employee under suspicion is evaluated, and when
necessary, transported to a specimen collection site to provide a urine and/or breath sample.
Any driver tested for reasonable cause/suspicion will be denied commercial motor vehicle driving
privileges until test results are received. If test results are negative, the employee resumes regular
work duties.
An accident is defined as an incident involving a commercial motor vehicle in which there is a
fatality, serious injury, or the driver received a citation for a moving traffic violation, arising from
the accident.
•
• As soon as practicable after an accident, alcohol and drug tests shall be administered to every
surviving employee who receives a citation for the operation of the CMV or whose operation of
the vehicle cannot be ruled out by the supervisor as a contributing factor.
The following will be applied for all affected employees resulting from accidents, incidents or
related occurrences:
1. Post accident drug and alcohol tests must be given as soon as practicable during the eight
(8) hours following an accident/incident.
2. The employee must be readily available for the test or they will be deemed to have refused
the test.
3. The alcohol test should be administered as soon as possible. If not within two (2) hours,
the Supervisor must prepare and maintain a record stating why they were unable to
administer the test. If eight (8) hours have passed, the attempts should be discontinued.
The Supervisor must prepare and maintain record why they were unable to administer the
test.
4. If a drug test is not administered within 32 hours following the accident, the test shall not
be administered and the supervisor shall document the reasons the test could not be
performed in a timely manner.
5. Following an accident, the employee shall remain available for such testing, or may be
deemed to have refused to submit to testing. This does not require the delay of necessary
medical attention for injured people following an accident, nor prohibit the employee from
• leaving the scene to obtain assistance or necessary emergency medical care.
6. An employee subject to post -accident testing may not use alcohol within eight (8) hours
following the accident or before an alcohol test, whichever comes first.
Return -to -Duty
Employees who violate the City's policy and who are accepted into Return -to -Duty and Follow -
Up status must have a negative drug and/or alcohol test. Employees who return -to -duty are
subject to periodic follow-up testing.
Follow-up Testing
1. All employees identified by the Substance Abuse Professional (SAP) as needing assistance
will be subject to follow-up testing upon return -to -duty.
2. Employees will be subject to a minimum of six (6) unannounced tests over the 12 months
following return to work. The SAP can direct additional testing during this period or for
an additional period up to a maximum of 60 months from the date the employee returns to
duty.
3. The SAP can terminate the requirement for the follow-up testing in excess of the minimum
at any time, if the SAP determines that the testing is no longer necessary and is supported
by the employer.
9
4. Follow-up testing may include tests for other substances beyond the employee's initial •
positive test of alcohol and/or drug when the SAP has reason to suspect other drug or
alcohol use during the follow-up period.
DISCIPLINE FOR WORK -RELATED PROBLEMS
The City may impose disciplinary measures, up to and including termination, for policy violations
and work -related problems, separate and apart from violations of the drug and alcohol policy,
even if such rule violations or work -related problems result from drug and alcohol abuse.
CONFIDENTIALITY
Confidentiality is an essential element of this policy.
I. Any employee violating confidentiality shall be subject to discipline and may also be civilly
or criminally liable.
2. The results of any testing shall be used for employment purposes only.
3. All records pertaining to drug and alcohol testing of an employee shall be contained in a
separate confidential medical file that will be securely kept under the control of the
Personnel Officer or designee. It shall be separate from the employee's other personnel
records.
4. Without the employee's consent, test results may be disclosed only to City management •
and only on a strictly need -to -know basis.
5. The employee may request the results of the tests.
6. The City may disclose test results without the employee's consent only when:
a. All information is compelled by law or by judicial or administrative process;
b. The information has been placed at issue by the employee in a formal dispute
between the employee and the City;
C. The information is necessary to administer an employee benefit plan; or,
d. The information is needed by medical personnel for the diagnosis or treatment of
the patient who is unable to authorize disclosure.
7. Any positive test results determined by a second test to be negative shall be removed from
the employee's file and destroyed.
RECORDKEEPING
The Personnel Officer or designee will retain the records as follows:
RECORD RETENTION PERIOD
Results of an employee's alcohol test which indicates 5 years
concentration level of .02 or higher
• Result of an employee's drug test which is positive 5 years
Documentation of any employee who refused to submit 5 years
to a required alcohoUdrug test.
Calibration documentation. 5 years
Employee assessments and referrals by substance abuse 5 years
Records documenting the collection process for alcohol 2 years
and drug test and training of supervisors.
Results of any alcohol test which is less than .02 1 year
Documentation of any negative or canceled drug test. I year
FOLLOW-UP FOR POSITIVE TESTING
Substance Abuse Professional (SAP) Services
Each affected employee who violates this policy must be evaluated to determine whether the
employee needs assistance resolving problems associated with drug and/or alcohol misuse, and if
necessary, a referral for further treatment. The City has no obligation to provide or pay for
treatment. This is the responsibility of employee which can usually be offset through employee's
medical insurance program.
• Before returning to duty, each employee identified as needing assistance must: (1) be evaluated
again by a SAP to determine whether the employee has successfully complied with the treatment
prescribed following the initial evaluation; (2) undergo a drug and/or alcohol test to satisfy
established acceptable results for return to duty; and (3) be subject to a minimum of six (6)
unannounced, follow-up drug and/or alcohol tests over the 12 months following return to work.
SUPERVISORY PROCEDURES FOR DOCUMENTING REASONABLE SUSPICION
OF DRUG AND/OR ALCOHOL USE
Background: Reasonable cause/suspicion means that an employer/supervisor believes that the
actions appearance, speech, body odors, or conduct of an on duty employee are indicative of the
use of drugs, alcohol or other controlled substances. The City shall require an employee to be
tested upon reasonable cause of the use of drugs or alcohol.
The supervisor must use the following process to validate the reasons for considering a drug
and/or alcohol test. All observed behaviors must be documented on the Observed Behavior -
Reasonable Suspicion Record. In all cases of reasonable cause/suspicion, the Personnel Officer or
designee must be contacted.
The supervisor should personally escort the employee to an office or other private area.
Another supervisor should be present as a witness.
8
The supervisor should state the definition of reasonable suspicion to the employee and
give the reasons the supervisor suspects drug and/or alcohol usage.
Using the Reasonable Suspicion Checklist, the supervisor will question the employee and
document information and behavior. The supervisor will complete the form and following
a conversation with the employee, makes a determination as to whether or not the
employee appears to have used drugs and/or alcohol during, just before or after the
workshift the employee is required to be in compliance.
If the employee does not appear to be under the influence of drugs, including prescription
drugs, and/or alcohol, the supervisor should release the employee to perform regular work
duties.
If the supervisor believes that the employee is under the influence of drugs and/or alcohol,
the supervisor notifies the Personnel Officer or designee, who will then refer the employee
to the approved drug and alcohol testing site.
If the employee refuses drug and/or alcohol testing, the Personnel Officer or designee
refers the employee to the Substance Abuse Professional.
If the employee consents to drug and/or alcohol testing, the supervisor personally escorts
the employee to the approved drug and alcohol testing site. Another supervisor should be
present.
At the collection site, the employee meets with the Collection Site Technician who will
conduct the testing process.
The supervisor remains at the collection site and after the collection process, transports
the employee back to the worksite.
If the alcohol test is below 0.02, the employee is returned to work with no corrective
The supervisor notifies the employee that, until the drug test results are completed, the
employee will be on leave with pay.
If it is believed that the employee is impaired, the supervisor makes arrangement to have
the employee taken home. If the employee refuses assistance, a witness should verify that
the employee refused assistance. If the employee cannot control his/her actions and leaves
without assistance, the supervisor must call the Police Department immediately to inform
them of the employee's condition and refusal for assistance. Give the Police Department
the employee's name and description of the vehicle including the license number.
SPECIMEN COLLECTION PROCEDURES
The employee arrives at the collection site.
If the employee does not arrive at the assigned time for testing, the Personnel Officer or
designee should be contacted for instructions.
The identity of the employee to be tested is verified by examining a photo identification or
by verifying with the employer's representative. If the identity cannot be established, the
• 4.
If the employee being tested requests it, the Collection Technician (CT) should present
his/her identification as well.
5.
Once the employee identification has been verified, the first portion of the chain of custody
requisition form should be completed.
6.
The CT requests that the employee remove unnecessary outer garments, such as a coat or
jacket, and relinquish any briefcase, purse, or similar item, along with the outer garments
for safekeeping during the collection process. The employee may retain his or her wallet.
If requested, a receipt for personal items will be provided.
7.
The CT instructs the employee to wash and dry his or her hands. Once this is done, the
employee must remain in the presence of the CT. He or she is not to be permitted access
to a fountain, faucet, soap dispenser, cleansing agent, or other materials that could be used
to adulterate the urine specimen.
8.
The CT provides the employee with a specimen bottle and allows him/her to provide the
specimen in the privacy of a stall or other partitioned and secured area.
9.
If the employee refuses to provide a specimen or otherwise fails to cooperate with the
process, the Personnel Officer or designee is notified and the refusal is documented on the
custody and control form.
10.
The CT will note any unusual behavior on the custody and control form. If the CT
suspects tampering or substitution, the CT will consult with the test site supervisor before
requesting a direct observation specimen collection.
11.
Upon receiving the specimen, the CT will make certain that the sample contains at least 60
• 12.
milliliters of urine.
In the case of post -accident or reasonable suspicion testing where the employee has
difficulty providing an adequate sample, the CT will request that he or she consume
reasonable quantities of fluids until he or she can provide a sufficient sample or, until 8
hours have passed from the beginning of the collection process. If the 8 hours have
expired without an acceptable sample, the CT will request guidance from the Medical
Review Officer (MRO).
13.
In the case of pre -employment or random testing where the individual has difficulty
providing an adequate sample, the City will consult with the employer who may elect to:
(a) Proceed as in the case of post -accident or reasonable suspicion testing, by having
the individual to consume fluids to stimulate urination, or
(b) Re -schedule the test for a later time.
14. If a second specimen is indicated, the CT makes certain a fresh container is used. The
original inadequate specimen is discarded.
15. Once an adequate sample is provided, the CT allows the individual to wash his or her
hands.
16. The CT tests the specimen for temperature within four (4) minutes of urination. The
acceptable range is 32.5 degrees - 37.7 degrees C (90 - 100 F). If the temperature is
outside this range, the individual may request to have his or her oral temperature taken to
counter any suspicion of tampering with or substitution of the specimen. The temperature
0 10
is noted in the appropriate space on the custody and control form. •
17. The CT inspects the sample for color and any sign of contamination or tampering. Any
unusual signs are noted on the custody and control form. In the case where tampering is
suspected, the collector will consult with a test site supervisor before collecting a second
specimen under the direct observation of a testing site person.
18. The CT keeps the specimen in view at all time prior to sealing and labeling. The specimen
also remains in view of the individual. In full view of the individual, the CT transfers the
collected specimen to the primary and to split specimen containers.
19. The CT inspects the collection area to ensure the specimen adulteration did not occur.
Any unusual findings will be noted on the chain of custody form. If adulteration of the
specimen did occur, the CT will contact the employer or the laboratory for instructions.
20. The date of collection is written on the peel -off labels located at the side of the requisition.
21. The CT peels off one label and places it on the lid of the collection container. The
remaining label is placed on the lid of the split specimen container.
22. The CT and individual complete the tamper -evident tape included in the collection kit.
The CT completes the individual ID, insures that it matches the identification number or
name on first portion of the chain of custody requisition, fills in the collection date and
signs the tape. The tamper -evident tape is placed on the container in such a manner that
both peel -off labels are covered.
23. The CT removes the "laboratory original' and "laboratory duplicate" copies of the chain
of custody requisition and places them in the outside pocket of the chain of custody bag.
24. The CT places the specimen into the tamper -evident pocket of the chain of custody bag •
and seals the specimen in the bag.
25. The individual initials the chain of custody bag in the appropriate locations to document
that the correct specimen is being sent to the laboratory. The CT signs and dates the same
seal.
26. The CT retains the "collector copy" of the chain of custody requisition and gives the
"donor copy" to the individual. The "company copy" of the chain of custody requisition
will be forwarded to the Personnel Officer or designee. The MRO copy will be sent to the
Medical Review Officer.
27. The sealed chain of custody bag remains in control of the CT or in a secured area within
the collection site until shipment to the laboratory.
28. When the test results are received by the MRO, a thorough review of documentation, test
results, and circumstances will be made before making a decision regarding an individual.
A final decision will be made and communicated to the individual within three days unless
there are extenuating circumstances. In all cases where alcohol or drug involvement is
confirmed, the employee will be referred to a SAP.
Alcohol Testing
I . The employee arrives at the testing site.
2. If the employee does not arrive at the assigned time for testing, the Personnel Officer or
designee should be contacted for instructions.
11
•
• 3.
The ID of the employee to be tested is verified by examining a photo ID or employer's
representative. If the ID cannot be established the process stops.
4.
If the employee being tested requests it, the Breath Alcohol Technician (BAT) should
present their ID.
5.
Once the employee's ID has been established, Step 1 will be completed on the U.S.
Department of Transportation Breath Alcohol Testing Form (DOT).
6.
The employee will complete Step 2 on the DOT form, signing the certification. If the
employee refuses to sign the certificate, it is regarded as a refusal to take the test.
7.
The employee and BAT shall read the sequential test number displayed on the Evidential
BreathAnalyzer Technician (EBT) for the test.
8.
The employee will open an individually sealed mouthpiece in view of the BAT and attach
it to the EBT according to instructions.
9.
The employee will blow forcefully into the mouthpiece for at least 6 seconds or until the
EBT indicates that an adequate amount of breath has been obtained.
10.
The BAT completes Step 3 of the DOT testing form.
11.
The employee will sign Step 4 of the DOT Test 1 stating that the information on the form
is accurate and that the employee must not perform safety -sensitive duties or operate
heavy equipment if the results are 0.02 or greater.
12.
If the test results are less than 0.020 on the screening test, a copy of the form will be
provided to the employee. One will be forwarded to the employer and one will be retained
by the BAT.
13.
If the test results are greater than 0.020, a confirmation test will be conducted as follows:
•
a. The BAT will explain that a confirmation test will be conducted.
b. The employee must stay in the room observed for a 15-minutes waiting period.
During this time, they may not eat, drink or put any object or substance into their
mouth.
C. The confirmation test will be conducted no less than 15 minutes after the screening
test but within 20 minutes of the completion of the screening test.
d. The confirmation test will be completed according to Steps 1-11 of this procedure.
e. If the test result of the confirmation test is different than the screening test, the
confirmation test will be considered the accurate results.
0 12
ACKNOWL.EDGMENTIRECEIPT FORM
Federal Highway Administration Commercial Driver License is
I hereby acknowledge that I have received a copy of the City's Drug and Alcohol Testing Policy
concerning drug and alcohol testing as required by the Federal Highway Administration (FHWA),
49 CFR Part 382 and DOT Procedures for Transportation Workplace Drug Testing Programs, 49
CFR Part 40.
I have read and understand the provisions outlined in the City's Drug and Alcohol Testing Policy
and agree to comply with all the requirements contained therein. I understand that disciplinary
action may be taken if I am found in violation of the policy.
Employee Signature
Date
Witness
wm»gpoi
F-IL
0
• RESOLUTION No. 132-95
AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO
GRANT CONTRACT # 95-204-045 WITH
THE DEPARTMENT OF BOATING AND WATERWAYS FOR
ENGINE RE -POWERING ON HARBOR PATROL BOATCF 2190 XC,
AND AMENDING THE FY95-96 BUDGET TO APPROPRIATE GRANT REVENUE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay and the Department of Boating and Waterways
entered into Contract # 95-204-045 for a $30,000 grant to re -power the City's 27' Radon patrol
boat, CF 2190 XC, on September 25, 1995; and
WHEREAS, this contract will expire March 15, 1996, and
WHEREAS, the re -power work on the 27' Radon will be completed by December 4,
1995 and the patrol boat will need to be put back in service for the winter months; and
WHEREAS, painting of the patrol boat will have to be postponed until the spring and
therefore the term of the grant contract must to be extended to complete all necessary work on
the patrol boat..
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the Mayor, William Yates, is hereby authorized to execute the First Amendment to
Contract #95-204-045 with the Department of Boating and Waterways extending the term of the
contract until September 14, 1996.
BE IT FURTHER RESOLVED that the FY95-96 budget is hereby amended to
authorize the appropriation of $30,000 ofDBW grant revenue in the Repair and Maintenance
Services account of the Harbor Fund.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 1 lth day of December 1995, by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
9
• RESOLUTION NO. 131-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONTRACT FOR THE
PURCHASE OF COMPUTER HARDWARE AND RELATED SERVICES
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City Council made an appropriation in the Fiscal Year 1995-96 Capital
Improvement Budget for the purpose of securing new financial software for the City's use; and
WHEREAS, the City Council finds that a Request For Proposals was let and that one (1) proposer
responded in a timely fashion; and
WHEREAS, the City Council finds that the procurement procedures followed were adequate to
insure a fair and open competition and to determine a fair price; and
WHEREAS, the City Council finds that Gemma Systems of San Clemente, California offers the
best combination of price and specialized services;
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the
City Administrator is authorized to enter into a purchase contract with Gemma Systems for the
purchase of computer hardware and specialized services.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the
11 th day of December, 1995, by the following vote to wit:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
BRIDGETT tAUER, City Clerk
• C:WILMWNCC
Oe¢m 1, im
RESOLUTION NO. 130-95
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A
PROPOSITION 116 FUND TRANSFER AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE TWIN BRIDGES
BIKE LANES GRANT
THE CITY COUNCIL,
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City of Morro Bay has previously applied for and received approval for a
Proposition 116 grant for the installation of hike lanes at Twin Bridges on South Bay Boulevard;
and
WHEREAS, the City desires to see completion of this project; and
WHEREAS, it is necessary and appropriate to execute a Fund Transfer Agreement with the
State of California Department of Transportation to provide for reimbursement of the City's
preliminary engineering costs for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay,
• California that the City Administrator is hereby authorized and directed to execute said Fund
Transfer Agreement on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on December 11, 1995 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
BRIDGE BAUER, City Clerk
Agreement No. PI 16B-3-27
Sheet 1 Of 3
• STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
FUND TRANSFER AGREEMENT
INITIAL DOCUMENT
COVERING ALLOCATIONS OF
❑ PASSENGER RAIL AND
CLEAN AIR BOND ACT OF 1990 (PROP.108), OR
IR CLEAN AIR AND TRANSPORTATION
IMPROVEMENT ACT OF 1990 (PROP.116) BOND FUNDS, OR
❑ TRANSIT CAPITAL IMPROVEMENT FUNDS
EFFECTIVE DATE OF AGREEMENT October 20. 1995
RECIPIENT CitLof Morro
TITLE OF COMPLETE PROJECT Twin Bridges Bikeway
PHASE OF PROJECT ZN OR COMPLETE PROJECT
• CTC ALLOCATION:
RESOLUTION NO. G-95-05 FISCAL YEAR 95/96
FUND AUTHORIZATIONS:
FUND SOURCE AMOUNT FISCAL YEAR LAST EXPENDITURE DATE
,troy. 116 S22.500* 95/96 October 20. 1997
TERMINATION DATE OF AGREEMENT October 20. 1998
This Agreement, entered into as of the date set forth above, is between
the recipient public entity identified above, hereinafter referred to as
RECIPIENT, and the STATE OF CALIFORNIA, acting by and through its
Business, Transportation and Housing Agency, Department of
Transportation, hereinafter referred to as STATE.
SECTION 1. RECIPIENT has applied to the California Transportation
Commission ("CTC") for funds derived under the identified STATE Fund
Source, to be allocated by CTC, for the purpose of the project named above
and further described in the "Project Description" (the Project) attached as
Attachment I to the Standard Provisions of Grant.
*This FTA is for project development work only, per CTC Resolution G-95-05.
Agreement No. P116B-3-27
Sheet 2 of 3
THE CTC has allocated funds for the Project, or a phase of •
the Project ("Project Phase"), in the CTC Resolution (the 'Resolution") identified
above and attached as Attachment II to the Standard Provisions of Grant and
made a part of this Agreement. RECIPIENT shall be bound to the terms and
conditions of the Resolution and all restrictions, rights, duties and obligations
established therein shall inure to the benefit of CTC and be subject to any
necessary enforcement action by CTC.
SECTION 3. STATE has prepared the "Standard Provisions of Grant,"
attached and made a part of this Agreement, which, together with this document
and all referenced attachments and addenda, sets forth the terms and conditions
under which said funds are to be expended.
SECTION 4. STATE and RECIPIENT have negotiated the 'Project
Description," which describes the entire Project to be constructed or acquired by
RECIPIENT. Separate Project Phase descriptions, if applicable, will describe the
tasks to be performed for each separate phase of the Project. Subsequent Project
Phase descriptions beyond the initial approved description, if any, will be added
to this Agreement by Amendment.
SECTION 5. STATE and RECIPIENT have negotiated and RECIPIENT
has submitted, at the time of RECIPIENT's request for allocation of funds, the •
Scope of Work," (attached as Attachment III to the Standard Provisions of Grant
and made a part of this Agreement), which sets forth the tasks and the estimated
State bond or TCI reimbursement including progress payments, if any, or the
amounts of progress payments to be made from TCI funds if authorized as part
of the Scope of Work. State funding limits and the drawdown schedule
established in each original or amended "Scope of Work" for every phase, initial
or subsequent, shall not be exceeded or modified without a subsequent
amendment and encumbrance of STATE funds.
SECTION 6. The completed and signed STATE fund certification on the
Scope of Work Approval document, Attachment IV to the Standard Provisions of
Grant, including any funding increases allocated to subsequent phases evidenced
by an amendment to Attachment IV with additional fund certifications,
evidences the limited commitment of STATE funding under this Agreement.
SECTION 7. Funding available to RECIPIENT under this Agreement will
terminate on the Termination Date first specified above, unless earlier
terminated upon written notice from STATE to RECIPIENT pursuant to Article
IV, Section 6 of the Standard Provisions of Grant or extended by amendment.
SECTION 8. This Agreement may be modified, altered or revised only
with the joint written consent of RECIPIENT and STATE. 0
Agreement No. P116B-3-27
Sheet 3 Of 3
SECTION-E. This Agreement may be modified, altered, or revised only
. with the joint written consent of RECIPIENT and STATE.
SECTION 9. RECIPIENT shall not award a construction contract over
$10,000 or other contracts (excluding professional services contracts) over
$25,000 on the basis of a noncompetitive negotiation for work to be performed
under this Agreement without the prior written approval of STATE.
SECTION -IQ. RECIPIENT shall conform to any and all environmental
obligations established in CTC Resolution G-91-2, attached as Attachment V
to the Standard Provisions of Grant, at the expense of RECIPIENT or the
responsible party and without further financial contribution or obligation of
STATE.
SECTION 11. RECIPIENT has executed this Fund Transfer Agreement
pursuant to the authorizing resolution, attached as Attachment VI to the
Standard Provisions of Grant.
SECTION 12. The grant administrators for the parties shall be for
STATE, the District Director of Transportation for the District in which the
Project is located, and for RECIPIENT, its General Manager or Executive
Director or Designee.
• IN WITNESS WHEREOF, the parties hereto have executed this
Agreement by their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION CITY OF MORRO BAY
FA
11
Jim Smith
Chief, Program Management Branch
Office of Local Programs
BY_�
Name & Title
Dave Howell, -City Administrator
Agreement No. P116B-3-27
Sheet 1 of 11
STANDARD PROVISIONS OF GRANT •
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
. FUND TRANSFER AGREEMENT
COVERING ALLOCATIONS OF STATE BOND FUNDS
(PROPOSITION 108 OR 116) AND
TRANSIT CAPITAL IMPROVEMENT FUNDS
RECIPIENT has agreed to accept the applicable provisions contained herein,
including all Attachments and Addenda (these "Provisions"), as a condition of its
acceptance of a grant from these sources. The State of California, acting through
the Department of Transportation, referred to herein as STATE, shall have the
administrative responsibilities described in these Provisions.
ARTICLE I. PROJECT DESCRIPTION
SECTION 1. RECIPIENT agrees to complete the Project, or the identified
Project Phase thereof, as described in the attached Project Description and Scope •
of Work for the identified Project or Project Phase. Reference hereinafter to the
Project shall also mean the Project Phase if appropriate.
SECTION 2. RECIPIENT agrees that if STATE funds prove insufficient to
complete the described Project and open it to revenue operation, that payment of
any additional amounts required shall be the sole responsibility of RECIPIENT.
RECIPIENT further agrees that it will secure and provide, without further
STATE assistance under this Fund Transfer Agreement process, such additional
resources as are necessary to pay these additional amounts and expeditiously
complete the Project.
ARTICLE II. SCOPE OF WORK
SECTION 1. RECIPIENT shall be responsible for complete performance
of the work described in the approved Scope of Work document for the Project
corresponding to that commitment of future State funds. All work shall be
accomplished in accordance with the applicable provisions of the Public Utilities
Code and the Streets and Highways Code. All architectural and engineering
work for Project shall be the sole responsibility of RECIPIENT and any oversight
review of Project plans, specifications and estimates by STATE shall not act to
transfer any responsibility or liability to STATE relative to STATE's participation
in that review process. 0
Agreement No. P11613-3-27
Sheet 2 of 11
SECTION 2. RECIPIENT acknowledges and agrees that RECIPIENT is
the sole control and manager of the proposed Project and its subsequent
employment for the benefit of the public. RECIPIENT shall be solely responsible
for complying with the funding and use restrictions established by the statutes
from which the funds are derived, the CTC, the State Treasurer, the Internal
Revenue Service, and the terms of this Agreement. RECIPIENT shall indemnify,
defend and hold harmless the STATE, the CTC and the State Treasurer relative
to any misuse by RECIPIENT of State funds, Project property or Project
generated income or other fiscal acts or omissions of RECIPIENT.
SECTION 3. A Schedule of Tasks and a drawdown schedule of Estimated
Progress Payments are included in the Scope of Work document. STATE need
not pay RECIPIENT a cumulative amount greater than the cumulative amount
identified in the Schedule for any time period, or any earlier, than the dates
authorized in the drawdown schedule of payments or the Quarterly Cash
Expenditure document, where applicable.
SECTION 4. The Scope of Work includes an estimated completion date or
dates for each of the Project Phases or items of work identified therein and
RECIPIENT shall conform to those completion dates.
ARTICLE III. PAYMENT
• SECTION 1. RECIPIENT agrees to contribute at least the statutorily
required local contribution (other than state or federal funds) toward the cost of
the Project, or the amount specified in the SB2800 (Streets and Highways Code
Section 164:53) commitment of future State funds, whichever is greater, from
funds available to it. RECIPIENT shall contribute its required amount of the cost
of the Project in accordance with a schedule of payments as shown in a Quarterly
Cash Expenditure Plan prepared by RECIPIENT as part of the Scope of Work
document.
SECTION 2. Not more frequently than once a month, but at least
quarterly, RECIPIENT will prepare and submit to STATE (directed to the
attention of the STATE Headquarters accounting office responsible for
administration of the Project for STATE) Progress Payment Vouchers consistent
with the Scope of Work document. Each such voucher will report the total
expenditures from all sources and will specify the percent of state
reimbursement requested and the fund source. The voucher should also
summarize STATE money requested by category (right of way, construction and
rolling stock) and be accompanied by a report describing the overall work
status and progress on tasks for the applicable Project. If applicable, the first
voucher shall also be accompanied by a report describing any tasks specified in
the Scope of Work document which were accomplished prior to the Effective
• date of this Agreement, for which costs are to be credited toward the required
local contribution described in Article III, Section 1 of these Provisions pursuant
Agreement No. P11613-3-27
Sheet 3 of 11
to an executed Agreement for Local Match Fund Credit between RECIPIENT •
and STATE.
SECTION 3. Should RECIPIENT have a valid Memorandum of
Understanding (MOU) for "Expedited Payment" on file with STATE
Department of Transportation, Headquarters Accounting office, RECIPIENT
will, not more frequently than as authorized by that MOU, prepare and submit
to STATE a Rail Bond Expedited Payment Invoice for rail bond reimbursements
consistent with that MOU and the Scope of Work document. The original
invoice copy shall be mailed or faxed to: Department of Transportation, Division
of Accounting, Attention: Bond Fiscal Managemeant Unit, P.O. Box 942874,
Sacramento, CA 94274-0001, (FAX #916-227-8787). As set forth in the MOU, all
appropriate supporting documentation and remaining invoice copies are to be
contemporaneously submitted to the appropriate Departmental Project
Administrator. A warrant for each invoice will be issued by the State Controllers
Office within 10 calendar days from receipt of an acceptable invoice. Invoices
will be approved for this expedited payment, provided they are not one-time
payments or final payments. One-time payments and final payments, eligible for
expedited pay, will have 10% of the invoice amount withheld pending approval
from the STATE's Project Administrator of all required documents submitted by
RECIPIENT. STATE TCI fund reimbursements cannot be invoiced under this
MOU process.
Final payment vouchers must be submitted not later than •
one month after the Last Expenditure Date noted on the face sheet of the Fund
Transfer Agreement. Reimbursement will be made only for work performed
after the Effective date of this agreement and prior to the Last Expenditure Date.
As used in this agreement, "Last Expenditure Date" refers to the last date for
RECIPIENT to expend any funds from any of the state funding sources
referenced on the face sheet of the Fund Transfer Agreement.
SECTION 5. Delivery by STATE of any funds provided pursuant to this
Agreement is contingent upon prior budget action by the legislature, fund
allocation by CTC, submittal by RECIPIENT and approval by STATE of all
documentation required by Government Code Section 14085 and, if bonds are
the fund source, subject to the sale of bonds by the State Treasurer. In the event
bond sales are delayed, canceled, or downsized or TCI grant funds are restricted,
limited or otherwise conditioned by acts of Congress, the CTC, the Legislature,
the Internal Revenue Service or the Federal Transit Authority, STATE shall not
be held liable for any resulting damage or penalty. In the event of any such
imposition of additional conditions, delay, cancellation or reduction in STATE
funding, RECIPIENT shall be excused from meeting the time and expenditure
schedule to the extent of such delay, cancellation or reduction and this
Agreement will be amended to reflect the necessary changes in scope or
scheduling of the Project. 0
Agreement No. P116B-3-27
Sheet 4 of 11
• SECTION 6. STATE reserves the right to terminate its funding for any
Project upon written notice to RECIPIENT in the event that RECIPIENT fails to
proceed with the work in accordance with the Scope of Work document, the
bonding requirements if applicable, or otherwise violates the conditions of these
Provisions or the allocation such that substantial performance is significantly
endangered. In the event of such termination, RECIPIENT shall be reimbursed
its authorized costs up to the STATE's share of allowable Project costs incurred
prior to the date of termination, provided that all other terms and conditions of
this Agreement have been met. Any such termination shall be accomplished by
delivery to RECIPIENT of a Notice of Termination, which notice shall become
effective not less than 30 days after receipt, specifying the reason for the
termination, the extent to which funding of work under these provisions is
terminated and the date upon which such termination becomes effective, if
beyond 30 days after receipt. During the period before the effective termination
date, RECIPIENT and STATE shall meet to attempt to resolve any dispute.
ARTICLE IV. REPORTS AND RECORDS
SECTION 1. RECIPIENT and its contractors shall establish and maintain
an accounting system and records that properly accumulate and segregate
incurred costs by line item for the Project. RECIPIENT and contractor
accounting systems shall conform to generally accepted accounting principles
• (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or
invoices. All accounting records and other supporting papers of RECIPIENT
and its contractors connected with performance under this Agreement shall be
maintained for a minimum of three years from the date of final payment to
RECIPIENT under these provisions and shall be held open to inspection and
audit by representatives of STATE and the Auditor General of the State and
copies thereof will be furnished upon request. In conducting an audit of the
costs claimed under these provisions, STATE will rely to the maximum extent
possible on any prior audit of RECIPIENT pursuant to the provisions of federal
and state laws. In the absence of such an audit, any acceptable audit work
performed by RECIPIENTS' external and internal auditors and/or federal
auditors will be relied upon and used by STATE when planning and conducting
additional audits.
SECTION 2. RECIPIENT and its contractors agree that contract cost
principles at least as restrictive as 48 CFR, Federal Acquisition Regulation
System, Chapter 1 Part 31, shall be used to determine the allowability of
individual items of costs. RECIPIENT and its contractors also agree to comply
with Federal procedures as set forth in 49 CFR, Part 18, Uniform Administrative
Requirements for Grants -in -Aid to State and Local Governments.
Any costs for which RECIPIENT has received payment that are
• determined by subsequent audit to be unallowable under CFR 48, Federal
Agreement No. P116B-3-27
Sheet 5 of 11
Acquisition Regulation System, Chapter 1, Part 31, are to be repaid to STATE by •
RECIPIENT. Should RECIPIENT fail to reimburse moneys due STATE within
30 days of demand, or within such other period as may be agreed between the
parties hereto, STATE is authorized to withhold future payments due
RECIPIENT from any source, including but not limited to, the State Treasurer,
The State Controller and the CTC.
SECTION 3. For the purpose of determining compliance with Public
Contract Code Section 10115, gt &q., Military and Veterans Code Sections 999 at
aaq. and Title 2, California Code of Regulations, Section 1896.60 et sec ., when
applicable, and other matters connected with the performance of RECIPIENT's
contracts with third parties pursuant to Government Code Section 10532,
RECIPIENT, RECIPIENT's Contractor, subcontractors and STATE shall
maintain all books, documents, papers, accounting records, and other evidence
pertaining to the performance of such contracts, including but not limited to, the
costs of administering the various contracts. All of the above -referenced parties
shall make such materials available at their respective offices at all reasonable
times during the contract period and for three years from the date of final
payment under such contract. STATE, the State Auditor General, the Federal
Highway Administration, or any duly authorized representative of the Federal
Government shall have access to any books, records, and documents that are
pertinent to the Agreement for audits, examinations, excerpts, and transactions
and copies thereof shall be furnished if requested. •
SECTION 4. RECIPIENT will insert clauses to the effect of Sections 1, 2
and 3 above of this Article IV in all of its contracts funded by STATE under these
Provisions.
SECTION 5. RECIPIENT and STATE agree to conduct, on a quarterly
basis, on -site reviews of all aspects of the progress of the Project. The first
quarterly review meeting shall take place within 90 days following execution of
this Agreement. RECIPIENT agrees, during each quarterly progress review, to
inform STATE regarding (1) whether the Project is proceeding on schedule and
within budget, (2) any requested changes to the Project Management Plan, (3)
major construction accomplishments during the quarter, (4) any actual or
anticipated problems which could lead to delays in schedule, increased costs or
other difficulties, (5) the status of the Project Budget and, (6) the status of critical
elements of the Project.
Section 6. It will be permissible for RECIPIENT to expend funds as
needed and to move funds between expenditure categories and line items with
maximum flexibility in accordance with revised budgets furnished prior to the
actual expenditures. However, RECIPIENT shall notify and obtain approval
from STATE of any proposed changes in excess of 10 percent in any expenditure
category prior to actual expenditure. For proposed changes in excess of 20 •
percent in any expenditure category or for a reduction in proposed work or
Agreement No. P116B-3-27
Sheet 6 of 11
• service levels, STATE approval shall be obtained and STATE will determine
whether the proposed change is significant enough to warrant CTC review.
Should the proposed change require any increase in State funds, the CTC and
STATE must approve that change in advance of funds being expended..
SECTION 7. The quarterly reviews will include consideration of whether
activities are within the scope of the Project and in compliance with State laws,
regulations, administrative requirements, and implementation of the Project
under this Agreement.
SECTION S. If RECIPIENT and STATE determine at any time during
the performance of the Project, that the Project budget may be exceeded,
RECIPIENT shall take the following steps:
(1) Notify the designated STATE representative of the nature and
projected extent of the overrun and, within a reasonable period
thereafter, identify and quantify potential costs savings or other
measures which will bring the budget into balance,
(2) Schedule the projected overrun for discussion at the next
subsequent Quarterly Review meeting, and
• (3) Identify the source of additional RECIPIENT funds which can
be made available to complete Project.
(4) If an increase in State funding is potentially necessary
because the initial budget may be exceeded, then, after obtaining
STATE preapproval, RECIPIENT shall prepare a request to
the CTC for an additional allocation of State funds.
ARTICLE V. GENERAL PROVISIONS
SECTION 1. In the performance of work under these provisions,
RECIPIENT, its contractor(s) and all subcontractors will not discriminate
against any employee or applicant for employment because of race, religious
creed, medical condition, color, marital status, ancestry, sex, age, national origin,
or physical handicap (Government Code Section 12940 gt se- .. RECIPIENT, its
contractor(s) and all subcontractors will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, religious creed, medical condition, color, marital
status, ancestry, sex, age, national origin, or physical handicap. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including
• apprenticeship. RECIPIENT, its contractor(s) and all subcontractors shall post in
Agreement No. P116B-3-27
Sheet 7 of 11
conspicuous places, available to employees and applicants for employment, •
notice to be provided by STATE setting forth the provisions of this section.
SECTION 2. RECIPIENT, its contractor(s) and subcontractors will permit
access to all records of employment, employment advertisements, application
forms, and other pertinent data and records by the State Fair Employment
Practices and Housing Commission, or any other agency of the State of
California designated by STATE, for the purpose of investigation to ascertain
compliance with Section 1 of this Article V.
SECTION 3. RECIPIENT agrees to insert, in appropriate contracts,
clauses to the effect of Sections 1 and 2 of this Article V and the California Labor
Code requirements that all workers employed on public works will be paid not
less than the general prevailing wage rates predetermined by the Department of
Industrial Relations.
SECTION 4. Should Public Contract Code Sections 2000 or 10115 at 51q•
or Military and Veterans Code Sections 999 gt &4. be applicable to RECIPIENT,
RECIPIENT will meet, or make good faith efforts to meet, the following
Minority Business Enterprises/Women Business Enterprises/Disabled Veterans
Business Enterprises goals or RECIPIENTS applicable goals in the award of
every contract for work to be performed under these Provisions:
Minority Business Enterprises -15% •
Women Business Enterprises - 5%
Disabled Veterans Business Enterprises - 3%
RECIPIENT shall have the sole duty and authority under this Agreement
to determine whether good faith efforts were sufficient as outlined in Public
Contract Code Sections 2000 and 10115 .d &4., and the Military and Veterans
Code Sections 999 et sees .
SECTION 5. To the extent that RECIPIENT is subject to the provisions of
Government Code Section 4450 gt_ sec.. , RECIPIENT shall submit plans and
specifications for buildings, structures, sidewalks, curbs and related facilities to
the State Department of General Services for approval prior to Construction.
SECTION 6. Neither STATE nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by RECIPIENT, its agents and contractors, under, or in
connection with any work, authority, or jurisdiction delegated to RECIPIENT
under this Agreement or as respects environmental clean up obligations or
duties of RECIPIENT relative to a Project. It is also understood and agreed that,
pursuant to Government Code Section 895.4, RECIPIENT shall fully indemnify
and hold STATE harmless from any liability imposed for injury (as defined by •
Government Code Section 810.8) or environmental obligations or duties arising
Agreement No. P116B-3-27
Sheet 8 of 11
• or created by reason of anything done or imposed by operation of law or
assumed by, or omitted to be done by RECIPIENT under or in connection with
any work, authority, or jurisdiction delegated to RECIPIENT under this
Agreement.
SECTION 7. RECIPIENT is obligated, in perpetuity, to continue
operation of the Project dedicated to the public transportation purposes for
which the Project was initially approved unless authorized by STATE to
terminate the program following the year 2010. The Project right of way, the
Project facilities constructed or reconstructed on the Project site and/or Project
property purchased (excluding construction easements and excess property
whose proportionate resale proceeds are distributed pursuant to this Agreement)
shall remain dedicated to public transit use in the same proportion and scope
and to the same extent as described in this Agreement and related Bond Fund
Certification documents if applicable. Equipment acquired as part of the Project,
including rail passenger equipment and ferry vessels shall be dedicated to that .
passenger use for their full economic life cycle, including any extensions of that
life cycle achieved by reconstruction, rehabilitation or enhancements.
Subsequent fund allocations for this Project, if any, will be identified by phase
and will be described in detail in an Amendment to this document.
SECTION 8. RECIPIENT shall, for the purposes of any State bond funded
right of way acquisition which will become a permanent part of the Project (such
acquisitions exclude construction easements, property allocated to matching
funds, and excess property purchased with State funds whose resale proceeds
are returned or credited to STATE), maintain ownership of such Project property
for a minimum of twenty years or until the bonds have matured, whichever
occurs first, before transferring or selling such property, subject to the credits due
STATE as provided in Article V, Section 9 herein below.
SECTION 9. Except as otherwise set forth in this Section 9, STATE, or any
assignee public body acting on behalf of the CTC, shall be entitled to a refund or
credit, at STATE's sole option, equivalent to the proportionate funding
participation by STATE and other NON -RECIPIENT generated public funds
towards Project acquisition or construction in the event that RECIPIENT ceases
to utilize the Project for the intended public transportation purposes or sells or
transfers title to or control over the Project. Such refund or credit to STATE shall
not be required, subject to STATE approval of that intended use, if RECIPIENT
dedicates the proceeds of such sale or transfer exclusively to STATE approved
public transportation purposes which are also subject to this credit due STATE if
subsequently sold or transferred or, in the case of proceeds attributable to NON -
STATE, NON -RECIPIENT funding, such proceeds are returned to the funding
entity or otherwise expended according to the funding agreement with such
entity. STATE shall also be granted an acquisition credit for future purchases or
• condemnation of all or portions of the Project by STATE. The refund or credit
Agreement No. P116B-3-27
Sheet 9 of 11
due STATE will be measured by the ratio applied to the then fair market value
of the Project property acquired.
SECTION 10. RECIPIENT should be on notice that the Federal
Transportation Administration ("FTA", previously ' UMTA") does not share in
any revenue stream from projects which it has participated in. However, FTA
does require that it specifically approve private and incidental uses of its funded
projects to assure that they do not adversely impact transit use. In FTA funded
projects, revenues that are derived from these private and incidental uses must
be documented, are subject to audit and are required to be applied to transit
purposes. FTA circular 5010.1A provides program management guidelines.
SECTION 11. The Fund Transfer Agreement, these Provisions, the CTC
Resolutions, the Project Description and the Scope of Work document approved
by STATE constitute the entire terms of the grant Fund Transfer Agreement
between the parties for the work to be performed pursuant to this grant and all
subsequent grants awarded to this Project. The Project Description and/or the
Scope of Work document may be modified, altered or revised only by a written
Amendment between RECIPIENT and STATE.
SECTION 12. Additional funding for subsequent Project Phases may be
granted through amendments to this Agreement. A new CTC allocation
resolution will also be required following the submission by RECIPIENT of an •
acceptable supplementary Scope of Work document and, when necessary, a
revised Project Description.
ARTICLE VI. BOND PROVISIONS
SECTION 1. If Project funding is being provided in whole or in part
pursuant to the Clean Air and Transportation Improvement Act of 1990 (Prop.
116), the following additional provisions apply to RECIPIENT:
(a) Where RECIPIENT's Project includes a commuter rail project
within the meaning of Prop. 116, RECIPIENT shall coordinate and share with
other public transit operators any rail rights -of -way, common maintenance
services and station facilities used for intercity and commuter rail. Intercity and
commuter rail services shall be coordinated with each other, with other
providers and with freight traffic to provide integrated rail passenger and freight
services with minimal conflict.
(b) RECIPIENT agrees that all passenger rail and water borne
ferry equipment and all facilities acquired or constructed pursuant to this
Agreement shall be accessible to persons with physical disabilities, including
wheelchair users. All passenger vehicles and vessels acquired pursuant to this
Agreement shall be accessible to wheelchair users at all stops, stations and •
terminals, whether or not staffed.
Agreement No. P11613-3-27
Sheet 10 of 11
(c) RECIPIENT (other than the transit operator identified in
Sections 99633 and 99634 of the Public Utilities Code) shall require that all
intercity and commuter rail cars purchased conform to the California Rail car
specifications developed by STATE as specified in the Clean Air and .
Transportation Improvement Act.
Section 2. RECIPIENT shall not loan any portion of bond proceeds
represented by this grant to any private (including nonprofit) person or business.
For this purpose a "loan" includes any arrangement which is the economic
equivalent of a loan, regardless of how it is named.
Section 3. Except as provided in this Article VI, STATE and RECIPIENT
agree that any costs of the Project acquired or constructed by RECIPIENT
allocable to portions of the Project which are subject to any property interests
held by a nongovernmental person(s) in connection with business activities, such
as easements, leases, or fee interests not generally enjoyed by the public,
(hereafter referred to as Nongovernmentally Used Property or "NUP") shall, for
accounting and bookkeeping purposes, be allocated to funding sources other
than the State bond funds. For purposes of making such allocations, the costs
attributable to NUP involving a sale, easement, lease or similar arrangement
shall be determined on the basis of a fair allocation of value, which may include
is determinations based upon square or cubic footage/acreage of the area
encumbered by the lease or easement relative to the total area acquired or
constructed if all such area is of approximately equal value.
NUP will include, but is not limited to, property which is sold (including
sales of air and subsurface rights) and property subject to easements, leases or
similar rights. A rail right of way will not be treated as NUP solely as a result of
a Freight Use Easement retained by the seller of the right of way to RECIPIENT,
provided that the sales agreement appropriately excludes the Freight Use
Easement from the property or rights being acquired. Further, notwithstanding
anything in this Article VI to the contrary, RECIPIENT may allocate grant funds
to the cost of any NUP if (i) neither RECIPIENT nor any other governmental
entity will receive, directly or indirectly, any payments from or on behalf of the
nongovernmental user of the NUP, or (ii) the payment from such user does not
exceed the operation and maintenance costs fairly attributable or allocable to the
nongovernmental use of the NUP.
Section 4. RECIPIENT shall request, in writing, STATE's advance
approval if grant funds are to be allocated to any NUP, except "incidental use"
property described below. If property, the costs of which have previously been
allocated to grant funds, is to become NUP before the State bond funds are fully
paid or redeemed, then RECIPIENT may allocate the costs of such property to
another funding source as provided in Section 3 of this Article VI, or obtain
• STATE's approval that the allocation of the costs of such property to the grant
Agreement No. P116B-3-27
Sheet 11 of 11
funds may remain. It is anticipated that STATE approval will be granted if, •
taking into account the existing and expected uses of the proceeds of the State
bonds, the STATE determines that the continued tax-exempt status of the State
bonds will not be adversely affected and that the use of the property is consistent
with the Project and its described purpose.
For purposes of these Articles VI Section 3 fund source allocations,
RECIPIENT does not have to take into account as NUP those "incidental uses" of
the Project (such as, for example, advertising billboards, vending machines,
telephones, etc.) which meet requirements of federal tax regulations (IRS Notice
87-69 or any successor thereto). In general such Notice requires that the
incidental use not be physically separated from the rest of the Project and not
comprise in the aggregate more than 2-1/2% of the costs of the Project.
Section 5. If RECIPIENT enters into a management contract with a
private party (including AMTRAK) for operation of rail, ferry or other
transportation services in connection with the Project, it will either (a) obtain
approval from Bond Counsel acceptable to STATE that the terms of the
management contract meet the requirements of Internal Revenue Service
Revenue Procedure 82-14 (as supplemented or amended) or any successor
thereto (dealing generally with guidelines for when management contracts may
be deemed not to create a "private use" of bond -financed property) or are
otherwise acceptable; or (b) be prepared to certify upon request of STATE that •
the revenues which RECIPIENT (or its manager) will receive directly from the
operation of transportation services in connection with the Project (but not
including any subsidy of the transportation operation from taxes or other outside
fund sources) are for any fiscal year less than the ordinary and necessary
expenses directly attributable to the operation and maintenance of the
transportation system (excluding any overhead or administrative costs of
RECIPIENT). In any year for which option (b) will not be true, RECIPIENT
shall consult Bond Counsel acceptable to the State Treasurer's Office to obtain
approval of the management contract or an opinion that the circumstances
present will not adversely affect the tax-exempt status of the bonds.
Section 6. If RECIPIENT receives any revenues or profits from any NUF
allowed pursuant to this Article VI (whether approved at this time or hereafter
approved by STATE), RECIPIENT agrees that such revenues or profits shall be
used exclusively for the public transportation services for which the Project was
initially approved, either for capital improvements or operating costs. If
RECIPIENT does not so dedicate the revenues or profits, a proportionate share
shall (unless disapproved by Bond Counsel) be paid to STATE equivalent to
STATE's percentage participation in the Project.
. ATTACHMENTS
The following attachments will be included in the Fund Transfer Agreement.
With the exception of ATTACHMENT VI, OLP will insert each of these
attachments into the Fund Transfer Agreement prior to forwarding the
agreement to the District.
ATTACHMENT, I PROJECT DESCRIPTION
Describes location, proposed work, and net
length of project. Includes a project schedule.
ATTACHMENT Il CTC ALLOCATION RESOLUTION
Documents that the CTC has approved
funding for the project. For partial
allocations under the provisions of CTC
Resolution G-95-05, ATTACHMENT II
consists of the letter of approval from the
Caltrans Budget Program.
ATTACHMENT III SCOPE OF WORK
Provides a project description, project
financial plan, and cash flow expenditure,
• plan for the project.
ATTACHMENT IV SCOPE OF WORK APPROVAL
When signed by the District, verifies that the
Scope of Work tasks are in conformance with
the allocating resolution.
ATTACHMENT V CTC RESOLUTION G-91-2 (Ignore if not
applicable) Addresses CTC policy for
hazardous waste identification and clean-up
for rail right-of-way.
ATTACHMENT VI RECIPIENT RESOLUTION
To be inserted by the local entity prior to
Agreement transmittal to Caltrans. It
provides documentation that the local
entity's governing body endorses the
execution of this agreement.
Agreement No. P116B-3-27
Sheet 1 of 2 •
ATTACHMENT I - PROJECT DESCRIPTION
I. Conditions:
Prior to advertising, local entity shall prepare a complete
set of contractplans and submit same to State for approval.
Such plans shall conform to uniform specifications and to
design and safety standards as described in the Caltrans
Highway Design Manual -Bikeway Planning and Design Section 7-
1000 established by State.
'Preliminary Engineering, as used herein includes all
preliminary work related to the project, including, but not
restricted to preliminary surveys and reports, laboratory
work, soil investigations, preparation of plans, designs, and
advertising. "Construction Engineering' as used herein
includes actual inspection and supervision of construction
work, construction staking, laboratory and field testing,
field reports and records, estimates, final reports, and
allowable expenses of employees engaged in such activities.
Preliminary and Construction Engineering costs included in •
the estimate contained in the Scope of work are eligible
project costs. Preliminary Engineering is limited to 5% of
the grant allocation. State reimbursement to local entity
will be on the basis of the actual cost thereof to local
entity including compensation and expense, of personnel
working on the project, required materials, and automotive
expense provided; local entity shall pay its general
administrative and overhead expenses.
II. Description of work proposed:
Location: Along South Bay Blvd.at its crossing of Chorro
Creek on the Twin Bridaes structure.
Description of work: The work to be funded by this partial
allocation will be applied to project development activities.
Net length: Approximately 0.4 mile.
•
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ATTACHMENT II — CTC ALLOCATION RESOLUTION PAnwgn
CAt'ACYW�
TRAN3YORTATICq CO"160-
CALIFORNIA TRANSPORTATION COMMISSION
Policy for Allocation of Capital Support Funding
for Local Grant Programs
Resolution No. G-95-05
(Replaces Resolution #G-93-04)
1.1 WHEREAS local agencies are eligible for state funding reimbursement for capital support
for projects in local grant programs (except for the State/Local Partnership program), and
1.2 WHEREAS capital support funds are available for projects in the Flexible Congestion
Relief and Traffic System Management programs from state operations funds in Caltrans' budget,
through cooperative agreement with Caltrans, and
1.3 WHEREAS the CaEfornia Transportation Commission is responsible for allocating local •
grant funds for capital outlay and capital support in the Commuter & Urban Rail Transit, Intercity
Rail, Transit Capital Improvement, federal Transportation Enhancement Activities, Proposition
116, and Aeronautics programs, and
1.4 WHEREAS the adopted Financial Guidelines lay out requirements for Commission
allocation of local grant funds, including a description of project, environmental clearance,
financial plan, and cash expenditure plan, which can be provided only after preliminary
engineering and environmental studies have been completed, but, also allow separate allocation of
funds for capital support based on the inclusion of specified projects in an adopted program, and
1.5 WHEREAS the Commission intends that the number of fund allocations and submittal
requests be held to a minimum and simplified as much as possible, in keeping with reasonable
state oversight of local grant programs, and
1.6 WHEREAS the Commission recognizes the inclusion of a project in an adopted program,
which means it has met all requirements of nomination, evaluation, and competition with other
projects, to be sufficient basis to allocate funds for capital support, as described in the project or
general program requirements,
2.1 NOW THEREFORE BE IT RESOLVED that the Commission delegates to Caltrans
limited authority to make local grant allocations for capital support work leading up to project •
construction for local grant projects in the Commuter & Urban Rail Transit, Intercity Rail, Transit
Capital Improvement, federal Transportation Enhancement Activities, Proposition 116, and
Aeronautics programs, and
• 2.2 BE IT FURTHER RESOLVED that delegated authority may be used only for those
projects where capital support work has been specifically identified in the programming of the
project, and excluding any specific projects that the Commission may identify, but specifically may
be used for projects in the Aeronautics program notwithstanding the criterion of identification of
capital support work in the programming of the project, and
2.3 BE IT FURTHER RESOLVED that the Commission intends to review scope of work,
schedule, and cost of programmed studies, where no construction is programmed subsequently,
before making the allocation of funding for the study, so allocation of funding for engineering and
environmental work as part of stand-alone studies cannot be done under this Caltrans delegation,
and
2.4 BE IT FURTHER RESOLVED that an allocation by Caltrans is available for reimbursable
capital support work to be done by a local agency or its consultant(s), covering preliminary
engineering, environmental studies, and design engineering, on any project in the program, within
the requirements of the Financial Guidelines, which include a dapital support limit of 5% in the
Proposition 116 program, 12% in the Aeronautics program, 20% in the federal Transportation
Enhancement Activities program, and 25% in the Commuter & Urban Rail Transit, Intercity Rail,
and Transit Capital Improvement programs, and .
2.5 BE IT FURTHER RESOLVED that agencies getting direct reimbursement from Caltrans
• under this delegated authority must understand that the Commission is making the delegation of
allocation from within funds programmed for individual projects, not from outside the program in
the fund estimate, and any reimbursements for capital support activities will be charged against
and deducted from the amount programmed for the project, which may result in a change in the
local match needed for the eventual capital grant, and
2.6 BE IT FURTHER RESOLVED that the Commission allocates to Caltrans up to
S 1 million for each of the Commuter & Urban Rail Transit, Intercity Rail, and Transit Capital
Improvement programs, S3 million for the federal Transportation Enhancement Activities
program, $2 million for the Proposition 116 program, and S250,000 for the Aeronautics Program,
to be used to set up a revolving fund for each program, which is to be replenished by assigning
back to the revolving fund, from the Commission's subsequent capital grant allocation to each
project, amounts previously reimbursed for capital support work, and
2.7 BE IT FURTHER RESOLVED that the Commission expects Caltrans to administer local
grant capital support reimbursement, which includes drawing up funding agreements with local
agencies for reimbursement, marking reimbursements against program amounts for projects, and
tracking the amount of reimbursements made against and replenished to each revolving fund at
any time, and
2.8 BE IT FURTHER RESOLVED that the Commission asks for a report at the end of each
fiscal year on Caltrans' allocations and reimbursements made under this delegation and the status
• of each revolving fund to sustain expected levels of capital support work in the upcoming year,
and
2.9 BE IT FURTHER RESOLVED that the Commission expects agencies that have included
capital support costs in their state grant programming to inform the Commission or Caltrans of •
the amount and scheduling of capital support programming, either at the time of original program
nomination or by February of the fiscal year preceding start of work, if they intend to seek
reimbursement from Caltrans without an individual project allocation by the Commission, and
2.10 BE IT FURTHER RESOLVED that the Commission may adjust at any time the amount
allocated to each revolving fund, against which Caltrans may make allocations, based on progress
of work and usage by local agencies, upcoming program needs, or for another specified reason,
and
2.11 BE IT FURTHER RESOLVED that any allocation of capital support funds instate bond
programs is subject to later certification by the appropriate agency that funds are ready for
expenditure, so that bonds can be sold and reimbursement authorized.
G9Y-O"Wn
•
9
State of Califomia
• Memorandum
Business, Transportation and Housing Agency
To: DON BENJAMIN, Program Manager Date: October 20, 1995
State & Local Project Development Program
File:
From: DEPARTMENT OF TRANSPORTATION
Budgets
subject: California Transportation Commission Resolution No. G-95-05 .
Twin Bridges Bike Lanes Project Reinstated Allocation
Pursuant to California Transportation Commission Resolution No. G-95-05
(Replaces Resolution No. G-93-04), which delegates to Caltrans limited authority to
make local grant allocations for capital support work, the Department approves the
allocation of $22,500 in Proposition 116 Non -Urban funds. These funds are
allocated to the City of Morro Bay for preliminary engineering for the Twin Bridges
Bikeway Project (STIP Project No. 05-1013). -
This previously approved allocation had been rescinded pending approval and
• receipt of resolutions from the County of San Luis Obispo and the City of Morro
Bay clarifying language relating to the transfer of applicant status and
responsibility for the project. This requirement has been met.
This action is effective as of October 20, 1995. Please have the District inform
the agency in response to their request for Capital Support Funds.
If you require additional information about this project, please contact
Bruce Wilson at (916) 654-6607 or CALNET 464-6607.
W. J. EVANS
Program Manager
Budgets
cc: Steven J. Sylvester
City Engineer -City of Morro Bay
TRochte-District 5 Transit Representative
KMcGuire-Local Programs
CHayden-Accounting-Bond Unit
BWiison
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ATTACHMENT III - SCOPE OF WORK ^ Agreement No. P116B-3-27
law Sheet 1 of 5
State of California
California Transportation Commission
• ALLOCATION REQUEST FOR BICYCLE PROJECT
Clean Air and Transportation Improvement Act (Proposition 116)
-art 1. - Title and Certification
•
•
•
Address:
_..
'ryaJGmml�
•ontact Person: (at1'�r�G r tart Phone 05� 239 312l
•oiect Title-j tj
•oiect Location (County. City or Cities): M2tgo E5A&t
eainnma Mile Post or Cross Street:
Edina Mile Post or Cross Street: ---'
-nount of Proposition 116 Funds Requested O/Jr-w-in .....,,�.�
•oes tnis Allocation Request contain an updated project budget which has been
,hanged since your last allocation request or progress report? Yes_No ✓
the
the best of my knowledge and belief, the data and information in this allocation
,quest are true and I am authorized to file this request on behalf of the applicant.
e:
.fie of Sianature: v U S-i2-?5�-
Page 1
exlu-6
California Transportation Commission
Proposition 116 Allocation Request Form
Agreement No
Sheet 2 of 5
P116B-3-27
Part 2. Project Description
a. Please describe any changes in the Project Description since submittal of the
original application:
1� oaf
b. Please describe progress -to -date on the project:
r�s?r-<E a&Io
P�?%WE PMu"e 1A42-Y DF&Ls4J
C. Provide documentation of compliance with the California Environmental Quality Act
(CEQA). Include a copy of one of the following:
o Notice of Determination. and either the Negative Declaration
or the Final Environmental Impact Study or Report; or
o The Notice of Exemption for a statutory or categorical exemption
If the project is exempt by statute but a Notice of Exemption was not completed,
the request for allocation must include a statement that certifies that the project
is statutorily or categorically exempt (this statement must be signed
by an authorized agent representing the applicant agency).
WOT ?P00t(ep AT TFHS 'TI"t=_, dkFJPLAcp.-na.J Mrs Pi:- r—OODS
fps t,3ar ?-M[i?c.Jt2`r- Tbt>4T VtFof��-+r£,.>cR�- "`t6P.+�tnta-rror.l
E3E GOMFt iZtL,
n
LJ
Page 2 9
/.California Transportation Commission Agreement No. P116B-3-27
Proposition 116 Allocation Request Form Sheet 3 of 5
d. Complete the following financial plan showing all sources of capital funds that
will be used to finance this project.
PROJECT FINANCIAL PLAN
($ in 000's)
Specify 'Federal' and 'Other' fund sources.
11
Page 3
alifornia
•Qroposition
Trans portatio. -- :ommission
116 Allocatioi) Request Form
Agreement No. P116B-3-27
Sheet 4 of 5
e. Attach a description of the project components or activities that will be funded by
this allocation. The project components should be listed under each major expenditure
category, such as right-of-way acquisition, capital improvements (e.g., paving,
drainage, lighting, etc.), project development (e.g. consultant contracts,
design, engineering, etc.). Specify the total cost for each major expenditure category
and the capital assumptions or methodology used to determine these expenditure
levels (e.g. feasibility study, bid estimates, similar projects completed, etc.).
f. Complete the following Cash Flow Expenditure Plan tables which show cash flow needs
by category and fund source on a quarterly basis for the total project.
(Include additional OTR./FY columns if necessary.)
CASH FLOW EXPENDITURE PLAN
(5 in 000's)
ITDA
local Sales Tax
Local Bonds
Private
Other':-GJF3,I1syfNp
Specify 'Federal' and 'Other' fund sources.
Right-of-way may include appraisal, acquisition, etc.
;alifornia Transportation Commission
'roposition 116 Allocation Request Form
Page 4
C�
•
•
Proposition 116 Allocatiosi Request Form
yVv Agreement No. P116B-3-27
CASH FLOW EXPENDITURE PLANeet 5 of 5
(S in 000's)
.COST CATEGORY/
FUND SOURCE
Const./Materials"
FEDERAL(Total):'
----NQLs�-----
STATE (Total):
PROP 116
LOCAL (Total):
Local Sales Tax
Local Bonds
Private
Other*:l-&!i,.1 _K1,p
Subtotal Constructlon
Project Summary
FEDERAL(Totaf):'
nSE-----
STATE (Total):
PROP 116
0ther':
LOCAL (Total):
Local Sales Tax
Local Bonds
Private
0ther':.,e.Z—y_r�v4D
ect Tot
Specify 'Federal' and 'Other' fund sources.
vinirr virvrt'IUTRJFY OTR
Construction may include project development, consultant contracts, preliminary
J engineering, design, construction costs, materials, project management, etc.
•
Page 5
AGREEMENT NO.
ATTACHMENT IV - SCOPE OF WORK APPROVAL
Name of Recipient -
Name of Project
Resolution Number.
Date of Resolution
Amount of Allocation: z, S-oo
Fund Source: CFdTly
Expiration Date of Funds: O,2,�w
SCOPE OF WORK" APPROVAL:
The Department of Transportation hereby certifies that the attached "Scope of Work" document has
been submitted by the recipient named above and that its description of tasks to be accomplished with
the allocated funds is complete and in conformance with the allocating resolution specified above.
District Division Chief
E
A
L ESICNA I
OBJECT
AMOUNT
n8
CR
FEGL
YEAR
ENCUMBRANCE
DOCUMENT
NUMBER
C 5 BACCT
SUB KJB Na R/W PA RCEL NO.
N�R..L'
UN
WORK OROER Na
TION BRIOC NO.
i Ra'
eby a6 ep0e Ref oaw peamd bm4 qe Rfae b.4, d fRR6i an
iOW� 4 d" Al" a{d a fu RCitejwtefsbR
51MNATUL OFACCOUNTINC OFFl
M
EB
ATUT6
LYEAR
0
( ' .wawa n
ATTACHMENT V - CTC RESOLUTION G-91-2 ��
FEB 2 11991
C
• C1tS M1A
TAAMSP ATATION COMMISSION
CALIFORNIA TRANSPORTATION COMMISSION
RESOLUTION G-91-2
Commission Policy Resolution for Hazardous Waste Identification
and Cleanup for Rail Right -of -Hay
WHEREAS, the commission has programmed funding for rail right-of-way acquisition
in the 1990 State Transportation Improvement Program and may allocate funds for
rail right-of-way acquisition from the Clean Air and Transportation Improvement
Act; and
WHEREAS, hazardous wastes, based upon federal and state statutes and regulations,
include but are not limited to such categories as heavy metals, (e.g., lead),
inorganic (e.g., excessive mineral levels) and organic compounds (e.g., petroleum
products), and can occur on a property's surface and subsurface; and
WHEREAS, rail properties often have hazardous wastes exceeding State of
California and federal hazardous waste standards; and
WHEREAS, such properties contaminated with hazardous wastes require mitigaticn
prior to using them for rail purposee; and
WHEREAS, hazardous wastes discovered on rail property may significantly impact
Property value, project scheduling and future liability for the grant applic_.t;
and
WHEREAS, the Commission must be assured that acquisition of rail properties have
been fully reviewed by the grant applicant, and if warranted, the grant applicant
has tested for hazardous wastes; and
WHEREAS, if hazardous wastes exist, the Commission must be assured that.the
hazardous wastes identified has either been cleaned up, or financial
responsibility for the cleanup has been determined prior to title transfer to the
grant applicant, or easement has been secured in lieu of purchasing the property,
and the subsurface rights and liability for hazardous wastes remain with the
property seller; and
WHEREAS, hazardous wastes identified subsequent to title transfer to the grant
applicant will be cleaned up by the Geller or a mechanism to recover cleanup
costs is established and executed as a condition prior to title transfer; and
WHEREAS, full due diligence is necessary in discovering hazardous waste and is an
essential element in acquiring rail right-of-way properties by the grant
applicant; and
NOW THEREFORE BE IT RESOLVED, that acquisition of all rail right-of-way
.properties will be fully investigated by the grant applicant to determine the
W3ence/presence of hazardous wastes. Investigations shall be conducted in
ordance to the standards and practices of the local, state and/or federal
regulatory agencies having jurisdiction and by personnel adequately trained in
hazardous waste investigation; and
-2-
BE IT FURTHER RESOLVED, that all properties, discovered with hazardous wastes
which exceed the federal/state standards,.will be cleaned up to the satisfaction •
of the responsible local, state and/or federal regulatory agency. The
appropriate regulatory agency shall certify to grant applicant that the cleanup
has been completed; and
BE IT FURTHER RESOLVED, that the grant applicant will certify by formal
resolution to the Commission that all reasonable steps have been completed.to
assure full due diligence in the discovery of hazardous waste has been achieved
during the acquisition of rail right-of-way and the state is held harmleee from
cleanup liability or damages, both present and future; and
BE IT FURTHER RESOLVED, that the grant applicant will certify by formal
resolution that it will not seek further state funding, for cleanup, damages, or
liability cost associated with hazardous wastes on or below acquired property's
surface; and
BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission:
o that all rail right-of-way acquisition properties have been investigated
and have been found clean;
0 or that the cleanup of discovered hazardous waste has been completed prior
to acquisition of the property;
0 or that the grant applicant has obtained permanent easement and the •
subsurface rights and liability and full responsibility to pay for and
remove such hazardous waste remains with the seller in conformance with
applicable State and Federal law;
0 or if hazardous wastes are known to exist prior to acquisition and if the
applicant determines that time is of the essence for acquisition, then and
In that event, an enforceable agreement will be entered into requiring the
responsible party(les) to clean all hazardous wastes by a date certain,
with the option of funds sufficient for the clean-up costs deposited in
escrow by the seller.
In the event of failure to clean up by the date determined, the recipient of the
grant will make full restitution to the State for its participation. This
resolve does not preclude the recipient from requesting re -allocation not to
exceed the refunded amount after the hazardous waste(s) have been fully removed
from the subject site; and
BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission
that the seller from whom properties have been acquired retain liability for any
hazardous waste investigation and/or cleanup, and damages discovered subsequent
to the transfer of title; and
BE IT FURTHER RESOLVED, the Commission declares all future liability resulting
from hazardous wastes remain with the seller or the grant applicant, not the
state, and the grant applicant has been indemnified by the seller for any costs
resulting from failure to eliminate hazardous wastes; and ,10
BE IT FURTHER RESOLVED, no state funds will be made available for any future
costa associated with cleanup, damages, or liability coats associated with
hazardous wastes on or below the acquired property's surface.
• RESOLUTION NO. 129-95
RESOLUTION ASKING THE SAN LUIS OBISPO COUNTY SUPERVISORS FOR INCLUSION INTO
THE SELECTION OF THE METHOD FOR UTILIZING ENVIRONMENTAL SERVICES ON THE
CHORRO VALLEY PIPELINE
WHEREAS, the City of Morro Bay has contracted with the County of San Luis Obispo for the
construction of facilities to deliver water to the citizens of Morro Bay, said facilities being known as
the Chorro Valley Pipeline,
WHEREAS, Said Chorro Valley Pipeline is being constructed in two segments, the first of which is
nearly completed, and the second of which is not yet being constructed, but will shortly put out to
bid.
WHEREAS, It is the citizens of Morro Bay who are obligated to pay the lion's share of indebtedness
for said construction costs,
WHEREAS, The City of Morro Bay did not participate in selection of the method that necessary and
legally required environmental services were provided or which outside consulting firm was used
for said environmental services, said services being provided for Segment I of said Chorro Valley
Pipeline by the outside consulting firm of Biosystems Analysis Inc.,
WHEREAS, There were delays which necessitated the shuffling of construction scheduling and
greater than anticipated costs for environmental services in connection with the construction of
Segment I of said pipeline,
WHEREAS, Said cost overruns and delays have led to a perceived lack of confidence of the citizens
of Morro Bay with regard to said environmental services connected with Segment I of said
construction,
WHEREAS, The costs for environmental services are one of the few variable costs where economy
may be achieved in connection to the cost of Segment II of said pipeline
WHEREAS, There is an opportunity to greatly enhance the comfort level of the citizens of Morro Bay
if the City of Morro Bay were to be a necessary participant in selection of the method that necessary
and legally required environmental services would be provided and, if necessary, which outside
consulting firm would be used for said environmental services in connection with the construction of
Segment II of the Chorro Valley Pipeline,
0
NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay requests the County Board of
*Supervisors of San Luis Obispo County make the approval of the Public Works Director of the City
of Morro Bay required for selection of the method that necessary and legally required environmental
services be provided, and, if necessary, which outside consulting firm will be utilized for
environmental services in connection with future construction of Segment II of the Chorro Valley
Pipeline..
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on
the 27 day of November, 1995, by the following vote:
AYES: Anderson, Novak, Unger, Yates
NOES: Crotzer
ABSENT: None
ABSTAIN: None `
WILLIAM YATES, ayo
ATTEST:
BRIDGETT EOUER, City Clerk
•
fL J
RESOLUTION NO. 127-95
STORM DRAIN MAINTENANCE DISTRICT NO. 1
ESTABLISHMENT OF YEARLY ASSESSMENT FOR TRACT 1231 LOT OWNERS
Tract 1231 being a thirteen lot subdivision on Ironwood Court, City of Morro Bay
Assessor Parcel Numbers 68-340-1,-2,-3,-4,-5,-6,-7,-8,-9,-10,-11,-12,-13
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the conditions of approval for Tract 1231, a 13 lot residential subdivision on
Ironwood Court, required the formation of a Storm Drain Maintenance District prior to subdivision
map recordation; and
WHEREAS, pursuant to the Storm Drain Maintenance District Act (Act 2208 of the
Uncodified Water Law), the City Council did approve the formation of Storm Drain Maintenance
District No. 1 for Tract 1231 by adoption of Resolution 3-91 at a regular meeting held on January
• 14, 1991; and
WHEREAS, said Maintenance District includes storm drains constructed for the Tract's
storm water from Ironwood Court to tie into the existing system on Bayview Avenue at Hillview
Street, and excludes the Tract's perimeter or rear yard concrete ditches; and
WHEREAS, the Storm Drains and Public Improvements required for Tract 1231 were
accepted by the Director of Public Works and City Engineer on June 7, 1995; and
WHEREAS, the said storm drain improvements exclusively serve the properties within Tract
1231; and
WHEREAS, the Director of Public Works and City Engineer have determined that pursuant
to Act 2208 for storm drain cleaning, repairing, replacement, and functioning of the District, a tax
levy of $217.89 per parcel is required to defray the expenses thereof;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that
the City Clerk shall file certified copy of this resolution with the San Luis Obispo County Auditor,
which shall thereupon enter an assessment of $217.89 for Storm Drain Maintenance District No. 1
on the County Tax Roll to each of the following thirteen parcels: Assessor Parcel Numbers 68-340-
1,-2,-3,-4,-5,-6,-7,-8,-9,-10,-11,-12,-13
0
Resolution No. 127 -95
Storm Drain Maintenance District No. 1
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 27th day of November, 1995 by the following vote:
AYES: Anderson, Crotzer, Novak
• NOES: Unger, Yates
ABSENT: None
ABSTAIN: None
ATTEST:
BRIDGETT bkUER, City clerk
RESOLUTION NO. 126-95
• RESOLUTION APPROVING SUBLEASE FOR
PORTION OF LEASE SITE 91-92/91W-92W TO
KEN ESTRADA
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay
waterfront, described as Lease Sites No. 91-92/91 W-92W; and
WHEREAS, Harold and Rita Anderson are the lessees of said property; and
WHEREAS, lessees have terminated the sublease agreement approved by City Resolution 68-94
with Rosemarie Hoffman; and
WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said
property or portion of said property; and
WHEREAS, said lessees have entered into a Consent to Sublease Agreement for portions of the
leased premises with Ken Estrada, a copy of which been presented to the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
does hereby consent to the sublease of portions of Lease Sites No. 91-92/91 W-92W to Ken Estrada for
• operation of a retail gift and decorative art sales.
BE IT FURTHER RESOLVED that 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 27th day of November, 1995, by the following vote:
AYES: Crotzer,.Novak, Unger, Yates
NOES: None
ABSENT: None
ABSTAIN: Anderson
: ' U6ALTY-7P, CITY CLERK
0
0 RESOLUTION NO. 125-95
AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR
FY 95-96 AND SETTING A DEPARTMENT PAYMENT SCHEDULE FOR THE
DEBT OWED BY THE HARBOR FUND TO THE GENERAL FUND
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on October 12, 1995, the City Council met with the Harbor Advisory Board
and set a high priority of completing maintenance dredging of the city's mooring areas in the
winter of 1995-96; and,
WHEREAS, no funds were appropriated in the FY 95-96 budget for permitting, design
and actual dredging of the mooring areas, and the City does now desire to appropriate funds so
that permitting, design and dredging may proceed as soon as possible; and,
WHEREAS, the Harbor Capital Improvement Fund contains sufficient accumulated cash
reserves to provide for such appropriation; and,
WHEREAS, also at the City Council, Harbor Advisory Board meeting of October 12,
1995, the City Council indicated they desired to set a payment schedule for future payments on
• the Harbor Fund debt to the General Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that:
CJ
1. Resolution #74-95 approving the FY 95-96 City operating and Capital Improvement
budget shall hereby be amended to appropriate $200,000 to the Interior Harbor Maintenance
Dredging capital project account and said appropriation shall be a transfer from Harbor Capital
Reserves; and,
2. The City Council hereby sets a policy that, commencing in FY 96-97 the Harbor Fund
shall pay $60,000 annual debt service payment on the Harbor Fund debt to the General Fund until
the debt balance is paid in full.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 13th day of November, 1995, by the following vote:
AYES: Anderson, Crotzer,
NOES: None
ABSENT: Yates
R6qq"ww
v•
Novak, Unger
• RESOLUTION NO. 124-95
RESOLUTION APPROVING AGREEMENT WITH
ADDICTION MEDICINE CONSULTANTS, INC.
FOR DRUG AND ALCOHOL TESTING
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Omnibus Transportation Employee Testing Act of 1991 requires testing
of employees in safety sensitive jobs for the use of alcohol and controlled substances; and
WHEREAS, the Department of Transportation has issued regulations requiring cities to
comply with the Act by January 1996; and
WHEREAS, the requirements of the regulations involve testings, analysis, storage of
specimen, record administration, and federal reporting; and
WHEREAS, Addiction Medicine Consultants, Inc. specializes in complying with
Is governmental regulations concerning drug and alcohol testing; and
WHEREAS, cost savings may be realized by pooling covered employees from the Central
Coast Cities Self -Insurance Fund into one unit and entering into a combined contract.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does approve
entering into a contract with Addiction Medicine Consultants, Inc. for purposes of complying
with the Department of Transportation regulations; and, authorizes the City Administrator to sign
said contract on behalf of the City.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof
held on the 23rd day of October, 1995.
AYES: Anderson, Crotzer, Unger, Yates
NOES: None
ABSENT: Novak
ATTEST:
0
• RESOLUTION NO. 123-95
RESOLUTION AUTHORIZING APPLICATION FOR STATE HIGHWAY ACCOUNT
FUNDING FOR SOUTH BAY BOULEVARD RAISING / WIDENING PROJECT
THE CITY COUNCIL,
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the improvement of South Bay Boulevard to provide multi -modal facilities and
mitigate flooding -related road closures is of identified regional significance and is the City's highest
transportation project priority; and
WHEREAS, two projects to fulfill this need have been identified and are being assertively
pursued, the Twin Bridges Replacement Project and the South Bay Boulevard Raising / Widening
Project; and
WHEREAS, funding in the amount of $750,000 has been secured for the Raising / Widening
Project to elevate the roadway to withstand the required 50-year flood event; and
WHEREAS, heavy winter rains, erosion in the "Highway 41 Fire" watershed and severe
flooding in the winter of 1995 led to significant sedimentation in the South Bay Boulevard drainage
area; and
WHEREAS, this sedimentation now necessitates the raising of South Bay Boulevard to an
extent significantly higher than that contemplated by the original project scope; and
WHEREAS, a retaining structure is now required for wetlands fill mitigation; and
WHEREAS, a soils investigation identified unforeseen subsurface deficiencies which
• require additional structural mitigations; and
WHEREAS, the cost of these additional tasks has created a significant funding shortfall for
which the City is not financially capable of mitigating with it's own resources; and
WHEREAS, for the benefit of the public welfare, time is of the essence to appropriately
complete the project; and
WHEREAS, State Highway Account (SHA) funding appears to be the only possible means
through which adequate funding may be secured to mitigate the identified financial shortfall; and
WHEREAS it is therefore urgent to immediately seek adequate funding from SHA.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, that the
City shall immediately apply for and urgently seek State Highway Account funding adequate to assure
the timely and appropriate completion of the South Bay Boulevard Raising / Widening Project.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting
thereof held on the 23rd day of October, 1995 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Anderson, Crotzer, Unger, Yates
None
Novak
None
it
`�Ii�TiIiI�T: MlftrlNi=
0
• RESOLUTION NO. 122-95
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A
PROPOSITION 116 FUND TRANSFER AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SOUTH BAY
BOULEVARD BIKE LANES GRANT
THE CITY COUNCIL,
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City of Morro Bay has previously applied for and received approval for a
Proposition 116 grant for the installation of bike lanes on South Bay Boulevard; and
WHEREAS, the City desires to see completion of this project; and
WHEREAS, it is necessary and appropriate to execute a Fund Transfer Agreement with the
State of California Department of Transportation to provide for reimbursement of the City's
preliminary engineering costs for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay,
California that the City Administrator is hereby authorized and directed to execute said Fund
• Transfer Agreement on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on October 23, 1995 by the following vote:
AYES: Anderson, Crotzer, Unger, Yates
NOES: None
ABSENT: Novak
ABSTAIN: None
ATTEST:
J IE BOUCHER, Deputy City Clerk
0
WILLIAM YATES,
RESOLUTION NO. 121-95
• RESOLUTION ACCEPTING TRANSFER OF ELIGIBLE APPLICANT STATUS
FROM SAN LUIS OBISPO COUNTY FOR PROPOSITION 116 TWIN BRIDGES
PROJECT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the people of the State of Califona enacted the Clean Air and Transportation
Improvement Act (CATIA, Proposition 116) which provided funds to local agencies for
transportation improvement projects; and
WHEREAS, the County of San Luis Obispo applied for Proposition 116 funding for bicycle
laneson the Twin Bridges Project, South Bay Boulevard at Chorro Creek; and
WHEREAS, on November 18, 1992, the San Luis Obispo Council of Governments
approved its program of projects for Proposition 116 funding which included the Twin Bridges
Bicycle Lanes Project; and
WHEREAS, by its action November 18, 1992, the San Luis Obispo Council of
Governments approved the transfer of eligible applicant status for this project to the County of San
• Luis Obispo; and
WHEREAS, on April 4, 1995, the County of San Luis Obispo entered a Joint Powers
Agreement with the City of Morro Bay for the Twin Bidges Replacement Project; and
WHEREAS, said Joint Powers Agreement of April 4, 1995, supersedes a previous Joint
Powers Agreement of April 16, 1985; and
WHEREAS, in entering the modified Joint Powers Agreement on April 4, 1995, the County
of San Luis Obispo and the City of Morro Bay have agreed that the city should become the agency
primarily responsible for the administration of the Twin Bridges Replacement Project; and
WHEREAS, on September 5, 1995, the San Luis Obispo County Board of Supervisors
adopted Resolution No. 95-333 transferring eligible applicant status and all management and
financial responsibilities for the Proposition 116 Twin Bridges Bicycle Lanes Project to the City of
Morro Bay.
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, that
the City of Morro Bay hereby accepts said transfer from San Luis Obispo County.
n
LJ
• PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 9th day of October 1995 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ABSTAIN:
ATTEST:
BRIDGE 1 AUER, City Clerk
WrBfl.C:A(WPB):121- 5
•
RESOLUTION NO. 120-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
• APPROVING AN APPLICATION FOR FUNDING FOR A WATER RECLAMATION
FEASIBILITY STUDY — BUSINESS RETENTION & EXPANSION IMPACT AND THE
EXECUTION OF A GRANT AGREEMENT FROM THE PLANNING/TECHNICAL
ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, there is a need to evaluate alternative water source(s) to support the community,
and
WHEREAS, the purpose of this grant is to evaluate water reclamation as a possible water
source to supply Morro Bay businesses, and
WHEREAS, without alternative water sources, the City will not be able to permit business/job
expansion, thus affecting economic opportunities for low and moderate income persons.
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:
$35,000 Water Reclamation Feasibility Study --Business Retention &
Expansion Impact
• 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 City General Funds in the amount of $5,600 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 or his designee 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.
PASSED AND ADOPTED by the City Council of the City of Morro Bay held on October 9,
1995 by the following vote:
AYES:
NOES:
ABSENT:
Anderson, Crotzer, Novak, Unger. Yates
None
None
ATTEST:
_
BRIDGETri BAUER, City Clerk
City of Morro Bay
RESOLUTION NO. 119-95
RESOLUTION IDENTIFYING AND PRIORITIZING TRANSPORTATION -RELATED CAPITAL
• IMPROVEMENT PROJECTS
THE CITY COUNCIL,
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City of Morro Bay has adopted a Circulation Element to it's General Plan; and
WHEREAS, said Plan identifies specific transportation -related capital improvement projects necessary
to fulfill the City's future needs; and,
WHEREAS, certain other transportation needs have been identified since adoption of said Element; and,
WHEREAS, It is necessary and appropriate to prioritize projects into a coherent Capital Improvement
Plan to facilitate funding and implementation; and,
WHEREAS, to this end a public hearing was held on October 9,1995 to develop such a prioritization.
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California that the
transportation -related projects listed as Category 1,2 and 3 on the attached Exhibit, incorporated by reference,
are hereby adopted as the highest community priority for implementation; and,
BE IT FURTHER RESOLVED, Within these priority categories, projects shall be implemented to the
Greatest extent practicable in the categories numerical order.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held on the 9th day of October 1995 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
BRIDGETifSBAUER, City Clerk
9WTB/LC:A(W TB):PRIORESO
0
CITY OF MORRO BAY
TRANSPORTATION -RELATED
CAPITAL IMPROVEMENT PROJECTS
CATEGORYI
TWIN BRIDGES
SOUTH BAY BLVD. RAISING / WIDENING
MAIN STREET BIKE PATH
CATEGORY
RECONSTRUCT ZANZIBAR
RECONSTRUCT SURF ALLEY
CATEGORY
NORTH MAIN MULTI -MODAL / REHABILITATION
EMBARCADERO / MORRO CREEK CROSSING
QUINTANA ROAD MULTI -MODAL
HARBORFRONT PARKING LOT
CATEGORY
40 HWY. 1 / MORRO BAY BLVD. BRIDGE WIDENING
MORRO BAY BLVD. / QUINTANA RD. SIGNALIZATION
CATEGORY
RADCLIFFE /MAIN INTERSECTION REALIGNMENT
WATERFRONT LATERAL ACCESS
ATTACHMENT TO RESOLUTION NO. 119-95 APPROVED 10-9-95
0
•
RESOLUTION NO. 118-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
CELEBRATING THE 40TH ANNIVERSARY OF THE
MORRO BAY POWER PLANT
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the Morro Bay Power Plant is celebrating its 40th anniversary during 1995,
and it is appropriate at this time that the special attention of the public be drawn to this occasion
and that the role which the plant has played in the lives of those people it serves be highlighted;
and
WHEREAS, operated by the Pacific Gas and Electric Company (PG&E), the Morro Bay
Power Plant was constructed in the late 1950's to help meet the energy needs of a growing post -
World War II California; and
WHEREAS, the plant first came on line on October 10, 1955, and has been a major
• contributing factor to the viability of the Morro Bay community; and
WHEREAS, a key integral part of the PG&E generation mix, the plant produces enough
electricity for more than I million California households and has established itself as one of the
cleanest operating power plants of its type on the West Coast; and
WHEREAS, throughout the years, the operation at Morro Bay Power Plant has been
structured to meet the demands of a growing population and, in the years since the plant came on
line, all units at Morro Bay have contributed more than 141,357,498 megawatt hours of electricity
to the PG&E system; and
WHEREAS, the efficient operation of the plant has been evidenced in times of normal
operation and in many times of crisis; in the wake of the October 17, 1989 Loma Prieta
earthquake and the more recently on August 15, 1994 during the Highway 41 fire; and
WHEREAS, the plant brings a direct payroll of about $8,280,000 to the area and, in the
past year, contributed more than $2,345,535 in property taxes to San Luis Obispo County, and
employees have devoted endless time and effort to various community organizations; and
WHEREAS, concern for the environment has been evidenced by the plant consistently
meeting and exceeding California environmental standards; and
Resolution No. 118-95
Page Two
WHEREAS, the Morro Bay Power Plant was initially fully powered by oil fuel and is now
operating on natural gas as its fuel of choice.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
California, that they draw special public attention to the Morro Bay Power Plant on the
celebration of its 40th anniversary, points with great pride to the vital services which it has
provided to users throughout the years, and applauds the Pacific Gas and Electric Company for its
enduring record of service to its customers and to the communities in which it operates..
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay,
California, on the 9th day of October, 1995, by the following vote to wit:
XYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
• WILLIAM YATES, yo
ATTEST:
BRIDGET103AUER, City Clerk
•
RESOLUTION NO. 117-95
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION
ON SALES TAX REDISTRIBUTION TO INCREASE THE
AMOUNT RECEIVED BY CITIES TO 2%
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the State receives five times as muchsales tax revenue as cities throughout
California; and
WHEREAS, the sales tax revenue retained by the State from individual cities often
exceeds the general fund budgets of those cities where the sales tax revenue originates; and
WHEREAS, cities provide services that directly benefit the quality of life in hundreds of
communities throughout California; and
WHEREAS, the public benefits of cities' services include the maintenance of property
values, reduced risk to health and safety caused by crime, fires, medical emergencies, poor
Is sanitation, and poor building and road construction; and
WHEREAS, cities' services provide important cultural and economic benefits through
parks and recreation programs, library and senior programs, removal of blight from inner cities
and older neighborhoods, and through business attraction efforts that provide jobs; and
WHEREAS, the State has acted to reduce the amount of revenue received by cities in
recent years forcing many cities throughout California to augment their revenues by imposing
local assessments, fees, or taxes - or to make cuts in essential services; and
WHEREAS, because cities receive only a small fraction of the money collected through
voter -approved Proposition 172 (Public Safety Augmentation Fund), public safety services like
police and fire services face drastic financial reductions in many cities throughout California in
light of State takeaways and State -imposed mandates; and
WHEREAS, many taxpayers object to paying additional taxes for what they view as
diminishing local services caused by these factors, especially while the demand for police services,
for example, continues to increase due to rising crime; and
WHEREAS, on August 3, 1995, the Los Angeles County Division of the League of
California Cities adopted a resolution which seeks legislative action that would result in a more
equitable distribution of sales tax revenue by shifting 1 % sales tax revenue from the State to cities;
• and
Resolution No. 117-95
• Page Two
WHEREAS, the League's resolution will help cities provide essential local services
without adding more burden to taxpayers; and
WHEREAS, on October 24, 1995, the General Assembly of the League of California
Cities will vote on this important resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro
Bay, California, does hereby support the League of California Cities' resolution to redistribute
sales taxes so that the total received by cities is 2% of the amount paid per dollar on taxable sales.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay,
California, on the 9th day of October, 1995, by the following vote to wit:
AYES:
NOES:
ABSENT:
•
ATTEST:
Anderson, Crotzer, Novak, Unger, Yates
None
None
I /
AAIA
BkIDGETT AUER, City Clerk-
WILLIAM YATES,
• CITY COUNCIL RESOLUTION NO. 116-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
AMENDING THE OPERATING BUDGET
AND MAKING ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 1994-95
FOR THE CITY OF MORRO BAY
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 finds and determines that the efficiency, economy and
effectiveness of City government operations would be substantially impaired if such
appropriation were not made; and
WHEREAS, the City Council finds that supplemental appropriations for Fiscal Year 1994-
• 95 are needed to allow for additional costs incurred in carrying out the business of the City
of Morro Bay.
NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro
Bay are amended by increasing appropriations as shown on the attached summary page,
Attachment A.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay,
on the 9th day of October, 1995, by the following vote to wit:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
Em
\" &4�LWA Mayor
• BRIDGE BAUER, City Clerk
City Council Resolution 116-95 Supplemental
Fund Attachment A Appro rip ation
10
General
1,402,118
11
General Long Term Debt
323
20
Park Fee
2,048
22
Ba shore Park A.D.
2,237
50
Traffic Safety
34,817
115
Trolley Operations
7,916
120
Gas Tax
15,072
122
SBA Tree Planting
7,038
200
Curbside Recycling
131,824
313
Water Loan
25,024
331
Harbor
2,556
332
South T-Pier
1,031
333
CC1 Slip Fund
1,274
337
Boating & Waterways So-T
218,762
341
Health & Dental Insurance
411,480
342
Worker's Compensation
255,535
343
Unemployment Reserve
15,516
420
Parkin -In-Lieu Fund
1,000
461
Mimosa St. A.D.
17,064
464
Mimosa Supp. A.D.
11,174
465
Mimosa Redemption
22,594
525
CDBG Loan Repayment
318
529
CDBG 93 Senior Housing
437,471
530
CDBG 94 Technical Grant
11,768
Totals All Funds:3,035,960
• CITY COUNCIL RESOLUTION NO. 115-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
AMENDING CITY COUNCIL RESOLUTION NO. 09-94 AND
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 authorized and existing
under the laws of said State; and
WHEREAS, the City adopted City Council Resolution No. 09-94 on February 14, 1994 authorizing a master lease agreement
("Master Lease") with Municipal Leasing Associates, Inc. ("Corporation') to finance various items of equipment
("Property"); and
WHEREAS, the City desires to extend the Master Lease to apply for Property acquired on or before December 31, 1995 in
an aggregate financing amount not to exceed $150,000.00; and
NOW, THEREFORE, BE IT RESOLVED that the Master Lease is hereby extended to apply for Property acquired on or
prior to December 31, 1995 for a financing amount not to exceed $150,000.00 and the City Administrator acting alone be
hereby authorized in the name of and on behalf of City to enter into binding agreements with the Corporation for leasing the
Property upon such terms, conditions and interest rates as may seem advisable to said officer, and to execute, as agent for the
City all necessary agreements including, but not limited to, a Master Lease, individual Lease Schedules, advance payment
agreement, acknowledgment of assignment and acceptance certificates. The 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 each individual Lease Schedule issued under the Master Lease be designated as a
qualified tax exempt obligation for the calendar year in which the Lease Schedule is issued 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.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9th day of October, 1995,
by the following vote to wit:
AYES:
NOES:
ABSENT:
Anderson, Crotzer, Novak, Unger, Yates
None
None
I, Bridgett Bauer, Clerk of the City of Moro Bay, hereby certify that the foregoing is a true copy of a resolution duly and
legally adopted by the governing body of the City at a legal meeting of said body duly and regularly held on October 9, 1995,
and that said resolution has not been revoked.
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 SIRE OF
City Administrator Dave Howell
Date: t•O % Bridgett Bauer, City Clerk
r
6A
n
U
0
CITY COUNCIL RESOLUTION NO. 114-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
SUPPORTING PARTICIPATION
I N THE REGIONAL CONSORTIUM NETWORK
WHEREAS, effectively using information technology can help achieve key organizational goals of
improving productivity, customer service, community involvement in civic affairs and public access to
information; and
WHEREAS, developing reliable and cost-effective information technology infrastructures is essential in
allowing electronic communications between remote sites within our own information systems as well as
with other public and private sector organizations; and
WHEREAS, collaborating with other governmental agencies in San Luis Obispo County can result in
more efficient and cost-effective ways of developing regional networks and information technology
infrastructures; and
WHEREAS, implementing joint solutions requires a way of identifying and sharing plans with other
agencies, which is the purpose of the Regional Network Consortium as set forth in Exhibit A attached
hereto.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay supports
participation in the Regional Network Consortium.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9th day
of October, 1995, by the following vote to wit:
AYES:
NOES:
ABSENT:
Anderson, Crotzer, Novak, Unger, Yates
Nnna
None
'. E
Exhibit A
•
REGIONAL NETWORK CONSORTIUM
Working Together Today for Better Networks Tomorrow
MISSION STATEMENT
Who are we?
We are a voluntary association of government agencies in San Luis Obispo County working
together in making information infrastructure improvements that will help each organization
better meet its technology needs.
What do we stand for?
Virtually every government agency operating in San Luis Obispo County has plans - formal
or informal - for using information technology to achieve important organization -wide goals
such as improving productivity, customer service, community involvement in civic affairs and
public access to information. And in almost all cases, these plans require reliable and cost-
effective information technology infrastructures that allow electronic communications between
remote sites within their own information systems as well as with others.
The purpose of the Consortium is to create a forum where information technology plans can
be shared and solutions identified that will either help make possible through collaborative
efforts what no one agency could achieve alone, or result in more efficient and cost-effective
is solutions for everyone.
How does the Consortium help accomplish this?
The Consortium helps bring about better regional networks and electronic connectivity by:
■ Providing an ongoing forum for public agencies to share their plans with each other and
in turn identify solutions that can mutually benefit each of them in terms of better
service or lower costs.
■ Sponsoring workshops to keep member agencies current on new networking, products,
services and trends.
■ Providing staff from smaller organizations with opportunities to discuss needs and
solutions with staff from larger, more technologically sophisticated organizations.
■ Developing technical standards and guidelines for communications hardware and
software for use by agencies on a voluntary basis.
■ Working closely with private sector service providers like Pacific Bell and Call America
as well as community -based organizations like SLONET, United Way, Chamber of
Commerce and the Nipomo Area Advisory Group in identifying ways of improving
• regional networks and overall electronic connectivity.
Exhibit A (Cont'd)
■ Maintaining a directory of information technology contacts from member agencies,
• private sector organizations and community -based groups.
■ Assisting in coordinating efforts to obtain funding that may be available for improving
regional networks through the National Telecommunications and Information Assistance
Program or similar grant programs.
What the Consortium isn't
The Consortium is not another layer of government: it does not act independently nor review
or approve plans and activities of other agencies.
Each agency already possesses the ability to cooperate with other governmental agencies or
private vendors in joint projects and programs that mutually benefit them. What each agency
does not currently possess is knowledge about what other agencies are doing (or planning to
do) where collaborative efforts would result in a better product or lower costs.
In short, the Consortium solely exists to help agencies put together joint projects when it makes
business sense for each of them to do so by providing a forum for sharing plans so that areas
of mutual interest and benefit can be identified.
How does an agency become a Consortium member?
• Every governmental agency doing business in San Luis Obispo County - a city, state agency,
special district, council of governments, joint powers authority, the County - is already by
definition a member of the Consortium. However, benefits from membership can only be
obtained by actively supporting - and participating in - Consortium activities.
•
G `.CONSRTUM.R
RESOLUTION NO. 113-95
A RESOLUTION OF THE CITY OF MORRO BAY REQUESTING
A GRANT IN THE AMOUNT OF $8,000 FROM
THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE
DEVELOPMENT OF A BOAT PUMPOUT/DUMP STATION FACILITY AT
TIDELANDS PARK
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is desirous of
developing a boat pumpout/dump station facility at Tidelands
Park to meet the needs of the boaters and to provide public
access to these facilities; and,
WHEREAS, the Department of Boating and Waterways is
authorized to provide grants to cities, counties, districts,
and other public agencies for the construction and
development of boat pumpout/dump stations facilities; and,
WHEREAS, the City of Morro Bay is willing to enter into
an agreement to provide for the operations and maintenance
of the proposed facilities at no cost to the State.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
• by adoption of this resolution hereby requests that the
Department of Boating and Waterways provide a grant for the
purpose of developing a public use boat pumpout/dump station
facility at Tidelands Park; and,
BE IT FURTHER RESOLVED that the City agrees to accept
the grant and hereby authorizes the Recreation and Parks
Director to sign the grant agreement and accept the grant
for the purpose stated above.
PASSED AND ADOPTED by the City Council of Morro Bay on
this 9th day of October, 1995.
AYES: Anderson,
NOES: None
ABSENT: None
ATTEST:
BRIDGET j8kUER
CITY CLERK
0 b:\dbwpunp.doc
Crotzer, Novak, Unger, Yates
WIIT, I.
MAYOR
C�l
RESOLUTION NO. 112-95
A RESOLUTION OF THE CITY COUNCIL
APPROVING THE APPLICATION FOR LAND
AND WATER CONSERVATION FUNDS FOR THE
DEL MAR HARDCOURT PROJECT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Congress under Public Law 88-578 has authorized
the establishment of a Federal Land and Water Conservation Fund
Grant -In -Aid Program, providing matching funds to the State of
California and its political subdivisions for acquiring lands and
developing facilities for public outdoor recreation purposes; and,
WHEREAS, the State Department of Parks and Recreation is
responsible for administration of the program in the state, setting
up necessary rules and procedures governing application by local
agencies under the program; and,
WHEREAS, said adopted procedures established by the State
• Department of Parks and Recreation require the applicant to certify
by resolution the approval of applications and the availability of
local matching funds prior to submission of said applications to the
state; and,
WHEREAS, the proposed Del Mar Hardcourt project is consistent
with the Statewide Comprehensive Recreation Resources Plan:
California Outdoor Recreation Plan - 1994; and,
WHEREAS, the project must be compatible with the land use plans
of those jurisdictions immediately surrounding the project;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
approves the filing of an application for Land and Water
Conservation Fund assistance; and certifies that said agency has
matching funds from the following sources: general fund, and can
finance 100 percent of the project, half of which will be
reimbursed; and certifies that the project is compatible with the
land use plans of those jurisdictions immediately surrounding the
project; and appoints the Recreation and Parks Director as agent of
the city to conduct all negotiations and execute and submit all
documents, including but not limited to applications, agreements,
amendments, billing statements, and so on which may be necessary for
the completion of the aforementioned project.
is
PASSED AND ADOPTED by the City Council of the City of Morro Bay
• at a regular meeting held on this 25th day of September, 1995 by the
following roll call vote:
AYES: Anderson, Crotzer, Novak, Yates
NOES: Unger
ABSENT: None
ATTEST:
BRIDGETTkAAUER
CITY CLERK
u:\word\letters\reso.doc
•
•
MAYOR
• RESOLUTION NO. 111-95
A RESOLUTION OF THE CITY COUNCIL
APPROVING PUBLIC AREA USE PERMIT NOS. 804/802 FOR THE
CAL POLY CREW CLUB DAILY PRACTICE AND ANNUAL REGATTA
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay Municipal Code requires the City Council
to authorize all special events held in the harbor; and,
WHEREAS, the Cal Poly Crew Club will be holding practices daily
and one (1) annual Regatta in the Morro Bay harbor which presents an
inherent conflict with other harbor users; and,
WHEREAS, the City Council
practice and Regatta request, and
provided for the City and the
reasonable use of the harbor.
has reviewed the aforementioned
finds that adequate insurance is
event will not interfere with
NOW, THEREFORE, BE IT RESOLVED that the City Council approves
use of the harbor by the Cal Poly Crew Club for their daily
practices and annual Regatta as in "Attachment All attached hereto.
BE IT FURTHER RESOLVED by the City Council that the Recreation
• and Parks Director is authorized to issue the Public Area Use Permit
Nos. 804/802 for the Cal Poly Crew Club practice and annual Regatta
scheduled for March 2, 1996.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held on this 25th day of September, 1995 by the
following roll call vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
-0
WILLIAM YATES
MAYOR
ATTEST:
BRIDGETT AUER
CITY CLE
• at.res89-94
• ATTACHMENT "A"
The following conditions are placed on the Pubic Area Use Permit
Nos. 804/802 for the Cal Poly Crew Club's use of Coleman Park and
the harbor for daily practice and the annual regatta:
1. A liability insurance policy endorsement (not certificate)
in the amount of $1 million with an "A" rated company
naming the City of Morro Bay as additional insured without
offset to City's policy, as respects all operations of the
named insured.
2. Water use at Coleman Park restroom is expected by Cal Poly
Crew at a rate of 2 units/month for a nine (9) month period
of use. Payment shall be made to the City for this water.
3. Crew Club agrees to avoid any loud noises, yelling,
shouting or whistling prior to 7:00 a.m. and to minimize
noises in the areas of vessels or the Embarcadero prior to
7:00 a.m. In accordance with the City's noise ordinance,
Crew Club shall control noises between 7:00 p.m. and 7:00
a.m.
4. Crew Club acknowledges they have the obligation and
responsibility to insure they do not endanger any other
• vessel using the bay and/or wildlife, and will slow the
crew or support boats down or take evasive action when
presented with a potential conflict with other bay users.
5. Crew Club may tie up two (2) small support vessels (under
15 feet) to the unused inside portion of the Harbor Patrol
Dock, with a fee waiver, on a space available basis at the
discretion of the Harbor Patrol. If the Harbor Patrol
desires to assign or berth any other vessel at that
location, the Crew agrees to identify other mooring
arrangements and relocate their vessels immediately.
6. Crew Club shall reduce trash generated during daily
practices. Additionally the Crew Club will provide and pay
for trash service at the Crew Club building site and clean
up the building site and Tidelands Park following the
Regatta.
7. Crew Club shall enhance safety and security in the bay by
reporting all debris, suspicious activities, safety and/or
environmental hazards in the areas of their activity to the
Harbor Department.
8. Crew Club is authorized to exceed the City speed limit of 5
• miles per hour as listed in Morro Bay Municipal Code
15.12.010 during all team practices from 6:00 a.m. to 9:00
a.m. and during the Regatta.
9. Crew Club shall provide written reports regarding Club
• activities to the City and shall provide City with a
written ' complaint reporting procedure involving ASI
Recreational Sports staff. Any complaints, suggestions or
comments to the City shall be directed to the Harbor
Department for review and/or action as may be necessary.
10. The Army Corps of Engineers and/or City Contractor
performing harbor dredging will be working in the same area
and shall have priority over facilities and right-of-way.
11. Crew Club has agreed to assist in doing bank mitigation for
the gear storage unit. A timeline shall be determined by
the Harbor Director.
•
al/polycreu
•
By our signatures below we
indicate we understand the
preceding conditions for Cal
Poly Crew use of the harbor
at Morro Bay, Tidelands Park
and Coleman Park, and accept
these conditions. We
further acknowledge the
Cityrs authority to cancel
the Permit issued above and
terminate Cal Poly Crew
Club's use of the harbor for
daily practice or the annual
Regatta for failure to abide
by any of the above
conditions.
Marcy Maloney
Assistant Recreational sport
Director
Crew Club President
Date
Ll
RESOLUTION NO. 110-95
AUTHORIZING THE MAYOR TO EXECUTE
GRANT CONTRACT # 95-204-045 WITH
THE DEPARTMENT OF BOATING AND WATERWAYS
FOR ENGINE RE -POWERING ON HARBOR PATROL BOAT CF 2190 XC
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay and the Department of Boating and
Waterways entered into Contract # 83-33-116-23 for a $30,000 grant towards purchase of
a 27' Radon patrol boat in 1984; and
WHEREAS, this contract was amended to extend the "Term of Operation"
through March 13, 2004 allowing the City's continued use of the 27' Radon patrol boat;
and
WHEREAS, the engines on the 27' Radon patrol boat are in need of replacement
to continue the safe use of this vessel for public safety and law enforcement; and
• WHEREAS, the City has applied for and been awarded a grant contract in the
amount of $30,000 to replace the engines on the 27' Radon patrol boat and perform
necessary modifications and repairs to continue usage of the vessel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the Mayor, William Yates, is hereby authorized to execute Contract # 95-
204-045 with the Department of Boating and Waterways.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting held thereof on the 25th day of September 1995, by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
I
Jt A-
BGETT P�FLUFI.,
• RESOLUTION NO. 109-95
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
OPPOSING THE "RENTAL ASSISTANCE" PROPOSITION
THAT WILL PRE-EMPT LOCAL MOBILEHOME RENT CONTROL
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 recognized, by the
adoption of special legislation, that mobilehome residents in
mobilehome parks are "homeowners", and that they are not the same
as typical residential tenants, but has specifically left the
issue of regulation of rents to local government;
WHEREAS, there are a substantial number of homeowners living
in mobilehome parks within this jurisdiction, an overwhelming
number of whom are senior citizens or on low or fixed income;
WHEREAS, there has historically been a shortage of
mobilehome rental spaces in this area, resulting in low vacancy
rates and which has contributed or threatens to contribute to
rapidly escalating rent;
• WHEREAS, due to the prohibitive cost of moving, the lack of
available spaces in the parks and the existence of park
restrictions which limit the type and size of mobilehomes which
can be placed in parks, mobilehomes are really "immobile"; and
homeowners thus captive to rising rents;
WHEREAS, mobilehome owners typically have a substantial
investment in their homes which, many times, is their only asset
which will be lost if no relief from excessive rents is provided;
WHEREAS, nearly 100 California counties, cities and towns
have seen fit to exercise their local police powers to enact a
local Mobilehome Rent Protection Ordinance for the purpose of
safeguarding mobilehome residents from rising rents, and this
jurisdiction wishes to preserve its ability to do so;
WHEREAS, this body opposes any attempt to pre-empt or remove
its power to protect its needy citizens or make policy which
responds to the crises created by high rents and immobility;
WHEREAS, an initiative is due to appear on the next
statewide ballot titled as a "Rental Assistance" initiative which
would phase out all existing mobilehome rent ordinances in
California and prohibit new ones from being enacted, thereby pre-
empting and voiding the ability of this body to regulate rents;
• WHEREAS, the initiative has been misrepresented as on which
would assist mobilehome owners in meeting their rent obligations,
but would in reality result in much higher rents when the
protection afforded by the local ordinance have been removed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, California, opposes the passage of the so-
called "Rental Assistance" proposition, and directs that such
opposition be communicated to the Legislature and the Governor
and those advocacy organizations to which we belong.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held on the 25th day of
September, 1995 on the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGET BAUER, City Clerk
0
RESOLUTION NO. 108-95
RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF A 20-MINUTE
ON -STREET PARKING LIMITATION ADJACENT TO TO 710 MORRO BAY BOULEVARD;
AND THE REMOVAL OF TWO EXISTING RESTRICTED PARKING SPACES ON
MORRO BAY BOULEVARD ADJACENT TO CITY PARK
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the California Vehicle Code and Section 10.36.050 of the Morro Bay
Municipal Code authorize designation or removal of limited time parking on any street within the
jurisdiction of the City of Morro Bay; and,
WHEREAS, it has been deemed appropriate to designate a portion of the south side
of Morro Bay Boulevard east of Piney Way for a 20-minute parking limitation, and it has been
deemed appropriate to remove the existing 20-minute parking limitation for two spaces on the
north side of the 700 Block of Morro Bay Boulevard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay,
California, that a 20-minute on -street parking limitation is hereby designated on the south side
of Morro Bay Boulevard adjacent to 710 Morro Bay Boulevard as shown in Exhibit "A"; and
• BE IT FURTHER RESOLVED, that the Department of Public Works be authorized and
directed to install appropriate delineation to reflect this time limitation.
BE IT FURTHER RESOLVED, that two parking spaces on the north side of the 700
block of Morro Bay Boulevard as shown in Exhibit "A" no longer be designated as 20-minute
parking limitations, and that the Department of Public Works be authorized to remove the curb
markings delineating the time limitations.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the 25th day of September, 1995, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Anderson, Crotzer, Novak, Unger, Yates
None
None
None
0
1
• RESOLUTION NO. 107-95
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ENDORSING THE APPLICATION TO THE CALIFORNIA
DEPARTMENT OF AGING FOR DESIGNATION OF
SAN LUIS OBISPO COUNTY AS A PLANNING AND SERVICE AREA
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Central Coast Commission for Senior Citizens is
the non-profit, public benefit corporation designated as the Area
Agency on Aging to administer Planning and Service Area 17, which
includes San Luis Obispo and Santa Barbara Counties; and
WHEREAS, the Cities and County of San Luis Obispo desires to
establish local control over programs developed for senior
citizens in this county and allocation of limited administration
and program monies needed to provide such senior services; and
WHEREAS, on July 11, 1995 the County Board of Supervisors
directed staff to apply to the California State Department of
Aging to create a separate Planning and Service Area for San Luis
Obispo County; and
WHEREAS, the Morro Bay City Council finds that it is in the
best interests of the senior citizens of the Cities and County of
San Luis Obispo that a separate Planning and Service Area and
Area Agency on Aging be designated for San Luis Obispo County.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, California, that the City of Morro Bay hereby
formally endorses the County of San Luis Obispo's application for
designation as a Planning and Service Area for the purpose of
defining the needs of older Americans within San Luis Obispo
County.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held on the llth day of
September, 1995 on the following vote:
AYES: Anderson, Crotzer, Novak, Ung
NOES: None
ABSENT: None
A EST:
• BRIDGETT AUER, City Clerk
• CITY COUNCIL RESOLUTION NO. 106-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND EXECUTE A
CONTRACT FOR THE PURCHASE OF FINANCIAL SOFTWARE
WHEREAS, the City Council made an appropriation in the Fiscal Year 1995-96 Capital
Improvement Budget for the purpose of securing new financial software for the City's use; and
WHEREAS, the City Council finds that a Request For Proposals was let and that three (3) proposers
responded; and
WHEREAS, the City Council finds that the procurement procedures followed were adequate to
insure a fair and open competition and to determine a fair price; and
WHEREAS, the City Council finds that Eden Systems, Inc of Yakima, Washington offers the best
combination of software functionality and features;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the
• City Administrator is authorized to enter into final negotiations and execute a contract with Eden
Systems, Inc for the purchase of computer software; and
BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the amount of
said contract shall not exceed eighty -thousand dollars.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the
1 Ith day of September, 1995, by the following vote to wit:
AYES: Anderson, Cfotzer, Novak, Unger, Yates
NOES: None
None
ABSENT:
0
•
Eden Systems, Inc. Licensing Agreement
Date: 9 August 1995
Customer Name: SAMPLE CONTRACT Eden Svstems
Customer Address: INCORPORATED
City/State/Zip:
THIS AGREEMENT is entered into by and between EDEN SYSTEMS, INC. hereinafter referred to as "EDEN" and the
agency/organization named above, hereinafter referred to as "CUSTOMER".
ktVjYl1.t:M1:V1:1
WHEREAS, EDEN provides a standardized, computer software package comprised of application programs and
documentation substantially matching the application programs hereinafter referred to as "THE SYSTEM": and;
WHEREAS CUSTOMER has examined THE SYSTEM, has determined that THE SYSTEM meets CUSTOMER'S stated
specifications and CUSTOMER desires to acquire a non -transferable, non-exclusive license to use THE SYSTEM from
EDEN, and EDEN desires to grant such license to CUSTOMER upon the following terms and conditions.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, and without reference to any prior oral
or written understanding, the parties agree as follow:
1. COMPONENTS OF THE SYSTEM
The components of THE SYSTEM are set forth in Exhibit "A", pages 5 and 6, attached hereto and by this reference
incorporated herein.
2. DEFINITION OF THE SYSTEM
The detailed description of THE SYSTEM is determined by standard documentation available from EDEN at the date
of licensing combined with this agreement complete with its Exhibits and will be the sole, complete and final definition of
THE SYSTEM regardless of any prior verbal or written understandings or perceptions on the part of either party.
It is the CUSTOMER'S sole responsibility to determine THE SYSTEM'S acceptability or usefulness for its specific
purposes prior to the execution of this agreement and by execution CUSTOMER acknowledges and accepts that
responsibility.
3. GLOSSARY OF TERMS
For purposes of this agreement the following definitions apply:
"Execution" is defined as the signing of this agreement by authorized personnel from EDEN and CUSTOMER
and a signed original being in the possession of EDEN.
"Software module" is defined as any one of the items listed in Exhibit "A" which is a program or a collection of
programs.
"Installation" or "acceptance" is defined as (1)delivery of a component complete with any modifications
detailed herein pertinent to that specific component or (2)authorization of acceptance by CUSTOMER indicated by
full payment of license fee for that component; whichever occurs first.
Eden Systems, Inc. License Agreement
Page 2
4. LICENSE
In accordance with the terms contained herein, EDEN grants to the CUSTOMER and CUSTOMER accepts
from EDEN a perpetual, non -transferable, non-exclusive license to use THE SYSTEM according to the terms
and conditions described herein.
EDEN and CUSTOMER agree this license is for the basic, unmodified version of THE SYSTEM and that
other services provided to the CUSTOMER'S for any specific purpose or use can only be obtained through an
EDEN AFPS (Authorization For Professional Services) form, separately executed acid authorized by both EDEN
and CUSTOMER
5. LICENSE FEE
CUSTOMER agrees to pay EDEN a license fee plus applicable taxes which are assessed on account of this
transaction, as well as installation and training charges described in Exhibit "A".
CUSTOMER agrees to reimburse EDEN for the transfer or distribution of THE SYSTEM as well as for
postage, shipping and reasonable charges for the program storage media associated with THE SYSTEM.
EDEN will not be obligated to provide assistance for any problems encountered as a result of the hardware or
operating system, and it makes no warranty, either expressed or implied, regarding the hardware, software or
operating system supplied by any other parry including but not limited to subcontractors of EDEN.
6. AUTHORIZED COMPUTER SYSTEM CONFIGURATION
THE SYSTEM is licensed for use on a computer system configuration identified in Exhibit "A".
7. TITLE TO SYSTEM: PROTECTIVE COVENANTS
CUSTOMER acknowledges that THE SYSTEM, system documentation including modifications,
supplements and alterations thereto supplied by EDEN or by CUSTOMER are owned by EDEN: that neither
legal nor equitable title to THE SYSTEM passes to the CUSTOMER under this agreement; that THE SYSTEM
constitutes a valuable asset and trade secret of EDEN; and that any information in connection therewith is
confidential.
ACCORDINGLY, CUSTOMER agrees as follows:
THE SYSTEM shall be used only by the CUSTOMER, on a single host/server computer system which may
serve multiple employees of CUSTOMER in a variety of locations and buildings but shall not be used for the
advantage of any other person or entity without written notification and certification by EDEN to the
CUSTOMER.
CUSTOMER shall not, and shall require its employees not to, without prior written permission from EDEN,
sell, lease, assign, transfer, sublicense, permit the duplication, reproduction or copying, or otherwise make
available for any purpose, for any type of consideration THE SYSTEM or any part thereof, or any modifications,
whether designed by EDEN or CUSTOMER or any information pertaining thereto, to or by any person or entity
whosoever except for the regular backup of THE SYSTEM for protective and recovery purposes.
CUSTOMER agrees not to alter nor remove any details of ownership, copyrights, trade mark or other
proprietary right connected with THE SYSTEM or its use.
CUSTOMER acknowledges that in the event it should violate, or permit to be violated, any of the provisions
of this paragraph, it is liable for monetary damages for each occurrence but no action by the CUSTOMER shall
relieve CUSTOMER from any of its obligations under this agreement, nor affect any other remedies of EDEN,
including the right to injunctive or other equitable relief.
40
Eden Systems, Inc. Licensing Agreement
Page 3
• 8. REMEDIES OF EDEN
Upon failure of CUSTOMER to pay any sums due hereunder when due, or upon breach by CUSTOMER of any of its
covenants or agreements contained herein, and without prejudice to any other rights EDEN may have hereunder,
CUSTOMER shall have thirty (30) days to make payment of due sums or correct the breach.
If the CUSTOMER fails to pay such sums or correct such breach then EDEN shall have the right to (a)immediately
terminate this agreement and retrieve from CUSTOMER THE SYSTEM, system documentation, backup or archival
copies of THE SYSTEM; or (b)allow the CUSTOMER thirty (30) additional days to correct such breach or violation.
9. EXECUTION BY EDEN
This agreement shall not be binding until the same has been executed by an authorized officer of both EDEN and
CUSTOMER. Penciled or handwritten changes must be initialed and dated by both parties in order to be binding.
10. EXPENSES AND COST OF COLLECTION
Either party shall have the right to collect from the other party reasonable expenses and attorney fees in connection
with the enforcement of any rights or remedies hereunder.
No failure of either party to demand when due any rights or monies hereunder shall be deemed a waiver by that parry
of the obligation of the other party to such right or sum.
11. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the state in which action is brought.
Such action may be initiated in the State of Washington or the State of California at the behest of the party initiating such
action or suit. Except to the extent that the provisions of this Agreement are clearly inconsistent therewith, this Agreement
shall be governed by any applicable provisions of the Uniform Commercial Code.
12. WARRANTY AND LIMITATION OF LIABILITY
EDEN WARRANTS THE SYSTEM AGAINST DISCOVERED ERRORS FOR THE LIFE OF THE PRODUCT
PROVIDED THE CUSTOMER IS COVERED BY SOFTWARE SUPPORTAS DESCRIBED IN EXHIBIT "B"
HEREIN, UNINTERRUPTED FROM THE DATE OF INITIAL LICENSING OF THE SYSTEM AND EDEN HAS
EXPLICITLY AUTHORIZED ALL MODIFICATIONS OR ALTERATIONS MADE TO THE SYSTEM. CUSTOMER
AGREES THAT ANY LIABILITY OF EDEN FOR LOSS, DAMAGE, COST OR EXPENSE WHATSOEVER TO
CUSTOMER ARISING FROM ANY BREACH OR DEFAULT BY EDEN OF ANY WARRANTY, COVENANT,
AGREEMENT OR UNDERTAKING HEREUNDER SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY
CUSTOMER, BUT THAT IN NO EVENT SHALL THE AGGREGATE OF SUCH LIABILITY EXCEED THE
LICENSE FEE SPECIFIED HEREIN, NOR SHALL ANY SUCH LIABILITY INCLUDE ANY CONSEQUENTIAL
DAMAGES WHICH MAY BE SUFFERED BY CUSTOMER.
13. ENTIRE AGREEMENT
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND
SUPERSEDES ALL PRIOR UNDERSTANDINGS, DOCUMENTED REPRESENTATIONS AND AGREEMENTS
BETWEEN THE TWO PARTIES, WHETHER ORAL OR WRITTEN, AND THIS AGREEMENT MAY NOT BE
MODIFIED OR ALTERED EXCEPT BY A SUBSEQUENT, WRITTEN INSTRUMENT DULY EXECUTED BY
BOTH PARTIES. FURTHER, CUSTOMER REPRESENTS AND WARRANTS THAT IN EXECUTING THIS
AGREEMENT CUSTOMER DOES NOT RELY ON ANY PROMISES, INDUCEMENTS OR REPRESENTATIONS
MADE BY EDEN WITH RESPECT TO THIS AGREEMENT OR ANY OTHER BUSINESS DEALINGS WITH
EDEN, NOW OR IN THE FUTURE WITH THE EXCEPTION OF THE CONSIDERATIONS CITED HEREIN.
14. BACK-UP COPIES
CUSTOMER shall have the right to make up to three (3) backup copies of THE SYSTEM on magnetic media. No
other copies shall be authorized under this agreement without written authorization from EDEN.
15. SOURCE CODE
40 Source code is included as part of THE SYSTEM and is produced within 30 days of CUSTOMER request.
0
0
Eden Systems, Inc. License Agreement
Page 4
16. TRAINING
All installation/training charges are due and payable upon execution of this Agreement for activities related
to placement of components on the CUSTOMER'S computer, setting up software parameters and administering
operator training.
17. PAYMENT SCHEDULE
Upon execution of this agreement the CUSTOMER agrees to pay to EDEN 40% of the license fees, 100% of
applicable installation/training charges and 100% of all third -parry items including but not limited to the runtime,
report writer, and equipment.
Travel and out of pocket expenses are billed, due and payable as they occur based on but not limited to
EDEN'S air fare, motel, meals, and car rental. The CUSTOMER will be charged for actual costs plus
administrative costs of 5%.
All other charges including but not limited to modifications, consulting and conversion must be obtained
through AFPS (Authorization For Professional Services).
All invoices to CUSTOMER are due net 30 days. Any monies not paid when due shall be charged interest at
the rate of 1% per month until paid.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective
duly authorized representative.
CUSTOMER:
Authorized By: Dave Howell
Title: City Administrator
Signature:
i
Date: 9/14/95
EDEN SYSTEMS, INC.
Authorized By: Dennis Salts
Title: Vice President
Signature:
Date:
Eden Systems, Inc License Agreement Page 5
0 Exhibit A - Investment Summary
"Co`mponents:oLTHE'SYSTEM:I:icenseFee-
;TYaiuing:
TiainingDays
'Installation
Total:
Accounts Receivable
BAR Code Printing
Business Licensing
CAFR
Capital Projects
Receipting Interface
BARS Financial Accounting
Fixed Assets
Inventory/EquipmenURepairs
IQ Report Writer 3.0
IQ Data Dictionaries
Hand Held Interface
Payroll 5.0
Personnel
Position Control
Requisition/Purchasing
Recreation Management
Special Assessments
Utility Management 5.0
Acucobol Runtime
Total...
,... »
Eden Systems, Inc. License Agreement Page 6
0 Exhibit A - Product Specifications
QSI Cash Register Receipting Interface: It is the CUSTOMER'S responsibility to I)acquire cash receipting
control software from a source acceptable to EDEN; and 2)acquire all related equipment, installation, cabling,
installation and training services, related expenses, products and services. It is EDEN'S responsibility to provide its
standard component program which resides on the host machine which accepts batches of electronic receipts from a
third party software product accepted and approved by EDEN.
Hand Held Recorder Interface: EDEN'S hand held recorder interface is a generic product requiring modifications
to fit the specific needs of the CUSTOMER. These modifications are chargeable to the CUSTOMER at EDENS
current hourly rate and must be identified and authorized by both EDEN and CUSTOMER on an AFPS
(Authorization For Professional Services) before any work related to the hand held recorder interface can proceed.
It is the responsibility of the CUSTOMER to obtain all associated equipment, cabling, installation and training for
route management software and communications software acceptable to EDEN. It is EDEN'S responsibility to
provide a software component residing on the host computer. Additional services such as consulting and
programming are to be authorized by both EDEN and CUSTOMER on an AFPS (Authorization For Professional
Services).
Equipment Configuration: All components of THE SYSTEM defined in this Agreement are authorized for use on:
• Equipment Manufacturer or Type: IBM PC or Compatibles
Processor Type: Intel
Operating System: Novell LAN
• Concurrent Users: 8
Eden Systems, Inc. License Agreement
Exhibit "B" - Software Support
1. Definitions - For purposes of providing Software Support, the following definitions shall apply:
Page 7
1.1 "Support Agreement Tenn". An initial period of one (1) year or less, commencing on the fast day following
CUSTOMER acceptance that applies to THE SYSTEM pursuant to the Licensing Agreement and ending on the last day of
the fiscal year for which the support is provided. Thereafter the Agreement Tenn shall automatically renew for successive
periods of one year each unless and until terminated pursuant to Section 6 hereof. In no event, however, shall the Support
Agreement Term extend beyond the prescribed tens of the License Agreement.
1.2 "Error". Any failure of THE SYSTEM to conform in all material respects to the documentation for THE SYSTEM
published from time to time by EDEN. However, any nonconformity resulting from CUSTOMER's use or improper use of
THE SYSTEM or combining or merging THE SYSTEM with any hardware or software not supplied by EDEN shall not be
considered an Error.
1.3 "Error Correction". Either a software modification or addition that, when made or added to THE SYSTEM, establishes
material conformity of THE SYSTEM to the functional specifications, or a procedure or routine that, when observed in the
regular operation of THE SYSTEM, eliminates the practical adverse effect on CUSTOMER of such conformity.
1.4 "Enhancement". Any modification or addition that, when made or added to THE SYSTEM, materially changes its utility,
efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Enhancements may be
designated by EDEN as minor or major, depending on EDEMs assessment of their value and of the function added to THE
SYSTEM preexisting.
1.5 "Normal Working Hours". The hours between 8AM and 5PM local time on the days Monday through Friday, excluding
regularly scheduled holidays of EDEN.
1.6 "Releases". New versions of THE SYSTEM, which new versions may include both Error Corrections and Enhancements
determined by EDEN.
2. Scope of Service
2.1 During the Support Agreement Term, EDEN shall render support, services and products for designated components on
Exhibit A. Such support, services and products will be provided by EDEN during Normal Working Hours.
3. Fees and Charges
3.1 CUSTOMER shall pay EDEN annual support charges based on a percentage of the undiscounted list price of the
components described in Exhibit "A". EDEN reserves the right to change its basis for support at the beginning of each
Support Agreement Term, provided that no such change will be effective until at 90 days after EDEN has given CUSTOMER
written notice of such change. Such written notice may be in the form of a statement in EDEN's newsletter.
3.2 CUSTOMER shall reimburse EDEN for travel expenses including but not limited to such things as transportation,
lodging, meals and telephone expenses incurred by EDEN in rendering support services to CUSTOMER.
3.3 CUSTOMER shall be responsible for procuring, installing, and maintaining all equipment, telephone lines,
communications interfaces, and other hardware necessary to operate THE SYSTEM and to obtain from EDEN the services
called for according to EDEN's then existing policy.
3.4 EDEN's current annual support rate is 15% subject to change as noted above.
• 4. Proprietary Rights
4.1 To the extent that EDEN may provide CUSTOMER with any Error Corrections or Enhancements or any other software,
including any new software programs or components, or any compilations or derivative works prepared by EDEN
Eden Systems, Inc License Agreement Page 8
• (collectively, "Vendor Programs"), CUSTOMER may (1)install one copy of the Vendor Programs, in the most
current forth provided by EDEN, in CUSTOMER's own facility; (2)use such Vendor Program(s) in connection with
THE SYSTEM, and in a manner consistent with the requirements of the License Agreement, for purposes of serving
CUSTOMER's internal business needs; and (3)make up to three (3) copies of Vendor Programs in machine-readable
form for nonproductive backup purposes only. CUSTOMER may not use, copy, or modify the Vendor Programs, or
make any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by EDEN.
4.2 The Vendor Programs are and shall remain the sole property of EDEN, regardless of whether CUSTOMER, its
employees, or contractors may have contributed to the conception of such work, joined in the effort of its
development, or paid EDEN for the use of the work product. CUSTOMER shall from time to time take any further
action and execute and deliver any further instrument, including documents of assignment or acknowledgment, that
EDEN may reasonably request in order to establish and perfect its exclusive ownership rights in such works.
CUSTOMER shall not assert any right, title, or interest in such works, except for the non-exclusive right of use
granted to CUSTOMER at the time of its delivery or on -site development.
5. Disclaimer of Warranty and Limitation of Liability
5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS EXHIBIT "B", EDEN EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES CONCERNING THE SYSTEM OR THE SERVICES TO BE RENDERED
HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Termination of Support
6.1 Support may be terminated as follows:
a. Upon the termination of the License Agreement; or
b. Upon the expiration of the then current Support Agreement Term, provided that at least 60 days' prior
written notice is given to the other party; or
c. Upon 60 days' prior written notice if the other parry has materially breached the provisions of this
Agreement and has not cured such breach within such notice period.
0
0 RESOLUTION NO. 105-95
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
REAFFIRMING AND ESTABLISHING SPECIFIC COUNCIL
POLICY AND PROTOCOL PERTAINING TO THE
EFFICIENT AND ORDERLY CONDUCT OF CITY BUSINESS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, in order to conduct City business in an efficient,
fair and impartial manner, it is necessary and prudent to
establish uniform policy and procedures; and
WHEREAS, it is essential that all City Officials are equally
informed as to established policy and procedure;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, California, that the attached Exhibits 1
through 7 are hereby incorporated by reference as Official City
Policy.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held on the llth day of
September, 1995 on the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGETT 6AUER, City Clerk
•
ATTACHMENT I
CORRESPONDENCE POLICY
This policy is to be applicable to Elected and Appointed Officials of the City of Morro Bay.
As a matter of law, correspondence received and sent in the course of city business by City
Officials are public documents, with the exception of some privileged communications, for
example; attorney /client work products, confidential personnel records, records pertaining to
confidential or on -going criminal investigations, etc.
It has been determined that it is in the City's overall best interest for all Elected and Appointed
Officials to have equal access to the information contained in these documents in so far as it
applies to legitimate city business.
Therefore, all correspondence sent or received in furtherance of city business will be routed to
concerned elected, appointed or staff members in order to assure timely receipt of information
and to assure that any necessary action will be taken in a timely manner.
Exceptions;
Correspondence marked "Personal and Confidential" will not be opened or routed to
other than the addressee by city staff.
Correspondence sent or received by an Elected or Appointed Official that is essentially not
in furtherance of city business need not be routed to others, examples; a letter of
recommendation from an Elected of Appointed Official, or letters from citizens rendering
their personal opinions pertaining to various subjects.
r1
U
r
ATTACHMENT 2
RESOLUTION NO. 77-93
A RESOLUTION RESCINDING RESOLUTION NO. 1-89 AND
RE-ESTABLISHING THE ORDER OF BUSINESS AT
CITY COUNCIL MEETINGS, AND SETTING CERTAIN RULES
OF PROCEDURE GOVERNING PUBLIC COMMENTS AND
COUNCILMENBER ABSTENTIONS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Section 2.08.030 of the Morro Bay Municipal Code
provides the City Council may from time to time prescribe by
resolution the order in which the business of their meetings
shall be taken up; and
WHEREAS, Section 2.08.050 of the Morro Bay Municipal Code
permits the City Council to prescribe specific time limits for
persons addressing the City Council on City business matters; and
WHEREAS, it is necessary and prudent to establish certain
procedural rules for the efficient, effective and orderly conduct
of the business of the City during meetings of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, California as follows:
1. The City Council of the City of Morro Bay hereby finds the
above recitations are true and correct and constitute the
findings of the City Council in this matter.
2. Order of Business:
The order of business of the City Council shall be taken up
in the following manner:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
L1
Roll Call
Moment of Silence
Pledge of Allegiance
Lighten Up
Mayor and Councilmembers
Public Comment Period
Reports and Announcements
Council Declaration of Future Agenda Items
Consent Calendar
Unfinished Business
New Business
Public Hearings, Reports and Appearances
Closed Sessions
Adjournment
Resolution No. 77-93
Page Three
E. Persons present at Council meetings should avoid
interrupting, applauding, or otherwise expressing disruptive
approval or disapproval of any statements made or actions
taken at such meetings. Any person who continues to violate
these rules after warning by the Mayor may be ejected for
the remainder of the meeting then in progress.
4. Abstentions/Failure to Vote:
Every member of the City Council present at a meeting when a
question is put shall vote unless the member abstains from
participation therein because of a conflict of interest or the
appearance of conflict of interest or unless (s)he is otherwise
prohibited by law from participation.
Any member abstaining on grounds of conflict or appearance
of conflict of interest must so declare at the time the Agenda
item is called, and then shall remove himself/herself from the
City Council dais until deliberation and vote on the specific
question is completed.
Failure or refusal to vote by a member of the City Council
when present, except for a declared conflict or appearance of
conflict of interest, shall be recorded with the majority vote.
The rules prescribed herein shall not be dispensed with or
suspended unless a majority of the members of the City Council
present consent by voting thereto. No rule of procedure or order
of business herein shall be amended or repealed without notice
given and resolution adopted at a subsequent meeting.
6. Resolution No. 1-89 is hereby rescinded and any other
resolutions in conflict herewith are superceded by this
Resolution.
PASSED AND ADOPTED by the Morro Bay City Council at a
regular meeting thereof held on the 9th day of August, 1993 on
the following vote:
AYES: Crotzer, Luna, Mullen, Unger, and Yates
NOES: None I \ n w
ABSENT: None
ATTEST:
B IDGETIT DAVIS, City Clerk
ATTACHMENT 3
MEMORANDUM
TO: CITY ADMINISTRATOR
FROM: CITY CLERK
DATE: 17 JULY 1992
AGENDA NO. _ 2_L _
Date,j1�1.aAction
&UAW A
SUBJECT: DISPOSITION OF CORRESPONDENCE AND DOCUMENTS
RECEIVED AT CITY COUNCIL MEETINGS
Pursuant to your request, I surveyed several cities in the
County (Arroyo Grande, Grover City, Pismo Beach, and San
Luis Obispo) to determine if they have established policies
for receiving written information at Council meetings. None
of the cities surveyed have policies of this nature.
Further researching the matter, Government Code §54957.5
establishes provisions for receiving written agenda material
at Council meetings (copy attached). It is clear when items
are distributed to Council they become public documents. If
writings are distributed to Council during a meeting and
prior to the discussion of the related agenda item, the Code
requires the item to be made available for public inspection
prior to commencement of, and during, the discussion of the
matter. Since it is not possible for the City to copy the
item at the Council meeting, a policy could be established
requiring a distributor of items at a Council meeting to
make certain they have sufficient copies of the written item
so the public may inspect it during the meeting.
If the item is distributed to Council during discussion of
the item, the written material must be made available to the
public as soon thereafter as is practicable (next day at
City Hall).
The City Attorney advises Council has no authority to refuse
acceptance of written items during a Council meeting, par-
ticularly public hearing items which provide for written or
verbal comments. However, if the material is too voluminous
for Council to review during the meeting or is new material
not previously seen, Council normally has the discretion of
continuing a meeting in order to review the additional/new
material and receive public input on same.
44�GeefZ
Ardith Davis
City Clerk
n
1,-j
§ 54957.5. Agenda and other "writing" as public record, Inspection
(a) Notwithstanding Section 6255 or any other provisions of law,
agendas of public meetings and other writings, when distributed to all,
or a majority of all, of the members of a legislative body, of a local
agency by a member, officer, employee, or agent of such body for
discussion or consideration at a public meeting of such body, are
public records under the California Public Records Act (Chapter 3.3
(commencing with Section 6250) of Division 7 of Title 1) as soon as
distributed, and shall be made available pursuant to. Sections 6253 and
6256. However, this section shall not include any writing exempt from
public disclosure under Section 6253.5, 6254, or 6254.7.
(b) Writings which are public records under subdivision (a) and
which are distributed prior to commencement of a public meeting
shall be made available for public inspection upon request prior to
commencement of such meeting.
(c) Writings- which are public records under subdivision (a) and
which are distributed during a public meeting and prior to com-
mencement of their discussion at such meeting shall be made available
for public inspection prior to commencement of, and during, their
discussion at such meeting.
(d) Writings which are public records under subdivision (a) and
which are distributed during their discussion at a public meeting shall
be made available for public inspection immediately or as soon
thereafter as is practicable.
(e) Nothing in this section shall be construed to prevent the legisla-
tive body of a local agency from charging a fee or deposit for a copy
of a public record pursuant to Section 6257. The writings described in
subdivisions (b), (c), and (d) are subject to the requirements of the
California Public Records Act (Chapter 3.5 (commencing with Sec-
tion 6250), Division 7, Title 1), and subdivisions (b), (c), and (d) shall
not be construed to exempt from public inspection any record covered
by that act, or to limit the public's right to inspect any record
required to be disclosed by that act. This section shall riot be
construed to be applicable to any writings solely because they are
properly discussed is a closed session of a legislative body of the local
agency. Nothing in this chapter shall be construed to require a
legislative body or a local agency to place any paid advertisement or
any other paid notice in any publication.
(f) "Writing" for purposes of this section means "writing" as defined
under Section 6252.
Added Stacs 1980 ch 1284 § 24, Amended Stats 1981 ch 968 § 32.
r�
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JULY 27, 1992
PAGE 8
returned to Council for reconsideration of the condi-
tions of approval. The motion was seconded by
bsgncilmember Luna and failed on the following vote:
AYES: una, Mullen
NOES: B_�AkxLr, Wuriu, Sheetz
MOTION: Councilmember Luna ed for approval of the Consent
Calendar with the exce on of Item A-13 which has
already been approved. motion was seconded by
Councilmember Wuriu and unanimo carried. (5-0)
IZIONia
C-1 COUNCILMEMBER REQUEST FOR POLICY CONCERNING DISPOSITION OF
CORRESPONDENCE AND DOCUMENTS RECEIVED AT CITY COUNCIL
MEETINGS
Councilmember Mullen stated_ she requested this matter be agen--
dized after the public hearing on Williams Brothers wherein addi-
tional information was received from the developer and considered:
by Council; the public had no opportunity to review the material
or comment on it. She believes Council should set a time stan-
dard after which no written material will be considered at the
Council meeting; it can be received but not acted upon until a-
following meeting.
Mayor Sheetz stated people who submit material at a late date are
always taking the risk Council may not be able to read or con-
sider the material in consideration of the agenda item.
Councilmember Wuriu said Council should give equal attention to
all items presented. He stated he does not like getting volumi-
nous written material late; however, there will be times when
Council may want to, consider the material. He was not in favor
of a set policy.
Councilmember Mullen said Council should not consider items given
to them after 5PM the Friday before a Council meeting.
MOTION: Councilmember Baker moved Council continue with the
current practice as it exists. The motion was seconded
by Mayor Sheetz and carried on the following vote:
AYES: Baker, Wuriu, Sheetz
NOES: Luna, Mullen
ATTACHMENT 4
. COUNCIL POLICY STATEMENT
Subject: Communication Between City Council and City
Administrator/Department Heads
It is
necessary and
appropriate for
individual
Councilmembers to :
1.
Request and Discuss
Information with
Staff;
2.
Refer Staff to a
Concerned Member of
the Public;
3.
Confer with Staff
Regarding Upcoming
Agenda Items.
It is inappropriate for Councilmembers
to individually:
1.
Give Direction to
Staff;
2.
Delegate Work or
Assign Resources;
3.
Establish Policy
or Priorities.
ADOPTED: 2-22-88
ATTACHMENT 5
•
•
0
CITY COUNCIL POLICY STATEMENT
SUBJECT: Operating Guidelines
Declaration of Future Agenda Items
BACKGROUND
Appearing on the City Council Agenda is a section entitled
"Declaration of Future Agenda Items". This item presents
the opportunity for individual Councilmembers to raise sub-
jects of City business or concerns that they would like dis-
cussed for potential action.
This Policy Statement establishes the expectations of and
guidelines to the City Council and City staff for the dispo-
sition of subject matters raised under this Agenda heading.
POLICY
1. When a Councilmember declares a subject for a future
Council meeting, Administration will agendize the item
for a future meeting under New Business. The matter
will be set for Council discussion purposes only. No
staff work or time shall be incurred researching or
preparing information or reports for the discussion,
except to copy existing City materials or ordinances
relating to the subject.
When requesting an item for future Council discussion,
the Councilmember is encouraged to provide a timeframe
to Administration regarding their desires as to which
Council meeting the subject should be agendized.
2. Councilmembers are encouraged to prepare their own mem-
orandum briefly outlining the subject matter and action
being sought for inclusion in the Agenda Packet for the
Council meeting at which the item will be discussed.
ADOPTED: 07-11-88
ATTACHMENT 6
I
M E M O R A N D U M
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR
DATE: 10 JULY 1987
SUBJECT: LEASE NEGOTIATION POLICY
BACKGROUND
AGENDA NO
Date_YLJ/Action 4L%Lp
At your last two meetings, Council endured and expended over 4
hours .of dialogue bargaining a new Agreement for lease of Lease
Site 93-95W (Mildred Dennis). At the demand of the attorney rep-
resenting Mrs. Dennis, Council agenda time was scheduled. Coun-
cil quickly found itself placed in a position of publicly negoti-
ating details and provisions to a lease, a procedure that has
been historically remanded to staff.
Numerous concerns have arisen from our perspective regarding this
incident:
1. "On -the -spot" and piece -meal negotiation of' long-term
leases are not sound 'methodologies in the development
of effective public policy on tidelands leases;
2. Utilization of public agenda time to negotiate a busi-
ness arrangement is an ineffective use of Council time,
and inefficient use of professional staff;
3. This process is a disservice to those members of the
public (and other staff) in attendance awaiting Council
time and/or action on their item;
4. It tends to elongate Council meetings, thereby con-
tributing to mental fatigue of all involved;
S. It weakens (and could eliminate) the duty and position
Of staff hired to. manage and negotiate tidelands
leases;
6. Lessees and tenants will circumvent staff to negotiate
their desires directly with the City Council.
Staff readily recognizes that negotiation of all lease provisions
will not end at the staff level, and Council resolution of dif-
fering points will often be necessary.. However, I firmly believe
that other avenues exist to accomplish this particular need out-
side of direct public negotiation between the City Council and
1
0
the tenant. If this recent process is nurtured, it cultivates an
already growing perspective among current lessees that staff can
be ignored, since the City Council is perceived as being recep-
tive to public negotiations. I am unaware .of any public entity
that encourages such practices to take place. While we honor the
rights of the tenant and public to know the outcome of the nego-
tiation process, it is highly unusual to conduct the actual nego-
tiations in a public setting.
POLICY STATEMENT
To avoid repetitive occurrences, I would like to offer the fol-
lowing policy statement for Council's consideration and adoption:
It is the policy of the City Council of the
City of Morro Bay that negotiations relative
to leasing public tidelands shall commence
and remain at the appropriate staff level, as
managed by the City Administrator. The City
Administrator is to serve as the initial
level of negotiation appeal, with the City
Attorney participating when legal issues
arise. Differences of opinion shall be re-
solved to the maximum extent possible between
the parties at the staff level, prior to any
City Council consideration of the lease.
In the event certain lease issues remain un-
resolved upon exhaustion of administrative
review, the lessee (tenant) may submit a
written document to the City Council outlin-
ing their points and perspectives concerning
the outstanding lease issues. Upon City re-
ceipt of the written report, the City Clerk
shall cause the item to be placed on the City
Council agenda, and the lessee or his/her
representative may provide a brief verbal
summary of their perspectives to the City
Council during a public meeting. It is the
Policy of the City Council to receive under
advisement any written or verbal report at
that time, but not to comment on or negotiate
in public.
Following receipt of this input from the
lessee, the City Council will exercise its
authority under California Government Code
Section 54956.8, to meet in Closed Session to
give instructions to the City's negotiator(s)
regarding negotiations for lease of real
property (public tidelands). Upon conclusion
of the Closed Session considering the points
2
submitted by the tenant, the City's negotia-
tors will be properly instructed and autho-
rized to finalize negotiations and the lease
• with the tenant.
It is envisioned this policy process will bolster good -faith ne-
gotiation of tidelands leases by both parties, and sets the
Proper parameters for the development of long-term leases and
policy direction of the Harbor area. Staff submits this Policy
Statement to you for your acceptance with these goals in mind.
RECOMMENDATION
That Council establish a Policy Statement concerning.the negotia-
tion process for. the lease of public tidelands in the Morro Bay
Harbor area.
GN:ad
I
3
ATTACHMENT 7
MINUTES
- MORRO BAY CITY COUNCIL
REGULAR
MEETING - JULY'27, 1992
PAGE 9
.
C-2 COUNCILMEMBER
REQUEST FOR POLICY
REGARDING DISTRIBUTION OF
ELECTED
OFFICIAL MAIL AND INITIATED
CORRESPONDENCE
Councilmember Mullen stated there are certain items on which she
would like to be kept informed, and has discovered letters going
out by the Mayor which she did not know about. She requested
Council approve a policy to have Councilmembers receive copies of
correspondence on certain items received or sent out by other
Councilmembers.
MOTION: Councilmember Mullen moved Council adopt a policy
whereby other members of the Council may receive copies
of letters coming in or going out of City Hall by other
members of the Council in regards to stated subjects
identified by Council.
Mayor Sheetz stated she has no problem with the rest of the
Council receiving copies of letters she has written. She noted
the letters. she wrote were based on Council majority issues.
However, incoming mail is personal and private if it is addressed
to an individual Councilmember. Single letters addressed to the
Mayor and City Councilmembers should be distributed, but she does
not believe incoming mail needs to be shared with everyone else.
Councilmember, Mullen asked if incoming letters are public docu-
ments? Mr. Napper stated yes.
Mayor Sheetz suggested a copy of letters written , by
Councilmembers be placed in a "Read File" for Council perusal
rather than copying to each Councilmembers. Councilmember Luna
suggested an informal policy whereby Council can request incoming
information on certain subjects be copied to the Councilmembers
so requesting. Mayor Sheetz agreed with the policy with the
exception of mail addressed "personal and confidential".
MOTION: Mayor Sheetz moved any out -going correspondence by
Councilmembers be placed in a "Read File"; and,
Councilmembers may identify to the City Clerk specific
subjects on which they wish to receive copies of any
in -coming correspondence. The motion was seconded by
Councilmember Luna and unanimously carried. (5-0)
D-1
Rick Algert reviewed the proposed prole hich is a coordinated
. effort between the City, Morro Bay Commercia ermen's organi-
zation, and P.G.&E. The Coastal Conservancy h proved a
$325,000 grant for the project, and Resolution No. 97- tho-
• RESOLUTION NO. 104-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
ANNOUNCING FINDINGS AND APPROVAL OF THE DESIGNATION "OLD TOWN"
FOR DOWNTOWN MORRO BAY
THE CITY COUNCIL
City of Mono Bay, California
WHEREAS, the commercial areas from Kern Avenue to Market Street and from Surf
Street to Driftwood Street are distinct and unique areas of the City, apart from the Embarcadero;
and
WHEREAS, this area was the hub of the City before the Embarcadero was built-up; and
WHEREAS, this area contains buildings and sites that are of historic value; and
WHEREAS, the promotional needs of this area are different from the Embarcadero; and
• WHEREAS, there is a need to create a definable downtown Morro Bay for citizens and
businesses to take pride in; and
WHEREAS, the merchants of this area wish to be identified as "Old Town"
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mono
Bay, California, that the above referenced area be known as "Old Town".
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro
Bay, on the 28th day of August, 1995, by the following vote to wit:
AYES: Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: Anderson
ATTEST:
• BRIDGET AUER, City Clerk
• RESOLUTION NO. 103-95
A RESOLUTION ESTABLISHING ECONOMIC HARDSHIP CRITERIA
AND A PROGRAM FOR WATER RATE ADJUSTMENTS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is obliged to generate revenues from water rates adequate
to meet financial requirements; and
WHEREAS, the costs of water resources, infrastructure, operations and maintenance
necessitate increases in water rates,; and
WHEREAS, increased water rates can result in financial hardships to portions of the
community; and
WHEREAS, it is in the interest of the community to mitigate impacts to customers having
economic hardships, to the greatest extent practicable, by establishing a program for water rate
adjustment for customer meeting objective criteria; and
is criteria
Pacific Gas & Electric Company and The Gas Company have established
criteria for qualification of customers for similar programs; and
WHEREAS, adoption of the same criteria for a city water rate adjustment program provides
for consistency and simplicity for applicants; and
WHEREAS, it has been determined that for customers applying and qualifying for said City
program a water rate discount of 20% with a $10 per month discount maximum is appropriate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
California, that a program to allow for water rate discount of 20% per month with a $10 per month
maximum for qualifying customer is hereby established; and
BE IT FURTHER RESOLVED, economic criteria to establish qualification for said
program shall be the same as that provided by Pacific Gas & Electric Company and The Gas
Company for their similar respective programs; and
BE IT FURTHER RESOLVED, the City of Morro Bay Public Works Department shall
develop and implement a process through which customers may apply to participate in said program,
have their applications objectively analyzed and participation granted on the basis of conformance
to economic criteria; and
u
BE IT FURTHER RESOLVED the City of Morro Bay Finance Department is hereby
• authorized and directed to modify the water billing structure for customers approved for participation
in said program in accordance with this action.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 28th day of August 1995 by the following vote:
AYES: Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: Anderson
ABSTAIN: None
ATTEST:
0
• BRIDGE I
BAUER, City Clerk
WTB/LC:7:103-95
0
RESOLUTION NO. 102-95
. APPROVING AN AGREEMENT BETWEEN THE CITY OF MORRO BAY AND PACIFIC GAS
AND ELECTRIC COMPANY REGARDING DESALINATION FACILITY DISCHARGE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay (City) owns and operates a desalination facility which
discharges brine and anti-scalant into the Pack Gas and Electric Company (PG&E) Morro Bay
Power Plant ocean outfall pursuant to an interim agreement; and
WHEREAS, the City desires, and PG&E Agrees, to enter into a long-term agreement
to provide for continuation of said discharge; and
WHEREAS, an Agreement has been prepared accordingly.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California
that the Agreement between the City and PG&E is hereby approved; and
BE IT FURTHER RESOLVED, the Mayor and City Administrator are hereby authorized
and directed to execute documents necessary to reflect this approval.
• PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the 28th day of August, 1995, by the following vote:
AYES: Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: Anderson
ABSTAIN: None
ATTEST:
dr:res10295
2229-10-0407
AGREEMENT
THIS AGREEMENT, is entered into between PACIFIC GAS AND ELECTRIC
COMPANY, a California Corporation, hereinafter referred to as PG&E and the CITY OF
MORRO BAY, a public body of the State of California, hereinafter referred to as City.
WITNESSETH
WHEREAS, PG&E owns and operates its Morro Bay Power Plant commonly (mown
as San Luis Obispo County Assessor's Parcel Number (APN) 66-331-24 and the associated
"Outfall" facilities, located on (APN) 66-461-11. The associated "Outfalf' facilities, are
shown on the attached State Board of Equalization (SBE) Map No. 135-40-11B, designated
EZHEB1T "A" and are hereinafter called "Facilities" and;
WHEREAS, PG&E has a permit from the State of California's Regional Water
Quality Control Board (Order No. 95-28, NPDES Permit Number CA0003743) use its
"Outfalf' facilities, (Facilities) and;
• WHEREAS, City has received a "Notice of Intent to Issue" Coastal Development
Permit Number 3-94-46 (Attachment "A') from the California Coastal Commission (CCC), to
operate its desalination facility on a non -emergency basis and;
n
LJ
WHEREAS, City has received permission from the State of California's Regional
Water Quality Control Board (RWQCB) by virtue of Order No. 94-03, NPDES Permit Number
CA 0049697 (Attachment `B") to discharge the effluent from its desalination facility utilizing
the underground pipeline and associated equipment, portions of which are located within
Facilities (portion of APN 66-461-11 & SBE #135-40-11B, Parcels 3,4 & 5) and;
WHEREAS, City desires to operate its desalination facility, on a non -emergency
basis, by using the underground pipelines (feedwater & effluent discharge) and associated
equipment, currently located within Facilities and;
WHEREAS, PG&E recognizes, acknowledges and accepts City's right to use
Facilities, for the underground pipelines (feedwater & effluent) and associated equipment
necessary to operate City's desalination facility.
NOW THEREFORE, PG&E and City agree to the following terms and conditions:
1. This agreement shall replace and supersede all previous agreements, between City and
1.
• PG&E, regarding Facilities and shall become effective upon the execution and delivery of this
agreement. The term of this agreement shall coincide with the term of City's NPDES permit
(Order #94-03, #CA0049697), issued to the City of Morro Bay by the State of California's
Regional Water Quality Control Board (RWQCB), which expires on March 11, 1999.
2. City shall have the right and option to extend the term of this agreement for an additional
period of five (5) years from March 11, 1999 to March 10, 2004. City shall exercise said
option prior to January 1, 1999. The term of this option shall coincide with the term of
City's future NPDES permit or the subsequent renewal of its existing NPDES permit (Order
994-03, #CA0049697) issued to City by RWQCB.
3. PG&E shall have, with a sixty (60) day advance written notice to City, the right to
terminate this agreement for City's failure to comply with any of the conditions contained
herein. PG&E may also terminate this agreement, for any reason, with a 180-day advance
written notice to City. Said advance written notice shall be in accordance with the provisions
of paragraph number twenty three (#23) of this agreement.
4. City's NPDES permit (Order #94-03, #CA0049697), issued by RWQCB, shall be separate
from PG&E's NPDES permit (Order #95-28, #CA0003743), issued by RWQCB.
5. 1n addition to paragraph number four (#4), City's operation of its desalination facility and
• use of Facilities shall not adversely affect, compromise, interfere or allow interference with the
operation of PG&E's Morro Bay Power Plant or with PG&E's NPDES permit compliance.
6. All items of work involved with City's use of Facilities shall be the sole responsibility and
exclusive cost to City. City shall be solely responsible for all the labor and materials
associated with City's project in the Facilities. City's use of Facilities shall be at City's sole
risk and expense. City shall pay and discharge all bills for labor and/or materials furnished
during the term hereof for City's use of Facilities, and shall be solely liable for said costs.
City shall perform all work associated with its underground pipelines and its associated
equipment located in Facilities, in a professional manner, consistent with good engineering
practices and design standards. Said work, performed by City, shall be performed to the
satisfaction of PG&E. City shall hold PG&E harmless from all liability for any and all claims,
demands and/or causes of action brought out of, or in any way connected with, any claims
and/or liens for labor and/or materials or similar action.
7. City is solely responsible for the installation, operation, maintenance, and repair of its
underground pipelines, associated facilities and equipment that are used to operate its
desalination facility.
8. City may discharge effluent from its desalination facility, using its underground pipeline
and associated equipment within Facilities, in accordance with City's NPDES permit. City
0 2
• shall conduct the additional monitoring as shown in Table 1 (Attachment C). Said additional
monitoring may be waived, upon receipt of notice from PG&E, pursuant to paragraph ten
(#10) of this agreement City's use of Facilities shall be in accordance with all of the terms of
this agreement. No other effluent, storm water, filter backwash, treatment chemicals, toxic
materials, hazardous materials or waste of any kind shall be discharged by City, within
Facilities. It is acknowledged that said effluent, in accordance with City's NPDES permit,
contains anti-scalant material.
9. PG&E shall undertake reasonable effort to provide a flow rate of a minimum of one
hundred (100) million gallons per day, when City's desalination plant is operating at full
capacity. The proper flow rate may be less and is determined based on the operating capacity
of City's desalination plant. The flow rate provides for mixing and dispersion, to mitigate the
level of total dissolved solids of City's desalination plant when said effluent discharge is above
thirty four thousand (34,000) milligrams per liter (mg/1). For the purpose of this agreement,
City's effluent concentration shall be presumed to exceed thirty four thousand (34,000) mg/1,
at all tunes, unless and until City notifies PG&E, otherwise. In the event PG&E does not
need to discharge at said flow rate for its own purposes, City shall reimburse, to PG&E,
PG&E's costs for the additional pumping above PG&E's operational needs for PG&E's
Morro Bay Power Plant. The amount of City's reimbursement, to PG&E, shall be calculated
in accordance with Attachment D.
• 10. City shall notify PG&E's Morro Bay Power Plant, in accordance with requirements
contained in Attachment E, at the telephone numbers fisted in Attachment F.
•
11. City acknowledges PG&E's title to Facilities and agrees never to resist, assail or
challenge said title.
12. City's operation of and discharge from its desalination plant shall be in strict compliance
with any and all terms and conditions as required in City's Coastal Development Permit 93-94-
46, issued by the California Coastal Commission and City's NPDES Permit Order #94-03,
#CA0049697, issued by the State of California Regional Water Quality Control Board
(RWQCB). Any additional studies, monitoring, or requirements by RWQCB or other regulatory
agency of PG&E, with regards to City's desalination plant, shall be the sole responsibility and
cost of City. It shall be City's responsibility to resolve any desalination plant discharge -
related issues or requirements with the RWQCB or any other agency requirements prior to, and
during, the operation of City's desalination plant.
13. City is solely responsible for securing any, and all, permits and approvals that may be
required, now or in the future, for the installation, repair and use of said pipelines and
associated equipment located within Facilities. City shall also be solely responsible for the
costs of securing said permits and approvals.
3.
• 14. City shall provide, at no cost to PG&E, copies of City's NPDES and CCC permits related
to City's desalination project, submitted by City to RwQCB.
15. City shall obtain any, and all, applicable permits required by any other federal, state and
local governmental agencies having jurisdiction over said facilities or real property.
16. This agreement may be considered by others to be PG&E's implied endorsement of City's
plans. As a result, PG&E requires that City assure, by acceptance of this agreement, that they
have given full consideration to the ecological and environmental impact of their use. City shall
assure PG&E that they have complied with, or will comply with, all of the applicable
provisions of the California Environmental Quality Act of 1970 (California Public Resources
Code, Sections 21000 et seq.)
17. City 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. In no event shall City dispose, or allow disposal, of any substance into
Facilities which has hazardous or toxic qualities.
18. Notwithstanding anything contained herein, City agrees to pay PG&E for the full cost of
any damage to Facilities or for any disruption in PG&E's operations that may result from
City's exercise of this agreement, except for damages which result from the sole negligence or
• willful misconduct of PG&E.
19. City shall indemnify PG&E, its officers, contractors, agents, and employees against all
loss, damage, expense and liability resulting from injury to or death of any person, including,
but not limited to, employees of PG&E, or injury to property, including, but not limited to,
property of PG&E or City, arising out of, or in any way connected with City's exercise of this
agreement, including any loss, damage, expense, or liability proximately caused or contributed
to by the negligence, whether active or passive, of City, or City's failure to properly, inform
PG&E of the precise nature of City's activities or in any way connected to the handling,
discharge, or release of hazardous materials or waste, excepting only such loss, damage,
expense, or liability as may be caused by the sole negligence or willful misconduct of PG&E.
In the event this indemnity is not enforceable, City shall indemnify PG&E to the maximum
extent allowed by law.
20. This agreement is subject to the provisions of General Order No. 69-C of the Public
Utilities Commission of the State of California and to all other applicable provisions of the laws
and regulations of the State of California and all other govemmental agencies;
21. Upon termination of this agreement City agrees to restore Facilities to the condition
existing prior to City's use, including, but not limited to, the removal of all debris and
materials resulting from City's use of Facilities. City agrees that this work shall be completed
• at its sole expense and to the satisfaction of PG&E.
4.
• 22. Insurance Requirements
City shall maintain the following insurance coverage. Coverage shall protect both City
and PG&E for liability arising out the use of Facilities by the City, as specified in this
agreement.
A. Workers' Compensation and Employers' LiabilitX
1. Workers' Compensation insurance or self-insurance indicating compliance with all
applicable labor codes of the state of California.
2. Employers' Liability insurance shall not be less than $1,000,000 for injury or death
for each accident.
B. Commercial General Liability
1. Coverage shall be at least as broad as the Insurance Services Office (ISO)
Commercial General Liability Coverage "occurrence" form, with no coverage deletions.
2. The limit shall not be less than $1,000,000 each occurrence for bodily injury,
• property damage and personal injury.
3. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its
directors, officers, agents and employees with respect to liability arising out of the leased land
and b) Be endorsed to specify that the City's insurance is primary and that any insurance or
self-insurance maintained by PG&E shall not contribute with it.
C. Additional Insurance Provisions
1. Before commencing performance of Work, City shall furnish PG&E with
certificates of insurance and endorsements of all required insurance for City.
2. The documentation shall state that coverage shall not be cancelled except after thirty
(30) days prior written notice has been given to PG&E.
3. The documentation must be signed by a person authorized by that insurer to bind
coverage on its behalf and shall be submitted to:
Pacific Gas and Electric Company
Manager of Insurance Department
Mail Code B24H
Post Office Box 770000
• San Francisco, CA 94177
5.
• A copy of all such insurance documents shall be sent to:
PACIFIC GAS and ELECTRIC COMPANY
MORRO BAY POWER PLANT
Attention: Power Plant Manager
Post Office Box 1617
Morro Bay, CA 93422
4. PG&E may inspect the original policies or require complete certified copies, at any
time.
23. All written notices or communications may be served personally or sent by prepaid certified
United States mail, return receipt requested, to the following addresses or to other such places
as may be designated by PG&F. or City from time to time.
Notice to PG&E
• PACIFIC GAS AND ELECTRIC COMPANY
Post Office Box 592
San Luis Obispo, California 93406-0592
Attention: Building and Land Services
New Business Center, San Luis Obispo
Telephone (805) 595-6432
Notice to City
CITY OF MORRO BAY
595 Harbor Street
Morro Bay, CA. 93442
Attention: Mr. William Boucher, Director
Public Works Department
Telephone: (805) 772-6261
•
• Such notice shall be deemed received within forty-eight (48) hours from the time of mailing, if
mailed as provided for in this paragraph. Oral communication shall be in accordance with the
contacts and requirements contained in Attachments E & F.
24. This agreement shall not be assignable to or binding upon any successors, in interest,
without written permission from either PG&E or City.
IN WITNESS WHEREOF, this agreement has been executed by PG&E and City
hereto, upon the date written below:
CITY OF MORRO RAY
\nn
Yates,
William Boucher, Director,
Public Works Department
• By_ u� ?
Dave Rowell, City Administrator
M
QA
Date
Date
PACIFIC GAS AND ELECTRIC COMPANY
Randal S. Livingston, Plant Manager,
Morro Bay Power Plant
Lu De Silva, Director,
Building and Land Services
Los Padres Division
Section 26. n9S., RIDE, M.D.D.&M.
SBE Map No. 135-40.1IB, Parcels 3, 4, & 5
Morro Bay Power Plant "Outrall" Facility
LD #'a 2229-10-0051. 0054, & 0055
652 z 96204.242
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Attachment C
Table 1
City of Morro Bay Desalination Plant
Additional Monitoring to Comply with PG&E's NPDES Permit Requirements
Temperature: - Daily
pH: - Weekly
Suspended Solid: Weekly (grab sample)
limits: 30 mg/I 30-day average; 100 mg/I daily maximum
Oil & Grease: Weekly (grab sample)
limits: 15 mg/130-day average; 20 mg/l daily maximum
0
Attachment D
If it becomes necessary for PG&E to operate one or more of its four (4) circulating pumps
(nos. 1,2,3 or 4) at its Morro Bay Power Plant, in order to maintain City's required discharge
flow rate for City's desalination plant, when said flow rate is above PG&E's operational
needs, City shall reimburse PG&E for each hour that PG&E operates each circulating pump.
City's reimbursement, to PG&E, shall be determined, as follows:
For the period, from commencement of this agreement until December 31, 1997, the
hourly rate (cost) for each of PG&E's circulating pumps shall be $30.00.
• For the period, from January 1, 1998 to March 11, 1999 (end of City's NPDES permit),
the existing hourly rate (cost) of $30.00 shall be adjusted according to, either the
increase or decrease in the Cost of Living Index (CPI), as published by the United
States Department of Labor, Bureau of Labor Statistics. The appropriate index to be
used for said future adjustments is the Los Angeles -Anaheim -Riverside index.
For the purposes of this agreement, the base index shall be 154.8 (June, 1995). Any
future adjustments shall be determined according to the following formula.
current CPT/base index = Adjustment factor a $30.00/hr. = Adjusted hourly rate
Examples: 160/154.8 =1.03 x $30.00/hr. = $30.90/hr, or;
152/154.8 = 0.98 x $30.00/hr. = $29.40/hr.
Prior to January 1, 1999, PG&E shall determine the hourly rate that it will charge City
for the operation of PG&E's circulating pumps, and the schedule for adjusting said
hourly rate, during the period of City's option (March 11, 1999 to March 10, 2004).
E
Attachment E
Courtesy Notifications
City shall notify PG&E within one (1) hour, if any NPDES permit or other limits, contained in
this agreement are exceeded.
City shall notify PG&E within one (1) hour regarding any upset, unusual condition or unusual
discharge at City's desalination plant that might affect PG&E's NPDES compliance.
City shall notify PG&E within one (1) hour regarding the actual time of start-up, shutdown
and any other routine operations that might alter or affect City's desalination discharge to
• Facilities.
If PG&E determines that a problem or potential problem exists within Facilities, PG&E shall,
notify City within one (1) hour. PG&E shall meet, if necessary, with City's desalination plant
personnel and review any records, logs or operating data to determine the source of the
problem within Facilities.
If necessary to meet PG&E's operational considerations, City's desalination plant will
immediately stop discharging, upon request by PG&E. PG&E's Supervisor of Operations, at
the Morro Bay Power Plant (or designated representative) shall notify City's desalination
plant, if such action is required.
City shall notify PG&E, at least two (2) weeks in advance, of the start-up (commencement of
effluent discharge to Facilities) of City's water desalination plant.
City shall notify PG&E, forty eight (48) hours in advance, of any work to be performed on the
desalination feedwater or effluent discharge systems, located within Facilities.
PG&E shall notify City, twenty four (24) hours in advance, of any planned power plant
operation or outage which could require City's desalination plant to stop discharging effluent.
E
Ll
Attachment F
Contacts•
Morro Bay Power Plant
Emergency Contact:
Days - Supervisor of Operations: Bob Cochran, phone: 595-5019• pager• 542-7553
24 hours - Control Operator Unit 3/4; phone: 595-5533 or 595-5511
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Routine Operations:
Control Operator Unit 3/4; phone: 595-5533 or 595-5511 (logs startups etc.)
Maintenance and Access:
Water System Supervisor; Bob Ludwig, phone: 595-4259 Pager; 542-7340
NPDES Issues/Reporting:
Chemical Engineer; Tom Lott, phone: 595-5048 pager, 595-7692
•
. RESOLUTION NO.101-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
ANNOUNCING FINDINGS AND APPROVAL OF AMENDMENTS TO THE LAND USE
MAP OF THE GENERAL PLAN, AND LOCAL COASTAL PLAN
THE CITY COUNCIL
City of Morro Bay, California
CASE NO. GPA/LCP 03-93
WHEREAS, The Planning Commission of the City of Morro Bay, on May 16, 1994, by
adoption of Resolution 01-94, after duly noticed PUBLIC HEARINGS, did make
recommendations to the City Council for approval of amendments to the Land Use Map of the
General Plan and Local Coastal Plan, Zoning Ordinance Text and Map; and the North Main
Street and Beach Street Specific Plans; and
WHEREAS, The City Council held duly noticed PUBLIC HEARINGS to consider
the amendments, and on May 22, 1995 tentatively approved the amendments with additional
modifications, and referred those modifications made back to the Planning Commission for
• review and recommendation; and
WHEREAS, The Planning Commission held duly noticed PUBLIC HEARINGS to
review the modifications made by the City Council to the text and map amendments; and
WHEREAS, at a PUBLIC HEARING on the 7th day of August, 1995, the Planning
Commission did by adoption of Resolution 02-95 make final recommendations to the City
Council; and
WHEREAS, on the 28th day of August, 1995, the City Council did hold a duly noticed
PUBLIC HEARING, to consider the to amendments to the Land Use Map of the General Plan
and Local Coastal Plan, including the final recommendations by the Planning Commission; and
WHEREAS, the Environmental Coordinator determined that the California Coastal
Commission is the lead Agency for Local Coastal Plan Amendments for the purposes of the
California Environmental Quality Act; and
WHEREAS, following the hearing, and consideration of the testimony of all persons
written and oral, the City Council approved the amendments based upon the following findings:
1. The proposed amendments are consistent with the intent of the State Coastal Act; and
2. The proposed amendments are consistent with the General Plan and Local Coastal
Program Land Use Plan; and
City Council Resolution No. 101-95
• Page Two
The proposed map amendments provide broader range of uses for certain properties;
establish the Environmentally Sensitive Habitat (ESH) Area as an Overlay Zone,
providing base zone districts to the previous ESH Zone Districts where applicable, and
provide consistency with the Zoning Ordinance, General Plan and Local Coastal Program
Land Use Plan Maps.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro
Bay, California, as follows:
That the above recitations are true and correct and constitute the findings of the Council
in this matter; and,
2. That the Council does hereby approve the Local Coastal Plan / General Plan Land Use
Map Amendments attached hereto and made a part of this resolution.
This Resolution adopting the Local Coastal Plan / General Plan Land Use Map
amendments shall be transmitted promptly to the California Coastal Commission with the
request that the Commission certify the amendments; and
4. The City of Morro Bay hereby finds that the Local Coastal Program Amendments are in
compliance with the intent, objectives, and policies of the California Coastal Act and that
the City will carry out the Local Coastal Program, including these amendments in a
manner fully consistent with the California Coastal Act and all its provisions; and
• 5. These amendments shall take effect immediately and automatically upon certification.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro
Bay, on the 28th day of August, 1995, by the following vote to wit:
AYES: Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: Anderson
ATTEST:
• BRIDGETT AUER, City Clerk
CITY COUNCIL
RESOLUTION NO. 101-95
LOCAL COASTAL PLAN / GENERAL PLAN LAND USE PLAN
MAP AMENDMENTS
ATTACHMENTS
MAY 1994 DRAFT MAPS
SUMMARY OF RECOMMENDATIONS
BY PLANNING COMMISSION
• JUNE 19, 1995 to AUGUST 7, 1995
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CITY COUNCIL
ITY TENTATIVE ACTION 415195
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AREA►1 \� \� Current Zoning : ESH
_FProposed Zoning : M-2 (PD/ESH)
Togo Creek
pool
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vr000sed Zoning : OA-1 (PD/ESH)
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Current GPgLCP : High Density
AREA 5 Proposed GP&LCP : Low Density
Current Zoning: RA (PD)
Proposed Zoning : R-A
Current Zoning : PD/I/ESH)
Proposed Zoning: M-1
PA
Proposed Z<
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Proposed Zoning : M-
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CREEK
Current Zoning : ESH \
)osed Zoning : AG (ESH) `
CENTER LINE
...n c mnRRO CREEK
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Current zoning : ESH-R
Proposed Zoning4 . : OA-1 (ESI
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AREA 7 It I
rw=�"!77 --citq
Current Zoning : None
Proposed Zoning: H /
Current zoning--- ESH
Proposed Zoning (ESH)
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Current Zoning ESH .
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® Current Zoning : C-VS (PD/SP)
Proposed Zoning : C-2 (PD/SP)
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Current Zoning : ESH
Proposed Zoning, H (E
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Current Zoning : ESH
Proposed Zoning: H (ESH)
STATE PARK RD.
• .
40
AREA 141
's.
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Current Zoning : ESH
Proposed Zoning: OA-2 (PD/ESH)
HIGHWAY I
MOtso Bav / , /' I SOUTH BAY BLVD.
State Park
& p
Golf Course
Current Zoning : ESH
proposed Zoning: OA-1 (ESH)
•
DUNES ST.
o t
Z
O
T
HARBOR ST.
•h t
+ t
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MORRO ST.
Current GP&LCP : M.U.E
Proposed GP&LCP : Commercial District
Current Zoning : G-O (S.4)
Proposed Zoning: C-1 (S.4)
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ZOA 05-91; LCP/GPA 03-93
August 28, 1995 City Council
• Summary of Recommended Mao Changes
by the Planning Commission 6119195 - 817195
MAPS
Area 5:
A. 1. Re -zone a portion of the block between Sunset and Hill along north side of
Highway 41 from R-4/PD to C-1/C-2 (SP). This recommendation is Map
Exhibit Area 5 (3a).
2. Redesignate Map Area 5(3a) from High Density Residential to Mixed Use
Area `F' on the General Plan/ Coastal Land Use Map.
B. Re -zone the R-1 portion of two properties that are currently split -zoned R-1 and M-
I (PD/1) to M-1 (PD/I/SP). This recommendation is Map Exhibit Area 5 (2b).
Area 8:
A. 1. Add C-2 zoning distil designation to current C-1 designation to expand
• commercial uses allowed.
2. Redesignate Map Area 8 from District Commercial to Mixed Use Area `F'
on the General Plan/ Coastal Land Use Map.
Area 11:
A. Rezone Map Area 11 from C-VS (S.3/S.4) to C-VS/R-2 (S.3/S.4).
E
� Options 3 ab�b
Proposed changes are underlined
AREA 5 Current GP6LCP : High Density
Propoud cP&LCP : Low Density .:,.
Gment Zoning : R•4 (PD) • :x.L:s.
Proposed Zoning : R-A?
® K.
♦. f' ICON p5[. �t .�.• ..a�
Prop 9 ° used Zonin DA ESFn r+;''rh",' .:'•`./'�`�_.'
�.+:.
OPTION 3-a
Current Zoning - R-4 (PM
oared Zonina - C-1/C-2 (SP)
.a
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current
ann6�g ESH : .z r QMEJt IJt1E
Proposed Zsittg:CVS(ESH) VAMMpCREIX
ning:ESH
R"
`Proposed ng : C-YS (SWESH) „ I C ^t Zoning
• I � � �� Proposed Zoning : AGG (ESH)
cum UNE
OF
Current Zoning: ESH
Proposed Zoning: R-1(ESH)
Cunent Zoning : ESH
Proposed Zoning : M-1 (PD/1/ES141
Current 7onina -
Proposed Zoning - MCR/R-1
Cv.r�n� G►�yLC/ ; /f/if� Aw.f•� ems•%»>�w.�
•
P 6►r ♦6a♦ ~;Kelp Use kes- �'' • .�. S.rv;u. �..,M�
r.•'oo iiI
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7AR —EA-51 Current GP&LCP: High Density
Proposed GP&LCP: Law Density
Current Zoning: RA (PD)
Proposed Zoning: R-A
KRONVA30D 3
Current Zoning : R-4 (PD)
Current Zoning : ESH
proposed Zoning: M-1 (Po
4%
Cunent Zoning: ESH
Proposed Zoning: C-VS (ESH)
Current Zoning ESH
Proposed Zoning: C-VS (S
. I C,
Proposed
0
F,
x
FA
IA
CENTER UK
OF
MOM GREEK
it Zoning : ESH Zoning: AG (ESH)
CENTER LAME
OF
UmE MOM am
: ESH
OPTION 2-b
current zonina % R-1
Pronosed Zoning -LbL-1-2-MM
Chuck's Towing Only
•
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ANCHORS[.
S.
Per.1
OUw Si.
Current Zoning : C-VS (S.3/S.4)
Proposed Zoning - C-VS/R-2 (S-3/S-4)
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. RESOLUTION NO. 100-95
A RESOLUTION CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
TWIN BRIDGES REPLACEMENT PROJECT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay with the cooperation of the County of San Luis
Obispo has proposed a project identified as Twin Bridges Replacement Project, ED85-268, which
lies in the County of San Luis Obispo and is more precisely shown on the plat map attached hereto
as Exhibit "A"; and
WHEREAS, an unbiased environmental impact report [hereafter "EIR"], that has been
prepared in accordance with the California Environmental Quality Act [hereafter "CEQA"], Public
Resources Code, sections 21000 et seq., State CEQA Guidelines [hereafter "Guidelines"],
• California Code of Regulations, title 14, section 15000 et seq., and that reflects the independent
judgment of the City has been completed; and
WHEREAS, the City's CEQA responsibilities must be completed in order for the Federal
Highway Administration to complete that agency's responsibilities pursuant to the National
Environmental Policy Act [hereafter "NEPA"] and the Council on Environmental Quality NEPA
Regulations, as opposed to normal City procedures.
NOW, THEREFORE, be it resolved and ordered by the Morro Bay City Council, as
follows:
CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT
The findings attached as Exhibit "B" are hereby adopted, and the City Council
certifies that:
(a) The final EIR has been completed in compliance with CEQA; and
(b) The final EIR was presented to the City Council and that the City Council has
0 reviewed and considered the information contained in the Final EIR.
PASSED AND ADOPTED by the City Council, of the City of Morro Bay, at a regular
• meeting held on the 28th day of August, 1995, by the following vote to wit:
AYES:
Crotzer, Novak, Unger, Yates
NOES:
None
ABSENT:
Anderson
ABSTAINING:
None
40
RESOLUTION NO. 99 - 95
RESOLUTION ACCEPTING THE OFF- AND ON -SITE PUBLIC IMPROVEMENTS TO THE
CYPRESS PLAZA SHOPPING CENTER CONSISTING OF PARCELS 1,2,3,4,5,E OF PARCEL
MAP 92-073 FILED AUGUST 18, 1993 IN BOOK 50 OF PARCEL MAPS AT PAGE 35
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on November 28, 1994, The Morro Bay City Council did, by the adoption of
Resolution No. 114-94, approve the improvement agreement for the Cypress Plaza Shopping Center;
and
WHEREAS, the Developer has constructed said required improvements and requested
final inspection pursuant to Section 15 of said agreement; and
WHEREAS, the City Engineer has caused said final inspection to occur and finds that the
constructed improvements substantially conform to the approved improvement plans; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council, City of Morro Bay,
• California does hereby approve and accept the public improvements for the Cypress Plaza Shopping
Center on behalf of the public; and
BE IT FURTHER RESOLVED, that pursuant to the said agreement the City Administrator
be authorized to cause recordation of a Notice of Completion, to release 90% of the amount of the
improvement bonding, and retain 101/o of said amount as a performance security for a period of one
year; and
BE IT FURTHER RESOLVED, the City Administrator is hereby authorized to release said
retention at the end of one year from the adoption of this resolution minus any and all appropriate
reductions.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the 28th day of August, 1995, by the following vote:
AYES: Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: Anderson
ABSTAIN: None
WILLIAM YATES,
• ATTEST:
BRIDGETI BAUER, City Clerk
WORGING REQUES-it'i u't
WHEN RECORDED RETURN TO: Doc No: 1995-027210 Rec No: 00031389
CITY OFMORROBAY Official Records :NF 0.00
•595 HARBOR STREET San Luis Obispo Co.
MORRO BAY, CA 93442 Julie L. Rodewald
Recorder
Jun 28, 1995
Time: 11:28
41 :TOTAL 0.00
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
THIS OFFER TO DEDICATE, made the 27th day of June 19 95 by
Jerren E. Jorgensen and Barbara Q Jorgensen of the City of San
Luis Obispo, County of San Luis Obispo, State of California, hereinafter termed Offeror:
WHEREAS, said Offeror desires to make an Offer to Dedicate, irrevocably, to the
public, an easement, for public utility purposes, which offer may be accepted at any time
by the City of Morro Bay, which has the power to establish, construct and maintain public
utilities.
NOW, THEREFORE, said Offeror covenants and promises as follows:
1. That said Offeror is the owner of the following interest described below:
•
Parcel 4 of Parcel Map 92-073
2. That said Offeror does hereby irrevocably and in perpetuity offer to the City
of Morro Bay a dedication of an easement for public utility purposes and incidental uses
upon the following described property:
See Exhibit A attached hereto.
3. That said Offeror agrees that said Offer of Dedication shall be irrevocable
and that the City of Morro Bay, at any time in the future, accept said Offer of Dedication
of the easement.
4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate
is and shall be binding on his heirs, legatees and assignees.
• 5. That said Offeror agrees that any trust deeds shall be subordinate to this
Offer to Dedicate.
IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said •
Offeror on the day and year first above written.
G
State of California )
ss.
County of San Luis Obispo )
M
On June 27, 1995 beforeme, Judith R. Fritzinger, notary public,
Jerren E. Jorgensen and
personally appeared Barbara Q. Jorgensen
eF proved to me on the basis of satisfactory evidence to be the person(s) whose name
+sfare subscribed to the within instrument and acknowledged to me that he/sh /they
executed the same in f/their authorized capacity(ies), and that by 4is/bar/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
RC\19\1 499e 14.new
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............. ........ I ........ 31-00"90
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E N'D OF DC{C LRA Ic PVT
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EXHIBIT A
THAT PORTION OF PARCEL 4 OF PARCEL MAP 92-073, IN THE CITY OF MORRO BAY,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID
COUNTY, LYING WITHIN SAID PARCEL 4 AND WITHIN THE STRIP OF LAND 10.00
FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 4 DISTANT
SOUTHEASTERLY THEREON 11.15 FEET FROM THE MOST WESTERLY CORNER OF
SAID LOT 4;
THENCE NORTH 370 14' 21" EAST, 17.31 FEET.
THE ABOVE LINES ARE SHOWN GRAPHICALLY ON EXHIBIT B, ATTACHED HERETO •
AND MADE A PART HEREOF.
JM\Ig\I499H2 .E S
P: v
0
RESOLUTION NO. 98-95
A RESOLUTION ACCEPTING AN OFFER OF EASEMENT DEDICATION FROM THE
CYPRESS PLAZA SHOPPING CENTER FOR WATERLINE PURPOSES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the conditions of approval (CUP 12-92) for the Cypress Plaza Shopping
Center require the developer to dedicate waterline easements to the City; and
WHEREAS, the developer has constructed a waterline to City specification and approval on
parcel 4; and
WHEREAS, the developer has made an offer to dedicate said waterline easement to the
City as shown upon the attached offer and exhibits; and
WHEREAS, it is in the public interest to accept the offered waterline easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that
is the attached offer of waterline easement dedication made by the Cypress Plaza Shopping Center is
hereby accepted on behalf of the public.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held on the 28th day of August, 1995 by the following vote:
AYES: Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: Anderson
ABSTAIN: None
WILLIAM YATES,
ATTEST:
I
BRIDGET"AUER, City clerk
RESOLUTION NO. 97-95
If RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AND SUBMIT
TAX COMPLIANCE QUESTIONNAIRES FOR PROPOSITION 116 GRANTS FOR TWIN
BRIDGES BIKE LANES AND SOUTH BAY BOULEVARD BIKE LANES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Proposition 116 Bond Funds have been granted for installation of bike
lanes at Twin Bridges and along the remaining portions of south Bay Boulevard under City
jurisdiction; and
WHEREAS, Tax Compliance Questionnaires are required submittals for Proposition
116 projects.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California
that the City Administrator is hereby authorized and directed to execute and submit Tax
Compliance Questionnaires for the referenced projects as appropriate; and
BE IT FURTHER RESOLVED, the City Finance Director is authorized and directed to
• release and expend funds, issue warrants and complete other necessary tasks to comply with
the terms and conditions of Proposition 116 Bond Fund requirements.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the 14th day of August, 1995, by the following vote:
AYES: Anderson, Novak, Yates
NOES: None
ABSENT: Crotzer, Unger
ABSTAIN: None
ATTEST:
• DOLORES DAHLIN, Deputy City Clerk
dr:res9795
• RESOLUTION NO.96-95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
RELATING TO THE CLASSIFICATION, COMPENSATION,
AND TERMS OF EMPLOYMENT OF FIRE FIGHTER
EMPLOYEES OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California Government Code
Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's
representatives have met and conferred in good faith pertaining to the subject of wages, benefits,
and conditions of employment with members of the Morro Bay Fire Fighters; and
WHEREAS, the meeting between the Morro Bay Fire Fighters and the City has resulted
in a mutual agreement and understanding to recommend that the employees represented by Morro
Bay Fire Fighters accept all of the terms and conditions as set forth in a Memorandum of
Understanding, an agreement attached and made a part of this resolution herewith; and
• WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said
fire employees of the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does
hereby approve and adopt in full the Memorandum of Understanding as attached and made a part
of this resolution herewith.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 14th day of August, 1995 by the following vote:
AYES: Anderson, Novak, Yates
NOES: None
ABSENT: Crotzer, Unger
ATTEST:
is Ad4,m
DOLORES DAHLIN, Deputy City Clerk
• RESOLUTION NO. 95-95
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RECOGNIZING THE CALIFORNIA GOLD DISCOVERY
TO STATEHOOD SESQUICENTENNIAL
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a sawmill construction superintendent by the name
of James Marshall, while inspecting the flow of water in a
millrace on the south fork of the American River, discovered gold
on January 24, 1848; and
WHEREAS, the cry of "GOLD!" that echoed from the Sierra
Nevada foothills was heard throughout the nation and around the
world resulting in the California Gold Rush of 1849, the largest
human migration in history; and
WHEREAS, California's economic and geographic importance to
the United States was such that California became the 31st state
in the Union on September 9, 1850; and
• WHEREAS, the Honorable Governor Pete Wilson issued Executive
Order W-74-94 on January 24, 1994, establishing the California
Gold Discovery to Statehood Sesquicentennial Commission to
coordinate and oversee the 150th anniversary of these monumental
events, from January 1, 1998 through December 31, 2000; and
WHEREAS, it is important to present to the people of the
state, the nation, and the world a heightened sense of
California's unique human history, its ethnic diversity, its
enormous energy, breath -taking natural beauty, and innovative
technology; and
WHEREAS, the Sesquicentennial will stimulate economic
vitality through tourist -related job creation and promote a sense
of community pride through sharing its pioneering past with
future generations in the new millennium.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, California, urges all constituents to join in
the observation and commemoration of this momentous time in
California's history; and
BE IT FURTHER RESOLVED that the City Council of the City of
Morro Bay, California, in cooperation and participation with the
California Gold Discovery to Statehood Sesquicentennial
Commission, will coordinate with the City of Morro Bay
• Sesquicentennial commemoration through a Board -appointed
committee; and
• Resolution No. 95-95
Page Two
BE IT FURTHER RESOLVED that the City Council of the City of
Morro Bay, California, will create events and programs for their
constituents in conjunction with the California Gold Discovery to
Statehood Sesquicentennial Commission's established three-year
themes.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay, California, at a regular meeting thereof held on the 14th
day of August, 1995 on the following vote:
AYES: Councilmembers Anderson and Novak, Mayor Yates
NOES: None
ABSENT: Councilmembers Crotzer and Unger
ATTEST:
•
.DOLORES DAHLIN, DEPUTY CITY CLERK
•
CITY COUNCIL RESOLUTION NO. 94-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
APPROVING INTER -FUND TRANSFERS TO FINANCE THE ENERGY RETROFIT PROGRAM
WHEREAS, the City Council finds that the energy retrofit program is a worthy endeavor; and
WHEREAS, the City Council finds that the City of Morro Bay can reduce its overall costs of
operation by installing energy efficient lighting in public facilities throughout the City; and
WHEREAS, the City Council does not want to further burden the General Fund with additional
appropriations for this purpose; and
WHEREAS, the City Council finds that a portion of the previously approved transfer of monies
from the General Fund to the Transit Fund, for Fiscal Year 1994-95 can be reversed without undue
hardship upon the operations of the Transit Fund; _
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the
Fiscal Year 1994-95 operating budget is amended to authorize transfer of $27,635 from the Transit
• Fund to the energy retrofit project in the Capital Improvement Fund; and
BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the Fiscal Year
1995-96 operating budget is amended to transfer from existing departmental appropriations of the
General Fund, the Harbor Fund, the Sewer Fund and the Water Fund to the Capital Improvement
Fund the amount of $9,205 for the energy retrofit project.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Mono Bay, on the
14th day of August, 1995, by the following vote to wit:
AYES: Mayor Yates, Councilmembers Anderson & Novak
NOES: None
ABSENT: Councilmembers Crotzer and Unger
i
DOLORES F. DAHLIN
Deputy City Clerk
r1
U
RESOLUTION NO. 93-95
is RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY PETITIONING CALTRANS FOR
HIGHWAY I PEDESTRIAN CROSSING IN THE AREA
BOUNDED BY HIGHWAY 41 AND YERBA BUENA STREET
WHEREAS, State Highway 1 under the jurisdiction of the State of California Department of
Transportation (CalTrans), traverses the City of Morro Bay; and
WHEREAS, in the approximately two-mile length between State Highway 41 and Yerba
Buena Street there exists a single controlled pedestrian crossing facility, said crossing being at San
Jacinto Street; and
WHEREAS, some pedestrians in this area may encounter difficulty or inconvenience crossing
Highway I to access coastal resources, Morro Bay High School and other locations on the Highway;
and
WHEREAS, the City of Morro Bay and the State of California, through passage of laws,
regulations and policies, recognize the need to encourage the use of alternative modes of
transportation, including pedestrian, and to provide viable access to coastal resources, schools and
other destinations.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California,
• that the State of California Department of Transportation (CalTrans) is hereby petitioned to provide
additional and improved Highway 1 pedestrian crossings in the area bounded by Highway 41 and
Yerba Buena Street; and
BE IT FURTHER RESOLVED, CalTrans is hereby fiuther petitioned to establish the highest
priority for installation of said crossings in acknowledgment of the public benefit derived by providing
additional facilities to encourage pedestrian access to coastal resources, schools and other
destinations.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held on the 24th day of July, 1995, by the following vote:
AYES:
NOES:
ABSENT:
Anderson, Crotzer, Novak, Unger, Yates
None
None
WILLIAM YATES,
ATTEST:
BRIDGETI BAUER, City Clerk
RESOLUTION NO. 92-95
APPROVAL OF LEASE FOR LEASE SITE 62/62W BETWEEN
THE CITY OF MORRO BAY AND BRUCE AND KATHY LEWIS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront
described as Lease Site 62/62W; and,
WHEREAS, the City of Morro Bay and Bruce and Kathy Lewis previously held a lease
agreement for the Lewis's operation of Lease Site 62/62W; and,
WHEREAS, the Lewis's received City approval for assignment of Lease Site 62/62W to George
and Valerie Valenzuela who subsequently filed for Chapter 7 bankruptcy protection; and,
WHEREAS, the previous lease agreement for Lease Site 62/62W was not properly assumed into
the bankruptcy estate leaving the standing of the lease agreement and a note held by the Lewis's secured
by the previous leasehold interest a matter of dispute between the Lewis's and the City; and,
WHEREAS, the City and the Lewis's desire to resolve this dispute by executing a mutual release
and settlement agreement and by entering into a new lease agreement for the Lewis' operation of Lease
• Site 62/62W.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay that
approval is hereby given for a new lease agreement for Lease Site 62/62W by and between the City of
Morro Bay and Bruce and Kathy Lewis contingent on approval of a mutual release and execution of the
settlement agreement between the parties.
BE IT FURTHER RESOLVED, that the Mayor of the City of Morro Bay shall be authorized to
execute said lease upon execution of the mutual release and settlement agreement provided that said
mutual release and settlement agreement shall be executed no later than August 26, 1995.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held thereof on the 24th day of July, 1995, by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
• A.IAR/t�
BRIDGETT 8AUER, CITY CLERK
• TABLE OF CONTENTS - LEASE SITE 62162W
ARTICLE I TERMINATION OF PREVIOUS LEASE AND DESCRIPTION OF SITE ................................ 1
Section 1.01 Termination of Previous Lease...................................................................................................... 1
Section1.02 SITE............................................................................................................................................. I
Section 1.03 Condition of the SITE.................................................................................................................... e
ARTICLE2 FIXED TERM................................................................................................................................. ]
Section2.01 Term..............................................................................................................................................
Section2.02 No Extensions ...............................................................................................................................
Section2.03 Hold Over.....................................................................................................................................
ARTICLE3 RENT.............................................................................................................................................. I
Section3.01 Minimum Rent..............................................................................................................................
1
Section 3.02 Annual CPIAdiurtment to Minimum Rent.....................................................................................
3
Section 3.03 Five Year Calculation for New Minimum Rent..............................................................................
3
Section 3.04 Percenmee Rental.........................................................................................................................
4
Section3.05 Penalty andInterest......................................................................................................................
6
ARTICLE4 USE OF SITE..................................................................................................................................6
Section4.01 Permitted Use...............................................................................................................................
6
Section4.02 Unauthorized Use.........................................................................................................................
6
Section 4.03 Operation ofBusiness - Hours of Operation ..................................................................................
6
Section4.04 Competition-................................................................................................................................7
Section4.05 Tidelands Trust.............................................................................................................................7
Section 4.06 Compliance with Law ... ...... ..................................................................................
I........................ 7
Section 4.07 Waste or Nuisance........................................................................................................................
7
ARTICLE 5 CONSTRUCTION, REPAIRS AND ALTERATION.................................................................... 7
Section 5.01 Construction Approval.................................................................................................................. 7
Section5.02 Construction Bond........................................................................................................................ 8
• Section 5.03 Mechanics' Liens.......................................................................................................................... 8
Section 5.04 Ownership oflmprovements.......................................................................................................... 9
ARTICLE 6 HYPOTHECATION OF LEASE...................................................................................................9
ARTICLE 7 REPAIRS, MAINTENANCE AND RESTORATION................................................................... 9
Section 7.01 Maintenance by TENANT............................................................................................................. 9
Section 7.02 Seawalls and Revetment.............................................................................................................. 10
Section 7.03 Requirements ofGoverrtmental Aeencies.................................................................................... 10
Section7.04 Failure to Repair........................................................................................................................ 10
Section 7.05 TENANT'S DuN to Restore SITE................................................................................................ 10
Section7.06 Inspection by CITY..................................................................................................................... 10
Section 7.07 Option to Terminate Lease for Destruction................................................................................. 11
Section 7.08 Application oflnsurance Proceeds.............................................................................................. 11
ARTICLE S INDEMNITY AND INSURANCE...............................................................................I................ Il
Section 8.01 Indemnity Aereement.................................................................................................................. 11
Section 8.02 Liability Insurance...................................................................................................................... 11
Section 8.03 Worker's Compensation.............................................................................................................. 12
Section 8. 04 Fire and Casualty Insurance ....................................................................................................... 12
Section 8.05 Specific Perils to beInsured.. ...... ....................................... .......... ........................................... 13
Section 8.06 Deposit oflnsurance with CITY................................................................................................... 13
Section 8.07 Notice of Cancellation oflnsurance............................................................................................ 13
Section8.08 No Subroeation........................................................................................................................... 13
ARTICLE 9 TAXES AND UTILITIES.............................................................................................................
13
Section9.01 TENANT to Pay Tares................................................................................................................
13
Section 9.02 TENANT to Pau Licence and Permit Fees ...................................................................................
14
Section9.03 Utilities.............................................................. ...................................
........................... ........... 14
ARTICLE 10 CONDEMNATION....................................................................................................................
14
Section 10.01 Total Condemnation..... ............. --.......................................................................
..... ................ 14
Section 10. 02 Condemnation Award........................................... ...........................
.... ....... .... ...... ..... ................ 14
•
Section 10. 03 Termination for Partial Taking .................................................................................................
Section 10.04 Rent Abatement for Partial Takine............................................................................................
15
15
Section 10. 05 Convevance in Lieu of Eminent Domain....................................................................................
15
ARTICLE 11 ASSIGNMENT AND SUBLEASING........................................................................................ 16
Section H. 01 No Assignment Without CITY'.s Consent ........................ .......................
16
Section / 1. 02 Transfer o(Stock a.s Assignment........... _.._...............................................................................
16
Section 11.03 Application (or A.ssienmenf.......................................................................................................
16
Section 11.04 Probate Transfer or Assienment................................................................................................
17
Section 11.05 No Sub -lease Without CITY's Consent .......................................................................................
17
Section 11.06 Term of Sub -lease .....................................................................................................................
17 •
Section 11.07 Sub -Tenant Subiect to Lease Terms...........................................................................................
17
Section 11.08 Consent Form Agreement ..........................................................................................................
17
Section 11.09 TENANT Remains Liable..........................................................................................................
17
Section 11.10 Exception for Boafslips. A(atels.................................................................................................
18
ARTICLE 12 DEFAULT AND TERMINATION............................................................................................. 18
Section 12.01 Abandonment by TENANT........................................................................................................
18
Section 12.02 Termination for Breach by TFNANT in All Cases Except Failure to Pay Rent ...........................
18
Section 12.03 Termination for Failure to Pay Rent.........................................................................................
18
Section 12.04 Beneficiary May Cure Default..................................................................................................
18
Section 12.05 Attorney Fees for Breach not Resulting in Court Action............................................................
18
Section12.06 Damages for Breach.................................................................................................................
19
Section 12.07 Cumulative Remedies................................................................................................................
19
Section12.08 Waiver of Breach ......................................................................................................................
19
Section12.09 Surrender ofSlTE.....................................................................................................................
19
ARTICLE 13 MISCELLANEOUS....................................................................................................................
19
Section 13. 01 Attorney''s Fees..........................................................................................................................
19
Section13.02 Notices......................................................................................................................................
19
Section13.03 Governing Law..........................................................................................................................
10
Section 13.04 Binding on Heirs and Successors..............................................................................................
10
Section 13.05 PartialInvalidity ......................................................................................................................
20
Section 13.06 Sole and OnlyAgreement..........................................................................................................
20
Section13.07 Modification.............................................................................................................................
10
Section13.08 Time of Essence ........................................................................................................................
20
Section 13.09 Memorandum of Lease for Recording........................................................................................
20
Section 13. 10 Termination for Nuclear Disaster..............................................................................................
21
•
0
LEASE
• THIS LEASE is made and entered into by and between the CITY OF MORRO BAY, a
municipal corporation of the State of California herein called CITY, and Bruce and Kathy Lewis,
a married couple, as sole proprietors, dba,
herein called TENANT.
WITNESSETH
WHEREAS, the State of California granted certain tide and submerged lands located
within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being
Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874,
Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes
may be amended from time to time by the Legislature of the State of California; all of which
Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto;
and
WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY,
Lessor herein, succeeded to all of the right, title and interest of the County of San Luis Obispo in
and to all of the tide and submerged lands conveyed to said County by the State of California
pursuant to the above mentioned acts; and
WHEREAS, judgment has been entered on October 14, 1968, in the case of City of
Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by
the Superior Court of the State of California in and for the County of San Luis Obispo, #30417,
adjudging and decreeing, among other things, that the title to said tide and submerged lands so
conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above,
• passed automatically to the CITY upon the date of its incorporation as a CITY on the 17th day of
July, 1964; and
WHEREAS, TENANT accepts the within lease with full knowledge that there is no
warranty of title in and to the within described SITE by CITY to TENANT; and
WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in
carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for
the accommodation of those using Morro Bay Harbor, CITY leases to TENANT the within
described property upon the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the rent to be paid thereunder and of the
provisions, covenants and conditions herein contained, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
Article I TERMINATION OF PREVIOUS LEASE AND DESCRIPTION OF SITE
Section 1.01 Termination of Previous Lease
CITY and TENANT hereby mutually agree that the previous lease for Lease Site 62/62W
between the CITY and Robert and Marilyn Hittle, dated February 16, 1988 and subsequently
assigned to Bruce and Kathy Lewis was terminated as a consequence of the bankruptcy of George
and Valerie Valenzuela, dba San Simeon Sportfishing as outlined in the Mutual Release and
Settlement Agreement between the City of Morro Bay and Bruce and Kathy Lewis dated
1995.
• Section 1.02 SITE
Upon and subject to the provisions, covenants and conditions hereof, CITY hereby leases
and demises to TENANT, and TENANT hereby leases and takes from CITY, the SITE which is
the real property and improvements thereon known as Lease Site 62/62W including a 15' westerly
2
extension of Lease Site 62/62W in the City of Morro Bay, County of San Luis Obispo, State of
California. The SITE is described and outlined in yellow on the attached Exhibit A which is
incorporated by this reference as though fully set forth herein. The SITE, excluding the 15'
westerly extension of Lease Site 62/62W, is delineated on Parcel Map of the City of Morro Bay •
No. 68-30, which map was recorded on October, 10, 1968, in Book 3, Page 10 of Parcel Maps in
the Office of the County Recorder, San Luis Obispo County, California.
As used herein, the term "SITE" shall mean and include the SITE described above, all
existing improvements on the site and all improvements placed thereon by the TENANT pursuant
to this Lease.
Section 1.03 Condition of the SITE
Except as otherwise specifically provided for in this Lease, the SITE shall be conveyed to
TENANT in an "as is" condition. It shall be the sole responsibility of TENANT , at TENANT's
sole expense, to investigate and determine the conditions of the SITE, the condition of the
existing improvements on the SITE and the suitability of such conditions for the business to be
conducted by TENANT.
Article 2 FIXED TERM
Section 2.01 Term
The term of this lease shall be a period of approximately Twenty Three (23) years,
commencing July 1, 1995 and terminating without notice on September 30, 2018, unless sooner
terminated as herein provided, or by operation of law.
Section 2.02 No Extensions
The term of this lease shall not be extended nor shall this lease be renewed. Requests for
continued use of the SITE shall be treated as an application for a new lease and shall require •
appropriate application to the CITY with all required supporting information and documents,
CITY Council approval and the execution of a new CITY lease, containing the then most current
provisions, covenants, conditions and rent schedules.
Section 2.03 Hold Over
Should TENANT not relinquish actual physical possession of the SITE after the
expiration of the term of this lease, or if other wise terminated, with the consent of the CITY,
express or implied, such holding over (in the absence of a written agreement between CITY and
TENANT with respect thereto) shall be deemed to create a tenancy from month to month,
terminable on thirty (30) days written notice from either party to the other, at a monthly rental
equal to twice one -twelfth (1/12) of the total minimum and percentage rental for the preceding
twelve (12) months (equal to 1/6 annual rent per month), and otherwise subject to each and every
provision, covenant and condition of this lease.
TENANT shall indemnify and hold CITY harmless from any and all loss or liability,
including, but not limited to, claims of succeeding tenants, resulting from TENANT'S failure to
surrender possession of the SITE upon expiration of this lease, or upon termination of this lease
for any other reason.
Article 3 RENT
Section 3.01 Minimum Rent
TENANT agrees to pay to CITY in addition to the additional sums specified in Section
3.04, a minimum guaranteed annual rental for the use and occupancy of the SITE of Seven •
Thousand Three Hundred Fifty Three Dollars and Sixty Eight Cents ($7,353.68) per year payable
3
in advance in equal semiannual installments on the first days of January and July of each year
• commencing July 1, 1995. Said rental shall be paid in lawful money of the United States of
America, without offset or deduction and shall be paid to CITY at City Hall located at 595
Harbor Street, Morro Bay, California, or at such other place or places CITY may from time to
time designate by written notice delivered to TENANT.
Section 3.02 Annual CPT Adjustment to Minimum Rent
The parties agree that on July 1, 1996 and each July 1 thereafter, except as provided for in
Section 3.03, the minimum guaranteed annual rental shall be increased or decreased in direct
proportion to any upward or downward movement from the Consumer Price Index for January 1,
1995, which is hereby agreed to be 154.3. The Consumer Price Index referred to herein is the
Consumer Price Index (all items indexes, all urban consumers) for Los Angeles - Anaheim -
Riverside, California, compiled and published by the United States Department of Labor, Bureau
of Labor Statistics, 1982-84 Base Year = 100 (hereafter called Index.) The percentage
adjustment for any given year shall be based upon the average monthly index for twelve months
ending December 31st.
The minimum annual rental shall be adjusted once each year on July 1, and will remain in
effect as adjusted through June 30 of the following year, at which time it will be readjusted. (By
way of illustration only, if the Index was 130 on January 1, 1986 and the average monthly Index
from January 1986 through December 1986 equals 136 then the percentage increase is 4.62%.
Therefore the minimum guarantee annual rental then being paid by TENANT would be increased
by 4.62% commencing July 1, 1987 and continuing at that rate until June 30, 1988.)
If the United States Department of Labor, Bureau of Labor Statistics, shall cease to
• compile and make public the Index as now constituted and issued, but shall substitute another
index in its place, then said substituted index shall be used for the purpose of adjusting the
minimum rental for the SITE.
Section 3.03 Five Year Calculation for New Minimum Rent
A. At a reasonable time prior to July 1, 2000 and of each five-year period thereafter, an
appraisal shall be made of the fair market value of the SITE, excluding fixtures and improvements.
CITY, at its own cost and expense, shall retain an independent qualified appraiser for
determination of the fair market value of the Site and give written notification to TENANT.
TENANT shall have ten (10) calendar days after notification to disagree or object to CITY's
appraiser. If TENANT fails to notify CITY in writing of any disagreement or objection with
CITY's choice of appraiser the TENANT's failure to respond will be considered agreement with
CITY's choice.
If CITY and TENANT are unable to agree upon a mutually acceptable appraiser then each
party shall select one member of a three member committee. The two so selected members shall
select the third member and this committee shall by majority vote select an independent
professionally designated appraiser who is a member of the American Institute of Real Estate
Appraisers, or the Society of Real Estate Appraisers with a designation of MAI (Member of
American Institute), SRPA (Senior Real Estate Analysis), to appraise the fair market value of the
SITE. CITY and TENANT will evenly split the costs of the committee and the subsequent
appraisal. Each party or appraiser shall have thirty (30) calendar days to make their selection and
if either party or appraiser fails to make a selection, then the other party or appraiser may make
the selection. In the event that the appraisal process is not concluded on or before the five year
• adjustment date, TENANT shall pay minimum rent equal to 150% of the minimum rent for the
previous year and the minimum rent shall be adjusted retroactively to such five year adjustment
date as set out hereinbelow when said appraisal process is completed.
B. The total rent paid including both the minimum guaranteed annual rental and the
percentage of gross sales for each year within the applicable five year period shall be averaged to
produce the average annual total rent paid. •
C. Commencing July 1, 2000 and each 5 year period thereafter the new minimum annual rent
shall be set as follows.
1. The new minimum guaranteed annual rent due for the year commencing July 1,
2000 and all ensuing five year periods shall be the greater amount of seventy-five (75) percent of
the average of the total yearly rent paid during the previous five year period (as set out in
paragraph B. above) or eight (8) percent of the fair market value of said SITE (as established in
paragraph A above). The new minimum guaranteed annual rent figure shall be divided by two to
determine the semiannual payments and shall be paid by TENANT to CITY on the first of each
July and January thereafter. The new minimum rent shall be adjusted each following year in
proportion to any change in the Consumer Price Index as set out in Section 3.02 herein above
until the next 5 year calculation of new minimum rent. For the purposes of the annual CPI
adjustments as outlined in Section 3.02 a new base CPI shall be set by using the January index for
the year previous to the 5 year calculation of new minimum rent
Section 3.04 Percentage Rental
A. In addition to the minimum guaranteed annual rental specified hereinabove TENANT
agrees to pay to CITY at the time and in the manner hereinafter specified, as rent for the use and
occupancy of the SITE an additional sum equal to ten (10) percent of gross income from slip
rentals and five (5) percent of TENANT's gross sales as hereinafter defined from retail sales and
all other sales or income from the SITE, less the amount of the minimum guaranteed annual rental
paid pursuant to Section 3.01, 3.02, and 3.03 herein above.
B. The term "gross sales," as used herein, shall (subject to the exception and authorized •
deductions as hereinafter set forth), mean the total selling price and the total gross amount
received by TENANT from all rentals, merchandise sold and services rendered in, on or from said
SITE by TENANT, his subleasees, licensees, or concessionaires, both for cash and on credit
including, but not limited to, rentals of dockage space, leasing and servicing operations and ticket
sales, and if on credit whether or not payment be actually made therefore, all charges for services,
alterations or repairs to customer's property made in or upon said SITE; the gross amount
received by TENANT for merchandise sold pursuant to orders received in said SITE, though
filled elsewhere; and the gross amount received by TENANT from any and all other sources of
income derived from the business or businesses conducted upon said SITE.
C. Notwithstanding the provisions of Section 3.04 A. of this agreement, the term "gross
sales" shall not include the following items, and such items may be deducted from "gross sales" to
the extent they have been included therein or have been included in a prior computation of "gross
sales" or for which a percentage rental has been paid under this lease to CITY.
(1) Credits and refunds made to customers for merchandise returned or exchanged; and
(2) Any sales or excise taxes otherwise includable in "gross sales" as defined in this
Article because a part of the total selling price of merchandise or services rendered in, from, or on
said SITE where TENANT must account for and remit the taxes to the government entity or
entities by which they are imposed.
(3) Any discount fees paid by TENANT to a financial institution for the use of that
institution's credit card service. •
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(4) Sales on credit for which TENANT is unable to collect payment provided however
• that this deduction may not exceed 2% of TENANT's total gross sales.
D. TENANT shall keep or cause to be kept full, complete, and accurate records, and books
of account in accordance with accepted accounting practices showing the total amount of gross
sales, as defined herein, made each calendar month in, on or from said SITE. TENANT 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. Furthermore, TENANT shall at the time of sale and in the
presence of the customer cause the full selling price of each piece of merchandise, each rental
received and each service rendered in, on or from said SITE to be recorded in a cash register or
cash registers that have cumulative totals and are sealed in accordance with standard commercial
practices. Said records, books of account and cash register tapes, including any sales tax reports
that TENANT may be required to furnish any government or governmental agency shall at all
reasonable times be open to the inspection of CITY, CITY's auditor, or other authorized
representative or agent of CITY.
TENANT consents to the release of sales tax information to CITY and on demand will
furnish to CITY a copy of the sales tax reports, quarterly reports and any audit reports of sales for
confidential internal use of the CITY in determining gross sales for TENANT. TENANT
consents and authorizes CITY to request such information directly from the State Board of
Equalization or other state agency with which sales tax information is filed.
E. By July 31, of each year TENANT shall furnish CITY with a statement, to be certified by
TENANT as current, true and accurate, which shall set forth the gross sales (as defined herein) of
• each department, sub -lessee, licensee and concession operating in, on or from said SITE for the
previous twelve (12) calendar months, ending June 30, just concluded, and the authorized
deductions, if any, therefrom; and with it TENANT shall pay to CITY the amount of the
additional rental which is due to CITY as shown thereby. If TENANT shall at any time cause an
audit of sales of TENANT's business to be made by a public accountant, TENANT shall furnish
CITY with a copy of said audit without cost or expense to CITY. CITY may, once in any
calendar year, cause an audit of the business of TENANT to be made by a public accountant of
CITY's own selection. TENANT shall, upon receiving written notice of CITY's desires for such
an audit deliver and make available all such books, records and cash register tapes to the public or
certified public accountant selected by CITY. Furthermore, TENANT shall promptly on demand
reimburse CITY for the full cost and expense of said audit, should the audit disclose that the
questioned Statement or statements understated gross sales by five percent (5%) or more but less
than ten percent (10%). TENANT shall also immediately pay the additional rental with interest,
therein shown to be payable by TENANT to CITY. Otherwise the cost of such audit shall be paid
by CITY. In the event that an audit or other review of records discloses that the amounts
reported as gross sales was understated by TENANT by ten percent (10%) or more, CITY shall
not only be entitled to recovery from TENANT all costs of audit and review but shall also be
entitled to recovery from TENANT a penalty equal to two times the percentage of gross sales
rent due pursuant to this agreement on such unreported amounts.
F. CITY shall be entitled at any time within five years after the receipt of any such additional
rental payment, to question the sufficiency of the amount thereof and/or the accuracy of the
• statement or statements furnished by TENANT to justify the same. For the purpose of enabling
CITY to check the accuracy of any such statement or statements, TENANT shall for said period
of five (5) years after submission to CITY of any such statement keep all of TENANT's records,
including sales tax returns, all cash register tapes and other data which in any way bear upon or
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are required to establish in detail TENANT's gross sales of merchandise and services and any
authorized deductions therefrom as shown by any such statements and shall upon request make
the same available to CITY for examination. is
Section 3.05 Penalty and Interest
A. If any rent is not received within ten days following the date on which the rent first became
due, TENANT shall pay a late penalty of ten percent (10%) of the amount of the rent in addition
to the rent.
B. In addition to the penalty, TENANT shall pay interest at the rate of one percent (1%) per
month or fraction thereof or the maximum amount permitted by law as of the date this agreement
is signed, whichever is greater, on the amount of the rent, exclusive of the penalty, from the date
on which rent first became delinquent until paid. The term "rent" includes any sums advanced by
the CITY and any unpaid amounts due from TENANT to the CITY.
Article 4 USE OF SITE
Section 4.01 Permitted Use
The SITE shall, during the tern of this agreement, be used for the purpose of operating
and conducting thereon and therein the following: retail sales, fast food or snack bar service,
office provided such uses are in compliance with the City of Morro Bay's planning and zoning
regulations, berthing of vessels of size appropriate to the SITE and for uses normally incident to
and directly allied to such purposes and for no other purposes.
Section 4.02 Unauthorized Use
TENANT agrees to allow only those uses authorized in Section 4.01 above and that any
unauthorized use thereof shall constitute a breach of this agreement and shall, at the option of •
CITY terminate this lease. In the event the SITE is used for uses other than those specifically
authorized, then in addition to all other remedies allowed by law or authorized elsewhere in this
agreement, CITY shall be entitled to receive from TENANT and TENANT shall be required to
pay to CITY an additional rent calculated as a percentage of the "gross sales" as defined herein,
accountable to such unauthorized use, which is equal to twice what such percentage would have
been had such use been authorized in advance. Said additional rent shall be retroactive to the
commencement of such unauthorized use and shall continue until the unauthorized use is abated.
The parties agree and understand that the collection and acceptance by CITY of this additional
rent, shall not, in any way be deemed a waiver nor estoppel of CITY's right to require abatement
of the unauthorized use or at CITY's option to pursue any other remedies available at law or
equity.
Section 4.03 Operation of Business - Hours of Operation
Failure to actively and diligently conduct the business authorized herein, constitutes a
breach of this agreement and shall, at the option of CITY terminate this lease.
A. Commencing no later than October 1, 1995, and at all times thereafter, TENANT shall
during the term of this lease conduct business of the nature specified in Section 4.01 of this
agreement on the SITE in an efficient and diligent manner and keep said SITE open for the
conduct of business continuously and without interruption for at least six hours each day of the
year except one day each week and legal holidays. This provision shall not apply if said SITE
shall be closed and the business of TENANT is temporarily shut down for a period not to exceed
fourteen (14) calendar days in any calendar year to make minor or major repairs, maintenance or •
other construction deemed necessary by TENANT. Further this provision shall not apply if said
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SITE shall be closed and the business of TENANT is temporarily shut down as authorized or
. required by the CITY or on account of strikes, walkouts, or causes beyond the control of
TENANT or for not over three (3) days out of respect to the memory of an officer, employee, or
close relative of any officer or employee of TENANT.
E. TENANT shall operate TENANT's business on said SITE with due diligence and
efficiency and in like manner as comparable businesses in CITY or coastal area are operated, so as
to produce all of the gross sales and gross receipts from services which may be produced from
TENANT's business; and TENANT at all times shall carry on said SITE, a stock or merchandise
of such size, character, and quality as is reasonable, designed to produce the maximum return to
TENANT, when sales of goods and merchandise are a permitted use of this agreement.
Section 4.04 Competition
During the tens of this lease, TENANT shall not directly nor indirectly engage in any
similar or competing business within a radius of five (5) miles from the location of the SITE,
provided, however, that TENANT may, with prior written approval from CITY, own or operate
more than one business, whether or not competing and similar along the Embarcadero upon CITY
lease sites. The purpose of this Section is to prevent and prohibit TENANT from reducing
revenue to CITY by diverting business from his lease site operation to another similar business
owned by TENANT within the CITY but not upon a CITY lease site from which CITY is paid
rent based on gross sales.
Section 4.05 Tidelands Trust
TENANT shall use and occupy the SITE in complete compliance with the Tidelands Trust
purposes under which said SITE or any portion thereof are held by CITY pursuant to the grants
• from the State of California as set forth above.
Section 4.06 Compliance with Law
TENANT shall, at TENANT's sole cost and expense, comply with all of the requirements
of all local, municipal, county, state and federal authorities now in force, or which may hereafter
be in force, pertaining to the SITE, and shall faithfully observe in the use of the SITE all local,
municipal and county ordinances and state and federal statutes, rules and regulations now in force
or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the
admission of TENANT in any action or proceeding involving TENANT, whether CITY be a
party thereto or not, that TENANT has violated any such ordinance, statute, rule or regulation in
the use of the SITE shall be conclusive of that fact as between CITY and TENANT.
Section 4.07 Waste or Nuisance
TENANT shall not commit or permit the commission by others of any waste on the SITE;
TENANT shall not maintain, commit, or permit the maintenance or commission of any nuisance
as defined by law on said SITE; and TENANT shall not use or permit the use of said SITE for
any unlawful purpose.
Article 5 CONSTRUCTION, REPAIRS AND ALTERATION
Section 5.01 Construction Approval
TENANT shall not make or permit any other person to make any alterations or structural
additions or structural modifications to said SITE or to any structure thereon or facility
• appurtenant thereto if the cost thereof shall exceed ten thousand ($10,000) dollars, without the
written consent of CITY first had and obtained as follows:
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Prior to the commencement of any phase of future construction, TENANT shall submit to
the Morro Bay Planning Department for approval and recommendation to the CITY Council, a
development and improvement plan for the leased SITE which shall provide for the full and •
complete development of the leased SITE, showing all facilities, structures, landscaping or other
improvements to be constructed or installed on each portion of the lease SITE or facilities
appurtenant thereto, and shall include a detailed estimate of the cost of construction, and
installation of such improvements and a detailed schedule showing the proposed commencement
and completion date of each phase of the development and improvement.
Where required by the Morro Bay Municipal Code, California Coastal Act, Corps of
Engineers or any other agency having authority over the proposed project, Conditional Use
Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any other required plans
or permits shall be applied for and/or approved prior to any construction, alteration or repairs.
Section 5.02 Construction Bond
Prior to the commencement of any construction the cost of which is greater than the
amount of $10,000, TENANT shall file with the Morro Bay CITY Clerk a final detailed Civil
Engineers, Registered Architect's or Licensed and Bonded General Contractor's estimate of the
cost of construction and installation of improvements on the leased SITE. Said estimate must be
submitted to the CITY Engineer for approval. TENANT shall file with the Morro Bay CITY
Clerk a faithful performance bond, in a form and issued by a corporate surety company
satisfactory to CITY, in an amount equal to One Hundred percent (100%) of the final detailed
cost estimate, securing the faithful performance of TENANT or his contractor in the completion
of said construction.
TENANT shall also file with the Morro Bay CITY Clerk a laborandmaterials bond, in a
form and issued by a corporate surety company satisfactory to CITY, in an amount equal to fifty
percent (50%) of the final detailed cost estimate, securing the payment of all claims for the •
performance of labor or services on, or the furnishing of materials for, the performance of said
construction.
In lieu of the above referenced bonds, TENANT may post cash deposits or may make
other mutually satisfactory arrangements to guarantee the completion of construction projects. In
the event the contractor bonds the project he may name CITY as additional indemnitee to comply
with these requirements.
Section 5.03 Mechanics' Liens
At all times during the term of this lease, TENANT shall keep the SITE and all buildings
and improvements now or hereafter located on said SITE free and clear of all liens and claims of
liens for labor, services, materials, supplies, or equipment performed on or furnished to said SITE.
TENANT further agrees to at all times, save and hold CITY free and harmless and indemnify it
against all claims for labor or materials in connection with any improvement, repairs, or alterations
on the leased SITE, and the cost of defending against such claims, including reasonable attorney's
fees.
Should TENANT fail to pay and discharge or cause said SITE to be released from such
liens or claim of liens within ten (10) days after the filing of such lien or levy, TENANT shall upon
written notification be required to immediately deposit with CITY a bond conditioned for
payment in full of all claims on which said lien or levy has been filed. Such bond shall be
acknowledged by TENANT as principal and by a company or corporation, licensed by the
Insurance Commissioner of the State of California to transact the business of a fidelity and surety
insurance company as surety. The beneficiary of any security instrument which instrument is on •
record with CITY, shall have the right to file such a bond on behalf of TENANT.
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Section 5.04 Ownershin of Imnrovements
• All existing improvements and structures on the SITE shall, during the term of this lease,
be and remain the property of TENANT, provided, however, that TENANT shall have no right to
waste, destroy, demolish or remove the improvements, and provided, further, that TENANT's
rights and powers with respect to the improvements are subject to the terms and limitations of this
lease. At the termination of this lease, the structures and improvements on the SITE shall revert
to the ownership of CITY subject to the following:
A. At the expiration or sooner termination of this lease, CITY may, at CITY's election,
demand the removal from the SITE, at TENANT's sole expense, of all improvements, structures,
fixtures and/or furnishings, or of certain improvements, structures, fixtures and/or furnishings, by
giving notice as specified in Section 13.02 of this lease. Upon termination of this lease for any
reason, other than the natural expiration of the term of this lease, CITY may demand removal
concurrently with notice to TENANT of such termination.
Upon termination of this Lease, whether by expiration of the term or otherwise, all
improvements or structures not required to be removed by TENANT as provided in this Section
shall, without compensation to TENANT, then become CITY's property, free and clear of all
claims to or against them by TENANT or any third party. If CITY exercises its right to require
TENANT to remove structures and improvements from the SITE and TENANT fails to remove
such improvements and structures and return the SITE to a cleared and cleaned condition within
sixty (60) days after termination, then CITY shall have the right to have such structures and
improvements removed at the expense of TENANT.
B. TENANT shall defend and indemnify CITY against all liability and loss arising from any
• such claims to said improvements or structures by TENANT or any third party, or from CITY's
exercise of the rights conferred by this Section.
Article 6 HYPOTHECATION OF LEASE
CITY shall not be responsible for notifying any lien, encumbrance or security interest
holder in the SITE of any default in the performance of the lease by TENANT unless the lien,
encumbrance or security interest holder shall have previously been approved by CITY as required
by Section I I hereof and has kept CITY notified of any changes in the terms of such lien,
encumbrance or security interest including filing with the City Clerk a copy of same.
Article 7 REPAIRS, MAINTENANCE AND RESTORATION
Section 7.01 Maintenance by TENANT
At all times during the term of this lease, TENANT shall, at TENANT'S own cost and
expense, keep and maintain the SITE and all improvements now or hereafter on said SITE in
good order and repair and in a safe and clean condition. Furthermore, TENANT shall, at
TENANT'S own cost and expense, maintain at all times during the term of this lease the whole of
said SITE as well as any improvements, landscaping, or facilities thereon in a clean, sanitary, neat,
safe, tidy, orderly and attractive condition.
CITY may, at the sole option of CITY, clean, repair or clear said SITE, at TENANT'S
cost and expense, in the event TENANT fails to clean, repair or clear said SITE in accordance
• with this Section to the satisfaction of CITY after fifteen (15) days written notice to TENANT
from CITY of CITY's intent to exercise this option.
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Section 7.02 Seawalls and Revetment
At all times during the term of this lease, TENANT shall at TENANT'S own cost and
expense repair, maintain, replace and rebuild as necessary, the improvements, pilings, bulkheads, •
seawalls, revetment, piers, posts and any structures or other improvements located in the water
portion of the SITE. Further, TENANT shall at TENANT'S own cost and expense conduct
maintenance surveys at reasonable intervals to locate and determine needed repairs.
Section 7.03 Requirements of Governmental Agencies
At all times during the term of this lease, TENANT, at TENANT'S own cost and
expense, shall:
(1) Make all alterations, additions, or repairs to the SITE or the improvements or
facilities on said SITE required by any valid law, ordinance, statute, order, or regulation now or
hereafter made or issued by any federal, state, county, CITY or other governmental agency or
entity;
(2) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations
now or hereafter made or issued respecting said SITE or the improvements or facilities located
thereon;
(3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law
prior to the instigation of any repair or maintenance activity.
(4) Indemnify and hold CITY and the property of CITY, including said SITE, free and
harmless from any and all liability, loss, damages, fines, penalties, claims and actions resulting
from TENANT'S failure to comply with and perform the requirements of this Section.
Section 7.04 Failure to Repair
In the event failure to repair results in a hazardous or unsafe condition, CITY shall have
the right and option but not the obligation to close and prohibit access to the unsafe portion of the •
leased SITE until such repairs are completed and accomplished and the SITE rendered safe for
public use. Failure by CITY to enforce any of the provisions of this Article shall not constitute a
waiver of these provisions and CITY may at any time enforce all of the provisions of this Article,
requiring all necessary repairs, rebuilding or replacement.
Section 7.05 TENANT'S Duty to Restore SITE
Should, at any time during the term of this lease, any buildings or improvements now or
hereafter on said SITE be destroyed in whole or in part by fire, theft, the elements, or any other
cause not the sole fault of CITY, this lease shall continue in full force and effect and TENANT, at
TENANT'S own cost and expense, shall repair and restore the damaged or destroyed building,
buildings, improvement, or improvements according to the original plan thereof or according to
such modified plans therefore as shall be approved in writing by CITY. The work of repair and
restoration shall be commenced by TENANT within one hundred eighty (180) days after the
damage or destruction occurs and shall be completed with due diligence not longer than one (1)
year after the work is commenced. In all other respects, the work of repair and restoration shall
be done in accordance with the requirements for construction work on said SITE set forth in
Article 5 of this Lease.
Section 7.06 Inspection by CITY
TENANT shall permit CITY or CITY's agents, representatives, or employees to enter the
SITE at all reasonable times for the purpose of inspecting said SITE to determine whether
TENANT is complying with the terms of this agreement and for the purpose of doing other lawful •
acts that may be necessary to protect CITY's interest in said SITE under this agreement or to
perform CITY's duties under this lease.
Section 7.07 Option to Terminate Lease for Destruction
Notwithstanding the provision of Section 7.05 of this lease, TENANT shall have the
option of terminating this lease for destruction on the last calendar day of any month by giving
CITY at least thirty (30) days prior written notice of TENANT'S intent to do so and by
removing, at TENANT'S own cost and expense, to the satisfaction of CITY, all debris and
remains of the damaged improvements from the SITE where:
(1) Any buildings or improvements now or hereafter on said SITE are so damaged or
destroyed by fire, theft, the elements, or any cause not the fault of TENANT or CITY during the
last ten (10) years of the tern of this lease that they cannot be repaired and restored as required
by Section 7.05 of this agreement at a cost not exceeding thirty-five (35) percent of the cost of
replacing all buildings and improvements if totally destroyed then, immediately preceding the
calamity damaging or destroying the damaged buildings or improvements, located on said SITE.
(2) Any buildings or improvements now or hereafter on said SITE are so damaged or
destroyed by fire, theft, the elements, or any cause not the fault to TENANT or CITY during the
last five (5) years of the term of this lease that they cannot be repaired and restored as required by
Section 7.05 of this lease at a cost not exceeding fifteen (15) percent of the cost of replacing all
buildings and improvements if totally destroyed then, immediately preceding the calamity
damaging or destroying the damaged or destroyed buildings or improvements, located on said
SITE.
Section 7.08 ADDlication of Insurance Proceeds
• Any and all fire or other insurance proceeds that become payable at any time during the
term of this lease because of damage to or destruction of any buildings or improvements on the
SITE shall be paid to TENANT and applied by TENANT toward the cost of repairing and
restoring the damaged or destroyed buildings or improvements in the manner required by Section
7.05 of this lease; provided, however, that should TENANT exercise the option given TENANT
by Section 7.07 of this lease to terminate this lease because of damage to or destruction of
buildings or improvements on said SITE, then, in that event, any and all fire or other insurance
proceeds that become payable because of such damage or destruction:
(1) Shall be applied first to the TENANT's exact documented costs for clearing the
damaged or destroyed improvements to the satisfaction of CITY.
(2) Shall be applied next toward the reduction of the unpaid principal balance of the
obligation secured and discharging said SITE from any then outstanding encumbrance or
encumbrances incurred by TENANT and approved by CITY pursuant to Article 6 and Article I I
of this agreement; and
(3) Then the balance of the proceeds, if any, shall be paid to CITY to compensate CITY,
at least in part, for the loss to its ownership interest in the damaged or destroyed buildings or
improvements.
Article 8 INDEMNITY AND INSURANCE
Section 8.01 Indemnity Agreement
TENANT shall indemnify and hold CITY and the property of CITY, including said SITE
• and any buildings or improvements now or hereafter on said SITE, free and harmless from any
and all liability, claims, loss, damages, or expenses resulting from TENANT'S occupation and use
of said SITE, specifically including, without limitation, any liability, claim, loss, damage, or
expense arising by reason of
IVA
(1) The death or injury of any person, including TENANT or any person who is an
employee or agent of TENANT, or by reason of the damage to or destruction of any property,
including property owned by TENANT or by any person who is an employee or agent of •
TENANT, from any cause whatever 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;
(2) The death or injury of any person, including TENANT or any person who is an
employee or agent of TENANT, or by reason of the damage to or destruction of any property,
including property owned by TENANT or any person who is an employee or agent of TENANT,
caused or allegedly caused by either (a) the condition of said SITE or some building or
improvement on said SITE, or (b) some act or omission on said SITE of TENANT or any person
in, on, or about said SITE with or without the permission and consent of TENANT;
(3) Any work performed on said SITE or materials furnished to said SITE at the instance
or request of TENANT or any person or entity acting for or on behalf of TENANT.
(4) TENANT'S failure to perform any provision of this agreement or to comply with any
requirement of law or any requirement imposed on TENANT or said SITE by any duly authorized
governmental agency or political subdivision.
Section 8.02 Liability Insurance
TENANT shall at TENANT'S own cost and expense, secure promptly after the execution
of this agreement and maintain during the entire term of this lease a broad form comprehensive
coverage policy or policies of comprehensive general public liability, TENANT'S business
automobile coverage and property damage insurance, each with the combined single limit of not
less than $1,000,000.00 issued by an insurance company acceptable to CITY and authorized to
issue liability insurance in California, and which shall list CITY as the named primary additional •
insured, without offset to CITY's policies as respects all operations of TENANT. Any
deductibles or self -insured retentions must be declared to and approved by CITY. The terms of
said policies may be for such period as shall be designated by TENANT; provided however, that
within two (2) months prior to the expiration date of such insurance terms, TENANT shall
procure other policies of said insurance so that between the execution of this agreement and the
commencement of the lease term, and throughout the entire lease term or any renewal thereof, or
until the sooner termination hereof, CITY, its officials, employees, agents and volunteers shall
always be added as named primary additional insured under the policies of comprehensive general
liability, business automobile coverage, and property damage insurance, in accordance with the
foregoing.
CITY may at any time require TENANT to increase the minimum coverage limits for
insurance required by this agreement, but every such increase shall be reasonable under the
circumstances and in no event shall such increases more than double in any ten year period, except
as required in Section 8.04.
Section 8.03 Worker's Compensation
TENANT shall maintain at TENANT'S own expense and keep in full force and effect
during the term of this lease, Worker's Compensation Insurance as provided by law. Said
insurance shall contain a waiver provision of subrogation rights against CITY.
Section 8.04 Fire and Casualty Insurance
TENANT shall, at TENANT'S own cost and expense, at all times during the term of this •
lease keep all buildings, improvements, and other structures on the SITE, as well as any and all
additions thereto, insured for at least ninety (90) percent of their full insurable value by insurance
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companies authorized to issue such insurance in California against loss or destruction by fire and
• the perils commonly covered under the standard and special form endorsement to fire insurance
policies in the CITY. Any loss payable under such insurance shall be payable to TENANT,
CITY, and any lender under an encumbrance incurred by TENANT and approved by CITY
pursuant to Article 6 as their interests may appear. Any proceeds received because of a loss
covered by such insurance shall be used and applied in the manner required by Section 7.08 of this
lease.
Section 8.05 Specific Perils to be Insured
Notwithstanding anything to the contrary contained in Section 8.04 of this agreement, the
insurance required by Section 8.04 shall, whether or not included in the standard extended
coverage endorsement mentioned in Section 8.04, insure all buildings, improvements, and other
structures on said SITE, as well as any and all additions thereto, against loss or destruction by
water damage, windstorm, cyclone, tornado, hail, explosion, riot, riot attending a strike, civil
commotion, malicious mischief, vandalism, aircraft, fire, smoke damage, and sprinkler leakage.
Furthermore, the insurance required by Section 8.04 of this lease during the construction of said
building project described in Article 6 shall have course of construction, vandalism, and malicious
mischief clauses attached insuring said project during its construction and all materials delivered
to the site of said building project for their full insurable value.
Section 8.06 Deposit of Insurance with CITY
TENANT shall within ten (10) days after the execution of this agreement 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
• endorsement to each insurance policy required by this Article 8 and a certificate executed by the
insurance company or companies or their authorized agent evidencing such policy or policies.
Section 8.07 Notice of Cancellation of Insurance
Each insurance policy required by this Article 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
agreement for service of notices on CITY by TENANT.
Section 8.08 No Subrogation
Each insurance policy required under this lease including those insuring TENANT against
claims, expense, or liability for injury to persons or property shall provide that the insurer shall not
acquire by subrogation any right to recovery which TENANT has expressly waived in writing
prior to the occurrence of the loss. TENANT hereby waives any right of recovery against CITY
for each such claim, expense, liability, or business interruption. TENANT agrees that if TENANT
fails to acquire such insurance TENANT shall not have a claim against CITY for loss of fixtures
or inventory or business interruption.
Article 9 TAXES AND UTILITIES
Section 9.01 TENANT to Pay Taxes
TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed
• to TENANT on the SITE by reason of this lease or of any equipment, appliances, improvement,
or other development of any nature whatsoever, erected, installed, or maintained by TENANT or
by reason of the business or other activity of TENANT upon or in connection with said SITE.
TENANT shall also pay before delinquency all possessory interest taxes applicable to the SITE.
14
Section 9.02 TENANT to Pay License and Permit Fees
TENANT shall pay any fees imposed by law for licenses or permits for any business or
activities including construction of TENANT upon the SITE. •
Section 9.03 Utilities
TENANT shall pay, or cause to be paid, and hold CITY and the property of CITY
including the SITE free and harmless from all charges for the furnishing of gas, water, electricity,
telephone service, and for other public utilities to said SITE during the term of this lease and for
the removal of garbage and rubbish from said SITE during the term of this lease.
Article 10 CONDEMNATION
Section 10.01 Total Condemnation
If title and possession to all of the SITE is taken for any public or quasi -public use under
any statute, or by the right of eminent domain, then this lease shall terminate on the date that
actual physical possession of the SITE is taken from TENANT, and both CITY and TENANT
shall thereafter be released from all obligations including rent which shall be prorated to the date
of termination, except those specified in Section 10.02 of this agreement.
Section 10.02 Condemnation Award
ti Any compensation or damages awarded or payable because of the taking of all or any
portion of the SITE by eminent domain shall be allocated between CITY and TENANT as
follows:
A. All compensation or damages awarded or payable for the taking by eminent domain of any
land that is part of the said SITE shall be paid to and be the sole property of CITY free and clear •
of any claim of TENANT or any person claiming rights to said SITE through or under TENANT.
B. All compensation or damages awarded or payable which is specifically attributed by the
taking party to the "good will" of TENANT'S business shall be paid to and be the sole property
of TENANT.
C. All compensation or damages awarded or payable because of any improvements
constructed or located on the portion of said SITE taken by eminent domain where only a portion
of said SITE is taken by eminent domain and TENANT is not entitled to or does not terminate
this lease shall be applied in the manner specified in Section 10.04 toward the replacement of such
improvements with equivalent new improvements on the remaining portions of said SITE.
D. All compensation or damages awarded or payable because of any improvements
constructed or located on the portion of said SITE taken by eminent domain where this lease is
terminated because of the taking by eminent domain, whether all or only a portion of said SITE is
taken by eminent domain, shall be allocated between CITY and TENANT as follows:
1. That percentage of the compensation or damages awarded or payable because of
the improvements that equals the percentage of the full term of this lease that has, at the time of
the taking, not expired shall belong to and be the sole property of TENANT.
2. That percentage of the compensation or damages awarded or payable because of
the improvements that equals the percentage of the full term of this lease that has, at the time of •
the taking, expired shall belong to and be the sole property of CITY.
15
3. The term "time of the taking' as used in this subparagraph shall mean 12:01 a.m.
• on the date title, or the date actual physical possession of the portion of said SITE on which the
improvements are located is taken by the agency or entity exercising the eminent domain power,
whichever shall first occur.
E. Any severance damages awarded or payable because only a portion of said SITE is taken
by eminent domain shall be:
1. The sole and separate property of TENANT during the first five (5) years of the
term of this lease;
2. Equally divided, except to the extent needed to replace any improvements taken by
eminent domain with equivalent improvements on the remaining portion of said SITE where
TENANT cannot or does not terminate this lease, between CITY and TENANT during the sixth
(6th) to nineteenth (19th) years of the term of this lease; and
3. The sole and separate property of CITY during the last five (5) years of the term
of this lease.
Section 10.03 Termination for Partial Takina
Should, during the term of this lease, title and possession of only a portion of the SITE be
taken for any public or quasi -public use under any statute, or by right of eminent domain,
TENANT may, at TENANT'S option, terminate this lease by serving written notice of
termination on CITY within ninety (90) days after TENANT has been deprived of actual physical
possession of the portion of said SITE taken for such public use. This lease shall terminate on the
first day of the calendar month following the calendar month in which the notice of termination
• described in this Section is served on CITY. On termination of this lease pursuant to this Article,
all sub -leases and sub -tenancies in or on said SITE or any portion of said SITE created by
TENANT under this lease shall also terminate and said SITE shall be delivered to CITY free and
clear of all such sub -leases and sub -tenancies, provided, however, that CITY may, at CITY's
option, by mailing written notice to a sub -tenant allow any sub -tenant to attom to CITY and
continue his or her occupancy on said SITE as a TENANT of CITY. On termination of this lease
pursuant to this Section, however, both CITY and TENANT shall be released from all
obligations, except those specified in Section 10.02 of this lease, agreement.
Section I0.04 Rent Abatement for Partial Taking
Should, during the term of this lease, title and possession of only a portion of said SITE be
taken under the power of eminent domain by any public or quasi -public agency or entity and
TENANT does not terminate this lease, then this lease shall terminate as to the portion of said
SITE taken under eminent domain on the date actual physical possession of the portion taken by
eminent domain is taken by the agency or entity exercising the eminent domain power.
Furthermore, the rent payable under this agreement shall, as of that time, be reduced in the same
proportion that the value of the portion of said SITE taken by eminent domain bears to the full
value of said SITE at that time; provided, however, that TENANT shall replace any
improvements or facilities with equivalent new facilities on the remaining portion of said SITE
and do all other acts at TENANT'S own cost and expense required by the eminent domain taking
to make the remaining portion of said SITE fit for the use specified in this agreement.
Section 10.05 Conveyance in Lieu of Eminent Domain
• A voluntary conveyance by CITY, with the consent of TENANT, of title to all or a
portion of said SITE to a public or quasi -public agency or entity in lieu of and under threat by
such agency or entity to take the SITE or a portion thereof by eminent domain proceedings shall
16
be considered a taking of title to all or such portion of said SITE under the power of eminent
domain subject to the provisions of this Article.
•
Article 11 ASSIGNMENT AND SUBLEASING
Section 11.01 No Assignment Without CITY's Consent
Except as provided in Section 11.02 of this agreement, TENANT shall not assign,
mortgage, pledge, encumber or otherwise transfer this lease, any right or interest in this lease, or
any right or interest in the SITE or any of the improvements that may now or hereafter be
constructed or installed on said SITE without the express written consent of CITY evidenced by
resolution of City Council first had and obtained. Any assignment or transfer by TENANT
without the prior written consent of CITY, whether it be voluntary or involuntary, by operation of
law or otherwise, is void and shall, at the option of CITY, terminate this lease. A consent by
CITY to one assignment or transfer shall not be deemed to be a consent to any subsequent
assignment or transfer of this lease by TENANT. CITY shall not unreasonably nor arbitrarily
withhold approval to the assignment or transfer of this lease to an assignee or transferee who is
financially reliable and qualified to conduct one or more of the permitted used for which this lease
was granted.
It is mutually agreed that the personal qualifications of the persons named herein as
TENANT is a part of the consideration for granting of this lease and TENANT does hereby agree
ti to maintain active control and supervision of the use or uses conducted on said SITE.
Section 11.02 Transfer of Stock as Assignment
Should TENANT be a corporation, an unincorporated association, or a partnership, or
should TENANT'S interest in this lease be assigned to a corporation, an unincorporated
association, or a partnership, pursuant to Section 11.01 of this agreement, any transfer or •
assignment of any stock or interest in the corporation, unincorporated association or partnership,
totaling in the aggregate more than forty (40) percent of all such stock or interest in the
corporation, unincorporated association or partnership, shall be considered an assignment or
transfer of this lease requiring the prior written consent to CITY; provided, however, that an
assignment or transfer from TENANT to a corporation of which TENANT owns 100% of the
shares and any assignment or transfer of shares to a shareholder's spouse, children, or
grandchildren caused by the shareholder's death shall be excepted from this provision. provided
that TENANT give CITY detailed notice of said excepted transfers including a complete list of
the new ownership of the leasehold interest.
Section 11.03 Application for Assignment
A condition of an assignment or transfer shall be that TENANT shall file with the CITY
an application to assign or transfer the lease prepared by the prospective assignee or transferee.
Concurrently with filing the application, TENANT shall pay a fee, to be determined by CITY, in
cash or certified or cashier's check to enable CITY adequately to investigate the proposed
assignee or transferee's qualifications as a permitted assignee or transferee. CITY shall not be
required to account for the use of the sum paid. If the proposed assignee or transferee's net worth
on the date of assignment is not sufficient to reasonably guarantee successful operation of the
leased SITE, CITY may require TENANT to guarantee such assignee's obligations hereunder for
such period as CITY determines. Net worth shall mean the amount by which the total of all
assets shall exceed the total of all liabilities as determined in accordance with general accepted
accounting principles as approved by CITY's auditor, or other authorized representative or agent. •
n
Section 11.04 Probate Transfer or Assignment
• Nothing herein contained will prevent the transfer of this lease by will, or by operation of
law under the intestacy provisions of the California Code as it may from time to time be amended.
Probate sale of the leasehold interest will not be permitted without the consent of the CITY,
evidenced by resolution of City Council , first had and obtained.
Section 11.05 No Sub -lease Without CITY's Consent
TENANT shall not sub -lease the whole nor any part of the lease SITE, or suffer any other
person (the agents and employees of TENANT excepted) to occupy or use the leased SITE, or
any portion thereof, without the written consent of CITY evidenced by prior written approval of
the Harbor Director first had and obtained. A consent to one subletting, occupation, or use by
another person shall not be deemed to be a consent to any subsequent subletting, occupation, or
use by another person. Any such subletting without CITY's written consent shall be void, and
shall at CITY's option, terminate this lease. City shall not unreasonably nor arbitrarily withhold
consent to one who is qualified and financially reliable.
Section 11.06 Term of Sub -lease
In no event shall the term of any sub -lease extend beyond the term of this master lease.
Termination of this lease prior to the expiration of this lease term shall also terminate any and all
sub -leases, provided, however, that CITY may, at CITY's option by mailing written notice to a
sub -tenant, allow any sub -tenant to attom to CITY and continue his or her occupancy on said
SITE as a TENANT of CITY.
Section 11.07 Sub -Tenant Subiect to Lease Terms
• Any and all sub -leases shall be expressly made subject to all the provisions, covenants, and
conditions of this agreement. A breach of the terms of this agreement by a sub -tenant shall
constitute a breach on the part of TENANT and shall subject both the sub -tenant and TENANT
to all the remedies provided to CITY herein and by law. Failure to report and pay the agreed
percentage of gross sales as provided herein by any sub -tenant shall constitute a breach of this
agreement. TENANT hereby agrees to and does guarantee payment of such percentage rentals
due by a sub -tenant under the terms of this agreement.
Section 11.08 Consent Form Agreement
Prior to any consent by CITY to any sub -lease hereof, TENANT shall cause to be
executed between TENANT and any sub -lessee an agreement making the CITY a third party
beneficiary, in a form acceptable to CITY, whereby the sub -tenant agrees to be bound by all of the
provisions, covenants and conditions of this agreement. Further, it is agreed by TENANT that
agreement any default by the sub -lessee of any of the terms, covenants and conditions of the
master lease shall be deemed to be violations by TENANT of the master lease and that all
remedies of CITY for such violation, including termination of the master lease, shall immediately
be enforceable by CITY against TENANT. Further, it is agreed that TENANT must apply any
and all moneys received from any sub -tenant first to the payment of obligations of the sub -tenant
to CITY.
Section 11.09 TENANT Remains Liable
Prior to approval by CITY to any sub -lease hereof, TENANT shall agree to be primarily
and jointly and severally liable to CITY for all obligations due CITY by any sub -tenant, including
• the payment of rents, and TENANT shall agree that CITY may proceed directly against
TENANT for any obligation owing CITY by the sub -tenant.
18
Section 11.10 Exception for Boatslips, Motels
Notwithstanding any provisions herein to the contrary, the terms "assignment,"
"subletting," "occupation," or "use," shall not be construed or interpreted to mean or include the
temporary, short term renting or leasing of boat slips, motel, hotel, or apartment accommodations •
on the SITE.
Article 12 DEFAULT AND TERMINATION
Section 12.01 Abandonment by TENANT
Should TENANT breach this agreement and abandon said SITE prior to the natural
expiration of the term of this lease, CITY may continue this lease in effect by not terminating
TENANT'S right to possession of said SITE, in which event CITY shall be entitled to enforce all
CITY's rights and remedies under this agreement including the right to recover the rent specified
in this agreement as it becomes due under this agreement.
Section 12.02 Termination for Breach by TENANT in All Cases Except Failure to Pay
Rent
All provisions, covenants and conditions contained in this agreement are declared to be
conditions of this agreement and to the term hereby demise to TENANT. Should TENANT
default in the performance of any covenant, condition, or provision contained in this agreement
and the default not be cured within thirty (30) days after written notice of the default is served on
TENANT by CITY, then CITY may terminate this lease immediately, and that in the event of
"4 such termination, TENANT shall thereupon forthwith remove from said SITE and shall have no
further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and
take possession of the SITE subject to appropriate legal process.
Section 12.03 Termination for Failure to Pay Rent
If any default be made in the payment of rental as herein provided and such default shall •
not be cured within three (3) days after written notice thereof, CITY shall have the option to
immediately terminate this lease; and that in the event of such termination, TENANT shall have
no further right or claim thereto and TENANT shall thereupon forthwith remove from said SITE
and CITY shall immediately thereupon have the right to re-enter and take possession of the SITE
subject to appropriate legal process.
Section 12.04 Beneficiary May Cure Default
CITY shall afford the beneficiary of any security instrument in the SITE the right to cure
any default by TENANT of the covenants, conditions, or agreements hereof, within the period
hereinabove mentioned after written notice thereof, which said period shall be computed from the
date said notice is mailed by the CITY to said beneficiary, by certified mail; provided, however,
that said beneficiary has filed with the City Clerk a copy of said security instrument..
Section 12.05 Attorney Fees for Breach not Resulting in Court Action
In the event the CITY finds it necessary to retain an attorney in connection with the
default by the TENANT or enforcement of any of the provisions, conditions, and covenants of
this agreement, even though not resulting in an action in court, TENANT shall pay reasonable
attorney's fees as reimbursement to CITY. Non-payment of attorneys' fees by TENANT within
(3) days of written notice shall give rise to an independent legal action by CITY to collect same.
If CITY is successful in such legal action CITY shall also be entitled to attorney fees and costs for
the collection action.
•
19
Section I2.06 Damages for Breach
• Should TENANT default in the performance of any covenant, condition or provision
contained in this agreement and the default be incurable or not be cured within the time period set
forth hereinabove, then CITY may terminate this lease and:
A. Bring an action to recover from TENANT:
(1) The worth at the time of award of the unpaid rent which had been earned at the
time of termination of the lease;
(2) The worth at the time of award of the amount by which the unpaid rent which
would have been earned after termination of the lease until the time of award exceeds the amount
of rental loss that TENANT proves could have been reasonably avoided;
(3) The worth at the time of award of the amount by which the unpaid rent for the
balance of the term after the time of award exceeds the amount of rental loss that TENANT
proves could be reasonably avoided; and
(4) Any other amount necessary to compensate CITY for all detriment proximately
caused by TENANT'S failure to perform his obligations under this lease; and
B. Bring an action, in addition to or in lieu of the action described in subparagraph (I) of this
section, to re-enter and regain possession of said SITE in the manner provided by the laws of
unlawful detainer of the State of California then in effect.
Section 12.07 Cumulative Remedies
The remedies given to CITY in the Article shall not be exclusive but shall be cumulative
with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in
this agreement.
is The
12.08 Waiver of Breach
The waiver by CITY of any breach by TENANT of any of the provisions of this
agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by
TENANT either of the same or a different provision of this agreement.
Section 12.09 Surrender of SITE
On expiration or sooner termination of this lease, TENANT shall surrender said SITE, all
improvements in or on said SITE, and all facilities in any way appertaining to said SITE, to CITY
in as good, safe, and clean condition as practicable, reasonable wear and tear excepted.
Article 13 MISCELLANEOUS
Section I3.01 Attorney's Fees
Should any litigation be commenced between the parties to this lease concerning the
SITE, this lease, this agreement, or the rights and duties of either in relation thereto, the party,
CITY or TENANT, prevailing in such litigation shall be entitled, in addition to such other relief as
may be granted in the litigation, to a reasonable sum as and for attorney's fees in such litigation
which shall be determined by the court in such litigation or in a separate action brought for that
purpose.
Section 13.02 Notices
Any and all notice or demands by or from CITY to TENANT, or TENANT to CITY,
• shall be in writing. They shall be served either personally, or by registered or certified mail. Any
notice or demand to CITY may be given to the CITY Clerk of the CITY of Morro Bay, City Hall,
Morro Bay, California. Any notice or demand to TENANT may be given at:
20
Bruce & Kathy Lewis
372 Equestrian Way
Arroyo Grande CA 93420 •
Such addresses may be changed by written notice by either party to the other party.
Section 13.03 Governing Law
This lease, and all matters relating to this agreement, shall be governed by the laws of the
State of California in force at the time any need for interpretation of this agreement or any
decision or holding concerning this lease arises.
Section 13.04 Binding on Heirs and Successors
Subject to the provisions herein relating to assignment and subletting each and all of the
provisions, conditions, and covenants herein contained shall be binding upon and inure to the
benefit of the heirs, executors, administrators, successors, and permitted assigns of any and all of
the parties hereto, and all of the parties hereto shall be jointly and severally liable hereunder.
Section 13.05 Partial invalidity
Should any provision of this agreement be held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full
force and effect unimpaired by the holding.
Section 13.06 Sole and Only Agreement
This instrument constitutes the sole and only agreement between CITY and TENANT
respecting said SITE, the leasing of the SITE to TENANT, or the provisions, conditions and
covenants herein specified, and correctly sets forth the obligation of CITY and TENANT to each
other as of its date. Any agreements or representations respecting said SITE, this lease to is
by CITY, or any other matter discussed in this agreement not expressly set forth in this
instrument are null and void. No modification, amendment, or alteration of this agreement shall
be valid unless it is in writing and signed by both parties.
Section 13.07 Modification
This agreement shall not be modified except pursuant to a written agreement executed by
the MAYOR and CITY CLERK pursuant to prior CITY Council approval. Notwithstanding
CITY Council approval, no agreement shall become effective until such agreement is in fact
executed by the MAYOR and CITY CLERK. TENANT understands that this agreement may not
be modified by oral statements by any person representing the CITY including the MAYOR and
CITY CLERK. TENANT specifically agrees not to rely on oral statements, purported oral
waivers, or purposed oral modifications and agrees not to rely upon purported written
modifications unless they meet the requirements of this paragraph and are approved in writing
pursuant to formal City Council action and a subsequent written modification signed by the
MAYOR and CITY CLERK.
Section 13.08 Time of Essence
Time is expressly declared to be the essence of this lease.
Section 13.09 Memorandum of Lease for Recording
Neither party, CITY or TENANT, shall record this agreement without the written consent
of the other. However, CITY and TENANT shall, at the request of either at any time during the
term of this lease, execute a memorandum or "short form" of this agreement for purposes of, and •
in a form suitable for, being recorded. The memorandum or "short form" of this agreement shall
21
describe the parties, CITY and TENANT, set forth a description of the SITE, specify the term of
• this lease, and shall incorporate this agreement by reference.
Section 13.10 Termination for Nuclear Disaster
This lease may be terminated by TENANT by ten day written notice in the event of a
nuclear explosion or leak of substantial nature of the Diablo Nuclear Power Plant or the
declaration of war by the United States of America.
EXECUTED on July 25 1 1995, at Morro
San Luis Obispo Countv. California.
CITY OF MORRO BAY
ATTEST:
•
BRMGET AUER, CITY CLERK
Approved as to Form
(5(
CITY ATTORNEY
TENANT
BRUCE LEWIS
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KATHY 64AS
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• RESOLUTION NO. 91-95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
SUPPORTING THE "WEATHER 3" PROJECT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the current most popular source of local weather information used by
the commercial and recreational fishing industries is NOAA weather radio; and
WHEREAS, the most important component of the NOAA weather radio is the
updated wind speed and direction information from various reporting locations and data
sources; and
WHEREAS, fishermen cross-reference and compare between location data reported
in the broadcasts in order to judge the direction and rate of progress of weather changes;
and
WHEREAS, initially NOAA weather radio was set up to broadcast marine and
offshore weather conditions. However, due to budget constraints and diminished
• operating resources, have forced radio broadcasts to address needs of a wider audience;
and
WHEREAS, NOAA weather radio broadcasts now include reports on inland weather
conditions, which dominate the message content; and
WHEREAS, fishermen must wait through a lengthy report, up to 15 minutes, to hear
the desired marine elements; and
WHEREAS, the National Weather Service may be decommissioning several of these
vital offshore weather buoys off the coast of California that have proved indispensable to
mariners in the past; and
WHEREAS, the Santa Barbara County Fisheries Enhancement Fund program
administrators and the National Weather Service are pursuing an alternative dedicated
"Weather 3" radio broadcast; and
WHEREAS, "Weather 3" will provide wind speed and direction data from island -
based reporting stations around the Channel Islands; and
WHEREAS, "Weather 3" could include offshore conditions received from fishing
vessels via cellular phone; and
• WHEREAS, the fishing community supports an additional weather radio broadcast
frequency.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does
hereby support the "Weather 3" project.
PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting
thereof held this 24th day of July, 1995 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
I IMPLY. WE, WJOWTWW-F.A�
M-I�� is
E
. RESOLUTION NO. 90-95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY
ESTABLISHING THE RECREATION COST RECOVERY CATEGORIES FOR
THE FISCAL YEAR 1995-96
THE CITY COUNCIL
City of Morro Bay
WHEREAS, the City Council has reviewed the existing
pricing and fee setting policies for the City, first
established in 1992; and,
WHEREAS, the Recreation and Parks Commission in
conjunction with staff has reviewed the recreation services
pricing policy and service cost recovery levels; and,
WHEREAS, the City Council has reviewed the
recommendation in relation to the City's Fiscal Year 1995-96
Adopted Budget.
NOW, THEREFORE, BE IT RESOLVED, the Recreation Services
Cost Recovery categories for the Fiscal Year 1995-96 Budget
as attached hereto and marked Exhibit "A" are approved.
• PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held thereof on this 24th day
of July, 1995 by the following roll call vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ATTEST:
BRIDGETT AUER
CITY CLEAR
u:\word\council\res90-95.DOC
•
• EXHIBIT 91AII
RECREATION AND PARKS
CITY OF MORRO BAY
1995-96 F.Y.
COST RECOVERY CATEGORIES FOR
RECREATION SERVICES
ACTIVITY
CATEGORY
Youth Sports League
Merit
Service
Adult Sports League
Merit
Service
Contract Instruction
Private
Service
Swim Lessons
Private
Service
Informal Aquatics
Enhanced
Service
Informal Sports (Open Gym)
Merit
Service
Kid's Club (Summer and Afterschool)
Merit
Service
• Kids Club (School Breaks and Holidays)
Private
Service
Excursions - Trips
Private
Service
Clubs
Enhanced
Service
Triathlon (Adult and Youth)
Private
Service
Co -Sponsored Events/Special Events
Basic
Service
Running Events
Private
Service
Softball Tournament
Private
Service
Recreational Swim
Enhanced
Service
Sports Camps (Summer)
Enterprise
Service
Approved: Resolution No.
0 u/w/council/cstrcvey
RECREATION SERVICES FEE PRICING POLICY
• PAGE 1
RECREATION AND PARRS DEP
CITY OF MORRO BAY
RECREATION SERVICES FEE PRICING POLICY
PURPOSE OF FEES
Fee and charges for recreation services are charged for four (4)
primary reasons. First, the need to provide services without
increasing taxes is self-evident and generally supported City-wide.
Second, the charging of fees promotes equity in that those who
benefit from a recreation service pay for the service and users from
outside the community pay more for the same services. Third, the
charging of fees increases accountability so precious government
financial resources are not squandered by a few members of the
public. Fourth and finally, the charging of fees generally provides
for a positive attitude on the part of users due to enhanced respect
and esteem for the usefulness of the service.
REVENUE OBJECTIVE
In establishing the recreation services pricing policy the City
recognizes the need to continue producing revenue from recreation
services that meet the traditionally attainable goal of 75% cost
• recovery from all recreation budget units for General Fund
reimbursement. The City, in adopting this policy, establishes an
overall 75% cost recovery rate to the General Fund for recreation
budget units.
FEE/PRICING DEFINITIONS
For the purposes of establishing a method to determine fees and
establishing prices for recreation services, definitions of the
components of the price -setting formula are required.
Direct Expense - Those expenses which can be attributed
directly to the provision of a specific recreation program
including but not limited to the cost of labor (with benefits)
services, utilities, training, rentals and supplies. Direct
expenses include promotional expenses, receipt processing,
staffing and other costs associated with offering the activity.
Indirect Expense - Those expenses identified as part of the
costs attributed to the provision of, or in support of a group
of recreation services which vary with the number of
participants. Costs are primarily labor (benefits) for
supervision and observation in conducting activities. Examples
of these expenses include promotional design, information and
referral, supervision and other expenses of this type.
0
•
RECREATION SERVICES FEE PRICING POLICY
PAGE 2
Overhead Expenses - Those expenses necessary in the provision
of recreation services which do not vary with the number of
participants and are of such a nature that the amount cannot be
determined readily for each recreation services or group of
services including, but not limited to office utilities,
management costs, office supplies, etc. These cost expenses
include such items as payroll, personnel, administrative and
legal services of the City.
DETERMINING COST OF SERVICES
The process for determining costs of services shall require the
calculation of direct expenses and indirect expenses based on the
previous definitions.
Direct Expenses - Shall be clearly identified and listed as
such when the cost of these services is calculated. Hourly
rate of employees shall include all fringe benefits as
established by the City's Finance Department. However,
overhead charges shall not be included in hourly rates used for
employees.
Indirect Expenses - Shall be established by completion of a
time allocation study by Recreation and Parks personnel every
• year. The results of the time allocation study will be used to
calculate cost allocations based on the hourly rate with fringe
benefits of employees as established by the Finance Department.
Time allocations shall allocate only time spent by employees in
servicing recreation activity participants or necessary to the
provision of the activity.
Overhead Expenses - Shall not be calculated as part of the cost
of a recreation service for the cost recovery categories of
Private Services, Merit Services, Enhanced Services and Basic
Services. Overhead and capital costs may be recovered from
Enterprise Services.
COST RECOVERY/SUBSIDIZATION RATE
The City shall annually review the City's recreation offerings and
determine which of the following general cost recovery rate
categories each group of programs falls under. The City Council
shall make this determination after consultation with, and
recommendation by the Recreation and Parks Commission.
Enterprise Services - High demand service where fees are easily
charged for highly -individualized and specialized services.
Capital and overhead costs may also be recovered in this cost
recovery category. Cost Recovery Rate: 100%+.
0
•
RECREATION SERVICES FEE PRICING POLICY
PAGE 3
Private Services - These services largely benefit individual
adults and children and those who do not participate derive no
direct benefit. A sense of accomplishment and recognition are
provided. Cost Recovery Rate: 80-100%
Merit Services - Generally programs that are educational
promote personal development and/or health of area youth and
adult teams. Wide -spread participation or a desire to
participate exists. Cost Recovery Rate: 70-79%
Enhanced Services - Programs that provide a sense of belonging
to the community, benefit the community as a whole and
typically serve special groups such as seniors, disabled,
youth -at -risk, low-income. Cost Recovery Rate: 35-50%
Basic Services - Determined as an essential service to the
community and difficult to establish individual costs, these
services increase the attractiveness of the City as a place to
live or bring the community together for an event or activity
to establish a sense of community. These programs may also
serve as the basis for tourism promotion. Cost Recovery Rate:
0-10%
FEE ESTABLISHMENT
• Upon adoption of the City's annual budget, each activity shall be
grouped into a cost recovery rate category. City staff then
determines the actual cost for the activity/service. The cost
recovery rate for the activity and the exact fee will be determined
after completion of an area fee review.
The area fee review requires staff to make a survey of fees charged
by other non-profit and profit -making agencies in the area for
review and comparison with City activity costs. Upon completing the
area fee review City staff shall establish fees for each activity
that best meet the market conditions for this service within the
cost recovery rate percentage range approved by City Council.
u/w/council/feepolcy
C � J
' RESOLUTION NO. 89-95
APPROVAL OF FUNDING FOR EXTERIOR DESIGN SCHEME OF 2 NEW
DIAL -A -RIDE VEHICLES
THECITYCOUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay purchased two (2) new Dial -A -Ride vehicles that were
delivered at the beginning of August; and
WHEREAS, the cost for each vehicle including tax, delivery and paint is $55,514.56; and
WHEREAS, the City of Morro Bay has a Caltrans grant in the amount of $44,000 and a
Local Match in the amount of $11,000 for each vehicle; and
WHEREAS, the $514.56 not covered by the Caltrans grant and Local Match should be taken
from the Morro Bay Dial -A -Ride Advertising account because the exterior design scheme
incorporates recommendations from the Marketing Plan performed by Stephen A. Nukes and
Associates.
NOW, THEREFORE, BE IS RESOLVED that the City Council of the City of Morro Bay
• approves funding for the exterior design scheme of 2 new Dial -A -Ride vehicles using funds from
a Caltrans grant, Local Match, and Dial -A -Ride Advertising account.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 14th day of August 1995 by the following vote:
AYES: Anderson, Novak, Yates
NOES: None
ABSENT: Crotzer, Unger
ABSTAIN: None
ATTEST:
• DOLORES DAHLIN, Deputy City Clerk
• RESOLUTION NO. 88-95
RESOLUTION APPROVING A REQUEST BY MORRO BAY GARBAGE SERVICE FOR A
RATE INCREASE AND DECREASING THE SOLID WASTE FRANCHISE FEE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Morro Bay Garbage Service (MBGS) entered into a Solid Waste Franchise
Agreement with the City of Morro Bay effective January 1, 1992; and
WHEREAS, under the terms and conditions of said Agreement MBGS collects residential
and commercial solid waste; and
WHEREAS, under the terms and conditions of said Agreement MBGS bills customers for
the cost of this collection; and
WHEREAS, a Franchise Fee in the amount of 28.60% of said gross revenues was duly
established and is collected by MBGS on behalf of the City; and
• WHEREAS, pursuant to Section 28 of said Agreement MBGS has submitted a rate increase
request and documentation adequate to justify said request; and
WHEREAS, it can be determined based upon evidence that MBGS is operating in a
reasonably efficient and effective manner; and
WHEREAS, granting of said rate increase is appropriate; and
WHEREAS, said increase provides the opportunity to decrease the percentage franchise fee
while maintaining the current revenue level.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
California that it is hereby determined that Morro Bay Garbage Service is operating in a reasonably
efficient and effective manner: and
BE IT FURTHER RESOLVED, that a rate increase in the amount of 12% (twelve percent)
effective September 1, 1995 be granted to Morro Bay Garbage Service; and
BE IT FURTHER RESOLVED, that effective January 1, 1996 the City Franchise Fee shall
be reduced to 26.66% (twenty-six and sixty-six one hundredths percent) of Morro Bay Garbage
Service gross revenues.
9
• PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held the loth day of July, 1995 by the following vote:
AYES: Yates, Novak, Anderson
NOES: Unger, Cromer
ABSENT: None
ABSTAIN: None
ATTEST:
�� JZA-4f)
• DOLORES DAHLIN, Deputy City Clerk
•
• RESOLUTION NO. 86-95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY
CONFIRMING DIAGRAM BOUNDARIES AND LEVYING AN ASSESSMENT
FOR THE BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, on July 23, 1990 the City Council, upon written
request of all property owners in Bayshore Village did adopt
Resolution No. 97-90 ordering the formation of a landscaping and
lighting assessment district to maintain Bayshore Bluffs Park; and,
WHEREAS, on May 8, 1995 the City Council did adopt Resolution
No. 54-95 setting a hearing on the annual assessment amount for the
Bayshore Bluffs Maintenance Assessment District for June 12, 1995 at
6:00 p.m. in the Veteran's Memorial Building; and,
WHEREAS, on June 12, 1995 the City Council did rescind
Resolution No. 54-95 and continued to public hearing/protest hearing
to July 10, 1995 at 6 p.m. in the Veteran's Memorial Building.
WHEREAS, copies of the adopted resolution of Council intent,
•assessment district diagram and Engineer's report detailing the
proposed assessment and listing the date, time and place of the
protest hearing are attached to this resolution marked Exhibit "A";
and,
WHEREAS, the City Council did hear objections of all interested
parties at a duly noticed hearing as to the levy of annual
assessment for the maintenance of Bayshore Bluffs Park on July 10,
1995 at the Veteran's Memorial Building.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that the diagram of the Bayshore Bluffs Park
Maintenance Assessment District generally located as shown on
Exhibit "A" attached hereto is hereby confirmed and the assessment
of $7,168 for the 1995-96 Fiscal Year is hereby confirmed.
BE IT FURTHER RESOLVED by the City Council of the City of Morro
Bay that the Bayshore Bluffs Park Maintenance Assessment District be
dissolved after Fiscal Year 1995-96 and the Homeowners will no
longer be assessed for the maintenance of the park.
BE IT FURTHER RESOLVED by the City Council of the City of Morro
Bay that adoption of this resolution shall constitute the levy of an
assessment for the 1995-96 fiscal year and the City Clerk shall file
the diagram and assessment with the County of San Luis Obispo
Auditor by the 7th day of September, 1995.
•
RESOLUTION NO. 86-95
• PAGE 2
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting thereof held this loth day of July, 1995 by the
following roll call vote:
AYES: Novak, Unger, Yates
NOES: Anderson, Crotzer
ABSENT: None
ATTEST:
&444r-, Aa�
DOLORES DAHLIN
DEPUTY CITY CLERK
• u/u/council/resB6-95
0
• RESOLUTION NO. 85-95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
RELATING TO THE CLASSIFICATION, COMPENSATION,
AND TERMS OF EMPLOYMENT OF MANAGEMENT
EMPLOYEES OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California Government Code
Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's
representatives have met and conferred in good faith pertaining to the subject of wages, benefits,
and conditions of employment with the management employees; and
WHEREAS, the meeting between the management employees and the City has resulted in
a mutual agreement and understanding to recommend that the employees represented by
management employees unit accept all of the terms and conditions as set forth in a Memorandum
of Understanding, an agreement attached and made a part of this resolution herewith; and
• WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said
management employees of the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does
hereby approve and adopt in full the Memorandum of Understanding as attached and made a part
of this resolution herewith.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this I Oth day of July, 1995 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
• �I /�1�.0iLP� .
DOLORES DAHLIN, Deputy City Clerk
• RESOLUTION NO.84-95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
RELATING TO THE CLASSIFICATION, COMPENSATION,
AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES
OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California Government Code
Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's
representatives have met and conferred in good faith pertaining to the subject of wages, benefits,
and conditions of employment with the Morro Bay Peace Officers' Association; and
WHEREAS, the meeting between the Morro Bay Peace Officers' Association and the
City has resulted in a mutual agreement and understanding to recommend that the employees
represented by the Morro Bay Peace officers' Association accept all of the terms and conditions
as set forth in a Memorandum of Understanding, an agreement attached and made a part of this
resolution herewith; and
• WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said
police employees of the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does
hereby approve and adopt in full the Memorandum of Understanding as attached and made a part
of this resolution herewith.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 10th day of July, 1995 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
DOLORES DAHLIN, Deputy City Clerk
RESOLUTION NO. 83-95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
RELATING TO THE CLASSIFICATION, COMPENSATION,
AND TERMS OF EMPLOYMENT OF CONFIDENTIAL
EMPLOYEES OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California Government Code
Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's
representatives have met and conferred in good faith pertaining to the subject of wages, benefits,
and conditions of employment with the confidential employees; and
WHEREAS, the meeting between the confidential employees and the City has resulted in
a mutual agreement and understanding to recommend that the employees represented by
confidential employees unit accept all of the terms and conditions as set forth in a Memorandum
of Understanding, an agreement attached and made a part of this resolution herewith; and
• WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said
confidential employees of the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does
hereby approve and adopt in full the Memorandum of Understanding as attached and made a part
of this resolution herewith.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this I Oth day of July, 1995 by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
DOLORES DAHLIN, Deputy City Clerk
. RESOLUTION NO. 82-95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA
RELATING TO THE CLASSIFICATION, COMPENSATION,
AND TERMS OF EMPLOYMENT OF MISCELLANEOUS
EMPLOYEES OF THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California Government Code
Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's
representatives have met and conferred in good faith pertaining to the subject of wages, benefits,
and conditions of employment with S.E.I.U. Local No. 817; and
WHEREAS, the meeting between S.E.I.U. Local No. 817 and the City has resulted in a
mutual agreement and understanding to recommend that the employees represented by S.E.I.U.
Local No. 817 accept all of the terms and conditions as set forth in a Memorandum of
Understanding, an agreement attached and made a part of this resolution herewith; and
• WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said
miscellaneous employees of the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does
hereby approve and adopt in full the Memorandum of Understanding as attached and made a part
of this resolution herewith.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 1 Oth day of July, 1995 by the following vote:
AYES: Anderson, Cromer, Novak, Unger, and Yates
NOES: None
ABSENT: None
ATTEST:
• __EL�k�l�d �( �`G���I.LcJ
DOLORES DAHLfN, Deputy City Clerk
a RESOLUTION NO. 81 -95
AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO
CONTRACT NO. 91-102-038: $2,000,000 LOAN WITH
THE DEPARTMENT OF BOATING & WATERWAYS.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay and the Department of Boating and
Waterways entered into Contract No. 91-102-038 a $2,000,000 loan agreement for
reconstruction of the South T-Pier on July 22, 1991; and
WHEREAS, the loan agreement was amended to lower the interest rate on the
loan in May, 1993 per First Amendment to the contract; and
WHEREAS, the loan agreement was amended a second time to extend the period
for completion of construction one year; and
WHEREAS, the City of Morro Bay requested that the Department of Boating and
Waterways amend the loan further to provide for a change in the final request for
disbursement date to July 1, 1996; and
WHEREAS, the Department of Boating and Waterways has agreed to these
• changes and incorporated them into the Third Amendment to Contract No. 91-102-038.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that the Mayor is hereby authorized to execute the Third Amendment to
Contract No. 91-102-038 with the Department of Boating and Waterways.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting held thereof on the 1 Oth day of July, 1995, by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
RESOLUTION NO. 78-95
RESOLUTION CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED
ABATEMENT PROCEDURE AND MAKING ASSESSMENTS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay Ordinance Title 8, Chapter 8.12 requires the abatement
of weeds and other nuisances on a yearly basis; and
WHEREAS, weeds and other nuisances have been abated as per Title 8, Chapter 8.12 of the
Morro Bay Municipal Code for the year 1995.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay,
California as follows:
That no objections to said report and -assessment have been made.
2. That the written report now being submitted to the City Council by City staff setting forth an
itemized report of the cost of abatement in front of or on each separate parcel of land where
work was done by the Contractor is hereby approved as submitted.
•�
3. Said report shall be filed in the office of the City Clerk and said City Clerk shall file a certified
copy of said report with the San Luis Obispo County Auditor on or before August 10th of
each year; and
4. The County Auditor shall thereon enter each assessment on the County Tax roll opposite the
parcel of land, and shall thereupon proceed to collect such assessments in accordance with
the provisions of government Code Sections 39581 through 39588 inclusive.
PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting
held on the 10th day of July, 1995, by the following vote:
AYES: Anderson, Crotzer, Novak, Unger, Yates
NOES: None
ABSENT: None
ABSTAIN: None
ATTE T:
DOLORES DAHLIN, Deputy City Clerk