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Resolution 01-97 to 89-97
RESOLUTIONS i 1997 NO. TITLE ADOPTED 82-97 Approving Sublease for a Portion of Lease Site 87-88/87W-88W Between George Leage and Larry Peterman dba Hotlix 11-24-97 83-97 Amending the Adopted Rules and Regulations for Use of Piers, Docks and Mooring Areas Within the Corporate Limits of the City 11-24-97 84-97 Approving Claims for Transportation • Development Act Funding for Fiscal Year 1997/1998 12-08-97 85-97 VOID 86-97 Modifying Special Water Rates for Licensed Health Care Facilities 12-08-97 87-97 Assigning Lease Site 62/62W from Bruce & Kathy Lewis to Bob Reed and Frank Loving 12-08-97 88-97 Approving Sublease for a Portion of Lease Site 91-92/91 W-92W Between Christa Lopez and Gretchen Blackman, Dba Mermaids 12-08-97 89-97 Granting One to Four Years Additional Service Credit 12-08-97 W • RESOLUTIONS 1997 NO. TITLE ADOPTED 76-97 Authorizing Submission of Surface Transportation Program Funding Applications for the Quintana Road Bikeway Project and Roundabout Study 11-10-97 77-97 Approving Fire Department Automatic Aid Agreements with the California Department of Forestry and the South Bay Fire Department 11-10-97 • 78-97 Adopting Findings Waiving Fees and Granting an Award of Water Equivalency Units to Peoples' Self Help Housing Corp. For the Construction of a 12-Unit Apartment Complex for Affordable to Low Income Families 11-10-97 79-97 Restoring Two -Way Traffic Circulation and Parallel On -Street Parking on Monterey Avenue Between Pacific and Harbor Streets 11-24-97 80-97 Approving the Application for Grant Funds For the Environmental Enhancement and Mitigation Program Under the Section 164.56 of the Streets and Highways Code for the Quintana Road Bikeway Project I 1-24-97 81-97 Approving Assignment of Lease Site 89/89W From Ralph & Shirley Gunther • to E. Kurt Steinmann 11-24-97 RESOLUTIONS 1997 NO. TITLE ADOPTED 68-97 Requesting Governor Wilson to Sign SB 368 To Fund Highway One Traffic Signal Project Local Cost Share Through PVEA Funds 09-22-97 of e3 1 VOID 70-97 Prohibiting Skateboarding and Roller Skating From Public Property Designated For and During the Annual Morro Bay Harbor Festival 09-22-97 71-97 Authorizing Application for Participation in the Federal Surplus Property Program 10-27-97 72-97 Approving Assignment of Lease Site 65-66/ 65W-66W from James & Beverly Maul to Abba and Kristen Imani 10-27-97 73-97 Authorizing Increased Credit Line and Use Of Credit Cards 10-27-97 74-97 Recommending to the Pacific Fisheries Management Council to Eliminate Proposed New Monthly Trawl Fishing Quotas 10-27-97 75-97 Accepting Offer of Dedication for Public Street Sidewalk Purposes Along the Dunes Street, Front Street and Embarcadero Frontages of 998 Embarcadero 11-10-97 • RESOLUTIONS 1997 NO. TITLE ADOPTED 62-97 Authorizing Grant Application for Yerba Buena/Highway One Traffic Signal Project Local Coast Share Through a Hazard Elimination Safety Program Grant 08-25-97 63-97 Approving Assignment of Lease Site 87-88/87W-88W from Ralph and Shirley Gunther to George Leage 08-25-97 64-97 Approving Amendment to Water Rights • Agreement Dated August 10, 1982 Between Roandoak of God and the City 08-25-97 65-97 Approving an Application for Funding and The Execution of a Grant Agreement from The Planning/Technical Assistance Allocation Of the State Community Development Block Grant Program 08-25-97 66-97 Amending the Operating and Capital Improvement Budgets and Making Supplemental Appropriations for Fiscal Year 1996/1997 09-22-97 67-97 Authorizing Filing of a Notice of Completion For Project No. PW 96-34; Chorro Creek Bridge and Approving Agreement and Grant of Easement With State Department of Parks And Recreation 09-08-97 • RESOLUTIONS 1997 NO. TITLE ADOPTED 57-97 Approving to Fund Further Analysis, Feasibility Study of the Boating Access Facility Committee Conceptual Plans For Additional Boating Access Facilities In Morro Bay 07-28-97 58-97 Supporting the Redeployment and Permanent Funding for the Cape San Martin Weather Buoy 08-11-97 • 59-97 Approving an Application and Contract Execution for Funding from the Enterprise Fund Component of the Economic Development Allocation of the State Community Development Block Grant Program and Authorizing the Execution of a Grant Agreement and Any Amendments Thereto with the State of California For the Purposes of this Grant 08-25-97 60-97 Awarding Contract for a Study to Assess Sustainable Service and Funding Alternatives For Transit Service in Morro Bay to James Brown & Associates 08-25-97 61-97 Removing On -Street Parking Prohibition Along a Portion of Quintana Road, East of South Bay Boulevard 08-25-97 is RESOLUTIONS 1997 NO. TITLE ADOPTED 50-97 Approving Funding for Entrance Signs Advertising City Events, Approving Funding For Trolley Advertising, and Approving Funding for Improvements Along Morro Bay Boulevard 06-23-97 51-97 Adopting Findings Granting an Award of Water Equivalency Units for Addition to The Morro Bay Library 06-23-97 • 52-97 Adopting a Policy for Negotiation of Payment Plans for the Payment of Parking In -Lieu Fees 07-14-97 53-97 Approving Amendment to Departmental Procedures Allowing the Closure of Non - Safety City Offices (Monday -Friday, 1:30 pm — 3:30 pm) 07-14-97 54-97 VOID 55-97 Repealing Resolution No. 51-97 and Adopting Findings Granting an Award of Water Equivalency Units for an Addition to the Morro Bay Library and Waiving all City Fees 07-28-97 56-97 Ordering the Levy of the Annual Assessment For the North Point Natural Area Landscaping And Lighting Assessment District 07-28-97 n U • RESOLUTIONS 1997 NO. TITLE ADOPTED 44-97 Authorizing the Allocation of Monies From The Transient Vendor Tax Fund to Perform Improvements Along Morro Bay Blvd. 06-09-97 45-97 Approving Agreement with San Luis Obispo County Flood Control and Water Conservation District to Increase the Reliability of State Water 06-09-97 46-97 Approving the Application for Grant Funds For the Coastal Resources Grant Program • Under Section 35030/35031 of the Public Resources Code for the Quintana Road Riparian Corridor Enhancement Project 06-23-97 47-97 Declaring the City's Intention to Levy the Annual Assessment for the Maintenance Of the North Point Natural Area 06-23-97 48-97 Establishing Appropriations Limit for Fiscal Year1997/1998 06-23-97 49-97 Approving the Application for Grant Funds For the Coastal Resources Grant Program Under Section 35030/35031 of the Public Resources Code for the Update of the City's Local Coastal Program and Associated General Plan Elements 06-23-97 Ci • RESOLUTIONS 1997 NO. TITLE ADOPTED 38-97(a) Approving Cooperative Agreement with the State of California for a Traffic Signal on Highway One at Yerba Buena Street 05-27-97 38-97(b) Clarifying Approval of the Participation of the City in the Central Coast Recycling _ Market Development Zone 06-09-97 39-97 Adopting Employer Pick -Up Resolution Pre -Tax Payroll Deduction Plan for • Service Credit Purchases 06-09-97 40-97 Designating the Intersections of Morro Bay Blvd. & Shasta Ave., and Morro Bay Blvd. & Monterey Ave. as Stop Intersections, and Authorizing and Directing the Installation of Stop Signs On All Entrances to Said Intersections 06-09-97 41-97 Amending the 1997/1998 Master Fee Schedule 06-09-97 42-97 Adopting the Operating and Capital Improvement Budgets and Making Appropriations for Fiscal Year 1997/98 06-09-97 43-97 Removing Designated Loading Zone on Morro Bay Blvd. East of Monterey Ave. 06-09-97 • RESOLUTIONS 1997 NO. TITLE ADOPTED 32-97 Approving Amendments to Chapter V Of the Local Coastal Plan, and Portions Of Chapter II of the General Plan to Implement the 1995 Certified Water Management Plan 05-12-97 33-97 Initiating Proceedings to Levy the Annual Assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District 05-12-97 • 34-97 Designating the Front Street Parking Lot Project and Property Acquisition for Use Of In -Lieu Parking Fees 05-27-97 35-97 Accepting Project No. PW 94-94, Floating Dock Reconstruction Project as Completed By Associated Pacific Constructors and Authorizing the Filing of a Notice of Completion 05-12-97 36-97 Acknowledging the Work and Endorsement Of the Recommendations by the San Luis Obispo County Policy Panel on Youth Access To Alcohol and Tobacco 05-27-97 37-97 Approving an Agreement Between the City And the State Department of Parks and Recreation for Construction of Improvements • To State Park Road 05-27-97 11 RESOLUTIONS 1997 NO. TITLE ADOPTED 26-97 Approving Award of a New Ten -Year Lease for Lease Site 34W to John Herbel, Robert Herbel, Janice Meyers and Jane Williamson 27-97 Approving the Adoption of a City -Wide Records Retention Schedule 28-97 Approving Correction to Deed for City Sewer Easement Through Pacific Gas & Electric Company on Morro Bay Power Plant Property 29-97 Adopting the Bikeway Planning Study 30-97 Accepting Project No. PW 95-02; Tidelands Phase III Dock Project as Completed by Associated Pacific Constructors and Authorizing the Filing of a Notice of Completion 31-97 Approving Lease With the U.S. Coast Guard for Berthing and Work Shack Space on the North T-Pier, and Parking Spaces in the Vicinity of the North T-Pier 04-14-97 04-28-97 04-28-97 04-28-97 05-27-97 • RESOLUTIONS 1997 NO. TITLE ADOPTED 20-97 Authorizing the Mayor to Execute a Letter To Congress Requesting Initiation of a Feasibility Study on Habitat Restoration/ Protection by the Army Corps of Engineers 03-10-97 21-97 VOID 22-97 Approving the Application of a Grant From The Air Pollution Control District for the Trolley 03-24-97 • 23-97 Rescinding Resolution No. 115-91 and Revising the Authority for the Destruction Of Certain Police Department Records, Documents and Papers Pursuant to Sections 34090 et seq of the Government Code of the State of California 04-28-97 24-97 Relating to Solid Waste Adjustment . Methodology 04-14-97 25-97 Approving Assignment and Assumption Of Lease Site 150 From Wixom Concrete, Inc. To Kaiser Sand and Gravel Corp., Extension Of the One Year Lease Agreement for Property Adjacent to Lease Site 150 and Authorization For the Mayor to Execute a Landlord Estoppel Agreement for Lease Site 150 04-14-97 • RESOLUTIONS 1997 NO. TITLE ADOPTED 14-97 VOID 15-97 Accepting Project No. PW 95-03; South Bay Blvd. Reconstruction and Bike Lanes, Phase I as Completed by Madonna Construction and Authorizing The Filing of a Notice of Completion 02-24-97 16-97 Urging the State of California to Reduce The Speed Limit on a Portion of Highway One Within the City From 65 mph to 55 mph 02-24-97 17-97 Authorizing the Mayor to Execute a License Agreement with Pacific Gas & Electric Company for Use of the Parking Lot Area Between Great American Fish Company And Harbor Hut Restaurant 02-24-97 18-97 Authorizing the Temporary Use of Community Center Reserves, A Restoration Plan for Those Reserves and a Transfer of Funds Between the General Fund and the Capital Improvement Fund 03-10-97 19-97 Adopting the Fiscal Year 1997/98 Master Fee Schedule 03-10-97 • RESOLUTIONS 1997 NO. TITLE ADOPTED 08-97 Acknowledging Receipt of the California Coastal Commission's Certification of Morro Bay Local Coastal Program Amendment 3-95 01-13-97 09-97 Authorizing a Transfer of Funds from The Skate Park Trust Fund to the General Fund Youth Services Part - Time Pay Account 01-27-97 • 10-97 Approving the 1996/97 Annual Water Progress Report and Adopting a Water Allocation Program for Fiscal Year 1997/98 01-27-97 11-97 Amending the Operating and Capital Improvement Budgets and Making Supplemental Appropriations for Fiscal Year1996/97 02-10-97 12-97 Approving Execution of a Landlord Estoppel Agreement and Conditional Lease Assignment for Lease Site 78-81/78W-81 W 02-10-97 13-97 Approving a Cooperative Agreement With the San Luis Obispo Council of Governments for a Bikeway Planning Study Grant and Approving and Making Budgetary Appropriations 02-10-97 E RESOLUTIONS 1997 NO. TITLE ADOPTED 01-97 Accepting the On- and Off -Site Public Improvements to Tract 2110 (North Point Subdivision) 01-13-97 02-97 Approving Exemption From the Congestion Management Program 01-13-97 03-97 Approving Sublease of Lease Site 68-68W Between the Held Family Trust and Barbara Hamilton 01-13-97 • 04-97 Approving the Sublease of a Portion Of Lease Site 93-95/93 W-95 W Between the Held Family Trust and Savannah and Horton Williams 01-13-97 05-97 Approving the Sublease of a Portion Lease Site 93-95/93W-95W Between The Held Family Trust and Richard And Barbara Strassel 01-13-97 06-97 VOID 07-97 Amending the Operating and Capital Improvement Budgets and Making Supplemental Appropriations For Fiscal Year 1995/1996 01-13-97 00 • RESOLUTION NO.89-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO GRANT ONE TO FOUR YEARS ADDITIONAL SERVICE CREDIT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is a contracting Public Agency of the Public Employees' Retirement System; and WHEREAS, California Government Code Section 20903.5 provides that when the governing body of a contracting agency determines that because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency would be served by encouraging the retirement of local members, the governing body may adopt a resolution to grant eligible employees one to four years additional service credit when certain conditions specified in said section exist; and • WHEREAS, said Section requires the governing body to specify the whole years of additional service credit being granted and to determine a period in which eligible members, who meet the conditions, must retire to be entitled to receive said credit; and WHEREAS, said period may begin as early as one day following, and end not more than 120 days following, the governing body's adoption of the resolution; and WHEREAS, said Section requires the governing body to designate the categories of eligible members and allows for eligibility to be limited to members employed in specific department(s), program(s) and/or position classifications within said agency. NOW, THEREFORE, BE IT RESOLVED that the City Council, as the governing body of the City of Morro Bay, has determined that because of an impending curtailment of service, or change in the manner of performing service, the best interests of the Public Agency would be served by encouraging the retirement of local members and desires to provide three (3) years additional service credit pursuant to Section 20903.5 for eligible local miscellaneous members; and 11 U • 0 Resolution No. 89-97 Page Two BE IT FURTHER RESOLVED, that said governing body determines that the period in which eligible members, who meet the conditions, must retire to be entitled to the additional credit shall begin on December 9, 1997 and end on April 9, 1998, and that to be entitled to the additional credit, eligible members, who meet the conditions, must be employed in the Public Works Department as a Maintenance Supervisor of the City of Morro Bay on the date of adoption of this Resolution. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on this 8th day of December, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: l DAVID HUNT, City Attorney ATTEST: 61 �_.r. _ R `;. e. , City Clerk ni+�<' CATHY N VAK, Mayor • RESOLUTION NO.88-97 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITE 91-92/91 W-92W BETWEEN CHRISTA LOPEZ & GRETCHEN BLACKMAN, dba MERMAIDS 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 91-92/91 W-92W; and, WHEREAS, Harold and Rita Anderson are the current lessees of said lease site; and, WHEREAS, the Andersons have requested that a portion of Lease Site 91-92/91 W-92W be subleased to Christa Lopez & Gretchen Blackman, dba Mermaids; and, WHEREAS, the lessee is in compliance with terms of the lease agreement; and, WHEREAS, the lease agreement requires City Council approval of any sublease; and, WHEREAS, the City can not arbitrarily withhold approval of a sublease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro • Bay that the City Council consents to the sublease of a portion of Lease Site 91-92/91 W-92 W between Christa Lopez & Gretchen Blackman. BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute the consent to sublease document as approved by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 81h day of December 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY N VAK, MAYOR City of Morro Bay - —� i i' _ _ ` '%ierrim•L+.'�':::•—^sue:. •. ... � - -1\1 HARBOR DEPARTMENT 1275 EMBARCADrERO, MORRO BAY, CALIFORNIA 43442 '.i: 805-772.6254 APPLICATION NC''? I APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS _ OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENT To be a.,r1 rehimed to the Harbor Office for LEASE SITE #: qt - 9Z q, tj - 92 t.J Lessee (please print) • Mailing Address City, State Gip 40 APPLICATION FEE: P PFC\rnn��� Business Name Telephone REQUEST: Briefly describe the specific nature of the approval requested. \-CCez�<L- Applicant's Si nature SEE REVERSE Date Cl.<- ----- The City of Morro Bay is dedicated 1 to the l preservation sa�ndt enhancement hh and responsive Qtot!he ity reel life. ande p'vr�. to provide 3 !eve! of muriicip.. 11 CONSENT TO SUBLEASE AGREEMENT T -IIS CONSENT TO SUBLEASE AGREEMENT is entered into this 1day of ,1997, by and between Harold Anderson, dba Galley Restal�itrant, hereinafter referred to as TENANT, and C 941:5 rA zyl tovaz lino GksrcNeN K- &-ACKMAN , dba, M&RM I./D6 hereinafter referred to as SUBTENANT and approved by the City of Morro Bay, California, hereinafter referred to as CITY RECITALS WHEREAS, a Master Lease was executed on November 18, 1988, and; WHEREAS, TENANT desires to sublease a portion of the premises to SUBTENANT, and: WHEREAS, the Master Lease requires CITY consent of any sublease in the following form of agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay to • City all of the sums required of TENANT and any sums due by reason of SUBTENANT's activities under the terms of the Master Lease dated November 18, 1988 hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANTS portion of rent due to CITY. 2. SUBTENANT acknowledges receipt of a complete copy of the Master Lease and all amendments thereto and specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's . compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. Page I of 3 • 3. The term of the sublease shall be month to month commencing upon execution of said lease provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency, including but not limited to those items listed in Exhibit A attached hereto and incorporated herein, shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. The proposed use by SUBTENANT is as follows: Retail Gift Sales. Percentage of Gross Rental Applicable to Permitted Use: 5%. Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT • acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use subject to those penalties set forth in the Master Lease. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. \J 6. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 7. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. Page 2 of 3 n • 8. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 9. This Agreement cannot be modified except by a written document mutually approved by the parties hereto. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 10. To the extent that the terms of the proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the tetras of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Mono Bay, California. TENANT: �i"j Harold Anderscy CITY OF MORRO BAY: (` nn/-- CATHY NOVAK, MAYOR SUBTENANT: OA4,,.& Page 3 of wi EXHIBIT "A" CONSENT TO SUBLEASE AGREEMENT At a minimum, certain books and records shall be kept by Lessee and Sublessee such as: Prenumbered and dated guest checks; 2. Prenumbered sales invoices or daily cash register tapes; Bank Statements; 4. Sales Tax Returns; Sales Journals; • 6. Cash Disbursement Journals; and General Ledger re LJ RESOLUTION NO. 87-97 ASSIGNMENT OF LEASE SITE 62/62W FROM BRUCE AND KATHY LEWIS TO BOB REED AND FRANK LOVING 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, Bruce and Kathy Lewis are the lessees of said Lease Site; and, WHEREAS, the Lewis' are requesting that Lease Site 62/62W be assigned to Bob Reed and Frank Loving; and, WHEREAS, Bruce and Kathy Lewis are in compliance with all terms and conditions of said lease agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council hereby consents to the assignment of Lease Site 62/62W from Bruce • and Kathy Lewis to Bob Reed and Frank Loving. BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute the assignment and assumption documents as approved by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8'h day of December, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NO AK, MAYOR KAYAK HORIZONS 551 EMBARCADERO, MORRO BAY, CA 93442 TEL (805) 772 6444 FAx (805)772 6445 November 24, 1997 Mr. Rick Algert Harbor Director City of Morro Bay RE: Assignment of Lease Site 62-62W DearRick, , As you know from our meetings in the past, Frank Loving and myself are purchasing the building located at 551 Embarcadero from Bruce and Kathy Lewis. Frank and myself are both longtime residents of Morro Bay and San Luis Obispo County. We have been the owner/operator of "Kayak Horizons" since October of 1996. We feel that the sport of kayaking is the ideal way to appreciate and learn about the unique natural beauty of Morro Bay and the adjoining National Estuary. Frank and I are both licensed boat captains with a long history of working on the bay and we enjoy passing on our knowledge and experiences that we have encountered. People of all ages and backgrounds have come to our shop to enjoy the bay, and judging by the sports increasing popularity, many more will follow. Morro Bays' kayaking potential has been written up in many prominent publications from as far away as Kansas City, Missouri, and will increasingly become known as one of the premier natural destinations on the West coast. We are glad to be able to help promote tourism and the City of Morro Bay through advertising and a solid reputation for customer service. We are looking forward to cooperating and working with you. If we can be of any assistance, please do not hesitate to call. Thank You. Best Regards, Bob Reed and Frank Loving 0 HARBOR DEPARTMENT • 1275 EMBARCADERO, MORRO BAY. CALIFORNIA 93442 • 805.772-6254 APPLICATION APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS OR APPROVAL OF SUBLEASES TO CITY LEASE AGRE i i To be completed and returned to the Harbor Office for processing. LEASE SITE #: L ssee (please print) �'72-r Mailing Addr ss // , % no e-9— �21442'U atv r Staie Zip APPLICATION FEE: 02�� Busine s Name 1$O5 , -? `7 2, - C. 2 Li �l Telephone REQUEST: Briefly describe the specific nature of the approval requested. 11 r Applicant's jSi4tuDate o- 0 SEE REVERSE 7 he uv or '.torro 6av s dedicatea to the preservation and enhancement of our quality of Itfe.nu ,tr''.e`.:O ::rr.''c` >.ei of munic:Dai ser:tce and safety consistent ::itt : r.d responsive m the leeos 'r•e''"O"` • This Assignment is made and entered into thiOlsrday of November, 1997 by and between BRUCE LEWIS and KATHY LEWIS (hereinafter referred to as "Assignor") and FRANK LOVING and ROBERT REED, individually and dba KAYAK HORIZONS (hereinafter referred to as "Assignee). Subject to the City of Morro Bay's prior approval, Assignor hereby assigns all right, title and interest they have in the lease from the City of Morro Bay, known as Morro Bay lease site 62/62W under the master lease which is attached hereto as Exhibit "A" 2. Assignee acknowledges that the City of Morro Bay has leased the premises to Assignor under the Master Lease which is attached hereto as Exhibit "A". Assignee acknowledges that any assignment of the Master Lease attached as Exhibit "A" is subject • to prior approval by resolution of the City of Morro Bay City Council and is also subject to prior execution between Assignor Assignee of the Contract for Purchase and Sale and addendum's thereto, by and between Assignor and Assignee. Assignee agrees to comply with all the terms and conditions of the Master Lease and to assume all liabilities required under the Master Lease. Assignee further agrees, as required under the Master Lease, to defend, indemnify and hold the City free and harmless, from and against, any and all claims, lawsuits, costs and expenses, including reasonable attorneys' fees and court costs arising from, or in any way related to, holding, using or operating the leased premises and further agrees to maintain liability insurance in the manner, form and amount required by the Master Lease with the City included as an • additional insured without offset against the City's insurance. • • 0 4. Assignee further agrees to provide to the City of Morro Bay, all documentation required under the Master Lease, with regard to Assignee's operations, to enable the City to determine its portion of the gross sales. This agreement shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest and assigns. Dated: i Dated: /VFlI I i i `i 'I- 7� Kathy Lewis • Consent to Assignment & Assumption of all liabilities under the Lease Agreement Dated: , U, 1 91 Q 1 Dated: _ ur., Pri 7 Frank Loving The City of Morro Bay, Lessor named in the Master Lease consents to the Assignment upon the conditions set forth above. The City also consents to the agreement by Assignee to assume after close of escrow dated the payment of rent and performance of all duties and obligations as set forth in the Master Lease. Dated: December 8, 1997 CITY OF MORRO BAY 1 n. — By Cathy Novak, Mayor • RESOLUTION NO. 86-97 RESOLUTION MODIFYING SPECIAL WATER RATES FOR LICENSED HEALTH CARE FACILITIES the City Council, City of Morro Bay, California WHEREAS, in 1994 via Resolution No. 73-94 reduced water rates were established for Licensed Health Care Facilities; and WHEREAS, necessary annual expenditures of the Water Fund are such that the reduced revenue from continuation of such a rate would necessitate mitigation by means of a community -wide rate increase; and WHEREAS, it is determined to be contrary to the public well-being to retain special consideration for one business category at the expense of a community -wide water rate increase; and WHEREAS, Ordinance No. 440 requires the City Council to establish rates in the Master Fee Schedule for charges for water service to licensed health care facilities; and • WHEREAS, it is necessary and appropriate to modify said charges to be equal to the prevailing community -wide rates. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay that the Master Fee Schedule is hereby revised to reflect that water rates for licensed health care facilities are the same as the prevailing community rate structure for water consumed effective the next regular period subsequent to this adoption. PASSED AND ADOPTED by the City Council at a regular meeting thereof held on the 8th day of December, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None ATTEST: CATHY NO AK, Mayor B GET AUER City Clerk • RESOLUTION NO.84-97 • A RESOLUTION APPROVING CLAIMS FOR TRANSPORTATION DEVELOPMENT ACT FUNDING FOR FISCAL YEAR 1997/1998 THE CITY COUNCIL City of Morro Bay, California WHEREAS, each year the City submits a claim for funding through the Transportation Development Act for both local and regional funding; and WHEREASAe amount claimed for fiscal year 1997/1998 for local funding to be used primarily for Morro Bay Dial -A -Ride is $155,855; and WHEREAS, the amount claimed for fiscal year 1997/1998 for regional funding to be used primarily for San Luis Obispo Regional Transit Authority is $51,910; and WHEREAS, the amount claimed for fiscal year 1997/1998 for local bikeway/pedestrian ways is $3,989; and WHEREAS, the amount claimed for fiscal year 1997/1998 for the cost of a Transportation Development Act Audit is $1,250; and • WHEREAS,the total amount claimed by the City of Morro Bay from Transportation Development Act funds for fiscal year 1997/1998 is $213,004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves the City's Transportation Development Act claim in the total amount of $213,004 for fiscal year 1997/1998. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of December 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOVAK, Mayor ATTEST: s BRIDGET AUER, City Clerk RESOLUTION NO.83-97 RESOLUTION AMENDING THE ADOPTED RULES AND REGULATIONS FOR USE OF PIERS, DOCKS AND MOORING AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has provided certain piers, docks, and mooring areas for the accommodations of vessels in Morro Bay Harbor; and, WHEREAS, the City of Morro Bay Municipal Code, Sections 15.16.050, 15.28.010, and 15.32.010 provide that the City Council shall, by resolution, establish rules and regulations for the mooring of vessels at and use of said piers, docks and offshore mooring areas; and, WHEREAS, it is in the public interest to amend such rules and regulations which were last established under Resolution 104-92. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached "Exhibit A", incorporated in this resolution by reference, entitled " City of Morro Bay — Harbor Department Rules and Regulations" be approved and adopted to constitute the rules and regulations for the mooring of vessels at and use of piers, docks and moorings as referred to in Secitons 15.16.050, 15.28.010 and 15.32.010 of the Morro Bay Municipal Code. Is BE IT FURTHER RESOLVED, that the amended rules and regulations shall remain in effect until such time as they shall be amended by resolution of the City Council of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24" day of November 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ` IIII .V1 -04.__. • "�".V . CATHY NOVAK, MAYOR EXHIBIT "A" • CITY OF MORRO BAY - HARBOR DEPARTMENT RULES AND REGULATIONS FOR VESSELS USING CITY PIERS, DOCKS AND OFFSHORE MOORINGS INTRODUCTION The City of Morro Bay directly operates 2 piers, approximately 50 slips and 70 individual moorings. The City also provides a floating dock and anchorage area for transient vessels. City operated individual mooring sites are in the A2, Al-1 and Al-2 mooring areas as shown in the attached map. The City leases out the Al-3 and Al-4 mooring areas to the Morro Bay Yacht Club and Morro Bay Marina respectively which manage individual mooring assignments in those areas. Most Embarcadero slips and the State Park Marina slips are privately operated with rules and regulations set by the operator. Following are rules and regulations for City facilities and general operation of the Harbor within City limits. The Harbor Department shall mean the Harbor Director, or any designated employee of the City of Mono Bay Harbor Department. RULES AND REGULATIONS 1. MORRO BAY HARBOR DEPARTMENT - GENERAL REGULATIONS No person shall anchor, moor or secure a vessel or any object within the City of Mono Bay except in designated areas and locations set by the Mono Bay Harbor Department and the Mono Bay Municipal Code. Any vessel or object moored, anchored or secured in violation of this section may be declared a hazard pursuant to California Harbor and Navigations Code Section 523 and shall be relocated to a safe •anchorage or berthing location by the Harbor Patrol. The owner will be charged for all costs associated with such relocation and may be subject to impoundment at the fee shown in the Master Fee Schedule. No vessel may exceed 5 MPH speed limit within the Mono Bay City limits with the exception of governmental agencies in the performance of duties. Discharge of sewage is strictly prohibited. No person may liveaboard a vessel in excess of 4 days without first obtaining a permit. To use or occupy City docks, City moorings, City Piers, the Al-5 anchorage area or City floating dock a vessel must be registered with the Harbor Department including submission of a signed RENTAL AGREEMENT or transient berthing agreement card. 2. CITY SLIPS A: General City slips shall be assigned to commercial fishing vessels as defined in Mono Bay Municipal Code 15.04.150 and Resolution 23-91 of the City of Mono Bay. Rental agreements for use of City slips are not transferable. If a vessel is sold or ceases to qualify for a slip, the agreement is terminated. No city slip agreement holder may allow the use of any city slip by another vessel without the prior permission of the Harbor office. The City may rent any unoccupied slip on a temporary basis. B: Waiting List Procedures And Assignment Of Vacant Slips The City has established a Commercial Slip Waiting List with a refundable fee of $286.00 and a Recreational Slip Waiting List with a refundable fee of $85.00. When a slip vacancy occurs, the slip will be assigned to the next eligible vessel on the commercial slip waiting list. It is the responsibility of •all waiting listees to keep the Harbor Office informed of current address and contact numbers. If no response is received after two attempts to contact waiting listee at the address and/or phone number on record with the Harbor Office, then the waiting listee will be passed over until such time as they recontact the Harbor Department. A vessel and the vessel's owner must meet the definition for commercial fishing vessels to be placed on the commercial slip waiting list and must qualify for the year in which they are offered a permanent slip. A vessel owner may substitute a different vessel and maintain the same position on the list up to one time in any three year period. The recreational slip waiting list would be used in the event the City develops new slips for recreational boaters. C: Temporary Cancellation Of City Slips And Slip Subleasing Any City slip agreement holder may, by giving City notice at the Harbor Office of a pending absence and vacation of the slip in excess of 30 days, have their slip fees reduced to 25% of the regular monthly fees listed in the Master Fee Schedule. If the slip holder returns to the slip in a period less than the 30 days and another vessel is occupying the slip under a sublease, the slit) holder will have to dock at the T-Piers as space is available. Vessels on the Commercial Slip Waiting List will have priority for subleases. The City will maintain a slip sublease waiting list and will make the vacated slip available to the next available qualified vessel on the slip sublease waiting list if there is no vessel on the Commercial Slip Waiting List which desires a sublease. If a vessel or person on the sublease waiting list declines a slip sublease assignment or if the City is unable to contact the person after two attempts; then that person's name shall be removed from the waiting list. The City may assign any vessel to a vacated slip on a daily basis at the daily transient fee but no subleases will be allowed for a period less than one month. No vessel will be allowed to use any vacated slip either on a transient daily fee or monthly sublease basis without paying in advance. If a vessel on temporary cancellation does not occupy the assigned slip for a period of at least 3 months in any 24 month period then the City may terminate the berthing • agreement and assign the slip to the next qualified vessel on the commercial slip waiting list. 3. OFFSHORE MOORINGS A: Moorings - General Moorings are allowed only in designated locations within the outlined mooring zones or as approved by the Harbor Director and allowed by the Morro Bay Municipal Code. Some mooring locations have tackle and gear owned and installed by the City; most mooring locations have tackle and gear owned and installed by the private party. Each mooring is for one vessel. Floating docks or arrangements other than mooring tackle and gear as outlined and approved by the Harbor Department are prohibited except on the permitted City floating dock, mooring sites A2-21, Al-2-07 and Al-2-13 where pre-existing floating unpermitted docks have been installed. Those floating docks on moorings A2-21, AI-2-07, A1- 2-13 shall be removed or permitted under Morro Bay Municipal Code Section 14.52.010 no later than June 1, 1998. Failure to remove said floating docks at the mooring holder's expense by June 1, 1998 shall be a violation of these rules and regulations and the mooring agreement. Those pre-existing floating docks shall not be enlarged or improved. At such time as they are no longer usable, as determined by the Harbor Department, they will be removed at the cost of the mooring agreement holder. Assigned mooring agreement holders must at all times keep the Harbor Department notified of the vessel which is currently using the mooring site. If an offshore mooring agreement is terminated for non-payment of rent or failure to inspect mooring •gear, the City may take possession of the location and any personal property as outlined in Chapter 15 of the Morro Bay Municipal Code. In such case the Harbor Department may either take the mooring location out of service or install City owned mooring tackle and gear on the location. PAGE OF B: Moorings - Tackle And Gear Privately Owned Mooring locations where the mooring tackle and gear are owned by a private party shall be held under a monthly rental agreement. Said agreement may be assigned to another party, subject to approval of the City of Morro Bay, by making written request to the Harbor Department. The City reserves the right of approval of any assignment and may not approve such assignment if the mooring agreement holder or assignee is in violation of these rules and regulations or has a past due account with the City or if the proposed use of the mooring will violate these rules and regulations or the Morro Bay Municipal Code or safe boating practices as determined by the Harbor Director. The rental agreement shall have a month to month term and fees shall be set forth in the Master Fee Schedule under Offshore Moorings. C: Moorings - Tackle And Gear City Owned The City will rent City owned moorings on a daily or monthly agreement at fees set forth in the Master Fee Schedule under City Owned Moorings. City owned mooring agreements are not assignable or transferable. When a City owned mooring is vacated, the Harbor Department shall post notice of the available mooring in the Harbor Department Office and the mooring shall be assigned to the first eligible vessel owner to notify the Harbor Department of their desire to use the mooring. D: Mooring Tackle And Gear Maintenance The offshore mooring holder shall maintain the tackle and gear to the specifications set by the Harbor Department including biennial inspections meeting the requirements set by the Chief Harbor Patrol Officer. The City will maintain and inspect City owned moorings. Moorings leased to the Morro Bay Yacht Club and Morro Bay Marina will be maintained and inspected by those lessees to meet the specifications set by the Harbor Department. • 4. T-PIERS, FLOATING DOCK OR ANCHORAGE AREA The T-Piers, floating dock or anchorage area shall be available to registered transient vessels on a first come first serve daily basis at fees established in the Master Fee Schedule, except that no vessel may use the anchorage area or floating dock for more than 30 days in any six month period. To maintain safe and efficient Harbor operations, the Harbor Department may relocate vessels or designate specific sites for certain vessels at these facilities at any time. Any transient liveaboard vessel must receive a permit from the Harbor Department and the Harbor Department may limit transient liveaboards to the North T- Pier. • 5. HARBOR DEPARTMENT RESPONSIBILITY TO PROTECT SAFE AND EFFICIENT OPERATION OF CITY FACILITIES When a vessel enters a mooring or docking facility or anchorage area in the waters of the City of Morro Bay, it immediately comes under the jurisdiction of the City and may be moored or docked or anchored at the direction of the Harbor Department. The Harbor Department may refuse use of City facilities to any vessel which or vessel operator who has unpaid fees or a past due account with the City or who represents, in the opinion of the Harbor Department a threat to pollute or potential threat to the safety and security of City facilities. When a vessel, or vessel operator, who has been denied use of City facilities, continues to use those facilities without permission, that vessel or vessel operator shall be subject to impoundment under Morro Bay Municipal Code 15.56.010 and/or fines for violation of Section 525 of the Harbor and Navigations Code. PAGE OF Any vessel using City facilities shall be operable under its own power and be seaworthy and maintained • in good and safe condition as determined by the Harbor Department. Any vessel which requires Harbor Patrol emergency assistance to pump out, take under tow or otherwise care for the vessel in excess of one time in any 12 month period will be subject to termination of its use of City facilities and/or its berthing agreement. 6. FEES Fees for use of City facilities shall be set in the City's Master Fee Schedule. All fees are due and must be paid in advance. The Harbor Department may allow billings for qualified and registered vessels with current account status at the discretion of the Harbor Department. Transient fees must be paid in advance provided that the Harbor Department may allow 48 hours after arrival for any vessel to make payment or acceptable arrangements for payment. Transient Vessels not complying with this section within 48 hours of arrival shall be subject to impoundment as specified in Ordinance 397 and Chapter 15 of the Morro Bay Municipal Code. The City will refund upon request any prepaid unused transient fees in excess of $20 and unused prepaid transient fees of less than $20 may be held as a credit to payees account. City slips and moorings will be billed on a monthly basis in advance, will be delinquent and subject to a late payment penalty if not paid by the 1 Oth day of the month, whether the tenant receives a bill or not. After a City slip or offshore mooring assignment is made and until the mooring or slip agreement is cancelled or assigned with prior approval of the Harbor Department, the agreement holder shall be responsible for payment of all fees whether the agreement holder occupies the slip or mooring or not. All fees will be adjusted annually as set forth in the Master Fee Schedule. Slip fees shall include electricity services but T-Pier fees shall not and the harbor patrol will limit electric service on the piers to those vessels which pay the daily use fees. The established electric use fee will be for one vessel •only. The electric fee must be paid prior to use and the Harbor Department may terminate any vessels' use of City facilities and/or their berthing rental agreement for violation of these requirements or of any other section hereof. • 7. DAMAGE TO CITY PROPERTY Any vessel which causes damage to City property will be responsible for repaying the cost of repair to such damage as determined by the Harbor Department and submitted in a written statement itemizing costs. 8. EMERGENCY MEASURES, CITY HELD HARMLESS In the event of severe storm or tidal wave, the vessel owner, operator and/or agreement holder will provide preparation and damage prevention protection for their property. The vessel owner or his agent is solely responsible to take all emergency measures possible, and the City does not assume any responsibility for said protection and or damages to the vessel from storm or tidal wave action. The City assumes no responsibility for the safety of any vessel using City facilities, and will not be liable for fires, theft, loss or damage to said vessel, its equipment, or any property in or on said vessel. Tenant expressly and by his use of City facilities agrees to hold City and its officers and employees harmless from any claim he or any of his crew, guests or agents have against City for damage to the vessel or other property or for personal injury arising from tenant's use of City property or facilities. PAGE 4 OF 9. STORAGE AND SECURING OF VESSELS • Tenders and skiffs will be stored on board larger vessels when possible and are not allowed at City slips and docks except as designated by the Harbor Department personnel. The water space between the shore and City docks shall be used primarily for the storage of tenders, skiffs or dinghies used to serve vessels occupying moorings in a non-commercial mooring zone. Each City mooring holder may berth one tender or skiff (as defined by the Harbor Department) in this manner at no charge. Other users may store tenders skiffs or dinghies on City docks at designated locations with the prior approval of the Harbor Department at a fee of $1.00 per dayequal ' '" �'"' ' - �" ' " F." Vessel. No dock boxes, steps or any other installations may be made to City slips, moorings or other facilities without prior permission from the City. No rafting or storage of more than one vessel on any slip, mooring or anchorage is allowed without the permission of the Harbor Department. Temporary storage of crab receivers may be allowed with the prior written permission of the City. It is the responsibility of each vessel owner or operator to safely secure that vessel to its berthing. Vessels shall be secured in their berths, moorings or anchorage in a manner acceptable to the City or the Harbor Department personnel may adequately secure the vessel and assess a service fee. 10. FISH UNLOADING OR SALES Fish may be unloaded off City piers and slips only by the owner or operator of the commercial fishing vessel which caught the fish. Operations including commercial truck loading by fish processors or fish buyers are prohibited from City piers and docks. Commercial unloading of any cargo or materials (including kelp) requiring special heavy vehicles (such as crane, boom or stake bed trucks) are prohibited without the prior permission of the Harbor Department. Permission by the Harbor Department may be contingent on provision of an insurance certificate and payment of a fee. • Commercial fishermen may sell their catch only from their vessels at city slips and docks provided they are in conformance with these rules and regulations, State and Federal law, providing that such sales shall not negatively impact the safe or efficient operation of the harbor, at the discretion of the Harbor Department. Signage shall be minimal and fish sold from vessels must be fish that was caught by the vessel owner. 11. VIOLATIONS OF THE MORRO BAY MUNICIPAL CODE OR OF THE RULES AND REGULATIONS Violations of Chapter 15 of the Morro Bay Municipal Code, the Harbor and Navigations Code or these Rules and Regulations are punishable by fines as follows: 1. Violation of MBMC 15.12.010, prohibiting operation of a vessel in excesses of 5 MPH, or in a manner which causes damaging wake within Morro Bay Harbor. $100 first offense, $200 second offense and each offense thereafter. 2. Violation of MBMC 15.24.010, prohibiting discharge of waste or refuse from vessels and prohibiting allowing vessels materials waste or refuse to remain on shorelines within City limits. $200 first offense, $500 second offense and each offense thereafter. 3. Violation of MBMC,15.32.010, establishing rules and regulations for City wharves, piers and docks by resolution of the City Council. Violation of Harbor Rules and Regulations: first offense $100 • second offense and each offense thereafter $200. 4. Violation of MBMC 15.40.030, requiring a permit for occupying or owning a liveaboard vessel in Morro Bay Harbor. First offense $100, second offense and each offense thereafter $200. PAGE 5 OF • 5. Violation of Harbor and Navi Rations Code Section 525, prohibiting abandoning a vessel without the facility owner's permission: $500 first offense, $1500 second offense and each offense thereafter. For any violation of the Mono Bay Municipal Code or these Rules and Regulations for which a citation is not issued, or for which a vessel is not impounded, the City may provide written notice to tenant to correct such violation. Failure to comply with such written notice may subject the tenant or violator to suspension of future use of City facilities and or termination or cancellation of a mooring or berthing agreement. For example: use of sub standard electrical cords or equipment after one warning may result, at a minimum, in suspension from use of City facilities for 30 days. 12. STORAGE AND ELECTRICAL SERVICE No storage of supplies, materials, accessories, fishing gear or debris will be allowed on piers or slips. No charcoal fires or open fires of any kind will be allowed on any City facility. Electrical power cords must meet the standards of NFPA and the National Electric Code as determined by the Harbor Department. The Harbor Department may make exceptions during temporary supervised projects. No doubling off a unit is allowed. 13. OPERATIONS FROM CITY FACILITIES No sport fishing, tour boat, charter boat or rental business operation shall be conducted from any City slip, pier, street end dock, mooring, anchorage or other City facility or beach except as specifically allowed under a lease or license agreement. •14. SOUTH T-PIER HOIST A. No fish, shellfish or seafood products are to be unloaded with the hoist except in the following cases: 1. All other commercial fish unloading facilities in the Morro Bay area are closed, overloaded, or unable to off-load the boat of the requesting party. 2. That the unloading by one of the commercial unloaders, in the Morro Bay area, would be untimely and cause extreme hardship or loss to the requesting party. B. A key deposit of twenty dollars or a valid driver's license may be required. C. A fee set by the Master Fee Schedule shall be by the hour for any part of an hour with a one hour minimum. D. No overweight use of the hoist is allowed and the Harbor Department may refuse use of the hoist to any party for any reason to insure proper safe and efficient use of Harbor facilities. 15. TIDELANDS PARK SIDE TIE DOCK, STREET END DOCKS AND BOAT LAUNCH RAMP The Launch Ramp boarding floats are for temporary tie-up while launching and retrieving a vessel only. The Tidelands Park side tie dock shall be a 3 hour maximum tie up in any 24hour period facility and •may not be used for tie up from 10:00 p.m. through 4:00 a.m.. Vessels which exceed the three hour tie up limit in any 24 hour period, or are tied up to the Tidelands Park side tie dock between the hours of 10:00 a.m. through 4:00 a.m., shall be in violation of these Rules and Regulations and subject to citation PAGE 6 Of 7 and fines as outlined in Section 11 hereof. Tenders and skiffs assigned the inside portion of the • Tidelands Park side tie dock under Section 9 hereof shall be exempt from the time limits above. In the case of emergency or when all other available facilities are occupied, the City may, at the sole discretion of the Harbor Department, waive the 3 hour time limit on the Tidelands Park side tie dock. In that case, the Harbor Department shall issue a special permit at fees established in the City Master Fee Schedule for a period not to exceed 7 continuous days and said permit shall be displayed in open view on the permitted vessel. • • No vehicle shall park or use any parking space in the boat Launch Ramp in excess of 72 hours. The Harbor Patrol shall monitor and enforce rules and reputation for the boat Launch Rampparking lot to ensure that it is available for boaters. No storage or haul out is allowed in the Launch Ramp parking lot. Repairs and mechanical work shall be limited to minor jobs which can be completed within a short time period without negatively impacting other users of the lot as determined by the Harbor Patrol. Double stalls at the boat Launch Ramp are for trailers and towing vehicles only. Single vehicles without trailers attached using the double stalls shall be in violation of these Rules and Regulations. Double stalls shall be painted yellow. Parking time limits and regulations within the narking lot shall be appropriately signed.and designated Use of floating docks at the end of Mono Bay Blvd., Harbor St. and Anchor St. and the Launch Ramp shall be limited to transient tie-ups by recreational boats. No overnight tie-ups will be permitted. Maximum duration of tie ups at these docks shall be for a period not to exceed 3 hours per day. Persens a..,.a tAWO 4;4iAR AgthtA..o r91'4riGt:,4.,,..."..n "o ..,,":e,.t W a f4R@ Of $25 p8f_Shore fishing and angling shall not be permitted from the viewing platforms or the floating dock at the ends of Harbor St., Morro Bay Blvd., Marina St. and Anchor St. rle.68RS •48WiRg `hiS .e...."..:,.R AA,41 The launch ramp docks are for temporary tie-up while launching and retrieving a vessel only. No vehicle shall park or use any parking space in the boat launch ramp in excess of 72 hours. The Harbor Patrol shall monitor and enforce rules and regulations in the boat launch ramp parking lot to ensure it is available for boaters. No storage or haul out is allowed. Repairs and mechanical work shall be limited to minor jobs which can be completed within a short period without negatively affecting other users of the lot as determined by the Harbor Patrol. Parking time limits and parking regulations within the parking lot shall be designated and marked with appropriate colors, lettering and signage 16. PRIOR CITY RESOLUTIONS A. Incorporation of Prior Resolutions: City of Morro Bay Resolutions #112-89 and 23-91 reference. B. Rescinding of Prior City Resolutions: are incorporated into these rules and regulations by Adoption of these rules and regulations shall serve to rescind City of Morro Bay Resolutions # 115-67, #30-74, #1-75, #66-78, #85-80, #86-80, #09-81, 427-82, #72-82, #123-82 #124-82, #19-83, #58-83, #59-83, #60-83, #95-83, #122-83, #8-84, #125-84, #90-85, #61-86, #85-87, #11-89,#76-89. P9GE70F7 • RESOLUTION NO.82-97 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITE 87-88/PBW-88W BETWEEN GEORGE LEAGE AND LARRY PETERMAN, dba HOTLIX THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 87-888/87W-888W; and, WHEREAS, George Leage is the current lessee of said lease site; and, WHEREAS, Mr. Leage has requested that a portion of Lease Site 87-88/87W-88W be subleased to Larry Peterman, dba Hotlix; and, WHEREAS, the lessee is in compliance with terms of the lease agreement; and, WHEREAS, the lease agreement requires City Council approval of any sublease; and, WHEREAS, the City can not arbitrarily withhold approval of a sublease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro • Bay that the City Council consents to the sublease of a portion of Lease Site 87-88/87W-88W between George Leage and Larry Peterman subject to and contingent upon receipt of executed sublease agreement by December 24, 1997. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24' day of November 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None C a, � CATHY NWAK, MAYOR &IL'* fl" BRIDGETT UER, CITY CLERK • • CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered into this 29th day of October 1997, by and between George Leage hereinafter referred to as TENANT, and Larry Peterman dba, HOTLI% e - hereinafter referred to as SUBTENANT and the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on 29th August 1997 and; WHEREAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointl _� severally guaranty that TENANT will pay all of the sums required of4PIA SL� T'ENANT under the terms of the Master Lease dated 29th August 1997 hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: • (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANTS portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. 3. The term of the sublease attached as Exhibit A shall be 2- years commencing upon execution of said lease and this consent to sublease, provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said • Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. Page I of • 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as outlined in Exhibit B showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. SUBTENANT acknowledges its duty to secure a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to comply with each and all of the terms and conditions of those documents. SUBTENANT acknowledges and agrees that this duty exists between SUBTENANT and TENANT and not between SUBTENANT and the CITY. 6. The proposed use by SUBTENANT is as follows: C. S ro #L Percentage of Gross Rental Applicable to Permitted Use: b Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any • use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. 7. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 8. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the CITY's consideration of the Consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 9. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from • time to time Page 2 of 3 • 10. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 11. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BAY, evidenced by a resolution passed and adopted by said City Council, to the execution of the Sublease. This Agreement cannot be modified except by a written document approved by the City Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit A is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. ATTEST: CITY OF MORRO BAY A Municipal Corporation By: Cathy Novbk, Mayor SUBTENANT: Larry PAerman (aotlix) TENANT: Page 3 of • RESOLUTION NO.81-97 APPROVAL OF ASSIGNMENT OF LEASE SITE 89/89W FROM RALPH AND SHIRLEY GUNTHER TO E. KURT STEINMANN 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 89/89W; and, WHEREAS, Ralph and Shirley Gunther are the current lessees of said lease site; and, WHEREAS, Ralph and Shirley Gunther have requested approval of the assignment of said leases to E. Kurt Steinmann; and, WHEREAS, the lease agreement requires City Council approval of any assignment of the Lease agreement; and, WHEREAS, Mr. Steinmann has submitted financial documents and background information; and, WHEREAS, the City can not arbitrarily withhold approval of lease assignments. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council consents to the assignment of Lease Site 89/89W to E. Kurt Steinmann subject to and contingent upon City Attorney approval of assignment and assumption documents by December 24, 1997. BE IT FURTHER RESOLVED, that failure to meet with any of the above conditions within the time and manner as specified will serve to nullify this approval of assignment by this Resolution of the City Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 241h day of November 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None Lt" A) N A4— CATHY NO AK, MAYOR BRIDGE BAUER • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO E. Kurt Steinmann 2900 Atascadero Road Morro Bay, CA 93442 ASSIGNMENT SUBJECT TO CITY APPROVAL This Assignment is made and entered into this 24th day of November1997 by and between RALPH I. GUNTHER and SHIRLEY J. GUNTHER, individually and dba • GUNTHER & GUNTHER (hereinafter referred to as "Assignor") and E. KURT STEINMANN (hereinafter referred to as "Assignee") Subject to the City of Morro Bay's prior approval, Assignor hereby assigns all right, title and interest they have in the lease from the City of Morro Bay, known as Morro Bay lease sites 89 and 89W under the Master Lease which is attached hereto as Exhibit "A". 2. Assignee acknowledges that the City of Morro Bay has leased the premises to Assignor under the Master Lease which is attached hereto as Exhibit "A". Assignee acknowledges that any assignment of the Master Lease attached as Exhibit "A" is subject to prior approval by resolution of the City of Morro Bay City Council and is also subject to prior execution between Assignor and Assignee of the Contract for Purchase and Sale and • addendums thereto, by and between Assignor and Assignee. 3. Assignee agrees to comply with all terms and conditions of the Master Lease • and to assume all liabilities required under the Master Lease. Assignee further agrees, as required under the Master Lease, to defend, indemnify and hold the City free and harmless, from and against, any and all, claims, lawsuits, costs and expenses, including reasonable attorneys' fees and court costs arising from, or in any way related to, holding, using or operating the leased premises and further agrees to maintain liability insurance in the manner, form and amount required by the Master Lease with the City included as an additional insured without offset against the City's insurance. 4. Assignee further agrees to provide to the City of Morro Bay, all documentation required under the Master Lease, with regard to Assignee's operations, to enable the City to determine its portion of the gross sales. is 5. Assignor confirms to the City that he has no actual knowledge or reasonable cause to believe that any release of hazardous substance has come to be located on or beneath the real property during the term of Assignor's occupation of the lease that would have been reportable pursuant to Health & Safety Code § 25359.7. Dated: _ SOX .Riflph I. Gunther 7 Dated: Shirley J. dllk� 0 2 • Consent to Assignment & Assumption of all liabilities under the Lease Agreement Dated: /O Z . 7c o� E. Kurt Steinmann • 0 The City of Morro Bay, Lessor named in the Master Lease consents to the Assignment upon the conditions set forth above. The City also consents to the agreement by Assignee to assume after November 24 , 1997, the payment of rent and performance of all duties and obligations as set forth in the Master Lease. attached hereto as Exhibit "A" Dated: 11-24-97 CITY OF MORRO BAY Z N"A-, By: CATHY NOVA , Mayor STATE OF CALIFORNIA ) )ss. COUNTY OF SAN LUIS OBISPO ) On October 20, 1997 before me, Shaunna Sullivan , a notary public in and for said state, personally appeared Ralph Gunther, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 'Tkotary Public STATE OF CALIFORNIA ) )ss. COUNTY OF SAN LUIS OBISPO ) tamSADVAN 11199M t4otwyPWo—ccr°"ia SM U t+ obwo Cox* µycaff MtVkaDsail a On October 20, 1997 , before me, Shaunna Sullivan , a notary public in and for said state, personally appeared Shirley Gunther, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public Z:\Clientaj\GUNTHER\SaleWssignment - ks.wpd gx- • a9-b9W . LEASE �6USIA � .1 i 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 7OHN W. NOREK AND ERMA•L:'NOREK'' called TENANTS. '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 Legislator 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 OF'MORRO BAY, Lessor herein, succeeded to all of the right, title and interest of the County of San Luis Obispo n 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 EXHIMT.. ,:Page of 5 M • lands so conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above, passed I automatically to the CITY OF MORRO BAY upon the date of its incorporation as a CITY on the 17th day of July, 1964;.and . WHEREAS, TENANT is cooperating with CITY in the settlement of that certain litigation entitled May E. Pipkin, et al, plaintiffs, versus State of California, CITY OF MORRO ! BAY, et al, defendants, in the Superior Court of the State of California in and for the County of San Luis Obispo, No. 31598, and the filing of a Stipulation for entry of Judgment in the above entitled case, this stipulation being recognized as an additional consideration for this lease; and i WHEREAS; TENANT accepts the within lease with full knowledge that there is no warranty of title in and to the within described premises Iby 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 afolIesaid, and in order,to provide facilities for the accommodation of those using Morro Bay I Harbor, CITY leases to TENANT the within described property upon each and all of the terms as therein set forth; NOW THEREFORE, in consideration of the covenants - to be performed and.the rental to be paid by TENANT to CITY, CITY leases to TENANT, and!TENANT leases from CITY, the within described premises as herein set forth: 1. The property subject to this lease is described as: Lease Site Twenty -Two (22), excepting therefrom the . Westerly ten (10)•feet thereof which NOREK may lease at any time at his then prevailing rental for water area. Existing or replacement boat hauling devices. may be maintained in their present location. . This property is delineated on Parcel Map of .the • _ 2 - EXHIBIT ::: page Hof 51 i i M & H 2-8-69 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. 2. The'term of this lease shall be fifty (50) years, commencing October 1, 1968 and terminating without notice on September 30, 201.8, unless sooner terminated as herein provided. An option for a shorter term of lease,' at a reduced minimum annual guaranteed rental is set forth in schedule A attached. 3. The rental is payable by the TENANT to CITY in lawful money of the United States, at the time and in the amounts as set forth in Schedule A attached hereto; without deductions, delay.or offset.. 4. CITY and TENANT contemplate that certain • harbor improvements will a constructed by CITY pursuant to stipulation filed in.t a Superior Court of the County Of.$An Luis Obispo, State of California in the action entitled Pipkin, et al, versus'.State of California,, et al,•',. No, 3159.8. Until July 1, I1970, or until '•'such improvements are substantially.completed, whichever shall first occur, TENANT shall'pay a reduced annual rental of'$:2. an One Thousand Three Hundred Twelve and 80 100 Dollarsin semi- annual installments, due and payable in advance, on or before January 1st for the first installment and July 1st for the second semi-annual installment. For.the purposes of .this .lease', said harbor development imbrovements shall be deemed to have been substantially completed, when said improvements have been constructed at a cost of not less than One Hundred Seventy - Five Thousand Dollars ($175,000.00), including design, 1 engineering, materials, construction, inspection, and incidental. • i. j 3 - EXHIBIT page. 3 of, 51 24 & H 2-8-69 U expenses. S. TENANT agrees that the principal use of the leased premises shall be; Boat haul out, repair, painting,' allied activities; the .maintenance of floating docks; boat displays and sales; boat building, including machine, carpenter, and paint shops; uses incidental to the construction, repair, - sales, and rental of boats and marine equipment; and incidental residential. uses. for the yard owner, manager, and .yard personnel only. i and directly allied uses to the foregoing'may .be made of the premises by TENANT; but no other uses are permitted without first securing thl written,consent of CITY to such change of such permitted uses. I 6. TENANT shall continuously, during.the entire i term hereof,.conduct and tarry.on TENANT'S aforesaid business — i on the demised premises and shall keep said premises open for business and cause such business to be conducted thereon during each and every business day for such number of hours each day as is customary for businesses of like character in CITY,, or as customary for like businesses in other harbor areas of the State of California, where there is no such comparable business located in the City of Morro Bay; provided, however, that'this provision shall not apply if the demised premises shall be closed and the business of TENANT is being temporarily shut down 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. 7. TENANT shall operate TENANT'S business on the demised premises with duejdiligence and efficiency and in like manner as conparablebusinesses in CITY are operated, - 4 - EXHIBIT / page � of 51 • • • i M & H 2-8-69 • 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 premises, a stock of merchandise of such size, character, 'and quality as is reasonably' designed to produce the maximum return to TENANT, when sales of goods and merchandise are a permitted purpose of this lease. 8. If at any time during the lease term or any extension thereof, the tenancy hereunder is in violation of the trust purposes under which the Premises or any portion thereof are held by CITY pursuant to the grants I from the State of California as set 'forth on page l of this lease, CITY shall hav the right .to terminate the violating uses upon giving ninety (96) days written notice to TENANT. ' • 9. TENANT at al: times during the lease term shall have deposited with CITY a sum equal to twenty-five percent (25%) of the then current minimum annual rent. This sum shall be held by CITY as security for the faithful 'performance by TENANT of all of the terms, covenants, and conditions of this Lease by said TENANT to be kept. and performed during the lease term or any renewal thereof, If at anytime during the lease term any'of the rent herein. ' reserved shall be overdue and unpaid, or any other sum payable by TENANT .to CITY hereunder shall be overdue and unpaid, then CITY may, at its option, appropriate and apply any portion of said deposi� to the payment of any such over- due rent or other sum. In !the event of the failure of TENANT to keep and performlallof the terms, covenants, and conditions of this lease ti be kept and performed by TENANT, CITY nay, at its option, appropriate and apply said .deposit, • or so much thereof as may be necessary to compensate CITY for ' I 5 EXHIBIT page �5 of i M & A 2-8-69 i • all loss or damage sustained.or suffered by CITY due to such breach on the part of TENANT. ' Should the entire deposit; or any portion thereof, be appropriated and applied by CITY for the payment of over- due rent or other 'sums.due''and payable to CITY by TENANT i hereunder, then TENANT shall, upon the written demand of CITY, forthwith remit to CITY a sufficient amount in cash I ' to restore said security to a sum equal td twenty-five. per- cent.(258) of the*then,cursent annual rent. Should TENANT comply with all of said,terms, covenants, and conditions d promptly pay all of the rental herein provided £or as it falls due, and all other sums payable by TENANT to CITY hereunder, theprincipal i sum of said deposit,' without interest, shall be returned in full to TENANT at the end of the term of this Lease, or upon the earlier termination of this Lease as herein pro- • vided. 10. Prior to the commencement of. any phase'of future construction,. TENANT shall submit to -the Morro Bay Planning Commission for approval and recommendation to the City Council, a Development and Improvement Plan for the leased premises which shall provide for the full and complete' development of the leased premises, showing all facilities, structures, land- scaping or other improvements to be constructed or installed on each portion of the leased premises, 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. 11. Prior to the TENANT shall file with the of any construction, Bay City Clerk a final detailed estimate of the c st of construction and installation • 6 - EXHIBIT )k y page (.o of =: t: z; M 6 H 2-8-69 3-6-69 of improvements on the leased premises and post a cash deposit in an amount equal to ten percent (10%) of the. total of said final cost estimate which shall be deposited by CITY in an interest bearingaccount with a savings institution selected by TENANT. In lieu of the cash deposit aforesaid, TENANT may • i file with the Morro Bay City Clerk a faithful performance bond, in a form and with a' surety company satisfactory to CITY, in the face amount equal to the final detailed cost estimate, or other mutual y.satisfactory arrangements. 12. CITY hereby onsepts and agrees that TENANT day encumber the Lease, leIEehold estate and the improvements thereon by a Deed of Trust, Mortage, or other security instrument to insure the payment of the promissory note of TENANT. TENANT agrees to promptly notify cITY,of any such • hypothecation or encumbrance and to provide CITY with a copy of any such Deed of Trust, Mortgage or other security instru- ment. In the event said Deed of Trust, Mortgage or other security instrument should; at any time be in default, the CITY hereby agrees that, upon the filing of A written application for consent to the Assignment of this Lease to the lending institution, or to a purchaser for value or assignee to the lending institution, CITY will give its consent to such Assignment on condition that -the prospective assignee is financially reliable and is qualified to conduct the type of business permitted under this Lease. 13. TENANT agrees that it will at all times save CITY free and harmless andiindemnify it against all claims for labor or materials in,connection with any improvement, .repairs or alterations on the leased premises, and the cost I of defending against such claims, including reasonable • attorney's fees. In the event that;any lien or levy of any nature - 7 - EXHIBIT /1 Z. V. gage _� of _ "1 6 . L-O-uI whatsoever i-s filed agairist the leased premises.or the i leasehold interest, the TENANT shall be required to deposit i with CITY a bond conditioned for payment in full of all i .. claims on which said lien or.levy has been filed. Such bond shall be'pLcknowledgeld by TENANT as principal and by a corporation ,rlicensed liy the Insurance Commissioner of J the State of California io transact the busJess of.a ). fidelity and surety insurance company as surety. CITY shall have the right to immediately terminate this Lease in the event the bond required by this paragraph has not 1 been deposited with the CITY within ten days (10). after the filing of such lien or levy. A mortgage or the beneficiary in any deed of trust, which mortgage or deed of trust is on record with CITY, shall have the right'to file such a bond on behalf of the TENANT. .. above ground level 14, All /structures, installations or improvements of any kind which are placed upon the leased premises by TENANT shall, at the option of CITY, be removed by TENANT within sixty (60) days after the expiration, of the term of this Lease (including any extension thereof) or other sooner termination providing CITY gives notice in writing, not later than ninety (90) days prior to the expiration of the lease term, of its decision to require that such improvements be removed. If CITY exercise's such option and TENANT fails i to remove such installations or improvements within said sixty (60) days,CITY shall have the right to have such installations or improvements removed at the expense of TENANT. If CITY does not exercise.such option then the title to such installat ons or improvements, excluding'all machines, appliances, and trade fixtures placed on the premises by TENANT, shei 11 vest in CITY, and except for such machines, appliances, and trade fixtures, TENANT u' h in rovements shall not remove any s cp • • • - E - EXHIBIT A e page �J— — .. M 6 H 2-8-69 15. Except as otherwise provided in Article 16 below, TENANT shall, at its sole cost, keep and maintain the Premises and all improvements of whatever kind that may I be now or hereafter erected, 'installed, or otherwise made i thereon by TENANT, in good •and sanitary order, and condition, and shall make f11 necess ry repairs and•alterations there- to. TENANT further shall provide proper containers for trash and garbage and keep the remises at all times free and clear of rubbish, debris and litter. 16. CITY covenants and agrees to keep in proper maintenance and repair ail bulkheads or seawalls in the Morro Beach Harbor abutting the demised premises. 17. CITY reserves the right to enter upon .the premises, or any portion thereof, from time to time, for the purpose of inspecting or repairing any facilities • owned, operated, or controlled by CITY and for the.pu;pose. of establishing, extending or rebuilding a seawall, quaiwall(. bulkhead or mole, conducting dredging operations or other,." wise to make any such repairs or improvements as�are necessary to the continued maintenance or repair of Morro Bay Harbor, j 18, Excepting only as in this Lease expressly provided, CITY.shall hav�no duty, obligation, -or liability • whatever to care for or maintain the.premises, In the event that, by any express provision of this Lease,'CITY agrees to care for or maintain the whole or any part of the premises, such agreementlon the part of CITY shall constitute i a covenant only, and no obligation or liability whatsoever shall exist on the part of CITY unto TENANT by reason thereof unless CITY fails to commence•performance of such obligation with reasonable diligence after receipt of a written, notice • from TENANT. - 9 - EXHIBIT h page of 5 M & H 2-9-69 `- 19. TENANT shall not assign or transfer the whole or any part of this Lease or any interest therein, nor sub- lease the whole or any pajt of the leased premises, nor permit transfer of the Lease:or possession of the leased premises by merger, consolidation, incorporations or dissolution, nor permit sale of a controlling interest without the consent of CITY, evidenced by resolution, first had and obtained. It is mutually agreed that the personal qualifications of the person named herein as TENANT is a part of the consideration for granting of this Lease and said party does hereby agree to maintain active control and supervision of the operations conducted on .the leased premises, CITY shall not unreasonably or arbitrarily with, hold its approval to the assignment or transfer of this Lease to an assignee who is financially reliable and qualified to conduct the business for which this Lease was granted. 20. Other than as set forth in this paragraph,. neither the.leasehold nor any interest therein of TENANT shall, without the consent of CITY, be assignable or transferable in proceedings by or against TENANT in execution, bankruptcy, insolvency, or in any other manner by operation of law. In the event of TENANTS bankruptcy or other insolvency proce4ding against TENANT, this Lease shall, at the option of CITY, 'immediately cease and terminate and all rights of. TENANT Tereunder shall 'immediately cease and terminate. In no event shall this Lease be or be treated as, an asset of TENANT after insolvency or adjudication of bankruptcy. Nothing herein contained shall defeat any loan made to TENANT by anv financial institution or other lender for value. This lease may be assigned by TENANT as security • • for a loan for the improvement of the lease premises for • the business permitted to, be conducted therein, In the EXHIBIT_ - la k0 of 5 I . page v M & H 2-0-69 3-6-69 n L� ,event of default by TENANT of any loan payments to any financial institution or other lender then, upon written request to CITY, CITY wil permit the assignment of such lease to such financial i stitution or other lender for .the balance of the term o 'this lease, providing such assignee maintains each, every and all of the terms and conditions of.this lease,jincluding payment of rental. It is the intention of CITY to cooperate with TENANT in securing adequate financing for the full development and utilization of the lease premises, subject to the terns of -:the tidelands and sukm1e ged lands trust. Nothing herein contained will prevent the trans- .fer 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, so long as any such • successors is reasonably qualified to conduct and business and naintain the terms and i conditions of this lease. Probate sale of the leasehold interest will be permitted , providing the buyer is reasonably satisfactory from a 'financial responsible and 'business qualification stand- point with CITY. 21. TENANT shall pay, before delinquency, all taxes and assessments levied upon or -assessed to TENANT I or the leased -premises b yxeason of said Lease or of any appliance, 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 premises, and TENANT shall pay any fees imposed by law for licenses or permits for any business or activities of TENANT upon the leased premises. 22. CITY shall not be meld liable for r. • any damage to the goods, properties or effects of TENANT 11 - EXHIBIT !� �� `% r;.: page of 1 or any of TENANT'S repre$ entatives, agents, employees, guests, licensees, invites, or any other person whatso- ever, nor for personal in to or deaths of any person caused by or resulting from any act or omission of any person arising out of -TENANT'S use of the leasehold premises. TENANT agrees;to indemnify and save CITY and its authorized agents, officers, and "employees free and harmless from any of the foregoing liabilities and any cost and expenses incurred by CITY on account of any claim or claims therefore, including reasonable attorneys fees. 23. Additionally to and independently of all other provisions of this Lease, TENANT shall, at its own cost and expense, forthwith after the execution hereof, procure a policy or policies of comprehensive public liability and property damage insurance, with the limits • of not less. than $200',000.00 for injuries to or death of any one (1) person, and $500,000.00 for injuries to or i death of any two (2) or more persons, and $75f.000..00.for property damage, issued by insurers approved in writing by CITY whereof CITY sha 1 be the named or additionally named insured. The term of said policies may be for such. period as shall be designated by TENANT; provided, however, that within two (2) mont s prior to the expiration of such. i insurance terms, TENANT hall procure other policies of said insurance so that between the execution of this Lease. and the commencement of .the lease term, and throughout the entire lease term or any renewal thereof, or until the sooner termination hereof, CITY shall always be a named insured under the policies of comprehensive public liability and property damage insurance in accordance with the fore- going. Certificates of said insurance, together with the • receipts for the payment of premiums for the terms thereof, 12 _ _.. ._-..._ ._ RXHI ;y 4;; page -Of .51 S M shall be delivered to CI Y within ten (10) days after the, • execution of this Lease, and thereafter within thirty ... r Y (30) days prior to the expira ion of the term of each such policy. Said policies shall contain a i non-cancellation=without-notice clause and shall provide that copies of all cancellation notices shall be sent to°CITY. 24. TENANT covenants that it shall maintain at its own expense and keep:in full force and effect during the term of this Lease,' Workman's Compensation Insurance' as provided by law. 25. TENANT, at all times during the lease term,. . shall maintain in effect, at its own cost, fire insurance with an extended coverage endorsement, approved in writing by CITY, in an amount equal to at least ninety per cent (90%) of the insurable value of the buildings and other improvements on the prem"es owned by TENANT. Said policies • shall contain a non -cancellation -without -notice clause and shad pzovide that copieslof all cancellation notices 'shall be sent to CITY. _ All fireinsuranle'mone received b either Y Y party. re the performance..by TENANT of.its shall be held to secu. obligations under this Lease to repair, replace or re- construct anyof its buildings, installations or other ' improvements located on the Premises that have been damaged or destroyed. The available fire insurance proceeds shall be used to repair, replace, and reconstruct any building on the demised premises so damaged by fire. Nothing herein contained shall require.TENANT to expend more than the fire insurance proceeds for such purposes. 26. Notwithstanding any provisions herein tothe contrary, the terms "assignment", " 4 , subletting", "occupation", or ".use" shall not be construed or interpreted to mean or include the renting or leasing of boat slips, motel, hotel • 13 - EXHIBIT A Page ___L3 Of • .5' U 1 ,1 M & H 2-8-69 rY. Or apartTent'accommodations on the. premises. The renting or leasing of boat slips,fand motel, or other accommodations shall come under applicable 'governmental rules and regula- tions, and if TENANT rents or leases any such boat slips or motel or other 'accommodations, contrary to such rules and regulations, unless such violation should be corrected within ten (10) days after written notice to TENANT, CITY reserves the right to cancel said Lease of any such slip, motel, or other accommodation rented contrary to such applicable rules and regulations and TENANT will refund any advanced rental. 27. Termination.of this Lease prior to expiration of the lease term shall not serve to cancel approved sub- leases, but shall operatelas an assignment to CITY of any and all such subleases and all rights of TENANT thereunder shall terminate and shall pass to CITY. CITY agrees to be bound by the terms of aid subleases so long as sublessees are not in default in .the performance of the Obligations of said sublease, 28. Not by way f limitation, the following shall be deered a default by TENANT and a breach of this Leaser any other sum; (a) Failure to pay rent, additional rent or (b) Failure to do, observe, keep and perform any of the terns, covenants, conditions and agreements of this Lease.to be.'done, observed, kept or performed by TENANT; (c) The voluntary or involuntary assignment or transfer of TENANT'S interest in this Lease without prior written consent of CITY, the filing of a voluntary or in- voluntary petition in bankruptcy, or for reorganization, or i for an arrangement by -or against -TENANT if TENANT is a sole • • proprietor or corporation) or against any member of TENANT EXHIBIT A. I_ , - Rage —L' id i C J • M & H 2-6-69 \ � u if TENANT is a partnership or joint venture, or adjudication of TENANT as a bankrupt or insolvent, or appointment of a receiver of the business or of the assets of TENANT, except a receiver appointed at the instance or request of CITY; or a general assignment by TENANT, or any assignment for the benefit of its creditors;�and (d) Failure to immediately commence curing of default involving other than payment of money, and promptly proceed in good faith to rectify the same and prosecute .the same to completion with diligence. 29. CITY has the election upon occurrence of the following: (a) If TENANT'S interest or any part of its interest, in this Lease is! assigned or transferred,. gither voluntarily or by operation of law, except with CITY'S prior - written consent had and obiained, or if (b) A voluntary petition in bankruptcy or for reorganization or for an arrangement is filed by TENANT, if TENANT is a sole proprietor or corporation, or is filed by any member of TENANT, if TENANT is a partnership or joint venture, or if ' (c) TENANT, `or any member of TENANT if TENANT is a partnership or a joint venture, is adjudicated bankrupt or insolvent or :Hakes a general or other assign-. ment for the benefit of creditors or applies for receiver- ship or a trusteeship, or if (d) 'TENANT fails within sixty (60) days of receipt of written notice from.ClTY to obtain dismissal of a petition in bankruptcy or for reorganization or for an arrangement filed against TENANT, if TENANT is a sole proprietor or Corporation,,or against any member of TENANT, if TENANT is a partnership for joint venture, or if (e) TENANT fails within sixty (60) days of EXHIBIT IN page 6 of 51 M c x 2-8-69 receipt of written notice from CITY to obtain dismissal of the application of a creditor for the 'appointment of a receiver or trustee of the business or the assets of TENANT, or of any member of TENANT if TENANT is a partnership or . joint venture, except a receiver or trustee appointed at the instance or request of CITY, or'if (f) TENANT fails within ten (10) days of receipt of written notice from CITY to remedy any default in the payment of any sum, including, but not limited to, payment of rental, or any deficiency of any security deposit due under this Lease, or if (g) TENANT„ after receipt of written notice from CITY, fails to remedy any other default, or to keep any other term, covenant condition of this Lease with all reasonable dispatch, not exceeding the sixty (66). days; - then, in addition to any other remedy CITY may have by operation of law, or othenlaise provided herein, CITY shall have the right and the option,without any further demand or notice, -(and such notice is hereby waived by TENANT) to re-enter the Premises and eject all persons from the J Premises, using all reasonable force to do so. and :Pl.g•d/ /'0 which e t TENANT shall immediately pay CITY a sum of �{� {VA money equal to amount;:if any, by.which the then cash JIB value of the rent reser under this Lease for the balance of the lease term exceeds the t cash' reasonable rental,(�.� %gyp. /� values of the Premises for:the balance the lease term, /j/J 4p n, giving TENANT credit for any unused deposit, as t forth �4 444 WIV14^ 16 - • • EXHIBIT A page _1(.o of �_ M G H 2-E-69 • i upo such terms and conditions as CITY -.may deem advisable, in whi ' event the rents received on such reletting shall be applie irst to the expenses of such reletting and collection, i lading necessary renovation and alterations Of the Premises, easonable attorneys' fees an , real estate commis sions.p id; and'thereafter to sums due or to become d Pa ymant of all I CITY under this Lease, and if a sufficient sum shall no b realized to pay such sums and . other charges, TENANT shall pa CITY an deficient y y, not- withstanding CITY may h�ve receiv rental in excess of the rental stipulated to in this Lea in previous or IP subsequent months, and CITY may bring an ction therefor as such monthly deficiency shall arise. CI shall in no event be liable in any woy OL&V�A • whatsoever for fail e.to relet the Premises, W or in the event that the Premises ar relet for failure 'to collect the rent thereof under such re • 30. Any such right of re-entry reserved to CITY shall be allowed by TENANT without hindrance, and CITY shall not be liable in damages for any such Ye -entry, or be guilty'of trespass or forcible entry. 31. In the event of the bringing of any action by either party hereto against the other by reason of the breach of any covenant or condition on i4e part of the other party or arising out of this Lease, then and in that event, the Party in whose favor final judgment shall -be entered shall be entitled:to recover from the other party reasonable attorneys fees to be fixed by the court wherein such judgment shall be entered. 32. In the evert of a default or threatened default 17 - EXHIBIT % __ <_: Page k i of M & 11 2-E-65 i .bv TENANT of any terms,. c venants, conditons or agreements of this Lease, CITY shall have the right of injunction and the right to invoke any r medy allowed at law or in equity I as if re-entry or other r medies were hot herein provided for. Mention'- in„this Lease of any particular. remedy shall not preclude CITY from any other remedy at lbw or in equity." 33. If title to all of the Premises is taken for any public or quase-public use under any statute, or by right of eminent domain, then this Lease shall terminate on the date that possession of the Premises is taken. 34. All compensation awarded or paid upon the total or partial taking of the fee title of the Premises or part of the Premises shall belong to CITY. All compensation awarded or paid upon the.total or partial taking of any buildings and other" improvements made by TENANT on the Premises shall belong to TENANT. CITY shall not be entitled • to any compensation paid tIo TENANT for costs incurred by TENANT in removing its furl iture,'equipment, and trade _ fixtures from the _Premiseslor from any buildings or improve- ments on the Premises. No� shall CITY be entitled to any compensation paid to TENANT in the proceeding or action for such taking with respect to removal or relocation costs, or anticipated or lost profits (excluding the value of this Lease to CITY) or damages Ito any personal property or detriment' to the business of TENANT,'or any special damages (excluding the value of this Lease to CITY) to TENANT. 35. If this Lease is terminated pursuant to paragraphs 33 or 34 above, the rent and all other obligations of TENANT hereunder shall be prorated to the date of termina tion. 36. The waiver by CITY of any breach of any one • or more of the covenants, conditions, or agreements of this EXHIBIT % Page _��of N I • M & H 2-8-69 I Lease shall not be construed to be a waiver of any other breach of said covenants; conditions, or. agreements of this. i Lease. Nor shall the subsequent acceptance of rent here- under by CITY be deemed to be a waiver of any. preceding breach by TENANT of any covenant, condition,'.or agreement of this Lease, other than failure of TENANT to pay the Particular rental so accepted, regardless of CITY S know ledge of such preceding breach at the time of acceptance of such rent. 37. Anv and all notices or demands by or from CITY to TENANT, or TENANT to CITY, shall be in writing. Thev shall be served either personally or by .registered or certified mail. Any notice or demand to CITY may be �J given to the CITY CLERY or Mayor of the City of Morro Bay, City Fall, City of MorroiBay, California. Any notice or 'demand to TENANT may given to it at ' I 1626 Placentia, Costa Mesa, California 92627 Such addresses may be changed by written notice given. in .writing by either party to other party. 38. Subject to the provisions herein relating to assignment and subletting, each and all of the terms, con- ditions, and agreements herein contained shall be binding upon and inure to the benefit of the. heirs, devisees, executors, administrators; successors, and permitted assigns of anv and all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. 39. In the event that any provision or provisions Of this Lease is, or is hereafter adjudged.to be, for any ' reason invalid or unenforceable, the remaining provisions Of this Lease shall continue to exist and remain in full force and effect. • 40. Time is of!the essence of each and all of - 19 - EXHIBIT A page �q of S L M&H 2-22-69 20 - the terms and provisions 6£ this Lease, and all covenants, stipulations and agreements, including the agreement to pay rent, in this Lease, shall extend to and bind any per- mitted assigns and permitted sublessees of TENANT. 41. Parties mutually agree,•as set forth in paragraph 2 above, that the TENANT is given the option, which may be exercised once only, to have this Lease for a shorter term, and at reduced minimum annual guaranteed rental. This. option is set forth in Schedule'A attached, and the percentage rentalifigures for different business activities, is set forth jn Schedule A - l attached. Once this option is exercised,lit shall be irrevocable. 42. The parties mutually agree that that certain .Lease entered into, on t1fe'I6th 'day of ' February 19'61 " by and between 'he County of San Luis Obispo, one of the Counties of the StAte of California, as owner, and the undersigned TENANTS as TENANTS, is cancelled effective upon the execution of this Lease. 43. In the event TENANT shall hold over after the expiration of this Lease, such holding over shall be i deemed a tenancy from month to month only, at the same monthly rental and upon the same terms, conditions and provisions of this Lease. 44. It is understood by the parties that this Lease contains the entire understanding of the parties, and TENANT, by accepting this Lease, acknowledges that there are no written or oral understanding by the parties in respect to the demised premises, other than as set forth in this Lease. No modification, amendment, or alterations of this Lease shall be valid unless it is in writing and signed by both parties. This Lease may be terminated, modified, or amended, by written mutual consent of CITY and of TENANT. , EXHIBIT page —� of 5 • • M&H 2-22-69 IN WITNESS WHEREOF, this Lease has been executed as of th'e' 26th day of February 1969 by the City of Morro Bay, pursuant to resolution of its City Council, and by TENANTS. CITY OF MORRO BAY, a Municipal Corporation BYWJJ&G ' MAYO r • • EXHIBIT % Page 2,\ of — i 1. On the first $ 1,530.31shall be paid by $ 1,530.31on the first day during the term of this lea A y of January, l!69, the sum of to City, and a like sum of. each July and January thereafter There shall be a pro -rate for any period of less than six I(6) months; it being understood that the basic rental shall be pad semi-annually in advance. 2. City and Tena it horrby agree that as of July 1,. 1964, the value of the premi es, for the purposes of this lease, was 63.50 per square foot of land and $2.00 per 'sq,uare foot of ". water area, without regard t 3 any improvements located on said premises. The annual rent For the premises shall he a?sum .:. r.equaF°to six percent (6%) of said value of the premises on . 'July 1, 1964, adjusted, .howe er, in direct proportion to any mo4ement of the .Consumers Pr Lce Index above or below.the Consumers Price Index figure for July 1964, which is hereby stipulated to be 109.9. The Consumers Price Index referred to... herein is the Consumers Price Index (All Items) for Los Angeles, California, as compiled and published by the United States Department of Labor, Bureau of Labor Statistics '(hereafter called i' the "Index"). The adjustment: t;.r any given year shall be made according to the following formula: c .6% of value of Premises X (annual rent for on .tul 1, 1964 _ year in question) r6?.17 In ex iqure Average mont Ty —index for July, 1964) for year in question The average monthly index is computed by adding the twelve month!•; index numbers for the twelve month period beginning April 1 of the prier ;ear and ending March 31 of the year in question and they. dividing by twelve. SCll EOUL. ! A Page 1 • • • 1 The rent shall be adjusted once each year on July 1. and'will remain in effect, as adjusted, until July 1 of the following year at which time it will be re -adjusted using the average monthly index figure for the twelve month period ending March 31 of that year. If the United States 'Department -of Labor, Bureau of Labor Statistics, shall cease to compile and make public the Index as now constituted, compiled, published, and issued monthly, but shall substitulte another index,in its place, then said.substituted index shall be used for the purpose of adjusting .the rent for the leased premises. If, although the Index as now constituted, compiled, ublished, and issued, continues in force and effect, but a ne consumer price index should be devised by the Department o Labor, Bureau of Labor Statistics, so as to apply to and include more specifically Lessor's -City and the premises located therein, then said devised index shall be substituted and used forjthe purpose of adjusting the rent. The annual rent shall be -paid in twelve equal monthly installments. Each installment shall be due and payable in advance on or before the first day of the month for which payment is made. 3. The parties.hereto contemplate that the harbor improvements will be constructed as contemplated in the stipulation entered into in the case of Pipkin versus State of -California, et al; by October 1, 1970. Until October 1, 1970, or until said improvements are substantially completed, whichever shall first' occur, Tenant shall pay City.a reduced annual rental of $ 11312.8a per year, payable.in semi-annual installments in advance, on or before January 1 and July ll'of each year, commencing January 1, 1969. There shall be an appropriate pro -rate for any period of less than six (6) months. lIt is agreed that the presgnt rental h is $ 1,312.80 per year. For the purpose of this lease, said harbor improvements as referred to above, shall be deemed to have been substantially completed when the improvements as contemplated in the stipulation in said case have been constructed t to a cost of $175,000. i 4. If said improvements described in said stipulation i have not been substantially completed prior to'July 1, 1970, and provided that Tenant has not breached any provision or obligation set forth in said stipulation, Tenant shall have an option to terminate this lease by giving City notice in writing of such termination not later than July 15, 1970. 5. A reasonable'time prior to July 1, 1993, an appraisal shall be made of the fair market value of the premises on March 31, 1993. The annual rent payable for the premises i during the year July 1, 1993, to June 30, 1994, shall be six percent (68) of the appraised value of the premises'on March 31, 1993. Thereafter, the rent shall be adjusted once each year on July 1, commencing with the year July 1, 1994. The adjustment shall be made in direct.proportion to any change in the Consumer Price Index (All Items) for Los Angeles, California, above or below the index figure for March, 1993. The followingformula shall be used to adjust the rent: Rant sayable July 1, 1993 X (annual rent for to June 30, 1994 uetion)' vrn nConsumers Price Index Argindex for March, 1993 for year in question The average monthly index shall be computed as set forth in Article 2 herein. The annual rent shall be paid in twelve equal monthly installments. Each installment shall be due and payable in advance on or before the first day of the month for which payment is made. SCHEDULE A Page 3 EXHIBIT A page ---2,-L1 of CJ 171 • •' An appraiser shall be appointed by City to appraise -the premises to determine its value on March 31, 1993. Within thirty 1 J 0 days following written notice to Tenant of the appointment by City of such appraiser, Tenant shall have a right to appoint a second appraiser by serving; upon City written notice of such appointment. If such.w=itten notice is not served upon City within thirty days, the appraisal shall be'made by the appraiser appointed by City and all a penses of the appraisal shall be paid by City. If such written n tice is served upon City within thirty days, the appraised alue of the premises shall be agreed upon by the two appraisers E appointed, each party to bear the expense of the appraiser 40inted by him. If the two appraisers are unable to agree,'they shall appoint a third appraiser, and the appraised value of'the permises shall be the value agreed upon by any two of said three appraisers. If three appraisers are appointed, each'party shall bear the'.expense'of the appraiser. appointed by him, and the parties shall share equally the expense of the thira appraiser. 6. An option is.hereby given by City to Tenant to convert this lease from the foregoing terms to a percentage .of. gross sales and income, and.with a minimum guaranteed rental of fifty percent (50%) of the six percent (6%) valuation as of ' j . 1964; but with such reduced'minimum guarantee subject to adjustment as set forth in -'Paragraphs-.2 'and•5•.0f.-th'is Schedule A. - 1 Should Tenant, desire to exercise this rental option, . Tenant shall notify City _ to at City Hall in Morro Bay on or before October 1, 197i to this effect. This option, when exercised, shall be an irre ocable option and may not thereafter be changed. Should Tenant so exercise its rental option, then the basic term of this lease shall be changed from fifty (50) years commenci.g October 1, 19681to a term of fifteen (15) years, commencing October 1, 1968; the parties agreeinIo that the shorter term is a fair andequitable adjustment for the reduction in the guaranteld rental. ! In addition to the 'other terms and covenants, and the prompt payment of theireduced minimum guaranteed rental as set forth in this Schedule A, Tenant shall: (a) Tenant shall and will pay to City at the times and in the manner hereinafter specified; an additional rental _ i in an amount equal to th're'e'3 percent of the 'amount of Tenant's . gross sales (as gross sales are hereinafter defined) made during each calendar quarter,of the term hereof, in, upon or from the demised premises, less the aggregate amount of the minimum rentals paid by Tenant during said calendar period, attributed to such quarter, (b) The tern gross sales, as used herein, shall (subject to the exception and authorized deductions as herein- after set forth) mean the gross amount received by Tenant from all sales, both for cash and on credit, and in case of*sales on credit Whether or not payment be actually made therefor; all charges for services, alterations or repairs made in or upon the demised premises; the gross amount received by Tenant for merchandise sold pursuant to orders received in -the demised premises, though filled elsewhere; and the gross amount received by Tenantifrom any and all other sources of ' income derived from the.b siness conducted upon the demised premises. (c) There is a cepted from Tenant's gross sales (as said term is used her in) the amount of all sales tax receipts which has to be accounted for by Tenant to any government or governmental agency. There shall be deducted from Tenant's gross sales!(for the purpose of accounting to City), the amount of any actual refunds or credits made by SC%_EDUL£ A Page 5 F� • • EXHIBIT page 2,u of . <, • • Tenant for returned merchandise,.the amount whereof had theretofore been included by Tenant in Tenant's gross sales, I (d) Tenant shall -keep full, complete and proper books, records and accour.-s of the ,gross sales (as the term gross sale$ is used erein), both for cash and on credit of each separate d partment and concession at any time operated .in the demi ed premises; said books, records and accounts, including a y sales tax reports that Tenant may be required to furnis any government or governmental agency, shall at all reasonable times be open to the inspection of Tenant, Tenant's auditor or other authorized representative or agent. (e) Within.thirty (30) days after the end of each calendar quarter commencing with the 30th day of January 1971, Tenant shall furnish City with a statement,. to be certified as correct by Tenant or the employee of Tenant authorized so to certify, which shall set forth the gross sales (as herein defined) of each department and concession o eratin p g.in thledemised premises for the calendar quarter just concluded, an the authorized deductions, if any,. therefrom. Within thirty (30) days immediately follow- ing the end of each leasehold year, Tenant shall furnish i City with a statement of tPe gross sales during the year so concluded of each of its said departments and concessions separately, and the amount of any authorized deductions therefrom (including therein the aggregate of the minimum guaranteed rental paid during said year); -said last mentioned statement shall be certified as correct by Tenant or the employee of Tenant authorised so to certify, and with it Tenant shall pay to City the amount of the additional rental which is payable to City as shown.thereby SCF.EDULE A?age 6 If Tenant sha11BXHIBIT page 9 of i I at any time cause an audit of Tenant's business to be made by a public accountant, Tenant shall furnish City with a copy of said audit without any cost'or expense to City. City may, once in any callndar year, cause an audit of the business of Tenant'toibe made by a public accountant of City's own selection and if the statements of gross i sales previously made by Tenant to City shall be found to be less than the amount of Tenant's gross sales shown by' such audit, Tenant shall immediately pay the cost of such audit as well'as the additional rental therein shown to be payable by Tenant to City; otherwise the cost of such audit shall be paid by City. (f) The acceptance by City of any moneys paid to City by Tenant as additional rental for the demised premises as shown by any statement furnished by Tenant shall not be an admission of the accuracy of said statement, or of the sufficiency of the amount of said additional rental payment, but City shall be entitled at any time within two (2) years after the receipt of any such additional rental payment to question the sufficiency of the amount thereof and/or the accuracy of thelstatement 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, and the sufficiency of any additional rental payment made in accordance therewith, Tenz t shell for said period of two. (2) years after submission to Iity of any such statement keep . safe and intact all of TenI ant's records, books, accounts and other data which in any, wise bear upon or are required . to establish in detail -Tenant's gross sales and any authorized deductions therefrom as shown by any such state- ment, and shall upon request make the same available to City, • • City's auditor, representative or agent for examination at /AX • any time during said two (2) year period. EXHIBIT s: 1LnTiLE A Pr. Page �� of 5 • • • .J i i SCHEDULE OF PERCENTAGE RENTALS Applicable to each of th uses permitted under the lease Aquarium Bar or cocktail lounge �' Boat haul out, repair, painting, and similar activities Broker, boat or yacht Broker, insurance Deck space (per sq. ft.) Fish market Fish and seafood processing (abalone, oysters, etc.) Floats, docks, piers, filled parking (supporting upland uses.) Gasoline, oil and diesel fuel Hardware, marine Launching boat and ramp Leasing, boat Machine shop Marina Marina - motel (boatel) Party boat ' Professional office Rentals, boats and motors Repairs, boats and motors Restaurant - food only (bar, if Sales, boat, new or used Sales, motor, new or used Sales, retail, all other Sales, boat trailer,'.new or us c Snack bar Storage, boat Tackle and/or bait Trailer park, camping any, 10t) SCHEDULE A-1 Page 1 PERCENTAGE OF 5 10 3 10 7 5,06 sq. ft. 5 . .06 sq. ft. (or 3% of supporting gross) 5 (or 1-1/20 per gal. whichever is greater) 5 20 5 5 20" 10 5 5 10 5 .. 3 3 5 5 5 5 20 5 7.5 EXHIBIT page Iin of RESOLUTION NO. 56-69 RESOLUTION APPROVING FORM, OF LEASE AMENDMENTS T.H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City Attorney has reported to this City Council of his extensive negotiations with John Norek regarding the settlement of his phase of the Pipkin litigation, and .upon the recommendation of the City Attorney the following resolution is hereby proposed: NOW, THEREFORE, BE IT RESOLVED that paragraphs (i) and (ii) appearing on page 16 of the new lease form heretofore tendered to John Norek and identified as "M&H 2-8-69", and approved by this City Council by Resolution No. 29-69 are hereby deleted from the Norek lease, and BE IT FURTHER RESOLVED that the amendment to lease to be entered into between this City and John Norek, a copy of which amendment is attached hereto, is hereby approved, and BE IT FURTHER RESOLVED that it is for the best interest of the City of Morro Bay, the development of the Morro Bay Harbor, and for the promotion of navigation., fisheries, and marine commerce that a shipyard having capacity of hauling and repairing vessels of a length of at least 50 feet be continuously maintained in Morro Bay Harbor, as. is provided in such amendment to lease. On ::lotion by Councilman Donohoo and seconded by Council- man Bickford the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: A1'ES: Councilnan Bickford, Donohoo, Giannini, Reiser, and Mayor Mallery NOES: None ABSENT: None ADOPTED: July 22, 1969 Ica WESLEY E. i•;ALLERY, Mayor EXHIBIT ATTEST: ; page cJ 7 -: - 0. • • • 11 AMEND'vH:NT TO LEASE 3 This amendment is entered into by and between the City of 4 Morro Hay, a municipal corporation, herein called CITY, and John 5 Norek and Erma Norek, husband and wife, herein called NOREK. 6 W I T N E S S E T H 7 WHEREAS, CITY and NOREK have entered into a fifty (50) year 8 lease dated and effective as of October 1, 1968 concerning Lease 9 Site No. Twenty -Two (22), said lease including Schedules A and A-1; 10 and 11 12 13 I' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, said lease contains an option that may be exercised on or before October 1, 1171 to shorten the term of said lease from fifty (50) years to fifteen (15) years beginning October 1, 1963, and on a percentage rental of sales of goods and services, with one-half (1/2) of minimum rental of the fifty (50) year term, (subject: to adjustments) all as contained in said lease and attached schedules; and 41IEREAS, it .is desirable for L.a proper development and operation of the harbor of Morro Day that a shipyard be maintained to service vessels using said harbor; NOW THEREFORE, CITY.and NOREK agree that the aforesaid lease with supporting schedules shall be amended in the following respects only: '(1) An additional option is granted by CITY to NOREi which: may be exercised on or before October 1, 1970 by delivering written notice of exercising of option to CITY. The additional option is to modify and change the term of the aforesaid lease to thirty ,30) years, corzencing Octobe.- 1, 1968. This is conditioned upon: i(2) Good faith operation and maintenance of a shipyard on [said pease Site No. Twenty -Two (22) for continuous operation during the term of thirty (30) years from October 1, 1968; with allied uses to a shipyard being nermi tted. EXHIBIT page 3.— of I 1 (3) said shipyard• at all times shall be capable of handling 2 and hauling vessels to a length of at least fif 3 weighing twenty (20) tons gross weight. ty (50) feet and 4 (4) At such time as I,10.TtEK or their successors in into on 5 said lease Shall discontinue the 6 wit Primary purpose of this lease, to the operation of a shipyard on said lease site, for a 7 of thirty (30) days without written consent of Period 8 m?y notify NORE)C of the CITY, then CITY prior termination of said lease, prior to 9 the expiration of its thirty (30) year term; and in such an evert, 10 A'OREK may have ninety (90) days 11 all improvements date of said notice to Of their personal property and remove mpTOvements placed on said 12 Lease Site No. Twenty -Two (22), Any property left on said lease 13lsite by NOREK upon the expiration of said ninety (90) dz 14 shall be considered abandoned b Y Period 15 Y NOREK and surrendered and the ownership of such to CITY, 16 Property, including improvements • vest absolutely in CITY, shall 17 (5) Percentage rental shall be paid by yo2EK to CITY, with 19lthe`y'.to be Wald at the time end in the manner set forty in pr.mlease and schedules: that" 20 gross receipts from the Opera is, three percent (30) of the 21 aPP'-iccble percent, tipn of the shipyard; and the 22 `age as set forth in Schedule le A-1 forany such as szle of boats allied 23 and equipment; and tie m' guaranteed rental shall b Minimum 24 e one-hzlf (1/2) of the minimum guarantees'. rental of the fifty (50) year term, such reduced mirir,.;;m 25 rental being One Thousand Six•Hundrdd.F.ive.ard:20 , guaranteed 28 ($1,605.20 /..00,D per year, � ollzrs '27 subject to adjustments as set forth in 28eSchedule A attached to the primary lease. I (6) Each and all of 29 the other terms, Provisions, covenants, nd conditions of the 30I' lease of October 1, 1963 and , Schedules A and A-1 shall rem„i < including Si n in full force and e 32 ffect aS e::PreSsly modified Above. , except i • (7) It is expressly agreed that this lease may be extended ' II -2- E HIBIT A p ge 3 of _t� 1. • • 1'lby mutual consent of the parties, and upon such 'terms and rentals 2 as the parties agree; it being understood, however, that the total 3 of any e:•:tension or renewal of the lease, together with the 4 primary term of the lease shall not exceed a total of fifty (50) 5 years from October 1, 1968. 6 IN WITNESS;WHIZE F, he parties have signed this agreement 7 thisday 1969 .8 NORER 9 10 11 HN�p,EY. . if11 _ CITY OF MORRO BAY, A Municipal 15 Corporation 18 By 17 WESI:EY :E Mayor 18 ATTZST: 19I1 /i 20 21 tt• J'r3IT�LE, 22 23 24 25 26 28 29 30 31 32 -3- EXHIBIT page 3; of sL— RESOLUTXON NO- s7-69RESOLUI MENT OF FROMTION JOHNANOREKING TO UPTE, INCORPORATED T H E C I T Y C'0 U N C I L City of Morro Bay, California WFIEREAs, a request has been made by John Norsk for permission to assign his leeasGeh30dtointerest lin Lease Site and 22 as delineated on Parcel Map N'HER=AS, it is in the public interest rovidedhat sthe passignees roval of thi6 City Council be given to said nmonbe assumed by lessee under assume all the obligations required said lease: NOW, THEREFORE, BE IT RESOLVED by the City Council of the, City of Morro Bay as follows: 1, Consent is hereby given by said Council to the assignment bV John Norek of his interest in Lease site and a$ delineated on Parcel Map MB-68-30 to Upte, incorporated; 2 Parcel The above consent is expressly conditioned upon the under- standing by all .of the parties to said assignment that the City of Morro Bay is not to be in any way responsible or connected with said assignment or the rights of any of the parties amongnt arties involved to said assignment ,nment, exceptnor yonlyeemetheextehextent relating terest as the lessor of the premis the city's ines entitles t to take a position or take action with respect to the leased premises, as set forth in said lease• ent 3, Consent is further Incorporateven for d t nJohn Norskeasssecurity of the lease from Up for the sales transaction. 4. Until the full purchase price is paid by Upte, Incorporated, . to John Norek, should there be any default in the payment of rental or inbt��assignee Upte,e performance ol.ncorPorated, orf the other any permittedOf asas amended, y give notice of such successor in interest, city agrees to g default not only to Upte, Incorporated, or any successor in--��~ John Norek or his successor in interest. interest, but to same f Such notice shall betintthe tenant inmthe name amount possession of time as is g On motion by Councilman Donohoo and seconded by Councilman egoing Bickford the Morro Bay City Council hereby adopts the call vote: proposed resolution in its entirety on the.following roll call vote: er and'Mayor AYES: NOES: Councilmen Bickford, Donohoo, Giannini, Keis , 2Sallery Nor_e Q EXHIBIT page �_ of S_ Cit Clerk for the City of Morro Bay, I, AYdith Davis, Y is a true and correct do hereby certify that the o ad pted by the Moro Bay City copy of Resolution No. council at a regular meeting thereof held on Z0 39Vd 3-11I1 09VDIHO 609ZTPSSOS V0:TT L66T/ZZ./JT • v CONDITIONAL RE -ASSIGNMENT OF LEASE a California corporation, hereby assigns all of its right, title, and interest to '��✓n•' and in and to that certain lease dated October 1, 1968 by and between the City of Morro Bay, a municipal corporation, and :�5y �i \fir and mPr._ his wife o Morro Bay, California, concerning that certain tide and sub- s •,/ +, merged lands lease site known as IY_together� _ — with any subsequent lease between a corporation, and the City of Morro Bay concerning the tide and submerged lands as described in the Assignment of Lease and Assumption Agreement as set forth therein and above, as security for the payment to 7//r✓ N�r�T� and �orA/ !�,F/ by a corporation, for the payment of that certain note in the face __day r� amount of $ � �nhe.nn dated the Y of 1969, and bearing interest at the rate of _f �_e Per annum and payable in G 1 installments over'a period of years. This re -assignment shall be effective upon any default of the undersigned on the above described note or by the completed lore closure, whether by power -Of sale under a deed of trust or by .judicial foreclosure, to i \� ! �, and je ,a � Mapes of the real property described as follows: That certain real property located in the City of Morro Bay, County of San Luis Obispo, State of California, more particularly described as: iwhich deed of trust in part secures the above described note. The i • consent of the City of Morro Bay to this Condition$ent'is page Of S�— i 60 39Vd 311I1 OE)VOIHO 6DSLL45908 00:11 L66L/ZZ/11-1 iL `7 evidenced by the attached certified copy of resolution. approving this Conditional Re -assignment of lease/for security purposes. Dated this � � day of � 1969. 4 EXHIBIT A page 3 of i ASSIGNMENT OF LEASE AND ASSUMPTION AGREEMENT and gErn,�/,�� his wife, hereby assign all their right, title, and interest in and to that certain lease dated October 1, 1968 by and between the City of Morro say, a municipal corporation and 7d. �J AL�ecr. and yC nAr his wife, of Morro Bay, California, concerning that certain tide and submerged lands lease, site known as _Lx�c�• S'7rr 2 _ said property being more particularly delineated on Parcel Map of the City of Morro Bay No. 68-30, which map was recorded on October 10, 1968 in Book 3 at page 10 of Parcel Maps in the office of the County Recorder, County of San Luis Obispo, California. The term of said lease is fifty years, commencing October 1, 1968. Reference is made to said lease, a copy of which is attached to the original of this Assignment of Lease and Assumption Agree- ment foz further particulars. This assignment is conditional upon each of the following: 1. Approval of the City of Morro Bay of this lease assign- ment. Such approval is to be evidenced by certified copy of the resolution of the City of Morro Bay granting this consent; and 2. The execution of the Assumption Agreement attached hereto; and 3. The agreement of the City of Morro Bay to the conditional re -assignment of said lease to assignors herein „'-Z14/ v A�Zer' and L2aa /✓•p_C _ , as security for the unpaid balance of all sums due by assignee to assignor; and 4. City agrees, as shown in said resolution, to notify • assignorsand Ep�,p (.��/ as well, as assignees O� any default, either for the failure to pay rent or other 90 3JVd terms or provisions of said lease; 371I1 OOVOIHO said noticmil DYI1 parties A page -t) I of s i 6VSLZ79908 DO;TT L661/LZ/01 to be in the manner and in the time as set forth in said lease. Dated thisy3:� day of , 1969. a corporation, accepts the aforesaid assignment of lease, and hereby agrees with the assignors and with the City of Morro Bay, a municipal corporation, to assume all of the obligations of the lessee in the aforesaid lease, including the payment of rent at the time and in the manner as therein set forth. SSZGNEE EXHIBIT A' page of S i • RESOLUTION NO. 80-69 RESOLUTION APPROVING AMENDMENT TO LEASE WITH UPTE, INC., LEASE SITE NO. 22 T H E C I T Y C 0 U N C I L City of Mor 'o Bay, California WHEREAS, the reque t has been made by Upte, Inc. for permission*to add a additional use, that of operating a gift shop, on its leas) hold interest on Lease Site No. 22, as delineated on Parcel Map MB-68-30; and i WHEREAS, it is in the public interest that the approval of this amendment be given by the City Council, and providing for an additional rental in the sum of 5% of the gross sales of such gift shop; NOW, THEREFORE, -BE IT RESOLVED that consent is here- by given by the City Council of the City of Morro Bay to • the Amendment to Lease for Lease Site No. 22 held by Upte, Inc., providing for such additional use and additional rental. On motion by Councilman Keiser and seconded by i Councilman Giannini , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Giannini, Keiser, & Mayor Pro Tem Donohoo ` NOES: None i ABSENT: Councilman Bickford and Mayor Mallery. ADOPTED: September 23, 1969 Ali FRED R. DONOH00, Mayor Pro Tem ATTEST: M• J�LITTLE, City C erk • EXHIBIT A page ; I of 5 i '- L � i AMENDME T TO LEASEh� This Amendment is entered Iinto by and.betwee .the City of Morro Bay, a municipal corporation, herein called {CITY, and Upte, Inc., herein called UPTE. W I T N$ SSETH I 1. WHEREAS, UPTE is the holdr of a lease from CITY, entered into for a fifty (50) year term, dated and effective as of October 1, 1968, and as amended by Amendment dated July 306;`; 1969 concerning tidelands Lease Site No. 22; and WHEREAS, UPTE requests permission to operate.agift shop covering an area of twenty feet (201) along the south line of said Lease Site No. 22 by forty feet (40') frontage along the east line of said lease site, and facing the Embarcadero, all in the City of Morro Bay; and WHEREAS, it is desirable for the proper development that said requested Amendment be permitted; NOW, THEREFORE, CITY and UPTE agree that the aforesaid lease with supporting schedules, as amended, shall be further amended in the following respects only: ' (1) An additional princilal use is added to said lease to permit the operation of a gift shop in addition to:the other permitted uses; said gift shop to be located only within a site twenty feet (20') by forty fee (401) located in the southeasterly portion of said Lease Site No. 22, with the forty foot (40') frontage facing on the Embarcadero. (2) In consideration for the foregoing additional permitted use, UPTE shall pay CITY five percent (58) of the gross sales, whether cash or credit produced or made in said gift shop; it being agreed that this percentage rental shall be in addition to I • • • EXHIBIT page N � of r the minimum guaranteed rental r rentals as provided in said lease, as amended; said percentage rental shall be charged in the event the option contained in parag lease, as set forth above, is for a thirty (30) year term c forth in Amendment to Lease d 6 of Schedule A of the primary rcised; or in the event the option ncing October 1, 1968, as set July 30, 1969, is exercised. Should neither option for Is shorter term .be exercised, then no percentage rental of sales shall be charged. (3) Should UPTE exerciseleither of its options for a shortened I term and at a reduced primary rental, then by each;;July 31 during I the term of this lease, UPTE shall furnish CITY with a statement, certified as correct, which shall set forth the gross sales of the gift shop for the previous twe ve (12) calendar moths, ending June 30, just concluded; and with statement UPTE shall pay to CITY the additional five percent (5%) rental for the sales as set forth in said statement. (4) Each and -all of the Other terms, and conditions of the lease of October 30, 1968, A and A-1, and the Amendment t. Lease of July 30, in full force and effect excep :as expressly mods IN WITNESS WHEREOF, the this %4 day 4zjtt .ATTEST:�` _ Q. I LE A•.0 t): C er rties have signed 1969 CITY OF MORRO BY �jLuO/P FRED. R. D( :-2- covenants, 69 shall remain d above;. s agreement 1; A Municipal Corporation Mayor Pro Tem EXHIBIT page q— of Si . : RESOLUTION No, 95_69 RESOLUTION CONCERNING LEASEHOLD TITLE INSURANCE T If E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, as an integral part of the settlement in the Pipkin litigation,. certain plaintiffs were given leases On tidelands property for a term conanenc£ng October 1, 1968, and running for a primary term of fifty years; and WHEREAS, during the negotiations concernin revi lease form, a major objective wmerchantable, as to make certaisions of the would be as it Wascertain that the leases Improvements would be constructedcontthelleaseatedthat sitesnandntocbee9 financed with conventional financing; and WHEREAS, financial institutions as a matter of course require Policies of title insurance insuring the property on which the loan is being made, up to the full amount of such loan, and WHEREAS, Certain of the holders of the Pipkin type leases have expressed concern as to the availability of title insurance es finance improvements which they believe are necessary ra provide to an adequate Income to support the new rental schedulel and WHEREAS, the counsel for the State Lands Commission has assured this city that policies of title insurance pre generally available for development of the tide and submerged lands lease sites administered by the various cities and other political sub- divisions of this stater and 1, r, F;HEREAS, two of the major title insurance companies in this county have heretofore written policies insuring the validity of tideland leases within this city together with insuring the rights of the tenants thereunder: NOW, THEREFORE, BE IT RESOLVED as follows: f (1) That the City Administrator and the City Attorney take any steps as are reasonably necessary to assure that such tenants will be able to i' secure policies of title insurance for the purpose of enabling them to secure improvement loans on their leaseholds. (2) That the city authorize the ordering of one policy of title insurance on Such a be camouted lease with the title insurance tobeinothe face ntt of 525,000.0o. (3) That the City Council further resolve that the increased • rental scheduled to go into effect when the planned harbor improvements are com lets but October 1, 1970 bep not later than �Postponed as.a policy of titleinsuranceade � adequate on such a leasehold site is obtained. of �— page RESOLUTION NO Page Two That a copy of this resolution be furnished to each Pipkin type leaseholder and a copy by placed in the city lease file. on motion by Councilman Bickford and seconded by Council- man Keiser , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: Councilmen Bickford, Donohoo, Giannini, Keiser, s Mayor Mallery None December 9, ii . t ;may:\� EXHIBIT page -3 of SI: 1, Ardith Davis, City Clerk for the City of Morro Bay, do hereby certify that Anllg�p—thereof regoing is a true and correct copy of Resolution No.adopted by the Morr Ba CityCouncil at a regular meheld onJAR 3-11I1 09GOIH0 64GL1DG908 40:11 L661/7,6/01 NO. 18-75 RESOLUTION AUTHORIZINGICHANGE$ IN PERMITTED USES ON LEASE SIT, NO. 22, GUNTHER T H E C I TIY C 0 U N C I L City of Morro Bay, California WHEREAS, it is mutually agreed between the City Council of the City of Morro Bay and Mr. and Mrs. Ralph I: Gunther, holders of leasehold interest in Lease Site No. 22, that the an addi- tional use be.added to the permitted uses on said lease site as follows: "Operation of charter and party boats" and; WHEREAS, the present permitted uses on said lease site are as follows: "Boat haul out, repair, painting, allied acti- vities; the maintenance of floating docks; boat displays and sales; boat building, including machine, carpenter and paint shops; uses inci- dental to the construction, repair, sales and rental of boats and marine equipment; and inci- dental residential uses for the yard owner, manager and yard personnel only; operation of a gift shop." NOW, THEREFORE, BE IT RESOLVED that the permitted use "operation of charter and part boats" be added to the list of permitted uses on Lease Site No. 22.. On motion by Councilman Jennings and seconded by Council- man Mitchell , the Morro Bay City Council hereby adopts the foregoing resolution in its en irety by the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: February 24, 1975 FRED R. DONOHOO, Mayor ATTEST: M. L.'WARDEN, City Cler EXHIBIT �.. Page 4of • • i RESOLUTION NO. 34-72 .' RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO. 22 FROM UPTEIINCORPORATED TO RALPH I. GUNTHER,AND SHIRLEY J. GUNTHER T H E C I T Y C 0 U N C'I L City of Morro Bay, California WHEREAS, a request has been made by Gaylord M. Uptegrove, President and Ralph I. Gunther, Secretary of Upte Incorporated, a corporation, to transfer the corporate leasehold interest in Lease Site No. 22 td Ralph I. Gunther and Shirley J. Gunther, husband and wife; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment, provided the assignees assume all the obligations required to be assumed by lessee under said lease: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: I. Consent is hereby given by said Council to the assignment by Upte, ;ncorporated of the corporate leasehold interest in Lease Site No. 22, to Ralph I. Gunther and Shirley J. Gunther, husband and wife; and 2. A copy of the Assignment of Lease and Assumption • Agreement is made a part of this resolution; and 3. This assignment shal2 become effective upon receipt by the City of the executed Assignment of Lease and Assumption Agreement. On motion by Councilman tonohoo and seconded by Councilman McConaghay , the Morro Bay Cifty Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: April 24, 1972 D ELC, M`ITCHELrL-,"Mayor ATTEST: M 1J RESOLUTION APP LEASE SITE NO. 30-75 G AMENDMENT TO 22 (GUNTHER) T H E C I T. y C O U N C I L City of Morro Bay, California WHEREAS, a request has been made by Ralph I. Gunther and Shirley J. Gunther, lessees of. Lease Site No. 22 to amend that certain document entitled "Amendment to Lease", dated September 24, 1969, by and between the City of Morro Bay, lessor, and Ralph I. Gunther and Shirley J Gunther as successors in interest to Lease Site No. 22; and I WHEREAS, such request would amend Section (1) of "Amendment to Lease" by permitting lesseeito use an additional thirty feet (30 ) along the south line of Lease Site No. 22 for the present gift shop; and WHEREAS, itis in the public interest that the approval of an amendment to "Amendment to Lease" be approved. NOW, THEREFORE, BE IT RESOLVED that Section (1) of "Amend- ment to Lease" for Lease Site No. 22 is hereby amended to read as follows: (1) An additional p lease to permit the addition to the othe shop to be located o (501) by forty feet easterly portion of the forty foot (401) On motion by Council Jenr 'Brown. , the Morro Bay Ci going proposed resolution in i call vote: incipal use is added to said peration of a gift shop in Permitted uses; said gift ly within a site fifty feet 401) located in the south- aid'Lease Site No. 22, with frontage facing on the Embarcadero. .ngs and seconded by Councilman y Council hereby adopts the fore- s entirety on the following roll AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo i NOES: None ABSENT: None ABSTAINED: Councilman Mitchell ADOPTED:' April 28, 1975 P PRED R. DONOH0O, Mayor ATTEST: .. M../L. WARDEN, CIty Clerk J • • EXHIBIT page y( of . 51 FO ASSUMPTION AGREEMENT LEASE SITE NO. 22 RALPH I. GUNTHER and SHIRLEY J. GUNTHER accept the afor, said assignment of lease from Upte, Inc., and hereby agree w the assignors and with the City of Morro Say, a municipal o0. poration, to assume all of the obligations,of the lessee in aforesaid lease, including the payment of rent at the time a; in the manner as therein set forth. Assignees acknowledge the superior title in the leased premises of the State of California and the City of Morro Sa, as successor trustee of said land and agree not to contest s; title. Assignee agrees to pay liquidated damages of Twenty . Thousand Dollars ($20,000) and attorney fees in the event the assignees contest such title. • Assignee relies solely on his individual determination i assignors right to assign the validity of all previous assigi ments, and his determination of the existence of any claims i liens against said lease and acknowledges and understands th+ City is not responsible for or connected with such rights or claims except to the extent of the City's interest and rights Lessor and trustee of the lease site. - - SHIRLEY GI�2 T E STATE OF CALIFORNIA �/ COUNTY OF SAN LUIS OSISPO • On `d� Z-Y% before me, the undersigned, a NotaryPublic in and for said State, personally appeared RALPH I. GUNTHER and SHIRLEY J. GUNTHER, EXHIBIT known to me to be the persons whose names are sub -page L-tj scribed to the within instrument and acknowledged that they executed the same. ASSIGNMENT OF LEASE AND ASSUMPTION AGREEMENT UPTE, INC., a California corporation, hereby assigns to Ralph I. Gunther and Shirley J. Gunther, his wife, all the rig) title and interest in and to that certain lease dated February 26, 1969, by and between the City of Morro Bay, a municipal corporation and John W. Norsk and Erma L. Norsk concerning that certain tide and submerged lands lease site known as Lease Site No. 22; said lease being more particularly delineated on Parcel Map of the City of Morro Bay No. 68-30, which map was recorded on October 10, 1968 in Book 3 at page 10 of Parcel Maps in the office of the County Recorder, County of San Luis Obispo, Calif nia. The term of said lease was fifty years commencing Octobe2 1968, and expiring without notice on September 30, 2018. This lease was assigned to Upte, Inc. by John W. Norek ant Erma L. Norsk on July 30, 1969. Reference is made to said lase, a copy of which is attache to the original of this Assignment of Lease and Assumption Agre ment for further particulars. This assignment is conditional upon each of the following: 1. Approval of the City of Morro Bay of this lease assignment. Such approval is to be evidenced by certified copy of the resolution of the city of Morro Bay granting this consent; and 2. The execution of the Assumption Agreement attached hereto. EXHIBIT Dated this /$7 day of %%,j9j' 1972, page Gaylcrr r . Uptegr ve, esic Ralph I. Gunther, Secretary RESOLUTION NO. 86-75 RESOLUTION APPROVING AMENDMENTS TO .THE LEASE FOR LEASE SITE NO. 22 THE CITY C0UNC'I L City of Morro Bay, California WHEREAS, a request has been made by Ralph I. Gunther and Shirley J. Gunther, lease holders of Lease Site No. 22, to modify and remodel existing structures on Lease Sites No. 22 and 21; and WHEREAS, the existing structure on Lease Site No. 22 is within two feet of the common boundary of Lease Sites No. 21 and 22; and WHEREAS, provisions of the Building and Fire Code require a specified separation for firewall purposes between buildings; and -WHEREAS,' Ralph I. and Shirley J. Gunther have agreed to maintain a.twenty (20) footiseparation between existing buildings on Lease Sites No! 21 and 22, i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that ease Sites No. 21 and 22 are considered to be two-separa a and distinct parcels and, there- fore, 'the firewall requirem nts as specified by the Uniform Building Code for the exist ng buildings on Lease Site No. 22 will come into full force aid effect if and in the event that a building is proposed for onstruction on Lease Site No. 21 closer than twenty (20) fee to the existing buildings located on Lease Site No. 2R. On motion by Councilfian Jennings and seconded by Councilman Pipitone , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and. Mayor Donohoo NOES: None ABSENT: None ADOPTED: December 8, 1975 FRED R. DONOHOO, Mayor ATTEST: MURRAY L WARDEN, City Clerk EXHIBIT -- . — ...... I page q2 of s7 d AMEND T TO LEASE It is hereby agreed by an between the 'City of Morro Bay, a municipal corporation, Lessor, and Ralph 'I, Gunther and Shirley J. Gunther, Lessee, that those ce tain leases entered into on the 18th day of May, 1972, between the ity as Lessor and Ralph I. Gunther and Shirley J. Gunther, as Ass'gnees for Lease Sites No. 21 and 22 are hereby amended in the follgwing particulars only: 1. That no new building'or addition to existing building will be made on and between Lease Sites No. 21 or 22 in such a way as to result in the distance between • the building being less than twenty (20) feet. If at any time the distance between buildings on and between ' Lease Sites No. 21 and 22 is less than twenty (20) , feet, it is agreed and understood that Ralph I. Gunther and Shirley J. Gunther and their heirs, successors and assigns, will be required to install the necessary walls and make other changes so that the buildings meet all • of the requirements of the Uniform Building Code then in effect for buildings less than twenty (20) feet apart, including compliance with the minimum fire rating for each and all required walls of buildings located as specified by the Uniflorm Building Code. 2. It is further agreedand understood that neither per- manent nor temporary buildings will be placed within 'two (2) feet of the uth line of Lease Site No. 22 and neither permanment nc r temporary buildings will be placed within eighteen (18) feet of the north line of Lease Site No. 21. • 3. Failure to comply wi this agreement shall constitute grounds for termination of the lease on Lease Sites No. 21 and 22. • EXHIBIT % %4 page 10 of i:: ,t • AMENDMENT TO LEASE Lease Sites No, 21 and 22 Page Two 4. Ralph I. Gunther and Shirley J. Gunther and their heirs, successors and assigns agree to pay all of City's costs resulting from failure to comply with the terms of this amendment. This amendment to lease of real property is authorized by Resolutions -No. 85-75"and_86n75 of the City of Morro Bay City Council dated December 8, 1975. DATED: CITY OF MORRO BAY vU 77, lr74 FRED R. DONOHOO, Mayor I _ATTEST: M L. WARDEN, City Clerk TENANTS H I. GUNTHER EXHIBIT % page of 5'I RESOLUTION NO.80-97 • A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE QUINTANA ROAD BIKEWAY PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and • WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project. NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council: 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. Appoints Public Works Director, William T. Boucher, as agent of the City of Morro Bay to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment request and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of November 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None LATHY NOVA , Mayor ATTEST: BRIDGET713,%AUER, City Clerk • RESOURCES AGENCY State of California 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 916-653-5656 ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM PROCEDURES AND CRITERIA 1998-99 Grant Cycle 1. GENERAL INFORMATION 1-1. Purpose and Authority These procedures and criteria guide the evaluation and selection of projects under the Environmental Enhancement and Mitigation (EEM) Program. This program provides grants to State, local and federal agencies and non-profit organizations to mitigate the environmental impact of modified or new public transportation facilities. The EEM Program was established by the enactment of the • Transportation Blueprint Legislation of 1989 (AB 471, Katz). This legislation states that it is the intent of the Legislature to allocate $10 million annually to this program for grant purposes for a 10-year period from Fiscal Year 1991-92 to Fiscal Year 2000-01. The legislation provides the following delegation of responsibilities for the EEM Program. The Resources Agency prescribes procedures and criteria to evaluate grant proposals. Based on its evaluation, the Agency prepares and submits a list of proposals recommended for funding to the California Transportation Commission (CTC). The CTC annually awards grants to fund proposals from the Agency's list. 1-2. Eligible Applicants Any State, local or federal agency or 501(c)(3) non-profit entity may apply for and receive grants. The agency or entity is not required to be a transportation or highway related organization, but must be able to demonstrate adequate charter or enabling authority to carry out the type of project proposed. Two or more entities may participate in a project. 1-3. Implementation Timeline F EEM Program Procedures and Criteria October1997 • .Page 2 delivered to the Resources Agency by 5 p.m. that day. Applicants must submit the original and three copies of the complete application (total of four) The Resources Agency will send a list of recommended projects and funding amounts to the California Transportation Commission (CTC) by April 15, 1998. All project applicants will be notified of the status of their application at that time. In July 1998, it is anticipated that the CTC will give preliminary approval to projects to be funded, with funding allocations to be considered at a subsequent Commission meeting upon contract approval. The Department of Transportation (Caltrans) administers contracts for approved grant projects. proiects to be considered at the July 1998 meeting Projects without Agency in a subsequent grant cycle • Projects should expend grant funds as soon as possible after the grant award (second vote) by the CTC, preferably within the first year, but no later than two years after the fiscal year in which the contract between the State and applicant is signed. 1-4. Project Magnitude Grants for individual project are generally limited to $250,000. However, the Resources Agency may recommend and encourage awards exceeding the $250,000 guideline primarily for acquisition projects, based on the consideration of unique or unusual factors, including, but not limited to, maximum benefits in a one-time or limited opportunity, acquisition of resource lands of a considerable size, substantial leveraging, and/or projects with high statewide significance. 1-5. North/South Split In accordance with the provision of Section 187 and 188 of the Streets and Highways Code, an attempt will be made to allocate 40 percent of the total amount recommended to projects in northern counties and 60 percent of the total amount to projects in southern counties. The southern counties are: San Luis Obispo, Kem, Mono, Tulare, Inyo, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, San Diego, and Imperial. For purposes of this north/south split, all other counties are considered northern counties. • I a 0 t / vr° 5l,o+d N1 SMUN1�1 Utn. Creek' ®w cofa 1 Pak -_ l.IMdl Pak• 1• I 800 PUR WoRto 0A v CLASS I BIKE PATH ------CLASS II BIKE LANES DESTINATION ❑ SCHOOL peD.3ECT- SITS CMIMs / BIKEWAY PLAN Q • I Iro CAYU:OS Praotse route must avoid anvtronment{�i sonsitiva habitat S M6 KS [MAtid SY• (BIKE PATH; MORRO BAY INOM-H 0711 BIKEWAY PLAN Proposed Bike Routes e Co...P(c}c4�Unclei C. ,Sf. O pro9�e...encd C TO -+► AR5. FIGURE 11 :i To SCo TO 1LOS OS05 CiRCULATIOKI ELEMEQT w • RESOLUTION NO. 79-97 RESOLUTION RESTORING TWO-WAY TRAFFIC CIRCULATION AND PARALLEL ON - STREET PARKING ON MONTEREY AVENUE BETWEEN PACIFIC AND HARBOR STREETS THE CITY COUNCIL City of Morro Bay, California WHEREAS, via Resolution No. 36-93, adopted on May 24, 1993, the City Council designated the portion of Monterey Avenue between Pacific and Harbor Streets for one-way traffic, on -street angle and disabled parking as a pilot program based upon findings of conformance to the Circulation Element and the Parking Management Plan; and WHEREAS, in the intervening period of more than four years, it has been evidenced that the on -street parking spaces in this street segment have been under-utilized and that the one-way traffic circulation has caused confusion to the traveling public; and WHEREAS, increased public awareness and enforcement of existing parking time limitations has been effective in eliminating the need for additional on -street parking along this street segment; and WHEREAS, these factors lead to the conclusion that one-way traffic circulation along this street segment does not serve the interests of the public and it is appropriate to restore the street segment to it's pre-existing condition with two-way traffic circulation and parallel parking while retaining on -street disabled parking; and WHEREAS, said restoration is consistent with the intent of the Circulation Element and the Parking Management Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, that those portion of Resolution No. 36-93 designating Monterey Avenue between Pacific and Harbor Streets for one-way traffic circulation and on -street angle parking are hereby revoked; and BE IT FURTHER RESOLVED, the Department of Public Works is hereby authorized and directed to perform the restoration of two-way traffic circulation and parallel on -street parking spaces, while retaining the current number of on -street disabled parking spaces to reflect this action pursuant to Municipal Code Section 10.12.110. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of November, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None /1 ATTEST: CATHY NOVIAK, Mayor • BRIDGETT AUER, City Clerk • RESOLUTION NO.78-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING FINDINGS WAIVING FEES AND GRANTING AN AWARD OF WATER EQUIVALENCY UNITS TO PEOPLES' SELF-HELP HOUSING CORPORATION FOR THE CONSTRUCTION OF 12 APARTMENT UNITS AFFORDABLE TO LOW INCOME FAMILIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with Coastal Permit 4-81-309A3, Guidelines for Retrofit Programs ("Guidelines"), one-half of the water equivalency units (WEUs) saved which are not used directly by a project shall be held by the City in reserve, as a "bank" of water equivalency credits; and WHEREAS, pursuant to said Guidelines, the City Council may choose at any time to use this bank for allocation to new uses in accordance with the priority and procedures in the City's • approved water allocation model; and WHEREAS, there are currently 63.11 WEUs available in the retrofit program bank that may be awarded by the City Council and pursuant to said Guidelines; and WHEREAS, Peoples' Self -Help Housing Corporation (PSHHC) has requested 6.48 water equivalencies units to be awarded from the retrofit bank to meet the requirements of Morro Bay Municipal Code for a 12 unit apartment project (0.54 WEUs/unit), affordable to low income families; and WHEREAS, on March 25, 1996 the City Council authorized the City Manager to submit a Community Development Block Grant application in cooperation with PSHHC to develop a 12 unit apartment project, affordable to low income families, including local leveraging sources such as fees waivers; and WHEREAS, said grant was awarded and the grant agreement was entered into on August 1, 1996 and fully executed on November 19, 1996; and WHEREAS, the City Council determined use of the retrofit bank and the waiver of associated water and sewer impact fees to assist this affordable housing project is consistent with the provisions of the City's approved water allocation model and the objectives, policies and • programs of the Housing Element of the City's General Plan. City Council Resolution No. 78-97 Findings --Award of WEUs to PSHHC November 10, 1997 • Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that having reviewed the request, hereby grants to PSHHC an award of 6.48 WEUs for construction of 12 apartment units, affordable to low income families, from the City's retrofit water bank based on the following: A. The award of WEUs and waiver of fees for the purpose of assisting the construction of a rental housing project, affordable to low income families, is consistent with the priorities for allocation of water identified in the water allocation model contained in approved Coastal Permit 4-81-309A3, including the Guidelines for Retrofit Program; and B. The award of WEUs and waiver of fees for the purpose of assisting the construction of a rental housing project, affordable to low income families, is consistent with the General Plan and Local Coastal Program. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that the water and sewer impact fees waived are considered to be a portion of the City's local leveraging source in accordance with the grant agreement entered into on August 1, 1996 and fully executed on November 19, 1996. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on November 10, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSTAIN: None U.&I9016 Jv� CATHY NOV K, Mayor City of Morro Bay ATTEST: BRIDGETT AUER, City Clerk • City of Morro Bay • RESOLUTION NO. 77-97 RESOLUTION APPROVING FIRE DEPARTMENT AUTOMATIC AID AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND THE SOUTH BAY FIRE DEPARTMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, CITY maintains and operates a fire protection organization within the area known as the City of Morro Bay; and WHEREAS, CDF/COUNTY maintains and operates a cooperative fire protection organization, pursuant to a contract with the County of San Luis Obispo, entered into under the authority of Government Code Section 55606, for the purpose of providing life and property protection in County responsibility areas adjacent or proximate to the area protected by CITY; and WHEREAS, SOUTH BAY maintains and operates a fire protection organization within the area known as the Baywood/Los Osos area; and WHEREAS, Health and Safety Code Section 13050 authorizes the use of the apparatus, equipment, and fire fighting forces of any public entity outside the jurisdictional limits of that • public entity for the purpose of providing fire protection or firefighting service; and WHEREAS, Government Code Section 55632 authorizes the legislative body of any local agency to contract with any other local agency for the furnishing of fire protection to such local agency; and WHEREAS, it is the desire of the agencies hereto to render automatic fire protection aid when such aid is necessary; and WHEREAS, the chief officers of the agencies, after careful review of past fire incidents, have identified a need for a more immediate response of necessary resources to control and mitigate an incident in its earty stages; and WHEREAS, the solution to the need for resources can be mitigated through a pre-set, identified automatic response of fire department resources to reduce response time, provide adequate staff levels and provide a high level of service to the citizens; and WHEREAS, the participating agencies have, through the use of mutual aid, demonstrated a successful history of working together on previous fire incidents; NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the Mayor is authorized and directed to sign Automatic Fire Protection Aid Agreements with the State of California, Department of Forestry and Fire Protection, San Luis Unit (CDF)/County of San Luis Obispo Fire Department and the County of San Luis Obispo, Service Area No. 9, Zone B (South Bay Fire District). E City Council Resolution No. 77-97 Page Two • PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting held on the 10th day of November, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None A,TTEST: auRa/ BRIDGET BAUER, City Clerk • • CATHY NOVA,K, Mayor AGREEMENT FOR AUTOMATIC FIRE PROTECTION AID THIS AGREEMENT, is made and entered into this 1 st day of January, 1998, by and between the CITY OF MORRO BAY, hereinafter called CITY, and the STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY and FIRE PROTECTION, San Luis Unit, through its duly qualified Unit Chief, hereinafter called CDF, and the COUNTY OF SAN LUIS OBISPO, hereinafter called COUNTY. WITNESSETH WHEREAS, CITY maintains and operates a fire protection organization within the area known as the City of Morro Bay; and WHEREAS, CDF/COUNTY maintains and operates a cooperative fire protection organization, pursuant to a contract with the County of San Luis Obispo, entered into under the authority of Government Code Section 55606, for the purpose of providing life and property protection in County responsibility areas adjacent or proximate to the area protected by CITY; and WHEREAS, Health and Safety Code Section 13050 authorizes the use of the apparatus, equipment, and fire fighting forces of any public entity outside the jurisdictional limits of that public entity for the purpose of providing fire protection or firefighting service; and • WHEREAS, Government Code Section 55632 authorizes the legislative body of any local agency to contract with any other local agency for the furnishing of fire protection to such local agency; and WHEREAS, Government Code Section 55603 authorizes the Board of Supervisors to contract with any local agency within the County of San Luis Obispo for the performance by the County Fire Warden/Fire Chief of functions for the preservation and suppression of fires; and WHEREAS, it is the desire of the agencies hereto to render automatic fire protection aid when such aid is necessary; and WHEREAS, the chief officers of the agencies, after careful review of past fire incidents, have identified a need for a more immediate response of necessary resources to control and mitigate an incident in its early stages; and WHEREAS, the solution to the need for resources can be mitigated through a pre-set, identified automatic response of fire department resources to reduce response time, provide adequate staff levels and provide a high level of service to the citizens; and WHEREAS, the participating agencies have, through the use of mutual aid, demonstrated a successful history of working together on previous fire incidents; NOW, THEREFORE, the parties mutually agree as follows: 40 1. The parties agree to respond to emergencies outside their respective jurisdictional limits and into the jurisdictional boundaries of the other party in accordance with the following terms and conditions. 2. To furnish fire protection personnel, equipment, materials, and supplies and to render such fire protection services to each other as may be necessary to suppress fires or provide emergency assistance to life threatening incidents. 3. Automatic aid shall be provided within the limits of San Luis Obispo County as identified by the agency representatives. 4. No participating agency shall be required to deplete its own fire protection resources, personnel, services, and or facilities to the detriment of its normal fire protection responsibilities. Such personnel will be provided at the option of the lending party and may be denied without recourse to the requesting party. The extent of the aid and personnel to be furnished under this agreement shall be determined solely by the party furnishing the aid and personnel, and it is understood that the aid and personnel furnished may be recalled at the sole discretion of the lending party. 5. The parties shall make every effort to return personnel and equipment to their respective jurisdiction as soon as possible. 6. No response to an automatic fire protection aid request provided for in this is agreement will be made by the parties hereto unless such request is received through established communications channels common to each party. 7. Nothing in this Agreement is intended by the parties to diminish, waive, or otherwise affect the privileges and immunities conferred upon the parties by the operation of law. 8. Personnel furnished by a lending party pursuant to the agreement shall be considered to be acting for their employer in pursuit of lawful duties, and any workers' compensation claims will be bom by the lending party. Nothing contained in this agreement shall be construed to make any party hereto or any of its employees, the employee of the other party. g. Except as may be provided by separate agreement between the parties hereto, the assurance of automatic fire protection aid set forth herein shall constitute the sole consideration for the performance hereof and neither party shall be obligated to reimburse the other on account of any action taken or aid rendered hereunder or for any use of material, damage to equipment, or liability incurred which may occur in the course of rendering the requested assistance herein provided. 10. Each party shall be fully responsible for all repairs, maintenance and upkeep, including gas, oil, lubrication, parts replacement, and repair of casualty damage of its own • • equipment used pursuant to this agreement while its equipment is used outside of its political boundaries. 11. During prolonged emergencies the requesting party shall provide for the well being of the responding party's personnel. 12. That any automatic aid provided under this agreement is made with the express understanding that the Incident Commander (in whose jurisdiction and incident requiring aid has occurred) shall remain in charge at such incident; including the direction of the personnel and equipment provided through the operation of this automatic fire protection aid agreement. 13. Nothing in this Agreement shall limit either party from participating in separate agreements with other jurisdictions. 14. Government Code Section 50925 at. seq. (extra -territorial activities of firemen) are incorporated into this agreement and shall apply to all cases of mutual aid. 15. The party requesting mutual aid shall defend, indemnify, and hold harmless the lending party from and against any and all liability, loss, expenses, attorneys' fees or claims of injuries or damages arising out of the performance of this agreement, except those liabilities, losses, expenses, attorneys' fees or claims for injuries or damages arising out of the acts which are outside the course and scope of the employment and the lending party's employee. is16. This Agreement shall commence on the date herein above written, and shall remain in full force, unless terminated by any of the agencies involved, in writing, with thirty (30) days notice of such terminations. 17. This Agreement constitutes the entire understanding of the parties hereto and no changes, amendments, or alterations shall be effective unless in writing and signed by the established representatives of both parties. 18. This Agreement does not preclude either party from seeking civil collection costs as reimbursement for actual costs incurred from the party(s) responsible for causing the incident response. 19. Representatives of the parties' Fire Departments are authorized to execute supplementary agreements regarding operational procedures and planning as necessary to implement this agreement. Each party shall furnish the other, in writing, the name and title of the representative. u IN WITNESS WHEREOF, this AGREEMENT has been executed by the parties hereto, on the date first above written. Cc-.ti, N "'.c`_ Cathy Novak, M&yor City of Morro Bay ATTEST: Bridgett Ba r, City Clerk City of MorrVBay i b _Cib�7.Tey City of Morro Bay ATTEST: County Clerk and Ex-Officio Clerk of the Board of Supervisors of the County of San Luis Obispo County Counsel County of San Luis Obispo Board of Supervisors James McFadden, Unit Chief State of California, Department of Forestry San Luis Unit 4 • I 1 LJ RESOLUTION NO.76-97 • A RESOLUTION AUTHORIZING SUBMISSION OF SURFACE TRANSPORTATION PROGRAM FUNDING APPLICATIONS FOR THE QUINTANA ROAD BIKEWAY PROJECT, HIGH SCHOOL BIKEWAY PROJECT AND ROUNDABOUT STUDY PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) has the responsibility and authority for programming federal Surface Transportation Program (STP) funds under Section 134 of the Intermodal Surface Transportation Efficiency Act of 1991; and WHEREAS, SLOCOG has further responsibilities and authority for exchanging federal STP funds for State Highway Account/Surface Transportation Program funds and administering the programming and expenditure of these funds for projects consistent with Article XIX of the State Constitution; and WHEREAS, $3,057,712 is available for the fiscal year 1998/1999 through 2002/2003 STP programming cycle and procedures and criteria established by SLOCOG require a resolution certifying the approval of application by the applicant's governing body; and WHEREAS, the applicant, if selected, will enter into a cooperative agreement with SLOCOG to carry out the STP project; and •WHEREAS, the City of Morro Bay has three eligible projects for which it would like to submit funding applications: the Quintana Road Bikeway Project, High School Bikeway Project and the Roundabout Study Project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay: 1. Approval for the filing of funding applications for the Surface Transportation Program for the Quintana Road Bikeway Project, High School Bikeway Project and the Roundabout Study Project. 2. Appointment of the Public Works Director as agent of the City of Morro Bay to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10th day of November, 1997 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Anderson, Elliott, Peirce, Peters, Novak None None None CATHY NOVAK, Mayor ATTEST: 1 r r City of Morro Bay PUBLIC WORKS DEPARTMENT • 695 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 • 805-772.6261 • San Luis Obispo Council of Governments Surface Transportation Program Funding Application Program Years 98/99 - 02/03 A. Jurisdiction: JJC,�ilty of Morro Bay, Public Works Department B. Contact Person: (AI& WilluMT. Boucher, Public Works Director C. Project Name: Quintana Road Bikeway Project D. Project Description The project will consist of the construction of Class II bike lanes approximately 10,710 feet long on Quintana Road from South Bay Boulevard to Main Street and the construction of Class II bikelanes approximately 3,550 feet long on Main Street from Quintana Road to Atascadero Road to encourage alternative modes of transportation and to provide a safer alternative to Highway 1. E. Ty of Funding Requested ��✓ Regional SHA/STP O Urban (local) SHA/STP F. Project Funding Summary 1. Amount Requested 2$ 60-000 2. Total Project Cost 25$7.165 Proiect Schedule and Funding Suunmary (rn-6r, in thoursanuls) Project Category Previously Programm Source Amount Year Commitment Source Amount Year I Request Source Amount Year Flanningtbco&g n/a I n/a n/a 1 60 n/a I RSHAkna 98/99 Environmental Anal is n/a 0 n/a n/a 0 n/a RSHA98/99 Prehr= Engineering n/a n/a $0 n/a RSHA98/99 Construction Engineering n/a n/a $0 n/a RSHA98/99 onstruction n/a En/a n/a $0 n/a RSHA98/99 R' lrt of Wa via n/a n/a n/athe, n/a n/a $0 n/a n/a n/a Sub Total $0 Total Project Cost $0 $260 $260 The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide • G. Milestones Milestone` Requested Starf Date Estimated 1, Planning Commission Approval 98N9 July 1998 August 1998 2. Prelim. Engineering Drawings 98199 August 1998 October 1998 98N9 November 1998 January 1998 4. Begin Construction 98J99 March 1999 May 1999 H. Project Scoping Documentation List and allach relevant oroiect scoping documentation (Note: A project scoping document is required for all significant projects; a project study report meeting Caltrans requirements is required for all major Highway Projects, per State Law). See attached City of Morro Bay Bikeway Study (Attachment A). L Project Map - See Attachment B. J. Priority • The City will be submitting an Environmental Enhancement and Mitigation Grant application in November 1997 should the program be funded this year. K Threshold Requirements 1. For STP funds, describe consistency with section 133 of ISTEA. Not applicable as this application is not for STP funds. 2. For SHA funds, describe consistency with Article M of the State Constitution. The project is consistent with Article = of the State Constitution as it is for the construction of bikelanes on a public street, which are considered a related public facility for non -motorized traffic. 3. Describe this project's consistency with Local adopted plans. The project is consistent with the Circulation Element of the City's General Plan. The project is also consistent with the City's adopted Bikeway Plan and is ranked as the number one regionally significant project. 4. Describe the project's consistency with the Regional Transportation Plan (RTP). The project is consistent with the RTP goal to "provide a safe and efficient regional bikeway system" and with the following RTP objectives and policies: • a. Create a regional bikeway system to provide for efficient and safe transportation for bicycle commuters. SHA/STP Application - Quintana Road Bikeway Project • b. Promote development of a coordinated and connected regional bikeway system with emphasis on linking gaps of the regional system where bikeways do not exist. c. Provide safe travel for both the commuter and the recreational rider. The project is also consistent with the state's "Pacific Coast Bicentennial Bike Route" policy as an off -highway alternative that is parallel to Pacific Coast Highway 1 is created. 5. List expected date of local government board approval. The City Council is expected to approve the project and its application for SHA/STP funding at its November 10, 1997 meeting. 6. Describe total time frame for project completion. The project is scheduled for the 1998/1999 fiscal year, with construction to begin during March, 1999 and be completed by May, 1999. 7. Identify the project's functional classification (if applicable) and if the project is on the designated Federal Aid System. The project is on the designated Federal Aid System and its functional classification is that of a commuter and recreational bikeway. I.. Priority Criteria - For Regional Projects Only address the following priority criteria: • 1. Describe how the project addresses a safety/security problem (15 pts.). The proposed project would mitigate dangerous conditions for bicyclists traveling into and out of Morro Bay as bikers would no longer have to either traverse Highway 1 with high speed vehicular traffic or ride along a narrow Quintana Road and Main Street competing for space with vehicular traffic. 2. Describe the demonstrated need for the project (15 pts.). With the recently completed bike lanes on South Bay Boulevard, riders heading north towards Morro Bay have the option of riding on Highway 1 with high speed vehicular traffic or riding along a narrow Quintana Road and Main Street while competing for space with vehicular traffic. Similarly, bicyclists riding from the north towards Morro Bay experience the same conditions with neither option providing for encouragement of an alternative transportation mode nor a safe route into or out of the City. In addition, the project is regionally significant as the proposed bike lanes would connect with the existing South Bay Boulevard bike lanes to Los Osos, providing an alternative to traversing Highway 1 through Morro Bay, and would be continued with the planned North Main Street bikeway that would eventually connect to a regional bikeway linking • the communities of Morro Bay and Cayucos. SHA/STP Application - Quintana Road Bikeway • 3. Describe how the project addresses a multi -modal need (15 pts.). The proposed project provides for an off -highway alternative for bicyclists that both encourages an alternate mode of transportation and provides a safer alternative to riding on Highway 1 with high speed vehicular traffic. 4. Describe how the project mitigates a congestion/air quality problem (15 pts.). Bike lanes along Quintana Road and Main Street from Quintana Road to Route 41 would encourage the use of an alternate transportation mode into and out of the City by providing a safer alternative to traversing Highway 1, Quintana Road and/or Main Street that would reduce traffic congestion and air pollution. 5. Describe the cost effectiveness of the project (15 pts.). The proposed project would cost $18 per foot of bike lane constructed and would aid in the efforts of reducing automobile trips and vehicle miles travel by creating a bikeway system that would encourage an alternative transportation mode. 6. Describe how the project will provide an equitable distribution of funding (15 pts.). The proposed project is of regional significance and beneficial to the region as it serves not only the needs of Morro Bay, but the needs of the surrounding unincorporated areas of Los Osos and Cayucos. The proposed project would further to close the gaps in the regional bikeway system, thereby linking the three communities. The proposed project • would connect with the South Bay Boulevard bike lanes from Los Osos and would connect with the eventual regional route from Morro Bay to Cayucos. Is 7. Describe what local funding contribution is being provided (describe and differentiate between in -kind services, staff time commitments, and local funding contributions). Unfortunately, due to budgetary constraints, the City cannot contribute local funding for the proposed project; however, contributions in the area of staff time commitments can be provided by the Public Works Department. Staff time commitments would include Public Works Director and Administrative Assistant time for overseeing and coordinating this project with the City's contracted engineer, the contracted construction firm and SLOCOG. SHAM? Application - Quintana Road Bikeway AmAoAl,.e4,i A, • TABLE OF CONTENTS Page I. Introduction ........................................... 1 IL Study Methods ........................................ 3 III. Existing Bikeways ..................................... 3 IV. Future Bikeways ...................................... 6 V. Project Evaluation .................................... 16 Appendix A: Preliminary Estimate as to Probable Cost Appendix B: Engineering Analysis of High School Bike Path TABLES • Table III-1 Existing Bikeways ................:............... S Table IV-1 Future Bikeways ................................ 12 Table V-1 Project Evaluation ............................... 17 FIGURES Figure 1 Bikeway Plan ............. .................... 2 Figure 2 Existing Bikeways and Destinations 4 Figure 3 Minimum Road Widths for Class II Bikeways ........... 7 Figure 4 Future Bikeway Projects ........................... 8 • City of Morro Bay Bikeway Planning Study --•� AnAG-�M�sr � VIc�Nir�( MAP ;oef m sdaa CLASS I BIKE PATH -------- CLASS U BIKE LANES DESTINATION [] SCHOOL ` Ua SfroW State !lead b _ k Lutla.i�. �. ..J B.eCr I 7 Cym,a„ :� Naa° Red fi: '�• cater J TNNaWi I. { Sao ' •��--�-...�J��° €; ` Dl•J !7 � � state 6� k �� � o eaa :ear moo' PUBLIC WORKS DEPARTMENT • 695 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 805.772-6261 A. B. C. • D. • E. F. San Luis Obispo Council of Governments Surface Transportation Program Funding Application Program Years 98/99 - 02/03 Jurisdiction: City of Morro Bay, Public Works Department Contact Person: 0 A&Q� Willi .Boucher, Public Works Director Project Name: High School Bikeway Project Project Description The project consists of the construction of a Class I bike path, approximately 2,070 feet, that would follow the east side of the main entrance drive to Morro Bay High School from Atascadero Road, the south and east sides of the main parking lot, continue north along the edge of the soccer field, cross the drainage ditch and join the Class I path now being built as part of the Cloisters development. Type of Funding Requested Regional SHA/STP Project Funding Summary 1. Amount Requested 8 000 2. Total Project Cost$81-000 O Urban (local) SHA/STP Proiect Schedule and Funding Summary (numbers in thousands) Project Cate Previously P med Source Amount Year Commitment Source Amount Year Request Source Amount Year min n/a $0 n/a n/a n/a RSHA 99/00 Environmental Analysis n/a 0 n/a n/a n/a RSHA 99100 Prelinnnary En ineerin n/a 0 n/a n/a 0 n/a RSHA 12 99/00 Construction Engineering n/a $0 n/a n/a $0 n/a RSHA $12 99/00 onatruction n/a $0 n/a n/a n/a RSHA 99/00 R lrt of Way n/a $0 n/a n/a n/a n/a n/a ❑/a tlrer n/a $0 n/a n/a $0 n/a n/a n/a n/a .Sub total .Su Total Project Cost :�u 581 $81 The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide A Ipvpl of nvmivinal sprvire and safety cnnsistent with and resnonsive to the needs of the public. G. Milestones -57 f f s f f Requested C Startl)ate'' Z t C� C �'•) r `,Estimated jllilestone ri ` " Fiscal Year Completion`Date . 1. Planning Commission Approval 98/99 July 1999 August 1999 2. Secure Easement through MBHS 98/99 July 1999 July 1999 3. Prelim. Engineering Drawings 98/99 September 1999 November 1999 4. RFP Process 98199 November 1999 January 2000 5. Begin Construction 98/99 March 2000 May 2000 H. Project Scoping Documentation List and attach relevantproi wing documentation (Note: A project scoping document is required for all significant projects; a project study report meeting Caltrans requirements is required for all major Highway Projects, per State Law). See attached City of Morro Bay Bikeway Study (Attachment A). L Project Map - See Attachment B. is J. Priority - No other grant applications have been submitted for this project. • K Threshold Requirements 1. For STP funds, describe consistency with section 133 of ISTEA. Not applicable as this application is not for STP funds. 2. For SHA funds, describe consistency with Article XIX of the State Constitution. The project is consistent with Article = of the State Constitution as it is for the construction of bike lanes, which are considered a related public facility for non - motorized traffic. 3. Describe this project's consistency with Local adopted plans. The project is consistent with the Circulation Element of the City's General Plan. The project is also consistent with the City's adopted Bikeway Plan and is ranked as the number two regionally significant project. 4. Describe the project's consistency with the Regional Transportation Plan. The project is consistent with the RTP goal to "provide a safe and efficient regional bikeway system" and with the following RTP objectives and policies: SHA/STP Application - Morro Bay ingh School Bikeway Project • a. Create a regional bikeway system to provide for efficient and safe transportation for bicycle commuters. b. Promote development of a coordinated and connected regional bikeway system with emphasis on linking gaps of the regional system where bikeways do not exist. c. Provide safe travel for both the commuter and the recreational rider. The project is also consistent with the state's "Pacific Coast Bicentennial Bike Route" policy as an off -highway alternative that is parallel to Pack Coast Highway 1 is created. 5. List expected date of local government board approval. The City Council is expected to approve the project and its application for SHA/STP funding at its November 10, 1997 meeting. 6. Describe total time frame for project completion. The project is scheduled for the 1999/2000 fiscal year, with construction to begin during March, 2000, and to be completed by May, 2000. 7. Identify the project's functional classification (if applicable) and if the project is on the designated Federal Aid System. The project is on the designated Federal Aid System and its functional classification is that of a commuter and recreational bikeway. • L. Priority, Criteria - For Regional Proiects Only address the following priority criteria: 1. Describe how the project addresses a safety/security problem (15 pts.). The proposed project would mitigate dangerous conditions for bicyclists traveling along Highway 1 as riders would no longer have to traverse the highway with high speed vehicular traffic. The project would completely separate cyclists from moving vehicles by providing a bike path adjacent to the high school that is parallel with Highway 1. 2. Describe the demonstrated need for the project (15 pts.). Bicyclists riding from the north through Morro Bay have the option of riding on Highway 1 with high speed vehicular traffic or tiding along a narrow Main Street while competing for space with vehicular traffic. Similarly, bicyclists riding north through Morro Bay experience the same conditions with neither option providing for encouragement of an alternative transportation mode nor a safe route through the City. The project has region significance as the proposed bike path would provide a link to the planned Quintana Road bikeway that continues the South Bay Boulevard bike lanes from Los Osos, thereby connecting the two communities. The project would also connect with • the bike path currently under construction at the Cloisters development and would provide for an alternative to traversing Highway 1 through Morro Bay. SHA/STP Application - Quintana Road Bikeway • The proposed project is one portion of the overall bikeway system through Morro Bay that would eventually connect with the regional bikeway system effectively linking the communities of Morro Bay, Los Osos and Cayucos. 3. Describe how the project addresses a multi -modal need (15 pts.). The proposed project provides an off -highway alternative for bicyclists that both encourages an alternate mode of transportation and provides a safer alternative to riding on Highway 1 with high speed vehicular traffic. 4. Describe how the project mitigates a congestion/air quality problem (15 pts.). The proposed project would encourage the use of an alternate transportation mode through the City by providing a safer alternative to traversing Highway 1 that would lead to a reduction in the number of vehicle trips taken and vehicle miles traveled, thereby reducing traffic congestion and air pollution. 5. Describe the cost effectiveness of the project (15 pts.). The proposed project would cost $39 per foot of bike path constructed and would aid in the efforts to reduce automobile trips and vehicle miles travel by creating a bikeway system that would encourage an alternative transportation mode. 6. Describe how the project will provide an equitable distribution of funding (15 pts.). • The proposed project is of significance and benefit to the region as it serves not only the needs of Morro Bay, by providing a safer route along Highway 1, but the needs of the surrounding unincorporated areas of Los Osos and Cayucos, by furthering the efforts to close the gaps in the regional bikeway system that would link all three communities. 7. Describe what local funding contribution is being provided. Unfortunately, due to budgetary constraints, the City cannot contribute local funding for the proposed project; however, contributions in the area of staff time commitments can be provided by the Public Works Department. Staff time commitments would include Public Works Director and Administrative Assistant time for overseeing and coordinating this project with the City's contracted engineer, the contracted construction firm and SLOCOG. SHA/STP Application - Quintana Road Bikeway AwavxEt, i A • TABLE OF CONTENTS Page I. Introduction ......................................... 1 IL Study Methods ....................................... 3 III. Existing Bikeways ..................................... 3 IV. Future Bikeways ...................................... 6 V. Project Evaluation .................................... 16 Appendix A: Preliminary Estimate as to Probable Cost Appendix B: Engineering Analysis of High School Bike Path TABLES • Table III-1 Existing Bikeways ................................ S Table IV-1 Future Bikeways ................................ 12 Table V-1 Project Evaluation ............................... 17 FIGURES Figure 1 Bikeway Plan ................................... 2 Figure 2 Existing Bikeways and Destinations .................. 4 Figure 3 Minimum Road Widths for Class II Bikeways ........... 7 Figure 4 Future Bikeway Projects ........................... g • City of Morro Bay Bikeway Planning Study iA A�FC,L 1 t�t�a.1T I \J icw kTy M INCF 1 ... a O sw,a V. I ��P� =a�S�oof CLASS 1 BIKE PATH -------- CLASS n BIKE LANES DESTINATION PRDCfRLr SCHOOL uum Ilo� deek.� C ll, 10 C�OG'1G•70 ��/�, � � � �oraeaa+n i PRELIMINARY DESIGN MORRO BAY HIGH SCHOOL CLASS I BIKE PATH 51Tr-_MAR City of Morro Bay PUBLIC WORKS DEPARTMENT • 695 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 • 805.772-6261 • is San Luis Obispo Council of Governments Surface Transportation Program Funding Application Program Years 98/99 - 02/03 A. Jurisdiction: City of Morro ay, Public Works Department B. Contact Person: Willi '. Boucher, Public Works Director C. Project Name: Roundabout Study D. Project Description The project will consist of a study that will examine the feasibility of constructing roundabouts at the City intersections of Quintana Road at Mono Bay Boulevard, Main Street at Highway 41 and Main Street at San Jacinto and Alder. The study will include developing concept drawings and cost estimates for the proposed roundabout at each intersection. E. Type of Funding Requested - Regional SHA/STP O Urban (local) SHA/STP F. Project Funding Summary 1. Amount Requested $35.000 2. Total Project Cost $35.000 Proiect Schedule and Funding Suunmary (nu cabers in tbousanuls) Project Category Previously Prograwm Source Amount Year Commitment I .Source Amount Year Request Source Amount Year anning/S«oping n/a n/a n/a 0 n/a R HA 35 98/99 Environmental Analysis n/a $0 n/a n/a 0 n/a n/a n/a PreliminaryEngineering n/a $0 n/a n/a $0 n/a n/a $0 n/a Constmetion Engineering n/a $0 n/a n/a $0 n/a n/a $0 n/a Ceostmction n/a $0 n/a n/a $0 n/a n/a $0 n/a R' lrt of Wayn/a $0 n/a n/a $0 n/a n/a n/a tker n/a $0 n/a n/a $0 n/a n/a $0 n/a Sub -lotal *u Total Project Cost E1J 4� ib The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide PVP F <Prvirr and <afety ronsisrent with and resnonsive to the needs of the public. Am�NNI.Et-1T P� YIC� N�T1� MAP a u Pak Da,.wsdmd CLASS I BIKE PATH -------- CLASS 0 BIKE LANES DESTINATION ?@ZiicTSTIID`l SITS ndom* P I. Il � M. ei }tp �i1�'� � e�kS,.-fl r � Itne �f i�tl�A,; •} {t r� ` ; Kr ` ��eil S '•r i "V� i•. CFI t .� 'i � .. t'�� r yy/ .•(, f! �. y J }yil T_I4 ,N el i 1. ,� 1INi: a l,• S 'ti • ` e I If '`5t � pl , r ti r 1. �-Li• i a f I l e�i le �� t`� /... e'�u�,'If � r t } ! 1 I IF 'e` f �!l jef tZc� I I .� I �. I_�I� {p' nlG�c�J`C•:Jid1+�.++�3�'is- IF "flry ci 'i , - c � 1 e ` 13 rL •..i 'P ..c ✓ �' 4 � °. 4 ���y• -v< oiT t � � 4 J-; l� • • • D G. Milestones Mtlestone Requested � Startl)a5te' `: �`f Eshtnated� ;. Fiscat fear � '� :Completion Date.. ;, 1. Begin Work on Study 98199 July 1998 October 1998 2. Study to City Council 98/99 November 1998 November 1998 H. Project Scoping Documentation List and attach relevant 12piect sgQaigg documentation (Note: A project scoping document is required for all significant projects; a project study report meeting Caltrans requirements is required for all major Highway Projects, per State Law). Not applicable as the proposed study would be scoping a project for construction of roundabouts at the intersections of Quintana Road at Morro Bay Boulevard, Main Street at Highway 41 and Main Street at San Jacinto and Alder. L Project Map - See Attachments A, B, C and D. J. Priority - No other grant/funding applications are being submitted for this project. K. Threshold Requirements 1. For STP funds, describe consistency with section 133 of ISTEA. Not applicable as this application is not for STP funds. 2. For SHA funds, describe consistency with Article XIX of the State Constitution. The project is consistent with Article = of the State Constitution as it is for the planning of the construction of roundabouts at three City intersections to better regulate the flow of traffic, reduce traffic congestion, improve safety and mitigate potentially hazardous conditions on the City's public streets. 3. Describe this project's consistency with Local adopted plans. 4. Describe the project's consistency with the Regional Transportation Plan (RTP). The proposed project is consistent with the RTP goal to "develop a street, road and highway system that provides for safe, efficient, convenient and reliable movement of people and commodities within and through the region" and with the following RTP objectives and policies: a. Funding appropriate improvements to existing streets, roads and State Highway facilities to reduce or mitigate segments with high congestion levels. b. Increase the efficiency of the existing transportation system through operational improvements. • C. Establishment of a transportation system which minimizes energy requirements through the planning, programming and implementation of facilities which conserve energy. d. Establish a regional transportation system which emphasizes public safety in all modes of transport. e. Improve interconnectedness, flow and ease of movement on all transportation condors to maximize the efficiency of the existing system. 5. List expected date of local government board approval. The City Council is expected to approve the project and its application for SHA/STP funding at its November 10, 1997 meeting. 6. Describe total time frame for project completion. The project is scheduled for the 1998/1999 fiscal year with the study to begin during July, 1998, and to be completed by November, 1998. 7. Identify the project's functional classification (if applicable) and if the project is on the designated Federal Aid System. The project is on the designated Federal Aid System. I.. Priority Criteria - For Regional Proiects Only address the following priority criteria: • 1. Describe how the project addresses a safety/security problem (15 pts.). Quintana Road and Main Street are frontage roads that parallel Highway 1, have high volumes of traffic traversing the roads each day, and have four way stop signs to regulate the flow of traffic. In addition, State highway off and on ramps are parallel with or adjacent to these intersections and can be confusing to motorists/bicyclists who are unfamiliar with the area and can potentially lead to accidents involving automobiles, bicyclists and/or pedestrians. The proposed study would examine the feasibility of constructing roundabouts at the intersections of Quintana Road at Morro Bay Boulevard, Main Street at Highway 41 and Main Street at San Jacinto and Alder to improve safety and mitigate dangerous conditions that exist with the current intersection design for vehicular, cyclist and pedestrian traffic. 2. Describe the demonstrated need for the project (15 pts.). The intersections mentioned above, as currently designed, create hazardous conditions for vehicular, cyclist and pedestrian traffic for which the construction of roundabouts could make safer. These intersections generate high volumes of traffic from both the State highways that parallel it and frontage roads perpendicular to it, hence creating increased congestion at • the intersections. The construction of a roundabout would allow traffic to be self- regulating so that drivers could enter traffic when there is a gap rather than the stop and go motion from waiting for their turn at the stop sign. SlWST 1 Application - Roundabout Study • 3. Describe how the project addresses a multi -modal need (15 pts.). The potential hazards coming from several different directions at the above mentioned intersections creates a volatile situation where automobiles, bicycles and pedestrians meet and an accident could occur. The construction of a roundabout would circulate the flow of all traffic in a way that is safer and more efficient for vehicles, bicycles and pedestrians alike. 4. Describe how the project mitigates a congestion/air quality problem (15 pts.). As mentioned previously, these intersections generate high volumes of traffic from both the State highways they parallel and the frontage roads perpendicular to it. The high volumes of traffic on each of these roads results in congestion at the intersections that must stop and wait their turn regardless of whether there is a gap in traffic. Construction of a roundabout would allow traffic to be self-regulating so that drivers enter when there is a gap rather than the stop, wait, and go motion from waiting for their tam at the stop sign. As a result, there would be a reduction in traffic congestion, fuel consumption and air pollution by eliminating the need for the stop and go motion that is created from the stop sign and allowing traffic to regulate itself. 5. Describe the cost effectiveness of the project (15 pts.). As this project is for a study, it is difficult to determine the cost effectiveness except that • if the study shows that roundabouts should not be constructed at one or all of these intersections, then the City would not waste time, money and resources in pursuit of a project that should not occur in the first place. Similarly, if the study were to show that roundabouts should be constructed at one or all of these intersections, then the City would have a document already scoping the project and be ready for funding and construction. In addition, a roundabout is easier and less expensive to operate and maintain than constructing a signal at these intersections. 6. Describe how the project will provide an equitable distribution of funding (15 pts.). The project is of regional significance and would benefit both the City and the region by facilitating the safe, efficient flow traffic to and through the intersections, resulting in decreased congestion at these intersections and thereby reducing fuel consumption and vehicle emissions. 7. Describe what local funding contribution is being provided. Unfortunately, due to budgetary constraints, the City cannot contribute local funding for the proposed project; however, contributions in the area of staff time commitments can be provided by the Public Works Department. Staff time commitments would include Public Works Director and Administrative Assistant time for overseeing and coordinating this project with the City's contracted engineer, the contracted construction firm and is SLOCOG. SHA/STP Application - Roundabout Study P RESOLUTION NO. 75-97 A RESOLUTION OF ACCEPTANCE OF AN OFFER OF DEDICATION FOR PUBLIC STREET SIDEWALK PURPOSES ALONG THE DUNES STREET, FRONT STREET AND EMBARCADERO FRONTAGES OF 998 EMBARCADERO. Being: Assessor Parcel # 066-321-019 Being: Parcel 32 of Parcel Map MB-70-92 Recorded in Book 5 of Parcel Maps at Page 37, SLO County Recorder THE CITY COUNCIL City of Morro Bay, California WHEREAS, on October 7, 1996, the City Planning Commission approved a retail expansion project for Wavelengths located at 998 Embarcadero; and WHEREAS, pursuant to the conditions of approval for said project and the City's Circulation Element, land shall be dedicated as necessary to obtain an eight foot sidewalk width along the project's Embarcadero, Dunes and Front Street frontage; and • WHEREAS, the owner has made said offer attached herewith; and WHEREAS, it is in the public interest to accept the offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached offer of dedication made by the owner of the above described land at 998 Embarcadero 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 I Oth day of November, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NO AK, Mayor ATTEST: 1 : ' It A-Mvis. L IRREVOCABLE & PERPETUAL OFFER TO DEDICATE ---00000--- THIS OFFER TO DEDICATE, made the 9th day of July, 1997 by Michael E. Hischier and Phyllis R. Hischier, Trustees of the Hischier Living Trust_, Dated September 12, 1990', and Patrick L. • Hischier and Susan M. Hischier, Trustees of the-Hischier Living Trust, Dated September 18, 1992 of the City of Morro Bay, 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 street purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain streets. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described as follows: SEE EXHIBIT `B' rqj 7"] • 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of a public right-of-way for street purposes and incidental uses upon the following described property: A three foot wide strip, measured at right angles from and parallel with the easterly, northerly and westerly lines of said parcel described in Exhibit `8' attached hereto, together with the north 4.50 feet of the east 16.00 feet. The effect is to widen Front Street, Dunes Street and Embarcadero Road by 3.00 feet and to provide additional space for a wheelchair accessible ramp at the corner of Dunes and Front Streets. (See Exhibit `A') 3. That until such time as the above offer of dedication is accepted by the City of Morro Bay, all owners of property contiguous to the above described street parcel shall have the right to use said street parcel as a private street. • 4. 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, may accept said offer of dedication of the public right-of-way. 5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. 6. 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. Offerok Offeror r Offeror Offeror • • E NOIlVOIp90 FN 0 LL r, 00 d U 3-5 Satin DESMMON tate Tidelands Survey No. 10 in Section 36, Township 29 South, Range T.That..-port on 0f S ;10 Mount Diablo Base and Meridian, designated as Loot J on the map entitled "Ma - owing'*.lands of March and McAlister, in the Town of Morro", in the City of Morro -'i9ay,-:..Count)F Of Sdil LULO Obispo, State of California, according to map recorded Zanu % ary,23, 1889 in Book A, at Page 159 of Maps, in the Office of the County Recorder, of !amid County, bousided on the North by the Southerly line of Seventh street :and bo�inded,.cn the South by the Northerly line of Lot designated "Devoe", all as shown on. Raid. Mr. EXCEPTING therefrom that portion of Lot Ili" of "The lands of March and McAlister in the Town of Muzro", in the city of Morro Bay, in the County Of San Luis Obispo, State of California, as surveyed by H. C. ward, September 1886, as per map thereof recorded Jartlunry 23, ls99 in Book A, Page isq of Maps, in the Office of the.County Recorder of said County, described as follows: .Begi,nning*at A I' iron pipe marked RCS11727 at the Northwesterly corner of said;Lot I "im, '.also being the Intersection of the Easterly line of Embarcadero: Road:,andl,the:,, -Southerly line of. Dunes Street (formerly 7th Street) as shown on a Parcel'Map. '30'filed 'in'Bonk 3 at Page 10 of Parcel Maps.. in'the,Office of the County th�890 58'�45" Recorder;�Of,,aaid Countyl, thence along the following courses: (1) Sou 'Cost along the southerly line of said Dunes Street; (2) thence leaving zasv'� 4 1:. 8 8 r 431 Went 31,46 feet tO�a point on.the Easterly line..: :1 smid! Southerly. line south 50 241 1. of`said;Embaruadero Road; (3) thence along said Easterly line North 269 29' 63" West, �1. :27.00 feet to the Point of Beginning, ALSO. j4xt:EP,aNa therefrom 'any portion lying westerly qf the boundary line as describe in -judgement and Decree Quieting Title, Case No. 31598,' in the superior Court.of the state or.California in and for the County of San Luis Obispo, recorded septem . ber. 201,. 19,to In Book 1585, page 585 of Official Records. PARCEL 2: mat,portion of Duties Street (formerly 7th street) of "The Lands of March and cAllaLer.'In:,the. Town of Morro", in the city of Morro .Bay,';in the. County' ''In 900 61,13 rll.-Istate� of'::California, according to map recorded ;;ianuary 23, 18.89 59.,�lcf Maps, -;in he.Office of the County Recorder..`Qf O'said County,,,' described 0 , inn I in , at -A -I"- iron pipe .'marked RCE 11727.at the Northeasterly corner of Lot "J" lsolbelng.the'intersection of,the Westerly line of Front Street and.the Southerly In . e-, of Dunee street (formerly 7th Street), as shown.on a Parcel Map'No...,M]3-60-30•.' fled in; Book 3, at Page 10 of Parcel Maps, in the office*of.the :County Recorder:'of aid, -County; thence Along the following courses: (1) North-310 02"15" West 43'.*00 seCs'ralong•the prolongation of the Westerly line of said Front Streetj-.:(2) 'thence..' eavi , ngi-said prolongation of the westerly line, South 500 431 2411• West 58.16..feet,to a 9 , int'O , n , i' . the, Southerly line of paid. Dunes Street; (3). thence along aaid�. Southerly ineTsouth"890 58" 450 Sast,67.19 feet to the Point of.Beginnin 1, aid ; . j, . property, I is also shown as Parcel 13 on Parcel Map No.. MC-69-21,, recorded December-;! 4W a, �j!196V in.' Book. 4" Page 34 of.Parcel.MaPD. MID -STATE BANK CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A of OiC'.t,�/f/�'/}/� ty of�,v (/jJ400 On before me, � I UCI&C/ /(A%/tp /-Llh /C personally appeared Date / Nani Title of O eer PlyaS Name(s) of S�ig'}er(s) w W.TUCKER COMM. #1011068 -� NOTARY PUBLIC - CA JFORNIA t: ~ SAN LUIS OBISPO COUNTY My Comm. Expires Jan, 8, 1998 personally known to me - OR - [ roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary the data below is not required by law, it may prove valuable to persons relying on the document and could prevent :nt reattachment of this form. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION-- O//FATTACHED DOCUMENT [ Individual—{�ipi�'C I/OCH r`C V— pt/P 6 f/ [ ] Corporate Officer 70 000 -b'v-� Title(s) [ ] Partner(s) [ ] Limited [ ] General [ ] Attorney -in -Fact [ ] Trustee(s) [ ] Guardian/Conservator [ ] Other: Absent Signer (Principal) is Representing: Name of Person(c) or Entity(s) Title or Type of Document y Number of Pager Date of Document Signer(s) Other Than Names Above ADM-005 (08/94) a STATE OF CALIFORNIA COUNTY OF FRESNO On G ' 1 717 before me, t(r-ru S, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persoaIg whose name( subscribed to the within instrument and acknowledged to me that he/she/ ey executed the same in his/her/ � authorized capacity(ies), and that by his/her/� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i WITNESS my hand and official seal. --------�_-----`------------ Notary Public • OPTIONAL INFORMATION r+O,w ••7,• BETTE BURRUS COMM.i1126765 rn NOTARY PUBLIC-CAIIFORNIAy FRE8NO COUNTY tar nn.^ MY Comm. Exp. March 10, 2001 Title or Type of Document Date of Document Number of Pages Signers Other Than Named Above • RESOLUTION NO. 74-97 16 RECOMMENDATION TO THE PACIFIC FISHERIES MANAGEMENT COUNCIL TO ELIMINATE PROPOSED NEW MONTHLY TRAWL FISHING QUOTAS THE CITY COUNCIL City of Morro Bay, California WHEREAS, in September the Pacific Fisheries Management Council (PFMC) proposed new reductions in monthly quotas for trawl fishermen on the west coast; and, WHEREAS, the current monthly quotas for trawl fishermen make operation of these vessels barely profitable; and, WHEREAS, if new reductions in monthly quotas are adopted as proposed, most trawl fishermen will not be able to continue operating their vessels resulting in bankruptcies, abandoned vessels and the collapse of many of the marine dependent support business in our community; and, WHEREAS, the PFMC has proposed these reductions without completing any research on central California coast trawl fisheries stocks and with very little biological evidence of any depletion in most west cost trawl fisheries stocks; and, • WHEREAS, if enacted, the proposed reduction in monthly trawl fisheries quotas will result in higher consumer food prices and disastrous effects on local economies of small fishing harbors like Morro Bay; and, WHEREAS, there is insufficient evidence to show any need for these reductions and many people believe that further research will indicate that destroying the trawl fishing industry on the west coast was unnecessary as most west coast trawl fisheries stock are not depleted; and, WHEREAS, current individual species quotas require fishermen to return to the ocean up to 30% of their catch. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that the Pacific Fisheries Management Council should recommend to the Department of Commerce that immediate funds and priority be given to comprehensive biological data gathering and research on west coast trawl fisheries stocks, including central California grounds; and, BE IT FURTHER RESOLVED, the City Council requests that the Pacific Fisheries Management Council does not recommend reduction in monthly quotas on trawl fisheries for at least the next three years pending such research and data gathering; and, Resolution 74-97 Page 2 BE IT FURTHER RESOLVED, that the City Council requests that the Pacific Fisheries Management Council discontinue the demoralizing and wasteful practice of requiring fishermen to discard individual species over quota catch and effect a mechanism whereby fishermen can land the over quota catch, income from which would be dedicated to funding continued research and restoration for west coast fisheries. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting held thereof on the 27' day of October, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None • • :j fo CATHY NO , MAYOR LAW OFFICES OF DAVID M. HOLLINGSWORTH DAVID M. Ho NGSWOBTH 126 BONIFACIO PLACE MONTEREY. C�LIFORN'IA 93940 • October 7, 1997 �J 40 TELEPHONE(4W) 3753135 TO: Pacific Coast Trawl Fishermen, Permit Holders, and Processors: FAX OW) 37S3W3 Prior to Monday, October 6, 1997, there was no reason to expect that there would be radical and devastating reductions in quotas imposed on the groundfish industry, in general, and the trawl industry, in particular. Yesterday, in a Groundfish Informational. Meeting in Santa Rosa, radical reductions in quotas were proposed which would render most trawl fishing operations unfeasible. Unfortunately, there was a relatively small showing of interested fishermen and processors to speak against the proposed guidelines. John Pennisi ("Irene's Way" of Monterey), Dave Birch ("Restless Sea II" of Morro Bay) and Barry Cohen ("Point Loma" of Avila Beach) among the very few trawlers who attended the meeting. Mr. Cohen advised me that he was so disturbed by the proposed changes that he arose at 4:00 A.M. to commence a letter, the substance of which is incorporated herein. Mr.' Pennisi also advised of staying up most of the night working on opposition to the proposed reductions in quotas. Neither believe they can afford to continue trawl operations if the proposed guidelines are adopted. Here are some of the reductions. in quotas which are being very seriously proposed and considered: Monthly Ouotas By Species Prior to Oct. 1. 1997 Proposed Ouotas Dover Sole: 36,500 pounds Black Cod: 6,000 pounds Longspine: 6,000 pounds Shortspine: 1,500 pounds Ling Cod: 15,000 pounds Sebastes: 75,000 pounds 5,000 pounds 1,000 pounds 2.000-2.500 pounds 500 pounds 500 pounds 35,000 pounds Widow Rock: 30,000 pounds 15,000 pounds Thus, you can see that next year your quotas stand to be cut to anywhere from one-half to one -sixth, and even up to one - thirtieth in the case of ling cod. Mr. Pennisi and" -Mr. Cohen contacted me today, the day after the meeting, and advised that they are not ready to cease • operations without a firm challenge of the proposed guidelines. After careful consideration of the nature of the problem and the best way to opposed the proposed changes, the following course of action is being considered: 1. Form and fund a non-profit corporation or other appropriate entity to represent the groundfish industry to conduct opposition to the proposed changes both at the administrative level, and in the courts if necessary; 2. Hire an eminently qualified marine biologist specializing in the demographic aspects of west coast fish populations for the purpose of analyzing and critiquing the studies performed which support the proposals; 3. Hire an attorney to analyze and articulate positions, of persons and industries dependent on efficient taking and perpetuation of the groundfish industry, both by written communications, oral presentations at meetings, moratoriums and lawsuits, if necessary. The present goal is to maintain the status ono pending further studies by our expert. The ultimate goal is to ensure that accurate and meaningful raw data is used to implement fair • conservation measures. Some of the many.criticisms of the procedures and preliminary determinations now being proposed follow: 1. Notwithstanding the fact that logs of trawlers did not reflect a significant diminunition in the fish stocks, these important findings were excluded from use in the data which precipitated the current proposals.' It is admitted that if the foregoing data had been included in.the "model", it would have increased their determination of the "Acceptable Biological Catch" of Sablefish, Dover sole and Thornyheads from 2,500-3,000 metric tons to 7,300 metric tons. (If you ignore the pluses and concentrate on the minuses, the result is obviously both flawed and skewed.) 2. Sampling methods used to support the presently proposed drastic reductions of quotas were and are believed to be based upon improper fishing techniques by inexperienced government personnel using inadequate equipment and gear. There is a genuine concern that the Council responsible for There appears no reasonable alternative to retaining a proficient expert to evaluate and comment upon the methods used by federal • biological experts. setting the guidelines has not been willing to work with the • industry. The ones who are writing the law need to know the true facts before they enact bad laws based upon bad data. We are in the process of attempting to locate a fully qualified expert to analyze and report on the methods and data used by the biologists to justify the current recommendations. In addition to the formation of a non-profit organization to organize and sustain opposition to the present proposals, it will be necessary to create a trust account to pay for actual, out-of- pocket expenses for one or more experts, postage,2 copying, telephone, and legal representation. The method proposed to insure appropriate safeguards for use of the trust account is to require joint signatures of approval of Mr. Pennisi and Mr. Cohen or their successors for each and every disbursement. A trust ledger will be maintained which accurately records the contribution of each interested party. If and when this project is terminated, any and all funds not disbursed for bona fide out-of-pocket expenses will be refunded. Periodic accountings will be provided. Mr. Pennisi and Mr. Cohen have asked me to assure you that this project is going to be controlled by fishermen only. It is proposed that each interested party contribute for initial capital requirements no less than $200.00 to: DAVID M. HOLLINGSWORTH, TRUSTEE. The names of contributors and amounts • thereof will be recognized in forthcoming communications. Your suggestions and comments will be appreciated. Mr. Cohen has asked me to emphasize that "We can't afford to let the government put us out of business based on bad data". Mr. Pennisi has asked me to remind you that if the proposed guidelines are adopted, your limited entry permits and boats will likewise be rendered virtually valueless. IN ORDER TO PROTECT THOSE VALUES, YOU MUST ACT NOW! / YoWID. trul , P� JOHN PENNISI DA LINGSWORTH BCOHEN (408)655-0874) (805)927-5123 2 Mr.Pennisi and Mr. Cohen are currently advancing funds to pay for postage and related expenses in order to organize meaningful • opposition to the proposed quotas and the inadequate procedures used to support the same. Sign Up And Contribution Form Please Fill Out And Mail IMMEDIATELY To: Law offices of David M. Hollingsworth 126 Bonifacio Place Monterey, California 93940 NAME ADDRESS [.Ti1: ull! ►t Nul: or PROCESSORS • I ' AMOUNT OF CONTRIBUTION PLEASE, Make Checks Payable To: DAVID HOLLINGSWORTH, TRUSTEE. SUGGESTED NAME FOR OUR ORGANIZATION mNo owaE c °d� O tn' � � o �.O 0 R b'O Q. ,p, �','.. v �._�.;_:GTi •t� R' '. - C\I �1. rA .yt1 p 'l7 �E'r. w e f� n �g' t�Opo ram, o. togEr 0 En 1.'N� ` e. 4r.• O. EB.o� g�? cr < S fir' Fr rr 92 o' �8.�z� �°.�oOo N• rp 14.St (m 0 'iiy 4...[`-n { ,Atr.w�..1 arNM..�.'�!Y•r�1.A •iwtlrtrrry.• J •t � . R5'OeS :s gP �s s Cos Er �o \/s--- tm y_� 6 ���eEr goga.r �n+ E'r 6 a^o r � �i CanQ[ �• �,tr. 8 4� �'�A ,:.".,� is O p � � _ pQ Q QC' 6}Q� R !g[1 Mpg OAP ,F. tI/• Y t�l. ,� m�E�[��•W � �. � [i' �' O �: r •, yam F � m o. � � �' s � � � � .,T� ` � F,.�-$ ,�.r� t� g m •�'- ;± . :. a a..p G. _�YO �g's C. � }'i,�•s3 � Sti: / J p` �ID ���„_+�dxF, �`z� �,'+4'oQ�.[�e�'. �, :i6Y W '(�� �`I+.(_� ,�."I �T 2�i„j' •. � Y oy'���.h t� ti7 �.✓S•r li%.;'�•syv W.' '^i�•t ^'21Y-�^(: ,i�� w r.��f,� y�•/, �^-�'-� ,�. r '�� .a- --- -- ne> rk1 � 6. o• O — pup p,p pap 9, �._ oi5if25'i p�r•• B.._ o G .. 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O C 1 9Y9 O, w O• po • RESOLUTION NO. 73-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING INCREASED CREDIT LINE AND USE OF CREDIT CARDS THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council originally authorized the use of credit cards by the adoption of City Council Resolution No. 21-94; and WHEREAS, City Council Resolution No. 21-94 limited issuance of credit cards to the City Administrator, the Police Chief and the Fire Chief, and WHEREAS, City Council Resolution No. 21-94 limited use of the credit cards to travel on city business; and WHEREAS, the City Council now finds that changing times and changing business practices make the wider use of credit cards both more economical and more efficient than traditional purchasing procedures for small purchases, as well as for travel; and • WHEREAS, the City Council further finds that it is cost-effective for all departments to have and use city credit cards and that a combined credit limit of ten -thousand dollars ($10,000) for all credit cards is appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Treasurer be authorized to modify the credit agreement with Mid -State Bank to reflect the above changes. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of October, 1997, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOVAK, Mayor -BRIDGnT BAU City Cleik • RESOLUTION NO. 72-97 ASSIGNMENT OF LEASE SITE 65-66/65W-66W FROM JAMES & BEVERLY MAUL TO ABBA AND KRISTEN IMANI 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 65-66/65W-66W; and, WHEREAS, James and Beverly Maul are the lessees of said Lease Site; and, WHEREAS, James and Beverly Maul are requesting that Lease Site 65-66/65W-66W be assigned to Abba and Kristen Imani; and, WHEREAS, James and Beverly Maul are in compliance with all terms and conditions of said lease agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council hereby consents to the assignment of Lease Site 65-66/65W-66W from James and Beverly Maul to Abba and Kristen Imam subject to and contingent upon approval of • final assignment and assumption documents by the City Attorney prior to December 15, 1997. Said consent to assignment will be null and void if assignment and assumption documents are not approved by the City Attorney by December 15, 1997. BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute the assignment and assumption documents as approved by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 271h day of October, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None �+ nt✓11L� CATHY NOV K, MAYOR BRIDGET-DAUER, I .77 ,. .-..;fir---9 •., =..:-7 HARBOR DEPARTMENT 1275 EMBARCADERO, MORRO BAY, CALIFORNIA 93442 APPLICATILO.N. APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENTS To be completed and returned to the Harbor Office for processing. LEASE SITE #: 65-66/65W-66W J. Maul Lessee (please print) 3009 Beachcomber • Mailing Address Morro Bay CA 93442 City, State Zip APPLICATION FEE: 267 67'WZF$I Business Name . 772-BBBS Telephone REQUEST: Briefly describe the specific nature of the approval requested. Site 65-66/65W-66W to Abba Imani and Kristen Imani. Request assignment of Lease Signature • SEE REVERSE ZD/ /7 7 I Date' The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. u Pacific r 4 15 Cafe ` 11�'S1997 Abba Imani 145 Dana Way, Morro Bay,Ca 93442 Tel (805) 772 2965 Fax (805)772 2431 _ __ --- October 15,1997 Mr Rick Algert Harbor Director City of Morro Bay RE: Assignment of Lease Site 65-66/65W-66W; r Dear Rick, As you know from -our meetings,- I am purchasing the Salt Building from Mr. James Maul. My family and -- I live at 145 Dana Way in Morro Bay. I am the owner/operator of pacific Cafe at 1150 Embarcadero. The Pacific Cafe has been written up by many publications all over the state and outside the state for best gour- met dining and great service (established 1986). 1 also own Bay City Grill at 911 Main Street, Morro Bay • (established 1989). I am glad to be able to promote tourism and the city of Morro Bay througb advertising and the good reputation. I am looking forward to cooperating and working with you. If I can be of any assistance, please contact me at 772-2965. Thank You. Yours Truly, Abbalmam • RESOLUTION NO.71-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING APPLICATION FOR PARTICIPATION IN THE FEDERAL SURPLUS PROPERTY PROGRAM THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council continuously seeks out methods and strategies that will benefit the Citizens of Morro Bay through cost savings; and WHEREAS, one such cost saving measure is participation in the Federal Surplus Property Program which allows the City to acquire surplus property items at minimal or no charge; and WHEREAS, the City must periodically renew its eligibility for the program by adoption of an appropriate City Council Resolution. NOW, THEREFORE, BE IT RESOLVED, and hereby ordered, by the City Council of the City • of Morro Bay that the officials and/or employees whose names, titles and signatures are listed on the attached SASP Form 201-A, are hereby authorized as our representatives to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side of SASP Form 201-A. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of October, 1997, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None N ,t4,_ CA NOVAK, Mayor �1; AUER, City Clerk • U:V��bl\WPLL1tF]OWE40)19).CC OMlm 16, 199'! State of Califomia SASV Form 201-A 3/92 Department of General Services State Agency for Surplus Property 701 Itumirq Tree Road Fullerton, CA 92633 (714) A49.59M Name of organization Address Organization is a: PUBLIC AGENCY ELIGIBILITY RENEWAL APPLICATION FEDERAL SURPLUS PROPERTY PROGRAM A. Conservation B. Economic Development C. Education D. Parks and Recreation E. Public Health F. Public Safety G. 2 or more listed H. Other (includes library/museums) I. Homeless Program City NONPROFIT J. K L. M. County AGENCY Telephone ZIP Private Education Private Health Older Americans Act for Sr. Citizens Homeless Program NOTE: Categories J-K-L-M Number of sites Enrollment or number of clients served RESOLUTION "BE IT RESOLVED by the Governing Board, OR by the Chief Adminisrative Officer of those organizations which do not have a governing board, and hereby ordered that the official(s) and/or employee(s) whose name(s), title(s), and signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side of this form. - NAME --(Print or type) TITLE SIGNATURE PASSED AND ADOPTED this _ day of ,19 _ , by the Governing Board of by the following vote: Ayes: ; Noes: ; Absent: . I, Clerk of the Governing Board of do hereby certify that the foregoing is a full, true, and correct copy of a resolution adopted by the Board at a meeting thereof held at its regular place of meeting at the date and by the vote above stated, which resolution is on file in the office of the Board: (Signed) OR AUTHORIZED this— day of 19 _ , by: Name of Chief Administrative Officer (Signed) FOR STATE AGENCY USE *pplication approved: Comments or additional information: Application disapproved: Date: Signed: (Title) TERMS AND CONDITIONS THE DONEE CERTIFIES THAT: 1) It is a public agency; or a nonprofit institution or organization, exempt from taxation under Section 501 of the Internal Revenue Code of 954; within the meaning of Section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General Services. (2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes, or, if a nonprofit tax-exempt institution or organization, the property is needed for and will be used by the recipient for educational or public health purposes, including research for such purpose, or for programs for older individuals. The property is not being acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the state, except with prior approval of the state agency. (3) Funds are available to pay all costs and charges incident to donation (4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil Rights Act of 1964, Title VI, Section 606, of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 197Z as amended, and Section 303 of the Age Discrimination Act of 1975. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in use for such purpose(s) for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify the state agency and, at the donee's expense, return such property to the state agency, or otherwise make the property available for transfer or other disposal by the state agency, provided the property is still usable as determined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. (3) In the event the property is not so used or handled as required by (11)(1) and (2), title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF K000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s). (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a Wtod of 18 months from the date the property is placed in use, except for such items of major equipment listed hereon, on which the state ncy designates a further period of restriction (3) In the event the property is not so used as required by (C)(1) and (2) and federal restrictions (11)(1) and (2) have expired then title and right to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) above remain in effect, the donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the state, without the prior approval of GSA under (B) or the state agency under (C). The proceeds from any sale, trade, lease, loan, bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA or the state agency, as the case may be. (2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior approval of GSA or the state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the state agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal, as determined by GSA or the state agency. (3) If at any time, from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the state agency, and shall, as directed by the state agency, return the property to the state agency, release the property to another donee or another state agency or a department or agency of the United States, sell, or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the state agency. (4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be required from time to time by the state agency. (5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent thereto in (D) by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an "as is," "where is" basis, without warranty of any kind. tgggag e carries insurance against damaired terms, conditions, reservatioproceeds, of an amount equal to /STTION COST OF t5,000 OR MORE,DREGARDLESS OF THC E� UAPOSE FOA WIf(ICH A�c.Qo NEMDOi RE IN LENGTH) The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document executed by the authorized donee representative. • RESOLUTION NO.70-97 RESOLUTION PROHIBITING SKATEBOARDING AND ROLLER SKATING FROM PUBLIC PROPERTY DESIGNATED FOR AND DURING THE ANNUAL MORRO BAY HARBOR FESTIVAL THE CITY COUNCIL City of Morro Bay, California WHEREAS, Morro Bay Municipal Code Section 10.54.040 authorizes the City Council to prohibit skateboarding and roller skating form specified public property; and WHEREAS, the Annual Morro Bay Harbor Festival is held on public property the first weekend of October each year; and WHEREAS, the Morro Bay Harbor Festival draws thousands of attendees who are confined in a limited and very congested festival site on the Embarcadero; and WHEREAS, due to the high concentration of pedestrians at the festival site, skateboarding and roller skating would be both a nuisance and public safety hazard; • NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that skateboarding and roller skating is hereby prohibited from public property designated for and during the hours of the Annual Morro Bay Harbor Festival when such prohibition is properly posted; and BE IT FURTHER RESOLVED, that such prohibition of skateboarding and roller skating from and during the Annual Morro Bay Harbor Festival site shall continue during subsequent Harbor Festival sites until rescinded or modified by future City Council action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22" day of September, 1997, by the following vote: AYE§: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSTAIN: None Q�^ �) CATHY NOV K, Mayor ATTEST: BRIDGET AUER, City Clerk RESOLUTION NO.68-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA REQUESTING GOVERNOR WILSON TO SIGN SENATE BILL 368 TO FUND HIGHWAY 1 TRAFFIC SIGNAL PROJECT LOCAL COST SHARE THROUGH PVEA FUNDS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the installation of a traffic signal and appurtenant works at the intersection of State Highway 1 and Yerba Buena Street in the City of Morro Bay has been determined to be of the highest priority for public safety; and WHEREAS, said intersection is under the jurisdiction of both the City of Morro Bay and the State of California; and • WHEREAS, the State of California Department of Transportation (CalTrans) and the City of Morro Bay have entered into a Cooperative Agreement (05-CA-0067) to construct and maintain said Signal Project (Project No. 05-250-449100) with cost -sharing provisions; and WHEREAS, CalTrans has funds allocated for it's pro rata share of Project costs and said Project is scheduled for construction in the current fiscal year; and WHEREAS, the City of Morro Bay's financial constraints are such that it is not capable of providing funding for it's up to estimated $95,700 share of Project costs from it's own resources; and WHEREAS, Senate Bill 368 (SB 368) funding of this Project with Petroleum Violation Escrow Account funds has passed both the House and the Senate; and WHEREAS, it is in the best interests of public health and safety to complete this Project in a timely manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that we implore Governor Wilson to approve SB 368. • Resolution No. 68-97 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of September, 1997 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: 1�- Q .i.: a ►. 6 ' m Iir, 0 """"""1 N N d►` CATHY NO AK, Mayor • RESOLUTION NO. 67-97 RESOLUTION AUTHORIZING FILING OF A NOTICE OF COMPLETION FOR PROJECT NO. PW 96-34; CHORRO CREEK BRIDGE (BRM-Y369(002)) AND APPROVING AGREEMENT AND GRANT OF EASEMENT WITH STATE DEPARTMENT OF PARKS AND RECREATION the City Council, City of Morro Bay, California WHEREAS, on June 10, 1996 the City Council awarded the construction contract for Project No. PW96-34 (Federal Aid No. BRM-Y369(002)) to Nick E. Pokrajac, Inc.; and WHEREAS, said Project has been completed in accord with the Project's plans and specifications as evidenced by a Statement of Completion by the City Engineer; and WHEREAS, completion of said Project provides for approval of right-of-way documents between the City and the California State Department of Parks and Recreation; and NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that • Project No. PW 96-34; Chorro Creek Bridge is hereby accepted as completed by Nick E. Pokrajac, Inc. and filing of a Notice of completion is authorized; and BE IT FURTHER RESOLVED, that the Agreement and Grant of Easement for the Chorro Creek Bridge/South Bay Boulevard right-of-way is hereby approved; and BE IT FURTHER RESOLVED the Mayor is hereby authorized to execute said Agreement and Grant of Easement documents reflecting this action. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 8th day of September, 1997 by the following vote: AYES: Elliott, Peirce, Peters, Novak NOES: None ABSENT: Anderson ABSTAIN: None t `1 ATTEST: CATHY NOVRK, Mayor I BRIDGEY BAUER, City Clerk -%•;. r.. • • • T' w PUBLIC ;WORKS DEPARTMENT • 695 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 • 8OS-772.6261 CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS August 27, 1997 The undersigned hefeby states that the construction of PROJECT PW 96-34, CHORRO CREEK BRIDGE ON.SOUTH BAY BOULEVARD by Nick E. Pokrajac,;lnc., P.O. Box 539, Templeton, CA 93465 has been inspected and • found to be complete and in substantial compliance with the approved plans and specifications. It is therefore requested that the City Clerk file a Notice of Completion. 1 I NSteven y stereer • 9516619.MB The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to orovid, NOTICE OF COMPLETION CITY OF MORRO BAY TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, County of San Luis Obispo, California, that the construction of PROJECT NO. PW96-34; CHORRO CREEK BRIDGE [FEDERAL -AID NO. BRM- Y369(002)] in the City of Morro Bay, has been completed by NICK E. POKRAJAC, INC., P.O. Box 539, Templeton, Ca. 93465 and was accepted on September 8, 1997. • &4-j� BRIDGETT B UER, City Clerk City of Morro 19ay, California The undersigned hereby deposes and says: That she is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that she has read the foregoing Notice and knows the contents thereof and that the same is true of her own knowledge. I declare the foregoing to be true under penalty of perjury. *i� - Executed at Morro Bay, California, this day of September, 1997. BRIDGETT AVER, City Clerk City of Morro ay, California 0 • Department of Parks and Recreation Recording Requested By: u State of California --Official Business Document Entitled to Free Recordation Pursuant to Government Code 6103 Not Subject to California Documentary Stamp Act When Recorded Mail To: Gordon D. McDaniel State Department of Parks and Recreation Post Office Box 942896 Sacramento, California 94296-0001 Space Above For Recorder's Use Twin Bridges Replacement Project Parcel No. A 13 502 MORRO BAY STATE PARK AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT AND GRANT OF EASEMENT is made and entered into by and between the STATE OF CALIFORNIA, acting by and through its DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION, hereinafter called STATE and the CITY OF MORRO BAY, hereinafter called GRANTEE. STATE, pursuant to the provisions of Section 5012 of the Public Resources Code of the State of California, hereby grants unto GRANTEE, its successors and assigns forever, an easement to locate, relocate, construct, reconstruct, alter, use, maintain, inspect, repair, replace and remove a public roadway and bridge, and appurtenances deemed necessary therefor by GRANTEE over, on, under and across that certain real property situated in the City of Morro Bay, County of San Luis Obispo, State of California, as described in the attached E)GMIT "A", consisting of one page, and by this reference made a part thereof. PROVIDED, this Grant of Easement is subject to the following terms and conditions: 1. This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect said property, and the use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. • 2. GRANTEE hereby waives all claims and recourse against the STATE, including the right to contribution, for injury to persons or damage to property arising from, growing out of, or • in any way connected with or incident to this agreement except claims arising from the concurrent or sole negligence of STATE, its officers, agents, and employees. GRANTEE shall indemnify, hold harmless, and defend STATE, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses, or liability costs arising out of this acquisition, development, construction, operation or maintenance of the property described herein which claims, demands, or causes of action arise under Government Code Section 895.2 or otherwise, except for liability arising out of the concurrent or sole negligence of STATE, its officers, agents, or employees. In the event STATE is named as codefendant under the provisions of the Government Code Section 895 et seq., GRANTEE shall notify STATE of such fact and shall represent STATE in such legal action, in which event STATE shall bear its own litigation costs, expenses, and attorney's fees. In the event judgment is entered against STATE and GRANTEE because of concurrent negligence of STATE and GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 3. STATE reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with GRANTEE's rights hereunder. • 4. STATE reserves the right to require GRANTEE, at STATE expense, to remove and relocate all improvements placed by GRANTEE upon said real property, upon determinations by STATE that the same interfere with future development of STATE's property. Within 180 days after STATE's written notice and demand for removal and relocation of the improvements, GRANTEE shall remove and relocate the improvements to a feasible location on the property of STATE, as designated by STATE, and STATE shall furnish GRANTEE with an easement in such new location, on the same terms and conditions as herein stated, all without cost to GRANTEE, and GRANTEE thereupon shall reconvey to STATE the Easement herein granted. 5. This Easement shall terminate in the event GRANTEE fails for a continuous period of 18 months to use the Easement for the purposes herein granted. Upon such termination, GRANTEE shall forthwith upon service of written demand, deliver to STATE, a Quitclaim Deed, to its right, title, and interest hereunder, and shall, on STATE request, without cost to STATE, and within 90 days from written demand by STATE, remove all property placed by or for GRANTEE upon said property and restore said premises as nearly as possible to the same condition they were in prior to the execution of this Easement. In the event GRANTEE should fail to restore the premises in accordance with such 0 • request, STATE may do so at the risk of GRANTEE, and all costs of such removal and restoration shall be paid by GRANTEE upon demand. 6. GRANTEE understands that this Easement is within a State Park, and GRANTEE agrees to abide by the rules and regulations set by the Department of Parks and Recreation, State of California for said Park. 7. GRANTEE shall not cut, trim, or remove any tree without prior approval of STATE. Any tree or slash so cut, trimmed, or removed shall be disposed of in a manner satisfactory to STATE. Dated: STATE OF CALIFORNIA Department of Parks and Recreation • By: CITY OF MORRO BAY By: N N� Mayor CALIFORNIA n u:. ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Sacramento On July 24, 1997 before me, Donna M. MacDonald, a Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC - personally appeared, Patricia J. Megason • personally known tome (or proved tome on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC SIGNATURE f) Donna M. MacDonald O Comm MTT24023 c NOTAgV PUBLIC CALIF . ` SACRAMENTO COUNTY t7 Comm Exp Jan 23, 2001 + (SEAL) tt,: a. f OPTIONAL INFORMATION ,1t TITLE OR TYPE OF DOCUMENT • DATE OF DOCUMENT Agreement and Grant of Easement - Twin Bridges Replacement Project - Parcel No. A13502 not dated SIGNER(S) OTHER THAN NAMED ABOVE NUMBER OF PAGES • EXHIBIT "A" (LEGAL DESCRIPTION) RIGHT-OF-WAY EASEMENT TO BE ACQUIRED BEING A PORTION OF SECTION 31, TOWNSHIP 29 SOUTH, RANGE 11 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 31 AND 32, TOWNSHIP 29 SOUTH, RANGE 11 EAST, MOUNT DIABLO BASE AND MERIDIAN AND SECTIONS 5 AND 6, TOWNSHIP 30 SOUTH, RANGE 11 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE TOWNSHIP LINE BETWEEN SAID SECTIONS 31 AND 6, SOUTH 89047'30" WEST, 450.25 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF MORRO BAY BAYWOOD PARK ROAD (CURRENTLY KNOWN AS SOUTH BAY BOULEVARD) AS DESCRIBED IN THE DEED RECORDED J.ANUARY 7, 1948, IN BOOK 464 OF OFFICIAL RECORDS AT PAGE 261, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING COURSES: 1) NORTH 20049'00" WEST, 335.26 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS 570.00 FEET; 2) THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°08'00" AND AN ARC LENGTH 279.88 FEET; 3) THENCE NORTH 07°19-00- EAST, 194.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY THE FOLLOWING COURSES: 11 NORTH 07019'00" EAST, 773.70 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 570.00 FEET; 2) THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36052'00" • AND AN ARC LENGTH OF 366.76 FEET; 3) THENCE NORTH 44011'00" EAST, 57.78 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 830.00 FEET; 4) THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°42'38" AND AN ARC LENGTH OF 242.07 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE RANCHO SAN BERNARDO AS SHOWN ON A MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN BOOK 1 OF MAPS AT PAGE 6, AND ENTITLED "MAPS OF THE SUBDIVISIONS OF A PART OF THE RANCHO SAN BERNARDO"; THENCE LEAVING SAID RIGHT-OF-WAY ALONG SAID SOUTHWESTERLY LINE SOUTH 62039'30" EAST, 10.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 840.00 FEET, TO WHICH POINT A RADIAL BEARS SQUTH 62-31-43' EAST; THENCE PARALLEL WITH AND 10.00 EASTERLY OF SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING COURSES: 1) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°42.44" AND AN ARC LENGTH OF 245.01 FEET; 2) THENCE SOUTH 44011'00" WEST, 57.78 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 560.00 FEET; 3) THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°52'00" AND AN ARC LENGTH OF 360.33 FEET; 4) THENCE SOUTH 7019'00" WEST, 235.13 FEET; THENCE SOUTH 82041'00" EAST, 10.00 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY OF SAID EASTERLY RIGHT-OF-WAY SOUTH 7019*00" WEST, 498.57 FEET; THENCE NORTH 82°41'00" WEST, 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 18,971 t SQUARE FEET (0.44t ACRES). SEE EXHIBIT'B" ATTACHED HERETO AND MADE A PART HEREOF. "�-� vk,O��C` JOHN R. SANDERS DATE i� EXP• "DD L.S. 5812 EXP. 6/30/2000 Nn. c�812 ,- EXHIBIT 'B' '< • /n,- cV STING R/K, [L4 W4 O.R. PER 267 O c OF� � 41 e C � , OA &=16*42'38' R=830.00' L=242.07' `, � Q 6=36'52'00" p iv; N 82'47'00" R=570.00' o ^ 20.00' W L=366.76' r a' PROPOSED R/W ©=21'02 22" Z R-300.00' L=110.16' EXIST. R/W PER 464 O.R. 261 n=36*52'00" R=560.00' L=360.33' &=28'08'00" EQ A=16'42'44" R=570.00' R=840.00' L=279.88' L=245.01' 0 100' 200' 400' `omi SCALE: 1"=200' RIGHT-OF-WAY EASEMENT TO BE ACQUIRED AREA: 18.971 S.F. (0.44 ACRES) Z ~w> 7295 R 1'1 r 31 32 S 89'47'30' W 450.25' POINT OF COMMENCEMENT ' � J f 3c7��. R 1 1 r • CITY COUNCIL RESOLUTION NO. 66-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1996-97 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day -today 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, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council adopted the original Operating and Capital Improvement Budgets on July 22, 1996 by adoption of Resolution No. 56-96; and WHEREAS, the City Council reviewed the status of the budgets at mid -year and amended the budgets by adopting Resolution No. 11-97; and • WHEREAS, the City Council has reviewed the unaudited results of operations as of June 30, 1997 and finds it necessary and desirable to further amend the budgets for Fiscal Year 1996-97. NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro Bay are amended by modifying appropriations and estimated revenues as shown on the attached summary page, Exhibit A, page 1 of 1. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of September, 1997, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None-- N CATHY NOVAK, Mayor BRID TT BACTER, City Clerk City of Morro Bay - Finance Department • Fiscal Year 1996-97 Supplemental Appropriation City Council Resolution No 66-97 r L Fund No. Fund Name Expenditure Appropriations Amount 202 CDBG 1994 Technical Assistance Grant 14,400 280 Traffic Safety Fund 6,600 299 Parkin In -Lieu Fund 1,800 301 Transit Fund 9,200 311 Water Revenue Fund 263,000 441 Health Insurance Fund 99,600 442 Workers Compensation Fund 149,900 443 Unemployment Fund 10,800 444 Liability Insurance Fund 237,600 445 Fire Insurance Fund 15,600 447 Vehicle Insurance Fund 19,100 550 Mimosa Street Assessment District Fund 2,000 560 Ba shore Bluffs Fund 100 565 North Point Assessment District Fund 800 598 MB-C plant Replacement Fund 2,400 911 Capital Improvement Fund 3,535,000 952 Wastewater Collection Capital Accum Fund 31,700 Total Expenditure Appropriations: 4,399,600 Estimated Revenues 001 General Fund 296,400 270 Water System Fund 300 280 Traffic Safety Fund (8,500 311 Water Revenue Fund 175,000 333 CC1 Slip Fund 3,000 441 Health Insurance Fund (192,000 444 Liability Fund 20,400 447 Vehicle Insurance Fund 1,000 551 Mimosa Street Supplemental A.D. 3,600 560 Ba shore Bluffs A.D. 600 911 Capital Improvement Fund 3,781,500 951 Water Capital Accumulation Fund 79,200 952 Wasterwater Collection Capital Accum Fund 48,300 Total Estimated Revenues: (4,609,800 • Exhibit A Page 1 of 1 RESO6697.WK4 - 09/16/97 - 08:40 AM ATTACHMENT A City of Morro Bay - Finance Department Comparison of Budget to Actual • For Fiscal Year 1996-97 Expenditure Appropriations Fund No. Fund Name Budgeted Expended Balance r t` 001 General Fund 6,484,160 6,464,616 19,544 202 CDBG 1994 Tech Assistance Grant 0 14,391 (14,391 203 CDBG Water Reclamation Study 75,000 21,091 53,909 250 State Gas Tax Fund 191,811 168,526 23,285 280 Traffic Safety Fund 19,000 25,523 (6,523 299 Parking In -Lieu Fund 3,000 4,750 1,750 301 Transit Fund (Dial -A -Ride) 252,918 262,074 (9,156 311 Water Revenue Fund 3,523,328 3,786,280 (262,952 321 Wastewater Collection Revenue Fund 1,046,658 1,015,313 31,345 331 Harbor Operating Fund 986,705 982,050 4,655 333 CC1 Slip Fund 8,000 3,115 4,885 441 Health Insurance Fund 0 99,517 99,517 442 Worker's Compensation 0 149,816 149,816 443 Unemployment Fund 0 10,757 10,757 444 Liability Insurance Fund 01 237,527 (237,527 445 Fire Insurance Fund(Boiler/Flood) 01 15,555 15,555 447 Vehicle Insurance 0 19,094 19,094 511 Tree Replacement Expendable Trust 772 759 13 515 Trust & Agency Fund 3,000 3,000 0 50 MmosaStreetA.D. 19,743 21,674 1,931 51 Miimosa Street Supplemental A.D. 12,800 12,000 800 560 Bayshore Bluffs A.D. 0 25 25 565 North Point A.D. 0 765 765 598 MB-C Plant Replacement Fund 0 2,306 2,306 599 Morro Ba -Ca ucos WWTP Fund 920,857 846,094 74,763 911 Capital Improvement Fund 1,610,345 5,145,334 (3,534,989 952 Wastewater Collection Accum. Fund 0 31,608 31,608 Total All Funds 15,158,097 19,343,560 (4,185,463 • FINL9697.WK4 - 09/15/97 - 10:54 AM ATTACHMENT 6 EXPPRIN2 CITY OF MORRO BAY PAGE 148 09 12/97 15:37:31 EXPENDITURE RECAP REPORT PERIOD 13 1997 DESCRIPTION ADJUSTED PERIOD 13 1996-97 ENCUM03. BALANCE % USED APPROP EXPEND EXPEND 001-2110 CITY COUNCIL 60,019.00 .00 61,97B.24 .00 1,959.24- 103.3 001-3110 CITY ADMINISTRATOR'S OFFICE 173,226.00 1,970.43 181,798.52 .00 8,572.52- 104.9 001-3120 ELECTIONS 11,227.00 .00 11,226.06 .00 .94 100.0 001-3140 PERSONNEL/RISK MANAGEMENT 119,288.00 224.74 128,060.03 .00 8,772.03- 107.4 001-3170 CONMiUNITY PROMOTIONS 48,150.00 .00 47,516.95 .00 633.05 98.7 001-3210 CITY ATTORNEY'S OFFICE 70,000.00 .00 78,520.36 .00 6,520.36- 112.2 001-3510 ACCOUNTING & TREASURY 391,553.00 907.09- 381,597.65 .00 9,955.35 97.5 001-3520 INFORMATION SERVICES 29,660.00 294.99- 32,586.64 .00 2,926.64- 109.9 001-4110 POLICE DEPARTMENT 1,726,911.00 11,475.39 1,776,829.39 .00 49,918.39- 102.9 001-4210 EMERGENCY SERVICES 921,196.00 6,962.38 937,137.72 .00 15,941.72- 101.7 001-4220 FIRE PREVENTION .00 259.02- .00 .00 .00 ••• 001-5110 PLANNING & BUILDING DEPARTMENT 347,511.00 2,797.02- 372,868.81 .00 25,357.81- 107.3 001-5120 C.D.B.G. ADMINISTRATION .00 .00 .00 .00 .00 •`• 001-5130 PLANNING COMMISSION 3,200.00 .00 4,015.83 .00 815.83- 125.5 001-5210 ENGINEERING & ADMINISTRATION 361,950.00 4,963.76- 367,439.89 .00 5,489.89- 101.5 001-5220 VEHICLE MAINTENANCE 124,229.00 3,431.87- 104,697.51 .00 19,531.49 64.3 001-5230 STREET MAINTENANCE 329,288.00 2,006.14- 315,313.68 .00 13,974.32 95.8 001-5265 TROLLEY 18,400.00 99.21 10,550.B5 .00 7,849.15 57.3 001-5270 CURBSIDE RECYCLING 87,108.00 .00 79,666.50 .00 7,441.50 91.5 110 R & P ADMINISTRATION 135,072.00 802.50 145,795.13 .00 10,723.13- 107.9 120 RECREATION COMMISSION 125.00 .00 173.10 .00 48.10- 138.5 001-6130 R & P SPORTS 157,750.00 19.35 166,836.82 .00 9,086.82- 105.8 001-6140 YOUTH SERVICES 131,958.00 544.89 135,534.17 .00 3,576.17- 102.7 001-6150 R & P CITY FACILITIES 433,005.00 4,689.35- 431,184.80 .00 1,820.20 99.6 001-6160 R & P PARKS 265,239.00 318.92- 327,464.66 .00 62,225.66- 123.5 001-6510 HARBOR DEPARTMENT .00 .00 .00 .00 .00 ••• 001-7110 RISK MANAGEMENT/INSURANCE .00 .00 .00 .00 .00 ••• 001-7210 CITY FACILITIES 33,500.00 841.95- 28,032.42 .00 5,467.58 83.7 001-7220 UTILITIES 71,400.00 .00 61,409.19 .00 9,990.81 86.0 001-7230 CONTRACT SERVICES 93,750.00 .00 100,686.68 .00 6,936.68- 107.4 001-7240 STREET LIGHTING 67,737.00 .00 73,759.12 .00 6,022.12- 108.9 001-7310 AID TO AGENCIES 9,000.00 .00 9,000.00 .00 .00 100.0 001-7710 INTERFUND TRANSACTIONS 262,708.00 .00 92,935.00 .00 169,773.00 35.4 • GENERAL FUND 6,484,160.00 1,588.78 6,464,615.72 .00 19,544.28 99.7 202-5120 C.D.B.G. ADMINISTRATION .00 .00 14,390.23 .00 14,390.23- ••• 203-5120 C.D.B.G. ADMINISTRATION 75,000.00 19,067.23 21,090.50 .00 53,909.50 28.1 250-1111 UNDISTRIBUTED NON -DEPARTMENTAL 191,811.00 31,858.40 155,113.08 .00 36,697.92 60.9 250-5230 STREET MAINTENANCE .00 .00 .00 .00 .00 250-7710 INTERFUND TRANSACTIONS .00 .00 13,413.29 .00 13,413.29- ••• • STATE GAS TAX FUND 191,811.00 31,858.40 168,526.37 .00 23,284.63 87.9 201111 UNDISTRIBUTED NON -DEPARTMENTAL 19,000.00 4,229.11 25,522.91 .00 6,522.91- 134.3 281-4120 O.T.S. .00 .00 .00 .00 .00 ••• EXPPRIN2 CITY OF MORRO BAY PAGE 149 09 2/97 15:37:31 EXPENDITURE RECAP REPORT PERIOD 13 1997 DESCRIPTION ADJUSTED PERIOD 13 1996-97 ENCUMB. BALANCE t USED APPROP EXPEND EXPEND 299-1111 UNDISTRIBUTED NON -DEPARTMENTAL .00 .00 .00 .00 .00 ••• 299-7230 CONTRACT SERVICES 3,000.00 .00 4,750.00 .00 1,750.00- 158.3 • PARKING IN -LIEU FUND 3,000.00 .00 4,750.00 .00 1,750.00- 158.3 301-5261 DIAL - A - RIDE 232,589.00 .00 244,216.39 .00 11,627.39- 105.0 301-5262 BIKEWAY PATHS 15,000.00 B4B.25- 12,529.10 .00 2,470.90 83.5 301-5265 TROLLEY .00 99.21- .00 .00 .00 ••• 301-7710 INTERFUND TRANSACTIONS 5,329.00 .00 5,329.00 .00 .00 100.0 • TRANSIT FUND 252,918.00 947.46- 262,074.49 .00 9,156.49- 103.6 311-3510 ACCOUNTING 6 TREASURY 10,000.00 .00 11,308.03 .00 1,308.03- 113.1 311-5240 WATER 3,513,328.00 1,927.31- 3,774,971.85 .00 261,643.85- 107.4 311-7110 RISK MANAGEMENT/INSURANCE .00 .00 .00 .00 .00 ••• 311-7710 INTERFUND TRANSACTIONS .00 .00 .00 .00 .00 ••• • WATER REVENUE FUND 3,523,328.00 1,927.31- 3,786,279.88 .00 262,951.88- 107.5 510 ACCOUNTING & TREASURY 10,000.00 .00 10,412.94 .00 412.94- 104.1 251 WASTEWATER COLLECTION 1,036,658.00 429,118.54 1,004,899.86 .00 31,758.14 96.9 321-7710 INTERFUND TRANSACTIONS .00 .00 .00 .00 .00 ••• • WASTEWATER COLLECTION REV FUND 1,046,658.00 429,118.54 1,015,312.80 .00 31,345.20 97.0 331-6510 HARBOR DEPARTMENT 866,705.00 1,416.77- 855,671.06 .00 11,033.94 98.7 331-7510 DEBT SERVICE 120,000.00 .00 126,379.00 .00 6,379.00- 105.3 331-7710 INTERFUND TRANSACTIONS .00 .00 .00 .00 .00 ••• • HARBOR OPERATING FUND 986,705.00 1,416.77- 982,050.06 .00 4,654.94 99.5 332-6510 HARBOR DEPARTMENT .00 .00 .00 .00 .00 ••• 333-1111 UNDISTRIBUTED NON -DEPARTMENTAL 4,000.00 .00 3,115.00 .00 885.00 77.9 333-6510 HARBOR DEPARTMENT 4,000.00 .00 .00 .00 4,000.00 0.0 • CC1 SLIP FUND 81000.00 .00 3,115.00 .00 4,885.00 38.9 441-7110 RISK MANAGEMENT/INSURANCE .00 277,174.13- 99,517.33 .00 99,517.33- ••• 441-7710 INTERFUND TRANSACTIONS .00 .00 .00 .00 .00 ••• • HEALTH n DENTAL RESERVE FUND .00 277,174.13- 99,517.33 .00 99,517.33- ••• 442-7110 RISK MANAGEMENT/INSURANCE .00 .00 149,816.00 .00 149,816.00- ••• 110 0 RISK MANAGEMENT/INSURANCE .00 .00 10,757.00 .00 10,757.00- •`• 444-5240 WATER .00 .00 .00 .00 .00 ••• EXPPRIN2 CITY OF MORRO BAY PAGE 150 09 12/97 15:37:31 EXPENDITURE RECAP REPORT PERIOD 13 1997 DESCRIPTION ADJUSTED PERIOD 13 1996-97 ENCUMB. BALANCE ► USED APPROP EXPEND EXPEND 444-7110 RISK MANAGEMENT/INSURANCE .00 2B,100.00 237,527.39 .00 237,527.39- `•• • LIABILITY RESERVE FUND .00 2B,100.00 237,527.39 .00 237,527.39- •" 445-7110 RISK MANAGEMENT/INSURANCE .00 .00 15,555.00 .00 15,555.00- "• 447-7110 RISK MANAGEMENT/INSURANCE .00 .00 19,094.00 .00 19,094.00- "• 511-5230 STREET MAINTENANCE 772.00 .00 759.37 .00 12.63 98.4 515-7710 INTERFUND TRANSACTIONS 3,000.00 .00 3,000.00 .00 .00 100.0 550-1111 UNDISTRIBUTED NON -DEPARTMENTAL 19,743.00 .00 .00 .00 19,743.00 0.0 550-7230 CONTRACT SERVICES .00 .00 3,381.79 .00 3,3B1.79- •`• 550-7510 DEBT SERVICE .00 .00 18,292.50 .00 18,292.50- •" • MIMOSA ST AD REDEMPTION FUND 19,743.00 .00 21,674.29 .00 1,931.29- 109.8 551-1111 UNDISTRIBUTED NON -DEPARTMENTAL 12,800.00 .00 .00 .00 12,800.00 0.0 �510 DEBT SERVICE .00 .00 12,000.00 .00 12,000.00- "• ' MIMOSA ST SUPP AD REDEMP FUND 12,800.00 .00 12,000.00 .00 800.00 93.8 560-6160 R S P PARKS .00 .00 24.91 .00 24.91- •`• 560-6161 BAYSHORE PARK MAINT. ASSESS .00 .00 .00 .00 .00 " • 13AYSHORE BLUFFS MAINT. A.D. .00 .00 24.91 .00 24.91- ••• 565-6160 R 6 P PARKS .00 655.25 764.75 .00 764.75- •'• 598-1111 UNDISTRIBUTED NON -DEPARTMENTAL .00 .00 2,306.16 .00 2,306.16- "• 599-5255 WASTEWATER TREATMENT 920,857.00 13,678.28- 846,093.81 .00 74,763.19 91.9 599-7710 INTERFUND TRANSACTIONS .00 .00 .00 .00 .00 - • MB-C WASTEWATER TREATMENT PLAN 920,857.00 13,678.28- 846,093.81 .00 74,763.19 91.9 902-7510 DEBT SERVICE .00 .00 .00 .00 .00 •'• 904-5110 PLANNING 6 BUILDING DEPARTMENT .00 .00 .00 .00 .00 '•' 905-6510 HARBOR DEPARTMENT .00 .00 .00 .00 .00 ••` 911-7710 INTERFUND TRANSACTIONS .00 .00 .00 .00 .00 •'• ROLLER HOCKEY STRUCTURE .00 .00 .00 .00 .00 502 ENERGY RETROFIT PROJECT .00 .00 .00 .00 .00 90501 9503 BASKETBALL COURT .00 .00 .00 .00 .00 •" 911-9504 MISC DOCK REPAIR/DERELICT VESS 24,956.00 .00 27,367.77 .00 2,411.77- 109.7 EXPPRIN2 CITY OF MORRO BAY PAGE 151 09 12/97 15:37:31 EXPENDITURE RECAP REPORT PERIOD 13 1997 DESCRIPTION ADJUSTED PERIOD 13 1996-97 ENCUME. BALANCE % USED APPROP EXPEND EXPEND 911-9505 INTERIOR HARBOR DREDGING 175,987.00 .00 6,508.40 .00 169,478.60 3.7 911-9506 HARBOR PUBLIC BENCH/BIKE PATH 11,888.00 .00 9,569.26 .00 2,318.74 80.5 911-9507 TIDELANDS/DUNES DOCK RECONST .00 .00 27,123.26 .00 27,123.26- "• 911-9508 VETERANS-BLDG.IMPROVEMENTS .00 .00 .00 .00 .00 ••• 911-9601 FINANCIAL SOFTWARE REPLACEMENT 29,999.00 .00 29,999.00 .00 .00 100.0 911-9602 KINGS TANK ACQUISITION PROJECT 590,452.00 .00 479,853.10 .00 110,598.90 81.3 911-9603 WATER EQUIPMENT REPLACEMENT 32,000.00 .00 .00 .00 32,000.00 0.0 911-9604 WATER MASTER PLAN 25,000.00 .00 14,126.14 .00 10,873.86 56.5 911-9605 DISINFECTION FACILITY 96,727.00 .00 15,250.00 .00 81,477.00 15.8 911-9606 CONSTRUCT HYDRO BUILDING 49,000.00 .00 .00 .00 49,000.00 0.0 911-9607 HARBOR ENTRANCE IMPROVEMENT 28,088.00 .00 1,993.14 .00 26,094.86 7.1 911-9608 TIDELANDS PARK PHASE III 253,163.00 .00 280,995.94 .00 27,832.94- 111.0 911-9610 INTERIOR HABOR DREDGING .00 .00 144.00 .00 144.00- '•` 911-9611 COLEMAN DR BOAT LAUNCH RAMP .00 .00 3,259.75 .00 3,259.75- "' 911-9612 HARBOR FRONT PARKING LOT .00 .00 102.90 .00 102.90- "' 911-9615 SEAFOOD PROCESSING PLANT 12,000.00 .00 .00 .00 12,000.00 0.0 911-9622 STREET REPAIR/OVERLAY .00 .00 .00 .00 .00 "" 911-9623 PAINT ST. LEGENDS & STRIPING 9,001.00 .00 .00 .00 9,aol.00 0.0 911-9634 MORRO CREEK REPLACEMENT PROJ .00 41,042.26- 3,312,484.82 .00 3,312,484.82- ••• 635 SOUTH BAY BLVD. PROJECT .00 9,849.84- 533,565.33 .00 533,565.33- ••` 636 PRESSURE REDUCING VALVE 10,018.00 .00 1,857.53 .00 8,160.47 18.5 911-9637 WASTE WATER RECLAIMATION 19,537.00 19,067.23- .00 .00 19,537.00 0.0 911-9638 WATER ALLOCATION MODEL 8,800.00 4,130.50 4,980.50 .00 3,819.50 56.6 911-9701 SOUTH BAY BLVD. PHASE II 5,329.00 24,206.92- 254,727.21 .00 249,398.21- 999.9, 911-9702 DESIGN/FEAS/COM4.FISHING SLIPS 9,000.00 .00 .00 .00 9,000.00 0.0 911-9703 ASHURST WELL FIELD STUDY 7,000.00 .00 .00 .00 7,000.00 0.0 911-9704 CHORRO CREEK STREAM GAUGES 45,000.00 .00 .00 .00 45,000.00 0.0 911-9705 EMERGENCY GENERATOR 25,000.00 .00 .00 .00 25,000.00 0.0 911-9706 CATHODIC PROT. STORAGAE TANKS 12,400.00 .00 .00 .00 12,400.00 0.0 911-9707 RECOAT BLACK HILL TANK 60,000.00 .00 6,919.48 .00 53,080.52 11.5 911-9708 CITYWIDE COMPUTER PHASE II 70,000.00 .00 58,559.63 .00 11,440.37 83.7 911-9710 WASTE WATER REVENUE STUDY .00 .00 .00 .00 .00 •`• 911-9823 R/UDAT PROJECT .00 .00 .00 .00 .00 ••• 911-9624 STATE PARK ROAD PROJECT .00 75,099.02 75,099.02 .00 75,099.02- •'" 911-9825 MAIN STREET BIKEPATH .00 848.25 848.25 .00 848.25- •" • CAPITAL IMPROVEMENT PROJECT FD 1,610,345.00 14,088.48- 5,145,334.43 .00 3,534,989.43- 319.5 931-5120 C.D.B.G. ADMINISTRATION .00 .00 .00 .00 .00 ••` 933-5120 C.D.B.G. ADMINISTRATION .00 .00 .00 .00 .00 ••• 951-5240 WATER .00 .00 .00 .00 .00 ••• 957710 INTERFUND TRANSACTIONS .00 .00 31,608.00 .00 31,608.00- ••• 9 -6510 HARBOR DEPARTMENT .00 .OD .00 .00 .00 '•• 953-7710 INTERFUND TRANSACTIONS .00 .00 .00 .00 .00 `•• • HARBOR CAPITAL ACCUM FUND .00 .00 .00 .00 .00 "' GRAND TOTALS 15,158,097.00 205,384.88 19,343,560.40 .00 4,185,463.40- 127.6 • • ATTACHMENT C City of Morro Bay - Finance Department Comparison of Budget to Actual • For Fiscal Year 1996-97 Estimated Revenues Fund No. Fund Name Revenue Revenue Estimated Received Balance 001 General Fund 6,334,603 6,630,997 296,394 115 Trolley Fund 5,300 0 5,300 203 CDBG 1995 Water Reclamation 75,000 18,451 56,549 250 State Gas Tax Fund 191,812 168,526 23,286 270 Water System Fund 0 221 221 280 Traffic Safety Fund 19,000 27,491 8,491 299 Parking In Lieu Fund 700 293 407 301 Transit Fund (Dial -A -Ride) 252,918 242,334 10,584 311 Water Revenue Fund 3,549,181 3,724,159 174,978 321 Wastewater Collection Revenue Fund 955,000 861,317 93,683 331 Harbor Operating Fund 993,075 938,738 54,337 333 CC1 Slip Fund 8,000 10,975 (2,975 441 Health Insurance Fund 01 191,908 191,908 442 Workers Compensation Fund 148,461 7,582 140,879 443 Unemployment Fund 51,514 19,875 31,639 444 Liability Fund 244,501 264,843 20,342 445 Fire Insurance Fund (Boiler/Flood) 17,181 17,181 0 447 Vehicle Insurance Fund 12,600 13,564 964 511 Tree Replacement Fund 200 100 100 15 Trust & Agency Fund 3,000 3,000 0 50 Mimosa Street A.D. 19,7431 18,823 920 551 Mimosa Street Supplemental A.D. 12,800 16,323 3,523 560 Bayshore Bluff A.D. 0 561 (561 599 Morro Bay-Cayucos WWTP Fund 908,195 866,319 41,876 903 Tidelands Park State Consery 70,000 0 70,000 905 Boating & Waterways/S.T-Pier Fund 30,000 0 30,000 911 Capital Improvement Fund 268,729 4,050,217 3,781,488 951 Water Capital Accumulation Fund 35,000 114,146 79,146 952 Wastewater Collection Accum Fund 50,000 98,206 48,206 Total All Funds 14,256,513 18,306,150 4,049,637 • FINR9697.WK4 - 09/15/97 - 10:57 AM ATTACHMENT D City of Morro Bay - Finance Department Comparison of Budget to Actual • For Fiscal Year 1996-97 Actual Revenue vs Actual Expenditures Fund No. Fund Name Actual Actual Surplus/ Revenue Expended (DEFICIT). 001 General Fund 6,630,997 6,464,616 166,381 202 CDBG 1994 Tech Assistance Grant 0 14,391 (14,391 203 CDBG Water Reclamation Study 18,451 21,091 2,640 250 State Gas Tax Fund 168,526 168,526 0 270 Water System Fund 221 0 221 280 Traffic Safety Fund 27,491 25,523 1,968 299 Parking In -Lieu Fund 293 4,750 (4,457 301 Transit Fund (Dial -A -Ride) 242,334 262,074 19,740 311 Water Revenue Fund 3,724,159 3,786,280 (62,121 321 Wastewater Collection Revenue Fund 861,317 1,015,313 153,996 331 Harbor Operating Fund 938,738 982,050 (43,312 333 CC1 Slip Fund 10,975 3,115 7,860 441 Health Insurance Fund 191,908 99,517 92,391 442 Worker's Compensation 7,582 149,816 142,234 443 Unemployment Fund 19,875 10,757 9,118 444 Liability Insurance Fund 264,843 237,527 27,316 445 Fire Insurance Fund(Boiler/Flood) 17,181 15,555 1,626 447 Vehicle Insurance 13,564 19,094 (5,530 511 Tree Replacement Expendable Trust 100 759 (659 15 Trust & Agency Fund 3,000 3,000 0 50 Mimosa Street A.D. 18,823 21,674 (2,851 551 Mimosa Street Supplemental A.D. 16,323 12,000 4,323 560 Bayshore Bluffs A.D. 561 25 536 565 North Point A.D. 0 765 765 598 MB-C Plant Replacement Fund 0 2,306 2,306 599 Morro Bay-Cayucos WWTP Fund 866,319 846,094 20,225 911 Capital Improvement Fund 4,050,217 5,145,334 1,095,117 951 Water Capital Accumulation Fund 114,146 0 114,146 952 Wastewater Collection Accum Fund 98,2061 31,608 66,598 Total All Funds 18,306,150 119,343,560 1,037,410 E FINC9697.WK4 - 09/15/97 - 11:03 AM ATTACHMENT E City of Morro Bay - Finance Department • April, 1997 Budget Reductions Requested By City Manager Department Name Amount Amount Exceeded Exceeded Amount Cut Rev Bud W/o City Council 2,000 City Managers Office 4,000 Elections 773 Personnel/Risk Management 500 Community Promotions 2,000 City Attorney 10,000 City Manager Sub -Total: 19,273 27,190 (7,917 Finance Department 6,000 Finance Sub -Total: 6,000 (7,029) 13,029 Planning & Building 10,000 P & B Department Sub -Total: 10,000 26,173 (16,173 Police 7,000 Police Department Sub -Total: 7,000 49,918 42,918 ire 21,000 Fire Department Sub -Total: 21,000 15,942 5,058 Engineering & Administration 4,500 Vehicle Maintenance 4,396 Streets 6,600 Public Works Department Sub -Total: 16,496 43,307 58,803 Recreation Administration 6,800 Youth Services 700 Facilities 1,000 Recreation & Parks Dept Sub -Total: 8,500 83,840 76,340 Non -Departmental 7,500 Non -Departmental Sub -Total: 1 7,500 172,2 31 179,773 Total April, 1997 Cuts: 94,769 (19,546 114,315 • APR97CUT.WK4 - 09/16/97 - 07:12 AM 9111, CITY COUNCIL RESOLUTION NO. 65-97 A RESOLUTION OF THE MORRO BAY CITY COUNCIL APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BE IT RESOLVED by the City Council of the City of Morro Bay as follows: SECTION 1. At a Public Hearing on August 25, 1997, the City Council reviewed an application for up to: $35,000 for the Water Reclamation Feasibility Study - Phase II SECTION 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. SECTION 3. The City Council hereby approves the use of water revenue funds in the amount of $10,250 to be used as the City's Cash Match for this project. SECTION 4. The City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. • SECTION 5. If the application is approved, the City Manager is authorized to enter into and sign the grant agreement with the State of California for the purposes of this grant. I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced and adopted by the Council of the City of Morro Bay, County of San Luis Obispo, State of California, on the 25th day of August, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my and affixed the official seal of said City this 25th day of August, 1997. c �N CATHY VAK, Mayor ATTEST: BRIDGETT tUER, City Clerk WRESOLUTION NO.64-97 APPROVAL OF AMENDMENT TO WATER RIGHTS AGREEMENT DATED AUGUST 10, 1982 BETWEEN ROANDOAK OF GOD AND THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Delmar Roy Ashurst and the Roandoak of God Corporation own property in Chorro Flats with a water well that has historically been used by the City of Morro Bay for drinking water supply; and, WHEREAS, the City of Morro Bay and Delmar Roy Ashurst of Roandoak of God entered into a water rights agreement dated August 10, 1982; and, WHEREAS, said agreement allows the City to draw water from the well in perpetuity in exchange for a number of considerations, including Roandoak's free use of one City slip and six moorings in the Harbor; and, WHEREAS, the City and Roandoak of God have executed an amendment to the agreement attached hereto and incorporated herein by reference to pay Roandoak of God $3,000.00 to give up the right to use one City slip; and, WHEREAS, all other terms and conditions of the existing agreement dated August 10, 1982 including, but not limited to, the City's right to draw unlimited water from the well in perpetuity and Roandoak's right to Ose 6 moorings at no cost shall remain in full force and effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the amendment to the water rights agreement, attached hereto, is hereby approved; BE IT FURTHER RESOLVED that the City of Morro Bay shall pay Mr. Ashurst $3,000.00 within 14 days of City Council execution of said agreement and Roandoak shall give up all right, title, interest or assignment of the City slip previously used by Roandoak of God. The Finance Director is authorized to pay said expenditure from the Water Fund and prepare a budget amendment to include appropriation for $3,000.00 in the FY97-98 mid -year budget review. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25`h day of August, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None Z tv./ ' CATHY NO , MAYOR �i�RIDGETT AUER, CITY CLERK AMENDMENT TO AGREEMENT This amendment to the agreement dated August 10, 1982 by and between the City of Morro Bay, a Municipal Corporation, hereinafter referred to as CITY, and Delmar Roy Ashurst, hereinafter referred to as ASHURST, and, ROANDOAK OF GOD, A CORPO TIRtj, ON SQLB, hereinafter referred to as ROANDOAK, is entered into on this OG day of 1997. WHEREAS, the CITY and ASHURST and ROANDOAK has entered into an agreement dated August 10, 1982 (hereinafter called the "AGREEMENT") whereby the CITY purchased perpetual right to remove water from the property described on Exhibit A of the AGREEMENT, and; WHEREAS, part of the consideration of the AGREEMENT was that ROANDOAK would receive use of 6 CITY moorings and I CITY slip, and; WHEREAS, ASHURST AND ROANDOAK no longer desire use of the CITY slip and the parties hereto now wish to amend the agreement as follows: 1. ROANDOAK AND ASHURST shall relinquish up and forego all rights, title and interest in the one (1) slip and shall transfer all of said rights, title and interest in the one (1) slip to the CITY effective upon City Council approval and execution of this agreement. In consideration of ROANDOAK's and ASHURST's transfer of all rights, title and interest in the one (1), slip to CITY, CITY shall pay ROANDOAK the sum of $3,000.00. 2. This amendment to the AGREEMENT shall amend only the terms of paragraph 4 of said AGREEMENT. This amendment shall not be construed to amend any term of said AGREEMENT except for the terms contained in paragraph 4 of said AGREEMENT. All other terms of said agreement, including the CITY's existing perpetual right to remove water from the property, shall remain in full force and effect. • In witness whereof, the parties hereto execute the amendment to the AGREEMENT. CITY OF MORRO BAY C CATHY NCFYAK MAYOR ATTEST BRIDGET-qAUElt, CITY CLERK APPROVED AS TO FORM DAVID HUNT. CITY ATTORNEY G —,L ✓W 1, DELMAR ROY ASH ST ROANDOAK OF GOD A CORPORATION SOLE IPA" DELMAR ROY ASHURST, PRESIDING APOSTLE OF ROANDOAK OF GOD, A CORPORATION SOLE OFFICE OF THE PRESIDING APOSTLE OF ROANDOAK OF GOD, A (� CORPORATION SOLE A, , ^ n' DELMAR ROY ASHURST, PRESIDING APOSTLE AM 8 I, , 0 RESOLUTION NO.63-97 APPROVAL OF ASSIGNMENT OF LEASE SITE 87-88/87W-88W FROM RALPH AND SHIRLEY GUNTHER TO GEORGE LEAGE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 87-88/87W-88W; and, WHEREAS, Ralph and Shirley Gunther are the current lessees of said lease site; and, WHEREAS, Ralph and Shirley Gunther have requested approval of the assignment of said leases to George Leage; and, WHEREAS, the lease agreement requires City Council approval of any assignment of the Lease agreement; and, WHEREAS, Mr. George Leage has submitted financial documents and background information; and, WHEREAS, attorneys for the City and the assignors are working out details regarding existing default issues on said Lease Site and assignee will agree to resolve the current defaults as outlined in the final assignment and assumption document; and, WHEREAS, the City can not arbitrarily withhold approval of lease assignments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council consents to the assignments of Lease Site 87-88/87W-88W to George Leage subject to and contingent upon closure of escrow for the purchase of the lease hold estate and execution and receipt of assignment documents meeting the approval of the City Attorney by September, 25, 1997. BE IT FURTHER RESOLVED, that failure to meet with any of the above conditions within the time and manner as specified will serve to nullify this approval of assignment by this Resolution of the City Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 251h day of August 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOVA , MAYOR BRIDGETT 141JER, CITY CLERK 9 • GEORGE W. LEAGE 214 Beach Street Morro Bay, CA 93442 8051772-4178 CITY OF MORRO -BAY RICK. ALGERT HARBOR DIRECTOR 1275 EMBARCADERO MORRO BAY, CA. 93442 lij_\ � AUG i ° .__..... AUGUST 12, 1997 RE: PROPOSED ASSIGNMENT/ASSUMPTION OF LEASE SITE 87-88/87W-88W DEAR RICK, I AM PROPOSING TO PURCHASE BOB'S SEAFOOD RESTAURANT, LEASE SITES tt87-88/87W-88W, FROM RALPH AND SHIRLEY GUNTHER. I AM THE OWNER/OPERATOR OF THE HARBOR HUT RESTAURANT ON THE WATERFRONT AT 1205 EMBARCADERO. I HAVE BEEN THE OWNER FOR THE LAST TWENTY YEARS. THE HARBOR HUT REMAINS ONE OF THE FINEST RESTAURANTS ON THE CENTRAL COAST BECAUSE OF ITS OUT- STANDING REPUTATION FOR QUALITY AND ATMOSPHERE. IN ADDITION, I OWN TWO-THIRDS PARTNERSHIP INTEREST IN A SUCCESSFUL, -FULL -SERVICE RESTAURANT, THE GREAT AMERICAN FISH COMPANY, LOCATED AT 1185 EMBARCADERO. THE GREAT AMERICAN FISH COMPANY WAS PURCHASED IN 1980, AND HAS SIXTY EMPLOYEES INCLUDING JAMES LEAGE AS GENERAL MANAGER. IN REGARD TO THE REQUESTED SUBMISSION OF COMPLETE CUP/BUILDING APPLICATION FOR STAIRWAY REPAIRS WAS REQUISITIONED BY RALPH GUNTHER. IT WILL BE COMPLETED UNDER MY SUPERVISION WITHIN THE ALLOTED TIME. ALL ACCOUNTING RECORDS (INCLUDING MAINTAINING SEPARATE BOOKS AND RECORDS FOR EACH OPERATION AND DETAILED CASH REGISTER TAPE SHOWING EACH TRANSACTION) WILL BE KEPT ON A DAILY BASIS. THANK YOU FOR ACKNOWLEDGING OUR FULFILLMENT OF OUR OBLIGATIONS IN THE LEASE AGREEMENTS FOR THE HARBOR HUT RESTAURANT AND THE GREAT AMERI- CAN FISH COMPANY. OUR BANKRUPTCY PLAN HAS BEEN ACCEPTED AND IS CURRENT. I AM ENCLOSING COPIES OF FINANCIAL REPORTS FOR THE HARBOR HUT RESTAURANT AND THE GREAT AMERICAN FISH COMPANY. IF I CAN BE OF ANY FURTHER ASSISTANCE IN THIS MATTER, PLEASE DO NOT HESITATE TO CONTACT ME. YOUR TRULY, . GEORG W. LEAGE GWL:tb l ENC. l City of Morro Bay HARBOR DEPARTMENT • 1275 EMBARCADERO, MORRO BAY, CALIFORNIA 93442 • 805-772-6254 APPLICATION APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENTS To be completed and returned to the Harbor Office for processing. !o I LEASE SITE #: Ta2 VU) Ralph Gunther Lessee (please print) P.O. Box 819 Wiling Address Morro Bay.Ca 93442 Citv State Zip APPLICATION FEE: Bob's Seafood Business Name Telephone REQUEST: Briefly describe the specific nature of the approval requested. Request leases to be t pplicant's Signature L SEE REVERSE Date The City of Morro Bav is dedicated to the preservation and enhancement of our quality of life. and strives to ;ro'.:ce =----:i-level'oY mti�r TCipal service and safety consistent with and responsive to the needs of the MIDI,(. • RESOLUTION NO. 62-97 RESOLUTION AUTHORIZING GRANT APPLICATION FOR YERBA BUENA/ HIGHWAY 1 TRAFFIC SIGNAL PROJECT LOCAL COST SHARE THROUGH A HAZARD ELIMINATION SAFETY PROGRAM GRANT the City Council, City of Morro Bay, California WHEREAS, the installation of a traffic signal and appurtenant works at the intersection of State Highway 1 and Yerba Buena Street in the City of Morro Bay has been determined to be of the highest priority for public safety; and WHEREAS, said intersection is under the jurisdiction of both the City of Morro Bay and the State of California; and WHEREAS, the State of California Department of Transportation (CalTrans) and the City of Morro Bay have entered into a Cooperative Agreement (#05-CA-0067) to construct and maintain said signal Project (Project No. 05-250-449100) with cost -sharing provisions; and WHEREAS, CalTrans has funds allocated for it's pro rata share of Project costs and said Project is scheduled for construction in the current fiscal year; and WHEREAS, the City of Morro Bay's financial constraints are such that it is not capable of providing funding for it's up to estimated $95,700 share of Project costs from it's own resources; and WHEREAS, the Surface Transportation Assistance Act of 1982 created the Hazard • Elimination Safety (HES) Program, through which funding for the Project's local share may be granted; and WHEREAS, it is in the best interests of public health and safety to submit a grant application in a timely manner. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, that the submittal of the application for HES Program funding for the Highway 1/Yerba Buena Street Signalization Project is hereby authorized; and BE IT FURTHER RESOLVED, the Director of Public Works is hereby authorized and directed to prepare and submit any and all documents necessary to reflect this action. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 25th day of August, 1997 by the following vote: AYES: NOES: ABSENT: ATTEST: Anderson, Elliott, Peirce, Peters, Novak None None BKIDGETT'R City Clerk CATHY N AK, Mayor EXHIBIT 9-D Local Assistance Program Guidelines HES Work Type Improvement HES WORK TYPE IMPROVEMENT Work Type Category: TRAFFIC SIGNALIZATION/CHANNELIZATION Applicant: CityorCounty of. MORRO BAY (STATE COOPERATIVE AGREEMENT #05—CA-0067) Project Location: (attach location map) STATE HIGHWAY I AT YERBA BUENA STREET Describe Safety Problem to be Corrected: PEDESTRIAN CROSSING ACCIDENTS AND VEHICLE BROADSIDE COLLISIONS Describe Proposed Im Project Cost ($1,000) NOTE: COSTS ARE LOCAL Construction $ 66 000 SHARE ONLY. Preliminary Engineering $ Construction Engineering $ i5,64U Totals $ 95,700 Posted Number or Accidents (last 3 years) ADT Speed Limit • Fatal I Major Direction � Injury Minor Minor Direction PDO Was Project Selection Based on a Safety Management System? Yes or No If not, explain how the project was chosen: CITY; MEETS SIGNAL WARRAN- Proposed Award Date: 3/I/98 Is Right of Way Acquisition Required? Yes or No Are Any Environmental Problems Anticipated? Yes or No. • AL ACCESS,I Prepared By: WILLIAM T. BOucHER, DIRECTOR OF PUBLIC WOR Telephone: M52 -// Page 9-16 July 9. 1997 • RESOLUTION NO.60-97 A RESOLUTION AWARDING CONTRACT FOR A STUDY TO ASSESS SUSTAINABLE SERVICE AND FUNDING ALTERNATIVES FOR TRANSIT SERVICE IN MORRO BAY TO JAMES E. BROWN & ASSOCIATES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has identified a need to prepare an assessment study of sustainable transit service and funding options in Morro Bay; and WHEREAS, Government Code Section 37103 authorizes City to engage specially trained and experienced persons or firms for special services and advice; and WHEREAS, the City solicited proposals for an assessment study of sustainable transit service and funding options in Morro Bay; and WHEREAS, four proposals were received by the submittal deadline of 5:00 p.m., July 25, 1997; and • WHEREAS, said proposals have been reviewed and James E. Brown & Associates has been determined to be the most responsible and responsive proposer. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay the award of the Contract for a Study to Assess Sustainable Service and Funding Alternatives for Transit Service in Morro Bay to James E. Brown & Associates. BE IT FURTHERED RESOLVED, the Public Works Department is hereby directed to prepare the Contract for a Study to Assess Sustainable Service and Funding Alternatives for Transit Service in Mono Bay for final approval by Council. PASSED AND ADOPTED, by the City of Mono Bay at a regular meeting thereof held on the 25th day of August, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None 1 I. N � • CATHY NO AK, Mayor ATTEST: BRIDGET AUER City Clerk City of Morro Bay I� PUBLIC WORKS DEPARTMENT • 695 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 • 805-772-6261 n U n U REQUEST FOR PROPOSALS NO. PW97-02 Phase I - Study to Assess Sustainable Service and Funding Alternatives for Transit Service in Morro Bay July 1997 CON-rRACTING AGENCY: City of Morro Bay Department of Public Works 695 Harbor Street Morro Bay, CA 93442 GENERAL PROJECT DESCRIPTION: The selected consultant is to perform an assessment of sustainable service and funding alternatives for transit service within the City limits. The study will evaluate options for reducing service costs, which would include the possibility of consolidation of or sharing functions with South Bay Dial -A - Ride (SBDAR), in addition to evaluating alternate options for transit service other than the current Morro Bay Dial -A -Ride system (MBDAR), including a no project option. All proposals received will be reviewed by Department of Public Works Staff and a selection committee. General inquiries should be directed to the Public Works Administrative Assistant, Janeen Burlingame, at (805) 772-6261. CONSULTANT BUDGET: PROTECT COMPLETION DATE: CONTACT PERSON: $10,000 Friday, July 25, 1997 by 5:00 p.m. August 25, 1997 December 31, 1997 Janeen Burlingame, Administrative Assistant City of Mono Bay Public Works 695 Harbor Street Morro Bay, CA 93442 (805) 772-6261 The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. • I. OVERVIEW The City of Morro Bay Public Works Department invites your fine to submit a proposal to perform a study to assess sustainable service and funding options for transit service in Morro Bay. The goal of the study is to evaluate options for reducing transit service costs, in addition to evaluating alternate options for transit service other than the current MBDAR system. The -consultant will be responsible for all data collection, compilation and analysis. In addition, the consultant will maize recommendations to the City as to which alternate transit service options would he feasible to implement based on the criteria described in Section III Scope of Work The City Council is scheduled to award the consulting contract at its August 25, 1997 meeting. The consulting agreement will he signed by August 31, 1997 with work commencing September 1, 1997 and concluding no later than December 31, 1997. II. BACKGROUND OF STUDY AREA Demographics The City of Morro Bay is a unique and charming coastal community in San Luis Obispo County • located on State Highway 1 approximately 13 miles north of San Luis Obispo and approximately 240 miles north of Los Angeles and 240 miles south of San Francisco. The City has a current population of approximately 10,000. The City is 6.1 square miles and has 48 miles of streets. Morro Rock, the City's harbor and waterfront areas, and adjacent state parks attract approximately 1.5 million tourists annually. The City is primarily a residential area with a Downtown area, several shopping areas as well as numerous motels, restaurants, and other commercial activities, including a large commercial fishing fleet and related support facilities. The City has limited industrial development, which includes a PG&E power plant. The City of Morro Bay incorporated as a general law city on July 17, 1964; all five City Council members are elected officials. sto The City's MBDAR service is a door-to-door, demand -response public transit system serving the general public, including disabled/mobility impaired individuals. MBDAR was the first demand - response public transit system in San Luis Obispo County and has been operating since May 2, 1977. MBDAR operates within the corporate limits of the City, an area approximately six square 40 miles. • Service Description The day-to-day management and operations of MBDAR are provided by the contractor. All rides are scheduled through a central dispatch center that is operated by Contractor who will ensures riders do not experience undue delay in scheduling trips or obtaining service information. The Department of Public Works provides oversight of MBDAR operations and administers the MBDAR Operations Agreement. In addition, the City also provides vehicles and related fuel, maintenance, office facility, office furniture and equipment. MBDAR operates from 6:45 a.m. to 6:00 p.m., Monday through Friday and there is a "window" time of 15 minutes. Trips are arranged at least two (2) hours in advance and subscription service is available. MBDAR is closed on all City observed holidays. The current adult one-way fare is $1.00 and $0.75 for senior citizens/disabled/mobility impaired individuals. A ten -ride ticket book: is available for $10.00 (adult) and $7.50 (senior/disabled/mobility impaired). The fare for children three (3) to five (5) years of age is $0.75 and children younger than three (3) years ride free with a fare paying adult. MBDAR operates with Transportation Development Act funds, farebox revenue and an approximate • $80,000 General Fund subsidy. Connections with Central Coast Area Transit (CCAT) buses are made at City Park for trips to all major population centers in San Luis Obispo County (except Avila Beach). COAT is a regional public transit system providing fixed route service. III. SCOPE OF WORK 1. Work Tasks Consultant will be responsible for performing the following tasks: • Collect and analyze data on all alternate transit service options, problems experienced by the current system and what are the needs and wants of the community • Assess and prioritize all alternate transit service options as feasible or non - feasible for the City to implement • Recommend viable alternate transit service options for the City to pursue and what actions are necessary to implement the viable alternate options • Provide Public Works with a written draft and final version of the assessment • study and recommended viable alternate transit service options • Attend and present report at one Public Works Advisory Board and one City Council meeting • 2. Alternate Transit Service Options The study should address the following alternate transit service options as part of the assessment, including but not limited to: • Shared functions with SBDAR or other transit system in the county • Consolidated functions with SBDAR or other transit system in the county • Subsidized taxi service • Regional transit take aver operation of service • Subsidized van service • Fixed route service • Deviated fixed route service • City operate MBDAR intemally • No transit service • Other options not identified herein 3. Criteria for Feasible Alternate Transit Service Option An alternate transit service option will be considered feasible if it does the following: • Requires no City General Fund subsidy or a substantial and permanent • reduction to the General Fund subsidy in order to operate the service • Maximizes ridership, revenues and efficiency • Minimizes expenditures 4. Consultant Selection and Project Timeline The assessment study will be developed between September 1997 and December 1997. The consultant should be prepared to be in Morro Bay for a minimum of three visits with the date and time to be negotiated in the month of July 1997. Any other visits will he optional and should he included in a short description. The hourly rate should be adjusted to cover any proposed travel or other costs to keep billing simple. W. PHASE 1I - SHORT RANGE TRANSIT PLAN Once the study to assess sustainable transit service and funding options has been completed, a short range transit plan will be developed that includes a service plan, operating budget and implementation plan for those alternatives the phase I study recommends as viable options for the City. • Phase II is currently not part of the study to assess sustainable transit and funding options; however, should funding be obtained prior to the completion of phase I, the City may, at its sole discretion, extend the contract to include a short range transit plan. • Please indicate in the proposal if your company would he interested in developing a short range transit plan should phase II be implemented by the City. Funding for phase II would be in the amount of $10,000 and would begin immediately following the completion of phase I. V. CONTENTS OF PROPOSAL Letter proposals, very short and clear, are encouraged, attached to a statement of qualifications of the person performing the work. The cost per billing hour should he shown, along with an approximate total of hours per consultant task. Please mail or deliver proposals to City of Morro Bay Public Works Department, 695 Harbor Street, Morro Bay, CA 93442 no later than 5:00 p.m., Friday, July 25, 1997. Facsimiles and postmarks will not be accepted. • • CITY COUNCIL RESOLUTION NO. 59-97 • A RESOLUTION OF THE MORRO BAY CITY COUNCIL APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE ENTERPRISE FUND COMPONENT OF THE ECONOMIC DEVELOPMENT ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT At regular meetings of the Council of the City of Morro Bay, State of California, held on the I I th and 25th day of August, 1997. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Morro Bay, as follows: SECTION I. At a Public Hearing on August 11, 1997 and August 25, 1997, the City Council reviewed an application for up to $250,000, allocated as follows: Economic Development Business Loan Program - $21 1,000 Grant Administration - $10,000 Activity Delivery Costs - $24,000 Microenterprise Assistance - $5,000 SECTION 2. At a Public Hearing on August 25, 1997 the City Council approved the application. • SECTION 3. 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. SECTION 4. The City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. SECTION 5. The City Manager is authorized to enter into and sign the grant agreement with the State of California for the purposes of this grant. *r►*rr 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced and adopted by the Council of the City of Morro Bay, County of San Luis Obispo, State of California, on the 25th day of August, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my and affixed the official seal of said City this 25th day of August, 1997. N-V, CATHY N VAK, Mayor ATTEST: City Clerk of the City of borro Bay • RESOLUTION NO.58-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA SUPPORTING THE REDEPLOYMENT AND PERMANENT FUNDING FOR THE CAPE SAN MARTIN WEATHER BUOY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Cape San Martin weather buoy #46028 was knocked off station in July 1997 and towed to Morro Bay; and WHEREAS, there is no federal funding appropriated to reinstall the buoy #46028; and WHEREAS, the Cape San Martin weather buoy is the only off -shore weather reporting buoy off the Central California Coast; and • WHEREAS, the commercial fishermen, sport fishing charter boats carrying many passengers, and recreational boaters rely on accurate and current ocean condition information for safe travel daily; and WHEREAS, the National Weather Service forecasters rely on "real time" data provided by the buoys; and WHEREAS, the Cape San Martin weather buoy provides swell height, sea surface temperatures, visibility, wind speed and direction; and WHEREAS, the National Weather Service broadcasts its marine weather reports every three hours over the VHF marine radio. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that replacing the Cape San Martin weather buoy is critical to the well being of all commercial fishermen, sport fishing charter boats, and recreational boaters in transit off the Central Coast of California; and BE IT FURTHER RESOLVED, that the United States Congress are herewith urged on behalf of all mariners to appropriate funding for redeployment of the Cape San Martin weather buoy #46028, and also become a permanent part of the National Weather Service budget. Resolution No. 58-97 •' Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular mee'ting thereof held on the 1 lth day of August, 1997 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None • ATTEST: BRIDGETT BAUER, City Clerk a Nk, CATHY NO%kK, Mayor • RESOLUTION NO. 57-97 APPROVAL TO FUND FURTHER ANALYSIS, FEASIBILITY STUDY OF THE BOATING ACCESS FACILITY COMMITTEE CONCEPTUAL PLANS FOR ADDITIONAL BOATING ACCESS FACILITIES IN MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in April, 1997 the City Council directed that a Committee be formed to review and make recommendation on the need for additional boating access/marine dependent facilities in Morro Bay; and, WHEREAS, the Committee has recommended to the City Council a conceptual plan to construct a boat repair yard/storage facility with launching capability, and other public improvements on lands owned by the City and lands considered for voluntary acquisition by the City in the area of Coleman Park; and, WHEREAS, the City Council approves of the conceptual plan and desires that further analysis be completed on economic, engineering and environmental aspects of the proposed plan; and, WHEREAS, in the FY 96-97 the City Council approved funding of a feasibility study for • reconstruction of a seafood processing plant which funds remain unexpended and will be encumbered in the FY 97-98 budget; and, WHEREAS, the proposed plan includes development of new marine dependent uses which will serve the commercial fishing industry and boating support services in Morro Bay. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, that the City Council does hereby authorize expenditure, of up to $9,000 from Harbor Capital account # 911-9615 (Seafood Processing Plant), to provide technical support to the Boating Access Facility Committee to further improve the conceptual plans with the goal of enhancing marine dependent uses in Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28'" day of July, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOVA , MAYOR BRIDGETT UER, CITY CLERK rftftftgga- E Lq -40-01tv ConceptMarine Concept Marine Associates, Inc. 1853 Embmcadero • Planning, Design, & Construction Management Oakland, California 94606 Tel: (510)533-7600 April 22, 1997 Fax: (510) 533-7611 5000/383/1100 Mr. Rick Algert Harbor Director City of Morro Bay Harbor Department 1275 Embarcadero Morro Bay, CA 93442 RE: City of Morro Bay Boat Launch Ramp/Boat Repair Yard Feasibility Study Dear Rick: is proposal, is a work scope and fee for the above referenced study. We are pleased to present this proposal, and believe we have some unique qualifications for the project. Concept Marine has been involved in the following projects: • Rehabilitation of Port San Luis Boat Yard, San Luis Obispo, CA • Feasibility Study for the Upper Harbor launch facility and dry storage yard at Santa Cruz Harbor, Santa Cruz, CA • Dry stack storage and launch facilities at Pier 38, San Francisco, CA • Review of travel lift hoist operation, Marine Emporium Bethel Island, CA • Preliminary design and layout of boat yard, Ko Olina Marina, Oahu, HI • Design of 70 ton travel lift pier and four docks, Ko Olina Marina, Oahu, HI • Design of travel lift pier, Monterey Boat Yard, Monterey, CA In addition, we are familiar with the requirements of the Regulatory Agencies and their expectations on these kinds of projects. Lastly, we have a good working knowledge of construction costs and methods for waterside projects in California. „�' Oakland, California • Marina del Rey. California - HonolWu, Hawaii Mr. Rick Algert City of Morro Bay • April 22, 1997 5000/383/1100 Page 2 We believe our past experience should lend credibility to the input and information we would supply for this study. KJ: ma Attachment E RESOLUTION NO. 56-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on June 23, 1997 the City Council did adopt Resolution No. 47-97 declaring the Council's intent to levy an assessment for the maintenance of the North Point Natural Area Landscaping and Lighting Maintenance Assessment District and approving the Engineers Report; and WHEREAS, a public hearing to hear all protests as to the formation of said district was scheduled for July 28 at 6:00 p.m. in the Veteran's Memorial Building; and WHEREAS, notices were mailed to one hundred percent (100%) of the property owners in • the proposed district regarding the proposed assessment and listing the date, time and location of the protest hearing; and WHEREAS, the City Council did hear objections of all interested parties as to the formation of the proposed assessment district on July 28, 1997 at the Veteran's memorial Building; and WHEREAS, no objections from property owners within the proposed district were received by the City Council prior to, or during the public hearing on July 28, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the annual levy for the maintenance of North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is hereby ordered and the assessment of $5,000 to be equally distributed per assessable parcel for the Fiscal year 1997-98 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the Fiscal Year 1997-98 and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. • • Resolution No. 56-97 Page 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28" day of July, 1997 by the following roll call vote: AYES: Anderson, Peirce, Peters, Novak NOES: Elliott ABSENT: None N rr , CATHY NO K, MAYOR ATTEST: , BRIDGETT AVER, CITY CLERK • Ww/oowciUm369) • RESOLUTION NO.55-97 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, REPEALING RESOLUTION NO.51-97 AND ADOPTING FINDINGS GRANTING AN AWARD OF WATER EQUIVALENCY UNITS FOR AN ADDITION TO THE MORRO BAY LIBRARY AND WAIVING ALL CITY FEES THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with Coastal Permit 4-81-309A3, Guidelines for Retrofit Programs ("Guidelines"), one- half of the water equivalency units (WEUs) saved which are not used directly by a project shall be held by the City in reserve, as a "bank" of WEU credits; and WHEREAS, pursuant to said Guidelines, the City Council may choose at any time to use this bank for allocation to new uses in accordance with the priorities and procedures in the City's approved water allocation model; and WHEREAS, there are currently 63.13 WEUs in the retrofit bank that may be awarded by the City Council; and WHEREAS, on June 23, 1997 and July 14, 1997 the City Council considered a request by the Morro Bay Friends of the Library for an award of 0.05 WEUs for the purpose of installing a 288 square foot addition to the existing City library, along with a request that all related permit fees be waived; and WHEREAS, the City Council determined that the proposed public uses fall within the highest priority for allocation of WEUs under the provisions of the City's approved water allocation model; and • WHEREAS, on July 14, 1997 the City Council reconsidered the approval of Resolution No. 51-97 requiring associated water and sewer impact fees to be paid and hereby repeals Resolution No. 51-97 in its entirety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the request by the Friends of the Library for an award of 0.05 WEUs and a waiver of all City fees, including water and sewer impact fees, is granted based on the following findings: The award of WEUs is consistent with the priorities for allocation of water identified in the water allocation model contained in approved Coastal Permit 4-81-309A3, including the Guidelines for Retrofit Program. 2. The award of WEUs and the waiving of all City fees, including water and sewer impacts fees, is for the purpose of assisting the Friends of the Library in the effort to improve the City library facilities for public use and enjoyment and serves the public's interest. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on July 28, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None \ Nro ./K_. CATHY NOVAK, Ayor TTEST: A � BRIDGETT B ER, City Clerk ` . - RESOLUTION NO.53-97 • A RESOLUTION OF THE CITY OF MORRO BAY APPROVING AMENDMENT TO DEPARTMENTAL PROCEDURES ALLOWING THE CLOSURE OF NON -SAFETY CITY OFFICES MONDAY - FRIDAY BETWEEN 1:30 P.M. - 3:30 P.M. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City workforce has decreased over the past 5 years by ten percent (10%) due to economic factors resulting in significant increases in the workload citywide as duties have been reassigned or redefined; and WHEREAS, the City Council recognizes the need to find alternatives to the current work schedule to complete important City projects; and WHEREAS, the City Council supports the closure of non -safety City office to allow staff the opportunity to more efficiently manage their many work activities with the overall goal of increased efficiency and productivity citywide; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that effective July 7, 1997 non -safety City offices are allowed to be closed to the public • Monday - Friday between the hours of 1:30 p.m. - 3:30 p.m. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay on the 14th day of July, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: BRIDGE1 BAUER, City Clerk • 1")NAA, CATHY NWAK, Mayor I • • 0 NON -SAFETY CITY OFFICES MONDAY - FRIDAY, 1:30 P.M. - 3:30 P.M. CLOSURE PROCEDURES BY DEPARTMENT Finance (includes Personnel and City Manager) DOORS: Entrance to City Hall will be locked. PHONES: Incoming calls will be received by one staff member who will take messages only. Planning and Building DOORS: Entrance to office will be locked. At this time we will continue the new over-the- counter permit services on Wednesday afternoons from 1:30 p.m. - 4:30 p.m. PHONES: Incoming calls will be routed to the office answering machine. Message will direct calls to the inspection request hotline and announce the hours when calls can be received by staff. Public Works DOORS: Entrance to office will be locked. PHONES: Incoming calls will be pick up by voice mail system. [ Check with Bill ] Recreation and Parks DOORS: The first floor areas of the Recreation and Parks building will be open to the public. Access to the upstairs offices will be restricted. PHONES: Incoming calls will be received by one staff member who will take messages only. iRESOLUTION NO.52-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING A POLICY FOR NEGOTIATION OF PAYMENT PLANS FOR THE PAYMENT OF PARKING IN -LIEU FEES THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council, on June 23, 1997, approved the Second Reading of Ordinance 459; and WHEREAS, upon certification by the Coastal Commission, Municipal Code Section 17.44.020(A)[7) shall become operational, allowing for the negotiation of payment plans for Parking In -Lieu fees due to the City of Morro Bay; and WHEREAS, the City Council desires to establish minimum acceptable terms for such payment plans in order to ensure that the interests of both the City and the applicant are equitably treated and protected. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Policy for Parking In -Lieu Payment Plans is hereby adopted. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of July, 1997, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None 11 IJ,4t.-, CATHY NOVAK, Mayor BRIDGE BA R, City Clerk 0 City of Morro Bay Policy for Parking In -Lieu Payment Plans June, 1997 City Ordinance 459, which had its second reading on June 23, 1997 and becomes law on July 23, 1997 included (Section 50) a change to Section 17.44.020(A)[7], Parking Facilities- This change permits an applicant for new construction, additions or changes in occupancy to pay the parking in - lieu fee either in a lump sum or in accordance with a payment plan approved by both the Finance Director and the City Manager. The following policy shall govern such payment plans: "Payment plan" is defined as a fully amortized loan. Each payment shall consist of an interest portion and a principal portion such that the principal shall be fully paid over the life of the plan. • The interest rate to be charged will be computed by determining the Prime Rate as published in the most recent Monday edition of the Wall Street Journal and by the Local Agency Investment Fund (LAIF) rate as published for the latest reported calendar month. The sum (of the Prime rate plus the LAIF rate), divided by 2 shall yield the interest rate to be charged for the life of the payment plan. Payments shall be due monthly. Payments shall be due and payable on the fifth calendar day of each month. Payments are due at the City of Morro Bay, Finance Department, 595 Harbor Street, Morro Bay, CA 93442. Payments shall be considered timely if received or postmarked as of the due date. Payments received or postmarked after the due date shall be deemed late payments and a 10% penalty shall accrue each month for said late payments. The penalty shall be calculated based upon the amount of the monthly payment exclusive of late payment penalties. If an applicant has three or more late payments in any twelve month period, the applicant shall be • considered in default and the entire amount outstanding shall become due on demand by the City of Morro Bay. Down Payment A down payment in an amount of not less than 10% (of the total parking in -lieu fee due) shall be due upon execution of a payment plan agreement. The length of the payment plan shall not exceed the following durations: For amounts financed of $3,600 to $10,800, the duration of the payment plan shall not exceed three (3) years. For amounts financed of $10,801 to 24,999, the duration of the payment plan shall not exceed five (5) years. For amounts financed of $25,000 to $49,999, the duration of the payment plan shall not exceed seven (7) years. For amounts financed of $50,000 or more, the duration of the payment plan shall not exceed ten (10) years. If the applicant desires to enter into a payment plan of a shorter duration than allowable by the • above schedule, the city shall make reasonable efforts to facilitate such a request. There shall be no penalty nor fee for prepayment of the outstanding balance of the principal. In the event of a partial prepayment of the principal, the terms of the original payment plan shall remain in force, except that a recomputed monthly payment shall apply. The above terms shall be considered the most favorable terms available to the applicant at the discretion of city staff. The City Council may establish other terms by separate consideration of a payment plan agreement at its regular public meetings. Nothing in this policy shall preclude the applicant from paying the parking in -lieu fees as a lump sum. 06 RESOLUTION NO. 51-97 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING FINDINGS GRANTING AN AWARD OF WATER EQUIVALENCY UNITS FOR ADDITION TO THE MORRO BAY LIBRARY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with Coastal Permit 4-81-309A3, Guidelines for Retrofit Programs ("Guidelines"), one-half of the water equivalency units (WEUs) saved which are not used directly by a project shall be held by the City in reserve, as a "bank" of water equivalency credits; and WHEREAS, pursuant to said Guidelines, the City Council may choose at any time to use this bank for allocation to new uses in accordance with the priority and procedures in the City's approved water allocation model; and WHEREAS, there are currently 63.13 WEUs available in the retrofit program bank that may be awarded by the City Council and on June 23, 1997 the City Council received a request by the Morro Bay Friends of the Library for an award of 0.05 water equivalency units from the City's retrofit program bank for the purpose of installing a 288 square foot addition to the existing city library; and WHEREAS, the City Council determined that the proposed public uses fall within the highest priority for allocation of water under the provisions of the City's approved water allocation model; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that having reviewed the request, hereby grants to the Friends of the Library an award of 0.05 WEUs for the city library addition from the City's water bank based on the following: A. The award of WEUs is consistent with the priorities for allocation of water • identified in the water allocation model contained in approved Coastal Permit 4-81-309A3, including the Guidelines for Retrofit Program. B. The award of WEUs is for the purpose of assisting the Friends of the Library in the effort to improve the city library facilities for public use and enjoyment. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that the water and sewer impact fees shall be assessed in accordance with the adopted 1996/97 Master Fee Schedule. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on June 23, 1997 by the following vote: AYES: Anderson, Peirce, Peters, Novak NOES: None ABSENT: Elliott •ATTEST: Q. _Vv BRIDGE AUER, City Clerk CATHY NOVAK, ayor RESOLUTION NO. 50-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING FUNDING FOR ENTRANCE SIGNS ADVERTISING CITY EVENTS, APPROVING FUNDING FOR TROLLEY ADVERTISING, AND APPROVING FUNDING FOR IMPROVEMENTS ALONG MORRO BAY BOULEVARD THE CITY COUNCIL City of Morro Bay, California WHEREAS, Morro Bay Boulevard has been the site for the arts and crafts fairs featuring transient vendor sales; and WHEREAS, the improvement of Morro Bay Boulevard is of general benefit to all businesses in the area, including transient vendors; and • WHEREAS, improvements to Morro Bay Boulevard and the addition of City event signage was identified by the City Council and authorized to be performed at its regular meeting of June 9, 1997; and WHEREAS, the use of the proceeds from the Transient Vendor Tax for improvements to Morro Bay Boulevard is therefore appropriate; and WHEREAS, the use of these funds to further promote City events is appropriate; and WHEREAS, it is in the best interest of the public to allocate monies from the Transient Vendor Tax fund to improve the Downtown Business District and to promote City events. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that an allocation in the amount of $2,650 from the Fiscal Year 1996/97 balance of the Transient Vendor Tax fund be approved; and BE IT FURTHER RESOLVED by the City Council that the Finance Director is hereby authorized and directed to perform such adjustments to the Fiscal Year 1996/97 is budget as necessary to reflect this action. • Resolution No. 50-97 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of June, 1997 on the following vote: AYES: Anderson, Peirce, Peters, Novak NOES: None ABSENT: Elliott ATTEST: BMDGETT.bAUER, City Clerk • • CATHY NOV4K, Mayor CITY OF MORRO BAY RESOLUTION NO.49-97 RESOLUTION OF THE CITY OF MORRO BAY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE COASTAL RESOURCES GRANT PROGRAM UNDER SECTION 35030/ 35031 OF THE PUBLIC RESOURCES CODE FOR THE FOLLOWING PROJECT: UPDATE OF THE CITY'S LOCAL COASTAL PROGRAM AND ASSOCIATED GENERAL PLAN ELEMENTS WHEREAS, the Legislature of the State of California has enacted AB 1431 (Chapter 977 of the Statutes of 1996), which is intended to provide grant funds to coastal cities and counties affected by the impact of offshore energy developments for projects to enhance the management of coastal resources; and WHEREAS, the Resources Agency has established the application procedures and criteria for reviewing grant proposals from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a • resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the coastal resources project; NOW, THEREFORE, BE IT RESOLVED THAT on the 23rd day of June, 1997, the City Council of the City of Morro Bay: Approves the filing of an application for the Coastal Resources Grant Program for grant assistance. 2. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. Appoints Shauna Nauman Interim Director. Planning and Building Department as agent of the City of Morro Bay to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. .0 • City of Morro Bay Coastal Resource Grant Application Approved and Adopted the 23rd day of June, 1997. 1 the undersigned hereby certify that the foregoing Resolution Number 49-97 was duly adopted by the City Council for the City of Morro Bay by the following roll call vote: Ayes: Anderson, Peirce, Peters, Novak Noes: None Absent: Elliott l I , �)"V" 'ISATHY NOVAK, Mayor • LL BRIDG16T BAUER, City Clerk 0 The .1tescful•ces AgeneN Governor ro of California Ihnl�ln.� 1'. 11'hucicr Secret ark C:dilorma C'mwnaliun Corps • Ihgcu1n u•nl nl Ruatilig& Mtl ma" iIlr P:u'I nu•nt ut Cona.vr:tliun Doin"'ntrn1 of Fish k. C:unr • Dvpari ittcln of Fon:.vlty h Fin- 1'nticrliun • 1)rp:uuuan1 ul 1'arAa & 1lrrrcaI iun • Dv :"'Rural of \\:nrr 1(c".m, I., March 20, 1997 TO: 1997-98 COASTAL RESOURCES GRANT PROGRAM GRANT APPLICANT I am pleased to announce the implementation of the Coastal Resources Grant Program. This program was activated through the enactment of Assembly Bill 1431, Firestone (Chapter 1431, Statutes of 1996) which will make excess Outer Continental Shelf Lands Act funding available for appropriation for Resources Agency grants to coastal counties and cities impacted by the effects of offshore energy deveiopment.. • Enclosed is a Coastal Resources Grant Program application packet for the 1997-98 grant cycle. The packet includes program Procedures and Criteria, Application Forms, and supplementary information to assist you in preparing an application for grant funding. The final application submission date is July 1, 1997. Applications must be postmarked by this date or delivered to the Resources Agency, Suite 1311, 1416 Ninth Street, Sacramento 95814, no later than 5 p.m. on that day to be considered by the Resources Agency. If you require further information on these Procedures and Criteria, please call for the Coastal Resources Grant Program Coordinator at (916) 653-5656. Sincerely, RECEIVED APR 2 4 1997 Enclosures • . The Resources Building Sacramento, CA 95814 1916) 653-5656 FAX 19161 653-8102 California Coastal Commission • California Tahoe Conservancy • Colorado River Board of California Energy Resources. Conservation d. Development Commission • San Francisco Bay Conservation & Development Commission Slate Coastal Conservancy • Stale lands Commission • State Reclamation Board 0 P inttal on re.led palter •RESOURCES AGENCY 1415 Ninth Street, Suite 1311 State of California Sacramento, CA 95814 916-653-5656 COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA 1997-98 GRANT CYCLE I. PURPOSE AND AUTHORITY These grant application procedures and evaluation criteria guide the selection of projects under the Coastal Resources Grant Program. This program provides grants to coastal counties and cities that are affected by the impacts of offshore energy development and/or to coastal counties and cities for coastal resources management. Chapter 977, Statutes of 1996 (AB 1431, Firestone) provides that, commencing in 1997, 50% of the amount of funds received by the state pursuant to Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. Sec. 1337 (g) over the amount of funds so • received in 1996 shall be available on an annual basis, for appropriation to the Secretary for Resources (Secretary) for technical and financial assistance grants to coastal counties and cities. The Governor's Budget.for the 1997-98 fiscal year proposes $3.3 million for this purpose. Grants may be awarded under two separate programs. Any funds appropriated pursuant to this chapter and not expended as described in Public Resources Code, Section 35030 (referred to herein as Part A Grants) may be awarded by the Secretary for technical and financial assistance pursuant to Public Resources Code, Section 35031 (herein referred to as Part B Grants). The Resources Agency is required to develop and implement a competitive application process, in cooperation with the State Coastal Commission, and review that process by April 15 of each year in which funds are appropriated for this purpose. Part A Grants Chapter 1027, Statutes of 1991 (AB 205) provides that the Secretary of the Resources Agency award grants to coastal counties and cities to be used for the purposes of planning, assessment, mitigation, permitting, monitoring and enforcement, public services and facilities, and for other activities related to offshore energy development, consistent with the requirements of the state's coastal management program (Public Resources • Code, Section 35030). A total of $2.8 million will be available for Part A grants in this cycle. COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA Prior to receiving grants under this chapter, each coastal county and city shall submit a report to the Secretary describing how the funds are to be expended. The coastal counties and cities submitting such reports shall provide opportunities for the public to review and comment on the report and shall hold at least one public hearing on the report. The required report shall be encompassed in grant applications submitted pursuant to these Procedures and Criteria. Part B Grants Any funds appropriated in accordance with this chapter and not expended as described in Section 35030, Public Resources Code (Part A grants), may be awarded by the Secretary to coastal counties and cities with approved local coastal programs for coastal resource management activities (Public Resources Code, Section 35031) in five specific project categories as described below. A total of $500,000 will be available for Part B grants in this cycle. II. ELIGIBLE APPLICANTS Any local coastal county or city may apply for and receive grants for a qualifying project • under Part A, Part B or both. Two or more entities may participate in a project with one designated as the contract lead agency. Ill. IMPLEMENTATION TIMELINE In order for grant requests to be considered for the 1997-98 fiscal year (July 1, 1997 through June 30, 1998), applications must be postmarked no later than July 1, 1997 or delivered to the Resources Agency by 5:00 p.m. on that date. It is anticipated that by September 15, 1997, and upon Budget enactment, the Resources Agency will notify applicants of the status of their grant requests. Environmental clearance documents, when required, must be completed by award date. Projects for which environmental clearance documents are not completed will not be considered for funding by the Secretary in this grant cycle. Applicants may resubmit projects for reconsideration by the Secretary in a subsequent grant cycle. is E • COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA IV. ELIGIBLE TECHNICAL AND FINANCIAL ASSISTANCE PART A GRANTS Requests for assistance under Part A must be for activities related to offshore energy development The types of grant activities eligible for funding are under Part A include planning, assessment, mitigation, permitting, monitoring and enforcement, public services and facilities and other activities related to offshore energy development. Part A Grants will be awarded for one-time projects and may not be used for on -going efforts beyond the grant award period. Any required on -going effort will be the responsibility of the applicant county or city. However, applicants may define projects which consist of multiple phases provided that grant funding for any one phase shall result in a complete, discrete effort. Nothing shall preclude an applicant from applying for grant funding for subsequent project phases, although. grant funding is not guaranteed. The law requires cities and counties to submit a report on how any grant funds will be • used At least one public hearing on the report is required. Applicants for Part A grants shall include evidence of public review and input on the report of proposed expenditures., A local governing board resolution is required (see enclosed sample resolution). Applicants are to provide a grant expenditure schedule not to exceed three years from the date of grant award. Time extensions may be requested in advance and will be considered in the event of circumstances beyond the control of the applicant agency. Grant applications will generally be limited to $500,000 and may provide for 90 percent of proposed expenditures. Under unusual circumstances applications may be considered for cash awards exceeding the $500,000 amount based on consideration of, but not limited to, the following factors: o The project requires a one-time, single investment in excess of $500,000 to achieve its objectives. o This grant cycle presents an immediate, one-time opportunity for maximum benefits that may be lost if not undertaken at this time. Local contributions to a project may include cash, in -kind services, volunteer effort, or donated materials as required for project completion and as included in the project line- 3 COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA item cost estimate. Local expenditures made prior to grant award (as evidenced by a signed contract with the Resources Secretary). or after the scheduled grant project performance period, may not be considered as meeting the requirement for local contributions of ten percent of project costs. PART B GRANTS Requests for assistance under Part B may be submitted for projects to help local coastal counties or cities exercise effectively their responsibility for improving the management of the state's coastal resources. Only those jurisdictions with approved local coastal programs are eligible to apply for grant funding. Categories of technical and financial assistance grant projects eligible for funding under Part B include: 40 A. Coastal Habitat Protection These are projects which provide for the protection of wetlands, flood plains, • estuaries. beaches, dunes, and fish and wildlife and their habitat within coastal areas. B. Protection of Life and Property These are projects which provide for the minimization of the loss of life and property in coastal flood -prone, storm surge, geologic hazard, and erosion prone areas. C. Protection of Recreational Resources These are projects which provide public access to the coast for recreational purposes, to acquire coastal viewsheds, and to preserve, maintain, and restore historic, cultural, and aesthetic coastal sites. D. Protection of Coastal Economic Resources These are projects which facilitate the process for siting major facilities along the coast related to fisheries, recreation and ports and other coastal dependent commercial uses. E. Coastal Management Improvements These are projects which promote other coastal management improvements determined by the Secretary to be consistent with the state's coastal management program. • 4 •COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA Part B Grants will be awarded for one-time expenditures, and may not be used for on- going efforts beyond the grant award period such as for maintenance, monitoring, or studies. However, applicants may define projects which consist of multiple phases provided that grant funding for any one phase shall result in a complete, discrete effort. Nothing shall preclude an applicant from applying for grant funding for subsequent project phases, although grant funding is not guaranteed. Applicants for Part B grants shall designate only one grant category for each proposed project, and will describe the benefits of the proposed project in meeting the objectives of the other grant categories, as appropriate, under the Other Benefits evaluation criteria. Part B Grant projects must be scheduled to be completed within a three year period from the date of award Extensions may be requested in advance and will be considered in the event of circumstances beyond the control of the applicant agency. Part B Grants for individual projects are generally limited to $100,000 each and may not exceed.90.percent_of.project.costs... Local contributions,to.a project may.include.cash,,in- kirid services, volunteereffort, or donated materials as required for project completibn;and' • as included in the project line -item cost estimate. Local expenditures made prior to grant award (as evidenced by a signed contract with the Resources Secretary), or after the scheduled grant project performance period, may not be considered as meeting the requirement for local contributions of ten percent of project costs. Under unusual circumstances applications may be considered for cash awards exceeding the $100,000 amount based on consideration of, but not limited to, the following factors: o The project requires a one-time, single investment in excess of $100,000 to achieve its objectives. o The objectives of more than one grant program category would be achieved by the grant proposal. o This grant cycle presents an immediate, one-time opportunity for maximum benefits that may lost if not undertaken at this time. V. MINIMUM REQUIREMENTS PART A GRANTS • Projects which fail to meet these minimum requirements will not be considered further Gq COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA A. All projects must demonstrate a relationship to the impact of offshore energy developments. B. All applications must include evidence that the public was given an opportunity to review the proposal and that at least one public hearing was held on the subject. C. All applicants must submit a local governing board resolution authorizing the application for grant funds. (see enclosed sample resolution). PART B GRANTS Projects which fail to meet these minimum requirements will not be considered further: 40 A. All applicants must present evidence that the project is located in an area with an approved local coastal program. B. All projects must.provide coastal resource management enhancements which specifically help applicants to improve their coastal resource management • responsibilities. C. All applicants must submit a local governing board resolution authorizing the application for grant funds (see enclosed sample resolution). VI. EVALUATION CRITERIA PART A GRANTS All projects submitted under Part A will be evaluated by the Resources Agency using the following criteria and assigning values based on a point system within the ranges indicated. A maximum of 100 points may be assigned to any one project. 1. Impact (0 - 20 points) What is the potential of the proposed grant expenditure for expediting the resolution of an offshore energy development issue? • 0 • COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA 2. Need (0 - 20 points) What is the need of the county or city for temporary increase in funding to facilitate the resolution of the offshore energy development issue? 3. Sustainability (0 - 15 points) Can the county or city sustain whatever effort may be required beyond the time period of the grant award? 4. Other Contributions (0 - 10 points) What is the local contribution to the effort above the required ten percent contribution : cash, in -kind, volunteers, donated materials? 5. Offshore energy development impact relationship/solutions (0-20 Points) Mitigationprojects which will effectively provide the greatest and most appropriate; • i.e., related, solutions to the impact of offshore energy developments will be rated the highest on this criteria. • 6. Project Readiness (0-10 Points) Projects which can most readily be started and completed will be given the highest rating under this criteria. For example: o Are project designs completed? o Are local contributions readily available? o Will the proposed project require any permits or lengthy environmental clearance? o If lands are to be acquired, are there willing sellers? o Is the project consistent with state, regional and local plans? 7. Recognized Statewide Resources Priorities (0 - 5 Points) Projects which contribute to statewide resources priorities and which address 7 COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA �J energy development related issues with application to multiple jurisdictions, and which are consistent with the Resources Agency's "California Ocean Resources: An Agenda for the Future" will be rated the highest under this criteria. PART B GRANTS All projects submitted under Part B will be evaluated by the Resources Agency using the following criteria and assigning values based on a point system within the ranges indicated. A maximum of 100 points may be assigned to any one project. All projects will be evaluated on the appropriate Project Category Criteria (up to 50 points) and the General Criteria (up to 50 points) A. Project Category Criteria 1. Coastal Habitat Protection -a: Habitat'Impnrtance 10=30 Points)... ; ........ Projects which provide the greatest degree of protection or enhancement of wetlands, flood plains, estuaries, beaches, dunes, and fish and wildlife and their habitat will be rated the highest on this criteria. Projects will be evaluated on the basis of the presence of threatened or endangered species or lack of supporting habitat. b. Cost Effectiveness (0-10 Points) Projects providing the greatest benefit at the lowest cost will be rated the highest on this criteria. Projects will be evaluated on the basis of the cost to achieve the stated objectives, and among projects with similar achievable objectives, those projects with the lowest costs will be rated the highest. C. Other Benefits (0-10 Points) Projects which also provide for the objectives of the other grant categories will be rated the highest on this criteria. • I •COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA 2. Protection of Life and Property a. Life and Property Values (0-30 Points) Projects which provide the greatest degree or protection against the loss of life and/or property in coastal flood -prone, storm surge, geologic hazard, and erosion prone areas will be rated the highest on this criteria. Projects will be evaluated on the basis of historic risk and damage sustained in the proposed project area and the statewide significance of the resource. b. Cost Effectiveness (0-10 Points) Projects providing the greatest benefit at the lowest cost will be rated the highest on this criteria. Projects will be evaluated on the basis of the cost to achieve the stated objectives, and among projects with similar achievable objectives, those • projects with the lowest costs will be rated the highest. C. Other Benefits (0-10 Points) • Projects which also provide for the objectives of the other grant categories will be rated the highest on this criteria. 3. Protection of Recreational Resources a. Recreational Resources Values (0-30 Points) Projects which provide the greatest improvement in public access to the coast for recreational purposes,.for the provision of viewsheds, and to preserve, maintain, and restore historic, cultural or aesthetic coastal sites will be rated the highest on this criteria. Projects will be evaluated on the basis of the need for the project including consideration of the estimated visitor usage, whether the project adds to a complex or system, e.g., trails, removes barriers to recreational use, and/or is a Nationally or state -recognized historic place or site. 9 COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA b. Cost Effectiveness (0-10 Points) Projects providing the greatest benefit at the lowest cost will be rated the highest on this criteria. Projects will be evaluated on the basis of the cost to achieve the stated objectives, and among projects with similar achievable objectives, those projects with the lowest costs will be rated the highest. C. Other Benefits (0-10 Points) Projects which also provide for the objectives of the other grant categories will be rated the highest on this criteria. 4. Protection of Coastal Economic Resources a. Economic Resources (0-30 Points) Projects which facilitate the process for siting major facilities along the coast• related to fisheries, recreation and ports and other coastal dependent commercial uses while protecting environmental resources will be rated the highest in this category. Projects will be evaluated on the basis of the projected impact of the project on the economy of the local area and the statewide impacts. Unique approaches to resolving environmental issues associated with proposed projects are encouraged. b. Cost Effectiveness (0-10 Points) Projects providing the greatest benefit at the lowest cost will be rated the highest on this .criteria. Projects will be evaluated on the basis of the cost to achieve the stated objectives, and among projects with similar achievable objectives, those projects with the lowest costs will be rated the highest. • 10 •COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA C. Other Benefits (0-10 Points) Projects which also provide for the objectives of the other grant categories will be rated the highest on this criteria. 5. Coastal Management Improvements a. Coastal Resources Management (0-30 Points) Projects which promote coastal management improvements determined by the Secretary to be consistent with the Governor's Coastal and Watershed Initiatives, as well as the "California Ocean Resources: An Agenda for the Future" will be rated highest on this criteria. Projects that demonstrate the greatest statewide benefits. or address unique coastal assets are encouraged._ b.' Cost Effectiveness (0-10"Point6) • Projects providing the greatest benefit at the lowest cost will be rated the highest on this criteria. 0. Projects will be evaluated on the basis of the cost to achieve the stated objectives, and among projects with similar achievable objectives, those projects with the lowest costs will be rated the highest. C. Other Benefits (0-10 Points) Projects which also provide for the objectives of the other grant categories will be rated the highest on :this criteria. B. General Criteria All Part B grant projects will be evaluated based on the following general criteria: 1. Demonstrated need (0-15 Points) A demonstrated need for supplemental funding will be evaluated under this criteria. itil COASTAL RESOURCES GRANT PROGRAM • PROCEDURES AND CRITERIA 2. Other Contributions (0-15 Points) The percentage of local contributions to the project budget including cash, in -kind contributions, volunteers, and donated materials will be evaluated under this criteria. 3. Project Readiness (0-15 Points) Projects which can most readily be started and completed will be given the highest rating under this criteria. For example: o Are project designs completed? o Are local contributions readily available? o Will the proposed project require any permits or lengthy environmental clearance? o If lands are to be acquired, is there a willing seller? • o Is the project consistent with state, regional and local plans? 4. Recognized Statewide Resources Priorities (0 - 5 Points) Projects which contribute to statewide resources priorities and which address energy development related issues with application to multiple jurisdictions, and which are consistent with the Resources Agency's "California Ocean Resources: An Agenda for the Future" will be rated the highest under this criteria. VII. MINIMUM INFORMATION FOR ELIGIBILITY EVALUATION The following information is required by the Resources Agency to evaluate projects for either Part A or Part B grants. Applications submitted with incomplete information or lacking the required number of copies will not be evaluated. A. An original and three copies (total of four) of the application (Application Forms and supporting material). B. A Table of Contents (page numbered) in the sequence specified in the enclosed standard Table of Contents provided in this Application Packet. • 12 .COASTAL RESOURCES GRANT PROGRAM PROCEDURES AND CRITERIA C A description of project scope, location, purpose and the amount of grant funds being requested. D. An explanation for a grant request which exceeds the funding limitation if applicable. E. Evidence of public hearing and opportunity for public input (Part A grants only). Evidence of approval of local coastal program (Part B grants only). F. A statement of project consistency with local, state and/or federal plans, and a list of permits and approvals needed and applications filed with involved agencies. G. An authorizing resolution and a statement describing related prior experience in carrying out the proposed project. H. A narrative and quantitative description of the project that explains how it meets each of the relevant evaluation criteria: • 1. A project cost estimate (by line -item -object of expense) and a proposed budget showing all sources of funding, including the estimated value of in-kind/volunteer services and donated materials. J. A project completion schedule including a quarterly cash expenditure plan. K. A project location map. L. Photographs of the project site, as appropriate. M. Project design or concept drawings, as appropriate. N. If funds are being requested for the acquisition of real property, an acquisition schedule must be included which reflects the basis for the estimate of acquisition/easement costs by parcel, and indicating whether there are willing sellers. O. If funds are being requested for the acquisition of real property, an acquisition map must be included showing exterior boundaries and parcel numbers. 13 CITY COUNCIL RESOLUTION NO. 48-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1997-98 FOR THE CITY OF MORRO BAY WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; and WHEREAS, Proposition I I I of June, 1990, requires an annual election of the method of measurement of growth in both PRICE and POPULATION; and WHEREAS, the measurement of PRICE is most advantageous using the growth in the California Per Capita Personal Income measurement; and WHEREAS, the measurement of POPULATION is most advantageous using the growth in San Luis Obispo County population. • NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay elects to use as measurements of growth, the California Per Capita Personal Income and the County of San Luis Obispo Population growth, and establishes the Fiscal Year 1997-98 Appropriations Limit at $10,803,144 from the proceeds of taxes. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 23rd day of June, 1997, by the following vote to wit: AYES: Anderson, Peirce, Peters, Novak NOES: None ABSENT: Elliott \ • Cathy Novak, Mayor Bridgett B r, City Clerk ATTACHMENT A • Eam l. h a N U i o to o co O LL M O (7 y O � V7 1- (h O N � M U co 0 O N OOf— MO NO O co NMOI-- O N (70 N 'IT M) O (0 r (M N O ao ao 0 vr (M O N LL7 0) (0 fM O r� V O O �- N fH X x x X X X X X o O O OD 0 0 0 O V N 00 N O O O O � O ((00 (M LO a0 N n N U N r O W (NO 0) V COV N (7 N M V co fp a7 a1 U d �O Z U) o X N h y ca C V) N 7 a) x cc U a) t > N E m -gym .N-. "' co N m C Uaa)tr°' a a E O U) (7� �_ O O UD E «. O> C C a) x (o r ` O U~ ` U C LL O O U a) Z O c H d F— O N N lL J 0 N C o C C rL r otS a�i � a) watS> � a�`� � � m m CD cl C N C !_ � a1 .... C> C N a) O (`a O a1 � w. 7 () C 0 c � a) !� of m O` .O-. o > c LLLLCL0E-DmaLL2inF-W 0 a roi LO n O W 0 O Y C6 O) n rn v o_ a .'l ATTACHMENT B Mh 000 N 0 O Or O N E 00 U) O N O NO w O OM O N M O O(0 w V, (D NOD N� M 1n (f) 0 1- 00 , O N 0 0 N 0 0 OVA o'cr M ONO �(n CO 00 1-00.-�pl V7fl:(61LdMN(7 C • T01,- I� V M V N(D, OD 1,, t` O O 1, R 10 O 0 -IT 1,, 0Ih O OM(0O V 0hNM000 V,M MMM V .0 V7NNL6(6 CO P. N OD aD a000 OOO .n.� w O J CL N N (n ON (0 L c N .O ¢ M O 0 V Z O O O LL ` 0) C o— a) C NOMMN0O O(0OO MOD 0- O Ca N LL �O0D0M0000V0MO V N M M V M N N c Z aLo UU r--w OC (O7NMO 00 ��O .0. m O c rna Q N.-.-� c c Z (D U U • MN (C) V N 1,1� (D N, M (O 0--. 0 0 N R R O N O m a c CD Q c Ca a Z L a0U r- 'IT r0ITMco y r O (O 4M6M0).4 c m ¢ (D a 2 cu z (D L aU o r o 5 OO WNM V (n (01, 00 OOWNM VN0nO 0) m O fl CO CO CO CO 00 OD o 000D OD O O O O O OO O O (0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ` CD �2 cu (� CO 0)0 N M IT U)(Oh MO O N CO V Lo W O y m m m CO OD m m m m m YsI (� w LL (0 C L f0 L f0 L N L (0 L N l N L 07 L (0 L m L (0 l N L O) L m L W L (0 L (0 L L L ` > y ll N (D m o O } } } } } } } } } } } } } } } } } } } r, a ¢ y y y IL A LL y IL y LL y y V) U) IL I.L IL (L LL LL LL LL l IL I.L LL LL LL lL LL LL 0_ ATTACHMENT C Enclosure II Annual Percent Change in Population Minus Exclusions' January 1, 1996 to January 1, 1997 and Total Population January 1, 1997 Total County Percent Change — Population Minus Exclusions — Population City 1996-97 1-1-96 - 1-1.97 1-1-97 SAN LUIS OBISPO ARROYO GRANDE 2.75 14971 15383 15383 ATASCADERO 1.81 24423 24866 24866 EL PASO DE ROBLES 2.54 20227 20740 21639 GROVER BEACH 2.08 11961 12210 12210 MORRO BAY 1.41 9561 9696 9696 PISMO BEACH 2.28 8075 8259 8259 SAN LUIS OBISPO 1.62 41404 42074 42074 UNINCORPORATED 2.16 90556 92510 100021 COUNTY TOTAL 2.06 221178 225738 234148 ' Exclusions include residents in state mental institutions, federal military installations, and state and federal prisons. • Page 1 May 1, 1997 Enclosure I is a ATTACHMENT D A. Price Factor: Article )III B specifies that local jurisdictions select their cost -of -living factor to compute their appropriation limit by a vote of their governing body: The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage changes to be used in setting the 1997-98 appropriation limit are: Per Capita Personal Income Fiscal Percentage change Year (FY) over prior year 1997-98 4.67 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing.a 1997-98 appropriations limit. 1997-98: Per Capita Change = 4.67 percent Population Change = 1.35 percent Per Capita converted to a ratio: Population converted to a ratio: Calculation of factor for FY 97-98 4.67 + 100 100 = 1.0467 1.35 + 100 100 =1.0135 1.0467 x 1.0135 = 1.0608 • RESOLUTION NO.47-97 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the North Point sub -division requested the City of Morro Bay form a maintenance assessment district to fund the maintenance of the North Point Natural Area; and WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and WHEREAS, pursuant to Section 22623 the Act, the Engineer has filed in the Office of the City Clerk, and submitted for review to the City Council, a report entitled "Engineers Report North Point Natural Area Landscaping and Lighting Maintenance Assessment", June 16, 1997 prepared in accordance with Article 4 of the Act, commencing with Section 22565; and is ordinance pursuant to Section 22608.2 of the Act, the subdivider(s) were required by City ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the North Point Natural Area; and WHEREAS, pursuant to the intent of Article XIII, Section 4, of the California Constitution, the property owners have elected to form the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held July 28, 1997 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the North Point Natural Area are specified in the Engineer's Report dated June 16, 1997 which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $5,645 or $564.50 per assessable parcel for fiscal year 1997-98. 0 RESOLUTION 47-97 PAGE • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 23rd day of June 1997 by the following roll call vote: AYES: Anderson, Peirce, Peters, Novak NOES: None ABSENT: Elliott ATTEST: BRIDGE BAUER, CITY CLERK u.counciLms47.97 0 NVA� CATHY NO AK, MAYOR 0 CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT June 16, 1997 Prepared By: Steven J. Sylvester, City Engineer NORTH COAST ENGINEERING, INC. 725 Creston Road, Ste. B Paso Robles, CA 93446 n U CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT • Prepared By: Ezp.3lil/99 Steven J. S v st r City Engineer E 2 43 q�OF CA��EO� North Coast Engineering, Inc. Approved By: Andrea K. Lueker Director, Recreation and Parks Department City of Morro Bay • June 16, 1997 CITY OF MORRO BAY • CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT I. Project Description 1 It. Maintenance Tasks 1 III. Maintenance Costs 2 • Assessment Diagram 3 Maintenance Task List Attachment A Detailed Cost Analysis Attachment B Revisions to Cost Analysis Attachment C • Maintenance Assessment District Engineer's Report CITY OF MORRO BAY C1 CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT As a condition of approval for Tract No. 2110, the North Point subdivision, the developers were required to offer to the City for dedication Lot 11 of the subdivision for park purposes, and to construct improvements on Lot 11 including a paved parking area, a stairway providing access to the beach, benches, landscaping and irrigation, lighting, and other improvements. The subdivision was also conditioned to provide maintenance of the park by establishing an assessment district. Lot 11 of Tract No. 2110 is identified as the North Point Natural Area. • The owners of the ten residential lots within the North Point subdivision have requested that the City form a maintenance assessment district to fund the maintenance of the North Point Natural Area. u A list of maintenance tasks required to maintain the North Point Natural Area in acceptable condition for public use was developed by the City Recreation and Parks Department based on maintenance standards established for existing parks within the City and is included in this report as Attachment A. The estimated annual cost of maintaining the North Point Natural Area was developed by the Recreation and Parks Department based on the tasks required and the City's Flat Rate Manual for Parks Maintenance. The annual cost of maintenance is estimated to be $5,645.00. The detailed cost estimate is included in this report as Attachment B, with minor revisions to the estimate included as Attachment C. Maintenance Assessment District Engineer's Report 1 CITY OF MORRO BAY • n U • The total assessment for the District is apportioned to each of the ten residential lots equally. Lot 11, the North Point Natural Area; Lot 12, a private street; and Lot 13, an open space parcel to be granted to the State of California; are not assessed. Individual assessments are listed in the following table: Lot Number County Assessor's Parcel Number Annual Assessment 1 065-082-10 $ 564.50 2 065-082-11 $ 564.50 3 065-082-12 $ 564.50 4 065-082-13 $ 564.50 5 065-082-14 $ 564.50 6 065-082-15 $ 564.50 7 065-082-16 $ 564.50 8 065-082-17 $ 564.50 9 065-082-18 $ 564.50 10 065-082-19 $ 564.50 11 065-082-20 $ -0- 12 065-082-21 $ -0- 13 065-082-22 $ -0- 2 Maintenance Assessment District Engineer's Report CITY OF MORRO BAY • NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT H j } E 22 NO AREA GIVEN • ASSESSMENT DIAGRAM 1[i1ta131i71k19M, _ if1:7110=40 LEGEND 1. = LOT NUMBER 10 = COUNTY ASSESSORS PARCEL NUMBER 1 6 9 b F �ya4 18 ti �t 1 c �p (J A < I TRACT 2110 15 1 � 21 e,� i 4 •�: 3 Maintenance Assessment District Engineer's Report • ATTACHMENT A Dail NORTH POINT NATURAL AREA MAINTENANCE TASKS Review for vandalism/repair Pick-up - paper trash cigarette butts Empty - trash Scans Clean - benches fencing Check - beach access stairway bike rack lights planting hillside, erosion • Weekly Blow paths, parking lot Monthly Check new trees/stakes Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspections Annual Paint beach access stairway, public access signage New plantings (replacement) General safety inspection Annual tree pruning As Needed Remove graffiti Mow open space Pest/gopher control Trim and spray paths Repair public access signage • Ww/munciVclo4win ATTACHMENT B NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NOVEMBER 25, 1996 NAME: North Point Natural Area Landscaping and Lighting Maintenance Assessment District DIAGRAM: Attached PLANS AND SPECIFICATIONS: Attached. No bonds or notes will be issued for this Maintenance Assessment District. ESTIMATED COST OF MAINTENANCE: The following outlines the recommended budget for the first year of maintenance of the North Point Natural Area. Personnel Services Leadworker Director Repair and Maintenance Supplies Miscellaneous items to repair vandalism, lights, benches, stairway herbicides, etc. Insurance Public Utilities Repair and Maintenance Services Irrigation repair, stairway and bench repair. Blow parking lot/asphalt paths - 9,000 sq. ft. (maintenance standard - 9 min. per 1,000 sq. ft.) 9,000/1000 sq. ft., 9 x 9 = 81 min. 81/ 60 min. = 1.35 hr./wk. 1.35 hr./wk. x 26 wk. = 0 35 hr. $957.56 $150.00 $100.00 $500.00 ATTACHMENT B • 0 N. Point Natural Area LLMAD Page 2 Mowing -.5 acre (maintenance standards - .5 hr./acre) .5 acre x .5 hr. = .25 hr. x 8 times each year = 2 hr. Trimming & Spraying Paths, Beach Access Stairway - 3,000 sq. ft. (maintenance standard - 60 minutes/1,000 sq. ft. ) 3,000/1,000 = 3 x 60 min. = 180 min. 3 hr. x 6 times each year = 18 hr. Litter Pick -Up - 1.3 acre (maintenance standard - 2 acres per hour) 1.3 acre/2 = .65 hr./wk. x 26 wk. = 17 hr. Total Hours 72 hr. Maintenance Worker 11, 72 hr. x $50.52/hr. = $3,637.44 Total Assessment Estimate $5,645.00 Per Parcel Yearly Assessment $5,695.50/10 parcels $564.50 a.nrpteng.doc ATTACHMENT C • CITY OF MORRO BAY RECREATION AND PARKS DEPARTMENT MEMORANDUM TO: STEVESYLVESTER 1� ;V J FROM: ANDREA LUEKE DATE: 06/02/97 SUBJECT: CLARIFICATION ON ENGINEERS REPORT FOR NORTH POINT mLam= First I have listed the changes to the Engineers Report. Anything that I have not listed is to remain the same. Personnel Services • Director -Inspection 15 min./mth. X 12 mths. = 3 hrs. X $64.90 = $194.70 Leadworker-Inspection 1 hr./mth. X 12 mths. = 12 hrs. X $63.57 = $762.84 Total Personnel Services $957.54 Repair and Maintenance Supplies $150.02 Miscellaneous items to repair vandalism, lights, benches, stairway, herbicides, etc. Litter Pick-up - 1.3 acres (maintenance standard - 2 acres per hour, however due to the topography of this area, the maintenance standard can be increased to 4 acres per hour) 1.3 acre/4 = .325 hr./wk x 52 weeks = 17 hr. As we discussed, I am planning on writing the staff report after you revise the Engineers Report and "stamp it". In my staff report I will indicate this park is a "B" level or a "C" level as related to the Standard Operating Procedures, Section 078 1 -Maintenance Levels for Parks and Areas. I have also included two maps for your information. Give me a jingle with any • questions. Thanks w.misc.nrtptcng.doc • RESOLUTION NO.46-97 A RESOLUTION OF THE CITY OF MORRO BAY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE COASTAL RESOURCES GRANT PROGRAM UNDER SECTION 35030/35031 OF THE PUBLIC RESOURCES CODE FOR THE QUINTANA ROAD RIPARIAN CORRIDOR ENHANCEMENT PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Legislature of the State of California has enacted AB 1431 (Chapter 977 of the Statutes of 1996), which is intended to provide grant funds to coastal cities and counties affected by the impact of offshore energy developments for projects to enhance the management of coastal resources; and WHEREAS, the Resource Agency has established the application procedures and criteria for reviewing grant proposals from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and isWHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the coastal resources project; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay: 1. Approval for the filing of an application for the Coastal Resources Grant Program for grant assistance. 2. Certification that said applicant will make adequate provisions for operation and maintenance of the project. 3. Appointment of the Public Works Director as agent of the City of Morro Bay to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of June, 1997 by the following vote: AYES: Anderson, Peirce, Peters, Novak NOES: None ABSTAIN: None ABSENT: Elliott . /, CATHY NOVAK, ayor ATTEST: BRIDGETTAUER City Clerk NOV-12-1996 09:22 FROM NORTH COAST ENG.INC TO 772626E P.02 \\ \ ',�131 NN �.� \ \ y OZ /\ 1 s \ \ \ , PROPOSED �I r '� \ \ 12' EXTENSION TO EXISTING BOX CULVE`f T \ \ AI / N�'�S ia! \ \ \) IN cv� 11 - X�l all ti • )\ \11\;�1lllllj III\ �' � j ///l -�.� - ba'-a--------T� �� , II , 11 111- _� � � / / •� � PRO�'E�I f `Q�d't o� i FOIL xcQUISITlOt +,II Ili ,1j11� / /'• O // // % / t�Oxy\BU �9\0-91KF.GwG I / ft/OB/98 • Acquisition Property looking from Quintana Road Acquisition Property looking north from South Bay Bvld. �� � � • . ... _. 1 y. 'I 1 � � � Frtld�y�y7uk F n �n�jv����}r�^�.`}�.'3'Cferi i�ry� � tea_. a iY�.�.j �y�`il��''4 � *� ' �I�x"� � � 9 X�F�, �� r4Y .. mo-�^. _ -: I � ' - - '\-'��'�4 '� �. E: � � � •, < • �. r= _ 1 �` a -�i » 12 t . .,� r, .9, a ._ .. � t"- ..Sra � t" Y „K -ram ' 4 t r 3V�c+'k�'dc. c �� _ti �. i ., _, .., ,.. i } �� l - \.� - IS r .'� �� �AJ M1 C t 4` 1 it .. A -� L � . ..' � �� w,l����� ' �. 0 RESOLUTION NO. 45-97 RESOLUTION APPROVING AGREEMENT WITH SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO INCREASE THE RELIABILITY OF STATE WATER the City Council, City of Morro Bay, California WHEREAS, the City of Morro Bay has contracted with the San Luis Obispo County Flood Control and Water Conservation District (District) for 1,313 acre feet of water from the State Water Project (SWP); and WHEREAS, annual deliveries from the SWP are subject to reductions due to climatic and other conditions beyond the control of the City; and WHEREAS, it is critical for the health and welfare of the citizens of Morro Bay to maximize the reliability of SWP deliveries; and WHEREAS, the District has agreed to enter into an Agreement to increase the availability of SWP deliveries for the years 1997 and 1998; and WHEREAS, it has been determined to be in the best interests of the community to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that the • Agreement to Increase the Availability of State Water to the City of Morro Bay, as prepared by the District, is hereby approved; and BE IT FURTHER RESOLVED the Mayor is hereby authorized to execute said Agreement reflecting this approval. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting therefor held on the 9th day of June, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETT AUER City Clerk • D o-u- - CATHY NO AK, Mayor 0 RESOLUTION NO. 44-97 RESOLUTION AUTHORIZING THE ALLOCATION OF MONIES FROM THE TRANSIENT VENDOR TAX FUND TO PERFORM IMPROVEMENTS ALONG MORRO BAY BOULEVARD the City Council, City of Morro Bay, California WHEREAS, Morro Bay Boulevard has been the site for the arts and crafts fairs featuring transient vendor sales; and WHEREAS, the improvement of Morro Bay Boulevard is of general benefit to all businesses in the area, including transient vendors; and WHEREAS, the use of the proceeds from the Transient Vendor Tax for improvements to Morro Bay Boulevard is therefore appropriate; and WHEREAS, improvements to Morro Bay Boulevard have been identified by the City Council and authorized to be performed at it's regular meeting of June 9, 1997, and WHEREAS, it is in the best interests of the public to allocate monies from the Transient Vendor Tax fund to accomplish said improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California that an allocation in the amount of $2,700 from the Fiscal Year 1996-97 balance of the Transient • Vendor Tax fund be approved and directed; and BE IT FURTHER RESOLVED the City Finance Director is hereby authorized and directed to perform such adjustments to the Fiscal Year 1996-97 budget as necessary to reflect this action. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 9th day of June, 1997 by the following vote: AYES: Anderson, Elliott, Novak NOES: Peirce, Peters ABSENT: None ABSTAIN: None CATHY N VAK, Mayor ATTEST: ouxlt�/ BRIDGET AUER, City Clerk 0 RESOLUTION NO. 43 - 97 RESOLUTION REMOVING DESIGNATED LOADING ZONE ON MORRO BAY BOULEVARD EAST OF MONTEREY AVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Vehicle Code and Chapter 10.36 of the Morro Bay Municipal Code, authorize designation of parking restrictions on any street within the jurisdiction of the City of Morro Bay; and WHEREAS, Resolution No. 34-95 did establish a loading zone on Morro Bay Boulevard east of Monterey Avenue; and WHEREAS, it has been determined that a loading zone is no longer the best use of the space available for parking along Morro Bay Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the loading zone on Morro Bay Boulevard east of Monterey Avenue, as shown in Exhibit "A", be removed, and that portion of the street be designated as a two-hour parking zone, as is the rest of the block. BE IT FURTHER RESOLVED that the Department of Public Works be authorized and directed to cause the • installation and/or removal of appropriate signs and markings in accordance with these designations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th day of June, 1997, by the following vote: AYES: Anderson, Elliott, Novak NOES: Peirce, Peters ABSENT: None ATTEST: 0 CATHY NOV K, Mayor L d m T I 1 w�/ EX N l lT �,, • CITY COUNCIL RESOLUTION NO. 42-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1997-98 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, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council recognizes that Capital Improvement Projects authorized and approved in prior fiscal years (1995-96 and 1996-97) may not be completed by June 30, 1997; and WHEREAS, the City Council acknowledges the continuing efforts of staff to operate within an approved budget and manage savings wherever feasible. NOW THEREFORE, BE IT RESOLVED: 1) The Fiscal Year 1997-98 Operating and Capital Improvement Budgets are adopted as presented in the proposed budgets and subsequent amendments including those made during this meeting (See Attachments A & B); and 2) Staff is directed to prepare and publish a final budget document. • 3) The City Administrator is authorized to transfer appropriations anywhere within the • L J u City Council Resolution No. 42-97 June 9, 1997 adopted budget so long as the total authorized appropriations are not exceeded. Otherwise, budgetary control is intended to be at the division level appropriations total for operating budgets and at the project level for capital improvement projects, with line item changes administratively reviewed and approved. 4) The City Council authorizes and directs the transfer of the balance of project appropriations approved in fiscal years 1995-96 and 1996-97, but not completed by June 30, 1997, to the Capital Improvement Project Fund(s) for Fiscal Year 1997-98. 5) The City Council authorizes a loan of $130,848 from the Wastewater Capital Accumulation Fund (Fund 952) to the Wastewater Collection Revenue Fund (Fund 321). Said loan is to be repaid with 5% annual interest from future Wastewater Collection Service Fees, as soon as possible. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9th day of June, 1997, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None City Clerk awr�wrnmvmonnccrv� THY NOVAK, Mayor Attachment A • • City of Morro Bay Fiscal Year 1997-98 Budget Summary of Budget By Fund FY 1997-98 FY 1997-98 Surplus/ Appropriations Estimated Revenues (DEFICITI 001 General Fund 6,323,519 6,331.363 7,844 115 Trolley Operating Fund 0 0 0 199 Curbside Recycling Fund 0 0 0 250 State Gas Tax Fund 197,584 197,584 0 280 Traffic Safety Fund 20,000 20,000 0 299 Parkin In -Lieu Fund 3,000 0 3,000 301 Dial -A -Ride Fund 280,233 280,233 0 311 Water Revenue Fund 3.645,295 3,645,295 0 321 Sewer Revenue Fund 1,025,848 895,000 130,848 331 Harbor Operating Fund 1,002,000 1,002,000 0 333 CC1 Slip Fund 8,000 8,000 0 511 Tree Replacement Expend Trust 0 0 0 550 Mimosa St AD Redemption Fund 12,480 18,480 6,000 551 Mimosa St Supp AD Redemp Fund 16,800 16,800 0 565 North Point Assessment Dist. 5,645 5,645 0 599 MB-C Wastewater Treatment Plant 909,425 909,425 0 951 Water Capital Accum Fund 0 116000 116,000 952 Wastewater Capital Accum Fund 0 65,,000 65,000 Total 1 13,449,829 13,510,825 160,996 SUMMCO98.WK4 - 06/20/97 - 07:27 AM Attachment B City of Morro Bay Department Budget Summary By Fund Fiscal Year 1997-98 Appropriations Personnel Capital Non -Specified Total 5etvices Suvvlies Svndces Outlay DebLSvc. Transfers Budaet Cuts Aooron UENERALFUNQ ADMINISTRATION: City Council 33600 9,250 33,065 0 0 0 0 75915 City Administrator 161,428 5.373 15,827 0 0 0 0 182,628 Elections 0 0 0 0 0 0 0 0 Personnel 84,162 2.700 37,287 0 0 0 0 124,149 Community Promotions 0 700 65,800 0 0 0 0 66,500 City Attorney 01 0 50,ODOI 0 01 01 0 50,000 FINANCE: Accounting & Treasury 296,548 7,860 71,846 0 0 0 0 376,254 Information Services 25,000 1.425 11,950 0 0 0 0 38,375 POLICE 1,560,040 51.175 189,756 0 29,657 0 0 1,635 628 FIRE 834758 25,340 52,715 0 55,368 0 1 2,ODOI 956,181 ELANNMRd BUILDING Planning 8 Building 270842 6.740 90766 0 0 0 9500 358,848 Planning Commission 0 0 4,400 0 0 0 0 4,400 PUBLIC WORKS En inert Administration 303023 3,605 37,494 0 0 Ol 0 344,122 Vehicle Maintenance 48,278 4.360 8,448 0 0 0 0 61,086 Streets 95 841 52.450 165,9311 0 0 0 0 314,222 TrolleyOperations 0 3,550 10,550 0 0 0 0 14,100 urbside Re cli 0 0 81,108 0 0 0 0 81,108 REGREAIIW Administration 118,349 2.700 20,608 0 0 0 0 141 557 Recreation Commission 0 0 200 0 0 0 0 200 Sports 117,379 18,200 27,351 0 0 0 0 162,930 Youth Services 108.821 13,165 12,007 0 0 0 0 133,993 Facilities 203,364 26,700 41,434 21,000 172,220 0 0 464,718 Parks 148,2171 13,200 28,7001 0 0 0 0 190,117 NON -DEPARTMENTAL City Facilities Div 7210 0 0 34.000 0 0 0 01 34,000 Utilities Div 7220 0 0 67,300 0 0 0 0 67,300 Contract Services Div 7230 County -wide Visitors/Conf Bureau 0 0 35,500 0 0 0 0 35.500 Chamber of Commerce Local Visitors But 0 0 57,950 0 0 0 0 57,950 Spay/Neuter Program 0 0 2,000 0 0 0 0 2,000 Animal Control Services of 0 15,000 0 0 0 0 15,000 Street Li hti Div 7240 0 0 74,7001 0 0 0 0 74,700 Aid To Other A encies Div 7310 0 0 8.975t 0 0 0 0 8,975 Transfer to Transit Fund Div 7710 0 0 0 0 0 55.963 0 55.963 Transfers to Capital Improvement Fund 0 0 0 0 0 0 0 0 0 GENERAL FUND TOTA %650 248,491 1,352,66a ZI= 26LM 65,46 _ 60. o.3 • XRECAP98.WK4 O6f20l97 07:30AM Attachment B City of Morro Bay Department Budget Summary By Fund Fiscal Year 1997-98 Appropriations Personnel Capital Non -Specified Total Services Res Service QLdlay Detri Syc Transfers Ru et.C.uts AP rop. GAS TAX FUND 0 0 0 0 0 197,684 0 197,584 TRAFFIC SAFETY FUND 0 0 0 0 0 20 000 0 20 000 PARKING INAIEU FUND 0 0 3,000 0 0 0 0 3,000 0 17,306 207,656 0 0 55,372 0 280,233 WATER REVENUE M11 Accounting 8 Treasury 0 3,ODO 16,500 0 0 0 0 19,500 Water Operations 295,359 60,025 2,312,852 0 541,332 416.227 0 3,625,795 WATER REVENUE FUND TOTALS: 295.359 63.025, 2X9,352 Q 541.332 416.227 0 3.645.265. WASTEWATER COLL REV FUND Accounting 8 Treasury 0 3,ODO 12.000 0 0 0 0 15,000 Collections Operations 97,633 13,650 41,115 0 0 858,450 0 1,010,848 WASTEWATER COLL REV TOTALS: 97.633 16,650 53.116 Q Q 858.450 Q 1.026.848 HARBORFUND 381,429 40,000 186,0"l 2,000 131,527 262,000 1.002,000 CC1 SLIP FUND 0 0 4,000 0 4,000 0 0 8,000 MIMOSASTREETA•D- 0 0 0 0 12ASO 0 0 12,480 MIMOSA STREET SUPP A.D. 0 0 0 0 16,800 0 0 16,800 NORTH POINT A-D- 4,595 150 900 0 0 0 0 5 646 WWIP FUND 359,180 1108,686 332,414 6,500 0 102,7361 0 909426 SUB.TOTAL_QTlIERRINDS. 1.531JU ;ZMWI 5.49LM LM 1.24MU 3.18L046. Q Z.126.314 RAND TOTAL ALL FUNDS: §.MQ.Ml 5L3.M I 5.85Q.5_18 2%M 16Q4Z16 3.243.444 21,50 13,449,829 �J XRECAP98.WK4 O6/M7 07:30AM • RESOLUTION NO. 41-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE 1997-98 MASTER FEE SCHEDULE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of providing those services; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from user fees and user charges which do not exceed the cost of providing the regulation, product or service do not constitute "proceeds of taxes" ; and WHEREAS, the City has reviewed its fees, taking into account the annual changes in personnel costs, supply costs, and other costs and finds that the proposed fees are in all cases no more than the actual costs of providing the related services; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for annual review of the Master Fee Schedule by the City Council and for the adoption of such fees by City Council Resolution; and WHEREAS, the City Council adopted the Fiscal Year 1997-98 Master Fee Schedule by Resolution No. 19- 97; and WHEREAS, the City Council finds that it is necessary to amend that Master Fee Schedule by adding the Water Service Application Fee; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fiscal Year 1997-98 Master Fee Schedule is amended by adding the Water Service Application Fee at the rate of $25.00 per application, as provided for in the Municipal Code. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9th day of June, 1997, by the following vote to wit: AYES: NOES: ABSENT: Anderson, Elliott, Peirce, Peters, Novak None None &-�V* ��� BRIDGEBAUER, City Clef, C✓ m .Ax_ CATHY NOVAK, Mayor • RESOLUTION NO. 40 - 97 RESOLUTION DESIGNATING THE INTERSECTIONS OF MORRO BAY BOULEVARD - SHASTA AVENUE, AND MORRO BAY BOULEVARD - MONTEREY AVENUE AS STOP INTERSECTIONS, AND AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON ALL ENTRANCES TO SAID INTERSECTIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the intersections of Morro Bay Boulevard - Shasta Avenue, and Morro Bay Boulevard - Monterey Avenue are under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, it has been determined to be in the best interest of public safety, health, and welfare to install stop signs at said intersections; and WHEREAS, California Vehicle Code Section 21354 provides for the installation of stop signs through the designation of said intersections as stop intersections. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the intersections of Morro Bay Boulevard - Monterey Avenue, and Morro Bay Boulevard - Shasta Avenue, be designated • as stop intersections, and that stop signs be erected at all entrances thereto; and BE IT FURTHER RESOLVED that the Department of Public Works be authorized and directed to cause the installation of appropriate signs and markings in accordance with these designations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th day of June, 1997, by the following vote: AYES: Anderson, Elliott, Novak NOES: Peirce, Peters ABSENT: None ATTEST: 0 �, 3NJ4� CATHY NOVA , Mayor • Return to CaIPERS - Unit M Employer Code: 0531 RESOLUTION NO. 39-97 RESOLUTION ADOPTING EMPLOYER PICKUP RESOLUTION PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) THE CITY COUNCIL City of Mono Bay, California WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CaIPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414(h)(2); and WHEREAS, the City of Mono Bay has the authority to implement the provisions of IRC section 414(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to the employees who are members of CaIPERS; and WHEREAS, the City of Mono Bay elects to participate in the pre-tax payroll deduction plan for all employees in the following CaIPERS coverage group(s): • Miscellaneous 70001 Police 75001 Fire EMT 74001 NOW, THEREFORE, BE IT RESOLVED: I. That the City of Morro Bay will implement the provisions of IRC section 414(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of CaIPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CaIPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases thereby resulting in tax deferral of employee contributions. 11. That the contributions made by the City of Morro Bay to CaIPERS, although designated as employee contributions, are being paid by the City of Morro Bay in lieu of contributions by the employees who are members of CaIPERS. III. That the employees shall not have the option of choosing to receive the contributed amount directly instead of having them paid by the City of Morro Bay to CaIPERS. IV. That the City of Morro Bay shall pay to CaIPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. 0 Resolution No. 39-97 • Page 2 V. That the effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than July 1, 1996, or the date the completed resolution is received and approved in CalPERS, whichever is later. VI. That the governing body of the City of Morro Bay shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CalPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting hereof held on the 9th day of June, 1997. AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: •BRIDGETOBAUER, City Clerk RETURN ADDRESS: Personnel Office City of Morro Bay 595 Harbor St. Morro Bay, CA 93442 1.rr7 g' Q ..AILS CATHY N VAK, Mayor FOR CALPERS USE ONLY Pre-tax Payroll Deduction Plan Effective Date: Approved by: Title: 0 MEMBER SERVICES DIVISION, Service Credit Section - Unit 830 • RESOLUTION NO. 38-97 (b) CLARIFYING APPROVAL OF THE PARTICIPATION OF THE CITY OF MORRO BAY IN THE CENTRAL COAST RECYCLING MARKET DEVELOPMENT ZONE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Integrated Waste Management Act of 1989 (AB939) and companion legislation designed to promote recycling market development have established a Recycling Market Development Zone Program for the State; and WHEREAS, the success of State-wide implementation of the California Integrated Waste Management Act of 1989 is directly related to the development of additional markets for post consumer waste materials; and WHEREAS,the Counties of Monterey, San Benito, San Luis Obispo, and Santa Cruz, and the Cities of Hollister and Watsonville made joint application on November 2, 1992, to the California Integrated Waste Management Board (CIWMB) for designation of the Central Coast Recycling Market Development Zone (CCRMDZ); and • WHEREAS, designation of the CCRMDZ was approved by the CIWMB on August 25, 1993; and WHEREAS,the original application materials were not clear as to: the intent of the various jurisdictions to participate in the CCRMDZ; the authority of the co -applicants to apply on behalf of all jurisdictions; whether the jurisdictions agreed to the zone structure established at the time of application; and the geographical areas to be included in the CCRMDZ; and that: WHEREAS, the CIWMB finds it necessary to clarify these matters; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay The current waste management practices and conditions in the City of Morro Bay are favorable to the development of post consumer waste material markets. 2. The designation of the City of Morro Bay as a recycling market development zone is necessary in order to assist in attracting private sector recycling investments to the area. The City of Morro Bay hereby affirms its status as a participating jurisdictions within the CCRMDZ at the time of application for designation as a zone. . 4. The City of Morro Bay hereby affirms authorization given to the co -applicants to apply to the CIWMB on behalf of the City of Morro Bay. Resolution No. 38-97 Page Two • • • 5. The City of Morro Bay hereby agrees to the zone structure established at the time of application for designation of the CCRMDZ. 6. The City of Morro Bay hereby designates the entire geographical area within the City limits as part of the CCRMDZ. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of June 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None a� CATHY NO AK, Mayor ATTEST: 116 Resolution No. 38-97 Clarifying Approval of the Participation of the City of Morro Bay in the Central Coast Recycling Mar6t Development Zone 0 RESOLUTION NO. 38-97 (a) RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR A TRAFFIC SIGNAL ON HIGHWAY 1 AT YERBA BUENA STREET the City Council, City of Morro Bay, California WHEREAS, the installation of a traffic signal on State Highway 1 at the intersection of Yerba Buena Street has been identified as a priority for public health and safety; and WHEREAS, said intersection is under the jurisdiction of the State of California Department of Transportation (STATE); and WHEREAS, the STATE has prepared a Cooperative Agreement for the installation and maintenance of said signal for funding in fiscal year 1997-98 (District Agreement #05-CA-0067); and WHEREAS, it is in the best interests of the citizens of Morro Bay to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that said • Cooperative Agreement between the City and STATE is hereby approved. BE IT FURTHER RESOLVED the Mayor is hereby authorized to execute documents necessary to reflect this approval. PASSED AND ADOPTED by the City Council at a regular meeting held thereof on the 27th day of May, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGET AUER, City Clerk 0 CATHY NOVAK, Mayor 05-SLO-001-31.9 05-250-449100 Signals/Channelization • Dist Agreement #05-CA-0067 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and CITY OF MORRO BAY, a body politic and a municipal corporation of the State of California, referred to herein as "CITY" RECITALS (1) STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130 are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. (2) STATE and CITY contemplate installing traffic control signal and �afety lighting and performing roadwork on Route 001 at Yerba Buena (PM '1.9), in the City of Morro Bay, in San Luis Obispo County, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed and maintained. SECTION I STATE AGREES: (1) To provide all necessary preliminary engineering, including plans and specifications, and utility identification and location, and all necessary construction engineering services for PROJECT and bear STATE's share of the actual expense thereof. Estimates of such costs are shown on Exhibit A, attached and made a part of this Agreement. (2) To construct PROJECT by contract in accordance with the plans and specifications of STATE. (3) To pay $120,000 from 1997/98 FY Minor A funds towards construction costs of PROJECT. Said amount represents fifty percent (50%) of the estimated signal and lighting related construction cost and one hundred percent (10016) of the estimated roadwork construction cost. In no event shall STATE's total obligation for construction costs under this Agreement, xcluding costs referred to in Section III, Article (9), exceed the amount of $132,000, provided that STATE may, at its sole discretion, in writing, authorize a greater amount. Page 1 of 7 District Agreement #05-CA-0067 (4) Upon completion of PROJECT and all work incidental thereto, to furnish CITY, with a detailed statement of the portion of the engineerin and construction costs to be borne by CITY, including resolution of an construction related claims which have been allowed to the construction contractor. STATE thereafter shall refund to CITY promptly after completion of STATE's final accounting of PROJECT costs, any amount of CITY's deposit required in Section II, Article (1) remaining after actual costs to be borne by CITY have been deducted, or to bill CITY for any additional amount required to complete CITY's financial obligations pursuant to this Agreement. (5) To maintain the traffic control signal and safety lighting as installed and pay one hundred percent 100% of the maintenance costs. (6) To operate the traffic control signal as installed and pay 100% of the operation cost. (7) To furnish the traffic signal control equipment for PROJECT. This equipment shall consist of signal controller unit and signal control cabinet. The estimated cost of this STATE furnished equipment is $9000 and the actual cost to STATE shall be deducted from STATE's share of PROJECT costs. SECTION II CITY AGREES: • (1) To deposit with STATE within twenty-five (25) days of receipt of billing therefor (which billing will be forwarded fifteen (15) days prior to STATE's bid advertising date of a construction contract for PROJECT), the amount of $87,000, which figure represents CITY's estimated share of the expense of preliminary engineering, construction engineering, and construction costs required to complete PROJECT, as shown on Exhibit A. CITY's total obligation for said anticipated PROJECT costs, exclusive of claims and excluding costs referred to in Section III, Article (9), of this Agreement shall not exceed the amount of $95,700, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) CITY's share of the construction cost for the signal and lighting portion of PROJECT is estimated to be $60,000, shall be an amount equal to 5016 of the total actual signal and lighting related construction costs, including the cost of construction related claims, the cost of STATE defense of any of those claims and the cost of STATE -furnished material, if any, as determined after completion of work and upon final accounting of costs. (3) CITY's share of the expense of preliminary engineering shall be an amount equal to fifty percent (50%) of STATE's actual costs for preliminary engineering for the entire PROJECT. (4) CITY's share of the expense of construction engineering shall bF an amount equal to fifty percent (50%) of STATE's actual costs construction engineering for the entire PROJECT. Page 2 of 7 District Agreement #05-CA-0067 (5) To pay STATE upon completion of all work within twenty (20) days �f receipt of a detailed statement made upon final accounting of costs herefor, any amount over and above the aforesaid advance deposit required to complete CITY's financial obligation pursuant to this Agreement. (6) To pay 10016 of the electrical energy costs for the traffic control signal and safety lighting. SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) STATE shall not award a contract for the work until after receipt of CITY's deposit required in Section II, Article (1). (3) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (4) After opening of bids for construction of PROJECT CITY's estimate of cost will be revised based on actual bid prices. CITY's required deposit under Section II, Article (1) above will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $1,000 no refund or demand for additional deposit will be made until final accounting. (5) After opening bids for construction of PROJECT and if bids indicate a cost overrun of no more than ten percent (1016) of the estimate will occur, STATE may award the contract. (6) If, upon opening of bids, it is found that a cost overrun exceeding ten percent (10%) of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. If, after twenty-five (25) days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (8) of this Section III. (7) Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice, provided CITY pays STATE for all project related costs incurred by STATE prior to termination. (8) If termination of this Agreement is by mutual consent, STATE will bear fifty percent (50%) and CITY will bear fifty percent (50%) of all AWROJECT related costs incurred by STATE prior to termination, except that any utility relocation costs shall be prorated in accordance with STATE's responsibility for utility relocation costs. Page 3 of 7 District Agreement #05-CA-0067 (9) If existing public and/or private utilities conflict with PROJECT construction or violate STATE's encroachment policy STATE shall make all necessary arrangements with the owners of such utilities for thei protection, relocation or removal. STATE shall inspect the protection, relocation or removal. If there are costs of such protection, relocation or removal which the STATE and CITY must legally pay, STATE and CITY shall share in the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of fifty percent (50%) STATE and fifty percent (50%) CITY. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE's policy and procedure. (10) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in the CITY. No further agreement will be.necessary . to transfer ownership as herein stated. (11) The cost of any engineering or maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. (12) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of Stat • highways different from the standard of care imposed by law. (13) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (14) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to State under this Agreement. Page 4 of 7 District Agreement #05-CA-0067 (15) In the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer, and CITY may, *t no cost to STATE, furnish a representative, if it so desires, and said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail. (16) Execution of this Agreement by CITY grants to STATE the right to enter upon CITY owned lands to construct PROJECT. (17) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT, by STATE or on December 31, 1999, whichever is earlier in time; however, the ownership, operation, maintenance, liability and claims clauses shall remain in effect until terminated, or modified, in writing, by • Page 5 of 7 District Agreement #05-CA-0067 mutual agreement. Should any construction related claim arising out of this project be asserted against STATE, CITY agrees to extend the termination dat of this Agreement and provide additional funding as required to cover CITY'N proportionate share of costs or execute a subsequent agreement to cover those eventualities. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation 0 Kenneth G. Nelson District 5 Director Date: Approved as to form & procedure By Attorney, Department of Transportation Certified as to form & procedure Accounting Administrator Certified as to funds By D. L. Baldridge Budget Manager Approved WN Gordon A. Marts Interim District Director District 6 Central Region Date: CITY OF MORRO BAY 595 Harbor Street Morro Bay CA 95060 By CJ + NN k- Mayor��n Date: _qql Attest: 1 InV` By City Cl r Date: fflow, 21 M-7 Approved as o form & procedure By City Attorney Approved as to content By: Public Works Director • Page 6 of 7 • District Agreement #05-CA-0067 05-SLO-001-31.9 OS-250- Signals/Roadwork EXHIBIT A ESTIMATE OF COST DESCRIPTION Total Est. State's City's Cost Share Share Construction Cost Signals $120,000 Roadwork 60,000 Subtotal $180,000 Total Estimated Project Cost $180,000 Preliminary Engineering (Estimated) 14% +/- $ 25,200 Construction Engineering (Estimated) 1696 +/- $ 28,800 • $ 60,000 $ 60,000 60,000 -0- $120,000 $ 60,000 $120,000 $ 60,000 $ 12,600 $ 12,600 $ 14,400 $ 14,400 Total (Estimated) $234,000 $147,000 $ 87,000 Page 7 of 7 • RESOLUTION 37-97 APPROVING AN AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE STATE DEPARTMENT OF PARKS AND RECREATION FOR CONSTRUCTION OF IMPROVEMENTS TO STATE PARK ROAD THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay (City) currently has a construction contract for completion of the Chorro Creek Bridge and South Bay Boulevard adjacent to State Park Road; and WHEREAS, the State Department of Parks and Recreation (State) desires to improve a portion of State Park Road between South Bay Boulevard and Park View Road to provide flood protection equal to that provided by City's improvements to South Bay Boulevard; and WHEREAS, the State has requested that the City issue a Change Order to the construction contract for the State's improvements, subject to full reimbursement by the State via Standard Contract No. C964g00g. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California that the Wreement between the City and the State if 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 27th day of May, 1997, bu the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NO%\K, Mayor ATTEST: SPRIDGET70AUER, City Clerk WLB: F:BI LL:STREETS:TWINBR:RES03797 CONTRACT NUMBER AM. NO. STATE OF CALIFORNIA STANDARD AGREEMENT— APPROVEDBY GENTHEERAL C9649009 ATTORNEY GENERAL TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER STD, - (REV.5-911(Ew1 5.0) TF"REEMENT, made and entered into this FIFTH day of MAY ,19 9 in hate of California, by and between State of California, through its duly elected or appointed, qualified and acting —..._...._ . _.. --.- DIRECTOR IDEPARTNMNT OF PARKS AND RECREATIONhereafter caned the State, and :ONTRACTOft'S NAME CITY OF MORRO BAY hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, ifanv.) Contractor shall authorize a Change Order to Contractor's existing contract for construction of Chorro Creek Bridge on South Bay Boulevard for construction of improvements to State Park Road from South Bay Boulevard to Park View Road. Construction shall be in accordance with Exhibit I "Change Order No. CCO-ADD-006, State Park Road Reconstruction". Upon completion the State shall reimburse Contractor within 15 days of invoice for the actual costs of construction, engineering and administration as itemized in Exhibit II Project Budget. The total amount of this agreement shall be Eighty Nine Thousand Nine Hundred Forty Three and 00/100 Dollars ($89,943.00), including all applicable taxes and other expenses. The California State Parks representative for this project is Mr. Daryl Mullikin, District Maintenance Chief, San Luis Obispo Coast District, 3220 South Higuera, Suite 311, San Luis Obispo, Ca. 93401, telephone number 805 549-3312. Contractor shall complete construction within 15 working days after State completes removal of designated trees and obtains necessary permits. • CONTINUED ON 0 SHEETS. EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBI The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (IroN Men en indivtlwl AMM ~W a COn)CnIO)n. Pa'ol>ahio, Nc.l DEPARTMENT OF PARKS AND RECREATION CITY OF MORRO BAY BY (AUTHORIZED SIGNATURE) BY (AUTHORIZED SIGN TURwEj) ► II► 1Y PRINTED NAME OF PERSON SIGNING M NAME AN OF PERSON SIGNING Mr 44NOVAL Ma TIRE ADDRESS 695 HARBOR STREET, MORRO BAY, CA 93442 AMOUNT ENCUMBERED BY THIS 1 PROGRAMICATEGORY(CODE ANOTITLE) I FUNDTTTLE I Department or General Services DOCUMENT ! SUPPORT I GENERAL use only $ 89 943.00 (OPTIONAL USE) N/A PRIOR AMOUNT ENCUMBERED FOR THIS THIS CONTRACT I, rITEM I CHAPTER STATUTE FISCAL YEAR $ 3790-001-0001 a 96/97 I 96 TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE) DATE $ 1745-357,32-12299 Dy candy upon my own personal knowledge that budgeted funds T.B.A. NOR. NO. eilabls for the psnod and purpose of the expanddure stated above. SI ATURE OF ACCOUNTING OFFICER DATE 13 CONTRACTOR ❑ STATE AGENCY ❑ DEPT. OF GEN. SER. 0 CONTROLLER I] STATE OF GAUFORNIA STANDARD AGREEMENT STD. 2 (REV.541) (REVERSE) (Ex i 5,0) • l• The Contractor and the State will each he responsible for its own negligence in the performance of this contract and for any resulting injury or property damage, each party agreeing to indemnify, defend and hold the other party harmless from claims or damages or injury resulting from its own sole negligence in the performance of this contract 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the convenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4, Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part S. Time is of the essence in this agreement 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. • �• The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per • 9181014 STATE OF CAUFORNIA STANDARD AGREEMENT STD. 2 (REV.581) (REVERSE) (Ea 5.01 • 1. The Contractor and the State will each be responsible for its own negligence in the performance of this contract and for any resulting injury or property damage, each party agreeing to indemnify, defend and hold the other party harmless from claims or damages or injury resulting from its own sole negligence in the performance of this contract 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. I The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the convenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement and the balance, if any, shall be paid the Contractor upon demand. ;• Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part 5. Time is of the essence in this agreement 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on • any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per • 91 91014 State of Califomm • The Reeeureea Agency DEPARTMENT OF PARKS AND RECREATION STD. 2 PROVISIONS Local Entity Page i_ STANDARD AGREEMENT NO. I CONTRACTOR C96 49009 j CITY OF MORRO BAY Nondiscrimination Clause: During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900 (a-0, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereto as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. Americans With Disabilities Act: By signing this contract, Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12100 et seq.) which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. Oast Audit Of Contract Records: The Contractor is hereby advised that all contracts involving the expenditure of State funds Orecess of ten thousand dollars ($10,000.00) are subject to the examination and audit of the Auditor General for a period of (3) years after final payment under the contract. Therefore, if the total amount of this agreement exceeds $10,000, the contracting parties shall retain their contract records for potential audit for the three year period stated above. Drug -Free Workplace Certification: By signing this contract, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug -free workplace by taking the following actions: 1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions taken against employees for violations, as required by Government Code Section 8355(a). 2) Establish a Drug -Free Awareness Program as required by Government Code Section 8355 (b) to inform employees about all of the following: a) the dangers of drug abuse in the workplace; b) the person's or organization's policy of maintaining a drug -free workplace; any available counseling, rehabilitation and employee assistance programs; and, c) penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355 (c), that every employee who works on the proposed contract: a) will receive a copy of the company's drug=free policy statement: and, b) will agree to abide by the terms of the company's statement as a condition of employment on the contract. ,"ure to comply with these requirements may result in suspension of payments under the contract or termination of the tact or both and the Contractor may be ineligible for award of any future state contracts if the State determines that any of the following has occurred: 1) the contractor has made false certification, or 2) violates the certification by failing to carry out the requirements as noted above. OPR 891 E (New 3197) runs 1.1 • RESOLUTION NO. 36-97 A RESOLUTION ACKNOWLEDGING THE WORK AND ENDORSEMENT OF THE RECOMMENDATIONS BY THE SAN LUIS OBISPO COUNTY POLICY PANEL ON YOUTH ACCESS TO ALCOHOL AND TOBACCO T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the recently released Youth Alcohol, Tobacco and Other Drug Use Survey of San Luis Obispo County 7th, 9th and llth graders revealed that nearly 50% of San Luis Obispo County youth reported using beer and wine in the last 6 months: and, WHEREAS, 37.2% of llth graders report that they have smoked cigarettes in the past month, greater than the national average of 24.4%: and, WHEREAS, the San Luis Obispo County youth reported they obtained alcohol and tobacco products from multiple sources ranging from their own homes, to parties and stores; and, WHEREAS, a Policy Panel on Youth Access to Alcohol and Tobacco was commissioned to hear testimony from business owners, school professionals, law enforcement, parents and youth on the availability of alcohol and tobacco products to youth; and, • WHEREAS, the policy panel was further commissioned to deliberate and, after two days, delivered 14 recommendations designed to reduce youth access to alcohol and tobacco products. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Morro Bay acknowledges the work of the Policy Panel on Youth Access to Alcohol and Tobacco. BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay endorses the Policy Panel recommendations and directs the support of all City departments in coordinating community based efforts to implement the Policy Panel recommendations and promote public awareness and action to reduce youth access to alcohol and tobacco products. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 27th day of May, 1997, on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None 1 ABSENT: None CATHY NO K, Mayor • ATTEST:_ , QU�Ii BRIDGETT QPAUER, City Clerk E E N�Y��&w 2 �:P-Iwy,lhw 2 1, • RESOLUTION NO. 35-97 RESOLUTION ACCEPTING PROJECT NO. PW94-04, FLOATING DOCK RECONSTRUCTION PROJECT AS COMPLETED BY ASSOCIATED PACIFIC CONSTRUCTORS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION THE CITY COUNCIL City of Morro Bay, California WHEREAS, on December 12, 1994 the City Council awarded the contract for Project No. PW94- 04, Floating Dock Reconstruction Project via the adoption of Resolution No. 121-94; and WHEREAS, on April 18, 1997, the construction manager issued a statement of completion certifying the project had been completed in substantial conformance to the project specification; and WHEREAS, it is therefore appropriate to accept the project as completed on behalf of the public and authorize the filing of a notice of completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Project No. PW94-04, Floating Dock Reconstruction Project, is hereby accepted as completed on • behalf of the public. BE IT FURTHER RESOLVED, the filing of a Notice of Completion for the project with the San Luis Obispo County Recorder is hereby authorized. PASSED AND ADOPTED by the City Council, City of Morro Bay, at a regular meeting thereof held on the 12th day of May, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOVAK, Mayor ATTEST: BRIDGE BAUER, City Clerk 6::d nn:c&.:9404.%jJ 0 City of Morro Bay JX HARBOR DEPARTMENT 1275 EMBARCADERO, MORRO BAY, CALIFORNIA 9344_2 805171=6254— APR 18 Memorandum Date: April 18, 1997 To: Rick Agent Harbor Director From: Marcia Walther Construction Manage • Re: Floating Dock Reconstruction Project PW 94-04 Completion of Project This memorandum is to inform you that Associated Pacific Constructors, Inc. has completed the above referenced project per the requirements of the contract documents. Completion date was March 12, 1997. Please proceed with issuing the Notice of Completion. cc: CPTPJT The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. • Recording requested by and when recorded return to: City of Morro Bay Department of Public Works 695 Harbor Street Morro Bav, CA 93442 NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the construction of PW94-04, Floating Dock Reconstruction Project, in the City of Morro Bay, has been completed by Associated Pacific Constructors, Inc. and accepted on May 12, 1997. BRIDGEIT AUER, City Clerk • City of Morro ay, California The undersigned hereby deposes and says: That she is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that she has read the foregoing notice and knows the contents thereof; and that the same is true of her own knowledge. I declare the foregoing to he true under penalty of perjury. Executed at Morro Bay, California, this 12th day of May, 1997. BRIDGETT AUER, City Clerk City of Morro Bay, California 0 • RESOLUTION NO.34 - 97 RESOLUTION DESIGNATING THE FRONT STREET PARKING LOT PROJECT AND PROPERTY ACQUISITION FOR USE OF IN -LIEU PARKING FEES the City Council, City of Morro Bay, California WHEREAS, In -Lieu Parking Fees were established, codified as Morro Bay Municipal Code Section 17.44.020 A7, as a means through which public parking can be provided where it is unfeasible to provide such parking as part of on -site development projects; and WHEREAS, the current balance of the In -Lieu Parking Fee Fund is $313,773.58: and WHEREAS, no single project has been identified which totally mitigates the shortage of public parking spaces, making it necessary, therefore, to implement more than one project; and WHEREAS, it is necessary and appropriate to designate a project for the use of In -Lieu Parking funds consistent with the requirements of said Section 17.44.020 A7; and WHEREAS, several projects were considered at a public hearing of the City Council held on May 12, 1997 and on May 27, 1997; and WHEREAS, said projects have estimated costs in excess of the current balance of the In -Lieu Parking Fee Fund; and WHEREAS, in order to provide for the identified projects, future accumulation of additional In -Lieu Parking Fee funds is necessary; and WHEREAS, as result of discussion and public input, the expansion and rehabilitation of the Front Street Parking Lot Project was selected as the highest priority project for implementation, with an estimated Base Bid • cost of $258,668; and, WHEREAS, in order to fully mitigate public parking space shortages, the development of new, additional parking spaces is necessary with the resultant need to acquire property for that purpose. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the expansion and rehabilitation of the Front Street Parking Lot Project, as considered at the May 27, 1997 City Council meeting is hereby designated to be a Project for use of In -Lieu Parking Fee funds; and BE IT FURTHER RESOLVED, the City Administrator is hereby authorized and directed, subject to City Council approval, to pursue implementation of the Front Street Parking Lot Project; and BE IT FURTHER RESOLVED, the City Administrator is hereby authorized and directed to continue investigation of property acquisition to result in the mitigation of the community's public parking shortage. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 27th day of May, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None jl ATTEST: CATHY NO , Mayor �bs� tow� • BRIDGETT UER, City Clerk I NORTH COAST ENGINEERING INC. ESTIMATED FOR PROJECT: 94180 BY: DATE: 02-01-95 REV. DATE: ITEM ----------------------------------- BASE BID EARTHWORK - DEMOLITION REMOVE/DISPOSE EXIST CURB/GUTTER (LF) REMOVE/DISPOSE A C PAVING (SF) REMOVE/DISPOSE P C CONCRETE (SF) REMOVE/DISPOSE FENCE (LF) REMOVE/DISPOSE HARBOR BUILDING (LS) ABANDON SEPTIC TANK (EA) REMOVE/TRIM TREE/DISPOSE (EA) WATER ---------------------- RELOCATE HYDRANT (EA) STORM DRAIN 12" CPP (LF) 24" CPP (LF) 24"x24" CATCH BASIN (EA) 24"x36" CATCH BASIN (EA) GREASE SEPARATORS (EA) PARKING LOT IMPROVEMENTS ---------------------- EARTH WORK (CY) 2X6 REDWOOD HEADER (LF) FRONT STREET PARKING LOT QUANTITY UNIT -COST --------------------- TOTAL 340 2.00 680.00 56,952 1.00 56,952.00 780 2.50 1,950.00 320 2.00 640.00 1 3,250.00 3,250.00 1 2,500.00 2,500.00 12 150.00 1,800.00 SUBTOTAL $67,772.00 1 $1,000.00 $1,000.00 SUBTOTAL $1,000.00 310 $22.00 $6,820.00 253 $32.00 $8,096.00 6 450.00 $2,700.00 1 600.00 $600.00 2 2,500.00 5,000.00 SUBTOTAL $23,216.00 1,500 $7.50 $11,250.00 383 2.00 766.00 MAY S - 199 i PRELIMINARY COST ESTIMATE PAGE 1 0 6" CURB AND GU-, ER (LF) 609 10.00 6,090.00 6" CURB ONLY (LF) 2,080 8.00 16,640.Co SIDEWALK RAMP (EA) 10 500.00 5,000.0 CROSS GUTTER (SF) 563 6.00 3,378.00 4 P.C.C. SIDEWALK (SF) 7,751 3.50 27,128.50 THICK(IN) A.C. PAVEMENT (SF) 2.5 60,167 0.63 37,604.38 CLASS II BASE (SF) 6.0 60,167 0.42 25,270.14 ADJUST MANHOLE (EA) 3 300.00 900.00 ADJUST VALVE BOX (EA) 2 150.00 300.00 TRAFFIC DIRECTION SIGNS (EA) 8 250.00 2,000.00 SUBTOTAL $136,327 02 PARKING LOT ITEMS ---------------------- STALL LINES (EA) 130 $4.00 $520.00 ARROWS (EA) 14 10.00 140.00 HANDICAP SIGN (PAINTED) (EA) 7 75.00 525.00 HANDICAP SIGN (ON POST) (EA) 7 125.00 875.00 SEDES ITEMS SUBTOTAL $2,060 00 ---------------------- WOOD FENCE AT YARD (LF) 220 $18.00 $3,960.00 ARCHITECTURAL SIGNAGE (LS) 1 3,500.00 3,500.00 TRASH ENCLOSURE (LS) 1 1,000.00 11000.0 BENCHES (LS) 1 1,500.00 1,500.0� BIKE RACK (LS) 1 600.00 600.00 TRASH RECEPTACLES (LS) 4 1,000.00 4,000.00 LANDSCAPE ONLY W/TREES (SF) 12,642 1.15 14,538.30 LANDSCAPE IRRIGATION (SF) 12,642 1.25 15,802.50 PARKING LIGHTING (EA) 5 1,750.00 8,750.00 TREE PROTECTION (EA) 10 150.00 1,500.00 1-1/2" WATER SERVICE (EA) 1 650.00 650.00 UTILITIES ---------------------- SUBTOTAL $55,800.80 MISC UTILITY RELOCATIONS (LS) 1 $5,000.00 $5,000.00 SUBTOTAL 5,000 00 BASE BID CONSTRUCTION COST $291,175 82 • PRELIMINARY COST ESTIMATE PAGE 2 ADDITIVE #1 - THOMAS' LOT EARTHWORK - EXPORT (CY) DRAINAGE STRUCTURE (EA) 125 0.00 $1,250.00 6 CURB ONLY (LF) 1 $2,000.00 $2,000.00 LIGHT STANDARD W/ SERVICE (EA) 263 12.00 3,156.00 THICK(IN) 1 11250.00 1,250.00 A.C. PAVEMENT (SF) 2.5 CLASS II BASE (SF) 4,797 0. 2,74 6.0 4,797 0.42 2,01414.74 STALL LINES (EA) TRAFFIC DIRECTION SIGN (EA) 11 4.00 44.00 HANDICAP SIGN (PAINTED) (EA) 1 250.00 250.00 HANDICAP SIGN (ON POST) (EA) 1 1 75.00 75.00 125.00 125.00 ADDITIVE #2 ADDITIVE #1 CONST COST $11,912 87 LOT A ---------------------- REMOVE/DISPOSE EXIST CURB/GUTTER (LF) 36 $2.00 EARTH WORK (CY) $72.00 6" CURB ONLY (LF) 0 7.50 0.00 36" VEE GUTTER (SF) 553 8.00 4,424.00 THICK(IN) 108 9.00 972.00 A.C. PAVEMENT (SF) CLASS II BASE (SF) 10,743 0.63 6,714.38 6.0 10,743 0.42 4,512.06 • STALL LINES (EA) ARROWS (EA) 26 4.00 104.00 TRAFFIC DIRECTION SIGN (EA) 1 10.00 10.00 HANDICAP SIGN (PAINTED) (EA) 3 250.00 750.00 HANDICAP SIGN (ON POST) (EA) 1 1 75.00 75.00 125.00 125.00 LOT B ---------------------- REMOVE/DISPOSE EXIST CURB/GUTTER (LF) REMOVE EXIST. A 131 $2.00 $262.00 C BERM (LF) EARTH WORK (CY) 195 $1.00 $195.00 6" CURB ONLY (LF) 0 7.50 0.00 SIDEWALK RAMP (EA) 322 8.00 2,576.00 36" VEE GUTTER (SF) 0 500.00 0.00 900 9.00 8,100.00 PRELIMINARY COST ESTIMATE PAGE 3 A.C. PAVEMENT (SF) THICK(IN) CLASS II BASE (SF) 2.0 3,962 0.00 0' STALL LINES (EA) 6.0 3,962 0.00 0.00 20 4.00 80.00 ADDITIVE #2 CONST COST $28,971 44 TOTAL BASE + ADD #1 + ADD 42 $332,060.12 CONTINGENCY @ 15 $ 49,809.02 CONSTRUCTION TOTAL $340,984.83 ENGINEERING/STAKING/TESTING 49,809.02 AND LANDSCAPING AT 15% BIDDING & CONTRACT ADMIN. AND INSPECTION @ 5% 16,603.01 PROJECT TOTAL $407,396.86 CURB AND GUTTER ESTIMATES INCLUDE CURB AROUND HANDICAP RAMPS AND INCLUDE GUTTER ADJACENT TO DRIVEWAYS. SIDEWALK QUANTITY DOES NOT INCLUDE DRIVEWAY AREAS. CROSSGUTTER SPANDRELS INCLUDE ADJACENT INTEGRAL CURB. • THIS PRELIMINARY OPINION AS TO COSTS IS NOT TO BE CONSTRUED AS A GUARANTEE OF COSTS. N.C.E. HAS NO CONTROL OVER THE COSTS OF LABOR, MATERIALS, EQUIPMENT, FUTURE MARKET CONDITIONS OR CONTRACTOR'S BIDDING METHODS. THE ACTUAL COST OF CONSTRUCTION MAY VARY FROM THE ESTIMATES AND/OR THE PROJECT BUDGET. (CC)K:\QPROPRVT\RDK\FRNTPARK.WQ1 PRICE LIST UPDATED 6-1-94 a. PRELIMINARY COST ESTIMATE PAGE 4 RESOLUTION NO.33-97 RESOLUTION OF THE CITY OF MORRO BAY, INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) WHEREAS, the City Council has placed certain conditions on the development of Tract 2110 "North Point," requiring formation of a property Landscaping and Lighting Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a natural area, parking lot, landscaping, decomposed granite and asphalt walkways, and coastal access stairway and other common area improvements to be held by or dedicated to the City of Morro Bay as required by the Morro Bay Municipal Code 16.16.030; and, WHEREAS, these conditions are more specifically identified in the Precise Plan (condition Fl-F7); and, WHEREAS, the Owners of the real property within the proposed district consented to the • formation of the district pursuant to the Landscape and Lighting Act of 1972 (Streets and Highways Code Section 22608.2 et seq.), and are the only owners of property to be subject to assessments within the district; and, WHEREAS, the Owners of real property within the proposed district offered in fee and in perpetuity, Lot 11 of Tract 2110, and the City has agreed said Offer of Dedication, provided that the cost of maintenance of thereof was home by an assessment district as required by the Conditions of the approval of the project. WHEREAS, One hundred percent (100%) of the property owners approved formation of the District to assure conformance with the recently enacted "Right to Vote on Taxes Act' (Proposition 218, California Constitution Act XM C & D). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to levy and collect assessments pursuant to the "Landscape and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) 0 • Resolution No. 33-97 Page 2 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and Highways Code Section 22525 which are installed by the developer as a condition of approval of Tract 2110 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the North Point Project as approved by the City. 3. The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo. A map showing the boundaries of the proposed District is attached as Exhibit "A" which is hereby incorporated herein. 4. An Engineers Report will be prepared for consideration at the June 9, 1997 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 12th day of May by the following roll call vote: AYES: Anderson, Peirce, Peters, Novak • NOES: Elliott ABSENT: None Ci.,."^ N N A.L. CATHY NO AK MAYOR ATTEST: • RESOLUTION NO. 32-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVAL OF AMENDMENTS TO CHAPTER V OF THE LOCAL COASTAL PLAN, AND PORTIONS OF CHAPTER H OF THE GENERAL PLAN TO IMPLEMENT THE 1995 CERTIFIED WATER MANAGEMENT PLAN THE CITY COUNCIL City of Morro Bay, California CASE NO. LCP/GPA 01-96 Section 1. WHEREAS, on November 12, 1996 the City Council authorized staff to initiate amendments to the Local Coastal Plan and Morro Bay Municipal Code Chapter 13.20 for submittal to the Coastal Commission to certify changes and modifications to the water allocation program to implement the Water Management Plan; and WHEREAS, the Planning Commission of the City of Morro Bay, on May 5, 1997 by • adoption of Resolution No. 01-97, after duly noticed Public Hearings, made recommendations to the City Council for approval of amendments to Chapter V of the Coastal Land Use Plan and portions of Chapter II of the General Plan; and WHEREAS, on the 12th day of May, 1997 the City Council held a duly noticed Public Hearing to consider the proposed amendments, including the Planning Commission findings and recommendation contained in Resojption No. 01-97; and WHEREAS, the City Council accepts the determination of the Public Works Director, as contained in the status report dated March 1997 presented to the Public Works Advisory Board on March 12, 1997, that potable water continues to be a limited resource in the community of Morro Bay as defined by the Coastal Act, Public Resources Code Section 30254; 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 public hearing and consideration of the testimony of all persons, both written and oral, the City Council approved the amendments based on the following findings: 0 • City Council Resolution No. 32-97 Page 2 Section 2. 1. The amendments are consistent with the intent of the State Coastal Act; and 2. The amendments are consistent with the City's certified Coastal Land Use Plan and General Plan; and 3. The amendments are consistent with the certified Water Management Plan; and 4. The amendments are exempt from the California Environmental Quality Act pursuant to Government Code Sections 15250 and 15251. 5. The amendments are not detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the city and are intended to improve the desirability of investment or occupation in the city. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay as follows: 1. That the above recitations are true and correct and constitute findings of the Council in this matter; and 2. That the Council does hereby approve the Coastal Land Use Plan and General Plan amendments attached hereto as Exhibit A and B and made a part of this resolution by reference; and 3. That this resolution adopting the Coastal Land Use Plan and General Plan amendment shall be transmitted to the California Coastal Commission with the request the that the Coastal Commission certify the amendments are part of the city's Local Coastal Program; and 4. That the City Council of the City of Morro Bay hereby finds that these 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 California Coastal Act and all of its provisions; and • 5. That these amendments will take effect immediately upon certification. • City Council Resolution No. 32-97 Page 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, on the 12th day of May, 1997, by the following vote: AYES: Anderson, Elliott, Peters, Novak NOES: Peirce ABSENT: None 3 N.�_ CATHY N AK, Mayor ATTEST: • BRIDGET AUER, City Clerk Attachments: Exhibit A: Revised LCP Chapter V. Exhibit B: Revisions to portions of General Plan Chapter II. • • AMENDMENTS TO LOCAL COASTAL PLAN City Council Resolution No. 32-97 Attachment A Upon adoption by the City Council and approval by the Coastal Commission, the following chapter will replace the existing Chapter V. PUBLIC WORKS AND LOCATING AND PLANNING NEW DEVELOPMENT. The revisions to this chapter are based on the 1995 Water Management Plan. Chapter V. PUBLIC WORKS WATER AND WASTEWATER FACILITIES AND ALLOCATING THESE RESOURCES TO NEW DEVELOPMENT A. INTRODUCTION This chapter describes the city's public works water and wastewater facilities and allocating those services to new development. These two topics are discussed together because, in the case of the City of Morro Bay, they interrelate. The City's management of its water facilities, imported water sources, desalinated water, and wastewater treatment will determine how future growth will be accommodated. In 1984, the citizens of the community enacted Measure F, a voter initiative that set the maximum population for the City at 12,200 and requires voter 46 approval to increase the population above this limit. The major constraint to new development has been the limited availability of water sources. The City's ability to allocate water to development from 1982 through 1996 came through water conservation measures which did not place an increased demand on the City's ground water sources. Prior to certification of the Local Coastal Program Land Use Plan, the California Coastal Commission approved the allocation of water equivalency units to development through conservation measures, that included the water pipe replacement program and the off -site retrofit program. Both programs were described by the Coastal Commission as interim measures to provide for some development while the City prepared a Water Management Plan. Determining the long term water sources for the city has been a topic of debate for many years. On February 14, 1995 the City adopted Resolution 08-95 approving the City's Water Management Plan. With the passage of Measure G, a voter initiative that mandated the City pursue State Water through the Coastal Aqueduct as an imported source of water, the City was able to formulate the long term water management plan. The Water Management Plan provides for a combination of water resources achieved through conservation, reclamation, ground water, imported water and desalination. The sources identified in the Water Management Plan will be distributed to new development through the priorities and processes identified here and in Morro Bay Municipal Code Chapter • 13.20. • Local Coastal Plan Chapter V Amendments Resolution 32-97 Attachment A B. RESOURCE INVENTORY AND CONSTRAINTS An important factor in determining the type, location and intensity of land uses within the community is the capability of the city's water and sewage systems to accommodate those uses. The Coastal Act requires that new development be closely correlated with existing and planned service capacity. The adopted Water Management Plan is intended to provide guidance to the City Council and staff, the Public Works Advisory Board and Planning Commission, and city residents, to assist them in selecting a reliable and cost-effective solution to their long-term water supply needs. 1. Water Resources The city's management of it's water facilities and wastewater treatment will determine how future growth will be accommodated. The Coastal Act gives priority to coastal dependent industrial uses, agriculture and recreation and visitor -serving facilities for public services where existing or planned public works facilities can accommodate only a limited amount of new development. (Public Resources Code Section 30254) The City has two sources of water available for allocation to new development, "banked" water • accumulated under its previous Water Allocation Model as approved by the Coastal Commission by the issuance of Coastal Development Permit 04-81-309A3, and new sources of water available to serve new development identified in the adopted and certified Water Management Plan. The City's Water Allocation Program is identified in Morro Bay Municipal Code Chapter 13.20. Discussion of the City of Morro Bay's water resources and supply are contained in the Analysis and Recommendations for a Water Management Plan for the City of Morro Bay as prepared by Boyle Engineering Corporation (1995). Copies of the report are available at City Hall and the city's public library. 2. Waste water resources a. Wastewater Facilities Existing wastewater treatment facilities are shared jointly by the unincorporated community of Cayucos and the City of Morro Bay, 35 and 65 percent, respectively. Each community operates its own individual wastewater collection system. The Wastewater Treatment Plant provides advanced primary treatment to the effluent which is discharged through a 5,000 foot ocean outfall. The plant currently discharges an average of 1.5 • million gallons per day (mgd). The City's wastewater collection system is at capacity in certain portions of the community pursuant to the Wastewater Master Plan. 2 Local Coastal Plan Chapter V Amendments Resolution 32-97 Attachment A • The total design capacity of the existing Wastewater Treatment Plant is 2.09 million gallons per day (mgd); therefore, Morro Bay's share (65 percent) is 1.36 mgd. When the treatment plant was designed in 1984, the capacity was based upon meeting the then current quality standards. b. Wastewater Demand In response to drought conditions and water conservation measures over the past decade, individual wastewater flow rates in the community have varied. In 1975 domestic and commercial wastewater use was an estimated 93 gallons per capita per day (gpcd). This was projected to increase to 110 gpcd by 1999. D. POLICIES FOR PUBLIC WORKS WATER FACILITIES AND ALLOCATING THESE RESOURCES TO NEW DEVELOPMENT The City Council, in 1992 initiated the review and analysis of the Water Management Plan. The Plan was first adopted in February 1994. With modifications, the Coastal Commission certified the Water Management Plan as an amendment to the city's Local Coastal Plan in January, 1995. The City Council accepted the Coastal Commission's modifications in February, 1995. is The Coastal Act includes policies requiring growth to occur in an orderly, well -planned fashion. Specifically, the Act states that new development shall: 1. Be located in or near existing developed areas; 2. Protect coastal resources; and 3. Give priority to coastal -dependent uses. Resources to serve future growth in the city will be administered through Morro Bay Municipal Code Chapter 13.20, consistent with Measure F and Coastal Act Priorities. Water sources which will be allocated to new development are those identified in The Water Management Plan, incorporated herein by reference, and the city's "Bank" of accumulated water equivalency units. Policies, 3.01, 3.02, and 3.03, insure consistency with the Water Management Plan, the Coastal Act, and Measure F. Policy 3.01:. Water resources will be allocated to new development yearly by the City Council. So long as existing public works facilities for the provision of water can only accommodate a limited amount of new development, water resources shall be allocated in such a manner so as to not preclude service to coastal dependent land uses, essential public services and basic industries vital to the economic health of the region, state, or nation, public recreation, commercial recreation, and visitor serving land uses. (LU-79.1) 0 Local Coastal Plan Chapter V Amendments Resolution 32-97 Attachment A • Policy 3,02: The City has adopted, and the Coastal Commission has certified a Water Management Plan. The city shall review the Water Management Plan at lease once every five years to ensure that water sources are adequate and to reflect any changes in climatic, hydrological, technological or political conditions that could affect the city's long-term water supply, negatively or positively. As part of the five year review, the city shall prepare a report and submit a copy to the Executive Director of the California Coastal Commission for review. The policies and programs of the Water Management Plan are incorporated herein by reference. The Water Management Plan may be amended from time to time at the discretion of the City council. (LU-79.2) Policy 3,03: All new development shall incorporate water conservation fixtures as set by the City Council. (LU-84.1) (Note: In discussing units of measure for water and sewer capacity, the following conversion factors are provided to assist in understanding the data: 1 cubic foot is equal to 7.48 gallons • 1 acre foot is equal to 325,828.8 gallons 1 acre foot is equal to 43,560 cubic feet) • ml:5/6/97\S:\MSOFFICE\ W IN W ORD\PLAN&BLD\STAFFREPV.CPS PC4.DOC 4 • AMENDMENTS TO CHAPTER II OF THE GENERAL PLAN City Council Resolution No. 32-97 Attachment B Upon adoption by the City Council, the following sections of the General Plan will revise and replace the existing document. The purpose of these revisions is to update the General Plan and Local Coastal Plan to incorporate the 1995 Water Management Plan and to include additional policies for the allocation of supplemental water as identified in the Water Management Plan. Similar changes have been made to the Local Coastal Plan for those areas in the coastal zone. Chapter II. LAND USE. OPEN SPACE AND CONSERVATION F...M .NT(page II-1): B. Existing conditions and issues Page II-4, 3. GROWTH, a. and b. Delete and replace with: a. Existing Conditions: The population of Morro Bay is growing slowly at 6% in 17 years. This growth pace is slower than the County rate. The population of Morro Bay, as of January 1, 1996, was 9,687. This chapter describes the city's public works water and waste -water facilities and allocating • water resources to new development. These two topics are discussed together because, in the case of the City of Morro Bay, they interrelate. The City's management of its domestic water facilities, imported water sources, desalinated water, and wastewater treatment will determine how future growth, will be accommodated. In 1984, the citizens of the community enacted Measure F, a voter initiative that set the maximum population for the City at 12,200 and requires voter approval to increase the population above this limit. Issues: The major constraint to new development has been the limited availability of water sources. The City's ability to allocate water to development from 1982 through 1996 came through water conservation measures which did not place an increased demand on the City's ground water sources. Prior to certification of the Local Coastal Program Land Use Plan, the California Coastal Commission approved the allocation of water equivalency units to development through conservation measures, that included the water pipe replacement program and the off -site retrofit program. Both programs were described by the Coastal Commission as interim measures to provide for some development while the City prepared a Water Management Plan. Determining the long term water sources for the city has been a topic of debate for many years. On February 14, 1995 the City adopted Resolution 08-95 approving the City's Water Management Plan. With the passage of Measure G, a voter initiative that mandated the City pursue State Water through the Coastal Aqueduct as an imported source of water, the City was • able to formulate the long term water management plan. The Water Management Plan provides General Plan Chapter II Amendments Resolution 32-97 Attachment B • for a combination of water resources achieved through conservation, reclamation, ground water, imported water and desalination. The sources identified in the Water Management Plan will be distributed to new development through the priorities and processes identified here and in Morro Bay Municipal Code Chapter 13.20. Page II-32- II-40., 11, PUBLIC FACILITIES. a. Existing conditions: Delete discussion under a. Existing conditions: and replace with the following: B. RESOURCE INVENTORY AND CONSTRAINTS An important factor in determining the type, location and intensity of land uses within the community is the capability of the city's water and sewage systems to accommodate those uses. The Coastal Act requires that new development be closely correlated with existing and planned service capacity. The adopted Water Management Plan is intended to provide guidance to the City Council and staff, the Public Works Advisory Board and Planning Commission, and city residents, to assist them in selecting a reliable and cost-effective solution to their long-term water supply needs. • 1. Water Resources The city's management of it's water facilities and wastewater treatment will determine how future growth will be accommodated. The Coastal Act gives priority to coastal dependent industrial uses, agriculture and recreation and visitor -serving facilities for public services where existing or planned public works facilities can accommodate only a limited amount of new development. (Public Resources Code Section 30254) The City has two sources of water available for allocation to new development, "banked" water accumulated under its previous Water Allocation Model as approved by the Coastal Commission by the issuance of Coastal Development Permit 04-81-309A3, and new sources of water available to serve development identified in the adopted and certified Water Management Plan. The City's Water Allocation Program is identified in Morro Bay Municipal Code Chapter 13.20. Discussion of the City of Morro Bay's water resources and supply are contained in the Analysis and Recommendations for a Water Management Plan for the City of Morro Bay as prepared by Boyle Engineering Corporation (1995). Copies of the report are available at City Hall and the city's public library. 2 General Plan Chapter 11 Amendments Resolution 32-97 Attachment B • 2. Waste water resources a. Wastewater Facilities Existing wastewater treatment facilities are shared jointly by the unincorporated community of Cayucos and the City of Morro Bay, 35 and 65 percent, respectively. Each community operates its own individual wastewater collection system. The Wastewater Treatment Plant provides advanced primary treatment to the effluent which is discharged through a 5,000 foot ocean outfall. The plant currently discharges an average of 1.5 million gallons per day (mgd). The City's wastewater collection system is at capacity in certain portions of the community pursuant to the Wastewater Master Plan. The total design capacity of the existing Wastewater Treatment Plant is 2.09 million gallons per day (mgd); therefore, Morro Bay's share (65 percent) is 1.36 mgd. When the treatment plant was designed in 1984, the capacity was based upon meeting the then current quality standards. b. Wastewater Demand In response to drought conditions and water conservation measures over the past decade, • individual wastewater flow rates in the community have varied. In 1975 domestic and commercial wastewater use was an estimated 93 gallons per capita per day (gpcd). This was projected to increase to 110 gpcd by 1999. Section C. Objectives, policies and programs, beginning on page II-57 Page II-109, 12. PUBL.IC FACILITIES Beginning on page II-109, Water -related policies and programs , delete policies LU-78 through LU-80, including programs LU-78 through LU-80.5, and replace with the following: The City Council, in 1992, initiated the review and analysis of the Water Management Plan. The Plan was first adopted in February 1994. With modifications, the Coastal Commission certified the Water Management Plan as an amendment to the city's Local Coastal Plan in January, 1995. The City Council accepted the Coastal Commission's modifications in February, 1995. The Coastal Act includes policies requiring growth to occur in an orderly, well -planned fashion. Specifically, the Act states that new development shall: 1. Be located in or near existing developed areas; 2. Protect coastal resources; and • 3. Give priority to coastal -dependent uses. General Plan Chapter II Amendments Resolution 32-97 Attachment B • Resources to serve future growth in the city will be administered through Morro Bay Municipal Code Chapter 13.20, consistent with Measure F and Coastal Act Priorities. Water sources which will be allocated to new development are those identified in the Water Management Plan, incorporated herein by reference, and the city's "Bank" of accumulated water equivalency units. Policies, 3.01, 3.02, and 3.03, insure consistency with the Water Management Plan, the Coastal Act, and Measure F. LU--79.1:. Water resources will be allocated to new development yearly by the City Council. So long as existing public works facilities for the provision of water can only accommodate a limited amount of new development, water resources shall be allocated in such a manner so as to not preclude service to coastal dependent land uses, essential public services and basic industries vital to the economic health of the region, state, or nation, public recreation, commercial recreation, and visitor serving land uses. (LCP 3.01) LU-79.2: The city has adopted and the Coastal Commission has certified a Water Management Plan. The city shall review the Water Management Plan at least once every five years to ensure that water sources are adequate and to reflect any changes in climatic, hydrological, technological or political conditions that could affect the city's long-term water supply, negatively or positively. As part of the five year review, the city shall prepare a report and submit a copy to the Executive Director of the California Coastal Commission for review. The • policies and programs of the Water Management Plan are incorporated herein by reference. The Water Management Plan may be amended from time to time at the discretion of the City council. (LCP 3.02) • Page II-114, 14, CONSERVATION. Policies LU-77 (conservation of water resources) (Note: there is an apparent typographical error in the number assigned to this policy. It should be LU-84 and herein is changed to be the corrected number) Policy LU-84 - unchanged other than the corrected number. Program LU-84.1 deleted and replaced with: All new development shall incorporate water conservation fixtures as set by the City Council. (LCP 3.03) Program LU-84.2 (drought -tolerant landscaping), has not been changed. (Note: In discussing units of measure for water and sewer capacity, the following conversion factors are provided to assist in understanding the data: 1 cubic foot is equal to 7.48 gallons I acre foot is equal to 325,828.8 gallons I acre foot is equal to 43,560 cubic feet) ml:5/6/97\S:\MSOFFICE\WIN WORD\PLAN&BLD\STAFFREP\GP2PC4.DOC 4 • RESOLUTION NO.31-97 APPROVAL OF LEASE NO. DTCG89-98-L-6-63-028 WITH THE UNITED STATES COAST GUARD FOR BERTHING AND WORK SHACK SPACE ON THE NORTH T-PIER, AND PARKING SPACES IN THE VICINITY OF THE NORTH T-PIER THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and the U.S. Coast Guard have entered into berthing agreement for Coast Guard use of the North T-Pier in 1991 which expires September 30, 1997; and, WHEREAS, the Coast Guard will continue to maintain boating operations in Morro Bay and will continue their use of the North T-Pier; and, WHEREAS, the City of Morro Bay and the U.S. Coast Guard wish to enter into a new lease agreement for use of approximately 140 linear feet of dock space on the inboard side of the North T-Pier, slip space for a 19' RHIP and a 30' rescue boat, placement of a work shack at the north end of the North T-Pier and 10 parking spaces for official GOVERNMENT vehicles. WHEREAS, this agreement allows for flexibility with the Coast Guard's future • operational plans in Morro Bay and flexibility for the City in utilizing the North T-Pier. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute Lease No. DTCG89-98-L-63-028 with the Coast Guard for use of the North T-Pier, slip space and parking spaces and the City Administrator is hereby authorized to execute any future amendments/renewals of the same administratively as provided for under the agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of May, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None BRIDGET AUER, CITY CLERK L J N cr— CATHY NO AK, MAYOR C C interoffice 10 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: CITY ADMINISTRATOR FROM: HARBOR DIRECTOR DATE: MAY 6. 1997 SUBJECT: COAST GUARD BERTHING LEASE On April 28,1997 this item was discussed at your City Council meeting and pulled for additional information. In response to Council comments, the Coast Guard has offered to modify the proposed lease to specifically include a clause as follows: "City may, with prior approval of Coast Guard, use the leased area of the pier for berthing of City assigned vessels when the space is not being used by the Coast Guard." In addition, the term of the lease has been reduced to one year with a ten-year option to extend • on the same terms with the mutual agreement of City. The only issue discussed by Council, which we have not addressed, is the commitment for 10 parking spaces for the Coast Guard. When there were two patrol boats stationed here, the Coast Guard leased 16 spaces. We reduced that to ten spaces when the Pt. Winslow was traded out for the 30ft. surf rescue boat. The Coast Guard eventually plans to have a 24-hour manned Search and Rescue Station in Morro Bay requiring 16 full time personnel billets. At this time, the office cannot accommodate the 24-hour manning and the Coast Guard is attempting to fund modifications to the office which will allow additions to the third floor for sleeping quarters, installation of a new bathroom, and access improvements. The only feasible way to make these improvements would be to demolish the existing Harbor Office and construct new Harbor Department offices in a unified building on both our current spaces. This would be a very cost-effective way for the City to achieve a new Harbor Department office facility. However the Coast Guard has warned us not to get our hopes too high, funding is a challenge and even if available, they are probably on a three to four year time frame for completion. In the short-term, there will often be more than 12 Coast Guard personnel using their facility during daylight hours. They need the parking and there is not a high demand for the spaces they use. When this item returns to Council on May 27, 1997, we will recommend the City continue to commit 10 spaces to the Coast Guard. • AZI: M M110SICGGYF05-6 STANDARD FORM U.S. GOVERNMENT (OLD OTCG-92-L-6-63-094) GE9S ART 1s 6anoN LEASE FOR REAL PROPERLY GENERAL SERVICES AOWNIS ADNtlNISTRATION THIS LEASE, made and entered into this date by and between CITY OF MORRO BAY whose address is 595 Harbor Street Morro Bay CA 93442 and whose interest in the property hereinafter described is that of OWNER hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, conversant and agree as follows: 1. The lessor hereby leases to the Government the following described premises: a. Approximately 140 linear feet of dock space on thexwfij¢x4o;d side of the Northern Finger of the LESSOR's "T" pier. 'inboard b. A slip for a 19' RHIP with hydro hoist. C. A slip for 30' rescue boat. d. Placement of workshack at the north end of the "T" pier. e. Ten (10) parking spaces for official GOVERNMENT vehicles. ACCOUNTING DATA:2/6/801/133/30/63/13269/2329 $14,-400.00 FY 98 to be used for MOORING AND SUPPORT OF GOVERNMENT VESSEL 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 01 October 1997 through 30 September Oy7 iggR subject to termination and renewal rights as may be hereinafter set forth. /aXUiYGdvbfnfdWshbN¢dy!thdKds&dr/aHda(&fifdfW///////////////////////////////////// VfttdtbbfI////////////////////////def/1//////////////////////////////;4,/afr�6r�! Rent for a lesser period shall be prorated. Rent checks shall be made payable to: SAME AS OWNER 4. The Government may terminate this lease at any time by giving at least 30 days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals: for one successive ten year period with the same terms and conditions if annual appropriations are granted by Congress, and with the mutual agreement of City. provided notice be given in writing to the Lessor at least 30 days before the end of the lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing. 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: a. LESSOR will allow GOVERNMENT to use the existing water lines, electrical conduit and sewage lines to the dock. b. The right of ingress and egress across the LESSOR's property got the GOVERNMENT, its contractors and other duly authorized personnel, necessary or convenient for the use and operation of the facilities. C. LESSOR will notify the GOVERNMENT within thirty (30) days of any: 1) Transfer of ownership of the described premises; or 2) Change in payment mailing address. 7. The following are attached and made a part hereof: The /�tfr►t'l� P/q*tbAj I11W0$WA4h$ f,9t$0t1AW/6blrA R/ i i i i i i/ i i i i i i i i i /qjdjtiArA/ a. Additional Sheets Number 1 and 2; b. The General Clauses (GSA Form 3517A, as amended) 8. The following changes were made in this lease prior to its execution: IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR EY �"� � IW� (Spneluml (56nennl IN PRESENCE UNITED STATES OF AMERICA sr (59nervml (AddmW 13 Chief Real Property Branch (Off.i Ida) STANDARD FEBRUARYFONC 2 965 EDITI • Paragraph 3: a. The amoun ADI)ITIONAL SHEET NUMBER 1 TO DTCG89-98-L.6.63-028 VT shall at the r are aran increase, over the i inter Price Index A ons are granted by t annual rental for Fiscal Year 1999i8in the per month payable in arrears, provided the one ten year option period, will ate receding year, in the U.S. n Consumers - San Francisco, their SUCCESSORS executorThe s, administrators, all bind, nd in re to the benefit of, the parties and e 10. INDEMNIFICATION. The GOVERNMENT's liability for damagge or loss of property personal injury or death resulting from its use of the granted premises sliail be as prescribed by the ederal Tort Claims Act (28 U.S.C. 2671-2680 as amended). 11. ANTI -DEFICIENCY ACT. (31 U.S.0 1341 as Amended). Nothing in this Lease shall constitute an obligation of funds o the United States in advance of an appropriation thereof. 12. INSURANCE. GOVERNMENT is a self -insured entity. an TAXES AND ASSEersoonal taxes orOassessssmentts evied or assessed upon liable r against either any real property taxes, p leased premises. • 14. LESSOR RESPONSIBILITY. a. LESSOR is responsible for all pier maintenance. b. If the U.S. Army Corps of Engineers ceases to maintain the navigational channel the LESSOR shall ensure the mooring space has a minimum depth of IO feet at MLLW. 15. GOVERNMENT RESPONSIBILITY. a. GOVERNMENT will not. create afire hazard. red in approved shall to kept clean, all oil soaked rags�s,, �waste Taper, paint and oils will be stored in approved metal containers. b GOVERNN ENT owns and is responsible for the electrical hook-ups., Coast Guard installed transformer and services to the leaed area. 16. LEASE ADMINISTRATION. The administration of the subject lease will be carried out by the following office: Commander (sr) Maintenance and Logistics Command Pacific Building 54-D Coast Guard Island Alameda, CA 94501-5100 17. LEASE PAYMENT. The payment for the subject lease will be made by the following office: U.S. Coast Guard Finance Center (0240) 1430A Knstina Way Chesapeake, VA 23326-1728 • INITIALS: Cz & LESSOR GOVERNMENT ADDITIONAL SHEET NUMBER 2 TO DTCG89-98-L-"3-028 18. TAx ion number a SON. Allleases must Security Numbed Please adi nine-digit a belowFederal TaxIde• Federal Tax Identification Number: OR Social Security Number: Telephone Number: ate tgnature 19. SEVERABILITY. It any term or rovision of this Lease be held invalid or unenforceable the valid and enforced Lease the fulles0textenw cted.t permitted b law. each term and provision hereof shall be 20. ENTIRE AGREEMENT. This .Lease contains the entire agreement of the parties with respect to the that isenot contained ithis the Lease shall be bendagreement, ng eor men , statement of promise made Y YP Y 21. City may, with prior approval area of the pier for berthing of space is not being used by Coast INITIALS: CA & LESSOR GOVERNMENT of Coast Guard, use the leased City assigned vessels when the Guard. • • DTCG89-98-L-"3-028 GENERAL CLAUSES (Short Form) • (Simplified Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Annual Rent) 1. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's compliance with the provisions of this lease. pier 2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due. pier 3. The Lessor shall maintain the demised premises. including the building and all equipment, fixtures and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service. provide the item, or meet the requirement. either directly or through a contract. The Government may deduct any costs incurred for the service or item. including administrative costs, from the rental payments. 5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) This contract incorporates one or more clauses by reference within the same force and effect as if they were given in full text. Upon request the Contracting Officer will 1 make their full text available. • 6. The following clauses and provisions are incorporated by reference: GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990) FAR 52-203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY - MODIFICATION (NOV 1990) (Applicable to leases over $100.000.) GSAR 552-203-73 PRICE ADJUSTMENT FOR MLEGAL OR IMPROPER ACTIVITY (SEP 1990) (Applicable to leases over $100.000.) FAR 52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 1995) (Applicable to leases over S25,000.) FAR 52.219-9 SMALL. SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS SUBCONTRACTING PLAN (OCT 1995) (Applicable to leases over $500.000.) FAR 52.219-16 LIQUIDATED DAMAGES - SMALL BUSINES SUBCONTRACTING PLAN (OCT 1995) (Applicable to leases over $500.000.) FAR 52.222-24 PREAWARD EQUAL OPPORTUNITY COMPLIANCE REVIEW (APR 1994) (Applicable to leases over S1 million.) • Initials: C j & GSA Form 3517A (Rev 04/96) LESSOR GOVERNMENT DTCG89-98-L-"3-028 FAR 52.222-26 EQUAL OPPORTUNITY (APR 1984) (Applies to leases over $10,000.) FAR 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIEI'NAM ERA VETERANS (APR 1984) (Applies to leases over $10,000) FAR 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) (Applies to leases over $2,500) FAR 52.222-37 CLOVE R NSOFOR OVINE '1NAM A (JAN 1988))((Applies to leases over S10,000) FAR 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) GSAR 552.232-71 PROMPT PAYMENT (APR 1989) FAR 52.233-1 DISPUTES (OCT 1995) THE FOLLO IVING APPL p IVHEN COST OR PRICING DATE IS SUBMITTED: FAR 52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICE DATA (JAN 1991) (Applicable when cost or pricing data is required for work or services exceeding $500,000.) FAR 52.215-24 SUBCONTRACTOR COST OR PRICING DATA (OCT 1995) (Applicable when the clause 52.215-22 is applicable.) The information collection requirements contained in this solicitation/contract. that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163. Initials: C� GSA Form 3517A (Rev 04/96) LESSOR GOVERNMENT • • • U.S. GOVERNMENT (OLD OTCG-92-L-6-63-094) LEASE FOR REAL PROPERTY (41 THIS LEASE, made and entered into this date by and between CITY OF MORRO BAY whose address is 595 Harbor Street Morro Bay CA 93442 and whose interest in the property hereinafter described is that of OWNER hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, convenant and agree as follows: 1. The lessor hereby leases to the Government the following described premises: a. Approximately 140 linear feet of dock space on thei¢smod side of the Northern Finger of the LESSOR's "T" pier. inboard b. A slip for a 19' RHIP with hydro hoist. c. A slip for 30' rescue boat. d. Placement of workshack at the north end of the "T" pier. e. Ten (10) parking spaces for official GOVERNMENT vehicles. ACCOUNTING DATA:2/6/801/133/30/63/13269/2329 514,400.00 FY 98 to be used for MOORING AND SUPPORT OF GOVERNMENT VESSEL 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 01 October 1997 through 30 September 3c0AsY iggR subject to termination and renewal rights as may be hereinafter set forth. 1Tne'W4v6frMeftt'S)tiFaNbdyUSe'L'dskdr/ahA1Jaf/eiifdf/S////////////////////////////////////// /W001'ethbf$////////////////////////def/// Rent for a lesser period shall be prorated. Rent checks shall be made payable to: SAME AS OWNER 4. The Government may terminate this lease at any time by giving at least 30 days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals: for one successive ten year period with the same terms and conditions if annual appropriations are granted by Congress, and !with the mutual agreement of City. provided notice be given in writing to the Lessor at least 30 days before the end of the lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing. 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following: a. LESSOR will allow GOVERNMENT to use the existing water lines, electrical conduit and sewage lines to the dock. b. The right of ingress and egress across the LESSOR's property got the GOVERNMENT, its contractors and other duly authorized personnel, necessary or convenient for the use and operation of the facilities. C. LESSOR will notify the GOVERNMENT within thirty (30) days of any: 1) Transfer of ownership of the described premises; or 2) Change in payment mailing address. 7. The following are attached and made a part hereof: The / 14 / / / / / / a. Additional Sheets Number 1 and 2; b. .The General Clauses (GSA Form 3517A, as amended)' 8. The following changes were made in this lease prior to its execution: IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR n ,tA-- Sbn.nu+l ay— IN PRESENCE OF: UNITED STATES OF AMERICA er (SbnuunN (Sbmmml (AOCmaa) • Chief Real Property Branch ron�rrar( STANDARD FORM 2 FEBRUARY 1ONC 2 965 EDITI AD6f*nONAL SHEET NUMBER 1 TO DTCG89-98-L-"3-028 • paragraph 3: shall pay the LESSOR annual rental for Fiscal Year 1998 in the a. The GOVERNMENT le m arrears, Provided amount of $14 ;400.00 at the rate of $1,200.00 per month payable period, will annual appropriations are granted by Congress. b. The renna[ rate for each successive year, including the one ten year Op n° he U.S. be adjusted based upon the increase, over the itrunedat preceding Y Department of Labor C ns a are Ccr it e-ed by Congress. Consumers - San Francisco, 9. SUCCESSORS BOUND. The Lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors. s liability for dama a or loss of property 10. IIdDEMurNyIFICATION. T- frohe GOB ed ed persora�l Tort Clar death esulti m i s 2680 as amended)pre� s be as prescnb by the 11. ANTI -DEFICIENCY ACT. (31 U.S.0 1341 as Amended). Nothing in this Lease shall constitute an obligation of funds o the United States in advance of an appropriation thereof. 12. INSURANCE. GOVERNMENT is a self -insured entity. 13. TAXES AND ASSESSMENTS. GOVERNMENT 1s not responsible nor liable for either any real property taxes, personal taxes or assessments levied or assessed upon or against the leased premises. • 14. LESSOR RESPONSIBILITY. a. LESSOR is responsible for all pier maintenance. b. If the U.S. Army Corps of Engineers ceases to maintain the naviggational channel the LESSOR shall ensure the mooring space has a minimum depth of 10 feet at MLLW. 15. GOVERNMENT RESPONSIBII TTY. a GOVERDIMENT will not. create a fire hazard. The premises shall be kept clean, all of soaked rags waste paper. paint and oils will be stored in approved metal containers. b GOVER�iMENp owns and is responsible for the electrical hookups. Coast Guard installed transformer and services to the leased area. 16. LEASE ADMINISTRATION. The administration of the subject lease will be carried out by the following office: Commander (sr) Maintenance and Logistics Command Pacific Building 54-D Coast Guars Island Alameda, CA 94501-5100 17. LEASE PAYMENT. The payment for the subject lease will be made by the following office: U.S. Coast Guard finance Center (0240) 1430AKristina Way Chesapeake, VA 23326-1723 • INITIALS: C*k) & LESSOR GOVERNMENT ADDITIONAL S11M NUMBER 2 TO DTCG89-98-L-"3-028 Identificcatiioo�n�erCor IDENTIFICATION security Number Pleaassetindicatnine-digit below: FederalTax Federal Tax Identification Number: OR Security Number: Telephone Number: ate lgnature 19. SE It any term or rovision of this Lease be held invalid or unenforceabl the vapid and eof this nforced Lease the .—ful.. tteacten permitted.r by laved each term and provision hereof shall�e 20 ENTIRE AGgF EN'I, his•Lease contains the entire agreement of the parties with respect to the hattsenot contained in theLease shall be her agreement, statement of promise made Y any party 21. City may, with prior approval of Coast Guard, use the leased area of the pier for berthing of City assigned vessels when the space is not being used by Coast Guard. INITIALS: CA�_ & LESSOR GOVERNMENT • • • DTCG89-98-L-"3-028 GENERAL CLAUSES (Short Form) • (Simplified Acquisition of Leasehold Interests in Real Property for Leases Up to S100,000 Annual Rent) • 1. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessoes compliance with the provisions of this lease. pier 2. If the bang is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due. pier 3. The Lessor shall maintain the demised premises, including the building and all equipment, fixtures and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. 3. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service. provide the item, or meet the requirement. either directly or through a contract The Government may deduct any costs incurred for the service or item. including administrative costs, from the rental payments. 5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) This contract incorporates one or more clauses by reference within the same force and effect as if they were given in frill text Upon request the Contracting Officer will 'make their full text available. 6. The following clauses and provisions are incorporated by reference. GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990) FAR 52-203-9 REQUIROV1ENT FOR CERTIFICATE OF PROCUREMENT a- TEGRTIT - MODIFICATION (NOV 1990) (Applicable to leases over $100.000.) GSAR 552-203-73 PRICE ADN STMINT OR ILLEGAL OR WROPER ACTIVITY Fover OO. (SEP 1990) (Applicable FAR 52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 1995) (Applicable to leases over $25,000.) FAR 52.219-9 SMALL. SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS SUBCONTRACTING PLAN (OCT 1995) (Applicable t leases over $500.000.) FAR 52.219-16 LIQUIDATED DAMAGES - SMALL SI r PLAN (OCT 1995) (ApplicabletIeB $S 010 OONTRA�NG FAR 52.222-24 PREAWARD EQUAL OPPORTUNITY COMPLIANCE REVIEW (APR 1994) (Applicable to leases over Sl million.) Initials: —2L & LESSOR GOVERNMEtdT GSA Form 3517A (Rev 04196) DTCG89-98-L.6.63-028 FAR 52.777-26 EQUAL OPPORTUNITY (APR 1984) (Applies to leases over $10,000.) FAR 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIE TNAM ERA VETERANS (APR 1984) (Applies to leases over $10,000) FAR 52.222-36 AFFIRMATIVE tACTION FOR o leases over $2,SOH HANDICAPPED WORKERS (APR 1984)(APP FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS. AND VETERANS OF THE VIETNAM ERA (JAN 1988) (Applies to leases over $10,000) FAR 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) GSAR 552.232-71 PROMPT PAYMENT (APR 1989) FAR 52.233-1 DISPUTES (OCT 1995) THE FOLLOIVING APPLY 1VHEV COST OR PRICING DATE IS SUBMITTED: FAR 52.215-22 PRICE REDUCTION FOR DEFECTIVECOST RPRCEA(JAN 1991) ('Applicable n is requiredDATA services exceeding $500,000.) FAR 52.215-24 SUBCONTRACTOR COST OR PRICING DATA (OCT 1995) (Applicable when the clause 52.215-22 is applicable.) The information collection requirements contained in this solicitation6ntract. that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163. Initials: 6&^ & LESSOR GOVERNMENT • • GSA Form 3517A (Rev 04196) • RESOLUTION NO.30-97 RESOLUTION ACCEPTING PROJECT NO. PW 95-02; TIDELANDS PHASE III DOCK • PROJECT AS COMPLETED BY ASSOCIATED PACIFIC CONSTRUCTORS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION THE CITY COUNCIL City of Morro Bay, California WHEREAS, on July 23, 1996 the City Council awarded the contract for Project No. PW95-02; Tidelands Phase III Dock Project to Associated Pacific Constructors, Inc. via the adoption; and, WHEREAS, on April 30, 1997 the Morro Bay City Engineer executed a Statement of Completion certifying the Project had been completed in substantial conformance to the Project specifications; and, WHEREAS, it is therefore appropriate to accept the Project as completed on behalf of the public and authorize the filing of a Notice of Completion. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that Project No. PW95-02; Tidelands Phase III Dock Project is hereby accepted as completed on behalf IS of the public. BE IT FURTHER RESOLVED, the filing of a Notice of Completion for the Project with the San Luis Obispo County Recorder is hereby authorized. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 28th day of April, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NO%AK, MAYOR ATTEST: 10.1 ';10 u/w/cou I/=30-97 CITY OF MORRO BAY i DEPARTMENT OF PUBLIC WORKS STATEMENT OF COMPLETION The undersigned hereby states that the construction of PROJECT PW 95-02, TIDELANDS PARK PHASE II DOCKS PROJECT, by Associated Pacific Constructors, Inc., 495 Embarcadero, Morro Bay, CA 93442 has been inspected and found to be complete and in substantial compliance with the approved plans and specifications. I It is therefore requested that the City Clerk file a Notice of Completion. • Yi i . /1 . A Stevert(J. $ylter City En ee April M, 1997 i I I • NOTICE OF COMPLETION TO WHOM TT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the construction of Project No. PW 95-02 Tidelands Phase III Dock Project in the City of Morro Bay, has been completed by Associated Pacific Constructors, Inc. as accepted as completed on mil 30 , 1997 BRIDGETT AAUER, City Clerk City of Morro ay, California • The undersigned hereby deposes and says: That she is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that she has read the foregoing notice and knows the contents thereof; that the same is true of her own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this _L2LLday of 19—t— BRIDGETT MiAUER, City Clerk City of Morro Bay, California Wwlnuw/ mplet • RESOLUTION NO. 29-97 RESOLUTION ADOPTING BIKEWAY PLANNING STUDY the City Council, City of Morro Bay, California WHEREAS, the development of bikeways in the community of Morro Bay is in accord with the adopted Circulation Element to the General Plan and is in the best interests of the public; and WHEREAS, it is appropriate to pursue installation of said bikeways in a prioritized and sequenced manner; and WHEREAS, in the effort to provide for said prioritizing, the preparation of a Bikeway Planning Study was authorized by the City Council and funded by a grant from the San Luis Obispo Council of Governments (SLOCOG); and WHEREAS, said Study has been completed and duly considered by the Public Works Advisory Board and the City Council at public hearings held thereof; and WHEREAS, it is determined to be in the best interests of the public to adopt said Study as City policy. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the Bikeway Planning Study, April, 1997 is hereby adopted as a policy document; and • BE IT FURTHER RESOLVED staff is hereby authorized and directed to pursue bikeway projects in the priority and sequence delineated in said Study. PASSED AND ADOPTED by the City Council, City of Morro Bay, at a regular meeting thereof held on the 28th day of April, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None ATTEST: 0 CATHY NOVAK, ayor • CITY of MORRO BAY BIKEWAY PROJECT PRIORITY LIST April, 1997 Approved by Resolution No. 29-97 A. REGIONAL PROJECTS 1) Quintana Road - Study Project #7; Continuation of the connection from the southern portion of the community along Quintana Road into the center of town; 2) High School - Study Project #2; Continuation of the Cloisters subdivision bikeway, now under construction, to Morro Bay High School and Atascadero Road; 3) North Main Street - Study Project #6; Continuation of the Quintana Road bikeway, connection to Atascadero Road, the High School and along Main Street to the north end of the community. This Project is recommended for incorporation into an overall road improvement project; 4) Atascadero Road/North Embarcadero - Study Project #9; Connects Main Street/ Highway I to the beach coastal resources; 5) Embarcadero - Study Project #4; Constructs bike/pedestrian bridge across Morro Creek and connects to existing Embarcadero/Coleman Drive providing additional access to coastal resources; and, 6) Beach Tract/Del Mar Park - Study Project #8; Connects Cloisters subdivision/High • School bikeway, along oceanfront area to proposed SLO County bikeway to Cayucos and beyond. B. LOCAL PROJECTS 1) Downtown Area - Study Project #10; This project connects destinations within the downtown commercial area as well as connections between regional routes; 2) Del Mar Park - Study Project #1; This project connects the 10 acre multi -use park with the regional Main Street bikeway; 3) Main Street - Study Project #3; This project, currently funded for construction, provides an alternative to the proposed Class 2 regional Main Street bikeway; and 4) South Street - Study Project #5; This project connects the downtown area to the Monte Young Park area. While this project is only one block long, it entails construction of facilities on an undeveloped road rather than merely striping or similar minimal measures. 0 • RESOLUTION NO.28-97 RESOLUTION APPROVING CORRECTION DEED FOR CITY SEWER EASEMENT THROUGH PACIFIC GAS & ELECTRIC COMPANY MORRO BAY POWER PLANT PROPERTY the City Council City of Morro Bay, California WHEREAS, the City owns and operates a municipal sewer collection pipeline through a portion of the PG&E Morro Bay Power Plant property; and WHEREAS, said pipeline is documented in that Relocation Agreement executed between the City and PG&E in volume 3052, page 112 of Official Records at the SLO County Recorders Office; and WHEREAS, it has been found that said Agreement contains an error consisting of an incorrect distance; and WHEREAS, a Correction Deed has been prepared by PG&E, referenced as LD #2229-10- 0420, to remedy said error; and WHEREAS, it is in the best interest of the public to cause the execution of said Correction Deed. • NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, that Correction Deed LD #2229-10-0420 is hereby approved. BE IT FURTHER RESOLVED, the Mayor is authorized to execute documents necessary to reflect this approval. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 28th day of April, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOVAK, Mayor ATTEST: " �&U� • B GETT UER, City Clerk Pacific Gas and Electric Company • February 25, 1997 William Boucher, Director Public Works Department CIT City of Morro Bay 11181 595 Harbor Street Morro Bay, California 93442 Re: Correction Deed - PC&E's Morro Bay Power Plant property ,1325 South Kowa Sheri P.O. Box 8592 San Luis Obispo, CA 93,108-8592 Dear Mr. Boucher: FEB 2 5 1991 ilvr t};"' '.(• WORK$ n !3,Ay The attached Relocation Agreement (LD #2229-10-0329) was written to change the location of an existing easement to coincide with the physical location of the City's underground sewer pipeline on PC&E's Morro Bay Power Plant property. This document contains an incorrect distance in its description of the easement. • o I have attached a Correction Deed (LD #2229-t6�wi r1-0dQ th the correct distance. Please have this document signed, in duplicate, on behalf of the City and have it recorded by the County of San Luis Obispo County Clerk. Thank you for your cooperation, in this matter. If there are any questions, please write to me at the letterhead address or telephone me at 546-3882. Sincerely, /!Eorc� Neil Ballweber, Land Agent San Luis Obispo Land Rights Office 0 co =a. _ ZP z9-/0 -0 3zg 4000-0021 (1.2) 4 87 2 7 D, f7� Sewer Line Relocation @ Morro Bay Power Plant 7 4.0:: %:F RECORDING REQUESTED BY J_ "'�4' 9/25/8710;1 7 DOC. N0. G3 r,1G I.D'4PU,L After recording, return to: pFFICIAL RECORDS ...CendE Land Department SAN LUIS OBISPO CO., CAL 0. Box 592 San Luis Obispo, CA 934U1-u59: SEP 25 W Locatto:i, - /Uninc � A'0'6nz� FRANCISM.000NEY Documentary Transfer Tax $ a n.b1 County Clock RaeofdOf ` , TIME 3120 PM v�1�L(X2^kl Signature o Detlaran or Agent de[crm to ing tax F. RELOCATION AGREEMENT PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called first party, makes this agreement with the CITY OF MORRO BAY, a r'unicipal rorporation, successor to }io:ro Bay Sanitary District, a California sanitary district, hereinafter cali.•d n=,.-.;nd party, for the purpose of changing the location of the right of way an easement within the strip of land described in the deed from Pacific Gas and Electric Company co Morro Bay Sanitary District dated January 22, 1954 and recorded In Book 753 of Official Rccords ,age 368, Records of the Canty of San Luis Obispo, State of California, under and by virtue of which second party is the owner of certain rights in, on, over, and across the lands, sit• to in City of Morro Bay, said County of San Luis Obispo, described in said deed dacod January 22, 1954. NOW, THEREFORE, the parties hereto agree that the location of the right of way and easement within said strip of land be, and it hereby is, changed to the .trip of land described as follows: tAPN 66-331-24) A strip of land of the uniform width of 10 feet extending from the southerly boundary line of the 48.7 acre parcel of land described in the deed from the County of San Luis Obispo to Pacific Gas and Electric Company, dated September 17, 1951 and recorded in Book 628 of Official Records at page 342, San Luis Obispo County Records, northerly to the northeasterly boundary line of the 61.0 acre parcel of land described in the lord from the County of San Luis Obispo to Pacific Gas and Electric C::.:,,:day dated December 17, 1951 any recorded In Book 641 of Official Records at -page 343, San Luis Obispo County Records, and lying 5 feet on each side of the line described as follows: VOL 3052PAGE 112 �...0. 2 E - 9 t u i 0 0 II Commencing at the found 3/4" iron pipe accepted as marking the westerly terminus of a course in the southerly boundary line of said 48.7 acre parcel of land, which course according to said dead dated September 17, 1951 has a bearing of south 890 19' west a length of 362.73 feet and runntn? •.h-nce (a) north 890 19' east 267.7 fees to a point in said southerly boundary line, being the TRUE POINT OF BFGINNING; thence leaving said southerly boundary line 1 (1) north 230 52' west 55.2 feat; thence ' (2) north 360 14' anal approximatelyL11dv �•:. j"-�S?•"1 to a point in said northeastey boundary line.feet The foregoing description is based on a survey made by second party in April 1987. The bearings used are based on :,olar observations made by second party. As so modified the rights granted by said deed dated January 22, 1954 are hereby confirmed in second party on the terms and conditions therein set forth. Except as expressly set forth herein, this agreement shall not in any way alter, modify, or terminate any provision of said deed dated January 22, 1954. This agreement shall inure to the henefit of and bind the successors and assigns of the rsecgctiv, parties hereto. IN WITNESS WHEREOF the parties here-,-) have execu�'d this agreement this day of 19P_. Q First warty: Second Party- ' l 1 PACIFIC GAS AND ELEEC�TRIC COMPANY CITY OF MORRO BA'i G R \L .h A Levitt DALE REDDELL, Mayor••�..4G ! ;t,gional General Services Manager Attested ARDITH:DAVIS, C4y.Glerk . Executed in the presence of: Approved as to form: Witness JUf Y`S iUS N, City Attorney M40 t/ 0 0. VOL 3052Paa 113 DO NOT RECORD THIS PAGE Mission Trail Region Los Padres Division T29S, R10E, MDBSM Soc 25, NE4 of SW4 Dwg. S-201005 , AF: 2229-10-0035 SBE: 135-40-4 135-40-9 135-40-10 Prepared G RT 624") IC."1.11e 1 Ro. Ir&T FO STATE OF CA IRNI s... Cuuntl• of iT, ?l.�/f+P•i!.. ..._. ........ / flGdY.GticGJLtt/............................:... On this ....�.2i1�. da)• 'If ... ..... in rite )vac 19..�<� hdn��re. mr, n • Notary Nbl' for rhr State of California. personally appeared ... ..... CG'Lli>'•//.-.�E.a�IT-'•-- """""""""""""" loea rrsonally known to me (or proved to me the basis ofsari.rfactorn evidence,,he rite pl.. on(s) K•he exrnr:rd the wirht^ Instrument.as tl'/�/%L1�,�Y.Fl1BL.�'FiPU/li�.L.11�✓lf�'�rlL-.... or on heha%ql�/fi./�1C!�il�'.AJIC/1.�l.:Z'/Xl[�.Gw^..'..'.:^.:.`n'_��. Official Seal acorporation. andocknowledgedtome that the corporation urcuteditpurnant to its b r•laK•s Ora re elution of its hoard of directors. OFFICIAL SEAL 1A C EARL NELSON d,;ia �jtlkJ� HOTAa" nVnllC - CAIIFORNIA ..... .-a "IMN ........................ ...................................................... .......... Noran• PublicJor the Smrc of Californin VOL 3052naA4 . , ............. •`./ :..i�t.L,. e)°. •�"t ��i; f� ° y `A'y7'., �• t •. I., q1. rN7!.r r', t�}r-'t•1,.. '�,1�::Oill. rt+3�Y��?:�1L�'.i.•i.-..r Hl Y� X�� Iv RESOLUTION NO 93-87 RESOLUTION :.?P;'OVING AN AGREEMENT WITH PACIrIC GAS AND ELECTRIC COMPANY REG.AhVING RELOCATION OF A SANITARY SEWER EASEMENT THROUGH THE MOhR3 BAY POWER PLANT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Sanitary District and Pacific Gas and Electric Company agreed to a sanitary sewer easement recorded in Book 753 of Official Records at Page 368 of the San Luis Obispo County Recorder; and WHEREAS, the City of Morro Bay is the successor to the Morro Bay Sanitary District; and WHEREAS, in conjunction with a construction project it was discovered that the actr.t;l location of the sewer main was nog. within the recorded ;asement description; and WHEREAS, Pacific Gas and ?lectric Company has prepared a revised legal description for an easemeii� relocat-ioii based upon the actual location of said sewer main. NOW, THEREFORE, BE IT RESOLVED by the City Council of the C4.ty of Morro Bay that the relocation agreement suhmitteu by Pacific Gas and Electric Company is hereby approved. BE IT FURTHER RESOLVED that tilt "nrro Bay City Administrator be authorized to cause the recordation of any and all documents appropriate to this agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the loth day of August, 1987, by the following vote: AYES: Lemons, Odell, Sheetz, Reddell NOES: None ABSENT: None DALE :E DDELL, Mayo= ATTEST: LERINl: MCA OF �G1Y�' aERK 1.�ith_Davi �pa�_.�� Al co-r>... ResolutloJfp� 93-87 A RDITH DAMS, Ity Clerk M:J,�riJ n•n 1A,, pp r11��[ ci �.11'1. �y.�CfTtNO �iH 5 HELOON 11E lO�AY 60 _8A DATco• Aug. 13 END OF DOCUMENT VOL 3052PKE115 mw r� &I a �} L 3§� �! (0 :1\(k\ - § ( � / La :{ /| 2 m° . E � � \ ! ` | / ! ! / ■-| § |i / . £ f ! � c < � 79.805 (REV. 4.94) LD 2229-10-0420 • • 0 97032 (JBO) 2 97 1 Sewer line Relocation @ Morro Bay Power Plant AFTER RECORDING, RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, N10A, Room 1015 P.O. Box 770000 San Francisco, California 94177 Location: City/Uninc Recording Fee S Document Transfer Tax $ ❑ Computed on Full Value of Property Conveyed, or ❑ Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale Signature of declarant or agent determining tax (APN 66-331-24) CORRECTION DEED 'i ' yt_e _ (" t/ l L PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called first party, makes this agreement with the CITY OF MORRO BAY, a municipal corporation, hereinafter called second party, for the purpose of correcting the deed from Pacific Gas and Electric Company to the City of Morro Bay, dated July 15, 1987 and recorded in Volume 3052 of Official Records at page 112, Records of the County of San Luis Obispo, State of California. In order to correct said deed dated July 15, 1987 the following line shall be deemed stricken from it, namely: "(1) north 23'52' west 55.2 feet; thence" and the following line shall be deemed substituted for the stricken line, namely: "(1) north 23'52' west 552.9 feet; thence" -1- The deed dated July 15, 1987 as corrected is confirmed by this agreement. • 9+� Dated this V day of 1990 First Party: Second Party: PACIFIC GAS AND ELECTRIC COMPANY CITY OF MORRO BAY By `�A_�C�. 124 By Lu de Silva Cathy N ak, Mayor Director, Land Rights and Resource Management Mission Trail Region Los Padres Division T29S, R10E, MDB&M Sec 25, NE4 of SW4 Dwg: S-291005 Aff: 2229-10-0329 Ref: 2229-10-0035 Prepared: JBO By Bridgett 4uer, City Clerk • -2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT W On 2/21/97 before me, Melissa Brosnan. Notary Public personally appeared Lu de Silva , personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the {{person(s) whose name(s) is/are subscribed to the within instrument and II �+.` ` �" �+; MEIISSA BROSNAN ''ppp Comm. # 1032560 �, NOTARY PUBLIC CALEOflMq A my and coney 1 San fra}xis;.o a -E oa�`'� Mi' Cann. Espiea Ly 17. 1978 -� acknowledged to me the he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY mommmmmo®mmmmommmmo®mmmmommm OPTIONAL mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE RESOLUTION NO.27-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE ADOPTION OF A CITY-WIDE RECORDS RETENTION SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay, incorporated in 1964, has accumulated an unmanageable amount of records, documents, and papers over that period; and WHEREAS, the systematic removal of obsolete, non -current, and useless records expedites the filing and finding of papers needed for current operations; and WHEREAS, it is highly beneficial to have an approved Records Retention Schedule which sets forth those specified time periods to insure that public records are retained as required; and WHEREAS, the State of California and the Federal Government have specified time periods in which public records are required to be retained; and WHEREAS, the provisions of Government Code 34090 prohibits destruction of records to title or lien on real property; court records; records required to be kept by statute; records less than two years old; and minutes, ordinances and resolutions of this Council and the City's boards and commissions; and WHEREAS, various sections of the Codes of the State of California set forth procedures and conditions for the destruction of certain City records, including the use of microfilm or electronic media; and WHEREAS, it is further understood that the Records Retention Schedule may need to be amended occasionally when new categories of records are developed or when a category becomes a burden to administer; and WHEREAS, the Morro Bay Police Department, by Resolution No. 23-97 has adopted procedures for destruction of Police records. 9 Resolution No. 27-97 Page Two NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: That the records of the City of Morro Bay as set forth in groups on Schedule A, which schedule is attached hereto and incorporated herein by this reference, are hereby authorized to be destroyed as provided by Sections 34090, 34090.5, 34090.6 and 34090.7 of the Government Code of the State of California and in accordance with the provisions of said schedule upon the request of the department head and with the consent in writing of the City Attorney, without further action by the City Council of the City of Morro Bay. 2. That Resolution No. 23-97 authorizing destruction of Police records is incorporated into this Resolution by reference and attached hereto. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on this 28th day of April, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak • NOES: None ABSTAIN: None APPROVED AS TO FORM: .T DAVID HUNT, City Attorney CATHY NObkK, Mayor ATTEST: 1 � BRIDGET-t,)3AUER, City Clerk P • 0 Group I - Group II - Group III - Group IV - DESCRIPTION OF PERMANENT RECORD Records Affecting Property Title or Liens Abandonment of Street Rights -of -Way Assessments Bikeways Building permits Cable Television Capital Improvements Checks & Inspections Condemnations Curbs Deeds Drainage Drawings Easements Encroachment Permits Flood Control Franchises General Plan Amendments Gutters Housing Hydrology Landscaping Land Use Entitlements Liens Lights Maps Parking Parks Records Required to be Kept by Statute Plans Rights -of -Way Signals Soil Erosion Special Encroachment Permits Street Names & Numbers Streets Trees Utilities Walks Water Weed Abatement Minutes, Ordinances and Resolutions of City Council or Boards and Commissions Announcements, Notices, Affidavits, Agenda, Minutes, Resolutions, Ordinances, Proclamations, Support Exhibits Documents with lasting administrative, legal, fiscal, historical or research value Administrative - Personnel cumulative records, Reviews, Action, Promotions, Time Records, Leave, CETA, Policy and Procedures, OSHA Inspections, Affirmative Action Program, any like above. Fiscal - Audit - Annual and Semi-annual, Monthly Budget Allocations, Appropriations, Expenditures, Encumbrances, Journals and Ledgers, Inventory, Payroll, Receipts, Collections, Cash, Check Register, Capital Property, Business Licenses, Fees, Schedules, Grants, Bonds, Trust Funds, Revenue Sharing, Treasurer's Register. Historical - City Organization Charts, Service Organizations, Chamber of Commerce, Centennial Year, Press Releases, Report and Statistical Analyses. • Other Records Group V- Pertain to duplicate copies of the above four listings, reference files, and XIII transitory files. Groups XIV, Include Items which can be destroyed departmentally upon supersession or XV & XVI- obsolescence. d/permmc • 0 RECORDS RETENTION SCHEDULE RETENTION PERIODS • RECORD; TITLE OR I OFFICE CENTER GROUP NO. DESCRIPTION ORIG DUP (IN YRS) (IN YRS) I DESTROY REMARKS I Records affecting title to real ,I X 2 P If Micro, see Note.#_1 property or liens thereon. Note #1 IAny item can be destroyed if I there are 2 copies on microfilm , I with one in safe storage. I II Records required to be kept X 2 P If Micro, see Destruction years only apply permanently by statute. Note #1 if not on film. City Council/ I Attorney authorization not req.I III Minutes, ordinances & resolu- �fions X 2 P See Note #4 of the City Council or Boards & Commissions i Note.#2 IV Documents with lasting histori- X 2 P See Note #1 & 3 Any item not on microfilm & cal, administrative, legal, fiscal, i subject to destruction will not or research value & record I I I be destroyed without written copy of City publications. I permission of the department head & the City Attomey � V Correspondence, operational I X 1 2 3 5 Note.#3 j reports & information upon See Note #5 Regardless of Office Retention I which City policy has been period as listed, earlier transfer established. to the Record Center is authorized. i • VI Duplicates of V above, when I X 2 2 Note.#4 retention is necessary for Original Council minutes, reference. ordinances, resolutions & official bonds will not be destroyed even if microfilmed. VII Duplicates of records requiring X 2 3 5 retention for more than five I See Note #3 years by statute or administra- tive value. VIII Duplicates needed for adminis- I I ! X 2 3 5 ! I ' Note.#5 trative purposes for five years. See Note #5 Destroy upon supersession or I i obsolescence. I IX All other original City records X i 2 I 1 3 or instruments, books or See Note #3 papers that are considered pub- I lic documents not included in Groups Will I i I I i X Duplicates and other docu- I X i I X 2 � 3 5 ments not public records I See Note #5 required to be maintained for administrative purposes. , XI I Duplicate records requiring re- X 3 I 3 tention for administrative pur- ISee Note #2 poses such as reference mater- ialfor making up budgets, for iplanning & programming, d:recreten 1 04/10/97 RECORDS RETENTION SCHEDULE RETENTION PERIODS i IRECORD � I TITLE OR ! OFFICE CENTER GROUP NO.! DESCRIPTION ORIG DUP 1 (IN YRS) I (IN YRS) DESTROY REMARKS I XII ' Reference files. (Copies of X 1 1 (documents which duplicate the �record copies filed elsewhere in the City; documents which j require no action ; rough drafts, i notes, feeder reports, & similar working papers accumulated in preparation of a communice- bon, study or other document, & cards, listings, indexes and other papers used for control- ling work. XIII Transitory files, including I I X 3 mos 3 mos letters of transmittal (when not a public record) suspense copies when reply has been re- ceived, routine requests for information & publication, tracer letters, feeder reports & other duplicate copies no longer needed. I i• XIV Original documents dispos- X 2 3 5 able upon occurrence of an See Note #5 event or an action ( i.e., audit completion, job com- pletion, completion of project, etc.) or upon obsolescence, super- session, revocation. I XV Department policy files & X Indefinitely i Indefinitely reference sets of publics- See Note #5 lions. XVI Duplicates required for adminis- X Indefinitely Indefinitely trative needs but destroyable on See Note #5 occurrence of an event or an ,action. d:recreten 2 04/10/97 0 RESOLUTION NO.26-97 APPROVAL OF AWARD OF A NEW 10 YEAR LEASE FOR LEASE SITE 34W TO JOHN M. HERBEL, ROBERT V. HERBEL, JANICE H. MEYERS AND JANE WILLIAMSON THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay holds in trust certain tidelands granted from the State of California, including the property known as Lease Site 34W on the Morro Bay waterfront; and, WHEREAS, a lease was entered into by and between the City of Morro Bay and Gladys Walton Herbel for said property on August 8, 1977; and, WHEREAS, the City of Morro Bay and the estate of Gladys Walton Herbel have agreed to enter into a new 10 year lease on said property; and, WHEREAS, any new lease agreement requires approval by the City Council. NOW THEREFORE. BE IT RESOLVED by the City Council of the City of Morro Bay that approval is hereby given for a new 10 year lease for Lease Site 34W to John M. Herbel, Robert V. Herbel, Janice H. Meyers and Jane Williamson. The Mayor is hereby authorized to • execute said lease agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of April, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None S • 1 pill Ulu gjm 0 C',--jZX., , r tv et k_ CATHY NOVAIC, MAYOR 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 John M. Herbel, Robert V. Herbel, Janice H. Meyers and Jane Williamson, as sole proprietors, 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 of Morro Bay, 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 of Morro Bay 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 premises 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 covenants to be performed and the rental to be paid by TENANT to CITY, CITY leases to TENANT, and TENANT leases from CITY, the premises herein called "said premises" in the CITY of Morro Bay, County of San Luis Obispo, State of California, described as follows: Lease Site 34W This property 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. A copy of said Map is attached hereto as Exhibit A and made a part hereof by reference. Article I FIXED TERM Section 1.01 Term The term of the lease shall be a period of 10 years, commencing July 1, 1997 and • terminating without notice on June 30, 2007, unless sooner terminated as herein provided. 2 Section 1.02 No Extensions • The term of this lease shall not be extended nor shall this lease be renewed. Requests for continued use of the premises 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 terms, covenants, conditions and rent schedules. Section 1.03 Hold Over Should TENANT hold the demised premises after the expiration of the term of this lease 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 term, 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 TENANT'S, resulting from TENANT'S failure to surrender possession of the demised premises upon termination of this lease during, at the end, or after expiration of the term hereof. Article 2 RENT Section 2.01 Minimum Rent TENANT agrees to pay to CITY in addition to the additional sums specified herein below, • a minimum guaranteed annual rental for the use and occupancy of said premises of Two Thousand Six Hundred and Forty dollars ($2640.00) per year payable in advance in equal semiannual installments on the first days of January and July of each year commencing July 1, 1997. 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 2.02 Annual CPI Adjustment to Minimum Rent The parties agree that on the first day of July, 1998, and each July I thereafter, except as provided for in Section 2.03 herein, 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 I, 1996, which is hereby agreed to be 155.7. 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 31at. The minimum annual rental shall be adjusted once each year on July I, 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.) 3 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 leased premises. Section 2.03 Five Year Calculation for New Minimum Rent On July 1, 2002 and at the end of the initial fifth year and of each five year period thereafter, a new minimum guaranteed annual rental shall be calculated as follows: A. A reasonable time prior to July I, 2002 and of each five-year period thereafter, an appraisal shall be made of the fair market value of the leased premises, excluding fixtures and improvements unless such are expressly included in the description of the leasehold hereinabove. CITY, at its own cost and expense, shall retain an independent qualified appraiser acceptable to TENANT for determination of the fair market value of said premises. If the parties 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 leased premises. In the event that the appraisal process is not concluded on or before the five year adjustment date, the 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. The new minimum guaranteed annual rental for the year commencing July I, 2002, and for each 5-year period thereafter 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 premises (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 January and July thereafter. This new minimum rent shall be adjusted each following year in proportion to any change in the Consumer Price Index as set out in Section 2,02 herein above. Section 2.04 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 said premises an additional sum equal to that percentage of TENANT'S gross sales, hereinafter defined, as shown on Exhibit B, attached hereto and incorporated herein by reference, less the amount of the minimum guaranteed rental paid pursuant to Section 2.01, 2 02, and 2.03 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 premises 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 made in or upon said premises; the gross amount received by 4 TENANT for merchandise sold pursuant to orders received in said premises, though filled elsewhere; and the gross amount received by TENANT from any and all other sources of income • derived from the business conducted upon said premises. C. Notwithstanding the provisions of Section 2.04 A. of this lease, 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 premises where TENANT must account for and remit the taxes to the government entity or entities by which they are imposed. 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 premises. 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 premises 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 premises 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 5 • 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 lease 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 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. Section 2.05 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 ()%) per month or fraction thereof or the maximum amount permitted by law as of the date this lease 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 3 USE OF PREMISES Section 3.01 Permitted Use Said premises shall, during the tern of this lease, be used for the purpose of operating and conducting thereon and therein the following: Rental of slips for berthing vessels and for uses normally incident to and directly allied to such purpose and for no other purpose. TENANT shall provide shoreside restroom and other services required for TENANT's slip holders at no cost to CITY and for uses normally incident to and directly allied to such purpose and for no other purpose. TENANT agrees that any liveaboard use of slips shall comply with the City's most current regulations regarding liveaboard or residential use of vessels, including any permits for liveaboard use which may be required. Section 3.02 Unauthorized Use TENANT agrees to allow only those uses authorized in Section 3.01 herein 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 said premises are used for uses other than those specifically authorized herein, then in addition to all other remedies allowed by law or authorized elsewhere in this lease, 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 rental, 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. G In the event the parties cannot agree on whether a use is authorized by this lease, the • parties shall appoint a three member committee whose determination of that issue shall be final. Each party shall appoint one member and those two members shall appoint the third. Section 3.03 Operation of Business - Hours of Operation Failure to actively and diligently conduct the business authorized herein, constitutes a breach of the agreement and shall, at the option of CITY terminate this lease. A. TENANT shall during the term of this lease conduct business of the nature specified in Section 3.01 of this lease on said premises in an efficient and diligent manner and keep said premises 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 premises shall be closed and the business of TENANT is temporarily shut down for a period not to exceed 14 calendar days in any -calendar year to make necessary minor or major repairs, maintenance or other construction deemed necessary by TENANT. Further this provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down as authorized or required by the CITY Administrator 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. B. TENANT shall operate TENANT'S business on said premises 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 premises, 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 purpose of • this lease. Section 3.04 Competition During the term 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 said premises, 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 3.05 Tidelands Trust TENANT shall use and occupy said premises in complete compliance with the Tidelands Trust purposes under which said premises or any portion thereof are held by CITY pursuant to the grants from the State of California as set forth hereinabove. Section 3.06 Compliance with Law TENANT shall, at his 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 said premises, and shall faithfully observe in the use of the premises 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 against 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 premises shall be conclusive of that fact as between CITY and TENANT. Section 3.07 Waste or Nuisance TENANT shall not commit or permit the commission by others of any waste on said premises; TENANT shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined by law on said premises; and TENANT shall not use or permit the use of said premises for any unlawful purpose. Article 4 CONSTRUCTION, ALTERATION AND REPAIRS Section 4.01 Construction Approval TENANT shall not make or permit any other person to make any alterations or structural additions or structural modifications to said premises or to any structure thereon or facility appurtenant thereto if the cost thereof shall exceed five thousand ($5,000) dollars, without the written consent of CITY first had and obtained as follows: 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 premises which shall provide for the full and complete development of the leased premises, showing all facilities, structures, landscaping or other improvements to be constructed or installed on each portion of the lease premises 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 4.02 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 Engineer's, Registered Architect's or Licensed and Bonded General Contractor's estimate of the cost of construction and installation of improvements on the leased premises. 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 (1000/0) 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 labor and materials 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. 8 Section 4.03 Mechanics' Liens At all times during the term of this lease, TENANT shall keep said premises and all • buildings and improvements now or hereafter located on said premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to said premises. TENANT further agrees to at all times, save 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 premises, and the cost of defending against such claims, including reasonable attorney's fees. Should TENANT fail to pay and discharge or cause said premises 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. Section 4.04 Ownership of Improvements The parties agree that at the termination of this lease, however occurring, TENANT shall have 60 days thereafter to remove all structures, facilities, installations, improvements and other property belonging to TENANT from the leased premises. The parties further agree that CITY also has the option and right to require TENANT to remove all structures, installations, improvements of any kind or other property belonging to or placed upon the leased premises by TENANT at the termination of this lease, however occurring, • providing CITY gives notice, in writing, no later than 30 days prior to the termination of ---- lease, of its decision to require that such improvements be removed. If CITY exercises such option and TENANT fails to remove such installations or improvements within 60 days after the termination of this lease, CITY shall have the right to have such installations or improvements removed at the expense of TENANT. If neither TENANT nor CITY exercise its option to remove or require the removal of as the case may be the improvements and installations, then title to such installations, structures and improvements shall vest in CITY and TENANT shall not remove same. Article 5 HYPOTHECATION OF LEASE CITY shall not be responsible for notifying any lien or security interest holder in the property of any default in the performance of the lease by TENANT unless the lien or security interest holder shall have previously registered with and notified CITY of such lien or security interest and filed with the City Clerk a copy of same. Article 6 REPAIRS, MAINTENANCE AND RESTORATION Section 6.01 Maintenance by TENANT At all times during the term of this' lease, TENANT shall, at TENANT's own cost and expense, keep and maintain said premises and all improvements now or hereafter on said premises 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 premises as well as any improvements, landscaping, or facilities thereon in a clean, sanitary, neat, tidy, orderly and attractive condition. 9 CITY may, at the sole option of CITY, clean and clear said premises, at TENANT'S cost • and expense, in the event TENANT fails to clean and clear said premises in accordance with this Section to the satisfaction of CITY after fifteen (IS) days written notice to TENANT from CITY of CITY's intent to exercise this option. Section 6.02 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 lease premises. Further TENANT shall at TENANT'S own cost and expense conduct maintenance surveys at reasonable intervals to locate and determine needed repairs. Section 6.03 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 said premises or the improvements or facilities on said premises 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 premises 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 premises, 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 6.04 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 premises until such repairs are completed and accomplished and the premises 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 6.05 TENANT'S Duty to Restore Premises Should, at any time during the term of this lease, any buildings or improvements now or hereafter on said premises be destroyed in whole or in part by fire, theft, the elements, or any other cause not the 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 (I80) 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 original construction work on said premises set forth in Article 4 of this lease. 10 Section 6.06 Inspection by CITY • TENANT shall permit CITY or CITY's agents, representatives, or employees to enter said premises at all reasonable times for the purpose of inspecting said premises to determine whether TENANT is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect CITY'S interest in said premises under this lease or to perform CITY'S duties under this lease. Section 6.07 Option to Terminate Lease for Destruction Notwithstanding the provision of Section 6.05 of this lease, TENANT shall have the option of terminating this lease 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, all debris and remains of the damaged improvements from said premises where: (1) Any buildings or improvements now or hereafter on said premises are so damaged or destroyed by fire, theft, the elements, or any cause not the fault of TENANT or CITY during the last fifteen (15) years of the term of this lease that they cannot be repaired and restored as required by Section 6.05 of the lease 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 premises. (2) Any buildings or improvements now or hereafter on said premises are so damaged or destroyed by fire, theft, the elements, or any cause not the fault to TENANT or CITY during the last ten (10) years of the term of this lease that they cannot be repaired and restored as required • by Section 6.05 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 premises. Section 6.08 Application 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 said premises 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 6.05 of this lease; provided, however, that should TENANT exercise the option given TENANT by Section 6.07 of this lease to terminate this lease because of damage to or destruction of buildings or improvements on said premises, 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 toward the reduction of the unpaid principal balance of the obligation secured and discharging said premises from any then outstanding encumbrance or encumbrances incurred by TENANT pursuant to Article 5 of this lease; and (2) 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 fee .estate of the damaged or destroyed buildings or improvements. Article 7 INDEMNITY AND INSURANCE Section 7.01 Indemnity Agreement • TENANT shall indemnify and hold CITY and the property of CITY, including said premises and any buildings or improvements now or hereafter on said premises, free and harmless • from any and all liability, claims, loss, damages, or expenses resulting from TENANT'S occupation and use of said premises, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of. (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 premises or in any way connected with said premises or with any of the improvements or personal property on said premises; (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 premises or some building or improvement on said premises, or (b) some act or omission on said premises of TENANT or any person in, on, or about said premises with or without the permission and consent of TENANT; (3) Any work performed on said premises or materials furnished to said premises 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 lease or to comply with any requirement of law or any requirement imposed on TENANT or said premises by any duly authorized governmental agency or political subdivision. Section 7.02 Liability Insurance TENANT shall at TENANT'S own cost and expense, secure promptly after the execution • of this lease 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 lease 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 lease, 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 7.04. Section 7.03 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. IN Section 7.04 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 said premises, as well as any and all additions thereto, insured for ninety (90) percent of their full insurable value by insurance 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 of Morro Bay. Any loss payable under such insurance shall be payable to TENANT, CITY, and any Lender under an encumbrance incurred by TENANT pursuant to Article 5 of this lease 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 6.08 of this lease. Section 7.05 Specific Perils to be Insured Notwithstanding anything to the contrary contained in Section 7.04 of this lease, the insurance required by Section 7.04 of this lease shall, whether or not included in the standard extended coverage endorsement mentioned in Section 7.04, insure all buildings, improvements, and other structures on said premises, 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 7.04 of this lease during the construction of said building project described in Article 5 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 7.06 Deposit of Insurance with CITY • TENANT shall within ten (10) days after the execution of this lease 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 each insurance policy required by this Article of this lease and an endorsement to the policy and a certificate executed by the insurance company or companies or their authorized agent evidencing such policy or policies. Section 7.07 Notice of Cancellation of Insurance Each insurance policy required by this Article of this lease 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 lease for service of notices on CITY by TENANT. Section 7.08 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. • 13 Article 8 TAXES AND UTILITIES • Section 8.01 TENANT to Pay Taxes TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed to TENANT on the lease premises by reason of said 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 premises. TENANT shall pay all possessory interest taxes applicable to the lease premises. Section 8.02 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 leased premises. Section 8.03 Utilities TENANT shall pay, or cause to be paid, and hold CITY and the property of CITY including said premises free and harmless from all charges for the furnishing of gas, water, electricity, telephone service, and for other public utilities to said premises during the term of this lease and for the removal of garbage and rubbish from said premises during the term of this lease. Article 9 CONDEMNATION Section 9.01 Total Condemnation If title and possession to all of the premises 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 possession of the premises is taken, 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 9.02 of this lease. Section 9.02 Condemnation Award Any compensation or damages awarded or payable because of the taking of all or any portion of said premises by eminent domain shall be allocated between CITY and TENANT as follows: (1) All compensation or damages awarded or payable for the taking by eminent domain of any land that is part of the said premises 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 premises through or under TENANT. (2) 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. (3) All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said premises taken by eminent domain where only a portion of said premises is taken by eminent domain and TENANT is not entitled to or does nut terminate this lease shall be applied in the manner specified in Section 9.04 toward the replacement of such improvements with equivalent new improvements on the remaining portions of said premises. (4) All compensation or damages awarded or payable because of any improvements • constructed or located on the portion of said premises taken by eminent domain where this lease is terminated because of the taking by eminent domain, whether all or only a portion of said premises is taken by eminent domain, shall be allocated between CITY and TENANT as follows: 14 (a) 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. (b) 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. (c) The term "time of taking" as used in this subparagraph shall mean 12:01 a.m. of, whichever shall first occur, the date title or the date physical possession of the portion of said premises on which the improvements are located is taken by the agency or entity exercising the eminent domain power. (5) Any severance damages awarded or payable because only a portion of said premises is taken by eminent domain shall be: _ (a) The sole and separate property of TENANT during the first two (2) years of the term of this lease; (b) Equally divided, except to the extent needed to replace any improvements taken by eminent domain with equivalent improvements on the remaining portion of said premises where TENANT cannot or does not terminate this lease, between CITY and TENANT during the third (3rd) to tenth (10th) years of the term of this lease; and Section 9.03 Termination for Partial Taking Should, during the term of this lease, title and possession of only a portion of said premises 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 premises 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 premises or any portion of said premises created by TENANT under this lease shall also terminate and said premises 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 premises 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 9.02 of this lease, under this lease. Section 9.04 Rent Abatement for Partial Taking Should, during the term of this lease, title and possession of only a portion of said premises 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 premises 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 lease shall, as of that time, be reduced in the same proportion that the value of the portion of said premises taken by eminent domain bears to the full value of said premises at that time; provided, however, that TENANT shall replace any improvements or facilities with equivalent new facilities on the remaining portion of said premises • 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 premises fit for the use specified in this lease. 15 Section 9.05 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 premises to a public or quasi -public agency or entity in lieu of and under threat by such agency or entity to take the same by eminent domain proceedings shall be considered a taking of title to all or such portion of said premises under the power of eminent domain subject to the provisions of this Article. Article 10 ASSIGNMENT AND SUBLEASING Section 10.01 No Assignment Without CITY'S Consent Except as provided in Section 10.02 of this lease, TENANT shall not assign or otherwise transfer this lease, any right or interest in this lease, or any right or interest in said premises or any of the improvements that may now or hereafter be constructed or installed on said premises without the express written consent of CITY evidenced by resolution 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 shall not be deemed to be a consent to any subsequent assignment of this lease by TENANT. CITY shall not unreasonably nor arbitrarily withhold it's approval to the assignment or transfer of this lease to an assignee who is financially reliable and qualified to conduct the business for which this lease was granted. It is mutually agreed that the personal qualifications of the person named herein as TENANT is a part of the consideration for granting of this lease and said party does hereby agree to maintain active control and supervision of the operation conducted on said premises. • Section 10.02 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 10.01 of this lease, any transfer or assignment of any stock or interest in the corporation totaling in the aggregate more than forty (40) percent of all such stock or interest in the corporation shall be considered an assignment of this lease requiring the prior written consent to CITY; provided, however, that a transfer from TENANT to a corporation of which TENANT owns 100% of the shares and any transfer of shares to a shareholder's spouse, children, or grandchildren caused by the shareholders death shall be excepted from this provision. Section 10.03 Application for Assignment A condition of an assignment shall be TENANT shall file with the CITY an application to assign the leasehold prepared by the prospective assignee. Concurrently with filing the application, TENANT shall pay a fee in cash or certified or cashier's check to enable CITY adequately to investigate the proposed assignees qualifications as a permitted assignee. CITY shall not be required to account for the use of the sum paid. If the proposed assignee's net worth on the date of assignment is not sufficient to reasonably guarantee successful operation of the leased premises, CITY may require TENANT to guarantee such assignee's obligations hereunder for such period as CITY deems advisable. 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. 16 Section 10.04 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, first had and obtained. Section 10.05 No Sublease Without CITY'S Consent TENANT shall not sub -lease the whole nor any part of the lease premises, or suffer any other person (the agents and employees of TENANT excepted) to occupy or use the leased premises, or any portion thereof, without the written consent of CITY evidenced by resolution 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 its consent to one who is qualified and financially reliable. Section 10.06 Term of Sublease In no event shall the term of any sublease 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 subleases, provided, however, that CITY may, at CITY'S option by mailing written notice to a subtenant, allow any subtenant to attorn to CITY and continue his or her occupancy on said premises as a TENANT of CITY. Section 10.07 SubTenant Subject to Lease Terms • Any and all subleases shall be expressly made subject to all the terms, covenants, and conditions of this lease. A breach of the terms of this lease by a sub -tenant or sub -lessee 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 lease. TENANT hereby agrees to and does guarantee payment of such percentage rentals due by a subtenant under the terns of this lease. Section 10.08 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 of Morro Bay a third party beneficiary, in a form acceptable to CITY, whereby the sub -lessee agrees to be bound by all of the terms, covenants and conditions of this lease. Further, it is agreed by TENANT that 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 10.09 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 -lessee, including the payment of rents, and TENANT shall agree that CITY may proceed directly against • TENANT for any obligation owing CITY by the sub -lessee. 17 Section 10.10 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 premises. Article 11 DEFAULT AND TERMINATION Section 11.01 Abandonment by TENANT Should TENANT breach this lease and abandon said premises 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 premises, in which event CITY shall be entitled to enforce all CITY'S rights and remedies under this lease including the right to recover the rent specified in this lease as it becomes due under this lease. Section 11.02 Termination for Breach by TENANT All covenants and agreements contained in this lease are declared to be conditions to this lease and to the term hereby demise to TENANT. Should TENANT default in the performance of any covenant, condition, or agreement contained in this lease 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 such termination, TENANT shall have no further rights hereunder and TENANT shall thereupon forthwith remove from said premises 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 leased premises subject to appropriate legal process. Section 11.03 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 termihate this lease; and that in the event of such termination, TENANT shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the leased premises subject to appropriate legal process. Section 11.04 Beneficiary May Cure Default CITY shall afford the beneficiary in any security instrument of record with CITY on the demise premises 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. Section 11.05 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 terms, conditions, and covenants of this lease, 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. la Section 11.06 Damages for Breach Should TENANT default in the performance of any covenant, condition or agreement • contained in this lease and the default be incurable or not be cured within the time period set forth hereinabove, then CITY may terminate this lease and: (1) Bring an action to recover from TENANT: (a) The worth at the time of award of the unpaid rent which had been earned at the time of termination of the lease; (b) 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; (c) 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 (d) Any other amount necessary to compensate CITY for all detriment proximately caused by TENANT'S failure to perform his obligations under this lease; and (2) Bring an action, in addition to or in lieu of the action described in subparagraph (1) of this section, to re-enter and regain possession of said premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 11.07 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 lease. Section 11.08 Waiver of Breach • The waiver by CITY of any breach by TENANT of any of the provisions of this lease 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 lease. Section 11.09 Surrender of Premises On expiration or sooner termination of this lease, TENANT shall surrender said premises, all improvements in or on said premises, and all facilities in any way appertaining to said premises, to CITY in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. Article 12 MISCELLANEOUS Section 12.01 Attorney's Fees Should any litigation be commenced between the parties to this lease concerning said premises, this lease, 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 his attorneys fees in such litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose. Section 12.02 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: vJ • Ian Meyers 160 Island Morro Bay CA 93442 Such addresses may be changed by written notice by either party to the other party. Section 12.03 Governing Law This lease, and all matters relating to this lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this lease or any decision or holding concerning this lease arises. Section 12.04 Binding on Heirs and Successors Subject to the provisions herein relating to assignment and subletting each and all of the terns, conditions, and agreements 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 12.05 Partial Invalidity Should any provision of this lease 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 12.06 Sole and Only Agreement This instrument constitutes the sole and only agreement between CITY and TENANT respecting said premises, the leasing of said premises to TENANT, or the lease terms 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 premises, their leasing to TENANT by CITY, or any other matter discussed in this lease not expressly set forth in this instrument are null and void. No modification, amendment, or alteration of this lease shall be valid unless it is in writing and signed by both parties. Section 12.07 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 12.08 Time of Essence Time is expressly declared to be the essence of this lease. Section 12.09 Memorandum of Lease for Recording • Neither party, CITY or TENANT, shall record this lease 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 lease for purposes of, and in a form suitable for, being recorded. The memorandum or "short form" of this lease shall describe 20 the parties, CITY and TENANT, set forth a description of the leased premises, specify the term of this lease, and shall incorporate this lease by reference. • Section 12A0 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 Staten of Araarica. Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE The following provisions apply to this lease site only: Section 13.01 Security Deposit In recognition of TENANT's long term meeting of financial obligations to the CITY, no security deposit is required from this tenant. - Upon transfer or assignment of this leas from TENANT, CITY reserves the option to institute a security deposit for the remainder of the term of this lease equal to 50% of the then current minimum rent. Section 13.02 Liveaboard Use TENANT may allow liveaboard use of the premises provided the vessels are in compliance with the CITY's vessel habitation ordinance and as outlined in Section 3.01 hereinabove. EXECUTED on April 14 1997, at Morro Bay San Luis Obispo County, California. CITY OF MORRO BAY TENANT CATHY NOVAK, MAYOR JOHN M. HERBEL ATTEST: ROBERT V. HERBEL BRIDGETT AVER, CITY CLERK 1 "ICE K. 6'tEYERS Approved as to Form DAVID HUNT, CITY ATTORNEY JA E AMSON 0 EXHIBIT k 0.1 EXHIBIT B FOR CITY LAND AND WATER LEASES • %GROSS SALES FOOD SERVICE: Restaurant, Dining Room 3 5 Snack Bar, Delicatessen, Fast Food, convenience Food 5 Bar/Lounge 10 RETAIL SALES & SERVICE: Tenant 5 5 Sub -Lessee FISH & SEAFOOD: Retail Sales 5 Wholesale Sales 0.5 Unloading Fish $0.01/lb. MOORINGS, TIES & SLIPS: Pier/Fixed Piles 10 Pier/Floating 10 BOAT & MARINE REPAIR: 5 FUEL: Gasoline $0.02/gal. Diesel $0.015/gal. ART OBJECTS & PAINTINGS: 10 • Percentage Rental is to be based on the gross amount received from any and all sources of income derived from the lease site. 40 1 • RESOLUTION NO. 25-97 APPROVAL OF ASSIGNMENT AND ASSUMPTION OF LEASE SITE 150 FROM WIXOM CONCRETE, INC. TO KAISER SAND AND GRAVEL CORPORATION, EXTENSION OF THE ONE YEAR LEASE AGREEMENT FOR PROPERTY ADJACENT TO LEASE SITE 150 AND AUTHORIZATION FOR THE MAYOR TO EXECUTE A LANDLORD ESTOPPEL AGREEMENT FOR LEASE SITE 150 THE CITY COUNCI City of Morro Bay, California WHEREAS, the Cayucos Sanitary District and City of Morro Bay are joint lessors of certain property on the Morro Bay waterfront described as Lease Site 150, and; WHEREAS, a lease was entered into by and between the Cayucos Sanitary District and City of Morro Bay with Wixom Concrete, Inc. for said property commencing on October 1, 1988; and, WHEREAS, Wixom Concrete, Inc. has requested that their interest in Lease Site 150 be assigned to and assumed by Kaiser Sand and Gravel Corporation; and, WHEREAS, the lease agreements require approval of any assignment of the lease agreement; and, WHEREAS, the Kaiser Sand and Gravel Corporation is requesting that the City authorize execution of an estoppel agreement on said Lease Site; and, • WHEREAS, there is an existing one year lease agreement for a portion of land adjacent to said Lease Site, known as 150 Extension, which Kaiser Sand and Gravel Corporation Corporation will also assume. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that approval is hereby given to assignment of the lease agreements for Lease Sites 150 and 150 Extension to Kaiser Sand and Gravel Corporation contingent on City Attorney approval of final assignment and assumption documents. The Mayor is hereby authorized to sign said documents after approval of the City Attorney no later than July 1, 1997 and upon approval by the Cayucos Sanitary District. BE IT FURTHER RESOLVED THAT the Mayor is hereby authorized to execute the landlord estoppel agreement on Lease Site 150 Kaiser Sand and Gravel Corporation subject to City Attorney approval of the final agreement form and approval by the Cayucos Sanitary District. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of April, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None r oai�" CATHY NOVA , MAYOR L"k ' rr :� • RESOLUTION NO. 24-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO SOLID WASTE ADJUSTMENT METHODOLOGY T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, AB 939 requires that each jurisdiction divert 50% of its waste from landfills by the year 2000; and WHEREAS, the California Integrated Waste Management Board (CIWMB) has adopted a Waste Adjustment Method codified in the California Code of Regulations, Title 14, Division 7, Chapter 9, Article 9, Section 18797.3; and WHEREAS, the CIWMB Waste Adjustment Method is used to adjust the waste generated in 1990 to reflect conditions in the current year considering sales tax, employment and inflation, with population a minor factor, and is a critical component to calculating diversion rates and a Jurisdiction's compliance with the 25% and 50% diversion mandates of AB 939; and WHEREAS, other States use population only based adjustment • methods to calculate diversion rates and if applied in California would significantly increase the diversion rate of many California Jurisdictions; and WHEREAS, the Jurisdictions in California are diverse and should be given the flexibility to select an adjustment method which most closely fits the local situation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the League of California Cities is hereby urged to support legislation amending the California Code of Regulations to allow Jurisdictions to select a population only based waste adjustment method, or at their option the current CIWMB Waste Adjustment Method. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of April, 1997 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOVAKk Mayor ATTEST: • BRIDGET BAUER, City Clerk • RESOLUTION NO. 23-97 A RESOLUTION RESCINDING RESOLUTION NO. 115-91 AND REVISING THE AUTHORITY FOR THE DESTRUCTION OF CERTAIN POLICE DEPARTMENT RECORDS, DOCUMENTS AND PAPERS PURSUANT TO SECTIONS 34090 ET SEQ OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS the Morro Bay City Council had previously authorized the destruction of obsolete police department records pursuant to Resolution No. 115-91; and WHEREAS the previous resolution authorizing the destruction of such records requires revision due to statutory changes in the law; and WHEREAS the Chief of Police has submitted a request to rescind the prior resolution and reauthorize the authority to destroy obsolete records reflecting said statutory changes; and WHEREAS said request is in accordance with the procedures and requirements of Section 34090 and 34090.6 of the California Government Code; isNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MORRO BAY NOW, THAT RESOLUTION NO. 115-91 IS HEREBY RESCINDED AND THAT; 1. The following records, documents, instruments, books or papers may be destroyed when no longer required. a. Recordings of telephone and radio communications over one year old, providing such recordings and copies are not evidence in any claim filed, or pending or potential litigation, in which case, such recordings shall be preserved for one hundred and eighty (180) days after the conclusion of litigation. b. Receipts for payment of miscellaneous police services and parking bail over two (2) years old. C. Records of expired licenses and permits over (2) years old. d. Records of lost and found items, over two (2) years old, that have been lawfully disposed of. e. Miscellaneous non -criminal reports and is correspondence over two (2) years old. f. Police daily activity records, logs and E-911 print-outs over two (2) years old. g. Background investigation reports on potential employees or volunteers, that are over two (2) years old. h. Auction and lien sale receipts and records over two (2) years old. i. Field interview cards over two (2) years old. j. All crime and supplemental reports, index cards, photographs and logs, of infractions, misdemeanors and felonies over two (2) years old, providing: (1) They do not relate to unadjudicated arrests, except for item 2 below. (2) They do not relate to unserved warrants. (3) They do not involve identifiable items which have not been recovered. (4) They do not relate to Penal Code § 290 and • 457.1, or § 11590 Health and Safety Code registrants. (5) They do not relate to a criminal death. (6) They do not relate to violations listed in Penal Code § 799, 800, 801, 801.5, 802 and 803. (7) The cases are not presently involved in either civil or criminal litigation. (8) They do not involve outstanding missing persons or runaway juveniles. k. Pursuant to Government Code § 34090.5 duplicates of records may be destroyed when the duplicates are no longer needed. 2. Any documents relating to citizen complaints or investigations in response to citizen complaints relating to members of the Police Department and internal affairs investigation files shall be retained for a period of at least five (5) years, providing such documents are not evidence in any claim filed or any pending, or potential litigation, in which case such documents shall be Ispreserved for five (5) years after the conclusion of litigation. • 3. Arrest warrants according to a recall schedule established by the courts for the timely return of warrants. 4. Any record ordered destroyed pursuant to court order or existing statute. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 28th day of April, 1997, on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: BRIDGET BAUER, City Clerk is NIV- CATHY VAK, Mayor RESOLUTION NO. 22-97 • A RESOLUTION APPROVING THE APPLICATION OF A GRANT FROM THE AIR POLLUTION CONTROL DISTRICT FOR THE TROLLEY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Air Pollution Control District (APCD) has issued a Request for Proposals for Motor Vehicle Emissions Projects; and WHEREAS, projects eligible for funding must reduce air pollution from motor vehicles, reduce vehicle trips, increase vehicle occupancy, augment existing public education efforts in support of alternative transportation, or otherwise implement the transportation related provisions of the California Clean Air Act of 1988; and WHEREAS, the City Council at its March 10, 1997 meeting adopted the trolley as a permanent transit program; and WHEREAS, the City Council approved at its March 10, 1997 meeting the purchase of a second trolley to replace the current trolley; and • WHEREAS, the trolley reduces the number of vehicle trips within the City and promotes the use of alternative transportation in the downtown and waterfront areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Public Works Department has approval to apply for a grant from the Air Pollution Control District to help fund the purchase of a replacement trolley. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of March, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOVAK, Mayor ATTEST: BRIDGETT AUER, City Clerk • RESOLUTION NO. 20-97 AUTHORIZING THE MAYOR TO EXECUTE A LETTER TO CONGRESS REQUESTING INITIATION OF A FEASIBILITY STUDY ON HABITAT RESTORATION/PROTECTION BY THE ARMY CORPS OF ENGINEERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Army Corps of Engineers (ACOE) started construction projects in Morro Bay in 1890; and, WHEREAS, the Federal Government, through the ACOE, constructed an emergency Navy Base in Morro Bay in 1942 which included construction of the existing harbor jetties and inner harbor revetment which have substantially changed the physical properties to Morro Bay harbor and estuary; and, WHEREAS, in 1995 the Morro Bay estuary and watershed were designated as a National Estuary in the National Estuary Program under the Environmental Protection Agency; and, WHEREAS, the Morro Bay National Estuary Program is now completing a management plan for protection and enhancement of the Morro Bay estuary; and, WHEREAS, the ACOE has a special expertise in hydrological and sedimentation issues that may • be of great assistance in analyzing the problems facing Morro Bay estuary; and, WHEREAS, an ACOE feasibility study on the Morro Bay estuary would be the first step in identifying a potential habitat restoration/environmental protection project under ACOE work efforts; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the mayor is hereby authorized to execute a letter requesting that Congress authorize the Secretary of the Army to review the reports of the Chief of Engineers on the Morro Bay Harbor Study, published as House Document #103-33, 103`d Congress, 1s' Session, and other pertinent reports, with a view to determining the advisability at this time of providing Federal improvements for the purposes of preserving and restoring the aquatic and adjacent environment and related resources within the Morro Bay Estuary. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10th day of March 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None 21d , Z "J-k— CATHY NOVA , MAYOR • BRIDGETT UER, CITY CLERK • 0 RESOLUTION NO. 19-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE FISCAL YEAR 1997-98 MASTER FEE SCHEDULE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of providing those services; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from user fees and user charges which do not exceed the cost of providing the regulation, product or service do not constitute "proceeds of taxes" ; and WHEREAS, the City has reviewed its fees, taking into account the annual changes in personnel costs, supply costs, and other costs and finds that the proposed fees are in all cases no more than the actual costs of providing the related services; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for annual review of the Master Fee Schedule by the City Council and for the adoption of such fees by City Council Resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fiscal Year 1997-98 Master Fee Schedule is adopted and will be effective July 1, 1997 and thereafter unless amended. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the loth day of March, 1997, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ri: CATHY NQVAK, Mayor RESOLUTION NO. 18-97 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE TEMPORARY USE OF COMMUNITY CENTER RESERVES, A RESTORATION PLAN FOR THOSE RESERVES AND A TRANSFER OF FUNDS BETWEEN THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council finds that the Recreation & Parks Department has a critical need to replace its failing computer system; and WHEREAS, the City Council further finds that it would be cost effective to proceed with the upgrading of the Police Department computer network in conjunction with the Recreation & Parks Department computer system; and WHEREAS, the City Council, by Resolution 131-95, authorized the purchase of computer services and equipment from Gemma Systems, Inc. of San Clemente, California, based upon a competitive bid procedure; and WHEREAS, Gemma Systems, Inc remains under contract to the City of Morro Bay for computer services and equipment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that 1) An appropriation of $32,000 is made from the General Fund Reserve for Community Center Maintenance for • the purchase of services and equipment needed to upgrade the Recreation & Parks Department network computer system. 2) The Reserve for Community Center Maintenance is to be restored through accelerated contributions of $21,000 per year for the Fiscal Years 1997-98 & 1998-99. Said contributions shall be included in the Recreation & Parks Department operating budget. 3) A transfer of the above mentioned $32,000 plus $38,000 from the Police Department operating budget of the General Fund (total of $70,000) to the Capital Improvement Fund is authorized. 4) An appropriation for the amounts transferred is authorized in the Capital Improvement Fund. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the I Oth day of March, 1997, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Novak NOES: Peters ABSENT: None N AK, Mayor BRIDGETT AUER, City Clerk 9 RESOLUTION NO. 17-97 AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY FOR USE OF THE PARKING LOT AREA BETWEEN GREAT AMERICAN FISH COMPANY AND HARBOR HUT RESTAURANTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Pacific Gas and Electric Company (PG&E) is holds title to certain property on the Morro Bay waterfront described as State Board of Equalization Map Number 135-40-10B, Parcels 2, 4, and 5; and, WHEREAS, the City of Morro Bay (City) and PG&E have had an informal agreement whereby the City has had use of said property for public parking in exchange for the City maintaining said property and carrying liability insurance on said property; and, WHEREAS, PG&E and the City now wish to enter into a written license agreement for City's use of said property for public parking. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the license agreement which will allow the City to use said property for public parking provided the City maintains said property and provide liability insurance on said property. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of February, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None cj�m, iDN� CATHY N AK, MAYOR • RESOLUTION NO. 16-97 RESOLUTION URGING THE STATE OF CALIFORNIA TO REDUCE THE SPEED LIMIT ON A PORTION OF HIGHWAY 1 WITHIN THE CITY OF MORRO BAY FROM 65 MPH TO 55 MPH THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State of California establishes speed limits on Highway 1 in the City of Morro Bay; and, WHEREAS, said speed limit was recently increased to 65 mph for the full length of Highway 1 through the City; and, WHEREAS, the portion of Highway 1 within the city limits of Morro Bay from north of the Highway 1/Highway 41 interchange to Yerba Buena Street has five at -grade intersections with City streets; and, WHEREAS, the safety of the traveling public is a primary mission of the City of Morro Bay; and, WHEREAS, the intersection of Highway I and Yerba Buena Street has been identified by the State as meeting warrants for traffic signal installation with said installation having been programmed for construction with an undetermined schedule. • NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, that the increased speed limit on Highway 1 where at -grade intersections exist is inconsistent with, and contrary to, the health and welfare of the traveling public in the City of Morro Bay; and, BE IT FURTHER RESOLVED, the State of California and it's duly authorized representatives are herewith urged on behalf of the citizens of Morro Bay and the traveling public to reduce the speed limit to 55 mph on that portion of Highway 1 from north of Highway 41 to Yerba Buena Street at the earliest possible time in the interests of public safety. PASSED AND ADOPTED by the City Council, City of Morro Bay, at a regular meeting thereof held on the 24th day of February, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None r%izAA_� CATHY NOVAN, Mayor ATTEST: • BRIDGETT UER, City Clerk • RESOLUTION NO. 15-97 RESOLUTION ACCEPTING PROJECT NO. PW 95-03; SOUTH BAY BOULEVARD RECONSTRUCTION AND BIKE LANES, PHASE I AS COMPLETED BY MADONNA CONSTRUCTION AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION THE CITY COUNCIL City of Morro Bay, California WHEREAS, on March 25, 1996 the City Council awarded the contract for Project No. PW95-03; South Bay Boulevard Reconstruction, Phase 1 to Madonna Construction Company via the adoption of Resolution No. 23-96; and. WHEREAS, on January 17, 1997 the Morro Bay City Engineer executed a Statement of Completion certifying the Project had been completed in substantial conformance to the Project specifications; and, WHEREAS, it is therefore appropriate to accept the Project as completed on behalf of the public and authorize the filing of a Notice of Completion. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that Project No. • PW95-03; South Bay Boulevard Reconstruction and Bike Lanes, Phase 1 is hereby accepted as completed on behalf of the public. BE IT FURTHER RESOLVED, the filing of a Notice of Completion for the Project with the San Luis Obispo County Recorded is hereby authorized. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 24th day of February, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY ROVAK, Mayor ATTEST: It • 10 CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS STATEMENT OF COMPLETION: The undersigned hereby states that the construction of PROJECT PW 95-03, SOUTH BAY BOULEVARD RECONSTRUCTION AND BIKE LANE PROJECT PHASE I by Madonna Construction Company, P.O. Box 3910, San Luis Obispo, CA 93403 has been inspected and found to be complete and in substantial compliance with the approved plans and specifications. It is therefore requested that the City Clerk file a Notice of Corttpletion. f Steven Iv t r City Eng eer January 17, 1957 i i i ; • NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the construction of PROJECT NO. PW95-03; SOUTH BAY'BODLEVARD RECONSTRUCTION, PHASE I in the City of Morro Bay, has been completed by MADONNA CONSTRUCTION COMPANY accepted On - February 24 19 97 The undersigned hereby deposes and says: and BRIDGETT LIER, City Clerk City of Morro Bay, California That she is the City Clerk of the City of Morro Bay, San Luis Obispo County, California-, that she has read the foregoing notice and knows the contents thereof, that the same is true of her own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 24th day Of February 19 97 . BRIDGETT LIER, City Clerk City of Morro ay, California dr-e:cmpttn 0 RESOLUTION NO. 13-97 • RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR A BIKEWAY PLANNING STUDY GRANT AND APPROVING AND MAKING BUDGETARY APPROPRIATIONS THEREFOR THE CITY COUNCIL, City of Morro Bay, California WHEREAS, the development of bicycle facilities is desirable to provide for this viable alternative mode of transportation; and, WHEREAS, the adopted Circulation Element to the City's General Plan provides for development of bicycle routes within the City and connections to regional bicycle routes; and, WHEREAS, portions of said routes have been completed but in a somewhat discontinuous manner; and, WHEREAS, it is necessary and appropriate to provide for a sequenced and prioritized series of bicycle route improvements; and, WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) has agreed to provide a grant in the amount of $15,000 to assist the City in a bikeway planning study, referred to as the Morro Bay Bikeway Study, with such monies being remitted to the City on a reimbursement basis; and, . WHEREAS, a Cooperative Agreement has been prepared to formalize said grant; and, WHEREAS, it is necessary to appropriate and expend funds needed to complete said Study. is NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro, that the Cooperative Agreement (No. REG -62) for said Study is hereby approved and the Mayor is authorized to execute said Agreement on behalf of the City; and, BE IT FURTHER RESOLVED, that the Fiscal Year 1996-97 operating budget of the City of Morro Bay is amended by modifying appropriations and estimated revenues of the General Fund to reflect acceptance of this grant. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 10th day of February, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None ATTEST: CATHY NO AK, Mayor San Luis Obispo Council of Governments State Highway Account (SHA) General Agreement Agreement No. REG- 62 • COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo Council of Governments, referred to herein as "SLOCOG", and the CITY OF MORRO BAY a political subdivision of the State of California, referred to herein as the "CITY". RECITALS WHEREAS, SLOCOG and the CITY, pursuant to the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and Senate Bill 1435 (1992) are authorized to enter into a Cooperative Agreement for any transportation purpose within the CITY; and WHEREAS, SLOCOG has approved the request of regional State Highway Account (SHA) funds for the project identified in Exhibit A, and each of the individual projects is herein referred to as "PROJECT;" and • WHEREAS, SLOCOG and the CITY desire to exchange Surface Transportation Program (STP) funds for State Highway Account (SHA) funds for each PROJECT, therefore eliminating the non-federal match • and compliance with the National Environmental Policy Act (NEPA); and WHEREAS, all applicable laws, regulations, and policies relating to the use of State Highway Account (SHA) funds for each PROJECT, including funds at work Insignia information, shall apply notwithstanding any other provisions of this Agreement; and a WHEREAS, All obligations of the CITY under the terms of this Agreement are subject to funding appropriation by the Legislature, and the receipt and allocation of funding by SLOCOG; and WHEREAS, the parties hereto intend to define herein the terms and conditions under which each PROJECT is to be designed, constructed, financed, and maintained. NOW, THEREFORE, In consideration of the processes and conditions set forth herein, the parties agree as follows: CITY: (1) The CITY agrees to administer each PROJECT and conduct the applicable environmental process required under the California Environmental Quality Act (CEGA) for each PROJECT. (2) The CITY agrees to advertise, open and review bids, and to award the contract for each applicable PROJECT (or combination of projects), in accordance with State laws. (3) The CITY agrees that all phases of each PROJECT will be developed in accordance with policies, procedures, practices, standards, regulations, and laws that apply to the CITY (and Caltrons when PROJECT Involves state highway facilities). REG-62 Page 1 of 4 (4) The CITY agrees to construct each PROJECT In accordance with the plans and specifications of the CITY and (and Caltrans when PROJECT Involves state highway facilities) in accordance with the conditions of funding adopted by SLOCOG. • (5) The CITY agrees to maintain the facilities constructed, Improved, or otherwise modified. (6) The CITY agrees to utilize, for each PROJECT, an amount of SHA funds equal to or less than that adopted by SLOCOG and shown in Exhibit A. SLOCOG's total obligation for PROJECT costs shall not exceed the amount shown in Exhibit A unless SLOCOG has, in writing, authorized a greater amount. (7) The CITY agrees to account for all costs on each PROJECT to be paid by SLOCOG pursuant to this Agreement. (8) After the opening of bids on any PROJECT, the CITY shall notify SLOCOG of any cost overruns or underruns to the original PROJECT cost estimate. The following will be reflected in SLOCOG's STP/SHA accounting spreadsheets: a.l If there is an underrun on any regional PROJECT, the cost savings for that PROJECT will be available for reprogramming into another CITY project as approved by SLOCOG. The proposed substitute project must already be programmed and under -funded. o.2 If there is an underrun on any urban PROJECT, the cost savings will be available for reprogramming on other CITY project(s) as approved by SLOCOG. b. If there is an overrun on any PROJECT, the CITY will be solely responsible for providing the additional costs for that PROJECT (This may be accomplished from various local funding sources, including under -runs from other CITY STP/SHA projects). (9) The CITY may submit, at a maximum of once a month per PROJECT, Invoices identifying the • amount expended (including all direct and Indirect costs) by the CITY in accordance with the • CITY's standard accounting procedures. Invoices shall contain the following information: a. STP/SHA Project Number and Name. b. A brief description of work accomplished during the billing period. c. A copy of the consultant's bill to the CITY (if applicable). d. Amount expended by the CITY during the billing period, along with evidence of funds expended. (e.g., a copy of a CITY check to consultant or accounting documentation, etc.) e. Amount requested for reimbursement for the billing period. (10) Within two months after each PROJECrs completion and all work Incidental thereto, the CITY must provide SLOCOG certification (see Exhibit B) of each PROJECT completion in accordance with the provisions In this Agreement, and a final Invoice containing those items listed above and the unreimbursed costs for each PROJECT expended by the CITY. (11) The CITY hereby grants to the State of California and/or SLOCOG access to the CITY's books and records for the purpose of verifying that SHA funds paid are properly accounted for and the proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection by authorized Caltrans and/or SLOCOG agents at any time during each PROJECT's development and for a four-year period from date of completion of each PROJECT or for one year after the audit is completed or waived by Caltrans and/or SLOCOG, whichever is later. (12) Upon completion of all work under this Agreement, ownership and title to all materials will automatically be vested in the CITY and no further agreement will be necessary to transfer ownership to the CITY. REG-62 Page 2 of 4 (13) If existing public and/or private utilities conflict with the PROJECT construction or violate the CITYs encroachment policy (as applicable), the CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation, or removal. The CITY shall review the plans for protection, relocation, or removal. If there are costs of such protection, relocation, or removal • which the CITY must legally pay, the CITY shall pay the cost of said protection, relocation, or removal, plus cost of engineering, overhead and inspection. If any protection, relocation, or removal of utilities is required, such work shall be performed In accordance with CITY policy and procedure. (14) The CITY shall fully defend, Indemnify, and save harmless that SLOCOG, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of Injury occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority, or jurisdiction delegated to the CITY under this Agreement. SLOCOG: (15) SLOCOG agrees to reimburse the CITY within 25 days of receipt of invoice(s) as documented in provision #9, the amount expended by the CITY during the invoices' billing period. SLOCOG's total obligation for each PROJECT cost shall not exceed the amount shown for each PROJECT in Exhibit A unless SLOCOG has, in writing, authorized a greater amount. (16) Neither SLOCOG 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 the CITY under or in connection with any work, authority, or jurisdiction delegated to the CITY under this Agreement. BOTH PARTIES: • (17) SLOCOG shall designate a SLOCOG Surface Transportation Program (STP) Project Coordinator and • the CITY shall designate a representative through whom all communications between the two agencies shall be channeled. (18) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties thereto, and no oral understanding or agreement not Incorporated herein shall be binding on any of the parties thereto. (19) This Agreement may be terminated or provisions contained therein may be altered, changed, or amended by mutual consent, in writing, of the parties hereto. (20) Prior to award of a contract for a PROJECT, SLOCOG may terminate the Cooperative Agreement by written notice, provided SLOCOG pays the CITY for all PROJECT -related costs reasonably incurred by the CITY prior to termination. Also, prior to award of a contract for a PROJECT, the CITY may terminate the Cooperative Agreement by written notice, provided the CITY pays SLOCOG for all costs reasonably incurred by SLOCOG prior to termination. (21) If, during the course of a PROJECT, it is found that a cost overrun exceeding the bid estimate (plus contingencies) occurs, SLOCOG and the CITY shall meet and resolve the issues pursuant to the Provision #8. (22) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of local roads different from the standard of care imposed by law. REG-62 Page 3 of 4 Approval Paae: CITY OF MORRO BAY By: L�. N .At - MAYOR Date: Z i k } ATTEST: % • .�► . •. ., By: Date: -�q a • SAN LUIS OBISPO COUNCIL OF GOVERNMENTS By: /iC "IE-1 R nald L. De Carli, Executive Director TO FOR A LEGAL EFFECT: r _r homey SLOCOG Conseel • 1477 Date: „f ,� /,�. ,, • • REG-62 Page 4 of 4 EXHIBIT A • APPLICABLE PROJECT for Agreement No. REG-62 .......... ff �1. '.4 -W gall - Al MovoBay.BilxewayStuy ornmun ikeway.costbenefit REG62 R#di6Ail ........... ............. .. .... analysis............. ......... - ............. ............ .......... ..... • • • Exhibit Page lof2 EXHIBIT A-1 PROJECT DESCRIPTION PROJECT NUMBER: REG-62 FUNDING TYPE: REGIONAL SHA ($15,000) APPROVED: FY 96/97, for FY 96/97 GRANTEE: CITY OF MORRO BAY PROJECT TITLE: MORRO BAY BIKEWAY STUDY AND ENGINEERING ANALYSIS BILLING PERIOD: Reimbursement for this project may begin upon SLOCOG's receipt of the signed cooperative agreement. The CITY may submit Invoices on a monthly basis during the Work Implementation Period, and must submit certification of project completion and a final invoice within 2 months after the Work Implementation Period. Under the terms and conditions of this agreement, the Grantee agrees to complete the project as described in the project description; and the San Luis Obispo Council of Governments (SLOCOG), pursuant to the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and Senate Bill 1435 (1992), agrees to fund 25% of the costs of the project with State Highway Account (SHA) funds up to the total amount indicated. PROJECT DESCRIPTION: Funds are to be used to evaluate the efficient use of existing programmed funds for community and regional bikeway needs; including the engineering specifications to cross a drainage swale between Cloistures subdivision and Morro Bay Highschool. Work Implementation Period:. All work to be completed by May 1" , 1997; unless otherwise extended by separate agreement. SPECIAL PROVISIONS: 1. Costs Incurred outside the Work Implementation Period are ineligible for reimbursement. 2. Equipment purchases, not Identified herein, must have written approval prior to purchase. ESTIMATED PROJECT COSTS: $15,000 in Regional State Highway Account (SHA) funds. • • • Exhibit A Page 2 of 2 0 RESOLUTION NO. 12-97 APPROVAL AUTHORIZING THE MAYOR TO EXECUTE A LANDLORD ESTOPPEL AGREEMENT AND A CONDITIONAL LEASE ASSIGNMENT FOR LEASE SITE 78-81/78W-81W WITH LOS PADRES SAVINGS BANK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 78-81/78W-81 W, and; WHEREAS, the lessee of said Lease Site is Van Beurden Investment, Inc., a California partnership, and said lessee is in compliance with lease terms and are current with all rents for said lease, and; WHEREAS, the Lease on said Lease Site required certain building improvement be made which have been completed, and; WHEREAS, the lessees are re -financing the loan on the building improvements and the new lender, Los Padres Savings Bank, is requiring that the City authorize execution of a landlord estoppel on the lease and a conditional assignment of said lease. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the landlord estoppel agreement on Lease Site • 78-81/78W-8] W between Van Beurden Investment, Inc. and Los Padres Savings Bank subject to City Attorney approval of the final agreement form. BE IT FURTHER RESOLVED THAT the Mayor is hereby authorized to execute a conditional lease assignment document between Van Beurden Investment, Inc. and Los Padres Savings Bank subject to City Attorney approval of the final agreement form. 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 February, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None Cam. Z t.,,A,-. CATHY NO AK, MAYOR Ar B GETT UER, CITY CLERK is • RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: LOS PADRES SAVINGS BANK FSB 610 Alamo Pintado Road Solvang, CA 93463 LANDLORD'S ESTOPPEL CERTIFICATE THIS ESTOPPEL CERTIFICATE IS DATED JANUARY 16, 1997, among Van Beurden Investr ents, A General Partnership (referred to below as'Tnatce), whose address is 571 Embarcadero 4H, Marro Bay, CA 93442; Los Padres Savings Bank, FSB, (referred to below as "Lender), whose address is 610 Alamo Pintado Road, Sdvang, CA 93463; and CITY OF MORRO BAY (referred to below as "Landlord), whose address is 595 Harbor Street, Mono Bay, CA 9344Z Tnator and Leader have entered into, or are about to enter into, an agreer ent whereby Lender has acquired or will acquire, in addition to any other collateral, a Deed of That to Lender on Tnators leasehold interest in the Property described below. To induce Lender to extend one or more loans or otter financial acccrrmclations to Borrower against such seaaity interest in the Property and for otter valuable considerations, with knowledge that Lender is relying thereon, Landlord and Tustor hereby agree with Lender as follows: • THE LEASE. Landlord has leased the Property to Tnator pursuant to a lease (the "Lease') dated Nm enber 24, 199Z which was • recorded. The following information is a summary of the basic tems and conditions of the Laase: This lease is a tarty (40) year lease with rents beginning January 1, 1993 to be paid on a semi-annual basis, the first installment due January 1, 1993 is $15.031.40. The rent shall be reviewed and ircreasedldecreased annually beginning Jury 1, 1993. REAL PROPERTY DESCRIPTION. The Lease covers the following described real property, together with all improvements thereon (the "Real Property) located in San Luis Obispo County, State of California: PARCELA: LEASE SITES 78, 79, 78W AND 79W AS SHOWN ON THAT CERTAIN DOCUMENT ENTITLED "MINUTES ORDER -MORRO BAY CRY COUNCIL MEETING OF NOVEMBER 26, 1984, C-1 CONSIDERATION OF CITY LEASE REPLACING SUBLEASE UPON DIVISION OF LEASE SITE 78 THROUGH 81W, RECORDED JANUARY 31, 1985 IN BOOK 2674 AT PAGE 237 OF OFFICIAL RECORDS, AND BEING A PORTION OF PARCEL 18 OF PARCEL MAP MB-68 -30, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED OCTOBER 10.19681N BOOK 3 AT PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: LEASE SITES 80, 81. 8UN/AND 81 W, AS SH01M4 ON THAT CERTAIN DOCUMENT ENTITLED "MINUTES ORDER - MORRO BAY CITY COUNCIL MEETING OF NOVEMBER 28, 1964, C-1 CONSIDERATION OF CITY LEASE REPLACING SUBLEASE UPON DIVISION OF LEASE SITE 78 THROUGH 81W', RECORDED JANUARY 31, 1985 IN BOOK 2574 AT PAGE 237 OF OFFICIAL RECORDS, AND BEING A PORTION OF PARCEL 18 OF PARCEL MAP MB-68-30, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED OCTOBER 10, 1968 IN BOOK 3 AT PAGE 10 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. The Real Property or its address is camody known as 701 Embarcadero, Morro Bay, CA 9344Z The Assessors Parcel Number for the Real Property is 66352-50, 51, 52, 53. ESTOPPEL Landlord and Tnator hereby jointly and severally represent and warrant to Lender that: (a) Lease in Effect. The Lease (i) has been duly executed and accepted by Landlord and Tnator, (i) is in full force and effect, and (i) has rat been modified or changed, either in writing or orally, and a true and correct copy is attached as Eodibit "A . • ESTOPPEL CERTIFICATE 01-16-97 Page 2 (b) No Default. As of the date of this Certificate, (i) all conditions and obligations to be perfonred by either Landlord or Tnstor under the tease to the date hereof, have been satisfied; (ii) there exists no breach, default, or event or oordtion which, the giving of notice or the passage of time, or both, would constitute such a breach or default under the Lease; and (ii) there are no existing dams, defenses or offsets against obligations of either landlord or Tnstor under the Lease, inducing any against rents due or to become due under the tens of the Lease. (c) Entire Agreement. The Lease constitutes the entire agreerent between Landlord and Trustor with respect to the Lease of the Property. (d) No Prepaid Rent. No deposits or prepayments of rent have been made in connection with the Lease, except as may be described above in the summary description of the Lease. AGREEMENTS. landlord and Tnstor hereby jointly and severalty agree with Lender that, during all such times as Lender is the beneficiary of the security interest in the Property described above: (a) Modficatdn, Termnation and Cancellation. landlord and Trusts will not consent to any nodfiration, temination or cancellation of Lease unless Lender is provided thirty (30) day written notice of the intended nodfication, termination or cancellation and the reasons therefore. • (b) Notice of Default landlord will ratify Lender in writing concurrently with any notice given to Trusts of any breach or default on the part of Tnutor uader the lease, and landlord agrees that Lender shall have the right (but not the • obligation) to are any breach or default specified in such notice within the time periods sot forth below and Landlord will not declare a default of the lease, if tender cues such default within thirty (30) days from and after expiration of the time period provided in the Lease for the cure thereof by Tnrstor, provided, however, that if such default cannot with diligence be cured by tender within such thirty (30) day period, the oonrnencemerit of action by Lender within such thirty (30) day period to remedy the same shall be deemed sufficient so long as Lender pursues such cure with diligence. (c) Termination of Estoppel Certificate or Agreement. All Landlord agreement and dtligatoins umder this Estoppel Certificate shall terminate and cease if Lender ceases to look to the lease ardlor leased real property for security of any obligations of Tnslor for whatever reason, including payoff of the loan. This Estoppel Certificate shall rot apply to future advances, if any, under the loan agreement between Lender and Testa. MISCELLANEOUS PROVISIONS. This Certificate shall extendto and bind the respective heirs, personal representatives, sucCessors and assigns of the parties to this Certificate. This Certificate shall be govenhed by and construed in accordance with the laws of it* State of California If Landlord is other than an individual, any agent or other person executing this Certificate on behalf of Landlord represents and waffants to Lender that he or she has full parer and authority to execute this Certificate on Landlords behalf. Lender shall not be dearned to have waived any rights under this Certificate unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Certificate shall not constitute a waiver of or prejudice Lender's right otherwise to demand strict compliance with that provision or any other provision. - ESTOPPEL CERTIFICATE 01-16-97 PAGE 3 TRUSTOR AND LANDLORD EACH ACKNOVVILEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORDS ESTOPPEL CERTIFICATE AND EACH AGREES TO ITS TERMS. THIS CERTIFICATE IS DATED JANUARY 16, 1997 GRANTOR: Van Beurden Investments, A General Partnership By Stan Van Beurden, Partner By Pad Van Beurden, Partner a By Clemens Van Beurden, Partner • • By: Wiliam Van Bearden, Partner LANDLORD: City of Morro Bay By By: - LENDER: Los Padres Savings Bank, FSB By: Susan C. Weber, Vice President fe • RECORDING REQUESTED BY: LADS PADRES SAVINGS BANK, FSB WHEN RECORDED RETURN TO: Los Padres savings Bank, FSB 610 Alamo Pintado Road Solvang, Calif. 93463 ASSIGNMENT OF GROUND LEASE This agreement is made this _ day of _ 1997 by and between Van Beurden Investments, A General Partnership the (Assignor), Los Padres Savings Bank, FSB (Assignee), City of Morro Bay (Lessor). The undersigned, Van Beurden Investments, a California General • Partnership herein referred to as "Assignor", hereby conditionally grants, transfers and assigns to Los Padres • Savings Bank, FSB, herein referred to as" Assignee",,all of "Assignor's" right, title and interest in and to lease site number 78-81 / 78W-81W, to wit: and/or now or hereafter affecting any personal property of the undersigned located thereon; and all sums and amounts payable under said leases, and any security therefore, and all extensions and renewals of said leases, and all moneys payable under any option to purchase whether contained in any such leases or in a separate agreement, and all rents, income, royalties, issues and profits due or to become due from or on account of said property or the occupancy or use thereof; together with the right to collect, receipt for and/ or discharge the same. This assignment is provided as security for Assignor's performance of its obligations under the terms and provisions of the note and deed of trust made in favor of "Assignee" of even date herewith, and "Assignee" shall not exercise any rights under this assignment unless and until the occurrence of an event of default under the terms of the note and/ or deed of Trust, and until the occurrence of any such event of default, "Assignor" shall be fully entitled to all rights and benefits under the leases referenced herein. In the event of an event of default, as defined under the promissory note and/ or deed of trust, all lessees, tenants and occupants of said property are hereby authorized and directed to make payment of said sums direct to said "Assignee", at its office at 610 Alamo Pintado Road, Solvang, Calif. 93463 or at such other place as "Assignee" may designate. "Assignor" shall remain liable for the performance of all provisions of this ground lease. Stan Van Beurden, Paul Van Beurden, Leon Van Beurden, William Van Beurden, and Clemens Van Beurden (hereinafter "Guarantors") do unconditionally guarantee and promise for the benefit of "Lessor" and "Assignee", to continue to perform the provisions of the lease. "Lessor" shall have any and all rights against "Assignees", "Guarantors" and each of them individually, as it has against "Assignors". "Guarantor's" obligations are joint and several, and are independent of "Assignee's" obligations. ASSIGNOR SIGNATURES? Stan Van Beurden, Partner Van Beurden Investments Leon Van Beurden, Partner Van Beurden Investments Clemens Van Beurden, Partner Van Beurden Investments ASSIGNEE SIGNATURES? Paul Van Beurden, Partner Van Beurden Investments William Van Beurden, Partner Van Beurden Investments Susan C. Weber Vice -President 6 Chief Lending officer LESSOR SIGNATURES? • • I* CITY COUNCIL RESOLUTION NO. 11-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1996-97 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day -today 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, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council adopted the original Operating and Capital Improvement Budgets on July 22, 1996 by adoption of Resolution No. 56-96; and WHEREAS, the City Council has reviewed the status of the budgets at mid -year and finds it necessary to amend • said budgets. •NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro Bay are amended by modifying appropriations and estimated revenues as shown on the attached summary pages, Attachment A, pages 1 through 2; and BE IT FURTHER RESOLVED that the Recycling and Trolley Funds are declared closed and that all assets, liabilities, appropriations and estimated revenues of these funds shall be transferred to and reflected in the General Fund. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the loth day of February, 1997, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ` • CATHY NOVAK, Mayor BRID BAMR, City CMrk Page 1 Finance Department Fiscal Year 1996-97 Supplemental Appropriation City Council Resolution 11-97 Technical Corrections Fund Attachment A Expense -Transfer to Trolley Fund 5,300 -Street Lighting 13,618 -Parks Div-Utilities(Water) 75,000 -Transfer to Recycling Fund (7,892) -Fire Dept Overtime 12,000 Total G/F Expense Increase 98,026 Revenues -Sales Tax (27,178) -Transient Occup. Tax (115,404) -Franchise Tax 26,042 -Business License Tax 6,250 -Recreation Fees 16,430 -State Reimbursement So. Cal. Fires (12,000) Total G/F Revenue Increase ng Expense -Supplies 3,100 -Services 15,000 Total Trolley Fund Expense Increase 18,100 Revenues- Transfer From G/F (5,300) -Intergovernmental (7,800) -Farebox (5,000) Total Trolley Fund Revenue (18,1 • (INCREASE) Decrease 7 NEW9697.WK4 - 02/11/97 - 06:47 AM Page 2 Finance Department Fiscal Year 1996-97 Supplemental Appropriation City Council Resolution 11-97 Technical Corrections Fund Attachment A (INCREASE) Decrease 1\u1111JC1 rullu 1V0111C/ _J_ W I llVll M111Vulll rums ual 199 Recycling Fund 0 Expense -Contractual Services 87,108 Revenue -Transfer From Gen Fund 87,108 203 CDBG Water Reclamation Study 75,000 Expenses -Services 75,000 299 Expenses-Services(Lot Rental) Revenue -Interest Income 2,300 311 Water Revenue Fund 10,000 Expenses -Postage & Mailing 10,000 -Utilities (water provided) 75,000 Total Water Revenue Fund Expenses 85,000 Revenues -Revenues From Current Svc (75,000 321 Wastewater Revenue Fund 10,000 Expenses -Postage & Mailing 10,000 • NEW9697.WK4 - 02/11/97 - 06:47 AM Page 3 0 Fund Number Finance Department Fiscal Year 1996-97 Supplemental Appropriation City Council Resolution 11-97 Technical Corrections Fund Name/ Description Attachment A (INCREASE) Decrease Amount Fund Bal 333 CC1 Slip Fund 0 Expenses -Services 4,000 -Coastal Conservancy Paymt 4,000 Total cc1 Slip Fund Expense Increase 8,000 Revenue -Current Services (8,000) 511 Tree Replacement Fund 572 Expenses -Supplies 772 Revenue -Donations 200 905 Boating & Waterways -So T-Pier (30,000 Revenue -State Grant (30,000) • NEW9697.WK4 - 02/11/97 - 06:47 AM n iRESOLUTION NO. 10-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 1996-97 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR FISCAL YEAR 1997-98 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code, calls for the City Council of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the Planning and Building Director after review by the City of Morro Bay Planning Commission; and WHEREAS, the Local Coastal Program Land Use Plan and Ordinance Number 266, also known as Measure "F", and adopted by the voters in 1984, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed within that limit; and • WHEREAS, on the 21st day of January, 1997 the Planning Commission held a duly noticed public hearing and following its review of the report made its recommendations to the City Council; and WHEREAS, on the 27th day of January, 1997, the City Council did hold a duly noticed PUBLIC HEARING on the 1996-97 Annual Water Progress Report and the proposed 1997-98 fiscal year Water Allocation Program; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: The City Council of the City of Morro Bay hereby receives and accepts the 1996-97 Annual Progress Water Report as submitted by Planning and Building Director and the Public Works Director and incorporated herein as if attached hereto; and A Water Allocation Program for the 1997-98 fiscal year is hereby adopted by the City Council of the City of Morro Bay containing the following elements: a. The City Council authorizes the Director of Planning and Building to allocate 70 units for the fiscal year 1996-97. In addition, an additional 10 percent or 7 units shall be allocated during 1996-97 fiscal year as provided by the Authorized Water Recovery Allocation Model and . Local Coastal Program Land Use Plan as approved by the State Coastal Commission and Measure F bringing the total unit allocation to 77 units; and City Council Resolution No. 10-97 Page Two b. The mix of residential dwelling units to be allocated during the fiscal year 1997-98 shall be 45 single family residences and 32 multi -family units; and C. Commercial and industrial allocations of up to 130 percent of the residential allotment shall be made available during 1997-98 fiscal year in accordance with Measure F; and d. The Planning and Building Director is authorized to process residential allocations within Measure F limits on a first -come/ first -serve basis, within the percentages outlined in the current allocation model. The allocations will be made within each quarter as outlined in the current model until such time that the amendments to the Local Coastal Plan, General Plan, and MBMC 13.20 have been approved by the City and certified by the State, and including the following: 1) The residential waiting list is hereby rescinded by this resolution adopting the allocation program for 1997/98 and a letter notifying all property owners on the list of this action shall be sent prior to taking effect; and 2) The City Council hereby authorizes the Planning Director to transfer, in the fourth quarter (April - June, 1998) of the year, any remaining, unused multi -family unit allocations to the single family units which are ready to proceed. • PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 27th day of January, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: BRIDGETTtbAUER, City Clerk 0 ml:l/22/97\U:\FILES\WORD\RESO-ORD\CCI0-97.RES 0 . (IA -'v_ CATHY N AK, Mayor 2 RESOLUTION NO. 09-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING A TRANSFER OF FUNDS FROM THE SKATE PARK TRUST FUND TO THE GENERAL FUND YOUTH SERVICES PART-TIME PAY ACCOUNT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Recreation and Parks Department received a $8,333 grant from the Center for Substance Abuse Prevention for Intervention/Prevention Programs in July, 1996; and, WHEREAS, the money was dedicated for the construction and operation of the portable skate park; and, WHEREAS, $3,000 of the grant money will be used for staffing of the facility for a one (1) year period, July, 1996 through June, 1997. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the transfer • of $3,000 from the Skate Park Trust Fund to General Fund Youth Services Division, part-time pay account for operation of the Skate Park. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 27th day of January, 1997 by the following roll call vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY VAK,MAYOR ATTEST: 6_..�i BRIDGETIUBAUER, RESOLUTION NO. 08-97 RESOLUTION ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION'S CERTIFICATION OF MORRO BAY LOCAL COASTAL PROGRAM AMENDMENT 3-95 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay conducted public hearings on August 28, September 11 and September 25, 1995 and approved amendments to the City's Local Coastal Program; and WHEREAS, the City submitted the amendments to the Coastal Commission for consideration on November 15, 1995 and said submittal was deemed on file on December 28, 1995; and WHEREAS, on December 12, 1996 the California Coastal Commission certified the amendments to the City of Morro Bay Local Coastal Program Land Use Plan (LCP) and to the Implementation Plan (Zoning Ordinance text and maps) with modifications as set forth in the attached Exhibit incorporated by reference herein; and WHEREAS, pursuant to the California Code of Regulations, Title 14, Section 13544 the City Council acknowledges receipt of the Coastal Commission's resolutions of certification, including acceptance of the modifications. • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay hereby accepts the Coastal Commission's modifications as set forth in the attached Exhibit and directs staff to complete the necessary actions to submit this Resolution to the Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 13th day of January, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOVAqC, Mayor "GE AUEI�, City Clerk FROM Resolution No. 08-97 918057727329 P.5 Exhibit PETS WILSON. Ce STATE OF CWFORNIA-THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION CENTRAL COAST AREA OFFICE V 77riftoSTREET. STE. 100 WIRFMZ, CA 9SM ra,a) 42TJ088 NEARING IMPAIRED: 015) 9048200 n L�J S L_ • 1 L • S L 1 it L 9 11 Lti r 11 ■ S� The Commission hereby rejects the amendment to the Land Use Plan of the City of Morro Bay as submitted for the specific reasons discussed in the findings on the grounds that, as submitted, the amendment and the LUP as thereby amended do not meet the requirements of the Coastal Act. The amendment is not consistent with applicable decisions of the Commission that guide local government actions pursuant to Section 30625(c) and approval will not have significant adverse environmental effects for which feasible mitigation measures have not been employed consistent with the California Environmental Quality Act. • . l � . i L 1 11 . e 1. _ . u • S The Commission hereby certifies Amendment # 3-95 to the Land Use Plan of the City of Morro Bay Local Coastal Program for the specific reasons discussed in the following findings on the ground that, as modified, these amendments and the LUP as thereby amended meet the requirements of Chapter 3 of the Coastal Act. These amendments, as modified, are consistent with applicable decisions of the Commission that guide local government actions pursuant to Section 30625(c) and approval will not have significant environmental effects for which feasible mitigation measures have not been employed consistent with the Californian Environmental Quality Act. "11111191401 1911)AIIIJIU111 41,114L k CV11 •L• LL L11 _, •Il_ '111we The Commission hereby rejects amendment #3-95 to the Implementation Plan of the City of Morro Bay LCP for the specific reasons discussed in the following findings on the grounds that it does not conform with and is inadequate to carry out the provisions of the certified Land Use Plan. There are feasible alternatives or feasible mitigation measures available which would • substantially lessen any significant adverse impacts which the approval of the amendment would have on the environment. SUGMOD2.DOC. Central Coast Office FROM 01-07-97 04:05PM TO 918057727329 P.6 MORRO BAY LCP AMENDMENT 3-95 •;• • u' �i . •� 1� 111 ��1t � The Commission hereby certifies amendment #3-95 to the Implementation Plan of the City of Morro Bay LCP as modified, for the specific reasons discussed in the following findings, on the grounds that, as modified, the amendment conforms with and is adequate to carry out the certified Land use Plan; and approval of the amendment as modified will not cause significant adverse environmental effects for which feasible mitigation measures have not been employed consistent with the California Environmental Quality Act. KEY FOR MODIFICATIONS TO CITY LANGUAGE: Unaltered italicized text represents City -proposed language. Bold. underscored is language suggested by Coastal Commission. StruGk thFough, itakGized lext represents deletions suggested by Coastal Commission. 1. To maintain consistency with the Land Use Plan (LUP) and to allow for the removal of the ESH primary zone district and the re -mapping of that zone district to the adjoining primary • zone district, modify the LUP map to remove the ESH designation and re -map to the appropriate designation. 2. To ensure that the proposed new H/Harbor zone district for the area outside of the harbor is effective, add Harbor/Navigational Ways land use designation to the Land Use Plan map for the area: 1. To ensure consistency with other areas currently in the H/Harbor zone district, add the Environmentally Sensitive Habitat (ESH) combining overlay to the proposed H/Harbor zone designation outside of the harbor mouth. 2. To ensure clarity in the definition of Bluff Top Edge (Section 17.12.066), which is almost verbatim from Coastal Commission Regulations section 13577(h)(2), modify the definition as follows: "Bluff Top Edge means the upper termination of a bluff. When the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes, the edge shall be defined as that point whem the 9mund begnii beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the • bluff...." PAGE 2 FROM 01-07-97 04:05PM TO 918057727329 P.7 • MORRO BAY LCP AMENDMENT 3-95 3. To ensure clarity of what is appealable and what the appeal area is (Section 17.12.176), modify the definition of Coastal Development Permit Appeal Area as follows: 17.12.176(1): 'Developments aonroved by the City between the sea and the first public road paralleling the sea...." 17.12.176(2) 'Developments approved by the City located on tidelands, submerged lands, public trust lands...." 17.12.176(3) Any development approved or denied by the City which constitutes a major public works project as defined by California Admois� Code of Regulations 13012...." 17.12.176(4) 'Any major energy facility as defined by Public Resources Code Section 30107 approved or denied by the Clty ...." 17.12.176(5)Y U 4. To ensure clarity of what is coastal related development or use (Section 17.12.177), modify the definition of Coastal Related Development Or Use as follows: "Coastal Related Development' moons any use that is dependent on a coastal dependent • development or use • 5. To ensure that the definition of demolition (Section 17,12.197) is consistent with the definition of development in the zoning ordinance, the Land Use Plan, and the Coastal Act, modify the definition of demolition as follows: Demolition means the intentional destruction and removal of any structure, including a residential dwelling,...." 6. To ensure clarity that some regular coastal development permits may.be non -appealable, modify the definition of Regular Coastal Development Permit (Section 17.12.502) as follows: 'Regular Coastal Development Permit means all coastal development permits issued by the City which are appealable to the Coastal Commission and which are not defined as Administrative or Emergency permits 6smsaissieci." PAGE 3 FROM 01-07-97 0e:06PM TO 918057727329 P.8 MORRO BAY LCP AMENDMENT 3-95 • 7. To ensure that the definition of Stream Corridors (Section 17.12.587) is consistent with the definition in the Land Use Plan, modify as follows: "Stream Corridors' means a natural watercourse as designated by a solid line or dash --d three dots symbol as shown on the most recently published United States Geological Survey map,....' 8. To ensure consistency with the Land Use Plan, retain the language of existing sections 17.39.130 and 17-39.135 and renumber them 17.24.020B.4 and 5, respectively, and renumber proposed sections 17.24.0208.4, 5, and 6 to 17.24.02013.6, 7, and 8, respectively: Please see Exhibit 4 for a reproduction of the existing text of sections 17.39.130 and 17.39.135. 9. To eliminate confusion, correct the typographical error in the Agricultural District Table by deleting the reference to section 17.39.130 and retain the reference to section 17.24.020B. 10. To ensure consistency with the Land Use Plan, modify the proposed uses in the Coastal Dependent Industrial (M-2) zone district (Section 17.24.150) to reflect the Land Use Plan language, by inserting that language into the M-2 use chart, as follows: • FalatadFnenufaGgLong uses, Interim uses shall be allowed in areas desianated coastal dependent industrial uses until the existing owners have an approved Industrial de Inmme+ Interim uses limited to protects which have reloe table (not permanent structures are subordinate to the visual settmq and are limited to the following uses: Visitor access oaths, lookout points. etc.: RV parks* parking: picnic areas: campgrounds, restrooms and service facilities: playaroundsb temporary boat storage_temRora!v boat repair area* ancillary uses for the preceding d other uses serving visitors or commercial fishing which do not require permanent structures. • 11. To ensure consistency with the Land Use Plan, modify the proposed change to view corridors in the Waterfront zone district (Section 17.24.170B.3), as follows: `Permitted development including structures, landscaping, parking and signs shall be designed and sited so as to preserve and enhance views eewiders to and along the coast and specifically to the ocean, sand spit and Morro Rock. Consideration shall be given to view corridors from adjacent public roadways and from bluff top areas. Structures shall be subordinate to the character of the setting. PAGE 4 FROM 01-07-97 04:06PM TO 916057727329 PA MORRO BAY LCP AMENDMENT 3-95 12. To ensure internal consistency and to not allow inappropriate uses in the Waterfront zone district, modify the visitor -serving uses allowed in the Waterfront zone district as shown in Waterfront Table I as follows: "Visitor -serving commercial and recreational uses ... but excluding service stations, Ga des, parking structures and ovemight R-V camping;" 13. To ensure consistency with the Land Use Plan, modify the proposed change to view corridors in the Commercial/Recreational Fishing zone district (Section 17.24.180B.3), as follows: "Permitted development, including .... Structures shall be consistent with the character of a working fishing village and shall be subordinate to the Bettina." 14. To eliminate confusion, correct the typographical error in Section 17.24.220B.1., as follows: 'The height limit for structures shall be fourteen feet except in areas where there are public viewshed corridors defined in the LCP Land Use Plan within which the height limit shall not exceed four feet. • 15. To eliminate confusion, correct typographical error in Section 17.40.040C.2.b., as follows: maintaining existing, or restoring, previously dredged depths...." • 16. To ensure consistency with the Land Use Plan, modify the proposed change to the buffer for sand dunes (Section 17.40.040D.4.c), as follows: `The minimum buffer for sand dunes shall be one hundred (100) feet, feet 9 teased in non -urban areas and fifty (501 feet in urban areas." 17. To ensure consistency with the Land Use Plan, modify the instances when a buffer around an Environmentally Sensitive Habitat may be reduced (Section 17.40.040D6.b.), as follows: PAGE 5 FROM 01-07-27 04:07PM TO 918057727329 PAO MORRO BAY LCP AMENDMENT 3-95 • 18 To reduce the likelihood that an Environmentally Sensitive Habitat buffer will be compromised, modify the kinds of permanent structures that may be allowed in buffers (Section 17.40.040D.7., as follows: 01 17.12.040D.7.b.(1) "in residential areas. a) fences; saptilevered - c) eaves; " 17.12.040D.7.b.(2) 7n other districts: a) at grade improvements for pedestrian or equestrian trails; b) instructional or informational signs; c) designated observation areas, or other public access or educational facilities; d) fences; e) eaves; " 19. Because of conflict between referenced General Plan policies and Land Use Plan policies, modify the Mixed Use Overlay Zone Standards (Section 17.40.070B), as follows: min those areas of the City where the Gonerai PM ,• Use Plan has indicated that combinations of different, but compatible, uses may be appropriate, two or more zoning districts may be applied to the same property. 49 standards rentained in General - . such cases, new - n', may u, ft- , accordance with the zonina districts and , the following ons: In m*xed use areas comb*nln(3 two more commercialdesignations. ,- area shall be devoted to al2l2roxlmately equal areas of the uses Rerm tted an the respective commercial designatoons. m*xed use areas combining•uu and residentoal desognations.h: commercial District shall be the primaly District and at least fifty percent the gross floor area of the Rrobect shall be devoted to commercial or office uses, An exception Is for those areas *n which the Coastal Land Use Plan tex specifically describes the mixed •, ,that shall be allowed. I Residential uses may be 12ormhtted In conjunction with the Rrimaot use, and shall be located • . upper stodes or to the rear of the primary use, but may placed in sepairate buildings as part of an overall Integrated l2lan for large 4, All resldent*al uses shall be submect to a Cond*tional Use Permit as Provided On of Conditional u• •,- for such developments: Provisionsresidences Provisions, Compatibility of the commercial use component with the resodential use and the surrounding neighborhood" 20. To ensure that total allowed lot coverage will not be exceeded when a Granny Second Unit is developed, modify the standards for those units (Section 17.48.320C) as follows: The total coverage of the A granny second unit and the existing residence on the site shall not exceed the maximum lot coverage for the District that they are #ie•located in. • PAGE 6 FROM 01-07-97 04:08PM TO 91B057727329 P.11 MORRO BAY LCP AMENDMENT 3-95 • 21. To ensure consistency with the definition of development in the zoning ordinance and the Land Use Plan, and because the City does not have a categorical exclusion covering demolition, modify the Applicability of Procedures For Coastal Development Permits (Section 17.58.0201), by deleting as follows: byNdings_" 22. To clarify that permits for major public works facilities are appealable, regardless of whether or not they are in the mapped appeal area, modify Administrative Coastal Development Permits (Section 17.58.040A.7) as follows: 17.58.040A.7.: 'Any additions or improvements to existing public works facilities and utilities that do not constitute major public works as defined by the California Code of Regulations section 13012. •• ids 23. To clarify the effective date of administrative coastal development permits, modify Administrative Coastal Development Permits (Section 17.58.040H) as follows: . 17.58.040H.: "Administrative Permits shall become effective upon semplelion receipt of an adeguate Notice of Final Action to by the California Coastal Commission." 24. To clarify that administrative coastal permits are not appealable to the Coastal Commission, modify Administrative Coastal Development Permits (Section 17.58.0401) as follows: 17.58.0401.: Any aggrieved person, including the applicant, may appeal the decision of the Director to the Planning Commission within ten (10) days of the Director's decision. Further appeals to the City Council may also be pursued in accordance with Sections 17.58.070 and .1A9.' 25. To clarify that the emergency permit waiver provision of Coastal Act Section 30611 is not available to local governments, but only to the Executive Director of the Commission, modify Emergency Coastal Development Permits (Section 17.58.050E) by deleting, as follows: PAGE FROM 01-01-97 04:08PM TO 918057727329 P.12 MORRO BAY LCP AMENDMENT 3-95 26. To not limit appeals to the Coastal Commission to only development in the mapped appeal area, modify the title of Section 17.58.100 as follows: "Appeals to the Coastal Commissio astal Appeal AFee P 27. To eliminate confusing language in appeals to Coastal Commission section (Section 17.58.100B), modify as follows: 28. To eliminate potentially confusing language about delegation of authority to process open space easements and public access documents (Section 17.58.11013). modify by deleting the entire section: • P LI 29. To identify the reviewing body for amendments to coastal development permits issued by the Coastal Commission, add the following to the beginning of Section 17.58.120: 30. To clarify that the emergency permit waiver provision of Coastal Act Section 30611 is not available to local governments, but only to the Executive Director of the Commission, modify Emergency Permits (Section 17.60.050E) by deleting, as follows: �e�M/iiIM�F� nR.�IT PAGE 8 FROM 01-07-97 04:09PM TO 918057727329 P.13 • MORRO BAY LCP AMENDMENT 3-95 31. To clarify that public notices of proposed amendments to the zoning ordinance must identify the proposed amendment as an amendment to the Local Coastal Program, modify the Notice of Hearing (Section 17.64.050A.) as follows: 'When a provision of this Title requires notice of a public hearing to be given pursuant to this Section, notice shall be published.... The notice shall include the information specified in Government Code Section 65094 and shall Identify or000sed amendments to this Title as amendments to the Local Coastal Program. In addition to the notice required by this Section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable." 32. To clarify that amendments to the zoning ordinance require Coastal Commission certification and City acceptance of that certification prior to becoming legally effective, add a new Section as follows: PAGE 9 • • CITY COUNCIL RESOLUTION NO. 07-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1995-96 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Mono 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, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council adopted the original Operating and Capital Improvement Budgets on June 26, 1995 by adoption of Resolution No. 74-95; and WHEREAS, the City Council has reviewed the status of the budgets in the audited financial statements and finds it necessary to amend said budgets. NOW THEREFORE, BE IT RESOLVED that the operating and capital improvement budgets of the City of Morro Bay are amended by modifying appropriations and estimated revenues as shown on the attached summary pages, Attachment A, pages 1 through 4. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of January, 1997, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None roA1_, CATHV NOVAK, Mayor • U?311FSVPRiFS9RF3[pNl¢ ynl1, Ivn Page 1 • City Council Resolution 07-97 ATTACHMENT A City of Morro Bay Finance Department Schedule of Supplemental Appropriations General Fund: Increased Adjustment Amount Revenues Sales Tax 114500 Transient Occupancy Tax 81200 Franchise Tax 55500 Property Tax -76500 Prop 172 Sales Tax -34400 State Subvention -Homeowners 83000 Other Intergovernmental Revenues 167400 Charges for Services 56000 Use of Money & Property 1200 Refunds and Adjustments 407642 Licenses & Permits -17000 Other Revenue 728 Net Increase/(Decrease in Revenues 839270 Expenditures Recreation & Parks 81881 Public Works 157092 Non -Departmental 329126 Net Increase/(Decrease) in Expenditures 568099 Special Assessments: Revenues Special Assessments 30657 Net Increase/(Decrease) in Revenues 30657 Ex n i Administration 1593 Public Works (S/B Rec & Parks) 934 Debt Service 32812 Net Increase/(Decrease in Expenditures 35339 SUPPAPP6.WK4 - 01/07/97 - 10:17 AM Page 2 n City Council Resolution 07-97 ATTACHMENT A City of Morro Bay Finance Department Schedule of Supplemental Appropriations Water Revenue Fund: I ncreased Adjustment Amount Revenues Water Service Charges 58200 Other Revenue 48440 Net Increase/(Decrease) in Revenues 106640 Ex n i Finance 3850 Public Works 178818 Net Increase/(Decrease) in Expenditures 182668 Harbor Fund: Revenues Proceeds of Litigation 75000 Other Revenue 65965 Net Increase/(Decrease in Revenues 140965 ExpeadiLumu Harbor Operations 89604 Net Increase/(Decrease in Expenditures 89604 Wastewater Collections Fund: Revenues Interest Income 11642 Net Increase/(Decrease in Revenues 11642 Expenditures Administration 778 Wastewater Collection Operations 2549 Net Increase/(Decrease in Expenditures 3327 SUPPAPP6.WK4 - 01/07/97 - 10:17 AM Page 3 • City Council Resolution 07-97 ATTACHMENT A City of Morro Bay Increased Finance Department Adjustment Schedule of Supplemental Appropriations Amount r_1 U Parkin In -Lieu Fund Revenues Assessments 10333 Interest Income 2640 Net Increase/(Decrease) in Revenues 12973 ExpMMIUM Parking Lot Lease 3000 Net Increase/(Decrease) in Expenditures 3000 Community Development Block Grants. Contractual Park Fee Fund Expenditures Keiser Park Lights 218 Net Increase/(Decrease in Expenditures 218 Water C.I.P. Fund: Revenues Availability Charges 12707 Transfers In 1714757 Net Increase/(Decrease) in Revenues 1727464 Expenditures Debt Service 2099618 Net Increase/(Decrease in Expenditures 2099618 SUPPAPP6.WK4 - 01/07/97 - 10:17 AM Page 4 City Council Resolution 07-97 ATTACHMENT A City of Morro Bay Finance Department Schedule of Supplemental Appropriations Harbor C.I.P. Fund: Increased Adjustment Amount Revenues Intergovernmental Revenues 70815 Net Increase/(Decrease) in Revenues 70815 Ex n i Contractual Services 700 Net Increase/(Decrease) in Expenditures 700 • SUPPAPP6.WK4 - 01/07/97 - 10:17 AM RECREATION AND PARKS CITY OF MORRO BAY MEMORANDUM TO: JIM KOSER, FINANCE DIRECTOR FROM: ANDREA LUEKER, RECREATION AND PARKS DATE: DECEMBER 11, 1996 SUBJECT: AUDIT RESULTS DEC 11 1996 Finance Department Thank you for the copy of the 1995-96 Fiscal Year audit. As I am sure you are aware, I have specific concerns regarding the vague descriptions of the overages. Specifically, the audit reports the Recreation and Parks Department over spent by approximately $81,000. However, a number of issues came into play in the overages. • With respect to the water charges for the parks, this overage was a result of the increase in • water fees, and specifically the extreme increase for large users of water. During budget preparation we anticipated an increase but not as significant as was actually imposed. Additionally, the irrigation application rate was reduced ten percent (10%) in all parks. • Personnel services were over -spent $33,704 in the recreation programming areas. This amount was partially due to an employee taking maternity leave. Additionally, the City Council put an emphasis on teen programming which impacted staff levels during Fiscal Year 1995-96, but did not generate significant revenue. Also, staff spent additional time on Council priority events/ items such as Arbor Day, Lighted Boat Parade, Christmas Tree Lighting, special meetings, Council coffee, etc. Lastly, although the elimination of one and three-quarters (1 3/4) staff positions was experienced in Fiscal Year 1994-95, those corresponding job duties were not eliminated. Consequently, individuals from all the divisions in the department continue to perform tasks and the personnel services accounts reflect this consequence. • The elimination of office supplies, paper, envelopes and other such items that in past years were stocked at City Hall and not departmentalized. While the departments are now being charged for these items, no additional funding has been received • The elimination of the Bayshore Bluffs Assessment District affected the budget of the department by approximately $21,000. 0 Jim Koser December 11, 1996 Page 2 Overall, the overage of $S 1,000 is attributable to the specific circumstances listed above. I feel it is extremely important to note the department has continued with the same level of service, although the overall budget has been dramatically reduced. We will continue to closely monitor our expenditures as well as revenues in order to most effectively offer the best overall "product" to the residents of Morro Bay. cc: Dave Howell, City Administrator u/w/leners/audit 0 0 • City of Morro Bay DEPARTMENT of PUBLIC WORKS MEMORANDUM to : Finance Director from : Director of Public Works date : January 3, 1997 subject. FY 95-96 Citywide Audit: Comments on Public Works Department Over- . Expenditures There are several sections of the FY 95-96 City's Comprehensive Annual Financial Report (a.k.a. Audit) delineating General Fund expenditures made under the auspices of the Public Works Department which exceeded appropriations. Per your request, the primary purpose of this correspondence is to provide comments to those portions of the Audit. For ease of the reader, comments are in italics and made with corresponding references to Audit sections. Please note that the Streets and Vehicle Maintenance Divisions, both allocated from the General Fund, saw monies remaining at the end of year and, thus, provided partial overall mitigation for the other over -expended accounts. By result of those divisional savings, the amounts of over -expenditures discussed herein are, in summary, more than the total General Fund over -expenditures delineated in the Audit. - Page 25: Note 7, Excess Expenditures Over Appropriations; General Fund: This section delineates excess expenditures in the amount of $157,092. Further detail is shown on Page 33, to wit: Public Works: Engineering & Admin. $ (40,362) Curbside Recycling (135,010) Yet further detail for these expenditures are shown on Page 38, to wit: Engineering & Administration: Personnel Services $ (19,155) Supplies 2,181 Services (23,388) TOTAL $ (40,362) Curbside Recycling: Services $035,010) TOTAL $(135,010) FY 95-96 Audit Comments January 3, 1996 Page 2 of 3 - Page 38, Nondepartmental, Trolley Operation: Trolley Operation: Supplies $ ( 1,750) Services ( 9,611) TOTAL $ (11,361) TOTAL PUBLIC WORKS GENERAL FUND OVER -EXPENDITURES $(186,733) NOTE: End of year savings in Streets and Vehicle Maintenance Divisions yield reduced overall Public Works General Fund over -expenditures for FY 95-96. Engineering & Administration Personnel Services: For FY 95-96 there were, and remained, six full-time employees in the Engineering & Administration Division. Personnel salaries and benefits costs were provided to this Department during FY 95-96 budget preparation and budgetary requests were submitted accordingly. It is unknown to this writer how these "plug-in" budget costs were over -expended. Engineering & Administration Services: A Reimbursable Engineering Fees account was established in FY 95-96 intended to accommodate the recovery of direct costs • incurred for development review (Cloisters Plan Check, North Point Subdivision inspection, et al). A total of $19,563.95 was charged to this account yet offsetting collected revenues were placed into other accounts. There are also significant portions of these costs which had not been reimbursed by development projects prior to the end of year. There was, in addition, $5, 278.76 of unanticipated Legal Services expenditures, in large part for Curbside Recycling contract assignment matters (switch over from Rock Solid to RALCCO). Curbside Recycling: The Audit shows no monies were appropriated for Curbside Recycling Contract Services. The corresponding amount of over -expenditures, therefore, represents the value of one-half year of Rock Solid Recycling (through December 31, 1995) and RALCCO (to end of fiscal year). The City Council formally approved the contracts for both of these Curbside Recycling Franchise Agreements and approved collection of monies for contract payments from the Solid Waste Franchise Fees. The Curbside Recycling program, however, was not included as part of the City's budget process, nor is it currently, and no formal appropriation of monies to the program was made. Trolley Operation: The Audit shows no appropriation to neither Trolley Supplies nor Services and the over -expenditures represent the total costs incurred for the Trolley program for the fiscal year (portions of two calendar year programs). The City Council approved the Trolley trial program scope and costs in the Spring of each calendar year based upon balancing revenue sources of farebox, advertizing and sponsorships. The • Trolley Program was not, however, included as part of the overall City budget process. FY 95-96 Audit Comments • January 3, 1997 Page 3 of 3 - Page 25, Note 7, Excess Expenditures; Special Revenue Funds: Water Operating Fund: Public Works $ (178,818) This item is further detailed on Page 45, Expenditures, to wit Public Works Budget Actual Variance Personnel $409,508 $429,132 $( 19,624) Supplies 47,950 55,275 ( 7,325) Services 242,938 346,762 (103,824) Contingencies 0 48,045 ( 48,045) TOTAL $(178,818) Personnel Services: There are six employees in the Water Division and it is unknown to this writer as to how this account was over -expended by the extent delineated. FY 95-96 Overtime charges were greater than anticipated (by about $5,500) due to flooding, alarms and night and weekend call -outs. Supplies: The primary component of unanticipated costs for Supplies was the continuation of the rental of the Desal Facility carbon dioxide system ($804.34 per month, • $9,652.08 for the year) necessitated by the elevated nitrate levels in the Chorro Valley wells, charged to Misc. Operating Supplies. The unit's rental has since been terminated. Services: Starting in FY 95-96, charges to the Water Division were made for water billings for a number of services outside the City limits. These long-standing services are subjects of leases and agreements between the City and property owners for well sites and pipeline easement wherein the City agreed to provide water service at no cost to the property owners. A total of $74,025.71 was charged to the Public Utilities portion of the Water Division Services account for FY 95-96. No monies were budgeted for this purpose nor were the revenues included in the FY 95-96 revenue projection. This single cost represents over 71 % of the overall Services category over -expenditure. Other unanticipated and unbudgeted costs for the Services category included $7,944.45 of professional geo-hydrological services resultant of the SWRCB groundwater permit issuance and $6,449.00 for fencing around Wells No. 9 & 10 and the Black Hill Water Tank due to repeated incidents of human habitation too near the wells and damage to the Tank. Contingencies: These costs primarily represent expenditures for purchase of supplies for operation of the desalination facility during the Summer of 1995. Most of the purchased materials remain in stock and in usable condition. There was no budget requested nor provided for this unanticipated operation, necessary to mitigate elevated nitrate levels in the Chorro Valley wells. . cc: City Administrator wtb:Pbill%c=ncil\budgefl9596audd From: Rick Algert • To: J Date: Jan an 7, 7, 1997 (Tue) 8:17am Subject: FY 95-96 supplemental appropriations Actual FY 95-96 Harbor Fund revenues were $140,965 over budget estimate. Actual expenditures were $89,604 over budget providing a net positive contribution to Harbor Fund balance of approx. $51,000 at close of FY 95-96. The Harbor fund continuesd the trend of improving financial condition. Excess expenditures were primarily due to legal costs (offset by related legal settlement revenues) and additional salary costs due to long term employee illness. As you recall 1 requested that supplemental appropriations be made to cover these expenditures in the FY 95-96 mid year budget review. These appropriations were prepared for the City Council consideration in Jan. 1996 Unfortunately the Rem was continued through two long meetings (as I remember) where the council was unable to get to all items on the agenda . As the mid -year review started to coincide with FY 96-97 budget development schedule the decision was made to forego the mid year review and supplemental appropriations at that time. You advised me that the issues would be handled in the FY 95-96 closeout. • RESOLUTION NO. 05-97 • APPROVAL OF SUBLEASE OF A PORTION OF LEASE SITE 93-95/93W-95 BETWEEN THE HELD FAMILY TRUST AND RICHARD AND BARBARA STRASSEL 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 93-95/93W-95W; and, WHEREAS, the Held Family Trust is the lessee of said Lease Site; and,. WHEREAS, the lease agreement for Lease Site 93-95/93W-95W requires City Council approval of any sublease on the site; and, WHEREAS, the Held Family Trust and Richard and Barbara Strassel have entered into a Consent to Sublease for a portion of Lease Site 93-95/93W-95W for operation of a retail gift store; and, WHEREAS, the lessees are compliance with all terms of the master lease for Lease Site 93-95/93 W-95 W. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that sublease of Lease Site 93-95/93W-95W between the Held Family Trust and Richard and Barbara Strassel for a portion of Lease Site 93-95/93W-95W is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said Consent to Sublease agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of January, 1997, by the following vote: AYES: Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: Anderson CATHY N VAK, MAYOR BAIDGETT 8 AUER, CITY CLERK • 12-12-1996 CONSENT TO SUBLEASE AGREEMENT • TFIIS COPto TO SUBLEASE AGREEMENT is tittered into this dday of 1991 by and between 64- AA.ti!/[ ' er as TEENNANT. and I( h er referr SUBTENANT and the Ctty of Morro flay, Calitornia, herematter referred to as CTIY. RECITALS WHEREAS, a Master Lease was executed on ,ivy r I �� and; WHEREAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay all o the sums required yof TENANT and SUBTENANT under the terms of the Master Lease dated hemnaRer known as "Master Lease". In the event TENANT falls to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rem shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: . A () CITY may elect to pursue all legal remedies against TENANT alone or against both TEN 1�1T and SUBTENANT or against SUBTENANT alone. cn Y'S election to pursue one instead of both of the patties shall not preclude a later action against the other parry to recover any imoums not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. • (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawfiil detauter against SUBTENANT, TENANT or both for non-payment of rem by TENANT of SUBTENANTS portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBT>rTiANTs compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANTS compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANTS failure to comply with the terms of the Master Lease. 3. The term of the sublease attached as Exhibit A shall be S years commencing upon execution of said lease and this consent to sublease, provided, however, that the term of the sublease shall not in any evert exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. P�wIof.? 12-12-1996 3: 1 1 I'm rnuryr�w..r. . •• • - 4. pursuant to the provision in the Master Lease requiring TENANT to pay rental based • on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as outlined in Exhibit showing the total amount of gross sales, as defined in the Master Lease, trade each calendar month in, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. SUBTENANT acknowledges its duty to secure a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to comply with each and. all of the terms and conditions of those documents. SUBTENANT acknowledges and agrees that this duty exists between SUBTENANT and TENANT and not between SUBTENANT and the CITY. 6. The proposed use by SUBTENANT is as follows: Percentage o oss Rental Applicable to emtitt se: Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The location and size of the proposed use shall not be altered without the prior • written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all patties agree that if SUBTENANT makes a use of the subleased premises which is anot ndishall pay o CITY, 1p 0 e of the grostted under s eterms of revenue fromesucchh unpernitter Lease, TENANT shall be liable for 7. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. s. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the CITgYa's consideration of the Consent to Sublease whole mor it. part tENAout th prior wnot ttas o>�terit of CITY r encumber the subleased premises in 9. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1.000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional he imaifi insured of without offset against the CITY's insurance. SUBTENANT agrees to Provide insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. Para 2 of Cl 12-12-1996 30 2Pm lo. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless . from and against any and all claims, including reasonable of this ees and court uandCosts Subarising from SUBTENANT's failure to comply y fthe lease Agreement. 11. The Sublease Agreement and all of its terms, provisions and covenants are express! conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BA evidenced by a resolution passed and adopted by said City Council, uto the execution of the approved by he Sublease. This Agreement cannot be modified except by cap City Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of f�uteurree breach of any terms nditions or terms of or conditions of thiConsent or of s Consent oMaster r the Master Leasshall not e. a waiver 12. Attached as Exbjbit A is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling Bowman. To the extern that this Consent to Sublease Agreement u inconsistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN V T E S WHEREOF, written parties hereto Morro Bay, tt erConsent to Sublease Agreement day and yen above CITY OF MORRO BAY A Municipal Corporation By: •Cathy No m Mayor ATTEST: ndge*B,try41� SUBTENANT: TENANT: By, Pate 3 of J • RESOLUTION NO. 04-97 . APPROVAL OF SUBLEASE OF A PORTION OF LEASE SITE 93-95/93W-95 BETWEEN THE HELD FAMILY TRUST AND SAVANNAH AND HORTON WILLIAMS 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 93-95/93W-95W; and, WHEREAS, the Held Family Trust is the lessee of said Lease Site; and,. WHEREAS, the lease agreement for Lease Site 93-95/93W-95W requires City Council approval of any sublease on the site; and, WHEREAS, the Held Family Trust and Savannah and Horton Williams, for manufacture and sales of confectionery and novelties, have entered into a Consent to Sublease for a portion of Lease Site 93-95/93W-95W; and, WHEREAS, the lessees are in compliance with all terms of the master lease for Lease Site 93-95/93W-95W. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that sublease of Lease Site 93-95/93W-95W between the Held Family Trust and Savannah and Horton Williams for a portion of Lease Site 93-95/93W-95W is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said Consent to Sublease agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of January, 1997, by the following vote: AYES: Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: Anderson CATHY NOYAK, MAYOR Z"& BRIDGETT AUER, ITY CLERK CONSENT TO SUBLEASE AGREEMENT . ®rteor S CONSENT TO SUBLEASE AGREEMENT is entered into this 3 day of 199 by and Aheitlyo r (- A easTEENNANf, and SUBTENANT and � rro ay. ortua, eras as CITY. RECITALS WHEREAS, a Master Lease was executed on .le"It 7, and; WHF3tEAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally gueraray that TENANT will pay all �o the sums required of TENANT and SUBTENANT under the tams of the Master Lease dated , c.y /%Q% hereinafter ltnown as 'Master Lease'. 1n the event TENANT fails to make such paymeM SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CTTTS election to pursue one o recover instead of both of the parties shall not preclude a later action against party any inll�le for not any atty breach by the SUBTENANT.ANT agree that they are to be jointly and sev (b) CITY shall have all other legal remedies provided for in the lease and allowed by law. including the right to bring an action for unlawful detainer against SUBTENANT, ENANent to TENCTIAANT or both for non-payment of rent by TENANT of SUBTENANTS portion I SUBTENANT specifically agrees to comply with each and all of the terms and conditions of the Masts Lease. TENANT guarantees SUBIENANCs compliance with each and all of the terms and conditions of the Master Lease, and an of the patties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute .red to secuuret SUBTENNAe Master NT ss by TENANT. TENANT agrees to take whatever aetioa is regw to indemnify CITY. as with each and all of the terms of the Master Lease and agrees from any and all claims, loss. cost or expense resulting from SUBTENANTs failure to comply with the tames of the Maher Leese. 3. The term of the sublease attached as FEaht41-A shall be I yews commQ upon execution of said lease and this consent to sublease. provi ed, waver, that the tetra of the sublease shall not in any event emceed the term of the UhTt and said Of the MM Master Lease for any reason. Sublease shall. t all events, terminatermaon which occurs as a result of court judgment. inrhtdin8. but not limited to, a termination va. i dI 4. pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep Rill, complete, and acauate records, and books of account in accordance with ac ed accounting practices as outlined in Exhibit B showing the total as urt of gross sales, as de5ned in the Master Lease. trade each • calendar month lei, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Said records, books of account and all cash register tapes including nay sales tax reports that SUBTENANT may be required to furnish any govemmcm or governmental agency shall at all reasonable times be open to the inspectionoof C TENANT, CITY, CITY'S auditor, or other authorised rcPr ivc agent f 5. SUBTENANT acknowledges its duty to segue a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT aroma to comply with each and all of the terms and conditions of those dowmcnts. SUBTENANT acknawledges and agrees that this duty exists between SUBTENANT and TENANT and not between SUBTENANT and the CITY. Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT akcowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is asset rth heretnabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized rue. The locaton and size of the proposed use shag not be altered without the prior written consentall parties ofa �S SUBTENANT makes a use ofand in addition to) ythe subleased premterms and isses whicch is ns of the lease, ailithiagree under the tams of the Master Lease, TENANT shall be liable for not included within or'perttintod tted use. and shall pay to CITY, 1 Os/e of the gross revenue from such unpetnu • 7. SUBTENANT shall not alter or improve the Premises of any part thereof without first Obtaining the prior written consent of CITY. 8. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such dawnaits as not assign, mo part of the CITY's consideration of the Consent to Suss Agreement. SUBTENANT shall e or encumber the subleased premises whole or in pan without the prior written Conseil of C. SUBTENANT is BTEincluded as an additional insured under the terms of 9. Unless SU BTESUBTENANT agrees to maintain adequate liability insurance in TENANTS liability insurance,ed under the Master Lease m an amount of not less than S1.000.000 the manner end form � vide the certificates of insured per ocaurence and agrees to name the CITY OF MORRO BAYS o>� deal Prim' without offiet against the Class insurance. SUBTENANT agr sued under the Master insurance and copies of the actual insumnee policies to the CITY h in Masttr Lease. CITY Lease and otherwise comply with the insurance reyuiretnemu set In m tine a from trine to reserves the right to require reasonable increases m the liability insurance c&AM time. Pot• 3 eft to. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless . from and against any and all claims, including reasonable tam of (en and court this Consent and�Sublease from SUBTENANT's fiulure to wrnpiyof Agrec=t- 11. The Sublease Apeetnent and all of its tams, provisions and covenants are expressly conditioned upon first obtammB the content of the City Council of the CrrY OF MORRO BAY evidenced by a resolution passed and adopted by said City Council, to the execution of the Sublease. This Agreement cannot be modified except by a written document approved by the City Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of any the conditions or future breach tam of this C o of f h� Consent oMOW r the Master Leaseshall not .itute a waiver 12. Attached as IiL 0 is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this A�e�mt or Master Lease with the CITY OF MORRO BAY, this Aor Master Lease shalt supersede and be the controlling document. To the extent that thgreement is Conscift to Sublease Agreement is inconsistent with the tams of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WBEREOFthe��t toten At have xeictited fhis Consent to Sublease Agreement as of the day and year first CITY OF MORRO BAY A Municipal Corporation E ATTEST: kngctt ,ity �Clerk- SUBTENANT: LZ TENANT: Pq. J of RESOLUTION NO. 03-97 • APPROVAL OF SUBLEASE OF LEASE SITE 68/68W BETWEEN THE HELD FAMILY TRUST AND BARBARA HAMILTON 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 68/68W; and, WHEREAS, the Held Family Trust is the lessee of said Lease Site; and,. WHEREAS, the lease agreement for Lease Site 68/68W requires City Council approval of any sublease on the site; and, WHEREAS, the Held Family Trust and Barbara Hamilton, d.b.a. Morro Bay Estate Jewelry, have entered into a Consent to Sublease for Lease Site 68/68W; and, WHEREAS, the lessees are in compliance with all terms of the master lease for Lease Site 68/68W. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the sublease of Lease Site 68/68W between the Held Family Trust and Barbara Hamilton for Lease Site 68/68W is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said Consent to Sublease agreement. BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay hereby authorizes continuation of residential use on said Lease Site through December 31, 1998.. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of January, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None &z ro&Q� CATHY NOVOC, MAYOR & III. 4� ..o BRIDGETT�AUERMTY CLERK CONSENT TO SUBLEASE AGREEMENT • THIS CONSENT TO SUBLEASE AGREEMENT is entereli into this (3*'-�ay of 199 by and between he ei rafter refe ed to as ANT, and 9 " rIA I �ToN he*after after referred to as SUBTENANT and the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on 1 3 and; WHEREAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay all .of the suns required of TENANT and SUBTENANT under the terms of the Master Lease dated o hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: • (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid *and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANTS portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each and all of the terms and Conditions of the Master Leaso. IZIIN`ANT guarantees SUBTENANT's each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. 3. The term of the sublease attached as Exhibit A shall be Z years commencing upon execution of said lease and this consent to sublease, provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. Page ! of 3 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate . records, and books of account in accordance with accepted accounting practices as outlined in Exhibit B showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of TENANT, CITY, CITY S auditor, or other authorized representative or agent of TENANT or CITY. 5. SUBTENANT acknowledges its duty to secure a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to comply with each and all of the terms and conditions of those documents. SUBTENANT acknowledges and agrees that this duty exists between SUBTENANT and TENANT and not between SUBTENANT and the CITY. is as Percentage of Gross Rental Applicable to Permitted Use: Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an is use. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. 7. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 8. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the CITY's consideration of the Consent. to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 9. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. IV Page 2 of3 10. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 11. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BAY, evidenced by a resolution passed and adopted by said City Council, to the execution of the Sublease. This Agreement cannot be modified except by a written document approved by the City Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit A is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. ATTEST: CITY OF MORRO BAY A Municipal Corporation By: l a4 �, f� n kL--- Cathy Nov c, Mayor SUBTENANT: TENANT: Page 3 of 3 r RESOLUTION NO.02-97 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING EXEMPTION FROM THE CONGESTION MANAGEMENT PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, AB 2419 (Bowler) amends existing statutes to not require the incorporation of the congestion management program (CMP) into the regional transportation improvement program in those counties that do not elect to prepare and maintain a congestion management program; and WHEREAS, AB 2419 deletes the trip reduction element requirement for the CMP; and WHEREAS, AB 2419 makes the requirements inapplicable in a county in which a majority of the cities, with a majority of the population within incorporated areas, and the County Board of Supervisors adopt resolutions electing to be exempt from the congestion management program; and WHEREAS, the Ten Year Capital Improvement Program (CIP) required under the CMP largely duplicates the other capital improvement programs that are prepared such as the State • Transportation Improvement Program (STIP), the Federal Transportation Improvement Program, the Capital Improvement Program (CIP) in the Regional Transportation Plan (RTP), and the CIP's in Transit Plans; and WHEREAS, the CMP law requires annual compilation and reporting of all land use and development activity and the conformity process requires the Congestion Management Agency to determine member agency compliance with congestion management efforts and may require remedial measures and possible withholding of funds; and WHEREAS, the level -of -service performance standards can be handled in a manner that gives greater flexibility to local agencies through the regional transportation planning and programming process; and WHEREAS, evaluation of all major state highways and regional routes of significance in ongoing monitoring programs and integration of the findings and recommendations into the RTP update process can be used to address these concerns; and WHEREAS, local agencies can continue efforts to facilitate reductions in traffic congestion and develop integrated transportation systems and should continue to include congestion mitigation concepts in their land use and circulation elements and ordinances. NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council hereby elects to be exempt from the congestion management program; and BE IT FURTHER RESOLVED, that the Mono Bay City Council will cooperate and work closely with efforts to reduce congestion withing the region. PASSED AND ADOPTED by the City Council of Mono Bay as a regular meeting thereof held this 13th day of January, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None Al CATHY NOVAK, Mayor ATTEST 0 \&,L & �.1_ BRIDGETUAUER, City Clerk RESOLUTION NO. 01-97 . RESOLUTION ACCEPTING THE ON- AND OFF -SITE PUBLIC IMPROVEMENTS TO TRACT 2110 - "NORTH POINT" Owner: Frank B. Denis Sr., Vetra Denis, and B and F Denis, Inc. THE CITY COUNCIL City of Morro Bay, California WHEREAS, on June 27, 1994, The Morro Bay City Council did, by the adoption of Resolution No. 61-94, approve the final map, improvement agreement, and offers of dedication for Tract 2110 being a 10- lot residential subdivision at the north terminus of Toro Lane; and WHEREAS, lot 11 was accepted at said meeting as a coastal access natural area for the public; and WHEREAS, at said meeting on lot 12 easements for public access (including vehicular) to the said natural area and easements for City water and sanitary sewer services were accepted ; and WHEREAS, the owner maintains ownership of lot 12, to include owners' maintenance of the private street across lot 12, including resurfacing, and to maintain and repair all slopes, retaining walls and the entire drainage system including surface ditches, drain pipes, energy dissipaters, as well as all drain easements, and pursuant to the Tract's covenants conditions and restrictions the above said maintenance requirements can be amended by consent of not less than 75% of the lot owners, subject to approval by the City; and Is lot being that the owner has constructed the on- and off -site public improvements on lot 11, lot 12, and portions of Yerba Buena Street and Toro Lane, and the owner's engineer of work having certified that said improvements substantially conform to the approved plans, the City Engineer has completed a Statement of Completion requesting that the City Clerk file a Notice of Completion. NOW, THEREFORE, BE IT RESOLVED, that the City Council, City of Morro Bay, California does hereby approve and accept the on- and off -site public improvements for Tract 2110 on behalf of the public; and BE IT FURTHER RESOLVED, that pursuant to the improvement agreement the City Administrator will release 90%of the amount of the improvement bonding, and retain I0°/u ($27,097) of said amount as a performance security for a period of one year and is hereby authorized to release said retention at the end of one year from the adoption date of this resolution minus any and all appropriate reductions, and that the $13,500 erosion control bond shall continue for measures which are required to be in place during and after the rainy season. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 13th day of January, 1997, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None dv, CA Y N VAK, Mayor A ST: BRIDGETTA R, ityClerk 19 P. D .al .9 N i-:1 oa ba�Ss �zgtb C\! Q- h ag z Q P, a�EYO C) a eY !e$�3 r .g0I a n Z O�� 0 O rnWO F o Oo rynS', _o WCQ� Z a,0ZQ W' z } Q O N <Cl UU� Q al 1; Ir i ji II• �rl, I? N.1'91'10 r 0.9, I; ria a h 8 7 I!• ,,�8 ®a F II J .0 nl �©.rc ccN .A�� i ll Ctl J.fC .Ia .00N 'i7 8I ; a O Y. .Ia rTI I ' 11Ij\ 1rr.r J.rc ,IcxN .<rnl J,rc .rt .os N — _ _1. r lls n ta�C acne Ills oEb1� W�$jy"si;lu,a Wi • 0 1 2 Q S h aS7i9 MX �J Stt � o0 'al a. rT � N n• JY l� r Jos» EXHIBIT B DATE: JANUARY 13, 1997 SUBJECT: ACCEPTANCE OF THE PUBLIC IMPROVEMENTS FOR TRACT 2110, "NORTH POINT', A 10 LOT RESIDENTIAL SUBDIVISION AT THE NORTH TERMINUS OF TORO LANE 9 0 1.10 ACC 065- 082 y �i try` • � d'n 16 a � NO AREA GIVEN ''td 15 14AC w 00 CITY OR MORRO BAY El3RSCOUNTY OF SNJU1ASSESSOR'S CA BOOK 065 PAGE 082 Cr . -4, ` BL 311 t, / FRy1 � / ATASCADERO BEACH, R.M. Bk. 02 , Pg. 15. SHE 10 TRACT 2110; R.M. Bk. 17, Pg. 28.