HomeMy WebLinkAboutResolution 66-98 to 117-98RESOLUTIONS
1998
NO. TITLE ADOPTED
114-98 Supporting Protection of Coastal Resources
And Marine -Dependent Industry in
Consideration of Proposed Fiber Optic
Cable Projects 12-14-98
115-98 Amending the Adopted Rules and Regulations
For Use of Piers, Docks and Mooring Areas
Within the Corporate Limits of the City 12-14-98
116-98 Authorizing Submittal of Applications for
• The 1998 Surface Transportation
Improvement Program (STIP) Amendment 12-14-98
117-98 Amending the Order of Business at City
Council Meetings 12-14-98
• RESOLUTIONS
1998
NO. TITLE ADOPTED
107-98 Adopting a Revised Conflict of Interest
Code and Superseding Resolutions in
Conflict Therewith 11-23-98
108-98 Approving a Two -Year Lease Agreement
For Lease Site 144/144W Between the
City and Chuck and Sandra Marciel dba
M&M Refrigeration 11-23-98
109-98 Authorizing a One -Year Waiver from
• Qualifying as a Commercial Fishing
Vessel for Existing Commercial Slip
Holders for the 1998 Calendar Year 11-23-98
110-98 Authorizing the City Manager to Enter
Into a Consultant Agreement for Interim
Public Works Director 11-23-98
111-98 Authorizing the City Manager to Enter
Into a Consultant Agreement for Interim
Staff Engineer I 1-23-98
112-98 Reciting the Fact of the General Municipal
Election Held in the City on the 3'd Day of
November 1998; and Declaring the Results
Thereof 12-01-98
113-98 Approving the Final Map for Tract 2054,
Acceptance of the Offer of Dedication for
Handicap Ramp Purposes, and Rejection of
• The Offer of Public Utility Easements 12-14-98
. RESOLUTIONS
1998
NO. TITLE ADOPTED
100-98 Amending the Operating and Capital
Improvement Budgets and Making
Settlement by the City Manager of
Claims Against the City 10-26-98
101-98 Rescinding Resolution No. 36-88 and
Authorizing the Adjustment and
Settlement by the City Manager of
Claims Against the City 10-26-98
• 102-98
Authorizing Execution of Air Pollution
Control District Motor Vehicle Emission
Reduction Grant Agreement to Purchase
One ADA Accessible Trolley
11-09-98
103-98
Scheduling a Public Hearing Regarding
Enlarging the Boundaries of Underground
Utility District No. 6
11-23-98
104-98
Easement Agreement Granting to 459
Chorro Creek Road
11-23-98
105-98
Amending the Fiscal Year 1997/1998
Master Fee Schedule
11-23-98
106-98
Consenting to a Change in Ownership
Of Charter Communications Inc. to
Paul G. Allen
11-23-98
F
•
RESOLUTIONS
1998
NO. TITLE ADOPTED
93-98 Authorizing the Morro Bay Police
Department to Participate in a Multi -
Agency DUI Enforcement Task Force
And Education Grant 10-12-98
94-98 Approving a License Agreement with
Duke Power for Use of a Meal Storage
Building Located on Duke Power Property 10-12-98
95-98 Declaring an Emergency Condition to
Exist Regarding a Portion of the Atascadero
Road Sewer Trunk Line and Authorizing
The Immediate Expenditure of Public Money
To Safeguard Public Health and Safety 10-12-98
96-98 In Support of the County of San Luis Obispo
Board of Supervisors' Application Seeking
Official State Scenic Highway Status from
CalTrans for Highway One in District 2 10-26-98
97-98 Authorizing Execution of State Department
Of Transportation Contract for a Section
5311 F Capital Assistance Grant to Purchase
Two 16-Passenger Accessible Vans and One
ADA Accessible Trolley 10-26-98
VOID
• 99-98 VOID
• RESOLUTIONS
1998
NO. TITLE ADOPTED
85-98 Rescinding Resolution No. 53-97
And Abolishing the Office Closure
Hours for Non -Safety City Offices 09-14-98
86-98
VOID
87-98
VOID
88-98
Approving Second Amendment to
Water Rights Agreement Dated
August 10, 1982 Between Roandoak
Of God the City 09-28-98
and
89-98
Approving Amendment to the Master
Lease for Lease Site 62/62W by Adding
Operation of a Transient Occupancy Unit
As a Permitted Use of the Lease 09-28-98
90-98
Amending Personnel Rules and Regulations
(Catastrophic Leave Policy) 09-28-98
91-98 Ratifying the Joint Powers Agreement
For the San Luis Obispo Council of
Governments 10-12-98
92-98 Ratifying the Joint Powers Agreement
For the San Luis Obispo Regional
Transit Authority 10-12-98
E
• RESOLUTIONS
1998
NO. TITLE ADOPTED
79-98 Approving Sublease Agreement for
Lease Site 68/68W Between the Held
Family Trust and Richard and Darlene
Rodgers dba Gold Tree Jewelers 08-17-98
80-98 Amending the Fiscal Year 1997/1998
Master Fee Schedule (Harbor Dept.
Transient Slip Fees) 08-17-98
81-98 Designating Option 1 (Revised) as the
• Approved Front Street Parking Lot Project
For Use of Parking In -Lieu Fees and
Directing Continued Investigation of
Property Acquisition 09-14-98
82-98 Authorizing to Waive Dockage Fees for
The Sailing Vessel Endeavour During its
May 1999 Visit to Morro Bay 09-14-98
83-98 Approving Agreement Between the City
And the Central Coast Maritime Museum
Association to Identify a Potential Site for
Construction of a Maritime Museum 09-14-98
84-98 Appointing Robert Schultz, Esq. as City
Attorney and Approving an Amendment
To the City's Legal Services Agreement
With Hunt & Associates 09-14-98
• RESOLUTIONS
1998
NO. TITLE ADOPTED
71-98
Adopting By -Laws for the
Community Promotions Committee
07-27-98
72-98
Granting a Certificate of Public
Convenience and Necessity
07-27-98
73-98
Terminating Lease Agreement Between
The City and Ming Dynasty for Lease
Site 129W-133W and Approval of a
One -Year Lease Agreement Between the
•
City and Ming Dynasty
07-27-98
74-98
Establishing By -Laws for the Harbor
Advisory Board
07-27-98
75-98
Establishing By -Laws for the
Recreation & Parks Commission
07-27-98
76-98 Announcing Issuance of a Blanket
Encroachment Permit and Master Use
Permit for Downtown Business
Enhancement 07-27-98
77-98 Intention to Approve an Amendment
To Contract Between the Board of
Administration of PERS and the City 08-17-98
78-98 Approving a Sublease Agreement for
A Portion of Lease Site 87-88/87W-88W
. Between George Leage and Gemma
Lundblade dba Gems Treasure 08-17-98
RESOLUTIONS
1998
NO. TITLE ADOPTED
66-98 Calling a General Municipal Election
To be Held on November 3, 1998 for the
Purpose of Electing Certain Officers of
Said City; and Requesting the Board of
Supervisors of San Luis Obispo County
To Consolidate said Election with the
Consolidated District Election to be Held
In the County on Tuesday, November 3,
1998; and other Election Matters as
Required by Law 07-13-98
• 67-98 Approving $50,000 Grant Contract with
DB W and Authorization to Purchase a
Bare Hull from H&F Custom Boats 07-13-98
68-98 Awarding Contract for Services to
Crawford, Multari & Clark Associates
For Preparation of an Update and
Consolidation of the Local Coastal
Program and General Plan 07-13-98
69-98 Amending the Operating and Capital
Improvement Budgets and Making
Supplemental Appropriations for
Fiscal Year 1998/1999 07-27-98
70-98 Amending Resolution No. 89-97
Granting One to Four Years
Additional Service Credit 07-27-98
0. RESOLUTION NO. 117-98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING THE ORDER OF BUSINESS AT
CITY COUNCIL MEETINGS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Section 2.08.030 of the Morro Bay Municipal Code provides the
City Council may from time to time prescribe by resolution the order in which the
business of their meetings shall be taken up; and
WHEREAS, it is necessary and prudent to establish certain procedural rules for
the efficient, effective and orderly conduct of the business of the City during meetings of
the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, as follows:
• 1. The City Council of the City of Morro Bay hereby finds the above recitation is
true and correct and constitutes the findings of the City Council in this matter.
2. Order of Business
The order of business of the City Council shall remain as prescribed in Resolution
No. 96-96 with amendment to 2(C) wherein "Prayer" shall be listed on the agenda
as "Invocation".
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 14th day of December, 1998 on the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
OD ER AN ERSON, Mayor
ATTEST:
RESOLUTION NO. 116-98
• A RESOLUTION OF THE CITY OF MORRO BAY AUTHORIZING
SUBMITTAL OF APPLICATIONS FOR THE 1998 SURFACE TRANSPORTATION
IMPROVEMENT PROGRAM (STIP) AMENDMENT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in recognition of the widespread need for local and road rehabilitation and
reconstruction, and a significant balance in the State Highway Account, Caltrans recommended, and the
California Transportation Commission concurred with a proposal to re -project the State Fund Estimate for
transportation purposes; and
WHEREAS, of the new funds, 75% would be allocated to regional agencies primarily for storm
damage, and local street and road rehabilitation/reconstruction; and
WHEREAS, approximately $16,483,000 has been allocated for new project submittal to the state
by January 1999, of which the City will be allocated $1,032,000; and
WHEREAS, the program, administered by the San Luis Obispo Council of Governments
(SLOCOG), requires that applications for each individual proposed project be submitted by December 18,
1998.
NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council does hereby
• approve and authorize the following projects to be submitted to the SLOCOG for funding in the 1998 STEP:
• Main Street: Highway 41 to Highway 1 Underpass
• Main Street: Surf to Beach
• Main Street: Beach to Marina
• Main Street: Marina to South
• Main Street: South to Olive
• Main Street: Olive to State Park Entrance
• Anchor Street: Madera to Piney Way and Piney Way to Main
• Market Avenue: Pacific to Harbor
• Embarcadero: Beach to Tidelands Park
• San Jacinto: Highway 1 to Ironwood
• Morro Bay Boulevard: Highway 1 to Main
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held on the 14th day of December 1998 by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
ABSTAIN: None z%/1 "-4
or ER ANDERSON, Mayor
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• RESOLUTION NO. 115-98
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 accommodation 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, reestablish 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 No 83-97.
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 the use of piers, docks and moorings as referred
to in Sections 15.16.050, 15.28.010 and 15.32.010 of the Morro Bay Municipal Code.
• 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 the City of
Morro Bay.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 141" day of December, 1998, by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
D R ND SON, MAYOR
BRIDGETT AUER, CITY CLERK
0
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 AI-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 Morro 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 Morro Bay except in
designated areas and locations set by the Morro 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 Morro 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 Morro 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.
Berthing space behind head floats on City slips will be designated as "head float berth" in the City's
Master Fee Schedule and may be assigned to qualified commercial fishing vessels which will be charged
at the monthly commercial slip rate. Vessels other than skiffs or qualified commercial fishing vessels
desiring to use the "head float berth" will be charged at an initial rate of $3.39 per foot per month. This
"head float berth rate" may be adjusted annually by the City Council. Head Float Berth spaces will be
. assigned on a fast come, fast serve basis with prior approval of the Harbor Department.
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 slip 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. As long as there are vessels on the sublease waiting,
list, there will be a 3 month maximum for any one vessel to remain in a sublease slip. If there are no
suitable vessels on the sublease waiting list or commercial waiting list, a vessel may remain in a
sublease slip in excess of 3 months. 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 and its associated tender. Floating
docks or arrangements other than mooring tackle and gear as outlined and approved by the Harbor
Department are prohibited.
Mooring sites A2-0-21A and Al-2-7A were assigned when previous unpermitted floating docks were
removed off these moorings. The Harbor Department at its sole discretion shall set maximum vessel
size limits for these moorings. Mooring sites A2-0-21A and Al-2-7A are owned by Jim Entwisle and •
Associated Pacific Constructors respectively and may not be sold, transferred or assigned to new parties.
Should Jim Entwisle or Associated Pacific Constructors no longer desire to use mooring sites A2-0-21A
or Al -2-7A then these moorings shall be removed.
PAGE OF
The first day of the month following adoption of these rules and regulations, mooring sites A2-0-21 A
and Al-2-7A will be charged at the regular monthly mooring rate.
is 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.
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 maybe 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
PAGE OF
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.
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 a 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 day. 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.
PAGES OF
5. Violation of Harbor and Navigations 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 Morro 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. Occasional charters for environmental research or
commercial fishing research related purposes by qualified commercial fishing vessels in an assigned
City slip may be allowed only by prior approval of the Harbor Department and at the Harbor
Department's sole discretion.
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
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 p.m. through 4:00 a.m., shall be in violation of these Rules and Regulations and subject to citation
PAGE 6OF7
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 regulation for the boat Launch Ramp parking 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 parking lot shall be appropriately
signed.and designated
Use of floating docks at the end of Morro 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. 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.
•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, #27-82, #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, #104-92,
#83-97.
PAGE70F7
• RESOLUTION NO. 114-98
SUPPORTING PROTECTION OF COASTAL RESOURCES AND MARINE DEPENDENT
INDUSTRY IN CONSIDERATION OF PROPOSED FIBER OPTIC CABLE PROJECTS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, City of Morro Bay has been a traditional fishing and Boating community; and,
WHEREAS, the City of Morro Bay treasures the cultural and economic benefits of coastal
environmental resources and marine dependent industry; and,
WHEREAS, a number of fiber optic cable projects have been proposed for installation off
the Central Coast; and,
WHEREAS, the existing fiber optic cables which land at Montana de Oro effectively
preclude marine dependent users such as commercial fishing vessels from operating in the
cable routes, closing off some of the most productive fishing grounds in the world,which is
detrimental to local commercial fishing industry interests and the economy of the Central Coast;
and,
WHEREAS, the City of Morro Bay desires that all aspects of any proposed new fiber optic
cables be fully investigated to insure protection of coastal resources and marine dependent
industry.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does
• hereby declare that the City requests the County of San Luis Obispo, the State of California and
the Federal Government to fully address the following concerns prior to issuance of any permits
for offshore fiber optic cable projects in the Central Coast:
Any final permit for new offshore cable projects and, to the extent possible, those cable
systems already in place,shall be required to either install the cable in such a way that no
negative impacts result to local marine dependent industry and coastal resources,or to provide
mitigation for such losses which cannot be avoided.
Loss of marine dependent industry access to fishing grounds may negatively affect the
City's cultural and economic vitality and ultimately the City's ability to maintain and operate
harbor facilities.
Further, the project applicants should be responsible for any damage to commercial fishing
businesses or operations of the City's harbor and the environment caused by placement,
maintenance, and operations of the offshore cables.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held thereof on the 141h day of December, 1998, by the following vote:
AYES: Anderson, Crotzer, Elliott, Peirce, Peters
NOES: None
ABSENT: None
KPDGAND SON, MAYOR
BRIDGETT UER, CITY CLERK
LI
RESOLUTION NO. 113-98
A RESOLUTION APPROVING THE FINAL MAP FOR TRACT 2054, ACCEPTANCE
OF THE OFFER OF DEDICATION FOR HANDICAP RAMP PURPOSES, AND
REJECTION OF THE OFFER OF PUBLIC UTILITY EASEMENTS
TRACT 2054 BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCEL 3 OF PARCEL MAP
MB-78-49, IN THE CITY OF MORRO BAY, AS PER MAP RECORDED ]LINE 19, 1978 IN BOOK 26, PAGE 5
OF PARCEL MAPS IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on January 6, 1992 the City Planning Commission approved the Tentative Map
for Tract 2054; and
WHEREAS, said approval allows for conversion of the existing apartment units to
condominium units; and
WHEREAS, said map offers a dedication of land to the City for handicap ramp purposes and
offers easements for public utilities; and
WHEREAS, the City of Morro Bay and Subdivision Map Act requirements necessary prior
to recordation of the final map have been met.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
does approve on behalf of the public the final map for Tract 2054, accepts the offer of dedication
for handicap ramp purposes, and rejects the offer of public utility easements.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 14th day of December, 1998 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Crotzer, Elliott, Peirce, Peters
None
None
None
6, ion- Mayor
ATTEST:
40 BRIDGET BAUER, City Clerk
• RESOLUTION NO. 112-98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD IN THE CITY OF MORRO BAY ON THE 3RD DAY
OF NOVEMBER, 1998; DECLARING THE RESULTS THEREOF,
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, a regular general municipal election was held and conducted in the
City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday,
November 3, 1998 as required by law; and
WHEREAS, notice of said election was duly and regularly given in time, form
and manner as provided by law; that voting precincts were properly established; that
election was held and conducted and the votes cast thereat, received and canvassed and
the returns made and declared in time, form, and manner as required by the provisions of
the Elections Code of the State of California for the holding of elections in cities; and
• WHEREAS, the Board of Supervisors of San Luis Obispo County has duly
canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters
of the City at the General Municipal Election consolidated with the Statewide General
Election held on November 3, 1998, and the County Clerk has duly certified to this City
Council the result of the votes cast at said election which said certification is attached
hereto and by reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, as follows:
That there were six voting precincts established for the purpose of holding said
election consisting of consolidations of the regular election precincts in the City
of Morro Bay as established for the holding of state and county elections.
2. That said general municipal election was held for the purpose of electing the
following officers of said City as required by the laws relating to the cities in the
State of California, to wit:
• A Mayor of said City for the full term of two years;
0
0 Two members of the City Council of said City for the full terms of four years.
• Resolution No. 112-98
Page Two
3. That the names of the persons voted for at said election for the Mayor are as
follows:
Betty Winholtz
Rodger Anderson
4. That the names of the persons voted for at said election for Councilmember of
said City are as follows:
Richard "Rick" Grantham
Janice Peters
Colby Crotzer
Wallace "Wally" McCray
5. The City Council does declare and determine that:
isRODGER ANDERSON was elected as Mayor of said City for the full term of
two years;
JANICE PETERS was elected as Councilmember of said City for the full term of
four years;
COLBY CROTZER was elected as Councilmember of said City for the full term
of four years.
6. At said election the names of the persons voted for and the number of votes given
each person are as set forth in the attached certification.
7. The total number of votes cast in the City at said election and the total number of
votes given in each precinct and by absentee voters of the City was and is set forth
in the attached certification.
8. The City Clerk shall immediately make and deliver to each of such persons so
elected a Certificate of Election signed by the City Clerk and duly authenticated;
the City Clerk shall also cause to be administered to each person elected, the Oath
of Office prescribed in the State Constitution of the State of California and shall
have them subscribe thereto and file the same in the office of the City Clerk.
• Whereupon, each and all of said persons so elected shall be inducted into the
respective office to which they have been elected.
• Resolution No. 112-98
Page Three
9. That the City Clerk shall certify to the passage and adoption of this resolution;
shall enter the same in the book of original resolutions of the City; and shall make
a minute of the passage and adoption thereof in the records of the proceedings of
the City Council of said City, in the minutes of the meeting at which the same was
Y•
passed and adopted.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
special meeting thereof held on the 1 st day of December, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
C'�, ,J M-)-�
• CATHY NO AK, Mayor
ATTEST:
BRIDGE BAUER, City Clerk
u
• CERTIFICATE OF THE COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST
NOVEMBER 3, 1998 CONSOLIDATED GENERAL ELECTION
CITY OF MORRO BAY
STATE OF CALIFORNIA
SS.
COUNTY OF SAN LUIS OBISPO
I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do
hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced
election in the City of Morro Bay on November 3, 1998, and that a photocopy of the Statement of
Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each
candidate for the Office of Mayor and Member of the City Council and that the totals shown for each
• candidate for the Office of Mayor and Member of the City Council in said city and in each of the
respective precincts therein, are full, true and correct.
WITNESS my hand and Official Seal this 17th day of November, 1998.
��G�,f-c/Ixiar
JULIE R DEWALD, County Clerk -Recorder
0
SAN LUIS OBISPO COUNTY
GENERAL ELECTION 11/3/98
CITY
OF MORRO BAY
- MAYOR
Page 38. 1
Precinct
Voters
Tmout
Pct
1
2
3
4
5 6 7 8 9 10 11 12
"-" "'-"" " "--"'--
------
------
----- ------
------
------
------
------
------ ------ ------ ------ ------ ------ ---"'
PRECINCT 36
O
943
360
38.2
23
0
141
195
1
CON PRECINCT 37
1202
418
34.8
14
1
164
239
0
CON PRECINCT 38
1284
472
36.8
28
0
174
266
4
CON PRECINCT 39
1104
406
36.8
19
0
176
208
3
CON PRECINCT 40
1200
473
39.4
8
1
232
230
2
CON PRECINCT 41
940
380
40.4
13
0
174
192
1
ABSENTEE CON 36
0
261
0.0
20
0
95
145
1
ABSENTEE CON 37
0
405
0.0
13
3
135
250
4
ABSENTEE CON 38
0
362
0.0
18
0
134
209
1
ABSENTEE CON 39
0
286
0.0
9
1
89
185
2
ABSENTEE CON 40
0
366
0.0
10
0
151
204
1
ABSENTEE CON 41
0
303
0.0
9
2
114
177
1
MORRO BAY 01
0
0
0.0
0
0
0
0
0
__> Precinct Totals
6673
2509
37.6
105
2
1061
1330
11
Absentee Totals
0
1983
0.0
79
6
718
1170
10
Total Votes
6673
4492
67.3
184
8
1779
2500
21
•
__________________________________________________ C 0 L U M N L E G E N D _---_-____________---.--------------------_--------
1: City of Morro Bay 4: City of Morro Bay 7: 10:
Mayor Mayor '
Blank Votes Rodger Anderson
2: City of Morro Bay 5: City of Morro Bay 8: 11.
Mayor Mayor
Over Votes Yritein Votes
3: City of Morro Bay 6: 9: 12:
Mayor
Betty Vinholtz
0 -----------------------------------------------------------------------------------------------------'"--------_--------"_'
SAN LUIS OBISPO COUNTY GENERAL ELECTION 11/3/98
CITY
OF MORRO BAY
- MAYOR
Page 38.
R E C A P
Voters
Tmout
Pet
1
2
3
4
5
6 7 8 9 10 11 12
DIST 1 SUPERVISOR
0
0
0.0
0
0
0
0
0
DIST 2 SUPERVISOR
6673
4492
67.3
184
8
1779
2500
21
DIST 3 SUPERVISOR
0
0
0.0
0
0
0
0
0
DIST 4 SUPERVISOR
0
'0
0.0
0
0
0
0
0
DIST 5 SUPERVISOR
0
0
0.0
0
0
0
0
0
TOTAL VOTERS
6673
4492
67.3
184
8
1779
2500
21
22ND CONGRESSIONAL DIST
6673
4492
67.3
184
8
1779
2500
21
18TH SENATORIAL DIST
6673
4492
67.3
184
8
1779
2500
21
33RD ASSEMBLY DIST
6673
4492
67.3
164
8
1779
2500
21
BRO EQUALIZATION, DIST 2
6673
4492
67.3
184
8
1779
2500
21
CITY OF ARROYO GRANDE
0
0
0.0
0
0
0
0
0
CITY OF ATASCADERO
0
0
0.0
0
0
0
0
0
CITY OF GROVER BEACH
0
0
0.0
0
0
0
0
0
CITY OF MORRO BAY
6673
4492
67.3
184
8
1779
2500
21
CITY OF PASO ROBLES
0
0
0.0
0
0
0
0
0
CITY OF PISMO BEACH
0
0
0.0
0
0
0
0
0
CITY OF SAN LUIS OBISPO
0
0
0.0
0
0
0
0
0
UNINCORPORATED
0
0
0.0
0
0
0
0
0
CONSOLIDATED PRECINCTS
6673
2509
37.6
105
2
1061
1330
11
ABSENTEE TOTALS
0
1983
0.0
79
6
718
1170
10
TOTAL VOTERS (CONS+ABS)
6673
4492
67.3
184
8
1779
2500
21
.................................................. C 0 L U M N L E G E N D .--.----------...----------------------__----------
1: City of Morro Bay 4: City of Morro Bay 7: 10:
Mayor Mayor
Blank Votes Rodger Anderson
2: City of Morro Bay 5: City of Morro Bay 8: 11:
Mayor Mayor
Over Votes Writein Votes
3: City of Morro Bay 6: 9: 12:
Mayor
Betty Winholtz
.............................•--------•---._.....-----•-'------.....'-----.....------......_.------............--..........--...-�
SAN LUIS OBISPO COUNTY
GENERAL
ELECTION
11/3/98
CITY
OF MORRO BAY
- MEMBER OF
CITY COUNCIL Page 39. 1
Precinct
........................
Voters
"--"
Trnout
......
Pct
..... ......
1
2
3
4
......
5
6
..-...
7 8 9 10 11 12
......
PRECINCT 36
943
360
38.2
......
28
0
...... ......
82
122,
177
......
130
...... ...... ...... ......
2
PRECINCT 37
1202
418
34.8
10
0
112
197
174
190
0
CON PRECINCT 38
1284
472
36.8
30
1
117
198
207
166
2
CON PRECINCT 39
1104
406
36.8
18
1
76
155
183
168
2
CON PRECINCT 40
1200
473
39.4
21
2
95
208
231
185
4
CON PRECINCT 41
940
380
40.4
14
1
78
188
168
170
1
ABSENTEE CON 36
0
261
0.0
19
0
49
116
110
118
0
ABSENTEE CON 37
0
405
0.0
14
0
143
203
148
188
1
ABSENTEE CON 38
0
362
0.0
16
1
100
166
147
168
0
ABSENTEE CON 39
0
286
0.0
11
0
65
150
117
139
3
ABSENTEE CON 40
0
366
0.0
12
0
88
169
176
150
1
ABSENTEE CON 41
0
303
0.0
13
2
74
176
109
143
0
MORRO BAY 01
0
0
0.0
0
0
0
0
0
0
0
_=> Precinct Totals
6673
2509
37.6
121
5
560
1068
1140
1029
11
Absentee Totals
0
1983
0.0
85
3
519
980
a07
906
5
Total Votes
6673
4492
67.3
206
8
1079
2048
1947
1935
16
•
..................................................
C 0 L U M N
L E
G E N D--------------------------------..--_-.-_
1:
City of Morro Bay
4: City of Morro Bay
7:
City of Morro Bay 10:
Member of City Council
Member of City Council
Member of City Council
Blank Votes
Janice Peters
Nritein Votes
2:
City of Morro Bay
5: City of Morro Bay
8:
11:
Member of City Council
Member of City Council
Over Votes
Colby Crotzer
3:
City of Morro Bay
6: City of Morro Bay
9:
12:
Member of City Council
Member of City Council
Richard Grantham
Wallace Mc Cray
0
SAN LUIS OBISPO COUNTY GENERAL
ELECTION
11/3/98
CITY
OF MORRO BAY
- MEMBER OF
CITY COUNCIL Page 39.
R E C A P
Voters
Trnout
Pot
1
2
3
4
5
6
7 8 9 10 11 12
DIST 1 SUPERVISOR
0
0
0.0
0
0
0
0
0
0
0
DIST 2 SUPERVISOR
6673
4492
67.3
206
8
1079
2048
1947
1935
16
DIST 3 SUPERVISOR
0
0
0.0
0
0
0
0
0
0
0
DIST 4 SUPERVISOR
0
0
0.0
0
0
0
0
0
0
0
DIST 5 SUPERVISOR
0
0
0.0
0
0
0
0
0
0
0
TOTAL VOTERS
6673
4492
67.3
206
8
1079
2048
1947
1935
16
22ND CONGRESSIONAL DIST
6673
4492
67.3
206
8
1079
2048
1947
1935
16
18TH SENATORIAL DIST
6673
4492
67.3
206
8
1079
2048
1947
1935
16
33RD ASSEMBLY DIST
6673
4492
67.3
206
8
1079
2048
1947
1935
16
BRD EQUALIZATION, DIST 2
6673
4492
67.3
206
8
1079
2048
1947
1935
16
CITY OF ARROYO GRANDE
0
0
0.0
0
0
0
0
0
0
0
CITY OF ATASCADERO
0
0
0.0
0
0
0
0
0
0
0
CITY OF GROVER BEACH
0
0
0.0
0
0
0
0
0
0
0
CITY OF MORRO BAY
6673
4492
67.3
206
8
1079
2048
1947
1935
16
CITY OF PASO ROBLES
0
0
0.0
0
0
0
0
0
0
0
CITY OF PISMO BEACH
0
0
0.0
0
0
0
0
0
0
0
CITY OF SAN LUIS OBISPO
0
0
0.0
0
0
0
0
0
0
0
UNINCORPORATED
0
0
0.0
0
0
0
0
0
0
0
CONSOLIDATED PRECINCTS
6673
2509
37.6
121
5
560
1068
1140
1029
11
ABSENTEE TOTALS
0
1983
0.0
85
3
519
980
807
906
5
TOTAL VOTERS (CONS+ABS)
6673
4492
67.3
206
8
1079
2048
1947
1935
16
•
__________________________________________________ C 0 L U M N
L E
G E N D....-.____________________..._._------...___.______
1:
City of Morro Bay
4: City of Morro Bay
7:
City of Morro Bay
10:
Member of City Council
Member of City Council
Member of City Council
Blank Votes
Janice Peters
Nritein Votes
2:
City of Morro Bay
5: City of Morro Bay
8:
11:
Member of City Council
Member of City Council
Over Votes
Colby Crotzer
3:
City of Morro Bay
6: City of Morro Bay
9:
12:
Member of City Council
Member of City Council
Richard Grantham Wallace Mc Cray
• RESOLUTION NO.111-98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONSULTANT AGREEMENT
FOR INTERIM STAFF ENGINEER
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Government Code Section 37103 authorizes the City to engage
specially trained and experienced persons or firms for special services and advice in
financial, economic, accounting, engineering legal or administrative matters; and
WHEREAS, the City has identified the need for, and requires the services of an
Interim Staff Engineer by providing special services and advice of a type authorized by
Section 37103; and
WHEREAS, the Staff Engineer will be trained and will possess special skills,
education, experience and competency to perform the services and provide the advice
needed;and
• WHEREAS, the City desires to enter into a formal contractual agreement with an
individual in order to assist with the implementation of the City's organizational
restructuring plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Morro Bay, California, does hereby authroze the City Manager to negotiate and enter
into a three (3) month agreement with an Interim Staff Engineer, not to exceed $11,000,
subject to the development of mutually acceptable terms and subject to approval as to
form by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 23rd day of November, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
CATHY NOV C, Mayor
ATTEST:
• BRIDGET AUER, City Clerk
• RESOLUTION NO. 110-98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONSULTANT AGREEMENT
FOR INTERIM PUBLIC WORKS DIRECTOR
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Government Code Section 37103 authorizes the City to engage
specially trained and experienced persons or firms for special services and advice in
financial, economic, accounting, engineering legal or administrative matters; and
WHEREAS, the City has identified the need for, and requires the services of an
Interim Public Works Director by providing special services and advice of a type
authorized by Section 37103; and
WHEREAS, the Interim Public Works Director will be trained and will possess
special skills, education, experience and competency to perform the services and provide
• the advice needed; and
WHEREAS, the City desires to enter into a formal contractual agreement with an
individual in order to assist with the implementation of the City's organizational
restructuring plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Morro Bay, California, does hereby authorize the City Manager to negotiate and enter
into a six (6) month agreement with an Interim Public Works Director, not to exceed
$34,000, subject to the development of mutually acceptable terms and subject to approval
as to form by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 23rd day of November, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
CATHY NOAAK, Mayor
ATTEST:
• BRIDGETT %AUER, City Clerk
• RESOLUTION NO. 109-98
AUTHORIZING A ONE YEAR WAIVER FROM QUALIFYING AS A
COMMERCIAL FISHING VESSEL FOR EXISTING COMMERCIAL SLIP HOLDERS
FOR THE 1998 CALENDAR YEAR
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay requires all existing "City" commercial slip holders
to qualify as a commercial fishing vessel under by City Council Resolution No. 23-91, and;
WHEREAS, 1998 has seen an unprecedented combination of poor market conditions
and limited quotas/season which have put some local fisherman in the position of having
difficulty in qualifying to retain their City commercial slip assignment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay hereby authorizes a special one-time exception for all existing commercial slip holders from
qualifying as a commercial fishing vessel in 1998 which will not count against the slip holders
allowed 2 exemptions in any 10 year period
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 23' day of November, 1998, by the following vote:
•
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
•
CATHY NOVA, MAYOR
• RESOLUTION NO. 108-98
APPROVAL OF A TWO YEAR LEASE AGREEMENT FOR LEASE SITE 144/144W
BETWEEN THE CITY OF MORRO BAY AND
CHUCK AND SANDRA MARCIEL, dba M&M REFRIGERATION
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 144/144W; and,
WHEREAS, Chuck and Sandra Marciel, dba M&M Refrigeration are the current lessees of
said Lease Site and are in compliance with the terms of the current lease agreement; and,
WHEREAS, the existing lease agreement on said Lease Site will expire on December 31,
1998; and,
WHEREAS, the City and the Marciels wish to enter into a two year lease agreement on said
Lease Site to allow for continuation of the critical waterfront business and to allow for negotiation
of a long term lease for the site which will provide for repairs of the building and dock on the Lease
Site.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay
that a three year lease agreement for Lease Site 144/144W between the City of Morro Bay and Chuck
• and Sandra Marciel, dba M&M Refrigeration is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said lease
agreement for Lease Site 144/144W.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 23rd day of November, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
BRIDGETT B ER, CITY CLERK
49
C!E&:,L�- a
CATHY NO K, MAYOR
11
•
•
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 Charles and Sandra
Marcial currently doing business as M&M Refrigeration, 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 patties 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 17thday 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 144/144W
This property is delineated on Parcel Map of the CITY of Mono 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 4001
The term of the lease shall be a period of two (2) years, commencing January 1, 1999 an
terminating without notice on December 31, 2000, unless sooner terminated as herein provided 4
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 parry 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 TENANTS, resulting from TENANTS
. 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 Four
•
Thousand Six Hundred Thirty Two Dollars and Seventy One Cents ($4632.71) per year payable
in advance in equal semiannual installments on the first days of January and July of each year
commencing January 1, 1999. 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
itime designate by written notice delivered to TENANT.
Section 2.02 Annual CPI Adiustment to Minimum Rent
The parties agree that on the first day of July after the date hereof and each July 1
thereafter the minimum guaranteed annual rental shall be increased or decreased in direct
..
proportion to any upward or downward movement from the Consumer Price Index for January 1,
1998, which is hereby agreed to be 161.0. 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 31 st.
The minimum annual rental shall be adjusted once each year on July 1, and will remain in
effect as adjusted through June 30 of the following year, at which time it will be readjusted. (By -
. way of illustration only, if the Index was 130 on January 1, 1986 and the average monthly Index
.
from January 1986 through December 1986 equals 136 then the percentage increase is 4.62%.
Therefore the minimum guarantee annual rental then being paid by TENANT would be increased
by 4.62% commencing July 1, 1987 and continuing at that rate until June 30, 1988.)
.
If the United States Department of Labor, Bureau of Labor Statistics, shall cease to
compile and make public the Index as now constituted and issued, but shall substitute another
3
• - 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 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 Five Percent (5/6) of
TENANT'S gross sales, hereinafter defined 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
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
4
L
•
0
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 TENANTS business to be made by a public accountant, TENANT
shall famish 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 (100/0) or
more, CITY shall not only be entitled to recovery from TENANT all costs of audit and review
but shall also be entitled to recovery from TENANT a penalty equal to two times the percentage
of gross sales rent due pursuant to this 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 famished 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 TENANTS 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 2.04 Penalty and Interest
A. If any rent is not received within ten days following the date on which the rent first
became due, TENANT shall pay a late penalty of ten percent (10%) of the amount of the rent in
addition to the rent.
B. In addition to the penalty, TENANT shall pay interest at the rate of one percent (1%)
per month or fraction thereof or the maximum amount permitted by law as of the date this 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 tern "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 term of this lease, be used for the purpose of operating and
conducting thereon and therein the following:
Marine refrieemtiontreoair, welding, metal fabrication and boat dockage.
and for uses normally incident to and directly allied to such purpose and for no other purpose.
•
•
C1
J
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.
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 efficiencyand 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 TENANTS 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
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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
TENANTShall 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.
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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 (100%) of the final detailed
cost estimate, securing the faithful performance of TENANT or his contractor in the completion
of said construction.
TENANT shall also file with the Morro Bay CITY Clerk a 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.
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 the
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
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remove or require the removal of as the case may be the improvements and installations, then
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title to such installations, structures and improvements shall vest in CITY and TENANT shall
not remove same.
Article 6 HYPOTHECATION OF LEASE
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CITY shall not be responsible for notifying any lien or security interest holder in the
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property of any default in the performance of the lease by TENANT unless the lien or security
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interest holder shall have previously registered with and notified CITY of such lien or security
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interest and filed with the City Clerk a copy of same.
Article 6 REPAIRS, MAINTENANCE AND RESTORATION
Section 6.01 Maintenance by TENANT
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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
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premises in good order and repair and in a safe and clean condition. Furthermore, TENANT
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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.
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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 (15) days written notice to TENANT from CITY
of CITY's intent to exercise this option.
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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,
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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
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conduct maintenance surveys at reasonable intervals to locate and determine needed repairs.
Section 6.03 Requirements of Governmental Agencies
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At all times during the term of this lease, TENANT, at TENANTS 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
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located thereon;
(3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law
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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
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resulting from TENANT'S failure to comply with and perform the requirements of this section.
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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 6.06 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 TENANTS own cost and expense, shall repair and restore the damaged or destroyed building,
buildings, improvement, or improvements according to the original plan thereof or according to
such modified plans therefore as shall be approved in writing by CITY. The work of repair and
restoration shall be commenced by TENANT within one hundred eighty (180) days after the
damage or destruction occurs and shall be completed with due diligence not longer than one (1)
year after the work is commenced. In all other respects, the work of repair and restoration shall
be done in accordance with the requirements for original construction work on said premises set
forth in Article 4 of this lease.
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 TENANTS intent to do so and by removing, at
TENANTS 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.
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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 harnless CITY and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney fees
and litigation expenses arising out of TENANT's occupation and use of said premises, caused in
whole or in part by any negligent act or omission of TENANT, and sublessee, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, except
where caused by the active negligence, sole negligence or willful misconduct of CITY.
Section 7.02 Insurance Reauirements
TENANT shall at TENANTS own cost and expense, secure promptly after the execution
of this lease and maintain during the entire term of this lease insurance requirements as set forth
in Exhibit `B", Insurance Requirements for Lessees, and such other insurance as required by law.
Lack of insurance does not negate TENANT's obligation under this lease.
Section 7.03 Deposit of Insurance with CITY
TENANT shall within ten (10) days after the execution of this lease and thereafter,
whenever any such policy is replaced, rewritten, or renewed, deliver to CITY insurance
documents specified in Section 7.02. Failure to obtain, keep or renew required insurance or
failure to provide CITY verification of any insurance required by this lease shall be a violation
hereof subject to default and remedies as outlined in Section 11.
Section 7.04 Specific Perils to be Insured
Notwithstanding anything to the contrary contained in Section 7.02 of this lease, the
insurance required by Section 7.02 of this lease shall, whether or not included in the standard
extended coverage endorsement mentioned in Section 7.02, 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, tomado, 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 7.02 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.
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Section 7.05 No Subrogation
TENANT agrees that in the event of loss due to any of the perils for which it has agreed
to provide insurance, TENANT shall look solely to its insurance for recovery. TENANT hereby
grants to CITY, on behalf of any insurer providing insurance required under this lease to either
TENANT or CITY with respect to the occupation of use of premises by TENANT, a waiver of
any right to subrogation which any insurer of TENANT may acquire against CITY by virtue of
the payment of any loss under such insurance..
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 possessary 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 tide 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 TENANTS business shall be paid to and be the sole
property of TENANT.
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(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 not
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:
(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
second to third (2;" to P) years of the term of this lease; and
(c) The sole and separate property of CITY during the last year of the term of this
lease.
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 fast 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.
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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 TENANTS 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.
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 CITrS 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 TENANTS 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 shareholder's death shall be
excepted from this provision.
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Section 10.03 Application for Assignment
A condition of an assignment shall be TENANT shall file with the CITY an application
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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
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adequately to investigate the proposed assignee's qualifications as a permitted assignee. CITY
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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
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or agent.
Section 10.04 Probate Transfer or Assignment
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Nothing herein contained will prevent the transfer of this lease by will, or by operation of
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law under the intestacy provisions of the California Code as it may from time to time be
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amended. Probate sale of the leasehold interest will not be pemtitted without the consent of the
CITY, evidenced by resolution, first had and obtained.
Section 10.06 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
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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 Tenn of Sublease
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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 tern shall also terminate any and all
subleases, provided, however, that CITY may, at CITY'S option by mailing written notice to a
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subtenant, allow any subtenant to attom to CITY and continue his or her occupancy on said
premises as a TENANT of CITY.
Section 10.07 SubTenant Subject to Lease Terns
Any and all subleases shall be expressly made subject to all the terms, covenants, and
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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.
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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 malting 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 monies
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 Gable 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.
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
TENANTS right to possession of said premises, in which event CITY shall be entitled to enforce
all CITYS 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 terminate 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.
16
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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 terns, 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.
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.
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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 attorney's fees in such litigation which
shall be determined by the court in such litigation or in a separate action brought for that purpose.
Section 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:
M&M Refrigeration
1287 Embarcadem
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
18
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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
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 12.10 Termination for Nuclear Disaster
This lease may be terminated by TENANT by ten day written notice in the event of a
nuclear explosion or leak of substantial nature of the Diablo Nuclear Power Plant or the
.. declaration of war by the United States of America.
EXECUTED on November 23 , 19 98 , at Morro Bay
San Luis Obispo County, California.
CITY OF MORRO BAY TENANT
MAYOR CHARLES MARCIEL
4AERA MARCIEL
ATTEST:
BRIDGE AUER CITY CLERK
ROBERT SCHULTZ„Lj ITY ATTORNEY
EXHIBIT A
�77
t.
Ll
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EXHIBIT B
CITY OF MORRO BAY
595 Harbor St.
Morro Bay, CA 93442
(805) 772-6200
(805) 772-7329 FAX
INSURANCE REQUIREMENTS FOR LESSEES
(NO AUTO RISKS)
Lessee shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or,damages to property which may arise from or in connection with the
Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by
the Lessee.
Minimum Scope of Insurance
Coverage shall be at least as broad as:.
1. Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
2. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance (for lessees with employees).
3. Property insurance against all risks of loss to any tenant improvements or
betterments.
Minimum Limits of Insurance
Lessee shall maintain limits no less than:
Spec C
1. General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If
Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to
this project/location or the general aggregate limit
shall be twice the required occurrence limit.
2. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. Property Insurance: Full replacement cost with no coinsurance penalty
provision.
City of Mono Bay
Insurance Requirements for Lessees
Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as
insureds with respect to liability arising out of ownership, maintenance or use of
that part of the premises leased to the Lessee.
2. The Lessee's insurance coverage shall be primary insurance as respects the City,
its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be •
excess of the Lessee's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled, except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coverage
Lessee shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements should be on forms provided by the City or
on other than the City's forms, provided those endorsements or policies conform to the
requirements. All certificates and endorsements are to be received and approved by the City
before use of City premises. The City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements effecting the coverage required by these
specifications at any time.
Spec C
.City of Morro Bay
Insurance Requirements for Lessees
Sub -lessee
Lessee shall include all sub -lessees as insureds under its policies or shall furnish separate
certificates and endorsements for each sub -lessee. All coverages for sub -lessees shall be subject
to all of the requirements stated herein.
Insurance\spmc
Rev. 9/98
•
is Spec C
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
SUBMIT IN DUPLICATE
SPECIAL ENDORSEMENT
For City of Morro Bay
PRODUCER
POLICY INFORMATION
Insurance Company:
Policy No.:
Policy Period: (from) (to)
OTHER PROVISIONS
Telephone:
NAMEDINSURED
-LAMS: Underwriter's representative for claims pursuant to this insurance.
EMPLOYERS LIABILITY LIMITS
$ (Each Accident)
Name:
E (Disease - Policy Limit)
E (Disease - Each Employee)
4ddress:
relephone: ( )
n consideration of the premium charged and notwithstanding any Inconsistent statement In the policy to which this endorsement is attached or any endorsement
iow or hereafter attached thereto, it is agreed as follows:
I. CANCELLATION NOTICE. This Insurance shall not be canceled, except after thirty (30) days prior written notice by receipted delivery has been given to
the City.
2. WAIVER OF SUBROGATION. This Insurance company agrees to waive all rights of subrogation against the City, its officers, officials, employees and
volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City.
Except as stated above, nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this
endorsement is attached.
ENDORSEMENT HOLDER
AUTHORIZED
REPRESENTATIVE ❑ Broker/Agent ❑ Underwriter ❑
City of Morro Bay
I, (print/type name) warrant that I have
595 Harbor St. •
authority, to bind the above -mentioned insurance company, and by my signature hereon
Morro Bay, CA 93442
do so bind this company to this endorsement .
(805) 772-e200
Signature
(original signature required)
Telephone: ( ) Date Signed
1 'nw. 9/99
•
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Reproduction of Insurance Services Office, Inc. Form
• INSURER: ISO Form CG 20 10 22 85: (Modified)
POLICY NUMBER: Commercial General Liability
ENDORSEMENT NUMBER: EXHIBIT 1-A
•
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
City of Morro Bay
595 Harbor St
Morro Bay, CA 93442
(If no entry appears above, the information required to complete this endorsement
will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section D) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
to ISO form CG 20 101185:
The insured scheduled above includes the Insured's officers, officials, employees and
volunteers.
This insurance shall be primary as respects the insured shown in the schedule above, or if
excess, shall stand in an unbroken chain of coverage excess of the Named Insured's
scheduled underlying primary coverage. In either event, any other insurance maintained
by the Insured scheduled above shall be in excess of this insurance and shall not be called
upon to contribute with iL
The insurance afforded by this policy shall not be canceled except after thirty days prior
written notice by certified mail return receipt requested has been given to the City.
Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of section 2782 of the Civil Code.
Signature -Authorized Representative
Address
• CG 20 10 1185 Insurance Services Office, Inc. Form (Modified)
Insurance\Form#1
Rev. 9/98
CERTIFICATE OF INSURANCE ISSUE DATE (MMmorcY)
City of Morro Bay
PRODUCE_ R
THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER
THE CO GE AFFORDED BY THE POLICIES SELOW.
BESTS COMPANIES RATING
COMPANY
LETTER A
COMPANY
NSURED
LETTER B
COMPANY
LETTER C
COMPANY
LETTER D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS
OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
tv
TR TYPE OFINSURANCE
POLICY NUMBER
DAM (MMIOO -n
DATE (Muvoo"
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
GENERALAGGREGATE
$
PRODUCTS-COMPMPAGGREGATE
s
❑ COUMERCMLGENERALLWSSJTY.
PERSONAL SAOVERTISING INJURY
f
❑ ❑ CLAWS MADE ❑ODLTNR.
EACH OCCURRENCE
It
❑ OWNER'SSCONTRACTORSPROT,
FIRE DAMAGE(AR/ a a be)
f
❑
MEO.EXPENSE(AM.p )
f
AUTOMOBILE LIABILITY
COMBINED SINGLE
It
❑ AWAUTO
LIMIT
BODILY INJURY
f
❑ ALL OWNED AUTOS
❑ SCHEDULED AUTOS
(Per IXAM)
BODILY EUURY
s
❑ HREOAUTOS
❑ NON4WNED AUTOS
(Per ecmem
❑ GARAGE l/ABILJTY
PROPERWDAMAGE
EXCESS LIABILITY
EACH OCCURRENCE
s
AGGREGATE
f
Cl UMSRELLAFORM
❑ OTHERTWWUMBRELIAFORM
❑ WORKER'S COMPENSATION
STATUTORYUMITS
f
EACH ACCIDENT
i
AND
DISEASE -POLICY UNIT
f
EMPLOYERS'LIABILITY
DISEASE - EACH EMPLOYEE
S
F
PROPERTY INSURANCE
AMOUNT OF INSURANCE
❑ COURSE OF CONSTRUCTION
DESCRIPTION OF OPERATIONS/LOCATION/VEHICLESIRESTRICTIOWSPECIAL ITEMS
THE FOLLOWING PROVISIONS APPLY:
I. None of the abovedesalbed policies will be canceled until after 30 days' wdtten notice has been given to the City at the address Indicated below.
2. The City, Its officers, officials, employees and volunteers are added as Insureds on all Eabli ty Insurance policies listed above.
3. It is agreed that any Insurance or selfdnsurance maintained by the City will apply In excess of and not contribute With the Insurance described above
4. The City Is named as a loss payee on the property, insurance described above. If any.
5. Ali rights of subrogation under the property Insurance policy listed above have been waved against the City.
6. The workers' compensation Insurer named above, If any, agrees to waive all rights of subrogation against the City for injuries to employees of the Insured resulting
from work for Ute City or use of the Citys premises or facilities.
CERTIFICATE HOLDERIADDITIONAL INSURED
AUTHORIZED REPRESENTATIVE
City of Morro Bay
SIGNATURE
595 Harbor Street
Morro Bay, CA 93442
TITLE
(805)772-6200
PHONE NO.
IISuran elForm #6
ev. 9198
•
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RESOLUTION NO. 107-98
Is RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING A REVISED CONFLICT OF INTEREST CODE
AND SUPERSEDING RESOLUTIONS IN CONFLICT THEREWITH
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, pursuant to the provisions of the Government Code Sections 87300 et
seq., each agency is required to adopt a Conflict of Interest Code; and
WHEREAS, the City of Morro Bay incorporated its Conflict of Interest Codes with
the adoption of Resolution No. 84-94 adopted September 12, 1994, Resolution No. 76-76
adopted September 27, 1976, Resolution No. 59-85 adopted June 24, 1985, Resolution No.
10-91 adopted January 28, 1991, and it is in further need of updating; and
WHEREAS, the attached document entitled "Conflict of Interest Code for the City of
Morro Bay" is adopted as the revised conflict of interest and disclosure code for designated
employees of the City of Morro Bay; and
• WHEREAS, the Fair Political Practices Commission recommends each agency
incorporate Commission Regulations 18730 and 18720 by reference as the body of their
Code, and that all changes to the Political Reform Act and to Regulations 18730 and 18720
will automatically be part of the City's Conflict of Interest Code; and
WHEREAS, this action will ensure the City's Code will always be up to date and in
compliance with the law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, does hereby adopt the revised Conflict of Interest Code attached
hereto and incorporated herein by reference.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the th day of September, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None 1 N
CATHY NO AK, Mayor
ATTEST:
outss,n/
BRIDGETVAUER, City Clerk
is
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11
CONFLICT OF INTEREST CODE FOR
THE CITY OF MORRO BAY
The Political Reform Act (Government Code Section 81000, et seq.) requires State and local
government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political
Practices Commission has adopted two regulations (2 California Code of Regulations
Sections 18730 and 18720) which contain the terms of a standard conflict of interest code.
After public notice and hearing, it may be amended by the Fair Political Practices
Commission to conform to amendments in the Political Reform Act. Therefore, the terms of
2 California Code of Regulations Sections 18730, 18720, and any amendments to it duly
adopted by the Fair Political Practices Commission are hereby incorporated by reference.
These regulations and the attached Appendix designating officials and employees and
establishing disclosure categories shall constitute the conflict of interest code of the City of
Mono Bay.
Designated employees shall file statements of economic interests with the City which shall
make the statements available for public inspection and reproduction (Government Code
Section 81008). Statements for other positions designated in this conflict of interest code
will be retained by the City. *
* Form 700 statements for Article 2 filers (including but not limited to: Mayor,
Councilmembers, Planning Commission, City Manager, City Attorney, and Finance
Director of the City of Mono Bay) shall be filed with the City who will make and
retain copies and forward the original to the Fair Political Practices Commission.
•
APPENDIX A
Designated Position Assigned Disclosure
Category
Administration:
City Clerk 2
Personnel:
Personnel Officer/Risk Manager 2,5
Finance:
Accountant
Information Systems Technician
Planning & Building:
Planning & Building Director l
Associate Planner 3,4
• Chief Building Inspector 3,4
Fire:
Fire Chief 1
Fire Captain 2, 3, 6
Harbor:
Harbor Director 1
Chief Harbor Patrol Officer 2,3
Police:
Police Chief 1
Public Works:
Public Works Director l
City Engineer
Operations Manager
• Administrative Assistant 2,8
Wastewater Division Manager
Engineering Technician II 2, 3, 4
Mechanic 2
APPENDIX A
• Page Two
•
Designated Position Assigned Disclosure
Category
Recreation & Parks:
Recreation & Parks Director 1
Recreation Supervisors 2
Facilities Supervisor 2
Parks Lead Worker
Advisory Boards and Commission:
Recreation & Parks Commission
2,3
Harbor Advisory Board
2, 3, 4
Public Works Advisory Board
2, 3, 7, 8
Community Promotions Committee
2,3
Consultants * I
* Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the code subject to the following
limitation:
The City Manager may determine in writing that a particular consultant, although a
"designated position," is hired to perform a range of duties that is limited in scope and
thus is not required to fully comply with the disclosure requirements described in this
section. Such written determination shall include a description of the consultant's
duties and, based upon that description, a statement of the extent of disclosure
requirements. The City Manager's determination is a public record and shall be
retained for public inspection in the same manner and location as this Conflict of
Interest Code.
APPENDIX B
• DISCLOSURE CATEGORIES
Designated employees shall disclose their financial interests pursuant to the appropriate
disclosure category as indicated in Appendix A.
1. Designated employees whose duties are broad and indefinable:
All sources of income, interests in real property, and investments and business
positions in business entities.
Interests in real property located in the jurisdiction, including property located
within a two mile radius of any property owned or used by the agency.
2. Designated employees whose duties involve contracting or purchasing:
Contracts or make purchases for entire agencv:
Investments and business positions in business entities, and sources of income, which
provide services, supplies, materials, machinery or equipment of the type utilized by
• the agency.
Contracts or makes_ purchases for specific department within the agency:
Investments and business positions in business entities, and sources of income, which
provide services, supplies materials, machinery or equipment of the type utilized by
the designated employee's department or division.
3. Agencies with regulatory powers:
All investments and business positions in business entities, and sources of income,
which are subject to the regulatory, permit, or licensing authority of the City of Morro
Bay.
4. Designated employees whose decisions may affect real property interests:
Investments and business positions in business entities, and sources of income, which
engage in land development, construction or the acquisition or sale of real property,
and all interests in real property.
Interests in real property located within the jurisdiction, including property
• located within a two mile radius of any property owned or used by the agency.
5. Agencies which provide pooled self-insurance benefits:
• All interests in real property, investments and business positions in business entities,
and sources of income from:
a. Persons or entities which provide services, supplies, materials, machinery or
equipment of the type utilized by the agency.
b. Entities which are engaged in the business of insurance including, but not
limited to, insurance companies, carriers, holding companies, underwriters,
brokers, solicitors, agents, adjusters, claims managers, and actuaries.
C. Financial institutions including, but not limited to, banks, savings and loan
associations and credit unions.
d. Entities or persons who have filed a claim, or have a claim pending, against
the agency.
6. Agencies which provide medical services:
Investments and business positions in business entities and income from sources
which provide medical services, including but not limited to privately owned
• hospitals, medical clinics, laboratories, pharmacies, and ambulance companies.
Investments and business positions in business entities and income from sources
which manufacture, sell or distribute medical equipment or services of the type leased
or loaned by the City of Morro Bay to ambulance services, medical services such as
police, sheriff, and fire rescue units, trauma centers and emergency rooms.
Investments and business positions in business entities and income from sources of
the type providing training for persons engaged in medical service programs.
7. Agencies which provide water storage/usage:
All interests in real property. All investments and business positions in any business
entity and income from any source which is: 1) a private water company; or 2) an
entity or person engaged in farming, real estate development, or an owner of real
property.
Investments and business positions in business entities and income from sources
which contract for the delivery of concessions or services on behalf of the district by
virtue of the district's authority.
8. Agencies which provide solid waste disposal:
• Investments and business positions and sources of income of the type which:
Manufacture, sell or provide supplies, materials, machinery,
services or equipment utilized by the agency.
Interests in real property located within the jurisdiction, including property
located within a two-mile radius of any property that is or may be used as:
A disposal site, transfer station or resource recovery facility in
which the designated official/employee provides planning or
technical assistance or has enforcement branch responsibilities.
•
0
• RESOLUTION NO. 106-98
A RESOLUTION CONSENTING TO A CHANGE IN OWNERSHIP OF
CHARTER COMMUNICATIONS INC. TO PAUL G. ALLEN
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on January 27, 1986 the Mono Bay City Council adopted Ordinance
No. 277 enacting a cable television ordinance governing the operation and regulation of non-
exclusive franchise cable television systems in Morro Bay; and
WHEREAS, by authority of Ordinance 277 the City Council passed Resolution No.
10-86 granting a non-exclusive cable television franchise to Sonic Cable Television of San
Luis Obispo for the service area of the municipal and corporate boundaries of Mono Bay;
and
WHEREAS, the City Council passed Resolution No. 36-98 on April 27, 1998
granting Charter Communications Properties LLC's request for transfer of the franchise and
agreement from Sonic Cable Television of San Luis Obispo to Charter Communications
•
Properties LLC (CCP); and
WHEREAS, on July 30, 1998, the City received a facsimile stating that Charter
Communications Inc. had entered into an agreement to be acquired by Paul G. Allen, co-
founder of Microsoft; and
WHEREAS, on August 27, 1998 Charter Communications Inc. submitted to the
City, FCC Form 394, an application for franchise authority consent to assignment or transfer
of control of the cable television franchise to Paul G. Allen; and
WHEREAS, CCP, with which the City has a cable television franchise, is a one
hundred percent (100%) wholly owned subsidiary of Charter Communications Inc., and it
is this "parent" company that is being acquired by Mr. Allen; and
WHEREAS, the Assistant City Attorney has examined the FCC Form 394 and
determined that while the "parent" company for CCP would change in ownership, the day
to day operations and management of CCP would remain unchanged, as CCP would still
hold the franchise after the change in ownership, and as such, does not have any legal
objections to a change in ownership of Charter Communications Inc. to Mr. Allen; and
• WHEREAS, the City Finance Director has examined financial statements provided
in the FCC Form 394, rendering the opinion that a transfer from Charter Communications
Inc. to Mr. Allen would not weaken the financial position of the local operating company,
and finds no reason to object to a change in ownership transfer.
•
Resolution No. 106-98
Consenting to a Change in Ownership of Charter Communications Inc. to Paul G. Allen
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Morro
Bay, California does hereby consent to a change in ownership of Charter Communications
Inc. to Paul G. Allen.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 23rd day of November, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
CATHY NOVAK, Mayor
ATTEST:
BRIDGEJ BAUER, City Clerk
•
0
RESOLUTION NO. 105-98
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
AMENDING THE FISCAL YEAR 1997-98 MASTER FEE SCHEDULE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on March 10, 1997 the City Council adopted Resolution No. 19-97 to set
fees and charges for the City of Morro Bay; and
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, the City Council desires to amend the existing fee schedule to decrease the
Planning & Building Department sign exception permit fees for A -frame signs and other similar
off -premise signs only;
NOW, THEREFORE, BE IT RESOLVED that effective upon adoption of this
resolution, Resolution No. 19-97 shall be amended to add a reduced sign exception permit fee of
$25.00 for A -frame sign and other similar off -premise sign application requests.
• PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the 23rd day of November, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
�c.� nJ rv-•�
CATHY NOVhK, Mayor
ATTEST:
BRIDGETT UER, City Clerk
•
• RESOLUTION NO. 104 -98
A RESOLUTION AND EASEMENT AGREEMENT GRANTING TO 459 CHORRO CREEK ROAD,
APN 073-131-018, AN ACCESS EASEMENT FROM CHORRO CREEK ROAD UPON CITY OWNED
PROPERTY, APN 073-131-017, Parcel 2
APN 073-131-018: A PORTION OF LOTS 4 AND 5, MANFORD BROWN LITTLE RANCHES,
ACCORDING TO MAP RECORDED MARCH 18, 1927 IN BOOK 3, PAGE 90 OF MAPS
APN 073-131-017: PARCEL 1 AND 2 OF 2515 O.R. 933
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the owner of 459 Chorro Creek Road has been using City property to access the home
at said address; and
WHEREAS, a policy of title insurance cannot be issued for said address until a legal easement for
ingress and egress is granted ; and
• WHEREAS, granting of said easement by the City will not create additional financial burden nor
time to the City; and
WHEREAS, the owner has agreed to the terms of the attached Easement Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does
grant on behalf of the public an easement for ingress and egress to 459 Chorro Creek Road pursuant to
the attached Easement Agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 23rd day of November, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None n
CATHY TWAK, Mayor
ATTEST:
• BRIDGET AUER, City Clerk
•
•
•
NOV-0- IM 11:U0AM HUM h ASSUUTAItS M/094-IM
Recording requested by and when
recorded return to:
CITY OF MORRO BAY
595 Harbor Street
Morro Bay, CA 93442
805/772-6261
No.6342 P. 2
SPACE ABOVE MS LIM FOR RECORDERS USE
EASEMENT AGREEMENT
This Agreement is entered into on
by and between The
City of Morro Bay, hereinafter referred to as "Grantor," and Federal National MortM4ge
Association, hereinafter referred to as "Grantee."
1. Grantor is the owner of certain real property situated in the County of
San Luis Obispo, State of California, (hereafter referred to as the "Servient Tenement")
and more particularly described as follows: A.P.N. 073-131-017 by deed recorded
August 29, 1983 in Book 2313, Page 933 of Official Records.
Z. :Grantee is the owner of certain real property situated in the County of
San Luis Obispo, State of California, (hereafter referred to as the "Dominant
Tenement"), and more particularly described as follows: A.PN. 073-131-018.
3. Grantee desires to acquire certain rights in the Servient Tenement. .
4. In consideration for the sum of ten dollars ($10.00) payable by Grantee
to Grantor, Grantor grants to Grantee an easement, subject to the terms of this
Agreement.
S. This easement is appurtenant to the Dominant Tenement.
6. The easement granted in this Agreement is an easement for ingress and
egress over and across Parcel 2 of the Servient Tenement as attached to this Easement
PAGE I OF 3
Nov•20, 1998 11:O5AM HUNT & ASSOCIATES 805/594-1295 No-6342 P. 3
Agreement. This easement shall be used solely for road purposes by Grantee -and
Grantee's heirs and assigns. For purposes of this Agreement "ingress and egress" means
use for and by moving vehicular traffic for any purpose connected with the use of the
Dominant Tenement. This right of ingress and egress does not include parking. No
parking shall be permitted on the Dominant Tenement.
7. The easement granted in this Agreement shall be for and will continue
for so long as it is used for the purposes described above.
8. Grantee's use of the easement granted in this Agreement shall be
exclusive. Notwithstanding the terms of this provision, Grantor reserves the right to
use the Servient Tenement in a manner consistent with Grantee's free use and
enjoyment of the easement.
9. Grantee and Grantee's heirs and assigns shall maintain the easement in
good repair, at Grantee's sole cost and expense.
10. The Grantee and Grantee's heirs shall defend, indemnify and save
harmless Grantor, its officers, agents and employees from any and all claims, demands,
damages, costs, expenses, or liability occasioned by the performance and attempted
performance of these provisions hereof, or in any way arising out of or related to this
Agreement, including, but not limited to, inverse condemnation, equitable relief or any
wrongful act or any negligent act or omission to act on the part of the Grantee or
Grantee's heirs, agents, employees, or independent contractors directly responsible to
the Grantee or Grantee's heirs, providing further that the foregoing shall apply to any
wi ngful acts, or any activity or passively negligent acts or omission to Grantee's
agents, employees or independent contractors. Nothing contained in the foregoing
indemnity provisions shall be.construed to require the Grantee to indemnify the City
against any responsibility or liability in contravention of Section 2782 of the Civil Code.
PAGE 2 or 3
•
•
Nov.20. 1998 11:05AM HUNT & ASSOCIATES 805/594-1295 No.6342 P. 4
11. If any legal action or proceeding arising out of or relating to this
• Agreement is brought by either party to this Agreement, the prevailing party shall be
entitled to receive from the other party, in addition to any other relief that may be
granted, the reasonable attorneys' fees, costs and expenses incurred in the action or
proceeding by the prevailing party.
12. This Agreement constitutes the entire agreement between Grantor and
Grantee relating to the above easement. Any prior agreements, promises, negotiations
or representations not expressly set forth in this Agreement are of no force and effect.
Any amendment to this Agreement shall be of no force and effect unless it is in writing
and signed by the Grantor and Grantee.
City of Morro -My, Grantor
Jerry SattMer
• "��—���--- Vice president
Federal National Mortgage Association, Grantee
•
PAGE 3 of 3
01
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
On November 23, 1998, before me, Bridgett Bauer, City Clerk for the City of
Morro Bay, personally appeared Cathy Novak, Mayor for the City of Morro Bay,
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/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. •
Bridgett Bat, City Clerk .
City of Morro Bay, California
0
NOV-16-1998 13:19 CENTURY 21 PME)<
805 473 6673 P.05
QUINTANA Rnen
20'
SCALE:1'==D'
O1 PTN. LOTS 4 & 5; 3 M.B. 90
459 CHORRO CREEK ROAD
A.P.N. 073-131-018
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
O2 PARCEL 1 OF 2515 O.R. 933
A.P.N. 073-131-017
CITY OF MORRO BAY
Q PARCEL 2 OF 2515 O.R. 933
A.P.N. 073-131-017
CITY OF MORRO BAY
NOV-16-1998 13:19 CENTURY 21 P11gEY(
805 473 6673 P.06
RECORDING REQUESTED BY:.
Fidelity National Title Company
Escrow No. 1191 a4
Me Order No. 1191"
When Recorded Mad Document
and Tax Statement To:
Federal National Mortgage Association
C/O Fleet Mortgage Group, Inc.
11200 West Parkland
Milwaukee, Wi. 53224
EASEMENT DEED
The undersigned grdntor(si declare(s)
Documentary trensfar tax is 90.00 City Transfer Tax $0.00
) computed on full value of property conveyed, or
( ) computed on full value less value of liens or encumbrances remaining at time of sale,
(X ] Unincorporated Area City of
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Morro Bay.a Municipal
Corporation
hereby GRANT(S) to Federal National Mortgage Association
the following described real property in the City of
County of San Luis Obispo, State of Canfomia:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
6AT6: October 1, 1998
STATE OF CAUFORNIA
COUNTY OF
ON before me,
personally appeared
personally known to me (or proved to me on the bass
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/herhheir authorized capecity(loo), and that
by his/her/their slgnature(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.
The Chy-of Morro Bay
•
Signature
MAIL TAX STATEMENTS AS DIRECTED ABOVE •
FO-213 (Rau 9/94) - GRANT DEED _
NOV-16-1998 13:19 CENTURY 21 ANNEX
Es=w No. 113144 .
Tlds Order No: 115144
805 473 6673 P.07
•
E
EXHIBIT ."ONE"
That portion of Lots 4 and 5 of Manford Brown Little Ranches, In the County of San Luis
Obispo, State of California, according to map recorded March 18, 1927 in Book 3, Page 90
of Maps, In the office of the County Recorder of said County, described as follows:
Beginning at a point from the Northeast corner of said Lot 4, which bears South 30 01'
West, 857.05 feet and North 860 59' West 20 feet; Thence North 30 01' East 20 feet
along the Road Right of Way along the East line of Lot 4;
Thence North 86e 59'.West, 375.88 feet to a point of Intersection of the East line of
property recorded to Robert N. Ashurst, September 26, 1960 In Book 1085, Page 447 of
Official Records;
Thence South 3e 01' West, 10 feet along said property line to the Southeast comer of this
property;
Thence North 86e 59' West 187.84feet to Intersect with the West Line of Lot 5 of
Manford Brown Little Ranches;
Thence South.30 01' West 10 feet along said line of Lot 5;
Thence South 860 59' East 563.50 feet to the point of beginning.
TOTAL P.O?
• RESOLUTION NO. 103-98
RESOLUTION SCHEDULING A PUBLIC HEARING REGARDING ENLARGING
THE BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 6
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, by Resolution No. 33-98, the City Council did establish Underground Utility
District No. 6; and,
WHEREAS, Pacific Gas and Electric Company has determined the area defined as
Underground Utility District No. 6 in Resolution No. 33-98 does not meet the criteria for
undergrounding as a Rule 20A project; and,
WHEREAS, it has been recommended that to meet the criteria the boundaries of
Underground Utility District No.6, hereinafter called District, be enlarged to encompass the
following area:
All the Public right-of-ways located in the City of Morro Bay within the real property
• described as follows:
Beginning at the northeast comer of Block 2, Morro Heights, as shown on a map recorded
May 11, 1922, in Volume 3 of Maps, Page 4, said point being the True Point of Beginning;
thence,
S89Fb5'W, 1884.0% thence, N0010'W, 424.43', along the easterly right-of-way line of Main
Street; thence, NOOYE, 1356.0', along the northerly right -of way line of Harbor Street;
thence, SCP24'E, 344.0% thence, N005'E, 530', more or less, along the northerly right-of-
way line of Morro Bay Boulevard to its intersection with the westerly right-of-way line of
Bernardo Avenue extended; thence, S(P24'E, along said right-of-way line returning to the
True Point of Beginning.
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. NOTICE IS HEREBY GIVEN that a public hearing shall be held by the City Council of the
City of Morro Bay on January 11, 1999, at 6:00pm in the Veteran's Hall, to ascertain whether public
necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated
overhead structures, and the underground installation of wires and facilities for supplying electric,
communication, or similar service in the District described above.
• 2. At such hearing all persons interested shall be given an opportunity to be heard. Said hearing
may be continued from time to time as determined by the City Council.
Resolution No. 103-98
Page Two
• 3. The City Clerk shall notify all affected property owners as shown on the last equalized assessment
roll and utilities of the time and place of such hearing by mailing a copy of this resolution to such
property owners and utilities at least thirty (30) days prior to the date thereof.
4. The area proposed to be included in the District is shown on that certain map entitled
Underground Utility District No. 6 (Revised), which is on file in the office of the City Clerk of the
City of Morro Bay.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held on the 23rd day of November, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ATTEST:
BR[DGEtt BAUER�City Clerk
0
3,IVWAL-
CATHY NOV ,MAYOR
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• RESOLUTION NO. 102-98
A RESOLUTION AUTHORIZING EXECUTION OF AIR POLLUTION
CONTROL DISTRICT MOTOR VEHICLE EMISSION REDUCTION GRANT
AGREEMENT TO PURCHASE ONE (1) ADA ACCESSIBLE TROLLEY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay needs to replace its thirteen (13) year old trolley; and
WHEREAS, in April 1998, the City submitted a grant application to the Air Pollution
Control District (APCD) for a Motor Vehicle Emission Reduction (MOVER) grant to aid the City
with its local share for the purchase of one (1) trolley; and
WHEREAS, the APCD Board took action on July 22, 1998 to award a MOVER grant to
the City of Morro Bay in the amount of $10,000 for the purchase of said trolley; and
WHEREAS,on October 26, 1998, the City Council authorized execution of an agreement
with the State of California Department of Transportation for a Section 5311f capital assistance
grant in the amount of $160,000 for the purchase of two (2) Morro Bay Dial -A -Ride paratransit
• vehicles ($80,000) and one (1) ADA accessible trolley ($80,000); and
WHEREAS, the City of Morro Bay has local matching funds available in its fiscal year
1998/1999 budget in the amount of $20,000 for the purchase of said trolley.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
authorizes the City Manager to execute Air Pollution Control District Motor Vehicle Emission
Reduction Fund Agreement No. 98-18 for the purchase one (1) ADA accessible trolley.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 9th day of November 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
CATHY NOAAK, Mayor
. ATTEST:
BRIDGET AUER, City Clerk
(C'T'J)
Agreement No. 98_18
•
•
•
AGREEMENT
This Agreement is made and entered into this
day of 1998, by and
between the SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT, an air
pollution control district formed pursuant to the laws of the State of California (District), and the
I� • u • :: • 1� • :. • lulzl►1
WITNESSETH
WHEREAS, the California Clean Air Act (CCAA) requires local air pollution control districts to
reduce emissions from motor vehicles; and,
WHEREAS, AB 2766, codified in California Health and Safety Code section 44223, authorizes
districts to levy a fee of up to Four Dollars ($4) upon certain registered motor vehicles within the
district, and the board of directors of the District has levied said fee; and,
WHEREAS, AB 2766 requires districts to use said funds for activities related.to reducing air
pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies
necessary for the implementation of the California Cleaq Air Act of 1988; and,
WHEREAS, the District Board appointed the Motor Vehicle Emission Reduction Screening
Committee to review proposals for eligible projects for the purpose of making funding
recommendations to the District Board; and,
WHEREAS, on July 23, 1997, after considering the recommendations of the Screening
Committee, the District Board approved for funding those projects deemed to be most suitable and best
meeting the goals of Health and Safety Code sections 44220 through 44247; and,
WHEREAS, the Contractor has proposed a project that meets the eligibility criteria of the
District and that has been approved by the District for funding; and,
WHEREAS, the Contractor represents that it is willing and able to perform the activities set
forth herein. •
NOW, THEREFORE, based on their mutual promises, covenants, and conditions, the parties
hereby agree as follows:
1. PROJECT
Contractor shall perform all activities and work necessary to implement and complete the project
set forth in the proposal which is attached hereto and incorporated herein as Exhibit A. Contractor
agrees to furnish all labor, materials, equipment, licenses, permits, fees, and other incidentals necessary
to perform and complete, per schedule, in a professional manner, the services described herein.
Contractor represents that Contractor has the expertise necessary to adequately perform the project
specified in Exhibit A.
In the event of any conflict between or among the terms and conditions of this Agreement, the
I. exhibits incorporated herein, and the documents referred to and incorporated herein, such conflict shall •
be resolved by giving precedence in the following order of priority:
1. To the text of this Agreement
2. Exhibit A to this Agreement
3. To the 1998 Motor Vehicle Emissions Reduction Program For San Luis Obispo County
Request for Proposal (RFP) prepared by District.
2. PERIOD OF PERFORMANCFA IMETABLE
Contractor shall commence performance of work and produce all work products in accordance
with the work schedule and deadlines for performance identified in Exhibit A, page A-5
unless this Agreement is terminated sooner as provided for elsewhere in this Agreement. If requested
by District, Contractor shall submit regular progress reports, at intervals determined by District,
detailing the work performed during the current reporting period; work planned for the next reporting 10
• period; problems identified, solved, and/or unresolved; and the percentage of each task completed.
Contractor shall provide District with a comprehensive final written report prior to the end of the
contract term. Said final'report shall document the work performed under this Agreement.
3. COMPENSATION
The total obligation of District under this Agreement shall riot exceed Ten Thousand Dollars
Contractor shall obtain through other sources sufficient additional monies to fund the total cost
of the project as outlined in Exhibit A, page A--L. Satisfactory written evidence of such funding
commitments shall be provided to District prior to the release by District of any funds under this
Agreement. In the event funding from other sources for the total cost of the project as outlined in
Exhibit A, page A -I. is not received by Contractor, District reserves the right to terminate or
P '
• re -negotiate this Agreement. In that event, if requested by District, Contractor shall return any District
funds advanced.
A. Payments: Only expenditures incurred by Contractor in the direct performance of this
Agreement will be reimbursed by District. Allowable expenditures are specifically established and
included in Exhibit A, page -A1.
Payments by District to Contractor for any services detailed in Exhibit A shall be permitted only
after said services have been satisfactorily rendered, and after a written request and claim from
Contractor for such payment has been received by District. Said written request shall set forth the work
completed in the claim period and shall include copies of any and all invoices or financial records needed
to verify that stated costs have been incurred by Contractor. Invoices and supporting records shall be
submitted to District no more often than once every three months, unless prior approval for a greater
0 frequency has been given by APCD. Claims and all supporting documentation shall be submitted to the
San Luis Obispo County Air Pollution Control District, Planning Section, 3433 Roberto Court, San
Luis Obispo, California 93401, Attention: Randy LaVack. •
.District shall pay Contractor within thirty (30) calendar days after receiving a request for
payment and verifying that services have been satisfactorily completed as cited in the invoice.
The amount to be paid to Contractor under this Agreement shall include all sales and use taxes
incurred pursuant to this Agreement, if any, including any such taxes due on equipment purchased by
Contractor. Contractor shall not receive additional compensation or reimbursement for such taxes, and
the payment of taxes shall not in any manner decrease any of the work or services cited in Exhibit A.
B. Surplus Funds: Any part or all of a payment by. District to Contractor, which is not utilized
for any reason by Contractor to pay costs pursuant to the terms and conditions of this Agreement or as
detailed in a claim by Contractor, shall be refunded to District within 30 days after the end of the project
term defined in 2. above.
C. Close-out Period:. All final claims for repayment shall be submitted by Contractor to •
District within sixty (60) days following the final month of activities for which payment is claimed. No
action will be taken by District on claims submitted beypnd the 60-day close-out period.
4. NON -ALLOCATION OF FUNDS
The terms of this Agreement and the services to be provided thereunder are contingent on the
approval and appropriation of funds by the APCD Board. Should sufficient funds not be allocated, the
services provided may be modified or this Agreement may be terminated at any time by District after
giving Contractor thirty (30) days' notice in writing.
5. INDEPENDENT CONTRACTOR
In performance ofthe work, duties, and obligations assumed by Contractor under this
Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's
officers, agents, and employees, will at all times be acting and performing as an independent contractor
Cl
and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer,
partner, or associate of District. Furthermore, except for requirements specifically stated in this
• Agreement, District shall have no right to control, supervise or direct the manner or method by which
Contractor shall perform its work and function. However, District shall retain the right to administer
this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms
and conditions thereof. Contractor and District shall comply with all applicable provisions of law and
the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to
employment rights and benefits available to District employees. Contractor shall be solely liable and
responsible for providing to, or on behalf of, itself all legally required employee benefits. In addition,
Contractor shall be solely responsible and save District harmless from all matters relating to payment of
• Contractor's employees, including compliance with social security, withholding, and all other regulations
governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be
providing services to others unrelated to District or to t{ is Agreement.
6. TERNUNATION
A. Breach of Agreement: District may immediately suspend or terminate this Agreement, in
whole or in part, wherein the determination of District there is:
1. An illegal or improper use of funds;
2. A failure to comply with any term.of this Agreement;
3. A substantially incorrect or incomplete report submitted to District; or
4. Improperly performed services.
In no event shall any payment by District constitute a waiver by District of any breach of this
0 Agreement or any default which may then exist on the part of Contractor. Neither shall such payment
impair or prejudice any remedy available to District with respect to the breach or default. District shall
have the right to demand of Contractor the repayment to District of any funds disbursed to Contractor
under this Agreement which in the judgment of District were not expended in accordance with the terms •
of this Agreement. Contractor shall promptly refund any such funds upon demand.
In addition to immediate suspension or termination, District may impose any other remedies
available at law, in equity, or otherwise specified in this Agreement:
B. Without Cause: Either party may terminate this Agreement at any time after giving the
other party at least thirty (30) days' advance written notice of intention to terminate. In such case,
Contractor shall, subject to paragraph 3, be paid the reasonable value of all services satisfactorily
rendered and actual, reasonable costs incurred up to the time of the termination. Upon such termination,
all the work produced by Contractor shall be promptly delivered to District.
MODIFICATION
Any matters of this Agreement may be modified from time to time by the written consent of all •
the parties without in any way affecting the remainder.
8. . NON -ASSIGNMENT
Neither party shall assign, transfer, or subcontract this Agreement, nor their rights or duties
under this Agreement, without the. prior express, written consent of the other party.
9. INDEMNIFICATION
Contractor agrees to indemnify, save, hold harmless, and at District's request, defend District, its
boards, committees, representatives, officers, agents, and employees from and against any and all costs
and expenses (including reasonable attorneys' fees and litigation costs), damages, liabilities, claims, and
losses (whether in contract, tort, or strict liability, including, but not limited to, personal injury, death,
and property damage) occurring or resulting to District which arises from any negligent
•
R
or wrongful acts or omissions of Contractor, its officers, agents, subcontractors, or employees in their
performance of this Agreement.
• 10. INSURANCE
A. Without limiting District's right to obtain indemnification from Contractor or any third
parties, Contractor, at its sole expense, shall maintain in full force and effect the following insurance
policies throughout the term of this Agreement:
1. Commercial general liability insurance with minimum limits of coverage in the amount of
One Million Dollars ($1,000,000) per occurrence;
2. Commercial automobile liability insurance which covers bodily injury and property
damage with a combined single limit with minimum limits of coverage in the amount of One Million
Dollars ($ 1,000,000). per occurrence;
3. Workers' compensation insurance in accordance with California law.
• B. Such insurance policies shall name District, its officers, agents, employees, individually and
collectively, as additional insured (except workers' compensation insurance), but only insofar as the
operations under this Agreement are concerned. Such coverage for additional insured shall apply as
primary insurance, and any other insurance maintained by District, its officers, agents, and employees,
shall be excess only and not contributing with insurance provided under Contractor's policies herein.
This insurance shall not be canceled or changed without a minimum of thirty (30) days' advance, written
notice given to District.
C. Prior to the commencement of performing its obligations under this Agreement, Contractor
shall provide certifications of insurance on the foregoing policies, as required herein, to District, stating
that such insurance coverages have been obtained and are in full force; that District, its officers, agents,
and employees will not be responsible for any premiums on the policies; that such insurance names
• District, its officers, agents, and employees, individually and collectively, as additional insured (except
workers' compensation insurance), but only insofar as the operations under this Agreement are
concerned; that such coverage for additional insured shall apply as primary insurance and any other
insurance maintained by District, its officers, agents, and employees, shall be excess only and not •
contributing with insurance provided under Contractor's policies herein. This insurance shall not be
canceled or changed without a minimum of thirty (30) days' advance, written notice given to District.
D. In the event Contractor fails to keep in effect at all times insurance coverage as herein
provided, District may, in addition to other remedies it may have, suspend or terminate this Agreement
upon the occurrence of such event.
E. If Contractor is a government entity, then it may self -insure such of those risks identified in
paragraphs IO.A.1-I O.A.3 of this Agreement, provided, however, that:
1. District, its officers, agents, and employees, individually and collectively, shall be named
as additional insured (except for workers' compensation insurance) on Contractor's self-insurance plans,
P
Out only insofar as the operations under this Agreement are concerned; •
2. Such self-insurance plans shall be reasonably satisfactory to District; and
3. All those provisions identified in subparagraph I O.0 of this Agreement concerning the
relationship of Contractor's primary and District's excess insurance to each other, the requirement of
Contractor delivering a certificate of insurance or other suitable evidence to District, and the
cancellation/change of insurance requirements shall apply to such self-insurance plans.
11. AUDITS AND INSPECTIONS
Contractor shall at any time during regular business hours, and as often as District may deem
necessary, make available to District for examination all of its records and data with respect to the
matters covered in this Agreement. Contractor shall, and upon request by District, permit District to
audit and inspect all of such records and data necessary to ensure Contractor's compliance with the
terms of this Agreement. 0
Contractor shall be subject to an audit by District or its authorized representative to determine if
• the revenues received by Contractor were spent for the reduction of pollution as provided in AB 2766
and to determine whether said funds were utilized as provided by law and this Agreement. If, after
audit District makes a determination that funds provided Contractor pursuant to this Agreement were
not spent in conformance with this Agreement or AB 2766 or any other applicable provisions of law,
Contractor agrees to immediately reimburse District all funds determined to have been expended not in
conformance with said provisions.
Contractor shall retain all records and data for activities performed under this Agreement for at least
three (3) years from the date of final payment under this Agreement or until all state and federal audits
are completed for that fiscal year, whichever is later.
If this Agreement exceeds Ten Thousand Dollars ($10,000), Contractor shall be subject to the
examination and audit of the auditor general fora period of three (3) years after final payment under
• contract (Government Code 10532).
12. NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement are as follows:
CONTRACTOR
,i�; � i� �� � yr•
DISTRICT
Robert W. Carr
Air Pollution Control Officer
3433 Roberto Court
San Luis Obispo, CA 93401
Any and all notices between District and Contractor provided for or permitted under this
Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to
0
one of the parties, or in lieu of such personal service, when deposited in the United States mail, postage
prepared, addressed to such party. •
13. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided under this Agreement shall be used
for any political activity, or to further the election or defeat of any candidate for public office.
14. LOBBYING PROHIBITED
None of the funds provided under this Agreement shall be used for publicity, lobbying, or
propaganda purposes designed to support or defeat legislation before the. Congress of the United States
of America or the Legislature of the State of California.
15. CONFLICT OF INTEREST
No officer, employee, or agent of District who exercises any function or responsibility for
planning and carrying out the services provided under this Agreement shall have any direct or indirect
personal financial interest in this Agreement. Contractor shall comply with all federal and state conflict •
of interest laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under
this Agreement and any officer, agent, or employee of District.
16. GOVERNING LAW
This Agreement shall be governed in all respects by the laws of the State of California. Venue
for any action arising out of this Agreement shall only be in San Luis Obispo County, California.
17. BINDING ON SUCCESSORS
This Agreement, including all covenants and conditions contained herein, shall be binding upon
and inure to the benefit of the parties, including their respective successors -in -interest, assigns, and legal
representatives.
10
l J
18. TIME IS OF THE ESSENCE
• It is understood that for Contractor's performance under this Agreement, time is of the essence.
The parties reasonably anticipate that Contractor will, to the reasonable satisfaction of District,
complete all activities provided herein within the time schedule outlined in the attachments to this
Agreement, provided that Contractor is not caused unreasonable delay in such performance.
19. DATA OWNERSHIP.
Upon termination or expiration of this Agreement, all data which is received, collected,
produced, or developed by Contractor under this Agreement shall become the exclusive property of
District, provided, however, Contractor shall be allowed to retain a copy of any non -confidential data
received, collected, produced, or developed by Contractor under this Agreement, subject to District's
exclusive ownership rights stated herein. Accordingly, Contractor shall, if requested, surrender to
District all such data which is in its possession (including its subcontractors or agents), without any
• reservation of right or title, not otherwise enumerated herein. District shall have the right at reasonable
times during the term of this Agreement to inspect and reproduce any data received, collected,
produced, or developed by Contractor under this Agreement. No reports, professional papers,
information, inventions, improvements, discoveries, or data obtained, prepared, assembled, or
developed by Contractor, pursuant to this Agreement, shall be released or made available (except to
District) without prior, express written approval of District while this Agreement is in force.
20. NO THIRD -PARTY BENEFICIARIES
Notwithstanding anything else stated to the contrary herein, it is understood that Contractor's
services and activities under this Agreement are being rendered only for the benefit of District, and no
other person, firm, corporation, or entity shall be deemed an intended third -party beneficiary of this
Agreement.
•
11
21. SEVERABILITY
In the event that any one or more of the provisions contained in this Agreement shall for any •
reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding
shall not affect any other provisions of this Agreement, and the Agreement shall then be construed as if
such unenforceable provisions are not a part hereof.
22. SPECIAL CONDITIONS
The entire proposed project must be completed within one (1) year of contract execution.
23. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Contractor and District with respect
to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings,
advertisements, publications, and understandings of any nature whatsoever unless expressly included in
this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of •
the day and year first hereinabove written.
CONTRACTOR
M 9 M. • : • r��.r
LM
Print Name and Title
Tax I. D. Number
DISTRICT
SAN LUIS OBISPO COUNTY
AIR POLLUTION CONTROL DISTRICT
LM
12
Robert W. Carr
Air Pollution Control Officer
Approved as to legal form:
1
District
�.....b
District Counsel \\ •
Motor Vehicle Emission Reduction Program — QR 1 CA I I -AAc i-- — 1998 RFP
• ATTACHMENT 3
EXHIBIT SUMMARY SHEET/ COVER PAGE
(This is a summary only. All detailed information requested in the RFP must also he supplied)
Applicant (include other participating entities): City of Morro Bay
Brief Project Description: The proposed project would be the purchase of a trolley to be
used as the primary route vehicle, replacing the City's current 13 year old trolley.
Contact Person; janeen Burlingame, Administrative Assistant, Public Works Department
Address: 595 Harbor Street, Morro Bay, CA 93442 Phone:(805) 772-6261
Total Project Budget:
MOVER Funds Matching Funds Total Project Costs
Materials $ - $
Personnel $ - $ - $ -
• Other (Vehicle) $ 20,000 $ 80,000 $ 100,000
Type of Project:
_ Technology Based _ Public Education
g Trip Reduction _ Research .
Plan Development _ Transportation Control Measure (TCM)
Implementation Area for Project:
Within Morro Bay City limits
Performance Measures:
A. Total Emissions Reduced (tons ofNOx, ROG, PM,o):
2701.6271.lbs. (1.35 tons) over 10 year life
B. Cost Effectiveness (cost per ton of reductions):
$96.41/lb, over 10 year life
C. Useful Lifespan of Project (in years):
10 years
• D. Estimated Audience Reached:
Estimated 19,300 passengers each year (193,000 over 10 years)
SANLUISOBISPOCOUN7YAPCD 16 FEBRUARY 9,1998
A�l
Air Pollution Control District - Motor Vehicle Emission Reduction (MOVER) Program
1998 Request for Proposal from The City of Morro Bay
• I. Resolution/Authorizing Letter
The City of Morro Bay City Council approved Resolution No. 24-98 at its regular meeting
of March 23, 1998 authorizing the application for the Air Pollution Control District's Motor
Vehicle Emission Reduction (MOVER) Program (see Exhibit A) to request funding to aid
in the purchase of a new trolley.
II. Project Description
The City of Morro Bay Public Works Department is proposing the purchase of a new trolley.
The new trolley would be replacing the current 13 year old trolley as the primary route
vehicle. The City's trolley operates within Morro Bay city limits.
The current trolley is a 1985 P30 Chevrolet motor home with a Molly Trolley conversion,
a 454 gas engine, no catalytic converter and capacity for 32 passengers. The City proposes
to purchase a new trolley that has at least the same passenger capacity as the current trolley
and has a gas engine, although staff is analyzing the pros and cons of an electric trolley.
The City's trolley season runs from Memorial Day weekend to Harbor Festival weekend
which is the first weekend in October (approximately four months). The trolley system is
• a fixed route that travels between the downtown and waterfront areas and is designed to
provide an alternate means of transportation for citizens of and visitors to Morro Bay. The
trolley operates on weekdays and weekends, ranging from 11 a.m. to 7 p.m., during times
when there is.increased traffic and tourists in the community.
The project would benefit the local community in several ways, as well as support the
objectives of the MOVER program. First, the City's trolley provides an alternate means of
transportation for citizens of and tourists to Morro Bay that would result in a reduction of
motor vehicle emissions, a reduction in vehicles trips taken and a reduction in the vehicle
miles traveled. Second, the trolley reduces traffic congestion and helps to alleviate the
City's parking problem in the downtown and waterfront areas.
With regards to the regional community, the trolley stops at City Park where regional transit
buses stop to pick up and drop off passengers in Morro Bay. Since this is the only regional
stop in Morro Bay, the trolley can provide local transportation to those individuals who wish
to commute to or visit Morro Bay by using regional transit to get to Morro Bay and then
using the trolley to get to the downtown and waterfront areas in the City.
Currently, the trolley route runs from City Hall, past the Mono Bay Library through the
downtown, along the waterfront, to Mono Rock and the beach, to Tidelands Park and the
boat launch, then back through the downtown to City Hall. The trolley route is
• approximately four and a half miles for one loop (see Exhibit B) and takes approximately
thirty minutes to complete.
City of Mom Bay
Proposal for 1998 MOVER Program t P'
The proposed project would compliment the present transit conditions by continuing to
encourage citizens and tourists in Morro Bay to use an alternate means of transportation •
thereby reducing vehicle emissions, vehicle trips and vehicle miles traveled, reducing traffic
congestion and alleviating the parking problem for the downtown and waterfront area. In
addition, the proposed project would result in a further reduction of vehicle emissions by
replacing the current 13 year old trolley as the primary route vehicle.
Aside from the initial capital investment from the City's General Fund to purchase the
current trolley, the trolley has operated a self-sufficient service for the past four years. All
expenses for operation and maintenance of the trolley are offset by revenue generated from
sponsorships, advertising, rentals and farebox revenue. The City of Morro Bay owns the
trolley and the City's Vehicle Maintenance division repairs and maintains the vehicle.
III. Project Background and Organization
The City of Morro Bay public Works Department is a municipal agency that provides a wide
variety of services ranging from streets, transit, water and wastewater. The City of Morro
Bay operates the following two public transportation services to citizens in Morro Bay:
Morro Bay Dial -A -Ride and the trolley. Both MBDAR and the trolley provide an
alternative mode of transportation that results in reduced emissions, reduced vehicle trips
and reduced vehicle miles traveled by the citizens living in and tourists visiting Morro Bay.
The City of Morro Bay's Dial -A -Ride service is a door-to-door, demand -response public •
transit system serving the general public, including disabled/mobility impaired individuals,
resulting in reduced emissions, vehicle trips and vehicle miles traveled by citizens of and
visitors to Morro Bay. MBDAR was the first demand -response public transit system in San
Luis Obispo County and has been operating since May 2, 1977.
The City of Morro Bay's trolley service is a fixed route public transportation service linking
the downtown and waterfront areas, resulting in reduced emissions, vehicle trips and
vehicles miles traveled by the citizens of and tourists visiting Morro Bay. The City of Morro
Bay began operating the trolley as a pilot program in May 1994 and adopted the trolley as
a permanent transit service at the City Council's March 10, 1997 Council meeting.
As one can see, the City of Morro Bay is committed to the objectives of the MOVER
program by providing alternative means of transportation for citizens and tourists in Morro
Bay that result in reduced emissions, vehicle trips and vehicle miles traveled, reduced traffic
congestion and alleviation of the parking problem in the downtown and waterfront areas.
IV. Emission Calculations/Cost Effectiveness
The proposed project is estimated to reduce emission pollutants by 2,701 pounds (1.35 tons)
over the ten year life of the new trolley to be acquired (see attached Technical Appendix for
calculations). •
City of Morro Bay �(
Proposal for 1998 MOVER Program 2
The City's trolley season runs from Memorial Day weekend to the first weekend in October
• (approximately four months) and over the past three seasons the City's trolley has served
57,976 persons during 333 operating days (an average of 174 passengers per operating day).
On average, the trolley serves 19,325 persons each season.
V. Work Statement
The proposed project involves three phases: 1) Request for Qualifications (RFQ) process
for trolley vendors with City Council award, 2) purchase and order trolley and 3) acquisition
of trolley.
Phase 1: RFQ Process and City Council Award
An RFQ will be prepared and disseminated within one month after a contract is executed
with the Air Pollution Control District for the project (no earlier than September 1998 and
no later than November 1998), with bids due one month after the RFQ is disseminated for
review and award by the City Council (no earlier than October 1998 and no later than
January 1999).
Phase 2: Purchase Trolley
Once the RFQs are reviewed and the City Council has awarded the bid, staff will begin the
process of purchasing the trolley and would occur sometime between November 1999 and
January 1999,-depending upon when a contract is executed with the Air Pollution Control
• District. This phase should be rather short as it only involves ordering the trolley from the
manufacturer.
Phase 3: Acquisition of Trolley
After the trolley has been ordered, the City will,take acquisition of the new trolley. The time
flame for this phase is undetermined at this time. It is unknown how long it would take to
acquire the trolley as it depends upon whether there is a trolley with the City's specifications
already manufactured and available or if the trolley must be constructed when ordered.
Estimated time frame is anywhere from four to ten months from the date ordered
(approximately April 1999 to October 1999).
VL Funding Request/Cost Breakdown
The proposed project for which funding is being requested is the purchase of a new trolley
which would replace the City's 13 year old trolley as the primary route vehicle. The City
is requesting $20,000 from the MOVER Program to aid the City in funding this project:
Total project cost is $100,000 and remaining funds for the proposed project would come
from a discretionary Federal Transit Act Section 5311 (formerly FTA Section 18) grant.
The City applied for a discretionary Section 5311 grant for the purchase of a new trolley
earlier this year.
City of Morro Bay
Proposal for 1998 MOVER Program
A" I
Unfortunately, due to budgetary constraints, the City cannot contribute local funding for the
proposed project; however, in -kind 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 Air Pollution Control District, developing specifications for the trolley
the City intends on purchasing, developing and disseminating an RFQ to select a vendor and
finally purchasing and acquiring the new trolley.
It is intended that the MOVER grant would fund 20% of the total cost for a new trolley and
should this project not be award a MOVER grant, funding would have to come from the
City's general fund. For the past two years, the City has not been able to budget funding for
the purchase of a new trolley due to budgetary constraints and it does not appear likely that
the upcoming fiscal year's budget would be any different. In the event that a MOVER grant
is not awarded for this project, there is a strong possibility that this project would not be able
to occur.
VII. Schedule of Deliverables/Self-Monitoring Program
The only deliverable item for the proposed project is the delivery of the new trolley. Once
the RFQ process has been completed and the trolley has been ordered (between November
1998 and January 1999), the estimated time frame for delivery of the trolley to the City of
Morro Bad would be within four to ten months from the date ordered (between April 1999
and October 1999). As mentioned in Section V, this time frame may vary depending upon
whether or not there is a trolley already manufactured to the City's specifications.
Since the project objective is to purchase a new trolley, there are certain goals that must be
reached in order to achieve the project objective: 1) developing the City's specifications,
2) the RFQ process, 3) Council award of the RFQ, 3) ordering the trolley and 4) taking
acquisition of the trolley. Each of these goals listed has a target date for completion, as
outlined in Section V.
The project objective would be measured by whether or not the City has accomplished each
of the goals listed above, ultimately ending with the City achieving the project objective of
acquiring the new trolley. The City would keep the'Air Pollution Control District apprised
of what has transpired at each phase of the project.
The City's transit contractor is responsible for keeping records. and providing a monthly
report to the City on the trolley's activities that includes the number of passengers riding the
trolley, the number of vehicle miles traveled, and the amount of fuel used for each day of
operation. This date could be submitted to the Air Pollution Control District on a monthly,
quarterly or yearly basis to inform the District as to the number of persons served by the
trolley.
City of Mono Bay
Proposal for 1998 MOVER Program
u
•
Exhibit A
RESOLUTION NO.24-98
• A RESOLUTION APPROVING THE APPLICATION OF
A MOTOR VEHICLE EMISSIONS REDUCTION 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 trolley reduces the number ofvehicle trips and vehicle miles traveled 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 is hereby authorized to apply for a grant from the Air Pollution
Control District to help fund the purchase of a trolley.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 23th day of March, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters
NOES: None
ABSENT: Novak
ABSTAIN: None
b
Exhibit B
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15
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Costs
Effectiveness Period (Life)
Capital Costs
Operating Costs (Annually)
Vehicle Travel Eliminated"
Annual Trips Eliminated
Annual VW Eliminated
Vehicle Travel Added'
Annual Trips Added
Annual VMT Added
Technical Appendix
10 years
$100,000
$ 14,100
19,038
5,707
19,038
5,707
'Based on actual riders and actual mileage for the 1997 trolley season
Trips Elimtnated Factor
VMT Ehm►nated Fctorr4
ROG Factor
5.73 grams/trip
3.70 grams/mile
NOx Factor
3.00 grams/trip
22.5 grams/mile
PM10 Factor
0.45 grams/trip
1.45 grams/mile
OEM
Added
Trips Factor ''
rlddedl VMT Factor
{
ROG Factor
1.43 grams/trip
3.70 grams/mile
NOx Factor
1.40 grams/trip
21.5 grams/mile
PM10 Factor
0.45 grams/trip
0.64 grams/mile
City of Mono Bay
Proposal for 1998 MOVER Progr m
7
Technical Appendix
Formulas
Emission Reductions (ROG, NOx, and PM10)
= Life* [(trips eliminated*trips eliminated factor) + (VMT eliminated* VMT eliminated factor)
- (trips added*trips added factor) - (VMT added*VMT added factor)] / 454
= 10 * [(19,038*9.18) + (5,707*27.65) - (19,038*3.28) - (5,707*25.84)] / 454
= 10 * [ 174,768.84 + 157,798.55 - 62,444.64 147,468.88 ] / 454
= 10 * [ 122,653.87 ] / 454
= 1,226,538.70 / 454
= 2,701.6271 lbs. (1.35 tons) over 10 year life
P
Total Project Costs '
= Capital Costs + Operating Costs for life of project (inflation rate = 3%)
$100,000 + [$14,100 (yr. 1) + $14,420 (yr. 2) + $14,852.60 (yr. 3) + $15,298.18 (yr. 4)
+ $15,757.13 (yr. 5) + $16,229.84 (yr. 6) + $16,716.74 (yr. 7) + $17,218.24 (yr. 8)
+ $17,734.79 (yr. 9) + $18,266.83 (yr. 10)]
= $100,000 + $160,464.35
= $260,464.35 over 10 year life
Cost -Effectiveness
0
= Total Project Costs / Emission Reductions (ROG, NOx, PM10)
= $260,464.35 / 2,701.6271 lbs.
$96.41/lb. -fiver 10 year life
... ' City of Mom Bay .
... Proposal for 1998 MOVPR Program 8
•
U
• RESOLUTION NO. 101-98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RESCINDING RESOLUTION NO. 36-88, AND
AUTHORIZING THE ADJUSTMENT AND SETTLEMENT
BY THE CITY MANAGER OF CLAIMS AGAINST THE CITY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Mono Bay is a member of the Central Coast Cities Joint
Powers Agreement (CCCJPA) for insurance purposes; and
WHEREAS, as a result, the City receives the services of an independent
CCCJPA adjuster and investigative service who will investigate and defend specified tort
claims filed against the City; and
WHEREAS, for the expedient settlement of claims necessary to minimize costs
of the City, it is necessary that the staff and the adjuster have specified authority on
behalf of the City to immediately enter into settlement agreements without prior
is
authorization of the City Council; and
WHEREAS, the City Council may, pursuant to Government Code Section 935.4
authorize a City employee to perform the functions of the City Council under Title 1,
Division 3.6, Part 3 of the California Government Code or under Chapter 3.12 of the
Morro Bay Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, as follows:
1. Upon investigation and determination by the CCCJPA adjuster for the City that
the City appears to be partially or fully liable by reason of an incident or accident
resulting in a claim against the City, the CCCJPA Adjuster for the City shall have
the authority to enter into settlement agreements on claims that do not exceed five
thousand and no/100ths dollars ($5,000.00). This authority may be suspended or
reduced at any time by the City Manager.
2. When a claim against the City exceeds five thousand and no/100ths dollars
($5,000.00), and it is determined by the City Manager that the City appears to be
partially or fully liable for the claim, the City Manager shall have the authority to
enter into a settlement agreement to settle the claim up to the amount of twenty
• thousand and no/100ths dollars ($20,000.00). Any such settlement agreement
shall be signed by the City Manager.
• Resolution No. 101-98
Page Two
3. All claims which are recommended to be paid that equal or exceed twenty
thousand and no/100ths dollars ($20,000.00) shall be referred to the City Council
for approval. Such claims may be reviewed in Closed Session on recommendation
of the City Attorney pursuant to the state open meeting law and procedures.
4. The City Manager or his designee shall be authorized to reject any claim filed
against the City pursuant to and on the appropriate grounds set forth in Title I,
Division 3.6, Part 3 of the Government Code of the State of California or pursuant
to and on the appropriate grounds set forth in Chapter 3.12 of the Municipal Code.
5. The City Manager or his designee is further authorized to compromise or settle,
without prior approval of the City Council, except on a matter of policy, any
actions in which the City is a plaintiff, provided that the amounts of such
compromise or settlement shall not exceed thirty five thousand and no/100th
dollars ($35,000.00).
• 6. Upon written order of the City Manager, a claim shall be processed for
appropriate payment pursuant to procedures established by CCCJPA in the
amount for which a claim has been allowed, compromised or settled.
7. Resolution No. 36-88 is hereby rescinded in its entirety.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 26th day of October, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
BRIDGETT6kUER, City Clerk
0
CATHY NOVA C, Mayor
•
CITY COUNCIL RESOLUTION NO. 100-98
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 1997-98
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 June
9, 1997 by adoption of Resolution No. 42-97; and
WHEREAS, the City Council adopted Resolution No. 05-98 on January 12, 1998 and Resolution No. 17-98
on February 23, 1998 amending the original budget; and
WHEREAS, the City Council finds it necessary to further 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 as shown on the attached summary schedule.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th day
of October, 1998, by the following vote to wit:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
�r�yry !i.�....:
BRIDG BAIJ:i
City Cle
a vua�xvnavawuwc�c
CATHY %OVAK,
Mayor
•
General Fund
Expenditures
Fund Dept.
Object
Original
Budget
Attachment to Resolution 100 - 98
New
Increase Budget
001
City Council
4910
15,600.00
6,571.00
22,171.00
001
City Manager's Office
4599
0.00
3,583.00
3,583.00
001
PersonneVRisk Management
4910
13,900.00
4,764.06
18,664.00
001
Information Services
4110
4,200.00
3,355.00
7,555.00
001
Police Department
4110
971,169.00
60,826.00
1,031,995.00
001
Police Grants
7302
0.00
43,642.00
43,642.00
001
Emergency Services
4110
502,837.00
25,927.00
528,764.00
001
Planning & Building Department
6106
112,017.00
20,700.00
132,717.00
001
Engineering & Administration
6104
27,000.00
35,852.00
62,852.00
001
Vehicle Maintenance
5503
0.00
2,462.00
2,462.00
001
Street Maintenance
6603
61,000.00
38,300.00
99,300.00
001
Curbside Recycling
6106
84,808.00
2,103.00
86,911.00
001
R & P Administration
4110
91,845.00
2,788.00
94,633.00
001
R & P Sports
4310
67,500.00
6,384.00
73,884.00
001
Youth Services
4310
99,635.00
24,100.00
93,735.00
O1
R & P Parks
4910
30,107.00
10,502.00
40,609.00
001
City Facilities
6220
0.00
4,825.00
4,825.00
001
Contract Services
6107
57,950.00
5,287.00
63,237.00
001
Street Lighting
6301
74,700.00
5,092.00
79,792.00
001
Interfund Transactions
8530
0.00
34,852.00
34,852.00
•
Total
2,184,268.00
341,915.00
1 2,526,183.00
Attachment to Resolution 100 - 98
•
Expenditures
Fund
Original New
Budget Increase Budget
202
�V933
CDBG Technical Assist. Grants Fund
0.00
1,804.00
1,804.00
299
Parking In - Lieu Fund
3,000.00
7,061.00
10,061.00
301
Transit Fund
0.00
27,637.00
27,637.00
321
Wastewater Collection Revenue Fund
65,430.00
7,843.00
73,273.00
333
CC1 Slip Fund
0.00
150.00
150.00
911
CIP Misc. Dock Repairs
0.00
238.00
238.00
911
CIP Harbor Front Parking Lot
0.00
1,687.00
1,687.00
911
Chorro Creek Replacement Project
0.00
373,415.00
373,415.00
911
South Bay Blvd. Project
0.00
1,094.00
1,094.00
911
Recoat Black Hill Tank
0.06
4,572.00
4,572.00
911
Blending Pipeline
0.00
34,911.00
34,911.00
911
Sidewalk Replacement Project
0.00
1,417.00
1,417.00
911
R/JdatProject
0.00
1,775.00
1,775.00
911
State Park Road
0.00
1,026.00
1,026.00
911
Main Street Bikepath
0.00
38,285.00
38,285.00
933
CDBG Family Housing 1996 Grant
CDBG Family Housing 1996 Grant (Land)
0.00
0.00
126,700.00
260,600.00
126,700.00
260,600.00
Total
P
68,430.00 E 890,215.00 1 958,645.00
Attachment to Resolution 100 - 98
CJ
Revenues
Original New
Fund Budget Increase Budget
001
General Fund
6,725,484.00
211,346.00
6,936,830.00
201
CDBG Loan Repayment Fund
0.00
116,106.00
116,106.00
202
CDBG Technical Assist. Grants Fund
0.00
11,944.00
11,944.00
270
Water System Fund
0.00
1,199.00
1,199.00
299
Parking In - Lieu Fund
0.00
105,456.00
105,456.00
301
Transit Fund
312,404.00
8,866.00
321,270.00
332
South T - Pier Fund
0.00
27,510.00
27,510.00
333
CC1 Slip Fund
8,000.00
3,886.00
11,886.00
511
Tree Replacement Expendable Fund
0.00
759.00
759.00
550
Mimosa St AD Redemption Fund
18,480.00
64,703.00
83,183.00
551
Mimosa St Supp AD Redemption Fund
16,800.00
56,486.00
73,286.00
565
North Point Assessment District Fund
5,645.00
5,463.00
11,108.00
904
Park Fee Fund
0.00
1,112.00
1,112.00
911
Capital Improvement Project Fund
458,100.00
621,459.00
1,079,559.00
933
CDBG Family Housing 1996 Grant Fund
0.00
393,478.00
393,478.00
952
Wastewater Collection System Accum. Fund
65,000.00
173,649.00
238,649.00
53
Harbor Capital Accumulation Fund
0.00
30,488.00
30,488.00
Total
•
7,609,913.001 1,833,910.00 1 9,443,823.00
u
171
RESOLUTION NO. 97-98
A RESOLUTION AUTHORIZING EXECUTION OF STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION CONTRACT FOR A SECTION 5311f
CAPITAL ASSISTANCE GRANT TO PURCHASE TWO (2) 16-PASSENGER
ACCESSIBLE VANS AND ONE (1) ADA ACCESSIBLE TROLLEY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay needs to replace its nine (9) year old Morro Bay Dial -
A -Ride (MBDAR) paratransit vehicles and thirteen (13) year old trolley; and
WHEREAS, in January 1998, the City submitted grant applications to the State of
California Department of Transportation for a Section 5311 Discretionary Grant for the purchase
of two (2) replacement vehicles for MBDAR and for the purchase of one (1) trolley; and
WHEREAS, the City of Morro Bay was notified in March 1998 that it would be awarded
a $160,000 Section 5311 Discretionary Grant for the purchase of said vehicles and trolley; and
WHEREAS, the City of Morro Bay has local matching funds available in its Transit Budget
in the amount of $40,000 for the purchase of said vehicles and trolley.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
authorizes the City Manager to execute State of California Department of Transportation Contract
No. 647094 for a Section 5311f capital assistance grant for the purchase of two (2) 16-passenger
accessible vans and one (1) ADA accessible trolley.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 26th day of October 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
CATHY NOVAK, Mayor
ATTEST:
• BRIDGETIDAUER, City Clerk
RESOLUTION NO.96-98
A RESOLUTION IN SUPPORT OF
THE COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS'
APPLICATION SEEKING OFFICIAL STATE SCENIC HIGHWAY STATUS
FROM CALTRANS FOR HIGHWAY ONE IN DISTRICT 2
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council received a presentation on the California Scenic Highway
Program on January 12, 1998, and received further information and public testimony on March
9, 1998 generally in support of an official scenic highway designation for State Highway One
from the San Luis Obispo/Monterey County line to the San Luis Obispo city limits; and
WHEREAS, California State Highway One in northern San Luis Obispo County is one of
the state's most spectacular public highways stretching from the Big Sur cliffs, along pristine
coastal terraces, through the city limits of Morro Bay, to the fertile lands of the Chorro Valley
• and the famed landmarks of the Seven Sisters, including Morro Rock; and
WHEREAS, over eight (8) million visitors a year enjoy the world famous vistas along this
57-mile stretch of highway as they drive from Monterey to Hearst Castle, San Simeon, Morro
Rock, Morro Bay State Park and points beyond; and
WHEREAS, recognizing the economic and aesthetic value of scenic highways, the State
Legislature established the California Scenic Highway Program in 1963 to showcase and
promote the state's most visually appealing roads; and
WHEREAS, Highway One in Monterey County through Big Sur to the San Luis Obispo
County line has already been designated a State Scenic Highway since 1964; and
WHEREAS, the City of Morro Bay City Council concurs with the San Luis Obispo
County Board of Supervisors' belief that Highway One's scenic value does not end at the
Monterey County line, and is worthy and deserving of similar recognition, thereby enhancing the
• continuity of the designation and increasing public awareness of this scenic resource; and
Resolution No. 96-98
In Support of Scenic Highway Designation
for Highway One
Page 2
WHEREAS, Scenic Highway status enhances the local economy by attracting media
attention and tourist dollars to the area, and also increases eligibility for highway maintenance
and improvement funding;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro
Bay, California, does hereby endorse and support the County of San Luis Obispo Board of
Supervisors' official request that Caltrans favorably consider their request to extend formal State
Scenic Highway designation on the stretch of Highway One from the Monterey County line to
the San Luis Obispo city limits.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay,
at a regular meeting held on this 26th day of October, 1998 by the following vote:
• AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
BRIDGETT AUER, City Clerk
.1.I/ISNSl.WSOFFICE�WINWORDWP &6LDV -OMS9 99 DOC
edL � N-.AX-
CATHY NCbkK, Mayor
2
RESOLUTION NO. 95-98
RESOLUTION DECLARING AN EMERGENCY CONDITION TO EXIST
REGARDING A PORTION OF THE ATASCADERO ROAD SEWER TRUNK LINE
AND AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO
SAFEGUARD PUBLIC HEALTH AND SAFETY
the City Council,
City of Morro Bay, California
WHEREAS, the City of Morro Bay is joint owner, along with the Cayucos Sanitary District,
of an 18 inch diameter sewer trunk line along Atascadero Road in Morro Bay; and
WHEREAS, said trunk line serves a significant portion of Morro Bay as well as the
community of Cayucos; and
WHEREAS, said line currently transports more than one million gallons of wastewater per
day to the Wastewater Treatment Plant, this amount representing approximately two-thirds of Morro
Bay's total wastewater flow; and
WHEREAS, this pipeline is the sole facility capable of transporting that wastewater to the
Treatment Plant; and
WHEREAS, damage to the pipeline was caused by the recent El Niflo conditions, the full
extent of which could not be identified until the area's groundwater conditions and excavation
contractor scheduling permitted; and
• WHEREAS, excavation and inspection revealed significant groundwater infiltration,
broken/cracked pipe sections and offset joints of such a degree as to jeopardize the capability of the
trunk line to safely transport flows in the upcoming winter rain season commencing on or about
November 1; and
WHEREAS, failure of this critical trunk line can be reasonably predicted to occur within the
immediate future; and
WHEREAS, such failure would potentially result in a public health and safety hazard of
catastrophic proportion; and
WHEREAS, said failure could take the form of cessation of flow through the pipeline in
question, saturation and collapse of the surrounding ground surface, contamination of local
groundwater and overflow of more than one million gallons per day of untreated sewage into the
adjacent street, Morro Creek and the Pacific Ocean.
WHEREAS, the public interest and necessity demands the immediate expenditure of public
money to safeguard life, safety, sensitive environmental habitats and property; and
WHEREAS, engineering plans for replacement of affected portions of said trunk line have
been prepared; and
WHEREAS, pipeline conditions are such that mitigation cannot permit the delays resulting
from competitive solicitation for bids delineated in the Public Contract Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that an
emergency condition regarding the jointly -owned 18 inch sewer trunk line along Atascadero Road
is hereby declared pursuant to Section 20168 of the Public Contract Code and the California
Environmental Quality Act; and
Resolution No. 95-98
Page Two
• BE IT FURTHER RESOLVED, the Director of Public Works is hereby authorized and
directed to order actions deemed appropriate to mitigate the conditions under emergency contracting
outlined in Section 22050 of the Public Contract Code; and
BE IT FURTHER RESOLVED, funding for the City's share of the mitigation work is hereby
allocated from the City's Wastewater Revenue Fund reserves.
11
0
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held
on the 12th day of October, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
11 i• • j v.
CATHY NOVXK, Mayor
u
•
to
from :
date :
subject:
City of Morro Bay
DEPARTMENT of PUBLIC WORKS
Honorable Mayor`arid City Council, 'City of Morro Bay "
Honorable President and Board of Directors, Cayucos Sanitary District
Director of Public Works
October 2, 1998
Jointly -Owned 18" Sewer Trunk Line; Atascadero Road; Emergency
Conditions
Requests: 1) Staff requests the City Council and Board of Directors declare a
public health and safety emergency condition to exist. 2) Staff, further requests the
legislative bodies authorize and direct that the jointly -owned Atascadero Road sewer trunk
line between Park Street and the Wastewater Treatment Plant be replaced with a 27"
pipeline with all reasonable efforts performed for completion prior to November 1, 1998.
3) Staff further requests the City Council allocate funds for the work from the Wastewater
Revenue Fund Reserves and that the Board of Directors allocate funds from it's current
- fiscal year contingency funds.
Background:
Morro Bay and Cayucos jointly -own an 18" VCP (clay) pipeline along Atascadero
Road between Main Street and the WWTP. The pipeline was installed circa 1954. The
pipeline serves the entire northerly portion and a significant part of the southerly portion
of Morro Bay as well as acting as a secondary pipeline for Cayucos (since the installation
of the Cayucos Interceptor Line in the mid-1980's). Morro Bay owns 60% of the pipeline
and it's capacity and Cayucos owns 40%. The pipeline is about 14 feet below ground
surface with the elevation of the pipe at about 1.5 feet above sea level. The pipeline's
alignment runs along the old' rig ht-0f-way of Atascadero Road'which was re -aligned in the
1969s. A portion of the pipeline route is within the City's Corporation Yard, adjacent to the
Desalination Facility and Vehicle Maintenance Facility and under part of the Parks &
Recreation storage shed.
The pipeline experienced a problem in the mid-1970's and repairs were performed
in the area now adjacent to the Desal Plant. High groundwater conditions prevented
permanent repairs from being performed at that time.
Discussion:
As result of the recent El Nino conditions, we noted a large "sink hole" inside the
Parks & Recreation shed about 200 feet east of the WWTP and a smaller one adjacent to
the Vehicle Maintenance building. We included the problem, at that time unquantified, in
• our FEMA damage claims. FEMA.inspectors performed a site inspection in April of this
year and approved both immediate and permanent repairs for the pipeline: At FEMA's
recommendation, we performed a video tape inspection of .the pipeline, with all flow
blocked off in May.
Video Investigation:
The videotape, available for review, showed numerous areas where groundwater
was. infltrating:.the...pipeline;.several.crackedtbroken.portions.. of. the, .line; .noneof. which
were located immediately at the. area of the larger sink hole.
The portion of the pipeline about 50 feet upstream (east) of the sinkhole showed
evidence of significant displacement. The pipeline was full of water (with no water flow in
the pipe) and neither the .video camera nor our hydro-vac.could push past some sort of
obstruction. While the video .indicated that some sort of downward. and southerly
movement (pipeline full) with significant offsetting of pipe joints (obstruction) had occurred,
it was determined that excavation of that area was necessary on order to identify the
nature and extent of the problem. There were several feet of pipe that couldn't be
inspected by the video due to the obstruction.
Excavation:
We contacted a local general engineering contractor who specializes in
underground work, R. Baker, Inc., to perform the excavation and, hopefully, the repair. We
• reviewed the videotape and the surface conditions and discussed the situation, including
repair, the possibility of "sliplining" the pipe and other potential options which might arise
upon excavation. With the contractors committed work schedule and the certainty of high
groundwater conditions in the spring, the excavation work didn't start until September 24.
We started excavation at the point of the obstruction. The excavation was somewhat
difficult. Shoring shields were installed in the trench as it progressed and by the time we
worked down to the pipeline elevation additional shoring materials were needed. Once the
top of the pipe was exposed, water started to enter the excavation from under the ground.
This infiltration of water reached the point where we deemed it unfeasible to continue
excavation. We had exposed one pipe joint in more than three days of work. What was
found at that one joint was a displacement on the top of about three inches, enough for a
large man to put a goodly portion of his hand into what should be a water -tight connection.
VVe_could not see what had occurred at the bottom of the pipe. We took a video of the
conditions;. available. for review:: .:.... .... ... .....: ... :. ,.
At that point it was clear that there was a significant.problem, with an apparent loss
of water -tight integrity and alignment on a major sewer trunk line. The condition is an
imminent hazard to public health and safety and staff recommends that it must be mitigated
prior to the onset of the upcoming rainy season. The higher wastewater flows that will
occur in the wet season pose a reasonably predictable risk of failure of the pipeline,
perhaps in a catastrophic manner.
The excavation costs have been incurred. The costs to date have not been finalized
• and we are anticipating a time -and -materials invoice to arrive in the near future. It will likely
be several thousands of dollars.
Mitigation Options:
In discussion with the contractor, updated options were considered. To perform an
• -in.situ' repair to this portion of the pipeline would likely take several weeks of excavation
with extensive de -watering req6ired..666e..that'poition (about l5 feet long) was repaired;'`.
at a cost of several tens of thousands of dollars, we would still have not repaired the
broken/cracked joints and infiltration in the other 200 +/- feet of the line..-
An extensive. ex cavatio.n1sl'iplining was disc issecl;.using.the:excavation for the point
of entry of the lining material. While this option had some merit, there was one critical .flaw
identified is that approach. The 18 pipeline has been identified as being over its hydraulic
capacity: The first videotape. illustrates this,condition clearly,.*th.evidence,of consistent,
flows of.75% pipe capacity or more (with the Cayucos Interceptor,in service). To slipline .
the pipe would result in a reduction in the pipe's capacity, varying from a small to an
extensive amount dependant upon the sliplining method chosen. Employing a
•repair/sliplining approach would also result in. a pipeline still out,of alignment in..places
unless significant additional tasks, such as pipe replacement or mandrilling, were pursued.
While this would address the immediacy of the problem, it would not mitigate the
current capacity issues. We would, therefore, be looking at the need to install additional
capacity in the near future.
Installing a replacement line, with abandonment of the existing line, was considered
and was determined top be the most viable option. This allows not only the mitigation of
the current problem, if completed prior to the inset of this year's rains, but also provides
the opportunity to provide the identified needed additional hydraulic capacity of the
system, at least for the 550 feet under consideration. To install a replacement line, of
• whatever dimension, would entail a 14 foot deep trench. To safely install a line would, by
necessity, require the use of shoring shield, both to preclude the possibility of needing to
excavate an unduly wide trench but, more importantly, to ensure worker safety during pipe
installation. Shoring shields have a total width of about 54", requiring a commensurately
wide trench. The cost differential between installing an 18" pipe and a larger pipe,
therefore, should be limited to the material cost increase, a relatively minor overall cost
component.
Design Considerations:
The City Engineer has performed an analysis of the current and future capacity
needs for both communities. This analysis is summarized on the attached graphic
representation. The installation of a 27" PVC (plastic) pipe is recommended. It is further
recommended that the replacement be from the intersection of Park Street/Atascadero
•.Roaddo the WWTP;.a distance of: about.550 feet.This.distance.and. alignment provides..,.....:.; .:
for superior hydraulics and keeps the full length of the proposed pipeline route in the
paved section of the Road.
We have commenced the design for the replacement line, scheduled to be complete
by early next week. The estimated cost for the work is about MG09 including design
and inspection. We are having a geotechnical firm perform a soils investigation today to
determine the groundwater conditions along the proposed alignment. The groundwater
conditions may result in increased costs for mitigation (in the form of de -watering, modified
• pipe bedding/backfill, et al) but we want to allow the contractors to factor in appropriate
measures into their quotes rather than have claims for extra work and delays.
Costs and FEMA Reimbursement
FEMA has approved "permanent" repairs for this pipeline. While this agency will pay
for a replacement in kind based upon their approved unit price schedule, the two agencies
.. . would be responsible :for -alF'payments• for the: incremental vp: sizing; -With .a. 6 ./40
..
ownership, both agencies would have a pro rata share of costs with FEMA reimbursement
being distributed on a commensurate. pro rata share. The pro rata costs.based upon an
$100,000 ,:construction..costs., would be $60,000 . Morro., Bay and:. $40,000, Cayucos.
Groundwater mitigation costs would be additional to this estimate and the parties would
have the same pro rata cost share. More accurate total costs will be provided once quotes
are receiyed..lt should be noted that,: with. the.time.critical nature of the work, .the aimeliness,,.; ..,
of contractor mobilization can and should be a factor in the selection of the successful, firm,
understanding that costs remain the primary factor.
It has been this Department's position that we be prepared for no reimbursements
to come from FEMA.
Contractor selection Proced r : The Public Contract Code requires a ten day
minimum public advertising period for bidders and award of the contract by the governing
body for all Public Works projects, with an exception for declared emergencies. While we
have a short amount of time available to solicit quotes for the work, the urgency of the
situation makes it unfeasible to place an advertisement in the newspaper, pursue the
award/oontract execution process, mobilize a contractor and complete the work prior to the
onset of winter.
The means available to complete the work in the needed time frame is a resolution
of declaration of emergency, pursuant to Public Contract Code Section 20168, requiring
• a 4/5 vote of the bodies. If adopted, such action allows the work to be pursued under
Section 22050 of the Code. These Sections are attached hereto. Resolutions will be
provided with supporting findings for each agency as soon as possible.
This writer is not knowledgeable on what differences in required procedures the
Sanitary District may have; on -going discussions with District staff will ascertain the
appropriate processes.
We will be proceeding with dissemination of plans and receiving quotes
concurrently with the proposed legislative actions. As the design will be completed prior
to action by the legislative bodies, staff proposes to distribute the plans to three qualified
contractors for price quotes. This will not have a significantly adverse impact upon the
work schedule and will provide evidence that the public's monies are being reasonably
spent.
It is anticipated..that the.:actual .installation of.the.replacementpipeline will take
about 2-3 weeks to complete. The anticipated schedule of tasks is:
- October 8: plans to contractors
- October 12: quotes from contractors
- October 12: City Council declaration (CSD Action as well, undetermined
process/date)
- October 13: contract execution and authorization to commence
- October 19: pipe material arrive from supplier, work commences
• - October 30: work substantially complete, replacement pipe in service, health
hazard mitigated.
Reauests:
1) Staff requests the City Council and Board of Directors declare a public health
and safety emergency condition to.exist via the adoptionof resolutions provided for each .
body.
2) Staff further requests the legislative bodies authorize and direct that the
jointly7owned Akascadero Road sewer ..trunk line be replaced with:. a. 27" . pipeline .
immediately with completion at the earliest possible. time.
3) Staff further requests City Council allocate funds for the work from the
Wastewater Revenue Fund. Reserves and.that the.Board of.Directors.allocate funds from,.
it's current fiscal year contingency funds.
attach.
cc: City Manager
City Engineer
Manager, Operations and Maintenance, Cayucos Sanitary District
Wastewater Division Manager
•
0
j PUBLIC CONSTRUCTION ACT § 20168.5
i(c) Stats 1983 ch 49 § 874, as amended Stats 1891 ch 49 § • 1, Slats 1897 ch 87 § 1, Slats 1913 ch 27 § 1, Stats 1929 ch 294 § 3, Stats 1931 ch 131 § 5, Stats 1933 ch 516 § 27, Slats 1939 ch
396 § 1, Slats 1941 ch 741. § 1, ch 1034 § I.
I Gross Itefesenax . ' ......`.': .. . ...
when competitive bidding required: Pub Con C § 20162.
Rejection of bids, identical bids, absence of bids:.Pub Con C § 20166.
. _ Collateral References: .. .. ... .
Witkin summary (9th ed) Contracts § 81.
NOTES OF DECISIONS
A aty's use of its Own employes is.00t a neogsar-, excess of f3300be la out on bide Killeen v San ..
ily implied exception to Gov. Coda § 37902, requir- Bruno (1976; 1st-t)iit)36 wApp 3a 479;'12s Cal
mg that public work calling for an expenditure in Rptr 760.
§ 20168. Emergency expenditures
In case of an emergency, the legislative, -body may pass a.resolution by
a four -fifths vote of its members declaring that the public interest. .. t.and
necessity demand the immediate expenditure of public money to
safeguard life, health, or property. Upon adoption of the resolution, it
may expend any sum required in the emergency without complying
with this chapter. If notice for bids to let contracts will not be given,
the legislative body shall comply with Chapter 2.5 (commencing with
Section 22050).
Added Slats 1982 ch 465 § 11. Amended Stats 1994 eh 803 § 1.2 (AB 3348).
Amendments:
1994 Amendment: In addition to making conforming and technical changes, the
• amendment also authorized a public agency; to a case of emergency, to take imme-
diate action required by that emergency, ant procure the necessary equipment, ser-
vices, and supplies for those purposes, without giving notice for bids to let
contracts.
Historical Derivation:
(a) Former Gov C § 37906, as added Stats 1949 ch 79 § 1.
(b) Stats 1883 ch 49 § 777, as amended Stats 1891 eh 58 § 1, Stats 1915 eh 663 § 1, Stats 1941
ch 741 § 2, ch 1034 § 2.
(e) Stats 1883 eh 49 § 874, as amended Stats 1891 eh 49 § 1, Stats 1897 eh 87 § 1, Stats 1913
ch 27 § 1, Scats 1929 ch 294 § 3, Slats 1931 ch 131 § 5, Stets 1933 ch 516 § 27, Stats 1939 ch
306 § 1, Slats 1941 ch 741 § 1, ch 1034 § 1.
Cross References:
Similar provisions. school district contracts: Pub Con C § 20113.
Similar provisions, county contracts: Pub Con C § 20134.
When competitive bidding required: Pub Con C § 20162.
Collateral References:
Cal Jur 3d Public Works and Contracts § Ill.
Am Jur 2d (Rev) Act of God §§ 5 et seq., 8 et seq.
§ 20168.5. Facilities for transfer of prisoners, parole violators, or wards
In any city that has agreed to permit the transfer of prisoners or pa-
role violators under Section 2910 or 2910.5 of the Penal Code, or of
wards under Section 1753.3 of the Welfare and Institutions Code, the
463
0
CHAPTER 2.5
Emergency Contracting Procedures
[Added Stats 1994 eh 803 § 88 (AB 3348).]
§ 22050. Emergency contracts for repair or replacement of public fa-
cility; Review
(a)(1) In the case of an emergency, a public agency, pursuant to a four -
fifths vote of the governing body, may repair or replace a public facil-
ity, take any directly related and immediate action required by that
emergency, and procure the necessary equipment, services, and supplies
for those purposes, without .n
givir4 otice for bids to let contracts.
(2) Before a governing body takes any action pursuant to paragraph
(1), it shall make a finding, based on substantial evidence set forth in
the minutes of its meeting, that the emergency will not permit a delay
resulting from a competitive solicitation for bids, and that the action is
necessary to respond to the emergency.
(b)(1) The governing body, by a four -fifths vote, may delegate, by res-
olution or ordinance, to the appropriate county administrative officer,
city manager, chief engineer, or other nonelected agency officer the
authority to order any action pursuant to paragraph (1) of subdivision
(a)
(2) If the public agency has no county administrative officer, city
manager, chief engineer, or other nonelected agency officer, the govern-
ing body, by a four -fifths vote, may delegate to an elected officer the
authority to order any action specified in paragraph (1) of subdivision
(a)..
(3) If a person with authority delegated pursuant to paragraph (1) or
(2) of this section orders any action specified in paragraph (1) of
subdivision (a), that person shall report to the governing body, at its
next meeting required pursuant to this section, the reasons justifying
why the emergency will not permit a delay resulting from a competi-
tive solicitation for bids and why the action is necessary to respond to
the emergency.
(c)(1) If the governing body orders any action specified in subdivision
(a), the governing body shall review the emergency action at its next
420
EMERGENCY CONTRACTING PROCEDURES § 22050
t regularly scheduled meeting and, except as specified below, at every
regularly scheduled meeting thereafter until the action is terminated, to
determine, by a four -fifths vote, that there is a need to continue the
action. If the governing body meets weekly, it may review the emer-
geticy action in accordance with. this paragraph _every. 14 days.
(2) If a person with authority delegated pursuant to subdivision (b)
orders any action specified in paragraph (1) of subdivision (a), the
governing body shall initially review the emergency action not later
than seven days after the action, or at its next regularly scheduled
meeting if that meeting will occur not later than 14 days after the
action, and at least at every regularly scheduled meeting thereafter until
the action is terminated, to determine, by a four -fifths vote, that there
is a need to continue the action, unless a person with authority
delegated pursuant to subdivision (b) has terminated that action prior
I to the governing body reviewing the emergency action and making a
determination pursuant to this subdivision. If the governing body meets
f weekly, it may, after the initial review, review the emergency action in
accordance with this paragraph every 14 days.
(3) When the governing body reviews the emergency action pursuant to
{ paragraph (1) or (2), it shall terminate the action at the earliest possible
• date that conditions warrant so that the remainder of the emergency
action may be completed by giving notice for bids to let contracts.
(d) As used in this section, "public agency" has the same meaning as
defined in Section 22002.
(e) A three -member governing body may take actions pursuant to
subdivision (a), (b), or (c) by a two-thirds vote.
i (1) This section applies only to emergency action taken pursuant to
II Sections 20133, 20168, 20193, 20205.1, 20134, 20168, 20205.1, 20213,
20223, 20233, 20253, 20273, 20283, 20293, 20313, 20331, 20567, 20586,
20604, 20635, 20645, 20685, 20736, 20751.1, 20806, 20812, 20914,
20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031,
21043,21061,21072,21081,21091,21101;21111,21121,21131,21141,
21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231,
21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351,
3 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451,
3 21461, 21472, 21482, 21491, 21501, 215.11, 21521, 21531, 21541, 21552,
21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and
22035.
Added Stats 1994 ch 803 § 88 (An 3348).
•
421
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RESOLUTION NO.94-98
• APPROVAL OF A LICENSE AGREEMENT WITH DUKE POWER, MORRO BAY
FOR USE OF A METAL STORAGE BUILDING LOCATED ON DUKE POWER
PROPERTY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Duke Power, Morro Bay is the owner of property adjacent to the
Fishermen's Gear Storage facility and the metal storage building on said property; and,
WHEREAS, the City of Morro Bay Harbor Department has need for additional
equipment and gear storage; and,
WHEREAS, Duke Power has agreed to enter into a license agreement with the City to
allow the Harbor Department and Coast Guard Station Morro Bay to use the vacant metal storage
building on their property formerly used by the Cal Poly Crew Club, for $1.00 per year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the license agreement between the City of Morro Bay and Duke Power is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor and the City Manager are hereby
authorized to execute said license agreement.
• PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 12' day of October, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
MAP ��.._
11.11 PLUME 1w ,
0
CATHY NOVAK, MAYOR
•
•
LICENSE AGREEMENT
BY AND BETWEEN
DUKE ENERGY MORRO BAY, LLC
EUFBI
THE CITY OF MORRO BAY
C.'0ATAlleaseslcrewbuilding.D0C Page Iof6
•
LICENSE AGREEMENT
This License Agreement ("License") is made as of this day of 1998 by
and between DUKE ENERGY MORRO BAY, LLC ("Licensor"), and the CITY OF MORRO
BAY ("Licensee"). In consideration of the mutual promises contained in this agreement, the
parties agree as follows:
1. LICENSED AREA, CONDITION OF SITE
The licensed area, hereinafter called "Site," shall be the storage building, formerly known as
the "rowing club storage building," located in the northwesterly corner of Duke Energy's
Morro Bay Power Plant
2. USE
Licensee may use the site for storage of equipment subject to the restrictions listed in this
agreement. Licensee is also specifically permitted to sublicense the site, for similar use
subject to the terms of this License, to the United States Coast Guard. The rights of each
parry under this agreement are personal, and licensee may only sublicense the Site subject
to, and as provided by, the terms of this agreement and with Licensor's expressed, written
consent. Nothing in this privilege shall interfere with the rights of the Licensor to sell or lease
all or any part of the Site, at anytime, provided, in such case, Licensor shall give Licensee 30
days advance written notice to vacate.
3. TERM
The term of this License Agreement shall commence on October 1, 1998 ("Commencement
Date") and terminate on September 30, 2000 ("Termination Date") unless heldover as
• outlined in Section 5 herein. Either party may terminate this License Agreement at any time
for any reason upon 30 days written notice to the other party.
4. PAYMENTS
Licensee shall pay to Licensor in lawful money of the United States of America, an annual
payment of One Dollar ($1). The rent for the entire term, $2, is due upon execution and
delivery hereof.
5. HOLDOVER
Any holdover of this License beyond the Termination Date shall be on a month to month
basis terminable on 30 days written notice by either party for any reason. .
6. RESTRICTIONS UPON USE
Licensee agrees that, in connection with the use and operation of the Site, Licensee shall
use the Site only for storage. Furthermore, Licensee agrees that it shall not:
a. Permit any use of the Site or any part thereof in a manner likely to cause injury,
damage or an unsafe condition for the general public or the guests, employees,
agents and contractors of Licensee or Licensor;
b. Permit undue accumulations of garbage, trash, rubbish or any other refuse by the
guests, employees, agents and contractors of Licensee or cause or allow any
circumstances or acts on the Site by the guests, employees, agents and contractors of
Licensee which will result in pollution of nearby sensitive habitat.
C: IDA TA Veaseslcmwbudding.DOC Page 2 of
C. Permit the storage of hazardous materials including, but not limited to, fuel, paint,
solvents, or wet cell batteries.
• d. Permit use of the site for maintenance activities such as sandblasting (or other paint
removal), painting or mechanized equipment repair.
e. Permit any use of the Site by the guests, employees, agents and contractors of
Licensee which will cause a cancellation of any insurance policy covering the Site, or
any part thereof, or any building or improvements thereon, any activity by the guests,
employees, agents and contractors of Licensee which may be prohibited by any
insurance policies covering the Site, said buildings or improvements.
f. Install security devices that prevent reasonable access to the Site by the Licensor.
Permit any use of the site which interferes in any way with the operation of Duke
Energy's Morro Bay Power Plant.
7. GOVERNMENTAL REQUIREMENTS
Licensee shall at all times comply with and shall pay all costs and expenses which may be
incurred or required to be paid in order to comply with any and all laws, statutes, ordinances,
which govern, apply to or are promulgated with respect to the operation and use of the Site
by Licensee in connection with its business; provided, however, that Licensee may cease to
operate and use the Site at any time and, in such case, Licensee shall have no future
obligation to comply or pay such costs and expenses of compliance except to the extent that
Licensee's use of said Site creates ongoing costs and expenses such as environmental
remediation. So long as Licensee continues to operate and use the Site, Licensee shall
• comply with each and every requirement of all policies of public liability insurance which
Licensee is required to have in force with respect to the Site. The judgment of any court of
competent jurisdiction or the admission of Licensee in any action or proceeding against it,
whether Licensor be a party thereto or not, that Licensee has violated any such ordinance or
statute in the use of the Site shall be conclusive of that fact as. between Licensor and
Licensee.
8. ADDITIONAL ALTERATIONS AND REPAIRS
Prior to making any alterations to the Site, Licensee shall obtain the approval of the Licensor.
In addition Licensee will obtain any and all required permits; approvals or authorizations
required by all governmental agencies for the proposed alterations or repairs.
9. ASSIGNMENT AND SUBLICENSING
The Licensee may sublicense all or a portion of the site through a written agreement with the
sublicensing parry. A copy of said agreement must be provided to, and approved by, the
Licensor prior to commencement of the sublicense agreement. The terms of any such
sublicense agreement shall be subject to and no less restrictive than the terms of this
License Agreement.
10. INSURANCE
Licensee shall indemnify and hold Licensor and the property of Licensor, including said Site
and any buildings or improvements now or hereafter on said Site, free and harmless from
any and all liability, claims, loss, damages, or expenses resulting from Licensee's occupation
and use of said Site, specifically including, without limitation, any liability, claim, loss,
• damage, or expense arising by reason of:
C.- WA TA IIewealcmwbuilding.DOC Page 3 of
(a) The death or injury of any person who is a guest, employee, agent or contractor of
Licensee, or by reason of the damage to or destruction of any property, owned by
• Licensee or by any person who is a guest, employee, agent or contractor of Licensee,
from any cause whatever while such person or property Is in or on said Site or in any
way connected with said Site or with any of the improvements or personal property on
said Site;
(b) The death or injury of any person who is a guest, employee, agent or contractor of
Licensee, or by reason of the damage to or destruction of any property, including
property. owned by Licensee or any person who is a guest, employee, agent or
contractor of Licensee, caused or allegedly caused by either (i) the condition of said
Site or some building or improvement on said Site, including the condition of ingress
or egress from said site, or (ii) some act or omission on said Site of Licensee or any
person in, on, or about said Site with or without the permission and consent of
Licensee;
(c) Any work performed on said Site or materials furnished to said Site at the instance or
request of Licensee or any person or entity acting for or on behalf of Licensee; or
(d) Licensee's failure to perform any provision of this License or to comply with any
requirement of law or any requirement imposed on Licensee or said Site by any duly
authorized governmental agency or political subdivision.
Licensee shall, at Licensee's own cost and expense, maintain during the entire License
Term, a broad form commercial general liability insurance policy or policies —or the
equivalent self -insurance —which insure(s) Licensee's public liability, property damage and
• business automobile exposures with the combined single limit of not less than $1,000,000.00
issued by an insurance company acceptable to Licensor and authorized to issue liability
insurance in California, and which shall list Licensor as a named additional insured, without
offset to Licensor's policies as respects all operations of Licensee.
Licensee shall within ten (10) days after the execution of this License and promptly thereafter
when any such policy is replaced, rewritten, or renewed, deliver to Licensor a true and
correct copy of a certificate executed by the insurance company or companies or their
authorized agent evidencing such policy or policies and an endorsement to the policy naming
the Duke Energy Morro Bay, LLC as additional insured.
Each insurance policy required by this License 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 Licensor in the manner required by
this License for service of notices on Licensor by Licensee.
11. HOLD HARMLESS
Licensee agrees to investigate, defend, indemnify and hold harmless Licensor, its employees
and agents, from and against any and all losses, damage, liability, claims, demands,
detriments, costs, charges and expenses (including attorney's fees) and causes of action
whatsoever character, which the Licensor may incur due to the negligence or willful
misconduct of Licensee or its guests, employees, agents and contractors.
12. DESTRUCTION
• This License shall remain in full force and effect, including Licensee's obligation to make
payments, in all events of destruction to the Site, unless otherwise modified or terminated by
the mutual written agreement of the Licensor and Licensee.
C: IDATA llea eslcrewbuilding.DOC Page 4 of
13. DEFAULT
• In the event that Licensee shall fail to perform any agreement, covenant or condition set forth
in this License Agreement, the License Agreement may be terminated upon thirty days
written notice from Licensor.
14. NOTICES
If at any time after the execution of this License, it shall become necessary or convenient for
one of the parties hereto to serve any notice, demand or communication upon the other
party, such notice, demand or communication shall be in writing and shall be served
personally or by depositing the same in the registered or certified United States mail, return
receipt requested, postage prepaid and (1) if intended for Licensor shall be addressed to:
Plant Manager
Duke Energy Morro Bay
P.O. Box 1737
Morro Bay, CA 93443-1737
and (2) if intended for Licensee shall be addressed to:
Harbor Director
City of Morro Bay
1275 Embarcadero
Morro Bay, CA 93442
or to such other address as either party may have furnished to the other in writing as a place
for the service of notice. Any notice so mailed shall be deemed to have been given as of the
• time the same is deposited in the United States mail.
15. MISCELLANEOUS
a. In case any one or more of the provisions contained in this License shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this License, but this
License Agreement shall be construed as if such invalid, illegal or unenforceable
provisions had not been contained herein.
b. Nothing in this License Agreement shall be construed to create any duty to, any
standard of care with reference to, or any liability to anyone not a party, except as
otherwise expressly provided herein.
C. The words "Licensor" and "Licensee" as used herein shall include a corporation and
include the plural as well as the singular. Words used in the masculine gender include
the feminine and neuter. If there be more than one Licensor and Licensee, the
obligations hereunder imposed upon Licensor and Licensee shall be joint and several.
Time is of the essence of each and all of the agreements, covenants and conditions of
this License.
e. This License shall be interpreted in accordance with and governed by the laws of the
State of California. The language in all parts of this License shall be, in all cases,
• construed according to its fair meaning and not strictly for or against Licensor or
Licensee.
C. DATAVeweskmwbudding.DOC Page 5 of 6
f. This License constitutes the entire agreement between Licensor and Licensee with
respect to the subject matter hereof and supersedes all prior offers and negotiations,
• oral and written. This License may not be amended or modified in any respect
whatsoever except by an instrument in writing signed by Licensor and Licensee.
•
.0
IN WITNESS WHEREOF, Licensor and Licensee have executed this License Agreement by
proper persons thereunto duly authorized as of the date first hereinabove written.
Licensee
CITY OF MORRO BAY
By �i r
Cathy N ak, Mayor.
David Cole,
Licensor
DUKE ENERGY MORRO BAY, LLC
29
Steven C. Goschke
Plant Manager
C., WA TA Ifeaseslcmwbudding.DOC Page 6of6
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EXHIBIT "A'
• RESOLUTION NO.93-98
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY AUTHORIZING THE MORRO BAY POLICE
DEPARTMENT TO PARTICIPATE IN A MULTI -AGENCY
DUI ENFORCEMENT TASK FORCE AND EDUCATION GRANT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the California Highway Patrol has applied for an Office of Traffic Safety grant
for the creation of a multi -agency DUI enforcement program; and
WHEREAS, the grant includes participation by the Police Department's of Arroyo Grande,
Atascadero, Pismo Beach, San Luis Obispo, Grover Beach, Morro Bay, Paso Robles, Cal Poly State
University, and the Sheriffs Department of San Luis Obispo, and California State Parks and
Recreation; and
WHEREAS, the grant fully funds the overtime costs and participation of Morro Bay Police
Department personnel; and
WHEREAS, the participation of all the agencies will enhance public safety in the entire San
• Luis Obispo County area based upon a reduction in DUI related traffic accidents;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay,
California, authorizes the City of Morro Bay Police Department to participate in the grant known as
SLOCOPS and authorizes the Chief of Police to sign the participation agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 12th day of October, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
CATHY NO AK, Mayor
ATTEST:
BRIDGEltBAUER, City Clerk
• RESOLUTION NO. 92-98
A RESOLUTION OF THE CITY OF MORRO BAY RATIFYING THE JOINT POWERS
AGREEMENT FOR THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the San Luis Obispo Regional Transit Authority was created by a Joint Powers
Agreement between the Cities and County of San Luis Obispo; and
WHEREAS, any amendments require ratification by member agencies; and
WHEREAS, the San Luis Obispo Regional Transit Authority Board on September 2, 1998
approved minor clean-up and clarifying amendments for ratification by member agencies.
NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council does
hereby ratify the San Luis Obispo Regional Transit Authority Joint Powers Agreement attached
hereto as Exhibit A and incorporated herein by reference, and authorize the Mayor to execute said
• agreement, and forward it to the San Luis Obispo Regional Transit Authority.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 12th day of October 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
.6tA14A
BRIDGETT "UER, City Clerk
0
9, f3
CATHY NOVAK, Mayor
EXHIBIT A
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY
• JOINT POWERS AGREEMENT
WITNESSETH:
This Agreement is made and entered into this 9'" day of March, 1990, and amended on
, 1998, by and among the incorporated cities of Arroyo Grande, Atascadero, El
Paso de Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo, all being
municipal corporations in the County of San Luis Obispo, California (hereinafter called "Cities")
and the County of San Luis Obispo, a body politic and corporate, and a subdivision of the State
of California, (hereinafter called "County")
WHEREAS,_ Section 6500 et seq of the California Government Code (Title 1, Div. 7,
Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly
exercise any power common to the contracting parties, subject to certain mandatory provisions
contained therein; and
WHEREAS, the Cities and County have previously entered into a joint powers agreement
for the formation of the San Luis Obispo Council of Governments for the purpose of providing,
among other things, for a regional transportation agency; and
WHEREAS, the San Luis Obispo Council of Governments, at a regularly held meeting on
isMay 10, 1989, voted to consolidate the administration of several transportation systems through
a regional transit joint powers agreement.
NOW THEREFORE, it is agreed as follows:
ARTICLE I
General Provisions
Section 1. Purpose: The purpose of this Agreement is to exercise the common powers of
the member agencies for the formation of Joint Powers Agreement with full power and authority
to own, operate and administer a county -wide public transportation system within the boundaries
and over the territory over which the Joint Powers Agency has jurisdiction.
Section 2. Name: The official name of the entity shall be San Luis Obispo Regional
Transit Authority and hereafter referred to as SLORTA.
ARTICLE II
Organization
is Section 1. Board Members: The membership of the SLORTA Governing Board, shall be
the same as the membership of the San Luis Obispo Council of Governments (hereinafter
referred to as SLOCOG).
Section 2. Board Meetings - Voting - Quorum: Regular meetings shall be generally held
SLORTA RA
in the first week of July, September, November, January, March and May or as specified in a
• biannually adopted meeting calendar. Special meetings may be called by the President or upon
written request of at least three (3) members of the SLORTA Board.
Voting and quorum provisions shall be the same as those provided in the SLOCOG Joint
Powers Agreement.
Section 3. Officers: The officers of SLOCOG shall serve as officers of the Transit
Authority -
Section 4. Manager: The SLORTA Board shall designate a Regional Transit Manager to
operate SLORTA. The manager shall serve at the pleasure of SLORTA Board, with delegated
powers to certify documents of the SLORTA Board as required by the law and to assume such
duties and responsibilities as the Board may direct.
Section S. Members:
1. The County of San Luis Obispo and all cities incorporated in the County of San Luis
Obispo presently or in the future, are declared eligible for membership.
2. Membership shall be contingent upon the execution of this Joint Powers
Agreement.
Section 6. Boundaries and Service Levels: The service area boundaries shall be all of the
area within the boundaries of San Luis Obispo County as designated by the SLORTA Board.
• Any additional services beyond the level recommended by the Regional Transportation Plan or
mandated in the Unmet Transit Needs Hearing (PUC Section 99401.5) may be instituted, but
shall require unanimous approval of affected jurisdictions, with costs for the extra service to be
distributed on the basis of formula developed by the SLORTA Board members representing the
affected jurisdictions.
Section 7. Committees:
Committees and subcommittees may be established as SLORTA may deem
appropriate.
2. Membership on "ad -Hoc" policy committees shall be at the discretion of the
President Nothing herein shall be construed to limit membership on these aforesaid committees
to officials of the member agencies. The President may appoint any individual deemed qualified
to serve on a committee.
3. Standing committees shall include the:
a. Regional Transit Advisory Committee (RTAC) serving as a Regional Transit
Productivity Committee to advise the Board on the efficiency and effectiveness of
the transit system.
b. An Executive Committee comprised of the President, Vice President and the
past President and at least one representatives from the county of San Luis Obispo
• (if none of the above) shall advise the Transit Manager and SLORTA on: draft
agendas, personnel issues, budget and Overall Work Program; controversial,
sensitive and major policy issues; and shall facilitate the annual performance
evaluation of the Regional Transit Manager. Items for review shall be selected by
SLORTAPA 2
EXHIBIT A
the Transit Manager in consultation with the President. All Committee members
• may include agenda items as they desire. For purposes of conducting business,
two members shall constitute a quorum.
4. No committee shall commit SLORTA on any matter or questions of policy. Such
matters or questions can only be decided by SLORTA.
5. All committees shall receive clerical assistance from SLORTA staff and, by
agreement, SLOCOG staff for the purpose of maintaining minutes of meetings and other such
duties as the Transit Manager may direct. The chair of each committee shall sign the original
copy of the minutes indicating verification of contents upon committee adoption. Copies of
minutes of all meetings shall be sent to members of SLORTA and the Transit Manager.
ARTICLE III
Financial Provisions
Section 1. Budget: The Regional Transit Manager shall prepare an annual budget for
Transit Authority adoption prior to commencement of each fiscal year. The approval of the
Annual Budget shall be in accordance with those procedures prescribed by the Joint Powers
Agreement of SLOCOG.
Accounting practices to be applied will: conform with those used by San Luis Obispo
County, consistent with Transportation Development Act rules and regulations.
• A Consolidated Fund balance and cash balance will carry forward from one year to the
next.
The budget may additionally carry funds for future fiscal years where necessary to
develop a multi -year Capital Improvement Program and to reflect obligations under state of
federal funding agreements, to the extent allowable by California law.
No member Agency shall be required to expend any of its general fund monies to support
the operations of the Transit Authority. The operation of the transit system shall be funded from
revenues derived from operations, member Transportation Development Act fund contributions,
grants, and any other appropriate revenue sources. Each member agency shall make an annual
contribution to the Transit Authority in accordance with the adopted budget.
Any formula may be amended upon approval of all jurisdictions affected by that formula
and ratified by the Transit Authority.
All population percentages utilized shall be those annually adopted by SLOCOG for
allocating Transportation Development Act Funds based annually on estimates prepared by the
State Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code for
cities and by the County Planning Department for unincorporated communities.
Section 2. Expenditures: The Transit Authority may establish procedures and policies to
insure competitive prices for the purchases of goods and services. Formal bidding shall not be
isrequired unless directed specifically by the Transit Authority or unless required by state or federal
law. Particularly in the purchase of equipment, including buses, the Transit Authority may
consider the design, maintenance and operating costs, and other similar factors in determining
the most suitable equipment and need not purchase equipment having the lowest initial cost.
SLORTA ]PA 3
EXHIBIT A
• Section 3. Treasurer and Auditor: Pursuant to Government Code Section 6505.5, the
Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of the Transit
Authority. The Treasurer shall have the powers and duties set forth in Government Code Section
6505.5. The Auditor/Controller of the County of San Luis Obispo is designated as the Auditor of
this Transit Authority pursuant to Government Code Section 6505.5.
Section 4. Annual Audit: The Transit Authority shall cause an annual audit to be prepared
and filed -in accordance with Government Code Section 6505 and Public Utilities Code Section
99245.
Section 5. Annual Report: The Regional Transit Manager shall prepare and submit an
annual report of the operations to the Transit Authority, SLOCOG, and State Controller within 90
days of the end of the fiscal year pursuant to Public Utilities Code, Section 99243.
Section 6. Periodic Reporting: The Transit Authority may require periodic reporting of
ridership, finances, or other information. It shall be the responsibility of the Regional Transit
Manager and Contractor (if appropriate) to provide such reports in a form acceptable to the
Transit Authority.
ARTICLE IV
Authority
• Section I. Powers: The Transit Authority shall have all Powers necessary to carry out the
purpose of this Agreement, except the power to tax. Its power to expend funds shall be limited
only by the availability of funds as set forth in ARTICLE III: Finances, Section 1. The Powers of
the Transit Authority specifically include, but are not limited to, the following:
a. To solicit bids and negotiate contracts from private enterprise for services and/or
operation.
b. To sue or be sued.
C. To employ agents, employees and contract for professional services.
d. To make and enter contracts including labor and employment contracts.
e. To acquire, convey, construct, manage, maintain and operate necessary
equipment, building and improvements.
f. To acquire and convey real and personal property.
g- To incur debts, liabilities and obligations of financial assistance from State and
Federal agencies and to obligate the Transit Authority to operate the improvements, equipment
or transportation system in accordance with the terms and conditions of said financial assistance.
Section 2. Transit Authority is a Public, Legal Entity: The Transit Authority is a public
• entity duly formed and existing under the laws of the State of California. It is a separate and
distinct legal entity from its member agencies. The debts, duties and obligations created
pursuant to this Agreement, shall be solely the obligations of the Transit Authority and not those
of its officers, employees, members of the Board of Directors or the member agencies.
SLORTA RA
1*4104,36al
CITY OF PISMO BEACH
• By:
Mayor
•
•
Clerk
CITY OF SAN LUIS OBISPO
By:
Mayor
Clerk
COUNTY OF SAN LUIS OBISPO
By:
Chair
APPROVED AS TO FORM AND LEGAL EFFECT:
JAC CRAWFORD
Legal Counsel
Legal Counsel
Dated:
Adopted by SLORTA 1998
Date:
Resolution No.
Date:
Resolution No.
Date:
Resolution No.
SLORTA RA
7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
• hereinabove written.
CITY OF ARROYO GRANDE
Date:
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
Mayor
Resolution No.
Clerk
CITY OF GROVER BEACH
By: Date:
• Mayor
Resolution No.
Clerk
•
CITY OF MORRO BAY
Mayor
"4kr;D
CITY OF PASO ROBLES
By:
Mayor
Clerk
Date: I o 1-2
Resolution No. q2- qo
Date:
Resolution No.
SLORTA1PA
6
• ARTICLE V
Miscellaneous Provisions
Section 1. Withdrawal of Member. A withdrawing member's financial obligation under this
Section is limited to the withdrawing members pro-rata share of the currently adopted operating
budget based upon ARTICLE III, Section 1 within the service area of the obligated commitments
affecting the withdrawing member and any SLOCOG's finding as to unmet transit needs that are
reasonable to meet pursuant to Public Utilities Code Section 99401.5.
Section 2. Amendment of Agreement:. No amendment to this Agreement shall be made
without the consent of all member agencies at the time of the amendment.
Section 3. Ratification - Effective Date: This Agreement shall be deemed effective as to
those parties executing this agreement upon their execution of the agreement.
Section 4. Assignability: In the event it is deemed in the best public interest to have the
Transit Authority operated by another individual or entity, whether public or private, and provided
that the assignment complies with State and Federal laws, the agency on affirmative vote of the
majority in accordance with Section 2 of ARTICLE II, may sell, lease or assign all of its real and
personal property and cease operations upon such terms and conditions as the Transit Authority
determines to be reasonable.
• Section 5. Termination: This Agreement shall continue in full force and effect until
rescinded by a majority of the member agencies.
•
. Section 6. Notification to Secretary of State: Pursuant to Government Code Section
6503.5, the Transit Authority shall cause a notice of the execution of this Agreement to be
prepared and filed with the Office of the Secretary of the State of California, within thirty (30)
days after the effective date of any amendment to this Agreement. Until such filings are
completed, the Transit Authority shall not incur indebtedness of any kind.
SLORTA RA
RESOLUTION NO.91-98
A RESOLUTION OF THE CITY OF MORRO BAY RATIFYING THE JOINT POWERS
AGREEMENT FOR THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the San Luis Obispo Council of Governments was created by a Joint Powers
Agreement between the Cities and County of San Luis Obispo; and
WHEREAS, any amendments require ratification by member agencies; and
WHEREAS, the San Luis Obispo Council of Governments Board on August 5, 1998
approved minor clean-up and clarifying amendments for ratification by member agencies.
NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council does
hereby ratify the San Luis Obispo Council of Governments Joint Powers Agreement attached hereto
as Exhibit A and incorporated herein by reference, and authorize the Mayor to execute said
• agreement, and forward it to the San Luis Obispo Council of Governments.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 12th day of October 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
CATHY NO AK, Mayor
ATTEST:
BRIDGETT 6AUER, City Clerk
EXHIBIT A
San Luis Obispo Concil of-Gove'rnmen_ts
Artoyo Grande
: Regional Transportation Planning Agency Amswdero
• .. _ Grover Beach
Metropolitan Planning Organization • Moriai Bar
Paso Robles
Census Data Affiliate Plemc Bauch
San Luis Obispo
RdnablyDeCa�pi :. Eseu,i�ive Di,ecn+r Service Authority for Freeways and Expressways San Luis Obispo county
JOINT POWERS AGREEMENT
OF THE
SAN LUIS.OBISPO COUNCIL OF GOVERNMENTS
WITNESSETH: .
THIS -JOINT POWERS AGREEMENT is made and entered into this 17,th day of January,
1976; and amended on: Novemlier4, 1982, September.19; .1984; July 19, 1990, June:10; 1992,
June 2, 1993, June:8, 199% and August 5, 1998 by,and among.such, ofahe:incorporated cities of
Arroyo Grande, Atascadero;. EI Paso de'. Robles,. Grover; Beach, •Morro Bay, Pismo Beach, and
San Luis°Obispo; all be municipal corporations of the State.of.Califomia and located within.
boundaries: of the.. of'San Luis Obispo,, Califomia, as rriay `execuie this:Agreement,
hereinafter called "CITIES;" and the:County of San Luis Obispo, a body,politic'and corporate and,
a subdivision •of the State of California, hereinafter called "COUNTY;'.as follows:: .
WHEREAS; Section 6500 et seq.: of the. Califomia Government, Code (Title 1 Division 7,
Chapter .51'Artide 1) providesfior agreements 'between two or more public .agencies to ,jointly
exercise any power common to the contrac'Ung parties subject to certain. mandatory provlslons
contained: therein; and
WHEREAS,'the City of San Luis Oblspo.by. virtue of its charter, and the other Incorporated
cities in.the:County; parties, hereto, by virtue of.Sections.656010 through 656K indusiye; of the.
Califomia Govemment'Code. have the joint and mutual power to create an area. planning. council; ,
and
.-WHEREAS, COUNTY. AND CITIES did, in .1966; jointly •execute, an 'agreement
establishing such a pianning:'council and now -wish to amend and supersede `the same;: and
WHEREAS, Section 29532_Cal'rfomia Govemment:Coder provides.thatsuch a. Planning
anti Coordinating Coundl .shall be designated.; the Regional Transportation Plannng :Agency
(RTPA) to act Immattefs of transit and transpoitation planning, and
WHEREAS,. it' Is desirable. that, a single:agency be created by .and with the consent of
CITIES,and'COuNTY to advise plan.for,.and suggest:'solutions to.. common problems; assist 1n
the preparation of `plans end .programs'by utilizing planning talents and 'general .plans of the,
various:.govemmental.jurisdictions m'_the, County and ,of experts in'vanaus other: fields and to
,coordinate their eff. orts;'and
WHEREAS,, creation ofsuch an agency and action .by it upowdertain plans and programs.
is necessary to ctlmpI with requirements' of federal and'.state. legislation 1n order to.partiGpate. in
the allocation and disbursement of state and federal funds which may be de"sired by :.COUNTY;
• and CITIES In the implementation of pians and: programs.whlch have been:approved by their
respeave;governing bodies
NOW, THEREFORE, it is agreed as follows _
1.I50.OsosS'treet, Ste. 202, San Luis Obispo, CA 93401 * Tel. ;($05).781-4219 :Fax:.(805) 781=5703
SLOCOG JOINT POWERS AGREEMENT
EXHIBIT A
PAGE NO.2
•
I. PURPOSE
The member cities and county have joined together to establish the San Luis Obispo
Council of Governments for the following purposes:
1. As a Regional Agency, address issues of mutual concern to the county and the cities in
the San Luis Obispo region, and satisfy federal and state planning and programming mandates.
2. Provide a forum for planning, discussion, and study of areawide issues; prepare and adopt
regional plans and programs; serve as the regional agency for federal and state programs and
funding opportunities; and address other areawide issues based on the desires of the member
jurisdictions.
3. Represent member jurisdictions as planner, programmer, and broker in developing an
efficient and effective multi -modal transportation system that provides for the mobility needs of
people, goods, and services while protecting the environment.
4. Maximize state and federal funding and facilitate the development, coordination, and
implementation of local, and regional transportation programs to improve mobility and air quality.
Establish and operate a call box program in the County.
These purposes are to be achieved through the following methods:
• 1. Administer the Joint Powers Agency (JPA) as the Council of Governments (COG), the
Metropolitan Planning Organization (MPO), the Regional Transportation Planning Agency (RTPA),
and the Service Authority for Freeways and Expressways (SAFE) for San Luis Obispo County.
2. Allocate applicable federal, state, and local transportation funds to member jurisdictions
consistent with appropriate federal and state statutes, policies, and regulations, and adopted
board policies and criteria.
3. Conduct a continuous, cooperative, and comprehensive inter -modal transportation
planning and project programming process that satisfies federal and state requirements.
4. Facilitate and monitor the assessment, coordination, funding, utilization, and improvement
of an effective and .efficient inter -modal transportation system that satisfies the existing and
projected mobility needs of the region.
5. Develop and operate a Countywide call box system in coordination and cooperation with
the California Highway Patrol (CHP) and the California Department of Transportation
(CALTRANS).
6. Serve as the Regional Census Data affiliate to analyze and disseminate socio-economic
and demographic data for integration into local and regional studies and plans.
7. Discuss and study area -wide problems of mutual interest and concern to the cities and •
county and facilitate the development of policies and action recommendations for the solution of
such problems.
EXHIBIT A
SLOCOG JOINT POWERS AGREEMENT PAGE NO.3
• II. ESTABLISHMENT OF THE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS (SLOCOG)
Upon the effective date of this agreement the parties hereto reaffirm the establishment of
the San Luis Obispo Council of Governments hereinafter, SLOCOG, a separate and distinct
public entity, as the agent to exercise the common powers provided for in this Agreement, and to
administer or otherwise execute this Agreement.
When originally established, SLOCOG was known as the San Luis Obispo County and
Cities Area Planning and Coordinating Council, subsequently renamed respectively: the San Luis
Obispo Council of Governments (SLOCOG), the San Luis Obispo Area Coordinating Council
(SLOACC), and back to SLOCOG. SLOCOG, as successor entity to the original COG
established in 1968, insofar as its predecessor entity has been designated, and insofar as legally
authorized shall function as:
1. An Area Wide Planning Organization (APO), as designated by the U. S. Department of
Housing and County Development (HUD);
2. A Council of Governments (COG), as designated by the Governor of the State of
California;
3. A Regional Transportation Planning Agency (RTPA) as designated by the Secretary of
Business and Transportation Agency of the State of California;
• 4. A Metropolitan Planning Organization (MPO) as designated by the U. S. Department of
Transportation; and
5. A Service Authority for Freeways and Expressways (SAFE) as designated by the County
of San Luis Obispo and a majority of cities with a majority of population.
6.- A Census Data Affiliate as designated by the U.S. Bureau of the Census.
III. POWERS
The San Luis Obispo Council of Governments hereinafter called "SLOCOG," is hereby
created as a voluntary agency pursuant to applicable provisions of the California Government
Code with the power to carry out the purposes hereinabove stated and to implement the approved
annual work program, including the power to: contract for goods and services; provide for
employment of necessary personnel, experts and consultants; accept gifts, loans, and grants;
acquire, hold and convey real and personal property; incur debts, obligations and liabilities; sue
and be sued; and administer the affairs of SLOCOG hereby created in accordance with this
Agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby declared by
COUNTY and CITIES that the debts, liabilities and obligations of the SLOCOG shall not be the
• debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise
provided herein.
EXHIBIT A
SLOCOG JOINT POWERS AGREEMENT PAGE NO.4
• IV. MEMBERSHIP
1. Membership in SLOCOG shall be voluntary, but only the County of San Luis Obispo and
all cities incorporated in the County of San Luis Obispo presently or in the future, are declared
eligible for membership in SLOCOG.
2. Representatives of the COUNTY and CITIES shall be appointed to serve on SLOCOG in
accordance with procedures established by each of the governing bodies of the member
agencies. Delegates to SLOCOG, referred to as "Board Members", shall consist of the five
members of the Board of Supervisors of the County of San Luis Obispo from time to time in office
and of one member from the governing body of each incorporated city within the boundaries of
the County of San Luis Obispo which is a party to this Agreement, with each incorporated area
being limited to one representative.
Representatives shall serve so long as they hold office with their member agency or until they
shall resign or be removed by a majority vote of their respective governing bodies. Vacancies
among representatives shall be filled in the same manner as the first appointment.
The Director of the California Department of Transportation, District 5, or his/her appointee, may
sit as an ex offca member of the Board. He or she shall receive all meeting notices and
agendas, have the right to participate in Board discussions, and have the right to request matters
on the agenda, but shall not be counted towards.a quorum of the Board and shall have no vote.
r
3. Member city agencies may elect to have an alternate member(s) from their city council in
• addition to any official member, but said altemate(s) shall be able to vote only in the absence of
the official representative.
4. Designation of the official representative or altemate(s), or changes thereto, shall be
transmitted in writing to the Executive Director of SLOCOG by the appointing city.
5. In addition to the incorporated cities presently a party to this Agreement, any other city
which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and
which may desire to participate in the activities of the SLOCOG may do so by executing this
Agreement without prior approval or ratification of the named parties to this Agreement and shall
thereafter be governed by all the terms and provisions of this Agreement as of the date of
execution.
6. Membership shall be contingent upon the execution of this Joint Powers Agreement.
V. OPERATION
1. The powers of SLOCOG are advisory to the member agencies which execute this
Agreement except for those actions mandated by . state or federal law for the processing of
applications submitted by any of the member agencies for federal and state grants or funds which
require action by SLOCOG. Nothing herein shall be construed to limit in any manner the power of
• any of the parties to initiate and complete a local project within their respective jurisdictions with
their own funds. It is understood, however, that the recommendations of SLOCOG may have the
effect of precluding any favorable action by an agency of the state or federal government in
support of such a project if other than local financing is sought, as determined by the respective
state or federal agency under law, regulations and policies applicable to them.
EXHIBIT A
SLOCOG JOINT POWERS AGREEMENT PAGE NO.5
• 2. Except as otherwise provided herein, there shall be no costs incurred by SLOCOG
pursuant hereto, other than expenses of its members, which are to be borne by their respective
entities, and the cost of services by the officers and personnel of the respective entities to said
SLOCOG, upon approval of such services by the governing bodies hereof, shall likewise be borne
by the respective entities.
All -costs incurred by SLOCOG performing functions as the MPO and RTPA for San Luis
Obispo County as designated by the State shall be paid out of the transportation fund established
pursuant to Section 29530, et seq., Government Code as provided for therein, and State and
Federal planning funds.
All costs incurred by SLOCOG performing functions as the SAFE for San Luis Obispo
County, as designated by adopted local resolutions, shall be paid out of the SAFE fund
established pursuant to Section 2550, of the Streets and Highway Code as provided for therein.
3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary operation of
SLOCOG, including but not limited to salaries, office space, furniture, and services and supplies
shall be set forth in the budget as part of the annual work program of. SLOCOG and shall be
funded from designated funds as approved by SLOCOG and applicable state and federal
agencies. Extraordinary costs as recommended by SLOCOG shall be borne by contributions
from the member entities as approved by their governing bodies.
Costs of all other extraordinary activities undertaken by SLOCOG as the Areawide
• Planning Organization shall be set forth in the budget as part of the annual work program and
shall be funded from contributions from member entities as approved by their governing boards or
from designated funds as approved by SLOCOG and/or applicable state and federal agencies.
4. The annual work program and budget, when adopted, shall be the basis for operation of
SLOCOG for the fiscal year. Any deviation from the work program affecting the budget shall be
approved by SLOCOG. Any extraordinary costs which have not been funded as part of the COG,
MPO, RTPA and SAFE budget requiring local contributions, shall be returned to the member
agencies for approval.
5. For purposes of conducting business, there shall be present a quorum consisting of a
majority of representatives, including one (1) COUNTY representative. No action shall be
effective without the affirmative votes of a majority of those present. However, eight (8)
affirmative votes shall be required for taking any action in the event any agency demands such a
vote. The representatives to SLOCOG shall adopt such procedures as are consistent with this
Agreement and necessary to conduct the business of SLOCOG in an orderly manner.
VI. OFFICERS
1. Officers. The officers of SLOCOG shall consist of a President and Vice President elected
for a term of one year by a majority vote of member agency representatives to SLOCOG.
• 2. Both the President and Vice -President of SLOCOG shall be elected at the January
meeting.
3. The officers shall serve until their successors are elected.
EXHIBIT A
SLOCOG JOINT POWERS AGREEMENT PAGE NO.6
• 4. The duties of the officers shall be as follows:
a. President:
1) Shall preside over all meetings of SLOCOG and the Executive Committee as
Chairperson.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities of said SLOCOG.
4) Shall bean ex-officio member of all committees.
5) Shall execute all contracts and legal documents on behalf of SLOCOG.
b. Vice -President:
1) Shall serve as President Pro -tern (delegated to temporarily serve as chair) in the
absence of the President.
2) Shall give whatever aid is necessary to the President in administering SLOCOG.
3) Shall be an ex-officio member of all committees.
5. In the event of a vacancy occurring in the office of either the President or Vice -President
upon said officer's death, resignation, removal or his/her ceasing to be an official representative of
a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the
SLOCOG with the officer elected to serve for the. balance of the unexpired term.
• VII. PERSONNEL AND SERVICES
1. Executive Director. The Executive Director shall be selected by, and shall serve at the
pleasure of and upon the terms prescribed by the SLOCOG Board. The powers and the duties of
the Executive Director are to:
a. Serve as the chief administrative officer for SLOCOG and to be responsible to
SLOCOG for the administration of all SLOCOG affairs.
b. Supervise and direct the preparation of the annual work program and budget to
SLOCOG and be responsible for its implementation after adoption by SLOCOG.
c. Attend meetings of SLOCOG Board and act as Secretary to the SLOCOG Board.
d. Disburse all funds in accordance with the policies of the County -Treasurer and the
County Auditor/Controller and the budget and work program adopted by SLOCOG.
e. Prepare and submit to SLOCOG periodic financial reports and prepare a written year
end report reflecting activities of the preceding fiscal year, said year end report to be
distributed to each of the participating member bodies.
f. Appoint, supervise, suspend, discipline, or remove SLOCOG employees subject to
• policies and procedures adopted by SLOCOG.
g. Maintain a record of all financial transactions, correspondence and reports of
SLOCOG.
EXHIBIT A
PAGE NO.7
SLOCOG JOINT POWERS AGREEMENT
• h. Contract and assure completion of an annual fiscal audit of SLOCOG and a triennial
performance audit of SLOCOG.
i. Perform such other duties as SLOCOG may require in carrying out the policies and
direction of SLOCOG Board.
j. - Maintain custody and control of all property of SLOCOG, other than monies and
securities.
2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as legal
counsel at the pleasure of SLOCOG Board and shall be reimbursed for services rendered.
3. Treasurer. The Treasurer of the County of San Luis Obispo shall be the Treasurer of the
SLOCOG.
Treasurer shall:
a. Receive and receipt all money of SLOCOG and place it in the treasury of San Luis
Obispo County to the credit of SLOCOG.
b. Be responsible for the safekeeping and disbursement of all SLOCOG money held by
him/her.
• c. Pay any sums due from SLOCOG, from SLOCOG'S funds held by him/her or any
portion thereof, upon warrants of the SLOCOG controller designated herein.
d. Verify and report in writing as soon as possible after the first day of July, October,
January, and April of each year to SLOCOG the amounts of onies he/she holds for
SLOCOG, the amount of receipts since his/her last report, and any interest accrued to
those funds.
e. Invest funds.
SLOCOG shall reimburse the Treasurer for the actual cost of services rendered.
4. Controller. The Auditor -Controller of the County of San Luis Obispo shall serve as the
Controller at the pleasure of the SLOCOG Board and shall be reimbursed for services
rendered.
The Controller shall:
a. Draw warrants to pay demands against SLOCOG when the demands have been
approved by the COG Board and/or the COG Executive Director. He/She shall be
responsible on his/her official bond for his/her approval of disbursement of SLOCOG
money.
• b. Keep and maintain records and books of account under the custody of the Controller
on the basis of generally accepted accounting practices.
EXHIBIT A
SLOCOG JOINT POWERS AGREEMENT
PAGE No. 8
• c. Make available all such financial records of SLOCOG to a certified public accountant
or public accountant contracted by SLOCOG to make an annual audit of the accounts
and records of SLOCOG. The minimum requirements of the audit shall be those
prescribed by the State Controller for special districts under Section 26909 of the
Government Code and shall conform to generally accepted auditing standards.
SLOCOG shall reimburse the Auditor/Controller for the cost of services rendered.
5. Bond Requirements
a. The Executive Director and such other employees of SLOCOG as may be designated
by the COG Board, shall file with SLOCOG an official fidelity bond in a sum
determined by the Council as security for the safekeeping of SLOCOG property
entrusted to such employees. Premiums for such bonds shall be paid by SLOCOG.
b. The County Treasurer, and Auditor -Controller shall be bonded or self -insured through
the county in -lieu of bonds (in accordance with Government Code Section 24156) in the
sum of $1000.
Vill. MEETINGS
1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at more
• frequent intervals as approved by SLOCOG.
2. Special meetings may be called by the President or upon written request of at least three
(3) representatives of SLOCOG. Actual notice of special meetings must be given at least three
(3) business days in advance.
3. Meetings shall be open to the public as required by state law.
4. Regular meetings shall be generally held in the first week of August, October, December,
February, April and June, as specified in the calendar adopted at the June and January meetings.
5. The Executive Director of SLOCOG will direct the publication of notices of all meetings
pursuant to state law.
6. Only official representatives or alternates shall represent a member of SLOCOG or vote
on any motion before SLOCOG.
7. The meeting agenda shall be prepared by the Executive Director to SLOCOG. Agenda
material shall be submitted to the Executive Director at least fourteen (14) calendar days prior to
the next regular meeting and distributed to members at least twelve (12) calendar days prior to the
next regular meeting to allow member agencies to advise their representatives on tentative vote
subject to independent judgment of delegate based on public testimony. Unless authorized by
four -fifths vote of the representatives at a regular meeting, only agenda items shall be considered
by SLOCOG pursuant to provisions of the Brown Act.
• 8. SLOCOG, at the discretion of the President may memorialize any of its actions by
resolution.
EXHIBIT A
SLOCOG JOINT POWERS AGREEMENT PAGE NO.9
• 9. Robert's Rules of Order, or such other rules as SLOCOG may adopt, will govern all
proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. SLOCOG shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to SLOCOG and
shall be submitted to member agencies.
IX. COMMITTEES
Committees and subcommittees may be established as SLOCOG may deem appropriate.
2. Membership on "ad -Hoc" policy committees shall be at the discretion of the President.
Nothing herein shall be construed to limit membership on these aforesaid committees to officials
of the member agencies. The President may appoint any individual deemed qualified to serve on
a committee.
3. Standing committees shall include the:
a. Technical Transportation Advisory Committee (TTAC) and the Citizen's
• Transportation Advisory Committee (CTAC) to advise the board on transportation issues
per adopted Committee bylaws.
b. Regional Transit Advisory Committee serving as the Regional Transit Productivity
Committee to advise the board on the efficiency and effectiveness of transit systems and
fulfill all responsibilities as required by Sections 99238 and 99244 of the Public Utilities
Code; and
c. An Executive Committee comprised of the President, Vice President and the past
President and at least one representative from the county of San Luis Obispo (if none of
the above). Said committee is to advise the Executive Director and SLOCOG on: draft
agendas, personnel issues, budget and Overall Work Program; controversial, sensitive
and major policy issues; and shall facilitate the annual performance evaluation of the
Executive Director. Items for review shall be selected by the 'Executive Director with
consultation by the President. All Committee members may include agenda items as
they desire. For purposes of conducting business, a quorum shall constitute two
members.
4. No committee shall commit SLOCOG on any matter or questions of policy. Such matters
or questions can only be decided by SLOCOG.
5. All committees shall receive clerical assistance from SLOCOG staff for the purpose of
maintaining minutes of meetings and other such duties as the Executive Director may direct. The
• chair of each committee shall sign the original copy of the minutes indicating verification of
contents upon committee adoption. Copies of minutes of all meetings shall be sent to members
of SLOCOG and the Executive Director.
EXHIBIT A
SLOCOG JOINT POWERS AGREEMENT PAGE NO. 10
• X. FINANCE
1. SLOCOG shall have no power to expend funds on any project for which funds have not been
budgeted, nor on any item in excess of the budgeted amount.
2. The Treasurer of the County of San Luis Obispo is designated the depository, and shall have
custody of all money of SLOCOG from whatever source received. SLOCOG shall contract with
an independent certified professional accountant to conduct annual fiscal audits as required by the
California Public Utilities Code Section 99245 and the Federal Single Audit Act of 1984.
XI. CITIZEN INVOLVEMENT
SLOCOG shall carry out a process for citizen involvement in major decisions in accordance with
an adopted Public Involvement Plan for Transportation Planning. Such process shall include:
Transportation Advisory Committee(s) for advising SLOCOG on transportation issues; legal
notices, and or press releases for adoption of all plans and for the allocation of and prioritization of
funding; and widespread distribution of an agency newsletter.
XII. WITHDRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to assign representatives
• to serve as official members of SLOCOG or any committee or subcommittee thereof who shall act
for and on behalf of their city or county in any or all matters which shall come before SLOCOG,
subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY.
2. Any party to this Agreement may withdraw from SLOCOG and terminate its participation in
this agreement by resolution of its governing body. The withdrawal of the member shall have no
effect on the continuance of this Agreement among the remaining members and the Agreement
shall remain in full force and effect as respects the remaining members.
3. A member withdrawing shall not be liable for the payment of further contributions falling
due beyond the date of withdrawal and shall have no right to reimbursement of any monies
previously paid to SLOCOG, provided, however, that SLOCOG may authorize a reimbursement if
in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the
operation of SLOCOG. If any party hereto fails to pay its contribution, as determined by
SLOCOG, said entity shall be deemed to have voluntarily withdrawn from SLOCOG.
4. SLOCOG may be dissolved at any time and this Agreement rescinded by a joint
agreement executed by COUNTY and CITIES which are parties hereto. Said rescission
Agreement shall provide for the orderly payment of all outstanding debts and obligations and for
the return of any surplus funds of SLOCOG in proportion to the contributions made.
XIII. EFFECTIVITY
• This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the
governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to
resolutions of such governing bodies authorizing such execution and shall remain in full force and
effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight
(8) counterparts which together shall constitute a single agreement.
EXHIBIT A
SLOCOG JOINT POWERS AGREEMENT
PAGE NO. 11
. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first hereinabove written.
•
0
CITY OF ARROYO GRANDE
Mayor
Clerk
CITY OF ATASCADERO
By:
Mayor
Clerk
CITY OF GROVER BEACH
Mayor
Resolution No.
Date:
Resolution No.
Resolution No.
Clerk
CITY O(F�M. O. RRO\ BAY
By: �t 1, ti N e —
Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By:
Date:
Mayor
Resolution No.
Clerk
EXHIBIT A
SLOCOG JOINT POWERS AGREEMENT PAGE NO. 12
•
KI
CITY OF PISMO BEACH
By:
Mayor
Clerk
CITY OF SAN LUIS OBISPO
Mayor
Clerk
COUNTY OF SAN LUIS OBISPO.
By:
Chair
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAC CRAWFORD
SLOCOG Legal Counsel
6v:
Legal Counsel
Dated:
Adopted by SLOCOG August 5, 1998
Date
Resolution No.
Resolution No.
Date:
Resolution No.
0.5brop}ever_1\Wl1OVERALLMURK PROGRAM 19%-9M100-Agency Adn k=ioNO.1W-Bowd,Ca nSupporWOGS=dUPAs\SLOCOCJPA.Cac
• RESOLUTION NO. 90-98
RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS,
CATASTROPHIC LEAVE POLICY
Is 96 91wel U lV<496I II ► Nl l I
City of Morro Bay, California
WHEREAS, Resolution No. 46-95 established a Catastrophic Leave Policy; and
WHEREAS, said policy was established to mitigate catastrophic illness or injury of an
employee or employee's immediate family by continuing employee's compensation through
donations of leave time from fellow employees; and
WHEREAS, if the immediate family member employee is caring for during use of
catastrophic leave time dies, an additional amount of time off for employee may be necessary in
order to recover from such a catastrophic event.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 46-95 is hereby amended
• to add Section 3(h) as follows:
CATASTROMC-LEAVE_P_OLIC_Y_
(3) Procedure toAccess-Sick.I,eav"ank
(h) In the event an employee is using catastrophic leave for the care of an
immediate family member and said family member dies, employee shall
be entitled to an additional five (5) working days off, if available in the
catastrophic leave bank, to recover from said loss. Any bereavement leave
provisions are separate from this policy.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 281' day of September, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None Cr
CATHY NOAkK, Mayor
ATTEST:
BRIDGET UER, City Clerk
RESOLUTION NO. 46-95
RESOLUTION AMENDING RESOLUTION NO. 34-83,
PERSONNEL RULES AND REGULATIONS, TO ESTABLISH
A CATASTROPHIC LEAVE POLICY
WHEREAS, the employees of the City of Morro Bay desire to help
their co-workers during times of extreme stress when facing catastrophic
events in their lives; and
WHEREAS, a catastrophic event in an employee's life can be
mitigated by uninterrupted compensation while the employee is
incapacitated or cares for a family member.
• NOW, THEREFORE, BE IT RESOLVED that Resolution 34-83 is
amended to include the attached Catastrophic Leave Policy.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held on the loth day of April, 1995 on
the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Anderson, Crotzer, Novak, Unger, Yates
None
None
I �
BRIDGE1 BAUER, City Clerk
•
• J. CATASTROPHIC LEAVE POLICY
(1) Purpose
The purpose of the Catastrophic Leave Policy is to establish a
Sick Leave Bank into which employees may voluntarily donate sick
or vacation leave hours. This Bank will be used to assist
employees who have exhausted all leave credits and have a
serious or catastrophic illness or injury to the employee or his/
her immediate family as defined herein.
It is the employee's responsibility to accumulate and maintain
as high a sick leave balance as possible, precisely for the very
reasons this Bank is established. Thus, this program is to
assist employees during an extended illness or injury that could
not otherwise be reasonably provided for by the employee's total
leave balance.
(2) Definitions
(a) Catastrophic Illness or Injur
An illness or injury which incapacitates the employee and
• creates a financial hardship because the employee has
exhausted all of his/her accumulated leave. Catastrophic
Illness or Injury is further defined as a debilitating
illness or injury of an immediate family member that
requires an employee to take time off from work to care for
the family member, and this creates a financial hardship
because the employee has exhausted all of his/her accumu-
lated leave.
(b) Immediate Famil
Immediate family includes spouse, son, daughter or
employee's mother or father.
(c) Eligible Employee
To be eligible, an employee must meet all of the following
criteria:
(i) Be employed in a permanent position;
(ii) Have exhausted all paid leave balances;
(iii) Employees receiving workers compensation or disability
insurance will only receive enough sick leave hours to
bring their compensation up to base pay. No insurance
dollars will be paid while on catastrophic leave.
• Insurance will be maintained as long as employee is
using sick leave bank hours.
(4) Be disabled due to a verifiable, catastrophic injury or
illness or needed to care for employee's family member
disable due to a verificable, catastrophic injury or
illness.
(d) Donor Employee
In order to be eligible to donate sick leave hours to the
City-wide Sick Leave Bank, an employee must be in a perma-
nent position and maintain a minimum of 40 hours sick leave
and a minimum of 40 hours vacation accrual after donation.
Part time employees in a permanent position must maintain
their prorated equivalent balance. (Example: Half-time
employee - 20 hours)
(e) Donated Time
For the purposes of this program, sick leave and vacation
may be transferred from a donating employee to the Sick
Leave Bank. No transfers of remaining balances of vacation
or sick leave will be allowed upon employees' termination,
separation or retirement.
• (3) Procedure to Access Sick Leave Bank
(a) An eligible employee shall submit a "Catastrophic Leave/
Donation Application" to the employee's Department Head for
recommendation to and approval by the Personnel Officer.
(b) Along with the application, employee must submit a written
medical verification of his/her condition, or the medical
condition of his/her immediate family member.
When the medical emergency involves an immediate family
member, the employee must supply written documentation from
the family member's medical physician that the medical
condition of the family member necessitates the em-
ployee's personalattendance during the employee's normally
scheduled work hours, and that reasonable accommodation by
the employee's Department is possible in order to meet the
medical need.
(c) All information regarding the leave application will be kept
confidential and the employee will be notified by the
Personnel Officer when a determination has been made
regarding the application.
(d) Any application which is denied may be a appealed to the
City Administrator. The City Administrator's decision shall
be final.
. (e) The maxi
the Sick
providing
Part time
to their
number of
mum number of hours an employee may access from
Leave Bank is 720 hours in any 12 month period
hours remain in the Sick Leave Bank to access.
employees in a permanent position will be entitled
prorated equivalent of 720 hours based on the
hours per month employee works.
(f) If the application is approved, hours from the Sick Leave
Bank will be transferred to the sick leave account of the
absent employee as the hours are used.
(g) There will be no coercion of employees to donate, this is
strictly a voluntary program. All donations will be con-
fidential.
(4) Conditions for Donating Leave Hours
(a) Only sick leave and/or vacation time may be donated.
(b) An employee must maintain a minimum of 40 hours sick accrual
at the time donation is made (i.e. full time employees - 40
hours; half time employees - 20 hours).
(c) Donations shall be in hourly increments.
• (d) An employee may donate a maximum of 120 hours of sick leave
in any calendar year.
,*
(e) The transfer of leave hours is irreversible.
(f) Transferred and accessed hours to and from the Sick
Leave Bank shall be on an hour for hour basis without
regard to an employee's cash value equivalent of the amount
of time donated or used.
(g) Donations are to the Sick Leave Bank, not individual
employees.
(h) Records of sick leave donations/balances will be the
responsibility of the Personnel/Finance Offices.
ki
I* RESOLUTION NO.89-98
APPROVAL OF AMENDMENT #1 TO THE MASTER LEASE FOR LEASE SITE 62-62W
ADDING OPERATION OF A TRANSIENT OCCUPANCY UNIT
AS A PERMITTED USE OF THE LEASE
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 under a lease agreement dated July 25, 1995 ; and,
WHEREAS, Rob Reed and Frank Loving, dba Kayak Horizons, are the Tenants under said
lease; and,
WHEREAS, City and tenant now desire to amend said lease to allow tenant to operate a
transient occupancy unit on the site; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that
the attached Amendment # 1, to add operation of a transient occupancy unit as a permitted use to the
lease, is hereby approved.
BE IT FURTHER RESOLVED that approval of Amendment #1 for Lease Site 62-62W is
contingent on Tenants receipt of any and all other required governmental permits and approvals
including but not limited to a minor use permit from the City. The Mayor shall be authorized to execute
Amendment # 1 attached hereto subject to this contingency.
•PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held thereof on the 28" day of September, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
CAT Y NO AK, MAYOR
BRIDGET AUER, CITY CLERK
AMENDMENT#1
LEASE AGREEMENT FOR LEASE SITE 62-62W
This Amendment #1 is made and entered into as of this day of by and
between the City of Morro Bay, a municipal corporation of the state of Ca ifo is (hereinafter "City"), and Robert
Reed and Frank Loving, (hereinafter "Tenant") to amend that certain ground lease known as Lease Site 62-
62W between City and Tenant dated July 25, 1995 (hereinafter the "Lease").
WHEREAS, the City is grantee and lessor of granted Tidelands within the City limits, including those lands
known as Lease Site 62-62W; and,
WHEREAS, Tenant currently operates the Kayak Horizons business on Lease Site 62-62W; and,
WHEREAS, the existing building improvements on the site include a second floor living space/office; and,
WHEREAS, Tenant desires to convert the second floor living space/office to a transient occupancy unit but the
Lease currently does not permit that use; and,
NOW THEREFORE, City and Tenant mutually agree to amend the Lease as follows:
Section 4.01 "Permitted Uses" of the Lease shall be amended to add operation of a transient occupancy unit
as a permitted use. Tenant agrees that this additional permitted use does not waive or supercede any other
required permits and approval including but not limited to acquiring a minor use permit for the conversion of the
existing living space/ office into a transient occupancy unit.
Onant agrees that it is Tenant's sole responsibility to acquire said permits and approvals and City makes no
guarantee that the existing building improvements are suitable for conversion to the new use.
Tenant further agrees that all gross income off of sales from the new use will be subject to percentage of gross
sales rent as provided for in the Lease agreement and the City transient occupancy tax. Any failure to fully
report gross sales and pay percentage of gross sales rent or transient occupancy tax shall be a violation of the
Lease.
All other terms of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto hereby execute this amendment
CITY OF MORRO BAY
Cathy Novak, Mayor
..-
•PPROVED AS TO FORM
Robert Schultz, City Attorn y,
Frank Loving
KAYAK HORIZONS
551 EMRARCADERO, MORRO BAY, CA 93442
TEL (805) 772-6444 FAX (805) 772-6445
September 9,1998
Mr. Rick Algert
Harbor Director
City of Morro Bay
RE: Amendment to Lease Site 62-62W
Dear Rick,
This letter is in regards to amending to the lease site 62-62W a single transient
occupancy. As you know, my partner Frank Loving and myself have been the
owner/operator of "Kayak Horizons" since October of 1996. It is well known that the
sport of kayaking is the ideal way to appreciate and learn about the unique beauty of
• Morro Bay and the adjoining National Estuary. We feel that this experience could be
further enhanced by adding a transient occupancy. This would create a kayaking
"destination" where people could take in the full experience of the natural surroundings
kayaking on the Bay, then further enjoy them in a small but tastefully appointed room.
We will only be cleaning up and refurbishing the existing space above Kayak Horizons
and continue to provide kayak rental and retail below. This "bed and kayak" concept is
gaining popularity around the country at many rivers and other natural areas by providing
and combining both comfortable facilities and kayak instruction/tours. As I have
mentioned before, Morro Bays' kayaking potential has been written up in many
prominent magazines and newspapers, and we have been receiving calls about the area
from as far away as Ohio. 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. If you have
any questions regarding this project, please do not hesitate to call. Thank You.
Best Regards,
Bob Reed
n
U
City of Morro Bay
HARBOR DEPARTMENT 1275 EMBARCADERO, MORRO BAY, CALIFORNIA 93442 80S-772-6254
APPLICATION
APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS
OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENT
To be completed and returned to the Harbor Office for processing.
LEASE SITE #: �� — 1I2 W
F.04-- IOJi",
Lessee (please pri' )
55/ Embar-ca�V-p
qWailing Address
City, State Zip
APPLICATION FEE: 4266 . 7 (o
K/cya`C �jt7r-; Z O✓) S
Busines' Name
—�1 7oC - [ygLIL4
Telephone
REQUEST: Briefly describe the specific nature of the approval requested.
Applicant's Signature
• SEE REVERSE
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.
• RESOLUTION NO. 88-98
APPROVAL OF SECOND 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, on August 25, 1997, the City and Roandoak of God executed an amendment to
the water rights agreement to pay Roandoak of God $3,000.00 to give up the right to use one City slip;
and,
WHEREAS, the City and Roandoak of God desire to further amend the water rights agreement
attached hereto and incorporated herein by this reference, to pay Roandoak of God $10,000 to give up
the right to use 5 moorings; 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 use the remaining 1 mooring 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
second amendment to the water rights agreement, attached hereto, is hereby approved and that the
Mayor is authorized to execute said second amendment.
BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay herby appropriates
the sum of $10,000.00 from the reserves of the Water Revenue Fund for the purpose of purchasing all
rights, title, interests in 5 moorings currently held by Roandoak of God.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held
thereof on the 281h day of September, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ow
CATHY NO K, MAYOR
BRIDGETT y3A UER, CITY CLERK
•
•
•
:110
V
Il
8.✓ AL
SECOND AMENDMENT TO AGREEMENT ii� I _
'This amendment [b the agreement dated August 10, 1982 by and between the City -of- &"&Bay
a Municipal Corporation, hereinafter referred to as CITY, and Delmar Roy Ashurst, hereinafter
referred to as ASHURST, and ROANDOAK OF GOD, A CORPO 7IR, hereinafter
referred to as ROANDOAK, is entered into on this _AT' day of 1998.
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 1 CITY slip, and;
WHEREAS, ASHURST AND ROANDOAK by the fast amendment to said agreement, dated
August 6, 1997, CITY and ROANDOAK agreed to terminate ROANDOAK's use of the one
CITY slip in consideration of the CITY paying ROANDOAK $3,000.00, and/
WHEREAS, ASHURST and ROANDOAK desire to amend the AGREEMENT a second time,
so that ROANDOAK will terminate rights to and use of 5 moorings in consideration of CITY
paying ROANDOAK $10,000; and,
WHEREAS, after execution of this second amendment, ROANDOAK will retain use of one
mooring under the AGREEMENT per the following terms:
1. ROANDOAK AND ASHURST shall relinquish up and forego all rights, title and interest
in the five (5)moorings and shall transfer all of said rights, title and interest in the five (5)
moorings 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
five (5), moorings to CITY, CITY shall pay ROANDOAK the sum of $10,000.00.
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'�� J
CATHY N VAK MAYOR DELMAR RO ASHURST
ROANDOAK OF GOD
A CORPORATION SOLE
ATTEST
a
BRIDGETT AUER, CITY CLERK DELMAR ROY ASHURST,
PRESIDING APOSTLE OF ROANDOAK
OF GOD, A CORPORATION SOLE
APPROVED AS TO FORM
�L.
OBERT SCHULTZ, CI 9TTORNEY
OFFICE OF THE PRESIDING APOSTLE
OF ROANDOAK OF GOD, A
CORPORATION SOLE
x4ajota olka
DELMAR ROY ASHURST,
PRESIDING APOSTLE
•
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 TTON LE, hereinafter
referred to as ROANDOAK, is entered into on this - 06 day of 1997.
WHEREAS, the CITY and ASHURST and ROANDOAK has entered into an agreement dated
August 10, 1982 (hereinafter called the "AGREEMENTS 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 1 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
k , ',—
CATHY NCFYAK MAYOR
ATTEST
i
APPROVED AS TO FORM
DAVID HUNT, CITY ATTORNEY
DELMAR ROY ASHU ST
ROANDOAK OF GOD
A CORPORATION SOLE
DELMAR ROY ASHURST,
PRESIDING APOSTLE OF ROANDOAK
OF GOD, A CORPORATION SOLE
OFFICE OF THE PRESIDING APOSTLE
OF ROANDOAK OF GOD, A
CORPORATION SOLE
z *w, 4- aA
DELMAR ROY ASHURST,
PRESIDING APOSTLE
n
LJ
THIS AGREEMENT is made and entered into this/0 day of
August, 1982, by and between the CITY OF MORRO BAY, a municipal
,. corporation, -hereinafter referred to as CITY, DELMAR ROY
ASHURST, hereinafter referred to as ASHURST, and ROMMOAE OF
GOD, A CORPORATION SOLE: hereinafter referred -to ar P�.°f1DOAX
R E C I T A L S
WHEREAS, DELMAR ASHURST is the Presiding Apostle of
ROANDOAR OF GOD,. A.CORPORATION SOLE and the only officer of
RO;um0AE OF GOD; and
WHEREAS, CITY and IDA ASHURST entered into an agreement
dated March 27, 1965 which provided for CITY'S right to use the
existing Well 9-A which is located on the property described on.
Exhibit A and which agreement further provided for IDA ASHURST
as the adjoining owner to use water for two existing residences
and farm irrigation on the property described on Exhibit B;
• and
WHEREAS, IDA ASHURST, mother of DELMAR ASHURST, grante.i
the property described on Exhibit A to DELMAR ASHURST; and
WHEREAS, there is a lien and abstract of judgment filed
against the property, by Hospice of San Luis Obispo Count_,
Inc. against ROAI;DOAG in the approximate amount of S41,000.00;
and
WHEREAS, there are liens of the County of San Luis
Obispo re judgment against DELMAR ASHURST in the approximate
amount of $12,200.00 plus accrued interest; and
NHEREAS, on July 26, 1982 there was a Sheriff's sale
with respect to the lien of Hospice of San Luis Obispo County,
Inc. at which time Hospice bid $30,000.00 for the property of
ROANDOAE located in Paso Robles in partial satisfaction of a
-1
•
jpdgment in the total amount of approximately $41,000.00; and
WHEREAS, the CITY has agreed with ROANDOAR OF CAD to •
purchase the tight to remove water from the property described
on Exhibit A and maintain the status quo as hereinafter set
forth; -
WW' THEREFORE, IT IS AGREED AS FOLLOWS:
l., ROANDOAH does hereby grant to the CITY OF MORF;t! BAY
With respect to all of the property described on Exhibit A the
to extract water o
m the
exclusive and perpetual right drill On the
existing well and any future wells the CITY may
property described on Exhibit A and the eight to use said water
ofit described herein is to
for municipal purposes. The pr
include the incidental rights to use of the property described
on Exhibit A as follows:
The tight to install and maintain the existing well and
future wells, including pump stations, PiPenes, utility and
li
telemetry lines, required for the extraction of water; the
ingress and egress for purposes of installing,
tights of •
rating said
repairingr replacing, maintaining and ope
fen
off a seasonable surface
feast facilities, the right to fe
surrounding said well or wells not to exceed 150 square
unless otherwise required for health reasons as necessary to
protect the wells from contamination and meet public health
standards for municipal drinking water purposes, the use of the
surface of the property for the exploration and discovery of
future well sites on the property, the right to drill and
maintain, repair and replace existing and future wells for the
for an
extraction of water. The profit granted herein ishall not
unlimited duration. Grantoruses
wate�forproperty
intended use
adversely affect the quality of such
l purpose. This grant of right is perpett'uuaal, C�
for municipa
-2- / R A
0
with the land described in Exhibit A, is appurtenant to such
property, and binds all the heirs, successors, assigns and
grantees of such property perpetually.
As partial consideration .... for said transfer CITY agrees
to pay all future real property taxes levied against the
pioperty described'or.--Exhibit-A; --RGANDOAK-and DELMAR A.S'h URST
agree to execute any and all additional documents which may be
necessary to fully, completely, and perpetually grant the
exclusive right to extract water from the above described
_. property to the CITY OF MORRO BAY for use for municipal
purposes. At no time shall more than two fully operational
wells be maintained on the property.
2. CITY agrees to pay to ROANDOA& the sum of.
$20,000.00 in cash and agrees to apply the proceeds first to
reduce any indebtedness of ROANDOAR to Hospice of San Luis
Obispo County, Inc. The amount paid to Hospice shall represent
•
the difference between $30,000.00 that Hospice bid at the
Sheriff's sale and the balance owing to Hospice plus costs Of
approximately $41,000.00 or approximately $11,000.00. The
remaining portion of the cash shall be paid jointly to ROANDOAR
OF GOD and RAY GIRARD. This agreement is contingent upon an
agreement by Hospice to accept payment of said amount and to
release the lien it has on the property described on Exhibit A
for said payment. If Hospice does not accept said amount CITY
shall have the right, at its option, to cancel this agreement.
3. The County of San Luis Obispo currently has
recorded liens affecting DELMAR ASHORST totaling approximately
$12,200.00. A judgment has been rendered in San Luis Obispo
Superior Court that said liens do not apply to ROANDOA& OF GOD,
A CORPORATION SOLE, successor in interest to DELMAR
AM
-3-
The County of San Luis Obispo has appealed said judgment.
ROANDOAK OF GOD and DEIM R ASHORST jointly and severally agree
to indemnify the CITY OF HORRO HAY and save the CITY OF MORRO .
HAY harmless from any and all claims, loss, costs or expense
resulting from or relating to the County liens.
d. As additional consideration for the purchase of
perpetual water rights CITY agrees to provide to FOk1DID3AK six
moorings and one boat slip at their present location or at such
other comparable locations as are designated by the CITY at no
charge. This right granted to ROANDOAK is a right which shall
be available for the use of ROAM)= OF GOD and its members so
long as said corporation exists and has members. This right is
not transferrable and may not be 'transferred or sold by
ROANDOAK.
S. subject to CITY usage CITY agrees to and does
hereby provide to ROANDOAK grazing rights, communal work
rights, recreational rights. and incidental related uses, such
rights do not include the right to construct structures, on
approximately 5 acres owned by the CITY located east of the •
existing County Road and adjacent to the property described on
Exhibit A at no charge. The 5 acre parcel is described on
Exhibit C. With respect to use of the 5 acres described on
Exhibit C, the parties agree that no grazing rights shall exist
as to any areas used in the future for a water recharge basin
or basins which CITY will fence. Grazing rights do not apply
to a reasonable minimum area surrounding existing and future
well sites as reasonably necessary to maintain and protect
public health. Further, grazing rights may also be limited in
the area surrounding existing or future wells to the extent it
is determined by the Health Department or the State Water
Resources control Board or other agency with overriding
- 40
0
•
jurisdiction that such grazing poses a health hazard to such
well or wells. Finally' CITY reserves the right to use limited
of a fire drill area and for fire drill
areas for construction
City purposes where grazing shall not
purposes and other future
.FDANDOAK so long as ROANDOAK
This is a right granted to ...
occur.
is a right 9ranta.1 to all '-be
., exlats and hoe members and
members of RDANDWIK but is not Udnafartablt.
6.. In addition, CITY agrees to supply to ROANDOAK,
from the existing or any future well located on
free of charge,
on Exhibit A, domestic water e0
the property described
1,100.000
residences and adjoining structures not to exceed
prorated on a daily basis. ROANDOAK cannot
gallons per month
provide this water to a parcel other
transfer, sell or otherwise
than the parcel described on
' The parties agree that the property
Exhibit B.
koR(/py`
which CITY will serve with water is all property presently
owned by ROANDOAK. Said property is described on Exhibit B.
•
This agreement includes all property described by deeds
recorded in the name of ROANDOAK as follows:
deed - document number 6565, recorded
Quitclaim
February 10, 1978, Volume 20461, Page 897;
deed - document number 10487, recorded April 8,
Grant
1975, Volume 1827, Page 146;
Joint Tenancy Grant deed - document numbs[ 17432,
recorded July 24, 1964, Volume 1307, Page 594; and
. Quitclaim deed - document number 6564, recorded
February 10, 1978, Volume 2046, Page 896•
the extent that any property described on Exhibit B
To
in the name of ROANDOAK OF GOD' the
does not presently stand
described on
rights granted shall not apply. The property
Exhibit B consists of approximately three acres. The righo
-5-
ll
the property described on Exhibit B. city wiertydescribede
If Roandoak sells
only
1 domestic water from the well or wells located on the pon Exhibitallons
(3)acres describe
el
not exceed 500,000 g
on Exhibit A for use on the three
total amount suppliedother than
tn�ate
•
provided that the
rtsupDlied shalt
month prorated on a daily basis and successors in
for water uses.
per
Roandoak shall pay C1ty's DumO:^9 cost
described on Exhibit 8.
be used only on the orocerty
use of water applies to the grantees and successors in interest
to said property and not to other property.
7. In the event CITY elects to file a condemnation
action to acquire exclusive and perpetual water rights on the
property described on Exhibit A.
pOA11DOAK agrees to allow CITY
to proceed to condemnation by default judgment subject to each
and all of the terms and conditions of this agreement and for
the consideration provided for in this agreement.
a. Each of the parties hereto agrees to execute all
other documents required under this agreement.
g. CITY reserves the right to terminate this agreement
in the event -.it electsr at its sole Option, to terminate its
rights to ore water from the property described on Exhibit A
provided CITY., shall give ROANDOAE at least 120 days prior
written notice.,
gppNDOAR OF GOD. A
CpRPORATION SOLE
BY:�
Da-MaR ROY JRST
Presiding Apostle of
ROANDOAK OF GOD,
A
ION SOLE
OFFICE OF THE CORPORATION PRFSID1140
APOSTLERPORATIONSOLE A
BY:
DELtMR RO ASgORST
Presiding Apostle
•
• RESOLUTION NO. 85-98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RESCINDING RESOLUTION NO.53-97 AND
ABOLISHING THE OFFICE CLOSURE HOURS
FOR NON -SAFETY CITY OFFICES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council recognizes the need to facilitate the needs of our
residents and all persons doing business in the City; and
WHEREAS, the City Council recognizes that closing City offices during the
period of 1:30 p.m. to 3:30 p.m. has created a hardship for many of the residents and
persons doing business in our City; and
WHEREAS, public safety offices are currently open during the standard business
day.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that Resolution No. 53-97 shall be rescinded; and
BE IT FURTHER RESOLVED that all City offices will be open during the
standard business day of 8:00 a.m. to 5:00 p.m effective September 21, 1998.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 14th day of September, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
CATHY NOOK, Mayor
ATTEST:
pin I w - PAM, — 0 - =-- A
. NIP 4m
0
• RESOLUTION NO. 84-98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPOINTING ROBERT W. SCHULTZ, ESQ.
AS CITY ATTORNEY AND APPROVING AN
AMENDMENT TO THE CITY'S LEGAL SERVICES
AGREEMENT WITH HUNT & ASSOCIATES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, David R. Hunt, Esq., was appointed as City Attorney for the City of
Morro Bay on an interim basis effective January 21, 1993, and subsequently appointed as
the permanent City Attorney effective July 1, 1993; and
WHEREAS, the City has entered into a current Legal Services Agreement with
David R. Hunt's law firm, Hunt & Associates, for that law firm to provide City Attorney
services to the City of Morro Bay, with David R. Hunt, Esq., appointed as the City
Attorney; and
• WHEREAS, David R. Hunt has requested for personal growth reasons to be
relieved of the specific obligations to serve as the City Attorney of the City of Morro Bay
and requested that Robert W. Schultz, Esq., of Hunt & Associates be appointed in the
position as City Attorney; and
WHEREAS, City Council finds Robert W. Schultz, Esq., is an experienced
attorney, skilled in the practice of municipal law, and has the qualifications necessary to
serve as the City Attorney of the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, as follows:
1. Robert W. Schultz, Esq., is hereby appointed as the City Attorney of the City of
Morro Bay to fulfill the functions of that office as provided by Government Code
Section 36505 and Municipal Code Sections 2.16.070 and 2.16.080, in
substitution for David R. Hunt, Esq., who is specifically relieved of that position,
but shall remain in service of the City of Morro Bay as special counsel; and
2. The Mayor of the City of Mono Bay is authorized to execute an amendment to
the Legal Services Agreement between Hunt & Associates, Attorneys and
Counselors at Law, and the City of Morro Bay accomplishing the substitution of
• Mr. Schultz for Mr. Hunt as City Attorney, a copy of which is attached hereto as
Exhibit "A" and hereby incorporated by reference.
• Resolution No. 84-98
Page Two
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 14th day of September, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
CATHY NO AK, Mayor
ATTEST:
• BRIDGETI AUER, City Clerk
•
Exhibit "A"
• AMENDMENT TO
CITY ATTORNEY
LEGAL SERVICES AGREEMENT
The City of Morro Bay and HUNT & ASSOCIATES, do hereby enter into an
agreement to amend the City Attorney Legal Services Agreement pending between them
with an effective date of July 1, 1995, as follows:
1. Robert W. Schultz, Esq., a senior associate with HUNT & ASSOCIATES is
hereby substituted as the "City Attorney" in place of David R. Hunt, Esq., as appointed
in the City Attorney Legal Services Agreement.
2. All other provisions of the City Attorney Legal Services Agreement shall
remain in full force and effect.
IN WITNESS THEREOF, the parties have executed this agreement on the dates
• below provided.
Dated: September 15, 1998
CITY OF MORRO BAY
By: '�
Cathy NoJak, Mayor
ATTEST:
s/drh/cmbctyadmen/ainmd1m dac
0
September 15, 1998
HUNT & ASSOCIATES
By: ) n —
David R. Hunt
PAGE I OF 1
• RESOLUTION NO.83-98
APPROVAL OF AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE
CENTRAL COAST MARITIME MUSEUM ASSOCIATION TO IDENTIFY A
POTENTIAL SITE FOR CONSTRUCTION OF A MARITIME MUSEUM
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Central Coast Maritime Museum Association (CCMMA) desires to
construct a maritime museum in Morro Bay; and,
WHEREAS, the City of Morro Bay strongly supports the CCMMA and desires to assist the
CCMMA in constructing a maritime museum in Morro Bay; and,
WHEREAS, the City of Morro Bay and the CCMMA have identified two potential sites
for the maritime museum; and,
WHEREAS, the City of Morro Bay and the CCMMA have reached an agreement to commit
two potential sites for development of a maritime museum by the CCMMA.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay
that the Mayor is hereby authorized to execute the agreement between the City of Morro Bay and
the Central Coast Maritime Museum committing two potential sites for development of a maritime
museum in Morro Bay subject to final approval of the agreement 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 14"' day of September, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
`I..J
BRIDGETT n
UER, CITY CLERK
0
N-�--
CATHY NOVAIC, MAYOR
AGREEMENT BETWEEN THE CENTRAL COAST MARINE MUSEUM ASSOCIATION
• AND THE CITY OF MORRO BAY TO IDENTIFY A POTENTIAL SITE FOR
CONSTRUCTION OF A MARITIME MUSEUM IN MORRO BAY
Whereas, the Central Coast Maritime Museum Association (CCMMA) was incorporated as a non-
profit California corporation in 1991 for the purpose of preserving the maritime history of the
Central Coast; and,
Whereas, CCMMA desires to construct a maritime museum in Morro Bay; and,
Whereas, the City Council of the City of Morro Bay (City) strongly supports the CCMMA and
desires to assist CCMMA in constructing a maritime museum in Morro Bay.
Now therefore the parties hereto agree as follows:
The City desires to designate two areas of City owned property for potential sites to construct the
proposed Central Coast Maritime Museum. These sites are designated in "as is condition" and it is
the responsibility of the CCMMA to investigate the sites to assure they are suitable for CCMMA's
proposed project.
Site #1 is a portion of the approximately 4 acres of City owned land directly West of the Duke
• Energy Services Power Plant Farm and east of the existing Embarcadero extension as shown on
the attached Exhibit A, made a part hereof by this reference. In the event that adjacent property is
acquired by the City, the CCMMA would have the opportunity to discuss relocation of the
museum site accordingly.
Site #2: is that portion of the Front Street lot shown on the attached Exhibit A, made a part hereof
by this reference, and labeled on Exhibit B as "Requested City Property for Museum Location"
The City commits these lands to the Central Coast Maritime Museum project at no cost under the
following conditions:
1. FUNDING: CCMMA shall assume all costs and responsibility for planning, permitting,
design, construction, operation and any other costs or tasks associated with the maritime museum
project. The City shall not be responsible for any costs unless specifically directed by a future
City Council action. It is understood between the parties that CCMMA will attempt to acquire
grant or foundation funding for the costs of the proposed museum.
2. DESIGN: Should CCMMA be successful in raising funds to construct the museum, CCMMA
will meet with the City to define detailed property needs on the selected site and CCMMA will
acquire all local, state, and federal permits and approvals required for said project on the site.
Prior to final City Council action to dedicate a final detailed site on City property, the City Council
shall review and approve the precise plan phase of the conditional use permit and the City reserves
• the right to choose not to proceed with the project on City land should the City Council not accept
the precise plan. CCMMA understands that public parking and traffic are critical issues for the
City and CCMMA agrees that it will provide all additional parking required by the new museum
in addition to existing public parking at the site.
3. OPTION TO LEASE: In the event that CCMMA obtains City Council approval of precise
plans, the City action to dedicate the property for actual construction may take the form of a long
term lease or option to lease. CCMMA shall negotiate with City staff a mutually agreeable lease
or option to lease agreement which shall be presented to the City Council for review and or
approval subsequent to the City Council's approval of the precise plan. The City reserves the right
to negotiate a fair land rental and all other terms of any future lease agreement.
4. HOLD HARMLESS: The sites are offered in "as is" conditions and CCMMA agrees that it
shall be CCMMA's sole responsibility to investigate the conditions (both physical and regulatory)
of the Site to insure the sites are suitable for the proposed operations of the CCMMA. CCMMA
agrees to investigate, defend, indemnify and hold harmless the City, its employees and agents,
from and against any and all losses, damage, liability, claims, demands, detriments, costs, charges
and expenses (including attorney's fees) and causes of action whatsoever character, which the City
may incur due.to this agreement or CCMMA's operations or any acts or omissions of CCMMA or
its guests, employees, agents and contractors.
5. TERM: This agreement shall be in effect from September 14, 1998 until September 30, 2003.
Either party may terminate this agreement for any reason upon 90 days written notice to the other
ply.
• 6. ENTIRE AGREEMENT: This document constitutes the entire agreement between the City and
CCMMA and supercedes all prior negotiations, oral and written. This agreement shall not be
amended or modified in any respect whatsoever, except by a written instrument signed by the City
and CCMMA.
—eoj�S _ 9-17-`/-V l0j,"l Z
Central Coast Maritime Museum Association, Cathy Novak, Uayor, City of Morro Bay
Director
Central Coast Maritime Museum Association,
Director
is
Y
Bridgett BaL City Clerk, City of Morro Bay
Q
Robert Schultz, Ci tt mey,
City of Morro Bay
-�
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Outh `T _
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•
CENTRAL COAST MARITIME MUSEUM
CONCEPTUAL BUILDING AND SITE LOCATION
EXHIBIT -B
Morro Bay Power Plant
:. Contractor Parking
Area
Conceptual;
niariduie museum
PG&E.easement area,
•
in addition to
:.
City property for
museum location
?.;
property for museum
location .
'
1,
,'. Concepdtal
•. '
parldng
Plan .:
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1
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, fr
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CENTRAL COAST MARITDA , MUSEUM
CONCEPTUAL WELDING AND SITE LOCATION
EXHIBIT B
Morro Bay Power Plant
Contractor Parking Area
r• ,I
Fivnt Shm
.4
Conceptual
maritime museum
-% • . , '• '.building
PG&E easement
♦�`� requested in addition to
City property for
a \ ♦ museum location
•i `
'i
.� ;•. �.. Requested City . .
property for museum
J. location
~ , . Concepmal Parking
Plan
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CENTRAL COAST MARITME WSEUM
CONCEPT17AL SITE LOCATION .
Red area indicates portion of City owned property requested for maritime
museum location. The blue area identifies current lease between the City of Morro
Bay and PG&E. 'Easement area is requested in addition to City property for
museum location.
Requested City property for museum location
PG&E / City Easement area W
RESOLUTION NO. 82-98
AUTHORIZATION TO WAIVE DOCKAGE FEES FOR THE SAILING VESSEL ENDEAVOR
DURING ITS MAY, 1999 VISIT IN MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in 1993 the 110 foot sailing vessel Endeavor was christened in Australia; and,
WHEREAS, the vessel Endeavor is an exact replica of Captain James Cook's ship which
accomplished one of the greatest maritime feats of scientific advancement and exploration in the
world's history; and,
WHEREAS, the Endeavor is currently touring the East Coast and drawing crowds up of up
to 10,000 people per day to visit the vessel; and,
WHEREAS, the Endeavor is currently scheduling port visits for its 1999 tour of the North
American West Coast after which it will return to Australia; and,
WHEREAS, the Endeavor has offered to visit Morro Bay Harbor for 10 days from May 14,
1999 to May 24, 1999; and,
WHEREAS, the local sponsor for the Endeavor's visit will be the Central Coast Maritime
• Museum Association (CCMMA), which will be responsible for providing shore side support for the
visit; and,
WHEREAS, part of the required shore side support is berthing location for the period of the
visit; and,
WHEREAS, the City of Morro Bay South T-Pier would be an excellent berthing location with
sufficient parking in the area.
NOW THEREFORE, the City Council of the City of Morro Bay hereby declares its support
and welcome to the Endeavor and crew and the related support personnel.
BE IT FURTHER RESOLVED, that the City shall waive Harbor Department fees for
Endeavor during the period of its stay in the Morro Bay Harbor.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
held thereof on the 14'" day of September, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
Q
CATHY NOVA AYOR
BRIDGETT OUER, CITY CLERK
RESOLUTION NO. 81-98
RESOLUTION DESIGNATING OPTION 1 (REVISED) AS THE APPROVED
FRONT STREET PARKING LOT PROJECT FOR USE OF PARKING IN -LIEU FEES AND
DIRECTING CONTINUED INVESTIGATION OF PROPERTY ACQUISITION
the City Council,
City of Morro Bay, California
WHEREAS, by Resolution No. 34-97 adopted on May 27, 1997 the City Council did
designate the expansion and rehabilitation of the Front Street Parking Lot, with an estimated Base
Bid cost of $258,668 as the highest priority for implementation; and
WHEREAS, said Resolution also directed staff to continue investigation of property
acquisition for mitigation of parking space shortages; and
WHEREAS, subsequent analysis, public testimony and consideration have resulted in the
identification of additional options for the development of the Front Street Parking Lot in an
incremental manner; and
WHEREAS, at a regular meeting of the City Council held on September 14, 1998 Project
options were presented and discussed; and
WHEREAS, as result of consideration it has been determined appropriate to select
Option 1 (Revised) as the designated highest priority project for implementation, with an estimated
Base Bid cost of $120,821; and
• WHEREAS, full mitigation of public parking space shortages necessitates the development
of additional new parking spaces with the resulting need to acquire property for that purpose.
NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that
Resolution No. 34-97 is hereby superseded and that the Front Street Parking Lot Option 1 (Revised)
as considered by the City Council on September 14, 1998 is herewith designated to be a Project for
use of Parking In -Lieu Fees; and
BE IT FURTHER RESOLVED, the City Manager is hereby authorized and directed to
pursue the Project, subject to City Council approval, to completion and to continue investigation of
property acquisition to result in mitigation of the community's public parking space shortage.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting
thereof held on the 14th day of September, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: A-
CATHY NWAK, Mayor
I 1
i Rtti (BAUEk City Clerk
City of Morro Bay
•
•
,
PUBLIC WORKS DEPARTMENT • 695 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 805.772.6261
MEMORANDUM R E C,. E I V� �"
August 26, 1998 EUG
26 1998 1 j
DEPT. OF PUBLIC WORKS i
To: Bill Boucher, Public Works Director CITY OF tdoRHO eA(
From: Steven J. Sylvester, City EngineerJ0
Subject: Front Street Parking Lot Options
Per our recent discussions and field meeting we have further refined options for the
improvements to the Front Street parking lot. Specifically,. we have examined
modifications to "Option 1" as discussed in our report of June 21, 1998. As a result of this
effort we have also identified a new option (Option 1A) which provides overlay and
striping of the existing parking lot area only, and does not add any additional paved surface
or parking stalls.
Both of the options under consideration include improvements to the trolley stop area on
the Embarcadero. The improvements include the addition of a small sidewalk area with
handicap ramp access adjoining the handicap parking stall area. Bench seating,
landscaping and signage improvements are also proposed. These improvements are
detailed on the attached exhibit.
The options are further described as follows:
OPTION 1 (Revised) 132 Spaces
ESTIMATED COST
$100,821.
Add additional paved parking area at north and east sides
of existing parking area.
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.
• 2. AC leveling course on existing parking lot areas as needed.
3. Overlay existing asphalt surface with 0.15 feet of AC
4. Striping and marking
5. Trolley stop improvements
OPTION 1A 106 Spaces $78,348.
1. AC leveling course on existing parking lot areas as needed.
2. Overlay existing asphalt surface with 0.15 feet of AC
3. Striping and marking
4. Trolley stop improvements
Site plans and preliminary cost estimates are attached for each of the options. The cost
estimates have been revised since the June 25 report to better reflect current bidding
• conditions. The estimates presented with this report are considered adequate for planning
purposes, but will need to be revisited when final engineering is completed.
Please feel free to call if there are any questions.
CC: David Cole, City Administrator
Rick Algert, Harbor Director
SJS/amm
•
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MEMORANDUM
TO: CITY ADMINISTRATOR
FROM: HARBOR DIRECTOR
DATE: 8/31/98
RECEIVEL,
SEP 1-1998
SUBJECT: FRONT STREET RECONSTRUCTION COASTAL PERMIT
Attached is copy of the Coastal Commission administrative permit for the Front Street lot
proposed for Coastal Commission (CC) agenda on September 8, 1998 in Eureka. The
administrative permit will be a renewal of the City's previous permit which included full blown
reconstruction including drainage system improvements with detention and energy dissipater
devices capable of retaining hydrocarbons and silt. You will note that in the proposed
administrative permit CC has included new conditions regarding specifics of proposed drainage
improvements.
As you know, Council will shortly be considering reduced scope alternatives without drainage
improvements. The CC is escalating their efforts on non -point source pollution such as street
• run-off which raises concerns that they may not approve an amendment to the permit on a
reduced scope project without drainage improvements.
•
cc: Bill Boucher, Public Works
Steve Sylvester, Northcoast Engineering
A: ADM/NG6/MEMOS/FRONT ST 8-3 /
1
STATE OF CAUFORNIA-THE RESOURCES AC _ _ PETE WLSON, o,,.
CALIFORNIA COASTAL COMMISSION • ,1', �_'
CENTRALCOAST
STREET. SUITE 300OFFICE i T u 3 a
725 FRONT STREET, SUITE 300 ) ^
• SANTA CRU 6 CA 95080 1111 L �1
14081 421J863 I U
ADMINISTRATIVE PERMIT NIIM6ER 3498-063
Applicant ................... City of Morro Bay, Harbor Department
Project location........ East of the Embarcadero between Beach Street and Coleman Drive
next to the Duke (former PG&E) power plant, City of Morro Bay.
Project description .. Improvements to an existing parking lot: Add 68 parking spaces, install
landscape planters, construct a marine recycle area, relocate storage
yard area, underground existing utilities, install pedestrian and bicycle
paths, parking and pedestrian signage, and other site furniture items
(trash receptacles, benches, lights, and bike racks).
Executive Director's Determination: The findings for this determination, and for any special
conditions, appear on subsequent pages.
Note: Public Resources Code Section 30624 provides that this permit shall not become effective until it
is reported to the Commission at its next meeting. If one-third or more of the appointed membership of
the Commission so request, the application will be removed from the administrative calendar and set
•for public hearing at a subsequent Commission meeting. Our office will notify you if such removal
occurs. This permit will be reported to the Commission at the following time and place:
Tuesday, September 8, 1998 at 10 AM
Eureka Inn
7th & "F" Streets
Eureka, CA
(707) 442-6441
IMPORTANT: Before you may proceed with development, the following must occur: Pursuant to
Title 14 of the California Code of Regulations, Sections 13150(b) and 13158, you must sign the
enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all
conditions, and return to our office. Following the Commission's meeting, and once we have received
the signed acknowledgment and evidence of compliance with all special conditions, if applicable, we
will send you a Notice of Administrative Permit Effectiveness. Before you can obtain any local
permits and proceed with development, you must have received both your administrative
permit and the notice of permit effectiveness from this office.
PETER DOUGLAS
Executive Director
By: LEE OTTER
District Chief Planner
Staff:
Steve Guiney
Date:
August 19, 1998
Page:
1 of 7
File:
3-98-063.DOC
Administrative Permit Number A-063
City of Morro Bay Parking Lot Improvements
Page 2 of 7
• STANDARD CONDITIONS
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging
receipt of the permit and acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two years from the date on
which the Commission voted on the application. Development shall be pursued in a diligent manner
and completed in a reasonable period of time. Application for extension of the permit must be made
prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal as set forth in the
application for permit, subject to any special conditions set forth below. Any deviation from the
approved plans must be reviewed and approved by the staff and may require Commission
approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the
Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its
development, subject to 24-hour advance notice.
• 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the
Commission an affidavit accepting all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it
is the intention of the Commission and the permittee to bind all future owners and possessors of
the subject property to the terms and conditions.
SPECIAL CONDITIONS
1. Drainage Plans. PRIOR TO COMMENCEMENT OF GRADING OR CONSTRUCTION, the
permittee shall submit to the Executive Director for review and approval a copy of the final drainage
plans which shall incorporate measures to prevent non -point source pollution from entering the
waters of the Morro Bay estuary. Such measures shall include, but are not limited to, temporary silt
fences and other sediment containment measures during the construction phase; and sediment
traps, filter strips, and similar best management practices (BMPs) in the finished project. Specific
recommendations may be found in the California Storm Water Best Management Practice
Handbooks (March, 1993).
2. Regional Water Quality Control Board. PRIOR TO COMMENCEMENT OF CONSTRUCTION,
the permittee shall submit to the Executive Director a copy of a water quality certification for the
proposed drainage system, or waiver of water quality certification, or other evidence of review and
approval of the drainage system, from the Regional Water Quality Control Board.
0
Adm. Arative Permit Number 3-98-063
City of Morro Bay Parking Lot Improvements
Page 3 of 7
• EXECUTIVE DIRECTOR'S DETERMINATION
The Executive Director hereby determines that the proposed development is a category of
development which qualifies for approval by the Executive Director through the issuance of an
administrative permit (Public Resources Code Section 30624). Subject to Standard and Special
conditions as attached, said development is in conformity with the provisions of Chapter 3 of the
Coastal Act of 1976, is located seaward of the first through public road and is in conformity with the
public access and public recreation policies of Chapter 3 of the Coastal Act, will not prejudice the ability
of the local government to implement its certified Local Coastal'Program in conformity with the
provisions of Chapter 3, and will not have any significant adverse effects on the environment within the
meaning of the California Environmental Quality Act.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION
The project is located in the harbor area of the City of Morro Bay and extends north from the foot of
Beach Street to Coleman Drive adjacent to the Duke Energy (former PG&E) power plant property and
from the Embarcadero east to the foot of the bluff. This area is essentially that now occupied by an
existing parking lot and will be at least partially funded from the City's in -lieu parking fee program,
which requires payment of fees for construction of future parking if a site cannot provide its own off-
street parking. The City plans to relocate a storage yard for its Harbor Department; add a transit
stop/information center/public restroom building, landscaping and street furniture including trees,
• benches, directional signs, trash receptacles, pedestrian and bicycle paths, etc.; enlarge the parking lot
toward the north and at its northeast corner; and reconfigure the parking spaces. The work will
increase the number of spaces from 74 to 142. The site is on fill that dates from the 1940's; prior to that
time much of the site was tidal mudflats. Because of that the site lies in the Commission's "original"
permit jurisdiction.
The work will entail the removal of nine Eucalyptus trees, eight less than 12 inches in diameter at
breast height and one 36 inches in diameter at breast height, and a 10 x 10 foot storage shed. Street
trees are proposed to be planted according to the requirements of the City's zoning ordinance. The
proposal also includes improvement of sidewalks and bicycle paths. The project will improve access to
the waterfront by providing additional parking spaces and will improve the appearance of the area.
An administrative permit was previously granted for this project, in 1995. That permit has expired. That
previous permit application included a new drainage system including two drainage detention and
energy dissipater devices capable of retaining hydrocarbons/grease and silt. The current application
does not contain details of the drainage. For that reason Special Conditions 1 and 2 are attached to his
permit to ensure that best management practices are incorporated in project design and that non -point
source pollutants do not enter the waters of the estuary.
As conditioned, the project is consistent with the Coastal Act, including Sections 30210 et seq.
(access), 30223 (coastal recreational support), and 30230 et seq. (protection of the marine
environment). Additionally, the project is consistent with the City's certified LCP, which in this case is
useful for interpretive guidance.
• California Environmental Quality Act
Section 13096 of the California Code of Regulations requires that a specific finding be made in
Administrative Permit Number 3-98-063
City of Morro Bay Parking Lot Improvements
Page 4 of 7
• conjunction with coastal development permit applications showing the application to be consistent with
any applicable requirements of the California Environmental Quality Act (CEQA). Section
21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible
alternatives or feasible mitigation measures available which would substantially lessen any significant
adverse effect which the activity may have on the environment. The City of Morro Bay adopted a
negative declaration for the project. The Executive Director finds that the proposed- project, as
conditioned to provide additional water quality protection measures, will not have any significant
unmitigated adverse effects on the environment.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
incl din 7allonditions.
Appli Ys sig ature Date of signing
•
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Adm'l. trative Permit Number 3-98-063
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City of Morro Bay Parking Lot Improvements
Page 5 of 7
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Administrative Permit Number 8-063
City of Morro Bay Parking Lot Improvements
Page 6 of 7
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0 RESOLUTION NO.80-98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING THE FISCAL YEAR 1997/98 MASTER FEE SCHEDULE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on March 10, 1997, the City Council adopted Resolution No. 19-97
to set fees and charges for the City of Mono Bay; and
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, the City desires to amend the existing fee schedule to increase
Harbor Department transient slip fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mono Bay, California, that effective September 1, 1998, Resolution No. 19-97 shall be
amended to delete the previous Harbor Department transient slip fees and the following
• fees shall be adopted in place of: Transient Slip Fee - Monthly, per linear ft. $5.50; Slip
Rental - Daily, per linear ft. $.060.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
Special Meeting thereof held on the 17th day of August, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
CATHY NO K, Mayor
rAINr4-1n
• RESOLUTION NO. 79-98
APPROVAL OF A SUBLEASE AGREEMENT FOR LEASE SITE 68/68W
BETWEEN THE HELD FAMILY TRUST AND RICHARD AND DARLENE P.
RODGERS, DBA GOLD TREE JEWELERS
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 Lease Site 68/68W which requires
City Council approval of any sublease agreement; and,
WHEREAS, the Held Family Trust has applied for approval of a sublease with Richard
and Darlene Rodgers for retail sales and operation of a transient occupancy unit; and,
WHEREAS, the lessees have received necessary City use permits to convert an existing
residential unit on the Lease Site into a transient occupancy unit; 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 between the Held Family Trust and Richard and Darlene Rodgers dba Gold
Tree Jewelers is hereby approved..
BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay hereby
authorizes transient occupancy use on the site provided subtenant and tenant comply with all
local and state laws, including payment of transient occupancy tax.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special
meeting held thereof on the 17th day of August, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
OPEN -
ml I.-. .e•qi• ♦. •�•
0
• CONSENT TO SUBLEASE AGREEMENT
THIS CONSENT TO SUBLEASE AGREEMENT is entered into this day of
, 1998, by and between ,
hereinafter referred to as TENANT, and dba,
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 20 January 19 g3and;
WHEREAS, TENANT desires to assign a sublease for a portion of the premises to
SUBTENANT. -
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay
all of the sums required of TENANT and SUBTENANT under the terms of the Master Lease
dated t Ja.,,,ary 1981 hereinafter known as "Master Lease". In the event
TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to
CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and
CITY shall, after three (3) days written notice to TENANT, have the following options:
• (a) CITY may elect to pursue all legal remedies against TENANT alone or against both
TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one
instead of both of the parties shall not preclude a later action against the other party to recover
any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and
severally liable for any breach by the SUBTENANT.
(b) CITY shall have all other legal remedies provided for in the lease and allowed by
law, including the right to bring an action for unlawful detainer against SUBTENANT,
TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due
to CITY.
2. SUBTENANT specifically agrees to comply with each and all of the terms and
conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and
all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by
SUBTENANT of the terms 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 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 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.
6. The proposed use by SUBTENANT is as follows:
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.
CITY OF MORRO BAY
A Municipal Corporation
•
By: r-
Cathy Nov c, Mayor
ATTEST:
Bri gett Baerity Clerk
SUBTENANT:
TENANT: � t` LD 54i ,Ly
By: zAga�
Page 3 of 3
• RESOLUTION NO. 78-98
APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF
LEASE SITE 87-88/87W-88W BETWEEN GEORGE LEAGE AND
GEMMA LUNDBLADE, DBA SEA GEMS TREASURE
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, George Leage is the lessor of said Lease Site; and,
WHEREAS, George Leage has requested approval of a sublease agreement with Gemma
Lundblade, dba Sea Gems Treasury; and,
WHEREAS, the lease agreement for Lease Site 87-88/87W-88W requires City Council
approval of any sublease on the site.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that sublease of a portion of Lease Site 87-88/87W-88W between George Leage and Gemma
Lundblade, dba Sea Gems Treasury is hereby approved.
• BE IT FURTHER RESOLVED, that said approval of the sublease is contingent upon
the parties obtaining all necessary and required permits and licenses for operation of business on
said Lease Site.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special
meeting held thereof on the 17" day of August, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
BRIDGETTQ�AUER,
0
CATHY NOVA , MAYOR
• CONSENT TO SUBLEASE AGREEMENT
THIS CONSENT TO SUBLEASE AGREEMENT is entered iip to this day of
1998, by and between C2 a . ,
�herei er ,X[eferred to as TENANT, and (�mnr , I Unruh dba,
/i (�e171S I YP�u ", hereinafter referred to as SUBTENANT and the City of
Morro Bay, California, hereiriffler referred to as CITY.
RECITALS 3 Zif(70
WHEREAS, a Master Lease was executed on and;
WHEREAS, TENANT desires to assign a sublease for a portion of the premises to
SUBTENANT. -
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay
all of the sums f equred of TENANT and SUBTENANT under the terms of the Master Lease
dated hereinafter known as "Master Lease". In the event
TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to
CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and
CITY shall, after three (3) days written notice to TENANT, have the following options:
• (a) CITY may elect to pursue all legal remedies against TENANT alone or against both
TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one
instead of both of the parties shall not preclude a later action against the other party to recover
any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and
severally liable for any breach by the SUBTENANT.
(b) CITY shall have all other legal remedies provided for in the lease and allowed by
law, including the right to bring an action for unlawful detainer against SUBTENANT,
TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due
to CITY.
2. SUBTENANT specifically agrees to comply with each and all of the terms and
conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and
all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by
SUBTENANT of the terms 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 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 1 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.
6. The proposed use by SUBTENANT is as follows:
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
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 unpemutted 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:
\J
CITY OF MORRO BAY
A Municipal Corporation
By:
Cathy Nov c, Mayor
SUBTENANT:
LE
Page 3 aj3
RESOLUTION NO. 77-98
• RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF MORRO BAY
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies
and their employees in the Public Employees' Retirement System by the execution
of a contract, and sets forth the procedure by which said public agencies may elect
to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the
governing body of the public agency of a resolution giving notice of its intention to
approve an amendment to said contract, which resolution shall contain a summary
of the change proposed in said contract; and
• WHEREAS, the following is a statement of the proposed change:
To provide Section 20423 (Harbor or Port Police Officers as
"Local Safety Members") for local miscellaneous members
and Section 21574 (Fourth Level of 1959 Survivor Benefits)
for local fire members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does
hereby give notice of intention to approve an amendment to the contract between
said public agency and the Board of Administration of the Public Employees'
Retirement System, a copy of said amendment being attached hereto, as an
"Exhibit" and by this reference made a part hereof.
BY
Presiding Offi er
CATRY NOVAK
Mayor
Title
10 August 17, 1998
Date adopted and approved
(Amendment)
CON-302 (Rev. 4/96)
•
1]
.4: 11.
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF MORRO BAY
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as
Board, and the governing body of above public agency, hereinafter referred to as Public Agency,
having entered into a contract effective July 1, 1965, and witnessed June 1, 1965, and as
amended effective August 15, 1981, November 19, 1983, January 7, 1989, June 24, 1989, June
22, 1991, June 10, 1994 and June 9, 1998 which provides for participation of Public Agency in
said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June
9, 1998, and hereby replaced by the following paragraphs numbered 1 through 13
inclusive:
1. All words and terms used herein which are defined in the Public Employees'
Retirement Law shall have the meaning as defined therein unless otherwise
specifically provided. "Normal retirement age" shall mean age 55 for local
miscellaneous members and age 50 for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from
and after July 1, 1965 making its employees as hereinafter provided, members of
said System subject to all provisions of the Public Employees' Retirement Law
except such as apply only on election of a contracting agency and are not provided
for herein and to all amendments to said Law hereafter enacted except those,
which by express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become members of
said Retirement System except such in each such class as are excluded by law or
this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
. b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as local
miscellaneous members).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
• 4. In addition to the classes of employees excluded from membership by said
Retirement Law, the following classes of employees shall not become members of
said Retirement System:
a. ELECTED OFFICIALS;
b. APPOINTIVE COMMISSIONS; AND
C. PERSONS COMPENSATED ON AN HOURLY BASIS.
5. This contract shall be a continuation of the benefits of the contract of the Morro
Bay Fire District, hereinafter referred to as "Former Agency", pursuant to Section
20508 of the Government Code, Former Agency having ceased to exist and
succeeded by Public Agency on July 1, 1965. Public Agency, by this contract,
assumes the accumulated contributions and assets derived therefrom and liability
for prior and current service under Former Agency's contract with respect to the
Former Agency's employees. Legislation repealed Section 20508, Statutes of
1949, effective January 1, 1988.
6. The percentage of final compensation to be provided for each year of credited
prior and current service as a local miscellaneous member shall be determined in
accordance with Section 21354 of said Retirement Law (2% at age 55 Full).
• 7. The percentage of final compensation to be provided for each year of credited
prior and current service as a local safety member shall be determined in
accordance with Section 21362 of said Retirement Law (2% at age 50 Full).
8. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local police
members only.
b. Section 20965 (Credit for Unused Sick Leave).
C. Section 20042 (One -Year Final Compensation) for local safety members
only.
d. Section 21024 (Military Service Credit as Public Service), Statutes of
1976 for local police members only.
e. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire
members only.
f. Section 20423 ("Local Safety Member" shall include Harbor or Port Police
Officers as described in Government Code Section 20423).
PLEASE DO NOT SIGN "EXHIBIT ON[r
• 9. Public Agency, in accordance with Government Code Section 20790, ceased to be
an "employer" for purposes of Section 20834 effective on August 15, 1981.
Accumulated contributions of Public Agency shall be fixed and determined as
provided in Government Code Section 20834, and accumulated contributions
thereafter shall be held by the Board as provided in Government Code Section
20834.
10. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with respect
to local miscellaneous members and local safety members of said Retirement
System.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Per covered member, $0 per month on account of the liability for the 1959
Survivor Benefits provided under Section 21573 of said Retirement Law.
(Subject to annual change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account, based on
term insurance rates, for survivors of all local police members.
• b. Per covered member, $3.50 per month on account of the liability for the
1959 Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and liabilities of
Public Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local fire members.
C. A reasonable amount, as fixed by the Board, payable in one installment
within 60 days of date of contract to cover the costs of administering said
System as it affects the employees of Public Agency, not including the
costs of special valuations or of the periodic investigation and valuations
required by law.
d. A reasonable amount, as fixed by the Board, payable in one installment as
the occasions arise, to cover the costs of special valuations on account of
employees of Public Agency, and costs of the periodic investigation and
valuations required by law.
12. Contributions required of Public Agency and its employees shall be subject to
adjustment by Board on account of amendments to the Public Employees'
Retirement Law, and on account of the experience under the Retirement System
as determined by the periodic investigation and valuation required by said
Retirement Law.
0
0
13. Contributions required of Public Agency and its employees shall be paid by
Public Agency to the Retirement System within fifteen days after the end of the
period to which said contributions refer or as may be prescribed by Board
regulation. If more or less than the correct amount of contributions is paid for any
period, proper adjustment shall be made in connection with subsequent
remittances. Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the Board.
B. This amendment shall be effective on the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIRE]
KENNETH W. MARZION, CBYF
ACTUARIAL & EMPLOY4 SERVICES DIVISION
PUBLIC EMPLOYEES' REMENT SYSTEM
AMENDMENT
PERCON-702A (Rev. 8\96)
day of , 19_
CITY COUNCIL o
OF THE
CITY OF MORRO BAY
BY
PRESIDING OFFICBIV
A,
q0
Witness lb
Attest:
Clerk
RESOLUTION NO.76-98
A RESOLUTION ANNOUNCING ISSUANCE OF A
BLANKET ENCROACHMENT PERMIT AND
MASTER USE PERMIT FOR
DOWNTOWN BUSINESS ENHANCEMENT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council adopted Resolution No. 104-95 on August 28, 1995 designating the
commercial areas from Kern Avenue to Market Street and from Surf Street to Driftwood Street as "Old Town", a
distinct and unique area of historical value; and
WHEREAS, the stated intent of the "Old Town" designation was to create a definable downtown for our
citizens and businesses to take pride in; and
WHEREAS, the City Council sponsored a mini Regional/Urban Design Assistance Team (R/UDAT) project
in August 1997 to continue the support for stimulating business enhancement for the "Old Town" area; and
WHEREAS, the final R/UDAT report made many suggestions for enhancing the business areas, including
the use of street furniture and planters along storefronts; and
WHEREAS, the City Council funded a test block of street furniture, including benches, planters, trash
• receptacles and bicycle racks, in the core of the "Old Town" area to help stimulate enhancement projects by the
business owners in this area; and
WHEREAS, the City Council desires to continue to support and encourage business enhancement through
the issuance of this Blanket Encroachment Permit and Master Use Permit for the specified improvements and uses
described in Exhibit A, attached and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that
a Blanket Encroachment Permit and Master Use Permit is hereby granted for a period ending December 31, 1998
to all businesses within the designated "Old Town" area, subject to the guidelines described in Exhibit A.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay City, at a regular
meeting held on this 27th day of July, 1998 by the following vote:
AYES: Anderson, Elliott
NOES: None
ABSENT: None
• ATTEST:
BRIDGETT AUER, City Clerk
Peirce, Peters, Novak
1✓ r-,cL-
CATHY NOVAI ,Mayor
.I:l/15/981.XMSOFFICMWINWOROWLAN&BLDU-ORDVOLS68-99.DOC
Exhibit A
Resolution No. 76-98
• GUIDELINES FOR
BLANKET ENCROACHMENT PERMIT
AND
MASTER USE PERMIT
FOR LIMITED USE OF PUBLIC SIDEWALKS OR RIGHT-OF-WAYS
IN THE AREA DESIGNATED "OLD TOWN"
July 27, 1998
Permitted Items
The following items only are allowed on public rights -of -way
I . Planters for live plants only.
2. Benches.
3. Tables and Chairs: allowed only with businesses where food and/or beverage service is the primary use
EXCLUDING businesses that serve alcohol as the primary commodity (i.e., bars and liquor stores).
Nonpermitted Items
This permit does NOT authorize the placement of any merchandise, or signs other than City approved business
identification banners, on public sidewalks or within a public right-of-way.
• Plot Plan and Indemnification Required Prior to Locating Items
Prior to locating any items on a public sidewalk or within a public right-of-way, a plot plan shall be
submitted to the Public Works Department for approval. The plot plan shall indicate the following:
a. The dimension of the building frontage.
b. The location and dimensions of the items to be placed.
c. The location of all doorways, driveways and any public utility poles or fire hydrants.
d. The location and dimension of any existing planters, benches, trash receptacles, bicycle racks or other
tables and chairs located along the building frontage of the proposed business and the adjacent
businesses.
2. Prior to locating any item(s) as allowed by this permit, a document shall be provide in a form acceptable to
the City assuming liability, and indemnifying the City and its officers and officials, employees and
volunteers from and against all claims, damages, losses and expenses including attorney's fees that may
arise out of the issuance of this permit.
Overall Location Criteria
I. A minimum 48 inch wide, unobstructed aisle shall be maintained at all times.
2. Nothing shall be placed that will block access to, or interfere with, entering or exiting any business.
3. Nothing shall be placed that will interfere with parked vehicles or access to the doors of parked vehicles.
Location Criteria for Specific Item Allowed
0 Planters: May be placed against the front of the building or at, or near, the curb.
•
•
•
Resolution No. 76-98
Exhibit A - Permit Guidelines
Page 2
Benches: Benches may be placed against the front of buildings, adjacent to tree wells, or at, or near, the curb and
may not exceed eight (8) feet in length.
No more than two (2) benches are allowed per business.
If placed along the same line, the benches must be at least six (6) feet apart.
Tables & Chairs: (Are permitted only at a business location serving food and/or beverages as a primary use.)
May be placed only along the business edge of the public sidewalk or right-of-way.
No more than two (2) table are allowed per business.
Each allowed table shall be no more than 48 inches in diameter if round, oval or square, or 60 inches
in length if rectangular.
A minimum of 36 inches shall be maintained between tables, if more than one is placed.
General Use Criteria
1. Benches shall be for use of the general public.
2. Businesses placing tables and chairs may designate such for customer use only.
3. Permitted items left in the public right-of-way after dark shall be readily visible to pedestrians.
4. If so directed by an employee of the City, to protect the health, safety and welfare of the public, or for
failure to adhere to the requirements of this permit, any item deemed to be a hazard shall be moved or
removed.
General Maintenance Criteria
1. Any permitted item placed in the public right-of-way shall be maintained for appearance and safety.
2. The owner, or other responsible party in charge, of the business shall ensure prompt removal of all debris,
refuse or trash.
3. At the close of business each day, all tables and chairs shall be removed and stored inside.
4. Planters shall be maintained with live plants at all times. Dead or dying plants shall be removed and
replaced as necessary to maintain an attractive appearance.
5. Furniture to be used by the general public shall be maintained for safety at all times.
• RESOLUTION NO.75-98
A RESOLUTION ESTABLISHING BY LAWS FOR THE
RECREATION AND PARKS COMMISSION
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Public Works Advisory Board established Board Policy and By Laws by
Resolution of the City Council; and
WHEREAS, the Recreation and Parks Commission is currently established with By Laws
and Policy by sections 2.24.010- 2.24.110 of the Municipal Code; and
WHEREAS, the City Council desires to streamline the Board and Commission process and
update current By Laws;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
does hereby adopt the Recreation and Parks Commission By Laws attached hereto and incorporate
• herein by reference.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay
on the 271 day of July, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
pbe 1511011111]. �•
0
CATHY NO C, Mayor
• CITY OF MORRO BAY
RECREATION AND PARKS COMMISSION
BYLAWS
PURPOSE AND AUTHORITY OF THE COMMISSION
The duties and responsibilities of the Recreation and Parks Commission shall be to:
A. Act in an advisory capacity to the city council in all matters pertaining to parks and public
recreation and to cooperate with other governmental agencies and civic groups in the
advancement of sound recreation and parks planning and programming;
B. Formulate policies on recreation services for approval by the city council;
C. Recommend to the city council the development of recreational areas, parks, facilities,
programs and improved recreation services;
D. Recommend to the city council the adoption of standards concerning recreation and parks
in respect to organization, personnel, areas and facilities, program and financial support;
• E. Advise the Recreation and Parks Director in the preparation of the annual parks maintenance,
park improvement and recreation budgets and long range recreation and parks facilities
improvements;
F. Adopt rules and regulations governing the use of recreation areas and facilities consistent
with ordinances of the city for the safe use of city parks and facilities; provided, however,
that the adoption of said regulations shall be reported to the city council at its first regular
meeting following the adoption of said regulation. City council may repeal said regulation
by majority vote if deemed unnecessary, unreasonable or not int he best interests of the city;
G. Hold public hearings and meetings to conduct investigations and surveys for the purpose of
securing facts and data concerning parks and public recreation.
11
• RECREATION AND PARKS COMMISSION BYLAWS
PAGE
The Recreation and Parks Commission shall consist of seven (7) voting members. Appointments
to the Commission and filling of vacancies shall be made by the City Council and shall be a
representative cross-section of both lay and professional knowledge. At least five (5) members shall
be qualified voters of the City of Morro Bay, the remaining two (2) members may or may not be
qualified voters of the City of Mono Bay. Two (2) members shall represent special groups; one a
youth serving organization and one a senior adult service organization. However, the representative
does not need to belong to any group that represents those needs.
TERMS OF OFFICE
Members of the Commission shall serve for a period of four (4) years commencing January 3 V.
Appointments shall be made in such a manner so as no more than four (4) members' terms expire
concurrently. Unanticipated vacancies shall be filled for the duration of the unexpired term only.
QUALIFICATIONS
• Members of the Recreation and Parks Commission shall serve without compensation.
ABSENCE FROM MEETINGS
Absence of a Commission Member from three (3) consecutive meetings without formal consent of
the Commission as noted in its official minutes will constitute the voluntary resignation of the absent
member and the position will be declared vacant.
ORGANIZATION
At its regular meeting in January or at its first regular meeting in February of each year, the
Commission Members shall elect a Chair and a Vice -Chair who shall hold office for a period of one
(1) year. The Chair shall preside over meetings, sign resolutions, establish the meeting agenda,
appoint appropriate sub -committees and direct the affairs of the Commission. In the absence of the
Chair, the duties of the office shall be performed by the Vice -Chair. The City of Morro Bay staff
shall maintain accurate minutes and official activities of the Commission.
LEGAL REFERENCE
The Recreation and Parks Commission agendas, reports, meetings and any and all actions shall be
governed by the requirements of the Brown Act, as amended.
0
• RECREATION AND PARKS COMMISSION BYLAWS
PAGE
QUORUM
A majority of the voting members of the Recreation and Parks Commission constitutes a quorum.
Regular meetings of the Recreation and Parks Commission shall be held at the Morro Bay
Community Center, 1001 Kennedy Way, Morro Bay, on the second Thursday of each month at 6:00
p.m. or as agreed by the Commission. The meetings shall be open to the public. The Chair may
close meetings to public comment by consensus if it impedes the progression of the meeting.
CITY STAFF
The Director of Recreation and Parks or her/his official delegate shall be responsible for preparing
agendas, reports and minutes pertaining to the Recreation and Parks Commission business and shall
attend the Commission meetings.
ROBERTS' RULES OF ORDER
• In all matters and things not otherwise provided for in the Bylaws, the proceedings of the
Commission shall be governed by "Roberts' Rules of Order," revised edition. The Recreation and
Parks Commission can not negate a City Council action that pertains to the Commission by failure
to follow Roberts' Rules of Order.
BYLAWS AMENDMENTS
All amendments to the Recreation and Parks Commission Bylaws shall be approved by the City
Council.
W /c Miavnbyla
40
• RESOLUTION NO.74-98
A RESOLUTION ESTABLISHING BY LAWS FOR THE
HARBOR ADVISORY BOARD
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Public Works Advisory Board established Board Policy and By Laws by
Resolution of the City Council; and
WHEREAS, the Harbor Advisory Board is currently established with By Laws and Policy
by sections 15.48 of the Municipal Code; and
WHEREAS, the City Council desires to streamline the Board and Commission process and
update current By Laws;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay
does hereby adopt the Harbor Advisory Board By Laws attached hereto and incorporate herein by
reference.
• PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay
on the 27' day of July, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
utw/Cq dVm74-98
0-
04�;t.-
CATHY NOVkK, Mayor
CITY OF MORRO BAY
HARBOR ADVISORY BOARD
BY LAWS
Purpose and Authority of the Board
The Harbor Advisory Board is established to review, advise and recommend to the City
Council on items pertaining to the City Harbor. These include, but are not limited to:
A. Use, control, promotion and operation of vessels and watercraft within the
harbor, docks, piers, slips, utilities and publicly -owned facilities as a part of the
City's Harbor, and water commerce, navigation, or fishery in the Harbor.
B. Review and recommend rules and regulations pertaining to any of the matters
listed in subsection A of this section.
C. Review and recommend rates, tolls, fees, rents, charges or other payments to be
made for use or operation of the Harbor.
D. The Board shall make reports and recommendations to the various city boards,
commissions or the City Council on matters relating to activities within the harbor
when so requested to review items referred by other city boards, commissions or
• the City Council. Such reports and board recommendations will be included in
presentations before the City Council.
_Appointments
The Harbor Advisory Board shall consist of seven (7) voting members of which 4 must
be qualified electors of the City of Morro Bay. The City Council will attempt to select
members from the following categories:
Morro Bay Commercial Fishermen's Association
Waterfront Leasholders
Marine Oriented Business
Recreational Boating
Three Members at Large (one of which shall be a representative of the South
Bay/Los Osos area)
Terms of Office
The initial terms of four members shall expire January 31, 1997 and the terms of the three
members shall expire January 31, 1996. Members of the Board shall serve for a period
of four (4) years commencing January 31. Appointments shall be made in such a manner
so as no more than four members' terms expire concurrently. Unanticipated vacancies
• shall be filled for the duration of the unexpired term only.
Qualifications
Members of the Harbor Advisory Board shall serve without compensation.
Absence from Meetings
Absence of a Board Member from three (3) consecutive meetings without formal consent
of the Board as noted in its official minutes will constitute the voluntary resignation of the
absent member and the position will be declared vacant.
Organization
At its regular meeting in January or at its first regular meeting in February of each year, the
Board Members shall elect a Chair and a Vice -Chair who shall hold office for a period of
one year. The Chair shall preside over meetings, appoint appropriate sub -committees and
direct the affairs of the Board. In the absence of the Chair, the duties of the office shall be
performed by the Vice -Chair. The City of Morro Bay staff shall maintain accurate minutes
and official activities of the Board.
Legal Reference
The Harbor Advisory Board's agendas, reports, meetings and any and all actions shall be
governed by the requirements of the Brown Act, as amended.
Quorum
A majority of the voting members of the Harbor Advisory Board constitutes a quorum.
• Meetings
Regular meetings of the Harbor Advisory Board shall be held at the Morro Bay Library
Community Room, 625 Harbor ST, Morro Bay, on the first Thursday of each month at 7:00
p.m. or as agreed by the Board. The meetings shall be open to the public. The Chair may
close meetings to public comment.
City Staff
The Harbor Director or his official delegate shall be responsible for preparing agendas,
reports and minutes pertaining to the Harbor Advisory Board business and shall attend the
Board meetings.
Roberts' Rules of Order
In all matters and things not otherwise provided for in the by-laws, the proceedings of the
Board shall be governed by "Roberts' Rules of Order," revised edition. However, no
ordinance, resolution, proceeding or other action of the City Council pertaining to the Board
shall be invalidated or the legality thereof otherwise affected by the failure or omission to
observe or follow said rules.
By -Laws Amendments
All amendments to the Harbor Advisory Board By -Laws shall be approved by the City
• Council.
RESOLUTION NO.73-98
• TERMINATION OF LEASE AGREEMENT BETWEEN THE CITY AND MING
DYNASTY FOR LEASE SITE 129W-133W AND APPROVAL OF A ONE YEAR LEASE
AGREEMENT BETWEEN THE CITY AND MING DYNASTY FOR A PORTION OF
LEASE SITE 132W AND 133W
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 129W-133W; and,
WHEREAS, Ming Dynasty is the lessee of said property; and,
WHEREAS, the City and Ming Dynasty have mutually agreed to terminate the existing
lease agreement for said property and enter into a new lease agreement for the northerly 50 feet
of the dock area; and,
WHEREAS, the City will reserve the right to lease out the entire area to a full -service
fish buyer operation with Ming Dynasty having conditional first right of refusal unless the area is
to be operated by a non-profit or fishermen's cooperative.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay that the lease agreement for a portion of Lease Site 129W - 133W is hereby terminated.
BE IT FURTHER RESOLVED that the one year lease agreement for a portion of Lease
Site 132W and 133W is hereby approved.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 27'^ day of July, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
CATHY NOVAK, MAYOR
0
RESOLUTION NO. 72-98
• RESOLUTION GRANTING A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
THE CITY COUNCIL,
City of Morro Bay, California
WHEREAS, THE City Council finds that The Yellow Cab Company has made an
application for a Certificate of Public Convenience and Necessity; and
WHEREAS, Morro Bay Municipal Code Chapter 5.24 authorizes the City Council to
grant a Certificate of Public Convenience and Necessity under appropriate findings; and
WHEREAS, The City Council has determined that the Yellow Cab Company has the
requisite background, experience and financial responsibility to conduct a taxicab service; and
WHEREAS, The City Council finds that taxicab service is necessary and will provide a
benefit to the public; and
WHEREAS, The City Council has determined and set the rates for taxi service in Morro
• Bay at $2.00 per "Flag drop" and $2.00 per mile, with a special one-way rate set for handicapped and
seniors of a flat $6.00, or the actual meter reading, whichever is less.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay
that the Yellow Cab Company be granted a Certificate of Public Convenience and Necessity to
operate a taxicab service in the City of Morro Bay.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof this 27" day of July, 1998, by the following vote;
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None CAt:n2� 0"(t --
CATHY NOV MAYOR
ABSENT: None
ATTEST:
• 0
BRIDGET AUER, City Clerk
interoffice
MEMORANDUM
To: COP Joe Loven
From: Sgt. Dale Salyer
Subject: APPLICATION FOR CERTIFICATION OF PUBLIC CONVENIENCE
AND NECESSITY (CR# 98061510)
Date: July 17, 1998
BUSINESS NAME:
Yellow Cab Company
P.O. Box 629
Oceano, CA 93445
• 805 489-1155/805 543-1234
Owner:
Guy L. Munson
140 South Doliver
Pismo Beach, CA 93449
805 773-4750
Anthony Romero
946 West Harding
Santa Maria, CA 93454
805 896-2527
The applicants are currently serving the following cities in San Luis Obispo County, Pismo Beach
- Grover Beach - Arroyo Grande - San Luis Obispo. There is no disqualify information in this
area.
Proposed Vehicles for Service:
1991 Ford LTD License Number 5S48469 Designated number 001
Lincoln Designated number 007
u
• Page 2
July 17, 1998
Color scheme is primarily gold with black, block lettering depicting the name of the company, the
cab number, and the phone number of the company. The owner has proposed that the city of
Morro Bay would be serviced 24 hours a day. Two vehicles would be in operation between 5:00
am to 11:00 pm. One vehicle would be in operation between 11:00 pm and 5:00 am.
The two proposed vehicles appeared to be of sound mechanical condition. The interiors and
exteriors were clean. No body damage was seen on either vehicle. No disqualifying information
in this area. (Romero did state that he was considering replacing cab 007 with another vehicle.
He was advised of the procedures that would be involved in replacing cab 007.)
Facts supporting approval of Certificate:
Romero has stated that his company receives many calls for service each month ( approximately
10 calls per day). He stated that the surrounding area is serviced by the Yellow Cab Company
and that he believes that it is a natural step to include the city of Morro Bay.
Rates:
• The rates proposed by Romero are the same basic rates that is charged in the other cities that the
Yellow Cab Company services. The rates are:
$2.00 per flag drop and $2.00 per mile
Special rates for seniors and the disabled would also be available. As of this time, the special rates
vary. In the Five Cities area the special rate is a flat $6.00 or the actual meter reading, depending
on which is less. In the City of San Luis Obispo, the special rate is slightly higher at $7.00 or the
actual meter reading, depending on which is less. The special rate applies only to one way trips.
Insurance:
See the attached copy of the Yellow Cab Company insurance policy.
is
;� 'e•�t�'ti
�j�� - - _.
�
-- 'lam...-y i r L= ` r_. r
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i7.1
rf'
DECLARATIONS FOR A BUSINESS AUTO
AMENDED 04/26/98
ITEM ONE Named Insured and Address
ANTHONY & SOPHIA ROMERO
OBA: YELLOW CAB
838 ALEJANDRO
ARROYO GRANDE CA
oducer Code: .050
Page 7
Policy No: CB 080964-7
Producer Name and Address
CALIFORNIA MERIDIAN
INSURANCE AGENCY
5806 TRAFFIC WAY
93420 ATASCADERO CA 93422
Broker: 770357533
Report Basis:
Policy Period: From 12/23/97 to 12/23/98 at 12:01 A.M. Standard Time at your mailing address shown above.
Insurer Company and Code: CAL EAGLE INSURANCE COMPANY
Named Insured's Business: TAXI SERVICE
Form of Business: INDIVIDUAL ADDITIONAL PREMIUM $2,683
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE
WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY
ITEM TWO
SCHEDULE OF COVERAGES AND COVERED AUTOS
This policy provides only those coverages where a charge is shown in the premium column on the covered autos schedule. Each of these
coverages will apply only to those autos' shown as covered "autos." "Autos' are shown as covered "autos" for a particular coverage by
the entry of one or more symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the
e age.
COVERED .AUTOS
LIMIT
COVERAGES
(Entry of one or more of the
symbols from the COVERED AUTOS
THE MOST WE WILL PAY FOR ANY ONE
Section of the Business Auto
ACCIDENT OR LOSS
Coverage Form shows which autos
are covered autos)
LIABILITY
BODILY INJURY
7
500,000 PER PERSON
1,000,000 PER ACCIDENT
PROPERTY DAMAGE
100,000 PER ACCIDENT
PERSONAL INJURY PROTECTION
Separately stated in each PIP endorsement
quivalent No—fault coverage)
WED PERSONAL INJURY PROTECTION
Separately stated in each added PIP endorsement
(or equivalent added No—fault coverage)
PROPERTY PROTECTION INSURANCE
Separately stated in the P.P.I. endorsement
(Michigan only)
AUTO MEDICAL PAYMENTS
UNINSURED MOTORISTS
7
30,000 PER PERSON
60,000 PER ACCIDENT
UNDERINSURED MOTORISTS
(When not included in Uninsured
Motorists Coverage)
PHYSICAL DAMAGE
ACTUAL CASH VALUE OR COST OF REPAIR. WHICHEVER
COMPREHENSIVE COVERAGE
NOT AVAILABLE
IS LESS MINUS $ Ded. FOR EACH COVERE
IN CALIFORNIA
AUTO. BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED
BY FIRE OR LIGHTNING. See ITEM FOUR for hired or
borrowed "autos."
PHYSICAL DAMAGE SPECIFIED
ACTUAL CASH VALUE OR COST OF REPAIR. WHICHEVER
CAUSES OF LOSS COVERAGE
NOT AVAILABLE
IS LESS MINUS $ 25. Ded. FOR EACH COVERED AUTO
IN CALIFORNIA
FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. See
ITEM FOUR for hired or borrowed "autos.'
PHYSICAL DAMAGE
NOT AVAILABLE
ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER
COLLISION COVERAGE
IN CALIFORNIA
IS LESS MINUS $ Ded. FOR EACH COVERE
AUTO. See ITEM FOUR for hired or borrowed autos.'
PHYSICAL DAMAGE
NOT AVAILABLE
$ for each disablement of a private passenger auto.
TOWING AND LABOR
IN CALIFORNIA
(Not available in California)
• VEHICLE $5, 92 FORD (7989)
CA 00 03 12 93
Batch Rep Cur Date Run Seq End Last Run Eff Date Pages Yr INSURED
F05228 E G 98126 65 005 98104 04/26/98 422 97
RPD
RESOLUTION NO. 71-98
• RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING BY-LAWS FOR THE
COMMUNITY PROMOTIONS COMMITTEE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, tourism is essential to the economic health and quality of life of the
City of Morro Bay; and
WHEREAS, the Community Promotions Committee was re -constituted in early
1991 by City Council Resolution Nos. 02-91, 32-91 and 21-96. The purpose of the
Committee is to provide input and recommendations to the Morro Bay City Council on
policies and expenditure programs to advertise and promote Morro Bay and its special
events as a tourist destination point in geographic and demographic areas outside the
boundaries of San Luis Obispo County.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
• Morro Bay, California, do hereby adopt the Community Promotions Committee By -
Laws.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 27th day of July, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ATTEST:
♦ram--1 -:: l ! _� 1
C'419101 mill]:
0
CATHY NOVAK, Mayor
CITY OF MORRO BAY
• COMMUNITY PROMOTIONS COMMITTEE
BY-LAWS
MISSION STATEMENT
Tourism is essential to the economic health and quality of life of this community. The
Mission of this Committee is to increase tourism to Morro Bay through marketing and
advertising.
PURPOSE AND AUTHORITY OF THE COMMITTEE
The Community Promotions Committee was re -constituted in early 1991 by City Council
Resolution Nos. 02-91, 32-91 and 21-96. The purpose of the Committee is to provide input
and recommendations to the Morro Bay City Council on policies and expenditure programs
to advertise and promote Morro Bay and its special events as a tourist destination point in
geographic and demographic areas outside the boundaries of San Luis Obispo County.
The Community Promotions Committee shall be comprised of up to seven (7) members, four
of which must be qualified electors of the City of Morro Bay. Appointments to the
• Committee and filling of vacancies shall be made by the City Council. Committee members
shall serve at the pleasure of the City Council. Members shall serve without compensation,
and shall hold no other public office in the City.
TERMS OF OFFICE
Members of the Community Promotions Committee shall serve for a period of four (4) years
commencing January 31 st in the year specified when members are appointed. Appointments
shall be made in such a manner so as no more than three members' terms expire concurrently.
Unanticipated vacancies shall be filled for the duration of the unexpired term only.
ABSENCE FROM MEETINGS
Absence of a Committee Member from three (3) consecutive meetings without formal
consent of the Committee as noted in its official minutes will constitute the voluntary
resignation of the absent member and the position will automatically be declared vacant for
appointment of a replacement by the City Council.
RESIGNATION
Should a member wish to resign from the Committee at any time during one's term of office,
• a letter of resignation submitted to the City Council is expected courtesy.
ORGANIZATION
• At the last regular meeting in December, or first meeting in January of each year, the
Committee Members shall elect a Chairperson and Vice -Chairperson who shall hold office
for a period of one year. The Chairperson shall preside over meetings, appoint appropriate
sub -committees, and direct the affairs of the Committee. In the absence of the Chairperson,
duties of the office shall be performed by the Vice -Chairperson. If both the Chair and Vice -
Chair are absent, the remaining quorum shall appoint one member to preside at that meeting.
The City of Morro Bay staff will maintain action minutes of the official activities of the
Committee.
The Community Promotions Committee's agendas, reports, meetings and any and all actions
shall be governed by the requirements of the Brown Act, as amended.
A majority of the voting members of the Community Promotions Committee shall constitute
a quorum.
• Regular meetings of the Community Promotions Committee shall be held at the Morro Bay
Community Center Senior Lounge, 1001 Kennedy Way, Morro Bay, on the third Wednesday
of each month at 6:00 p.m. or as agreed by the Committee. The meetings shall be open to the
public. The Chair may close meetings to public comment, provided that it is consistent with
the Brown Act.
CITY STAFF
The City Manager or his official delegate shall be responsible for preparing agendas, reports,
and minutes pertaining to the Community Promotions Committee business and shall attend
the Committee meetings.
In all matters and things not otherwise provided for in the by-laws, the proceedings of the
Committee shall be governed by "Roberts' Rules of Order," revised edition. However, no
ordinance, resolution, proceeding or other action of the City Council pertaining to the
Committee shall be invalidated or the legality thereof otherwise affected by the failure or
omission to observe or follow said rules.
BY-LAW AMENDMENTS
All amendments to the Community Promotions Committee By -Laws shall be approved by
the City Council.
2
. RESOLUTION NO. 70-98
RESOLUTION AMENDING RESOLUTION NO. 89-97
GRANTING ONE TO FOUR YEARS ADDITIONAL SERVICE CREDIT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Council adopted Resolution No. 89-97 on December 8, 1997 granting three
years additional service credit for retirement purposes; and
WHEREAS, said resolution established December 9, 1997 through April 9, 1998 as the
period in which eligible members must retire to be entitled to the additional credit; and
WHEREAS, Public Employees Retirement System has advised that Section 20903.5 of
the Public Employees' Retirement Law requires the last day of the window period cannot exceed
April 6, 1998.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 89-97 shall be amended to
establish the period in which eligible members, who meet the conditions, must retire to be
• entitled to the additional credit to begin on December 9, 1997 and end on April 6, 1998.
BE IT FURTHER RESOLVED that all other provisions of said Resolution shall remain
in full force and effect.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof
held on the 27" day of July, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
ABSTAIN: None
CATHY NOVXK, Mayor
ATTEST:
6"a -��
BRIDGETT AUER, City Clerk
0
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
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 Mono 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:
DAVID HUNT, City Attorney
ATTEST:
jMC,jB—A—U-1!R, City Clerk
n�
CATHY N VAK, Mayor
=PERS
Actuarial & Employer Services Division
P.O. Box 942709
• Sacramento, CA 94229-2709
Telecommunications Device for the Deaf - (916) 326-3240
(916) 326-3420 FAX (916) 658-1586
June 5, 1998
Ms. Ardith Davis
Personnel Officer
City of Morrow Bay
595 Harbor Street
Morrow Bay, CA 93442
Dear Ms. Davis:
JUKI - 81998
Employer Code #0531
Reply to Section 230
Per our conversation, the City's Resolution adopted December 8, 1997 to provide One
to Four Years Additional Service Credit for local miscellaneous members will need to be
amended.
Section 20903.5 of the Public Employees' Retirement Law requires that the last day of
the window period is not more than 120 days after the governing body's adoption of the
•
resolution. The window period specified on the City's Resolution was December 9, 1997
through April 9, 1998, which exceeds the 120 day limitation. The last day of the window
period can not exceed April 6, 1998.
Since Mr. Ramos retired on December 31, 1997, please be sure that the amended
window period includes this date.
For your convenience, I've enclosed a copy of Section 20903.5. We apologize for not
informing you of this error earlier. If you have any questions or need further information,
please contact me at (916) 326-3434.
Sincerely,
Dana Hlawaty
Employer Representative
DLH:dh
• Enclosures
California Public Employees' Retirement System
Lincoln Plaza - 400 P Street - Sacramento, CA 95814
• § 20903.5. Early Retirement Local Members Certain Fiscal Years
(a) Notwithstanding Section 20903 or any other provision of this part, for only the 1994-95, 1995-96,
and 1996-97 fiscal years, when the governing body of a contracting agency, other than a school
employer, determines that because of an impending curtailment of service, 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 additional service
credit if the following conditions exist:
(1) The member meets the age and service requirements of Section 21060, is credited with 10 or more
years of service, and retires on service retirement on or before a date determined by the governing body
that is within a period that is not more than 120 days after the governing body's adoption of the
resolution.
(2) The governing body agrees to transmit to the retirement fund an amount determined by the board
that is equal to the actuarial equivalent of the difference between the allowance the member receives
after the receipt of service credit under this section and the amount the member would have received
without that service credit and any administrative costs incurred by this system in a manner and time
period acceptable to the governing body and the board. However, the payment period shall not exceed
five years. If payment in full is not received within 30 days of the invoice, regular interest shall be charged
on any unpaid balance.
(b) (1) The resolution shall specify the categories of employees that are eligible to receive the
additional service credit and the departments, programs and position classifications in which employee
• members would be eligible for the additional service credit.
(2) The resolution shall specify the period of eligibility, and the amount of additional service in whole
years. The amount of additional service credit shall not be more than four years.
(c) (1) The governing body shall certify either that sufficient positions have been deleted whose total
cost equals or exceeds the lump -sum actuarial cost of the additional service credit granted or that all
positions vacated due to the additional service credit granted pursuant to this section shall remain vacant
for at least five years and until the lump -sum actuarial cost of the additional service credit granted has
been recaptured from position vacancy salary savings.
(2) The governing body shall certify to the board the extent to which savings will exceed necessary
payments to the board, the specific measures to be taken to assure that outcome, and that the agency
has complied with Section 7507. The board may require the governing body to provide verification of its
certification through independent review.
(d) At the time the governing body has achieved savings that are more than adequate to meet
necessary payments to the board, or five years after commencement of the retirement period specified in
paragraph (1) of subdivision (a), whichever occurs first, the governing body shall certify to the board the
amount of actual savings and the measures taken to achieve the savings. The governing body shall
maintain records for each worker retiring pursuant to this section. The board may require the governing
body to provide verification of its certification through independent review. The board shall report these
certifications to the Controller, who shall summarize the cost and savings information therein for inclusion
in his or her annual report prepared pursuant to Sections 7501 through 7504. The Controller shall perform
a postaudit to verify that the savings equal or exceed the lump -sum actuarial cost of the additional service
granted pursuant to this section. The local contracting agency shall pay the cost of the postaudit.
(e) This section shall not be applicable to any member otherwise eligible if the member receives any
. unemployment insurance payments arising out of employment with an employer subject to this part
during a period extending two years beyond the date of issuance of the governing body's determination
or if the member is not eligible to retire without the additional credit available under this section.
• (f) Any member who qualifies under this section, upon subsequent reentry into this system or upon any
subsequent service under contract or any other basis, shall forfeit the service credit acquired under this
section. Any member who qualifies under this section shall not receive temporary reemployment as an
annuitant with the public agency from which he or she has received credit under this section for five years
following the date of retirement.
(g) No additional service credit shall be granted pursuant to this section on or after July 1, 1997.
(Added by Slats. 1995, Ch. 379.)
CITY COUNCIL RESOLUTION NO. 69-98
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 1998-99
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-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 22, 1998 by adoption of Resolution No. 60-98; and
WHEREAS, at their July 13, 1998 regular meeting, the City Council awarded the sum
of $50,000 to Sequoia Affordable Housing Associates from the City's' Affordable Housing In -
Lieu Account.
NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of
Morro Bay are amended by the addition of an appropriation of $50,000 from the Affordable
Housing In -Lieu Account (Account Number 515-1111-2617).
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro
Bay, on the 27th day of July, 1998, by the following vote to wit:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
c
CATHY NO AK, Mayor
BRIDGET" BAUER, City Clerk
my 15, IWt
RESOLUTION NO.68-98
A RESOLUTION AWARDING CONTRACT FOR SERVICES TO
CRAWFORD, MULTARI & CLARK ASSOCIATES FOR
PREPARATION OF AN UPDATE AND CONSOLIDATION OF THE
LOCAL COASTAL PROGRAM AND GENERAL PLAN
THE CITY COUNCIL
City of Mono Bay, California
WHEREAS, the City Council has recognized the need to periodically review and update
the Local Coastal Program and General Plan to reflect the ongoing and changing needs of the
community; and
WHEREAS, the City was successful in obtaining a Coastal Resources Grant in the amount
of $65,000 from the Resources Agency of California to assist in funding a comprehensive update
of the Local Coastal Program and General Plan; and
• WHEREAS, upon completion of the agreement to receive the grant funds on April 3, 1998
the City solicited proposals for preparation of the update and consolidation of the Local Coastal
Program and General Plan; and
WHEREAS, three proposal were received on or before the submittal deadline of 5:00 p.m.,
May 22, 1998; and
WHEREAS, said proposals were reviewed by a Selection Panel on June 26, 1998 and
Crawford, Multari & Clark Associates (Consultant) has been determined to be the most qualified
to perform the work; and
WHEREAS, Consultant has the management and technical personnel, professional
expertise and other assets to provide the requested services associated with the update and
consolidation of the Local Coastal Program and General Plan; and
WHEREAS, the City desires to retain Consultant to provide the requested services, and
Consultant desires to provide said services.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mono
Bay, California, to award the Contract for Services for the update and consolidation of the Local
• Coastal Program and General Plan to Crawford, Multari & Clark Associates.
City Council Resolution No. 68-98
Page 2
BE IT FURTHER RESOLVED, the City Manager is hereby directed to execute a
Contract for Services with Crawford, Multari & Clark for the project described herein.
PASSED, AND ADOPTED, by the City Council of the City of Morro Bay City, at a
regular meeting held on this 13th day of July, 1998 by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None
CATHYNOVAI ,Mayor
ATTEST:
• BRIDGETT YAUER, City Clerk
ml:1 /15/9&\SAMSOFFICE\W INWORD\PLAN&BLD\RES-0RD\RES68-98.D0C
2
• RESOLUTION NO.67-98
APPROVAL OF $50,000 GRANT CONTRACT WITH
THE DEPARTMENT OF BOATING AND WATERWAYS AND AUTHORIZATION TO
PURCHASE A BARE HULL FROM H&F CUSTOM BOATS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay Harbor Department is responsible for boating law
enforcement and search and rescue operations within the City's jurisdiction; and,
WHEREAS, patrol boat CF 1505 XC, a 1978 Radon, is no longer serviceable and needs to
be replaced; and,
WHEREAS, the Department of Boating and Waterways provides funding for local agencies
to purchase and equip vessels however they will only fund purchase of aluminum hull vessels which
are not suitable for the salt water environment, therefor the City has opted to purchase a bare hull
and apply for a grant to outfit and equip the vessel; and
WHEREAS, the City has located a suitable bare hull at a cost of approximately $10,000 with
trade in of the 1978 Radon at H&F Custom Boats; and
WHEREAS, the City's grant application for $50,000 to outfit and equip a new harbor patrol
• vessel has been accepted and the grant contract must be executed by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay
that the Harbor Department is hereby authorized to surplus out as a trade in, CF 1505 CX, to H&F
Custom Boats, and to purchase a bare hull from H&F Custom Boats with funding set aside in
account 911-9814, Harbor Patrol Boat Replacement.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the grant
contract with DB W to outfit and equip the harbor patrol vessel and that the Harbor Director is hereby
authorized to act as the City's agent in regards to said contract.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting held thereof on the 13' day of July, 1998, by the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None 1
CATHY NOUK, MAYOR
F��ud�e��t.1N VJO�.WI�/
BRIDGETTWUER, CITY CLERK
0
RESOLUTION NO. 66-98
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
CALLING A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 3,1998
FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS
OF SAID CITY; AND REQUESTING THE BOARD OF
SUPERVISORS OF SAN LUIS OBISPO COUNTY TO
CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED
DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON
TUESDAY, NOVEMBER 3, 1998; AND OTHER ELECTION
MATTERS AS REQUIRED BY LAW
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, under the provisions of the laws relating to general law cities in the
State of California, a regular general municipal election shall be held every two years for
• the election of two (2) members of the City Council of said City for the full term of four
years, and for the election of one (1) Mayor of the City Council of said City for the full
term of two years; and
WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is
desirable that said general municipal election be consolidated with the statewide general
election to be held on November 3, 1998 and that within the City of Morro Bay the
precincts, polling places and election officers be the same, and that the San Luis Obispo
County Clerk canvass the returns of the general municipal election and that said statewide
general election and general municipal election be held in all respects as if there were
only one election; and
WHEREAS, pursuant to Elections Code Section 9222, the City Council may
submit to the voters, without a petition therefor, a proposition for the enactment of any
ordinance, to be voted upon at any succeeding regular or special city election, and if the
proposition submitted receives a majority of the votes cast on it at the election, the
ordinance shall be enacted accordingly.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mono Bay, California, as follows:
40 1. There is hereby called and ordered in the City of Mono Bay, County of San Luis
Obispo, State of California, on Tuesday, November 3, 1998, a general municipal
election of the qualified electors of the City, to be consolidated with the statewide
Resolution No. 66-98
Page Two
general election, to vote for the election of two (2) members of the City Council
for the full term of four years, and for the election of one (1) Mayor of the City
Council for the full term of two years; and
2. Pursuant to the requirement of Section 10403 of the Elections Code, the San Luis
Obispo County Board of Supervisors be and is hereby respectfully requested to
consent and agree to the consolidation of the general municipal election with the
statewide general election to be held on Tuesday, November 3, 1998; and
3. The County Clerk is hereby authorized to canvass the returns of said general
municipal election to be consolidated with said statewide general election, and
said election shall be held in all respects as if there were only one election, and
only one form of ballot shall be used; and
4. Said Board of Supervisors is hereby requested to issue instructions to the County
Clerk to take any and all steps necessary for holding of said consolidated election;
and
5. The City of Morro Bay recognizes that additional costs will be incurred by the
• County by reason of this consolidation and agrees to reimburse the County for any
such costs attributed to Morro Bay's consolidation with the statewide general
election; and
6. The City Council hereby determines if two or more persons running for the same
City office receive an equal and highest number of votes resulting in a tie vote, the
person elected to City office shall be resolved by lot; and
7. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy
of this Resolution with the San Luis Obispo County Clerk and the County Board
of Supervisors.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 13th day of July, 1998 on the following vote:
AYES: Anderson, Elliott, Peirce, Peters, Novak
NOES: None
ABSENT: None_
CATHY NOVA C, Mayor
ATTEST:
BRIDGET BAUER, City Clerk