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Resolution 01-99 to 84-99
r 1 u LJ RESOLUTIONS MT;I NO. TITLE ADOPTED 78-99 Relating to the Classification, Compensation and Terms of Employment for Confidential Employees 79-99 Authorizing the City to Piggy -Back Onto a Competitive Bid by the City of Lompoc for Contract Tree Maintenance Services 80-99 Approving Grants From DBW for The Improvement of the Tidelands Dock Vessel Sewage Pumpout 81-99 Accepting David Cole's Resignation As City Manager and Approving Appointment of Robert Hendrix as Interim City Manager 82-99 Designating Parking In -Lieu Funds For Property Acquisition of 1055 Morro Avenue 83-99 Relating to the Classification, Compensation and Terms of Employment of Management Employees 84-99 Approving Contract for Interim City Manager and Authorizing the Mayor to Execute the Contract IiQWI= 11-08-99 11-08-99 11-22-99 12-13-99 12-13-99 12-13-99 • RESOLUTIONS 1999 NO. TITLE ADOPTED 70-99 Declaring the City's Intent for an Annexation to Storm Drain Maintenance District No. 1 08-23-99 71-99 VOID 72-99 VOID 73-99 Approving the Annexation and Assessment to Storm Drain • Maintenance No. 1 09-27-99 74-99 Approval of a Sublease for a Portion of Lease Site 128-128W 09-27-99 75-99 Amending the Operating and Capital Improvement Budgets and Making Supplemental Appropriations for Fiscal Year 1999/2000 09-27-99 76-99 Acceptance of an Offer of Dedication To the City for Sidewalk and Handicap Ramp Purposes on Main Street at the Northeast Corner of the Intersection of Nevis and Nassau Streets 09-27-99 77-99 Supporting Proposed Harbors of Safe Refuge Legislation 10-11-99 11 • RESOLUTIONS 1999 NO. TITLE ADOPTED 63-99 Relating to the Classification, Compensation and Terms of Employment of Police Employees 07-26-99 64-99 Approving a Six -Month Lease Agreement for a Portion of Lease Site 132W-133W 07-26-99 65-99 Approving the Form of the Lease/ Purchase Agreement with Zions • First National Bank, Salt Lake City, Utah and Authorizing the Execution And Delivery by the Finance Director 07-26-99 66-99 Approving Entering into Cooperative Agreement with SLOCOG 08-23-99 67-99 VOID 68-99 VOID 69-99 Assigning Responsibility to the Public Services Director for Duties Of City Engineer, Chief Building Official, Community Development Director, Planning Director, and Public Works Director 08-23-99 11 . RESOLUTIONS 1999 NO. TITLE ADOPTED 57-99 Approving the Application for Grant Funds for the Coastal Resources Grant Program — Rebuilding the Restroom Facility at Morro Rock 06-28-99 58-99 Ordering the Levy of the Annual Assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District 06-28-99 • 59-99 Ordering the Levy of the Annual Assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District 06-28-99 60-99 Approving a Sublease for a Portion Of Lease Site 87-88/87W-88W 06-28-99 61-99 Relating to the Classification, Compensation and Terms of Employment of Miscellaneous Employees 07-26-99 62-99 Relating to the Classification, Compensation and Terms of Employment of Morro Bay Firefighters 07-26-99 Cl RESOLUTIONS 1999 NO. TITLE ADOPTED 51-99 Authorizing an Agreement with San Luis Obispo County Division of Animal Services to Provide Animal Control Services to the City for the 1999/2000 Fiscal Year 06-28-99 52-99 Approving an Easement Agreement Between the City and PG&E for the Purposes of the Main Street Bike Path And Blending Pipeline for Quitclaim • Of a Prior Easement Agreement 06-28-99 53-99 Authorizing and Directing Designation Of a 20-Minute Parking Limitation for Four Spaces on Front Street, and Extending the No -Parking Restriction 06-28-99 54-99 Approving Program Supplements for 1998 State Transportation Improvement Program Projects 06-28-99 55-99 Establishing Appropriations Limit for Fiscal Year 1999/2000 06-28-99 56-99 Adopting Operating and Capital Improvement Budgets and Making Appropriations for Fiscal Year 1999/2000 06-28-99 40 • RESOLUTIONS 1999 NO. TITLE ADOPTED 45-99 Amending Resolution 110-98 Authorizing the City Manager to Extend the Contract for an Interim Public Services Director 05-24-99 46-99 Amending the Operating and Capital Improvement Budget and Making Supplemental Appropriations for Fiscal Year 1998/99 06-14-99 • 47-99 Approving Lease Agreement for the Extension Area of Lease Site 150 Jointly Owned by the City and Cayucos Sanitary District with Kaiser Materials Corporation 06-14-99 48-99 Approving a New Five -Year Lease Agreement for Mooring Zone Al-4 With Morro Bay Marina 06-14-99 49-99 Authorizing the Execution of the Contract Amendment to a Community Development Block Grant 06-14-99 50-99 Authorizing Submittal of Two Action Plan Projects to the Bay Foundation And Morro Bay National Estuary Program 06-14-99 is • RESOLUTIONS 1999 NO. TITLE ADOPTED 39-99 Authorizing Rewards for Information Leading to the Arrest and Conviction Of Vandals Involved in Damaging City, School District and Private Property in the City of Mono Bay 05-24-99 40-99 Approving Administering Agency for State Master Agreement #000389 05-24-99 41-99 Awarding the Contract for the Main • Street Bike Path/Blending Line, Phase One 05-24-99 42-99 Declaring the City's Intent to Levy The Annual Assessment for the Maintenance of North Point Natural Area 05-24-99 43-99 Declaring the City's Intent to Levy The Annual Assessment for the Maintenance of the Cloisters Park And Open Space 05-24-99 44-99 Award of Contract for Invitation to Bid to Purchase One New ADA Accessible Trolley 05-24-99 18 • RESOLUTIONS 1999 NO. TITLE ADOPTED 32-99 Requesting Funding from SLOCOG For High School Bike Path 04-26-99 33-99 Amendment to Master Fee Schedule Adding Wharfage Fees for Off -Loading Kelp or other Non -Fish Products 04-26-99 34-99 Acceptance of a 10-foot Wide Offer of Dedication at the Frontage of Del Mar Elementary School for Public Street Purposes from San Luis Coastal Unified • School District 05-10-99 35-99 Awarding the Construction Contract For the City Dock Reconstruction 05-10-99 36-99 Authorization for Mayor to Execute Amendment to the DBW Abandoned Watercraft Abatement Grant Contract 05-10-99 37-99 Request for PERS Board to Waive the 960-Hour Rule for Employment of a Retiree 05-10-99 38-99 Authorization for City Manager to Enter Into a One -Year Extension of the Consultant Agreement for Advertising Services to Tom Jones Advertising 05-10-99 1] • RESOLUTIONS 1999 NO. TITLE ADOPTED 22-99 Amending Operating and Capital Improvement Budgets and Making Supplemental Appropriations For Fiscal Year 1998-1999 03-22-99 23-99 Authorizing Execution of Resources Grant for City Dock Project 03-22-99 24-99 Amending Fiscal Year 1998/1999 Budget to Authorize Appropriation for City Dock Project 03-22-99 • 25-99 Endorsing Assembly Bill 1195 — Restoring Property Taxes Taken from Cities to be Used For Local Needs 04-12-99 26-99 VOID 27-99 Approval of Submission of 1999 CDBG Application 04-12-99 28-99 Approving Assignment of Lease Site 34W 04-12-99 29-99 Engineers Report for Annual Assessment for North Point Natural Area Assessment District 04-26-99 30-99 Engineers Report for Annual Assessment for Cloisters Park and Open Space Assessment District 04-26-99 31-99 Authorizing Execution of Agreement with 0 Duke Energy for Bike Path Easement 04-26-99 E RESOLUTIONS 1999 NO. TITLE ADOPTED 12-99 Authorizing the Live Broadcast of Volunteer Awards Presentation 02-08-99 13-99 Adopting Guidelines for Selection of Advisory Board Members 02-22-99 14-99 Adopting Drug & Substance Abuse Policy 02-22-99 15-99 Authorizing the Purchase of Two Dial -a -Ride Vehicles 02-22-99 is 16-99 Authorization to Extend the Services of Interim Staff Engineer 02-22-99 17-99 Approving Application to the California Dept. of Youth Authority for Renovation of the Teen Center 02-22-99 18-99 Approving Amendments to the General Plan/Local Coastal Plan Regarding the Caratan Property 03-22-99 19-99 Award of Contract for the Front Street Parking Lot 03-22-99 20-99 Adopting Findings and Granting Award of Water Equivalency Units for May Day 03-22-99 21-99 Request for Time Extension for Coastal Commission Modified Language Pertaining to LCP Major Amendment # 1-97 (Water Allocation) 03-22-99 • RESOLUTIONS 1999 NO. TITLE ADOPTED 01-99 Adopting the City's Investment Policy and Delegating Authority to the City Treasurer to Invest Idle Funds 01-11-99 02-99 Ratifying the Joint Powers Agreement With San Luis Obispo Council of Governments 01-11-99 03-99 Adult Business LCP Amendment 01-11-99 04-99 Annual Water Report and 1999 Allocations 01-11-99 05-99 VOID • 06-99 Approval of Landlord's Estoppel Certificate For Lease Sites 122-123/122W-123W 01-11-99 07-99 Approving Amendment to MOU with Morro Bay Police Officer Association 01-25-99 08-99 Approving No -Parking Zone on Quintana Road 01-25-99 09-99 Amendment to DBW Contract — Equipment Purchase Clause to Outfit Harbor Patrol Vessel 01-25-99 10-99 Accepting Coastal Commission Modifications On Adult Entertainment Ordinance 02-08-99 11-99 Adopting Findings to Uphold the Appeal of the Approval of MUP 21-98/CDP 50-98A (467 LaJolla Street) 02-08-99 • RESOLUTION NO. 84-99 RESOLUTION APPROVING CONTRACT FOR INTERIM CITY MANAGER AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Section 37103 authorizes 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, CITY requires the services of an Interim City Manager by providing special services and advice of a type authorized by Government Code Section 37103 and Morro bay Municipal Code Chapter 2.12; and WHEREAS, Robert Hendrix is specially trained and possesses special skills, education, experience, and competency to perform the services and provide the advice needed; and WHEREAS, the CITY has chosen Robert Hendrix as Interim City Manager to perform the work as required pursuant Morro Bay Municipal Code Chapter 2.12. NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay • does hereby authorize the Mayor to execute the contract for Interim City Manager attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held this 13th day of December, 1999, by the following roll call vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ATTEST: BRIDGETT blUER, CITY CLERK • s1rWcmbctyedmm1r=84-99 �!! ,�I.� .. • AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT made and entered into this 13th day of December, 1999, by and between the CITY OF MORRO BAY, a municipal corporation in the State of California (the "CITY") and Robert Hendrix ("EMPLOYEE"). RECITALS WHEREAS, Government Code Section 37103 authorizes 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, CITY requires the services of an Interim City Manager by providing special services and advice of a type authorized by Government Code Section 37103 and Morro bay Municipal Code Chapter 2.12; and WHEREAS, Robert Hendrix is specially trained and possesses special skills, education, experience, and competency to perform the services and provide the advice needed;and WHEREAS, the CITY has chosen Robert Hendrix as Interim City Manager to perform the work as required in this Agreement. • AGREEMENT NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and EMPLOYEE agree as follow: SECTION 1. DUTIES AND RESPONSIBILITIES A. Appointment as Interim City Manager. The CITY hereby agrees to employ EMPLOYEE as the Interim City Manager of the CITY for the period November 16, 1999, through December 30, 1999 and for the period January 1, 2000 through March 30, 1999, unless earlier terminated as set forth below, to perform the functions and duties specified in Chapter 2.12 of the Morro Bay Municipal Code, and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign. B. Assistance By CITY. Subject to other provisions of this Agreement, the CITY shall: (a) Provide the EMPLOYEE with office space and necessary clerical support that is required by the EMPLOYEE in order to perform the services specified herein. C. Exclusive Employment. During the term of this Agreement, EMPLOYEE shall remain in the exclusive employ of CITY; provided, however, that the term • "exclusive employ" shall not prohibit part-time employment that the EMPLOYEE might desire to accept with appropriate prior knowledge and written approval of the CITY AGREEMENT FOR PROFESSIONAL SERVIcEs SECTION 4. HOURS OF WORK • The specific hours to be worked by EMPLOYEE shall be determined by EMPLOYEE in consultation with the City Council. CITY will rely on EMPLOYEE to work as many hours as may be reasonably necessary to fulfill Employee's obligations under this Agreement. SECTION 5. STATUS AND BENEFITS EMPLOYEE understands that he is not entitled to and/or eligible for benefits from the CITY in form of payment for medical or retirement benefits; or, paid holidays, vacation, sick leave, or other leave with or without pay except as set forth in this section with regard to retirement. Should EMPLOYEE's hours in any fiscal year reach or exceed 960 hours, EMPLOYEE shall be enrolled in the Public Employees' Retirement Systems, and be eligible for -membership in PERS health plans. Membership in these programs shall be — in accordance with PERS law and at Employees' cost. EMPLOYEE understands and agrees that his/her term of employment is governed only by this Agreement, that no right of tenure is created hereby, and that he/she does not hold a permanent position in any department or office of the CITY. In accordance with the provisions of Section 3700 of the Labor Code, CITY is required and agrees to be insured against liability for Worker's Compensation or to • undertake self-insurance during such periods as the EMPLOYEE's services are utilized by CITY. During all items when performing services for CITY, EMPLOYEE is protected by and will be defended by CITY's general liability insurance policy. SECTION 6. GENERAL PROVISIONS A. Entire Agreement. This Agreement shall constitute the full, complete and exclusive agreement between the parties hereto and shall supersede all prior and contemporaneous agreements, understandings and representations regarding the subject matter hereof, whether oral or written. B. Assignment. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the CITY and EMPLOYEE, and their respective successors, assigns, heirs and executors, except that EMPLOYEE may not assign this Agreement or delegate any of his/her obligations hereunder and may only assign his/her rights hereunder with the prior written consent of CITY. C. Ownership Of Documents. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the CITY, whether the work for which they are made be executed or not. In the event this Agreement is terminated, and at the end of the term of this Agreement, all such plans, studies, sketches, drawings, reports, and specifications shall be delivered immediately to the CITY. D. Severability. if any provision, or any portion thereof, contained in this • Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of AGREEMENT FOR PROFESSIONAL SERVICES • RESOLUTION NO. 83-99 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Mono Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Mono Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with the management employees; and WHEREAS, the meeting between the management employees and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the management unit accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said management employees of the City of Morro Bay. • NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution. PASSED AND ADOPTED by the Morro Bay City Council at a result meeting thereof held this 13th day of December, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None V�6GYK ANDERSON, Mayor ATTEST: BRIDGETT A ER, City Clerk • • RESOLUTION NO. 82-99 RESOLUTION DESIGNATING PARKING IN -LIEU FUNDS FOR PROPERTY ACQUISITION OF 1055 MORRO AVENUE The City Council, City of Morro Bay, California WHEREAS, In -Lieu Parking Fees were established, codified as Morro Bay Municipal Code Section 17.44.020 A7, as a means through which public parking can be provided where it is unfeasible to provide such parking as part of on -site development projects; and WHEREAS, the current balance of the In -Lieu Parking Fund is $439,047.00; and WHEREAS, it is necessary and appropriate to designate a project for the use of In -Lieu Parking Fee Fund consistent with the requirements of said section 17.44.020 A& and Government Code section 66001(d); and WHEREAS, in order to fully mitigate public parking space shortages, the development of new, additional parking space is necessary with the resultant need to acquire property for that purpose. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, • California that the real property located at 1055 Morro Avenue is hereby designated for acquisition and to be a project for use of In -Lieu Parking Fee funds. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 13th day of December, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce. NOES: None ABSENT: None ABSTAIN: Peters 7 AD ATTEST: BRIDGETT UER, CITY CLERK • S/rws/cmErty.Finance/parkinglundr 0 RESOLUTION NO. 81-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ACCEPTING DAVID COLE'S RESIGNATION AS CITY MANAGER AND APPROVING APPOINTMENT OF ROBERT HENDRIX AS INTERIM CITY MANAGER WHEREAS, David Cole, was appointed as City Manager for the City of Morro Bay on December 1, 1997; and WHEREAS, David Cole has resigned effective November 15, 1999, as City Manager of the City of Morro Bay; and WHEREAS, City Council finds Robert Hendrix, is an experienced Public Administrator, and has the qualifications necessary to serve as the Interim City Manager 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. Accept David Cole's resignation as City Manager effective November 15, 1999. • 2. Robert Hendrix, is hereby appointed as the Interim City Manager of the City of Morro Bay to fulfill the functions of that office as provided by Government Code Section 34851 et seq. and Municipal Code Sections 2.12.010 through 2.12.070, in substitution for David Cole, who is specifically relieved of that position. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held this 22nd day of November, 1990, by the following roll call vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ATTEST: E RESOLUTION NO.80-99 APPROVAL OF GRANTS IN THE AMOUNT OF $10,000 FROM THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE IMPROVEMENT OF THE TIDELANDS DOCK VESSEL SEWAGE PUMPOUT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay installed a vessel sewage pumpout station at the Tidelands Park dock in 1995; and WHEREAS, the City of Morro Bay is desirous of improving the vessel punipout/dump station facility at Tidelands Park dock to meet the needs of the boaters and to provide access to these facilities; fa WHEREAS, the Department of Boating and Waterways is authorized to provide grants to cities, counties, districts, and other public agencies for the construction and development of vessel pumpout/dump station facilities; and, WHEREAS, the City of Morro Bay is willing to enter into an agreement to provide for the operation and maintenance of the proposed facilities at no cost to the State; • NOW THEREFORE, BE 1T RESOLVED by the City Council of the City of Morro Bay that by adoption of this resolution hereby requests that the Department of Boating and Waterways provide grants in the amount of $10,000 (one grant for $8,000 and one grant for $2,000) for the purpose of improving a public use vessel pumpout/dump station facility at Tidelands Park dock; and, BE IT FURTHER RESOLVED that the City of Morro Bay hereby authrozies the Mayor of the City of Morro Bay to execute the grant agreements and accept the grants for the purpose stated above. Harbor Department staff is hereby authorized to manage the grant agreements. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 81' day of November, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None MINI 111, l ' 01.410191WHE : . r 0 VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT (DBW REIMBURSEMENT) CITY OF MORRO — TIDELANDS DOCK REPLACEMENT This contract is entered into on September 28,1999, between the California Department of Boating and Waterways (DEPARTMENT) and the City of Morro Bay (GRANTEE). The DEPARTMENT and the GRANTEE agree as follows: L CONTRACT This contract incorporates EXIIIBIT A, Standard Terms and Conditions. 2. GRANT The DEPARTMENT will make a grant for TWENTY FIVE PERCENT (25%) of the PROJECT COSTS for installation of a complete vessel pumpout and dumpstation facility at the Tidelands Dock • to the GRANTEE in accordance with EXHIBIT A; the grant shall not exceed the amount of TWO THOUSAND DOLLARS ($2,000). 3. PROJECT COMPLETION DATE . The GRANTEE shall complete the installation of the vessel pumpout facility (such installation as described in the Clean Vessel Act Grant Application dated September 21, 1999 and hereinafter referred to as PROJECT) no later than December 30, 2000. 4. TERM OF CONTRACT (a) The term of this CONTRACT, subject to any provision for prior termination, shall begin on the effective date of the CONTRACT and shall continue for FIVE (5) years from such date. (b) This CONTRACT may be extended, amended or canceled upon agreement of both the DEPARTMENT and the GRANTEE. 11 5. USE FEES The GRANTEE may charge a fee for the use of the facilities constructed with the GRANT; however, such fees may only be used to defray operation and maintenance costs incurred from the operation of the vessel pumpout facility. The GRANTEE may charge a total fee of $5.00 for the use of the pumpout facilities constructed; the $5.00 fee may be increased or decreased annually in accordance with percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI) using the CPI index for December 1993 (436.8) as the base for any such adjustment. ' 6. SPECIAL PROVISIONS (a) 1. The pumpout facilities constructed under this grant shall be operated, maintained, and continue to be open and available to the public for the full period of this O �MC�ZT��7:TI 2. Operation of the pumpout facilities shall be available during normal business hours • and shall not be hindered by locked enclosures, padlocks, pass keys, electronic keys, token systems or other means. 3. The pumpout facilities constructed under this grant shall be equipped with a hour meter to record its usage. (b) The grant recipient shall construct and install signage that shall: 1. Indicate the presence of a vessel pumpout facility (State supplied sign); 2. Acknowledge that the facility was constructed or improved with funds from the Clean Vessel Act. The suggested language shall be: "This facility was funded under the Clean Vessel Act by your purchase of fishing equipment and motorboat fuels (State supplied sign). 2 4 3. Provide appropriate information at the pumpout station that indicates fees, • restrictions, hours of operation, operation instructions, and a contact name and number if the facility is inoperable; (c) Upon expiration of the CONTRACT all improvements made by the GRANT shall become property of the GRANTEE. (d) GRANTEE shall each year provide information about the use and reliability of the vessel pumpout facility in the form of a post -implementation evaluation report (PIER) provided by the Department and shall transmit the results of the PIER to the DEPARTMENT no more than 30 days after receipt of the PIER- (e) Notices required between the parties shall be deemed to have been given when mailed to the respective addresses below, first-class postage fully prepaid thereon: • To DEPARTMENT: Department of Boating and Waterways 2006 Evergreen Street, Suite 100 Sacramento, California 95815-3888 To GRANTEE: City of Morro Bay 1275 Embarcadero Morro Bay, California 93442 3 4 DBW VESSEL PLWOUT FACILITY INSTALLATION CONTRACT CITY OF MORRO BAY By_ Title: Date Signed STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS Director Date Signed n EXHIBIT A • VESSEL PUMPOUT.FACILITY INSTALLATION CONTRACT STANDARD TERMS AND CONDITIONS ARTICLE I - DEFINITIONS A. CONTRACT means the contract to which these standard terms and conditions are appended. B. PROJECT COSTS mean those permitting, planning, management, signage, labor, design, material and construction costs which are necessarily incurred by the GRANTEE for the purpose of completing the PROJECT and are covered by the GRANT; however, such PROJECT COSTS shall not include any expenses incurred prior to the effective date of this CONTRACT. C. GRANT means a grant provided pursuant to the Harbors and Navigation Code Section 72.75 to finance all or part of the PROJECT COSTS. • D. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and private) shall have full and reasonable access to the pumpout/dump station for the purpose of sewage disposal. Fees 11 shall be equal for all pumpout users at a facility open and available to the public. However , members and customers may prepay for pumpouts within a fee structure, so that a separate fee for pumpouts at the time of use would not be needed for those members and customers. ARTICLE II - CONSTRUCTION OF PROJECT A. All contracts for construction of the PROJECT shall: 1. Be awarded in accordance with all applicable laws and regulations, including but not limited to competitive bidding. 2. Contain the following clause: "Representatives of the Department of Boating and Waterways shall be allowed access to all parts of the construction work." 5 3. Contain a clause that there shall be no discrimination against any employee who is employed in the work covered by such contracts or against any applicant for such • employment because of sex, race, religion, color, age, national origin, or physical handicap, and that such provisions shall include, but not be limited to: employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. 4. Contain a clause that the contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the PROJECT and any work performed pursuant to the contract. B. Inspection reports and related inspection data shall at all reasonable times be accessible to the DEPARTMENT personnel, and on request copies of such reports and data shall be provided to the DEPARTMENT personnel, and request copies of such reports and data shall be provided to the DEPARTMENT by the GRANTEE. • ARTICLE III - DISBURSEMENT OF GRANT A. GRANTEE shall acquire advance written acceptance of the completed project from the DEPARTMENT prior to any disbursement of funds. B. The GRANTEE shall request final payment in writing under this CONTRACT no later than SIXTY (60) days following the date of acceptance of the PROJECT by the GRANTEE. C. The DEPARTMENT may withhold any payment of GRANT funds for failure by the GRANTEE to comply with any of the conditions and provisions of this CONTRACT. ARTICLE IV - LIABILITY A. The GRANTEE waives all claims and recourse against the DEPARTMENT including the right to contribution for any loss or damage arising from, growing out or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the DEPARTMENT, its officers, agents and employees. • 6 H The GRANTEE shall indemnify, hold harmless, and defend the DEPARTMENT, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability arising out C. If the DEPARTMENT is named as a co-defendant pursuant to Government Code Sections 895, et seq, the GRANTEE shall notify the DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees. ARTICLE V - WAIVER OF RIGHTS It is the intention of the parties hereto that from time to time either party may waive certain of its rights under Any waiver at this time by either party hereto of its rights with respect to a default or any other matter arising in connection with CONTRACT, shall not be deemed to be a waiver with respect to any ARTICLE VI - REMEDIES NOT EXCLUSIVE The use by either the DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for the enforcement of the CONTRACT is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. ARTICLE VII - OPINIONS AND DETERMINATIONS Where the terms of this CONTRACT provide for action to be based upon the opinion, judgment, approval, review, or determination of either the DEPARTMENT or GRANTEE, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE VHI - ASSIGNMENT No assignment or tranifer of this CONTRACT or any part hereof, rights hereunder, or interest herein by • GRANTEE shall be valid unless and until it is approved in writing by the DEPARTMENT and made subject to such reasonable terms and.conditions as the DEPARTMENT may impose. ARTICLE IX - SUCCESSORS AND ASSIGNS OBLIGATED This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. ARTICLE X - INSPECTION OF BOOKS, RECORDS, AND REPORTS During regular office hours, each of the parties or their duly authorized representatives shall have the right to inspect and make copies of any books, records, or reports of the other party pertaining to this CONTRACT or matters related hereto. Both parties shall maintain and make available for such inspection accurate records of all of its costs, disbursements, and receipts with respect to its activities under this CONTRACT. ARTICLE XI - SUBJECT TO AUDIT All contracts entered into by the GRANTEE involving an expenditure of GRANT funds shall contain a • provision which indicates that the contracting parties shall be subject to the examination and audit of the California Auditor General for a period of THREE (3) years after final payment under this CONTRACT. • VESSEL PLTWOUT FACILITY INSTALLATION CONTRACT (FEDERAL REINMURSEMENT) CITY OF MORRO BAY — TIDELANDS DOCK REPLACEMENT This contract is entered into on September 28,1999, between the California Department of Boating and Waterways (DEPARTMENT) and the City of Morro Bay. (GRANTEE). The DEPARTMENT and the GRANTEE agree as follows: L CONTRACT This contract incorporates EXHIBIT A, Standard Terms and Conditions. The DEPARTMENT will make a grant for SEVENTY FIVE PERCENT (75%) of the PROJECT COSTS for installation of a complete vessel pumpout and dumpstation facility at the Tidelands Dock to the GRANTEE in accordance with EXHIBIT A; the grant shall not exceed the amount of EIGHT 0 THOUSAND DOLLARS ($8,000). 3. PROJECT COMPLETION DATE The GRANTEE shall complete the installation of the vessel pumpout facility (such installation as described in the Clean Vessel Act Grant Application dated September 21, 1999, and hereinafter referred to as PROJECT) no later than June 30, 2000. 4. TERM OF CONTRACT (a) The term of this CONTRACT, subject to any provision for prior termination, shall begin on the effective date of the CONTRACT and shall continue for FIVE (5) years from such date. (b) This CONTRACT may be extended, amended or canceled upon agreement of both the DEPARTMENT and the GRANTEE. 5. USE FEES The GRANTEE may charge a fee for the use of the facilities constructed with the GRANT; however, such fees may only be used to defray operation and maintenance costs incurred from the operation of the vessel pumpout facility. The GRANTEE may charge a total fee of $5.00 for the use of the pumpout facilities constructed; the $5.00 fee may be increased or decreased annually in accordance with percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI) using the CPI index for December 1993 (436.8) as the base for any such adjustment. 6. SPECIAL PROVISIONS The pumpout facilities constructed under this grant shall be operated, maintained, and continue to be open and available to the, public for the full period of this CONTRACT. Operation of the pumpout facilities shall be available 24 hours per day and shall not be hindered by locked enclosures, padlocks, pass keys, electronic keys, token systems or other means. The pumpout facilities constructed under this grant shall be equipped with an hour meter to record its usage. The grant recipient shall construct and install signage that shall: Indicate the presence of a vessel pumpout facility (State supplied sign); Acknowledge that the facility was constructed or improved with funds from the Clean Vessel Act. The suggested language shall be: "This facility was funded under the Clean Vessel Act by your purchase of fishing equipment and motorboat fuels (State supplied sign). 3. Provide appropriate information at the pumpout station that indicates fees, • restrictions, operation instructions, and a contact name and number if the facility is inoperable; (c) Upon expiration of the CONTRACT all improvements made by the GRANT shall become property of the GRANTEE. (d) GRANTEE shall each year provide information about the use and reliability of the vessel pumpout facility in the form of a post -implementation evaluation report (PIER) provided by the Department and shall transmit the results of the PIER to the DEPARTMENT no more than 30 days after receipt of the PIER. (e) Notices required between the parties shall be deemed to have been given when mailed to the respective addresses below, first-class postage fully prepaid thereon: • To DEPARTMENT: Department of Boating and Waterways 2000 Evergreen Street, Suite 100 Sacramento, California 95815-3896 To GRANTEE: City of Morro Bay 1275 Embarcadero Morro Bay, California 93442 3 VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT CITY OF MORRO BAY STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS By By Title: Director Date Signed Date Signed E)MBIT A VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT STANDARD TERMS AND CONDITIONS ARTICLE I - DEFINITIONS A. CONTRACT means the contract to which these standard terms and conditions are appended. B. PROJECT COSTS mean those permitting, planning, management, signage, labor, design, material and construction costs which are necessarily incurred by the GRANTEE for the purpose of completing the PROJECT and are covered by the GRANT; however, such PROJECT COSTS shall not include any expenses incurred prior to the effective date of this CONTRACT. C. GRANT means a grant provided pursuant to the Federal Clean Vessel Act of 1992 to finance all or part of the PROJECT COSTS. • D. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and private) shall have full and reasonable access to the pumpout/dump station for the purpose of sewage disposal. Fees Is shall be equal for all pumpout users at a facility open and available to the public. However , members and customers may prepay for pumpouts within a fee structure, so that a separate fee for pumpouts at the time of use would not be needed for those members and customers. ARTICLE II - CONSTRUCTION OF PROJECT A. All contracts for construction of the PROJECT shall: 1. Be awarded in accordance with all applicable laws and regulations, including but not limited to competitive bidding. 2. Contain the following clause: "Representatives of the Department of Boating and Waterways shall be allowed access to all parts of the construction work." 5 4 3. Contain a clause that there shall be no discrimination against any employee who is employed in the work covered by such contracts or against any applicant for such • employment because of sex, race, religion, color, age, national origin, or physical handicap, and that such provisions shall .include, but not be limited to: employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff ortermination, rates of pay or other forms of compensation, and selection for training including apprenticeship. 4. Contain a clause that the contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the PROJECT and any work performed pursuant to the contract. B. Inspection reports and related inspection data shall at all reasonable times be accessible to the DEPARTMENT personnel, and on request copies of such reports and data shall be provided to the DEPARTMENT personnel, and request copies of such reports and data shall be provided to the DEPARTMENT by the GRANTEE. • ARTICLE III - DISBURSEMENT OF GRANT A. GRANTEE shall acquire advance written acceptance of the completed project from the DEPARTMENT prior to any disbursement of funds. B. The GRANTEE shall request final payment in writing under this CONTRACT no later than SIXTY (60) days following the date of acceptance of the PROJECT by the GRANTEE. C.. The DEPARTMENT may withhold any payment of GRANT funds for failure by the GRANTEE to comply with any of the conditions and provisions of this CONTRACT. 6 s ARTICLE IV - LIABILITY . A. The GRANTEE waives all claims and recourse against the DEPARTMENT including the right to contribution for any loss or damage arising from, growing out or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the DEPARTMENT, its officers, agents and employees. B. The GRANTEE shall indemnify, hold harmless, and defend the DEPARTMENT, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability arising out of the acquisition, design, .construction, operation, maintenance, existence or failure of the PROJECT. C. If the DEPARTMENT is named as a co-defendant pursuant to Government Code Sections 895, et seq, the GRANTEE shall notify the DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees. • ARTICLE V - WAIVER OF RIGHTS It is the intention of the parties hereto that from time to time either party may waive certain of its rights under this CONTRACT. Any waiver at this time by either party hereto of its rights with respect to a default or any other matter arising in connection with CONTRACT, shall not be deemed to be a waiver with respect to any other default or matter. ARTICLE VI - REMEDIES NOT EXCLUSIVE The use by either the DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for the enforcement of the CONTRACT is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. 0 V ARTICLE VII - OPINIONS AND DETERMINATIONS Where the terms of this CONTRACT provide for action to be based upon the opinion, judgment, approval, • review, or determination of either the DEPARTMENT or GRANTEE, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE VIR - ASSIGNMENT No assignment or transfer of this CONTRACT or any part hereof, rights hereunder, or interest herein by GRANTEE shall be valid unless and until it is approved in writing by the DEPARTMENT and made subject to such reasonable terms and conditions as the DEPARTMENT may impose. ARTICLE IX - SUCCESSORS AND ASSIGNS OBLIGATED This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. ARTICLE X - INSPECTION OF BOOKS, RECORDS, AND REPORTS During regular office hours, each of the parties or their duly authorized representatives shall have the right to inspect and make copies of any books, records, or reports ofthe other party pertaining to this CONTRACT or matters related hereto. Both parties shall maintain and make available for such inspection accurate records of all of its costs, disbursements, and receipts with respect to its activities under this CONTRACT. ARTICLE XI - SUBJECT TO AUDIT All contracts entered into by the GRANTEE involving an expenditure of GRANT funds shall contain a provision which indicates that the contracting parties shall be subject to the examination and audit of the California Auditor General for a period of THREE (3) years after final payment under this CONTRACT. C� 0 r 1 U E E RESOLUTION NO. 79-99 RESOLUTION AUTHORIZING THE CITY OF MORRO BAY TO PIGGY -BACK ONTO A COMPETITIVE BID BY THE CITY OF LOMPOC FOR CONTRACT TREE MAINTENANCE SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State of California Public Contract Code provides procedures through which local agencies may procure contract services; and, WHEREAS, Section 10348 of said Code provides for awarding service contracts without competition when conditions are prescribed under which said contract is awarded, along with methods and criteria for determining reasonableness of contract costs; and, WHEREAS, the City of Lompoc issued competitive Requests for Proposals for municipal tree maintenance services on May 13, 1999, with a scope of service and conditions similar to the needs of Morro Bay; and, WHEREAS, this competitive bid process by another local agency provides adequate criteria and method- ology for the City of Morro Bay to award a similar service contract without competitive bid, and also provides a method to determine the reasonableness of costs, through the criteria and methodology of piggy- backing. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay, that, pursuant to Section 10348 of the Public Contract Code, the City of Morro Bay hereby determines it to be appropriate and in the best financial interests of the community to piggy -back onto the competitive bid by the City of Lompoc for contract tree maintenance services and to award such a contract without competitive bids. BE IT FURTHER RESOLVED that the Director of Public Services is directed to enter into an agreement with West Coast Arborists, Inc. for tree maintenance services. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 811 day of November, 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Anderson, Crotzer, Elliott, Peirce, Peters None None None ATTEST: BRIDGETT UER, City Clerk AGREEMENT FOR TREE MAINTENANCE SERVICES 4 THIS AGREEMENT is made and entered into this day of , 1999, by and between the CITY OF MORRO BAY, a municipal corporation ("CITY"), and WEST COAST ARBORISTS, INC., a California corporation, State Contractor's License No. 366764 ("CONTRACTOR') with reference to the following facts: A. On or about May 11, 1999, the City of Lompoc issued its Notice Inviting Bids whereby it solicited proposals for municipal tree maintenance for the calendar year 1999. CONTRACTOR submitted its bid to .the City of Lompoc, and was subsequently awarded the contract by the City of Lompoc. B. CITY has reviewed the competitive bidding procedures of, and the Notice Inviting Bids issued by, the, City of Lompoc, and the proposal in response thereto from CONTRACTOR, and has determined that proper competitive bidding procedures were followed. CITY has also determined that CONTRACTOR is qualified to perform the maintenance services for trees as required by CITY, including trimming, pruning, planting and removing such trees; and due to the need to immediately provide this service, it is in CITY'S best interests to enter into a contract with CONTRACTOR for the same or better prices, terms and conditions as CONTRACTOR previously offered the City of Lompoc. NOW, THEREFORE, incorporating the above recitals, CITY and CONTRACTOR mutually • agree as follows: MENOW-MM A. The term of this Agreement shall commence as of , 1999, and continue through June 30, 2001 ("Initial Term"), with an option authorizing the Director of Public Services or his/her representative to continue said agreement up to five years on a year-to-year basis on the same terms and conditions as prescribed in this Agreement, subject to any change in the rate of compensation to be paid to CONTRACTOR as hereinafter provided in Paragraph 4. If CITY desires to exercise its annual renewal option, CITY shall advise CONTRACTOR in writing of its intent to extend the Agreement by not later than May 1st of the term then expiring. If CONTRACTOR desires to adjust the rates as set forth in the then current Schedule of Rates for such extension period, CONTRACTOR shall give CITY written notice of such adjustment by May 15th of the term then expiring. If CONTRACTOR gives notice of any adjustment in the Schedule of Rates, CITY may then rescind the exercise of its option, provided, however, written notice of such rescission must be issued by CITY to CONTRACTOR no later than June 1st of the term then expiring. B. The CITY, at its option and with CONTRACTOR concurrence, may renew is this contract for additional five year periods, in one year increments, on the Page 1 same terms and conditions as provided herein. This option may be exercised only if the CONTRACTOR demonstrates superior performance in the is of tree maintenance services during the prior five year contract term, assuming all of the annual renewal options were awarded. A. For the purpose of this Agreement, CITY has adopted as its Notice Inviting Bids, Instructions to Bidders and Proposal, the City of Lompoc's documents entitled Notice Inviting Bid issued on May 11, 1999, and the proposal titled RFP No. 9923R, Muncipal Tree Maintenance Services which includes the scope of services and technical specifications. This Agreement (including Attachment A and Attachment B), the Notice Inviting Bids, and the proposal together constitute the complete contract (the "Contract Documents"). B. Attachment A to this Agreement and the proposal dated June 9, 1999, submitted by CONTRACTOR to .the City of Lompoc ("Proposal") will control the general provisions, materials, and methods for performance of this Agreement; however, the provisions of Attachment A shall take precedence over any conflicting provisions in the Proposal. C. The Contract Documents are complementary, and what is called for by any one document shall be as binding as if called for by all. Any conflict between this Agreement and the proposal shall be resolved in favor of this Agreement. • SERVICES TO BF, PERFORMFD BY CONTRACTOR Attachment A entitled "Scope of Services" is attached hereto and incorporated herein by this reference. In consideration for the compensation as hereinafter set forth, CONTRACTOR.shall perform the services described in Attachment A, including the provision of all labor and materials tools, equipment and transportation services required by and in strict conformance with the Contract Documents. EMENEWITiT' ► I ► : 0 NJ ' • U ► 1 I ► 0 :: I t A. Payment shall be made in accordance with the Schedule of Rates attached hereto as Attachment B, and incorporated herein by this reference. If CITY gives notice of its intention to extend the Agreement for an additional year as provided for above, CONTRACTOR may adjust the Schedule of Rates by an amount not to exceed the increase (or decrease) represented in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the Santa Barbara - San Luis Obispo Statistical Area ("Index") for March of the term then expiring from the Index for March one year prior thereto. i Page 2 B. CONTRACTOR shall submit an itemized written invoice to CITY not more • often than monthly setting forth the work performed and the rates charged in accordance with the Schedule of Rates set forth in Attachment'B. Each billing shall include both a listing of completed work by address and tree species and inventory data acceptable to CITY. The listing will be provided by written report and computer disc. C. CITY shall make payments to CONTRACTOR within thirty (30) days of receiving such monthly invoice for work satisfactorily performed, unless CITY disputes the amount CONTRACTOR claims is owed under this Agreement. D. CONTRACTOR shall not be reimbursed for any disposal fees or other. expenses unless authorized in writing by CITY. 5. RECORDS. CONTRACTOR shall keep records and invoices in connection with its work to be performed under this Agreement. CONTRACTOR shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. CONTRACTOR shall allow a representative of CITY during normal business hours to examine, audit and make transcripts or copies of such records. CONTRACTOR shall maintain and allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this • Agreement. 6. EXTRA WORK. Any changes from the services described in Attachment A or additional work not contemplated by the Agreement shall require the written direction and authorization of the Director of Public Services of CITY. 7. STANDARD OF CARE. All of the work shall be performed by CONTRACTOR or under CONTRACTOR'S supervision. CONTRACTOR represents that CONTRACTOR employs the professional and technical personnel required to perform the services required by the Contract Documents, that CONTRACTOR possesses appropriate field equipment to perform all services, and that CONTRACTOR will perform all services in a manner commensurate with the ANSI- A300-1995 Pruning standards and any later amendments, and the Quality Control Plan contained in the Proposal. All services shall be performed by qualified and experienced personnel who are not employed by CITY nor have any contractual relationship with CITY. CONTRACTOR shall be responsible to CITY for any errors or omissions in the performance of this Agreement. CONTRACTOR represents and warrants that CONTRACTOR will keep in effect all licenses, permits, and other approvals required to perform the described services during the term of this Agreement, including any extensions thereto. 8. CITY'S RF.SPONSIBILITIF,S. CITY shall furnish to CONTRACTOR, maps, . data, and other existing information describing the trees which are subject to the services to be performed by CONTRACTOR. CITY further agrees to provide all Page 3 such materials in a timely manner so as not to cause delays in CONTRACTOR'S work schedule. • COOPERATION. CONTRACTOR agrees to work closely and cooperate fully with City staff assigned by the Director of Public Services to work with CONTRACTOR and other agencies which may have jurisdiction or interest in the work to be performed. 10. CONTRACTOR MANAGER. CONTRACTOR shall assign a Contract Manager to the work to be performed hereunder, which Contractor Manager shall coordinate all services to be performed. This Contract Manager shall be available to CITY at all times. CONTRACTOR shall provide the Director of Public Services of the name, address, and telephone number of the Contractor Manager, upon execution of this Agreement. If the Contract Manager is changed by CONTRACTOR, CONTRACTOR shall immediately give notice to the Director of Maintenance Services of the CITY, the name, address, and telephone number of the new Contract Manager. 11. ADMINISTRATION. This Agreement will be administered on behalf of CITY by the Public Services Department. The Director of Public Services or the designee shall be considered the Administrator and shall have the authority to act for CITY under this Agreement. The Administrator shall represent CITY in all matters pertaining to the services to be rendered pursuant to this Agreement.. 12. CITY POLICY. CONTRACTOR will discuss and review all matters relating to • policy and contract direction with the Director of Public Services, or the designee, in advance of all critical decision points in order to ensure that the services are performed in a manner consistent with CITY goals and policies. 13. TIMF. OF PERFORMANCE. Time is of the essence of this Agreement. 14.. DISPUTES PF.RTAIMNG TO PAYMENT FOR WORK. Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any work omitted, or of any extra work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of the Agreement, such dispute shall be decided by the Director of Maintenance Services of CITY, and the decision of the Director shall be final and binding upon CONTRACTOR and the sureties of CONTRACTOR. 15, OFFSETS. CONTRACTOR acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which is owed or which becomes due to CITY by CONTRACTOR, CITY reserves the right to withhold and offset said amounts from such payments or refunds or reimbursements owed by the CITY to CONTRACTOR, CITY reserves the right to withhold and offset said amounts from such payments or refunds or reimbursements owed by the CITY to CONTRACTOR under this Agreement. Notice of such • withholding and offset shall promptly be given to CONTRACTOR by CITY in Page 4 writing. In the event of a dispute as to the amount owed or whether such amount is • owed to CITY, CITY will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 16. INDEPENDENT PARTIES. CITY retains CONTRACTOR on an independent contractor basis, and CONTRACTOR acknowledges and agrees that CONTRACTOR is not an employee of CITY. The manner and the means of conducting the work are under the control of CONTRACTOR, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement, including Attachment A and the Proposal. No civil service status or other right of employment with CITY will be acquired by virtue of CONTRACTOR's services, either by CONTRACTOR or CONTRACTOR's employees. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers' compensation, vacation or sick leave are available from CITY to CONTRACTOR, its employees or agents. Deductions shall not be made by CITY for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer -employee relationship from any fees due CONTRACTOR. Payments of the above items, if required, are the responsibility of CONTRACTOR and not of the CITY. 17. P RVAILING WAGES. Pursuant to Section 1720 et sea. of the Labor Code of the State of California, CONTRACTOR and all subcontractors are required to pay the general prevailing rates of per diem wages, and overtime and holiday wages • determined by the Director of the Department of Industrial Relations and of the State of California. The Director's determination of prevailing rates is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; and the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. 18. IMMIGRATION REFORM AND CONTROL ACT OF 1996. The CONTRACTOR shall comply with the provision of the Immigration Reform and Control Act of 1986, Public Law 99-603. The CONTRACTOR shall provide the CITY written documentation certifying compliance withPublic Law 99-603 within ten days of the CITY's request. 19. COMPLIANCE WITH LABOR CODE. CONTRACTOR is aware of and stipulates that CONTRACTOR will also comply with the following sections of the California Labor Code: a. Section 1773.8 requiring payment of travel and subsistence pay b. Section 1775 prescribing sanctions for failure to pay prevailing wage rates C. Section 1776 requiring the making, keeping and disclosing of detailed payroll records and describing sanctions for failure to do so d. Section 1777.5 prescribing the terms and conditions for employing registered apprentices C. Section 1810 providing that eight hours of labor shall be day's work; and • f. Section 1813 prescribing sanctions for violations of the provisions concerning eight hour work days and forty hour work weeks. Page 5 WORKER'S COMPENSATION. By executing this Agreement, CONTRACTOR certifies that CONTRACTOR is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance before commencing any of the Work. CONTRACTOR shall comply. with Labor Code Section 1861 by signing and filing the workers' compensation certificate with the City Clerk of CITY. INDEMNIFICATION. Except for CITY's negligence or willful misconduct, CONTRACTOR shall indemnify and hold CITY and CITY's officers and employees harmless from all damages, costs and expenses, including attorneys' fees, in law or equity that may at any time arise or be set up because of damages to property or person injury, including death, suffered by reason of, or in the course of performing, the services under this Agreement work and caused by any willful or negligent act or omission committed by CONTRACTOR or any of CONTRACTOR's employees, subcontractors or agents. The parties expressly agree that any payment, attorney fee, cost or expense CITY incurs or makes to or on behalf of an injured employee under its self-administered Workers' Compensation program are included as a loss, expense or cost for the purposes of this paragraph. The provisions of the paragraph shall survive the expiration or early termination of the Agreement. INSURANCE. Prior to CITY's execution of this, Agreement, CONTRACTOR shall secure, and shall thereafter maintain until completion of the Agreement, such public liability and property damage insurance as shall protect CONTRACTOR from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations under the Agreement, whether such operations be by or on behalf of CONTRACTOR, any subcontractor or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them. The CONTRACTOR shall obtain at its own cost, prior to commencing work on the contract and maintain for the period covered by the contract a policy of liability insurance naming the CONTRACTOR, his employees, the CITY, its officers and employees as insured. Refer to Section 7-3 of the AGC/AWPA Standard Specifications for details. The coverage shall provide the minimum limits: Bodily injury ..:............. $1,000,000 each occurrence Property damage .......... $1,000,000 each occurrence Policies or certificates of insurance shall be filed with CITY and shall include CITY as an additional insured. The policy or policies shall be in the usual form of public liability insurance, but shall also include the following provisions: Solely as respects work done by and on behalf of the named insured for the City of Morro Bay, it is agreed that the City of Morro Bay and its officers and employees are added as additional insured under this policy. The policies shall not be canceled unless thirty (30) days prior written notification of • intended cancellation has been given to CITY by certified or registered mail. 23. BONDS. CONTRACTOR shall furnish, concurrently with the execution of the Agreement, with a surety bond in an amount equal to one full year's compensation to CONTRACTOR as security for the faithful performance of the Agreement and a surety bond in that same amount as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement. Both bonds shall be subscribed by a corporate surety which is authorized to transact surety insurance business in the State of California. Should any bond or surety become insufficient, CONTRACTOR shall furnish CITY a new bond within ten (10) days after receiving notice from CITY. No payments will be due or paid under the Agreement until any end all deficiencies have been remedied. WMEK917i"'M Egg M41IN A. CONTRACTOR or the employees of CONTRACTOR may be subject to the provisions of the California Political Reform Act of 1974 (the "ACT"), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such person from making, or participating in making decisions that will foreseeable financially affect such interest. If so required, CONTRACTOR will provide a completed disclosure form noting the above. • B. If subject to the Act, CONTRACTOR shall conform to all requirements of the Act. Failure to do so constitutes a material breach of this Agreement; and is grounds for termination by CITY. CONTRACTOR shall indemnify and hold harmless CITY for any claims for damages resulting from CONTRACTOR's violation of this paragraph. 25. NONDISCRMNATION. Except as provided in Section 12940 of the California Government, Code, during CONTRACTOR's performance of this Agreement, CONTRACTOR shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual orientation in the selection and retention of employees and subcontractors and the procurement of materials and equipment. Such nondiscrimination shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR shall also conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26. PROHIBITION AGAINST TRANSFERS. CONTRACTORS may not assign any • right or obligation of this Agreement or any interest in this Agreement without the prior written consent of CITY. Any attempted or purported assignment without the Page 7 s consent of CITY shall be null and void at the sole option of CITY. CONTRACTOR may not employ any subcontractors unless specifically authorized by CITY. • The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONTRACTOR, or of the interest of any general partner or joint venture which shall result in changing the control of CONTRACTOR, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) OR MORE OF.THE ASSETS OF THE CORPORATION, PARTNERSHIP OR JOINT VENTURE. 27. CONFIDENTIALITY. The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the CITY. 11- 28. NOTICES. All notices, demands, requests or approvals to be given under this Agreement must be given in writing and shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid and addressed as follows: CITY Robert Hendrix, Interim Public Works Director Public Services Department 590 Morro Bay Blvd. Morro Bay, CA 93442 u CONTRACTOR Patrick 0. Mahoney, President West Coast Arborists, Inc. 2200 East Via Burton Street Anaheim, CA 92806 29 VENUE. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in.a court of competent jurisdiction in the County of Orange, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 30. COST OF LITIGATION. If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason of any alleged breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action may determine and fix reasonable attorneys' fees and expenses to be paid to the prevailing party. 31. WAIVER. A WAIVER by CITY of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same • or of a different character. Page 8 • 32. COMPLIANCES. CONTRACTOR represents that CONTRACTOR is familiar with and shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY which are applicable to the performance of services under this Agreement. c ;ul►• 1► A. In the event CONTRACTOR fails or refuses to timely perform any of the provisions of this Agreement in the manner required, or if CONTRACTOR violates any provisions of this Agreement, CONTRACTOR shall be deemed in default. If such. default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and, CONTRACTOR fails to give adequate assurance of due performance within two (2) working days after CONTRACTOR receives written notice of default from CITY, CITY may terminate the Agreement forthwith by giving written notice. B. The CITY or the CONTRACTOR may cancel this contract or any portion thereof at any time during the term of the service and such cancellations shall be effective upon giving thirty (30) days written notice to the other party. 34. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS. CITY reserves the • right to employ other contractors in connection with this project. 35, INTEGRATED CONTRACT. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the panties and all preliminary negotiations and agreement of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modifications of this Agreement will be effective only if in writing signed by the duly authorized officers of both CITY and CONTRACTOR. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed on the day and year first above written. CITY OF MORRO BAY A municipal corporation of the State of California • Robert Hendrix, Interim Director Public Services Department CONTRACTOR West Coast Arborists, Inc. Patrick 0. Mahoney, President Page 9 ATTACHMENT A • SCOPE OF SERVICES The contractor shall provide the following services and meet the following specifications: • 0 —10raffiew.1 0 1 Y • ► 1. Contractor must hold a Class C-27 State of California Contractor's License and a City of Morro Bay Business License. 2. Contractor must comply with the Quality Control Plan provided in the Proposal. The Contractor shall establish a schedule with the consent of the Public Services Director. Public Services Director and the Contractor will prioritize the trimming schedule based on information provided in the existing inventory. Additional work assignments (work requests) will be given to the Contractor on a weekly basis. The Contractor will schedule this work to be completed within two (2) weeks unless deemed an emergency. 1. Contractor shall, prior to commencing work, submit and gain approval from the Public Services Director of a weekly work schedule indicating the order and location of the work. 2. The general hours of operations shall be 7:00 a.m. to 5:00 p.m., Monday through Friday or • as directed by the City. Any equipment operations generating harsh or unusual noise such as chippers, leaf blowers, etc., must not be used before 8:00 a.m. No work will be allowed on major streets after 2:00 p.m. on Fridays. No work may be performed on weekends or City recognized holidays except in the case of emergency or as approved by the City Public Services Director. 3. In addition, the Contractor, field lead man or foreman shall meet with the Director of Public Services or representative on a weekly basis at a designated time and date for the purpose of reviewing the week's work, receiving special instructions, and to discuss any problems encountered on the job. • Underground alert systems must be notified 48_hours in advance prior to commencing work that involves digging underground. This notification is required for each location on the tree list. The telephone number is 1-800-422-4133. Any damage to utility lines that occurs shall be immediately reported to the utility company that is involved. The cost of the repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. Page 10 F. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property, the Contractor shall notify each • affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinklers, drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's expense within 48 hours. If the contractor fails to render proper repairs in the 48 hour limit, the City will make the repairs and deduct the cost of such repairs from the Contractor's monthly bill. I. 1 Yri(KKi)�111116)rl Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow, the Contractor will contact the Director of Public Services for directions. Signs used for handling traffic during the course of this project shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a • part of these detailed specifications. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. Payment for maintenance of traffic and detours and for conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be considered to be included in the contract unit or lump sum prices paid for various items of work wherein maintenance of traffic and detours is required, and no additional compensation will be allowed. Should the Contractor fail to correct deficiencies or public nuisances that have been created because of this operation, then these will be considered to be of an emergency nature and cause for the City to move in on the project to make corrective work. Such work will be billed to the Contractor at a rate of $200.00 for each call out. It also should be noted that there is a minimum of a two (2) hour charge for labor on any call out. ' ( l METUCKM : ►1• :: DRED ►IDIM I r •�►f.`� All work shall conform to the ANSI-A300-1995 Pruning Standards, and any later • amendments, the Proposal and these specifications. In all cases the City's representative shall have complete and sole discretion in determining conformance and acceptability of Page 11 trees trimmed by the Contractor. Trimmed trees rejected by the City's representative shall be excluded from payment. • 2. Limbs for traffic clearance shall be trimmed or removed to a height of fifteen (15) feet from road surface and sidewalk side of the tree where practical, taking into consideration the balanced appearance of the tree. Clean out center. Clear street lights to ten (10) feet for illumination, unless such clearing deforms the tree. Small limbs, suckers and water sprouts shall be cut flush with the branch collar from which they arise. All dead limbs and other vegetation (including ivy) shall be removed from the subject tree. 3. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1-1988 Safety Requirements. 4. Contractor shall provide and post no parking signs 48 hours in advance of the work, except when emergency work is necessary. 5. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced supervisor in tree trimming operations. Contractor shall provide and distribute tree pruning notification brochures to residents at least 48 hours prior to commencing such work. 6. Contractor shall exercise precautions as necessary when working adjacent to aerial utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others . near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. 7. No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. Any vine plant growing on the trees shall be removed at ground level. 8. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth. • 9. Brush and debris shall be removed daily, sidewalks swept, parkways raked, and gutters cleaned. 10. All dead fronds, and parts thereof including stubs and seed pods, shall be removed along the entire length of each palm. Care shall be taken so that no live fronds are partially cut and left hanging. Only healthy fronds shall remain at crown of said tree. Remaining fronds shall stand at approximately a 45 degree angle to the head. it. Structural weaknesses of trees, decayed trunk or branches shall be reported to the City Inspector of this contract. These items will be reported on daily worksheets and submitted to the City Inspector of this contract. 12. Unless otherwise approved, trees are to be trimmed block by block subject to the instructions of the Maintenance Services Director. 13. When trimming fungus, disease of fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. 14. Topping shall not be done without prior approval of the City of Morro Bay. 15. Contractor shall provide daily log sheets of work completed to the Maintenance Services Department. 16. Contractor shall be given forty-five (45) working days to complete each pruning list (productivity trimming) issued by the Maintenance Services Department. 17. Upon completion of the trimming, the Contractor shall provide the Maintenance Services Department with a report showing the date of each tree trimmed by address. a ►1 1► 1. All trees and material will be checked by the City prior to and following tree planting. All • trees will be planted per the standards established by the City of Morro Bay. Page 12 2. Contractor shall complete each individual planting list submitted by the City within thirty (30) work days from the date received. • 3. Contractor shall provide daily log sheets of work completed to the Maintenance Services Department. RONOWN MWWOMYSTIP The City shall provide for emergency response at night or during initial 24 hours of storm conditions. Contractor shall respond within 24 hours when notified via telephone call from a City authorized representative of need for Contractor's services. In the event the Contractor cannot be contacted or fails to respond a penalty of $500 per incident will be deducted from future Contractor work. 1. Contractor shall clean all job sites when work is completed, including sap removal from walkways, raking of leaves, twigs, etc. from the lawn and parkways and the sweeping of the sidewalks and streets. 2. Each day's scheduled work shall be completed and cleaned up and under no circumstances 3. Any damage to sidewalks, driveway approaches, curbs and gutters due to the Contractor's removal operation shall be repaired at the Contractor's expense and to the satisfaction of the Inspector. P. DISPOSAL OF MATERIALS 1. All tree branches produced as a result of the Contractor's operations under this contract will • be reduced, reused, recycled, and/or transformed. They shall not be deposited in a landfill. Documentation such as bills of lading will be required as proof of final disposal. • 1 ' •yr • . • •7i ►rrt : •TiCi77i`yrd[•]till The Public Services Director, or his designated representative, shall at all times have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials and equipment used and employed in the work. The inspection of the work shall not relieve the Contractor or any Contractor's obligations to fulfill the contract and/or complete the project prescribed. Defective work shall be made good not withstanding the fact that such defective work may have been previously overlooked by the Public Services Director. 1' 10 0 FOTITOT4NEW 1. If available, Contractor will provide brochures that are acceptable to the Director of Public Services that describe the tree maintenance process and are readily accessible to the citizens of Morro Bay. 2. Public notice of the tree maintenance activity will be supplied by the Contractor with final approval by Director of Public Services or his designated representative. Upon request, the Contractor will supply the representative pictures of "Before and After" trimming that are suitable for reproduction. • Page 13 r• �„i .r: rr. • Contractor will provide on a monthly basis to the Public Services Director a report of any changes noted or performed by the Contractor to the existing Street Tree Inventory. • • MENEF-TOWIR Contractor will supply billings to the City of Morro Bay for work completed. Billing is to be by address, tree species and appropriate data acceptable to the City. The billing will be provided by a hard copy report and a computer disc. City of Morro Bay Public Services Department %590 Morro Bay Blvd. Morro Bay, CA 93442 2. The City of Morro Bay reserves the right to adjust quantities to this contract. These adjustments will be determined by the Director of Maintenance Services or his designated representative relative to the needs of the City of Morro Bay. Page 14 ATTACHMENT B SCHEDULE OF PRICES In conformity with the terms and conditions of the contract, CONTRACTOR hereby proposes to the CITY the following schedule of prices: AS DESCRIBED IN THIS CONTRACT UNIT PRICE Street Tree trimming with picture documentation for Trees less than 30' tall $39.00 Street Tree trimming with picture documentation for Trees 30-40' tall $39.00 Street Tree trimming with picture documentation for Trees more than 40' tall $39.00 Tree Removal Costs less than 20" inches in diameter $200.00 Tree Removal Costs 20"-30" inches in diameter $300.00 Tree Removal Costs 40" inches or greater in diameter $400.00 Hours Emergency Work Week Ends On per hour rate $300.00 Hours Emergency Work Nights On per hour rate $300.00 Tree Database Application Software per the attached specifications No Charge Include Other Crew or Equipment Options Available Emergency Night Work per Hour Emergency Week End Work per Hour ISA Certified full time Supervisor $100.00 $100.00 Tree Trimmer Arborists $ 50.00 $ 50.00 Drivers $ 50.00 $ 50.00 Ground Workers $ 50.00 $ 50.00 Chip Dump Truck no charge no charge Aerial Lift Truck with Chipper no charge no charge Root Pruning Tree Planting 15 gal. w/root barrier 15 gal/ w/o root barrier 24 inch box w/root barrier 24 inch box w/o root barrier Watering Crew Rental — 3 men, aerial unit, dump truck and chipper UNIT PRICE $ 7.00 $ 95.00 $ 80.00 $195.00 $160.00 $260.00 $150.00 UNIT DESCRIPTION Each (foot) Each Each Each Each Day Hour • • • Page 15 Request for Proposal MUNICIPAL TREE MAINTENANCE SERVICES Notice is hereby given that sealed Proposals will be received for MUNICIPAL TREE MAINTENANCE SERVICES per the attached specifications, at the office ofthe Purchasing and Materials Manager, 1300 Wost Laurel Avenue, Lompoc, California, until 2:00 pm NNE 9, 1999. They will not be publicly opened and read. If further information is needed, contact Ray Ambler at (805) 736-1261, Extension 500. If you expect to respond to this proposal please immediately fill out and fax PROPOSER CONTACT INFORMATION SHEET to (805)735-7628 to be on the active list to receive all addendums at -Ad other communication about this RFP. It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by Wthe Purchasing Office prior to proposal opening time. Late proposals will be returned to the proposer u.n opened. he receiving time in the Purchasing Office will be the governing time for acceptability of proposals. Proposals will not be accepted by telephone or facsimile machine all proposals must bear original signatures and figures. Ray Ambler Dated:. May 11, 1999 Published: May 16, 1999 0 b-i y oF- LowlPoQ. Page -2- MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R • Index to Sections Introduction................................................................... 3 Scope of Services & Technical Specifications .......................................... 4 RFP Responses Required .................................................... 4 Term of Contract.......................................................... 4 Services to Be Provided ..................................................... 4 Required Qualifications ......1. Pruning Standards and Specifications ........................................... 5 Specifications for "Street Tree Trimming" ....................................... 5 Specifications for "Street Tree Aesthetic Trimming" ................................ 6 Specifications for Palm Tree Trimming .......................................... 6 Specifications for"Tree Removal" ............................................. 6 Specifications for "Planting .................................................... 6 • Specifications for "Emergency / on Call Work" ...................... I ............ 7 • Schedule of Work and Hours of Operation ....................................... 7 General Terms and Conditions..................................................... 11 Attachment A Insurance Requirements ............................................... 14 Attachment B Proposal Signature Page ............................................... 15 Attachment C Cost Proposal Format ................................................ 16 Attachment D Proposer Contact Information Sheet .................................... 18 Attachment Reference Form ..................................................... 19 D Page -3- _dAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.99230 1 Introduction This specification is intended to describe a multi year "full service" MUNICIPAL TREE MAINTENANCE SERVICE from an Independent Contractor including all labor, equipment and materials to provide Aesthetic or Ornamental Trimming/Pruning with picture documentation, Street Tree Pruning, Palm Tree Trimming, Tree Removal, Tree Planting, Emergency removal of hanging limbs, damaged or down trees, clean up and disposal. The City would like billing submittal to be in the form of an invoice followed by 2 (two) Computerized Tree Inventory Data Base with Completed Tree Inventory at the conclusion of the fiscal year. The City has an estimated 17,000 trees. n LJ Page -4- MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO. 9923R 2 Scope of Services and Technical Specifications 2.1 RFP Responses Required - Vendor must respond line by line to each requirement. Identify the paragraph line number in your response. 2.2 Term of Contract - The term of the agreement shall be for the period from June 1, 1999 through May 31, 2001 with an option to extend at the same terms and conditions by the agreement of both parties in writing. After twenty-four (24) months of this agreement, upon request (with a letter of cost justification) by the CONTRACTOR, and agreement by the CITY, the item prices may be adjusted by an amount not to exceed the increase or decrease in the CPI ALL Urban Consumers Index, during the previous twelve (12) months. The percentage increase or decrease, in the "previous twelve months" shall mean the twelve (12) month period ending June 20th of that year, or if not available, the prior month. 2.3 Services to Be Provided The work shall consist of trimming street trees for safety, vehicle and pedestrian clearance and aesthetic tree trimming, tree removal and tree planting. Emergency work such as removal of hanging limbs and removal of downed trees is also included. Locations will be citywide. 4ee services to be performed by CONTRACTOR shall consist of tasks as set forth in the specifications. The cifications are incorporated herein by reference. The Specifications and this Agreement do not guarantee any specific amount of work. 2.4 Required Qualifications 2.4.1 Proposer must hold a State of California Contractor's License (C-27) at time of proposal submittal. 2.4.2 Proposer must have satisfactorily completed at least five (5) separate and individual Southern California municipal tree trimming projects in the last five (5) years or provide evidence of comparable projects. Each project shall be of comparable size to the scope of this project. 2.4.3 Proposer must have full time, permanently employed staff trained and certified in the tree maintenance industry. 2.4.4 Contractor must submit a Quality Control Plan at the time of proposal submission. The Quality Control Plan shall provide contractor management with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. This will include the staffing of an arborist, certified through the International Society of Arboriculture (ISA) for the entire length of the contract as Site Supervisor (certification required), certified tree workers as crew members highly desirable. 2.4.5 Contractor must submit current OSHA certification of all aerial devices and the most recent California Highway Patrol Commercial Vehicle Inspection Report to be used during this project at the time of proposal submission. 2.4.6 Contractor must submit current Safety Manual meeting SB 198 requirements for injury and illness prevention, at time of proposal submission. 4kPruning Standards And Specifications Page -5P MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R 2.5.1 All work shall conform to the attached 1988 Pruning Standards of the Western Chapter ISA and these specifications. In all cases the City's representative shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by the City's representative shall be excluded from payment 2.5.2 Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z 133 Safety Requirements. 2.5.3 Contractor shall provide and post "No Parking" signs 72 hours in advance of the work and distribute written notices to affected residents of the pending work. Notices shall be printed on both sides, English and Spanish. 2.5.4 Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced supervisor in tree trimming operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended - tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.. Contractor shall exercise such precautions as necessary when working adjacent to aerial and subterranean utilities. 2.5.5 In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility. company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA). • ..5.6 No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. 2.5.7 Any vine plant growing on the trees shall be removed to ground level. 2.5.8 Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth. 2.5.9 Unless otherwise provided, trees are to be trimmed block by block, subject to the instructions of the Parks and Municipal Tree Manager or her authorized representative. 2.5.10 Contractor shall maintain at least one (1) Bi-lingual English/Spanish speaking foreman, on -site at all times. 2.5.11 When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. 2.5.12 Topping shall not be done without prior approval of the City. 2.6 Specifications for "Street Tree Trimming" 2.6.1 Trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. 2.6.2 The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall -be removed at the trunk or main branch. All cuts shall be made sufficiently close, % inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. • Page -6- MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R 2.7 Specifications For "Street Tree Aesthetic Trimming" 2.7.1 Aesthetic tree trimming will be performed on a special request basis only. 2.7.2 The Contractor will be given specific locations for aesthetic trimming in writing by the Inspector prior to any work being performed. 2.7.3 Trees designated for aesthetic trimming shall be trimmed, shaped and thinned. 2.7.4 The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. . 2.7.5 The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close %2 inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly. Specifications For Palm Tree Trimming ..1 Standard trim; remove all dead and live fronds so that the remaining healthy fronds are existing at an upward 30 degree angle in relation to a horizontal plant at the head of the palm tree. All frond sheaths shall be removed along the entire length of the tree. 2.9 Specifications For "Tree Removal" 2.9.1 The trees to be removed will be marked in a manner determined by the Parks & Urban Forestry Manager. Only those trees so marked shall be removed by the Contractor. 2.9.2 Trees shall be felled in a manner consistent with industry practice with the primary emphasis on the safety of the public and the protection of adjacent property. 2.9.3 Stumps shall be ground to a minimum of eighteen (18") inches below. the level of the adjacent ground. Holes shall be filled with resulting mulch, plus additional top soil if necessary, and raked level with the adjacent ground. All wood, debris and excess mulch shall be removed and the surrounding area shall be raked and/or swept clan. NOTE: if stump grinding does not follow within the same work day as removal, the tree trunk shall be left at five (5") feet above grade and a safety barricade shall be placed and maintained over the stump until the stump grinding is complete. 2.9.4 The Contractor shall be responsible for contacting Underground Service Alert (USA) at 1-800-422-4133 for the locating of underground utilities prior to stump grinding operations. 2.10 Specifications For "Planting" - Planting trees, includes staking and installing ties, trunk guards and root barriers (only when specified), to maximize tree health and survival. Provide trees and all materials and labor necessary for a complete and proper installation. New trees are to be installed in accordance with AP WA Standard Oans for Public Works construction details 520-2 and double staked per 518-2 double. Page A MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R 2.11 Specifications For "Emergency / on Call Work" 2.11.1 The Contractor shall be required to provide emergency/on call response to hanging limbs, wind damaged or downed trees. This may be at night or during storm conditions. The Contractor will be given specific locations and the work to be done at each location via telephone call from a City authorized representative. The Contractor shall be required to start the work indicated within sixty (60) minutes of the initial telephone call and report back to the City Representative upon completion of the work specified. 2.11.2 The Contractor is required to provide 24-hour emergency .phone and/or pager numbers and names of a minimum of two (2) contact individuals within one week of award of contract. Should the phone number or contact person change during the course of the contract, those changes must be provided to the City. In the event the Contractor cannot be contacted or fails to respond a penalty of $500 per incident will be deducted from future Contractor work. 2.11.3 The Contractor shall be required to provide all traffic control required during his emergency operations. Should the work involve any high voltage lines the Contractor shall be required to notify the responsible utility company. 2.11.4 Work performed under the emergency provision of this contract shall be paid for on a time and material basis. This shall include all labor, tools, equipment, disposal fees and materials necessary for doing in emergency work. The contractor shall supply a list of manpower and equipment rates to be charged ailw A mark up percentage for materials and other costs. This list is to be supplied with proposal. 2.12 Schedule of Work and Hours of Operation - 2.12.1 Contractor will be required to commence work within fifteen (15) working days of award of contract. The Contractor shall, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order and location of work. 2.12.2 The general hours of operations shall be 7:00 to 3:00 p.m. on major streets and 7:00 to 4:00 p.m. on residential Streets, with respect to any chipping, cutting, or other operations generating harsh or unusual noise. Days of operation shall be Monday through Friday . No work shall be performed on Sunday. 2.12.3 In addition, the Contractor shall meet with the City's representative on Mondays between 8:00 a.m. and 8:30 a.m. in the Urban Forestry Division office. The purpose of the meeting is to review the week's work, receiving special instructions and to discuss any problems encountered on the job. 2.13 Clean Up 2.13.1 Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. 2.13.2 Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Contractor's equipment may be stored overnight; with advance approval, in the City yards; however the City will not be responsible for security of Contractor's equipment. • 05-25-1999 07:44 P.02/03 G. Page -8- MAY 7,1999 MUHICTPA TREE MAINTENANCE SERVICES RFP NO. 9923R 2.13.3 Brush and debris shallbe removed daily. sidewalks swept, lawns and parkways raked out and gutters cleaned. 2.13.4 The Puke & Urban Forestry Manager or her authorized representative, shall be the sole judge as to. the adequacy of the clean up. 2.14 Examination of Site Worst - This signed agreement will be considered prima Bee evidence that the Contractor hu car fi* a mmined the site of work, the proposal and this agreement, and is satisfied as to the conditions to be amuntemd, as to the character, quality and quantities of work to be performed and as to the requiremetue of this agreement. , Lls DMpoaal of MateslaY - M tree blanches, basal, troo trunb and other mateiab produced a a result of the Comtractots open *n under this ooatract become the property of the Contractor sad will be reduced. mused, recycled, a ad/orumsbmatsic:iUyaha mbedeposiWinabaMBsaechaattin1g-24•lengthsaMbighquality mulch may be aoespted by the City for tine in their Wood Waste Utilization Program 2.16 Lopeetion - TheParka sit Urban ForestryMansger or her designated representative. shall, at all times, have access to the work and shall be 8unished with every reasonable fatality for ssomnining flan knowledge respecting the progress, workmanship end character ofmaerials and equipment used and employed m the work. The inspection of tho work shall not relieve the Contractor of any ofhis obligatioato AM the contract and/or complete the project described. Defsctm work shall be made good notwithstanding the fact that such defecdvo work may have been • previously overlooked by the Paris & Urbm Forestry Manager or her designated representative and accepted for payment, 2.17 Beaeborm - The City is iotamte I in a public relatloas broebure that would be made available to the public about the tree trimming process. This would be a trice add on feature that would be use&L Not having the brochure available would not cause rejection of a proposal 2.17.1 Contractor would provide brochures that are acceptable to the Perks & Urban Forestry Manger that describes the tree trimming process and am readily accessible to the citizens of Lompoc. Sample broclarres must be included with the proposal submittal. 2.17.2 Public nodes of the Tree Trimming Program will be supplied by the Contractor with Anal approval by the Parks & Urban Forestry Manager or her designated repnesentatim. 2.19 Billing - Billing is to W by address sad b rJWe tree species, caliper. variety (Sotar W and Common), trim date, condition and appropriate data acceptable to the Parks & Urban Forestry Manager. This shall be supplied on IBM computer diskettes eompatrile with the supplied Ties Inventory Management Software Program along with one (1) had copy. 2.19 Tree Lavestiory Database - Cl mw*, the City has an inventory of approximately 100 % of the odsting trees in the City. The Contractor isto complw the inventory within ninety (90) days and will provide the City with astate of do ast secend keeping compute: and software system that allows the City to maintain in6ornmtion about a tree Page -0 MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R maintenance requirements and species names. The system will print condensed or detailed listings of tree and site information, work histories, service requests and summary reports. 2.20 . Pictures Documentation - Contractor is to supply, at no cost to the City representative pictures of 'Before and After" trimming that are suitable for reproduction when requested by the City. 2.21 Traffic Safety Program 2.11.1 Contractor shall conform to all City of Lompoc Traffic Safety requirements and operating rules at all times while this contract is in effect. The City will provide the Contractor with a Work Area Traffic Control Handbook (WATCH Manual) which will be used as reference. 2.21.2 Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. All traffic safety equipment must be approved for use, by the City, prior to use. 2.21.3 A traffic control plan will be submitted to the Parks & Urban Forestry Manager ten (10) days prior to starting this contract. Illuminated arrow boards, sign stands, delineations and/or cones shall be used to identify work site for vehicular and pedestrian safety. r1 J 2.22 Schedule of Performance - A list or map of City trees needing work shall be given to the Contractor monthly or more frequently if deemed necessary by the City. All such trees shall be pruned within thirty (30) days of receipt of such list by the Contractor. Emergency tree maintenance received during normal City working hours, shall be given to the Contractor on a daily basis, with tree care action required within twenty-four (24) hours. 2.23 The City of Lompoc reserves the right to adjust quantities to this contract. The Parks & Urban Forestry Manager will determine these adjustments relative to the needs of the City of Lompoc. 2.24 Evaluations Criteria - The firm will be evaluated on the basis of: Suitability of the Products, Services proposed to meet the needs of the City including: (30%) • Standard Arborists Services Proposed • Quality Control Plan • Safety Manual and Plan • Cal OSHA Compliance • Emergency Response Ability • Tree Inventory Data Base Proposed • Extra Services Proposed Page -10- MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R Cost (30%) • Actual Service, Equipment and Maintenance Costs Financial Terms and Conditions • Payment discounts Vendor Experience and Qualifications (30%) • Qualifications and capabilities of the vendor and its personnel References for current clients Municipal Experience • Staffing Credentials Compliance with the RFP requirements and process specified in this section (10%): • The extent to which written proposal addresses items specified in Scope of Services section of this request, cost and merits of the proposed work program. rIL Page -1 • MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R 3 General Terms and Conditions 3.1 Contact - The sole point of contact in the City of concerning the RFP should be submitted in writing Lompoc for purposes of this RFP is the Purchasing prior to the pre -proposal conference so that Agency and Materials Manager. All communications representatives may prepare responses in advance of regarding this solicitation are to be made solely the conference. Additional questions will be through the Purchasing and Materials Manager or entertained at the conference; however, responses may his/her designee. Only information communicated in be deferred and provided at a later date. Copies of all writing by the Purchasing and Materials Manager or written questions and the Agency responses will be his/her designee shall be the official position of the mailed to all vendors submitting a Letter of Intent to Department. Propose. Only the written responses will be considered official. City of Lompoc Ray Ambler, Purchasing and Materials Manager 1300 West Laurel Avenue Lompoc, CA 93436 (805) 736-1261 x500 (805) 735-7628 fax purchasing@ci.lompoc.ca.us The designee for questions concerning the technical specifications of the proposal is: City of Lompoc Cindy Mc Call, Urban Forestry Manager 100 Civic Center Plaza Lompoc, CA 93436 (805) 736-1261 x 536 (805)735-7628 fax ALL QUESTIONS SHOULD BE FAXED OR E- MAILED in a timely manner, to the Purchasing and Materials Manager by the date indicated. A summary of questions and answers will be sent to the prospective Offerors who returned the Proposer Contact Sheet. 3.2 PRE -PROPOSAL CONFERENCE - A pre - proposal conference for all participating vendors is :heduled on MAY 26, 1999, 10am, at City of Lompoc, Purchasing Department, 1300 West Laurel Avenue, Lompoc, California. Specific questions 3.3 Due Date - Proposals must be received by the Issuing Office by 2:00 p.m. on JUNE 9, 1999 are to r.:z be submitted in sealed envelopes. The project number and due date must appear on the outside of the submission envelope. Late proposals, late requests for modification, or late requests for withdrawal will not be considered. It is recommended that who possible, proposals be hand delivered. 3.4 Mandatory Requirements- Vendors responding to this solicitation must meet,all mandatory require- ments contained herein. If the.vendor does not meet a mandatory requirement, the Department will classify their proposal as "Unacceptable". The Department may also determine that a vendor is "Not Responsible", i.e., does not have the capabilities in all respects to perform the work required. Should a proposal be found unacceptable or if a vendor is found not responsible,. the offer will not be considered further. 3.5 AWARD - Contracts shall be awarded to the proposer whose proposal is determined to be the most advantageous to the City from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the Purchasing and Materials Manager to be in the best interests of the City and, as such, will not be determined by price alone and n not be the lowest proposal especially where services other features are of utmost importance. • Page -12- MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R An award made to a "responsive and responsible" vendor pursuant to this solicitation is tentative and is final only upon approval by the appropriate office of the City of Lompoc and execution on behalf of the City. 3.6 AMENDMENT - The Department reserves the right to amend or withdraw this solicitation at any time. If it does become necessary, the Purchasing and Materials Manager will furnish an addendum to all prospective Offerors listed by the Department as having returned the "Proposer Contact Sheet." All amendments will be identified as such and will be transmitted by facsimile machine. Iftheiime and date for receipt of offers does not permit preparation, the due date will be extended. 3.7 CANCELLATION OF SOLICITATION, JECTION OF ALL PROPOSALS, WAIVER MINOR ADMINISTRATIVE IRREGULARITIES - The City may cancel this solicitation or reject all proposals submitted when this action is determined to be in the City's best interests, or accept or reject all proposals, in whole or in part, and to waive or permit cure of minor irregularities. Vendors whose proposals are not accepted shall be so notified. 3.8 A public opening of proposals will not be held. 3.9 Response Property of the City - All materials submitted in response to this request become the property of the Agency. Selection or rejection of a response does not affect this right. 3.10 The Department is not responsible for any expenses incurred by Offerors in preparing and submitting proposals in response to this solicitation. Proposals should be prepared simply and economically, providing a straight forward, concise ascription of the Offerors ability to fulfill the require- ments of this solicitation. 3.11 All proposals shall be typewritten or written legibly in ink and all proposals shall be signed in ink as specified. 3.12 NUMBER OF PROPOSAL COPIES REQUIRED - Vendors are to submit the following numbers of copies of their proposals: 2 (two) 3.13 DISCREPANCIES - Should a vendor find discrepancies in the specifications or contract provisions, or should there be doubt as to the meaning or intent of any section, the vendor should request clarification from the Purchasing and Materials Manager. Failure to request clarification prior to the due date will be a waiver of any claim by the vendor. Offerors will be bound to the Department's interpretation. 3.14 COOPERATIVE PURCHASING: The successful offeror may agree to extend all terms and conditions to other tax -supporting agencies upon their request. These agencies will issue their own purchase order and be billed. directly by supplier. Bidders agreement or disagreement must be stated on bid form and will not effect bid evaluation. 3.15 REASONS FOR AUTOMATIC DISQUALIFICATION OF PROPOSAL Failure of proposer to fulfill all basic requirements will result in automatic proposal rejection. A Letter of Proposal Disqualification is sent to proposer failing to meet any of the requirements. The checklist of reasons for rejection as follows: Failure to ensure proposal was received by City of Lompoc Purchasing Offices on or before proposal opening date and time and the address specified in the proposal. Failure to submit proposal in ink (pencil is unacceptable). Failure to provide proposal security (if required and in the form and amount specified). Failure to attend mandatory proposers' conference or mandatory site inspection. - a Page -13• MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO. 9923R Failure to initial price alterations (in ink) for one or more items. Failure to provide information or other supplemental materials as specified in the RFP or bid. Failure to bid on all items when specifically required. These items are self-explanatory and are applied equally and irrevocably to all vendors ' and their proposals. Therefore, proposers must be conscientious in fulfilling all requirements in order to have their proposals considered for award. • • • Page -14- MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO. 9923R ATTACHMENT A INDEMNITY AND INSURANCE REQUIREMENTS I. Contractor shall secure the following insurance coverage to protect it and the City from claims brought against the City, their employees, authorized representatives, agents, or third parties. 1. Worker's Compensation Insurance as required by State of California statutes, and employees liability insurance (including disease coverage) in an amount not less than $1,000,000 per occurrence. Insurer shall waive all rights of subrogation against the City, its employees, representatives, and agents. 2. Automobile Liability Insurance with coverage for any vehicle including those owned, leased, rented, or borrowed. This insurance shall have an endorsement naming the City as Additional Insured and with a standard cross -liability clause or endorsement. The limit amount for this insurance shall be not less than $500,000 per occurrence combined single limit for bodily injury and property damage. 3. General Liability Insurance including premises and operations, products, completed operations, contracmal.liability, independent contractors, and broad form property damage coverages. This insurance shall be on a commercial insurance, occurrence form with an endorsement naming the City as Additional Insured and with a standard cross -liability clause or endorsement. The limit amount for this insurance shall be not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. II. The insurance policies described above shall include the following provisions or have added by endorsement: •1. The coverages shall be primary, and no other insurance or self-insurance such as may be utilized by the City shall contribute to a loss under these policies. 2. The policies shall not be canceled or materially altered without 30 days prior written notice to the City. The certificates and endorsements are to be signed by a person authorized by the insurers to bind coverage on their behalf. III. The insurers utilized shall conform to the following terms: 1. Insurers shall have at least a "A-" policy holder's rating and an "VIP financial rating in accordance with the most current Best's Key Rating Guide. 2. Contractor shall furnish the City, within ten (10) calendar days of receiving Notice of Award, or a Request for Insurance letter, and not less than two (2) working days prior to the commencement of the work, with adequate certificates of insurance and with original endorsements affecting coverage as will demonstrate that the provisions and/or requirements of this section have been complied with. IV. The City reserves the right to require complete, certified copies of all required insurance policies at any time. V. DEFEND, HOLD HARMLESS AND INDEMNITY Contractor shall defend, hold harmless and indemnify the City and its agents, officers, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees and all expenses of litigation arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, the City, or 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 willful misconduct of the City. J041999 is Page -15• MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R Attachment B Proposal Signature Form Responding to Request for Proposal due 2:00 p.m., JUNE 9, 1999 the undersigned Offeror agrees to famish and deliver MUNICIPAL TREE MAINTENANCE SERVICES in accordance with these specifications. The original proposal submitted by proposer, including original signatures, must be original. Copies will not be accepted. The representations herein are made under penalty of perjury. Payment Discount: Discount for payment of invoice within 20 days of receipt is: % Payment discounts of 20 or more days will be considered in award of proposal. Discounts which are not earned will not be taken by the City. We hereby certify that: - That this proposal was not made in the interest of or on behalf of any undisclosed person, partnership, association or corporation. - That this proposal is genuine and not collusion or sham; and that we did not, directly or indirectly, induce or solicit anyone else to submit a false or sham proposal. hat we have not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudice the interest of the City. of Lompoc, or any other proposer or anyone else interested in the proposed contract; and further, - Did no4 in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, profit, or cost element of this proposal price, or that of anyone else. We hereby offer to sell the City of Lompoc the above material and/or service at the prices shown and under the terms and conditions printed hereon or attached or referenced. Company Name Name of Proposer Address Phone Number Fax Number Signature of Authorized Representative Name and Title (Please Print) Web Page Address E-Mail Address Date 40 • Page -16- MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO. 9923R Attachment C Cat Proposal Format Pteam supply the Mowing information with your cost proposal. The RFP cost proposal will be svahsatsd on the basis of the following utimated tree work mix for the fist year. This work wig include approxkumly 4000 Grow of varying am with the following descriptions, (your labor and equipment should be hwluded). Tbme quantitin are an *valuation er imam only - this is not a guaraatsa, p� Quantities Description Unit Cost Extended Cost 1S00 Street Tree trimming with pla= doauaentation for Trees less than 30' tan $39.00 $58, 500.00 1500 Street Tree Trimming with *taro doeummrtation for Trees 30.40• tall $39.00 $58, 500.00 1000 Stred Tree 'rimming with picture documentation far Trees more than 40'tall $39.00 $39.000.00 50 'has Removal Cam lea than 20" inches in diamettr $200.'00 $10, 000.00 5o Tree Reamal Coxts 206 - 30" inches in diameter $300.00 is 000.00 50 Tree Rae val Casa 40" inches or greater in diameter $400. 00 $20, 000.00 48 Hours Bmorgency Worst Week Ends On pet hour rate $ 300.00 414,400.00 48 Hours Emagwjcy Work ITWu On per hour ate $:100. 00 $ i 4 , 400.00 1 Tree Daft Bane Application Software par the attached � No Charge $0.00 Subtotal $229,800.00 Sales Tax on Material* not on labor @ 7.75'h $o. 00 Total ofthe cost proposal 229 800.00 Do you agree X 1disagreo to cumd this agreement to other govemTAM agc=ea. Page -17• MAY 7, 1999 MUNICIPAL TREE MAINTENANCE SERVICES RFP NO.9923R Please list any costs not included above here or on attachment: Comments: • ID �4ff t �jvi� �,/ Al��ta 1 • RESOLUTION NO. 78-99 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF CONFIDENTIAL EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with the confidential employees; and WHEREAS, the meeting between the confidential employees and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the confidential unit accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said • management employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution. PASSED AND ADOPTED by the Morro Bay City Council at a result meeting thereof held this 81 day of November, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ia��� el V, 61-11fA� R ANDERSON, Mayor ATTEST: BRIDGETT AUER, City Clerk r� L • MEMORANDUM OF UNDERSTANDING BETWEEN THE CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY ARTICLE 1 - PURPOSE 1.1 WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and 1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure because it is a public entity rather than a profit making business; and 1.3 WHEREAS, Confidential Employees and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE, this Memorandum of Understanding is entered into as of July 1, 1999, between the City of Morro Bay, referred to as "CITY" and the Confidential Employees, referred to as the "UNIT." • 1.5 It is the intent and purpose of this memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - MANAGEMENT 2.1 In order to ensure that the City shall continue to carry out its municipal functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public service for the citizens of Morro Bay, the City continues to reserve and retain solely and exclusively all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law and those City rights set forth in the City's Personnel Rules and Regulations and including but not limited to the following: 2.1.1 To manage the City and determine policies and procedures and the right to manage the affairs of all Departments. 2.1.2 To determine the existence or nonexistence of facts which are the basis of • the management decision in compliance with State law. 2.1.3 To determine the necessity, organization, implementation, and termination of any service or activity conducted by the City or other government jurisdiction and to expand or diminish services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees in accordance with Department or City rules, regulations, or ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of services to be provided to the public. 2.1.6 To require performance of other public services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the City. 2.1.7 To lay off employees because of lack of work or funds or under conditions • where continued work would be inefficient or nonproductive or not cost effective, as determined by the City. 2.1.8 To determine and/or change facilities, methods, technology, equipment, operations to be performed, organization structure, and allocate or assign work by which the City operations and services are to be conducted. 2.1.9 To determine method of financing. 2.1.10 To plan, determine, and manage Departments' budget which includes, but is not limited to, changes in the number of locations and types of operations, processes and materials to be used in carrying out all functions and the right to contract or subcontract any work or operations. 2.1.11 To determine the size and composition of the work force, assign work to employees of the City in accordance with requirements determined by the City and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this agreement, or subsequent agreements. 40 2.1.12 To establish and modify goals and objectives related to productivity and performance programs and standards, including but not limited to quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees in accordance with division and/or City Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the City and to take necessary action to achieve the goals and objectives of the City. 2.1.15 To hire, transfer intra or inter Department, promote, reduce in rank, demote, reallocate, terminate and take other personnel action for non - disciplinary reasons in accordance with Department and/or City Rules, Regulations and. Ordinances. 2.1.16 To determine policies, procedures and standards for recruiting, selecting, training and promoting employees. • 2.1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in facilities and operation. 2.1.19 To restrict the activity of an employee organization on City facilities except as set forth in this agreement. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the City in emergencies or any other time deemed necessary by the City and not specified above. 2.2 Nothing herein is meant to diminish City rights provided by the Government Code. 2.3 AUTHORITY OF THIRD PARTY NEUTRAL - MANAGEMENT RIGHTS All management rights, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City. No third party neutral shall have the authority to diminish any of the management rights • which are included in this agreement. 2.4 Nothing herein is meant to diminish employee rights provided by the Government Code. ARTICLE 3 - RECOGNITION 3.1 The Confidential Unit is comprised of the following classifications: Account Clerk III - Payroll Administrative Technician," Personnel Executive Secretary/City, Clerk The term "employee" or "employees" as used herein shall refer only to the foregoing classifications. 3.2 Employees working on a regular basis in a classified position, but less than full- time shall receive vacation and sick leave accruals on a pro -rated basis commensurate with hours worked. Effective January 1, 1998, all.benefits for new hires, including insurance benefits, will be allocated on a pro -rated basis commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT: All Employees hired after the effective date of this contract shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH member financial institution. ARTICLE 4 - TERM Except as otherwise specifically provided herein, the term of this Agreement commences on July 1, 1999 and expires and is otherwise fully terminated at midnight on June 30, 2002. ARTICLE 5 - ANTI -DISCRIMINATION The CITY and UNIT mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. 4 is • ARTICLE 6 -WORK SCHEDULE This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. 6.1 WORKDAY: The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. Alternative work schedules can be implemented upon approval of the City Manager, and providing they are not in violation of FLSA regulations. 6.2 WORKSHIFT: Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without 24 hour prior notice to the employee. Call -out or overtime does not constitute as change in workshift. 6.3 WORKWEEK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) day period beginning Saturday, 12:00 a.m. and ending seven days later on Friday night at 11:59 p.m., except in cases of emergencies, or at the specific request of an employee and approval of department head. Nothing herein shall be construed to eliminate currently established irregular work schedules. 6.4 OVERTIME COMPENSATION 6.4.1 All work required by the City and actually performed beyond forty (40) hours worked in a workweek is defined as Fair Labor Standards Act (FLSA) overtime. FLSA overtime shall be compensated at one and one- half (1.5) times the employee's regular rate of pay, as defined by FLSA. 6.4.2 Designated City holidays shall be considered as time worked for purposes' of computing overtime for personnel working a Monday through Friday, 8 hours a day, schedule with Saturday and Sunday as regular days off. Employees working other schedules will accrue 8 hours holiday time and, if working on the City designated holiday, be paid at the rate of one and one-half (1.5) time the employee's regular rate of pay, as defined by FLSA. 6.5 COMPENSATORY TIME OFF (CTO) 6.5.1 At the employee's option, Compensatory Time Off may be taken in lieu of payment for overtime. 6.5.2 CTO may be accrued. An employee's CTO balance shall indicate the amount of CTO available for employee's use. For example, if an employee works two (2) hours of FLSA overtime and elects to accrue CTO, the employee's CTO balance shall indicate three (3) hours. 6.5.3 An employee's CTO balance shall not exceed a maximum of forty (40) hours. If overtime is earned which would exceed this limit, the excess shall be paid in cash. 6.5.4 FLSA overtime shall be accrued and taken at one and one-half (1.5) times the amount of overtime actually worked. For example, if an employee works two (2) hours FLSA overtime in a workweek, the employee shall be entitled to either two (2) hours pay at one and one-half (1.5) times the employee's regular rate of pay, or three (3) hours of CTO. 11 6.5.5 All CTO requested by an employee shall be approved in advance by the employee's Department Head. • 6.6 EMERGENCIES: 6.6.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. 6.6.2 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. ARTICLE 7 - VACATION LEAVE NOTE: ALL LEAVE TIME (VACATION, SICK LEAVE, HOLIDAY, ETC.), WILL BE TAKEN OFF ON AN HOUR FOR HOUR BASIS EQUALING EMPLOYEE ACTUAL TIME OFF, REGARDLESS OF ACCUMULATION RATES. 7.1 During the term of this agreement, paid vacation leave shall be earned at the following rate: go • Service Years Entitlement in Days 1 thru 2. 10 3 thru 4 11 5 thru 6 12 7 thru 8 13 9 thru 10 14 ; 11 thru 12 15, 13 thru 14 16. 15 thru 16 17 17 thru 18 18 19 thru 20 19 21 or more 20 7.2 The standard for vacation time is eight (8) hours equals one (1) day. 7.3 MAXIMUM ACCUMULATION It is recognized long-standing accumulations of vacation time exist for some employees. In order to compensate employees for this unused vacation time and reduce this liability for the City, CITY and UNIT agree on the following policy: • 7.3.1 Unused vacation leave may be carried over into the following year to a maximum of 400 hours. Employees exceeding the 400 hour maximum as of the pay period containing November 1 of each year will be paid off for vacation time exceeding the 400 hour maximum. The City shall make said payment with the pay period containing December 1 of each year. Payment shall be computed based upon the employee's base hourly rate of pay as of June 30 of the same calendar year. 7.3.2 Employees separating from the City are entitled to pay for accumulated vacation based upon employee's base hourly rate of pay as of June 30 prior to separation. ARTICLE 8 - HOLIDAYS 8.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day Labor Day Veteran's Day Thanksgiving Day Z July 4 1st Monday in September November 11 4th Thursday in November 4 Day after Thanksgiving Christmas Day New Year's Day Martin Luther King, Jr. Day Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday Floating Holiday Friday after Thanksgiving • December 25 January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May Varies Varies 8.2 Holidays falling on Saturday shall be observed on the preceding Friday and holidays falling on Sunday shall be observed on the following Monday; and, shall be considered designated holidays for purposes of overtime. 8.3 One holiday equals eight hours. Accrued holiday time may be taken in less than eight hour increments. 8.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be selected by the Department Head. 8.5 Employees may accumulate up to a maximum of 48 hours holiday time. Hours • of holiday time accumulated over 48 hours will be paid off. When an employee terminates employment with the CITY, he/she shall receive pay for his/her current holiday balance up to a maximum of 48 hours at his/her current base hourly rate. 8.6 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. ARTICLE 9 -ADMINISTRATIVE LEAVE 9.1 Each member of this Unit is eligible to earn twenty-four (24) hours of administrative leave per fiscal year. The time during the fiscal year at which an employee may take administrative leave shall be determined by their department head with regard for the wishes of the employee and particular regard for the needs of the services. 9.2 Up to 24 hours of administrative leave may be rolled over into the following fiscal year. Upon termination, employee will be paid the pro -rated amount commensurate with that portion of the fiscal year worked. 40 a • ARTICLE 10 - SICK LEAVE 10.1 During the term of this agreement, sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar month of service... Sick leave used shall be actual employee time off. For example, if an employee works four (4) ten (10) hour days per week and is off sick for one of the ten (10) hour days, ten (10) hours shall be deducted from employee's sick leave balance. There shall be no maximum to the amount of sick leave that an employee may accumulate. 10.2 Based on individual utilization of paid sick leave in the preceding fiscal year, employee may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below: Maximum Conversion Sick Leave Utilization Sick Leave To Vacation Leave 0 hours 96 hours 48 hours 0 to 8 hours .72 hours 36 hours 8 1/4 to 16 hours 48 hours . 24 hours 16 1/4 to 25 hours 24 hours 12 hours Over 25 hours 0 0 • At least 160 hours shall remain in employee's sick leave bank after any conversion is authorized. 10.3 Upon the service retirement of an employee who has more than ten (10) years of service with the CITY, said employee shall be entitled to receive payment for up to the first ninety (90) days of his/her accrued sick leave at twenty-five percent (25%) of the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. NOTE: Sick leave converted to service credit for PERS purposes cannot be compensated (converted to dollars). ARTICLE 11 -RETIREMENT BENEFITS 11.1 The City shall contribute 7% percent of an employee's salary on behalf of the employee to the Public Employees Retirement System (hereinafter referred to as PERS). C1 11.2' The CITY contribution will be the employee's actual PERS obligation to a • maximum of seven (7) percent. The City will continue to pay for the optional benefit of 2% @ 55. 11.3 These amounts paid by the CITY are employee contributions and are paid by the CITY to partially satisfy the employee's obligation to contribute to PERS. 11.4 An employee has no option to receive the contributed amounts directly instead of having them paid by the CITY to PERS on behalf of the employee. 11.5 UNIT understands and agrees that employees bear the risk of payment of any increases in the employee contribution above the current percentage made by action of the PERS or the state legislature. 11.6 Parties agree that CITY payment of PERS contributions are made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. 11.7 Should current tax treatment change, the UNIT and the employee shall hold harmless the CITY, it's officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay part of the employee's PERS contribution. 11.8 Should current tax treatment change, the UNIT shall have the opportunity to • meet and confer regarding any such changes. 11.9 The CITY agrees to continue providing PERS Confidential employees in this unit with the following PERS optional benefits: 11.9.1 2% at 55 plan (Section 21354) 11.9.2 Sick Leave Credit Option (Section 20965) 11.10. If the State Legislature adopts a two-tier P.E.R.S. retirement program applicable to unit members, then all unit members employed after the effective date of such P.E.R.S. changes shall be placed in a new retirement plan or one selected by the CITY. Current employees at the time of plan adoption will have a one-time option to enter the new plan; enrollment period to be selected by CITY. ARTICLE 12 - HEALTH BENEFITS 12.1 MEDICAL INSURANCE During the term of this Agreement, the City shall offer PERS medical insurance plans. 10 • 12.1.1 Employees of this unit shall participate in the PERS medical insurance plans on a cafeteria style basis, with the CITY contributing a maximum of $16.00/month to the active employee's medical insurance, and $1.00/month to retiree medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and Retiree. 12.1.2 CITY shall pay to each active employee by each pay period (subject to appropriate taxation) the sum of $407.00/month. CITY and UNIT agree that CITY payment of this lump sum is based on favorable tax treatment by the IRS and the State Franchise Tax Board. Should the tax treatment change, the UNIT -and the employees hold harmless the CITY, its officers and agents, including but not limited to, liability for back taxes, arising out of this Agreement to pay such lump sum. 12.1.3 Any increases in medical insurance rates during the term of this Agreement shall be paid by employee. 12.2 DENTAL AND VISION INSURANCE 12.2.1 During the term of this Agreement, the City shall offer dental/life and vision insurance and each employee shall be required to carry both • dental/life and vision insurance for self. VISION DENTAL LIFE TOTALS Employee Only $ 7.10 $26.55 $5.90 $39.55 Employee +1 $14.10 $72.36 $5.90 $92.36 Employee +2 $18.20 $72.36 $5.90 $96.46 12.2.2 Any changes to the dental/life or vision premiums that occur during the term of this Agreement shall be shared one half by the employee and one half by the City. 12.3 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. ARTICLE 13 - EDUCATION INCENTIVES 13.1 CITY agrees to reimburse the costs for job related and job -required certifications, correspondence courses, and licenses (except Class III drivers license) upon successful completion of the examination or course by the employee having. written authorization in advance from their department head. This shall include . application fees, examination fees, and certificate fees. Renewal fees may be 11 paid in advance by the CITY. This provision does not apply to continuing . education requirements. CITY agrees to provide a CITY vehicle, when available, during normal working hours for required transportation and will permit paid time for employee to take examinations scheduled during normal working hours. No mileage payments are authorized for personal transportation, and time spent outside normal working hours shall not be compensated. 13.2 COLLEGE DEGREES ' 13.2.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above the minimum required in their respective classification. Associate of Arts Degree - $600 annually Bachelors Degree - $1200 annually 13.2.2 If an employee's job description requires an AA degree and the employee has a Bachelor's Degree, the employee will receive only the difference between an AA and a BA degree, or $600 annually. • 13.2.3 If an employee's job description requires a degree or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. The parties agree that this section shall not be interpreted to reduce the amount of education incentive pay that any employee hired prior to January 1, 1998 receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee hired prior to January 1, 1998 promotes to a position requiring a degree.not required by the lower position, or if the job description for an employee hired prior to January 1, 1998 is revised to require a degree not previously required for the position, the employee shall continue to receive the amount of the education incentive pay received in the lower position or, previous job description. 13.2.4 Based on the new job descriptions for all classifications which were adopted in May 1995, as well as salary survey implementation over the last three years, employees currently in positions now required to hold an . 12 . AA or BA degree according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees hired on or after January. 1,. 1998 or current employees promoted on or after January 1, 1998 to positions requiring degrees will be subject to section 13.2.3 above. 13.2.5 Employees hired on or after January 1, 1998 shall not be eligible for this incentive. Additionally, employees in this unit hired prior to January 1,. 1998 and in the process of obtaining their AA or BA degree have until December 31, 2000 to obtain said degree and be eligible for the incentive. After December 31, 2000, this incentive shall expire except as otherwise set forth in this section. CITY and UNION further agree that the City Manager may consider requests for extensions to the December 31, 2000 deadline to obtain an AA or BA degree on a case by case basis due to extenuating circumstances. The City Manager shall determine, in the City Manager's sole discretion, whether such circumstances exist, and the City Manager's determination shall not be subject to review under any provisions of this memorandum of understanding or otherwise. Said extension(s) to this deadline shall in no event be beyond December 31, 2002. • ARTICLE 14 - SALARIES 18.1 All classifications in the Unit shall receive salary increases as follows: 7-1-99 3% 7-1-00 3% 7-1-01 3% 14.2 All salary adjustments, including but not limited to merit increases, educational incentives, and any other pay adjustments will take effect at the beginning of the next payroll period after the scheduled effective date of the increase. 14.3 Any and all special pay incentives will be calculated on base salary. 14.4. Attached Exhibit A reflects salaries for members of this unit for the duration of this Agreement. ARTICLE 15 - SPECIAL PAY PRACTICES Members of this Unit who are required by their supervisor to attend meetings outside of • the normal work schedule for the purpose of taking minutes of said meetings shall be 13 paid a minimum of three hours at time and one-half without regard to hours actually • worked during the work week. Minutes taken at meetings during regular work hours shall be included in employees' regular rate of pay and not compensated beyond that. ARTICLE 16 - PROBATION The probationary period for newly hired employees shall be twelve months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The City shall have the option of granting a newly hired employee regular status at any time after nine (9) months of service. ARTICLE 17 - NO STRIKE, NO LOCK -OUT 17.1 During the term of this Agreement, the CITY will not lockout any employees nor will the UNIT cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term "other concerted action" includes picketing or boycott activities by the UNIT. 17.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. • 17.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 18 - FULL UNDERSTANDING, MODIFICATION, WAIVER 18.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 18.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 18.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon n U 14 the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the City and ratified by the membership of the UNIT. 18.4 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 19 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Date: 1 `l C �. 0� 0� Date: CONFIDENTIAL EMPLOYEES UNIT CITY OF MORRO BAY David J. Cole, City Manager Ardith Davis, Personnel Officer 15 CITY OF MORRO BAY SALARY SCHEDULE JULY 1,1996 - JUNE 30, 2000 3.0% INCREASE Confidential EXECUTIVE SEC/CITY CLERK ACCOUNT CLERK III ADMINISTRATIVE TECH. 5 4 3 2 1 5 4 3 2 1 $39,648 $37,760 $35,962 $34,249 $32,619 $34,236 $32,606 $31,053 $29,574 $28,166 $336,873 MONTHLY BIWEEKLY HOURLY $3,304 $1,524.92 $19.06 $3,147 $1,452.31 $18.15 $2,997 $1,383.15 $17.29 $2,854 $1,317.29 $16.47 $2,718 $1,254.56 $15.68 $2,853 $1,316.77 $16.46 $2,717 $1,254.07 $15.68 $2,588 $1,194.35 $14.93 $2,465 $1,137.48 $14.22 $2,347 $1,083.31 $13.54 $27,989 $12,918.21 $161.48 11 • salaryschd confidential 71 99.123 1 10/18/99 10:26:24 AM CITY OF MORRO BAY • SALARY SCHEDULE JULY 1, 2000 - JUNE 30, 2001 3.0%.INCREASE F-Kmi 4111 EXECUTIVE SEC/CITY CLERK 5 $40,836 4 $38,891 3 $37,039 2 $35,276 1 $33,596 ACCOUNT CLERK III 5 $35,268 ADMINISTRATIVE TECH. 4 $33,589 3 $31,989 2 $30,466 1 $29,015 • • $345,965 $3,403 .$1,570.62 $19.63 $3,241 $1,495.82 $18.70 $3,087 $1,424.59 $17.81 $2,940 $1,356.76 $16.96 $2,800 $1,292.15 $16.15 $2,939 $1,356.46 $16.96 $2,799 $1,291.87 $16.15 $2,666 $1,230.35 $15.38 $2,539 $1,171.76 $14.65 $2,418 $1,115.96 $13.95 $28,830 $13,306.34 $166.34 �a rnnfiri=n+iml 7 1'1D 19..1 1 10/18/99 10:33:15 AM CITY OF MORRO BAY SALARY SCHEDULE JULY 1, 2001 -JUNE 30, 2002 3.0%INCREASE STEP ANNUAL MONTHLY BIWEEKLY HOURLY Cbnfidential EXECUTIVE SEC/CITY CLERK 5 $42,060 $3,505 $1,617.69 $20.22 4 $40,057 $3,338 $1,540.66 $19.26 3 $38,150 $3,179 $1,467.30 $18.34 2 $36,333 $3,028 $1,397.42 $17.47 1 $34,603 $2,884 $1,330.88 $16.64 ACCOUNT CLERK 111 5 $36,324 $3,027 $1,397.08 $17.46 ADMINISTRATIVE TECH. 4, $34,594 $2,883 $1,330.55 $16.63 $32,947 $2,746 $1,267.19- $15.84 2 .$31,378 $2,615 $1,206.85 $15.09 1 $29,884 $2,490 $1,149.38 $14.37 $356,330 $29,694 $13,705.00 $171.32 0 0 9 c=Innmnhri r.nnfirIp.nti;;I 7 1 ni 123 intmoo 11-9n,1n ARA • RESOLUTION NO. 77-99 RESOLUTION SUPPORTING PROPOSED HARBORS OF SAFE REFUGE LEGISLATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, The City of Morro Bay Harbor was constructed as a emergency Navy base and harbor of safe refuge by the Federal government during World War 1I; and, WHEREAS, numerous other small craft harbors in California are traditional "Harbors of Safe Refuge" with sometimes hundreds of miles of coastline between other harbors in the State; and, WHEREAS, California, unlike the East Coast of the United States, has many areas of isolated coastline with long stretches between all-weather safe harbors; and, WHEREAS, the Federal government must provide maintenance dredging to keep these "Harbors of Safe Refuge" open for marine safety; and, WHEREAS, in the past the Federal government has proposed policies that would have resulted in reduced or eliminated support for maintenance dredging of small craft harbors; and, • WHEREAS, if these policies would have been implemented, many small craft harbors critical to on -going marine safety and commerce would have been closed to vessel traffic or limited to smaller size vessel due to lack of funding for maintenance dredging. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby resolve that the State of California should designate certain small craft harbors on the coast of California as State "Harbors of Safe Refuge". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the I I" day of October 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None BRIDGETT03AUER, CITY CLERK RESOLUTION NO.76-99 A RESOLUTION OF ACCEPTANCE OF AN OFFER OF DEDICATION TO THE CITY FOR SIDEWALK AND HANDICAP RAMP PURPOSES ON MAIN STREET AT THE NORTHEAST CORNER OF THE INTERSECTION OF NEVIS AND NASSAU STREETS. Main and Nevis/Nassau Street, dedication of portion of northeast corner of: 301 Nassau Street, lot 20 of Block 5H, City of Morro Bay Atascadero Beach Subdivision THE CITY COUNCIL City of Morro Bay, California WHEREAS, on August 3, 1998, the Morro Bay Planning Commission approved construction of a single family residence at 301 Nassau Street (VAR 04-98); and WHEREAS, pursuant to the approved public improvement plans for construction of said residence, off -site public improvements are required on the Nassau and Main street frontages; and • WHEREAS, to achieve the required width and radius for installation of the sidewalks and handicap ramps it is necessary that the owners offer to dedicate to the City a triangular area of approximately 3.5 feet x 12 feet at the Main Street comer of the lot; and WHEREAS, the owner has made said offer attached herewith as recorded Document No. 1999- 049141; and WHEREAS, it is in the public interest to accept the offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached offer of dedication to the City made by the owner of the above described land is hereby accepted on behalf of the public. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27' day of September, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None 1�41/ ✓�_ D R AND RSON, Mayor • AT EST: BRIDGETT03AUER, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF MORRO BAY PUBLIC WORKS DEPARTMENT 695 HARBOR STREET MORRO BAY, CA 93442 Doc No: 1999-049141 Rpt No: 00061209 Official Records :NF -1 0.00 San Luis Obispo Co. Julie L. Rodewald Recorder Jul 08, 1999 Time: 10:20 L 41 ;TOTAL 0.00 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE This OFFER TO DEDICATE, made the 8+h day of J U Ly , 199—q-, by RONALO A1cINToS14 rk Nir-y— I Lr-aNTI�t t: of the City of Morro Bay, County of San Lurs Obispo, State of California, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an offer to dedicate , irrevocably, to the public, an easement , for street purposes, which offer may be accepted at any time by the City of Morro Bay which has the power to establish, construct and maintain streets. NOW, THEREFORE said Offeror covenants and promises as follows: • 1. That said offeror is the owner of the following interest described below: Lot 20 of Block 5H of Atascadero Beach in the City of Morro Bay, County of San Luis Obispo, State of California according to the map filed July 2, 1917 in Book 2 of Maps at Page 15 in the Recorder's Office of said County and State. 2. That said offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of a public right-of-way for street purposes and incidental uses upon the following described property: That portion of Lot 20 Block 5H of Atascadero Beach in the City of Morro Bay, County of San Luis Obispo, State of California according to the map filed July 2, 1917 in Book 2 of Maps at Page 15 in the Recorder's Office of said County and State described as follows: Beginning at the most southerly comer of said Lot 20 said comer being on the northwesterly right-of-way of 14th Street (now called Nevis Ave) as shown on said map; thence along said northwesterly right-of-way North 46017'09" East (North 46015'30" East record) a distance of 12.03 feet; thence leaving said right-of-way South 62021'05" West a distance of 12.53 feet to the northeasterly right-of-way of Main Street (County Road per said map); thence along said northeasterly right-of-way South 43052'52" East a distance of 3.47 feet to the point of beginning. This legal description is based on a boundary survey by Wilson Land Surveys. The attached map labeled "MAP OF AN OFFER OF DEDICATION" is to be used to assist in retracing the lines of this description. Kenneth Wilson • Expires 9-30-99 • 3. That until such time as the above offer of dedication is accepted by the City of Morro Bay, all owners of property contiguous to the above described street parcel shall have the right to use of said street parcel as a private street. 11 0 4. That said offeror agrees that said offer of dedication shall be irrevocable and that the City of Morro Bay may, at any time in the future, accept said offer of dedication of the public right-of-way. 5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees, successors and assignees. 6. That said Offeror agrees that any trust deeds shall be subordinate to this Offer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first abo written _ Y Q� cw--ice'-'�' Offeror RoN,4q-0 Mal -Tp zz� Offer r NtCK Irl/. LEOI�I'Tl (NOTARIAL) ACKNOWLEDGEMENTS State of California County of , b 'n . �— �qs� Ma rs � efore me �'^ L On Offeror Offeror personally appeared ` Ro-t-Nu /c( F. //7C.:Pk Yvs personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his,her,their signatures(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. Witnn/e�/s/s my hand and seal. iy(/ NEt(TTe 11:1 (:2,cw Lam-. Name printed County of 2Z- cLc MARS!fA SFIi-H >COMM. #1140607 Ou NOTARY PUBLIC-CALIFORNIA *my toCo PRINCIPAL OFFICE IY DtoTULARE COUNTY J Commission Exp. May 24, 2001 • State of Califf * rc �_ County of // S 4� On before me a ars Z� personally appeared /? i L/G. //i a(�am� �"/ce t' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his,her,their signatures(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and seal. //11 t" Narfie Natne printed County of,/ /�/�Gi"t- C.V\DCADD\CMLW L-046\DWG\OFFERNEV.Dw • 11 rL 1 � �7RRSFlA Sh4TN � V ^ p0 COMM.YN40607 CD NOTARY PUBLIC-CALIFORNIA m PRINCIPAL OFFICE IN COUNTY CoLARE mmiW n Exp May 2/, 200I u •c ' • MAPR TION OF ANOF LOTo OFFERBLOCK 5HASOFRoDEDICATION OF A POBEACH CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO. CALIFORNIA SCALE 1"=20' SHEET i OF 1 APRIL 1998 GRAPHIC SCALE 20 0 10 20 40 t:h n (lr nor.i I IPMT u CITY COUNCIL RESOLUTION NO. 75-99 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 1999-2000 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 28, 1999 by adoption of Resolution No. 56-99; and • WHEREAS, the City Council finds it necessary to amend said budgets. NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro Bay are amended by modifying appropriations as shown on the attached summary schedule. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of September, 1999, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None OD R ANDERSON � (1 Ma r BRIflyFff BAUM City Clerk V YYSwIC@1OS11.Vdm.RTp City of Morro Bay • City Council Resolution 75-99 Summary Schedule of Supplemental Appropriations Dept/item Account Number Amount Police/Gen antenna repeater Fire/Rental cabinets antenna General Fund 001-4110-7302 Equipment Acquisition 3,500 001-4110-6602 Outside Structural Repairs 2,500 001-4110-6106 Contractual Services 2,500 001-4210-6810 Equipment Rental 800 001-4210-7310 Office Furniture 5,000 001-4210-6106 Contractual Services 1,000 Pub Svc/ 001-5205-7302 Equipment Acquisition 7,500 fuel system Total General Fund 22,800 Pub Svc/ gen rent elec work • software Pub Svc/ gen rent elec work software E Water Revenue Fund 311-5240-6810 Equipment Rental 11,000 311-5240-6106 Contractual Services 12,650 311-5240-7302 Equipment Acquisition 4,000 Total Water Revenue Fund 27,650 Wastewater Revenue Fund 311-5240-6810 Equipment Rental 11,000 311-5240-6106 Contractual Services 12,650 311-5240-7302 Equipment Acquisition 4,000 reso7599.123 Total Wastewater Revenue Fund 27,650 Total All Funds 78,100 10:43:54 AM 09/22/1999 • RESOLUTION NO.74-99 APPROVAL OF A SUBLEASE FOR A PORTION OF LEASE SITE 128/128W BETWEEN LETA MOORES AND SURACHATE KORAWIS, DBA THAI BOAT & SEAFOOD MARKET 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 128/128W; and, WHEREAS, Leta Moores is the current lessee of said lease site and Sharon Moore and Gail Ramos have power of attorney for Leta Moores; and, WHEREAS, Gail Ramos, on behalf of Leta Moores, has requested that a portion of Lease Site 128/128W be subleased to Surachate Korawis, dba Thai Boat & Seafood Market; and, WHEREAS, the lessee is in compliance with terms of the lease agreement; and, WHEREAS, the lease agreement requires approval of any sublease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that • the City Council consents to the sublease for a portion of Lease Site 128/128W between Leta Moores and Surachate Korawis, dba Thai Boat & Seafood Market. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the consent to sublease document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 271" day of September 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None Fz `i�tXJl/ BRIDGETT A ER, CITY CLERK 0 City of Morro Bay HARBOR DEPARTMENT • 1275 EMBARCADERO, MORRO BAY, CALIFO APPLICATION v_7►ro� iLVA 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 LEASE SITE #: Lessee (please print) // �i rP JXX Mailing Address City, State Zip .10 APPLICATION FEE: Business Name '799-/" �D�✓�'�`/l Telephone REQUEST: Briefly describe the specific nature of the approval requested. a. A JJ Arr1 Applicant's Signature 9- y 99 Date 0lll3 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. • Harbor Dept/ Morro Bay City Council 1275 Embarcadero Morro Bay, Ca. 93442 To Whom It May Concern: D E c Y E. SEP 10 19 CITY OF MORRO BAY HARBOR DEPARTMENT I am purchasing the business known as Mariscos at 1219 Embarcadero, subject to the approval of the transfer of the sublease of site 128W. I intend to continue the operation of selling fresh fish as well as prepared side dishes for take out only. I will not continue with the ABC license and will not be selling alcohol, but will keep the shrimp and crab salads as well as Thai style fresh fish items. Our name will be Thai Boat & Seafood Market. My wife and I will be owner/operators and each have four years experience in retail food service. We will be open to the public Monday through Sunday 9AM to 8PM and hope to be a contribution to the commercial fishing trade as well as available for good, affordable prepared fish take out items and non alcoholic bevergaes like coffee, • Thai tea and soft drinks. I hope you will approve our sublease application and allow us to follow in the footsteps of Mariscos. Surachate Korawis 2440 Palasaides Los Osos, Ca. 93402 • CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered into this day of 0 GTo P30 ✓L , 1999, by and between /--.- JLZ,_ &4/ploore ) , hereinafter referred to as TENANT, and _ l An c Le olzi i-Sdba, hereinafter referred to as SUBTENANT and the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS / 97 3 WHEREAS, a Master Lease was executed on a,si uetAA/ and; WHEREAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay all of the sums required of TENANT and SUBTENANT under the terms of the Master Lease dated QM . !., ITT- 3 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 (JtAJQL- 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 f 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: S n Said designated use shall not be, changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this • paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. 7. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 8. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the CITY's consideration of the Consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 9. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. • Page 2 of 3 • 10. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. • 11. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BAY, evidenced by a resolution passed and adopted by said City Council, to the execution of the Sublease. This Agreement cannot be modified except by a written document approved by the City Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit A is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. ATTEST: .���__T ..71 IN �.:...:� CITY OF MORRO BAY A a SUBTENANT: O TENANT: Page 3 oj3 • Thai Boat and Seafood Market 8/20/99 Appendix to sublease The terms of this appendix shall control over any other conflicting provisions of the sublease. A. Sublessor hereby warrants that the master lease is not and on 10 J I (9r1 , avill not be in default and enforceable by Sublessor against the City of Morro Bay ("City") or its assigns in accordance with its terms. During the term of this Sublease, Sublessor agrees to perform the Master Lease in accordance with its terms and not enter into any agreement with the City to terminate the Master Lease. B . The term of this Sublease shall be one year commencing I o 1 t499 -and ending ors q Jb5l 2000 Base rent for the first year shall be $600.00 per month. Sublessor hereby grants Sublessee the option to extend the term of this sublease for : $ . consecutive one year terms. Sublessee sha I I give Landlord written notice of its intent to exercise such an option at least 60 days prior to the end of the preceding term. Rent shall be payable on the first day of each successive month, commencing. Base rent shall be adjusted annually on. io I t f 2000 & each subsequent year thereafter .The rent O increases will fall upon the following schedule: Ftseal-.year l nh taoat#44aerease4-$+e0; Fiscal yeardoo I Istartini 101 monthly increase of $100; total monthly rent $700 Fiscal yea;dma.starnn010 1 monthly increase of'$100; total monthly rent $800 Sublesse has option to renew lease for'byears at $800 per month when sublessor obtains a ne", master lease agreement with the city of Morro Bay. Sublesse has option to terminate its lease agreement after the first consecutive year for any remaining years contracted by the master lease agreement. Sublesse shall give Landlord wnticu notice of its intent to exercise such option at least 30 days prior to the end of the preceding tenn. Sublessor hereby pants Sublessee the right to enter and use the lease premises immediately al is r executing this Sublease in order to make tenant improvements and for any other use consistent with the Sublease. In ad d In additionto base rent,. ,[�emmencing` y. � I d a p�� shall pay se re essor 50% of th nimum rent due under the Ma ter lease by Sublessor to the'City attributable to Sites 128 and 128W�t?cY y_.1.+:'T n ►>�td ad �µ•l'" ' In addition to base rent, Sublessee shall pay Sublessor on or before each July.' I of each year commencing July 3.1, , 5% of gross.•sales ('as defined in the Master Lease) m, upon or from the demised premises; provided, however, each such payment shall be reduced by. 50% of the annual minimum rent payable to the City under the Master Lease. . In addition to base rent, Sublessee shall pay at least 10 days prior to the due date 50% of the personal property of the interest tLxespayable ites 128to the and 128 WCounty provided, hoof San Luiswever, Sublo on essee improvement ay quest a such imnrrate assessment ements in which event t shall not be responsible or paymesuch assessment to the nt of suchf San u5001o. to t1 r V1 ^t C . Sublessor herebv agrees tp,complete, at its sole cost, repairs to the leased premises byAWYWO'.required by all governmental entities having jurisdiction over the leased premises as a condition to Sublessee commencing his business thereon. Sash work AalI D . Notwithstanding anything to the Contrary in the Sublease, Sublessee on or before NO" ; I jt�qa may cancel this Sublease and terminate all his obligations hereunder if (i) the City of Morro Bay fails to approve this Sublease and his proposed use of the leased premises on or before ©c,++ lggcl , (ii) he determines on or before Oc k (, W1 , the Master Lease is in default, is contrary to the terms of this Sublease, prohibits his proposed use of the leased premises, or any amount due under the Master Lease is not current, (iii) he determines that a lien or levy exists against the leased premises or an adverse claim exists with respect to the leased premises which might prevent his intended use of occupation of the leased premises, or (iv) he is unable to commence his busi ness on the leased premises for any reason whatsoever. E . Sublessee shall pay all utility charges arising as a result of his use of the premises, and maintain the personal property and fixtures in good condition and repair. Sublessee shall pay only for the normal maintenance of the refrigeration system, and Sublessor shall pay for all other repairs or improvements to such system. Sublessor shall keep in good repair and condition all water, sewerage, gas and electrical services to the leased premises and the hot water heater on the leased premises. • F. Sublessor shall pay to re—establish.gas hook—up to the old lobster boiling pots located at the front of the leased premises. is • SUBLEASE This Sublease ("Sublease") dated as of 0 c)c-rj6^ 5 Ilq°I is made between Leta B. Moores, a widow, and successor by, testate sµccession to the interests of Virgil Moores, . n.n .. II_Jll __d QtAA^ /DAAe lC_ knraw,s _ d.b.a. 1. Recitals " ("Subtenant") a. Sublandlord is the tenant under that certain LEASE dated as of February 1, 1973 ("Original Master Lease"), pursuant to which the City of Morro Bay, a municipal corporation of the State of California ("Master Landlord") leased to Sublandlord the real property located in the City of Morro Bay, County of San Luis Obispo, State of California, described as Lease Site No. 128 and 128W as shown on City of Morro Bay Drawing No. 1012, Dated January17, 1969 ("Master Premises"). The Master Premises is delineated on San Luis Obispo County Map H-L-2 dated July 17, 1973, entitled Morro Bay Lease Sites, New Lease Sites. b. The original Master Lease has been amended by the following amendments: • the Original Master Lease, together with any amendments, are collectively referred to as the "Master Lease." C. A copy of the Master Lease is attached and incorporated in this Sublease as Exhibit "A". NOW, THEREFORE, the parties hereto, covenant and agree as follows: Section 1. Sublease. 1. Sublandlord subleases to Subtenant on the terms and conditions in this Sublease the following portion of the Master Premises ("Premises"): Lease Site No. 128 as shown on City of Morro Bay Drawing No. 1012, Dated January 17, 1969. Subtenant agrees that Subtenant shall have no rights to occupancy or use of the portion of the Master Premises identified as Lease Site No. 128W, all of which shall remain in the sole occupancy and control of Sublandlord. Section 2. Warranty by Sublandlord. 1. Sublandlord warrants to Subtenant that the Master Lease has not been amended or modified except as' expressly set forth in this Sublease; that Sublandlord is not now, and as of the commencement of the Term (defined in this Sublease) of this Sublease will not be, in default or breach of any of the provisions of the Master Lease; and that Sublandlord has no knowledge of any claim • by Master Landlord that Sublandlord is in default or breach of any of the provisions of the Master Lease. Leese site Na 125 - Dubow Mono Bey. Cearorute Section 3. Term, Early Entry, Improvements and PreCommencement Date Termination The term of this. Sublease (the "Term") will commence on the latter of ("Commencement Date"), or when Master Landlord onsent 'to this Sublease, whichever occurs later, and end (bmuoeb+ (i 'A*4_U� s from the Commencement Date ("Termination Date"), unless terminated sooner in accordance with the provisions of this Sublease. If the Term commences on a date other than the Commencement Date, Sublandlord and Subtenant will execute a memorandum setting forth the actual date of commencement of the Term. Possession of the Premises ("Possession") will be delivered to Subtenant on the Commencement Date. If for any reason Sublandlord does not deliver Possession to Subtenant on the Commencement of the Term, Sublandlord will not be subject to any liability for'this failure, the Termination Date will not be extended by the delay, and the validity of this Sublease will not be impaired. Rent will be abated until delivery of the Possession. However, if Sublandlord has not delivered Possession to Subtenant within thirty (30) days after the Commencement Date, at any time after that and before delivery of Possession, Subtenant may give written notice to Sublandlord :of Subtenant's intention to cancel this Sublease. The notice will set forth an effective date for the cancellation, which will be at least ten (l 0) days after delivery of notice to Sublandlord. If Sublandlord delivers Possession to Subtenant on or before this effective date, this Sublease will remain in full force. If Sublandlord fails to deliver Possession to Subtenant on or before this effective date, this Sublease will be canceled. Upon cancellation, all consideration previously paid by Subtenant to Sublandlord on account of this Sublease will be returned to Subtenant, this Sublease will have no further force, and Sublandlord will have no further liability to Subtenant because of this delay or cancellation. If Sublandlord permits Subtenant to take Possession prior to the commencement of the Term, the early Possession will not advance the.Termination Date and will be subject to the provisions of this Sublease, including, without limitation, the payment of rent. 2. Farj. .n rv: With the prior written consent of Sublandlord, Subtenant may, at Subtenant's own risk, enter the Premises prior to the Commencement Date. The entry may be made solely to install trade fixtures and equipment and shall be subject to the following terms and conditions: a. Subtenant's early entry may not interfere with the construction of any Improvements or cause labor difficulties; b. Subtenant's early entry must be on all the terms and conditions of this Sublease, other than the obligation to pay Rent; C. Subtenant must provide evidence of insurance that is satisfactory to Sublandlord; d. Subtenant must indemnify, defend, and hold harmless Master Landlord, Sublandlord and each of their agents, employees, and contractors against all claims, liability, and damages arising from the early entry; e: Subtenants early entry does not constitute the commencement of the Lease♦; and f Subtenant must pay utility and other actual and reasonable charges reasonably allocated by Sublandlord to the Premises that are related to Subtenant's early entry activities. 3. Improvements: a. Sublandlord Improvements: Prior the Commencement Date, Sublandlord, at Sublandlord's sole cost, shall have competed the improvements ("Sublandlord Improvements") to Lease Site no. 17e • Dubutee Morro Day, Caararara ^ E • • • • the Premises as more particularly identified on "Schedule 1". Subtenant's.taking Possession of the Premises shall constitute acceptance of the Sublandlord Improvements. b, cubtenant Imnrovemettts:. Prior the Commencement Date, Subtenant, at Subtenant's sole cost, shall have competed the improvements ("Subtenant Improvements") to the Premises as more particularly identified on "Schedule 2". Subtenant's taking Possession of the Premises shall constitute acceptance of the Subtenant Improvements. No Rent allowance will be granted to Subtenant for any Subtenant Improvements. 4, PreCommencement Date Termination: Notwithstandinganythingtothe contrary in this Sublease, Subtenant may, prior to the Commencement Date, cancel this. Sublease and therein terminate all obligations herein, if a. The Master Landlord lairs to approve this Sublease and Subtenant's proposed use of the Premises on or before 199__ b. The Sublandlord istn default under the Master Lease; c. There exists alien or levy against the Premises or an adverse claim with respect to the Premises which actually prevents Subtenant's intended use or occupation of the Premises; d. Subtenant is not able to commence Subtenant's business at the Premises, so long as this prohibition is *1wd by any governmental entity or other agency that has jurisdiction over the Premises, Master Landlord, or Sublandlorde In the event of a termination of this sublease as provided under this Section 3.4, and the same is the fault or cause of Sublandlord, then in such event only, Sublandlord shall within thirty • (30) days thereafter, reimburse Subtenant for all ofthe Subtenant Improvements up to a total amount of $___ subject to actual verification of third party invoices or receipts for the same. Section 4. Rent. 1. Miipjp� gent, Subtenant will pay to Sublandlord as minimum rent ("Minimum Rent"), without deduction, set oil~ notice, or demand, at 1215 Warcadero, Morro Bay, CA 93442, or at any other place Sublandlord designates by notice to Subtenant, the following amounts: a. The sum of Dollars ($ k) (Do ) per month for the first months of the Term; _ b. The sum of Dollars per month for the second _l. Z _ months of the Tetra; and C. The sum of Dollars ($ g ).per month for the third months of the Term. All Minimum Rent payments to be made in advance of the fast day of each month of the Term. Subtenant will pay to Sublandlord on euegution of this Sublease the sum of Dollars ($ (n(m " ) as rent for the first month. If the Term begins oi:ends on a day other than the first or last day of a month, the rent for the partial months will be prorated on a per diem basis. 21 onp ^mum ken1: In gdWagiCo the Minimum Rent, Subtenant will pay to Sublandlora,-on ('fsj-of the min onthly rent due by Word under the Master Mas Lease for the ts Pre ('A Minimum Rent"). Payne ditional Minimum Rent shall be made at leas s or to the date on whic at onal Minimum Rent is due: If the p M�ai� >siam Rent ' as a time period outside ofthe Teru,, um orth drat pmiod a pr ted on a per diem basis. Iww eta Na %= s eebbw' Marro Bay, canfarda 3 3. Percenta CJKC=: In addition to the Minimum Rent, Subtenant will pay to • Sublandlord, five percent (5%) of applicable gross sales (as defined and payable to the Master Landlord under the Master Lease, and as may be amended by the Master Landlord's City Council), that are generated in, upon or from the Premises; provided however, that each such payment of Percentage Rent will be credited to Subtenant dollar for dollar by'the amount of the Additional Minimum Rent prid by Subtenant. For example, if the actual Percentage Rent due from Subtenant is $10,000.00, and the actual Additional Minimum Rent due from Subtenant is $2,500.00, Subtenant will only be responsible to pay $7,500.00 in Percentage Rent. Payment of the Percentage Rent shall be made at least seven (7) days before the same is due to the Master Landlord. 4. Oogratipy •Data, If the Master Lease requires Sublandlord to pay to Master Landlord all or a portion of the expenses of operating the building or the project of which the Premises are a part (collectively, "Operating Costs''),; including, but not limited to, taxes, utilities, or insurance, Subtenant will pay to Sublandlord as additional rent fifty percent (50%) of the amounts payable by Sublandlord for. Operating Costs incurred during the Term. This additional rent will be payable as and when Operating Costs are payable by Sublandlord to Master Landlord. if the Master Lease provides for payment by Sublandlord of Operating Costs on the basis of an estimate, then as and when adjustments between estimated and actual Operating Costs are made under the Master Lease, the obligations of Sublandlord and Subtenant will be adjusted in the same manner. If this adjustment occurs after the expiration or earlier termination of the Term, the obligations of Sublandlord and Subtenant under this Subsection will survive this expiration or termination. Sublandlord will, on request by Subtenant, furnish Subtenant with copies of all statements submitted by Master Landlord of the actual or estimated Operating Costs during the Term. • a. Notwithstanding the above, with respect to personal property / possessory interest taxes that may be separately assessable against the Premises, as compared to the entire Master Premises, Subtenant may request a separate assessment from the County of San Luis Obispo after execution of this Sublease. If a separate assessment is not made, then Subtenant shall be required to pay fifty percent (50%) of the personal property / possessory interest taxes assessed against the Master Premises as aforesaid, on or before the tenth (10th) day before the taxes are due. Section 5. Security Deposit. 1. Subtenant will deposit with Sublandlord on execution of this Sublease the sum of Dollars ($ GM .00 ), as security for Subtenant's faithful performance of Subtenant's obligations under this Sublease ("Security Deposit"). If Subtenant fails to pay rent or other charges when due under this Sublease, or fails to perform any obligations under this Sublease, Sublandlord may use any portion of the Security Deposit for the payment of any rent or other amount then due and unpaid, -for the payment of any other sum for which Sublandlord may become obligated because of Subtenant's default or breach, or for any loss sustained by Sublandlord as a result of Subtenant's default or breach. It' Sublandlord uses any portion of the Security Deposit, Subtenant will, within ten (10) days after written demand by Sublandlord, restore the Security Deposit to the full amount originally deposited. Subtenant's failure to do so will constitute a default under this Sublease. Sublandlord will not be required to keep the Security Deposit separate from its general accounts, and will have no obligation or liability for payment of interest on the Security Deposit. If Sublandlord assigns its interest in this Sublease, Sublandlord will deliver to its assignee as much of the Security Deposit as Sublandlord then holds, Within ten (10) days after the Term has expired or Subtenant has vacated the Premises or any Lease site No, lls - Sublease Morro Bay, caurorcta 4 • final adjustment pursuant to Subsection 4.4 of this Sublease has been made, whichever occurs last, and provided that Subtenant is not then in default under this Sublease, the Security Deposit, or as much as remains that has not been applied by Sublandlord, will be returned to Subtenant or to the last assignee, if any, of Subtenant's interest under this Sublease. Section 6. Use of Premises. s 1. The Premiges will be used and occupied onl for commercial vkovA Q f U 1 ✓1L-2 Pol :- and for no other use or purpose. Section 7. Assignment and Subletting. 1. Subtenant shall have no right to assign any portion of this Sublease, or sublease any portion of the whole of the Premises, or to any way transfer any interest therein. Any attempt to assign, sublease or transfer any interest in this Sublease or the Premises, shall immediately terminate this Sublease. This prohibition shall include any transfer by operation of law in any execution, bankruptcy, insolvency, or other proceeding. This provision shall be interpreted as an absolute prohibition against assignment and subletting, and. shall not*be subject to any reasonableness standard as provided for in Code of Civil Procedure §'1995.260. Any rights to the Sublease shall not be subject to inheritance by Subtettant's heirs or other assigns. Should Subtenant themselves at any time • be unable to operate the Premises, this Sublease shall terminate. This Sublease is personal to the Subtenant. Section 8.Other Provisions of Sublease. 1. All applicable terms and conditions of the Master Lease are incorporated into and made a part of this Sublease as if Sublandlord were the landlord, Subtenant the lessee, and the Premises the Master Premises, except as set forth herein. Subtenant assumes and agrees to perform the lessee's obligations under the Master Lease during the Term to the extent that these obligations are applicable to the Premises. However, the obligation to pay rent and operating costs to Master Landlord under the Master Lease will be considered performed by Subtenant to the extent and in the amount rent and operating costs are paid to Sublandlord in accordance with Section 4 of this Sublease. Subtenant will not commit. or suffer any act or omission that will violate any of the provisions of the Master Lease. Sublandlord will exercise due diligence in attempting to cause Master Landlord to perform its obligations under the Master Lease for the benefit of Subtenant. If the Master Lease terminates, at the option of Master Landlord, this Sublease will terminate and the parties will be relieved of any further liability or obligation under this Sublease. However, if the Master Lease terminates as a result of a default or breach by Sublandlord or Subtenant under this Sublease or the Master Lease, the defaulting party will be liable to the nondefaulting party for the damage suffered as a result of the termination Regardless, if the Master Lease gives Sublandlord any right to terminate the Master Lease in the event of the partial or total damage, destruction, or condemnation of the Master Premises or the building or project of which the Master Premises are a part, the exercise of • this right by Sublandlord will not constitute a default or breach. 2. Notwithstanding the above, or as applicable, in addition to the above: Loose Site Na 128 - Sublease Mono Bay, Caarorain a. Subtenant shall not encumber the lease by any deed of trust, :mortgage or other • security instrument to insure the payment of a promissory note or any other obligations by Subtenant. of attempt to encumber this sublease, shall terminate this sublease. Any such encumbrance b. Subtenant shall not do any construction on the Premises without the prior written approval and consent of Sublandlord, and Master Landlord, as provided in the Sublease. With the exception of the Sublandlord Improvements, Subtenant agree to pay all costs necessary to comply with the Master Landlord's requirements in connection with any work or improvement, including Subtenant Improvements. Should the Master Landlord or Sublandlord at any time consent Premises, any such alterations, except removable trade to any alterations or improvements to the fixtures install by Subtenant, shall be part of the realty and belong to the Master Landlord or Sublandlord, as their interests may appear. Should any improvement, repair or alteration of the Premises be allowed by C. Sublandlord, Subtenant shall at all times indemnify, defend and hold harmless the Master Landlord, and Sublandlord against all claims for labor and materials in connection with any such improvement, or alteration, and the cost of defending against any such claim, including reasonable attorneys' repair, fees. d. In the event that Subtenant is the cause of any lien or levy of whatever nature filed against the Premises, which is not satisfied within (90) days of the date of its filing, or a bond provided for its later payment, if necessary, this Sublease shall terminate. Subtenant shall, at Subtenant's sole cost, keep and maintain the Premises and .e. all improvements, including the Sublandlord Improvements, of whatever kind that may be now or installed, or otherwise made thereon by Subtenant or Sublandlord, in good order • hereafter erected, and condition, and shall make all necessary repairs and alterations thereto. Subtenant shall keep and maintain the personal property at the Premises, including the refrigeration equipment, in good condition and repair. f. Subtenant shall pay all of the utilities used on the Premises that are separately metered, including any hook up charges, deposits, or any other fees as required by the service provider. g. Subtenant will. at Subtenant's expense, obtain and keep in force at all times shJollowing insumm: (1). Casualty Insurance.. Casualty insurance insuring the Sublandlord "al! Improvements, and all Subtenant Improvements, against fire, and extended coverage (including Subtenant risk" coverage) for the full replacement cost of the Sublandlord Improvements, and deductibles and the form and endorsements of the coverage as reasonably Improvements, with approved by Sublandlord, together with, at Sublandlord's option, rental value insurance against loss of Rent in an amount equal to the amount of Rent for a period of at least twelve (12) months commencing on the date of loss. (2). General Liability Insurance. A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than One Million Dollars coverage for, among other things, blanket contractual ($1,o00,000.00) per occurrence, providing liability, premises, products and completed operations, and personal and advertising injury coverage. (3), ^omneneation and Emolover'c Liability Insurance. Workers' compensation insurance having limits not less than those required by state statute and federal statute, employed by Subtenant in the conduct of Subtenant's • if applicable, and covering all persons operations on the Premises. This must include the all states endorsement and, if applicable, the L4e Site Na 128 • Subtew Morro any, crarorvb 6 • volunteer's endorsement, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000.00). (4) Personal roneM Insurance. "All risk" property insurance, including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any equipment of Subtenant and coverage for the full replacement cost, including electronic data processing equipment, and coverage for the full replacement cost of the equipment, including business interruption of Subtenant ("Subtenant's Property"). If the property of Subtenant's invitees is to be kept in the Premises, the insurance should include warehouser's legal liability or bailee customers' insurance for the full replacement cost of the property belonging to invitees and located in the Premises. (5). General Insurance Provisions. (a), ins�!ranep Companies. Insurance required to be maintained by Subtenant will be written by companies licensed to do business in the state in which the Premises are located and having a "General Policyholders Rating" of at least A, or a higher rating if required by a lender having alien on the Premises, as setforth in the most current issue of "Best's Insurance Guide." (b). ' ['ertifica ea of Insurance. Subtenant will deliver to Master Landlord and Sublandlord certificates of insurance for all insurance required to be maintained by Subtenant no later than seven (T) days prior to the date of possession of the Premises. Subtenant will, at least ten (10) days prior to expiration of the policy, famish Sublandlord with certificates of renewal • or "binders." Each certificate will expressly provide that the policies are not cancelable or otherwise subject to modification except after thirty (30) days' prior written notice to the parties named as additional insureds in this Sublease. However, in the case of cancellation for nonpayment of premium, the cancellation will not take effect until at least (10) days' notice has been given to Sublandlord. If Subtenant fails to maintain any insurance required in this Lease, Subtenant will be liable for all losses and costs resulting from that failure; Master Landlord and Sublandlord will have the right, but not the obligation, to obtain insurance on behalf of Subtenant, and Subtenant will immediately on demand pay Master Landlord and Sublandlord the premiums on the insurance; and Master Landlord and Sublandlord may declare a default under this Lease. (c). Additional Ingureds. Master Landlord and Sublandlord must be named as additional insureds under all of the policies required hereunder. The policies required herein must provide for severability of interest, (d), EdMllry Coverage. All insurance to be maintained by Subtenant must, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance of Master Landlord and Sublandlord. Any umbrella liability policy or excess liability policy must provide primary insurance. The limits of insurance maintained by Subtenant will not limit Subtenant's liability under this Sublease. (e), Waiver of Subrogation. Subtenant waives any right to recover against Master Landlord and Sublandlord for damages to Subtenant's Property covered by insurance. This fully waives, for the benefit of Master Landlord and Sublandlord, any rights and claims that might give rise to a right of subrogation in favor of any insurance carrier. The coverage • obtained by Subtenant pursuant to this Lease must include, without limitation, a waiver of subrogation endorsement attached to the certificate of insurance. (6), rndemn;fication. Master Landlord and Sublandlord will not be liable for any loss or damage to person or property caused by theft, fire, acts of God, acts of a public enemy, riot, strike, insurrection, war, court order, requisition, or order of government body or Lease Site Na 128 • Sublease Morro Bay, California 7 authority, or for any damage or inconvenience that may arise through repair or alteration of any part • of the Premises or failure to make any repair. Subtenant will indemnify and defend Master Landlord and Sublandlord, by counsel acceptable to Master Landlord and Sublandlord, against any liabilities, including reasonable attorney fees and court costs, arising out of or,relating to the following: (a). claims of injury to or death of persons or damage to property occurring or resulting directly or indirectly from the use or occupancy of the Premises, or from activities of Subtenant, Subtenant's invitees, or anyone about the Premises, or from any other cause, except to the extent caused by Master Landlord's or Sublandlord's gross negligence or willful misconduct; (b). claims for work or labor performed, or for materials or supplies furnished to or at the request of Subtenant in connection with performance of any work done for the account of Subtenant within the Premises; and (c). claims arising from any breach or default on the part of Subtenant in the performance of any covenant contained in this Lease. (d). The provisions of this Section will survive the expiration or termination of this Sublease with respect to any claims or liability occurring prior to the expiration or termination. h. Subtenant shall, at Subtenant's sole cost, keep the Premises and all the improvements associated therewith, in good and sanitary order, condition and repair, reasonable wear and tear excepted. Subtenant shall also maintain the Premises in exceptionally clean condition to comply with the standards of the health department and any other governmental agency, which has jurisdiction over the condition of the Premises. • i. Sublandlord shall be responsible for the roof, exterior walls, foundations and structural support on the Premises, and agree after reasonable notice by Subtenant to make any reasonable necessary repairs to them, as long as the damage to them were not caused by the act of' the Subtenant, or their agents, employees or customers. j. Subtenant shall keep and maintain all glass on the Premises at their sole cost and expense. k. Subtenant accepts the Premises as being in good and sanitary order, condition, and repair by taking Possession 1. Subtenant shall, at their sole cost and expense, comply with all the requirements of all government entities now in force, or which may hereafter be in force pertaining to the Premises. M. Subtenant, at their own cost and expense, shall by the last date of the Term of this Sublease, remove aU personal property belonging to them, and all allowable alterations, additions, or improvement in fixtures that are not deemed a part of the Premises under this Sublease by which terms they are permitted to remove, and repair aU damages to the Premises caused by the removal, and restore the Premises to the condition that they were in prior to the installation of the property removed. If there is failure to remove said property by the date of the last day of the Term of this Sublease, then said property shall be deemed to have been abandoned by Subtenant, and may be retained and disposed of by Sublandlord as Sublandlord shall desire. • Lee]e Site No. 128. Sublease Morro say, California 8 • Section 9. Default. 1. Any of the following events or occurrences shall constitute a material breach of this Sublease by Subtenant and, after the expiration of any applicable grace period, shall constitute an event of default (each an "Event of Default"): a. The failure by Subtenant to pay any amount in full when it is due under the Sublease; b. The failure by Subtenant to perform any obligation under this Sublease, which by its nature Subtenant has no capacity to cure; C. The failure by Subtenant to perform any other obligation under this Sublease, if the failure has continued for a period of ten (10) days after Master Landlord or Sublandlord demands in writing that Subtenant cure the failure, If, however, by its nature the failure cannot be cured within ten (10) days, Subtenant may have a longer period as is necessary to cure the failure, but this is conditioned upon Subtenant's promptly commencing to cure within the ten (10) day period and thereafter diligently completing the cure. Subtenant shall indemnify and defend Master Landlord and Sublandlord against any liability, claim, damage, loss, or penalty that may be threatened or may in fact arise from that failure during the period the failure is uncured; d. Any of the following: A general assignment by Subtenant for the benefit of Subtenant's creditors; any voluntary filing, petition, or application by Subtenant under any law relating to insolvency or bankruptcy, whether for a declaration of bankruptcy, a reorganization, an arrangement, or otherwise; the abandonment, vacation, or surrender of the Premises by Subtenant • without Sublandlord's prior written consent; or the dispossession of Subtenant from the Premises (other than by Master Landlord or Sublandlord) by process of law or otherwise; e. The appointment of a trustee or receiver to take possession of all or substantially all of Subtenant's assets; or the attachment, execution or other judicial seizure of all or substantially all of Subtenant's assets located at the Premises or of Subtenant's interest in this Sublease, unless the appointment or attachment, execution, or seizure is discharged within thirty (30) days; or the involuntary filing against Subtenant, or any general partner of Subtenant if Subtenant is a partnership, of (1). a petition to have Subtenant, or any partner of Subtenant if' Subtenant is a partnership, declared bankrupt, or (2). a petition for reorganization or arrangement of Subtenant under any law relating to insolvency or bankruptcy, unless, in the case of any involuntary filing, it is dismissed within sixty (60) days; f. The abandonment of the Premises by Subtenant. Section 10. Remedies. i. Upon the occurrence of an Event of Default, Sublandlord, in addition to any other rights or remedies available to Sublandlord at law or in equity, shall have the right to a. terminate this Sublease and all rights of Subtenant under this Sublease by giving Subtenant written notice that this Sublease is terminated, in which case Sublandlord may recover from Subtenant the aggregate sum of • (1). the worth at the time of award of any unpaid rent that had been earned at the time of termination; Lou" Site 14M 126 • Subteaw mart Bay, Caurorda 9 (2). the worth at the time of award of the amount by which (A) the unpaid • rent that would have been earned after termination until the time of award exceeds (B) the amount of the rental loss, if any, as Subtenant affirmatively proves could have been reasonably avoided, (3). the worth at the time of award of the amount by which (A) the unpaid rent for the balance of the term after the time of award exceeds (B) the amount of rental loss, il' any, as Subtenant affirmatively proves could be reasonably avoided; (4). any other amount necessary to compensate Sublandlord for all the detriment caused by Subtenant's failure to perform Subtenant's obligations or that, in the ordinary course of things, would be likely to result from Subtenant's failure; and (5). all other amounts in addition to or in lieu of those previously Set out as may be permitted from time to time by applicable California law. As used in clauses (i) and (H) of this Section, the worth at the time of award is computed by allowing interest at the rate of ten percent (10%) per annum. As used in clause (iii) of this Section, the worth at the time of award is computed by discounting that amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 %). As used in this Section, the term rent shall include Minimum Monthly Rent, Additional Minimum Rent, Percentage Rent, and any other payments required by Subtenant under this Sublease. b. continue this Sublease, and from time to time, without terminating this Sublease, either: (1). recover all rent and other amounts payable as they become due or (2). relet the Premises or any part on behalf of Subtenant on terms and at the rent that Sublandlord, in Sublandlord's sole discretion, may deem advisable, all with the right to • make alterations and repairs to the Premises, at Subtenant's cost, and apply the proceeds of reletting to the rent and other amounts payable by Subtenant. To the extent that the rent and other amounts payable by Subtenant under this Sublease exceed the amount of the proceeds from reletting, the Sublandlord may recover the excess from Subtenant as and when due. C. Upon the occurrence of an Event of Default, Sublandlord shall also have the right, with or without terminating this Sublease, to re-enter the Premises and remove all persons and property from the Premises. Sublandlord may store the property removed from the Premises in a public warehouse or elsewhere at the expense and for the account of Subtenant. d. None of the following remedial actions, alone or in combination, shall be construed as an election by Sublandlord to terminate this Sublease unless Sublandlord has in fact given Subtenant written notice that this Sublease is terminated or unless a court of competent jurisdiction decrees termination of this Sublease: any act by Sublandlord to maintain or preserve the Premises; any efforts by jSublandlord to relet the Premises; any re-entry, repossession, or reletting of the Premises; or any re-entry, repossession, or reletting of the Premises by Sublandlord pursuant to this Section. If Sublandlord takes any of the previous remedial actions without terminating this Sublease, Sublandlord may nevertheless at any later time terminate this Sublease by written notice to Subtenant. e. If Sublandlord relets the Premises, Sublandlord shall apply the revenue from the reletting as follows: first, to the payment of any indebtedness other than rent due from Subtenant to Sublandlord; sevond, to the payment of any cost of reletting, including without limitation finder's fees and leasing coma fissions; third, to the payment of the cost of any maintenance and repairs to the Premises; and fourth, to the payment of rent and other amounts due and unpaid under this Sublease. future amounts payable under this • Sublandlord shall hold and apply the residue, if any, to payment of . Sublease as the same may become due, and shall be entitled to retain the eventual balance with no Lease Sits Na 12e - tiabWW Morro Bay, Caaforub 10 • liability to Subtenant. If the revenue from reletting during any month, after application pursuant to the previous provisions, is less than the sum of (J) Sublandlord's expenditures for the Premises during that month and (ii) the amounts due from Subtenant during that month, Subtenant shall pay the deficiency to Sublandlord immediately upon demand. .. f. After the occurrence ofanEvent of Default, Sublandlord, in addition to or in lieu of exercising other remedies, may, but without any obligation to do so, cure the breach underlying the Event of Default for the account and at the expense of Subtenant. However Sublandlord must by prior notice first allow Subtenant a reasonable opportunity to cure, except in cases of emergency, where Sublandlord may proceed without prior notice to Subtenant. Subtenant shall, upon demand, immediately reimburse Sublandlord for all costs, including costs of settlements, defense, court costs, and attorney fees, that Sublandlord may incur in the course of any cure. g. No security or guaranty for, the performance of Subtenant's obligations that Sublandlord may now or later hold shall in any way'eonstitute a bar or defense to any action initiated by Sublandlord for unlawful detainer or for the recovery of the Premises, for enforcement of any obligation of Subtenant, or for the recovery of damages caused by a breach of this Sublease by Subtenant or by an Event of Default. h. Except where this is inconsistent with or contrary to any provisions of this Sublease, no right or remedy conferred upon or reserved to either party is intended to be exclusive of any other right or remedy, or any right or remedy given or now or later existing at law or in equity or by statute. Except to the extent that either parry may have otherwise agreed in writing, no waiver • by a party of any violation or nonperformance by the other party of any obligations, agreements, or covenants under this Sublease shall be deemed to be a waiver of any subsequent violation or nonperformance of the same or any other covenant, agreement, or obligation, nor shall any forbearance by either party to exercise a remedy for any violation or nonperformance by the other party be deemed a waiver by that party of the rights or remedies with respect to that violation or nonperformance. Section 11. No Broker. 1. Sublandlet9�H9 eteeent2aen rrarrnr ... ---j . __. ------ Sublandlord and Subtenant each agree to indemnify, defend, and hold the other harmless against any damages incurred as a result of the breach of the warranty contained in this Sublease. Section 12. Attornment. 1. IftheMaswLease tertninates, Subtenant will, if requested, attom to Master Landlord and recognize Muter Landlord as Sublandlord under this Sublease. However, Subtenant's obligation to attom to Master Landlord will be conditioned on Subtenant's receipt of a nondisturbance agreement. Section 13. Entry. • 1. Sublandlord reserves the right to enter the Premises on reasonable notice to Subtenant to inspect the Premises or the performance by Subtenant of the terms and conditions of this Sublease Lease Site No, 128 - Sublease Morro Bay, California it and, during the last six (6) months of the Term, to show the Premises to prospective subtenants. In • an emergency, no notice will be required for entry. Section 14. Late Charge and Interest. 1. The late payment of any Rent will cause Sublandlord to incur additional costs, including the cost to maintain in fiill force the Master Lease, administration and collection costs, and processing and accounting expenses. If Sublandlord has not received any installment of Rent within five (5) days after that amount is due, Subtenant will pay five percent (5%) of the delinquent amount, which is agreed to represent a reasonable estimate of the cost incurred by Sublandlord. In addition, all delinquent amounts will bear interest from the date the amount was due until paid in full at a rate per annum ("Applicable Interest Rate") equal to the greater of (a) five percent (5%) per annum plus the then federal discount rate on advances to member banks in effect at the Federal Reserve Bank of San Francisco on the 25th day of the month preceding the date of this Sublease or (b) ten percent (10%). However, in no event will the Applicable Interest Rate exceed the maximum interest rate permitted by law that may be charged under these circumstances. Sublandlord and Subtenant recognize that the damage Sublandlord will suffer in the event of Subtenant's failure to pay this amount is difficult to ascertain and that the late charge and interest are the best estimate of the damage that Sublandlord will suffer. If a late charge becomes payable for any three (3) installments or Rent within any twelve (12) month period, the Rent will automatically become payable quarterly in advance. Section 15. Miscellaneous Provisions • I. Nonwaiver: No waiver of any condition or covenant contained in this Sublease nor failure to exercise a right or remedy by either of the parties hereto shall be considered to imply or constitute a further waiver by such party of the same or any other condition, covenant, right, or remedy. 2. Choice of L.aw: The validity and construction of this Sublease shall be governed by the laws of the State of California and the venue for any action, including arbitration, concerning this Sublease or any other cause of action shall be San Luis Obispo County, California. The parties hereto acknowledge and agree that this Sublease was entered into, and is to be performed, in the above referenced County. 3, Construction: Throughout this Sublease, the use of the singular shall be construed to include the plural and vice versa. The use of any gender shall include all genders, whenever required by the context. 4, Wig: Any and all notices or other communication required or permitted by this Sublease to be served on or given to either party to this Sublease, by the other party to this Sublease shall be in writing and shall, except as otherwise required by law or this Sublease, be deemed duly served and given when personally delivered to any of the parties, to whom it is directed, or when mailed, first-class postage prepaid, return receipt requested, addressed to the respective party at their respective addresses set forth below. Either party may change his address for the purpose of this Section by giving written notice of such change to the other party in the manner provided for in this • Section. Lease Site No. 128 - Sublease Morro Bay, Canrornia 12 Sublandlord Subtenant Leta Moores & fCtC 101�2 l O (C1UJ 1 S c/o Gail Ramos 1215 Embarcadero 1215 Embarcadero Morro Bay, CA 93442 Morro Bay, CA 93442 , 5 Headings: The headings, .titles, and subtitles are inserted solely for convenient reference and shall be ignored in any construction of this Sublease. 6, Execution of Documents: Each patty to this Sublease shall from time to time, upon request by the other party, execute, acknowledge, and deliver to such other party a written statement certifying that this Sublease has not been modified ano is in full force and effect (or, if there have been modifications, that the same are in full force and effect and stating such modifications). Each party to this Sublease shall also, from time to time, upon request by the other parry, execute any additional documents which may reasonably be required to effectuate the purposes of this Sublease. 7. Successors and Assigns: The provisions of the Sublease shall inure to the benefit of and be binding upon the parties and their respective representatives, successors, and assigns. g. Severabiliy of Provisions: If any provision of this Sublease is held to be illegal or invalid by any court of law, or arbitrator, in a final decision from which no appeal is or can be taken, such provision shall be deemed modified to eliminate the invalid element, and, as so modified, such • provision shall be deemed a part of this Sublease as though originally included herein. The remaining provisions of this Sublease shall not be affected by such modification. 9, Survivability: Unless otherwise limited as set forth herein, all representations, warranties, covenants, and agreements of the patties contained in this Sublease, or in any instrument, certificate, opinion, or other writing provided for in it, shall survive its termination. 10. , Attorneys' Fees: In the event either party is required to employ legal counsel or to incur other expense to enforce any obligation of the other hereunder, or to defend against any claim, demand, action, or proceeding, including arbitration, or participate in or monitor bankruptcy proceedings or file, or defend against, any motions, adversary proceedings, applications, or other proceedings in of before any bankruptcy court, by reason of either party's failure to perform any obligation imposed upon either patty by this Sublease, whether or not legal action is filed by or against either party and such action or the settlement thereof establishes either party's default hereunder, then the prevailing party therein shall be entitled to recover from the other the amount of all reasonable attorneys' fees of such counsel and all other expenses incurred in enforcing such obligation or in defending against such claim, demand, action, or proceeding, whether incurred prior to or in preparation for or contemplation of the filing of such action or thereafter. As the prevailing party, either party shall further be entitled as a separate item to an award of reasonable attorneys' fees and costs incurred in enforcing any judgment awarded to either party pursuant to this Sublease, and this post judgment attorneys' fees provision is intended to be severable from the other provisions of this Sublease and shall survive any judgment and shall not be deemed merged into the Judgment. 11. lnco&pnmtion by Referent : All exhibits and schedules referenced in this Sublease and attached hereto are incorporated in toto by each respective reference and are made a part of this • Sublease. 12. Counterparts: The parties may execute this Sublease in two or more counterparts, which shall, in the aggregate, be signed by all the parties; each counterpart shall be deemed an. original instrument as. against any party who has signed it. L*me Bta No, 138 • Buewaa Morro Bay, CaarorWa 13 13. Ads: In entering into this Sublease, each party represents that he, she or it has • relied upon the legal advice of their attorneys, who are the attorneys of their own choice and that the terms of this Sublease have been completely read and explained to them by their attorneys, and that those terms are fully understood and voluntarily accepted. This Sublease and the terms and conditions thereof were determined in arm's length negotiations by, between and among the parties hereto and their respective counsel, and each party has received full and adequate independent counsel with respect to their entrance into this Sublease. 14. ronstn,ction of A egr ement: In entering into this Sublease, each party represents that he, she or it has negotiated this Sublease, have had an opportunity to be advised respecting the provisions contained herein and have had the right to approve each and every provisions hereof; therefore, this Sublease shall not be construed against either party as a result of the preparation of this Sublease by or on behalf of either party. 15. Authors : If either party to this Sublease is a corporation, or other legal entity, each individual executing this Sublease on behalf of said corporation or other legal entity represents and warrants that he is duly authorized to execute and deliver this Sublease on behalf of said corporation or other legal entity, in accordance with the bylaws of said corporation, or governing documents of said other legal entity, and that this Sublease is binding on said corporation or other legal entity. 16. Time is of the Essence: Time is expressly declared to be of the essence of this Sublease. 17 No Agency Partnership or Joint Venture: Nothing contained in this Sublease will • be deemed or construed by the parties, or by any third party, as creating the relationship of principal and agent, partnership, or joint venture by the parties. It is understood and agreed that no provision contained in this Sublease or any acts of the parties will be deemed to create any relationship "other than the relationship of landlord and tenant. 18. En*ire re Agement: All prior written or oral agreements between the parties are incorporated in this Sublease which constitutes the entire Agreement. Its terms are intended by the parties as a final expression of their Agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Sublease constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding, if any, involving this Sublease. Any amendments to this Sublease shall be null and void unless in writing, attached hereto, identified as an amendment to this Sublease and signed and dated by all the parties or their respective agents. Section 16. Consent by Master Landlord. THIS SUBLEASE WILL HAVE NO EFFECT UNLESS CONSENTED TO BY MASTER LANDLORD .WITHIN 10 DAYS AFTER EXECUTION IF CONSENT IS REQUIRED UNDER THE TERMS OF THE MASTER LEASE. • Lome Site No. 128 • Subkan Morro BrY, CANCrub 14 • IN WITNESS WHEREOF, the same parties have executed this Sublease on the dates I J indicated below. lr V, SUBLANDLORD 6 1ei By: Leta B. Moores Dated J SUBTENANT_0 Dated Dated MASTER LANDLORD'S CONSENT TO SUBLEASE The undersigned ("Master Landlord"), landlord under the Master Lease, consents to the Sublease without waiver of any restriction in the Master Lease concerning further assignment or subletting. Master Landlord certifies that, as of the date of Master Landlord's execution, Sublandlord is not in default or breach of any of the provisions of the Master Lease, and that the Master Lease has not been amended or modified except as expressly set forth in the Sublease. Master Landlord City of Morro Bay, A Municipal Corporation By: [Master landlord's signature, name, and cspacayl F.1WPNH "SY%i00R&7587U0oRR31iM Lease site Ka 138 . rubles" Morro Bay, CaatOrda 15 LJ RESOLUTION NO. 73-99 ANNEXATION TO STORM DRAIN MAINTENANCE DISTRICT NO. 1 OF: Parcels 1, 2, 3 and 4 of Parcel Map MB-97-159 (Assessor Parcel Numbers not yet assigned) and Lot 4 of Tract 1529 (Assessor Parcel Number 068-340-023) and ESTABLISHMENT OF YEARLY ASSESSMENT FOR STORM DRAIN MAINTENANCE DISTRICT NO. 1 OF $157.36 FOR: owners of the above said annexed parcels and lot and REVISION OF THE CURRENT YEARLY ASSESSMENT FOR STORM DRAIN MAINTENANCE DISTRICT NO. 1 FROM $217.88 TO $157.36 FOR: owners of lots 1-13 of Tract 1231 (Assessor Parcel Numbers 068-340- 001,2,3,4,5,6,7,8,9,10,11,12,13) • THE CITY COUNCIL City of Morro Bay, California WHEREAS, pursuant to the Storm Drain Maintenance District Act (Act 2208 of the Uncodified Water Law), the City Council did approve the formation of Storm Drain Maintenance District No. 1 for of Tract 1231 (lots 1 through 13) by adoption of Resolution No. 3-91 at a regular meeting held on January 14, 1991; and WHEREAS, the owner of Parcels 1, 2, 3 and 4 of Parcel Map MB-97-159 which adjoins Tract 1231 and the owner of Lot 4 of Tract 1529 which adjoins Parcels 3 and 4 of MB-97-159, have requested that their parcels be annexed to Storm Drain Maintenance District No. 1 as shown in Exhibit A (attached); and WHEREAS, since storm water drainage flow to the fronting street gutter by gravity means from said Parcels and Lot is not possible, the owners have provided engineered calculations indicating that the projected storm water developed will not exceed the design limits of the existing storm drain system improvements of Storm Drain Maintenance District No. 1; and WHEREAS, private easements necessary for delivery of drainage from said Parcels and Lot to the storm drain system improvements of Storm Drain Maintenance District No. I have been • acquired by said owners; and L Resolution 73-99 Page Two WHEREAS, the fiscal impact to property owners will be a yearly lot assessment of $157.36 as shown in Exhibit B (attached); and WHEREAS, on August 23, 1999 the City Council adopted Resolution No. 70-99, a resolution of intent for said annexation, and set a public hearing for adoption of a resolution for annexation of said Parcels and Lot to Storm Drain Maintenance District No. 1 and establishment of a yearly tax assessment of $157.36 per lot in said District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Parcels 1, 2, 3 and 4 of Parcel Map MB-97-159 and Lot 4 of Tract 1529 are annexed to Storm Drain Maintenance District No. 1, and further resolved that a yearly tax assessment for Storm Drain Maintenance District No. 1 of $157.36 is established per lot for Parcels 1, 2, 3 and 4 of Parcel Map MB-97-159, Lot 4 of Tract 1529 and revised from $217.88 to $157.36 for Lots I through 13 of Tract • 1231. A certified copy of this resolution shall be filed with the San Luis Obispo County Auditor, which shall thereupon enter the above said assessment on the County Tax Roll to said parcels and lots. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 130' day of September, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGET BAUER, City Clerk 0 • n� STORM DRAIN MAINTENANCE DISTRICT NO. 1 IMPROVEMENTS • NEW DRAINAGE EASEMENT FOR LOT 4 TRACT 1529 AND PARCELS 1,2,3,4 OF MAP MB-97-159 EXHIBIT A [07 n�vvi » a� 340 LOT 4 WF?m -„. �-TRACT1529------ N —Qzl > er —+ \ 11 I° E 0 o TRACT 1231 LOTS 1-13 o �O Y 'ARCELS 1,2,3,4 f2CEL MAP MB-97-159 EXHIBIT B Summary An assessment of $157.36 per year per lot results from the following Analysis which uses a 3% inflation rate over a 40 years for annual maintenance and improvement replacement costs. Analysis I = Improvement Replacement Cost today: Use 18" Dia. HDPE Pipe 480lin.ft x $28/lf = $13,440 $13,440 Manhole 2 ea. x $1,650 = 3,300 Drop Inlet lea. x $1,200 = 1,200 6,000* Junction Box lea. x $3,000 = 3,000 Catch Basin w/grate lea. x $2,500 = 2,500 I = total = $19,440 *Manhole, D.I., J.B., and C.B. are assumed to have a life exceeding 40 years. 60% of the $10,000 replacement cost today, representing $6,000 is used. • M = Present Value of Maintenance Assume annual maintenance to include inspections(2hr), cleaning(5hr), records(3hr), and district administration (6hr) totaling 16 hours/yr. Use $40/hr as average City cost. 16hr/yr x $40/hr = $640/yr M = P = present value of $640 annual cost for 40 years at a 3% inflation rate M = P = $640 x (P/A, 3%, 40) = $640 x.(23.115) = $14,793.60 F = Future Worth of Improvements(I) and Maintenance(M) in 40 years with 3% inflation. I + M = $19,940 + $14,793.60 = $34,733.60 F = $34,733.60 x (F/P, 3%, 40) _ $34,733.60 x (3.262) = $113,301.00 A = Assessment per lot per year. (18 lots, 40 years) A = $113,301.00/(18 x 40) = $157.36 per year per lot Note: $113, 301.001(13 x 40) = current assessment of $217.89 for lots 1-13 of Tract 1231 i RESOLUTION NO. 70-99 DECLARING THE CITY COUNCIL'S INTENTION FOR AN ANNEXATION TO STORM DRAIN MAINTENANCE DISTRICT NO. 1 OF: Parcels 1, 2, 3 and 4 of Parcel Map MB-97-159 and Lot 4 of Tract 1529. THE CITY COUNCIL City of Morro Bay, California WHEREAS, pursuant to the Storm Drain Maintenance District Act (Act 2208 of the Uncodified Water Law), the City Council did approve the formation of Storm Drain Maintenance District No. 1 for of Tract 1231 (lots 1 through 13) by adoption of Resolution 3-91 at a regular meeting held on January 14, 1991; and • WHEREAS, the owner of Parcels 1, 2, 3 and 4 of Parcel Map MB-97-159 which adjoins Tract 1231 and the owner of Lot 4 of Tract 1529 which adjoins Parcels 3 and 4 of MB-97-159, have requested that their parcels be annexed to Storm Drain Maintenance District No. 1 as shown in Exhibit A (attached); and WHEREAS, since storm water drainage flow to the fronting street gutter by gravity means from said Parcels and Lot is not possible, the owners have provided engineered calculations indicating that the projected storm water developed will not exceed the design limits of the existing storm drain system improvements of Storm Drain Maintenance District No. 1; and WHEREAS, private easements necessary for delivery of drainage from said Parcels and Lot to the storm drain system improvements of Storm Drain Maintenance District No. 1 have been acquired by said owners; and WHEREAS, the fiscal impact to property owners will be a yearly lot assessment of $157.36 as shown in Exhibit B (attached); and 11 . Resolution 70-99 WHEREAS, The Storm Drain Maintenance District Act permits the City Council to annex territory to the existing said District No. 1 pursuant to adoption of a resolution of intent and the setting of a date for a public hearing at which a resolution of annexation can be adopted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. It is the intent of the City Council to approve the annexation of Parcels 1, 2, 3 and 4 of Parcel Map MB-97-159 and Lot 4 of Tract 1529 to Storm Drain Maintenance District No. 1 as shown on Exhibit A and to establish a yearly tax assessment of $156.36 per lot to defray maintenance, replacement, administration and other District costs as shown in Exhibit B attached hereto. 2. The City Council will conduct a public hearing to consider comments to the proposed annexation on September 13, 1999 at 6:00 p.m. in the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay, California. • PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting thereof held on the 23rd day of August, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peters, Peirce NOES: ABSENT: ATTEST: JIVAIE BOUCHER, Deputy City Clerk • lu :4 a STORM DRAIN MAINTENANCE DISTRICT NO. 1 IMPROVEMENTS1 • NEW DRAINAGE EASEMENT FOR LOT 4 TRACT 1529 AND PARCELS 1,2,3,4 OF MAP MB-97-159 EXHIBIT A 'D�• (J".' s. o TRACT1231 LOTS 1-13 ' 340 ` • e 40 LOT 4 TRACT 1529 » N ti 40 'ARCELS 1,2,3,4 RCEL MAP ME-97-159 • EXHIBIT. B Summary An assessment of $157.36 per year per lot results from the following Analysis which uses a 3% inflation rate over a 40 years for annual maintenance and improvement replacement costs. Analysis I = Improvement Replacement Cost today: Use 18" Dia. HDPE Pipe 480 lin.R x $28/lf = $13,440 $13,440 Manhole 2 ea. x $1,650 = 3,300 Drop Inlet lea. x $1,200 = 1,200 6,000* Junction Box lea. x $3,000 = 3,000 Catch Basin w/grate lea. x $2,500 = 2,500 I = total = $19,440 *Manhole, D.I., J.B., and C.B. are assumed to have a life exceeding 40 years. 60% of the $10,000 replacement cost today, representing $6,000 is used. • M = Present Value of Maintenance Assume annual maintenance to include inspections(2hr), cleaning(5hr), records(3hr), and district administration (6hr) totaling 16 hours/yr. Use $40/hr as average City cost. 16hr/yr x $40/hr = $640/yr M = P = present value of $640 annual cost for 40 years at a 3% inflation rate M = P = $640 x (P/A, 3%, 40) = $640 x (23.115) = $14,793.60 F = Future Worth of Improvements(I) and Maintenance(M) in 40 years with 3% inflation. I + M = $19,940 + $14,793.60 = $34,733.60 F = $34,733.60 x (F/P, 3%, 40) = $34,733.60 x (3.262) = $113,301.00 A = Assessment per lot per year. (18 lots, 40 years) A = $113,301.00/(18 x 40) = $157.36 per year per lot 0 Note: $113,301.00/(13 x 40) = current assessment of $217.89 for lots 1-13 of Tract 1231 • RESOLUTION NO. 69-99 RESOLUTION ASSIGNING RESPONSIBILITY TO THE PUBLIC SERVICES DIRECTOR FOR DUTIES OF CITY ENGINEER CHIEF BUILDING OFFICIAL, COMMUNITY DEVELOPMENT DIRECTOR, PLANNING DIRECTOR, AND PUBLIC WORKS DIRECTOR THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Section 36505 requires the City Council to appoint a City Engineer by resolution; and WHEREAS, the city codes are organized in such a way as to relate certain duties to specific position titles including the City Engineer, Chief Building Official, Community Development Director, Planning Director and Public Works Director; and WHEREAS, the City has reorganized the former functions of public works, planning, building inspection and the contracted function of engineering services into the Department of Public Services; and WHEREAS, the City desires the Public Services Department Director or his/her qualified designee(s) be assigned the duties of City Engineer, Chief Building Official, Community Development Director, Planning Director and Public Works Director. • NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Mono Bay, California, that the Public Services Department Director shall be assigned the duties of City Engineer, Chief Building Official, Community Development Director, Planning Director and Public Works Director Directly or through his/her qualified designee, effective immediately. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23' day of August, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peters, Peirce NOES: ABSENT: i/7�// i. �- _ ABSTAIN: G'R ANDERSON, Mayor ATTEST: a. J IE BOUCHER, Deputy City Clerk Res8-23-99 RESOLUTION NO. 66-99 • RESOLUTION APPROVING ENTERING INTO COOPERATIVE AGREEMENT NO. MB-TEA21-01 WITH THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS the City Council, City of Morro Bay, California WHEREAS, the City of Morro Bay and the San Luis Obispo Council of Governments (SLOCOG) are authorized to enter into agreements for transportation related purposes; and WHEREAS, the City applied to SLOCOG for grant funding for certain individual projects; and WHEREAS, funding was approved and a Cooperative Agreement, No. MB-TEA21- 01, has been prepared to administer said grants; and WHEREAS, it is in the interests of public health and welfare that the City enter into said Agreement; and WHEREAS, it is necessary to designate a Project Coordinator for the Agreement and the projects referenced therein. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council, that • SLOCOG Cooperative Agreement No. MB-TEA21-01 is hereby approved; and BE IT FURTHER RESOLVED, the Director of Public Services is herewith designated to be the City's Project Coordinator; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute said Agreement on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 23' day of August, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peters, Peirce NOES: ABSENT: ABSTAIN: ATTEST: JAMIEJAOUCHER, Deputy City Clerk CITY COUNCIL RESOLUTION NO. 65-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, APPROVING THE FORM OF THE LEASE/PURCHASE AGREEMENT WITH ZIONS FIRST NATIONAL BANK, SALT LAKE CITY, UTAH AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF BY THE FINANCE DIRECTOR. WHEREAS, the City Council has determined that a true and very real need exists for the leasing of the property described in the Lease/Purchase Agreement presented to this meeting; and WHEREAS, the City Council has reviewed the form of the Lease/Purchase Agreement and has found the terms and conditions thereof acceptable to the City of Morro Bay (the "Lessee"); and WHEREAS, The City Council has taken the necessary steps under applicable law to arrange for the leasing of such property under the Lease/Purchase Agreement; and WHEREAS, pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), under certain circumstances, certain obligations the interest on which is exempt from federal income tax under Section 103 of the Code may be designated by the issuer thereof as "qualified tax-exempt obligations," thereby allowing certain financial institutions that are • holders of such qualified tax-exempt obligations to deduct for federal income tax purposes a portion of such institution's interest expense that is allocable to such qualified tax-exempt obligations, all as determined in accordance with Sections 265 and 291 of the Code. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: SECTION 1. The terms of said Lease/Purchase Agreement are in the best interests of Lessee for the leasing of the property described therein. SECTION 2. The Finance Director of the City of Morro Bay is hereby authorized to execute and deliver the Lease/Purchase Agreement in substantially the form presented to this meeting and any related documents necessary to the consummation of the transactions contemplated by the Leasu?urchase Agreement for and on behalf of the Lessee. The officers of the Lessee may make such changes to the Lease/Purchase Agreement as such officers deem necessary or desirable, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3. The officers of the Governing Body and the Lessee are hereby authorized and directed to fulfill all obligations under the terms of the Lease/Purchase Agreement. • SECTION 4. Based on the following representations, the interest components of the lease payments under the Lease/Purchase Agreement are hereby designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code: (i) such lease payments are not private activity bonds within the meaning of Section 141 of the Code; (ii) the Lessee reasonably anticipates that it, together with its subordinate entities, will not issue during the current calendar year obligations (other than those obligations described in clause (iii) below) the interest on which is excluded from gross income for federal income tax purposes under Section 103 of the Code which, when aggregated with all obligations described in clause (ii) above, will exceed an aggregate principal amount of $10,000,000; (iii) and notwithstanding clause (ii) above, Lessee and its subordinate entities may have issued in the current calendar year and may continue to issue during the remainder of the current calendar year private activity bonds other than qualified 501(c)(3) bonds as defined in Section 145 of the Code. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th day of July, 1999, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None zaz2z� ger An erson, Mayor • Bridgett B18er, City Clerk • "mmso®omo��na.r� n"u.im RESOLUTION NO. 64-99 • APPROVAL OF A SIX MONTH LEASE AGREEMENT WITH KINGFISHER TRADING COMPANY FOR A PORTION OF LEASE SITE 132W-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 a portion of Lease Site 132W-133W; and, WHEREAS, said Lease Site is currently leased to Ming Dynasty; and, WHEREAS, the lease agreement for said Lease Site with Ming Dynasty will expire by July 31, 1999; and, WHEREAS, Ming Dynasty is no longer operating out of said Lease Site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a six month lease agreement with Kingfisher Trading Company is hereby approved for a portion of Lease Site 132W-133W. • BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the lease agreement for a portion of Lease Site 132 W-133 W with Kingfisher Trading company. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26" day of July, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None L BRIDGETT UER, CITY CLERK 0 LEASE AGREEMENT BY AND BETWEEN CITY OF MORRO BAY 7 KINGFISHER TRADING CO., INC. • 0 LEASE AGREEMENT •This Lease Agreement ("Lease") is made as of this _ day of 1999 by and between the CITY OF MORRO BAY (Landlord) and, and Kingfisher Trading Co., Inc., ("Tenant"). 1. LEASED AREA, CONDITION OF SITE The leased area, hereinafter called "Site", shall be that portion of the dock improvements and water described as 52 feet of water frontage by 80 feet of dock and water (total of 4160 square feet) outlined in yellow as shown on the attached Site Map labeled "Exhibit A" and incorporated herein. The Site is leased to Tenant in an "as is" condition and Tenant agrees that it has investigated the condition of the Site and determined that the Site is suitable to the operations of Tenant. 2. MAINTENANCE AND REPAIR OF SITE Tenant agrees to maintain the dock building and utility system on the Site in good, useable and safe condition at all times. 3. TERM The term of this Lease shall commence.on August February 1, 2000 ("Termination Date"). 1, 1999 ("Commencement Date") and terminate on 4. RENT Tenant shall pay to Landlord in lawful money of the United States of America, a monthly rent of Six Hundred Dollars ($600.00). Tenant shall pay the rent to Landlord on the date of execution of this Lease and on the first of each month thereafter. Any holdover of this Lease shall be on a month to month basis with a monthly rate of Six Hundred Dollars ($600.00) and shall be subject to termination on 30 day written notice •by either party for any reason. 5. NO INTERFERENCE Tenant acknowledges that City intends to lease the adjacent southerly lease sites to another fish buyer, and Tenant agrees to cooperate with City and future tenant of adjacent lease so that at no time will Tenant or Tenant's boats interfere with berthing or operations on the adjacent lease site. 6. RESTRICTIONS UPON USE Tenant agrees that, in connection with the use and operation of the Site, Tenant shall use the Site only for fish buying and sales and vessel berthing, and that any other use, without prior written approval shall be a violation of this Lease. Furthermore, Tenant 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, guests, employees, agents and contractors of Tenant; b. Permit undue accumulations of garbage, trash, rubbish or any other refuse by the guests, employees, agents and contractors of Tenant or cause or allow any circumstances or acts on the Site by the guests, employees, agents and contractors of Tenant which will result in pollution of Morro Bay. C. Permit any use of the Site by the guests, employees, agents and contractors of Tenant which will cause a cancellation of any insurance policy covering the Site, or any building or improvements thereon, or any activity by the guests, employees, agents and contractors of Tenant which may be prohibited by any insurance policies covering the area, said buildings or improvements. •d. Waste Water. Page ! qf5 e. Erect, place, operate or maintain any improvement within the Site, nor conduct any business, in • violation of the terms of this Lease, or in violation of any regulation, order of law, statute, bylaw or ordinance of a governmental agency having jurisdiction over the Site. 7. SIGNS All signs placed on the Site shall be in accordance with the "Sign Ordinance of the City of Morro Bay" and shall be approved by the Harbor Director. "Sign" shall have the meaning set forth in said Sign Ordinance. The perimeter fence on the Site shall be conspicuously posted to restrict access beyond the fenced area. 8. GOVERNMENTAL REQUIREMENTS . Tenant 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 Tenant in connection with its business; provided, however, that Tenant may cease to operate and use the Site at any time and, in such case, Tenant shall have no future obligation to comply or pay such costs and expenses of compliance. So long as Tenant continues to operate and use the Site, Tenant shall comply with each and every requirement of all policies of public liability insurance which Tenant is required to have in force with respect to the Site. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against it, whether Landlord be a party thereto or not, that Tenant has violated any such ordinance or statute in the use of the Site shall be conclusive of that fact as between Landlord and Tenant. 9. TAXES Tenant acknowledges and agrees that this Lease may create a possessory interest subject to property taxation. Tenant agrees to pay and discharge, as additional rent for the Site during the term of this Lease, before •delinquency, all taxes (including, without limitation, possessory interest taxes associated with Tenant's interest in the Site and the execution of this Lease), assessments, fees, levies, lease and permit fees and other governmental charges of any kind or nature whatsoever upon the assessed value of its interest in the Site. In the event the Site, or any possessory interest therein, should at any time be subject to ad valorem taxes or privilege taxes levied, assessed or imposed on such property, Tenant shall only pay taxes upon the assessed value of its interest. 10. ADDITIONAL ALTERATIONS AND REPAIRS Prior to making any alterations to the Site, Tenant shall obtain the written approval of the Harbor Director. In addition, Tenant will obtain any and all required permits, approvals or authorizations required by all governmental agencies for the proposed alterations or repairs. Landlord acknowledges that Tenant intends to install a hoist on the Site and Tenant acknowledges such installation may require a building permit, 11. OWNERSHIP OF IMPROVEMENTS All improvements to real property constructed on the Site by Tenant as permitted or required by this Lease shall, during this Lease Term, be and remain the property of Tenant, provided, however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that Tenant's rights and powers with respect to the improvements are subject to the terms and limitations of this Lease. Upon termination all improvements, alterations or repairs to the Site shall become the property of Landlord. 12. ASSIGNMENT AND SUBLETTING This Lease is personal in nature and may not be assigned or transferred by either party. Page 2 of 5 13. INSURANCE •Tenant shall indemnify and hold Landlord and the property of Landlord, including said Site and any buildings or improvements now or hereafter on said Site, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from Tenant's occupation and use of said Site, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: a. The death or injury of any person who is a guest, employee, agent or contractor of Tenant, or by reason of the damage to or destruction of any property, owned by Tenant or by any person who is a guest, employee, agent or contractor of Tenant, from any cause whatever while such person or property is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site; b. The death or injury of any person who is a guest, employee, agent or contractor of Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or any person who is a guest, employee, agent or contractor of Tenant, caused or allegedly caused by either (i) the condition of said Site or some building or improvement on said Site, or (ii) some act or omission on said Site of Tenant or any person in, on, or about said Site with or without the permission and consent of Tenant; C. Any work performed on said Site or materials furnished to said Site at the instance or request of Tenant or any person or.entity acting for or on behalf of Tenant; or d. Tenant's failure to perform any provision of this Lease or to comply with any requirement of law or any requirement imposed on Tenant or said Site by any duly authorized governmental agency or political subdivision. •Tenant shall, at Tenant's own cost and expense, secure promptly after the execution of this Lease and maintain during the entire Lease Term, a broad form commercial general liability insurance policy or policies which insures Tenant'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 Landlord and authorized to issue liability insurance in California, and which shall list Landlord as the named primary additional insured, without offset to Landlord's policies as respects all operations of Tenant. Any deductibles or self -insured retentions must be declared to and approved by Landlord. The terms of said policies may be for such period as shall be designated by Tenant; provided however, that within two (2) months prior to the expiration date of such insurance terms, Tenant shall procure other policies of said insurance so that between the execution of this Lease and the commencement of the Lease Term, and throughout the entire Lease Term or any renewal thereof, or until the sooner termination hereof, Landlord, its officials, employees, agents and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance, in accordance with the foregoing. • Tenant shall within ten (10) days after the execution of this Lease and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to Landlord 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 City of Morro Bay as primary additional insured. Each insurance policy required by this Lease shall contain a provision that it cannot be canceled for any reason nor can the coverage or limits be reduced unless ten (10) days prior written notice of the cancellation or reduction is given to Landlord in the manner required by this Lease for service of notices on Landlord by Tenant. Page 3 Of 5 014. HOLD HARMLESS Tenant agrees to investigate, defend, indemnify and hold harmless Landlord, 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 Landlord may incur due to this Lease or Tenant's operations or any acts or omissions of Tenant or its guests, employees, agents and contractors. ' 15. DESTRUCTION This Lease shall remain in full force and effect, including. Tenant's obligation to pay rent, in all events of destruction to the Site, unless otherwise modified by the mutual written agreement of the Landlord and Tenant.' 16. DEFAULT In the event that Tenant shall fail to perform any agreement, covenant or condition set forth in this Lease, the Lease may be terminated upon thirty days written notice from Landlord. 17. NOTICES If at any time after the execution of this Lease, 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 if intended for Landlord shall be addressed to: Harbor Director City of Morro Bay • 1275 Embarcadero Morro Bay CA 93442 and if intended for Tenant shall be addressed to: Kingfisher Trading Co., Inc. ATTN: Mike H. Truong 2503 Troy Avenue S. El Monte CA 91733 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. 18. UTILITIES Tenant is responsible for all costs of installation and maintenance of any and all utilities or services required by Tenant at the Site. Tenant shall sub -meter for electric and water service as necessary. Landlord shall not be liable for the failure of utilities or services to the Site. 19. MISCELLANEOUS a. In case any one or more of the provisions contained in this Lease 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 Lease, but this Lease Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. • b. Nothing in this Lease 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. Page 4 of 5 c. The words "Landlord" and "Tenant" 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 Landlord and Tenant, the obligations hereunder imposed upon Landlord and Tenant shall be joint and several. d. Time is of the essence of each and all 'of the agreements, covenants and conditions of this Lease. e. This Lease shall be interpreted in accordance with and governed by the laws of the State of California. The language in all parts of this Lease shall be, in all cases, construed according to its fair meaning and not strictly for or against Landlord or Tenant. f. This Lease constitutes the entire agreement between Landlord and Tenant with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written. This Lease may not be amended or modified in any respect whatsoever except by an instrument in writing signed by Landlord and Tenant. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease by proper persons thereunto duly authorized as of the date first hereinabove written. Approved as to Content HARBOR DIRECTOR CITY OF MORRO BAY *Rick Algert Approved MAYOR CITY OF MORRO BAY • KINGFISHER TRADING CO., INC. Mike H. Truong Page 5 Of S 0 W� *all I* CL -4 '0 �I 04 RESOLUTION NO. 63-99 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits and conditions of employment with the Morro Bay Peace Officers Association; and WHEREAS, the meeting between the Morro Bay Peace Officers Association and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Peace Officers Association accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and • WHEREAS, the City now desires to provide said salaries, benefits and conditions to said police employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution. BE IT FURTHER RESOLVED that the City Manager and Personnel Officer are hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 26' day of July, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ATTEST: • BRIDGET AUER, City Clerk RESOLUTION NO.62-99 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MORRO BAY FIRE FIGHTERS OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits and conditions of employment with the Morro Bay Fire Fighters Association; and WHEREAS, the meeting between the Morro Bay Fire Fighters Association and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Fire Fighters Association accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and • WHEREAS, the City now desires to provide said salaries, benefits and conditions to said Morro Bay Fire Fighters Association. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution. BE IT FURTHER RESOLVED that the City Manager and Personnel Officer are hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the Mono Bay City Council at a meeting thereof held this 261 day of July, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None, ATTEST: BRIDGETAPAUER, City 'Clerk RESOLUTION NO.61-99 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MISCELLANEOUS EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits and conditions of employment with SEIU Local No. 620 representing the miscellaneous employees; and WHEREAS, the meeting between SEIU Local No. 620 and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by SEIU Local No. 620 accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and • WHEREAS, the City now desires to provide said salaries, benefits and conditions to said miscellaneous employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Mono Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution. BE IT FURTHER RESOLVED that the City Manager and Personnel Officer are hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a result meeting thereof held this 26' day of July, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ATTEST: BRIDGE BAUER, City Clerk 0 RESOLUTION NO.60-99 APPROVAL OF SUBLEASE OF A PORTION OF LEASE SITE 87-88/87W-88W BETWEEN GEORGE LEAGE AND SHERRY MERINO, DBA PSYCHIC CENTER THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Mono 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 lessee of said property; and, WHEREAS, Mr. Leage has requested approval of a sublease for a portion of Lease Site 87-88/87W-88W to Sherry Merino, dba Psychic Center; and, M1 WHEREAS, the lessee is currently in compliance with the terms of the lease agreement; WHEREAS, the lease agreement requires City Council approval of any sublease; and, WHEREAS, the City cannot arbitrarily withhold approval of any sublease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro • Bay that the City Council consents to the sublease of a portion of Lease Site 87-88/87W-88W between George Leage and Sherry Merino provided said sublease uses shall not include sales of drug paraphernalia or provision of services, which detract from the positive environment on the Embarcadero as determined solely by the City Council. BE IT FURTHER RESOLVED that approval of said sublease is conditional upon approval and receipt of the Minor Use Permit from the City of Morro Bay Planning Division. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 281' day of June, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None //Z.,.e� /_d,4 Dili �� '"�"j " DI • BRIDGETT UER, CITY CLERK City of Morro Bay HARBOR DEPARTMENT • 1 275 EMBARCADERO, MORRO BAY, CALIFORNIA, 93442 • 805.772-6254 JUN 15 APPLICATION ��I`��_ V�✓� i APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASEAGREMENTS OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENT To be completed and returned to the Harbor Office for processing. fA. ck-t7 331 LEASE SITE #: LS- �7' Y �t(� —�v APPLICATION FEE: cg /V- — y Ci� s C.e Yet Zf Lessee (please print) Business Name •Mailing Address /)IQIPo City, State Zip Te phone REQUEST: Briefly describe the specific nature of the approval requested. 1722 Applicant's Signature • Dat C _ 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. • CONSENT TO SUBLEASE AGREEMENT THIS CONSENT. TO SUBLEASE AGREEMEN s e ere into this day of . ��. n , 1999, by. and between hereinafter referred to as TENANT, and dba, p �� C�, c�r ehk c re r- hereinafter refereed to as SUB TENANT and the City of Morro yB'a , California, hereinafter referred to as CITY.. RECITALS % -7 WHEREAS, a Master Lease was executed on �/ 2� I O , 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 sut req 'red of TENANT and SUBTENANT under the terms of the Master Lease dated hereinafter known as "Master Lease". In the event TENANT fai s 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 . tcU commencing upon execution of said lease and this consent to sublease, provided, ho ever, 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: 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 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. �. erson, Mayor ATTEST: Bridgett Ba r, City Clerk SUBTENANT: TENANT: By: A� Page 3 of 3 Honorable Mayor, and Council Members, I Sherry Merino am proposing to open a Metaphysical gift shop at 833 Embarcadero. I will be selling tarot cards, crystals, meditation books and tapes, incense, candles, ect... I will also be providing as a service to clients psychic and tarot card readings. I have been established in San Luis Obispo County for 16 years. I am currently licensed in the city of San Luis and have been for 5 years. I have also been licensed in the city of Atascadero for 10 years. In past years I have also been licensed in the city of Morro Bay twice. I have an excellent reputation in the County, I feel that I am able to offer people a very unique service, whether it be for specific information they may be seeking, or simply for a form of entertainment. The zoning I am currently under in San Luis Obispo is commercial tourist. The planning dept. in San Luis Obispo felt this would be a form of entertainment for tourist visiting the city of San Luis. I am eager and looking forward to opening my new shop on the Embarcadero. If you have any questions or need any further information don't hesitate to call me at 541-5454. Thank You, 11 0 RESOLUTION NO.59-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on May 24, 1999 the City Council did adopt Resolution No. 43-99 declaring the Council's intent to levy an assessment for the annual maintenance of the Cloisters Park and Open Space and approving the Engineers Report; and WHEREAS, a public hearing to hear all protests as to the levy of the annual assessment of said district was scheduled for June 28, 1999 at 6:00 p.m. in the Veteran's Memorial Building; and WHEREAS, notices were mailed to one hundred percent (100%) of the property owners on record in the proposed district regarding the proposed assessment and listing the date, time and • location of the protest hearing, as well as being published in the local newspaper; and WHEREAS, the City Council did hear objections of all interested parties as to the levy of the annual assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District on June 28, 1999 at the Veteran's memorial Building. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the annual levy for the maintenance of North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is hereby ordered and the assessment of $148,944 to be equally distributed per assessable parcel for the Fiscal year 1999-00 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Mono Bay that adoption of this resolution shall constitute the levy of an assessment for the Fiscal Year 1999-00 and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. • Resolution No. 59-99 Page 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28th day of June, 1999 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None A� "nP-ANDE ON, MAYOR ATTEST: BRIDGET BAUER, CITY CLERK • u/w/council/res59-99 0 • 00 n C) • C�J SW yAgNro EXHIBIT A VEK DST AZURE . 04 CNO Cj U 5 a A off i C b 7- to o Z J V 91 pqI v L 11 N co a LO 0 ,c 01MOPY 14 0. Q f - El9f�S90 ZSL-590 • O55-152 C °°J � Nm 1 C 0 4 u 9 5 ®� W aF� e Os• " k� � � °�e�A�9�UP " � m 1) v f� RESOLUTION NO.58-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on May 24, 1999 the City Council did adopt Resolution No. 42-99 declaring the Council's intent to levy an assessment for the annual maintenance of the North Point Natural Area and approving the Engineers Report; and WHEREAS, a public hearing to hear all protests as to the levy of the annual assessment of said district was scheduled for June 28, 1999 at 6:00 p.m. in the Veteran's Memorial Building; and • WHEREAS, notices were mailed to one hundred percent (100%) of the property owners on record in the proposed district regarding the proposed assessment and listing the date, time and location of the protest hearing, as well as being published in the local newspaper; and WHEREAS, the City Council did hear objections of all interested parties as to the levy of the annual assessment for the North Point Landscaping and Lighting Maintenance Assessment District on June 28, 1999 at the Veteran's Memorial Building. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the annual levy for the maintenance of North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is hereby ordered and the assessment of $5,645 to be equally distributed per assessable parcel for the Fiscal year 1999-00 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Mono Bay that adoption of this resolution shall constitute the levy of an assessment for the Fiscal Year 1999-00 and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. 0 • Resolution No. 58-99 Page 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28' day of June, 1999 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None ATTEST: BRIDGET AUER, CITY CLERK • Ww/cowciVm38-99 • EXHIBIT A CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA -: LEGEND 1. = LOT NUMBER 1.10 ACf"ate 10 = COUNTY ASSESSORS PARCEL NUMBER �� -ij" _�.y� � z 1 •IPA �l o w, 9.. f' ILL 7. 4y bey � i6 NO ARE4 , = TRACT 2110 a) CIVE 4 $ 21 14 55 AC-* 3 12 s 10 w •Y � � • CITY OF MORRO BAY RESOLUTION NO.57-99 RESOLUTION OF THE CITY COUNCIL OF MORRO BAY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE COASTAL RESOURCES GRANT PROGRAM UNDER SECTION 35030/35031 OF THE PUBLIC RESOURCES CODE FOR THE FOLLOWING PROJECT: REBUILDING OF A RESTROOM FACILITY AT MORRO ROCK WHEREAS, the Legislature of the State of California has enacted AB 1431 (Chapter 977 of the Statutes of 1996), which is intended to provide grant funds to coastal cities and counties affected by the impact of offshore energy developments for projects to enhance the management of coastal resources; and WHEREAS, the Resources Agency has established the application procedures and criteria for reviewing grant proposals from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and • WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the coastal resources project; WHEREAS, the existing restroom facility was constructed prior to the incorporation of the City in 1964; and WHEREAS, the existing restroom is inadequate in design and capacity to handle the thousands of visitors to the area; and WHEREAS, with the increasing number of special events and programs held at Morro Rock and adjacent beach, the existing facility will be further compromised; NOW, THEREFORE, BE IT RESOLVED THAT on the 28' day of June, 1999, the City Council of the City of Morro Bay: Approves the filing of an application for the Coastal Resources Grant Program for grant assistance. 0 • Resolution No. 57-99 Page Two 2. Certifies that the City will make adequate provisions for operation and maintenance of the project. 3. Appoints Andrea Lueker, Recreation and Parks Director as agent of the City of Morro Bay to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of June, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None • ABSENT: None G ANDERSON, Mayor ATTEST: BRIDGETT UER, City Clerk E • CITY COUNCIL RESOLUTION NO. 56-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1999-2000 FOR THE CITY OF MORRO BAY WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day -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 recognizes that Capital Improvement Projects authorized and approved in prior fiscal years (1995-96 through 1998-99) may not be completed by June 30, 1999; and WHEREAS, the City Council acknowledges the continuing efforts of staff to operate within an approved budget and manage savings wherever feasible. NOW THEREFORE, BE IT RESOLVED: 1) The Fiscal Year 1999-2000 Operating and Capital Improvement Budgets are adopted as presented in the • proposed budgets and subsequent amendments (attached hereto); and 2) Staff is directed to prepare and publish a final budget document. 3) The City Manager is authorized to transfer appropriations anywhere within the adopted budget so long as the total authorized appropriations are not exceeded. Otherwise, budgetary control is intended to be at the division level appropriations total for operating budgets and at the project level for capital improvement projects, with line item changes administratively reviewed and approved. 4) The City Council authorizes and directs the transfer of the balances of projects approved in fiscal years 1995-96 through 1998-99, but not completed by June 30, 1999, to the Capital Improvement Project Fund(s) for Fiscal Year 1999-2000. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 28th day of June, 1999, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None E ANDEN, yor RS BRIDGE BA E City Clerk 0 • CITY COUNCIL RESOLUTION NO. 55-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1999-2000 FOR THE CITY OF MORRO BAY WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; and WHEREAS, Proposition 1 I I of June, 1990, requires an annual election of the method of measurement of growth in both PRICE and POPULATION; and WHEREAS, the measurement of PRICE is most advantageous using the growth in the California Per Capita Personal Income measurement; and WHEREAS, the measurement of POPULATION is most advantageous using the growth in San Luis Obispo County population. • NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay elects to use as measurements of growth, the California Per Capita Personal Income and the County of San Luis Obispo Population growth, and establishes the Fiscal Year 1999-2000 Appropriations Limit at $12,354,112 from the proceeds of taxes. • PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 28th day of June, 1999, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None Agerodge�p�(erson, May Bridgett Bau , City Clerk v w.vwec®vmsmam� W �4 fin, ATTACHMENT A v c O o � 0 fl- U- M o C6 0 M M 0 O U � a v1 O O O to O T 0 0 M 1l� 0 M W(O �I N V)0 W)vsf in co U U O r N O M O R k -T w (00 W co r co N co 00 • O N NN Z x x x I X1 x x x x I I Io 0 LO In O O rn 00 to (- M 1, 00 n N O O h h (M CO- O O O In N m; a) .�. U d N , 1-- M (0 co (O u7 0 � 1` (n m m a M O 00 00 (O' M N M V N 1-- 00 U {� l0 N C O N N w O � O F O l0 O C 0) 7 0 >. O U N E w m0,U O 0� c U (a � C 7 N _ �0). 0 x m U 7 y m C >a C E (D O 77 O- Z N N. N O O C O C Vl N N X (0 d X (0 N C N` « C N U 7 C d C E O �. C~ (U7� U O(-(pp 2 0 y O> 0 N C O 01 V 'C (0 N N U~ 01 �C U O C (L O U 0) O- y 0- m ~ F j y J O L O ur 0) .0 Q' c C C N p n r r (YS 01 w IL otS i J eb N w 7 N N (�O L C O C C y o O C 0 F a)y V N O Q d N ."T' = N 4) �O > C N N • 12 0LLL(L r n` Z)mCLLZ2in�w 2c� (L 6 0 rn rn c EL a ATTACHMENT M r s a N(n O O O r O N �O W Loa "V V N M NO0MMONM W O(O(O V (D N 00 N V (O � M LL9(0(D r O, 00 In O LOLO O (00000 V 00, N� (O N O 1 N(0001700 �_ r r Vr(017(n Cl NM v) V V Orr V M V N (D aDr ramr V �0 Y70 0V r-, 0 r 00 00V Or NM(D 00 V, CO MM M M c'M V V V(nN W (O(O r r MMO 00 W OO�N 04 CC) NOD OD (0 NN LO rN(OM Q O M O O Z M 0O to 0) (D r O O to 00 II � MMN O) V OOD a (D OM O) OD O (D O O OD V (O M O r N Q V N M M V M N N N N Z 00(O (7) V V)N OOD OD O) M NMO 00 rO rr V M Q O N N Z M 04 N V V N N r r^ M (n M N (D r r r (D (D )0 O 0) N V V O i N O V V V V V Q Z (7) V V O V M 00 r n r (M O O) M O (O R M N M M V Q � Z 0) O NM V u7(D r 000)0 NM V N(Dr M O)O r ao ao aD ao 00 0D ao ao ao ao 0) O) O D1 Q) 0 0 0) 0 01 O O)O)0)Q)OO)O01 D)0010)O) W W 0)Q)O)O)01 Q/O M O)O (M V (D Or OD MO NM V (D(Or ODM r r ao ao 0o ao ao ao ao ao ao ao rn rn rn rn rn w rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn o) rn rn rn m (c m m m m m w m m m w m m m m m m m m m m N N N N N N N N N N N N N N N N O) N N 0) 01 V) LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL ATTACHMENT C Enclosure 11 • . Annual Percent Change in Population Minus Exclusions (•) January 1, 1998 to January, 1999 and Total Population January 1, 1999 Total County Percent Change — Population Minus Exclusions — Population City 1998-99 1.1.98 1-1-99 1-1-99 SAN LUIS OBISPO ARROYO GRANDE 2.62 15,599 16,007 16,007 ATASCADERO 1.76 - 25.028 26,469 25,469 EL PASO DE ROBLES 3.67 20,939 21,708 22.494 GROVER BEACH . 2.49 12,340 12.647 12,647 MORRO BAY 1.39 9,736 9,871 9,871 PISMO BEACH 2.48 8,277 8,482 8,482 SAN LUIS OBISPO 1.57 42.201 42,863 42,863 UNINCORPORATED 2.42 93,681 95,950 103,765 COUNTYTOTAL 2.28 227,801 232,997 241,598 • • (') Exclusions include residents in state mental institutions, federal military installations, and state and federal correctional Institutions. Page 1 May 1, 1999 ATTACHMENT D Enclosure I • • 0 A Price Factor: Article NM B specifies that local jurisdictions select their cost -of -living factor to compute their appropriation limit by a vote of their governing body. The cost of,living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, .the percentage changes to be used in setting the 1999-2000 appropriation limit are: Per Capita Personal Income Fiscal Percentage change Year (FY) over prior year 1999-2000 . 4.53 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 1999-2000 appropriations limit. 1999-2000: Per Capita Change = 4.53 percent Population Change = 1.66 percent Per Capita converted to a ratio: 4.53 + 100100 = 1.0453 1.66 + 100 Population converted to a ratio: 100 = 1.0166 Calculation of factor for FY 1999-2000: 1.0453 x 1.0166 = 1.0627 • RESOLUTION NO. 54-99 RESOLUTION APPROVING PROGRAM SUPPLEMENTS FOR 1998 STATE TRANSPORTATION IMPROVEMENT PROGRAM PROJECTS the CITY COUNCIL City of Morro Bay, California WHEREAS, via adoption of Resolution No. 40-99 on May 24", 1999 the City Council authorized entering into a new Administering Agency - State Master Agreement with the State of California (#000389); and WHEREAS, said Master Agreement specified terms, conditions and obligations for the City to receive funds from the State Transportation Improvement Program (STIP) or other programs; and WHEREAS, one of said conditions states that a project -specific Program Supplement must be executed for each programmed project; and WHEREAS, the City has six Projects programmed for the 1998 STIP, each of which having a state -provided Program Supplement; and WHEREAS, said Projects and their Program Supplement numbers are: Main St.: SR 41 to SR 1 Underpass - (Program Supplement No. 0027) Anchor St.: Main to Madera - (No. 0028) • Main St.: Marina to State Park Road - (No. 0029) Main St.: Surf to Marina - (No. 0030) San Jacinto St.: Main to Ironwood - (No. 0031) Embarcadero: Beach to South - (No. 0032); and WHEREAS, it is in the interests of public health and welfare to pursue these Projects with all due diligence. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that said Program Supplements are hereby approved; and BE IT FURTHER RESOLVED, the Mayor is herewith authorized to execute said documents and such subsequent Project documents as warranted. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 281" day of June, 1999 by the following vote: AYES: Anderson,t.Crotzer, Elliott, Peirce, Peters NOES: None "-"I/1 it ATTEST: (/�bjGER ANDERSON, Mayor • `l\ V BRIDGETT AUER, City Clerk • RESOLUTION NO. 53-99 RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF 20-MINUTE PARKING LIMITATION FOR FOUR SPACES ON FRONT STREET ACROSS FROM 1108, 1124, AND 1130 FRONT STREET, AND EXTENDING THE NO PARKING RESTRICTION ON THE STREET AT THOSE ADDRESSES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Vehicle Code and Chapter 10.36 of the Morro Bay Municipal Code authorize designation of limited time parking and prohibiting of parking on any street within the jurisdiction of the City of Morro Bay; and, WHEREAS, it has been deemed appropriate to designate four spaces on Front Street north of Beach Street for a 20-minute parking limitation, and to extend the no parking zone on the east side of Front Street. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that a 20-minute parking limitation is hereby designated for four spaces on Front Street north of Beach Street as shown in the Exhibit; and, BE IT FURTHER RESOLVED, that the no parking zone on the east side of Front Street be extended along the entire frontage of 1108, 1124, and 1130 Front Street as shown in the Exhibit. • BE IF FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and signs to reflect these parking restrictions and limitations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 28th day of June, 1999, by the following vote. AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETT R, City Clerk 0 GEJCAlgMR5ON, MAYOR II J—S Y�N 9 .C-W • RESOLUTION NO. 52 - 99 RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF MORRO BAY AND PACIFIC GAS AND ELECTRIC COMPANY FOR THE PURPOSES OF THE MAIN STREET BIKE PATH AND BLENDING PIPELINE, PHASE 1 AND FOR QUITCLAIM OF A PRIOR EASEMENT AGREEMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has approved a Project for construction of a bike path and water pipeline in an area owned by Pacific Gas and Electric Company (PG&E); and WHEREAS, the City required modifications to a previously -existing Easement Agreement (recorded as Document No. 98-11772 at the San Luis Obispo County Recorder's Office) to accommodate changes to the Project alignment and incorporation of said pipeline; and WHEREAS, the City and PG&E have reached agreement on the terms and conditions for the modified Easement Agreement, which is intended to supercede and replace said prior Agreement; and WHEREAS, it is in the interests of the public the said modified Easement • Agreement be approved. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve the Easement Agreement with PG&E; and BE IT FURTHER RESOLVED, with approval of said modified Easement Agreement, the City of Morro Bay does quit its claim to the prior Easement Agreement; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute documents on behalf of the City to reflect this action. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 281day of June, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, P NOES: None ABSENT: None ABSTAIN: None ,1ZZ,,� N, Mayor ATTEST: 42; bv.,_U� BRIDGE BAUER, City Clerk • RESOLUTION NO.51-99 RESOLUTION AUTHORIZING AN AGREEMENT WITH SAN LUIS OBISPO COUNTY DIVISION OF ANIMAL SERVICES TO PROVIDE ANIMAL CONTROL SERVICES TO THE CITY OF MORRO BAY FOR THE 1999/2000 FISCAL YEAR THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of contracting for animal control services within its boundaries by the County of San Luis Obispo Division of Animal Services; and WHEREAS, the County of San Luis Obispo is agreeable for providing such services in accordance with the provisions of San Luis Obispo County Code Title 9 and enforcement of the comparable sections contained within Morro Bay Municipal Code Chapter 7; and WHEREAS, the County of San Luis Obispo has submitted a one year contract to provide such animal control services for the City of Morro Bay which includes the operation of an animal shelter, the licensing of dogs, the investigation and enforcement of animal related complaints and animal bites, the collection and care of stray, diseased, deceased and vicious animals; and • WHEREAS, the City of Morro Bay is desirous of entering into a full service agreement designated as "Package D" in such a contract with the County of San Luis Obispo and has budgeted sufficient funds in its 1999/2000 Fiscal Year Operating Budget to cover the cost of such a contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the designated contract agreement attached to the accompanying staff report of this Resolution between the City of Morro Bay and San Luis Obispo County Division of Animal Services is hereby approved and the Mayor is authorized to execute said agreement for the 1999/2000 Fiscal Year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28' day of June, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None tl�&G5- ANDE SON, Mayor ATTEST: • BRIDGETT UER, City Clerk • 1999-2000 Proposed City Contract Packages PACKAGE A BASIC SERVICES/EMERGENCY SERVICES SHELTER PROVISIONS/ANIMAL DISPOSAL The availability of a shelter to provide care for unlimited numbers of stray animals transported by citizens from the city incorporated boundaries. This shall include the administration necessary for surrender of animals at the shelter, the care of animals during the 72 hour hold period, and final disposal of animals through redemption, adoption, or destruction. . 2. ANIMAL BITE INVESTIGATIONS/QUARANTINES The taking of animal bite reports and subsequent investigation and quarantine of bite animals. The keeping of such records and reporting of information to the State Department of Health Services. 3. RABIES CONTROL/SUSPECT RABID ANIMAL HANDLING/TESTING • The response to and attempted capture of suspect rabid wildlife and domestic animals. The destruction of such animals, proper laboratory preparation for rabies testing, transport of tissue to the County Public Health Department for testing, and proper disposal of remains when found to be positive. is 4. EMERGENCY SERVICES The response to and attempted capture of injured domestic animals, transport of and medical aid to animals when needed for stabilization and subsequent sheltering of animal as per provisions stated in shelter services. Response to potentially rabid wildlife and domestic pets when someone is on scene. Response to aggressive animals or animals that have bitten and the owner is not available. Hold animals relative to an arrest or accident. Emergency services shall be provided 24 hours a day, seven days a week. Response to four (4) emergency call outs per year that may fall outside stated criteria and approved by a Watch Commander, Contract Enforcement Committee representative, or Chief of Police. WN-OKw Page 1 Re WnDaM: 10JUM99 Cl PACKAGE B BASIC SERVICES/EMERGENCY SERVICES (A) PLUS CITY DESIGNATED PICK UP LOCATION (B) S. PICK UP OF UNLIMITED STRAY, DOMESTIC ANIMALS FROM ONE DESIGNATED LOCATION The pick up of UNLIMITED numbers of stray, domestic animals from one designated location within the contracting City. The city will be responsible for providing food, water, and cleaning the designated kennels. PACKAGE C BASIC SERVICES/EMERGENCY SERVICES (A) PLUS CITY DESIGNATED PICK UP LOCATION (B) PLUS FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS: DOGS, CATS, OTHER, DOA'S 6. FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS • The response to and pick up of UNLIMITED numbers of stray, confined, domestic animals. The transport and care of impounded animals at the shelter in the basic service package described above. Pick up shall include dogs, cats, other domestic animals during normal hours of operation, including domestic animals dead on arrival. PACKAGE D BASIC SERVICES/EMERGENCY SERVICES (A) PLUS CITY DESIGNATED PICK UP LOCATION (B) PLUS FIELD PICK UP OF DOMESTIC ANIMALS: ,DOGS, CATS, OTHER, DOA'S (C) PLUS CITIZEN COMPLAINTS: BARKING, LEASH LAW, CRUELTY INVESTIGATIONS NUISANCE ABATEMENT/HEARINGS & COURT PROCEEDINGS FIELD ENFORCEMENT: PATROL REQUESTS, CITATIONS 7. CITIZEN COMPLAINTS The processing of citizen complaints, response to complaints, maintaining cumulative records, and action taken on complaints. • [ON ORO.WRD Page 2 Q"Slon Date: 10 June 99 • 8. NUISANCE ABATEMENT/HEARING & COURT PROCEEDINGS The recording, filing, investigation, office hearings, issuance of orders to abate,and processing to court of nuisance abatements through city attorney's offices. E • 9. FIELD ENFORCEMENT Processing and performing patrols within a specified area when requested by a citizen and issuance of citations for violations. 10. COURT FILINGS & Filing dangerous/vicious, cruelty or abandonment cases to court with approval of city attorney's office. Collection of incident reports, photographs, etc. Court appearances and follow up related to these cases. Contract fees shall cover UNLIMITED response by Animal.Services in the performance.of services included within the contract package. Cities shall be billed for the contract fees on a quarterly basis. WN-Ommm Page 3 a Isionwce: swuneen AGREEMENT FOR ANIMAL CONTROL SERVICES This Agreement is made/and entered into this 1st day of July, 1999, by and between the County of San Luis Obispo, hereinafter referred to as "County", and the City of Morro Bay, hereinafter referred to as "City". WITNESSETH: THAT WHEREAS, The City is desirous of contracting with the County for performance of the hereinafter described animal control services within its boundaries by the County of San Luis Obispo through the Division of Animal Services; and WHEREAS, the County is agreeable to providing such services in accordance with the provisions of the San Luis Obispo County Code Title 9 which provides for the licensing of dogs, the establishment of a public pound, and for the collection and care of stray, diseased and vicious animals; and • WHEREAS, the County of San Luis Obispo has established Animal Services to enforce the ordinances of the County Code Title 9 • within the unincorporated areas of the County; and WHEREAS, the City is desirous of contracting for said Animal Control services. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: DEFINITIONS - Used throughout as follows: Aggressive means a dog attacking a human (not dog to dog or dog to .livestock) and the human is in immediate danger of being injured. Household/Domestic Pets or Small Animals means but is not limited to cats, dogs, canaries, fish, hamsters, rabbits, turtles, reptiles and other kindred animals usually and ordinarily kept as household pets. Injured domestic animal means life -threatening (not an abscess or other non emergent condition) to the animal requiring intervention by a veterinarian. Livestock or Large Animals means horses, ponies, mules, cattle, goats, swine and all other domestic or domesticated • animals other than household pets. WN_0RG.WPO Page 4 RMonMh: 10nmN • Small Wildlife means racoons, possums, foxes and other similar sized wildlife. SERVICE PACKAGE OPTIONS: BASIC SERVICES/EMERGENCY SERVICES - are defined as follows: 1). The receipt of household pets delivered to the shelter or at drop off kennels. 2) Sheltering of all household pets received at the shelter in accordance with state regulations, local ordinances, and policies governing humane treatment of such animals. 3) Services for returning impounded animals to their owners, adoption.of or.humane destruction.of animals received or brought to the shelter. 4) Investigation of all animal bites involving humans and the quarantine of biting animals pursuant to state regulations and local ordinances. 5) Investigations of exposures to rabid animals or suspect • rabid animals at large and the quarantine or destruction of animals which were in contact with rabid animals. Emergency and after hour services for any of the following: 6) Severely injured/sick dogs or cats when legal owner unknown or unavailable. 7) Arrest hold animals. 8) Aggressive/Vicious dogs when legal owner unknown or unavailable and reporting party is standing by. 9) Bite dogs/cats when legal owner is unknown or unavailable and reporting party is standing by. 10) Potentially rabid animals including wildlife when reporting party remains on scene. ONE SITE PICK UP OF CONFINED STRAYS - defined as follows: Pick up on UNLIMITED confined strays from one designated location within the contracting city. • FIELD SERVICES - defined as follows: m om.w Page 5 Re IMDam:+olu"9s Response of an Animal Control Officer during regular business hours to pick up any of the following within city limits on an • UNLIMITED basis: 1) Confined stray animal pick up 2) Dead stray animal pick up 3) Owned animal pick up (fee paid by citizen) 4) Owned dead animal pick up (fee paid by citizen) 5) Euthanasia of owned animals (fee paid by citizen) 6) Transportation to veterinarians of owned animal (fee paid by citizen) ADDITIONAL FULL SERVICES - Defined as follows: CITIZEN COMPLAINTS: The fielding, documentation of and response to complaints from citizens including, but not limited to: barking dogs,, leash law violations, animal abandonment, and animal cruelty. NUISANCE ABATEMENT: All activities involved in the processing of nuisance abatement petitions, investigations, orders, • hearings, including preparation for court proceedings when necessary. FIELD ENFORCEMENT: The addition of further field enforcement other than field pick up as described in "FIELD SERVICES" above, but not limited to: random patrol, patrol requests, ordinance violation citations, and agency assists. SERVICES TO BE PROVIDED BY COUNTY: Maintain an Animal Services Division - to provide management and supervision of programs, to maintain records and statistics, and enforce licensing, as established in policy and approved by the Animal Services Contract Enforcement Advisory Committee as defined hereafter. Animal Shelter - maintain, or cause to maintain an animal shelter to provide for the care, housing, and disposal of animals impounded within the city or county or delivered by city or county residents. Specific Agreements - to provide pursuant to specific package contracts with each city. • Operation Permit Services - to provide Permit Services to all citizens of the county regardless of jurisdiction. wx oec.wa" Page 6 RWS]on late: 10 June 99 Licensing - to provide Licensing to all .citizens of the county • regardless of jurisdiction. Humane Education - to provide humane education regarding responsible pet ownership, advantages of spay/neuter, rabies control information, regardless of jurisdiction. Performance Standards - County will provide measurable standards acceptable to contracting city related to service response times, outcomes, and cateaory of contacts. ANIMAL SERVICES CONTRACT ENFORCEMENT COMMITTEE - There shall be an Animal Services Contract Enforcement Committee whose responsibility it will be to review and recommend on all matters of Division policy regarding overall program administration, level and quality of service, budget, and ordinance development and amendments. This. Committee shall be made up of: one representative from each city contracting with the County, one representative from the County Is Veterinarians' Association, one representative from the County Public Health Department, one representative of the Highway Patrol, one representative from Animal Services, one representative of the County Administrative Office, one representative from the Public Health Department Public Information Office, and one representative from the County SherifffIs Department. The Committee shall receive staff support from Animal Services. COOPERATION - To facilitate the performance of the foregoing functions, it is hereby agreed that the County shall have the full cooperation and assistance from the City, its officers, agents, and employees. EMPLOYEE COMPENSATION AND LIABILITY - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in the Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. . INDEMNIFICATION - Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to contract by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law. It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability • occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement. It is mn oac.w Page 7 W w OM: 10Ju 99 also understood and agreed that pursuant to Government Code • 895.4, County shall defend, indemnify and save harmless the City, all officers and employees from all claims, suits or actions of every name, kind and description brought forth or on account of injuries to or death' of any person or damage to property resulting from anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement except as otherwise provided by Statute. It is understood and agreed that neither County nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, City shall defend, indemnify and save harmless the County, all officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise provided by Statute. EMPLOYEE STATUS - All persons employed in the performance of the services and functions specified in paragraph 2 of this Agreement shall be County employees; no present City employee shall become a County employee by reason of this Agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer and the employee engaged in their performance of any service hereunder shall, where necessary, be deemed an officer or employee of City while performing the services for City. PROSECUTION - It shall be the duty of the City Attorney, exercising the discretion vested in his office, to prosecute violations of the City Animal Ordinance, and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. TERM AND RENEWAL - This Agreement shall be effective on the 1st day of July, 1999, and shall be subject to termination by either party upon thirty days advance written notice to the other party. Assuming neither party exercises its right to terminate this Agreement, the Agreement shall terminate on June 30, 2000. CITY NOTIFICATION - no later than May 1 of.each year, each city shall be notified of proposed changes to current service level • charges. The city shall notify the County no later than July 1 WN DRD.W Page 8 R"OOnDR .10Jun999 of their agreement to pay for basic services and other services in each subsection. Attachment A reflects the annual cost. COUNTY BILLING - County shall bill city quarterly for their contracted services. Billing shall be submitted at the end of each quarter. City shall remit payment within thirty days of receipt of billing. MODIFICATION - This contract constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. ORDINANCE CONFORMITY - City agrees to adopt animal control ordinances which conform to and are not in substantial conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City codes may be conducted with the County Division of Animal Service's consultation before adoption. County Division of Animal Services may also make recommendations to City for changes.or modifications to.their City ordinance. BOOKS AND RECORDS - County agrees to keep such books and records and in such form and manner as County Auditor -Controller shall specify. Said books shall be open for examination by City at all reasonable times. • NOTICES - Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the County at: 9 San Luis Obispo Sheriff's Department Animal Services Division P.O. Box 3760 San Luis Obispo, CA 93403-3760 and to the City at: City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 MN-ORGA o Page 9 Rm Stonwcm JOJUM99 IN WITNESS THEREOF, City of Morro Bay resolution duly adopted by • its City Council causes this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed hereto attested by clerk of said: CITY OF MORRO BAY By: ATTEST: By: COUNTY OF SAN LUIS OBISPO City Clerk By. •Chairman, Board of Supervisors ATTEST: By Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: By: County Counsel Date: 0 W„ ox., Page 10 ReAOM JIe: 1eJVne9e E • • SAN LUIS OBISPO COUNTY DIVISION OF ANIMAL SERVICES AGREEMENT FOR ANIMAL CONTROL SERVICES ATTACHMENT A CITY OF MORRO BAY Package A Package B Package C Package D $11,000 $14,000 $15,000 $19,000 City of Morro Bay agrees to contract for service level Wh om.v Page 11 RWSIan a]M: 10 June 99 RESOLUTION NO.50-99 • AUTHORIZATION TO SUBMIT TWO ACTION PLAN DEMONSTRATION PROJECTS TO THE BAY FOUNDATION AND MORRO BAY NATIONAL ESTUARY PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay National Estuary Program (NEP) has authorized funding for Action Plan Demonstration Projects (APDP) which must be completed prior to initiation of the Implementation Phase of the NEP, and; WHEREAS, approximately $26,000 in APDP funds remain unappropriated and the authorization to use these funds will expire upon completion of the Planning Phase, now estimated to be in Fall of 1999, and; WHEREAS, the City of Morro Bay has identified two potential demonstration projects which the City can administer to the benefit of the bay; and, WHEREAS, the Bay Foundation, a local non-profit corporation dedicated to preserving and enhancing the bay and watershed, has offered to be bursar/administrator for said APDP funds so that the NEP staff may concentrate on completing planning stages of the NEP; and, WHEREAS, the City desires to work in partnership with the Bay Foundation on these projects because of the value of the projects and to demonstrate to the community the ongoing benefits of the • NEP; and, WHEREAS, the City must approve and authorize execution of said projects prior to final review and approval of the NEP and the EPA. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Morro Bay does hereby approve submittal for APDP fund grants to the NEP for reimbursement of a boat rinse down /hydrocarbon filter installation at Tidelands Park (Attachment A), and reimbursement of contract costs for a back bay cleanup project (Attachment B). The City Manager or his designee is hereby authorized to execute said Exhibits should the grant be finalized and approved . PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14" day of June 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None D R AND RSON, MAYOR BRIDGETT B UER, CITY CLERK ATTACHMENT A INDEPENDENT CONTRACTOR AGREEMENT is Project: City of Morro Bay Boat Rinse/Hydrocarbon Filter Installation Project Location: City of Morro Bay,/Tidelands Park Foundation Job Number. This Agreement is made and entered into this 12th day of May, 1999 by and between The Bay Foundation of Morro Bay, California, San Luis Obispo County, a California Nonprofit Public Benefit Corporation, through its Baywood Park, Califomia office, ("Foundation") and the City of Morro Bay, Harbor Department "Contractor". The Foundation is a 501(c)(3) corporation. The Foundation manages and administers Morro Bay National Estuary Program ("MBNEP") funds granted to the Program by the U.S. Environmental Protection Agency ("EPA") for the purposes of preparing a management plan for the Morro Bay watershed, and is bursar of said EPA funds. EPA has dedicated $75,000 for Action Plan Demonstration Projects (APDP) in the Morro Bay National Estuary program. As of this date approximately $26,000 of those funds remain unencumbered and available for additional demonstration projects. The Bay Foundation, the Local Policy Committee and the Watershed Committee of the MBNEP have approved four additional APDP projects so that available funds may be used to the fullest extent to benefit the bay and estuary. Contractor enters into the Agreement as, and will remain throughout the term of this Agreement, an independent contractor. Contractor will determine the method, detail and means of performance of the services provided herein. • Foundation and Contractor agree as follows: A. CONTRACTOR SERVICES Contractor agrees to perform the professional services specified in the description of services attached to this Agreement as Exhibit "A" which services shall be performed in conformance with the timeline for the project set forth in Exhibit "B". Exhibits "A" and "B" are incorporated herein by reference. Exhibit "A" shall contain a description of the scope of services to be performed by Contractor, schedule of payments, maximum fee compensation limits to be paid to Contractors for such services, a description of reimbursable costs and maximum limits to reimbursable costs, identify any subContractors or subcontractors to be utilized on the project and include mailing addresses and telephone numbers for each subContractor or subcontractor. Exhibit "B" shall contain a timeline for completion of all services. w Contractor shall submit invoices for services and reimbursable costs to Foundation monthly unless otherwise stipulated in Exhibit "A". Contractor shall be paid at the times and to the extent compensation for Contractor's services is received by Foundation from EPA, with a. reasonable time allowance for accounting purposes. Payments shall not exceed the proportion that the services completed by the Contractor at time of invoicing bears to the total services to be rendered by the Contractor. 9 Contractor shall be paid at the times and to the extent compensation for Contractors services is received by City from EPA, with a reasonable time allowance for accounting purposes. Payments shall • not exceed the proportion that the services completed by the Contractor at time of invoicing bears to the total services to be rendered by the Contractor. C. REIMBURSABLE COSTS: City shall receive reimbursement from Foundation for all payments made by City to Contractors not to exceed $8,000. D. EPA COMPLIANCE: City and Contractor agrees that certain procedures of The Environmental Protection Agency ("EPA") shall be followed in providing services under this Agreement. These EPA procedures are listed below and are available for review at the MBNEP office: In the event of any inconsistency between this Agreement and the EPA procedures, the EPA procedures shall govern. E. GENERAL CONDITIONS FOR CONTRACTORS: Coordination. Contractor shall coordinate with the City and Foundation Project Manager with respect to the Contractor's services. The Contractor shall perform its services in character, sequence and timing so that Contractors services shall conform to the original or revised schedule for the Project (Exhibit B). Copies of all communications by the Contractor in connection with the Project shall be fumished to the Foundation. • 2. Compliance. a. Contractor shall, to the extent required by prevailing standards and practices applicable to Contractor at the time of preparation and as required at the Project location, comply with all applicable laws, ordinances, codes, rules and regulations of all federal, state and local govemmental and quasi- governmental authorities having jurisdiction over the Project. Any corrections which become necessary as a result of the Contractor's failure to comply with these requirements shall be made at the Contractor's expense. b. Should these requirements change after preparation of Contractor's documentation, Contractor shall be responsible for bringing documentation into conformance with same. Contractor may submit proposals for cost of services for such revisions for approval by Foundation as Additional Services, subject to prior written approval by Foundation as a change order to this Agreement. 3. Sealing Documents. Contractor shall have documents stamped by registered professionals, at Contractor's cost, for the disciplines covered in the Contractor's documents, if required by standard practice, by Foundation, or by any governmental agency having jurisdiction over the Project. 4. Independent Contractor. Contractor is an independent contractor, responsible for all methods and means used in performing the Contractor's services under this agreement, and is not an employee, agent or partner of Foundation. 0 5. Taxes. isContractor shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Contractor. 6. Additional Services. Contractor shall not be entitled to receive any extra compensation, for additional services of any kind, unless the same are approved in advance in writing by Foundation . 7. Indemnification. The parties recognize and agree that the NEP Program and Foundation will not control or direct the manner of performance of this contract by Contractor. Contractor agrees to indemnify, defend and hold harmless Program and Foundation and Program's and Foundation's past, present and future officers, directors, shareholders, agents, employees and volunteer workers against any and all liability, loss, claims, demands, costs, damages, attomeys' fees and all other expenses which Program, or Foundation may sustain or incur by reason of, or arising out of the performance of this contract, and/or breach of this contract, including but not limited to sums paid or liabilities incurred in settlement of, and expenses paid or incurred in connection with, claims, suits or judgments, expenses paid or incurred in procuring or attempting to procure release from liability, or in recovering or attempting to recover losses or expenses paid or incurred, as aforesaid. 8. Contractor's Insurance. • a. City shall procure and maintain, in insurance companies authorized to do business in the State of California and, except for policies issued on behalf of underwriters at Lloyds, London, assigned an A.M. Best's rating of no less than A -(IX), the following insurance coverages, written on the ISO form shown below (or its equivalent) at the limits of liability specified for each: Commercial General Liability Insurance $ 1 Million per occurrence (City may substitute proof of pool insurance coverage) Workers' Compensation Insurance Statutory Employer's Liability Insurance. $ 1 Million policy limit b. The insurance policies shall be endorsed to include the following: 1) Foundation shall be named an Additional Insured under ISO Form CG 2010 11/85 or its equivalent on the Commercial General Liability; 2) The coverage afforded Foundation shall be primary and non-contributing with any other insurance maintained by Foundation; and 3) Foundation shall be given an unqualified thirty (30) days advance written notice by the insurer prior to any cancellation of the policy (except in the event of non-payment of premium, in which case ten (10) days written notice shall be given). If not covered separately under a business automobile liability policy, the general liability policy shall also be endorsed to include non -owned and hired automobile liability. • C. Prior to commencing work under this Agreement, City shall provide Foundation with Certificates of Insurance evidencing compliance with the foregoing requirements, accompanied by copies of the required endorsements. Certificates of Insurance shall specify that the insurer shall give Foundation an unqualified thirty (30) days advance written notice by the insurer prior to any cancellation of the policy (except in the event of non-payment of premium, in which case ten (10) days written notice shall be given). d. All coverages required hereunder shall be kept in full force and effect for the term of this Agreement. Certificates of Insurance evidencing renewal of the required coverages shall be provided within ten (10) days of the expiration of any policy at any time during the period such policy is required to be maintained by Contractor hereunder. Any failure to comply with this requirement shall constitute a material breach of this Agreement. 9. Termination. This Agreement maybe terminated by Foundation upon ten (10) days written notice. In the event of such termination, City shall be entitled to receive payment for services performed through the date of termination. 10. Assignment. This Agreement shall not be assigned or encumbered by Contractor. .11. Ownership of Documents. • All instruments of professional service, documentation and data prepared by.Contractor during the performance of this Agreement shall, upon completion of this Agreement, be delivered by Contractor to and shall become the property of Foundation. 12. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: Bay Foundation: Bay Foundation ATTN: Greg Smith, Project Manager PO Box 1020 Morro Bay, CA 93443 Contractors: Land/Sea Interface Williams Shellfish Farms ATTN: Gene Doughty ATTN: Bill Williams 381 South Ct. P.O. Box 103 Los Osos CA 93402 Morro Bay CA 93443 13. Miscellaneous Provisions. Any miscellaneous provisions to this Agreement shall be described in Exhibit "C" and are incorporated herein by reference. • 14. Amendment. • This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties hereto. 15. Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. 16. Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California. Jurisdiction for conflict resolution shall be the County of San Luis Obispo, California. 17. Attomeys' fees. Attoney's Fees; Prejudgment Interest. If the services of an attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of another party to this Agreement, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Agreement or the rights and duties of any person relating thereto, or a proceeding in bankruptcy is necessary to enforce this Agreement or to obtain relief from stay, the prevailing party will be entitled to reasonable attorney's fees, costs and other expenses, in addition to any other relief to which such party may be entitled. Any award of damages following judicial remedy or arbitration as a result of the breach of this Agreement or any of its provisions will include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law. • Post Judgment Attoney's Fees. If the services of an attorney are required by any party to enforce a judgment in connection with this Agreement, the judgment creditor will be entitled to reasonable attorney's fees, costs and other expenses, and such fees, costs and expenses will be recoverable as a separate item. This provision is severable from all other provisions of this Agreement, will survive any judgment, and will not be deemed merged into the judgment. . 18. Arbitration. All disputes arising out of or related to this Agreement, whether in contract or tort, or both, shall be submitted to binding arbitration in accordance with the California Code of Civil Procedure, 1280 through 1294.2. The award of the arbitrator shall be final and may be enforced by application to any court of competent jurisdiction. The parties reserve their right to seek ancillary remedies in a court of law while pursuing arbitration. The arbitration shall take place in San Luis Obispo, California, at a time and place selected by the arbitrator. Before arbitration commences, each party shall pay the arbitrator half of the expected cost of the arbitration. At the conclusion of the arbitration, the arbitrator may award the prevailing party some or all of the arbitration costs. The arbitrator shall retain jurisdiction to hear an application for an award of attorney's fees after rendering of his/her decision in accordance with the same procedure for assessing costs and attorney's fees in a California Superior Court action. The arbitrator shall be selected from the Judicial Arbitration and Mediation Service (JAMS) or similar private arbitration service as the parties may agree within fifteen days of a demand for arbitration or in absence of an Agreement as a court on petition of either party may appoint. The arbitrator shall be a 0 retired California Superior or Appellate Court judge. California law, including Rules of Evidence, shall be applied in the proceeding. • . ' Discovery shall be limited to the issuance of third party subpoenas for business records, one set of requests to produce documents not exceeding fifteen requests. No other discovery shall be permitted. The arbitrator shall, if requested by either party, set a discovery schedule and adjudicate any discovery disputes. The arbitrator shall submit a tentative decision in writing specifying the reason for the decision and any calculations necessaryto explain the award within fifteen days after completion of the arbitration. Each party shall thereafter have five days in which to submit written comments to the tentative decision. Within ten days after the deadline for written comments, the tentative decision shall become final unless the arbitrator announces a revised final decision in response to the comments. BOTH PARTIES ACKNOWLEDGE THAT THEY ARE WAIVING THEIR RIGHT TO A JURY TRIAL AND ARE VOLUNTARILY ENTERING INTO THIS AGREEMENT TO ARBITRATE ALL THEIR DISPUTES. 19. Entire Agreement. This Agreement, together with Exhibits "A" and "B", contains the entire agreement of the parties and this Agreement supercedes any other promises or conditions, whether written or oral. AGREED: By: Foundation: City: Contractors: Date: Bay Foundation President James White City of Morro Bay, Harbor Director Rick Algert Bay Foundation Board Member Greg Smith Williams Shellfish Farms Bill Williams Land/Sea Interface Gene Doughty EXHIBIT A • The City of Morro Bay agrees to install a coin -operated, self-service boat rinse down station at Tideland's park with a hydrocarbon filter on the facility storm drain. City further agrees to pay for one (1) year maintenance contract on the hydrocarbon filter. The project is further defined in the attached memo dated 12 March 1999 from the Morro Bay Chief Harbor Patrol Officer to the City of Morro Bay Harbor Director. Said memo is hereby incorporated by reference. Contractor agrees that is will complete all tasks as outlined in said memo. Foundation agrees to reimburse a portion of City costs in the amount of $3,885.00. • EXHIBIT B Facility shall be operational no later than June 15, 1999. Upon completion, the City of Morro Bay • shall invoice the Foundation for $3,885 grant reimbursement of City costs. Said invoice shall include copies of City purchase orders, if applicable: is 0 interoffice • MEMORANDUM TO: HARBOR DIRECTOR FROM: CHPQ DATE: 12MAR99 RE: TIDELANDS BOAT WASH -DOWN STATION After months of exhaustive research, I have concluded that the Tidelands Boat Wash Down Station will consist of the following steps and costs: 1. The existing three -stall parking off -set across the street from Tidelands will be used for a single pull - through stall. It will drain into the storm drain via a 'fossil filter" hydrocarbon filtration system that will custom -fit into the existing drain vault. The Fossil Filter will also remove any street-bome hydrocarbons - a bonus. I have contacted an outfit in Port Hueneme that is a Fossil Filter dealer and can do the work installing it. 2. We will need to get electrical power from. across the street to the site. Our Public Works Dept. will dig bore pits on each side of the street, and bore a conduit under the street for power. We already have a quote from Harbor Electric to install the electrical portion of the project. That will entail installation of a power panel on the west side of the bore, and tapping off of a PG & E power vault, then pulling electrical service from across the street.through the conduit to the washdown site (Harbor Electric is also planning • on putting some extra electrical outlet capacity on the power panel to accommodate future use of the power for Fourth of July celebrations, etc). 3. Public works will install a water meter near the site. We will get the water to the site. At the site we will pour a concrete pad for the services to come up into. We will have to make a steel pedestal to house the coin meter and associated plumbing, along with the hose bib. We will have to have this fabricated from steel and galvanized, as I can't find a suitable substitute anywhere. Once the pedestal is in place, we will plumb it and Harbor Electric will wire it. • Dig bore pits and bore electrical conduit under road, and tap off of water main and install water meter by Public Works: $900 (City in -kind share). • Installation of electrical by Harbor Electric: $2205. • Purchase of Fossil Filter system: $600. Installation and maintenance for 1 year: $250. Pour pad and fabricate pedestal for coin meter and hose bib: $400. • Purchase of coin -op water meter system: $400. • Misc. Harbor Dept. time & materials (hardware, plumbing, signage etc): $500 (City in -kind share). Total cost to put washdown in place: $5255 • Total grant request: $3855 City in -kind share:. $1400 ATTACHMENT A INDEPENDENT CONTRACTOR AGREEMENT • Project: Removal of Trash, Debris, Abandoned Mooring Block from Back Bay Project Location: Morro Bay Estuay Foundation Job Number: This Agreement is made and entered into this 12th day of May, 1999 by and between The Bay Foundation of Morro Bay, California, San Luis Obispo County, a California Nonprofit Public Benefit Corporation, through it's Baywood Park, California office, ("Foundation") and the City of Morro Bay, a California municipal corporation (City), and: Land/Sea Interface Williams Shellfish Farms ATTN: Gene Doughty ATTN: Bill Williams 381 South Ct. P.O. Box 103 Los Osos CA 93402 Morro Bay CA 93443 ("Contractors") The Foundation is a 501(c)(3) corporation. The Foundation manages and administers Morro Bay National Estuary Program ("MBNEP") funds granted to the Program by the U.S. Environmental Protection Agency ("EPA") for the purposes of preparing a management plan for the Morro Bay watershed, and is bursar of said EPA funds. EPA has dedicated $75,000 for Action Plan Demonstration Projects (APDP) in the Morro Bay National Estuary program. As of this date approximately $26,000 of those funds remain unencumbered and available for additional demonstration projects. Those funds which have not been encumbered by September 30, 1999, shall no longer be available for beneficial APDP projects. The Bay • Foundation, the Local Policy Committee and the Watershed Committee of the MBNEP have approved four additional APDP projects so that available funds may be used to the fullest extent to benefit the bay and estuary. City agrees to act as project administrator and bursar to dispense funds to contractor as work proceeds. Contractor enters into the Agreement as, and will remain throughout the term of this Agreement, an independent contractor. Contractor will determine the method, detail and means of .performance of the services provided herein. Foundation, City, and Contractor agree as follows: A. CITY AND CONTRACTOR SERVICES: Contractor agrees to perform the professional services specified in the description of services attached to this Agreement as Exhibit "A" which services shall be performed in conformance with the timeline for the project set forth in Exhibit "B". Exhibits "A" and "B" are incorporated herein by reference. City agrees to pay contractor for services in an amount not to exceed $8,000 based on invoices. Exhibit "A" shall contain a description of the scope of services to be performed by Contractor, schedule of payments, maximum fee compensation limits to be paid to Contractors for such services, a description of reimbursable costs and maximum limits to reimbursable costs, identify any subContractor or subContractors to be utilized on the project and include mailing addresses and telephone numbers for each subContractor or subContractors. Exhibit "B" shall contain a timeline for completion of all services. B. COMPENSATION: • Contractor shall submit invoices for services and reimbursable costs to City monthly unless otherwise stipulated in Exhibit "A". C. REIMBURSABLE COSTS: Contractor shall be reimbursed at cost for reimbursable expenses stated in Exhibit "A" when • allowed and paid for under The EPA/Foundation AssistanceAgreement. t D. EPA COMPLIANCE: Contractor agrees that certain procedures of The Environmental Protection Agency ("EPA") shall be followed in providing services under this Agreement. These EPA procedures are listed below and are available for review at the MBNEP office: In the event of any inconsistency between this Agreement and the EPA procedures, the EPA procedures shall govern. E. GENERAL CONDITIONS FOR CONTRACTORS: 1. Coordination. Contractor shall coordinate with the Foundation Project Manager with respect to the Contractors services. The Contractor shall perform its services in character, sequence and timing so that Contractors services shall conform to the original or revised schedule for the Project (Exhibit B). Copies of all communications by the Contractor in connection with the Project shall be furnished to the Foundation. 2. Compliance. a. Contractor shall, to the extent required by prevailing standards and practices applicable to Contractor at the time of preparation and as required at the Project location, comply with all • applicable laws, ordinances, codes, rules and regulations of all federal, state and local governmental and quasi- governmental authorities having jurisdiction over the Project. Any corrections which become necessary as a result of the Contractor's failure to comply with these requirements shall be made at the Contractor's expense. b. Should these requirements change after preparation of Contractor's documentation, Contractor shall be responsible for bringing documentation into conformance with same. Contractor may submit proposals for cost of services for such revisions for approval by Foundation as Additional Services, subject to prior written approval by Foundation as a change order to this Agreement. 3. Sealing Documents. Contractor shall have documents stamped by registered professionals, at Contractors cost, for the disciplines covered in the Contractor's documents, if required by standard practice, by Foundation, or by any governmental agency having jurisdiction over the Project. 4. Independent Contractor. Contractor is an independent contractor, responsible for all methods and means used in performing the Contractor's services under this agreement, and is not an employee, agent or partner of Foundation. 5. Taxes. Contractor shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales • taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Contractor. • 6. Additional Services. Contractor shall not be entitled to receive any extra compensation, for additional services of any kind, unless the same are approved in advance in writing by Foundation . 7. Indemnification. The parties recognize and agree that the NEP Program and Foundation will not control or direct the manner of performance of this contract by Contractor. Contractor agrees to indemnify, defend and hold harmless Program and Foundation and Program's and Foundation's past, present and future officers, directors, shareholders, agents, employees and volunteer workers against any and all liability, loss, claims, demands, costs, damages, attomeys' fees and all other expenses which Program or Foundation may sustain or incur by reason of, or arising out of the performance of this contract, and/or breach of this contract, including but not limited to sums paid or liabilities incurred in settlement of, and expenses paid or incurred in connection with, claims, suits or judgments, expenses paid or incurred in procuring or attempting to procure release from liability, or in recovering or attempting to recover losses or expenses paid or incurred, as aforesaid. 8. Contractor's Insurance. a. Contractor shall procure and maintain; in insurance companies authorized to do :business in the State of California and, except for policies issued on behalf of underwriters at Lloyds, London, assigned an A.M. Best's rating of no less than A -(IX), the following insurance coverages, written on the ISO form shown below (or its equivalent) at the limits of liability specified for each: Commercial General Liability Insurance $ 1 Million per occurrence • (If Contractor is a public agency, Contractor may substitute proof of pool insurance coverage) Workers' Compensation Insurance Statutory Employer's Liability Insurance $ 1 Million policy limit b. The insurance policies shall be endorsed to include the following: 1) Foundation shall be named an Additional Insured under ISO Form CG 2010 11/85 or its equivalent on the Commercial General Liabilit; 2) The coverage afforded Foundation shall be primary and non-contributing with any other insurance maintained by Foundation; and 3) Foundation shall be given an unqualified thirty (30) days advance written notice by the insurer prior to any cancellation of the policy (except in the event of non-payment of premium, in which case ten (10) days written notice shall be given). If not covered separately under a business automobile liability policy, the general liability policy shall also be endorsed to include non -owned and hired automobile liability. C. Prior to commencing work under this Agreement, Contractor shall provide Foundation with Certificates of Insurance evidencing compliance with the foregoing requirements, accompanied by copies of the required endorsements. Certificates of Insurance shall specify that the • insurer shall give Foundation an unqualified thirty (30) days advance written notice by the insurer prior to any cancellation of the policy (except in the event of non-payment of premium, in which case ten (10) days written notice shall be given). d. All coverages required hereunder shall be kept in full force and effect for the term • of this Agreement. Certificates of Insurance evidencing renewal of the required coverages shall be provided within ten (10) days of the expiration of any policy at any time during the period such policy is required to be maintained by Contractor hereunder. Any failure to comply with this requirement shall constitute a material breach of this Agreement. 9. Termination. This Agreement maybe terminated by Foundation upon ten (10) days written notice. In the event of such termination, Contractor shall be entitled to receive payment for services performed through the date of termination. 10. Assignment. This Agreement shall not be assigned or encumbered by Contractor. 11. Ownership of Documents. All instruments of professional service, documentation and data prepared by Contractor during the performance of this Agreement shall, upon completion of this Agreement, be delivered by Contractor to and shall become the property of Foundation. 12. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as • follows: Bay Foundation: Bay Foundation ATTN: Greg Smith PO Box 1020 Morro Bay, CA 93443 Contractor: The City of Morro Bay — Harbor Department 1275 Embarcadero Morro Bay, CA 93442 13. Miscellaneous Provisions. Any miscellaneous provisions to this Agreement shall be described in Exhibit "C" and are incorporated herein by reference. 14. Amendment. This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties hereto. 15. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the • remaining provisions shall continue to be valid and enforceable. 16. Law and Jurisdiction. • This Agreement shall be governed by the laws of the State of California. Jurisdiction for conflict resolution shall be the County of San Luis Obispo, California. 17. Attomeys' fees. Attorney's Fees; Prejudgment Interest. If the services of an attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of another party to this Agreement, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Agreement or the rights and duties of any person relating thereto, or a proceeding in bankruptcy is necessary to enforce this Agreement or to obtain relief from stay, the prevailing party will be entitled to reasonable attorney's fees, costs and other expenses, in addition to any other relief to which such party may be entitled. Any award of damages following judicial remedy or arbitration as a result of the breach of this Agreement or any of its provisions will include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law. Post Judgment Attoney's Fees. If the services of an attorney are required by any party to enforce a judgment in connection with this Agreement, the judgment creditor will be entitled to reasonable attorney's fees, costs and other expenses, and such fees, costs and expenses will be recoverable as a separate item. This provision is severable from all other provisions of this Agreement, will survive any judgment, and will not be deemed merged into the judgment. 18. Arbitration. • All disputes arising out of orrelated to this Agreement, whether in contract or tort, or both, shall be submitted to binding arbitration in accordance with the California Code of Civil Procedure, 1280 through 1294.2. The award of the arbitrator shall be final and may be enforced by application to any court of competent jurisdiction. The parties reserve their right to seek ancillary remedies in a court of law while pursuing arbitration. The arbitration shall take place in San Luis Obispo, California, at a time and place selected by the arbitrator. Before arbitration commences, each party shall pay the arbitrator half of the expected cost of the arbitration. At the conclusion of the arbitration, the arbitrator may award the prevailing party some or all of the arbitration costs. The arbitrator shall retain jurisdiction to hear an application for an award of attorney's fees after rendering of his/her decision in accordance with the same procedure for assessing costs and attorney's fees in a California Superior Court action. The arbitrator shall be selected from the Judicial Arbitration and Mediation Service (JAMS) or similar private arbitration service as the parties may agree within fifteen days of a demand for arbitration or in absence of an Agreement as a court on petition of either party may appoint. The arbitrator shall be a retired California Superior or Appellate Court judge. California law, including Rules of Evidence, shall be applied in the proceeding. Discovery shall be limited to the issuance of third party subpoenas for business records, one set of requests to produce documents not exceeding fifteen requests. No other discovery shall be permitted. The arbitrator shall, if requested by either party, set a discovery schedule and adjudicate any discovery disputes. The arbitrator shall submit a tentative decision in writing specifying the reason for the decision and any calculations necessary to explain the award within fifteen days after completion of the arbitration. • Each party shall thereafter have five days in which to submit written comments to the tentative decision. Within ten days after the deadline for written comments, the tentative decision shall become final unless the arbitrator announces a revised final decision in response to the comments. BOTH PARTIES ACKNOWLEDGE THAT THEY ARE WAIVING THEIR RIGHT TO A JURY • TRIAL AND ARE VOLUNTARILY ENTERING INTO THIS AGREEMENT TO ARBITRATE ALL THEIR DISPUTES. 19. Entire Agreement. This Agreement, together with Exhibits "A" and'B", contains the entire agreement of the parties and this Agreement supercedes any other promises or conditions, whether written or oral. AGREED: By: Foundation: Contractor: Bay Foundation President City of Morro Bay, Harbor Director James White Rick Algert Bay Foundation Board Member Greg Smith Date: • 0 • EXHIBITA Contractors agree to provide clean up of trash, Styrofoam debris, abandoned materials, mooring blocks, or junk portions of vessels which are submerged on a time and materials basis at the rates listed below. Contractors agree that individual authorization is limited to $4,000 with prior written approval and that cumulative authorization for services shall not exceed $8,000. City shall pay contractor upon receipt of valid invoice detailing hours worked and equipment time. City shall provide all ancillary shore side services including paying for dump fees, providing equipment and manpower as needed. Upon completion of project, City will detail the City provided 20% cost share including direct cost not including contractor payment and credit for City equipment and personnel at standard City rates. City will then provide Bay Foundation a short, written -report of project results and total costs. City may invoice Bay Foundation, and Foundation will reimburse City for 80% of City's costs on project up to $8,000. Williams Shellfish Farms $15 per hour, per person $25 per hour barge time materials/cost basis (not to exceed $4,000 without prior written approval) Land/Sea Interface $20 per hour, first person $15 per hour, second person $50 per hour barge time materials/cost basis • • EXHIBIT B Project shall be completed 30 working days after execution of this contract but no later than August 31, 1999; item V. City shall submit report and grant reimbursement request to Foundation no later than August 31, 1999. r� • E L� 0 RESOLUTION NO.33-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, on March 10, 1997 the City Council adopted Resolution 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 desires to amend the existing fee schedule to add a new Harbor Department wharfage fee for unloading of kelp or other non -fish products. NOW, THEREFORE, BE IT RESOLVED that retroactive to January 1, 1999 Resolution #19-97 shall be amended to add a wharfage fee of $0.50 per ton for unloading of kelp or other non -fish products at City facilities. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting held thereof on the 26' day of April, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None BRIDGET1013AUER, CITY CLERK E 'A54DERS 6N, MAYOR� MR W!" 01 • RESOLUTION NO.32-99 RESOLUTION ACCEPTING APPLICANT STATUS AND FUNDING FROM THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR THE MORRO BAY HIGH SCHOOL CLASS I BIKEWAY PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Council of Governments is an eligible applicant for Proposition 116 funds per Public Utilities Code Section 99628; and WHEREAS, the San Luis Obispo Council of Governments was the lead agency for the Pacific Coast Bikeway project, programmed for $120,000; and WHEREAS, of these funds, approximately $30,000 was expended to install Pacific Coast Bike Route signs and direction arrows along the route, with the remaining funds having been transferred to the City of Morro Bay; and WHEREAS, the City of Morro Bay is pursuing a Class I Bikeway facility adjacent to the Pacific Coast Bike Route at Morro Bay High School; and • WHEREAS, the City of Morro Bay is the logical lead agency to implement this project. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Morro Bay, California, as follows: The City of Morro Bay hereby accepts eligible applicant status; 2. As Lead Agency, and assuming sufficient funding is available, the City of Morro Bay intends to construct a Class I bicycle facility parallel to State Route 1, at Morro Bay High School, to connect the Cloisters Development bike path and the Main Street bike path; 3. That all funds identified in the project application ($90,000) are committed to the project; ,-od 4. That the City of Morro Bay has the financial and institutional ability to accept legal responsibilities associated with the project; 5. That Proposition 116 funds will not supplant funds previously planned, programmed or approved for the purpose for which Proposition 116 funds were awarded. 0 Resolution No. 32-99 Page Two • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26`h day of April, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None z� ATTEST: Res 32-99/4-26-99 • 11 OD ZER ANDERSON, Mayor • RESOLUTION NO.31-99 RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF MORRO BAY AND DUKE ENERGY MORRO BAY, LLC FOR PURPOSES OF CONSTRUCTING A BIKE PATH AND PUBLIC UTILITY WATER LINE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has approved a project for construction of a bike path and water pipeline in an area crossing property owned by Duke Energy Morro Bay, LLC; and WHEREAS, the City requires changes to the already existing Easement Agreement to allow changes to the alignment of the Bike Path and water pipeline; and WHEREAS, the City requires entry onto Duke Energy Morro Bay, LLC property for the purposes of constructing and maintaining the bike path and water pipeline along the modified route; and WHEREAS, the City and Duke Energy Morro Bay, LLC have reached agreement on the terms and conditions for entry onto the property for the purposes of constructing and maintaining the bike path and water pipeline. • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay, California, does hereby approve the easement agreement with Duke Energy Morro Bay, LLC; and BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized and directed to execute documents necessary to reflect this approval. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 261h day of April, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None i ODCEKANDERSON, Mayor ATTEST: 0 BRIDGE BAUER, City Clerk • After recording, return to: DUKE ENERGY MORRO BAY, LLC P.O. Box 1737 Morro Bay, CA 93443-1737 EASEMENT DUKE ENERGY MORRO BAY, LLC, hereinafter called first party, hereby grants to the CITY OF MORRO BAY, a public body of the State of California, hereinafter called second party, the right to construct, reconstruct, maintain, access and operate, and use a bike path and a public utility water pipeline, and all necessary improvements and appurtenances therefor, hereinafter called "bike path and utility line", together with a right of way and non-exclusive easement, on, along and in all of the hereinafter described easement area lying within first party's lands which are situate in the City of Morro Bay, County of San Luis Obispo, State of California, described as follows: Lot 1, as recorded in document 1998-010270 on February 26, 1998 in the office of the County Recorder. The aforesaid easement area is described on Exhibit "A". Along with a temporary construction easement 20' wide parallel to and along both sides of the • bike path and utility easement. Second party shall indemnify first party, its officers, agents and employees against all loss, damage, expense and liability resulting from injury to or death of persons, including, but not limited to, employees of first party or second party, or injury to property, including, but not limited to, property of first party or second party arising out of or in any way connected with the exercise of the rights herein granted or the use of said easement area including the exposure to electric and magnetic fields, and any loss, damage, expense, or liability proximately caused or contributed to by the negligence, whether active or passive, of first party, excepting only such loss, damage, expense, or liability as may be caused by the sole negligence or willful misconduct of first party. Second party shall construct, reconstruct, maintain, access, operate and use said bike path and utility line, and all necessary improvements therefor, including but not limited to landscaping, fencing, lighting, bridge, drainage facilities, valves, turnouts, thrust blocks, and associated structures at its sole cost and expense. In the event that second party's use of said easement area shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of first party's facilities then existing on said easement area and second party shall notify first party in writing of such necessity, first party shall proceed to effect such rearrangement, relocation, reconstruction or removal and second party agrees to reimburse first party for its actual costs of performing such • work. Second party shall construct and maintain said bike path and utility line within said easement area, (a) so as not to reduce the ground cover over the first party's existing underground pipe • lines below a minimum of 36 inches, (b) with a minimum of 12 inches of vertical clearance, and so as not to reduce the vertical clearance between first party's existing electric transmission lines and the ground thereunder below the minimum requirements set forth in General Order No. 95 of the Public Utilities Commission of the State of California. Second party's contribution of said bike path and utility line shall comply with all fencing and construction requirements as shown on second party's improvement plans entitled Construction Plans for Main Street Bike Path dated July 15, 1998 and as modified by the December 14, 1998 Alignment Revision plan, prepared by North Coast Engineering. Any changes to said improvement plans shall require prior written approval from first party. Second party shall not perform any work hereunder without giving first party at least one week's notice of second party's desire to do so in order that a representative of first party may be present for the inspection and approval of second party's performance of such work. Said notice shall be given as set forth below. Any notice demand or communication shall be in writing and shall be served personally or by depositing the same in the registered or certified United State mail, return receipt requested, postage prepaid and (1) if intended for first party shall be addressed to: Plant Manager Duke Energy Morro Bay 1290 Embarcadero • Morro Bay, CA 93442 and (2) if intended for second party shall be addressed to: Director of Public Works City of Morro Bay 695 Harbor Street 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. Second party shall have the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the installation, maintenance, repair and replacement of said bike path and utility line. Second party agrees that it shall not: a) Permit any use of the easement or said lands contiguous to said easement area in a manner likely to cause injury, damage or an unsafe condition for the general public or the guests, employees, agents and contractors of either party. • b) Permit undue accumulations of garbage, trash, rubbish or any other refuse by the guests, employees, agents and contractors of second party or cause or allow any circumstances or acts on the easement or said lands contiguous to said easement • area by the guest, employees, agents and contractors of second party which will result in pollution of nearby sensitive habitat. c) Permit any use of the easement or said lands contiguous to said easement area by the guests, employees, agents and contractors of second party which will cause a cancellation of any insurance policy covering the easement or said lands contiguous to said easement area, or any part thereof, or any building or improvements thereon d) Permit any activity by the guests, employees, agents and contractors of second party which may be prohibited by any insurance policies covering the easement or said lands contiguous to said easement area, said buildings or improvements. e) Install security devices that prevent reasonable access to the easement or said lands contiguous to said easement area by the first party. f) Permit any use of the easement or said lands contiguous to said easement area which interferes in any way with the operation of Duke Energy's Morro Bay Power Plant. Second party 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 • easement by second party in connection with its business; provided, however, that second party may cease to operate and use the easement at any time and, in such case, second party shall have no future obligation to comply or pay such costs and expenses of compliance except to the extent that second party's use of said easement creates ongoing costs and expenses such as environmental remediation. So long as second party continues to operate and use the easement, second party shall comply with each and every requirement of all policies of public liability insurance which second party is required to have in force with respect to the easement. The judgement of any court of competent jurisdiction or the admission of second party in any action or proceeding against it, whether first party be a party thereto or not, that second party has violated any such ordinance or statute in the use of the easement shall be conclusive of that fact as between first party and second party. Prior to making any alterations to the easement, or said lands contiguous to said easement area, second party shall obtain the approval of the first party. In addition second party will obtain any and all required permits, approvals or authorizations required by all governmental agencies for the proposed alterations or repairs. The easement granted in this agreement is non-exclusive, first party retains the right to grant concurrent easement(s) that do(es) not materially and adversely interfere with second party's use and enjoyment of the easement. In the event that said easement area is no longer used by second party for the purposes herein • state, such easement right herein granted shall terminate upon first party's delivery of written notice to second party. In case any one or more of the provisions contained in this easement 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 the easement, but this easement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. Nothing in this easement shall be construed to create any duty to, any standard of care with reference to, or any liability to any one not a party, except as otherwise expressly provided herein. The words "first party" and "second party" 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 first party and second party, the obligations hereunder imposed upon first party and second party shall be joint and several. This easement shall be interpreted in accordance with and governed by the laws of the State of California. The language in all parts of this easement shall be, in all cases, construed according to its fair meaning and not strictly for or against first party or second party. This easement constitutes the entire agreement between first party and second party with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written. This easement may not be amended or modified in any respect whatsoever except by an instrument in writing signed by first party and second party. • The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF the parties hereto have executed these presents this 26th day of April 119_99 1J First Party: DUKE ENERGY MORRO BAY, LLC By 3•za•4 Steve6 C. 6oschke Plant Manager 9713304.mb Second Party: CITY OF MORRO BAY Accepted: By ZA�ZA lAw* Ro er Anderson M yor By ����-dtARJVt VJ�t� Bridgett B er, City Clerk • E EXHIBIT "A" LEGAL DESCRIPTION BEING IN A PORTION OF LOT 1 IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS RECORDED IN DOCUMENT 1998-010270 ON FEBRUARY 26, 1998 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,BEING A STRIP OF LAND 20.00 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 1, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF HIGHWAY ONE AS SHOWN ON RIGHT-OF-WAY MAP PREPARED BY DIVISION OF HIGHWAYS -DISTRICT 5; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, SOUTH 82°49'41" WEST (SOUTH 81°03'50" WEST PER SAID DOCUMENT 1998-010270) 10.25 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL WITH AND 10.00 FEET WESTERLY OF SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 18023'59" EAST 134.02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 190.00.FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15015'55" AN ARC DISTANCE OF 50.62 FEET; THENCE SOUTH 03°06'40" EAST 9.85 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15015,551, AN ARC DISTANCE OF 50.62 FEET; THENCE SOUTH 18022'36" EAST 55.49 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 190.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09036'54" AN ARC DISTANCE OF 31.88 FEET; THENCE SOUTH 08°45'42" EAST 147.27 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 80.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36028'05" AN ARC DISTANCE OF 50.92 FEET; THENCE SOUTH 45013'46" EAST 40.71 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 23027'06" AN ARC DISTANCE OF 40.93 FEET; THENCE SOUTH 21046'41" EAST 82.27 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14036'31" AN ARC DISTANCE OF 76.49 FEET; THENCE SOUTH 07010'09" EAST 190.68 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 60032'06" AN ARC DISTANCE OF 105.65 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 43053'00" AN ARC DISTANCE OF 76.59 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2709.38 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01033'23" AN ARC DISTANCE OF 73.60 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04011'40" AN ARC DISTANCE OF 7.32 FEET; THENCE SOUTH 29034'18" EAST 21.94 FEET t TO A POINT ON THE NORTHERLY LINE OF LOT 2 AS CONVEYED IN DOCUMENT 1998-010271 ON FEBRUARY 26, 1998 IN THE OFFICE OF SAID COUNTY RECORDER. THE SIDE LINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE AT SAID NORTHERLY LINE OF LOT 2. SEE EXHIBIT JCJHN R. SANDERS PLS 5812 EXP. 06/30/2000 AND MADE A PART HEREOF. /7.9 DATE $ ExP. 6'� •� � No. 5812 171 1 POINT OF COMMENCEMENT -�� POINT OF BEGINNINGEXHIBIT "B" N 1 1\ 1 S c� , N � y LOT 1 1998-010270 LINE TABLE LINE BEARING LENGTH L1 S 82'49'41" W 10.25' L2 S 18'23'59" E 134.02' L3 S 03'06'40" E 9.85' L4 S 18'22'36" E 55.49' L5 S 08'45'42" E 147.27' L6 S 45'13'46" E 40.71' L7 S 21'46'41" E 82.27' L8 S 07'10'09" E 190.68' L9 S 29'34'18" E 21.94' L10 S 83'56'19" E 20.96' CURVE TABLE CURVE DELTA RADIUS LENGTH C1 1515'55" 190.00' 50.62' C2 15,15,55" 190.00' 50.62' C3 09'36'54" 190.00' 31.88' C4 36'28'05" 80.00' 50.92' C5 23'27'06" 100.00' 40.93' C6 14'36'31" 300.00' 76.49' C7 6032'06" '00.00' 105.65' CB 43'S3'00" 100.00' 76.59' C91 01'33'23" 2709.38' 73.60' clol 0411'40" 1 100.00' 7.32' 20' —" Z Z ti \ \ \ LOT 2 , , L10 1998-010271 • RESOLUTION NO.30-99 RESOLUTION OF THE CITY OF MORRO BAY, INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) WHEREAS, the City Council has placed certain conditions on the development of Tract 1996, "The Cloisters," requiring formation of a property Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a public park, bicycle pathway, right-of-way landscaping, coastal access ways, ESH restoration area, and other common area improvements to be held by or dedicated to the City of Morro Bay as required by City Ordinance; and, WHEREAS, these conditions are more specifically identified in Vesting Tentative Tract Map (condition l0e) and Precise Plan (condition 2c) as required by City Ordinance; and, • WHEREAS, the Owners of the real property within the proposed district have consented in writing to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.), and are the only owners of property to be subject to assessments within the district; and, WHEREAS, the Owners of real property within the proposed district have offered to dedicate in fee and in perpetuity, Lot 121 (Parcel 1) and Lot 122 of Tract 1996, and the City has agreed to accept said Offer of Dedication, provided that the cost of maintenance of thereof shall be borne by an assessment district as required by the Conditions of Approval of the project; and, WHEREAS, one hundred percent (1001/6) of the property owners approved formation of the district to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act XIII C & D). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to levy and collect assessments pursuant to the "Landscaping and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) 0 • Resolution No. 30-99 Page 2 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and Highways Code Section 22525 which are installed by the developer as a condition of approval of Tract 1996 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the Cloisters Project as approved by the City. 3. The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo. A map showing the boundaries of the proposed District is attached as Exhibit "A" which is hereby incorporated herein. �v h 4. An Engineer's Report will be prepared for consideration at the May 24, 1999 City Council meeting. 5. This District shall be called the "Cloisters Landscaping and Lighting Maintenance Assessment District". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular • meeting thereof held this 26' day of April, 1999 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None �V VI(O ER ANDERSON MAYOR ATTEST: 1 a .. t � CITY CLERK 0 TPOB PARCEL 1 Most northerly corner of Lot 122 of Tract 1996 0 0 0 0 ..n N v 1- = 400' Cat .a W U a I a m o Pa. E- �nnn . V a 1J Q d Ell tl H � �� A • RESOLUTION NO. 29-99 RESOLUTION OF THE CITY OF MORRO BAY, INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTION 22500 ET SEQ.) WHEREAS, the City has placed certain conditions on the development of Tract 2110 "North Point," requiring formation of a property Landscaping and Lighting Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a natural area, parking lot, landscaping, decomposed granite and asphalt walkways, and coastal access stairway and other common area improvements to be held by or dedicated to the City of Morro Bay as required by the Morro Bay Municipal Code 16.16.030; and, WHEREAS, these conditions are more specifically identified in the Precise Plan (condition F 1-177); and, • WHEREAS, the Owners of the real property within the proposed district consented to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22608.2 et seq.), and are the only owners of property to be subject to assessments within the district; and, WHEREAS, the Owners of real property within the proposed district offered in fee and in perpetuity, Lot 11 of Tract 2110, and the City has agreed to said Offer of Dedication, provided that the cost of maintenance of thereof is borne by an assessment district as required by the Conditions of Approval of the project; and, WHEREAS, one hundred percent (100%) of the property owners approved formation of the District to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act XIII, C & D). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: The City Council of the City of Morro Bay hereby declares its intent to initiate the proceedings to levy and collect assessments pursuant to the "Landscaping and Lighting Act of 1972". (Streets and Highways Code Sections 22500 et seq.) 0 • Resolution No. 29-99 Page 2 The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and High ways Code Section 22525 which are installed by the developer as a condition of approval of Tract 2110 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the North Point Project as approved by the City. The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo. A map showing the boundaries of the proposed District is attached as Exhibit "A" which is hereby incorporated herein. 4. An Engineer's Report will be prepared for consideration at the May 24, 1999 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 261 day of April, 1999 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters • NOES: Elliott ABSENT: None D R AND RSON MAYOR ATTEST: BRIDGET BAUER CITY CLERK u Wlh ncium29A9 • "E -SnIT A" CITY OF MORRO UAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM POINT NATURAL 7O = COUNTY ASSESSORS PARCEL NUP12ER TRACT • RESOLUTION NO.28-99 ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 34W FROM JOHN M. HERBEL, ROBERT V. HERBEL, JANICE H. MEYERS-MILLER AND JANE WILLIAMSON TO THE MARASLEK PARTNERSHIP 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 34W; and, WHEREAS, John M. Herbel, Robert V. Herbel, Janice H. Meyers -Miller and Jane Williamson are the lessees of said property; and, WHEREAS, the lessees of said property have requested that the lease agreement for Lease Site 34W be assigned to the Maraslek Partnership; and, WHEREAS, the Maraslek Partnership has submitted financial documents and background information; and, WHEREAS, the City cannot arbitrarily withhold approval of lease assignments. NOW THEREFORE, BE IT RESOLVED by the CityCouncil of the City of Morro Bay that •the City Council consents to the assignment of Lease Site 34WfromJohn M. Herbel, Robert V. Herbel, Janice H. Meyers -Miller and Jane Williamson to the Maraslek Partnership. BE IT FURTHER RESOLVED that the assignment of Lease Site 34W is contingent upon City Attorney review and approval of final assignment and assumption documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of April 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None L* BRIDGE AUER, CITY CLERK .40 �T•jj D SON.• •� 3, City of Morro Bay � HARBOR DEPARTME14T - 1279 EMBARCADERC, MORRO BAY. CAUFORNIA 9344.2 . 805.772.6254 APPLICATION APPLICATION FOR A1M MMMI IT OR ASSIGNMEW OF CITY LEAS$ AGREFAWM Ode APPROVAT. 08 SUBLF-ASES TO CITY LEASE ACAREUMT T4 be WGUActcd and nautmad to the Hubdr Of& LEASE SITE Bb 3 4 W Walton/Herbel Lestxe (piease With 1203 Main St. Mailing Address Morro Bay, CA 93442 Stain Zip . APPLICATION FM- 5266.76 Business Now 772-1201 Tciepboaw REQUM. Brisl4r describe the specific mature of the appraval regnested. Lessee has sold the underlying property and is recjuesting appr�yal_ of the assignment of the lease to the buyer. The buyer is currently the sole'shareholder of the corporation that is the Lessee of Lease Sites No. 30W-30_W�next to this 'Lease Site. A l I Y 1 r SEE RE VERSE l/JLDate I Thc frty of Marro Ray it dedicated to the t#asarvatmm and rhhaact.ment of ottr quality of 14fe. and strives to provide 21r •da 4yiLJ�S'dNInIClpal servIce and safety certsiiMr. •�"� +� �•a ave to the needs of the pYb11c. ,a91��tf 0_G O i7IHJ WeGe:4 6E6t'U'93-4 1sWff,T, 1 eW 544 1021 TO, M5 927 2829 P01 •201 Main St. Morro Bay, CA 93442 City of Morro Bay Harbor Department 1275 Embarcadero Morro Bay, CA 93442 RE: Assignment of Lease M34W Current Lessee: WaltonJHerbel (Janice Miller) Assignee: The Marsalek Partnership To Whom It May Concern: The proposed Assignee, The Marsalek Partnership, is the sole shareholder of Morro Bay Fuel Dock, Inc., which is the Lessee of the City's Lease Sites 30W-33W. The Assignee proposes to continue the use of the property it has purchased as rental property, and to consolidate Lease Sites 30W-34W for use by Morro Bay Fuel Dock. The Assignee has operated the fuel dock business since July of 1998, servicing the fishing industry and leisure boat owners while making improvements to the existing facilities. is The Assignee has owned and maintained rental property in San Luis Obispo County, and individual partners have done so for many years. The family has operated three successful cattle ranches on the Central Coast for several generations. Other family businesses have included electrical contracting and demolition. Even before the purchase of the Morro Bay Fuel Dock, Inc., stock, the family had subcontracted with the Morro Bay Harbor Department for the removal of junk boats. The Assignee's available abilities and expertise include quality historic restoration, which family members performed and supervised on the 1890's Victorian home at 497 Islay in San Luis Obispo, as well as construction and demolition skills for repairing or replacing dock structures. As this letter shows, the Assignee has the background, abilities and experience that qualify it to assume the duties and obligations of the current Lessee. Thank you for your consideration. Edward Molinari Contact for The Marsalek Partnership 0 ASSIGNMENT AND ASSUMPTION OF LEASE • THIS AGREEMENT is made this lgth day of March, 1999, by and between laaioe Meyers Miller, on behalf of the Walton/Herbel Leave Site No. 34W (hereinafter referred to as "Assignor') and The Marsalek Partnership, a California Limited Partnership (hereinafter referred to as "Assignee"). RECITALS WHEREAS, the City of Morro Bay is the Lessor of certain real property on the Morro Bay waterfront, described as Lease Site 34W; and WHEREAS, Assignor is the Lessee of the above -described Lease Site pursuant to a Lease executed by and between Assignor and the City of Mono Bay, a true and correct copy of said Lease being attached hereto and incorporated herein by reference as Exhibit "A% and WHEREAS, Assignor now desires to assign the Lease to Assignee, and Assignee desires to accept the assi.;nrrtem thereof; NON, THEREFORE, Assignor and Assignee hereby agree as follows: For value received, receipt of which is hereby acknowledged, Assignor hereby assigns and transfers to Assignee all of Assignor's right, title and interest in and to the Lease described above, and Assignee hereby agrees to and does accept the Assignment, and Assignee expressly assumes and agrees to keep, perform and fulfill all the terms, covenants and conditions, and obligations, required to be kept, performed and fulfilled •by assignor as Lessee thereunder, Thii Agreement shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest and assigns, Thii Assignment is expressly conditioned upon the approval of Lcssor as evidenced by a Resolution of the Cit" Council of the City of Morro Bay. Executed at Morro)ay, California, on the day and year first written above. lanicC Meyers i ter _ � �c��/ on Behalf of the Walto Herbel Lease Site No. 34W Ass ignee: Tht: Marsalek Partnership, a Limited Partnership By: R. .Coast, C, eral Partner By! Anna M. MarsaleU., Mem er 10d :Ol T20T tog see T 00:T1 fib. 8T 21dW RESOLUTION NO. 27-99 • A RESOLUTION APPROVING AN APPLICATION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT, AND APPROVING ALLOCATION OF IN -LIEU HOUSING FUNDS FOR THE LOCAL LEVERAGE TO THE PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, on February 8, 1999, a public hearing was held to discuss the community's needs and the proposed 1999 Community Development Block Grant (CDBG) program; and WHEREAS, at that meeting, the need for new housing units affordable to low income households, to be owner -occupied, was identified as a continuing need in the community that could be addressed through use of CDBG funds; and WHEREAS, at that meeting, representatives from Habitat for Humanity expressed a desire to make an application on the City's behalf for CDBG grant funds to purchase several parcels within the City for the construction of new single family residences to serve low income • households; and WHEREAS, the City, in recognition of the need for long term affordable housing, will contribute local leverage to the proposed program by allocation from the City's in -lieu housing fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California as follows: 1. That the City Council has reviewed and approves the application for $120,000 for land acquisition for the construction of two new affordable houses for low income households, and $9,000 for general administration; and 2. If the grant application is approved, the City will provide local leverage from the in -lieu housing fund for the proposed new houses intended to be owner occupied; and 3. That the City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application; and 4. If the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any amendments thereto with the State of California for the purposes • of this grant. City of Morro Bay City Council Resolution No. 27-99 1999 CDBG General Allocation • Grant Application Page 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, on the 12th day of April, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: ATTEST: 1 � BRIDGETT(AAUER, M:I/5A91S:WSOFFICE\WINWOMTI NABLD�-ORDV 27-99. DOC J SIR ' •R ANDERSON, STEPHEN.R.MCGRATH 805 544 5462 P.02 • Application Summary Form 1999 CDBG-G/NA PgART A:.:`APPLdCANT , :...•.':s,'._...:-�..1ni�'_;YY,:$,,,}z=`= ::zai� x�.,r.r-a±�t:.���,� '.r. a: a� y-.'�"f.,ad.•::. . Applicant: ® City of _MORRO BAY located in the County of SAN LUIS OBISPO O Counn• of Total amount of funds requested S t 9 p oy Official authorized to sign the Grant Agreement per the Resolution: Name (Last) (First) COLE DAVID J. Title CITY MANAGER Mailing -Ad dress- (Street or P.O. Box) (City) (State) (Zip) 595 HARBOR ST. MORRO BAY CA 93442 Staff Contact Information: Name.. (Last) (First)' • NAUMAN SHAUNA Title - — -- - - INl'ERIM PLANNING AND BUILDING DIRECTOR Mail_in.g Address (Street -o--—_x_._ ... ..... (City) - (State) (Zip) 595 HARBOR ST MORRO BAY CA 93442 Telephone Number Fax Number E-Mail Address (805) 772-6261 (805) 772-6212 Consultant/Other Public Agency Contictlnfoimafion::- Name (Last) (First) M -r 6,-CATIA Sao Go"a + - , 4-,�3 t-TA rJ ► � "1 _ Mailing Address (Street or P.O. Box) (City) (State) (zip) Po &O)<— 613 S L,ws 691seo (A g3y-0-?,--- 7 Telephone Number Fax Number E-Mail Address • (�S> ��I � 0�d ($US) !i�'(- 03d !n�-Ltsldc.o e slu dry, 10 STEPHEN.a.MCGRRTH 805 544 5462 P.03 • On Applicant's Own Behalf O Joint Application -XlFor One Funding Cycle O For Two Funding Cycles For Funding from the: A General Allocation O Native American Allocation W Name of non -Federally recognized tribe . The Native American population within the target area exceeds 5 1 % of the target area, which is known as (enter the name of the rancheria or neizbborhood) 1. Do you have any CDBG General Allocation grants for the years 1995, 1996, or 1997? O Yes. O No. continue to question #2 below 2. If funded from this application, how will you administer the grant? You must attach supporting documentation for this part of the application. With in-house staff only. (Attach resumes and duty statements of staff who will be performing the work) • O With consultant services only. (Attach a letter of interest from a consultant that includes brief resumes of experience administering CDBG projects. Neighboring jurisdictions who have previously administered a CDBG project are considered consultantsfor purposes of this question.) bIl i6ome combination of in-house and consultant services. Describe below. (Attach resumes, V duty statements, letter, etc. as indicated above.) 0 Member of the Assembly State Senator 1. District No. 18 Member of Congress 1 District No. 23 1. District No. 2. Name: 2. Name: 2. Name: ABEL MOLDONADO JACK O'CONNELL LOIS CAPPS 3. Capitol Room 4: 3. Capitol Room n: 3. Office Bldg. And address: 1118 LONGWORTH HOB 4017 5035. WASHINGTON, DC 20515 1. District No. 1. District No. 1, District No. 2. Name: 2. Name: 2. Name 3. Capitol Room #: 3. Capitol Room #: 3. Office Bldg. and address: STEPHEN.A.MCGRRTH 805 544 5462 P.04 • PART B. FUNDING & PROJECT INFORMATION Activity Requested Amount - 1. General Administration (limited to 7'1:% of $ $9,000 total amount requested) 2. Housing - New Construction $ $ $120,00Q Owner -Occupied Renter -Occupied $ Activity delivery Total $ 3. Housing - Acquisition $ $ Owner -Occupied Renter -Occupied $ Activity delivery Total $ $ $ Owner -Occupied 4. Housing - Rehabilitation Renter -Occupied $ Activity delivery Total $ $ 5. Community Facilities $ Activity delivery • Total $ 6. Public Services $ Activity delivery Total $ 7. Public Works $ Activity delivery Total $ 8. Complementary 10% Activity Set -aside (May $ not exceed 10% of activity dollars) TOTAL $ $129,000 • STEPHEN.R.MCGRATH $05 544 5462 P.05 • Census Data 1. Proposed Activity (enter name of activity from above` HOUSING, NEW • ._ _ 1S: CONSTRUCTION a$( Jurisdiction -wide O Target Area O Enter Census Tract data: O Enter Block Group data (only for Target Area projects): 2. Proposed Activity (enter name of activity from above) is: O Jurisdiction -wide O Target Area O Enter Census Tract data: O Enter Block Group data (only for Target Area projects): I Proposed Activity (enter name of activity frnrn ahnvPl • • O Jurisdiction -wide O Target Area O Enter Census Tract data: O Enter Block Group data (only for Target Area projects): Income Group ,. Activity % and Above (Non-TIG) B. BetweenSl%9-80% C. Below 50%(LTIG) (TIG) (There must not be a zero iuthis jA8 l # of (2) Total # of (1) Total # of (2) Toa1 # section.) (1) Total # of (2) Tclal it' lds/projects persons to householdsPmiem of persons househol ds/projear ofpetfaet Housing -New benefit tO benefit to bens�ui Construction #owner -occupied! 2 2 8-10 #renter -occupied_ Housing - Acquisition #owner -occupied_ #renter -occupied_ Housing - Rehabilitation #owner -occupied_ #tenter -occupied Community Facilities Public Services Public Works 10% Set aside ` STEPHEN.A.MCGRRTH 805 544 5462, PART C. EII� ROGRAJNcoN.IE`; •I. Will Program Income be used with this grant for a different activity than the one application? • 0 ANo, stop here O Yes: enter amount you expect to use: Check which National Objective will be met by this activity: O Targeted Income Group benefit O Slums and Blight Briefly describe the activity(ies) proposed to be funded by Program Income: P.06 O Urgent Need 2. Enter the total amount of uncommitted program income on account locally as of March 31, 1999: D - OMCIAL(S) AUTHHORMED TO SMNUT APPUCATION�;; 1. Name (Print) Title Signature Date 2. Name (Print) Title Signature Date • RESOLUTION NO.25-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA URGING THE STATE LEGISLATURE AND THE GOVERNOR TO APPROVE RESTORING PROPERTY TAXES PREVIOUSLY TAKEN AWAY FROM THE CITIES AND COUNTIES TO BE USED FOR LOCAL GOVERNMENT NEEDS (ASSEMBLY BILL 1195) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State of California, in order to deal with its own budgetary shortfalls, took property tax revenue away from general purpose local government units (counties and cities) in fiscal years 1992 through 1994; and WHEREAS, since that time most units of local government have had a more difficult time delivering services to their citizens, including public safety and in building and rehabilitating needed public facilities because of this loss of revenue; and • WHEREAS, most local government jurisdictions have had a very difficult time constructing and maintaining their street and road systems due to insufficient funding for this purpose; and WHEREAS, most units of local government have had to use available general funds for critically needed public services such as police and fire, which has resulted in the neglect of maintaining our public facilities and infrastructure and, in doing so, has contributed to a deteriorated condition of our streets and roads; and WHEREAS, units of California local government will continue to see the further deterioration of their facilities and infrastructure and, particularly, streets and roads, unless additional funds are made available for this purpose; and WHEREAS, this matter is of great urgency for the units of local government and is of the highest public interest both to people residing within cities and counties, and, therefore, to the citizens of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that we urge the Governor and the Legislature of the State of California to move forthrightly and expeditiously to restore property taxes previously taken from the cities and counties to meet local needs; • AND BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay expresses its support for Assembly Bill 1195. • Resolution No. 25-99 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of April, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None •�ER ANDERSON, ATTEST: • BRIDGETT UER, City Clerk 0 i RESOLUTION NO.45-99 RESOLUTION AMENDING RESOLUTION NO. 110-98 AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT FOR AN INTERIM PUBLIC SERVICES DIRECTOR THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay City Council adopted Resolution No. 110-98 authorizing the City Manager to enter into an agreement for Interim Public Works Director for the purpose of assisting with the implementation of the City's organizational restructuring plan; and WHEREAS, the City entered into an agreement with Robert E. Hendrix for this purpose; '4 WHEREAS, additional time is needed to complete the restructuring plan beyond the initial six month authorization period; and • WHEREAS, it is desired to change the title of the position from Interim Public Works Director to Interim Public Services Director in recognition of the combined departments of Public Works and Planning & Building. NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to execute a renewed agreement with an Interim Public Services Director, not to exceed $50,000, subject to the development of mutually acceptable terms and subject to approval as to form by the City Attorney. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 241 day of May, 1999 on the following vote: AYES; Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ATTEST: AtitJ2il� BRIDGE AUER, City Clerk 6 • 11 RESOLUTION NO.44-99 A RESOLUTION AWARDING CONTRACT FOR INVITATION TO BID NO. PW 99-02 TO PURCHASE ONE (1) NEW 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 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 one (1) new trolley; and WHEREAS, the City of Morro Bay was notified in March 1998 that it would be awarded a $80,000 Section 5311 Discretionary Grant for the purchase of said trolley; and WHEREAS, in April 1998 the City submitted a grant application to the San Luis Obispo Air Pollution Control District for a Motor Vehicle Emission Reduction (MOVER) grant for the purchase of one (1) new trolley; and WHEREAS, the City of Morro Bay was notified in July 1998 that it would be awarded a $10,000 MOVER grant for the purchase of said trolley; and WHEREAS, the City of Morro Bay has local matching funds available in its Transit Budget in the amount of $20,000 for the purchase of said vehicles and trolley; and WHEREAS, the City of Morro Bay disseminated Invitation to Bid No. PW 99-02 in April 1999 to thirteen trolley manufacturers around the country; and WHEREAS, pursuant to Section I, Item 6 of the General Bidders Conditions and Instructions, Molly Corp. was deemed the lowest responsible and responsive bidder. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council award Invitation to Bid No. PW 99-02 to Molly Corp. to purchase one (1) new ADA accessible trolley in the amount of $100,004.63. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24' day of May 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anderson, Crotzer, Elliott, Peirce, Peters None None None ATTEST: BRIDGET78AUER, City Clerk AA/a, // a �� RESOLUTION NO. 43-99 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the Cloisters subdivision requested the City of Morro Bay form a maintenance assessment district to fund the maintenance of the Cloisters Park and Open Space; and WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and WHEREAS, pursuant to Section 22623 of the Act, the Engineer has filed in the Office of the City Clerk, and submitted for review to the City Council, a report entitled "Engineers Report - Cloisters Landscaping and Lighting Maintenance Assessment District", May 18, 1999, prepared in accordance with Article 4 of the Act, commencing with Section 22565; and • WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by City Ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the Cloisters Park and Open Space; and WHEREAS, pursuant to the intent of Article XIII, Section 4, of the California Coristitution, the property owners have elected to form the Cloisters Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held June 28, 1999 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the Cloisters Park and Open Space are specified in the Engineer's Report dated District May 18, 1999, which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $148,944 or $1,241.20 per assessable parcel for fiscal year • 1999-00. RESOLUTION 43-99 PAGE • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 24th day of May, 1999 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None XODGGIR ANDERSON, MAYOR ATTEST: BRIDGET AUER, CITY CLERK u.council.resU-99 • • 0 Attachment A May 1999 CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MAINTENANCE COSTS 1998/99 Costs incurred from January 26, 1999 through April 30, 1999 (where indicated, some costs are projected out through June 30, 1999) Personnel Services (costs projected through June 30, 1999) Director $ 1,607.00 Lead worker $ 3,558.00 Maintenance Worker II's $27,264.00 Sub -total personnel services $32,429.00 Equipment Time Truck for leadworker (projected through June 30, 1999) $ 804.96 • Flail mower (to date) $ 167.70 4 x 4 Jacobson vehicle (projected through June 30, 1999) $ 1,744.00 Sub -total for equipment time $ 2,716.66 Supplies (These are actual costs, additional costs will be incurred from May 1 through June 30, 1999) Uniforms/safety equipment Grounds maintenance supplies Small tools Sub -total for supplies $ 192.00 $ 4,914.92 $ 3,112.85 $ 8,219.77 Services (These are actual costs, additional costs will be incurred from May 1 through June 30, 1999) Other professional services $ 2,574.39 Electricity $ 668.59 Water $ 207.20 Outside equipment repair and maintenance $ 207.00 Engineering services Not available General liability Not available • Property damage insurance Not available Vehicle insurance Not available • Cloisters Cost F.Y. 1998/99 Page 2 Sub -total for services Capital Outlay Trucks Sub -total for Capital Outlay Total for maintenance of the Cloisters Park and Open Space (34 acres) from January 26 through April 30, 1999 u.word.wuncil. cloact98-01 C J 0 $ 3,657.18 $ 5,000.00 $ 5,000.00 $52,022.61 SNI ST EXHTRTT A CZ • 00 44) C) 0 AZURE ST .4 "a tr Yr �i M 19ClLMSI-S90 m � � q —a� � 2 �\ O § A' �. . # GAUFOR § � \ �y � �2 co! & ` We k � C }-_ �\�k • � � � � - �• -mill #�(� 2!, ID b i . l/j�^b�14 v' V. nu all coo V u _ (w � a • m �� l�J/P 8 Qn 4 1y b ,_ a B w A H Y 8ki{� a b 7 y �'^` t� Q; ,p1 C� rb • b � Chi s^ •3,` r �F Y b A + to q O) i �m V o d ^�,g� V�e�9, L4�" 6 � y �^y" B w b E y A �Y 8 NF r VJ oC N f w LmNn vl 1 //�W//y�0 ���m0 W CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT • Reviewed and Approved By: 6 Lawrence McPherson Interim Staff Engineer RCE 21157 Prepared By: Andrea . L eker Director, Recreation and Parks Department City of Morro Bay May 15, 1999 • CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT I. Project Description As a condition of approval for Tract 1996, the Cloisters subdivision, the developers were required to offer to the City for dedication Lots 121 and 122 of the subdivision for park and open space purposes. The developer was also required to construct improvements on Lots 121 and 122 which included a park, bicycle pathway, right of way landscaping, irrigation, wetland, signage, interpretive panels, information kiosks, bridges, lookout pier and other improvements. The subdivision was also conditioned to provide maintenance of the park and open space by establishing an assessment district. Lot 122 (now called • Parcel 1 as a result of a Lot line adjustment) and Lot 121 is identified as Cloisters Park and Open Space. The owners of the 120 residential lots within the Cloisters subdivision have requested that the City form a maintenance assessment district to fund the maintenance of the Cloisters Park and Open Space. II. Maintenance Tasks A list of maintenance tasks required to maintain the Cloisters Park and Open Space in acceptable condition for public use was developed by the City Recreation and Parks Department based on maintenance standards established for existing parks within the City and is included in this report as Attachment A. III. Maintenance Costs The estimated annual cost of maintaining the Cloisters Park and Open Space was developed by the Recreation and Parks Department based on the tasks required and the City's Flat Rate Manual for Parks Maintenance. The annual cost of maintenance for the 1999-00 fiscal year is estimated to be $148,944. The detailed cost estimate is included in this report as Attachment B. 0 is 0 CITY OF MORRO BAY CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Table of Contents Page I. Project Description 1 II. Maintenance Tasks 1 III. Maintenance Costs 1 IV. Apportionment of Assessment 2 Assessment Diagram 3 Maintenance Task List Attachment A Detailed Cost Analysis Attachment B • IV. Apportionment of Assessment • u The total assessment for the District is apportioned to each of the one hundred and twenty residential lots equally. Lots 121 and 122 (Parcel 1) Cloisters Park and Open Space, Lot 124 (dedicated for a fire station) and Lot 123 (now Parcel 2) was offered to the State: are not assessed. Individual assessments are listed in the following table: Parcel/Assessment Table Lot Number County Assessor's Parcel Number Annual Assessment 1 065-387-001 $1,241.20 2 065-387-002 $1,241.20 3 065-387-003 $1,241.20 4 065-387-004 $1,241.20 5 065-387-005 $1,241.20 6 065-387-006 $1,241.20 7 065-387-007 $1,241.20 8 065-387-008 $1,241.20 9 065-387-009 $1,241.20 10 065-387-010 $1,241.20 11 065-387-011 $1,241.20 12 065-387-012 $1,241.20 13 065-387-013 $1,241.20 • • Lot Number County Assessor's Parcel Number Annual Assessment 14 065-387-014 $1,241.20 15 065-387-015 $1,241.20 16 065-387-016 $1,241.20 17 065-387-017 $1,241.20 18 065-387-018 $1,241.20 19 065-387-019 $1,241.20 20 065-387-053 $1,241.20 21 065-387-054 $1,241.20 22 065-387-055 $1,241.20 23 065-387-023 $1,241.20 24 065-387-024 $1,241.20 25 065-387-025 $1,241.20 26 065-387-026 $1,241.20 27 065-387-027 $1,241.20 28 065-387-028 $1,241.20 29 065-387-029 $1,241.20 30 065-387-030 $1,241.20 31 065-387-031 $1,241.20 32 065-387-032 $1,241.20 33 065-387-033 $1,241.20 34 065-387-034 $1,241.20 35 065-387-035 $1,241.20 Lot Number County Assessor's Parcel Number Annual Assessment 36 065-387-036 $1,241.20 37 065-387-037 $1,241.20 38 065-387-038 $1,241.20 39 065-387-039 $1,241.20 40 065-387-040 $1,241.20 41 065-387-041 $1,241.20 42 065-387-042 $1,241.20 43 065-387-043 $1,241.20 44 065-387-044 $1,241.20 45 065-387-045 $1,241.20 46 065-388-001 $1,241.20 47 065-388-002 $1,241.20 48 065-388-003 $1,241.20 49 065-388-004 $1,241.20 50 065-388-005 $1,241.20 51 065-388-006 $1,241.20 52 065-388-007 $19241.20 53 065-388-008 $1,241.20 54 065-388-009 $1,241.20 55 065-388-010 $1,241.20 56 065-388-011 $1,241.20 57 065-388-012 $1,241.20 58 065-388-013 $1,241.20 59 065-388-014 $1,241.20 • Lot Number County Assessor's Parcel Number Annual Assessment 60 065-388-015 $1,241.20 61 065-388-016 $1,241.20 62 065-388-017 $1,241.20 63 065-388-018 $1,241.20 64 065-388-019 $1,241.20 65 065-388-020 $1,241.20 66 065-388-021 $1,241.20 67 065-388-022 $1,241.20 68 065-388-023 $1,241.20 69 065-388-024 $1,241.20 70 065-388-025 $1,241.20 • 71 065-388-026 $1,241.20 72 065-388-027 $1,241.20 73 065-388-028 $1,241.20 74 065-388-029 $1,241.20 75 065-388-030 $1,241.20 76 065-388-031 $1,241.20 77 065-388-032 $1,241.20 78 065-388-033 $1,241.20 79 065-388-034 $1,241.20 80 065-388-035 $1,241.20 81 065-388-036 $1,241.20 82 065-388-037 $1,241.20 83 065-388-038 $1,241.20 • 84 065-388-039 $1,241.20 L� • • Lot Number County Assessor's Parcel Number Annual Assessment 85 065-388-040 $1,241.20 86 065-388-041 $1,241.20 87 065-388-042 $1,241.20 88 065-388-043 $1,241.20 89 065-388-044 $1,241.20 90 065-388-045 $1,241.20 91 065-388-046 $1,241.20 92 065-388-047 $1,241.20 93 065-388-048 $1,241.20 94 065-388-049 $1,241.20 95 065-388-050 $1,241.20 96 065-388-051 $1,241.20 97 065-388-052 $1,241.20 98 065-388-053 $1,241.20 99 065-388-054 $1,241.20 100 065-388-055 $1,241.20 101 065-388-056 $1,241.20 102 065-388-057 $1,241.20 103 065-388-058 $1,241.20 104 065-388-059 $1,241.20 105 065-388-060 $1,241.20 106 065-388-061 $1,241.20 107 065-388-062 $1,241.20 108 065-388-063 $1,241.20 109 065-388-064 $1,241.20 • Lot Number County Assessor's Parcel Number Annual Assessment 110 065-388-065 $1,241.20 111 065-388-066 $1,241.20 112 065-388-067 $1,241.20 113 065-388-068 $1,241.20 114 065-388-069 $1,241.20 115 065-388-070 $1,241.20 116 065-388-071 $1,241.20 117 065-388-072 $1,241.20 118 065-388-073 $1,241.20 119 065-388-074 $1,241.20 120 065-388-075 $1,241.20 121 065-386-005 0 122 Parcel 065-386-016 0 123 Parcel 2 065-386-017 065-386-018 065-386-019 065-386-012 065-386-013 065-386-014 065-386-010 0 124 065-386-015 0 0 uWadmkVdois e.enypl it • :: C�J l 065-15Z 065-361 0 N xdY H 31y15 �Na0�ntl0 C.11 00 v • • I• 00 0 a L C"J Attadr ent A CLOISTERS PARK AND OPEN SPACE MAINTENANCE TASKS Review for vandalism/repair Outdoor Pick-up ♦ trash ♦ paper ♦ cigarette butts Empty ♦ 6 trash cans Clean ♦ 7 tables ♦ 2 drinking fountain Check ♦ 5 interpretive panels ♦ 2 barbeques ♦ bike paths ♦ walkways ♦ 2 bridges ♦ 2 coastal access ways ♦ 1 observation pier ♦ 1 bike rack • ♦ 2 play apparatus ♦ 25 light bollards ♦ play area surface ♦ I demonstration garden Clean ♦ 3 toilets ♦ 1 urinal ♦ 2 sinks ♦ restroom floors/walls ♦ 18 benches Twice Weekly Blow all walkways. observation deck and parking lot Weekly Mow turf Edge turf Remove weeds from demonstration garden, medians, planters Trim turf around trees, posts and other hard to reach areas Check and replace failed lamps Lake maintenance • Bi-Weekly Rake/redistribute gravel under picnic tables and benches Empty BBQ's of ashes • Cloisters Maintenance Tasks Page 2 Litter pick -up -open space area Monthly Check new trees and plantings Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspection New plantings Bi-Annually Fertilize turf/planter areas Paint restrooms, structures, signs, etc. Seed & aerate turf areas Annually General safety inspection Annual tree pruning • As Needed Remove graffiti Pest/gopher control Trim and spray paths Mow open space area • u.w.misc.clomaintsk • Attactrent B CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NAME: Cloisters Landscaping and Lighting Maintenance Assessment District DIAGRAM: Attached PLANS AND SPECIFICATIONS: Attached. No bonds or notes will be issued for this Maintenance Assessment District. ESTIMATED COST OF MAINTENANCE: The following outlines the estimated budget for the maintenance of the Cloisters Park and Open Space for fiscal year 1999/00. Personnel Services Director $ 1,607 Leadworker $ 3,558 Maintenance Worker II $35,708 isMaintenance Worker II $34,162 Overtime $ 1,250 Sub -total Personnel Services $76,285 Supplies Uniforms/safety equipment $ 1,000 Grounds maintenance supplies $ 6,000 Small tools $ 2,000 Fuel, oil and lubricants $ 1,500 General office supplies $ 100 Misc. operating supplies $ 4,259 Sub -total Supplies $14 859 Services Other professional services $ 5,700 Electricity $ 3,000 Water $25,000 Outside equipment repair and maintenance $ 6,000 Engineering services $ 2,000 Pest control services $ 500 Outside structure repair $ 4,250 E • 40 Cloisters Engineers Report Page 2 Services (con't) General liability $ 2,500 Property damage insurance $ 500 Vehicle insurance $ 600 Disposal $ 750 Sub -total Services $50,800 Equipment Reimbursement Truck $4,000 Sub -total Equipment Reimbursement $4,000 Capital Outlay Other maintenance vehicles $ 3,000 Sub -total Capital Outlay $3,000 Total Assessment Estimate Per Parcel Yearly Assessment $148,944/120 parcels C.w.i.d0eng99 $148,944 $1,241.20 • RESOLUTION NO.42-99 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the North Point subdivision requested the City of Mono Bay form a maintenance assessment district to fund the maintenance of the North Point Natural Area; and WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and WHEREAS, pursuant to Section 22623 of the Act, the Engineer has filed in the Office of the City Clerk, and submitted for review to the City Council, a report entitled "Engineers Report North Point Natural Area Landscaping and Lighting Maintenance Assessment", dated May 18, 1999 prepared in accordance with Article 4 of the Act, commencing with Section 22565; and • WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by City ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the North Point Natural Area; and WHEREAS, pursuant to the intent of Article XIII, Section 4, of the California Constitution, the property owners have elected to form the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held June 28, 1999 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Mono Bay, CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the North Point Natural Area are specified in the Engineer's Report dated May 18, 1999, which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $5,645 or $564.50 per assessable parcel for fiscal year 1999-00. is • RESOLUTION 42-99 PAGE PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting thereof held this 24th day of May, 1999 by the following roll call vote: AYES: Anderson, Crotzer, Peirce, Peters NOES: Elliott ABSENT: None ATTEST: i BRIDGET AUER, CITY CLERK u.muncil.res42-99 • Attachment A May 1999 NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT • 0 FISCAL YEAR COSTS 1998/99 (Actual and Projected through fiscal year end) Personnel Services (costs for May 1- June 30, 1999 are projected in personnel services) Director $ 226.20 Lead worker $ 580.08 Maintenance Workers $ 1,012.38 (includes daily & routine $ 1,236.49 tasks) Sub -total personnel services $ 3,055.15 Equipment Time (truck) for Personnel $ 693.16 City Engineering Review and Engineers Report $ 460.00 Repair and Maintenance Supplies (these are actual costs, additional costs may be incurred from May 1- June 30, 1999) Trash liners Round -up 80 used x .50/each 30 oz. used 2/99 Miners Hardware Sign repair materials Sub -total for repair and maintenance supplies Insurance Public Utilities (costs for May I- June 30, 1999 are projected in public utilities) $ 40.00 $ 35.00 $ 3.55 $ 78.55 $ 380.00 $ 91.00 Repair and Maintenance Services (these are actual costs, additional costs will be incurred from May 1- June 30, 1999) Monthly Blow paths .5 hr staff x 12 mo x $23.33 = $ 139.98 & parking lot 6 hrs truck x $5.59/hr $ 33.54 6 hrs blower x $1.40 $ 8.40 North Point Costs-FY 1998/99 Page 2 Bi-Annually Mow meadow 1 hr staff x 2/year x $23.33 $ 46.66 2 hrs mower x $11.18 $ 22.36 2 hrs truck x $5.59 $ 11.18 Feb 1999 Repair sign .5 hr truck x $5.59 $ 2.80 .5 hr staff x $23.33 $ 11.67 Sub -total repair and maintenance services $ 276.59 Total for maintenance of North Point Natural Area, July 1,1998 through May 6, 1999 Deficit from fiscal year 1997/98 Grand Total Amount assessed property owners for maintenance of North Point Natural Area for F.Y. 1998/99 Deficit/Overage (to be applied to F.Y. 1999/00) c.w.council.nrptact98-1 0 $ 5,034.45 <$1,017.51> $ 6.061.96 $ 5,645.00 <$ 416.96> EXHIBIT A 0 CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM 9 1.10 AC-i- NO AREA GNEN 0 NORTH POINT NATURAL AREA LEGEND 1. = LOT NUMBER @ = COUNTY ASSESSORS PARCEL NUMBER § I 5 �y s. CN\&2, TRACT 2110 15 21 14 .55 AC-* 13 6 R-1 Maintenance District CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT • Reviewed and Approved By: Lawrence McPherson Interim Staff Engineer RCE 21157 Prepared By: D Andrea K. u er Director, Recreation and Parks Department City of Morro Bay May 15, 1999 • CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Table of Contents Page I. Project Description 1 II. Maintenance Tasks 1 III. Maintenance Costs 1 IV. Apportionment of Assessment 2 Assessment Diagram Maintenance Task List Detailed Cost Analysis 0 3 Attachment A Attachment B CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER'S REPORT Project Description As a condition of approval for Tract No. 2110, the North Point subdivision, the developers were required to offer to the City for dedication Lot 11 of the subdivision for park purposes, and to construct improvements on Lot 11 including a paved parking area, a stairway providing access to the beach, benches, landscaping and irrigation, lighting, and other improvements. The subdivision was also conditioned to provide maintenance of the park by establishing an assessment district. Lot 11 of Tract No. 2110 is identified as the North Point Natural Area. • The owners of the ten residential lots within the North Point subdivision have requested that the City form a maintenance assessment district to fund the maintenance of the North Point Natural Area. II. Maintenance Tasks A list of maintenance tasks required to maintain the North Point Natural Area in acceptable condition for public use was developed by the City Recreation and Parks Department based on maintenance standards established for existing parks within the City and is included in this report as Attachment A. III. Maintenance Costs The estimated annual cost of maintaining the North Point Natural Area was developed by the Recreation and Parks Department based on the tasks required and the City's Flat Rate Manual for Parks Maintenance. The annual cost of maintenance for the 1999-00 fiscal year is estimated to be $5,645.00. The detailed cost estimate is included in this report as Attachment B. 0 • IV. Apportionment of Assessment The total assessment for the District is apportioned to each of the ten residential lots equally. Lot 11, the North Point Natural Area; Lot 12, a private street; and Lot 13, an open space parcel to be granted to the State of California; are not assessed. Individual assessments are listed in the following table: Parcel/Assessment Table ber County Assessor's Parcel Number Annual Assessment 065-082-10 $564.50 • 065-082-11 $564.50 FK4 065-082-12 $564.50 065-082-13 $564.50 065-082-14 $564.50 065-082-15 $564.50 7 065-082-16 $564.50 8 065-082-17 $564.50 9 065-082-18 $564.50 10 065-082-19 $564.50 11 065-082-20 $ 0.00 12 065-082-21 $ 0.00 13 065-082-22 $ 0.00 Ww/etlm'uJnMpt.mgrpt • • • CITY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA 4., LEGEND LOT NUMBER 1.10 AC.tCOUNTY ASSESSORS PARCEL NUMBER �r u 'yam 7. 22 NO AREA CNFN �, TRACT 2110 $ 21 a 14 .55 0 12 O 11 0.��A// a 10w V r0 �l y6 �w of Maintenance Assessment District Engineer's Report 3 • ATTACHMENT A Daily NORTH POINT NATURAL AREA MAINTENANCE TASKS Review for vandalism/repair Pick-up - paper trash cigarette butts Empty - trash cans Clean - benches fencing Check - beach access stairway bike rack lights planting hillside, erosion • Weekly Blow paths, parking lot Monthlv Check new trees/stakes Check/repair sprinkler system Trim trees and bushes as needed Critical parts inspections Annual Paint beach access stairway, public access signage New plantings (replacement) General safety inspection Annual tree pruning As Needed Remove graffiti Mow open space Pest/gopher control Trim and spray paths • Repair public access signage Attactanent B • NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MAY 1999 NAME: North Point Natural Area Landscaping and Lighting Maintenance Assessment District DIAGRAM: Attached PLANS AND SPECIFICATIONS: Attached. No bonds or notes will be issued for this Maintenance Assessment District. ESTIMATED COST OF MAINTENANCE: The following outlines the estimated budget for the maintenance of the North Point Natural Area for fiscal year 1999/00. Personnel Services Director $161.00 Leadworker $509.00 • City Engineering Review $335.38 Repair and Maintenance Supplies $500.00 Miscellaneous items to repair vandalism, benches, stairway, trash liners, signage, irrigation supplies, herbicides, etc. Insurance $380.00 Public Utilities $300.00 Repair and Maintenance Services Equipment costs for repair and maintenance. $800.00 Staff costs for repair and maintenance services. Blow parking lot/asphalt paths 9,000 sq. ft. (maintenance standard - 9 min. per 1,000 sq. ft.) 9,000/1000 sq. ft., 9 x 9 = 81 min. • 81/ 60 min. = 1.35 hr./wk. 1.35 hr./wk. x 40 wks. = 54 hrs. x $23.33 (Maintenance - Worker II rate [hourly rate + fringe benefits] $1,259.82 • Engineers Report N. Point Natural Area LLMAD Page 2 Staff costs for repair and maintenance services (con't) Mowing -.5 acre (maintenance standards - .5 hr./acre) .5 acre x .5 hr. = .25 hr. x 8 times each year = 2 hrs. x $23.33 = $46.66 Trimming & Spraying Paths, Beach Access Stairway- 3,000 sq. ft. (maintenance standard - 60 minutes/1,000 sq. ft. ) 3,000/1,000 = 3 x 60 min. = 180 min. 3 hr. x 8 times each year = 24 hrs. x $23.33 = $559.92 Litter Pick -Up - 1.3 acre (maintenance standard - 2 acres per hour) 1.3 acre/2 = .65 hr./wk. x 52 wk. = 34 hrs. x $23.33 = $793.22 • Total Assessment Estimate $5,645.00 Per Parcel Yearly Assessment $5,645.00/10 parcels $564.50 c.w.council.nrpteng99 40 Resolution No. 41-99 • RESOLUTION AWARDING THE CONTRACT FOR PROJECT NO. PW99-09: MAIN STREET BIKE PATH/BLENDING LINE, PHASE 1 The City Council, City of Morro Bay, California WHEREAS, installation of bikeways in the community of Morro Bay is an identified priority of the Circulation Element to the General Plan as an encouragement of use of alternative modes of transportation; and WHEREAS, installation of the Blending Pipeline is an identified priority in the adopted Water Master Plan; and WHEREAS, the Class 1 Main Street Bike Path has secured funding from Proposition 116 and Regional State Highway Account (RSHA) funding sources; and WHEREAS, the Blending Pipeline has accumulated funding from the City's Water Fund for the first phase of construction; and WHEREAS, the routing of the first phase of the Blending Pipeline coincides with the routing of the Main Street Bike Path; and WHEREAS, plans and specifications for a combined Project, PW 99-09: Main Street Bike Path/Blending Line, Phase 1, were prepared and bid pursuant to the Public Contract Code; and • WHEREAS, Souza Construction, Inc., San Luis Obispo, submitted the lowest responsible bid in the total amount of $323,390.00, representing the Base Bid and Additive Alternate No. 1; and WHEREAS, it is in the public interest that the Project contract be awarded for the Base Bid and Additive Alternate No. 1. NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council that the contract for Project No. PW 99-09 is hereby awarded to Souza Construction, Inc. in the amount of $323,390.00; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute contract documents reflecting this action. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24" day of May, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None An R AND RSON, Mayor ATTEST: CITY OF MORRO BAY: Capital Projects Division • PW 99-09: Main Street Bike Path/Blending Line, Phase 1 BID SUMMARY Bid Opening: May 18, 1999 @ 2:00 p.m. Basis of Award: Base Bid Bid Order BIDDER Base Bid Amount Alt. 1 Total Bid 1 Souza Construction, Inc. $312,930.00 $10,460.00 $323,390.00 San Luis Obispo A. J. Diani Const. Co., Inc. $330,644.00 $12,141.00 $342,785.00 Santa Maria C Maino Const. Co. $350,570.00 $14,596.00 $365,166.00 San Luis Obispo C Spiess Const. Co., Inc. $362,922.80 $15,645.00 $378,567.80 Santa Maria • C Sansone Co., Inc. $371,427.20 $17,902.80 $389,330.00 San Luis Obispo C W. M. Lyles Co. $426,813.40 $23,224.00 $450,037.40 Bakersfield C R. Burke Corp. $429,534.00 $9,963.00 $439,497.00 San Luis Obispo C Madonna Const. Co. $429,624.40 $16,241.20 $445,865.60 San Luis Obispo C John Madonna Const. Co. $432,142.80 $14,927.50 $447,070.30 San Luis Obispo 10 Whitaker Contractors, Inc. $484,868.00 $13,430.00 $498,298.00 Santa Margarita 11 Special Service Contractors $511,477.00 $13,773.00 $525,250.00 Paso Robles • 05/19/99 11:18:12 AM page 1 of 1 • Resolution No. 40-99 RESOLUTION APPROVING ADMINISTERING AGENCY - STATE MASTER AGREEMENT NO. 000389 The City Council, City of Morro Bay, California WHEREAS, the City of Morro Bay is required to enter into an Agreement with the State of California Department of Transportation to delineate certain obligations relative to the use and administration of State Transportation Improvement Program (STIP) funds; and, WHEREAS, the State has delivered a Master Administering Agency - State Agreement for State Funded Projects (No. 000389) to the City for adoption; and, WHEREAS, said Agreement has been reviewed and found to generally conform to the City's needs; and, WHEREAS, it is in the interests of public benefit that said Agreement be adopted. NOW, THEREFORE BE IT RESOLVED by the Morro Bay City Council that said Master Agreement No. 000389 is hereby approved; and, is BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute said Agreement on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24`" day of May, 1999 by the following vote: AYES: Anderson, NOES: None ABSENT: None ABSTAIN: None ATTEST: Crotzer, Elliott, Peirce, Peters BRIDGETT AUER, City Clerk . RESOLUTION NO.39-99 RESOLUTION AUTHORIZING REWARDS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF VANDALS INVOLVED IN DAMAGING CITY, SCHOOL DISTRICT AND PRIVATE PROPERTY IN THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has seen a significant increase in the amount of vandalism and graffiti to both public and private property since July, 1998; and WHEREAS, the increased vandalism has resulted in thousands of dollars in actual damage and increased staff time to make the repairs at our public parks and schools; and WHEREAS, the costs of the repairs divert funds designated for the proper maintenance of facilities and educational programs for our youth by the City and School District; and WHEREAS, the vandalism has been widespread and occurring at varied times throughout the City resulting in only partial success in the capture of suspects through traditional patrol methods by the Police Department and its Community Service Volunteers; and • WHEREAS, the City of Morro Bay, San Luis Coastal Unified School District and San Luis Obispo County Crime Stoppers wish to enter into a joint effort to offer rewards for information resulting in the arrest and conviction of those individuals responsible for causing the damage and hold them accountable for the cost of the repairs caused by their senseless actions. NOW, THEREFORE, BE rr RESOLVED by the Morro Bay City Council that it is determined to maintain the quality of life in our community and hereby authorizes that the City of Morro Bay join in offering up to $2000.00 in City funds, combined with additional fiords offered by San Luis Coastal Unified School District and San Luis Obispo County Crime Stoppers, to be used as rewards for information leading to the arrest and conviction of those responsible for acts of vandalism and graffiti to our parks, schools, and other public and private property in Morro Bay. The assignment of such rewards will be determined by mutual agreement of a panel made up of representatives of the Police Department, School District, Crime Stoppers, and a member designated by the City Council . AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ATTEST: • BRIDGETT 4UER, City Clerk RESOLUTION NO.38-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR EXTENSION OF THE CONSULTANT AGREEMENT FOR ADVERTISING SERVICES 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 special services of experienced consultant(s) and advertising agent(s) to commercially advertise and • promote the City of Morro Bay as a tourist designation point on network and cable television; and WHEREAS, Tom Jones Advertising is specially trained and possesses special skills, education, experience and competency to perform the services and provide the advice needed; and WHEREAS, on October 2, 1995, the Community Promotions Committee unanimously selected Tom Jones Advertising as the desired Consultant; and WHEREAS, on July 1, 1996, the City entered into a formal three (3) year contractual agreement terminating on June 30, 1999, with Tom Jones Advertising to commercially advertise and promote the City of Morro Bay as a tourist designation point on network and cable television; and WHEREAS, on April 21, 1999, the Community Promotions Committee unanimously agreed to extend the contractual agreement with Tom Jones Advertising until June 30, 2000, pursuant to the same terms and conditions as the original contact for 0 • Resolution No. 38-99 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby authorize the City Manager to enter into a one (1) year contract extension with Tom Jones Advertising pursuant to the same terms and conditions as the present contract for services dated October 31, 1995. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10th day of May, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None LPto 40 r 0 RESOLUTION NO.37-99 RESOLUTION REQUESTING PERS BOARD OF ADMINISTRATION TO WAIVE THE 960-HOUR RULE FOR EMPLOYMENT OF A RETIREE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay entered into an Agreement for Professional Services with Robert E. Hendrix on December 14, 1998; and WHEREAS, Mr. Hendrix is currently a retiree with the Public Employees Retirement System (PERS); and WHEREAS, PERS regulations allow retirees to work only 960 hours per calendar year without re-entering the retirement system; and WHEREAS, City desires to employ Mr. Hendrix beyond the 960 hours in order to complete the combining of the Public Works and Planning & Building Departments into the • Public Services Department; and WHEREAS, PERS regulations allow for an extension of the 960 hour rule not to exceed one year. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the City of Morro Bay formally requests the PERS Board of Administration to waive the 960-hour rule for Robert E. Hendrix. AYES: Anderson, Crotzer, Elliott, Peirce, Pet rs NOES: None ABSENT: None D R ANDERSON, Mayor ATTEST: BRIDG BAUER, City Clerk 0 • RESOLUTION NO.36-99 AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE DEPARTMENT OF BOATING AND WATERWAYS ABANDONED WATERCRAFT ABATEMENT GRANT CONTRACT 497-201-368 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay was awarded a grant from the Department of Boating and Waterways (DBW) for removal of an abandoned 41' concrete vessel from City facilities through the DBW Abandoned Watercraft Abatement program; and, WHEREAS, the Abandoned Watercraft Abatement Grant Contract #97-201-368 was entered into in June 1998 with an expiration date of May 31, 1999; and, WHEREAS, the City has requested an extension of the contract term through August 31, 1999 to complete acquisition of the necessary permits and to allow adequate time for selection of a date for safe navigation to the disposal site. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. the Mayor is hereby authorized to execute Amendment No. 1 to DBW Abandoned Watercraft Abatement Fund Program Contract #97-201-398 extending the term of said contract through August 31, 1999. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10'h day of May 1999, by the following vote: AYES: Anderson, Crotzer, Elliott,,Peirce, Peters NOES: None ABSENT: None VgeGWI ANDE SON, MAYOR FaN�IdM `t�J61.�.1�� BRIDGEIJF BAUER, CITY CLERK 0 STATE OF CALIFORNIA CONTRACT NUMBER AM. NO.. STANDARD AGREEMENT --- APPROVED BY THE 97-201-368 ATTORNEY GENERAL 1 STD. 2 (REV. Sat) TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER AGREEMENT, made and entered into this _day of , 1999 , State of California, by and between the State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE - AGENCY DIRECTOR DEPARTMENT OF BOATING AND WATERWAYS hereafter called the State, and CONTRACTOR'S NAME City of Morro Bay -Harbor Department , hereafter called the Contractor. WTINESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) . 1. Revise the term, item number 4 of the original contract, per the request incorporated herein as Attachment F, to read: The term of this contract shall be from June 1, 1998 to August 31, 1999. CONTINUED ON SHEETS EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. ie provisions on the reverse side hereof constitute a part of this agreement. IIIIIIIIIIIINUNESS WHEREOF. this aareement has been executed by the parties hereto. upon the date fast above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (t odw dwn en MWftat Dam wAarhara ovgoraftL pa mf,4 ,eta) De artment of Boating and Waterways City of Morro Bay -Harbor Department BY(AUTHORIZED SIGNATURE) BY flE) D an7 tv-1 it p PRINTED NAME OF P16GON SIGNING NTEAAMOD TITLE OF PERSON SIGNING Carlton Moore Rodger Anderson Mayor TITLE - ADDRESS Interim Director 595 Harbor Street, Morro Bay, CA 93442 AMOUNT ENCUMBERED BY THIS DOCUMENT PROGRAMICATEGORY (CODE AND TITLE) Abandoned Watercraft Abatement Fund FUND TITLE HWRF Department of General Services Use Only (OPTIONAL USE) $ -0- . PRIOR AMOUNT ENCUMBERED FOR ITEM CHAPTER STATUTE FISCAL YEAR THIS CONTRACT I $ , TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TMI7 DATE $ I hereby certify upon my own personal knowledge that budgeted hinds are T.B.A. NO. B.R. NO. available for the period and puipose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE X FTMAC'TOR STATE AGENCY DEPT. OF GEN. SER. CONTROLLER STATE OF CALIFORNIA STANDARD AGREEMENT SM.2 (REV. 5-91) (REVERSE) • 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of the Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's • expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. 0 Attachment F City of Morro Bay HARBOR DEPARTMENT 1275 EMBARCADERO, MORRO BAY, CALIFORNIA 93442 805-772-6254 April 8, 1999 Jana Clarke Department of Boating & Waterways 2000 Evergreen ST Sacramento CA 95815-3831 RE: REQUEST FOR EXTENSION ON DEW CONTRACT #97-201-368 Jana: I am writing to request an extension of DBW contract #97-201-368 to August 31, 1999. The current contract term will expire on May 31, 1999. The vessel "Endeavor" is now ready for Coast Guard and Marine Surveyor inspection for off- shore disposal certification. Due to problems with limited staffing in the Harbor Department and • difficulty in getting Coast Guard MSO personnel from Santa Barbara here to inspect the vessel, we have not yet formally requested EPA approval for off -shore disposal. In order to put out the second phase of the project for a bid, we need to get the EPA approval and designation of a disposal site. From past experience, it has taken over a month to obtain EPA approval and designation for an off -shore disposal site. At this time, we have a marine surveyor scheduled to survey the vessel on 4/21/99. 1 have set up a meeting with a representative from the Commercial Fisherman's Organization to discuss viable off -shore locations for disposal of the vessel. Once we can get Coast Guard MSO to certify the vessel and approve a specific disposal site we will formally request approval for the disposal from the EPA. As mentioned above, this approval can take as long as 4-8 weeks. Extension of the contract until August 31, 1999 will provide us with enough time to get the approval, issue a request for proposal and have leeway in choosing a day with appropriate weather conditions for the project. Please contact me if you have any questions or if there is any other information you need to process the amendment. Thank you for your assistance, Susan Lichtenbaum • Administrative Assistant A IDA1hV#2.'11.E77FRS/DBW4-8 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. 35-99 • RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR PROJECT NO. PW 99-06: CITY DOCK RECONSTRUCTION TO SOUZA CONSTRUCTION COMPANY The City Council, City of Morro Bay, California WHEREAS, the City of Morro Bay is lessor of certain property on the Morro Bay waterfront described as Lease Site 129W-133W; and WHEREAS, the reconstruction of said Lease Site has been authorized and a $231,500 grant from the State Resources Agency has been acquired (grant agreement no. 1-A-98, contract no. OCA82126) to assist in a reconstruction project; and WHEREAS, plans and specifications were prepared for the first phase of the reconstruction, Project No. PW 99-06: City Dock Reconstruction and the Project was bid pursuant to the Public Contract Code; and WHEREAS, Souza Construction Company submitted the lowest responsible bid for the Project in the total bid amount of $164,822.00; and WHEREAS, it is in the interests of the general welfare that the Project contract be awarded for the scope of work contemplated by said bid; and • WHEREAS, the last phase of the reconstruction consists of the design and installation of a fire suppression system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the contract for Project No. PW 99-06: City Dock Reconstruction is hereby awarded to Souza Construction Company in the amount of $164,822.00; and BE IT FURTHER RESOLVED the Mayor is hereby authorized to execute contract documents on behalf of the City; and BE IT FURTHER RESOLVED, grant funds not needed for completion of this contract shall be used for the design and construction of said fire suppression system. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 101h day of May, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: �G AIJERSON, Mayor BRIDGET% BAUER, City Clerk Z O I a • H N U) D w J Q a w o mw w �a m m w N r <z 4 m 0 0 RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: City of Morro Bay • 595 Harbor Street Morro Bay, CA 93442 I N *111 RIA 9 111elec1mF619 A RESOLUTION ACCEPTING A TEN FOOT WIDE OFFER OF DEDICATION AT THE FRONTAGE OF DEL MAR ELEMENTARY SCHOOL FOR PUBLIC STREET PURPOSES FROM THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT Del Mar Elementary School Being: 501 Sequoia Street Assessor Parcel # 065-149-004 portion of lot 29, Rancho Morro y Cayucos, City of Morro Bay THE CITY COUNCIL City of Morro Bay, California WHEREAS, the existing Sequoia Street right-of-way is sixty feet wide with the exception of that portion along the frontage of the Del Mar Elementary School which is fifty feet in width; and • WHEREAS, pursuant to the conditions of approval of the conditional use permit for the Del Mar Elementary School Expansion Project, the owner has installed required frontage public improvements in accordance with the City approved plans and is required to dedicate to the City a ten foot easement for public street purposes; and WHEREAS, the owner, San Luis Coastal Unified School District, has made said offer attached herewith; and WHEREAS, it is in the public interest to accept the offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached offer of dedication made by the owner (San Luis Coastal Unified School District) is hereby accepted on behalf of the public. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 1 Oth day of May, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST:6- 1 M�* & e A Abel/ UER, CI(4C1[Si!S M, 5OPAIM4 r� • RESOLUTION NO.26-9899 RESOLUTION OF THE BOARD OF EDUCATION OF THE SAN LUIS COASTAL, UNIFIED SCHOOL DISTRICT AUTHORIZING THE IRREVOCABLE DEDICATION OF AN EASEMENT IN PROPERTY FOR PUBLIC. STREET PURPOSES AND INCIDENTAL USES ALONG SEQUOIA STREET ADJACENT TO DEL MAR ELEMENTARY SCHOOL WHEREAS, the Board of Education (the "Board") of San Luis Coastal Unified School District (the "District") would like to irrevocably dedicate to the public an easement for public street purposes and incidental uses in the property along Sequoia Street adjacent to Del Mar Elementary School, as is further described in Exhibit "A".attached hereto and incorporated herein by reference (the "Property"); and WHEREAS; the Board adopted, posted and published a resolution regarding its intent to dedicate the Property pursuant to Education Code Section 17557; and WHEREAS, pursuant to Education Code Section 17557, the public meeting to consider this resolution authorizing a dedication of the Property is being held at least ten (10) • days since the Board adopted its resolution of intent to dedicate the Property; and NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE BOARD OF EDUCATION OF THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT AS FOLLOWS: . Section 1. The Board shall irrevocably dedicate to the public an easement in the Property along Sequoia Street adjacent to Del Mar Elementary School, as is further described in Exhibit "A" attached hereto and incorporated herein by reference. Section 2. The President of the Board shall execute the Irrevocable & Perpetual Offer to Dedicate, attached hereto as Exhibit `B" and incorporated herein by reference, which shall be executed, acknowledged. and recorded in accordance with Civil Code Section 1009, Government Code Section 7050 and any other applicable provisions of law. Section 3. The Board held a public meeting at its regular place on the date indicated below, which date is at "least ten (10) days following the Board's adoption of the resolution of intent to dedicate the Property, for the purpose of authorizing the dedication of Property. PASSED AND ADOPTED by the Board of Education of the San Luis Coastal • Unified School District at its regular meeting held on the 16" day of March, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAINED: (Gelker/Botwin) Berns/Botwin/Dixon/McElhinney/Muscia/Gelker/Wheeler none none none C. Clerk of the Board of Education of the San Luis Coastal Unified School District • I, Glenn F. oelker Clerk of the Board of Education of the San Luis Coastal Unified School District, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the Board of Education of the San Luis Coastal Unified School District at a regular meeting thereof held on the 16' day of March, 1999, by the following vote of the Board: AYES: Berns/Botwin/Dixon/McElhinney/Muscia/Gelker/Wheeler NOES: none ABSENT: none ABSTAINED: none (Gelker/Botwin) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the S ui astzhUriified School District this 16'bday of March, 1999. s(ZIst Clerk of the Board of Education of the San Luis Coastal Unified School District EXHIBIT A • All that real property located in the City of Morro Bay, County of San Luis Obispo, State of California, described as a portion of Lot 29 of Rancho Morro Y Cayucos, according to the map thereof recorded September 28, 1875, in Book A, Page 160 of Maps, in the office of the County Recorder of said County, and further described as that portion of the parcel of land described in the Final Judgement of Condemnation in the matter of Morro Union Elementary School District vs. Alvin H Wilmar, .et al, as recorded in Volume 1034, Page 56 of Official Records, in the office of the County Recorder of said County being more particularly described as follows: Being a strip of land ten (10) feet in width measured at right angles to and lying north of and parallel with the north line of that parcel of land described as Parcel 2 in Resolution No. 143-66, being the Resolution Accepting Deed From San Luis Coastal Unified School District of Property to be Used For Street Purposes, recorded in Volume 1420, Page 596 of Official Records, in the office of the County Recorder of said County. The sidelines of the hereinabove described 10 foot wide easement shall be lengthened and/ or shortened to intersect each other at angle points and where the sidelines intersect property boundaries. The above described easement is graphically shown on EXHIBIT B (CONT.) Attached hereto and made a part hereof by reference. • Michael B. Stanton LS 5702 (exp. 9-99) sequoia.lgl 8-20-96 0 *(1GH�p SB. 4ANfOP)lir • EXHIBIT "B" IRREVOCABLE & PERPETUAL OFFER TO DEDICATE [SEE ATTACHED PAGES B-2 THROUGH B-7] • • Exhibit B-1 IRREVOCABLE & PERPETUAL • OFFER TO DEDICATE THIS OFFER TO DEDICATE, made this le day of March, 1999, by SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, who acquired title as Morro Union Elementary School District, City of Morro Bay, County of San Luis Obispo, State of California, hereinafter termed Offeror. WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to the public, as easement and public right-of-way for public street purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain streets. • NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described in Exhibit "C" hereto attached and made a part hereof. 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of an easement and public right-of-way for street purposes and incidental uses upon the following described property: As described in Exhibit "A" and graphically shown on Exhibit "B" attached hereto and made a part hereof. 3. That until such time as the above offer of dedication is accepted by the City of Mono Bay, all owners of property contiguous to the above -described street 0 parcel shall have the right to use said street parcel as a private street. 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, may accept said offer of • dedication. 5. That said Offeror agrees that this irrevocable and perpetual Offer of Dedication is and shall be binding on his heirs, legatees, and assignees: 6. That said Offeror agrees that any trust deeds filed after the date first above written shall be subordinate to this Offer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT Edwin Denton, Ed., Superintendent ACCEPTED BY THE CITY OF MORRO BAY: CITY OF MORRO BAY • r1 U �J STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On May 10, 1999, before me, Bridgett Bauer, City Clerk for the City of Morro Bay, personally appeared Rodger Anderson, 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. 1 J "j- YDb�� Bridgett Bau City Clerk City of Morro Bay, California • • • • STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On March 16, 1999, before me, a Notary Public in and for the State of California, personally appeared Edwin Denton, known to me or proven to me on the basis of satisfactory evidene to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed thesame in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s) on the instrument he person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _ 4 WITNESS my hand and official seal. KIM HOLMES Notary Public in and for said County and State (seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On before me, a Notary Public in and for the State of California, personally appeared known to me or proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument he person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State (seal) [] • 1010 OR 72 DEL MAR ELEMENTARY SCHOOL -L34 OR 58 10' arfER OF OEOIG1170N SEQUOIA STREET -'`�� OR °8 OCr AN AE1 I6NTS NO. 2. GRAPHIC SCALE 100 0 100 2D0 ( IN FEET 1 inch = 100 ff. ENGINEERING EDA DEVELOPMENT ASSOCIATES ENGINEERING LAND SURVEYING PROJECT ADMINISTRATION 1320 NIPOMO STREET SAN LUIS OSISPO CALIFORNIA 93401 LAR.• SEQL101A.dwg.DWC Q4?Ei SEP 24. 7998 TIME.- 4.'77 PM Exhibit B-5 EXHIBIT B. r' EXHIBIT The land. referred to is situated. in the State of California, County of San Luis Obispo, and is described as follows: i .. PARCEL 1: That property. located in the.County. of San Luis Obispo, State of California, particularly described as that portion of Lot 29, of the Rancho Morro y Cayucos, in, the County of San Luis Obispo, State of California, according. to the map recorded September 28, 1875 in Book A, Page 160 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the most Northerly. comer of Ocean Heights No. 2 as shown on map recorded February 14, 1928 in Book 3, Page 116 of Maps; thence North 17°30' West, 586.86 feet to. a point on the Southerly line of the land described in the deed to Standard Oil, Company of California, a Delaware corporation recorded November 7,. 1951 in Book 634, Page 7 of Official Records; thence South 44625' West along the. Southerly line of the land described in said deed, 716.64 feet to the most Southerly comer. thereof,, said point also being the most Easterly corner,of.:the document described in the deed to Valley Pipe Luce Company, a corporation recorded July 7, 1936 in Book 197, Page 263 of Official Records; thence South 17°30' East, 249.50 feet to a point on the Northerly line of Ocean. Heights No..1 as shown on map recorded August 8, .192.5 in Book 3, Page 62 of Maps; thence North 72°30' East along the Northerly line of Ocean Heights No..1 and Ocean Heights No. 2,.632.26 feet to the point. of beginning. EXCEPTING therefrom that portion conveyed to the City of Morro Bay by document recorded. December 29, 1966 in Book 1420, Page 596 of Official Records... PARCEL 2: That portion of Lot 29 of the Rancho Morro y Cayucos, in the County of San Luis Obispo, State of California, according to map recorded September 28, 1875 in Book A, Page 160 of Maps, in the office of the County Recorder of said County, described as follows: Page 1 of 2 Exhibit "C" Exhibit B-6 i Commencing at the most Northerly comer. of Ocean Heights No. 2, '.as shown on map recorded February 14, 1928 in Book 3, Page 116 of Maps; thence North 17030' West, 586.86 feet to the true point of beginning; said true point of beginning being on the Southerly line. of the land described in the deed to Standard Oil Company of California, a. Delaware . corporation recorded November 7, 1951 in Book 634, Page 7. of Official Records; thence South 44°25' West along the Southerly line of the land described in said deed, 716.64 feet to the most Southerly corner thereof, said point also being the most: Easterly comer of the land described in the deed to . Valley Pipe Line Company, a corporation recorded July 7, 1936 in.Book.197,. Page 253 of Official Records; thence North. l7°30' West along the. Westerly .line of the land described in the deed, to Standard Oil Company of California, a Delaware corporation, 508.35 feet; thence leaving said Westerly line North 72°30' East, 632.26 feet; thence South 17°30' East, 17.0.99 feet to the true point of beginning. EXCEPTING therefrom'a right of way for road purposes with the right to construct, maintain, repair, grade and drain said road (but with no obligation on the part of Grantor to construct, maintain, repair, grade or drain said road); the . right of way from time to time .to lay, construct, reconstruct, replace, renew, repair, maintain, operate, change the size of, increase the number of and remove pipe lines and appurtenances thereof, for the transportation of oil, petroleum, gas, gasoline, water or other substances; and to construct, maintain, operate, . repair, renew, add to and remove poles and overhead and underground wires, conductors, cables and conduits, and.. appurtenances thereof, with the right to trim trees or portions thereof overhanging the strip of land.hereinafter described when necessary or proper in the exercise of the foregoing rights; and with the finther right of ingress and egress to and from the same over and through, under or along the land .conveyed by this deed; provided, however, that said road and all pipe, poles, wires, conductors, cables and conduits, and. appurtenances thereof, which are laid or constructed by virtue of this exception and reservation shall be located within a strip of land 20 feet wide lying Easterly and parallel with and immediately adjacent to. the Westerly boundary he of the above described lands and shall extend from the Northerly to the Southerly boundary lines thereof. .Page 2 of 2 Exhibit "C" E n u Exhibit B-7 RESOLUTION NO. 49-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE EXECUTION OF THE CONTRACT AMENDMENT TO CONTRACT 96-STBG-1021 A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG). THE CITY COUNCIL City of Morro Bay, California WHEREAS, on November 18, 1996 the City of Morro Bay received a Community Development Block Grant (CDBG) in the amount of $500,000 towards the development of twelve (12) affordable housing units to be located at 365 Sequoia Court; and WHEREAS, the grant agreement was due to terminate on April 30, 1999; and WHEREAS, the City, based on unforeseen delays, requested a 60 day extension to the grant agreement; and WHEREAS, the State of California Community Development Block Grant Program • Manager has authorized the extension. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California that the City Manager is authorized to execute the amendment to Standard Agreement No. 96-STBG-1021 as noted on the attachment. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of June, 1999, by the following roll call vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None glnAND RSON, Mayor ATTEST: • BRIDGET AUER, City Clerk TATE OF CALIFORNIA STANDARD AGREEMENT- APPROVED BY THE CONTRACTNUMBER AM. NO. ATTORNEY GENERAL SM. z (REv.s-e,) 96-STBG-1021 1 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER i HIS AGREEMENT, made and entered into this 6N day of April99 19 n t0te of California, by and between State of California, through its duly elected or appointed, qualified and acting ITLE OF OFFICER ACTING FOR STATE Director City of Morro Department of Housing and hereafter called the Stale, and hereafter called the Contractor. VITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, toes hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, ime for performance or completion, and attach plans and specifications, if any.) Standard Agreement No. 96-STBG- 102 1, made and entered into August 1, 1996 between the Department of Housing and Community Development and the City of Morro Bay, is hereby amended as follows: Paragraph #2, "Term" of the original agreement is hereby deleted and replaced with a new paragraph 12, "Term". Term: The effective date of this agreement is November 18, 1996. This agreement shall terminate on June 30, 1999. Page 7 of 9 has been deleted in its entirety and replaced with a new page 7 of 9 as attached hereto and incorporated herein. Attachment A page 1 of 2 has been deleted in its entirety and replaced with a new Attachment A page 1 of 2 as attached hereto and incorporated herein. All other terms and conditions remain as set forth in the original agreement. • :ONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement N WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR GENCY CONTRACTOR(11 Ww Men w iMAiduat state weftw a OmjP fien, pdnenhj% efc) Department of Housing & Community Development City of Morro Bay .Y (AUTHORIZED SIGNATURE) BV ( HORI D SIG > D RWTED NAME OF PERSON SIGNING PRIN ME AND TI E PF ERSON SIGNING Dennis L. Montgomery David J. Cole, Cityst)IN al, TLE ADDRESS Manager, Business Management Branch 595 Harbor Street, Moro Bay, California 93442 -AOUNT ENCUMBERED BY THIS PROGRAMtCATEGORY (CODE AND TITLE) FUND TITLE Department of General Services OCUMENT 20 FTF Use Only (OPTIONAL USE) Federal Funds -CDBG FCN 14.228 AIOR AMOUNT ENCUMBERED FOR 11S CONTRACT ITEM CHAPTER STATUTE FISCAL YEAR 2240-101-0890 162 1996 1996/97 )TAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE) ATE S 000.00 2207/46001; $500,000.00 Grant - Governmental 661702 I here y certify upon my own personal knowledge that budgeted funds T.B.A. NO. B.R. NO. are available for the period and purpose of the expenditure stated above. .+ URE OF ACCOUNT FICER DATE > 17 q CONTRACYOR STATE AGENCY U DEPT. OF GEN. SER. ❑ CONTROLLER I I iTATE OF CALIFORNIA STT�A]NDPP.�A�,�rrRDD AGREEMENT ;TUJt,ftf;MlJ D'6y '•' 96-STBG-1021, Am. #1 • Page 2 of 2 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. 'rhe State may terminate this agree men tand be relieved oft lie payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is of the essence in this agreement. fi. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. City of Morro Bay 96-STBG-1021, Am #1 Page 7 of 9 • and disencumbrance of funds awarded. The Grantee's audit completion plan is subject to prior review and approval by the State. b. Grantee agrees that the Department of Housing and Community Development (HCD) or its delegatee will have the right to review, obtain, and copy all records pertaining to performance of the contract. Grantee agrees to provide HCD or its delegatee with any relevant information requested and shall permit HCD or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with PCC § 101 15 et seq., GC § 8546.7 and 2 CCR § 1896.60 et seq. Grantee further agrees to maintain such records for a period of three (3) years after final payment under the contract. Grantee shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in PCC § 10115.10. C. An expenditure which is not authorized by this agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the State or its designee by the Grantee. Expenditures for grant activities not described in Attachment C shall be deemed authorized if the performance of such grant activity is approved in writing by the State prior to the commencement of such grant activity. • d. Absent fraud or mistake on the part of the State, the determination by the State of the allowability of any expenditures shall be final. e. Pursuant to OMB Circular A-133, the Grantee shall perform an annual audit at the close of each fiscal year in which this agreement is in effect. Audit costs for this agreement are a general administration expense and are subject to the general administration expenditure limits associated with this agreement. The costs of the CDBG-related portion of the audit may be charged to the program in accordance with Public Law 98-502, OMB Circular A-133 and Section 7122 of Title 25 California Code of Regulations. Notwithstanding the foregoing, the Department will not reimburse the Grantee for any audit cost incurred after the expiration date of this agreement. f. The audit shall be performed by a qualified State, local or independent auditor. The contract for audit shall include a clause which permits access by the State to the independent auditor's working papers. g. If there are audit findings, the Grantee must submit a detailed response to the State for each audit finding. The State will review the response and, if it agrees with the response, the audit process ends and the State will notify the Grantee in writing. If the State is not in agreement, the Grantee will be contacted in writing and told what corrective actions must be taken. This action could include the repayment of disallowed costs or other remediation. h. The State shall not approve any expenditures for the audit prior to receiving an acceptable • audit report. i. If so directed by the State upon termination of this agreement, the Grantee shall cause all records, accounts, documentation and all other materials relevant to the grant activity to be delivered to the State as depository. City of Morro Bay 96-STBG-1021, Am #1 Attachment A • Compliance Requirements -State Laws Regulations Page 1 of 2 Drug -Free Workplace/Certification By signing this contract, the contractor or grantee hereby certifies under penalty of perjury under the laws of the State of California that the contractor or grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug - free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The person's or organization's policy of maintaining a drug -free workplace; 3. Any available counseling, rehabilitation, and employee assistance programs; and, 4. Penalties that may be imposed upon employees for drug abuse violations. C. Every employee who works on the proposed contract will: is1. Receive a copy of the company's drug -free workplace policy statement; and 2. Agree to abide by the terms of the company's statement as a condition of employment on the contract. 2. Nondiscrimination Clause a. During the performance of this agreement, the Grantee and its contractors and subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave. The Grantee and its contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. • RESOLUTION NO.48-99 • AUTHORIZING APPROVAL OF A NEW 5 YEAR LEASE AGREEMENT FOR MOORING ZONE AI-4 WITH MORRO BAY MARINA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property in the Morro Bay harbor described as Mooring Zone Al-4; and, WHEREAS, the Morro Bay Municipal Code designates portions of Mooring "Zone Al-4 be leased to a private operator; and, WHEREAS, Morro Bay.Marina has been an acceptable tenant of said Mooring Zone for over 15 years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay does hereby approve a five (5) year lease of Mooring Zone Al-4 to Morro Bay Marina; and, BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said lease agreement on behalf 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 14" . day of June, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None BRIDGET613AUER, 9 LEASE THIS LEASE is made and entered into by and between the CITY OF MORRO BAY, a •municipal corporation of the State of California hereinafter called CITY, and Morro Bay Marina, a California General Partnership consisting of Robert Waterman, Don Appling and Carol Tropp, dba Marina Square, hereinafter called TENANT. WITNESSETH WHEREAS, the State of California granted certain tide and submerged lands located within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874, Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes may be amended from time to. time by the Legislature of. the State of California; all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and WHEREAS, the parties hereto recognize and agree that -on July 17, 1964, the CITY, lessor herein, succeeded to all of the right, title and interest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and WHEREAS, judgment has been, entered on October 14, 1968, in the case of the CITY, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, #30417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the State of California to the County of San Luis Obispo in .trust, as set forth above, passed •automatically to the CITY upon the date of its incorporation as a city on the 17th day of July, 1964;and WHEREAS, TENANT accepts this 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 the 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 "the premises" or "said premises", in the City of Morro Bay, County of San Luis Obispo, State of California, described as follows: Mooring Zone A1-4 as delineated on Diagram 15.28.020 codified in and made a part of chapter 15.28 of the Morro Bay Municipal Code.Such map as approved and adopted byresolution of the City Council. (Ord. 119 § 1 (part), 1974: prior code § 9406.2). Said premises consisting of an area sufficient to accommodate twenty three moorings with a minimum swing radius of fifty feet 2 A copy of the diagram incorporated in Section 15.28.020 of the Morro Bay Municipal Code indicating said premises is attached hereto as Exhibit A and made a part hereof by . reference. Article I FIXED TERM Section 1.01 Term The term of this Lease shall be a period of five' (5) years, commencing July 1, 1999 and terminating without notice on June 30, 2004, unless sooner terminated as herein provided. 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 CITYwith 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 premises after the expiration of the term of this Lease with the consent_ of the CITY, express or implied, such holding over (in the absence of a written agreement between CITY and TENANT with respect.thereto) shall be deemed to create a' tenancy from month to month, terminable on thirty (30) days written notice from either party to the other, at a monthly rental equal to twice one -twelfth (1/12) of the total minimum and percentage rental for the preceding twelve (12) months (equal to 1/6 annual rent per month), and otherwise subject to each and every term, covenant and condition of this Lease. TENANT shall indemnify and hold CITY harmless from any and all loss or liability, including, but not limited to, claims of succeeding tenants, resulting from TENANT's failure to surrender possession of the demise 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, an annual rental for the use and occupancy of said premises of Thirteen Thousand Eight Hundred Eighty Five Dollars ($13,885.00) per year payable in advance in equal semiannual installments on the first days of January and July of each year, commencing July 1, 1999 and adjusted annually as shown in Section 2.02 hereof. 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 as CITY may from. time to time designate by written notice delivered to TENANT. Section 2.02 Annual CPI Adlustment to Minimum Rent The parties agree that on the first day of July, 2000 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, 1999, which is hereby agreed to be 164.2. The Consumer Price Index referred to herein is the Consumer Price Index (all items indices, all urban consumers) for Los Angeles - Anaheim - Riverside, California, • • • • 0 3 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 the twelve months ending December 31st of such year. The minimum annual rental shall be adjusted once each year on July 1, and will remain in effect as adjusted through June 30 of the following year, at which time it will be readjusted ,(By way of illustration only, if the Index was 130 on January 1, 1986 and the average monthly Index from January 1986 through December 1986 equals 136 then the percentage increase is 4.62%. Therefore the minimum guarantee annual rental then being paid by TENANT would be increased by 4.62% commencing July 1, 1987 and continuing at that rate until June 30, 1988.) If the United States Department of Labor, Bureau of Labor Statistics, shall 'cease to compile and make public the Index as now constituted and issued, but shall substitute another index in its place, then said substituted index shall be used for the purpose of adjusting the minimum rental for the premises. Section 2.03 Penalty and Interest A. If any rent is not received within ten days following the date of receipt by TENANT of written notice of such rent being past due and payable, 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 fractionthereof or the maximum amount permitted by law, whichever is greater, on the amount of the rent, exclusive of the penalty,from the date on which rent first.became delinquent until paid. The term "rent" includes any sums advanced by the CITY and any unpaid - amounts due from TENANT to the CITY. Article 3 USE OF PREMISES Section 3.01 Pertnfited Use Said premises shall, during the term of this Lease, be used for the purpose of. operating and conducting thereon and therein the following: - Installation and operation of a mooring facility consisting of individual moorings and for uses normally incident to and directly alliedto such purpose and for no other purpose. . Section 3.02 Unauthorized Use TENANT agrees to allow only those uses authorized in Section 3.01 herein above and agrees that any unauthorized use of the premises shall constitute a breach of this Lease 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 or 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. 4 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 Lease and shall, at the option of CITY, terminate this Lease. Section 3.04 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 C]TY pursuant to the grants from the State of California as set forth hereinabove. Section 3.05 Compliance with Law . TENANT shall, at its 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. TENANT shall not allow liveaboard use of any vessel on said premises in excess of sixty (60) days in any twelve month period without the vessel owner first obtaining a liveaboard permit in compliance with the City's Vessel Habitation Ordinance. 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 conclusiveof that fact as between CITY and TENANT. Section 3.06 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 peril_ t the use of said premises for any unlawful purpose. Article 4 CONSTRUCTION, ALTERATION.AND REPAIRS Section 4.01 Construction Approval TENANT shall not make or permit any other person to make any alterations or structural additions or structural modifications to said premises or. to any structure thereon or facility appurtenant thereto if the cost thereof shall exceed five thousand ($5,000) dollars, without the written consent of CITY fast had and obtained as follows: Prior to the commencement of any phase of future construction, TENANT shall submit to the Mono Bay Planning Department for approval and recommendation to the CITY Council, a development and improvement plan for the premises which shall provide for the full and complete development of the premises, showing all facilities, structures, landscaping or other improvements to be constructed or installed on each portion of the 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. .• • 0 s Where required by the Morro Bay Municipal Code, California Coastal Act, Corps of Engiaeers'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 obtained prior to any construction, alteration or repairs. Section 4.02 Construction Bond Prior to the commencement of any construction on the premises or any structure thereon or facility appurtenant thereto, the cost of which is greater than the amount of $10,0001 TENANT shell 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 the construction. Said estimate must be submitted to the CITY Engineer for approval. TENANT shall file with the Moran 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 its contractor in the completion of said construction. TENANT shall also file with the Morro Bay CITY Clerk a labor and materials bond, in a foim 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 famishing 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 io guarantee the completion of said construction. In the event TENANT's contractor bonds the project in the amount set forth in this Section 4.02 it 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 famished to said premises. TENANT further agrees at all times to defend, indemnify and hold CITY harmless from any end all liability, loss, damage, costs and expenses (including without limitation attorney's fees and settlement costs). arising out of or related to any and @@,claims for labor or materials in connection with any improvements, repairs, or alterations on the premises. 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 premises. 6 . The parties further agree that CITY also has the option and right to requiree TENANT to • remove all structures, facilities, installations, improvements of any kind or other property belonging to or placed upon the premises by TENANT at the termination of this Lease, however occurring; provided CITY gives notice, in writing, no later than 30 days prior to the termination of the Lease, of its decision to require that such structures, facilities, installations, improvements or other property be removed. If CITY exercises such option and TENANT fails to remove such structures, facilities, installations or other property improvements within 60 daysafter the termination of this Lease, CITY shall have the right to have such structures, facilities, installations, improvements installations or other property improvements removed at the expense of TENANT. If neither TENANT nor CITY exercise its option to remove or require the removal any of the structures, facilities, installations and property improvements, then title to such ' structures, facilities, installations, and property improvements shall vest in CITY and TENANT shall not remove same. Article 5 HYPOTHECATION OF LEASE CITY shall not be responsible for notifying any lien or security interest holder in the premises of any default in the performance of the Lease by TENANT unless the lien or security interest holder shall have previously registered with and notified CITY of such lien or security interest and filed with the City Clerk a copy of same. Article 6 REPAIRS,. MAINTENANCE AND RESTORATION Section 6.01 Maintenance by TENANT • At all times during the term of this Lease, TENANT shall, at TENANT's own cost and expense, keep and maintain said premises and all improvements now or hereafter on said premises in good order and repair and in a safe and clean condition, including, without limitation maintenance and inspection of all, mooring gear and tackle as required by CITY. Furthermore, TENANT shall, at. TENANT's own cost and expense, maintain at all times during the term of " this Lease the whole of said premises, as well as any improvements, landscaping, or facilities ''- thereon, in a clean, sanitary, neat, tidy, orderly and attractive condition. -. CITY may, at the sole option of CITY, upon fifteen (15) days written notice to TENANT, clean and clear said premises or remove and store any individual mooring site, mooring gear and tackle, at TENANT's cost and expense, in the event TENANT fails to maintain the premises or " . the mooring gear and tackle as required under this Section 6.01. Section 6.02 Requirements of Govemmental Agencies At all times during the term of this Lease, TENANT, at TENANT's own cost and expense, shall: ." (1) Make all alterations, additions, or repairs to said premises or the improvements or facilities on said premises required by any valid law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, city or other . governmental agency or entity; (2) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or hereafter made or issued respecting said premises or the improvements or • facilities located thereon; - (3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law " prior to the instigation of any repair or maintenance activity; and E • • 7 (4) . Defend, indemnify and hold CITY and the property of CITY, including said premises, free and batmless from any and all liability, loss, damages, fines, penalties, claims and actions resulting from TENANT's failme.to comply with and/or perform the requirements of this Section 6.02. Section 6.03 Failure to Repair In the event TENANT's failure to repair the premises 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 premises until such repays 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 6.04 TENANT'S Duty to Restore Premises Should, at any time during the term of this Lease, any buildings orimprovementsnow or hereafter on said premises be destroyed in whole or in pan by fire, theft, the elements, or any other cause not the fault of CITY, this Lease shall continue in full force and effect and TENANT, at TENANT'S own cost and expense, shall repair and restore the damaged or destroyed building, buildings, improvement, or improvements according to the original plan thereof or according to such modified plans therefor as shall be approved in writing by CITY. The work of repair and restoration shall be commenced by TENANT within one hundred eighty (186) 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 6.05 Inspection by CITY TENANT shall permit CTTY and CITY's agents, representatives, and employees, to enter said premises at all reasonable times for the purpose of inspecting said premises to determine whether TENANT is complyingwith the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect CTTY's interest in said premises under this Lease or to perform CITY's duties under this Lease. Section 6.06 Option to Terminate Lease for Destruction' Notwithstanding Section 6.04 hereof, TENANT shall have the option of terminating this Lease on the last calendar day of any month by giving CITY at least thirty (30) days prior written notice of TENANT' intent to do so and by removing, at TENANT' own cost and expense, all debris and remains of the damaged improvements from said premises where: (1) Any building or improvement now or hereafter on said premises is 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 it cannot be repaired and restored as required by Section 6.04 hereof 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 it cannot be repaired and restored as required by Section 6.04 hereof at a cost not exceeding fifteen (15) percent of . the cost of replacing all buildings and improvements if totally destroyedthen, immediately preceding the calamity damnging or destroying the damaged or destroyed buildings or improvements, located on said premises. Section 6.07 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 6.04 hereof; provided, however, that should TENANT exercise the option given.TENANT by Section 6.06 hereof 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 any obligation secured by said premises and the, discharge of said premises from any then outstanding encumbrance or encumbrances incurred by TENANT pursuant to Article 5 hereof; and . (2) Then the balance of the proceeds, if any, shall be paid to CITY to compensate CITY for the loss to its fee estate in the damaged or destroyed buildings or improvements. Article 7 INDEMNITY AND INSURANCE Section 7.01 Indemnity Agreement TENANT shall defend, indemnify and hold CITY and the property of CITY, including said premises and any buildings or improvements now or hereafter on said premises, free and harmless from any and all liability,.claims, loss, damages, or expenses resulting from TENANT's occupation or use of said premises, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of (1) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or the damage to or destruction of any property, including property owned by TENANT or by any person who is an employee or agent of TENANT, from any cause whatever while such person or property is in or on said premises or in any way connected with said premises or with any of the improvements or personal property on said premises; (2) The death or injury of.any person, including TENANT or any person who is an employee or agent of TENANT, or the damageto or destruction of any property, including property owned by TENANT or any person who is an employee or agent of TENANT, caused or allegedly caused by either (a) the condition of said premises or some building or improvement on said premises, or (b) some act or omission on said premises by TENANT or any person in, on, or about said premises with or without the permission and consent of TENANT; • • • 9 (3) Any work performed on said premises or materials famished to said premises at the instance or request of TENANT or any person or entity acting for or on behalf of TENANT. (4) TENANT's failure to perform its obligations under any provision of this Lease, or to comply with any requirement of law or any requirement imposed on TENANT or said premises by any duly authorized governmental agency or political subdivision. Section 7.02 Liability Insurance TENANT shall at TENANT's own cost and expense, secure promptly after the execution of this Lease and.maintnin during the entire term of this Lease a broad form comprehensive coverage policy or policies of comprehensive general public liability, .TENANT's business automobile coverage and property damage insurance, each with the combined single limit of not less than $1,000,000.00 issued by an insurance company acceptable to CITY and authorized to issue liability insurance, in California, and which shall list CITY as the named primary additional insured, without offset to CITY's ,policies, as respects. all operations of TENANT. Any deductibles or self -insured retentions must be declared to and approved by CITY. The terms of said policies may be for such period as shall be designated by TENANT; provided however, that at least two (2) months prior to the expiration date of such insurance terns, TENANT shall procure other. policies of said insurance so that between the execution of this Lease and throughout the entire Lease term or any renewal thereof, or until the sooner termination hereof, CITY, its officials, employees; agents and volunteers shall always be named as primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance,.in accordance with the foregoing. CITY may at any time require TENANT to increase the minimum coverage limits for insurance required by this Lease, but every such increase shall be reasonable under the circumstances and in no event shall such increases mom than double in any ten year period, except as required in Section 7.04. Section 7.03 Worker's Compensation - TENANT shall maintain, at TENANT's own cost and expense and keep in fult force and effect during the term of this Lease, Worker's Compensation Insurance as provided by law. Said insurance shall contain a waiver provision of subrogation rights against CITY. Section 7.04 Fire and Casualty Insurance TENANT shall, at TENANT's own cost and expense, at all times during the term of this Lease, keep all buildings, improvements, and other structures on said premises, as well as any and all additions thereto, insured for ninety (90) percent of their full insurable value by insurance companies authorized to issue such insurance in California against loss or destruction by fire and the perils commonly covered under the standard and special form endorsement to fire insurance policies in the CITY. Any loss payable under such insurance shall be payable to TENANT, CITY, and any lender under any encumbrance incurred by TENANT pursuant to Article 5 of this Lease, as their interests may appear. Any proceeds received because of a loss covered by such insurance shall be used and applied in the manner required by Section 6.07 of this Lease. 10 Section 7.05 Specific Perils to be Insured • Notwithstanding anything tothe contrary contained in Section 7.04 hereof, the insurance required- by Section 7.04 shall, whether or not included in the standard extended coverage endorsement mentioned in Section 7.04, insure all buildings, improvements, and other structures on said premises, as well as any and all additions thereto, against loss or destruction by water damage; windstorm, cyclone, tornado, hail, . explosion, riot, riot attending a strike, civil commotion, malicious mischief; vandalism, aircraft, fire, smoke damage, and sprinkler leakage. . Furthermore, during the construction of any building project described in Article 4, the insurance required by Section 7.04 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 any building project for their full insurable value. Section 7.06 Deposit of Insurance with CITY TENANT snail, within ten (10) days after the execution of this Lease and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to CITY a true and correct copy of an insurance binder and within 45 days deliver to CITY a true and correct copy of each insurance policy required by this Article 7 and an endorsement to the policy and a certificate executed by the insurance company or companies or their authorized agent evidencing such policy or policies. Section 7.07 Notice of Cancellation of Insurance Each insurance policy required by this Article 7 shall contain a provision that it cannot be • canceled for any reason nor can the coverage or limits be reduced unless ten (10).days prior written notice of the cancellation or reduction is given to CITY in the manner required by this Lease for service of notices on CITY by TENANT. Section 7.08 No Subrogation Each insurance- policy required under this Lease, including .without limitation those insuring TENANT against claims, expenses, or liability for injury to persons or property, shall provide that the insurer shall not acquire by subrogation any right to recovery which TENANT has expressly waived in writing prior to the occurrence of the loss. TENANT hereby waives any right of recovery against CITY for each such claim, expense, liability,.or business interruption. TENANT agrees that if TENANT fails to acquire such insurance TENANT shall not have a claim against CITY for loss of fixtures or inventory or business interruption. - Article 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 premises by reason of this Lease or of any equipment, appliances, improvements, or other development of any nature whatsoever, erected, installed, or maintained by TENANT or by reason of the business or other activity of TENANT upon or in connection with said premises. TENANT shall pay all possessory interest taxes applicable to the 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 of TENANT, including without limitation construction upon the premises. • u • Section 8.03 Utilities TENANT shall pay, or cause to be paid, and shall defend, indemnify and hold CITY, and the property of CITY including, without limitation said premises, free and harmless from all charges for the famishing of gas, water, electricity, telephone service, and for other public utilities to said premises during the term of this Lease and for the removal of garbage and rubbish from said premises during the term of this Lease. Article 9 CONDEMNATION Section 9.01 Total Condemnation If title and possession to all of the premises is taken for any public or quasi -public use under any statute, or by the right of eminent domain, then this Lease shall terminate on the date that possession of the premises is taken, and both CITY and TENANT shall .thereafter be - released from, all, obligations,.including without limitation, rent (which shall be prorated to the date of termination), except those specified in Section 9.02 hereof. 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 an claim of TENANT or any y person claimingrights to said premises through or under TENANT. - (2) All compensation or damages awarded or payable which is specifically attributed by the taking party to the "good will" of TENANT's business shall be paid to and be the sole. property of TENANT. - (3) All compensation or, damages awarded or payable because of any improvements . constructed or located on the portion of said premises taken by eminent domain, where only a portion of said premises is taken by eminent domain and TENANT is not entitled to or does not terminate this Lease pursuant to Section 9.03 hereof shall be applied in the manner specified in Section 9.04 hereof towardthe 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 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 k 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. . 12 . (c) The term "time of taking'.' as used in this subparagraph shall mean 12:01 am. • on, 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 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 3rd to 4th years of the term of this Lease; . :..;..�..:;. ;. and - (c) The sole and separate property of CITY during the last (not applicable) years of the term of this Lease.. Section 9.03 Termination for Partial Taking is 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 rightofeminent domain, TENANT may, at TENANT's option, terminate this Lease by serving written notice of termination on CITY within ninety (90) days after TENANT has been deprived of actual • physical possession of the portion of said premises taken for such public use. This Lease shall ' terminate on the first day of the calendar month following the calendar month in which the notice of termination described in this section is served. on CITY. On termination of this Lease pursuant to this Section, all subleases and subtenancies 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 subleases and subtenancies; provided, however, ' that CITY may, at CITY's option, by mailing written notice to a subtenant allow any subtenant ... - 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 under this Lease, except those specified in Section 9.02 hereof. Section 9.04 Rent Abatement for Partial Taking _ Should, during the term of this Lease, title and possession of only a portion of said premises be taken under the power of eminent domain by any public or quasi -public agency or entity and TENANT does not terminate this Lease, then this Lease shall terminate as to the portion of said premises taken under eminent domain on the date actual physical possession of the portion taken by eminent domain is taken by the agency or entity exercising the eminent domain power. Furthermore, the rent payable under this Lease shall, as of that time, be reduced in the same proportion that the value of the portion of said premises taken by eminent domain bears to the full value of said premises at that time; provided, however, that TENANT shall replace any improvements or facilities with equivalent new facilities on the remaining portion of said premises and do all other acts at TENANT'S own cost and expense required by the eminent • domain taking to make the remaining portion of said premises fit for the use specified in this Lease. R. ... .' 13 • Section 9.05 Conveyance In Lieu of Eminent Domain A voluntary conveyance by CITY, with the consent of TENANT, of title to all or a portion of said premises to a public or quasi -public agency or entity in lieu of and under threat by such agency or entity to take the same by eminent domain proceedings shall be considered a taking of title to all or such portion of said premises under the power of eminent domain subject . to the provisions of this Article. Article 10 ASSIGNMENT AND SUBLEASING Section 10.01 No Assignment Without CITY'S Consent Except as provided in Section 10.02 hereof, 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 - c 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 transfet_by TENANT without the prior written consent of CITY, whether it _ be voluntary ryor 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 its approval to the assignment or transfer of this Lease to an assignee who is financially reliable and qualified to, conduct the business for which this Lease was - granted. It is mutually agreed that the personal qualifications of the person named herein as ..' TENANT is a part of theconsidemtionfor granting of this Lease and said party does hereby •-r�,+. agree to maintain active control and supervision of the operation conducted on said premises. Section 10.02 Transfer of Stock as Assignment Should TENANT be a corporation, an unincorporated association, or a partnership, or . should TENANT's interest in this Lease be assigned to a corporation, an unincorporated association, or a partnership, pursuant to Section 10.01 hereof any transfer or assignment of any stock or interest in the corporation totaling in the aggiegate 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 of 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. Section 10.03 Application for Assignment A condition of an assignment shall be that TENANT file with the CITY an application to - assign the Lease prepared by the prospective assignee. Concurrently with filing the application, TENANT shall pay a fee in cash or certified or cashier's check to enable CITY adequately to investigate the proposed assignee's qualifications as a permitted assignee.. CITY shall not be - required to account for the use of the sum paid. If the proposed assignee's net worth on the date of assignment is not sufficient to reasonably guarantee successful operation of the 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 generally accepted accounting - principles, as approved by CITY's auditor or other authorized representative or agent of CITY. 14 Section 10.04 Probate Transfer or Assignment • Nothing herein contained will prevent the transfer of this Lease by -will, or by operation of law under the intestacy provisions of the California Code as it may from time to time be amended., Probate sale of the leasehold interest will not be permitted without the consent of the CITY, evidenced by resolution first had and obtained Section 10.05 No Sublease Without CITY'S Consent TENANT shall not sub -Lease the whole nor any part of the premises, or suffer any other person (the agents and employees of TENANT excepted) to occupy or. use the 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 shall not be deemed to be a consent to any subsequent subletting, occupation, or use. Any such subletting without CITY's written consent shall be void, and shall at CITY's option, terminate this Lease. City shall not unreasonably nor arbitrarily withhold its consent to one who is qualified and financially reliable. Section 10.06- Term of Sublease In no event shall the term of any sublease extend beyond the term of this Lease. Termination of this Lease prior to the expiration of this Lease term shall also terminate any and . all subleases; provided, however, that CITY may, at CITY's option by mailing written notice to a sub -tenant, allow any sub -tenant to attom to CITY and continue his or her occupancy on said premises as a tenant of CITY. Section 10.07 Sub -Tenant Subject to Lease Terms Any and all sub -leases shall be expressly made subject to all the terms, covenants, and conditions of this Lease. A breach of the terms of this Lease by a sub -tenant or sub -lessee shall constitute a breach on the part of TENANT and shall subject both. the sub -tenant and TENANT to all the remedies. provided to CITY herein and by law. - Failure to.report and pay the agreed percentage of gross sales as provided herein by any sub -tenant shall constitute a breach of this Lease. TENANT hereby agrees to and does guarantee payment of such percentage rentals due by a sub -tenant under the terms of this Lease. Section 10.08 Consent Form Aareement Prior to any consent by CITY to any sub -Lease hereof, TENANT shall cause to be executed between TENANT and any sub -lessee an agreement making the CITY a third parry 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 this Lease shall be deemed to be a violation by, TENANT of this Lease and that all remedies of CITY for such violation, including without limitation termination of this Lease, shall immediately be enforceable by CITY against TENANT. Further, it is agreed that TENANT must apply any and all moneys received from any sub -tenant first to the payment of obligations of the TENANT to CITY. • J • • • 15 Section 10.09 TENANT Remains Liable Prior to approval by CITY to any, sub -Lease hereof, TENANT shall agree to be jointly and severally liable to CITY for all obligations due CITY by any sub -lessee, including the payment of rents, and TENANT shall agree that CITY may proceed directly against TENANT for any obligation owing CITY by any sublessee. 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, moorings, 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 ITENANT's right to possession of said premises, in which event CITY shall be entitled to enforce all CITY's rights and remedies under this Lease including without limitation the right to recover the rent specified in this Lease as it becomes due. Section 11.02 Termination for Breach by TENANT All covenants and agreements contained in this Lease are declared to be condition's to this Lease. 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.. 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 premises subject to any applicable 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. In the event of such termination, TENANT shall have no further right or claim thereto and CITY shall immediately thereupon have the right to and take possession of the premises subject to any applicable legal process. Section 11.04 Beneficiary May Cure Default CITY shall afford the beneficiary in any security instrument of record with CITY on the premises the right to cure any default by TENANT of the covenants, conditions, or agreements hereof, within the periods set forth in Sections 11.02 and 11.03 hereof, which said periods shall be computed from the date said notice is mailed by the CITY to said beneficiary, by certified mail. 16 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 any. default by TENANT or enforcement of any of the terms, conditions, and covenants of this Lease, even though not resulting in an action in court, TENANT shall pay reasonable attorney's fees as reimbursement to CITY. Non-payment of attorneys' fees by TENANT within (3) days of written notice thereof, 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 tined 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 any award in such action 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 any award in such action 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 its 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. ... 17 • 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 party 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 shall be served or delivered to the CITY Clerk of the CITY of .Morro Bay, City Hall, Morro Bay, California. Any notice or demand to TENANT shall be served or delivered to: Morro. Bay Marina. . PO Box 458 Exeter CA 93221 Such addresses may be changed by written notice by either party to the other party in accordance with the provisions of this Section 12.02.. • Section 12.03 Govemina Law This Lease, and all matters relating to this Lease, shall be governed by the laws of the State of California, as such laws are applied to contracts entered into and performed entirely in California by California residents. Section 12.04 Bindina on Heirs and Successors . .. Subject to the provisions herein relating to assignment and subletting, each and all of the . - terms, 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. Section 12.06 Joint -Several Liability . In the event that TENANT is comprised of one or more individuals or entities, each such individual and entity shall be jointly and severally liable for all of TENANf's obligations under . this Lease. .. .. Section 12.06 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 to Section 12.07 Entire Aareement • This instrument constitutes the full, complete and exclusive agreement between CITY and TENANT respecting said premises and the leasing of said premises to TENANT and correctly sets foith the obligation of CITY and TENANT to each other as of this 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. Section 12.08 Modification `- This Lease shall not be modified, amended or altered 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 Lease. may not be modified by oral statements by any person representing the CITY, including without limitation the MAYOR and CITY CLERK. TENANT specifically agrees not to rely on oral statements, purported oral waivers, or purposed oral modifications and agrees not to rely upon purported written modifications unless they meet the requirements of this Section 12.08 and are approved in writing pursuant to formal City Council action and a subsequent written modification signed by the MAYOR and CITY CLERK Section 12.09 Time of Essence Time is expressly declared to be of the essence to this Lease. Section 12.10 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. Any such memorandum or "short form" of this Lease shall . describe the parties, CITY and TENANT, set forth a description of the premises, specify the term of this Lease, and shall incorporate this Lease by reference. Section 12.11 Termination for Nuclear Disaster This Lease may be terminated by TENANT by ten (10) day written notice in the event of a nuclear explosion or leak of substantial nature of the Diablo Nuclear Power Plant or a declaration of war by the United States of America Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE . The following provisions apply to this Lease only: Section 13.01 Termination of Prior Lease On September 28, 1994 the CITY executed a five year lease agreement with Morro Bay . Marina for operation of Mooring Zone Al-4. The parties hereto mutually agree that the Lease •���': '- approved by the City Council on September 28, 1994. is hereby terminated in its entirety ;:li . effective July 1, 1999. • �..�:..: '.. � .' .:.5..".: '. ♦'ice, • • 19 Section 13.02 Modification of Lease Site Boundary Lines and/or Termination of Lease Notwithstanding th e specific description of the. location of the premises contained in paragraph 8, page 1 hereof, in the event that circumstances (including both natural circumstances and action by CITY or other government agencies, such as the re -alignment of the navigable channel, dredging operations, or the implementation of an adopted Harbor Plan) reduce the area or depth of water, said description of the premises may be modified by CITY to insure that twenty six (26) moorings remain functional. All costs and expenses of moving the mooring equipment or other property of TENANT shall be bome by TENANT. If such relocation is physically or economically non -feasible or if CITY fails to modify the description of the premises within sixty (60) days after TENANT's request therefor, then the rent payable by TENANT shall be reduced by an amount equal to the percentage of moorings determined by CITY in its sole discretion, to be no longer usable. CITY reserves the right to terminate this Lease without other cause and*without reimbursement to TENANT in the event such relocation is not physically or economically feasible. In the event of such early termination, TENANT waives any claims against CITY by reason of such termination, the loss of use of the premises, loss of profits under this Lease or any and all other damages TENANT might incur. CITY shall bear the costs and expenses of removing moorings, tackle and other property of TENANT from the mooring site to the shore in the event CITY fails to provide substitute moorings sites or completely terminates this Lease as a result of an adopted Harbor Plan. Section 13.03 City Specifications Installation, maintenance and inspection of moorings shall be in accordance with and subject to CITY specifications and conditions as -detailed in the Mono Hay Municipal Code as amended from time to time. Installation, maintenance and inspection costs shall be at the expense of TENANT. Each mooting shall be inspected for general condition and safety at a frequency approved by CITY and by a qualified person hired by TENANT and approved by CITY. EXECUTED at. ` o County, California. CITY OF MORRO BAY ATTEST: DON APPL APPROVED AS TO FORM:: Wa .�. ■` �. • RESOLUTION NO.47-99 APPROVAL OF A LEASE AGREEMENT FOR THE EXTENSION AREA OF LEASE SITE 150, JOINTLY OWNED BY THE CITY OF MORRO BAY AND THE CAYUCOS SANITARY DISTRICT, WITH KAISER MATERIALS CORPORATION (HANSON AGGREGATES) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and the Cayucos Sanitary District are the lessors of certain property in the Morro Bay described as the Extension Area of Lease Site 150; and, WHEREAS, Kaiser Materials Corporation entered into a Lease Agreement for use of said property in June, 1998 which expires on June 23, 1999; and WHEREAS, a new one year lease with Kaiser Materials Corporation (Hanson Aggregates) for said property has been submitted which allows for termination of the lease at any time by the lessor upon 30 days written notice; and, WHEREAS, said lease agreement was approved by the Cayucos Sanitary District at their meeting.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the lease agreement with Kaiser Materials Corporation (Hanson Aggregates) for use of said property is • hereby approved and that the Mayor is hereby authorized to execute said lease agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute future one year lease agreement renewals with Kaiser Materials Corporation (Hanson Aggregates) where the only changes are in the commencement and termination dates of the lease and the adjustment to the monthly rental fee. Any other proposed changes in future one year lease agreements shall require a separate hearing and approval by 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 14" day of June, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None 0 ox!�01V� eeii •�i� ••ANDERSON, MAYOR - .L11 s L 40 BRIDGETi1BAUER, CITY CLERK LEASE AGREEMENT •This Lease Agreement ("Lease") is made as of this day of'_ 1999 by and between the CITY OF MORRO BAY and the CAYUCOS SANITARY DISTRICT (jointly referred to herein as "Landlord") and. KAISER SAND AND GRAVEL CORPORATION, dba KAISER SAND AND GRAVEL COMPANY ("Tenant".). WHEREAS, Tenant currently operates a concrete batch plant under a lease agreement with Landlord. and; WHEREAS, Tenant desires to use an additional portion of Landlord's property on a temporary basis for additional materials storage and to facilitate access to and through Tenant's concrete batch plant. NOW THEREFORE, Landlord agrees to lease to Tenant the property under the following terms and conditions: 1. LEASED AREA, CONDITION OF SITE The leased area hereinafter called "Site," shall be that portion of the property jointly owned and operated by Landlord as shown on the attached Site Map labeled "Exhibit A" and incorporated herein. The Site is leased to Tenant in an "as is" condition and Tenant agrees that it has investigated the condition of the Site and determined that the Site is suitable to the operations of Tenant. 2. MAINTENANCE AND REPAIR OF SITE *Tenant agrees to maintain the existing perimeter fencing around the site. Tenant agrees to repair and maintain the surface on the Site in good, usable and safe condition at all times. 0 3. TERM The term of this Lease Agreement shall commence on June 24, 1999 (Commencement Date") and terminate on June 23, 2000 ("Termination Date"). This lease may be terminated at any time by Landlord upon thirty (30) days prior written notice to Tenant. 4. RENT Tenant shall pay Landlord in lawful money of the United -States of America, a monthly rent in advance of Two Hundred Seventy Five Dollars ($275.00) for the period from June 24, 1999 to June 23, 2000. 5_ RESTRICTIONS UPON USE Tenant agrees7hat, Tenant shall use the Site only for parking, storage of materials or as a turning area for Tenant's customers, employees, agents and contractors, in association with Tenant's concrete batch plant operation and that any other use, without prior written approval shall be a violation of this Lease. Furthermore, Tenant 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 customers, employees, agents and contractors of Tenant; Pepe I nj 6 b. Permit undue accumulations of garbage, trash, rubbish or any other refuse by the customers, employees, agents and contractors of "tenant or cause or allow any circumstances or acts on the Site by the customers, employees, agents and contractors of Tenant \vhich will result in pollution of the Site, • groundwater underneath or in the area of the Site or the surrounding area; C. Permit any use of the Site by the customers, employees, agents and contractors of Tenant which will cause a cancellation of any insurance policy, or any building or improvements thereon, or anv activity by the customers, employees, agents and contractors of Tenant which may be prohibited by any insurance policies covering the area, said buildings or improvements: d. Draw or use any water from the Landlord's wells located on the Site. Tenant agrees to disconnect from these wells and to pay for all water consumed prior to the disconnection at the raw water rate established by the Public Works Director of the City of Morro Bay. No water rights are granted with this Lease; e. Erect, place, operate or maintain any improvement within the Site, nor conduct anv business, in violation of the terms of this Tease, or in violation of any regulation, order of law, statute, bylaw or ordinance of a governmental agency having jurisdiction over the Site; f. Store hazardous materials and/or petroleum products unless such storage meets the requirements of the State of California and the County of San Luis Obispo. Tenant shall take all precautions to protect Landlord's property from pollution of any kind and shall not allow petroleum products, industrial materials or pollution of any kind to leak onto Landlord's property or adjacent property or groundwater. 6. SIGNS • All signs placed on the Site shall be in accordance with the "Sign Ordinance of the City of Morro Bay - " Sign" shall have the meaning set forth in said Sign Ordinance. 7. GOVERNMENTAL REQUIREMENTS Tenant 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 Tenant in connection with its business; provided, however, that Tenant may cease to operate and use the Site at any time and, in such case, Tenant shall have no future obligation to comply or pay such costs and expenses of compliance. So long as Tenant continues to operate and use the Site, Tenant shall comply with each and every requirement of all policies of public liability insurance which Tenant is required to have in force with respect to the Siie. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against it, whether Landlord be a party thereto or not, that Tenant has violated any such ordinance or statute in the use of the Site shall be conclusive of that fact as between Landlord and Tenant. p.',e,. _ uJ 9 S. TAXES Tenant acknowledges and agrees that this Lease may create a possessory interest subject to property Oaxation. Tenant agrees to pay and discharge, as additional rent for the Site during the term of this Lease, before delinquency, all taxes (including, without limitation, possessory interest taxes associated with Tenant's interest in the Site and the execution of this Lease), assessments, fees, levies, lase and permit fees and other governmental charges of any kind or nature whatsoever upon the assessed value of its interest in the Site. In the event the Site, or any possessory interest therein, should at any time be subject to ad valorem taxes or privilege taxes levied, assessed or imposed on such property, Tenant shall only pay taxes upon the assessed value of its interest. 9. ADDITIONAL ALTERATIONS AND REPAIRS Prior to making any alterations to the Sitc; Tenant shall obtain the written approval of the Landlord. In addition, Tenant will obtain anyand all required permits, approvals or authorizations required by all governmental agencies for the proposed alterations or repairs. 10, OWNERSHIP OF IMPROVEMENTS All improvements to real property constructed on the Site by Tenant as permitted or required by this Lease shall, during this Lease Term, be and remain the property of Tenant, provided, however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that Tenant's rights and powers with respect to the improvements are subject to the terms and limitations of this Lease. Upon termination all improvements, alterations or repairs to the Site shall become the property of Landlord. At the Landlord's option, Landlord may, at the sole discretion of • Landlord, require any improvements to the site to be removed by Tenant upon termination of this Lease. In such case, Tenant agrees to promptly remove said improvements and to restore the site.to its condition prior to the construction of improvements. 11. ASSIGNMENT AND SUBLETTING This Lease is personal in nature and may not be assigned or transferred by either parry. 12. INSURANCE Tenant shall indemnify and hold Landlord and the property of Landlord, including said Site and any buildings.or improvements now or hereafter on said Site, free and harmless from any and all liability, claims, loss, damages or expenses resulting from Tenant's occupation and use of said Site, specifically including, without limitation, any liability, claim, loss, damage or expense arising by reason of. (a) The death or injury of any person who is a guest, employee, agent or contractor of Tenant, or by reason of the damage to or destruction of any property, owned by Tenant or by any person who is a guest, employee, agent or contractor of Tenant, from any cause whatever while such person or property is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site; (b) The death or injury of any person who is a guest, employee, agent or contractor of Tenant, or by reason ol'the damage to or destruction of any property owned by Tenant or any person who is a guest, •employee, agent or contractor of Tenant, caused or allegedly caused by either (i) the condition of said Site or some building or improvement on said Site, or (ii) some act or omission on said Site of Tcnant or any person in, on or about said Site with or without permission and consent of Tenant; vaeu 3 of 6 (c) Any work performed on said Site or materials furnished to said Site at the instance or request of Tenant or any person or entity acting for or on behalf of Tenant; or • (d) Tenant's failure to perform any provision of this Lease or to comply with any requirement of law or any requirement imposed on Tenant or said Site by any duly authorized governmental agency or political subdivision. Tenant shall, at Tenant's own cost and expense, secure promptly after the execution of this Lease.and maintain during the entire Lease Term, a broad form commercial general liability insurance policy or policies which insures Tenant's public liability, property damage and business automobile expenses with the combined single limit of not less than $1,000,000.00 issued by an insurance, company acceptable to Landlord.and authorized to issue liability insurance in Califortva, and which shall list Landlord as the named primary additional insured, without offset to Landlord's policies as respects all operations of Tenant..,%ny deductibles or self -insured retentions must be declared to and approved by Landlord. The terms of said policies may be for such period as shall be designated by Tenant; provided however, that within two (2) months prior to the expiration date of such insurance terms, Tenant shall procure other policies of said insurance so that between the execution of this Lease and the commencement of the Lease Term, and throughout the entire Lease Term or any renewal thereof, or until the sooner termination hereof, Landlord, its officials, employees, agents and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance, in accordance with the foregoing. Tenant shall within ten (10) days after the execution of this Lease and promptly thereafter when any such policy is replaced, rewritten or renewed, deliver to Landlord 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 City of Morro Bay and the Cayucos Sanitary District as primary additional insured. Each insurance policy required by this Lease shall contain a provision that it cannot be canceled for any reason nor can the coverage or limits be reduced unless ten (10) days prior written notice of the cancellation or reduction is given to Landlord in the manner required by this Lease for service of notices on Landlord by Tenant. 13. HOLD HARMLESS Tenant agrees to investigate, defend, indemnify and hold harmless Landlord, 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 Landlord may incur due to this Lease or Tenant's operations or any acts or omissions of Tenant or its customers, employees, agents and contractors. 14. DESTRUCTION This Lease shall remain in full force and effect, including Tenant's obligation to pay rent, in all events of destruction to the Site, unless otherwise modified by mutual wxitten agreement of the Landlord and Tenant. • Page 4 ol'6 15. DEFAULT Ithe event that Tenant shall fail to perform any agreement, covenant or condition set foith in this Cn ease, the Lease may be terminated upon thirty days written notice from Landlord. 16. NOTICES If at any time after the execution of this Lease, 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 if intended for Landlord shall be addressed to: Harbor Director AND City of Morro Bay 1275 Embarcadero Mono Bay CA 93442 and if intended for Tenant shall be addressed to: District Manager Cayucos Sanitary District PO Box 333 Cayucos CA 93430 Kaiser Sand & Gravel Co. ATTN: General Manager Central Coast Region PO Box 71 San Luis Obispo CA 93406 •or to such other address as either parry may have famished to the otber 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. 17. UTILITIES. Tenant is responsible for all costs of installation and maintenance of any and all utilities or services required by Tenant at the Site. Landlord shall not be liable for the failure of utilities or services to the Site. " 18. MICSELLANEOUS a. In case any one or more of the provisions contained in this Lease 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 Lease, but this Lease Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. b. Nothing in this Lease Agreement shall he 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 "Landlord" and "Tenant" 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 he more than one Landlord and Tenant, the obligations hereunder imposed upon Landlord and Tenant shall be joint and several. Pq�.• .S ni C d. Time is of the essence of each and all of the agreements, covenants and conditions of this Lease. C. This Lease shall be interpreted in accordance with and governed by the laws of the State of . California. The language in all parts of this Lease shall be, in all cases. construed according to its fair meaning and not strictly for or against Landlord or Tenant. f. This Lease constitutes the entire agreement between Landlord and Tenant with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written. This Lease may not be amended or modified in any respect whatsoever except by an instrument in writing signed by Landlord and Tenant. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Agreement by the proper persons thereto duly authorized as of the date first hereinabove written. CITY OF MORRO BAY Attest: • BFidgett B�ter, City Clerk CAYUCOS SANITARY DISTRICT By: x 4-6-4,4-6 . Robert Enns, President Attest: ^ '` Bonnie Connelly, Clerk of the Board KAISER SAND & GRAVEL CORPORATION By: iAl2 Willi n H. Butler, General Manager . P07'e 6 of 6 RESOLUTION NO.46-99 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1998-1999 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 on a day-to-day basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government would be substantially impaired if such appropriation were not made; and WHEREAS, Government Code Section 37208 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 the City Council finds it necessary to amend said budgets. NOW THEREFORE, BE IT RESOLVED that the City Council finds good cause and sufficient funds to amend the 1998/1999 Fiscal Year Capital Improvement Budget of the General Fund in order for the Police Department to make the necessary expenditures to proceed with a Fleet Replacement Program as outlined in the attached staff report and summary. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, on the 14' day of June, 1999, by the following vote to wit: AYES: Anderson, Crotzer, Peirce„;Petdrs NOES: None ABSENT: Elliott AODR ANDERSON, Mayor ATTEST: • • 7A 1998/99 FY POLICE DEPARTMENT FLEET REPLACEMENT COSTS DESCRIPTION & UNIT COSTS 3 Ford Crown Vics @ $22,399.00: 1 Ford Taurus Admin/Det. Unit: Sales Tax - 7.25%: 3 Extended Warranties @ $1,075.00 (patrol units - 3yr/75K miles) 3 Radio Equipment @ $859.63 (Applied Technology Group) 3 Equip. & Installation @ $3,694.79 (Hi -Standard Automotive) 3 Graphics - patrol units @ $250.00 Total Costs: Offsetting revenues (grant & surplus sale): Net Cost: Notes: EXTENDED COSTS & TOTALS $67,197.00 $17,685.33 $ 6,153.93 $ 3,225.00 $ 2,578.89 $11,084.39 $ 750.00 $108,674.57 $ 18,000.00 $ 90,674.57 Vehicle purchase through L.A. County Cooperative Bid. Radio equipment and installation via suppliers on San Luis Obispo County Cooperative Bid. Equipment for Admin/Detective Unit transferred from existing units. Graphics for marked units from local supplier. of O C Cl) N MMNN O O m > N • co O N N 04 U) Cl) N N O O N 1- N N N U) Cl) N N O O O N Y 00 X M cm M M N N O O N I A N M U) M N N O O OQ N W } Z O J U O N M M Cl) N N O S2 U W LL N O w 0: a MO v M 0 M N N � J � Qd W Q �... O N Cl) N N N O M N N O gCLo N a Z O U Z N N Cl) co N N O D W O N w W � U g w IT N m co M N N O W C Ww N g J d LL W CDM r M (o M N N O W � H w W J LL w M M IT to M M N O W O W J z = co Z j U) 0 CL O rn 4of u}l= co O w a ) >'E Z O 02`� w J U is a= F w 2EE U w °Ea�iE O ti my ago 7 J my no J a LL n.¢Un U ¢ LL n.¢v)U LL • RESOLUTION NO.24-99 AMENDMENT TO THE FISCAL YEAR 1998-1999 BUDGET TO APPROPRIATE $231,500 TO CAPITAL PROJECT ACCOUNT #911-9910 FOR THE DOCK RECONSTRUCTION PROJECT ON LEASE SITE 129W-133W PURSUANT TO GRANT NUMBER 1-A-98, CONTRACT OCA82126 WITH THE STATE RESOURCES AGENCY 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 adopted the original Operating and Capital Improvement Budgets on June 22, 1998 by adoption of Resolution No. 60-98; and WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 129W-133W which has been predominantly vacant since August of 1998 and is in an unsafe structural condition; and, WHEREAS, the City of Morro Bay has entered into a grant agreement with the State Resources Agency authorized by Resolution #23-99, in the amount of $231,500 to assist with reconstruction of said Lease Site; and, • WHEREAS, the City Council finds it necessary to amend said budgets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fiscal Year 1998-1999 Operating and Capital Improvement Budgets are hereby amended to appropriate $231,500 to Capital Project account #911-9910 in order to fund the dock reconstruction project being undertaken through said grant agreement with the State Resources Agency. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of March 1999, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson BRIDGET AUER, CITY CLERK 0 VICE-MAYORDAVib ELLIOTT, The Resources Agenc ____..._ _ f1�;(c;'u Gray Davis NAry D. Nichols �ouerrtor 1Se'Pelary MAR 21999 I j of California L__ I California Conservation Corps • Department of Boating & Waterways • Department of Conservation Department of Fish & Game • Department of Forestry & Fire Protection • Department of Parks & Recreation • Department of Water Resources March 10, 1999 Rick Algert Harbor Director City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 Dear Mr. Algert: • Enclosed you will find a grant agreement for the following Coastal Resources Grant Program proposal that has been awarded funds by the Resources Agency in the 1998-99 grant cycle: (1-A-98) CITY DOCK RECONSTRUCTION - $231,500 Please note that in addition to completing the coversheet you are asked to attach to the agreement a work statement, project budget, and board resolution. This information should be the same as that submitted with the original grant proposal. If any of this information has changed significantly, an addendum to the grant proposal must also be submitted. The addendum must include a narrative of the changes in the scope of work, a revised budget, and a revised schedule. The Resources Agency 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 (916) 653-5656 FAX (916) 653-8102 htti)://ceres.ca.gov/cra/ akfornia Coastal Commission • California Tahoe Conservancy • Coachella Valley Mountains Conservancy • San Joaquin River Conservancy Santa Monica Mountains Conservancy • Colorado River Board of California • Energy Resources, Conservation & Devolopment Commission State Coastal Conservancy • State Lends Commission • State Reclamation Board • Native American Heritage Commission San Francisco Bay Conservation & Development Commission ®$00% Recycled Paper Rick Algert March 10, 1999 Page 2 For your convenience, I can also provide electronic copies of the agreement coversheet and reimbursement form. As mentioned in previous correspondence, no payment can be made until a grant agreement with the State has been signed. Also, no expenditure incurred prior to the signing of a grant agreement can be reimbursed. If you have any questions regarding your grant award or agreement, please contact me at (916) 653-5656. 1 wish you success in the completion of your project. • Enclosure I* Sincerely, Christopher Potter California Resources Agency STATE OF CALIFORNIA RESOURCES AGENCY COASTAL RESOURCES GRANT PROGRAM - GRANT AGREEMENT CRA IM (R.. I/M This agreement is official notification of a Coastal Resources Grant Program grant award from the California Resources Agency LCRA). The attachments listed below are incorporated as Dart of this aareement. of Morro Bay Wrt NUMBIM CONTRACT NUMBER -A-98 OCA82126 ADDREss ,pp, 595 Harbor Street, Morro Bay, CA 93442 Fiscal yr. 1998-99 to fiscal yr. CRA COASTAL RESOURCES GRAM PNOGRAM COCRD TOR r E Christopher Potter 916-653-5656 AODr w 1416 Ninth Street, Suite 1311, Sacramento, CA 95814 M101ECT OESCRFT City Dock Reconstruction The city will reconstruct a city owned commercial fishing dock. AMIXMi ENCUMBERED MW GrNP TE STATUF6CwL $231,500.00 0540-101-0001 324 1998 1998-99 SNARE fA1RPOSE GF E%PEMMIURE Coastal Resources Grant Program TOTAL ORrIpMI USE $ 98-0540-418-10135 1 hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose stated above. sgNATURE aF FICER are The undersigned parties have read the attachments to this agreement fnd will comply with the standards and requirements contained therein SKJMTURE OF ASSISTAM 6ECRETARY Ftli ADMMSTMTgN AND FPIANCE NAME Don Wallace ATTAQ S 0 Exrc� 916-653-9709 SIGMTIIRE OF ACCOUNTING OFFICER • RESOLUTION NO.23-99 AUTHORIZATION TO ENTER GRANT AGREEMENT NUMBER 1-A-98, CONTRACT OCA82126 WITH THE STATE RESOURCES AGENCY IN THE AMOUNT OF $231,500 FOR THE RECONSTRUCTION OF THE PIER ON LEASE SITE 129W-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, said Lease Site has been vacant since August of 1998 and is in an unsafe structural condition; and, WHEREAS, the City of Morro Bay applied for and has been awarded a grant from the State Resources Agency in the amount of $231,500 to assist with reconstruction of said Lease Site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Vice -Mayor is hereby authorized to execute grant agreement number 1-A-98, contract number OCA82126, with the State Resources Agency on behalf of the City of Morro Bay. • BE IT FURTHER RESOLVED, that the Harbor Director is hereby authorized to act as the City's agent in regards to said grant agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22"d day of March 1999, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson BRIDGETtBAUER, a • CITY COUNCIL RESOLUTION NO. 22-99 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 40 22, 1998 by adoption of Resolution No. 60-98; and WHEREAS, the City Council finds it necessary to amend said budgets. NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro Bay are amended by modifying appropriations as shown on the attached summary schedule. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of March, 1998, by the following vote to wit: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson D ID ELLIO Vice -Mayor BRIDG07 BAUER, City Cle • VYYffi�WPL�O�MAMBCC M� J. isnn City of Morro Bay - Finance Department Summary of Mid -Year Budget Adjustment • City Council Resolution No. 22-99 Department Name/ Item Description Account Approved • • General Fd Personnel/Risk Management City -Wide Telephone System Phase 1 001-3140-6106 10,382 NPERLPA Conference 001-3140-6510 550 Additional Mandated Drug Testing 001-3140-6151 550 Community Promotion Committee T.V. Ads 001-3170-6109 2,038 Print Ads-S Cal 001-3170-6113 2,606 Print Ads-N Cal 001-3170-6114 2,741 Print Ads -Valley 001-3170-6116 2,585 Finance Department Property Tax - County September Updt 001-3510-3011 (4,668 Transient Occupancy Tax 001-3510-3064 (46,948 Sales Tax 001-3510-3051 (57,994 City -Wide Replacement of Surge Dev. 001-3520-5301 1,700 Police Department Slo Cops Grant O/T Holiday DUI 001-4110-4120 4,662 Slo Cops Grant Revenue 001-4110-3391 (4,662 POST Video Training System Computer 001-4110-5504 2,875 POST Video Training 100% Reimburse 001-4110-3247 (2,875 Fire Department EOC Telephones/Fax Machine 001-4210-5199 5,300 Other Fire Services Revenue 0014210-3472 (19,700 Plan Checking Revenue 001-4210-3426 (8,020 Public Services E&A Salaries Temporary Staff 001-5210-4110 23,000 Engineering Services (Contractual) 001-5210-6104 37,000 Vehicle Maintenance Fuel, Oil & Lubricants 001-5220-5110 (7,700 Ofc Equip (fuel vending and veh main sys) 001-5220-7311 15,500 mdyr99b.123 09:37:05 AM 03/15/1999 City of Morro Bay - Finance Department Summary of Mid -Year Budget Adjustment • City Council Resolution No. 22-99 Department Name/ Item Description Account Approved • • Street Maintenance Salaries- Temp Hired due to injury 001-52304110 2,000 Special Waste Recycling 001-5230-6306 12,000 Trolley Program Contractual Services 001-5265-6106 4,000 Outside Veh Repair 001-5265-6604 1,000 Recreation & Parks Department Youth Services Part -Time Salaries - Kids Club 001-6140-4310 24,000 P/T Benefits - Kids Club 001-6140-4910 2,160 Kid's Club Recreation Program Fees 001-6140-3482 (27,000 Flail Mower Approved 09/08/98 001-6160-7301 22,357 Interfund Transfers Transfer From Harbor - Pub Safety PERS 001-7710-3810 (10,565 Harbor Fd Harbor Division Transfer From Harbor - Pub Safety PERS 331-6510-8510 10,565 Other Employee Benefits 08/17/98 331-6510-4910 13,146 Transient Slip Fees 08/17/98 331-6510-3445 (24,000 Water Fd Water Machinery & Equipment Repair 311-5240-5504 1,000 Wastewate Collections Machinery & Equipment Supplies 321-5251-5504 2,000 Outside Equipment Repair 321-5251-6601 1,000 Contractual Services 02/22/98 321-5251-6106 5,940 Equip Acq - Sewage Lift Pumps 02/22/98 321-5251-7302 15,708 Transit Fd Dial -A -Ride Forms Printing 301-5261-5305 750 Machinery & Equip Supplies 301-5261-5504 1,000 Financial Audits 301-5261-6103 500 mdyr99b.123 09:37:05 AM 03/15/1999 • RESOLUTION NO. 21-99 RESOLUTION REQUESTING AN EXTENSION OF TIME FOR ACCEPTANCE OF THE CALIFORNIA COASTAL COMMISSION'S MODIFIED LANGUAGE PERTAINING TO LOCAL COASTAL PROGRAM AMENDMENT NO. 1-97, WATER ALLOCATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay City Council conducted a public hearing on May 12, 1997 and approved amendments to the City's General Plan and Local Coastal Program, as follows: City of Morro Bay, Local Coastal Program, Major Amendment Number 1-97; and WHEREAS, the City submitted Local Coastal Program, Major Amendment Number 1- 97 to the California Coastal Commission for certification on June 2, 1997; and • WHEREAS, on November 5, 1998 the California Coastal Commission denied the City's amendments to the Local Coastal Program Major Amendment Number 1-97 as submitted; and WHEREAS, on November 5, 1998 the California Coastal Commission conditionally certified Amendment Number 1-97 if modified as recommended by Coastal staff and as modified by the Coastal Commission; and WHEREAS, February 3, 1999 the California Coastal Commission approved revised findings in support of its November 5, 1998 action; and WHEREAS, on March 5, 1999 City of Morro Bay staff received formal notice of the Coastal Commission's findings and resolutions of approval for Amendment Number 1-97, said notice indicating that in accordance with California Code of Regulations, Title 14, section 13537(b), the six month period to accept the modifications would expire on May 4, 1999 or the amendment will be void; and WHEREAS, Public Resources Code Section 30517 allows the California Coastal Commission to extend the modifications up to one year for good cause; and WHEREAS, good cause exists because of the three month delay in scheduling the revised finding for approval by the Coastal Commission (from November 5, 1998 to February 3, 1999) and the additional one month delay in preparing the formal notification, dated March 5, • 1999, which has limited the time for staff analysis and recommendation to the City Council to only 2 months rather than the normal six month period; and City of Morro Bay Resolution No. 21-99 Time Extension Request of CCC • for LCP Amendment No. 1-97 Page 2 WHEREAS, further good cause exists because the City's Planning & Building and Public Works Department offices, where all of the files related to Amendment Number 1-97 are stored, sustained extensive smoke damage due to a fire that occurred the morning of March 14, 1999 and access to the files needed for review in order to develop a recommendation to the City Council on this matter will be unavailable for several weeks, thereby further limiting the time the City has to fully consider acceptance of the modifications contained in the California Coastal Commission resolution of certification; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City Council requests the time limit to accept the modified language, as suggested by the California Coastal Commission, be extended for six (6) months, as provided for in Public Resources Code Section 30517. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 22nd day of March, 1999, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None 0 ABSENT: Anderson ABSTAIN: None DAVID ELLIOTT, Vice Mayor ATTEST: mL 1/5/99 WSOFFICEIWI WORD\PLAN&BLD\RES-ORD\RES21-99.DOC 0 • RESOLUTION NO. 20-99 RESOLUTION ANNOUNCING FINDINGS AND GRANTING AN AWARD OF WATER EQUIVALENCY UNITS IN SUPPORT OF THE ESTABLISHMENT OF AN ADULT DAY HEALTH CARE FACILITY BY MATURE ADULT DAY ASSISTANCE, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Mature Adult Day Assistance Program (MAYDAY) is a non-profit organization that provides medical and rehabilitative services to both the elderly and young adults who would otherwise need to be institutionalized for the treatment of their chronic physical and/or psychological disorders; and WHEREAS, MAYDAY has received an endorsement from the State Department of Aging to open the first Adult Day Health Care (ADHC) center in San Luis Obispo County; and WHEREAS, on March 15, 1999 the Planning Commission granted conditional approval • of a conditional use permit and coastal development permit to MAYDAY for the establishment of the MAYDAY center to be located at the Calvary Baptist Church, and said conditional approval includes obtaining the additional water equivalency units (WEUs) required by Morro Bay Municipal Code Chapter 13.20; and WHEREAS, in accordance with the Guidelines for Retrofit Programs (Guidelines), contained in Coastal Permit 4-81-309A3, one-half of the WEUs saved which are not used directly by a project shall be held by the City in reserve, as a "bank" of water equivalency credits; and WHEREAS, pursuant the Guidelines, the City Council may choose at any time to use this bank for allocation to new uses in accordance with the priority and procedures in the City's approved water allocation model; and WHEREAS, there are currently 170.62 WEUs available in the retrofit bank that may be awarded by the City Council and the requested 0.77 WEUs requested by MAYDAY in support of the County's first ADHC center is hereby determined to fall within the highest priority for allocation of banked WEUs under the provisions of the Guidelines; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moro Bay, California, that having reviewed the request, hereby grants an award of 0.77 WEUs for the establishment of a needed ADHC center in Moro Bay, to serve both the community and the • County, to MAYDAY, a non-profit organization, based on the following: City of Morro Bay Resolution No. 20-99 Award of WEUs to MAYDAY Page 2 • A. The award of WEUs is consistent with the priorities for allocation identified in the water allocation model contained in approved Coastal Development Permit 4-81-309A3, including the Guidelines for Retrofit Program. B. The award is for a quasi -public or institutional use that will provide needed assistance to elderly and young adults with chronic physical and/or psychological disorders. C. The award of WEUs includes a waiver of all City fees, including water and sewer impact fees associate with the proposed use, and a refund of processing fees. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 22nd day of March, 1999, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson ABSTAIN: None DAVIb ELLIOTT, Vice Mayor ATTEST: BRIDGETT�;AUER, m1:1/5/99\S'.WSOFFICOWINWOMT�N&BLDV -ORDU 20-99.DOC E • RESOLUTION NO. 19-99 AWARD OF CONTRACT AND FUND APPROPRIATION FOR PROJECT NO. PW 99-01: FRONT STREET PARKING LOT the City Council, City of Morro Bay, California WHEREAS, the City Council established a Parking -in -Lieu Fund for the purposes of improving public parking facilities; and WHEREAS, monies accumulated in said Fund are to be used for designated public parking tasks; and WHEREAS, improvements to the Front Street Parking Lot and a total Project budget allocation were so designated via City Council Resolution No. 81-98; and WHEREAS, plans and specifications were prepared by the City Engineer in accord with said Resolution and the Project was publicly advertised as Project No. PW 99-01: Front Street Parking Lot pursuant to the State of California Public Contract Code; and WHEREAS, bids were received and publicly opened for the Project on March 16, 1999; and WHEREAS, the lowest responsible bid was submitted by the Sanchez Company, Paso Robles, in the total bid amount of $74,288.00; and • WHEREAS, it is in the interests of public welfare that said Project be completed in a timely manner. NOW THEREFORE BE IT RESOLVED by the City Council, City of Morro Bay that the construction contract for Project No. PW 99-01: Front Street Parking Lot is hereby awarded to the Sanchez Company in the amount of $74,288.00; and BE IT FURTHER RESOLVED, $104,003.00 from the Parking -in -Lieu Fund is hereby appropriated for the total Project cost; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute contract documents on behalf of the City reflecting this action. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 22" day of March, 1999 by the following vote: AYES: Crotzer, Elliott, Peirce, Peters: NOES: None ABSENT: Anderson ABSTAIN: None ATTEST: DAVID ELLIOTT, Vice -Mayor BRIDGE BAUER, City Clerk • • 40 City of Morro Bay PW 99-01: FRONT STREET PARKING LOT Bid Summary March 16, 1999 Firm 1) The Sanchez Co. 2) Tyner Paving 3) Sansone Const. 4) Sousa Const. 5) Madonna Const. 6) Sosa Const. 7) John Madonna Const. 8) R. Burke Corp. 9) Granite Const. 10) Union Asphalt 11) A. J. Diani Const. 12) Maino Const. Total -Bid $74,288.00 76,547.28 80,075.60 80, 981.00 82,874.00 85,382.00 85,471.80 85,966.00 89,016.00 91,439.00 92,918.90 95,770.00 Engineer's Estimate = $80,000 0 0 cocoa 0 0 0 0 cocoa 0 cc O O 0 0 0 0 0 0 0 0 0 0 000 0 0 0 coca 0 O N C O O O O O OIO . 0 0 0 O O O O O O O O U 0 0 0 0 0 0 0 0 0 0 000, 0 0 0 0 0 0 0 0 O • j 0 0 0 0 O 0 0 0 0 0 (V 0 0 0 0 0 0 0 0 N C � m N O O N O tJ 0 C O N N 0 0 0 0 0 0 O E p coca, 0 0 W O 0 0 N W O Q 7 0 0 0 b O O b 0 W O p l t W O N p N N N N NO N O t O t 0 0 0 0 Ww N t 0 O) W O Mw Aw N Ww O Ww O O Nw O M V EOM O W N W M b 1 M N h M W f N f MMb MMe-!`I� C --- ww�Mww w w ww w vYfJl 19 f9 b9 1919 e- M M W MM��'W � 19 m U ( J N N UN O O y 0 0 0 0 0 0 0 0 cocoa c— ww w a O O_ O O O O O O O O O O O O O U U N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N Qi I N M N O 4 N O fV 00,06 ) .NMw000w00 b O O ¢ ww Wes wN N estop ry N WE wdiww NN O O NN O w w C 0 0 0 0 00000 00 O U 0 000000 0 0 0 0 0 0 00000000 O C O OO O O O O Q O O O O m O 0000OGOG 0Mf V ONO 0 0 0 0 0 0 f V V`--^y �N�pnO n! y .MO N ro -0Nf-(Gp O^N EOOO tthh j w w w w w C E N N MM N N w W O M N w CO www w P w w w w w O G A M N M m - fA i� U www ww��w www www Mw U v, to rp 00 yj OOOOOOOOOOa O to 0000000000000 0 ROC 0 0 0 0 0 0 0 0 0 0 (p G (/ 1 N N top top � C 0 W N 0 0 0 I N P O 0 0 0 r W W Mv1 W 0001�000 W O� 0 NNnoirMntco�d Mro w w Q V Nw P w O O O w O N^ N ' n w w W p O W O o Q W VI M ? w1A fA ww rwwtAw�w- w 9 w 9w U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O C O O O O O O O O O O O O O O O O O O O O 'c 0 0 0 0 0 ',a 0 0 0 0 0 0 0 0 0 0 0 0 O E N� N g w r N N T M N 0 0 W C p �i�NO aa{ OOOOOOOOOOO P N h 0 p01 O N N l00 M �Nwya tp mtDn wN �fA�bw �� WwwO OWI E O C!fcI NaN 1001001Np W NNp NCQ OIL WW OIO W.- W Q c—www lAww Mww w S9 y G Wes w^wwa NN Wes��1A Nw�wt9w NM 'i/Aw� O N i v1 0 N 6 0 0 0 0 0 0 0 0 0 0 0 0 0 a N N N O ON N O O O O O O O O O O O O O N ONO Vl 0 0 0 M 0 0 0 0 C G___ b b_ O O O O O O O O O O O O O W O W N N W b N O O b 0 0 0 0 O N try 1N 1� O O pp (r O vj pp ��Op M. 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O o�mmoAU ap'"'n voi H�immoo ��wwc�3¢¢aan�aWn3=ax r �UwWU�aa¢av�¢ny3��2 0 M O • RESOLUTION NO. 18-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE GENERAL PLAN, LOCAL COASTAL PROGRAM, AND LAND USE PLAN MAP AS THEY APPLY TO THE CARATAN PROPERTY THE CITY COUNCIL City of Morro Bay CASE NO. GP/LCP AMENDMENT O1-97 WHEREAS, the Planning Commission of the City of Morro Bay, on January 19, 1999, by adoption of Resolution 03-98, after duly noticed PUBLIC HEARINGS, did make recommendations to the City Council for approval of the request of the applicant Wayne Cohner of Colmer Development Company, on behalf of M. Caratan, Inc., property owner, for amendments to the texts and maps of the General Plan, Local Coastal Program, Land Use Plan Map, and Zoning Ordinance texts and Zoning Map. The Caratan property is located in the C-VS (S.3, SA), C-VS/R-2 (PD, S.4), and OA-2 Zoning Districts, and on the blocks bordered by Main Street on the east, Embarcadero on the west, Olive •Street on the south and South Street on the north, known as the Caratan Property, more particularly described as: APN: 066-174-001 and 066-172-002; and as Block A, including Lots 7-10 and 17-20, Cerrito Addition and a portion of the J.C. Stocking Lot, Town of Morro Bay City of Morro Bay County of San Luis Obispo State of California, and WHEREAS, on the 8th day of March, 1999, the City Council did hold a duly noticed PUBLIC HEARING, received public testimony, both written and oral, and after closing the public hearing, fully considered the amendments to the texts and maps of the General Plan, Local Coastal Program, Land Use Plan Map, and Zoning Ordinance texts and Zoning Map, including the final recommendations by the Planning Commission; and WHEREAS, the City Council continued the meeting to the 22nd day of March, 1999, to review the revised amendments to the texts and maps of the General Plan, Local Coastal Program, Land Use Plan Map, and Zoning Ordinance texts and Zoning Map, as directed by the Council at the March 8th, 1999 meeting; and WHEREAS, for the purposes of the California Environmental Quality Act (CEQA), said •amendments to the Local Coastal Plan comply with the City of Morro Bay procedures for implementation of CEQA; and lof11 Revised City Council Resolution 18-99 (Colorer/Caratan) March 22, 1999 Meeting GPA/LCP/ZO Amendments 01-97 City of Morro Bay • WHEREAS, CEQA does not apply to local agency adoption and amendment of an action requiring Certification by the California Coastal Commission pursuant to Sections 15250 and 15251 of the CEQA Guidelines and Public Resources Code Section 21080.5; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons, wishing to testify, the City Council approved the amendments based upon the following findings: 1. State Coastal Act. The proposed amendments are consistent with the State Coastal Act; and 2. General Plan/Local Coastal Program. The proposed amendments are consistent with the General Plan Land Use and Circulation Elements, and the Local Coastal Program Land Use Plan; and 3. Clarify Intent. The proposed amendments clarify the intent of the Zoning Ordinance, General Plan, and Local Coastal Program Land Use Plan; and 4. Land Use Map Amendments. The proposed map and text amendments provide a broad range of appropriate land uses for certain properties; remove commercial visitor serving uses including Mixed Use Area "A," establish Residential Medium Density uses as the primary use on the property east of Morro Avenue, establish Residential Low -Medium Density uses as the primary use on the property west of Morro Avenue, maintain the Open Space and Recreation uses in the area of the bluff, and provide consistency with the Zoning Ordinance text and Zone Map, and General Plan and Local Coastal Program Land Use Plan text and Maps as indicated on attached Exhibits "A" and "B"; • 5. General Plan and Local Coastal Program Policies and Progreams. These amendments provide a consistent revision to the General Plan Land Use Element and Local Coastal Program Land Use Plan's policies and programs effecting visitor serving uses and commercial fishing uses by establishing the text boundary descriptions to coincide with the Planning Areas 6 (Bayfront) and 7 (Central Morro Bay) boundary as indicated on attached Exhibit "D'; and Visitor Serving Resources. The data and analysis conducted in association with the amendments indicates sufficient visitor serving resources, including visitor -serving commercial, commercial fishing, and visitor serving recreation uses, on designated lands in the community to meet future Tourist industry needs as indicated in the City of Morro Bay, Visitor Serving Commercial (C-VS) Land Use Study (dated: November 30, 1998); and Open Space/Recreational Conservation. That the amendments are intended to protect and conserve the open space, natural resources, and recreational opportunities of the Bayfront and bluff by maintaining the Open Space/Recreation land use (OA-2 zone district) in the bluff area; and 8. Neighborhood Compatibility. That the amendments are intended to protect and strengthen the surrounding upland residential neighborhood by establishing a generally more compatible land use that potentially better manages effects to community scale, preservation of the environment, and use of limited public services; and 9. Circulation Amendment - Harbor Area Pedestrian Access. That the amendments to the City policyfor a Handicap Ramp on the Caratan property are appropriate as analyzed and discussed and will provide preservation of the bluff natural features while still allowing for pedestrian coastal access as indicated on attached Exhibits "C" and "D'; and is10. Circulation Amendment -Access to the South End of the Embarcadero. That the amendments to the City policy for Access to the South End of the Embarcadero are appropriate as analyzed and discussed indicating that there are many existing alternative methods of providing emergency access in 2of11 Revised City Council Resolution 18-99 GPA/LCP/ZO Amendments 01-97 (Colorer/Caratan) March 22, 1999 Meeting City of Morro Bay lieu of a new bluff road extension and that Appendix `A' is not needed as indicated on attached Exhibit • 11D"; and 11. Reasonable Use. These amendments provide the property owner with reasonable use of the property while continuing to ensure coastal access, public view sheds, and open space values. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and 2. That the Council does hereby approve the amendments to the texts and maps of the General Plan, Local Coastal Program, and Land Use Plan Map included in Case No. GP/LCP/ZO Amendment 01- 97, as incorporated by Exhibits "A", `B", "C", and "D", attached hereto and made a part of this resolution; and 3. This Resolution adopting the General Plan/Local Coastal Program text and Map amendments shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendments; and 4. That the City of Morro Bay does hereby find that the requested Local Coastal Program • Amendments are in compliance with the intent, objectives, and policies of the California Coastal Act, and that the City will carry out the Local Coastal Program, including these amendments in a manner fully consistent with the California Coastal Act and all it provisions; and 5. These amendments shall take effect immediately and automatically upon certification. PASSED, APPROVED, AND ADOPTED, on the 22nd day of March, 1999, by the following vote to wit: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson ATTEST: • 9�� &Z� BRIDGET BAUER, City Clerk 3of11 Revised City Council Resolution 18-99 GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) March 22, 1999 Meeting City of Morro Bay • • Revised Resolution 18-99 J ANCHOR STREE to c W e IN t l i '• �,�;� • sfc, J SOUTH STREET I I•W �z PPP444 ' 1 1 I U 0 1 z t I r' UI0 0 —iiL�J' 066-172-002 d��po� • 7'�, 1 t, , •'S 4 \�p •=1 APN 066— p0\ L U z ri oA� y\ r OLJVE STREET o 50• 100• 200• SCALE EXHIBIT A ll_ZIM Existing Land Use Plan Map, Mixed Use Areas, and Planning Area Boundaries GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) North Coast Engineering, dated 11-27-98 4of11 Revised City Council Resolution I8-99 GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) March 22, 1999 Meeting City of Morro Bay L� • Revised Resolution 18-99 ANCHOR STREET , �• (12 M _yw�nc�nvara:.:ea�:w�xscvsa::.. O u G rf �p c eta E g 100 I � r G 1J -- sD� SOUTH STREET 1 'I I t ' � �� I� i l '•� 0 `,eco e 01 IT M N 066,-172-0021 I PV'Doo \go r Y7 �� Z � APN 066-172-001 O 0 \ \\ Cj. OUVE STREET 0 50' 1 W' 200' `.W SCALE EXHIBIT B Proposed Land Use Plan Map, Mixed Use Areas, and Planning Area Boundaries • GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) North Coast Engineering, dated 11-27-98, 3-17-99, amended RBM 2-24-99 5ofII • • Revised City Council Resolution 18-99 GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) March 22, 1999 Meeting City of Morro Bay Revised Resolution 18-99 ❑ F= ED an � ® VWw/M r.acn Aru • Vl.w/AC... Point --- Pc011c AC.0 HARBOR AREA PEDESTRIAN ACCESS FIGURE 3 EXISTING ® Vl.w/a.crullan Arq • Vl.w/A¢... P.Int --- Pu011c Accu. HARBOR AREA PEDESTRIAN ACCESS W= ...1.1. P.m wnn. FIGURE 3 PROPOSED EXHIBIT C Existing and -Proposed Harbor Area Pedestrian Access General Plan Circulation Element, Fig 3 GPA/LCP/ZO Amendments 01-97 (Calmer/Caratan) 6ofII Revised City Council Resolution 18-99 GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) March 22, 1999 Meeting City of Morro Bay • Revised Resolution 18-99 EXHIBIT D GP/LCP Text Amendments GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) (Note: Original new text is underlined, original deleted text is noted with strikethrough,revised new text is double underlined, and revised deleted text is noted with strikethrough and underline) 1.0 General Plan Text Amendments Chap I, g. Area 6 - Bayfront (p. I-12) General Area Description (Change Boundary Description) Area 6 — Bad This area is bounded generally on the north by the PG&E Morro Bay Power Plant property, on the east by Morro Avenue and the Tidelands Park eastern boundary, on the south by Morro Bay State Park and on the west by the bay. seeeifieally indieated en the Land Use Plan Mae atid 0 Chap I, h. Area 7 - Central Morro Bay (p. I-13) General Area Description (Change Boundary Description) Area 7 — Central Morro Bay This area is bounded on the north by Scott Avenue and the PG&E Morro Bay Power Plant property, on the east by State Highway One, on the south by the Morro Bay State Park, and on the west by Morro Avenue ineluding thfft fiFeff AF-14 A-f thA _RJU-9 Tot) Edee and to the south of South Street as speeifigally Chap II, 4) Bayfront Expansion of Visitor Serving Uses Change Boundary Description. (p. II-10) (4). Bayfront: The City encourages the bluff area, bordered by Front Street and Main Street, which extends to both Olive and Surf Streets, except that area east of Morro Avenue and south of for potential development and expansion of visitor - serving facilities. This area, currently providing zones for motel/hotel uses, visitor -serving commercial uses, eating and drinking establishments as well as recreational vehicle parks, encompasses an area of approximately 80 acres, with approximately tote six acres currently undeveloped. These nine six acres are composed ofFkir{eert parcels ranging in size from 3.4 1.5 acres to 1/5 acre. Development of visitor- 7 of I I Revised City Council Resolution 18-99 GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) March 22, 1999 Meeting City of Morro Bay serving commercial facilities in the bluff district is encouraged because this area provides an important • link between the Downtown and Embarcadero. (LCP 63-64) is • Chap II, Program LU - 37.3 (p. II-72) (x/ref. see LCP Pol. 2.03) Commercial Fishing & Visitor Serving Recreation (Change Boundary Description) Program LU-37.3: Consistent with LCP Policy 7.06A, the Embarcadero between Beach Street on the north, Main Street on the east, Olive Street on the south and the waterfront area on the west, except that Edi�e between South Street and Olive Street as si3eeifieally indieated on the Offigial Zene Ni2ft. shall be considered a mixed commercial fishing and visitor -serving recreational use area. With regard to the siting of new developments, priority shall be given to coastal -dependent uses located on the west side of the Embarcadero. (LCP 64) Chap II, Area 6 - Bayfront LU - 65 (p. II-98) (x/ref. see LCP Pol. 7.06.A) Commercial Fishing & Visitor Serving Recreation (Change Boundary Description) Area 6 — Bayfront POLICY LU-65: The Embarcadero between Beach Street on the north, Main Street on the east, Olive fishing and visitor -serving recreational area. Public access and recreational opportunities shall be maximized along the waterfront consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resources areas from overuse. Public access from the nearest public roadway to the shoreline and along the bayfront shall be provided in new development projects, subject to the limitations set forth in Coastal Act Sections 30210, 30212, 30212.5 and 30214. Chap III, B.l.b.5 Handicap Access (p. III-9) Caratan Property Handicap Ramp (Unfeasibility of Handicap Ranip) The hilly nature of parts of Morro Bay makes negotiation for persons on wheelchairs quite difficult in some places. In many cases, it would be infeasihle unfeasible to provide ramps on steep hills due to lack of space, and the cost of constructing such rampsgrading and stability impacts to the bluff, and tree removals. Similarly, it would be difficult to provide a ramp between the Downtown and the Embarcadero. However, it may be possible to construct switch -back ramps as part of one or more of the future developments along the east side of the Embarcadero. These ramps eeuld be preN,ided in v uIuuvuv...rL[L uu u.v v vwav rIITQ170QdJGdI[3the nex t }, JGOCIV. 8of11 Revised City Council Resolution 18-99 March 22, 1999 Meeting GPA/LCP/ZO Amendments 01-97 (Colorer/Caratan) City of Morro Bay Chap III, Appendix A (p. III-A-3) • Circulation - Bluff Rd Extension (Potential for Abandonment, etc.) TO SOUTH END OF THE EMBARCADERO The south en of The Embarcadero is a dead-end street section extending about 2,000 et south of the last through si street, Marina Street. That results in adverse travel distance for s e trips (those to and from the so primarily), possible delays for emergency vehicles, conflict between emergency vehicles tering the area and other vehicles leaving. The potential r a serious emergency is quite high because o he large number of boats sometimes in the marina a e end of the street, and the motor vehicles in th earby parking area. Vehicle trips within thi area are also expected to increase as the vacant comet cial and visitor serving area adjacent to the mbarcadero develops. Possible Solution: An additional east -west street connexion should be constru ed near the south end of the street Embarcadero. Appropriate locations wo d be an extension e- ^ at or south of South Street. The City should explore urchasing the roperty at 4qA- "' Apmer. ef"" if necessary, to implement the extension. THIS PAGE OMITTED Priori : A detailed needs assessment. feasibility,4tudy and enviromnenNal assessment should be been made to identify the most desirable location f a new street connection Nor to determining the final location and design. The preliminary bluff tdad extension designs prgparedXv the City indicate that there are a number of Rotential options for aZew street connection to the southeN end of the Embarcadero. The project should be programmed or early construction (ewe to €rve yeafs) the Ci as determined b the needs assessment. Location Man: u Revised City Council Resolution 18-99 March 22, 1999 Meeting GPA/LCP/ZO Amendments 01-97 (Calmer/Caratan) City of Morro Bay is 2.0 Coastal Land Use Plan Text Amendments Chap I.B.6 Area 6 - Bayfront (p. 15) General Area Description (Change Boundary Description) 6. Area 6 — Bayfront This area is bounded generally on the north by the PG&E Morro Bay power plant property, on the east by Morro Avenue and the Tidelands Park eastern boundary, on the south by Morro Bay State Park and on the west by the bay. exeept that area east ef the Bluff Top Edge and to the south of South StFee�� seeeifieally indieated an the Land Use Plan Mae and 0 Chap I.B.7 Area 7 - Central Morro Bay (p. 15) General Area Description (Change Boundary Description) 7. Area 7 — Central Morro Bay This area is bounded on the north by Scott Avenue and the PG&E Morro Bay power plant property, on the east by State Highway one, on the south by the Morro Bay State Park, and on the west by Morro Avenue ifieludine that area east of the Bluff Tee Edee between South Street and Olive Street as .. the hand r T,... • Chap 4, Sec. F. 3. Area 6 - Bayfront (p. 62) Planning Area Resources (Change Boundary Description) J 3. Planning Area 6 — Bayfront In terms of potential development and expansion of visitor -serving facilities, the City encourages the bluff area, bordered by Front Street and Main Street, which extends to both Olive and Surf Streets-, except that area east of Morro Avenue and south of South Street known as the Caratan Property Hie Bluff Tee Edee be�weea South Street aiid O!iN,e Street as seeeifleall-i- ifklieated en the Gffiei&l� . This area, currently providing zones for motel/hotel uses, visitor -serving commercial uses, eating and drinking establishments as well as recreational vehicle parks, encompasses an area of approximately 80 acres, with approximately f4fte six acres currently undeveloped. These rrirte six acres are composed of thigeen parcels ranging in size from 3.4 1_5 acres to 1/5 acre. Development of visitor - serving commercial facilities in the bluff district is encouraged because this area provides an important link between the downtown and Embarcadero. Chap 4, Policy 2.03 (p. 62) (x/ref. see LCP 7.06.a) Commercial Fishing & Visitor Serving Recreation (Change Boundary Description) Policy 2.03. Consistent with LUP Policy 7.06A, the Embarcadero between Beach Street on the north, Main Street on the east, Olive Street on the south and the waterfront area on the west, shall be considered a mixed commercial fishing and 10 of 11 • s Revised City Council Resolution 18-99 March 22, 1999 Meeting GPA/LCP/ZO Amendments 01-97 (Colmer/Caratan) City of Morro Bay visitor -serving recreational use area. With regard to the siting of new developments, priority shall be given for coastal -dependent uses located on the west side of the Embarcadero. Chap 9, Policy 7.06A (p. 151) (x/ref. see GP LU - 65) Commercial Fishing & Visitor Serving Recreation (Change Boundary Description) Area 6 — Bayfront Policy 7.06A The Embarcadero between Beach Street on the north, Main Street on the east, Olive Street on the south and the waterfront area on the west except that area east of Morro h , shall be considered mixed commercial fishing and visitor -serving recreational area. Public access and recreational opportunities shall be maximized along the waterfront consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resources area from overuse. Public access from the nearest public roadway to the shoreline and along the bayfront shall be provided in new development projects subject to the limitations set forth in Coastal Act Sections 30210, 30212, 30212.5 and 30214. 11 of 11 RESOLUTION NO. 17-99 A RESOLUTION OF THE CITY COUNCIL APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA, DEPARTMENT OF THE YOUTH AUTHORITY TO THE JUVENILE AND GANG VIOLENCE PREVENTION, DETENTION AND PUBLIC PROTECTION ACT OF 1998 (Act) FOR RENOVATION OF THE CITY OWNED BUILDING AT 535 HARBOR INTO A TEEN CENTER THE CITY COUNCIL City of Morro Bay, California WHEREAS, the legislature of the State of California has enacted the Juvenile and Gang Violence Prevention, Detention, and Public Protection Act of 1998 (Act) which provides funds to approved private nonprofit agencies, for acquiring, renovating, or constructing youth centers; and, WHEREAS, the Director of the Department of the Youth Authority has been authorized to make grants from the Act to approved private nonprofit agencies; and, WHEREAS, the State Department of the Youth Authority has been delegated responsibility for the administration of the Act setting up the necessary procedures to • evaluate all application proposals submitted by private nonprofit agencies as allowed by the provision of the Act; and, WHEREAS, said procedures established by the State Department of the Youth Authority require the applicant to certify by resolution the approval of the applications prior to submission of said applications to the State; and, WHEREAS, each applicant assures that all labor, materials, tools, transportation, permits, equipment taxes, insurance and services necessary to complete the project in accordance with the project proposal shall be provided; and, WHEREAS, the project applied for must be of a high priority and satisfy the needs of youth per the provisions Welfare and Institutions Code Section 900 et seq.; and WHEREAS, the City of Morro Bay holds title to the building at 535 Harbor Street, Morro Bay, CA, which is the proposed site to be renovated into a teen center; and WHEREAS, the City is collaborating with the Morro Bay Community Foundation, a non-profit organization, on this project. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of • Morro Bay, hereby: • Resolution No. 17-99 Page 2 1. Approve the filing of an application for funding under the provisions of the Act; and, 2. Certify that said agency understands the general provisions of the agreement; and, 3. Certify that said agency has or will have sufficient funds to complete the project funded; and, 4. Certify that said agency has or will have available, prior to the commencement of any work on the funded project, the required match; and, 5. Certify that the funded project conforms to any applicable city or county general plan; and, 6. Authorize the Recreation and Parks Director of the City of Morro Bay, as agent of the City of Morro Bay to conduct all negotiations; submit all documents and sign all applications for funds, contractual agreements, amendments, payments requests, and so on that may be necessary for completion of the aforementioned project. is PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 22' day of February,1999 by the following role call vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ATTEST: I )OuuR�l/ BRIDGEty BAUER, CITY CLERK • u.w.counciLmso 17-99.wpd • RESOLUTION NO. 16-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING 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 to provide special services and advice of a type authorized by Section 37103; and WHEREAS, the Interim Staff Engineer is trained and does possess special skills, education, experience and competency to perform the services and provide the advice needed; and WHEREAS, the City did, by adoption of Resolution No. 111-98, enter into a formal contractual agreement in order to implement the City's organizational restructuring plan; and WHEREAS, the City now desires to extend the term and cost limitation of said agreement • beyond that originally specified. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby amend Resolution 111-98 to authorize the services agreement providing for Interim Staff Engineer to six months and an additional $11,000. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22"d day of February, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None �J ABSTAIN: None ATTEST: &kwkb4-��- BRIDGEIJ BAUER, City Clerk rehAc/uAe&a\reso 16-99.wpd G?t ANDERSON, Mayor 6 RESOLUTION NO.15-99 A RESOLUTION OF THE CITY OF MORRO BAY AUTHORIZING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO PURCHASE TWO (2) WHEELCHAIR ACCESSIBLE VEHICLES FOR MORRO BAY DIAL -A -RIDE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay's transit system, Morro Bay Dial -A -Ride, needs to replace two (2) vehicles that were purchased ten years ago and have exceeded the useful life standards set pursuant to Federal regulations; and WHEREAS, in November 1998 the City of Morro Bay entered into a capital assistance agreement with the State of California to provide a grant to aid the City in the purchase of two (2) new vehicles for Morro Bay Dial -A -Ride. • NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council does hereby authorize the Procurement Division, Department of General Services of the State of California, to purchase two (2) wheelchair accessible vehicles for and on behalf of the City of Morro Bay pursuant to Section 10324 of the California Public Contract Code, and that the City Manager, or his designated representative, is hereby directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of February, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None /%. n OY)GER ANDERSON, Mayor ATTEST: BRIDGE AUER, City Clerk • RESOLUTION NO. 14-99 RESOLUTION APPROVING A SUBSTANCE ABUSE POLICY AND SUBSTANCE TESTING PROGRAM FOR THE MORRO BAY POLICE DEPARTMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay Police Department desires to protect the health and safety of the public and fellow City employees, preserve the peace, and protect property; and WHEREAS, the Police Department wishes to ensure that its workforce is efficient and productive while instilling a sense of confidence in the public it serves; and WHEREAS, the Police Department and its employees recognize that substance abuse threatens the health and safety of persons and property, decreases the efficiency and productivity of its workforce, and damages the reputation of the Department and the City; and WHEREAS, the Chief of Police and the Morro Bay Peace Officers Association have met and • conferred to establish a Substance Abuse Policy and Substance Testing Program for the Police Department pursuant to Article 21 of the Memorandum of Understanding passed and adopted by Council Resolution No. 31-98 on March 23, 1998; NOW, THEREFORE, the City Council of the City of Morro Bay does hereby adopt the SUBSTANCE ABUSE POLICY AND SUBSTANCE TESTING PROGRAM FOR THE MORRO BAY POLICE DEPARTMENT attached hereto and made a part hereof. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 22nd day of February 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None O ER ANDERSON, Mayor ATTEST: BRIDGEt BAUER, City Clerk SUBSTANCE ABUSE POLICY AND SUBSTANCE TESTING PROGRAM FOR THE MORRO BAY POLICE DEPARTMENT The City of Morro Bay Police Department desires to protect the health and safety of the public and City employees, and preserve public and private property. The Department also desires to ensure that its workforce is efficient and productive while instilling a sense of confidence in the public that it serves. As such, the Department and its employees recognize that substance abuse threatens the health and safety of persons and property, can decrease the efficiency and productivity of its work force, and damage the reputation of the Department and the City. Therefore, the City of Morro Bay Police Department, acting on behalf of the City of Morro Bay, and the Morro Bay Peace Officers Association have met, conferred and agreed to this Substance Abuse Policy and Substance Testing Program pursuant to Article 21 of the Memorandum of Understanding between the Morro Bay Peace Officers Association and the City of Morro Bay. The provisions of this agreement shall be in addition to, and shall not be construed as a prerequisite to, or replacement, limitation, or modification of any other remedies available to the City of Morro Bay or provisions adopted by the City, regarding employee qualifications, selection, evaluation, or • discipline. Also, in agreeing to this policy, the Morro Bay Peace Officers Association does not waive any argument rehting.to the legality or constitutionality of any aspect of employee drug testing, nor, concede any such legality or constitutionality. i F 10 rM Alcohol - Any beverage containing alcohol as defined under Section 23004 of the California Business and Professions Code. Ap licant - person who has filed an application for an examination and employment with the City of Morro Bay for a position with the Police Department. Authorized Drue - A prescribed drug or over-the-counter drug which (1) has been legally obtained; (2) in the case of a prescribed drug is being used by the person for whom it is prescribed; and (3) is being used for the purpose and in the dosage for which it was prescribed or manufactured. City - Shall mean the City of Morro Bay Confirmatory Test - A second analytical procedure to identify the presence of a specific controlled substance, or metabolite which is independent of the initial test to ensure reliability and accuracy. • -Controlled Substance Shall include PCP, cocaine, opiates, methaqualone, barbiturates, amphetamines, cannabinoids (marijuana), benzodiazepines (Valium) and any other substance defined in the Controlled Substance Act, 21 U.S.C. Section 812, and as further defined in 21 C.F.R Sections • 1308.11 through 1308.15. Department - Shall mean the City of Morro Bay Police Department. Drug - A substance, other than alcohol, capable of (1) altering the user's judgment, perception or mood, or (2) impairing the user's physical reactions. Emnlovee - A person serving in any position of employment with the Morro Bay Police Department. Reasonable Suspicion _ The employer/supervisor believes that the actions, appearance, speech, body odors, conduct or other articulable objective symptoms of an employee reporting for duty or on -duty are indicative of the use of drugs, alcohol, or other controlled substances. S n� ive Position - A sworn peace officer position, as defined by Section 830 et sea. of the . Penal Code; including, without limitation, positions authorized to carry firearms, having contact with prisoners, or are in an emergency response position designated by the Department. It shall also include public safety dispatchers or any other non -sworn civilian positions whose job has one or more of the following characteristics, duties and responsibilities: (1) a greater than normal level of trust and responsibility for confidential material or matters; (2) the health or safety of the public or other employees; (3) the enforcement of laws; (4) the carrying of a firearm; (5) the potential for errors in • judgment, inattentiveness or diminished coordination, dexterity or composure that could clearly result in mistakes that would endanger the health and safety of others; or (6) the work requires such independence, or, is performed so that it cannot be safely assumed that mistakes such as those described in (5) above could be prevented by a supervisor or another employee. Substance Abuse Professional A licensed physician, licensed or certified psychologist, social worker, employee assistance professional or an alcohol and drug abuse counselor certified by the National Association of Alcohol and Drug Abuse Counselors Certification commission (NAACAC) with specific knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug - related disorders. Innauthorized Drug - Any drug which is (1) not legally obtained, including a prescribed or over -the- counter drug not legally obtained, or (2) not being used for the purpose for or in the dosage for which it was prescribed or manufactured. I Inder the Influence - Having the presence of any detectable level of a controlled substance, unauthorized drug, or their metabolite in the body, or the presence of alcohol at a blood level in excess of .02%. 11 • III. Substance Abuse Policy 1. The Policy The use of any controlled substance or the abuse of any legal or unauthorized drug, or alcohol, by employees of the Department is unacceptable and censurable conduct worthy of strong disciplinary action. As such, no employee, except as authorized by the Department or in the course of their official duties and in furtherance of a police task, shall: (a) Use, manufacture, distribute, dispense, sell, possess, or be under the influence .of a controlled substance or an unauthorized drug; (b) Use, possess, manufacture, distribute, dispense, or sell controlled substance paraphernalia as listed under Section 11364 of the California Health and Safety Code; (c) Ingest or possess any alcohol or drugs, while on duty, unless authorized and/or prescribed by competent physician or perform duties which, because of an authorized drug(s) taken by the employee, cannot be performed without posing a threat to the health or safety of the employee, other persons, or property; (d) Have a blood alcohol level in excess of .02% or consume alcohol within 4 hours of reporting for duty, or consume any alcohol or authorized drugs, while off duty, to the extent that evidence of such consumption is apparent when reporting for duty and the employees ability to perform their duties is impaired. • 2. . Substance Testing Policy To ensure that this policy is effective, fair, accurate and as unintrusive as possible, all substance testing shall be performed in accordance with the substance testing procedures contained herein. Additionally, unless otherwise specified within this policy, no substance testing shall occur unless; (a) An employee exhibits objective syrnptoms of being under the influence of alcohol and/or drugs, or; (b) There is a reasonable and articulated suspicion that the employee has ingested or absorbed into the body, any substance, by any means or under any circumstance that is in violation of this policy. In the event of any substance testing, the employee shall be entitled to the following protections and procedures: (a) A department employee of the same sex as the tested employee shall be responsible for the collection of any urine sample. (b) Sample collection shall be monitored in an atmosphere of privacy and dignity. (c) Sample collection shall be conducted in such away as to ensure a tamper proof. sample. (d) Testing of any urine sample shall be by a two stage process, with the second stage analysis done only in the event of and to confirm a positive test result from the first stage analysis of the sample. • (e) Sample analysis shall be conducted within 10 (ten) days of collection with notification of negative test results forwarded via written notice within 14 (fourteen) days. (0 Unless otherwise noted in this agreement, employees who test positive for alcohol • and/or one or more drugs will be given an opportunity to have a portion of the sample retested by a reputable chemical laboratory at City expense. If a breath test is utilized for the presence of alcohol, breath samples within a .02% reading shall be considered confirmatory with no other test required. (g) An employee requested to take a test may telephonically consult with a representative before the test and have a representative present during the test, provided such representative is able to arrive at the scene within 2 (two) hours. If, while awaiting a representative, the employee must relieve him or herself, a sample shall be provided and held by the department representative pending the employee's receipt of advice. Such sample shall be returned to the employee if he or she chooses to refuse a sample after advice, however, refusal to submit to a test ordered in compliance with this policy will be considered insubordination and subject to disciplinary action, up to and including termination. 3. Confidentiality Confidentiality is an essential element of this policy. As such: (a) Any employee violating confidentiality shall be subject to discipline and may also be civilly or criminally liable. (b) The results of any testing pursuant to this policy shall be used for employment and administrative purposes only. (c) ,All records pertaining to substance testing shall be considered a personnel matter and remain confidential pursuant to Section 832.7 of the California Penal Code and kept • under then strict control of the Chief of Police, for the Department, or the Personnel Director, for the City. (d) Without the employee's consent, test results may be disclosed only to City management and the City Attorney on a strictly need -to -know basis. (e) The employee will be provided with the results of any test. (f) The City may disclose test results without the employee's consent only when: (1) The information is compelled by law, judicial decision or administrative process. (2) The information has. been placed at issue by the employee in a formal dispute between the employee and the City. benefit plan. (3) The information is necessary to administer an employeeP (4) The information is necessary by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. (g) Any positive test results determined to be negative ina confirmatory test shallbe removed from an employees file and destroyed.. 4. Consent Before a drug and/or alcohol test is administered, employees and/or job applicants will sign the consent form, which is attached to this agreement, authorizing the test and release of the test results to the Department and City in compliance with the Confidentiality of Medical • Information Act of 1981, section 56 et seq., California Civil Code. • 5. Employee Responsibility - Affirmative Duty to Report Workplace integrity and public safety are the primary concerns of this policy and it is agreed that all members of the Department have an affirmative duty to report any violation of this policy to their appropriate supervisor.. If the violation involves supervisory personnel, employees shall report the suspected violation to the Chief of Police, either verbally or in writing, detailing the evidence of the alleged substance abuse. The Chief of Police, or his designee, may then proceed with substance testing in accordance with this agreement. Employees reporting any such violation(s) may constitute a "disclosure of information" within the meaning of Government Code Section 53296, et seq., and as such, any employee reporting such substance abuse violation(s) shall be protected from any reprisal. 6. violation of Policy A violation of this policy may result in disciplinary, action, up to and including termination pursuant to procedures in the Department's Manual of Rules, the City's Personnel Rules and in compliance with the Public Safety Officer's Bill of Rights per California Government Code Section 3300 et seq. Additionally, the Department may impose discipline for work related problems, separate and apart from violations of the Substance Abuse Policy, even if such rule violations or work related problems result from drug and/or alcohol abuse. • IV. Substance Testing Program 1. The Program In accordance with the provisions of this agreement, an applicant for any position with the -Department must take and successfully pass a urinalysis, blood, or other medical test for the presence of controlled substances in the body prior to and as a condition of employment. (a) Pre -Employment Testing An applicant must sign the required acknowledgment form (Attachment A) regarding the examination in order for the application to be considered any further. Failure to sign the acknowledgment form will be deemed as a voluntary withdrawal of the application and will result in the application not being considered any further. Prior to employment, the applicant must take and pass a urine, blood, or other medical test for designated controlled substances as a condition of employment. Refusal to submit to this test, refusal to cooperate in the administration of the test, adulteration or substitution of a specimen, tampering with test results, or a positive test result will be a basis for denying employment. • (b) Probationary Employee Substance Testing Probationary employees, performing duties in sensitive positions, will be subjected to random substance testing, a minimum of 2 (two) and maximum of 4 (four) times • during their probationary period established in the existing Memorandum of Understanding. All other probationary employees will be subjected to random substance testing, a minimum of 1 (one), and maximum of 2 (two) times during their probationary periods. Testing will be done at the discretion of the department, unannounced, and during the employee's. regularly scheduled shift. Collection, preservation, analysis, storage and retesting of any positive samples shall be done in accordance with guidelines in this agreement. (c) Testing During Employment Notwithstanding any other provisions of this Agreement, employees performing duties in a sensitive position shall submit to post accident and reasonable suspicion substance testing for alcohol and/or controlled substances if. (1) The Department reasonably believes that such employee is responsible for or contributed to a motor vehicle accident which results in a fatality, serious injury, or the employee/driver. is cited for a moving traffic violation arising from the accident by the appropriate investigating/citing agency; and, the Department has a reasonable • suspicion that the employee/driver has consumed alcohol or a controlled substance in violation of the terms of this agreement; or (2) The Department has a reasonable suspicion that such employee is using or is under the influence of a controlled substance or alcohol in violation of the terms of this agreement. Such a suspicion may arise from (a) direct observation of an individual;.(b) from a pattern of abnormal conduct or erratic behavior, including deteriorating job performance; (c) when such employee has been arrested for, convicted of, or identified as the target of a criminal investigation in a drug related offense; (d) based upon information provided either by reliable and credible sources or independently corroborated; or (e) when newly discovered evidence discloses that the employee tampered with a prior drug test. The department does. not have to be certain that the employee is using a controlled substance or has consumed alcohol in violation of this order; or is responsible for or contributed to the incident(s) described in section c(2) above, to undertake such substance testing. Prior to requiring an employee, in a sensitive. position to submit to testing, the Department shall gather relevant information and evidence that satisfies the requirements set forth in sections c(1) or c(2) above. The Department may use any lawful method in obtaining such information or evidence. The information shall then be forwarded to the Chief -of Police who will then determine the need for any • substance testing. • Nothing in this agreement shall prohibit a supervisor from taking immediate action in requesting a substance test from any employee who is reporting for duty, or on -duty, and the supervisor has a reasonable suspicion that the employee is under the influence of a controlled substance and/or has consumed alcohol or any other drug in violation of this agreement or the Department Manual of Rules. The supervisor's reasonable suspicion shall include, but not be limited to, their personal observations of the employee's actions, appearance, speech, body odors, or other conduct that is indicative of the use of controlled substances, alcohol, or other drugs. Supervisors having. immediate concerns and a reasonable suspicion that an on -duty employee or an employee reporting for duty is not fit for duty due to the consumption of a controlled substance, alcohol or other drugs, shall verbally inform the employee of the suspicion and administer an appropriate substance test in accordance with the procedures in this agreement. Refusal to submit to a substance test, ordered by a supervisor under the above circumstances, may result in disciplinary action, up to and including termination. Where there is a reasonable suspicion that the employee is under the influence of a controlled substance, alcohol, or any other drug and is unfit for duty, the supervisor shall place the employee on emergency suspension. All follow-up and necessary documentation regarding the circumstances of the emergency suspension shall be • completed in accordance with Chapter IV of the Department Manual of Rules. 2. Administration of Substance Abuse Program The Administrative Sergeant, Professional Standards Section, is the Department employee designated as the substance abuse testing coordinator and responsible for administering the preemployment and probationary status employee testing program The Administrative Sergeant is responsible for scheduling, supervising and collecting urine samples to test for controlled substances from preemployment applicants and probationary status employees., Absent the Administrative Sergeant, the on duty Watch Commander is responsible for administering any post accident or reasonable suspicion substance testing for any employee assigned to their particular shift and the Administrative Sergeant will be notified of the circumstances as soon as.practical. In all cases, the reasons for and circumstances of the test shall be documented in a confidential memo to the Professional Standards Section including the determination of the following: (a) If an employee. has recently taken a lawfully prescribed drug. (b) If an employee has taken any non-prescription drug. • (c) If an employee has had any recent, passive exposure to a controlled substance. Supervisory Guidelines for Specimen Collection • (a) Post Accident Testing Post accident testing for alcohol and controlled substances must be given as soon as practical following a qualified accident involving a department employee in a sensitive position Alcohol tests (breath sample). using the department intoxilyzer. shall be done within 2 (two) hours following an accident. If not completed within 2 (two) hours of an accident, it shall be documented as to why the test was not completed and if not completed within 8 (eight) hours, no further attempt should be made for a breath sample. . Only an imoxilyer that provides a printed test record of the sample shall be utilized. A preliminary alcohol screening unit (PAS) is not acceptable under the terms of this agreement. A drug test.(urine sample) shall be administered as soon as.practical after an accident and if not administered within 32 hours of the accident, no test shall be obtained. The supervisor shall document the reasons why the test was not administered or performed in a timely manner. • Following a qualified.accident, .the employee shall remain available for such.testing, or may be deemed to have refused to submit to testing. This does not require the delay of any necessary medical attention for the injured following the accident, nor prohibit the employee from leaving the scene to .obtain assistance or necessary emergency medical care. (b) Reasonable Suspicion of Drug and/or Alcohol Use The supervisor must use the following process to validate the reasons for considering a drug and/or alcohol test. All observed behaviors must be documented and, if possible, another supervisor should be present. However, nothing in this agreement will prevent the on duty Watch Commander from acting independently in requesting a substance test if reasonable suspicion exists. (1) The supervisor should personally escort the employee to an office or other private area. If possible, another supervisor should be present as a witness. (2) The supervisor shall state the definition of reasonable suspicion, as contained in this agreement, and the reasons the supervisor suspects drug and/or alcohol usage. (3). The supervisor shall question the employee as to the use of any alcohol and/or drugs in violation of this agreement, document any • information or behavior related to the suspected use and make a • determination as to whether or not the employee appears to have used any alcohol and/or drugs during the times in which the employee is required to be in compliance. (4) If the employee does not appear to be in violation of this agreement for the use of alcohol and/or drugs, the supervisor shall release the employee to perform their regular work duties. (5) If the supervisor believes that the employee is in violation of this agreement for the use of alcohol and/or drugs, the supervisor shall proceed with the approved alcohol and/or drug.testing. (6) If the employee refuses to cooperate in the investigation or refuses alcohol and/or drug testing, the employee shall be advised that their refusal will be considered insubordination and subject to disciplinary action, up to and including termination. (7) If the employee consents to the alcohol and/or drug testing, the employee shall be escorted to an appropriate alcohol and/or drug testing site. (8) At the appropriate collection site, the alcohol and/or drug test will be conducted in accordance with the procedures set forth. (9) If the collection site is away from the department, the supervisor shall be responsible for transporting the employee to and from the collection site and the workplace. • (10) If an alcohol test is provided and the results are below a .02 % blood alcohol level, the employee may be returned to work with no corrective action. (11) If a drug test is taken in which immediate results are not available, the supervisor shall notify the employee that, until the drug test results are completed; the employee will be on administrative leave with pay. .(12) If it is believed that the employee is impaired by alcohol and/or drugs, the supervisor shall make arrangements for the employee to be taken home. V.. Specimen Collection Procedures I. Drug Testing . When conducting..a drug test, procedures shall be followed in .accordance with accepted practice for criminal cases. Additionally, the following steps shall be . followed: (a) The employee or applicant shall'be escorted to a location where private urination can occur which is equipped witha.toilet for. completion of urination and a source of water is present for washing hands. (1) If possible, a bluing agent should be placed in the toilet water to ensure that any sample is not.diluted or altered. . (b) The site shall be secure so that other persons are not present during the test to avoid embarrassment to the individual or distraction to the supervisor conducting the test. (c) The supervisor shall obtain two sterile, urine specimen bottles and one urine sample evidence envelope, confirming with the employee or applicant that the seals on the sterile specimen bottles are unbroken prior to use. The supervisor shall be responsible for completing all information on collection times on the specimen bottles and the necessary information on the evidence envelope. (d) The employee or applicant shall wash and dry their hands prior to providing a sample and be given one of the urine specimen bottles in which to provide the sample. This specimen bottle willbe the primary sample and so marked by the supervisor. (e) The employee or applicant shall.provide a sample of at least 60 millileters of urine in the primary sample bottle and turn the sample bottle, unsealed, over to the supervisor conducting the test. (1) If the employee or applicant is unable to provide a sufficient sample, the individual shall bedirectedto consume a -reasonable amount of fluids until a sufficient sample can be obtained. If the employee or applicant refuses to consume fluids as directed, the collection process will be terminated and the test considered a refusal. (2) In pre -employment drug testing, if after a reasonable time, a sufficient sample cannot be obtained, the Administrative Sergeant shall reschedule the test for a later time. (3) If a. post -accident or reasonable suspicion drug test, the employee shall remain under supervision until a sufficient sample is obtained or until 3 hours have passed from the start of the collection process. (4) After the 3 hour time limit without a sufficient sample, as soon a possible, the supervisor shall direct the employee to an agreed upon licensed physician to ascertain if there is a medical condition, with a high probability, that would preclude the employee from providing an adequate urine sample and thus would not be considered a refusal to test. For purposes of this paragraph, a medical condition includes an ascertainable physiological condition or.a.documented pre-existing physiological disorder, but does not include unsupported assertions of "situational aiDdety" or dehydration. a The employee shall obtain a written statement on the medical condition, setting forth the basis for the conclusion, however, it shall not include detailed information on the medical condition of the employee. If the physician is unable to make a determination regarding the employee's failure to provide an adequate sample, it will be regarded as a refusal to test. • (f) Any attempt to alter; dilute. tamper or contaminate the sample, by the employee,. shall be documented by the supervisor and, if necessary, a second sample obtained. Refusal to provide the requested sample shall also be considered a refusal. (g) Upon receipt of the primary sample provided by the employee or applicant • and while still in their presence, the supervisor shall split the primary sample • by pouring approximately 15 milMeters of the sample into the second sample be bottle, marking the bottle as the second sample. Both bottles will then sealed and placed into the urine evidence envelope. (h) The evidence envelope containing the samples shall either be turned over directly to the Administrative Sergeant, for transportation to the appropriate drug testing lab, or if not immediately transported or turned over to the Administrative Sergeant, the packaged samples shall be entered into the Department evidence locker until it can be forwarded to the lab. (i) . The Administrative Sergeant shall be responsible for transporting the sample to the appropriate lab for testing and maintaining the chain of custody of the sample on the evidence envelope. Every effort shall be taken to limit the number of employees handling the specimen. (j) The testing lab shall conduct an initial test on the primary sample for the listed drugs, with the following cut-off levels established by the National Institute on Drug Abuse, to determine whether a confirmation test will be given: (1) - PCP 25 ng/ml (2) Cocaine 300 ng/ml (3), Opiates 300 ng/ml (Morphine) (4) Methaqualone 750 ng/ml (5) Barbiturates 200 ng/ml (6) Amphetamines 1,000 ng/ml • (7) Cannabinoids 50 ng/ml (THC) (8) Benzodiazepines 300 ng/ml (Valium, Oxazepam) (k) If the primary sample tests negative for the listed substances, the Department shall be notified and both samples shall be destroyed by the testing lab and a written report shall be forwarded to the Department. (1) If the primary sample tests positive for any of the listed substances, the testing lab. will notify the Administrative Sergeant who will then contact the tested employee or applicant. The employee or applicant will then determine if the confirmatory test is to. be conducted on the secondary sample at the original testing labor if. an. agreed upon second, reputable testing lab will be utilized for the confirmatory test. (1) If a primary test result is positive, the tested employee shall remain on administrative leave, with pay, while confirmatory tests are performed.. (m) The Administrative Sergeant shall then arrange for transportation of the samples, to the agreed upon lab at Department expense, or have the original lab perform the confirmatory test on the secondary or split sample. If the confirmatory test on the split sample does not reconfirm the original test results of the primary sample, the test shall be canceled and not considered a, positive test. (1) When the confirmatory tests conflict with the original primary test results, applicants shall be scheduled for and subrmt to a second drug test procedure. • (2) All reports and the confirmatory test results -for employees shall be forwarded to the Chief of Police for review and consideration of a second drug testing procedure or further action. . (n) All remaining samples and written reports from the testing lab shall be returned to the Department and retained in accordance with this agreement. (o) The Administrative Sergeant, Professional Standards Section, shall complete an investigation into the violation of this policy and forward.a report to the Chief of Police for further consideration and action regarding the employee. (I) In all cases of employee testing where alcohol or drug involvement is confirmed, the employee shall be referred to a Substance Abuse Professional. (2) Any applicant who is rejected for failing to pass a drag test may reapply for a position with the Department after one year. 2. Alcohol Testing (a) All post accident/reasonable suspicion alcohol testing shall be done in compliance with guidelines established pursuant to this agreement and documented accordingly. (b) The employee shall be escorted to the testing site by the testing supervisor, which will normally be the area where the Intoxilyzer 5000 is maintained at the Department. (1) In. circumstances where the Department Intoxilyzer 5000 is not available or inoperative, arrangements will be made by the testing • supervisor to transport the employee to the nearest agency which has an operative Intoxilyzer. (2) In all cases, the supervisor shall be responsible for taking all reasonable measures to insure the confidentiality and privacy of the employee being tested. (c) The testing procedure using the Intoxilyzer 5000 shall be the same as followed in any criminal investigation with the exception that the name of the employee tested and the test results shall not be recorded on the Intoxilyzer Operations Log which is maintained with the machine. (1) The employee shall be observed for 15 _minutes prior to the test, during which time they may not eat, drink, or put any substance or object in their mouth. (2) A .permanent test record shall be created by using the standard Intoxilyzer Printout Card during the test. (3) The supervisor conducting the test shall open a new, individually sealed mouthpiece in the presence of the employee being tested and attach it to the Intoxilyzer according to instructions. (4) The employee shall blow forcefully into the Intoxilyzer for at least 6 seconds, or until the Intoxilyzer has an adequate breath sample in which to perform a successful test. (5) Upon completion of the first test, the employee shall provide a second breath sample and if the results are within .02% of the results of the • first test, it will be considered a valid and confirmatory test. • (6) If the test results vary by more than 0.02%, an additional breath sample shall be obtained until two results are within the .02% variation to be considered valid and confirmatory. (7) If the alcohol test results are below 0.02% and symptoms exhibited by the employee indicate a higher level of intoxication, the supervisor may conduct a further examination for possible drug use and if reasonable suspicion is established, an additional drug test may be ordered. (d) If the blood alcohol test results are below 0.02%, the employee shall be provided a copy of the Intoxilyzer test record and may be returned to their duties. (e) If the blood alcohol results are 0.02% or higher, the employee shall be placed on administrative leave, with pay, and relieved of performing any duties. (f) The Administrative Sergeant, Professional Standards Section, shall complete an investigation into the violation of this policy and forward a report to the Chief of Police for further consideration and action regarding the employee. (1) In all cases of employee testing where alcohol or drug involvement is confirmed, the .employee shall be referred to a Substance Abuse Professional. 3. Return to Duty • Employees who violate this policy and who are accepted to return to duty and follow- up status must first provide a negative drug and/or alcohol test. Employees who return to duty after having violated department policy are subject to periodic follow- up testing as set forth in this agreement. VI. Follow -Up Status and Testing. Barring any other disciplinary action by the Department, employees who are found in violation of this policy and considered for return to duty, must be evaluated by a Substance Abuse Professional (SAP) to determine whether the employee needs assistance resolving problems associated with drug and/or alcohol misuse. The City has no obligation to provide or pay for any such treatment. This is the responsibility of the employee which can usually be offset through the employee's medical insurance. Before returning to duty, each employee identified as needing assistance must: (1) be evaluated by a SAP to determine whether the employee has successfully complied with treatment prescn'bed following an initial evaluation; (2) undergo a drug and/or alcohol test to satisfy the acceptable status for return to work; and (3) be subject to a minimum of three (3), unannounced, follow-up drug and/or. alcohol tests over the 12 months following the return to work. r� U City of Morro Bay Police Department Release and Disclosure Form Regarding Substance Testing This authorization for use or disclosure of medical information is being requested of you to comply with -the terms of the Confidentiality of Medical Information Act of 1981, Section 56 et sea., California Civil Code. I. Release I hereby authorize To furnish to the City of Morro Bay the results of any test to detect the presence of drugs in my body. I do not authorize the release of any other personal information which said tests may reveal. I only authorize the City of Morro Bay to use the results of said test(s) in making decisions regarding my employment or continued employment with the City. I release and agree to hold harmless any doctor, medical personnel, hospital, medical center, clinic, etc., and the City of Morro Bay and/or any of its agents, directors, officers, or employees from any and all liability arising from the conduct of the test(s), and release or use of the information derived from or contained in my test results. II. Duration • This consent and authorization to release information shall become effective immediately and shall remain in effect for as long as I may be employed by the City of Morro Bay Police Department. III. Additional Copy I understand that I have a right to receive a copy of this authorization upon my request. Copy requested and received: Yes [ ] No [ ] Initials Date: Applicant/Employee's Signature Department Representative/Witness 0 City of Morro Bay Police Department Acknowledgment and Consent Form . Regarding Substance Testing I. Acknowledgment I acknowledge receipt of a copy of the Department's Substance Abuse policy and Substance Testing Program. I understand that I am responsible for becoming familiar with the provisions of this Policy and for complying with them. I acknowledge that any offer of employment with the Department is. contingent upon taking and passing a pre -employment drug test. This. test may include a urine or blood test, or other methods to detect the presence of drugs. I also acknowledge that continued employment with the department is also conditioned upon taking and passing post -employment drug test(s) consistent with the provisions of this Policy. I understand that the failure to sign the required acknowledgment and consent forms regarding the testing policy will result in my application not being considered further for initial employment. Refusal to submit to this test, refiisal to cooperate in the administration of the test, adulteration or substitution of a specimen, tampering with test results, or a positive test result will be a basis for rejecting me from further consideration for employment or may result in termination of employment. I understand that if I am applying for a position and refuse to take or fail to pass the test, I am free to reapply for employment with the Department after one year. H. Consent I hereby consent to a urine test, blood test, or other method to determine the presence of any drug(s) and authorize a physician and/or other qualified medical technician to conduct such a test. Date: Applicant/Employee's Signature Department Representative/Witness 0 • RESOLUTION NO. 13-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING GUIDELINES FOR SELECTION AND QUALIFICATIONS OF ADVISORY BOARD MEMBERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted a Policy Statement for Selection of Advisory Board Members on February 9, 1998; and WHEREAS, the City Council now wishes to amend said policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City Council of the City of Morro Bay, California, does hereby adopt the attached amended City Council Policy Statement for Selection and • Qualifications of Advisory Board Members. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of February, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ATTEST: BRIDGEt BAUER, City Clerk 0 • CITY COUNCIL POLICY STATEMENT Guidelines for Selection of Advisory Board Members S • 1 The City Council has established and may continue to establish advisory bodies to perform specific tasks for the City. This process furthers the goal of a participatory government, and encourages open communications between the City Council and its citizens. Advisory Board and Commission members provide advice and input to the City Council and serve as proactive and reactionary sounding boards on various issues and problems confronting the City. Citizens appointed by the City Council to serve on advisory bodies render valuable service to their community and to the City. POLICY 1. The City Council will set a specified date and time to interview every candidate for appointment to an Advisory Board or Commission. Interviews before the Council are required of incumbents seeking re -appointment as well as first-time • applicants. Incumbents whose terms are expiring shall be notified by the -City. Clerk. 2. Candidates unable or unwilling to appear for the scheduled interview before the City Council shall not be considered for appointment, except in the case of excusable neglect as determined by the City Council. 3. Members shall not hold any other public office in the City, or employment in the City government. 4. Advisory Board and Commission members shall be a qualified voter of the City of Morro Bay, except as provided in this document. S. Absence of a duly -appointed Advisory Board or Commission member from three consecutive meetings of their respective Board or Commission during the calendar year, without formal consent of the Board or Commission recorded in its official minutes, constitutes the voluntary resignation of such absent member and the position shall automatically be declared vacant. 6. January 31st is hereby established as the month and day all terms expire in the year specified when members are appointed. Length of terms shall be determined by the City Council. • Guidelines for Selection of Advisory Board Members Page Two 7. The City shall write a letter to organizations encouraging recommendations for Board and Commission positions that are open for selected categories. 8 Each Council Member shall be polled during the interview process until selections are made. 9 If interviews are taped or aired live they shall be done so gavel to gavel, This Policy Statement shall be attached to all Applications for Appointment to inform prospective candidates of its content and applicable City policies. Advisory Board by- laws shall be amended to conform with this policy. 1 6 RESOLUTION NO. 12-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE LIVE BROADCAST OF THE "JUST DESSERTS" AWARDS RECEPTION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council approved public access channel guidelines include the Harbor Festival as an event authorized for broadcast; and WHEREAS, the "Just Desserts" Volunteer Awards Reception is the end result of the Harbor Festival fund-raising effort; and WHEREAS, there are no other City meetings scheduled for the time period of the reception, the time is within the designated period for airing community events, and there would be no cost to the City for this broadcast; and • WHEREAS, the live broadcast of the reception would further recognize the efforts of the volunteers and generate support for the fund-raising activity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, authorizes the live broadcast of the "Just Desserts" Volunteer Awards Reception on Sunday, February 28, 1999 from 4:00 p.m. to 6:00 p.m. on Channel 54. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting thereof held on the 8th day of February, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None rr.1191010ff= ATTEST: . _ _, .R. 'i —� g. rIewm •�ER ANDERSON, RESOLUTION 11-99 • A RESOLUTION OF THE CITY OF MORRO BAY ADOPTING FINDINGS TO UPHOLD THE APPEAL OF THE APPROVAL OF MUP 21-98/CDP 50-98A (467 LA JOLLA STREET), THUS DENYING THE APPLICATION REQUEST THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Director of Planning & Building, on October 9, 1998, conditionally approved a minor use permit and coastal development permit to legalize the use of an existing detached accessory structure as a residential second dwelling unit ("the project") at 467 La Jolla Street after providing public notice in accordance with the requirements of the Municipal Code and after considering all public comments received; and, WHEREAS, the Director of Planning & Building's decision was appealed by Chuck Reasor, George Daniels and Ralph Agee on October 13, 1998; and, WHEREAS, the Planning Commission of the City of Morro Bay, on December 7, 1998 did hold a duly noticed PUBLIC HEARING, to consider the appeal filed by the appellants of the Director of Planning & Building's decision to conditionally approve a minor use permit and coastal development permit and, after considering public testimony, including the statements of the applicant and appellants, decided to uphold the Director of Planning & Building's conditional approval of this project, with addition of further conditions pertaining to parking and unit • occupancy; and, WHEREAS, the Planning Commission's decision was appealed by Chuck Reasor, George Daniels and Ralph Agee on December 15, 1998; and, WHEREAS, on the 25th day of January 1999, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING to consider the appeal of the Planning Commissions decision; and WHEREAS, on February 8, 1999 following the PUBLIC HEARING, and upon consideration of the testimony of all persons, both written and oral, the City Council upheld the appeal of the Planning Commission's decision, thereby denying the minor use permit and coastal development permit based on the following findings: The building housing the second dwelling unit does not conform to the requirements of Title 14 of the Morro Bay Municipal Code as it does not meet the minimum three (3) foot side yard setback requirement required by Code and as such cannot be used for residential occupancy without substantial alterations, and, since the building was originally constructed before building permits were required, it is likely that major modifications would be required to bring the building into compliance with current Uniform Building Code requirements; and, 2. The existing residence on the project site does not conform to current City requirements for a minimum of one enclosed, covered parking space on -site, and the approval of an additional dwelling unit on the project site would exacerbate this nonconformity unless new covered, enclosed parking is provided which has not been proposed as part of this project; and, • Resolution No. 11-99 Page 2 Any additional parking that can be provided on the project site would need to be tandem and would require encroachment into the public right-of-way, however tandem parking is not considered feasible in this instance due to the intensity of use of the site as noted in testimony before the Planning Commission and because the primary dwelling does not conform with current off-street parking requirements as noted above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the appeal of the Planning Commission's decision to conditionally approve this project shall be sustained, thus denying the original application request and requiring the structure to be converted to a legal use under current City zoning and building code requirements. PASSED AND ADOPTED by the City Council of the City of Morro Bay on the 8th day of February, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSTAIN: None ABSENT: None D R ANDERSON, Mayor City f Morro Bay ATTEST: BRIDGET BAUER, City Clerk City of Morro Bay .1ID2398S.WSOFFICMWINWORD\PL N&BLD\RL.S-ORD\RM01.99.CC RESOLUTION NO. 10-99 RESOLUTION ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION'S CERTIFICATION OF MORRO BAY LOCAL COASTAL PROGRAM MAJOR AMENDMENT 1-98 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay conducted a public hearing on July 27, 1998 and on September 14, 1998 approved Ordinance No. 470 amending the City's Local Coastal Program Implementation Plan by adding Chapter 17.70 to the Zoning Ordinance; and WIIEREAS, the City submitted the amendment regulating the establishment of adult entertainment businesses in the City of Morro Bay to the Coastal Commission for certification; and WHEREAS, on February 3, 1999 the California Coastal Commission did certify the amendments to the City of Morro Bay Local Coastal Program Implementation Plan (Zoning Ordinance text) with modifications as set forth in the attached Exhibit incorporated by reference herein; and WHEREAS, pursuant to the California Code of Regulations, Title 14, Section 13544 the City Council acknowledges receipt of the Coastal Commission's resolution of certification, including acceptance of the modifications. • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay hereby accepts the Coastal Commission's modifications as set forth in the attached Exhibit and directs staff to complete the necessary actions to submit this Resolution to the Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 8th day of February, 1999, by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: Crotzer ABSENT: None ABSTAIN: None ATTEST: .H ISN9\S.NISOF ICE\WRWOWD LAN&BLDR S-ORDO 10.99.D • RESOLUTION NO.09-99 APPROVAL OF AMENDMENT No. 1, A 6 MONTH EXTENSION TO ARTICLE 3, CONTRACT #97-204-320 BETWEEN THE CITY OF MORRO BAY AND THE DEPARTMENT OF BOATING AND WATERWAYS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay entered into Contract 497-204-320 with the Department of Boating and Waterways (DBW) on July 13, 1998 approving a $50,000 grant for outfitting and equipping a new harbor patrol vessel; and, WHEREAS, said contract requires purchase of the equipment by February 28, 1999 and the City anticipates that purchase of the equipment to outfit and power the new Harbor Patrol vessel will not be completed until July, 1999; and, WHEREAS, DBW has authorized Amendment No. 1 to said contract which will extend the equipment purchase clause, Article 3, Page 1, of the contract until August 31, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment No. 1 to DBW Contract #97-204-320 is hereby approved and the Vice -Mayor is hereby authorized to execute said amendment. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25`h day of January, 1999, by the following vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson A -A BRIDGE AUER, CITY CLERK 0 17.1w a a 0 . N MTA Lai . RESOLUTION NO. 08-99 A RESOLUTION PROHIBITING PARKING ON QUINTANA ROAD WEST OF BELLA VISTA DRIVE THE CITY COUNCIL City of Morro Bay, California WHEREAS, a survey conducted by the Public Works Department has determined that a need for a parking restriction exists on Quintana Road west of Bella Vista Drive; and, WHEREAS, pursuant to Morro Bay Municipal Code Section 10.36,040, the City Council may determine by resolution when standing, stopping, or parking of any vehicle on publicly owned property is prohibited; and, NOW, THEREFORE BE IT RESOLVED that standing, stopping, or parking of vehicles is hereby prohibited on the south side of Quintana Road west of Bella Vista Drive for a distance of 61 feet as shown in the attached drawing marked "Exhibit B"; and, • BE IT FURTHER RESOLVED that, in accordance with Morro Bay Municipal Code Section 10.36.120, the City Engineer is directed to have proper signage installed to implement this resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 250' day of January, 1999, by the following roll call vote: AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson 414i/ i, LX�Xzwo�_, DAVE • •' ATTEST: is BRIDGET AUER City Clerk • I• rl� EXHIBIT "B" • RESOLUTION NO.07-99 RESOLUTION AMENDING MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MORRO BAY AND MORRO BAY PEACE OFFICERS ASSOCIATION TO ESTABLISH LEAD DISPATCHER DESIGNATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Memorandum of Understanding between the City of Morro Bay and the Morro Bay Peace Officers Association was approved by Resolution No. 31-98; and WHEREAS, City and Association desire to amend said Memorandum of Understanding to set forth the designation of Lead Dispatcher; and WHEREAS, funding for said designation has been provided for in the current Fiscal Year 1998/99 Budget. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the • attached Amendment to Memorandum of Understanding Between the Morro Bay Peace Officers Association and the City of Morro Bay is hereby approved. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 25' day of January 1999. AYES: Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: Anderson DAVE ELLIOTT, Vice Mayor ATTEST: 0 • AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN MORRO BAY PEACE OFFICERS ASSOCIATION AND THE CITY OF MORRO BAY This Side Letter between the City of Morro Bay and the Morro Bay Peace Officers Association is to establish the circumstances under which a Lead Dispatcher will be appointed on a rotational basis. This Side Letter will be attached to the Memorandum of Understanding between the parties ("MOU"), for the period January 1, 1998 through June 30, 1999. To the extent anything in the memorandum of understanding conflicts with this letter, the parties agree that this letter shall prevail. The parties agree that during the term of the MOU, Section 18.4 shall be added to the MOU as follows: 18.4 Lead Dispatcher 18.4.1 A dispatcher who is designated, on a rotational basis, as the Lead Dispatcher, will receive a stipend of $100 monthly while so designated and performing the extra • duties assigned to the position. 18.4.2 The parties agree that the Police Chief has the right to designate the manner and length of the rotation that a dispatcher may be designated as Lead Dispatcher. 18.4.3 It is also agreed that the $100 monthly stipend is not considered a merit increase or pay raise and that the designation of Lead Dispatcher is not a promotion or permanent position. Any dispatcher who is temporarily designated as Lead Dispatcher and is reassigned regular dispatch duties, with or without cause or at the end of the designated period, will no longer receive the $100 monthly stipend. It is agreed return to regular dispatch status is not a grievable matter. Date: 1 " <� " 9 1 Date: MORRO BAY PEACE OFFICERS SSOC. 1 0- RESOLUTION NO.06-99 AUTHORIZING EXECUTION OF A LANDLORD'S ESTOPPEL AGREEMENT WITH FIRST BANK OF SAN LUIS OBISPO FOR LEASE SITE 122-123/122W-1232 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 122-123/122W-123W and Lease Sites I IOW,I 11 W, It 1.5W and 112W; and, WHEREAS, George Leage is the operator of the above Lease Sites; and, WHEREAS, on May 11, 1998 the City Council approved a new 20 year lease agreement for Lease Site 122-123/122W-123W. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay hereby approves and authorizes execution of landlord's estoppel certificates with the First Bank of San Luis Obispo on the above Lease Sites. • PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting held thereof on the 11`h day of January, 1999, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None Z� I T� BRIDGE AUER, CITY CLERK RECORDATION REQUESTED BY: FIRST BANK OF SAN LUIS OBISPO P.O. Box 1249 995 Hlguera Street San Luis Obispo, CA 93406 WHEN RECORDED MAIL TO: FIRST BANK OF SAN LUIS OBISPO P.O. Box 1249 995 Hlguera Street San Luis Obispo, CA 93406 SEND TAX NOTICES TO: HARBOR HUT, INC., A CALIFORNIA CORPORATION 214 Beach Street Morro Bay, CA 93442 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY LANDLORD'S ESTOPPEL CERTIFICATE _ ,r..,;,•,� THIS ESTOPPEL CERTIFICATEIS DATED DECEMBER 16, 1998, AMONG HARBOR HUT, INC., A CALIFORNIA CORPORATION, AS ASSIGNEE OF LEASEE (referred to below as 'Trustor"), whose address Is 214 Beach Street, Morro Bay, CA.: WW2; FIRST BANK OF SAN LUIS OBISPO (referred to below as "Lendern), whose address Is P.O. Box 1249, 995 Hlguera Street, San Luis Obispo, CA 93406; and City of Morro Bay (referred to below as "Landlord"), whose address Is 595 HARBOR STREET, MORRO BAY,,CA. 93442. ,Trustor and Lender have entered Into, or are about to enter Into, an agreement whereby Lender has acquired or will acqulre, In _addition to any, other collateral, a Deed of Trust to Lender on Truster's leasehold Interest In the Property described Below." To Induce Lender to extend one or more loans or other financial accommodations to Borrower against such security Interest In the Property and for other valuable consideration, with knowledge that Lender Is relying thereon, Landlord and Truster hereby agree with Lender as follows: THE LEASE. Landlord has leased the. Property to Trustor pursuant to a lease (the "Lease') dated July 1, 1998. The following Information is a summary of the basic terms and conditions of the Lease: That certain Lease commencing July 1, 1998, and terminating without notice on June 30, 2018, unless sooner terminated as provided for In said Lease, between the City of Morro Bay, municipal corporation of the State of California, •therein referred to as CITY, and Harbor Hut, Inc., A California Corporation, currently doing business as Harbor Hut Restaurant, L'll Hut and Tigers Folly II, therein referred to as TENANT. Said Lease covers Lease Site 122-123/122W-123W and Extension of Lease Site 122W-123W., This property is delineated on Parcel Map of the CITY of Morro Bay No. 68-30, which map was recorded on October 10, less, 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.. REAL PROPERTY DESCRIPTION. The Lease covers the following described real property, together with all Improvements thereon (the "Real Property) located In SAN LUIS OBISPO County, State of California: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. The Real Property or its address is commonly known as 1205 Embarcadero, Morro Bay, CA 93442. The Assessors Parcel Number for the Real Property Is 066-351-016 & 066-351-29. . ESTOPPEL Landlord and Trustor hereby jointly and severally represent and warrant to Lender that: (a) Lease In Effect The Lease M has been duly executed and accepted by Landlord and ,Trustor, (II) Is In full force and effect, and (III) has not been modified or changed, either in writing or orally, except as reflected in the copy o1 the Lease provided to Lender. (b) No Default As of the date of this Certificate, (I) all conditions and obligations to be performed by either Landlord or Trustor under the Lease, to the date hereof, have been satisfied; III) there exists no breach, default, or event or condition which, the giving of notice or the passage of time, or both, would constitute such a breach or default under the Lease; and 0I1) there are no existing claims, defenses or offsets against obligations of either Landlord or Trustor under the Lease, including any against rents due or to become due under the terms of the Lease. (c) Entire Agreement The Lease constitutes the entire agreement between Landlord and Trustor with respect to the Lease of the Property. (d) No Prepaid Rent No deposits or prepayments of rent have been made in connection with the Lease, except as may be described above In the summary description of the Lease. AGREEMENTS. Landlord and Trustor hereby Jointly and severally agree with Lender that, during all such times as Lender is the beneficiary of the security Interest in the Property described above: (a) Modification, Termination and Cancellation. Landlord and Trustor will not consent to any modification, termination or cancellation of the Lease unless Lender first consents thereto in writing. E F A LANDLORD WILL NOTIFY LENDER IN WRITING CONCURRENTLY WITH ANY NOTICE GIVEN TO TRUSTOR ANY BREACH OR DEFAULT ON THE PART OF TRUSTOR UNDER THE LEASE, AND LANDLORD AGREES THAT LENDER SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) TO CURE ANY BREACH OR DEFAULT SPECIFIED IN SUCH NOTICE WITHIN THE TIME PERIODS SET FORTH IN 12-16-1998 ESTOPPEL CERTIFICATE Page 2 Loan No 11481 (Continued) SAID LEASE. .. _. _... _. .... .... .. . _. ... .. MISCELLANEOUS PROVISIONS. This Certlficete'slielF extend to and, bind the respective helrs, personal representatives, successors and assigns of the parties to this Certificate. This Certificate shall be' governed by and-cbhstrued In- accordance.wlfh the laws of the State of California. If Landlord is other than�an Individual, "any agent or other person executing this Certificate on behalf of Landlord represents and warrants to Lender - that he or she has full power and authority to execute this Certificate on Landlord's behalf. Lender shall not be deemed to have waived any rights,. under this Certificate unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Certificate shall not constitute a waiver of or prejudice Lender's right otherwise to demand strict compliance with that provision or any other provision. TRUSTOR AND LANDLORD EACH ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S ESTOPPEL CERTIFICATE, AND EACH AGREES TO ITS TERMS. THIS CERTIFICATE IS DATED DECEMBER 16, 1998. GRANTOR: HARBOR HUT, INC., A CALIFORNIA CORPORATION ,!!IiI@'3kr9 By: I ". !.:!:I! ii i. i� eorge age dent IFN LAND ` NK O SAN S OBISPO .;L CI orro orized Offce r CERTIFICATE OF ACKNOWLEDGMENT STATE OF 01 U �AAvc h I Cc, ) UUNTY OF 6 .1 A w •On 1c�/�v�vu�IJ�, 1 \ "\� before me, 1 "��Y�uw1 .r�VU/lt/VJ�i.1I� w 1� personalty appeared George W. Leage;pers wn-to_aw (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they, executed the same In his/her/their authorized capacltyQes), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. - WITNESS my hand and official seal. 19MARIAN A. ANDERSON Commission # 1174521 0-1 Notary Public - California Son Luis Obispo County My Comm. 5q*m Feb 23.207 (Seal) RESOLUTION NO. 04-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 1998 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 1999 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Chapter 13.20 of She Morro Bay Municipal Code, calls for the City Council of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the Planning and Building and Public Works Directors after review by the City of Morro Bay Planning Commission and Public Works Advisory Board; and WHEREAS, the Local Coastal Program Land Use Plan and Ordinance Number 266, also known as Measure "F", and adopted by the voters in 1984, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed within that limit; and • WHEREAS, on the 21st day of December, 1998 the Planning Commission held a duly noticed public hearing and following its review of the report made its recommendations to the City Council; and WHEREAS, on the 11th day of January, 1999, the City Council did hold a duly noticed PUBLIC HEARING on the 1998 Annual Water Progress Report and the proposed 1999 Water Allocation Program; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: The City Council of the City of Morro Bay hereby receives and accepts the 1998 Annual Progress Water Report as submitted by Planning and Building and Public Works Directors, as amended and incorporated herein as if attached hereto; and A Water Allocation Program for the year 1999 is hereby adopted by the City Council of the City of Morro Bay containing the following elements: 1. The mix of residential units to be allocated at 55 single-family and 22 multi -family units; 2. Continue to process Residential Allocations within Measure F limits on a first - come/ first -serve basis, based on the priorities contained in the current General Plan �• and Local Coastal Plan policies; City Council Resolution No. 04-99 1998 Annual Water Progress Report & Residential Allocation for 1999 • Page 2 3. Allocate 130% of the residential water equivalency units to commercial and industrial projects within the priority categories consistent with the current Local Coastal Plan and General Plan policies; 4. Allocation periods shall be consistent with the current General Plan and Local Coastal Plan policies; and 5. Implement the revised allocation program upon certification of the amendments from the Coastal Commission, and acceptance by the City Council. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 1 Ith day of January, 1999 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None • ABSENT: None ATTEST: BRIDGE AUER, City Clerk ml:l /5/99\S:\MSOFFICE\W IN WORD\PLAN &BLD\RES-ORD\RESO4-99.DOC • ANDERSON, Mayor • City of Morro Bay 1998 Annual Water Report/Recommendations For 1999 Annual Allocation (as amended and accepted by City Council on Jaunuary 11, 1999) SUMMARY Pursuant to current Section 13.20.060 of the Municipal Code, the Annual Water Report has been prepared by the Public Works and Planning Departments for the review and adoption by the City Council, following review and recommendation by the Planning Commission. The purpose of the report is to describe the uses which have received water equivalency allocations in 1998 and to note the major projects which have been approved and are still awaiting an allocation of water equivalencies. Recommendations are presented for the 1999 Annual Allocation, including the Director's recommendation regarding the building allocation for residential units and the suggested mix of multi -family and single family residential units. The discussion section of this report includes: 1) progress report on the distribution of water equivalency units (weu's) for 1998; 2) status of previous fiscal year's building and water allocations; 3) status of the off -site retrofit program; 4) potable water production; current water use; water loss to date; and 5) projected water demands. DISCUSSION For the 1998 calendar year, the Planning and Building Department processed • residential coastal permits and building permits simultaneously on a first -come, first -serve basis. Water allocations are assigned to approved projects upon achieving the required number of retrofit savings. Measure F unit limits are tracked as building permits are issued. Commercial projects generally process Use and Coastal permits prior to submitting building permit applications. Progress Report on the distribution of water equivalency units for 1998: In January, 1998, the City Council approved the allocation of 50 single family and 27 multi- family residential units for the 1998 calendar year, and commercial and industrial allocations of up to 130% of the residential water to be allocated. Table 1 indicates the number of water equivalency units allocated to various uses as of December 9, 1998. There has been little commercial or industrial activity which required an allocation of water in this time period. From January 1st to December 8, 1998, the Planning and Building Department received 74 single family residential building permit applications, multi -family residential building permit applications for 15 units, and coastal permit applications for an additional 11 multi -family units. The 11 multi -family units which will not achieve building permits this year, plus the one (1) unit not applied for have been transferred, pursuant to Council direction, to the single family category to accommodate the single family residential unit applications which may be ready to issue prior to December 31st. To date, building permits for 51 single family units and 15 multi -family units have been issued. The majority of the commercial activity has included several minor tenant improvements to existing commercial buildings, with only one (1) commercial project which required a water allocation (see Table 1). 1998 Annual Water Report/ 1999 Allocation Recommendations (as amended by City Council 1/11/99) • There were 156 water equivalency units available in 1998, distributed within the following categories: 1) Commercial "A" (41%) - 63 weu; 2) Commercial "B" (7.7%) - 12 weu; 3) Industrial (8.5%) - 13 weu; and 4) Residential (42.8%) - 68 weu. To date, a total of 60.48 weu have been allocated, including 6.48 weu's allocated from the Retrofit Bank to People's Self Help Housing's affordable 12 unit apartment complex. 2. Previous Years 1992/93 Through 1998 Allocation Status Table 1 indicates the number of water equivalency units allocated in previous years, and the distribution within the residential and commercial categories. There was very little commercial or industrial activity which required an allocation of water equivalency units during this period. Much of the commercial development that occurred was either through redevelopment of existing commercial sites or the On -Site Retrofit Program was used to accomplish the small amount of water needed to increase the use of the site. 3. Retrofit Program The City's retrofit program has provided a means for new construction to continue over the past • twelve (12) years, and will continue until the State Coastal Commission certifies the City's delivery of State Water as the City's approved water source to serve new development. Recent action by the Coastal Commission on the City's LCP Amendment has delayed the use of State Water for new development. The Retrofit Program continues to be a viable interim program until the City can achieve an alternate allocation method acceptable to the Coastal Commission. The City's Off -Site Retrofit Program has been modeled by many other communities in the State, with inquiries about the program received from all over the United States. The Rocky Mountain Institute, an independent, nonpartisan, nonprofit research and educational foundation, has written articles in it's Newsletter about this innovative water conservation program. To date, through a combination of the Off -Site Retrofit Program, the On -Site Program, and the Retrofit Upon Transfer/Sale, the following facilities have been retrofitted: RETROFITS COMPLETED TO DATE - (as of December 9, 1998) 3487 residences 989 motel units; 129 commercial buildings 9 institutional facilities (including parks) 1 RV Park restroom facility • According to City records, it appears there are sufficient retrofits within the community to support the projects which are currently processing building permits. 2 1998 Annual Water Report/ 1999 Allocation Recommendations (as amended by City Council 1/11/99) • 4. Potable Water Production Data As shown on Table 3, for calendar year 1998 a total of 38 acre feet of water was extracted from the City's Chorro Valley well, and 1270 acre feet delivered from the State Water Project (SWP). Table 3 shows that total water production for the year was 1308 acre feet, and, as was predicted, SWP deliveries has significantly reduced the City's groundwater extraction. As noted in last year's report, beginning in 1997, per capita water use (Table 4) has been re- calculated to be based upon the amount of water delivered to customers (metered/sold) rather than gross production to more nearly reflect actual community consumption practices. With community water consumption calculation based upon total water deliveries rather than upon gross production, the 1998 average per capita consumption was 102 gallons per day. In accordance with the Water Management Plan (page 1, Section 2), this level of consumption is well below the 130 gpcd threshold amount for extensive consumer education and more stringent conservation measures than under Normal Water Supply Conditions, the City's current status. 5. Projected Water Demand/Approved Commercial and Residential Projects • Requests for water allocations to serve new commercial development and re -development are processed following project approvals and in accordance with the priorities within the General Plan and Local Coastal Plan. Most commercial expansions have occurred through the on -site retrofit program and have not needed a water allocation from the City. Changes in use within existing commercial structures (occupancy changes) which require additional weu's have also been accomplished through the on -site retrofit program. The following list of commercial/industrial projects have received land use permits and tentative subdivision map approvals and are pending water allocations and building permit applications: I. Commercial Projects: Creekside Shopping Center, (Tri-W) Creekside Lane - Coastal Permit, Precise Plan and Tentative Map approved for 130,000 sq. ft. center. Awaiting submittal of Final Map and Building Permit applications. Harbor Front Parking Lot, Embarcadero - Received Precise Plan approval of expansion and upgrade of existing parking lots, construction of approximate 4,000 sq. ft. information building, promenade along revetment, bike trails, walkways and other improvements. A time extension is being processed by the Coastal Commission for the coastal development permit. Construction of the improvements • is pending Council approval. Expansion to Inn at Morro Bay - Received approvals of Conditional Use and Coastal Permits, awaiting submittal of Building Permit application. K 1998 Annual Water Report/ 1999 Allocation Recommendations (as amended by City Council 1/11/99) • Applications for commercial projects in process: Fast Food Restaurant - 290 Atascadero Road. - Pending CEQA review and public hearing at Planning Commission. Go -Cart Track - 231 Atascadero Road - Pending CEQA review and public hearing at Planning Commission. New Commercial Building - 337 Quintana Road - Pending complete application and hearing at Planning Commission. Fast Food Restaurant - commercial complex - 899 Quintana Road - Pending CEQA review and public hearing at Planning Commission. Express Fueling Station - Albertsons commercial complex- 700 Block Quintana Road - Pending complete application and hearing at Planning Commission. II. Residential Projects • 1998 has seen an increase in single family residential permit applications, and if the economic upswing continues, we could continue to see greater activity in this category. There are several planned unit developments in process: Tentative Map for two unit condo project on Piney Way - Awaiting application completeness and public hearing at Planning Commission. General Plan, Local Coastal Plan and Zoning Amendment to re -zone the block between Main Street and Morro to allow up to 37 residential units - First hearing at Planning Commission scheduled for December 21 st. 12 unit apartment complex - 560 Atascadero Road - Awaiting application completeness and public hearing at Planning Commission. ALLOCATION RECOMMENDATIONS FOR THE 1999 CALENDAR YEAR Water equivalencies units (weu's) are allocated each fiscal year for residential, commercial and industrial uses. The Housing Element indicates objectives for future residential development according to the San Luis Obispo Council of Governments Fair Share Allocation. Based upon existing land use designations of vacant land and the Fair Share Allocation Model, the Housing • Element specifies that approximately 45 percent of future growth will be single-family units (850) and 55 percent will be multiple -family type units. For Fiscal Years 1994/95 and 1995/96 the allocation for residential was 38 single family,and 39 multi -family which is consistent with both the Housing Element and Measure F. However, based on the lack of interest in multi- family construction over the past several years, Council approved a change in 1996/97 to allow C! 1998 Annual Water Report/ 1999 Allocation Recommendations (as amended by City Council 1/11/99) • 45 single family units and 32 multi -family units, and in 1998 set the mix at 50 single family and 27 multi -family units. Based on the current applications on file, staff feels the trend toward more single family units will continue. 1999 Recommendations: 1. Set the mix of residential units to be allocated at 50 single-family and 27 multi- family units; 2. Process Residential Allocations within Measure F limits on a first -come/ first -serve basis, based on the priorities contained in the current General Plan and Local Coastal Plan policies; 3. Allocate 130% of the residential water equivalency units to commercial and industrial projects within the priority categories consistent with the current Local Coastal Plan and General Plan policies; 4. Allocation periods shall be consistent with the current General Plan and Local Coastal Plan policies; and • 5. Implement the revised allocation program upon certification of the amendments from the Coastal Commission, and acceptance by the City Council. m 1:12/9/98\S:\MSOFFIC E\ W IN W ORD\PLAN& BLD\STA FFREP\98H2OCC.SR 5 TABLE 1 DISTRIBUTION OF WATER EQUIVALENCY UNITS 1998 Allocation Year 1/1-12/31/98 Total WEU Available 156 Total WEU Allocated 62.48* *6.48 from Bank Residential Units Available Equivalencies Allocated 68 water equivalency units 50 sfr + 12 rollover = 62 units 53 27 mfr - 12 rollover = 15 units 6.48* *from Bank 1.62 to 2nd units outside Ms F 2 mf units allocated in 1997 1 mf unit achieved water through on -site RFT Commercial weu Allocated "A" 63 "A" 1.38 "B" 12 111311 0 Industrial 13 Indust. 0 1997 Allocation Year 7/1-12/31/97 Total WEU Available 153.13 (Yr changed to Total WEU Allocated 7.95 Calendar Year) Residential weu Equivalencies Available Allocated 66.12 wen Residential 7.90 weu, 45 single family units 7.00 to SF units 32 multi -family units .36 to MF .54 to 2nd units outside Ms F Commercial weu Allocated "A" 62.37 "A" .05* *from Bank ' 11.71 "B" 0 Industrial 12.93 Indust. 0 ml:sdrive\f les\excel\resident\ alloctbl.xl Page 1 12/18/98 TABLE 1 DISTRIBUTION OF WATER EQUIVALENCY UNITS • 1996/97 Allocation Year 7/l/96-6/30/97 Total WEU Available 153.13 Total WEU Allocated 88.00 Residential weu Equivalencies Available Allocated 66.12 weu Residential 23 weu 45 single family units 23 to SF units 32 multi -family units 0 to W units Commercial weu Allocated "A" 62.37 "A" 62.37* *from Bank •"B" 11.71 Industrial 12.93 'B" 2.63* Indust. 0 *2.43 from Bank 1995/96 Allocation Year 7/1/95-6/30/96 Total WEU Available 146.65 Total WEU Allocated 52.83 Residential weu Equivalencies Available Allocated 63.74 wen Residential 29.44 weu 38 single family units 29.44 to SF units 39 multi -family units 0 to MF units Commercial weu Allocated "A" 60.11 "A" 19.15 "B" 11.29 'B" 4.06 Industrial 12.46 Indust. 0.18 ml:sdrive\files\excel\residem\ alloctbl.xl Page 2 12/18/98 DISTRIBUTION TABLE 1 OF WATER EQUIVALENCY UNITS 12/18/98 1994/95 Allocation Year 7/l/94-6/30/95 Total WEU Available 147.6 Total WEU Allocated 29.36 Residential wen Equivalencies Available Allocated 63.74 weu Residential 29.36 weu 38 single family.units 29 to SF units 32 multi -family units 36 to MY units Commercial weu Allocated "A" 60.11 "A" 0 "B" 11.29 "B" 0 Industrial 12.46 Indust. 0 1993/94 Allocation Year 7/1/93-6/30/94 Total WEU Available 149.55 Total WEU Allocated 54.67 Residential weu Equivalencies Available Allocated 64.58 wen Residential 44.56 weu 50 single family units 43 to SF units 27 multi -family units 1.56 to MF units Commercial weu Allocated "A" 60.90 "A" 9.54 "B" 11.44 "B" .57 ustrial 12.63 Indust. p ml:sdrive\files\excel\resident\ alloctbl.xl Page 3 TABLE I DISTRIBUTION OF WATER EQUIVALENCY UNITS • 1992/93 Allocation Year 7/1/92-6/30/93 Total WEU Available 149.55 Total WEU Allocated 64.75 Residential weu Equivalencies Available Allocated 64.58 weu Residential 56.25 weu 50 single family units 46 to SF units 27 multi -family units 10.25 to MF units Commercial weu Allocated "A" 60.90 "A" 0 "B" 11.44 "B" 8.07 Industrial 12.63 Indust. 0.43 ml:sdrive\f Ies\exce1Vesident\ alloctbl.xl Page 4 12/18/98 • TABLE 2 PROJECTED GROWTH RATES VERSUS ACTUAL POPULATION INCREASES Housing Population Per Units Per Year Measure "F"/ Actual 2 Measure "F" Actual No. of 3 LCP _ Population Projections Housing Units 1980 9425 9064 5180 1981 9705 9206 5298 1982 9998 9297 5302 1983 10298 9435 5326 1984 10400 9599 5363 1985 10505 9747 5440 5403 1986 10610 9881 5517 5473 1987 10716 9819 5594 5548 1988 10823 9975 5671 5638 1989 10931 10133 5748 5647 1990 11040 9664 5825 5694 1991 11150 9806 5902 5760 1992 11262 9736 5979 5760 • 1993 11489 9979 6056 5845 1994 11489 10071 6133 5877 1995 11604 9518 6210 5888 1996 11720 9687 6287 5922 1997 11837 9696 6364 5960 1998 11955 9845 6441 6005 2000 12196 6518 This column represents population based on a Measure F projected growth of 77 units per year. These figures indicate that the City's growth rate is behind the Measure F schedule. Actual population figures are taken from the California Department of Finance "Housing Estimates" report. The 1990 decennial census is the bench mark for the estimates. The figures represent totals as of January 1st of each year indicated. The population figure includes an estimated 21% vacancy rate. A lower vacancy rate would result in a higher population. The total number of Housing units includes the addition of all new residential units to the City's Housing Stock, as well as the deduction of all units lost through demolition, removal, or change of use from residential to non-residential •m' 12/9/98\S:\MSOFFICE\wINWORD\PLAN&BLD\STAFFREP\98H2OPC.SR • 0 TABLE E WATER PRODUCTION DATA 1980 - 1998 (in Acre Feet) CHORRO MORRO STATE YEAR BASIN BASIN WATER TOTAL 1980 1079 672 _ 1651 1981 1143 584 _ 1727 1982 [1] 1061 526 _ 1587 1983 995 537 _ 1532 1984 1097 572 _ 1669 1985 1108 582 _ 1690 1986 1059 552 _ 1611 1987 1124 531 _ 1655 1988 1120 528 _ 1648 1989 1047 512 _ 1559 1990 [2] 963 564 _ 1527 1991 [3] 808 449 _ 1256 1992 [4] 1049 270 _ 1319 1993 994 397 _ 1391 1994 954 460 _ 1414 1995 [5] 986 420 _ 1418 1996 1261 [6] 240 _ 1501 1997 985 249 301 1535 1998 38 _ 1288 1326 111 The allocatbn po0mm was Ins1 tuted near the end of 1982 (31 1161 F potable ♦ 2« 18AF 2 treated by mVeme osmosis Nl 1306 AF + 11 AF 1511405 AF + 12 AF desal product water 16) 1255 AF + 6 AF from We012 for omstnaAbn water NOTE: FINAL NUMBERS AS OF 1l7199 TABLE 4 TOTAL HISTORIC WATER PRODUCTION & FOR THE CITY OF MORRO BAY AVERAGE DAILY AVERAGE USE PRODUCTION PRODUCTION IN GALLONS [a] CITY PRODUCTION IN MILLIONS IN MILLIONS PER CAPITA YEAR RAINFALL POPULATION IN ACRE FEET OF GALLONS OF GALLONS PER DAY 1960 10.48 5,599 894 291 0.8 142 1961 8.6 _ 842 274 0.75 1962 17.22 _ 999 326 0.89 _ 1963 18.52 _ 840 274 0.75 _ 1964 11.26 _ 881 287 0.79 _ 1965 16.08 6,400 1,000 326 0.89 _ 140 1966 11.24 6.500 1,188 387 1.06 163 1967 20.09 6,600 1,194 389 1.07 161 1968 9.64 6,750 1,298 423 1.16 172 1969 28.74 6.900 1,255 409 1.12 162 1970 9.84 7,109 1,534 500 1.37 193 1971 14.2 7,450 1,533 500 1.37 184 1972 7.41 7,517 1,547 [1] 504 1.38 184 1973 27.51 7,725 1,424 464 1.27 165 1974 22.35 7.942 1.482 483 1.32 167 1975 14.43 8,165 1,510 492 1.35 165 1976 • 1977 11.38 8.35 8.394 8,525 1.574 1.249 513 407 1.41 167 1.12 131 1978 29.68 8,625 1,430 466 1.28 148 1979 17.06 9,150 1,614 526 1.44 157 1980 20.99 9,064 1,651 538 1.47 162 1981 13.11 9,206 1,727 563 1.54 168 1982 20.01 9,297 1,586 517 1.42 152 1983 35.01 9,435 1,534 500 1.37 145 1984 10.08 9.599 1,669 544 1.49 155 1985 10.02 9,747 1,691 551 1.51 155 [129] b 1986 17.17 9,881 1,614 526 1.44 146 [720] 1987 12.29 9.819 1,655 539 1.48 150 [127] 1988 15.01 9.975 1,648 537 1.47 14711241 1989 10.88 10.133 1,559 508 1.39 137 [118] 1990 8.78 9,664 1.527 [2] 498 1.36 141 [115] 1991 16.01 9,806 1,256 [3] 410 1.12 114 [92] 1992 19.63 9,736 1,319[41 430 1.18 121 [98] 1993 24.21 9,979 1,391 452 1.24 124 [98] 1994 11.05 10.071 1.414 462 1.26 126 [106] 1995 40.01 9,518 1,418 [5] 462 1.27 13311101 1996 15.47 9.687 1,501 16] 462 1.34 138 [110] 1997 18.56 9,696 1,535 489 1.37 14111151 1998 18.01 9,845 1,326 432 1.18 120 [102] (111ndudes 58 AF purchased from Whale Rock Reservoir 1211286 AF potable • 241 AF reverse Osmosis Veaenent I011164 AF - 9AF H 141130e AF + AF 1511406 AF + 12 AF - 16I 1495 AF . 6 AF fmm We0 12 for consWhbon wafer a: all yeah. eacept U.S. p years. am as5mates b: 12Yers9el detemened bom metered water sold. not water produced i COMPUTATIONS: UNACCOUNTED FOR WATER LOSS TABLE - 1998 WATER PRODUCED (AF) From Department of P.W. Records 1326.0 AF (432.1 MG) WATER SOLD (AF) From C.M.B. Finance Department 1131.2 (49,274,100 CF) DIFFERENCE CITY WATER USE (Unmetered & Estimated) Fire Hydrant Flushing .08 AF Fire Fighting (avg 1 firelmo @ 5000 gal/ea = 60,000 gal) 18 AF Fire Training (full time & reserves) 60,000 gal .18 AF Harbor (500gal), WWTP (750gal), Waterline testing (10,OOOgal) Well Disinfection (100,000gal), Samples (500gal), Line Breaks (205,OOOgal), misc (500gal) = 317,250 gal .97 AF Sweeper .48 AF Hydrocleaner .57 AF Water Leaks (254, I00gal) 78 AF Meter Error (estimated @ I% avg) 13.3 AF a TOTAL 194.8 AF 16.54 AF UNACCOUNTED FOR WATER LOSS 178.26 AF PER CENT OF PRODUCTION 13.4% § o 0 z m 0 Q k 2 M 14 § § ■ \ § k § § k § � ( 7 f cq k / \ § k C4 f ! a | !■{- -6` �co q k / • RESOLUTION 03-99 A RESOLUTION OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN TO REGULATE THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES THE CITY COUNCIL City of Morro Bay, California CASE NO. LCP/ZOA 01-98 WHEREAS, the Planning Commission of the City of Morro Bay, on June 15, 1998 and July 20, 1998 after duly noticed PUBLIC HEARINGS, did forward a recommendation, by adoption of Planning Commission Resolution No. 02-98, that the City Council amend the Local Coastal Program Implementation Plan, Title 17 of the Morro Bay Municipal Code (Zoning Ordinance), to regulate the establishment of adult entertainment businesses as contained in attached Exhibit "A"; and WHEREAS, on the 27th day of July 1998, the City Council of the City of Mono Bay did hold a duly noticed PUBLIC HEARING to consider the amendment regulating the establishment of adult entertainment businesses as contained in attached Exhibit "A"; and WHEREAS, for the purposes of the California Environmental Quality Act (CEQA), said amendments to the Local Coastal Program have complied with the City of Mono Bay objectives, is criteria and procedures for implementation of the California Environmental Quality Act, (CEQA); and WHEREAS, CEQA does not apply to local agency adoption and amendment of an LCP; pursuant to Sections 15250 and 15251 of the CEQA Guidelines and Public Resources Code Section 21080.5; and WHEREAS, the proposed amendments are consistent with the General Plan and Local Coastal Program Land Use Plan; and WHEREAS, on September 14, 1998 following the PUBLIC HEARING, and upon consideration of the testimony of all persons, both written and oral, the City Council accepted the Planning Commission recommendation to adopt Ordinance No. 470 and approved the amendment based on the following findings: The City of Mono Bay does not currently regulate adult bookstores, adult movie theaters and other adult oriented businesses, including live adult entertainment ("adult entertainment businesses") any differently than other businesses operating in the City; and 2. The City Council, on February 10, 1997, determined that there are substantial adverse secondary effects of adult entertainment businesses, which secondary effects include, among other things, an increase in crime and a decrease in property values and retail trade; and found an immediate threat to the public health, safety and welfare due to the lack of any regulation of adult entertainment businesses; and 3. The City Council adopted by unanimous vote Ordinance No. 457, prohibiting the establishment of adult entertainment businesses based on the findings contained therein; and said prohibiting has been extended to February 11, 1999 by adoption of Ordinance Nos. 458 and 467 in accordance with Government Code Section 65858(a); and i • Resolution No. 03-99 Page 2 4. The City Council accepts the Planning Commission recommendation for adoption of regulations for the establishment of adult entertainment businesses and finds that there has been no change in circumstances that led to the adoption of, nor during the term of, the interim ordinance prohibiting adult entertainment businesses; and 5. The City Council finds that there is a clear need to regulate adult business locations within the community; and 6. The City Council of the City of Morro Bay hereby finds that the Local Coastal Program Implementation Plan (Zoning Ordinance) Amendments are in compliance with the intent, objectives, and all applicable policies and provisions of the California Coastal Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay's Local Coastal Program Implementation Plan, Title 17 of the Morro Bay Municipal Code (Zoning Ordinance), is amended as contained in Exhibit "A", attached hereto and made a part of this resolution; and BE IT FURTHER RESOLVED that to implement the amendment adopted herein, the City Council of the City of Morro Bay, California, hereby directs as follows: 1. Resolution 03-99 and Ordinance No. 470, amending Title 17 of the Morro Bay Municipal Code for the purpose of regulating the establishment of adult entertainment businesses, shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendment to the City's Local Coastal Program; and 2. The Local Coastal Plan Amendment will be carried out in accordance with the Coastal Act (pursuant to Section 30501 [a] of the Coastal Act); and 3. The amendments to Title 17 shall take effect immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Morro Bay on the 1Ith day of January, 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Anderson, Crotzer, Elliott, Peirce, Peters None None BRIDGET BAUER, City Clerk City of Morro Bay RODGFR ANDERSON, Mayor City of'Morro Bay .11=3N8\:WSOFFICLAWINWORDIRLANQULDV-S.ORDV S03.W CC 0 RESOLUTION NO. 02-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA 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 on August 5, 1998 approved minor clean-up and clarifying amendments for ratification by member agencies; and WHEREAS, the Mono Bay City Council on October 12, 1998 adopted Resolution No. 91-98 ratifying the Joint Powers Agreement for the San Luis Obispo • Council of Governments; and WHEREAS, the San Luis Obispo Council of Governments on December 2, 1998 recommended a subsequent amendment to retain the Administration Committee in Section IX, paragraph 3 of the Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mono Bay, California, 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 of the City of Morro Bay 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 Mono Bay at a regular meeting thereof held on the 11 th day of January, 1999 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None 00D,0ER ANDERSON, Mayor ATTEST: BRIDGE BAUER, City Clerk SLOCOG JOINT POWERS AGREEMENT Exhibit "A" • 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. Administration Committee, comprised of all managers and administrators of • member jurisdictions; b. Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) to advise the board on transportation issues per adopted Committee bylaws. C. 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 d. 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. CITY COUNCIL RESOLUTION NO. 01-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS WHEREAS, the City Council of the City of Morro Bay desires to prudently invest idle funds of the city to maximize use of taxpayer funds; and WHEREAS, the California Government Code Section 53600.3 states that "all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard.'; and WHEREAS, the California Government Code Section 53646 requires all local agency governing boards to annually adopt an investment policy and requires the Treasurer or Chief Financial Officer to provide an investment report to the legislative body at least quarterly; and WHEREAS, the California Government Code Section 53607 authorizes the legislative body to delegate investment authority and responsibility to the Treasurer for a period not to exceed one year but renewable annually, upon review; and is WHEREAS, the City of Morro Bay first adopted its current investment policy in 1996 and that policy was further refined during 1997 and 1998. 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Statement of Investment Policy, attached hereto, is adopted and that the City Treasurer is hereby authorized to carry out this policy, on behalf of the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 11 th day of January, 1999, by the following vote to wit: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None / n ABSENT: None ��LE'l,��i/� " \ RO GER ANDERSON, Mayor BRIDGET103AUEP, City Clerk ue,nrswnccxoow®ooJwm O.a W 16 IW CITY OF MORRO BAY STATEMENT OF INVESTMENT POLICY Introduction Monies not required for immediate expenditure by the City of Morro Bay shall be invested in compliance with governing provisions of law (including Section 53600 of the Government Code) and this Investment Policy. paw It is the policy of the City of Morro Bay to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the city and conforming to all federal, state and local statutes governing the investment of public funds. Sc_Qpa This investment policy applies to all financial assets of the City of Morro Bay. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: • Funds: General Fund Special Revenue Funds Enterprise Funds Capital Project Funds Trust and Agency Funds Internal Service Funds And any other fund maintained by the City, unless specifically exempted. Prudence Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as their probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with the investment policy and exercising due diligence shall be relieved of personal U:i9t8W PII1VQMi VIOI.CY3NV ®x " Page 1 Statement of Investment Policy City of Morro Bay, California January, 1999 responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. The primary objectives, in priority order, of the City of Morro Bay's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Morro Bay shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Liquidity: The City of Morro Bay's investment portfolio will remain sufficiently liquid to enable the city to meet all operating requirements which might be reasonably anticipated. • Return on Investments: The City of Morro Bay's investment portfolio shall be designed with the objective of attaining a rate of return throughout the budgetary and economic cycles, commensurate with the city's investment risk constraints and the cash flow characteristics of the portfolio. Pursuant to Section 53607 of the Government Code, the Treasurer of the City of Morro Bay shall be delegated authority and assume full responsibility for investing and reinvesting idle funds of the city. In accordance with SB109, Chapter 749, 1996 statutes, the City Council shall annually delegate such authority and responsibility, subject to review. In further accordance with SB 109, the City Council is trustee and therefore fiduciary subject to the prudent investor standard and, delegation of authority to the Treasurer does not relieve the City Council of that trustee role. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City of Morro Bay, 18 particularly with regard to the time of purchases and sales. '�""" Page 2 • Statement of Investment Policy City of Morro Bay, California January, 1999 The Treasurer will maintain a list of investment brokers/dealers and financial institutions authorized to provide investment and safekeeping services for the city. All broker/dealers and financial institutions who desire to become qualified bidders for investment transactions and related services shall supply the Treasurer with the following: Current audited financial statements Proof of registration with the National Association of Security Dealers (NASD)(Broker/Dealers) and Small Investors Protection Corporation (SIPC) Certification of having read the City of Morro Bay's Investment Policy Certification of authorization to do business in the State of California Governing laws of the State of California permit local agencies to invest in a range of investment instruments that vary in complexity and sophistication, as well as risk and reward. Due to the limited size of the City of Morro Bay's portfolio, the city does not require frequent entry into the investment • marketplace. Under these circumstances, it would be prudent for the city to limit the range of investment instruments to a subset of those allowable, in order to provide for diversification and at the same time limit the risk associated with limited entry into the marketplace. Suitable investment instruments shall include the following and all transactions shall be on a delivery versus payment (DVP) basis: Securities of the U. S. Government, or its agencies. California Local Agency Investment Fund Demand Deposits FDIC Insured Certificates of Deposit Bankers' Acceptances Money Market funds whose portfolios consist of the foregoing Passbook savings accounts Except for securities of the U.S. Government, or its agencies, and for the LAIF fund, maturities on each investment shall not exceed three (3) years from date of purchase. The City of Morro Bay will diversify its investments by security type and institution to the greatest extent practicable. With the exception of securities of the U.S. Government, or its agencies and the • California Local Agency Investment Fund, no more than 40% of the city's total investment pool will »x Page • Statement of Investment Policy City of Morro Bay, California January, 1999 • 0 be invested in a single security type or with a single financial institution. The Treasurer is charged with the responsibility of making a monthly investment portfolio report to the City Council of the City of Morro Bay. The monthly report shall include an accounting for all cash and investments in the portfolio and shall include both cost and marked -to -market value as of the end of the monthly reporting period. The city's investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed annually by the City Council and any modifications made thereto must be approved by the City Council. The City Council shall also delegate authority to make investments by resolution on an annual basis. �x Page 4 • Statement of Investment Policy City of Morro Bay, California January, 1999 Glossary of Terms Bankers' Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Broker: A broker brings buyers and sellers together for a commission. Certificate of Deposit: A time deposit with a specific maturity evidenced by a certificate. Comprehensive Annual Financial Report (CAFR): The official annual report of the City of Morro Bay. It includes combined statements of each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related and contractual provisions, introductory material and a detailed statistical section. • Delivery Versus Payment: One of two methods of delivery of securities. Similar to an escrow for a home loan, where a third party holds both the payment and the security and exchanges them after all specifications have been met. Diversification: A method for reducing investment risk by using a variety of investment instruments and financial institutions to avoid a single catastrophic failure. FDIC: Federal Deposit Insurance Corporation is a federal agency that insures bank deposits up to $100,000 per deposit. Liquidity: A liquid asset is one that can be quickly and easily converted into cash without a substantial loss in value. LAIF: California Local Agency Investment Fund is an investment pool which aggregates all funds from political subdivisions and invests them under the custody of the State Treasurer. Market Value: The price at which a security is trading and could presumably be sold or purchased. Maturity: The date upon which the principal or stated value of an investment becomes due and AS payable. ;1"' Page 5 • Statement of Investment Policy City of Morro Bay, California January, 1999 Money Market: The market in which short-term debt instruments are issued and traded. Portfolio: The collection of securities held by an investor. Safekeeping: A service rendered by banks for a fee whereby securities and valuables of all types are held in the bank's vault for protection. V:U9.B1WTdVE9IVNVPoLCY.QN Nn�4�7, IWt Page 6