Loading...
HomeMy WebLinkAboutResolution 01-04 to 87-04RESOLUTIONS 2004 NO. TITLE ADOPTED 86-04 RESOLUTION IN SUPPORT OF THE CALIFORNIA STATE LANDS COMMISSION AND OPPOSING THE ABOLITION OF THE STATE LANDS COMMISSION AS PROPOSED BY THE CALIFORNIA PERFORMANCE REVIEW COMMISSION 12-13-04 87-04 RESOLUTION ASSIGNING THE LEASE AGREEMENT FOR LEASE SITE 124-127/124W-127W FROM SHARON MOORE TO DARBY NEIL AND AMENDMENT TO THE LEASE AGREEMENT FOR LEASE SITE 124-127/124W- 127W INCORPORATING LEASE SITE 128 AND A PORTION OF 128W INTO THE LEASE 12-13-04 C RESOLUTIONS 2004 NO. TITLE ADOPTED 77-04 RESOLUTION MODIFYING THE OPERATING BUDGETS AND MAKING APPROPRIATION CHANGES FOR FISCAL YEAR 2004-2005 11-22-04 78-04 RESOLUTION APPROVING INTERFUND TRANSFERS AND CLOSURE OF CERTAIN FUNDS FOR FISCAL YEAR 2004-2005 11-22-04 79-04 RESOLUTION ADOPTING CHANGES TO THE MORRO BAY WASTEWATER COLLECTION AND TREATMENT FEE SCHEDULE 11-22-04 80-04 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE is A CONTRACT FOR THE AUDIT OF TRANSIENT OCCUPANCY TAXPAYERS 11-22-04 81-04 RESOLUTION COMMENDING AND HONORING JERRY PARKER ON HIS RETIREMENT 11-22-04 82-04 RESOLUTION ADOPTING CHANGES TO THE MASTER FEE SCHEDULE 11-22-04 83-04 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON THE 2ND DAY OF NOVEMBER_ 2004; AND DECLARING THE RESULTS THEREOF 11-30-04 84-04 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON IRONWOOD AVENUE AT MIMOSA STREET 12-13-04 um 11 VOID 11 E RESOLUTIONS 2004 NO. TITLE ADOPTED 70-04 RESOLUTION AMENDING THE HOUSING ELEMENT OF THE GENERAL PLAN 71-04 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z-BERG-HARRIS NONURBANIZED AREA NEED -BASIS PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FOR DEL MAR PARK TENNIS COURTS 72-04 73-04 um 75-04 RESOLUTION IN SUPPORT OF PROPOSITION 1-A-"PROTECTION OF LOCAL GOVERNMENT REVENUES RESOLUTION ENDORSING THE PUBLIC WORKS ADVISORY BOARD RECOMMENDATION ON THE MORRO BAY STATE PARK TRAFFIC CIRCULATION STUDY RESOLUTION APPROVING THE COMMERCIAL PROPERTY PURCHASE AGREEMENT FOR THE SALE OF CITY -OWNED PROPERTY LOCATED AT 220 ATASCADERO ROAD 10-25-04 10-25-04 10-25-04 11-08-04 I1-08-04 APPROVAL OF A GRANT FROM THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE PURCHASE AND INSTALLATION OF A VESSEL SEWAGE PUMP - OUT AT THE MORRO BAY YACHT CLUB, LEASE SITE 57-61-57W-61 W 76-04 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS TO THE RURAL TRANSIT FUND GRANT PROGRAM 11-08-04 11-08-04 RESOLUTIONS 2004 NO. TITLE ADOPTED 63-04 RESOLUTION ACCEPTING THE FINAL MAP FOR AN APPROVED 6-LOT RESIDENTIAL SUBDIVISION KNOWN AS TRACT 2584 09-13-04 64-04 RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO LEASE AND AGREEMENT REGARDING POWER PLANT MODERNIZATION AND OUTFALL LEASE BETWEEN THE CITY AND DUKE ENERGY 09-13-04 65-04 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING ® UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIP PROGRAM 09-27-04 66-04 RESOLUTION COMMENDING AND HONORING SUPPORT SERVICES MANAGER JOY ELLIOTT ON HER RETIREMENT 09-27-04 67-04 RESOLUTION ACCEPTING $100,000 FROM THE STATE OF CALIFORNIA CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM 09-27-04 68-04 RESOLUTION SUPPORTING LEGISLATION AMENDING THE AMERICANS WITH DISABILITIES ACT TO REQUIRE NOTICE PRIOR TO FILING LEGAL ACTION 09-27-04 69-04 RESOLUTION ACCEPTING THE FINAL MAP FOR AN APPROVED 7-LOT COMMUNITY HOUSING go SUBDIVISION KNOWN AS TRACT 2556 10-25-04 ® RESOLUTIONS 2004 NO. TITLE ADOPTED 54-04 RESOLUTION ADOPTING THE OPERATING BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2004-2005 06-28-04 55-05 RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004-2005 06-28-04 56-04 VOID 57-04 RESOLUTION APPROVING THE REHABILITATION STANDARDS FOR THE STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM 08-09-04 ® 58-04 RESOLUTION ADOPTING AMENDMENTS AND ADDITIONS TO THE CITY PERSONNEL RULES AND REGULATIONS 08-09-04 59-04 RESOLUTION APPROVING ASSIGNMENT OF LEASE FOR LEASE SITE 62/62W LOCATED AT 551 EMBARCADERO 08-09-04 60-04 RESOLUTION DECLARING THE EXISTENCE OF GULLS AT BAYSHORE HOMEOWNERS EXEMPT FROM MORRO BAY MUNICIPAL CODE SECTION 7.16.025 AND AUTHORIZING THE OWNERS TO REMOVE THE GULL NESTS FROM THE PROPERTY 08-09-04 61-04 RESOLUTION AMENDING THE GENERAL PLAN AND COASTAL LAND USE PLAN MAP 08-23-04 62-04 RESOLUTION ADOPTING CHANGES TO THE MASTER FEE SCHEDULE (PLANNING FEES) 08-23-04 11 ® RESOLUTIONS 2004 NO. TITLE ADOPTED 48-04 RESOLUTION APPROVING AMENDMENT #2 TO THE LEASE AGREEMENT FOR LEASE SITE 113 W, LOCATED ADJACENT TO 1215 EMBARCADERO. EXTENDING THE TERM OF THE LEASE AGREEMENT FOR TWO YEARS 06-14-04 49-04 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-28-04 50-04 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND ® LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-28-04 51-04 RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF THE CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION 06-28-04 52-04 RESOLUTION APPROVING THE APPLICATION AND ASSURANCES FOR GRANT FUNDS FROM THE CALIFORNIA STATE COASTAL CONSERVANCY FOR THE WATERFRONT BOARDWALK PROJECT 06-28-04 53-04 RESOLUTION AUTHORIZING TO ENTER A GRANT AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR $180,000 FOR DOCK MODIFICATION/CONSTRUCTION WORK FOR INSTALLATION OF AN ICE -MAKING MACHINE ON ® LEASE SITE 129W 06-28-04 RESOLUTIONS 2004 NO. TITLE ADOPTED 40-04 RESOLUTION DECLARING THE CITY'S INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE 05-24-04 41-04 RESOLUTION DECLARING THE CITY'S INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA 05-24-04 42-04 RESOLUTION DIRECTING STAFF TO PROVIDE THE ANNUAL BUDGET DOCUMENTS A ® MINIMUM OF SEVEN DAYS BEFORE THE FIRST BUDGET HEARING 05-24-04 43-04 RESOLUTION OF THE CITY'S INTENT TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 220 ATASCADERO ROAD 06-14-04 44-04 VOID 45-04 VOID 46-04 RESOLUTION APPROVING A NEW ONE-YEAR LEASE AGREEMENT FOR LEASE SITE 133 W, LOCATED AT 1235 EMBARCADERO 06-14-04 47-04 RESOLUTION APPROVING SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 87-88/87W-88W, LOCATED AT 845 EMBARCADERO 06-28-04 LJ ® RESOLUTIONS 2004 NO. TITLE ADOPTED 31-04 RESOLUTION APPROVING AGREEMENT WITH CENTRAL COAST JOINT FISHERIES/CABLE LIAISON COMMITTEE FOR A S400,000 GRANT TO PURCHASE AN ICE MAKING MACHINE 04-26-04 32-04 RESOLUTION CELEBRATING THE TROLLEY'S TENTH ANNIVERSARY OF OPERATION 04-26-04 33-04 RESOLUTION ESTABLISHING CAPITAL IMPROVEMENT PROJECT MANAGEMENT POLICY 04-26-04 34-04 RESOLUTION IDENTIFYING PRIVATE ENCROACHMENT PERMITTING WITHIN THE CITY'S RIGHT-OF-WAY EASEMENTS 05-10-04 ® 35-04 RESOLUTION AUTHORIZING THE CITY TO EXCHANGE DATA WITH THE FRANCHISE TAX BOARD PURSUANT TO AB 63 CONTRACTUAL AGREEMENT 05-24-04 36-04 RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE INTERIM YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN INCREASE TO SOLID WASTE COLLECTION RATES 05-24-04 37-04 AMENDING COUNCIL. POLICIES AND PROCEDURES SECTION 1.3.9.3.5 (SPEAKER SLIPS) 06-14-04 38-04 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE 50-51/50W-51 W LOCATED AT 495 EMBARCADERO (WHIBLEY) 05-24-04 39-04 RESOLUTION APPROVING SUBLEASE FOR A PORTION OF LEASE SITE 122-123/122W-123W LOCATED AT 1205 EMBARCADERO (LEAGE) ® FOR OPERATION OF THE LIL HUT 05-24-04 ® RESOLUTIONS 2004 NO. TITLE ADOPTED 24-04 RESOLUTION APPROVING A ONE-YEAR LEASE AGREEMENT WITH THE MORRO BAY COMMERCIAL FISHERMAN'S ORGANIZATION FOR LEASE SITE 130W-132W LOCATED AT 1231 EMBARCADERO 04-12-04 25-04 RESOLUTION APPROVING A ONE-YEAR LEASE AGREEMENT WITH DAVID HAWORTH AND JAMES SILVA FOR LEASE SITE 133W LOCATED AT 1251 EMBARCADERO 04-12-04 26-04 RESOLUTION APPROVING ASSIGNMENT OF INTEREST IN LEASE SITE 1 IOW- 112W LOCATED AT 1185 EMBARCADERO FROM CHARLES OGLE TO GEORGE LEAGE AND APPROVAL OF A FIVE ® YEAR LEASE EXTENSION FOR LEASE SITE 110W-112WAND A PORTION OF 111.5W 04-12-04 27-04 RESOLUTION APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND - DEL MAR PARK TENNIS COURT PROJECT 04-26-04 28-04 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-26-04 29-04 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-26-04 30-04 RESOLUTION TO AUTHORIZE AND APPROVE SELF- INSURANCE OF WORKERS' COMPENSATION FOR EMPLOYEES THROUGH THE SELF-INSURANCE AND LOSS POOLING PROGRAM OF CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 04-26-04 E ® RESOLUTIONS 2004 NO. TITLE ADOPTED 18-04 RESOLUTION APPROVING AGREEMENT TO TERMINATE LEASE AGREEMENT FOR LEASE SITE 129W-133W, LOCATED AT 1231 EMBARCADERO, AND SURRENDER OF LEASED PREMISES BY TENANT TO CITY AND PURCHASE OF ASSETS 03-08-04 19-04 RESOLUTION RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 2, 2004 AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 04-12-04 20-04 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CROSBY & ® CINDRICH, CPA'S TO AUDIT FINANCES OF THE WASTEWATER TREATMENT PLANT 04-12-04 21-04 RESOLUTION ADOPTING AMENDMENTS AND ADDITIONS TO THE CITY'S PERSONNEL RULES AND REGULATIONS AND RESCINDING RULES AND REGULATIONS IN CONFLICT THEREWITH 04-12-04 22-04 RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOODS, AND COASTAL PROTECTION ACT OF 2002 04-12-04 23-04 RESOLUTION APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 87-88/ 87W-88W LOCATED AT 833 EMBARCADERO FROM GEORGE LEAGE TO VIOLET LEAGE 04-12-04 El RESOLUTIONS 2004 NO. TITLE ADOPTED 10-04 RESOLUTION APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE STATE OF CALIFORNIA CDBG PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS WITH THE STATE OF CALIFORNIA 02-09-04 11-04 RESOLUTION AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2003-2004 02-09-04 12-04 RESOLUTION APPROVING THE JOINT USE AGREEMENT BETWEEN THE CITY AND THE ® SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF FACILITIES AND THE PROVISION OF PROGRAMS 02-09-04 13-04 RESOLUTION DESIGNATING AGENTS FOR PUBLIC ASSISTANCE APPLICATIONS 02-23-04 14-04 VOID 15-04 RESOLUTION AUTHORIZING APPLICATION FOR GRANT WITH THE CENTRAL CALIFORNIA JOINT CABLENISHERIES LIAISON COMMITTEE FOR PURC14ASE OF AN ICE -MAKING MACHINE 02-23-04 16-04 RESOLUTION ON COUNCIL POLICY ON REPORTING TO COUNCIL ON CAPITOL IMPROVEMENT PROJECT BUDGET OVERRUNS 02-23-04 17-04 RESOLUTION AMENDING THE GENERAL PLAN AND COASTAL LAND USE PLAN 02-23-04 2 RESOLUTIONS 2004 NO. TITLE' ADOPTED 01-04 . ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS 01-12-04 02-04 RESOLUTION OF THE CITY ELECTING TO BECOME SUBJECT TO THE UNIFORM CONSTRUCTION COST ACCOUNTING PROCEDURES 01-12-04 03-04 RESOLUTION APPROVING THE CITY OF MORRO BAY HOUSING REHABILITATION PROGRAM GUIDELINES FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 01-26-04 ® 04-04 RESOLUTION APPROVING THE CITY OF MORRO BAY PROGRAM INCOME REUSE PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 01-26-04 05-04 RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT RELOCATION ASSISTANCE PLAN 02-09-04 06-04 RESOLUTION APPROVING THE 2003 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 2004 01-26-04 07-04 RESOLUTION DISCOURAGING STREET WORK BETWEEN MEMORIAL DAY AND LABOR DAY, THE TEN DAYS PRIOR TO CHRISTMAS. AND MAJOR HOLIDAY WEEKENDS 02-09-04 08-04 REQUIRING ONE WEEK NOTIFICATION PRIOR TO PARKING OR SIDEWALK CLOSURE 02-09-04 09-04 DECLARING MORRO BAY AS A `BUSINESS FRIENDLY CITY" 02-09-04 RESOLUTION NO.87-04 ® ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 124-127/124W-127W FROM SHARON MOORE TO DARBY NEIL AND AMENDMENT TO THE LEASE AGREEMENT FOR LEASE SITE 124-127/124W-127W INCORPORATING LEASE SITE 128 AND A PORTION OF 128W INTO THE LEASE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City is the lessor of certain tidelands property known as Lease Site 124-127/124W-127W, located at 1215 Embarcadero and Lease Site 128/128W located at 1219 Embarcadero; and, WHEREAS, Sharon Moore, also known as Sharon Moores, is the lessee of above mentioned Lease Sites; and, WHEREAS, Sharon Moore has requested that the lease agreement for Lease Site 124-127/124W-127W be assigned to Darby Neil; and, WHEREAS, the City is in the process of planning for installation of an ice machine on Lease Site 129/129W adjacent to the above mentioned Lease Sites and the installation will require use of a portion of the water area of Lease Site 128W. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ® Morro Bay that assignment of Lease Site 124-127/124W-127W, located at 1215 Embarcadero, from Sharon Moore to Darby Neil is hereby approved. BE IT FURTHER RESOLVED that the amendment to the lease agreement for Lease Site 124-127/124W-127W (attached herewith) incorporating Lease Site 128 and a portion of Lease Site 128W into the lease agreement is hereby approved. BE IT FURTHER RESOLVED that the assignment of Lease Site 124- 127/124W-127W and the amendment to the lease agreement for Lease Site 124- 127/124W-127W is conditional upon receipt and approval of executed assignment/assumption documents from the parties and of the fully executed assignment document by February 14, 2005. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13 day of December 2004, by the following vote: AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz NOES: None ABSENT: None BRIDGET(�BAUER, CITY CLERK LEASE AMENDMENT TO THE LEASE AGREEMENT ® FOR LEASE SITES 124-127/124W-127W AND TERMINATION OF LEASE DATED JANUARY 1973 FOR LEASE SITE 128/128W This Amendment to the Lease Agreement dated April 9, 1962 for Lease Site 124-127/124W- 127W (hereinafter "Lease") is made this of , 2004 by and between the City of Morro Bay (hereinafter "City") and Darby Neil an individual (hereinafter "Tenant"). WHEREAS, Virg's Landing, Inc. is currently operated by the founders' descendants, Sharon Moore (daughter) and Darby Neil (grandson) at three separate City lease agreements; Lease Site 113W, Lease Site 124-127/124W-127W and Lease Site 128/128W, and, WHEREAS, City is installing an ice making machine on Lease Site 129W and City's ice making machine installation will require demolition of the existing tool shop on Lease Site 128W and the City will need to use in perpetuity a 6 foot wide section of Lease Site 128W for operation and maintenance of the ice making machine, and; WHEREAS, Virg's Landing, Inc. is currently in a long tern planning process to redevelop the structure and docks on Lease Sites 113W, 124-127/124W-127W and 128/128W, and; WHEREAS, the Lease for Lease Site 1281128W had a termination date of December 31, 2002 and City and Tenant have held over the Lease for Lease Sites 1281128W on a month to month basis since that termination date, and; WHEREAS, the parties hereby agree to terminate the month -to -month holdover of the lease for Lease Sites 128/128W and to add those sites, with certain conditions, to the lease agreement ® for Lease Site 124-127/124W-127W. NOW THEREFORE, the parties agree to amend the Lease as follows: 1. The description of the Lease Site as shown in Section 1 of the Lease shall be amended to include Lease Site 128 and the southerly 48 feet of Lease Site 128W. The most northerly 6 feet of Lease Site 128W shall not be included in this lease and is hereby returned to the City without claim or dispute, as shown on the attached map, attached hereto and included herein by reference. 2. Effective January 1, 2005 and continuing until the termination of the Lease the annual the -rent shall be adjusted as follows. a. In the years 2005 and 2006 the rent for the Lease for Lease Sites 124-127/124W-127W shall be increased by S3,000 for the period January 1, 2005 — June 30, 2005 and by $6,000 for the period July 1, 2005 — June 30, 2006 and by $6,000 for the period July 1, 2006 — June 30, 2007 in consideration of adding the 128/128W lease area to the master lease. b. The rent for Lease Sites 124-127/124W-127W is next due to be adjusted in 2007 by reappraisal of the underlying lease sites. The rent will be adjusted effective July 2007 as outlined in the Lease and in the City standard appraisal practices and said appraisal shall include valuation of 48' of Lease Site 128W and all of Lease Site 128. if the City has not exercised the rights granted below to terminate tenant's use of Lease Site 128. AM£NDAf£NT — LF4S£ SITE 124-1271124W-127;V Page 2 of 2 ® 3. The City may redevelop the buildings on Lease Sites 128 and north into new commercial fishing support facilities and should City proceed with these plans, Tenant grants City the right, and City may at it's sole discretion by giving tenant 180 days prior notice, terminate Tenant's use of Lease Site 128 and said Lease Site shall by act of City's written prior notice, be removed from the Lease Site description of the Lease. Should City exercise this option, the Tenant's lease rent shall be adjusted commensurately downward with the percentage reduction in lease area. 4 The City will maintain appropriate access to the adjacent lease sites. 5. Tenant will be permitted to use the most northerly 6 feet of water area of Lease Site 128W for mooring vessels. 6. The parties hereto agree that the Lease dated January 1973 for Lease Site 128/128W is hereby terminated. All other terms and condition of the Lease for Lease Site 124-127/ 124W-127W shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY TENANT ® Jani Peters, May Darby il, Individually Robert Hendrix, City Manager i APPROVED AS TO.FORM Robert Schultz, City Attorney un:619 Bauer, City Clerk E 11 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of nJ Lur 5 Q�j f yo I ss. On Y&I2 �' `� before me, mm n �! name vtl rGbd OCm (e q,',Wq ore, Notay PWSc] personally appeared {` 13��— C. NANOALLCOOK _@My Commission # 1327727 i Notaary Public - Califomia �San Luis Obispo County Come, Eviraq Nov 29.2005 ❑ personally known to me Kproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my d and official s C sp,uwre a rvuay Pufc OPTIONAL Though the inlormabon below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Lro-,)A ,"I /�11 /`lL4 Ac 27 Document Date: Number of Pages: L Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ^ ' Signer's Name: D 4 ` X / " L— Individual Top of B.nnb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 81999NAm KS=q mn-9M0as Are., PO. Boa 2a - CletswvN, LA 9131324@-. .reovWratg,, P ,No. 5007 Rar :Cat Ta Fre 1�76fi92r C� i Ac�f 9� '/e ��A E I )�G NOTE —ASSESSOR'S BLOCK NUMBERS SHOW IN ® RESOLUTION NO.86-04 RESOLUTION BY THE CITY OF MORRO BAY IN SUPPORT OF THE CALIFORNIA STATE LANDS COMMISSION AND OPPOSING THE ABOLITION OF THE STATE LANDS COMMISSION AS PROPOSED BY THE CALIFORNIA PERFORMANCE REVIEW COMMISSION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay operates all the state tidelands properties within the City's jurisdiction under a legislative grant from the State which is overseen by the State Lands Commission; and, WHEREAS, the California Legislature created the California State Lands Commission in 1938, composed of the Lieutenant Governor and State Controller, both statewide elected officials, and the Director of Finance, an appointee of the Governor, to manage and protect the state's school and sovereign lands (i.e. the beds of all naturally navigable rivers, lakes, and streams, as well as the state's tide and submerged lands along the state's more than 1,100 miles of coastline); and WHEREAS, the 1930's discovery of corruption and fraudulent practices in management of the oil, gas and other mineral resources belonging to the state led the Legislature to establish ® the Commission as an independent entity with a membership of accountable, elected officials to prevent future abuse; and WHEREAS, since its inception, the Commission has fulfilled its mandate by managing thousands of revenue generating leases on public trust lands, generating in excess of $7 billion, while protecting the resources of the state and applying the public trust doctrine, which ensures that these lands are used for water -oriented commerce, navigation, and fisheries, water -oriented recreation, and preservation of land in a natural state; and WHEREAS, the reorganization proposed by the CPR would abolish the State Lands Commission and split the Commission's management functions among three new proposed departments - the Department of Environmental Protection, the Infrastructure Department and the Department of Natural Resources; and WHEREAS, abolishment of the Commission would eliminate the present system of decision making by elected officials at public hearings, open to scrutiny and input from the public, applicants, and the press, providing appropriate checks and balances to ensure that decisions concerning public trust lands responsive to the needs of California thereby eliminating public accountability for decisions related to the administration of public lands now being made by the Lands Commission in open public meetings; and, C� f] Resolution No. 86-04 Page 2 WHEREAS, parts of the reorganization plan proposed by the CPR were previously rejected in reorganization proposals including Assembly Bill No. 2468 (1993-94) and the draft Governor's Reorganization Plan No. 1 (1995-96) both of which would have broken up the functions of the State Lands Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro bay opposes the recommendation of the California Performance Review Commission to abolish the State Lands Commission and distribute its functions among several agencies, urges the California Performance Review Commission to delete this recommendation from their fmal report to be presented to the Governor, and recommends that the Governor not include this recommendation in subsequent reorganization plans and other proposals PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13a' day of December 2004, by the following vote: AYES: Baxley, DeMeritt, Peirce, Peters, Winholtz NOES: None ABSENT: None BRIDGET"AUER, CITY CLERK PETERS, MAYOR RESOLUTION NO. 84-04 ® RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON IRONWOOD AVENUE AT MIMOSA STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the intersection of Ironwood Avenue and Mimosa Street is under the exclusive jurisdiction of the City of Morro Bay; and WHEREAS, it has been determined to be in the best interest of public health, safety, and welfare to install additional stop signs at these intersections; and WHEREAS, California Vehicle Code Section 21354 provides for said installations through the designation of a stop intersection and installation of stop signs at one or more entrances under its jurisdiction; and WHERAS, Morro Bay Municipal Code Section 10.12.060 provides for the assignment of right-of-way at intersections with a resolution of the city authorizing installation of stop signs; and WHERAS, it is appropriate to assign right-of-way at the intersection of Ironwood Avenue and Mimosa Street due to limited sight distances and other ® functional concerns. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that the intersection of Ironwood Avenue and Mimosa Street is hereby designated as a 3-way stop intersection hereto. BE IT FURTHER RESOLVED, that the Department of Public Services be authorized and directed to install appropriate delineation and signs to reflect these added restrictions and limitations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the 13th day of December 2004, by the following vote. AYES: NOES: ABSENT: Baxley, DeMeritt, Peirce, Peters, Winholtz None None lE ® BRlDGET%BAtJER, City Clerk ® RESOLUTION NO.83-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 2ND DAY OF NOVEMBER, 2004; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, a regular general municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 2, 2004 as required by law; and WHEREAS, notice of said election was duly and regularly given in time, for and manner as provided by law; that voting precincts were properly established; that election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and ® WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the General Municipal Election consolidated with the Statewide General Election held on November 2, 2004 and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: That there were six voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. That said general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to the cities in the State of California, to wit: A Mayor of said City for the full term of two years; Two members of the City Council of said City for the fiill terms of four years. 27 Resolution No. 83-04 Page Two 3. That the names of the persons voted for at said election for the Mayor are as follows: Janice Peters William Yates 4. That the names of the persons voted for at said election for Council Member of said City are as follows: Melody DeMeritt Stan House Bill Peirce Ken Vesterfelt Michael Walgren 5. The City Council does declare and determine that: Janice Peters was elected as Mayor of said City for the full term of two years. Melody DeMeritt was elected as Council Member of said City for a full term of four years. Bill Peirce was re-elected as Council Member of said City for a full term of four yam• 6. At said election the names of the persons voted for and the number of votes given each person are as set forth in the attached certification. 7. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. 8. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected should be inducted into the respective office to which they have been elected. LI Resolution No. 83-04 Page Three 10. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was passed and adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 30'h day of November, 2004 on the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None WILLIAM YATES, ATTEST: ® BRIDGE BAUER, City Clerk LI u CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 2, 2004 CONSOLIDATED GENERAL ELECTION CITY OF MORRO BAY I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on November 2, 2004, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the office of Mayor and Member of the City Council and that the totals shown for each candidate for the office of Mayor and Member of the City Council in said city and in each of the respective precincts therein, ® are full, true and correct. WITNESS, my hand and Official Seal this 29th day of November, 2004. L. ODEWALD, County Clerk -Recorder CJ 11 n -� nz y n n n DP o_o>u > o_Z ow> a Z. o_Z S o_>Ao_Z o'Z o_Z Ei (i CI A O O O b x < O N Z y C] O �1 > �r O Z <s J J J J J J J J J - G1 T P P P T q q q O O O N N N N N N q T q p J J J J J J J J a a a U ➢➢> q q q b b b O C O- C T> N G1 d q A N d O d ',/� N a ➢ W [.l J J - J➢ J O y e e e e a a a e e e a a e a a a e a e a U u Cl N v Cl N W T N V A O� a y l N H� N C F n O l to C' A -I-C --O -I-O OI00 OCO CI00 COO 000 --O C Q O r n > z c o o 0 0 0 o 0 0 0 0 o c o o c o o 0 0 0 0 0 0 o C o K e N e N �n+m UNu a-N a- n K c oc> = . o`� OR. - PLO �� Aa cca - �qa �o a -P UN�., cJa qo Aa �c a - K atl - W> - - - C- - O- N> u V p U C➢ G1 W �p O D U 3 ➢ A d d➢ A A d a u a U d a d d d d ➢ d d N T L N q b N q b a W- U P T T P N q O O-➢ e e a e e e e e a a e e U U U U ➢ W �, C O O C O O O U> U a U a ➢ J N L P U q U W W- q N N O N G1 � N O �D - A V V > V Z pn w r M A nC 3 yr �<_qr r A A > N { > r> > r N0 r p >O -y Z - y O Z O ti <A °w J P J J ^ J J J J J J J J JIJ J J J J J J ^ J - J J J J J J J J J J J J J J J J J J J J J J J J nc c -au -Jm Pa Mi�au N Pa N �aN Nam qaN �AaN . M� MN Pan+ cqi -tea o,c�a ?AAA oa a➢ cPa cP - i7 J J J J J J J J J J J J J J O q A N Gl A N P A N P a N P A N P➢ N P a N P a N �1 ^^ 1. i t y y U U V U 117 N V U J4 > N u J u > V J > N V U J a" N u U a N W U W U W Ly S V u 4 u z -N -N U < p ° m <cOZ A 000 occ coo 00o 000 000 000 coo { Z > N b N Nip N b N N b N NbN NbN NEON NbN �-1 p 0-1 O V J 7 }1 UU UI I iA 1 1 U UU UU UU .i L d a U P q d P C\ A q P➢ q q P P P P P➢ P a y e e e e e a e a e e a e a a a e e e e e a a e e { a a a n« a a a a a A a A a� ➢ a «b« ma w b «a b «b« «b« m➢.ao m➢ «a b « � .b 0 o a e e a e a a a e e o e e e e e a e e a e e a e G G c �inu � c uu ouu coin ouu ouu oin in �.. �.. � � c o o c o o 0 0 0 0 0 o c o o 0 0 0 0 0 o c o N W J N« J N« J N T J N 6 J W J N« J N W J R � N O �D N A A { O p O u-J > K �w J J J J P P P P J J P P A J J J J J J nc 7 Z P N V N 4 qaN L1aN a a n H < p ^ r J J J J O o P N W q N V 'n_• G � rJ r P a N P a N ' ��l Wpm a z azu - u O r Wq- cn au�o r r naN � � n F 4 3 O 0 { b n { •O N P P oWJ oWJ � p cPa QqA y K b N N b J N q> q N'O q N O G 0 ui uu> tlo — N W N A J (p '+N O �: N A A e e e a e E n n4 nn 'L4 z `�' no Ar O z o n Z o n w _ Z o E_n n Q o Z. o N� n Q o Z o NG n Q o Z o' n N E_n n= Q_ Z _.N L' - tl G1 O O O N N N N N N t1 T Q V W W_ - ^ z� J z d a➢ U U U a a a C1 P G1 b J J O O O Vm b n a 4 P N aN c�a d N $ - o d G1 N L A CC1 J C J a J L U O J A y N a W ➢ b u P N J� J m mo m 1 P m O O N - o N IN � C� W b 4➢ O C- J b b O U a� p U U T b C O ` f / - - T G7 �- NC NNO 000 --O oco coo --o coo b ➢ N b - b N N- U A W N N N➢� P b l � ��� JP m QIWW ➢N NJ N N WO b- QG10 �+1 N ➢NN NN -- aNN -- NN a NN V z- AJ NU L O n n a dG1N dN PU J�Od _ OV n a N 9 UN G1 U g m V N J N J,O bN P P aC A O O O O J N ab ONN > a 3 l•1 � /1 U G1 - A �O O b U Q b b b O N N b A- ➢ O a O U a aU a aUIN., O,JU NNN UT V aalNn A_ �o i.. m,ou -cam NOJ oa a uN�o A a e e e e w e e e e e a e e e e e e w e e �3 V O J W P ,D J ➢ G1 O Q➢ U �O P N m a V b a � a m 7 e e e e e e e e e e e e a a e o e o e a e e e >_n `OJ PbJ NU TG1 ,C a P J OJ A - UA 'Cj.i O a e a e a e e e e e e e e e e e e e e e a e e j O n n A N N O N C\ � N O L:N A J J J q q q c J J J IN ® O qN > pA N b C J m a e e a 11 N 'w Zp C N A O Ap A C v y Da EODONS N N o>0 A O O 0q c r > N Z O Z O fA -3 -i 60>o E; > N > ND �+>�nZ O > A K a -i Do moDo N N z Z> m 0 Z? ->3� A C>' . < A n � ��m �mm ama mma a�c"i cJimm "�� <r,c o A _ ; x C N V t S qN u C1N L q N u J V q N V V qN L ^ L W p ~ d N N q➢ d P N N G1 m d N N q➢ N N 1 n N N T A d N (A d N m y INN GFj ^J VON uION VINN v0� uION vIOV �n r 0 >A N O N N O N N O N N O N N C N N O N N O « 0 Z > L Pm yz J m U J U J P N J W J m U J W UL J W £ O j N r K [f77 N L 4 n r O r N N N d N N N mJ N N d N N tJ N d N N W N N m> yi PJ� 0 In UCO in in in. z C' � 1�1 �P q N N q UN T U N P U N q U N q gin. U N q r\ o o T' eev e e a e e e e e e e e N 3 d N m d N m P W➢ _ N q - U q - U q _ u w u a a u a a H a a u i n u a a u a a u a bN o e qbN e e e G\b a N a a qaU e e e qaN G\bN m M N N N N N N N N N N N N N N N N N N N N e e e a e e e e e e a e - e e e e a e e e _ v � G j R N Oc n - u, N N p N G1 �D w A E O � a mac � J J <na o > W A N ➢ Q N 1> N - i N _ w W w U N W G F nj W O � C � p O N N O «oZ O J �+C o- w w �f 3 N N N N J W U C a a N G1 e e y N - Z a >u> eb= e b U e e i3 as a A- W C N 4 N N N N J P U E� ?n ^W n> Z - ow- o a-o =' G n c'o-o —o o-o 0 0-0 —o zc ZC QO Zo Qo Zo Qo Zo Qo Zo o•o Z — 0p = A A nm 00 Z_ nZ yr O Z a N- W N- V N- W - O N O C C - G1 N- W W➢ W --- > � J O L J O > J O ➢a tJ ➢a ➢x N➢ A➢ J J U b N Q P J U '� J A J A J � A u �o P➢ N W a n Z E N C O O 0 0 0 0 PR C P C - C COO 00y> dpp e O >mz rim N O m ^-3 m -a z =o o n', co — � N N p N G1 '1 N O N N > �> v B -i> �N> -1> �°� -7> = N c_ O o c 4- o>_> o c - o c o> CN AO > > © N p A O o w Z <r > N C: O O > r - A_ > > r> r r >0 �O i O Z Z H -i �a N Z O e� a a ae a e e e a e e a a a e e e e e o e e G C JG N�`O Nz P P N b O C C O O C O C C O C C O O O O C C O C C O O O O d m eee eae eee aee eee aea eee eee r o � O<� �mr m MI � N N > cn o t- cC)m r r, -� m En c) a 0 z I77 v �d n is ® e � N N 3 yZ Z A �O N P b N G1 ' i a L'o arc K ee <va O z WG 3 a o cln �I� N A is RESOLUTION NO.82-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING CHANGES TO THE MORRO BAY MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council finds that it is in the public safety and interest to facilitate building upgrades to improve pubic accessibility to businesses in the community; and WHEREAS, the City Council finds that temporarily waiving the fees for an accessibility upgrade advances the public safety and interest; and WHEREAS, the City Council has determined that the Building Official will be responsible for identifying any and all portions of an accessibility upgrade to be deducted from the remaining permit fees if other work beyond the accessibility upgrade is proposed; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for review of the Master Fee Schedule by the City Council and for the adoption of such fees by City Council Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Morro Bay Master Fee Schedule is hereby changed to temporarily waive all planning and building fees for commercial building accessibility upgrades. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the above changes to the Morro Bay Master Fee Schedule will be effective for fees collected on or after July 1, 2004 through July 1, 2005. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of November 2004 on the following vote: AYES: NOES: ABSENT: ATTEST: 0 Elliott Peirce, Peters, Winholtz, Yates None None RESOLUTION NO.81-04 RESOLUTION COMMENDING AND HONORING ® FIRE CAPTAIN JERRY PARKER ON HIS RETIREMENT WHEREAS, Jerry Parker began his fire service career when he was hired by the Morro Bay Fire Department on February I, 1975; and WHEREAS, Jerry Parker progressed in his career with the MBFD and was promoted to Fire Captain on May 9, 1981; and WHEREAS, Jerry Parker was the fast Emergency Medical Technician in the Morro Bay Fire Department and a graduate of San Luis Obispo County's first EMT II advanced life support program; and WHEREAS, Jerry Parker has been active in the San Luis Obispo County Mutual Aid Communications Committee; and WHEREAS, Jerry Parker has also served the employees of the City of Morro Bay as an Officer and negotiator for the Morro Bay Firefighters Association; and WHEREAS, Jerry Parker has coordinated many events for the Fire Department including paramedic services and the Fire Safety House at the Harbor Festival; and WHEREAS, Jerry Parker was instrumental in the establishment of our communications facilities in the City of Morro Bay Emergency Operations Center, and WHEREAS, Jerry Parker protected structures and his crew during the Malibu Fire siege of 1993 when ® Morro Bay Engine 3 caught fire at the height of the fire storm; and WHEREAS, Jerry Parker has positively affected many lives through his actions and compassion for the citizens and visitors of Morro Bay while fulfilling the fire department mission of preserving life, the environment and property; and WHEREAS, Jerry Parker is retiring from the Morro Bay Fire Department to soar the skies of San Luis Obispo County on his ultra -light plane. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council recognizes and extends appreciation to Captain Jerry Parker for his 29 years of service to the community and the City of Morro Bay and wishes him and his wife Loretta, a happy, fulfilling retirement. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 22nd day of November 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None BRIDGET'�BAUER, 11 0 RESOLUTION NO. 80-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE AUDIT OF TRANSIENT OCCUPANCY TAXPAYERS WHEREAS, the City Council made an appropriation in the Fiscal Year 2004-2005 Operating Budget of the Finance Department -for the purpose of conducting TOT audits; and WHEREAS, the City Council finds that a Request For Proposals was let and that five (5) proposers responded; and WHEREAS, the City Council fords that the procurement procedures followed were adequate to insure a fair and open competition and to determine a fair price; and WHEREAS, the City Council fords that Capuchino and Associates of Oceanside, California offers the best combination of responsiveness to the City's needs and budget; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Manager is authorized to enter into final negotiations and execute a contract with Capuchino and Associates for the purpose of auditing TOT taxpayers; and BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the amount of said contract shall not exceed available budgeted amounts of approximately S48,000. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of November, 2004, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None None ® RESOLUTION NO. 79-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING CHANGES TO THE MORRO BAY WASTEWATER COLLECTION AND TREATMENT FEE SCHEDULE WHEREAS, the City Council finds that fees and charges for City wastewater services are in need of updating to reflect changes in the cost of providing those services; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from user fees and user charges that do not exceed the cost of providing the regulation, product or service do not constitute "proceeds of taxes;" and WHEREAS, the City Council received a report on this matter at it's September 27, 2004 City Council meeting and directed staff to "return with a report increasing the sewer fee by $2.00 this year and an additional $1.50 for the two succeeding years'; and WHEREAS, Morro Bay Municipal Code Section 13.12.205 provides for a sewer use charge in order to provide funds to maintain and operate a collection, transportation and treatment facility system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Morro Bay Wastewater Fee Schedule is modified to include the fee changes recited above, to be effective on January I" of each year, for the next three years, beginning January 1, ® 2005. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of November, 2004 by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ® RESOLUTION NO.78-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, APPROVING INTERFUND TRANSFERS AND CLOSURE OF CERTAIN FUNDS FOR FISCAL YEAR 2004-2005 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 appropriations 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 the Mimosa Street Assessment District and the Mimosa Street Supplemental Assessment District retired their final outstanding debt on September 2, 2004; and ® WHEREAS, the City Council acknowledges the continuing efforts of staff to operate within an approved budget and manage savings wherever feasible; and WHEREAS, the City Council established a policy effective July 1, 2004 that requires that all Transfers between funds must be approved by the City Council as an agenda item at a regular meeting. NOW THEREFORE, BE IT RESOLVED: 1) The City Council authorizes the transfer of cash balances in the both above cited funds from their Improvement Funds. and their Reserve Fund to their Redemption Funds; and 2) The City Council authorizes the adjustments of appropriations to accomplish the above - mentioned transfer, and 3) The City Council authorizes the closure of the aforementioned Improvement Funds and Reserve Funds, due to the retirement of all outstanding bonded indebtedness. City Council Resolution No. 78-04 ® November 22.2004 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of November, 2004, by the following vote to wit: AYES: NOES: ABSENT: Elliott, Peirce, Peters, Winholtz, Yates None None 1;1,4 111I, : • ' 11 ® RESOLUTION NO. 77-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, MODIFYING THE OPERATING BUDGETS AND MAIQNG APPROPRIATIONS CHANGES FOR FISCAL YEAR 2004-2005 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 appropriations 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 acknowledges the continuing efforts of staff to operate within an approved budget and manage savings wherever feasible. ® WHEREAS, the City Council established a policy effective July 1, 2004 that requires that all Transfers between funds and/or transfers and overages in Capital Improvement Projects must be approved by the City Council as an agenda item at a regular meeting. NOW THEREFORE, BE IT RESOLVED: 1) The City Council authorizes the transfer of $25,000 from the Fire Department Capital Improvement Project for the Fire Station Placement Study (CIP # 84-01) to Fire Station 53 Earthquake Recovery Project CIP (CIP# 84-22); and 2) The City Council authorizes the adjustments of appropriations to accomplish the above -mentioned transfer, and The City Council authorizes the termination and closure of the Fire Station Placement Study Capital Improvement Project (CIP # 84-01) 11 ® Resolution No. 77-04 November 22, 2004 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of November, 2004, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None BRIDGE AVER, City Clerk C 11 C RESOLUTION NO.76-04 A RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS TO THE RURAL TRANSIT FUND GRANT PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) annually adopts the Federal Transit Administration (FTA) Section 5311 formula funds Program of Projects (POP); and WHEREAS, SLOCOG began the Rural Transit Fund (RTF) program with Resolution 02-16 on December 5, 2002 by programming FTA Section 5311 funds to the Regional Transit Authority (RTA); and WHEREAS, RTA has agreed to use these Federal funds for operating support and SLOCOG has agreed to exchange a similar amount of TDA funds for use in the RTF program; and WHEREAS, SLOCOG, RTA, and other rural transit operators worked together to develop a process to exchange FTA Section 5311 formula funds with Transportation Development Act (TDA) funds to create the Rural Transit Fund, including Policies and Procedures to govern the RTF program; and WHEREAS, the Policies and Procedures developed ensure that all funds will be used solely for rural transit projects consistent with the original intent of the FTA Section 5311 program, which is to maintain a reliable funding source for transit capital in the non -urbanized areas of San Luis Obispo county; and WHEREAS, there is $277,550 available for competitive distribution and project applications for the 2005/2006 RTF cycle are due December 1, 2004. NOW, THEREFORE, BE PP RESOLVED that the Morro Bay City Council authorizes the City Manager to submit applications to the Rural Transit Fund for the transit projects in Exhibit A. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 8ih day of November 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ATTEST: 11 Exhibit A Rural Transit Fund Fiscal Year 2005/2006 Grant Cycle Applications Due December 1, 2004 New DAR Vehicle Estimated Project Cost - $55,000 Description: Replace 2002 DAR vehicle that will have surpassed FTA service life criteria by the time the new vehicle is acquired and placed into service. Communications Eauipment for DAR/I'rollev Reneater Site and Transit Office Estimated Project Cost - $8,000 Description: Replacement of various communications equipment that is out dated or not functioning properly at the DAR/Trolley repeater site and at the Transit office, and includes such items as antennas, multicouplers, and cabling. Generator for Transportation Estimated Project Cost - $15,000 ® Description: Purchase and install generator, including shelter to house equipment, to power the Transit office, City Hall and Public Services' buildings during electrical outages. Short Ranee Transit Plan Update Estimated Project Cost - $25,000 Description: Update of the Short Range Transit Plan that is required every 5 years. 11 11 C C RESOLUTION NO. 75-04 APPROVAL OF A GRANT IN THE AMOUNT OF $18,000 FROM THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE PURCHASE AND INSTALLATION OF A VESSEL SEWAGE PUMP OUT AT THE MORRO BAY YACHT CLUB, LEASE SITE 57fi1/57W-61 W, LOCATED AT 541 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California 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 pump out/dump station facilities; and, WHEREAS, the City of Morro Bay has required the Morro Bay Yacht Club to install a vessel pump out facility on Lease Site 57-61/57W-61 W, located at 541 Embarcadero; and, WHEREAS, to facilitate purchase and installation of the pump out facility the City has agreed to enter into an agreement with the Department of Boating and Waterways to cover the cost of purchasing and installing of a vessel pump out facility; and, WHEREAS, the Morro Bay Yacht Club will cover all other costs necessary to operate the vessel pump out and will maintain and operate the vessel pump out after it is installed at no cost to the State or the City. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that adoption of this resolution authorized the City to enter into a grant agreement with the Department of Boating and Waterways provide grants in the amount of $18,000 for the purpose of providing a public use vessel pump out/dump station facility at the Morro Bay Yacht Club; and, BE IT FURTHER RESOLVED, that the City of Morro Bay hereby authorizes the Mayor of the City of Morro Bay to execute the grant agreement and accept the grant for the purpose stated above. Harbor Department staff is hereby authorized to manage the grant agreement. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8 h day of November 2004, by the following vote: AYES: Elliott, Peters, Winholtz, Yates NOES: None ABSENT: None ABSTAIN: Peirce A RESOLUTION NO. 74-04 ® RESOLUTION APPROVING THE COMMERCIAL PROPERTY PURCHASE AGREEMENT FOR THE SALE OF CITY -OWNED PROPERTY LOCATED AT 220 ATASCADERO ROAD, MORRO BAY CALIFORNIA The City Council, City of Mono Bay, California WHEREAS, the City purchased real property located at 220 Atascadero Road, Mono Bay California, more commonly known as the Flippo's Surfside Skate Harbor, on October 1, 2001 for $845,000.00; and WHEREAS, said property was purchased for a possible future site of a City youth center but the City thereafter decided that an alternative site was better suited for the City youth center; and WHEREAS, pursuant to Government Code section 37350, the City wishes to sell City - owned real property located at 220 Atascadero Road, Mono Bay, California for the common benefit of its citizens; and WHEREAS, pursuant to Government Code section 37421, and Resolution 43-04, the City notified its Citizens of its intention to sell City -owned property located at 220 Atascadero Road, Mono Bay, California; and ® WHEREAS, the City designated the real property at 220 Atascadero Road, Mono Bay, California for sale at the Open Session Council Meeting on July 12, 2004, and after receiving protests passed and adopted Resolution 43-04 by more than 4/5d vote; and WHEREAS, the City has negotiated the attached Commercial Property Purchase Agreement with the Buyer of the property for $1,315,000.00; Now, THEREFORE, be it resolved that the City Council of the City of Mono Bay does hereby approve the attached Commercial Property Purchase Agreement for the sale of the City - owned real property located at 220 Atascadero Road, Mono Bay, California. PASSED AND ADOPTED by the City Council, City of Mono Bay at a regular meeting thereof held on the 8 h day of November 2004, by the following vote: AYES: NOES: ABSENT: Elliott, Peirce, Peters, Winholtz, Yates ATTEST: ® Bridgettauer, City Clerk ® RESOLUTION NO.73-04 RESOLUTION ENDORSING THE PUBLIC WORKS ADVISORY BOARD RECOMMENDATION ON THE MORRO BAY STATE PARK TRAFFIC CIRCULATION STUDY The City Council City of Morro Bay, California WHEREAS, The City's General Plan, Circulation Element and Coastal Land Use Plan have established criteria for pedestrian, bicycle and vehicular transportation facilities within Morro Bay State Park; and WHEREAS, these criteria include State Park Road ("lower") being classified as an arterial street and further that this road shall be retained and improved along with the provision of a bicycle and jogging trail adjacent to the road from Main Street to South Bay Boulevard; and WHEREAS, the San Luis Obispo Council of Governments provided funding for a traffic circulation study to develop a plan to install pedestrian trails and bike routes in said Park; and ® WHEREAS, said study was prepared by a consulting traffic engineer and various options were developed in conjunction with the State Parks and Recreation Department, the City and citizen advocates; and WHEREAS, copies of the study were provided for public review and comment and the Public Works Advisory Board (PWAB) held hearings on the matter at their August and September, 2004 meetings, hearing written and oral public input as part of their consideration; and WHEREAS, as result of their analysis and discussion, the Public Works Advisory Board unanimously moved to recommend maintaining two way vehicular traffic on both Park View Road and State Park Road and to install a Class 1 bicycle trail along the lower road, preferably on the west side, from Main Street to South Bay Boulevard; and WHEREAS, said recommendation is consistent with the General Plan, Circulation Elements and Coastal Land Use Plan and results in not having a one-way traffic circulation pattern on the roads, thereby eliminating the concern for time delays in emergency vehicle access going the "wrong way", no additional confusion of tourist drivers, forcing a change in habits of local drivers and un-studied traffic impacts upon City streets (such as Piney Way) by more vehicles, including large trailers; and C Resolution No. 73-04 ® Page Two WHEREAS, the City Council heard the matter at its October 25, 2004 meeting and after considering all the alternatives presented, determined the PWAB recommendation to be appropriate. NOW, THEREFORE, BE IT RESOLVED by the Mono Bay City Council that the City Council does hereby support and endorse the recommendations made by the Public Works Advisory Board regarding the Mono Bay State Park Traffic Circulation Study. PASSED AND ADOPTED by the Mono Bay City Council at a regular meeting thereof held on the 8th day of November 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ATTEST: 0 RESOLUTION NO. 72-04 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA SUPPORTING STATE PROPOSITION 1A "PROTECTION OF LOCAL GOVERNMENT REVENUES" THE CITY COUNCIL City of Morro Bay, California WHEREAS, State government currently seizes more than $5.2 billion annually in local property tax funds statewide from cities, counties and special districts, costing local governments more than S40 billion in lost revenues over the past 12 years; and WHEREAS, more than $6 million of these dollars have been taken from the City of Morro Bay, and WHEREAS, ongoing shifts and raids by the state of local property tax funds and other funding dedicated to local governments have seriously reduced resources available for local fire and paramedic response, law enforcement, public health and emergency medical care, roads, parks, transportation and other essential local services; and WHEREAS, this drain of local resources has continued even during periods when the is state's budget has been overflowing with surpluses; and WHEREAS, Proposition IA is a historic measure that will appear on the November 2004 statewide ballot that would limit the State's ability to take and use local government funding; and WHEREAS, by protecting local government funding, Prop IA would protect local public safety, healthcare and other essential local services; and WHEREAS, Prop IA will not raise taxes and, in fact, will help reduce pressure for local fee and tax increases by limiting state raids of local government funding; and WHEREAS, Prop lA does not reduce funding for schools or any other state program or service, and Prop IA was carefully written to allow flexibility in the event of a state budget emergency; and WHEREAS, Prop IA is supported by a bipartisan, diverse coalition including Governor Schwarzenegger, Democrat and Republican legislative leaders, local government officials, public safety representatives, healthcare, business, labor and community leaders; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the CITY OF MORRO BAY that we hereby express strong support for Proposition IA, the statewide ® ballot initiative that will prevent the state from further taking local government revenues. Resolution No. 72-04 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of October 2004 on the following vote: AYES: Peirce, Peters, Yates NOES: Elliott, Winholtz ABSENT: None 6 ' I IC ' , City Clerk RESOLUTION NO.71-04 ® A RESOLUTION OF THE CITY COUNCIL APROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS NONURBANIZED AREA NEED -BASIS PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AM SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FOR DEL MAR PARK TENNIS COURTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the people of the State of California have enacted the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF 2002 which provides funds to the State of California for grants to eligible applicants, and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the Roberti-Z'Berg-Hams Nonurbanized Area Need -Basis Program for grants and the grant Project shown above within the State, setting up necessary procedures, and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the ® Application before submission of said Application to the State, and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project; hereby: NOW, THEREFORE, BE IS RESOLVED that the City Council of the City of Morro Bay Approves the filing of an Application for local assistance funds from the Robert-Z'Berg- Harris Nonurbanized Area Need -basis Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and - 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 3. Certifies that the Grantee has or will have available, prior to commencement of any work on the Project, the required Match; and 4. Certifies that the Project conforms to the recreation element of any applicable city or county general plan; and, 5. Appoints the Recreation and Parks Director as agent to conduct all negotiations, execute ® and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may he necessary for the completion of Project. Resolution No. 71-04 Page Two LI PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 25t° day of October, 2004 by the following roll call vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates U11af.` U47Ta 4".&131►f1111•WeMW ATTEST: i' 11 ►i D11 ' El RESOLUTION 70-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE HOUSING ELEMENT OF THE GENERAL PLAN OF THE CITY OF MORRO BAY is Case No. GPA 01-03 WHEREAS, the Planning Commission of the City of Morro Bay held a duly noticed public hearing on October 4, 2004 to consider amendments to the Housing Element of the General Plan contained in the 2001- 2008 Housing Element and recommended approval of said amendments to the City Council; and WHEREAS, the October 2003 adopted Amendment (pursuant to meetings and consultations with the California Department of Housing and Community Development (HCD) addresses January 22, 2004 comments by HCD after receipt of said comments (attachment B) and the City of Morro Bay's response to the HCD comments (attachment B); and WHEREAS, said Housing Element has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act (CEQA) in that the project has been given a Negative Declaration and no other documentation is deemed necessary; and WHEREAS, at the October 25, 2004 Public Hearing after consideration of the staff report and the testimony of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify their action in this matter. 1. These amendments to the Housing Element are consistent with the requirements of State Law with respects to the contents required for the preparation of the Housing Element; and 2. These amendments are internally consistent with all other elements of the General Plan and the Local Coastal Program of the City of Morro Bay. ® NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City if Morro Bay, California, determines as follows: SECTION 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter, and SECTION 2. The City Council finds that the Housing Element complies with the requirements of Government Code Section 65302, as provided in Government Code Article 10.6. SECTION 3. The City Council does hereby approve Case No. GPA 01-03 amending the Housing Element as shown in Attachment C as the Housing Element of the General Plan of the City of Morro Bay, including Attachments B (proposed changes). SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25" day of October 2004, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ATTEST: R, Ow I Mom, M RESOLUTION NO. 69-04 ® A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY ACCEPTING THE FINAL MAP FOR AN APPROVED 7-LOT COMMUNITY HOUSING SUBDIVISION KNOWN AS TRACT 2556 THE CITY COUNCIL City of Morro Bay, California WHEREAS, on September 13, 2004 the City Council did hold a public hearing, received public testimony, both written and oral, and after closing the public hearing fully considered the various issues surrounding the case, including recommendations from the Planning Commission during the public hearing that they held on December 15, 2003; and WHEREAS, the Council did approve the tentative map for Tract 2556, and associated development applications, based on certain Conditions of Approval; and WHEREAS, the Council and Planning Commission has previously made findings required by the California Environmental Quality Act (CEQA) and the City of Morro Bay procedures for implementation of CEQA; and WHEREAS the applicant has since satisfied all Conditions of Approval and requests ® permission to record the Final Map; and WHEREAS, the recordation of the final map is a ministerial act pursuant to the City of Morro Bay Subdivision Ordinance and California Subdivision Map Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City hereby accepts the final map for Tract 2556. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 25`h day of October 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz Yates NOES: None ABSENT: None ATTEST: BRIDGETT UER City Clerk RESOLUTION NO. 68-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING LEGISLATION AMENDING THE AMERICANS WITH DISABILITIES ACT TO REQUIRE NOTICE PRIOR TO FILING LEGAL ACTION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Americans with Disabilities Act gives civil rights protection to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion; and WHEREAS, the Americans with Disabilities Act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications; and WHEREAS, the City of Morro Bay supports the goals of this landmark civil rights law and the original intent of the Americans with Disabilities Act because it provides equal access opportunities for all Americans; and WHEREAS, since the enactment of the Americans with Disabilities Act, many abuses have been perpetrated against property owners by a few unscrupulous attorneys seeking to wage economic retribution upon property owners using the guise of a well-intentioned civil rights law. Unfortunately, it is not the goal of these few attorneys to improve accessibility for the disabled, but to exact financial punishment through lawsuits; and WHEREAS, legislation has been introduced by California State Assemblyman Tim Leslie (AB 2594) and by U.S. Congressman Mark Foley (H.R. 728) that would amend the Americans with Disabilities Act to require, as ® a precondition to commencing a civil action with respect to a place of public accommodation or commercial facility, that an opportunity be provided to correct alleged violations. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MORRO BAY that this Council supports the adoption of legislation that would require notice prior to filing legal action for violations of the Americans with Disabilities Act since it would curtail the abusive practice of certain attorneys by providing a due process provision for property owners so that they may be in full compliance with the Act. BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to the League of California Cities, Central Coast Cities, the Governor's office, and to the California and Federal Legislative Delegation. 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, 2004 on the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None Eye :&M ® RESOLUTION NO.67-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ACCEPTING $100,000 FROM THE STATE OF CALIFORNIA CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Sections 30061 through 30064 is providing supplemental funds for front line municipal police services after the City adopted its 2004-2005 budget; and WHEREAS, it is proposed that the Police Chief be given discretion to use these funds during the grant period for other purposes authorized by the grant in the event of a change in department staffing and priorities; and WHEREAS, the required public hearing has been held. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay hereby authorize the expenditure of those funds in accordance with the Government Code as recommended by the Police Chief. ® PASSED. AND ADOPTED by the Ci� Council of the City of Morro Bay, California, at a regular meeting held on the 27 of September 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None �. !JW@tg,�AUER, City Clerk ► o 0 WILLIAM YATE , Ma or RESOLUTION NO. 66-04 RESOLUTION COMMENDING AND HONORING SUPPORT SERVICES MANAGER JOY ELLIOTT ON HER RETIREMENT CITY COUNCIL City of Morro Bay, California WHEREAS, Joy Elliott began her public safety career when she was hired by the Morro Bay Police Department on September 15, 1975; and WHEREAS, Joy Elliott progressed in her career with the MBPD and was appointed Support Services Manager July 1, 1985; and WHEREAS, Joy Elliott has been a member of the California Law Enforcement Association of Records Supervisors (CLEARS) since 1979 serving as State Secretary in 1984/85, Chapter Secretary in 1984/85, Vice President in 1986/87, and various other capacities throughout the years; and WHEREAS, Joy Elliott has been active in law enforcement's San Luis Obispo County Technical Advisory Group serving as Chairperson and Secretary over the years; and WHEREAS, Joy Elliott has also served the employees of the City of Morro Bay as an Officer of the Morro Bay City Employees Association and Secretary of the Morro Bay Police Officers Association: and WHEREAS, Joy Elliott received the honor, bestowed by her peers, of Morro Bay Police Department Civilian Employee of the Year for both 1995 and 2003; and ® WHEREAS, Joy Elliott has made notable contributions to the community by co -establishing the City Employees adoption of a three mile section of Highway One through the State of California Adopt - A -Highway Program in 1992, as well as helping to coordinate the monthly trash pick-ups since inception of the program; and WHEREAS, Joy Elliott has served as the coordinator of the Community Blood Drives in Morro Bay with the Tri-Counties Blood Bank since 1994; and was a volunteer for the Community Thanksgiving Day Dinner over the years; and WHEREAS, Joy Elliott is retiring to leisurely travel the country in her motor home with her beloved husband, Councilmember Dave Elliott. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council recognizes and extends appreciation to Joy Elliott for her 29 years of service to the community and the City of Morro Bay and wishes her a happy, well-earned, retirement. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 27th day of September 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None None ABSENT: L& WILLIAM YATES. a r Is RESOLUTION NO.65-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHH'S PROGRAM. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Department of Housing and Community Development (hereinafter referred to as the "Department') is authorized to allocate HOME Investment Partnership Program ("HOME") funds made available from the U.S. Department of Housing and Urban Development ("HUD"). HOME funds are to be used for the purposes set forth in Title II of the Cranston -Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and Title 25 of the California Code of Regulations commencing with section 8200; and ® WHEREAS, on July 30, 2004 the Department issued a 2004 Notice of Funding Availability announcing the availability of funds under the HOME program (the "NOFA"); and WHEREAS, In response to the 2004 NOFA, the City of Morro Bay, a municipal corporation subdivision of the State of California, (the "Applicant'), wishes to apply to the Department for and receive an allocation of HOME funds. NOW, THEREFORE, BE IT RESOLVED, in response to the 2004 NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Four Hundred Eighty Six Thousand Dollars ($486,000.00) for the following activities and programs to be located in the City of Morro Bay: Owner -Occupied Rehabilitation Program. BE IT FURTHER RESOLVED that if the application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in the therefore mentioned application as approved by the Department in accordance with the statues and regulations cited above. The Applicant may also execute a Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department of HUD for participation in the HOME program (collectively, the required documents). 11 ® Resolution No. 65-04 Page Two BE IT FURTHER RESOLVED that the applicant authorizes the Public Services Director or his designee(s) to execute, in the name of the applicant any required documents as outlined by the Department, HUD or other agency related to the program. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on September 27, 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ® ATTEST: :•i11 . XUER, City Clerk 11 ® RESOLUTION NO. 64-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO LEASE AND AGREEMENT REGARDING POWER PLANT MODERNIZATION AND OUTFALL LEASE BETWEEN THE CITY OF MORRO BAY AND DUKE ENERGY MORRO BAY LLC The City Council, City of Morro Bay, California WHEREAS, On October 23, 2000, Duke Energy Morro Bay LLC filed an Application for Certification seeking approval from the California Energy Commission to construct and operate a 1200 MW natural-gas fired, combined cycle, combustion turbine Morro Bay Power Plant Project; and WHEREAS, pursuant to California Public Resources Code, §§ 25519 (c), 21000 et seq. the California Energy Commission (CEC) is Lead Agency for the purposes of environmental review under the California Environmental Quality Act of 1970 (CEQA") for the Project; and ® WHEREAS, pursuant to California Public Resources Code, § 21080.5 the CEC's process and associated documents are functionally equivalent to the traditional Environmental Impact Report process; and WHEREAS, pursuant to CEQA Guidelines sections 15052 and 15096 the City of Morro Bay is required to rely on the Lead Agency's environmental document in acting on whatever aspect of the project requires its approval, unless the City chooses to challenge the adequacy of the EIR; and WHEREAS, the City of Morro Bay leases to Duke property on which is located an off -site outfall structure used for the discharge of the heated water from the Morro Bay Power Plant; and WHEREAS, the Existing Outfall Lease expires on November 15, 2004 and Staff has negotiated a new Outfall Lease Agreement and is presenting the Agreement to Lease and Outfall Lease to Council for approval and execution; and WHEREAS, the California Energy Commission determined that the project will cause no increase in thermal discharge and the project will not result in any significant detrimental biological impacts caused by the outfall discharge; and WHEREAS, the California Energy Commission determined that thermal impacts ® from the modernization of the Morro Bay Power Plant will not be significant pursuant to the Clean Water Act and will also comply with the California Thermal Plan; and Resolution No. 64-04 Page Two WHEREAS, the California Energy Commission determined that The Morro Bay Power Plant Project will provide local economic benefits and electricity reliability to the San Luis Obispo County area; and WHEREAS, the California Energy Commission determined that The Conditions of Certification ensure that the project will be designed, sited, and operated in conformity with applicable local, regional, state, and federal laws, ordinances, regulations, and standards, including applicable public health and safety standards, and air and water quality standards; and WHEREAS, the California Energy Commission determined that the Conditions of Certification will ensure protection of environmental quality and assure reasonably safe and reliable operation of the facility. The Conditions of Certification also assure that the project will neither result in, nor contribute substantially to, any significant direct, indirect, or cumulative adverse environmental impacts; and WHEREAS, the California Energy Commission determined that the evidence of ® record establishes that no feasible alternatives to the project, as described during these proceedings, exist which would reduce or eliminate any significant environmental impacts of the mitigated project; and 11 WHEREAS, the California Energy Commission determined that the proceedings leading to this Decision have been conducted in conformity with the applicable provisions of Commission regulations governing the consideration of an Application for Certification and thereby meet the requirements of Public Resources Code sections 21000 et seq. and 25500 et seq.; and WHEREAS, the Council of the City of Morro Bay finds that the requirements of CEQA, the Environmental Impact Report process, and the CEQA Guidelines as prescribed by the Secretary for Resources, have been satisfied by the CEC's process and associated documents and adopts the findings set forth in the California Energy Commission's decision; and WHEREAS, the Council of the City of Morro Bay finds that the approval of the Agreement to Lease and Outfall Lease is exempt from review under CEQA because it involves the lease and minor alteration of existing facilities as described in State CEQA Guidelines Section 15301 and is exempt under Class 1, Existing Facilities; Title 2, California Code of Regulations, section 2905 (a)(2). 2 ® Resolution No. 64-04 Page Three NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Morro Bay authorizes and directs the Mayor to enter into the Agreement to Lease and Outfall Lease in the form attached hereto and to accept, on behalf of the City of Morro Bay, deeds to the parcels of real property to be acquired by the City under the Agreement to Lease and to execute, on behalf of the City, such additional documents, as may be needed to complete the transactions set forth in the Agreement to Lease and the Outfall Lease. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 13th day of September 2004, by the following vote: AYES: Elliott, Peirce, Peters, Yates NOES: Winholtz ABSENT: None ABSTAIN: None WILLIAM YA' 1 3 0 RESOLUTION NO. 63-04 A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY ACCEPTING THE FINAL MAP FOR AN APPROVED 6-LOT RESIDENTIAL SUBDIVISION KNOWN AS TRACT 2584 THE CITY COUNCIL City of Morro Bay, California WHEREAS, on January 12, 2004 the City Council did hold a public hearing, received public testimony, both written and oral, and after closing the public hearing fully considered the various issues surrounding the case, including recommendations from the Planning Commission during the public hearing that they held on December 15, 2003; and WHEREAS, the Council did approve the tentative map for Tract 2584, and associated development applications, based on certain Conditions of Approval; and WHEREAS, the Council and Planning Commission has previously made findings required by the California Environmental Quality Act (CEQA) and the City of Morro Bay procedures for implementation of CEQA; and WHEREAS the applicant has since satisfied all Conditions of Approval and requests ® permission to record the Final Map; and WHEREAS, the recordation of the final map is a ministerial act pursuant to the City of Morro Bay Subdivision Ordinance and California Subdivision Map Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City hereby accepts the final map for Tract 2584. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 13`h day of September, 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None (I /:r111*" El WILLIAM YA RESOLUTION NO. 62-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING CHANGES TO THE MORRO BAY MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of providing those services; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from user fees and user charges which do not exceed the cost of providing the regulation, product or service do not constitute "proceeds of taxes"; and WHEREAS, the City has reviewed certain fees, taking into account the annual changes in personnel costs, supply costs, and other costs and finds that the proposed fees are in all cases no more than the actual costs of providing the related services; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for review of the Master Fee Schedule by the City Council and for the adoption of such fees by City Council Resolution. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Morro Bay Master Fee Schedule is changed for the following fees: Planning Fees 1) Conditional Use Permit (CUP): New fee is $3,620. There is no additional fee for a Coastal Development Permit if it is processed with the CUP. 2) Minor Use Permit: New fee is $500. 3) Coastal Permit — Administrative: New fee is $650. 4) Variance Application: New fee is $2,230. 5) Variance with other Permits: New fee is $670. 6) Tentative Parcel Map: New fee is $3,000. 7) Tentative Tract Map: New fee is $4,000. .,r ® Water Meter Connection Fees 1) Meter Instal lation/Connection Fee for 3/4-inch to 5/8-inch meter: New Fee is $1,215. 2) Meter Instal lation/Connection Fee for 1-inch to 1%x-inch meter: New Fee is $1,630. 3) Meter Installation/Connection Fee for 2-inch meter and above: New Fee is $2,185. Miscellaneous Fees 1) Minor Temporary Use Permit: New fee is $40. 2) Administrative Time Extension: New fee is $40. 3) Certificate of Compliance: New fee is $485, plus a deposit for extensive to research as needed. 4) Demolition Permit without Asbestos: New fee is $60. 5) Demolition Permit with Asbestos: New fee is $120. ® BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the above changes to the Morro Bay Master Fee Schedule will be effective for fees collected on or after December 1, 2004. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23`d day of August, 2004 on the following vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ABSENT: None ATTEST: El Attachment 1 E Ll 1 CITY OF MORRO BAY REVENUE AND COST SUMMARY WORKSHEET FY 2003-2004 SERVICE REFERENCE NO. WATER SERVICE INSTALLATION S-072 PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT PS -WATER SERVICE Developer DESCRIPTION OF SERVICE Installation of a new water service on request. CURRENT FEE STRUCTURE 5/8" & 3/4" - $1,557.39 1" - $2029.83 1 1/2" - $638.17 2" - $870.05 REVENUE AND COST COMPARISON UNIT REVENUE: $1,784.87 TOTAL REVENUE: $96,383 UNIT COST: $1,414.39 TOTAL COST: $76,377 UNIT PROFIT (SUBSIDY): $370.48 TOTAL PROFIT (SUBSIDY): $20,006 TOTAL UNITS: 54 PCT. COST RECOVERY: 126.19% SUGGESTED FEE FOR COST RECOVERY OF: 100% 3/4" - $1,215 1" - 1 1/2" - S1,630 2"+ - $2,185 Juty 7, 2004 A CITY OF MORRO BAY COST DETAIL WORKSHEET FY 2003-2004 SERVICE WATER SERVICE INSTALLATION REFERENCE NO. S-072 NOTE TOTAL UNITS Unit Costs are an Average of Total Units 54 DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN, UNITS TOTAL COST WATER MAINT WORKER II 314- 6.50 S296.60 28 $8.305 WATER MAINT WORKER III 3l4• 6.50 S340.86 28 S9,544 WATER Equipment Rates 0.00 S237.64 28 S6,654 WATER Patching Cost 0.00 S170.00 28 $4,760 WATER Materials 0.00 $170.00 28 S4,760 TYPE SUBTOTAL 13.00 $1,215.10 $34,023 WATER MAINT WORKER II 1' - 1.5- 9.50 S433.49 26 S11,271 WATER MAINT WORKER III 1' - 1.5- 9.50 S498.18 26 $12.953 WATER Materials Cost 0.00 S180.00 26 S4,680 WATER Equipment Rates 0.00 S347.32 26 S9,030 WATER Patching Cost 0.00 S170.00 26 S4,420 TYPE SUBTOTAL 19.00 $1,628.99 S42,354 TOTALS 32.00 $1,414.39 $76,3771 July 7, 2004 Attachment 2 TO: Bruce Ambo, . ® Public Services, Director FROM: David W. Phillips Maintenance Supervisor SUBJECT: Water Service Installation Fees. DATE: July 7, 2004 COMPARISON OF WATER CONNECTION FEE RECOMMENDATIONS In either February or March of 2003, I requested the Water Lead worker Rich Huntington to research the time and equipment used to perform installation of new water services. He examined the logs for the months of January through December of 2002, of the employees responsible for these installations. It was discovered that we had installed a total of 20 5/8 and 3/4 inch services. The total number of hrs needed to complete the work was 135 hrs for an average time of 6.43 hrs. During that same time period we had installed 9 1" services. The total number of hrs. expended on the installation of 1" meters was 86 for an average of 9.56 hrs per installation. We had not ® installed any large diameter ( above 1 ") in this time period. As the documentation was lacking, I did not include the time spent by the lead worker meeting with the owners representative to determine the location and grades, the typical time spent raising the meter when final grading is complete, any cost of road base, sand, or cold mix. For the same reason I also did not include costs for the use of loader/backhoe and dump truck that is needed on occasion. I was also unable to find a value for rental of the tapping tool so that was not included. For the cost of labor I used the numbers provide in a memo from Jim Koser dated February 13 as they applied to those that normally install the meters. That information indicated that the fully burdened rate for one of the individuals was $79.79 per hour and the other was $74.79 per hour. To establish the value of the truck, air compressor, boring tool and tamp I used the California Department of Labor, "Labor and Surcharge&Equipment Rental Rates", March 2002 edition. Based on that information I determined ® the costs to install a typical 3/4or 5/8 service in 2002 was the following: Labor 56.43X 579.79 5513.05 S6.43X 574.79 S480.90 Trucks 6.43 hrs S60.31 Air compressor 3hrs 521.84 Boring tool 3hrs $59.70 Materials 5170.00 Patch back if performed along with other streets patching $169.36 TOTAL $1475.16 Costs as determined By fee study Labor 6.50X S52.44 S340.88 6.50X S45.63 5296.60 $170.00 S 170.00 $977.46 ® Costs to install atypical 1" service Costs as determined by in 2002. Fee Study 11 E. Labor 9.56X S79.79 S762.79 9.56X $74.79 S714.99 Truck 9.56hrs S93.97 Air Compressor 4hrs. S29.12 9.5X S52.44 $498.18 9.5X S45.63 S433.49 Boring tool 4hrs S79.60 materials S180.00 S180.00 Patch back if performed along with other street $169.36 S 170.00 Total S 2029.83 S1281.67 C C 2004 Single Family Dwelling Fees (2000 square foot residence in coastal appeal area on existing lot 1 Cambria (SLO Co. ' Morro Ba ' Pismo Beach' Paso SLO City Average PLANNING FEES 1 Coastal Permit 3,069.00 548.911 1,527.001 I nvironmental Exemption included above 52.301 1 1 I Plot Plan Review 1 59.191 I I I Total Planning Fees I 3,069.001 601.21 1,527.00 59.19 1,051.28 I BUILDING FEES 1 Plan Check 981.50 2,472.001 1,460.21 1,075.83 2,255.21 I Building Permit 1,509.501 2,472.00 2,132.001 1,520.15 1,540-50 Mechanical, Plumbing & Elec. Pmt 372.50 372.501 421.41 616.05 I Energy151.00 1 215.66 I Seismic I 19.501 19.78 19.32 17.991 1 Plot Plan and/or Microfilm 285.001 25.00 167.00 Addressing 52.001 I SMIP Fee 19.34 1 Permit Automation Fee 20 I Total Building 3,371.001 4,963.78 4,009.031 3,056.72 4811.61 I 4,042.43 I I PUBLIC WORKS FEES I 1 Water - 3,255.001 1,557.39 7,951.001 3,904.001 Sewer 2,170.001 2,006.01 4,463.001 Retrofit 7,500.001 Inspection 60.00 Encroachment Permit 140.001 71.82 100.00 Public Works Review 33.001 88.791 I Water Meter 1 157 Total Public Works Fees 1 13,158.001 1,629.211 10,057.01 8,455.791 1571 1 6,691.40 I I I I I I IMPACT FEES not else where included I I I I AB 717 Fee Info. Tech 261 I Gov't 310.001 1 i Admin 50.00 I I I Sheriff/Police 76.00 I Park 956.00 1 1 I Library 181.00 Firel 377.4 Development Impact Fees 1 9,796.001 10,392.00 1609.331 1 Traffic' 538.50 1 1 1,519.00 Water 1 364.28 1 13,967.00 Sewerl 2,257.201 1 3,377.00 Housing Impactl 600.00 Schooll 4,300.001 4,480.001 4,300.001 4,280.00 4,480.00 1 1 1 1 1 Total Impact Fees 6,856.501 7,701.481 114,096.001 14,672.00 25,329.73 1 13,731.14 I I I TOTAL ALL FEES - 26,454.50 14,895.68 29,689.04 26,269.70 30,298.34 25,521. 55 I I Median Home Selling Price 2004 686,000.001 615,000.00 796,000.00 380,000.00 632,000.00 621,800.00 Percent of 2004 house price 3.86% 2.42% 3.73% 6.91°/ 4.79% 4.34% Notes: I I I ' Denotes Coastal Appealable I 'Cambria traffic fees range from $200 to S877, the figure used is an approximate average. Impact Fees for Pismo Beach is an average I II Water and Sewer connection fee for Pismo Beach includes impact fees II Our example is for a lot of record, Pismo Beach has an in -lieu housing fee for new subdivisions not I I included to be consistent. I I I I I Median Home Price 2000 from Home Builders Association I I I I I Median Home Price 2004 March 1 to July 1, 2004 from SLO County Multiple Listing Service I I I Au ust 2, 2004 I RESOLUTION NO.61-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ® AMENDING THE GENERAL PLAN AND COASTAL LAND USE PLAN MAP OF THE CITY OF MORRO BAY Case No GPA/LCP 02-03 WHEREAS, California State Law, (Section 65040.5 of the Government Code) encourages local jurisdictions to update their General Plan; and WHEREAS, the Planning Commission held public hearings on November 17, 2003, to review the latest draft of the plan and to receive and consider public testimony prior to making recommendations to the City Council concerning amendments to the General Plan and Coastal Land Use Plan; and WHEREAS, the Planning Commission held public workshops on the General Plan/Local Coastal Plan update on January 17, 2001, January 31, 2001, March 14. 2001, March 28, 2001; April 30, 2001 and September 12, 2001, to review the consultant's draft of the plan with the City Boards and Commissions and to receive public testimony on the amendments to the General Plan and Local Coastal Plan; and WHEREAS, Public workshops were held one in October 1998 to establish a vision for the plan, two workshops in March of 1999 to address specific issues and concerns and in November 1998 persons familiar with the City's existing plans were interviewed by the City's consultant and in July 1999 the Planning Commission reviewed the goals of the plan; and ® WHEREAS, The Planning Commission considered the General Plan/Local Coastal Plan and the public comments received at their meetings on October 1, 2001, October 15. 2001. November 19, 2001, February 4, 2002, February 19, 2002, March 4, 2002, May 6, 2002, July 1, 2002, July 15, 2002, August 5, 2002. September 16, 2002, October 7, 2002, October 21, 2002, March 3, 2002, April 21, 2002, July 7, 2003, July 21, 2003, October 6, 2003, October 20, 2003 and November 17, 2003. WHEREAS, a Notice of Availability of an Initial Study and Proposed Negative Declaration for the update of the General Plan/Local Coastal Plan was issued on October 13, 2003;and WHEREAS, no comments were received during the thirty (30) day public comment period on the environmental document; and WHEREAS, the Planning Commission conducted a public hearing on November 17, 2003 to consider a recommendation for adoption of the Initial Study and Negative Declaration for the update of the General Plan and Coastal Land Use Plan; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 17, 2003 to consider a recommendation for adoption of the update of the General Plan and Coastal Land Use Plan and voted unanimously to recommend its adoption to the City Council; and is WHEREAS, the City Council has fully considered the Initial Study and Negative Declaration on the update of the General Plan and Coastal Land Use Plan; and WHEREAS, the City Council conducted a duly noticed public hearing on January 26, 2004, another public hearing on February 23, 2004. Following the public hearing, and after consideration of the comments by all persons written and oral, the City Council approved the is Declaration to the General Plan and Coastal Land Use Plan text and approved the Negative Declaration for the text; and directed staff to return with changes to the map for the update to incorporate existing land uses and to have the Planning Commission make a recommendation on the map. WHEREAS, The Planning Commission at a duly noticed hearing on May 17, 2004, reviewed the map and its changes and directed staff to make changes as necessary to reflect existing land uses and further recommended the revised map to the City Council for adoption. WHEREAS, the City Council conducted a duly noticed public hearing on July 27, 2004, another public hearing on August 23, 2004. Following the public hearing, and after consideration of the comments by all persons written and oral, the City Council approved the amendment to the General Plan and Coastal Land Use Plan Map and approved the Negative Declaration for the map. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the Initial Study and Final Negative Declaration prepared for the General Plan / Coastal Land Use update and map is complete and adequate pursuant to the requirements of the California Environmental Quality Act (CEQA) and that the project will not have a significant adverse effect on the environment. ® SECTION 2. The City Council finds that the General Plan/Coastal Land Use Plan update complies with the requirements of the Government Code Section 65300, as provided in Government Code Article 10.6. SECTION 3. The combined General Plan/Local Coastal Plan shall be submitted to the California Coastal Commission as prescribed by Article 15 of the California Code of Regulation for certification. The Housing, Noise and Safety Elements of the General Plan are not a part of the combined plan and are not to be included in the submittal to the Coastal Commission. SECTION 4. Upon certification by the California Coastal Commission, the updated plan and map is hereby approved and adopted as the General Plan/Local Coastal Plan and Map of the City of Morro Bay. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter, the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 23`d day of August 2004 by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ® ATTEST: Gu� Bridget Ba City Clerk RESOLUTION NO. 60-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING THE EXISTENCE OF GULLS AT BAYSHORE HOMEOWNERS EXEMPT FROM MORRO BAY MUNICIPAL CODE 7.16.025 AND AUTHORIZING THE OWNERS TO REMOVE GULL NESTS FROM THEIR PROPERTY THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, Morro Bay Municipal Code Section 7.16.025 states that it is unlawful to damage or destroy the nests or eggs of any wild birds within the City unless the City Council determines by resolution that the birds protected have become so numerous or destructive as to constitute a menace and danger to the public health, safety or property; and, WHEREAS, On June 21, 2004, the City received a correspondence from Bayshore Homeowners Association requesting that the Gulls located within their complex be declared a public nuisance and requesting an exemption to allow for the removal of Gull nests from their roofs be granted by the City Council pursuant to Morro Bay Municipal Code Section 7.16.025; and, WHEREAS, on July 26, 2004, the public was given an opportunity to appear and object to the City Council declaring the Gulls within the Bayshore Homeowners Association a public nuisance ® and the granting of an exemption pursuant to Morro Bay Municipal Code Section 7.16.025; and, WHEREAS, after hearing the evidence and testimony, the City Council determined that the presences of Gulls and their nests at the Bayshore Homeowners Association property are hazardous, unsafe, unsightly, unsanitary and constitute a nuisance detrimental to the public health, safety and welfare and the property of others. Now, THEREFORE, be it resolved that the City Council of the City of Morro Bay hereby grants Bayshore Homeowners Association an exemption from Morro Bay Municipal Code Section 7.16.025 and allows them to remove the Gull nests from their roofs for a period of 3 years. This exemption applies only to Morro Bay Municipal Code Section 7.16.025 and does not relieve the Bayshore Homeowners Association from complying with all other local, state and federal laws. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9ie day of August 2004 by the following vote: AYES: ELLIOTT, PEIRCE, PETERS NOES: WINHOLTZ ABSENT: YATES ABSTAIN: NONE -40 ATTEST: &�r{BP-0�� BRtnaETT BA9EF, City Clerk OR , IL IAM PEIRCE, Vice Mayor ® RESOLUTION NO.59-04 APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 62/62W, LOCATED AT 551 EMBARCADERO, FROM ROBERT REED AND FRANK LOVING TO DENNIS AND DEBORAH KRUEGER THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 62/62W, located at 551 Embarcadero; and, WHEREAS, Robert Reed and Frank Loving are lessees of said property; and, WHEREAS, Robert Reed and Frank Loving have requested approval of assignment of the lease agreement for Lease Site 62/62W, located at 551 Embarcadero, to Dennis and Deborah Krueger; and, WHEREAS, the Krueger's have provided background and financial information as required to the City; and, WHEREAS, the City cannot unreasonably withhold assignment approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro ® Bay that the lease agreement for Lease Site 62/62W is assigned to Dennis and Deborah Krueger and that this assignment is provisional upon the following conditions being fulfilled no later than September 1.2004: ♦ Payment of all past due fees through June 30 2004 of $5,153.94; ♦ Payment of semi-annual minimum rental of $4,201.95 for the period July 1, 2004 through December 31, 2004, ♦ Provision of an executed assignment and assumption document approved by the City attorney; and ♦ Close of escrow. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the assignment and assumption document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the9`s day of August 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz NOES: None 1 ABSENT: Yates I I n A I / WILLIAM PEIRCE, VICE -MAYOR E E J l RESOLUTION NO.58-04 RESOLUTION ADOPTING AMENDMENTS AND ADDITIONS TO THE CITY OF MORRO BAY PERSONNEL RULES AND REGULATIONS AND RESCINDING RULES AND REGULATIONS IN CONFLICT THEREWITH THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay last revised its personnel rules and regulations in 1983; and WHEREAS, revisions are necessary to keep current with policies, procedures and laws affecting employees; and WHEREAS, the attached revisions relate to employment; classification; recruitment, selection and appointment; and employment status. NOW, THEREFORE, BE IT RESOLVED by the Mono Bay City Council that the attached amendments and additions to the Personnel Rules and regulations are adopted and provisions in any resolutions in conflict therewith are rescinded. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting held thereof on the 9t' day of August 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz NOES: None ABSENT: Yates ti."1t &X� �RIDGEJBAUER City Clerk RESOLUTION NO. 57-04 ® A RESOLUTION APPROVING THE REHABILITATION STANDARDS FOR THE STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION PROGRAM IMPLEMENTED BY THE CITY OF MORRO BAY The City Council, City of Morro Bay, California WHEREAS, the California Department of Housing and Community Development awarded the City of Morro Bay funding under the 2004-2005 funding cycle of the Community Development Block Grant (CDBG) Programs to implement a Housing Rehabilitation Program; and WHEREAS, the City of Morro Bay has prepared rehabilitation standards as required by the program; and WHEREAS, the City Council has reviewed the proposed rehabilitation standards as submitted, and WHEREAS, health and safety concerns arising from the substandard conditions found in the Target Areas as documented in the application are the priority of the said standards. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Morro Bay ® approves the Rehabilitation Standards as attached hereto as Exhibit A in compliance with CDBG regulations, the guidelines thereto, and the standard agreement governing the use of program funds. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on August 9, 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz NOES: None ABSENT: Yates ABSTAIN: None ATTEST: ® BROGEOBAIU�ARCity Clerk ® CITY COUNCIL RESOLUTION NO. 55-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004 - 2005 FOR THE CITY OF MORRO BAY WHEREAS, Article Xlll 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 1 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 2004-2005 Appropriations Limit at $17,453,281 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, 2004, by the following vote to wit: AYES: NOES: ABSENT: Elliott, Peirce, Peters, Winholtz, Yates Nnna None BRIDGETTAVER CITY CL K 0 UIFILESWSWORD\CCRESO\pmjAIimit20042005.dm ATTACHMENT A 0 E a m a m O m m O J TN U N -Fa ago go— oN .E � J O Y O ® N LL 2 Q (7 O M m O t0 (q O m O O m m N O LL Ol N N N O N 0 U e o 0 0 o m n o o n m N o cn 0 00 otnoo m m Qo m n Q O T m Q N N N m O m �[NONN a Cm9 tnp O N m m Q Q Q I I I I Xi x x x x x x x N OmC'100 O 00 O m0 O O O t7 m O O OO mto N OCM O t0 O O O m m Q 0 n O N m N m Q n N O m N N M N x x x x x x b x Y G m m Z m O O O E a= ~ m N m C NE2U) m J m m m a m ~C Omomm Zm UXJ t mocLL - m of ax c cFm0O to i mME:E 0m m U m C r dLLd O 0 n7(LaLL m= �AFi5 O m,m mO Q i ATTACHMENT B 0 m� m m C m m C U m ® m L aU 0 c m m c m U 0 mt aU t�lr OmmmmOOr ON OmlllON Q Q NNAC1m r i(I m m N m m m f7 m N CO CI m m m O IQ m m m O Q m � m m lO N m m Q N CO- Q t0 l7 Q mN0 mmm�m� r 1� QrYD� Nf�IN CIm Q mrOmM Q O r r Q M Q N m m r r O m r Q O m O r Q N m )U O Qr'i iO r Of")mOQ Or N t7 mm Q0 mN(7 N-Om Ld Q IhMMQ Q Qm)U illmmr rmmmmmOO NI6Q Q mr N N v r Om0 Q Z go O mmoa000� O �mmmmoomQlo rl orNQ�mm� � Z m m m Q ill N O m m m C I m l n In Cf Omrm rr Q7 c7 O 9 c) Z m f�I N m r r r m m m m m N M N O m N Q Z m Q Q o v m w r nr of omm O m Q t+l (V t7 c7Q a� z I�T NNN0_0000 N N N�m m m m N N N N N `m `m `m m m `m `m m m `m `m m m m `m `m m m `m a m `m `m m m m `m m m m m m m m m m m m m m m m m m m m m m m m m m m m U U tmi tli cR cmi cli U U U U U� W U U U U U N N m m N N m IIl b N N m 10 f/1 m M 1I1 m m N N m W Vl N N N IL IL IL LL lL IL IL lL ll IL IL IL lL lL IL IL IL IL IL IL IL IL IL LL It IL IL ATTACHMENT C ® Enclosure II Annual Percent Change in Population Minus Exclusions (') January 1, 2003 to January 1, 2004 and Total Population, January 1, 2004 Total County Percent Change — Population Minus Exclusions — Population city - 2003-2004 1-1-03 1-1-04 1-1-2004 SAN LUIS OBISPO ARROYO GRANDE 0.69 16,469 16,582 16,582 ATASCADERO 0.90 25,968 26,201 27,691 EL PASO DE ROBLES 2.39 26,274 26,901 27,216 GROVER BEACH 1.56 13,050 13,254 13,254 M:ORRO BAY 0.35 10,485 10,522 10,522 PISMO BEACH 0.40 8,681 8,716 8,716 SAN LUIS OBISPO -0.11 44,225 44,176 44,176 UNINCORPORATED 1.60 101,898 103,528 110,047 COUNTY TOTAL 1.15 247,050 249,880 258,204 ® (') Exclusions include residents on federal military installations and group quarters residents in state mental institutions and state and federal correclional institutions. Page 1 ATTACHMENT D .E E May 1, 2004 Enclosure I A. Price Factor: Article XIII 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 change to be used in setting the 2004-2005 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2004-2005 3.28 B. Following is an example using sample population change and the change in California per capita personal_ income as growth factors in computing a 2004-2005 appropriation limit. 2004-2005: Per Capita Change = 3.28 percent Population Change = 1.52 percent Per Capita converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2004-2005: 3.28 + 100 = 1.0328 100 1.52 + 100 = 1.0152 100 1.0328 x 1.0152=1.0485 ® CITY COUNCIL RESOLUTION NO.54-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE OPERATING BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 2004-2005 FOR THE CITY OF MORRO BAY WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council recognizes that Capital Improvement Projects authorized and ® approved in prior fiscal years (1995-96 through 2003-2004) may not be completed by June 30, 2004; and WHEREAS, the City of Morro Bay uses a two-year budget format that included requests for Fiscal Years 2003-2004 and 2004-2005; and WHEREAS, the City Council is only addressing the budget requests for Fiscal Year 2004-2005; 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 2004-2005 Operating 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; and 3) The City Manager is authorized to transfer appropriations within the adopted budget so long as the appropriations will not have a significant policy impact and the total authorized ® appropriations are not exceeded. However, the City Manager may not transfer appropriations ® City Council Resolution No. 54-04 June 28. 2004 from a Fund, Department, Capital Project or Capital Outlay item without City Council approval. 4) The City Council authorizes and directs the transfer of the balances of capital projects approved in fiscal years 1995-96 through 2003-2004, but not completed by June 30, 2004, to the Capital Improvement Project Fund(s) for Fiscal Year 2004-2005. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 28th day of June, 2004, by the following vote to Wit: AYES: NOES: ABSENT: Elliott, Peirce, Peters, Winholtz Yates None ® BRIDGET613AUER, City Clerk 0 UXFILFSUISWORD\CCRESOVm54-04.dm 9 C G m nm o oo mm mm oo 00 0o 0m 0o oo mm oo mm mm oo mn oo Nn c mO m oP om m m m t7 mm nd oOONN O N n O m d O m m d O O N t7 O d n N � O O N O O 00 mm O N O O O N d N P m ln4 O n t7 to m N m r N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 O 00 O O O O O O O O O O m m r l7 m M.00 N n O m O .... r N m O O N O O m t7 Q N N m m m m m O O t7 O O O m d N O O O O O O O O O O O O O m m O � m N 0 O O O O r O N O r t7 m N N O m m CD m m O m m O m m N t7 O m O O m m m n m m (7 O P m N m m m m n N d to P d m C l m N m Q r- m m Q m m t 7 � m m O m C f r N M- O m N t m m M P N N N N N N m P m t7 O O m O m m d n n O m O O' O m N m r O O 0.0 O O O O O O 0000 O O O O O m O O O O O O O m O O m O m O O O O n m N m P r m m m m O m O P m CJ m m O n O m m m N m O O m O •- m O O y O m N O O O O Ol n m O O n O m P O O O O O O m O N O O O O O O Q m m m m r 0m !7 m O m n m mm n m m N m mt7 n O 00 m m O n 00 Q O m n l7 P m O O d m a r P n n O n m m r N n D LL c m U H C O U � c C Q y li a �in0 oc LL o mm a oa me . _ d mvi (0 bl _c C C i5 U U y@ U m Ec L Om m L Z 0_ Q: C C 4 1] q C O C occ u�'Ocac0mi vwm"m' �'—'mya O�(7 �mTi3<c U Q€ S H O a V m 55 MIN LL LL_ F t ® o_ �Q$Qoo o E E mQ4m oDmQ•e KRO.U7UNQ5 fJUwUUQ�a as w w n.>NHUCmON>4C 9 53 11 E 2 . O m 0 U m a m LL m m N m c v E �o dj C ULL T_ E m LL O. r m E W E in a m ® O O O O O O O O O O N a N a m m m m 00000000000 0000000000 0 000 0 0 0 0 0000 O 000 000000 N a N a m m m m 0 0 0 0 0 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 9 LL C m N u m E w 0 r m iagg u�0Qm � C m u�LLaLLammx33 c o�.. m LL LL E m r U F n m N. I I I V @ L T 54 11 I] f/ A � LL 0 U i m U m 0 3 D Z o m D c LL z m C J Q i 55 ll C A f f 56 C A G p p O p O p p o o o o p O o p o p o O O p G p p G O p p p p p O p O p p p p p p p p p p O p p p p p p p p p p O p p p p p p p p p p p p p p p p p p p 0 0 0 0 0 0 0 0 0 0 o p o 0 0 0 0 0 0 a LL C E i @ E m W U a W @ O F O m E d E m m C m y Q E¢ n o E) 0 U m ¢ > m a S e K 2 E w Q m m v U c �• c a y c ypO m c o LL C o Z c m W Im- m o m a� m m m 57 ® City of Morro Bay Adopted Budget Fiscal Year 2004-2005 Summary Attachment B for City Council Resolution No. 54-04 FUND NAME REVENUES EXPENSES BALANCE General Fund 11,211,653 11,211,241 412 Equipment Replacement Fund 226,566 63,421 163,145 Emergency reserve Fund 0 0 0 CDBG Loan Repayment Fund 0 50,000 -50,000 Gas Tax Fund 220,000 220,000 0 Traffic Safety Fund 55,000 55,000 0 Parkin In -Lieu Fund 32,017 0 32,017 Transit Fund 484,173 484,173 0 Water Revenue Fund 4,070,300 4,593,481 -523,181 Wastewater Collection Fund 1,444,899 1,444,899 0 Harbor Fund 1,752,300 1,750,519 1,781 South T-Pier Fund 28,000 0 28,000 CC Slip Fund 14,200 0 14,200 Insurance Reserve Funds 0 723,887 -723,887 Mimosa Street AD 0 18,162 -18,162 Mimosa Street Supplemental AD 0 18,200 -18,200 North Point AD 5,645 5,645 0 Cloister AD 148,944 148,944 0 WWTP 1,374,016 1,374,016 0 Capital Improvement Project Fund 0 0 0 Water Capital Accum Fund 0 01 0 Wastewater Collection Accum Fund 0 0 0 Total For All Funds: 21,067,713 22,161,638 -1,093,925 11 ® RESOLUTION NO.53-04 AUTHORIZATION TO ENTER INTO A GRANT AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR $180,000 FOR DOCK MODIFICATION/CONSTRUCTION WORK FOR INSTALLATION OF AN ICE -MAKING MACHINE ON LEASE SITE 129W AND AUTHORIZATION FOR TRANSFER OF CAPITAL ACCOUNT FUNDS FROM THE NORTH T-PIER TRAFFIC IMPROVEMENT ACCOUNT TO THE ICE -MAKING MACHINE ACCOUNT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City is the lessor of certain property on the Morro Bay waterfront described as Lease Site 129W; and, WHEREAS, the City is working under a grant from the Central Coast Joint Cable/Fisheries Liaison Committee (Cable Committee) to purchase an ice -making machine for installation on Lease Site 129W; and, WHEREAS, engineers working on the project determined that structural repairs to the dock supporting the ice -making machine will be needed along with installation of ® new electric and water service to the site; and, WHEREAS, the Legislature has established the California State Coastal Conservancy under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement these provisions; and, WHEREAS, grants are awarded under eligibility guidelines adopted by the Conservancy; and, WHEREAS, procedures established by the Conservancy require the applicant to certify through a resolution approval of the application and listed assurances prior to submission of an application to the Conservancy for an award of grant funds; WHEREAS, the State Coastal Conservancy has the capability of funding $180,000 towards dock modification/construction of the site to accommodate the ice - making machine through a grant. NOW, THEREFORE, be it resolved by the City Council of the City of Morro Bay that the City Council hereby: Approves the filing of an application for funding by the Conservancy; and 2. Agrees to the attached List of Assurances; and ® Resolution No. 53-04 Page Two 3. Has or will have sufficient funds to operate and maintain the funded project; and 4. Agrees to provide any funds needed beyond the grant requested to complete the project funded under this program through the allocation of uncommitted funds; and 5. Authorizes the Harbor Director to act as a representative of the City of Morro Bay and to negotiate and execute all agreements necessary to comply with the Conservancy's grant requirements. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that in order to fund the remaining costs for engineering services for the ice -making machine project that the balance of funds (approximately $27,000) in the North Embarcadero Traffic Improvement capital account be transferred into the Ice -Making Machine capital account. 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 2004 by the following vote: ® AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None BltffGETTI:AUER, CITY CLERK CJ ® RESOLUTION NO.52-04 RESOLUTION APPROVING THE APPLICATION AND ASSURANCES FOR GRANT FUNDS FROM THE CALIFORNIA STATE COASTAL CONSERVANCY FOR THE WATERFRONT BOARDWALK PROJECT The City Council, City of Morro Bay, California WHEREAS, the Legislature has established the California State Coastal Conservancy under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement these provisions; and WHEREAS, grants are awarded under eligibility guidelines adopted by the Conservancy; and WHEREAS, procedures established by the Conservancy require the applicant to certify through a resolution approval of the application and listed assurances prior to submission of an application to the Conservancy for an award of grant funds; ® NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that 1. The filing of an application for funding by the Conservancy is hereby approved; and 2. The attached List of Assurances is herewith agreed to; and 3. The City has or will have sufficient funds to operate and maintain the Waterfront Boardwalk Project; and 4. The City agrees to provide any funds needed beyond the grant requested to complete the project(s) funded under this program through the allocation of uncommitted funds; and 5. The City Council hereby authorizes the following positions to act as a representative of the City and to negotiate and execute all agreements necessary to comply with the Conservancy's grant requirements: City Manager, Director of Public Services, Capital Projects Manager. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 28 h day of June 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ATTEST: WILLIAM YATES, Ma r BRIDGEiTBAUER, City Clerk E List of Assurances The applicant is applying for a grant of funds from the California State Coastal Conservancy with respect to a proposed project. The applicant hereby assures and certifies that it will comply with Conservancy regulations, policies, guidelines, and requirements as they relate to the acceptance and use of Conservancy funds for this project. The applicant further gives assurance and certifies with respect to the grant that: l . It possesses legal authority to apply for the grant, and to finance and construct any proposed facilities; that, where appropriate, a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant' s governing body, authorizing the filing of an application, and authorizing one or more persons as the official representative(s) of the applicant to act in connection with the application and to provide additional information that may be required. 2. It will have sufficient funds available to meet its own share of the cost for projects. Sufficient funds will be available when the project is completed to assure the effective, operation and maintenance of any facilities for the purposes constructed. 3. It holds or will hold sufficient title, interest, or rights in the property on which the project will occur to enable it to undertake lawful development and construction of the project. ® (Documentation may be requested by the Executive Officer of the Conservancy) 4. It will not dispose of or encumber its title, interest, or other rights in the site and facilities. except as permitted by the Conservancy. 5. It will give the Conservancy, through any authorized representative, access to and the, right to examine all records, books, papers, or documents related to the Conservancy's grant. 6. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the Conservancy that funds have been approved, and the project will be carried to completion with reasonable diligence. 7. It will, where appropriate, comply with the requirements of the State Government Code 7260 et seq., which provides for equitable treatment and relocation assistance for persons displaced by eminent domain. 8. It will, where appropriate, comply with the requirements of the California Environmental Quality Act. 9. It will comply with all requirements imposed by the Conservancy concerning special provisions of law, and program requirements. ® RESOLUTION NO.51-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON TUESDAY, NOVEMBER 2, 2004; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a regular general municipal election shall be held every two years for the election of two (2) members of the City Council of said City for the full term of four years, and for the election of one (1) Mayor of the City Council of said City for the full term of two years; and ® WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is desirable that said general municipal election be consolidated with the statewide general election to be held on November 2, 2004 and that within the City of Morro Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the general municipal election and that said statewide general election and general municipal election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: There is hereby called and ordered in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 2, 2004, a general municipal election of the qualified electors of the City, to be consolidated with the statewide general election, to vote for the election of two (2) members of the City Council for the full term of four years, and for the election of one (1) Mayor of the City Council for the full term of two years; and 2. Pursuant to the requirement of Section 10403 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to the consolidation of the general municipal election with the statewide general election to be held on Tuesday, November 2, 2004; and 11 E 11 E Resolution No. 51-04 Page Two 3. The County Clerk is hereby authorized to canvass the returns of said general municipal election to be consolidated with said statewide general election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and 4. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for holding of said consolidated election; and 5. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs attributed to Morro Bay's consolidation with the statewide general election; and 6. The City Council hereby determines if two or more persons running for the same City office receive an equal and highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot; and 7. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this Resolution with the San Luis Obispo County Board of Supervisors and the County Election Department of the County of San Luis Obispo; and 8. That the City Clerk of the City of Morro Bay shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of June 2004, on the following vote: AYES: NOES: ABSENT: ATTEST: Elliott, Peirce, Peters, Winholtz, Yates None None WILLIAM YATES(! o RESOLUTION NO.50-04 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DIRECTING 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, 2004the City Council did adopt Resolution No. 41-04 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, 2004 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 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, 2004 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 2004-05 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the Fiscal Year 2004-05 and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28th day of June 2004 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott. Yates ABSENT: None ® ATTEST: BRIDGE a « eti/ BAUER, CITY CLERK 11 i A 1 RESOLUTION NO.49-04 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DIRECTING 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, 2004 the City Council did adopt Resolution No. 40-04 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, 2004 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 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, 2004 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 Cloisters 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 2004- 05 is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the Fiscal Year 2004-05 and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28th day of June 2004 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ABSENT: None ATTEST: r C' 1 8 ! i• 9' CITY CLERK RESOLUTION NO.48-04 ® APPROVAL OF AMENDMENT #2 TO THE LEASE AGREEMENT FOR LEASE SITE 113W, LOCATED ADJACENT TO 1215 EMBARCADERO, EXTENDING THE TERM OF THE LEASE AGREEMENT FOR TWO YEARS 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 I I3 W; and, WHEREAS, Virg's Fish'n Inc. is the lessee of said property; and, WHEREAS, the lease agreement was amended in 2001 to extend the term through June, 30 2004; and, WHEREAS, the lessee has been working on plans for redevelopment of the docks located on this lease site as part of a major redevelopment of the area which will include adjacent lease sites and several lessees; and, WHEREAS, due to the complexity of planning for multiple properties, the leaseholder ® has requested an extension to the term of the lease to work through the concept plan phase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment #2 to the lease agreement for Lease Site 113 W, extending the term of the lease for two years. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14ei day of June 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None WILLIAM YATES, BRIDGETT UER, CITY CLERK ® RESOLUTION NO.47-04 APPROVAL OF SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 87-88/87W-88W, LOCATED AT 845 EMBARCADERO, BETWEEN VIOLET LEAGE AND PATRICK LYNCH AND MARCO LEPE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 87-88/87W-88W located at 833 Embarcadero; and, WHEREAS, Violet Leage is the lessee of said property; and, WHEREAS, Violet Leage has requested approval of a sublease agreement for the restaurant portion of Lease Site 87-88/87W-88W with Patrick Lynch and Marco Lepe; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the sublease agreement for the restaurant portion of Lease Site 87- 88/87W-88W between Violet Leage and Patrick Lynch and Marco Lepe is hereby approved. ® BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Consent to Sublease agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28'h day of June 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None C ® RESOLUTION NO.46-04 APPROVAL OF NEW ONE-YEAR LEASE AGREEMENT FOR LEASE SITE 133W, LOCATED AT 1235 EMBARCADERO, WITH GIOVANNI COMIN AND TONY DeGARIMORE, dba CENTRAL COAST SEAFOODS THE CITY COUNCIL City of Morro Bay, Catifornia WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 133W which is currently leased to a partnership of David Haworth and James Silva; and, WHEREAS, the existing lessees for Lease Site 133 W have requested that they be released from their lease obligations sue to illness of one of the partners; and, WHEREAS, Giovanni Comin and Tony DeGarimore had responded to the initial request for proposals for operation of this Lease Site in May, 2004 and were identified as the alternate by the review committee; and, WHEREAS, Mr. Comin and Mr. DeGarimore indicated they are still interested in operating the fish market on Lease Site 133S and it is in the best interest of the City to have an operational business on the site. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the attached mutual agreement to terminate the lease for Lease Site 133W and release of liability. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the one-year lease agreement for Lease Site 133W, located at 1235 Embarcadero, with Giovanni Comin and Tony DeGarimore is hereby approved and that the Mayor is hereby authorized to execute the lease agreement. 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 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None A UOCwTr. AT--- iJ RESOLUTION No. 43-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA OF ITS INTENTION TO SELL CITY -OWNED REAL PROPERTY LOCATED AT 220 ATASCADERO ROAD, MORRO BAY, CALIFORNIA THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City purchased real property located at 220 Atascadero Road, Morro Bay, California in March 2002 for $814,040.00; and WHEREAS, said property was purchased for a possible future site of a City Teen Center. Subsequently, the City has determined that the property at 231 Atascadero Road is better suited for a City Teen Center; and WHEREAS, pursuant to Government Code section 37350, the City wishes to sell the City - owned real property located at 220 Atascadero Road in Morro Bay, California, for the common benefit of its citizens. Now, THEREFORE, be it resolved that the City Council of the City of Morro Bay notices the citizens of the City of Morro Bay of its intention to sell City -owned real property located at 220 Atascadero Road in Morro Bay, California; and is BE IT FURTHER RESOLVED, that the.City shall hold a hearing on July 12, 2004 for any person who wishes to protest the sale of the City -owned property located at 220 Atascadero Road in Morro Bay, California; and BE IT FURTHER RESOLVED, that pursuant to Government Code section 37422, the City has posted proper notice and proper publication of this Resolution in the Telegram Tribune; and; BE IT FURTHER RESOLVED, that on July 12, 2004 at the regularly scheduled Council meeting, final action shall be taken on this matter. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14`h day of June, 2004 by the following vote: AYES: NOES: ABSENT: Elliott, Peirce, Peters, Winholtz, Yates None None ATTEST: BRIDGETT B ER, City Clerk ® RESOLUTION NO.42-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DIRECTING STAFF TO PROVIDE THE ANNUAL BUDGET DOCUMENTS A MINIMUM OF SEVEN DAYS BEFORE THE FIRST BUDGET HEARING THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has ultimate responsibility in the fiscal affairs of the City; and WHEREAS, the City Council and staff meet each May in Budget Hearings to scrutinize and ultimately approve the next year's budget; and WHEREAS, the City Council requires a reasonable time to absorb and study the budget documents. THEREFORE, BE IT RESOLVED by the City Council of the City of Morro ® Bay, California, that the City Council does hereby direct the City Manager to provide budget documents a minimum of seven days before the first budget hearing each May. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24t' day of May 2004 on the following vote: AYES: NOES: ABSENT: ATTEST: 111.4 1101 coo4, n U Elliott, Peirce, Peters, Winholtz, Yates None None ® RESOLUTION NO.41-04 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 Morro Bay form a maintenance assessment district to fund the maintenance of the North Point Natural Area; and WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and WHEREAS, pursuant to Section 22623 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 17, 2004, 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, 2004 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 17, 2004 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 2004-05. C RESOLUTION 41-04 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, 2004 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ABSENT: None ATTEST: C 2 Ao, WILLLAMYATES,"MAY RESOLUTION NO.40-04 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 17, 2004, 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 Constitution, 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, 2004 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 17, 2004, 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 2004/05. RESOLUTION 40-04 PAGE 2 ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 24th day of May, 2004 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ABSENT: None ATTEST: E 11 A oOr _ .i • 966I. 10,84 P ZZT 10i ;o Jat: zoo dtzaz;}aoa ;sopi '. T rMDZlTd Odd E ut-pptwuoja-pounw pia" n •aaedS uadp pue 31.ied sialslol3 }o aaaeualulew aql j03 400Z `0£ aunp gtnougl h00Z `l SrW woij paianaul aq of palaadxa ale slsoa leuoylppe :aloS 400Z 10£ pdV g2no-igl £OOZ `I Clnp wo-i; (sajae 6£) 00.996`91 IS aaedS uadp pue Ted saalslo13 ag13o aauuualulew ao} Ielo L 00-095`bZS saawas jo; lelol-qnS 00'0 S [Muaj luawdmbg 00'0 $ snedw Ieanlaruls ap!slnp 00'009 $ aoueansw 3131gaA 00'OOE $ aaueansw a8ewep,C]]ado]d 00'005`E $ ,]!pquq leiauaD 00'0 $ lesodsiQ 00'58ti $ aaueualuiew pue neda] luawdwba ap!slnp 00'h54`91$ 131eM 00'h[0`I $ Avaulaa[g 00'0 $ auogdalay 00'LE9l $ SOOIA13sleuoissajoidiaq]p 00'OL9 S IOJIU0D ]sad ® 00'0 $ luawdolanap leuolssa3wd saawaS 00•LSS`£ S sagddns toj lelol-qnS OO 0£ $ Sl0ol IIeuTS 00'EOL S sailddns Ouilwado •asiW 00'9 $ TloolS 8u111021 00'9ECI S sagddns aaueua]unuu spunolD 00,0 $ sagddns ialndwoD 00'bZ9 $ luawdmba,C]a3es/suuod!un 00'858 $ s]ueaugn [ `lip `[and sa�dns 00.6£8`88S saaluas lauuosiad lelol-qnS 00'61 Z`EZ$ s]gauag 00'OZI $ ,Ced awn-ued 00.0 S aw!uanp 00'005`59$ Aed aeln8a-g saal,uaS lauuoslad DOOZ `0£ IpdV gllnoagl slsoa alewlxoaddV 600Z/£OOZ SISOJ dV3A'IVOSId .LDRI.LSI(l IN21wSSdSSV 33AIVN:Il rvlw 9NIIH91'I G&TTV 9AIdV3SQAIV'I SUHISIO'ID b00Z Sew V ] I!q!gxg ® RESOLUTION NO.39-04 APPROVAL OF A SUBLEASE FOR A PORTION OF LEASE SITE 122-123/122W-123W & EXTENSION 122W-123W, LOCATED AT 1205 EMBARCADERO, BETWEEN GEORGE LEAGE AND TROY LEAGE FOR OPERATION OF THE LIL HUT TAKE OUT FOOD RESTAURANT 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 & Extension 122W-123W located at 1205 Embarcadero; and, WHEREAS, George Leage is the lessor of said property; and, WHEREAS, George Leage has requested approval of a sublease agreement for a portion of Lease Site 122-123/122W-123W & Extension 122W-123W with Troy Leage; and, WHEREAS, all the necessary documents, and a letter of intent from the proposed new sublessee, have been provided and the sublease application fee is paid. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the sublease between George Leage and Troy Leage for a portion of Lease Site 122-123/122W-123W & Extension 122W-123W is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Consent to Sublease agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24 day of May, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ARCFNT- Nnne Ll CJ RESOLUTION NO.38-04 APPROVAL OF ASSIGNMENT OF LEASE SITE 50-51/50W-51W, LOCATED AT 495 EMBARCADERO, FROM ASSOCIATED PACIFIC CONSTRUCTORS, INC. TO REG WHIBLEY 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 and, WHEREAS, Associated Pacific Constructors, Inc. is the lessor of said property; and, WHEREAS, Associated Pacific Constructors, Inc. has requested approval of assignment of the lease agreement for Lease Site 50-51/50W-51 W to Reg Whibley; and, WHEREAS, the lessor is in compliance with the terms of the lease agreement and has paid the assignment fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that assignment of the lease agreement for Lease Site 50-51/50W-51 W from Associated Pacific Constructors, Inc. to Reg Whibley is hereby approved and that the Mayor is hereby authorized to execute the assignment documents. BE IT FURTHER RESOLVED that this approval is contingent upon the receipt of the assignment and assumption documents and approval by the City Attorney of the assignment and assumption documents by June 25, 2004. PASSED AND ADOPTED bX the City Council of the City of Morro Bay at a regular meeting held thereof on the24 day of May 2004 by the following vote: AYES: Elliott, Peirce, Peters, Yates NOES: Winholtz ABSENT: None ® RESOLUTION NO. 37-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTION 1.3.9.3.5 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Council Policies and Procedures Manual for the City of Morro Bay is a combination of City Council actions, policies, references, and information regarding the City Council; and WHEREAS, to ensure that all Councilmembers are familiar with and understand the City of Morro Bay's philosophies and policies regarding serving on the City Council, the City of Morro Bay adopted Resolution 46-02 and its Council Policies and Procedures Manual on August 12, 2002; and WHEREAS, the City desires to amend Section 1.3.9.3.5 of the Council Policies and Procedures Manual, to make certain that interested parties are provided adequate ® notice on matters appealed to the California Coastal Commissions, as follows: The Mayor shall then recognize members of the public. No person may speak without first being recognized by the Mayor. Members of the City Council who wish to ask questions of the speakers or each other during the Public Hearing may do so. Members should be mindful that the purpose of the Public Hearing is to obtain testimony, and not to debate the merits of the item under consideration. Members should avoid debate and expressions of personal opinion until after the close of the public testimony portion of the Public Hearing. The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons. Comments from the public shall be limited to three (3) minutes per speaker for Public Hearings, unless the City Council affirmatively decides otherwise. For Public Hearings that have the potential to be appealed to the California Coastal Commission. members of the public who desire to receive notice of any further proceedings shall write their name and address on the interested parties list at the back of the room. I� U ® Resolution No. 37-04 Page Two NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby amend Sections 1.3.9.3.5 of the Council Policies and Procedures Manual to reflect the above amendments. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 24th day of June 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None WILLIAM YATES. ATTEST: ® BRIDGETT %kUER, CITY CLERK 11 ® RESOLUTION NO.36-04 A RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE INTERIM YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN INCREASE TO SOLID WASTE COLLECTION RATES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted Resolution 48-01 approving the Garbage, Recycling and Greenwaste Franchise Agreement with Morro Bay Garbage Service (MBGS) for collection services effective January 1, 2002 and setting the initial rates for collection for residential and commercial customers; and WHEREAS, pursuant to Article 8.4, the City will use the guidelines and approach outlined in the City of San Luis Obispo's "Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates"; and WHEREAS, also pursuant to Article 8.4, adjustments for cost of living increases to the collection rates are to be made at the end of the first and second year, and at the end of the third year a comprehensive rate study is to be conducted; and WHEREAS, on March 15, 2004, MBGS Controller Tom Martin submitted an interim rate adjustment application in conformance with the franchise agreement and rate setting manual requesting a 5.93% increase to solid waste collection rates. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay the approval of Morro Bay Garbage Service's Interim Year Rate Adjustment Application to increase the solid waste collection rates by 5.93% as outlined in Exhibit A. BE IT FURTHER RESOLVED, by the City Council of the City of Morro Bay the increased solid waste collection rates will become effective July 1, 2004. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of May 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ' &-IAL-msi�. BRIDGETfOAUER, 0 11 CITY OF MORRO BAY Etd11blt A 5.93% AVERAGE ACROSS THE BOARD INCREASE -COMMERCIAL FOR INTEGRATED SOLID WASTE ACTIVITIES EFFECTIVE 7-1-2004 COMMERCIAL WASTE WHEELERS (PER MONTH) size Of WW COLLECTIONS PER WEEK 1 2 3 4 5 6 7 32 GALLON $24.57 1 $47.95 72 $77.50 100.89 $I2A28 $148.12 54 CALLON $35.65 $62.72 $91A4 123.04 153.81 *179.67 $211.60 95 GALLON $47.951 W.54 I $123.G41 $153.651 $IUB.361 424398 1 52D4.01 Addltlonal charge Per can per co0eclbn: COMMERCIAL DUMPSTER CONTAINERS R MO She Of mdainer COLLECTIONS PER WEEK wbic 1 2 3 4 5 6 7 1 .501 $93.741312090 5151.59 $17498 S21895 .42 1.5 $14.03 $122.05 318391 $208.22 $250.07 1 sm.08 7.28 2 W8.81 155T7 .83 -W 1 $383-001 35W.05 3 $114.67 -m 15 $371.92 1A8 1 $555.331 $750.22 4 $151.591 52BZ07 1A2 I $523.34 I 5855.04 1 $741201 3983.93 The rates shown above include the monthly antWner rental fee and ere the same for bins and gar ds. when volume is IdenScal. UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS Ism 1 ud,Fc ymd (mirimum charge) SM.39 1.5 cublc yards $31.19 2 cLd* yards $48.78 3 arbic yards .38 4 wbk yards Proposod Rd* Scbo& a for Imegrebd Sold Waste Servlas efTecUhm 7-1-2004 ENddbit A CITY OF MORRo aAY SINGLE FAMILY and MULTWIRf RESIDENTIAL (4 units or less) VOLUME43ASED RATES MINI -CAN SERVICE 57.14 per month for one 19 gallon wastewhwler container oofiecmd Once each week ECONOMY RATE 511 PO per month for one 32 gallon write Aaeler container collected once each week STANDARD RATE 523.80 per month for one 64 gallon Wastewlreeler cordatrrer collected once each week per month for one 96 gallon wastewheeler container conected once each week SERVICE AWAY FROM THE STREET CURB 58.48 per month in addition to alma service krel for each service requested (garbage,recycli g, greern este) EXTRA CHARGES $5.94 1 EXTRA GARBAGE admowr dhege per M eaem can are4drafaa wfwe w mY w (mmruo 1 on) $5.94 OVERFILLED WASTE WHEELER tm MUFr BE FtAT 52M I EXTRA RECYCLING ed bwidwpepweag*lbn cosh eTwtiv¢weme permmotnlrttntruntraa 52.98 EXTRA GREENWASTE eemtawohe- per w oafm con a e%"" w per tc nartrhunla) 521.82 SWITCH WASTE WHEELER SOBS MORE THAN ONCE PER 12 MONTHS ® 537.84 per whim good. much, or Nd&e-bed (once a month) 570.82 I per mattress; bolsprig, or snag chair. TV, mlaowave Ropssed Ram Sdwdulo for mtaDffiW SOgd Waste Senrl es eHecit" 7-I=W C� �l E Exhibit A CITY OF MORRO SAY RATE SCHEDULE FOR COMMERCIAL RECYCLING ACTIVITIES IF YOU RECYCLE TWO CUBIC YARDS OR LESS (ABOUT THE SAME AS TWELVE 33 GALLON TRASH CANS) ONE TIME PER WEEK THERE IS NO CHARGE FOR THE RECYCLING COLLECTION. EVERY COMMERCIAL CUSTOMER IS ENTITLED TO RECEIVE A 98 GALLON BLUE WASTE WHEELER FOR RECYCLING. A 98 GALLON WASTE WHEELER IS 12 OF A YARD. IF YOU WANT ADDITIONAL CONTAINERS FOR RECYCLING THERE IS A CHARGE IF YOU WANT MORE THAN ONE TIME PER WEEK SERVICE, YOU CAN FIND THE CHARGE BY LOOKING AT THE TABLE BELOW. IF YOU HAVE THREE CUBIC YARDS PICKED UP TWICE PER WEEK THE CHARGE IS $49.14. THE TWO FREE YARDS ARE BUILT INTO THE TABLE, DO NOT SUBTRACT THEM FROM YOUR THREE CUBIC YARDS. IF YOU HAVE ANY QUESTIONS ABOUT WHAT YOUR CHARGES SHOULD BE CALL THE OFFICE COMMINGLED RECYCLING d CARDBOARD COLLECTION COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) Size Of container COLLECTIONS PER WEEK cubic 1 2 3 4 5 8 7 1 1.5 INCLUDED* $23.44 $3020 i $37.901 $43.751 $54.51 $82.33 INCLUDED* $30.5j $40.97 $52.05 3OZ52 $74.52 $10932 2 INCLUDED• $38.81 $52.05 1 $88.21 1 $80.98 W5.751 $137.51 3 U5.1513 3u. $T328 $9229 12037 $13833 1 $18758 _ 4 $37.901 $7052 $97.90 1 6130m 1 $153.T7 $185.30 40.98 1118 rate stnown above raceme the montlVy contaaw rer= fee and ere the same for bem and garwoods, when volume Is identical TThm is a $5.40 per month rental fee a you went a bkm steel bin The $5.40 fee is waived once ng begin paying for the pickup service. WHITE OFFICE PAPER COLLECTION White office paper can be wmff&Q d wth oOw mgclbV in yoke blue waste wheeler. In office collection of w itdcobred paper Is avaimW at per has STYROFOAM COLLECTION Sryhofoam is no low collected for recycling. it should be th o n away as trash. Proposed Rate Schsdub for intag Iad Solid Wale Swvim affeethe 7.1.2004 C 1 E RESOLUTION NO. 35-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE CITY TO EXCHANGE DATA WITH THE FRANCHISE TAX BOARD PURSUANT TO AB 63 CONTRACTUAL AGREEMENT THE CITY COUNCIL City Of Morro Bay, California WHEREAS, pursuant to Ordinance No. 1 (1964), the City of Morro Bay entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of Morro Bay deems it desirable and necessary for authorized representatives of the City to examine confidential tax records of the State Franchise Tax Board pertaining to compliance with the City's sales and use taxes collection, pursuant to that contract; and WHEREAS, Section AB 63 sets forth certain requirements and conditions for the non- disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the tax records of the Board; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1) The Finance Director is authorized by the City Council to execute an AB 63 Data Exchange agreement with the State Franchise Tax Board. 2) Access to this information will be limited to City personnel assigned to identify existing businesses in the City of Mono Bay that do not presently have Business Licenses. No other use of that data is permitted under law. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Mono Bay, on the 24t° day of May, 2002, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None None ABSENT: Ll RESOLUTION NO. 34-04 RESOLUTION IDENTIFYING PRIVATE ENCROACHMENT PERMITTING WITHIN THE CITY'S RIGHT-OF-WAY EASEMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, it is in the public's interest to maintain viable use of its rights -of -way for the transportation of people, goods, services and utilities; and. WHEREAS, it is further in the public's interest to utilize available right-of-way to develop roadways consistent with adopted Circulation Element of the General Plan to maintain" reasonable parking and pedestrian access in the form of ADA compliant sidewalks in the commercial, high -density residential, and central business districts of the City; and WHEREAS, it is also in the public's interest due to the currently narrow paved streets and other field conditions to utilize available right-of-way to maintain reasonable on -street and off-street parking in the City's residential (R1 and R2 zones) areas, and WHEREAS, it is in the public's interest to facilitate pedestrians walking adjacent to the ® street travel ways by utilizing available right-of-way to maintain a reasonable off-street clear area for pedestrian commonly referred to as a "community path" in our residential (R1 and R2 zones) areas. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the City will continue to keep the public informed of its intended uses of the public right of way easements so as to minimize conflicts and improper private use; and BE IT FURTHER RESOLVED the City will ensure that all new submitted residential (R] and R2 zones) development or remodel plans are reviewed and conditioned properly to maintain off-street parking and a "community path" where reasonable and where enough City right-of-way exists; and BE IT FURTHER RESOLVED the City_ Code Enforcement will continue to ensure that private property owner's improvements do not hinder, damage, or create a hazard within the City's easements; and BE IT FURTHER RESOLVED the City Code Enforcement will continue to ensure that residential private property owner improvements do not encroach unreasonably on any City identified uses such as off-street parking and community paths where enough right-of-way easements are available. E E 2 Resolution No. 34-04 Page Two PASSED AND ADOPTED, by the Morro Bay City Council at a regular meeting thereof held on the 10`h day of May 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None WILLIAM YATE 7 YOfb ATTEST: BRIDGET-OAUER, ® RESOLUTION NO.33-04 RESOLUTION ESTABLISHING CAPITAL IMPROVEMENT PROJECT MANAGEMENT POLICY THE CITY COUNCIL, City of Morro Bay, California WHEREAS, it is in the best interests of public welfare that City capital improvement projects be completed on time, within budget and with increased accountability; and WHEREAS. it is reasonable and prudent to expect that before a project is proposed to the City Council it has been considered from an adequate range of perspectives to help assure the proposal's requested budget and proposed schedule reflects the level of effort and expenditures that can be reasonably expected to be necessary; and WHEREAS. it is further reasonable and prudent to expect the continued monitoring of such projects through the various stages of their development to minimize the risk of avoidable delays, contract claims and budget overruns, and to report significant events to the City Council should they occur; and WHEREAS, an appropriate and consistent methodology in the approach to project development, including scoping, cost estimation, permit acquisition, bidding and contract ® management and inspection serves to meet these ends; and WHEREAS, most of the training and experience of City staff to develop, permit and complete capital improvements projects exists in staff of the Public Services Department; and WHEREAS, in recognition of this fact, the City Council has directed that all capital projects be conducted within the purview of the Public Services Department; and WHEREAS, due to staffing constraints, all capital improvement projects for the City of Morro Bay cannot feasibly be performed by one existing department, therefore individual departments must continue to perform many "front line" services for their respective projects; and WHEREAS, many of the problems encountered in previous projects can be attributed to not utilizing staff versed in the procedures of environmental and discretionary permitting, preparation of plans, specifications and cost estimates, claims avoidance and project inspection and management; and WHEREAS, it is therefore necessary and appropriate that all departments that will administer projects use a consistent methodology and access the project development skills available from City staff knowledgeable in the various aspects of modern capital project management, such as environmental analysis, engineering, construction and administration. C� ® Resolution No. 33-04 Page Two IJ NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that for these purposes a City capital improvements project is defined as any improvement project having an estimated total cost of $25,000 or more; and BE IT FURTHER RESOLVED, that the Director of Public Services, through the Capital Projects Manager is responsible and accountable for City capital improvements projects; and BE IT FURTHER RESOLVED, that the Director of Public Services through the Capital Projects Manager is hereby authorized and directed to convene staff level consultations to assure that City staff members, trained and experienced in the various facets of improvement projects, are directly involved in all capital improvement projects applicable to their training and experience from inception to completion; and BE IT FURTHER RESOLVED, the Director of Public Services through the Capital Projects Manager shall assure that significant project delays, budget overruns and similar occurrences shall be promptly reported to the City Council. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 26's day of April, 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz. Yates NOES: None ABSENT: None ATTEST: rk ® I of 2 RESOLUTION NO. 32-04 A RESOLUTION CELEBRATING THE TROLLEY'S ® TENTH ANNIVERSARY OF OPERATION i THE CITY COUNCI,. City of Morro Bay, California. f i WHEREAS, in 1994 the City Council desired to proyidj during summer months a fixed route public transportation system linking the Embarcadero wateffront and downtown Mono Bay; and WHEREAS, the Council established a trial trolley program to provide said transportation service in May 1994; and k WHEREAS, the success of the trial trolley program ultimately led to the City adopting the trolley service as a permanent City transit program in Mary 1997; and WHEREAS, during the 2000 trolley season, the trolley expanded service adding a second route to link the State Parks in the north and south ends of town and the North Main business district with the downtown, waterfront and beach areas served by the original route; and WHEREAS, the 2004 season will mark the beginning of the trolley's 10`" anniversary providing transportation service to the citizens and visitors of Mono Bay; and WHEREAS, in commemoration of the trolley's 10 years of service, riders, while supplies last, will be treated to a special gift. NOW, THEREFORE, BE IT RESOLVED that the Mono Bay City Council approves the 2004 trolley season celebration of its 10 years of service that has provided citizens and visitors of Mono Bay an alternate means of transportation to the Rock, Tidelands Park, Natural History Museum, the beach, the State Parks in the north and south ends of the community, and the business districts in the downtown, waterfront and along North Main Street. BE IT FURTHER RESOLVED that the Mono Bay City Council encourages citizens to celebrate the trolley's 10`h anniversary and come on board when the season starts May 1. PASSED AND ADOPTED by the Mono Bay City Council at a regular meeting thereof held on the 26's day of April 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Elliott, Peirce, Peters, Winholtz, Yates ATTEST: JAA41E BOUCHER, Deputy City Clerk ® RESOLUTION NO.31-04 APPROVAL OF AGREEMENT WITH CENTRAL COAST JOINT FISHERIES/CABLE LIAISON COMMITTEE FOR A $400,000 GRANT TO PURCHASE AN ICE MAKING MACHINE THE CITY COUNCIL City of Morro Bay, California WHEREAS, traditional block ice supplies for commercial fishing vessels in Morro Bay are not secured into the future; and, WHEREAS, a supply of ice for fishing boats is critical to continued commercial fishing landings in Morro Bay harbor; and, WHEREAS, other public ports such as Santa Cruz, Port San Luis and Santa Barbara have recognized the need to provide this service by installing public owned ice making machines in their harbors; and, WHEREAS, the Central Coast Joint Fisheries/Cable Liaison Committee (hereinafter "Committee") has approved a $400,000 grant to the City to purchase a North Star ice making machine installed by TRJ Refrigeration as outlined in the attached contract No. 911 B; and, ® WHEREAS, the City has determined that the ice making machine will be located on City Lease Site 129W and is currently investigated necessary modifications to the dock at 129W, which modifications have an estimated cost of S90,000 at this time; and, WHEREAS, the City has initiated a grant proposal to the California Coastal Conservancy to fund the estimated $90,000 in dock modifications to install the ice making machine. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Manager and Harbor Director are authorized to execute the attached memorandum of understanding and conditions of grant funding from the Committee dated 4/14/04; and, BE IT FURTHER RESOLVED, that City Staff is directed to continue engineering work and execute dock modification suitable for the ice making machine provided City receives a grant from the Coastal Conservancy sufficient to fund those modifications, and that should the modification exceed available grant funds or the City not receive the grant, then Staff is directed to report back to the City Council for further direction prior to finalizing TRJ contract No. 911 B for purchase of the machine; and, BE IT FURTHER RESOLVED, that under the terms above, City Council does acknowledge that the Committee has supplied the grant funds for a specific type of machine and installation only available from TRJ Refrigeration, Inc., and that the City ® Council hereby authorizes a sole source purchase using the grant funds from the Committee. 11 Staff Report — Ice Making Machine Grant April 26, 2004 Page 5 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 261h day of April, 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: ABSENT: BRIDGETT BAUER, CITY CLERK ® RESOLUTION NO.30-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO AUTHORIZE AND APPROVE SELF-INSURANCE OF WORKERS' COMPENSATION FOR EMPLOYEES THROUGH THE SELF-INSURANCE AND LOSS POOLING PROGRAM OF CALIFORNIA JOINT POWERS INSURANCE AUTHORITY THE CITY COUNCIL City of Morro Bay, California THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, HEREBY DOES FIND AND RESOLVE AS FOLLOWS: WHEREAS, pursuant to the provisions of Section 6500 et seq. and also Section 990.4 and 990.8 of the California Government Code, the California Joint Powers Insurance Authority was created in 1977; and WHEREAS, the City of Morro Bay has become a member of the California Joint Powers Insurance Authority, and also of its General Liability Program; and ® WHEREAS, California Joint Powers Insurance Authority has established and administered a successful Workers' Compensation Self-insurance and Loss Pooling Program for its members since January 1, 1980; and WHEREAS, there are significant financial and administrative advantages for the City of Morro Bay to provide workers compensation coverage for its employees through the said Self-insurance and Loss Pooling Program of California Joint Powers Insurance Authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY RESOLVE, ORDER AND DETERMINE THE FOLLOWING: Section 1. Workers' compensation coverage for employees of the City of Morro Bay through the Workers' Compensation Self-insurance and Loss Pooling Program of California Joint Powers Insurance Authority is hereby authorized and directed effective July 1, 2004. Section 2. That an Initial Annual Workers' Compensation Deposit of $348,760, or such pro-rata part thereof as the Authority might determine for coverage of less than a fiscal period, is approved and the appropriate officers of the City are is authorized to pay the same to the California JPIA. ® Section 3. That a Loss Retention level of $50,000 per occurrence is approved for all employees. Section 4. That the Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution, and thereupon the same shall take effect and be in force. Section 5. That the City Clerk is directed to forward a certified copy of this Resolution to California Joint Powers Insurance Authority, 8081 Moody Street, La Palma, California 90623. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26 ° day of April 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: ABSENT: ® WILLIAM YATES 2 Mayor �Qilfld.,v �ull�,UiU-W Jamie Boucher Deputy City Clerk I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of Resolution No. 30-04 as adopted by the City Council of the City of Morro Bay on the 26 h day of April, 2004. is Insumcelns adn✓cjpia workers comp ms.doc ® RESOLUTION NO.29-04 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 F1-F7); 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.) r,) ® Resolution No. 29-04 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 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. I 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, 2004 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26`s day of April; 2004 by the following roll call vote: AYES: Peirce, Peters, Winholtz NOES: Elliott, Yates ® ABSENT: Lda_ / WILLIAM YATES MAYOR ATTEST: JAMIE BOUCHER DEPUTY CITY CLERK ® RESOLUTION NO. 28-04 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 bome 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 Tares 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.) tI ® Resolution No. 28-04 Page 2 1. 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. 2. 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. I An Engineer's Report will be prepared for consideration at the May 24, 2004 City Council meeting. 4. 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`s day of April, 2004 by the following roll call vote: ® AYES: NOES: ABSENT: Peirce, Peters, Winholtz Elliott, Yates UaL ILLIAM YATE,S MAYOR U ATTEST: J"HE BOUCHER DEPUTY CITY CLERK W.icwmnY,a'AW RESOLUTION NO. 27- 04 ® A RESOLUTION OF THE CITY OF MORRO BAY APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND DEL MAR PARK TENNIS COURT PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Applications and the availability of eligible Matching funds prior to submission of said Applications to the State; and WHEREAS, the proposed Del Mar Park Tennis Court Project is consistent with the Statewide Comprehensive Recreation Resources Plan California Outdoor Recreation Plan ® — 2002, and WHEREAS, the Project must be compatible with the land use plans of those jurisdictions immediately surrounding Project; NOW, THEREFORE, BE IS RESOLVED that the City Council of the City of Morro Bay hereby: 1. Approves the filing of an Application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency has Matching funds from the following source(s): General Fund Monies and can finance 100 percent of the Project, half of which will be reimbursed; and 3. Certifies that the Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project; and 4. Appoints the Recreation and Parks Director as agent of the Applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, Applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project. Resolution 27-04 ® Page 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26th day of April, 2004 by the following roll call vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: ABSENT: WILLIAM YATES, MAYOIV ATTEST: L,-, " &"ham JAMIE BOUCHER, DEPUTY CITY CLERK ufwl O ncd.res27-04 RESOLUTION NO. 26-04 ® APPROVAL OF ASSIGNMENT OF INTEREST IN LEASE SITE 110W-112W, LOCATED AT 1185 EMBARCADERO, FROM CHARLES OGLE TO GEORGE LEAGE AND APPROVAL OF A 5-YEAR LEASE EXTENSION FOR LEASE SITE 110W-112W AND A PORTION OF 111.5W THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City is the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 11 OW-112W and a portion of 111.5W; and, WHEREAS, the Great American Fish Company, a California General Partnership, held by Charles Ogle and George Leage is the lessee of said property; and, WHEREAS, Mr. Leage is in the process of purchasing Mr. Ogle's interest in the leasehold and both parties have requested approval of assignment of Mr. Ogle's leasehold interest to Mr. Leage as set out in the attached assignment and assumption document; and, WHEREAS, the tenants have requested a five-year extension of the lease agreement in order to finalize long-term lease site improvement plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Charles Ogle's interest in the lease agreement for Lease Sites 110W-112W and a portion of 111.5W is hereby assigned to George Leage; and, ® BE IT FURTHER RESOLVED, that when the lease assignment is finalized, the lease agreement for Lease Sites 110W-112W is extended by five years pursuant to the attached lease amendment. u BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the assignment and assumption document and that approval of this assignment is conditional upon approval of the assignment and assumption document by the City Attorney and upon close of escrow and receipt of associated documents by June 1, 2004. BE IT FURTHER RESOLVED, that upon approval of all assignment and assumption documents and upon notification of close of escrow on the title assignment, the Mayor is hereby authorized to execute the lease amendment authorizing a five-year lease extension. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12`" day of April, 2004 by the following vote: AYES: Elliott, Peirce, Peters, Yates NOES: Winholtz ABSENT: None DEPUTY CITY CLERK . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Rick Algert Harbor Department, 1275 Embarcadero Morro Bay, CA.93442 ORIGINAL ASSIGNMENT OF LEASEHOLD INTEREST .George W. Leage ("LEAGE") and Charles E. Ogle ("OGLE") are partners in a California general partnership named GREAT AMERICAN FISH COMPANY ("GAFCO") under a partnership agreement dated September 1, 1982, as amended periodically - most recently on May 22, 1998. LEAGE and OGLE's interests are more particularly described as follows: Partner Percent Share Held As ® George W. Leage 66-2/3o Separate Property Charles E. Ogle 33-1/3% Separate Property The City of Morro Bay ("CITY"), as lessor of that certain leasehold interest pertaining to 1185 Embarcadero in Morro Bay, California, entered into a lease agreement with Brebes Morro Bay Fisheries, Inc. which was recorded on December 30, 1975 as Document No. 43667 in Volume 1871 on Page 30, et seq., hereafter referred to as the "Lease." Said Lease has been amended from time to time through the years, most recently on October 26, 1992 by written amendment and CITY Resolution No. 131-92, in part identifying the Great American Fish Company, a California Partnership owned by George W. Leage and Charles E. Ogle (hereafter "the Partnership"), as.lessee of said Lease. LEAGE and OGLE are parties to a written agreement dated February 26, 2004 in which the Partnership is dissolved and OGLE assigns his 33-1/3 interest in the Partnership to LEAGE, who shall henceforth hold such interest as his sole -and separate property and, also, who shall hold.the above -described leasehold interest and continue to operate the Great American Fish Company restaurant business ("GAFCO") as a sole proprietor. This assignment shall become effective upon close of First American ® Title Escrow Number 4009-1348371 scheduled on or before April 15, 2004. Upon close of said escrow, the CITY acknowledges and accepts the dissolution of the partnership and the continuation of GAFCO by LEAGE as a sole proprietor. Further, the City releases OGLE from any and all obligations under said Lease. Dated this 8th day of AAril , 2004 in the County of San Luis Obispo', State of California. THE GREAT AMERICAN FIS COMPANY ✓%// W. LEAGE NZ STATE OF CALIFORNIA ) )ss. COUNTY OF SAN LUIS OBISPO ) On _1aPJi1 2004, before me, C�a✓,CS- 6. i'CJsrc�� V-je/" , personally appeared GEORGE W. -LEAGE, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. - (1 CHARLES G. KIRSCHNERI, C_�LX ✓�1 U COMM. #1350845 (� NOTARY PUBLIC-CALIFORNIA 0 {- SAN LUIS OBISPO COUNTY 0 My Comm. Expires May 9, 200 STATE OF CALIFORNIA ---1 )SS. COUNTY OF SAN LUIS OBISPO ) - On v 1 0 , 2004, before me, G. Yyr c)vJ\ r personally ap eared CHARLES E. OGLE, personally known to me (or proved to me on the basis of satisfactory evidence) to.bethe person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. ' WITNESS my hand and official seal. CHARLES G.KIRSCH-1 NE r K U - COMM. #1350845 U NOTARY PUBLIC - CALIFORNIA n SAN LUIS OBISPO COUNTY n My Comm. Expires MayR 2006 -� AMENDMENT TO LEASE AGREEMENT FOR LEASE SITE 11OW-112W This amendment is made and entered into as of this 126 day of A pri 2004 by and between the City of Morro Bay, a municipal corporation of the state of California (hereinafter "City") and George Leage, dba Great American Fish Company, (hereinafter "Tenant") to amend that certain lease agreement for Lease Site 11OW-112W (hereinafter Lease) between City and Tenant dated December 30, 1975. Whereas, the Lease was assigned to George Leage and Tenant is in the process of refinancing and is also in the process of attempting to settle pending civil litigation regarding access; and, Whereas, Tenant has been considering plans for long-term improvements on the Lease Site; and; Whereas, the existing Lease terminates on December 31;2009 and, Whereas Tenant is requesting a short-term 5 year extension to the lease agreement in order to facilitate refinancing on the property and to insure the civil litigation is settled prior to making any site plans for long term improvements on the Lease; and, Whereas, City and Tenant have agreed to an amendment of the lease agreement in order to facilitate the legal transfer of title on the Lease and to conclude the pending civil litigation. NOW THEREFORE, City and Tenant mutually agree to amend said Lease as follows: ®Paragraph 2 TERM: Shall be amended to extend the term of the lease an additional 5 '% years, with a new termination date of the lease June 30, 2015. The following Paragraph 43 is added to the Lease Agreement: Paragraph 43: Approval of Long -Term Improvement Plan and Potential Negotiation of New Long -Term Lease: Failure to provide a long-term improvement plan, acceptable to City as an approved Concept Plan, by June 30, 2008 will be considered a violation of the lease agreement and will result notice of default. Pursuant to the City's Lease Management Policy adopted in October 2001, Tenant understands that any negotiation for a new long-term lease must be predicated on Tenant receiving Planning Commission and/or City Council approval of a Concept Plan for a Conditional Use Permit to redevelop the site. The appropriate term for any proposed long-term lease will be determined .by the size of the lease site and the level of private investment proposed for the public property All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY E HyanaUNWe7M. r_ Vsrr_ Page I oft Amendment #4: Lease Site IIOW-112IV Page 2 Robert Hendrix, City Manager ATTEST: DV +-t� COClerk' (>, 11 r Page 2 af2 ® RESOLUTION NO.25-04 APPROVAL OF A ONE-YEAR LEASE AGREEMENT WITH DAVID HAWORTH AND JAMES SILVA FOR LEASE SITE 133W, LOCATED AT 1251 EMBARCADERO 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 133W; and, WHEREAS, the lease agreement for this lease site and the adjoining sites to the south of Lease Site 133W were terminated by City Council action of March 8, 2004 and the equipment on the site was purchased by the City under an agreement authorized by the City Council at that time; and, WHEREAS, the City Council authorized staff at the March 8, 2004 meeting to find a suitable tenant for the Lease Sites; and, WHEREAS, the City issued a request for proposals and received three qualified proposals, a review panel interviews all three qualified respondents and selected David Haworth and James Silva as the preferred tenant; and, ® WHEREAS, the David Haworth and James Silva have agreed to a one-year lease agreement for operation of Lease Site 133W. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the one-year lease agreement with David Haworth and James Silva for Lease Site 133W. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12'h day of April 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None WILLIAM YATES, MA JA E BOUCHER, CITY CLERK 11 Cl ® RESOLUTION NO.24-04 APPROVAL OF A ONE-YEAR LEASE AGREEMENT WITH THE MORRO BAY COMMERCIAL FISHERMAN'S ORGANIZATION FOR LEASE SITE 130W-132W, LOCATED AT 1231 EMBARCADERO 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 130W-132W; and, WHEREAS, the lease agreement for this lease site and the adjoining sites to the north and south of Lease Site 130W-132W were terminated by City Council action of March 8, 2004 and the equipment on the site was purchased by the City under an agreement authorized by the City Council at that time; and, WHEREAS, the City Council authorized staff at the March 8, 2004 meeting to find a suitable tenant for the Lease Sites and to consider leasing the dock/unloading area to the Morro Bay Commercial Fisherman's Organization (MBCFO); and, WHEREAS, the City and the MBCFO have agreed to a one-year lease agreement for operation of Lease Site 130W-132W. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the one-year lease agreement with the MBCFO for Lease Site 130W-132W. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12'" day of April 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None JAMIE BOUCHER, CITY CLERK 11 11 ® LEASE AGREEMENT This Lease Agreement ("Lease") is made as of this _ day of , 2004 by and between the CITY OF MORRO BAY ("City") and MORRO BAY COMMERCIAL FISHERMAN'S ORGANIZATION Inc. (MBCFO), dba Morro Bay Fishermen's Wharf, a California non-profit corporation ("Tenant"). WHEREAS, the Tenant currently operates the Commercial Fishermen's Gear Storage Area for the benefit of the local commercial fishing industry and the City; and, WHEREAS, on March 8, 2004 the City agreed to terminate the previous lease for Lease Sites 129W —133W and to purchase the equipment listed in Exhibit B hereof, and; WHEREAS. the Central Coast Fisheries/Cable Liaison Committee desires to grant the City monies to install an ice making machine on Lease Site 129W; and, WHEREAS, Tenant desires to lease the fish buying dock owned by the City known as Lease Sites I30W-132W and the equipment described in Exhibit B and to operate the ice making machine to be installed on Lease Site 129W for the benefit of the local fishing industry and the City. NOW THEREFORE, the City agrees to lease to the Tenant the property described as Lease Site ® 130W-132W for good, adequate, and valuable conditions, and the sum of $1.00, receipt of which is hereby acknowledged and the mutual promises herein: 1. LEASED AREA, CONDITION OF SITE The Leased area, hereinafter called "Site". shall be that portion of Lease Site 130W-132W shown . on the attached Site Map labeled "Exhibit A" and incorporated herein by reference. 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. Tenant shall also lease from the City the equipment listed in Exhibit B hereof. Said equipment shall at all times remain the property of City. Tenant may store fish totes and bins offsite with prior written approval of City. 2. MAINTENANCE, REPAIR AND MANAGEMENT OF THE SITE Tenant agrees to repair and maintain the Site in good, usable and safe condition at all times. Tenant maintenance responsibilities shall include all building improvements constructed on the Site and the equipment listed on Exhibit B to a standard at least as good as that on the commencement date of this Lease. Tenant acknowledges that safety and maintenance of the Site are a critical concern to City and property owner and agrees to cooperate with City and property owner in conducting inspections of the Site at any reasonable time set by City or property owner and to promptly and fully comply with City's or property owner's requests for any repair or maintenance which may result ® from said inspections. The Tenant shall designate one or two persons to coordinate the on -site management, maintenance, and operation responsibilities under this Lease. The Tenant shall submit the designated person's or persons' name(s) and qualifications to the City. The Tenant shall notify the City of any change in the person or persons designated under this provision. The Tenant's designee shall actively operate and manage the Site by performing any duties which are required to operate, maintain and manage the Site in good order and condition and to avoid unfavorable impact upon the environment, ecology and aesthetics of the surrounding neighborhood. 3. TERM The term of this Lease ("Lease Term") shall commence on April 1, 2004 and terminate on March 31, 2005 ("Termination Date"). This lease may be terminated at any time by City or Tenant upon sixty (60) days prior written notice. 4.. ICE MAKING MACHINE TO BE INSTALLED BY CITY ON LEASE SITE 129W AND OPERATED BY TENANT City and the Central Coast Joint Cable Fisherman Liaison Committee (hereinafter "Committee") are working on installation of an ice -making machine on Lease Site 129W, which is not within the lease premises of this Lease. Tenant agrees that operation of the ice machine shall comply with the terms of the grant to purchase and install the ice machine from the Committee to the City. Should this ice making machine installation be completed, Tenant shall operate and maintain the machine for the City including blow ice to customers, collect fees, pay all utilities related to the machine (after City has had the utility services installed) and pay for all routine maintenance of the machine and for any maintenance or repair below $10,000 per incident. For maintenance or repair incidents in excess of $10,000 and if the Tenant's ice machine maintenance account does not have sufficient funds to pay for the repairs then the City shall be responsible for the maintenance or repair cost in excess of funds available in Tenant's ice machine maintenance account . Tenant may set reasonable limit on the amount of ice that may be purchased but may not discriminate against any party in providing services except for commercially reasonable reasons. Tenant agrees that any revenues from the ice -making machine in excess of expenses will be set aside in a separate "ice machine maintenance" account. Tenant agrees to set up a separate accounting area within its book to solely and separately account for all revenues and expenses from the ice making machine and to report to City annually as outlined in Paragraph 5, Use, Accounting and Reporting Requirements. 5. USE, ACCOUNTING, AND REPORTING REQUIREMENTS a. Use Tenant shall operate the site a minimum number of hours required to provide a full service fish buying station. b. Accounting and Reporting Standards Tenant shall maintain complete and accurate records and books of account in accordance with accepted accounting practices showing the total amount of revenues and expenses made each calendar month in, on or from the premises. Said books and records, at a minimum, shall be broken down by activity area to at a minimum to include ice service, wholesale fish sales, unloading fees, etc. Tenant will keep all books and records for the Page 2 of 9 ® Site within 20 miles of the City of Morro Bay and make said books and records available to City upon reasonable written request. Tenant will provide the City, no later than January 30 of each year, for the previous 12 month period, a full and itemized accounting of Tenant's operations from the leased premises and the ice making machine which shall show separate accounting for the ice making machine and the Tenant's other activities arising from this Lease. Tenant and City shall review the results of Tenant's operation after the first year of this Lease and should the parties wish to continue this Lease or enter into a new agreement City may request reimbursement for any sunk costs in the ice machine installation beyond those granted by the Committee and or may request that a purchase and payment plan be worked out with Tenant to turn the equipment listed in Exhibit B hereof over to Tenant's sole ownership and control. 6. RESTRICTIONS AND PERMITTED USES Tenant agrees that Tenant shall use the Site only for berthing of commercial vessels, buying, storing transporting of fish and seafood products, ice making and sales offices related to the above 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 guests, employees, agents, renters and contractors of Tenant or City. ® b. Permit undue accumulations of garbage, trash, rubbish or any other refuse by the guests, employees, agents, renters and contractors of Tenant or cause or allow any circumstances or acts on the Site by the guests, employees, agents, renters and contractors of Tenant which will result in pollution of any kind. C. Permit any use of the Site by the guests, employees, agents, renters and contractors of the Tenant which will cause a cancellation of any insurance policy covering the Harbor area, or any part thereof, or any building or improvements thereon, any activity by the guests, employees, agents, renters and contractors of Tenant which may be prohibited by any insurance policies covering the Harbor area, said buildings or improvements. d. Waste water. e. Erect; place, operate or maintain any improvement within the Site, nor allow to be conducted any business from the Site in violation of the terms of this Lease, 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 the City's property from pollution of any kind and shall not allow petroleum products, industrial materials or pollution of any kind to leak onto City's ® property or adjacent property or ground water. Page 3 of g g. Permit welding, heavy industrial or mechanical repairs on the Site, except to repair equipment in compliance with any applicable regulations. 7. SIGNS All signs shall be in accordance with the "Sign Ordinance of the City of Morro Bay". "Sign" shall have the meaning set for in said Sign Ordinance. 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 and ordinances which govern, apply to or are promulgated with respect to the operation and use of the Site by Tenant it connection with its business. 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 with 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 City 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 City and Tenant. 9. TAXES Tenant acknowledges and agrees that this Lease Agreement 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, licenses and permit fees and other governmental charges of any kind or nature whatsoever upon the assessed value of its interest in the Site. 10. ADDITIONAL ALTERATIONS AND REPAIRS Prior to making any alterations to the Site, Tenant shall obtain the written approval of the City's 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. 11. OWNERSHIP OF IMPROVEMENTS AND SURRENDER OF THE SITE All improvements to real property constructed on the Site by Tenant after initial project construction 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, at the sole discretion of the City either become the property of City or be removed at Tenant's expense. At the expiration or within 90 days of termination of this agreement for any reason, Tenant will surrender the Site in good order and condition with all storage units vacant and clean. Tenant will fully repair any damage occasioned by removal of trade fixtures, equipment, furniture, alterations or stored items. All trade fixtures, equipment, furniture, alterations or stored items not removed at the expiration date or within 90 days of the termination date will conclusively be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed or Page 4 of 9 ® otherwise disposed of by City without notice to Tenant or any other person and without obligation to account for them. Tenant waives all claims against City for damage to Tenant or Ws occupants resulting from City retention; storage or disposal of items not removed. Tenant will reimburse City for all costs and expenses incurred in connection with City disposition of such property, including without limitation the cost of storage or disposal and the cost of repairing any damage to the buildings or the site caused by removal of such property. 12. ASSIGNIMENT AND SUBTENANCY This Lease is personal in nature and may not be assigned or transferred by Tenant for any reasons. City may terminate this agreement should Tenant disincorporate or cease operations as an organization or assign its interest to another party. Tenant shall not enter into any agreement with any other party to manage or operate the Site without prior approval by the City. 13. INSURANCE Tenant shall indemnify and hold City and the property of City, including said Site and any buildings or improvements now or hereafter on said Site, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from Tenant's occupation and use of said Site, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: a. The death or injury of any person who is a guest, employee, agent, renter 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, renter 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, renter or contractor of Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or by any person who is a guest, employee, agent, renter 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 on behalf of Tenant. Tenant's failure to perform any provision of this Lease Agreement or to comply with any requirement of law or any requirement imposed on Tenant or said Site by any duly authorized governmental agency or political subdivision. 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 Page 5 of insurance company acceptable to City which shall list City as the named primary additional insured, without offset to City's policies as respects all operations of Tenant. Any deductibles or self -insured retentions must be declared to and approved by City. The terms of said policies may be for such period as shall be designated by Tenant; provided however, that within two (2) months prior to the expiration date of such insurance terms, Tenant shall procure other policies of said insurance so that between the execution of this Lease and the commencement of the Lease Term and throughout the entire Lease Term or any renewal thereof, or until the sooner termination thereof, City, its officials, employees, agents and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance, in accordance with the foregoing. Tenant shall within ten (10) days after the execution of this Lease and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to City a true and correct copy of an insurance binder and within 45 days deliver to City a true and correct copy of each insurance policy required by this Article 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. Each insurance policy required by this Lease shall contain a provision that it cannot be cancelled for any reason nor can the coverage or limits be reduced unless ten (10) days prior written notice of the cancellations or reduction is given to City in the manner required by this Lease for service of notices on City by Tenant. 14. HOLD HARMLESS Tenant agrees to investigate, defend, indemnify and hold harmless City, its employees and agents, from and against any and all losses, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney's fees) and causes of action whether real or alleged and of whatsoever character, which the City may incur due to the actual or alleged negligence of willful misconduct of Tenant or its guests, employees, agents, renters or contractors. Tenant shall defend, indemnify and hold City, its officials, agents, employees and volunteers, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from Tenant's occupation, operation or use of said Site, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: (a) The death or injury of any person who is a guest, employee, agent, renter or contractor of 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, renter 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, renter 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, renter 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; Page 6 of 9 ® (c) Any work performed on said Site or materials furnished to said Site at the instance or request of Tenant or any person or entit} acting for or on behalf of Tenant; or (d) Tenant's failure to perform any provision of this Lease or to comply Nvith any requirement of law or any requirement imposed on Tenant or said Site by any duly authorized governmental agency or political subdivision. 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 except as outlined below. In the case of partial damage as determined by the City, Tenant shall use only undamaged portions of the Site while property insurance proceeds are obtained and reconstruction of the damaged or destroyed improvements is made. In the event of partial or full destruction this Lease Agreement can be otherwise modified or terminated by the mutual written agreement of the City and Tenant. The City shall have no obligation to reconstruct improvements. If the Site is destroyed to the extent that the remainder of the Site cannot be safely or efficiently used as determined solely by City, then City may terminate this Lease Agreement thirty (30) days after the event of destruction. 16. DEFAULT In the event that Tenant shall fail to perform any agreement, covenant or condition set forth in this Lease Agreement and the Tenant fails to cure the default within a reasonable time, after receiving written notice of same, but not more than ninety (90) days, as determined by City at its sole discretion, the Lease Agreement may be terminated upon written notice from City. Tenant ® agrees that safety is a priority concern in this agreement. City and Tenant agree that in the case of hazardous or unsafe conditions fifteen (15) days shall be considered a reasonable time to cure a default or this Lease Agreement may be subject to termination. rI L 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 (1) if intended for City shall be addressed to: Harbor Director City of Morro Bay 1275 Embarcadero Morro Bay, CA 93442 and (2) if intended for Tenant shall be addressed to : Morro Bay Commercial Fisherman's Organization - PO Box 450 Morro Bay, CA 93443 Page i of 9 or to such other address as either party nay 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 40 same is deposited in the United States mail. 18. UTILITIES ' Tenant is responsible for all costs of installation, maintenance and monthly charges for any and all other utilities or services required by Tenant at the Site including garbage service. 19. PURPOSE AND REQUIREMENTS FOR PROVISION OF A FINANCIAL STATEMENT City and Tenant agree that the purpose of this agreement is to provide a non-profit, low-cost, safe and efficient fish buying, fish unloading and ice service for commercial fishermen. Tenant agrees to operate the Site at all times in conformance with that purpose. 20. 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 Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to anyone not a party, except as otherwise expressly provided herein. C. The words "City' 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 City or Tenant, the obligations hereunder imposed upon City 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. 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 City or Tenant. f This Lease constitutes the entire agreement between City 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 City and Tenant. El Page 8 of 9 11 IN WITNESS WHEREOF, City and Tenant have executed this Lease Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. Approved as to Content CITY MANAGER CITY OF MORRO BAY INC. Ro ert Hendrix Attested by CITY CLERK CITY OF MORRO BAY MORRO BAY COMMERCIAL FISHERMANS ORGANIZATION, is ridgett Bauer Craig arbre, Director Page 9 of 9 0 r-7 L•J ® RESOLUTION NO.23-04 APPROVAL OF ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W, LOCATED AT 833 EMBARCADERO, FROM GEORGE LEAGE TO VIOLET LEAGE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 87-88/87W-88W; and, WHEREAS, George Leage is the lessee of said property; and, WHEREAS, the George Leage has requested City Council approval of assignment of the lease agreement for Lease Site 87-88/87W-88W to Violet Leage; and, WHEREAS, Violet Leage has provided background and financial information as required to the City; and, WHEREAS, the City cannot unreasonably withhold assignment approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the lease agreement for Lease Site 87-88/87W-88W is hereby assigned from George. ® Leage to Violet Leage and that the Mayor is hereby authorized to execute the assignment and assumption documents. BE IT FURTHER RESOLVED, that this assignment is contingent upon the City Attorney approval of the final assignment and assumption documents by May 10, 2004. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12'h day of April 2004, by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None JA E BOUCHER, DEPUTY CITY CLERK r] 0 Statement of Qualifications p �=f n i MAR 1 5 2004 Y OF BOR I Violet Leage have. been working at the Outrigger Restaurant for the past seven years as owner manager. During this time I have managed the employee's, expenses and created a positive work atmosphere both inside and outside of the restaurant. It is my intention to continue improving the restaurant and retail shops on Lease site 87-88. We will be working to complete the renovation of the second floor, by adding three sleeping rooms were there is now open office space, I also have plans to add a second floor with more sleeping rooms and retail shops. It is also in the long term plans to make improvements on the water front docks. I believe the assignment of this lease will not only benefit me but will also benefit the City of Morro Bay. CJ 11 City of Morro Bay HARBOR DEPARTMENT 1275 Embarcadero Morro Bay, CA 93442 Ph. 805-772-6254 Fax:805-772-6258 APPLICATION .MAR 1 2 2004 �i I CITY 0r M1)RR0 P.AY HP.%2011 DCPAIiTr;;ENT APPLICATION FOR AMENDMENT 011 ASSIGNMENT OF CITY LEASE AGREEMENTS OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENT To be completed and returned to the Harbor Office for processing. LEASE SITE #: 87-88/87w-88w George W Leage Lessee (please print) 214 Beach Street ® Mailing Address Morro Bay Ca 93442 City; State Zip pi- It att 101 (SZ4 1 ob5 APPLICATION FEE: $266.76 Tl,c n..r g.r FrstaaranE Business Name 805-772-8473 Telephone REQUEST: Briefly describe the specific nature of the approval requested. The Lessee (Assignor) agrees to transfer all his rights , titles and' interest in the lease agreement to Violet Leage the new Lessee (Assignee). This is being done, due to the fact that George W Leage is turning all of interests and rights over to Violet Leage regarding lease site b/-B8/8/w-8Bw. Atter the lease is reassigns orge Leage wn no longer_be involved in the business at this site. j Date ® SEE REVERSE ® L-xl» bit "B" Assignment Agreement This assignment is made and entered into this day of March, 2004, by and between George Leage ( hereafter referred to as`Assignor"). and Violet Leage. (hereafter referred to as `Assignee"). 1. Subject to and expressly contingent upon the approval of the City of Morro Bay and or any other governmental entities or districts with jurisdiction thereof. Assignor hereby assigns all its lights title and interest in that certain lease agreement from the City of TvIorro Bay, for the property known as lease site 87-88/87w-88w (hereafter the "Premises) commencing April 1, 2004, and continuing, unless terminated by its terms or operations of law (hereafter the ",Master Lease"). 2. Assignee acknowledges that the City of Morro Bay has leased the premises to Assignor under the Master Lease. Assignee acknowledges that any assignment of the Master Lease is subject to prior approval by resolution of the City of Morro Bay City Council. ® 3. Assignee agrees to comply with all terms and conditions of the \Master Lease and assume all liabilities required under the Master Lease. Assignee further agrees as required under the Master Lease, to defend, indemrnifv. and hold the City free and harmless. from and against any and all claims. lawsuits. costs and expenses, including reasonable attoirneys' fees and court costs arising from, or in any way related to, holding, using or operating leased premises and further agrees to maintain liability insurance in the manner, form and amount required by the Master Lease with the City included as an additional insured without offset against the City's insurance. 4. Assignee further agrees to provide to the Cite of \Morro Bay, all documentation required under the Master Lease. with regard to Assignee's operation, to enable the City to determine its portion of the gross sales. So Agreed: Dated: �p y Dated: ld _ZU 11 The City of Morro Bay, Lessor named in the -Master Lease; consents to the above - described Assignment upon the conditions set forth above. The City also consents to the agreement by .Assignee to assume as of April 1. 2004, the payment of rent and performance of all duties and obligations, including all percentages of gross sales, as set forth in the :Master Lease, which has been approve by the Morro Bay City Council prior to this Agreement. Dated: E CITY OF MORRO BY c \ By IH1�\�(� _. ® RESOLUTION NO.22-04 A RESOLUTION OF THE CITY COUNCIL APROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOODS, AND COASTAL PROTECTION ACT OF 2002 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation land and facilities; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and ® Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Per Capita Allocation, and WHEREAS, the Applicant will enter into a Contract with the State of California; NOW, THEREFORE, BE IS RESOLVED that the City Council of the City of Morro Bay hereby: 1. Approves the filing of an Application for the local assistance fund from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the Recreation and Parks Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of Project(s). C� ® Resolution No. 22-04 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 12'' day of April 2004 by the following roll call vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ATTEST: Ul J BOUCHER, DEPUTY CITY CLERK E WILLIAM YA ® RESOLUTION NO.21-04 RESOLUTION ADOPTING AMENDMENTS AND ADDITIONS TO THE CITY OF MORRO BAY PERSONNEL RULES AND REGULATIONS AND RESCINDING RULES AND REGULATIONS IN CONFLICT THEREWITH THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to comply with state and federal laws concerning rights of employees with regard to equal employment opportunity, harassment prevention, the Family Medical Leave Act, Americans With Disabilities Act Leave, pregnancy leave, and military leave; and NVHEREAS, the City is also required to establish policies to conform to said laws; and NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that the attached amendments and additions to the Personnel Rules and regulations are adopted and provisions in any resolutions in conflict therewith are rescinded. ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12`h day of April 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None 9RM,12 & J ie Boucher Deputy City Clerk ® CITY OF MORRO BAY DIVISION 2 EOUAL EMPLOYMENT OPPORTUNITY POLICIES Section 2.01 Equal Employment Opportunity Statement. The City does not discriminate against qualified employees or applicants for employment on the basis of race, color, religion, gender, national origin, ancestry, citizenship, age, marital status, physical disability, mental disability, medical condition, sexual orientation, or any other basis protected by law. The City will afford equal employment opportunity to all qualified employees and applicants as to all terms and conditions of employment, including compensation, hiring, training, promotion, transfer, discipline, and discharge. Section 2.02. Harassment Prevention Policy. The City is committed to providing a work environment free of discriminatory harassment. This policy defines discriminatory harassment, and sets forth a procedure for the investigation and resolution of complaints of such harassment by or against any employee or applicant or from a person providing services pursuant to a contract. Discriminatory harassment violates this policyl, and will not be tolerated. Discriminatory harassment of an applicant or employee or person providing services pursuant to a contract, is harassment based on actual or perceived race, religious creed, sex, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. It is also improper to is participating against any individual for making a complaint of discriminatory harassment or for participating in a harassment investigation. Retaliation constitutes a violation of this policy. This policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation. Employees who violate this policy may be subject to disciplinary action up to and including discharge. A. Definition. Harassment can consist of virtually any form or combination of verbal, physical, visual or environmental conduct. It need not be explicit, or even specifically directed at the victim. Sexually harassing conduct can occur between people of the same or different genders. By definition, sexual harassment is not within the course and scope of an individual's employment with the City. Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on actual or perceived sex, religious creed, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. ® 1 A violation of this policy does not constitute a violation of state and/or federal law, although both prohibit discriminatory harassment. FINAL mandatory policim April 12, 2004 ® This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status, pregnancy or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats or intimidation of a sexual nature; or sexist, patronizing or ridiculing statements that convey derogatory attitudes about a particular gender. 2. Physical: Inappropriate or offensive touching, assault, or physical interference with free movement when directed at an individual on the basis of actual or perceived sex, religious creed, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, massaging, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling or sexual gestures. Visual or Written: The display or circulation of offensive or derogatory visual or written material related to sex, religious creed, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics or electronic media transmissions (i.e., email). 4. Environmental: A work environment that is permeated with sexually oriented talk, innuendo, insults or abuse not relevant to the subject matter of the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements. An environment may be hostile if unwelcome sexual behavior is directed specifically at an individual or if the individual merely witnesses unlawful harassment in his or her immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's work. Romantic or sexual relationships between supervisors and subordinate employees is discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change with the result that sexual conduct that was once welcome becomes unwelcome and harassing. B. Prohibited Supervisory or Managerial Behavior. No supervisor, manager, or ® other authority figure may condition any employment, employee benefit or FINAL mandatory policies April 12, 2004 ® continued employment in this City on an applicant or employee's acquiescence to any of the behavior defined above. No supervisor, manager, or other authority figure may retaliate against any applicant, or employee, because that person has opposed a practice prohibited by this policy or has filed a complaint; testified, assisted or participated in any manner in an investigation, proceeding or hearing conducted by an authorized investigator: Supervising an employee's work or work product is not harassment. No person shall destroy evidence relevant to an investigation of harassment discrimination. C. Behavior Prohibited by All Persons. No supervisor, manager, or any other person in the City organization shall create a hostile or offensive work environment for any other person by engaging in any discriminatory harassment or by tolerating it on the part of any employee. No supervisor, manager, or any other person in the City shall assist any individual in doing any act, which constitutes discriminatory harassment against any employee of the City. No supervisor/manager, or any other person in the City may retaliate against any ® employee because that person has opposed a practice prohibited by this policy or has filed a compliant, testified, assisted or participated in any manner in an investigation proceeding or hearing conducted by an authorized investigator. D. Obligations of SuoervisorsManager. A copy of this policy shall be provided to all employees of the City, as well as displayed in prominent locations throughout the City. A copy of the information sheet on sexual harassment prepared by the Department of Fair Employment of Housing is available to all City employees upon request. The City shall periodically notify employees of the procedures for registering a complaint as well as available redress. Such notification shall occur through the normal channels of communication. The human resources office will make available upon request information from the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission about filing claims of sexual harassment with these entities. A copy of this policy shall appear in any publication of which sets forth the comprehensive rules, regulations, procedures and standards of conduct for ® employees. FINAL mandatory policies April 12, 2004 ® Employees of the City shall receive periodic training on the policy. E. Complaint Procedure. Employees who believe they have experienced any form of employment discrimination are encouraged to report this experience immediately, using the complaint procedure provided in Section 2.04 of these rules. Section 2.03 Reasonable Accommodation Policy. The City will comply with the employment -related reasonable accommodation requirements of the California Fair Employment and Housing Act and the Americans with Disabilities Act. An employee or applicant who alleges denial of reasonable accommodation may file a complaint pursuant to the City Complaint Procedure in Section 2.04. Section 2.04 Complaint Procedure for Discrimination or Harassment A. Obligations of All Employees. All employees shall report any conduct, which fits the definition of discriminatory harassment, to their immediate supervisor or appropriate authority figure. This includes conduct of non -employees, such as sales representatives or service vendors or harassing conduct toward such contractors. Employees should immediately report the conduct to their supervisor, manager, ® any department head or the human resources office. Under no circumstances shall employees of the City who believe they have been the victim of discrimination or harassment be required to first report that harassment to a supervisor or other authority figure if that person or authority figure is the individual who has done the harassing. These employees should instead report the conduct to any manager or department head or the personnel officer. All persons shall report to their supervisor, manager or the human resources office any instances of discriminatory harassment, which they have directly observed, whether or not reported by the employee who is the object of the harassment. All employees shall cooperate with any investigation of any alleged act of discriminatory harassment conducted by the City or its agents. B. Responsibility of Supervisors or Management. Any supervisor, or manager who receives a complaint regarding discriminatory harassment shall immediately report it to the personnel officer. If it is not possible to report it to the personnel officer, then the supervisor or manager must instead report the complaint to the City Manager. Under no circumstances shall a supervisor, manager, or other authority figure retaliate in any way against an employee who has made a complaint or who has is harassment. information as a witness to an incident of alleged discrimination or harassment. FINAL mandatory policia April 12, 2004 ® All supervisors and managers are required to maintain confidentiality to the extent possible in communicating or investigating any claims of alleged discrimination or harassment. C. Investigative/Corrective Action. The personnel officer will authorize an investigation or conduct an investigation of the complaint. The investigation will be conducted in a manner that ensures, to the extent feasible, the privacy of the parties involved. The person designated to investigate shall immediately report in writing the findings of fact to the personnel officer. The personnel officer will determine whether the policy has been violated and communicate the conclusion to the complainant. Disciplinary action shall be decided in accordance with City policy and after consultation with the personnel officer. Section 7.01 Family and Medical Leave Act (FMLA): A. Statement of Policy: To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for ® eligible employees as required by state and federal law. The following provisions set forth certain of the rights and obligations with respect to such leave. Rights and obligations, which are not specifically set forth below, are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA"), and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. B. Definitions: "I 2-Month Period" means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. 2. "Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self -care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, foster or step -child, legal ward, or a child of a person standing in loco parentis (in place of a parent). A child is "incapable of self care" if he/she requires active assistance or ® supervision to provide daily self -care in three or more of the activities of daily living or instrumental activities of daily living such as caring for FI\AL mandatory policia April 12, 2004 ® grooming and hygiene; bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc. "Parent" means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents -in-law. 4. "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: a. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery there from); or b. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider ® includes any one or more of the following: (1) A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: (i) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or (ii) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example, a course of prescription, medication or therapy requiring special equipment to resolve or alleviate the health condition. 'If the medication is over the counter, and ® can be initiated without a visit to a health care FINAL mandatory policies April 12, 2004 ® provider, it does not constitute a regimen of continuing treatment. (2) Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave. Under California law an employee disabled by pregnancy is entitled to pregnancy disability leave.) (3) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: (i) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; (ii) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (iii) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). ® Absences for such incapacity qualify for leave even if the absence lasts only one day. C (4) A period of incapacity, which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. (5) Any period of absence to receive multiple treatments (including any period of recovery there from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. 6. "Health care provider" means: a. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California; FINAL mandatory policies April 12, 2004 - ® b. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state of jurisdiction, including another country, that directly treats or supervises treatment of a serious health condition; C. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; d. Nurse practitioners and nurse -midwives and clinical social workers who are authorized to practice under Califomia State law and who are performing within the scope of their practice as defined under California State law; e. Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts; and f. Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of ® a serious health condition to substantiate a claim for benefits. C. Reasons for Leave. Leave is only permitted for the following reasons: 1. The birth of a child or to care for a newborn of an employee; 2. The placement of a child with an employee in connection with the adoption or foster care of a child; Leave to care for a child, parent or a spouse who has a serious health condition; or 4. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position. D. Employees Eligible for Leave. An employee is eligible for leave if the employee: Has been employed for at least 12 months; and Has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. is leave Amount of Leave. Eligible employees are entitled to a total of 12 workweeks of leave during any 12-month period. FINAL rwdatory policies April 12, 2004 ® 1. Minimum duration of leave: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. 2. Spouses both employed by the City: In any case in which a husband and wife both employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy. ® F. Employee Benefit While on Leave. Leave under this policy is unpaid. While'on leave, employees will continue to be covered by the City's group health insurance to the same extent that coverage is provided while the employee is on the job. However, the City will not pay for continued coverage/contributions for employee elective benefit deductions (i.e., Colonial, deferred compensation, credit union). Employees shall contact human resources to arrange for payment of alternate health programs after leave time is exhausted. Additionally, deductions for deferred compensation and/or credit union contributions will cease when leave time is exhausted. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serous health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due the City (e.g., unpaid wages, vacation pay, etc.). G. Substitution of Paid Accrued Leaves. While on a leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued ® leaves after requesting FMLA and/or CFRA leave, and may also require an FINAL mandatory policies Apri112, 2004 ® employee to use Family and Medical Care Leave concurrently with a non- FMLA/CFRA leave which is FMLA/CFRA-qualifying. Employee's right to use paid accrued leaves concurrently with family leave: Where an employee has earned or accrued paid vacation, administration leave, or compensatory time, that paid leave may be substituted for all or part of any otherwise unpaid leave under this policy. As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if: a. The leave is for the employee's own serious health condition; or b. The leave is needed to care for a parent, spouse or child with a serious health condition, and would be permitted as sick leave under the City's sick leave policy. City's Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA Leave. Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave with two exceptions: ® a. Employees are not required to use accrued compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act; and b. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the leave is for the employee's own serious health condition. City's Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently With Other Leaves. If an employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, the non-FMLA/CFRA leave shall run concurrently with the employee's 12-week FMLA/CFRA leave entitlement. The only exception is for peace officers that are on leave pursuant to Labor Code §4850. 4. City's and Employee's Rights if an Employee Requests Accrued Leave without Mentioning Either the FMLA or CFRA. If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee's request and the employee provides ® information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may inquire further into the reason for the absence. If FINAL mandatory policia 10 April 12, 2004 ® the reason is FMLA/CFRA qualifying, the City shall require the employee to exhaust accrued leave as described above. H. Medical Certification. Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City of Morro Bay. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. Time to Provide a Certification. When an employee's leave is foreseeable and at least thirty (30) days notice has been provided, the employee must provide a medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the City within fifteen (15) calendar days after the employer's request, unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. 2. Consequences for Failure to Provide an Adequate or Timely Certification. If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. ® However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided. 3. Recertification. If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. 4. Intermittent Leave or Leave on a Reduced Leave Schedule. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. RNAL mandatory policies 1 1 April 12, 2004 ® I. Reinstatement Upon Return from Leave. 1. Right to Reinstatement. Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. 2. Employee's Obligation to Periodically Report on His/Her Condition. Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. 3. Release for Duty Certification. As a condition of reinstatement of an ® employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a release -for -duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. 11 4. Reinstatement of "Key Employees". The City may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City's intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Required Forms. Employees must fill out the following applicable forms in connection with the leave under this policy: "Request for Family or Medical Leave Form" prepared by the City to be eligible for leave. NOTE: EMPLOYEES WILL RECEIVE A CITY RESPONSE TO THEIR REQUEST WHICH WILL SET FORTH CERTAIN CONDITIONS OF THE LEAVE. FINAL mandatory policies 12 April 12, 2004 ® 2. Medical certification either for the employee's own serious health condition or for the serious health condition of a child, parent or spouse; 3. Authorization for payroll deductions for benefit plan coverage continuation; and 4. Release for duty to return from leave form. Section 7.07 Americans with Disabilities Act Leave. In the event an employee becomes disabled within the meaning of the Americans with Disabilities Act or other applicable disability laws and the City is reasonably able to accommodate the limits or restrictions on that employee's ability to work, the City will do so provided that the employee is qualified to perform the duties of a job that maybe made available to him or her. In effectuating the provisions of this section and the duties of the law, the City's efforts to reasonably accommodate the employee shall take precedence over and preempt any other conflicting provisions or limitations of these personnel rules, or an applicable MOU. The personnel officer will notify employee represented units, -and, upon request by the unit, meet with the unit to discuss reasonable accommodation questions affecting unit members prior to implementation. Section 7.09 Pregnancy Leave: A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or a related medical ® condition. During said leave of absence without pay, the employee has the option of using accumulated sick leave, compensatory time and/or vacation credits. Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, location, job content and promotional opportunities. Prior to the employee being reinstated, the department head may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. Female employees shall be reasonably accommodated for conditions related to pregnancy, childbirth or related medical conditions if the employee requests an accommodation with the advice of her healthcare provider. Section 7.14 Military Leave: Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide the department head, whenever,possible, with a copy of the military orders specifying the dates of the activity or mission. Within the limits of such order, the department head may determine when the leave is to be taken and may modify the employee's work schedule to accommodate ® the request for leave. FINAL mandatory policin 13 April 12, 2004 S. 0 CITY COUNCIL RESOLUTION NO. 20-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CROSBY & CINDRICH, CPAs TO AUDIT FINANCES OF THE WASTEWATER TREATMENTPLANT WHEREAS, pursuant to our contract with Cayucos Sanitary District for the joint operation of the Wastewater Treatment Plant (WWTP) an annual audit is required; and WHEREAS, the City Council of the City of Morro Bay deems it desirable and necessary for the benefit of the Citizens of Morro Bay to ensure an independent audit of the WWTP; and WHEREAS, it has proven difficult to generate any interest from the CPA community to bid on this project, resulting in two solicitations and only a single bidder responding and qualified to perform the audit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that the City Manager is hereby authorized to execute a audit contract with Crosby & Cindrich, CPAs PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the ® 12th day of April, 2004, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None l tl�A, 4 WILLIAM YATES, Ma or &� ce r� &,� y Ut� 4RIDGETT BAUER City Clerk ✓� UiFILESWSWORMCCRESOVu 20.04.dm ....... .� ` ® AUDITOR SERVICES AGREEMENT This Agreement is made upon the date of execution, as set forth below, by and between Crosby & Cindrich, CPA, 1368 Marsh Street, San Luis Obispo, CA (805) 543-5800, (hereinafter referred to as "AUDITOR"), and the CITY OF MORRO BAY, a California Municipal Corporation (hereinafter referred to as "CITY") and the CAYUCOS SANITARY DISTRICT, a California Special District (hereinafter referred to as "DISTRICT") (CITY and DISTRICT are hereinafter collectively referred to as "CITY/DISTRICT"). A. CITY and DISTRICT jointly own and operate a wastewater treatment plant located within the City of Morro Bay; and B. CITY and DISTRICT desire to engage AUDITOR to perform the services described herein below; and C. AUDITOR represents that it possesses the skill, education and licenses necessary to satisfactorily perform, and desires to perform said services. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1.00 GENERAL PROVISIONS ® 1.01 TERMS: This Agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 CONTRACT COORDINATION a. CITY/DISTRICT. CITY's Finance Director shall be the representative of CITY/DISTRICT for all purposes under this Agreement. CITY's Finance Director, or his designated representative, hereby is designated as the Contract Manager for the CTTY/DISTRICT. He shall supervise the progress and execution of this Agreement. b. AUDITOR. AUDITOR shall assign a single Contract Manager to have overall responsibility for the progress and execution of this Agreement for AUDITOR. Robert P Crosby, CPA is hereby designated as the Contract Manager for AUDITOR. Should cir- cumstances or conditions subsequent to the execution of this Agreement require a substitute Contract Manager for any reason, the Contract Manager designee shall be subject to the prior written acceptance and approval of the CITY/District's Contract Manager. 1.03 SERVICES TO BE PERFORMED BY AUDITOR: AUDITOR agrees to perform or provide the services specified in "Description of Services" attached hereto as Exhibit "A" and incorporated herein by this reference. 11 ® AUDITOR shall determine the method, details and means of performing the above -referenced services. AUDITOR may, at Auditor's own expense, employ such assistants, as AUDITOR deems necessary to perform the services required of AUDITOR by this Agreement. CITY/DISTRICT may not control, direct or supervise Auditor's assistants or employees in the performance of those services. . 1.04 COMPENSATION: In consideration for the services to be performed by AUDITOR, CITY/DISTRICT agrees to pay AUDITOR the consideration set forth in the amounts and under the terms provided in Exhibit "B" attached hereto and incorporated herein by this reference. 2.00 OBLIGATIONS OF AUDITOR 2.01 MINIMUM AMOUNT OF SERVICE BY AUDITOR: AUDITOR agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner. AUDITOR may represent, perform services for and be employed by additional individuals or entities, in Auditor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with CITY/District's business. ® 2.02 TOOLS AND INSTRUMENTALITIES: AUDITOR shall provide all tools and instrumentalities necessary to perform the services under this Agreement. 2.03 LAWS TO BE OBSERVED. AUDITOR shall: a. Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be per- formed by AUDITOR under this Agreement; b. Keep itself fully informed of all existing federal, state and local laws, ordi- nances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Auditor's performance under this Agreement, or the conduct of the services under this Agreement; C. At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; d. Immediately report to the CITY/District's Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. C ® 2.04 RELEASE OF REPORTS AND INFORMATION. Any video tape, reports, information, data, or other material given to, or prepared or assembled by, AUDITOR under this Agreement shall be the property of CITY/DISTRICT and shall not be made available to any individual or organization by AUDITOR without the prior written approval of CITY and DISTRICT, respectively. This provision shall not apply to information in whatever form that comes into the public domain, nor shall it restrict AUDITOR from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction. 2.05 COPIES OF VIDEO TAPES, REPORTS AND INFORMATION. If CITY/DISTRICT requests additional copies of videotapes, reports, drawings, specifications, or any other material in addition to what the AUDITOR is required to furnish in limited quantities as part of the services under this Agreement, AUDITOR shall provide such additional copies as are requested, and CITY/DISTRICT shall compensate AUDITOR for the costs of duplicating of such copies at Auditor's direct expense. 2.06 QUALIFICATIONS OF AUDITOR. AUDITOR represents that it is qualified to furnish the services described under this Agreement. 2.07 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS: CITY/DISTRICT and AUDITOR intend and agree that AUDITOR is an independent contractor of CITY/DISTRICT and agrees that AUDITOR and Auditor's employees and agents have no right to ® Workers' Compensation and other employee benefits. If any worker insurance protection is desired, AUDITOR agrees to provide Workers' Compensation and other employee benefits, where required by law, for Auditor's employees and agents. AUDITOR agrees to hold harmless, defend and indemnify CITY and DISTRICT, respectively, from any and all claims for injury, disability, or death of AUDITOR and Auditor's employees or agents. 2.08 INDEMNIFICATION: AUDITOR shall defend, indemnify, and save harmless the CITY and DISTRICT, its officers, agents, and employees from any and all claims, demands, damages, costs, expenses, judgments or liability arising out of this Contract, or attempted performance of the provisions hereof, including, but not limited to those predicated upon theories of violation of statute, ordinance, or regulation, professional malpractice, negligence, or recklessness including negligent or reckless operation of motor vehicles or other equipment, furnishing of defective or dangerous products or completed operations, premises liability, liability arising from trespass or inverse condemnation, violation of civil rights and also including any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board with respect to AUDITOR'S "independent AUDITOR" status that would establish a liability for failure to make social security and income tax withholding payments, or any act or omission to act, whether or not it be willful, intentional or actively or passively negligent on the part of AUDITOR or their agents, employees or other independent Auditors directly responsible to AUDITOR; providing further that the foregoing shall apply to any wrongful acts or any active or passively negligent acts or omissions to act, committed jointly or concurrently by AUDITOR or AUDITOR'S agents, employees or other 0 3 ® independent Auditors and the CITY and DISTRICT employees or independent Auditors. Nothing contained in the foregoing indemnity provision shall be construed to require indemnification for claims, demands, damages, costs, expenses or judgments resulting from the negligence or willful misconduct of the CITY and DISTRICT. 2.09 INSURANCE: AUDITOR shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance shall have been approved by CITY/DISTRICT as to form, amount and carrier: a. Public Liability and Property Damage Insurance. AUDITOR shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall protect CITY and DISTRICT, respectively, their elective and appointive officials, officers, agents and employees, and AUDITOR and any agents and employees performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Auditor's or any subAUDITOR's operations under this Agreement, whether such operations be by AUDITOR or by anyone directly or indirectly employed by AUDITOR and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to, death to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account of any one occurrence: ® (2) Property Damage Insurance. In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $1,000,000 for each person in anyone accident and for injuries sustained by two or more persons in any one accident. Property damage liability of $1,000,000 for each accident. (4) Workers' Compensation Insurance. In the amounts required by law as set forth in Section 2.07 above. (5) Professional Errors and Ommissions Insurance. In an amount not less than $500,000 per occurrence. b. Deductibles and Self -Insured Retentions. Any deductible or self -insured retention must be declared to, and approved by, CITY and DISTRICT, respectively. CITY/DISTRICT may require that either the insurer reduce or eliminate such deductibles or self -insured retentions as respects CITY/DISTRICT, its elected or appointed officials, employees, agents or volunteers; or AUDITOR shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. C. Proof of Insurance. AUDITOR shall famish CITY/DISTRICI', concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate 0 4 ® legal assurance that each carrier will give CITY/DISTRICT at least thirty (30) days' prior written notice of the cancellation or suspension of any policy or a reduction in policy limits during the effective period of this Agreement. The certificate or policy of liability of insurance shall name CITYIDISTRICT as an additional insured with AUDITOR. 3.00 TIME FOR COMPLETION OF THE WORK Program scheduling shall be as described in Exhibit "A" unless revisions to the exhibit are approved by the CITY/District's Contract Manager and Auditor's Contract Manager. Time extensions may be allowed for delays caused by CITY/DISTRICT, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the AUDITOR. 4.00 TEMPORARY SUSPENSION The CITY/District's Contract Manager shall have the authority to suspend this Agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the AUDITOR to perform any provision of this Agreement. AUDITOR will be paid the compensation due and payable to the date of temporary suspension. 5.00 ® AUDITOR shall furnish CITY/DISTRICT with every reasonable opportunity for CITY/DISTRICT to ascertain that the services of AUDITOR are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the CITY/District's Contract Manager's inspection and approval. The inspection of such work shall not relieve AUDITOR of any of its obligations to fulfill its Agreement as prescribed. 6.00 OWNERSHH' OF MATERIALS All original drawings, videotapes and other materials prepared by or in possession of AUDITOR pursuant to this Agreement shall become the permanent property of the CITY/DISTRICT, and shall be delivered to the CITY/DISTRICT upon demand. All such documents, plans and specifications prepared under this Agreement shall become the property, of the CITY/DISTRICT upon completion of the work and payment of monies earned and due to the AUDITOR. 7.00 OBLIGATIONS OF CITY/DISTRICT 7.01 COOPERATION: CITY/DISTRICT agrees to comply with all reasonable requests of AUDITOR necessary to the performance of Auditor's duties under this Agreement. C ® 7.02 CITY shall also be responsible for providing such staff production assistance as is specified in Exhibit "A". 8.00 TERMINATION OF AGREEMENT 8.01 TERMINATION OF NOTICE. Notwithstanding any other provision of this Agreement, any party hereto may terminate this Agreement, at any time, without cause by giving at least ten (10) days prior written notice to the other parties to this Agreement. 8.02 TERMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy or insolvency of any party; b. Sale of the business of any party; C. The end of the ten (10) days as set forth in Section 8.01; d. End of the Agreement to which Auditor's services were necessary: or e. Assignment of this Agreement by AUDITOR without the consent of CITY/DISTRICT. 8.01 TERMINATION BY ANY PARTY FOR DEFAULT OF AUDITOR: Should any party default in the performance of this Agreement or materially breach any of its provisions, a non -breaching party, at its option, may terminate this Agreement, immediately, by giving written ® notice of termination to the breaching party. 8.04 RETURN OF MATERIALS. Upon such termination, AUDITOR shall turn over to the CITY/DISTRICT immediately any and all copies of videotapes, studies, sketches, drawings, computations, and other data, whether or not completed, prepared by AUDITOR, and for which AUDITOR has received reasonable compensation, or given to AUDITOR in connection with this Agreement. Such materials shall become the permanent property of CITY/DISTRICT. AUDITOR, however, shall not be liable for CITY/District's use of incomplete materials. 9.00 SPECIAL PROVISIONS 9.01 INTEREST OF AUDITOR AUDITOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. AUDITOR further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. AUDITOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY or DISTRICT, respectively. It is expressly agreed that, in the performance of E ® the services hereunder, AUDITOR shall at all times be deemed an independent contractor and not an agent or employee of CITY or DISTRICT, respectively. 9.02 DISCRIMINATION No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If AUDITOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY/DISTRICT shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to AUDITOR the sum of Fifty Dollars ($50) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If AUDITOR is found in violation of the nondiscrimination provisions of this Agreement or the applicable affirmative action guidelines pertaining to this Agreement, AUDITOR shall be found in material breach of the Agreement. Thereupon, CITY/DISTRICT shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount ® payable to AUDITOR the sum of Five Hundred Dollars ($500) for each calendar day during which AUDITOR is found to have been in such noncompliance as damages for said breach of contract, or both. 10.00 MISCELLANEOUS 10.01 REMEDIES: The remedies set forth in this Agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 10.02 NO WAIVER: The waiver of any breach by any party of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. 10.03 ASSIGNMENT: This Agreement is specifically not assignable by AUDITOR to any person or entity. Any assignment or attempt to assign by AUDITOR, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this Agreement giving rise to a right to terminate as set forth in Section 8.03. 10.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party ® shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 10.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this Agreement, should the performance of any act required by this Agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 10.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to any party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: CITY/DISTRICT: City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 ® CITY/DISTIRCT: Cayucos Sanitary District P.O. Box 333 Cayucos, CA 93430 AUDITOR: Crosby & Cindrich 1368 Marsh Street San Luis Obispo, CA 93401 10.07 GOVERNING LAW: This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this Agreement or any decision or holding concerning this Agreement arises. 10.08 BINDING EFFECT: This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as a consent by CITY/DISTRICT to any assignment of this Agreement or any interest in this Agreement. 10.09 SEVERABILITY: Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rule making act to be either invalid, void or E ® unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 10.10 SOLE AND ENTIRE AGREEMENT: This Agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This Agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or representations respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void. 10.11 TIME: Time is expressly declared to be of the essence of this Agreement. 10.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this Agreement are expressly authorized to do so on and in behalf of the parties. 10.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to he construed to define or limit the provisions to which they relate. 10.14 AMENDMENTS: Amendments to this Agreement shall be in writin¢ and shall be made only with the mutual written consent of all of the parties to this Agreement. is Executed on , 2004, at , California. By: Crosby & Cindrich By: Robert E Hendrix City Manager (Morro Bay) Bonnie Connelly (Cayucos Sanitary District) District Manager 0 9 r1 APPROVED AS TO FORM: By: City Attomey 0 Timothy J. Carmel District Attorney E 10 ® RESOLUTION NO. 19-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 2, 2004 AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, a Special Municipal Election was held and conducted in the City of Morro Bay, California, on Tuesday, March 2, 2004, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the Board of Supervisors of San Luis Obispo County has duly ® canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the Special Municipal Election consolidated with the Statewide Primary Election held on March 2, 2004, and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: That there were seven voting precincts established for the purpose of holding said election consisting of consolidations of the primary election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. That said special municipal election was held for the purpose of voting on the following measure as submitted to the electors of said City: Measure "F" Shall the Municipal Code be amended to replace citywide council elections with district elections whereby each of the five members of the City Council is elected by a separate district and change the Mayor from an elected office to a rotation among elected council members? ® Resolution No. 19-04 Page Two 3. The City Council does declare and determine that the required number of qualified voters voting on MEASURE "P" relating to the amendment to replace city-wide council elections with district elections whereby each of the five members of the City Council is elected by a separate district and change the Mayor from an elected office to a rotation among elected council members, did not vote in favor thereof. and said measure failed. 4. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. 5. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was passed and adopted. ® 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 2004 on the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ATTEST: &VAtA_, J E BOUCHER, Deputy City Clerk 11 WILLIAM YA fill CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST ® CITY OF MORRO BAY MEASUREF-04 CONSOLIDATED PRIMARY ELECTION MARCH 2, 2004 STATE OF CALIFORNIA ) ss COUNTY OF SAN LUIS OBISPO ) I, JULIE L. RODEWALD, County Clerk -Recorder of said county, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on March 2, 2004, and that the Statement of the Vote Cast, to which this certificate is attached, shows the number of votes cast in said city for and against Measure F-04, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. E MEASURE F-04: Shall the Municipal Code be amended to replace city-wide council elections with district elections whereby each of the five members of the City Council is elected by a separate district and change the Mayor from an elected office to a rotation among elected council members? WITNESS, my hand and Official Seal, this day of March, 2004. i JULIEY RODEWALD, County Clerk -Recorder C� HECEIVED MAR 31 2004 %DMINISTRAnON OFFICc rRy OF MORPO BAY N O .-- N1 QH b P 14 Q 1 N I P- O V l O r r b b W rII N b III N b N rb N NN r rrn 1 Nnd I rrr noon n oor oo oom n r r r rn nrn Q Nl7 N- ro t�1 N N hb- Vl N N o0 N- o h Qrn Q N N mcm Vl N N hO�Q Vl ho,d ha d fh O (� ] z o o N o e e e O YI Nl 0� o] O e o a I h Q IT n b a a e n W e d O e. e e o b 0 O 0h T O o a o N . M Ili e e e V f m N o D o n m NI e e o r m Af a r NNt'1N � N 1p N O �- W n r NN nOt�t r r N N NN --N N h ' r N N N v1P O O O d b-r O T W a Q Q W O�bh - Q Tb [ 1 p h O�bh v u u o 0 0 0 0 0 0 0 0 0 0 0 000 C o o Coo C o o o olo 7 o O c N ZO» O o 0 o C o o C o o C o o C o o C o o C 0l0 Coo 0 0l0 Q UQ a a 5 > o>a- ao» W oz Fy O W o � o�aA o {L F> dnr O h b rM Vl O O- b r f1 V1 mo.d T -h b N d�0 d ho` d ho. d Ana - L W L V y h0 f�l N O O Td�'1 Vl d d b b O ^ N hr O] V t'1 C o 0 o 0 N ^ d_ � 000 W N1 N o C o o b y d O O O1 tnN VI rl o m h O --- N O n N v l v l o f d Q P P N OO�O� b N e h Q Q ... b b 0010� d N P ... �0 `Obb OTO� Q N� M.. bbb Q a E a eF oo0 Coo Coo Coo C00 Coo Coo oo0 Coo o z �j W F' O C o 0 CC C o o C O O o o o Col. o 0 o 0 0 0 0 0 0 eu Qi a z' o . z0 oz v O• � C d NOS :oOL Q O G C N� y Fla QFDa _ - C y t9N� 6 � � C C �RN- uVi FQ a° Q _n 00 C 9N-N- f-�Da5.6FZL O 00 V Q do � 00 � ,'[ � p0 �+ F of QF UZi QF6F � U 4S7 ® N O N l+1 - O - m ai ai � r � e �t ° z o 0 N N v, O d a E � z x = zoo ai O c ♦J �l o a0> a L > O OQ ® F O w '> z ul re F e F O _Q V O El -n -n Bale eml� eee m nnr n r n n-r r nnr n r N N N N N N N N N N Pb Pb N P`O N P VI Q P N Q P Vf Q P x I x N P Q Vl P Q N P O N - n o eee ema e N N N N N N N N N N P SON P� P� P N Q P vl O P vl Q P vNl O O O O L I O O C O O V1 N v1 Vf N xo x0 mo oPP cPP oPP o n N P �u N P b nnb N P N bbb b•Ob bbYJ b' F h p z O_ y z O < < •f C < N< < N < C Y O 7 O < d ti c o� F V V m Y Q G V V♦ > V y o _" c _ v <G n _ a G 5 L Y n �- z' • G•N-'JL O- G Oa GF O� Oa �LGF O 0= O- OL O O =m�G(- O- Oa <F O N�+L<F O 3L ZL �yL<F oLGF �L 4158 Q Q V1 Sao z0 eee e mn - r r N N N N T b of Q N Yh b N N Q Q N Ir, r O O O O L E v .Nv z0»:)> oaa o Q O > O > O N a O > m N Q o b _ r Y 9 � O � O a Q1> {D Q N Q ? r o] —COO N r F> oae N P N N N G9 U e e e e C0 0 C > Uu 000 0 vo I 11 C, 4r--9 RESOLUTION NO. 18-04 AGREEMENT TO TERMINATE LEASE AGREEMENT FOR LEASE SITE 129W-133W, LOCATED AT 1231 EMBARCADERO, AND SURRENDER OF LEASED PREMISES BY TENANT TO CITY OF MORRO BAY AND PURCHASE OF ASSETS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Mono Bay waterfront described as Lease Site 129W-133W; and, WHEREAS, Driscoll Marina is the lessee of said property; and. WHEREAS, due to personal and business issues, Driscoll Marina is requesting termination of the lease agreement and the City wishes to purchase certain real assets on the property to facilitate future leasing of the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay that the Mayor is hereby authorized to execute the termination and equipment purchase agreement between the City of Mono Bay and Driscoll Manna. ® BE IT FURTHER RESOLVED, that the City Council hereby authorized transfer of $77,000 in Harbor appropriated funds from the State Park Manna Project to cover the cost of the purchase agreement. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting held thereof on the 8 day of March 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz NOES: None ABSENT: Yates 1 9 . �. II 1J II V, 1pe'('4 Lk WILLIAM PEIRCE, VICE -MAYOR 0 RESOLUTION NO.17-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE GENERAL PLAN AND COASTAL LAND USE PLAN OF THE CITY OF MORO BAY Case No GPA/LCP 02-03 WHEREAS, California State Law, . (Section 65040.5 of the Government Code) encourages local jurisdictions to update their General Plan; and WHEREAS, the need to update the General Plan/Coastal Land Use Plan is to simplify the two overlapping documents to facilitate implementation of the plans, and WHEREAS, the Planning Commission held public hearings on November 17, 2003 to review the latest draft of the plan and to receive and consider public testimony prior to making recommendations to the City Council concerning amendments to the General Plan and Coastal Land Use Plan; and WHEREAS, the Planning Commission held public workshops on the General Plan/Local Coastal Plan update on January 17, 2001, January 31, 2001, March 14, 2001, March 28, 2001, April 30, 2001 and September 12, 2001, to review the consultant's draft of the plan with the City Boards and Commissions and to receive public testimony on the amendments to the General Plan and Local Coastal Plan; and WHEREAS, Public workshops were held one in October 1998 to establish a vision for the plan, two workshops in March of 1999 to address specific issues and concerns and in November 1998 persons familiar with the City's existing plans were interviewed by the City's consultant and in July 1999 the Planning Commission reviewed the goals of the plan; and WHEREAS, The Planning Commission considered the General Plan/Local Coastal Plan and the public comments received at their meetings on October 1, 2001, October 15, 2001, November 19, 2001, February 4, 2002, February 19, 2002, March 4, 2002, May 6, 2002, July 1, 2002, July 15, 2002. August 5, 2002, September 16, 2002, October 7, 2002, October 21, 2002, March 3, 2002, April 21, July 7, 2003, July 21, 2003, October 6, 2003, October 20, 2003 and November 17, 2003. WHEREAS, a Notice of Availability of an Initial Study and Proposed Negative Declaration for the update of the General Plan/Local Coastal Plan was issued on October 13, 2003; and WHEREAS, no comments were received during the thirty (30) day public comment period on the environmental document; and WHEREAS, the Planning Commission conducted a public hearing on November 17, 2003 to consider a recommendation for adoption of the Initial Study and Negative Declaration for the update of the General Plan and Coastal Land Use Plan; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 17, 2003 to consider a recommendation for adoption of the update of the General Plan and Coastal Land Use Plan and voted unanimously to recommend its adoption to the City Council; and WHEREAS, the City Council has fully considered the Initial Study and Negative Declaration on the update of the General Plan and Coastal Land Use Plan; and Resolution No. 17-04 *age Two WHEREAS, the City Council conducted a duly noticed public hearing on January 26, 2004 and another public hearing on February 23, 2004 following the public hearing, and consideration of the comments by all persons written and oral, the City Council approved the amendment to the General Plan and Coastal Land Use Plan; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HERBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the Initial Study and Final Negative Declaration prepared for the General Plan and Coastal Land Use update is complete and adequate pursuant to the requirements of the California Environmental Quality Act (CEQA) and that the project will not have a significant adverse effect on the environment. SECTION 2. The City Council finds that the General Plan/Coastal Land Use Plan update complies with the requirements of the Government Code Section 65300, as provided in Government Code Article 10.6. SECTION 3. The combined General Plan/Local Coastal Plan shall be submitted to the California Coastal Commission as prescribed by Article 15 of the California Code of Regulation for certification. The Housing, Noise and Safety Elements of the General Plan are not a part of the combined plan and are not to be included in the submittal to the Coastal Commission. SECTION 4.. Upon certification by the California Coastal Commission, the updated plan is hereby approved ®and adopted as the General Plan/Local Coastal Plan of the City of Morro Bay. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter. the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the day of February 23, 2004, by the following vote to wit: AYES: Elliott. Peirce. Peters. Yates NOES: Winholtz ABSENT: None ATTEST: Bridget Bauer, Vity Clerk El RESOLUTION NO. 16-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ON COUNCIL POLICY ON REPORTING TO COUNCIL ON CAPITOL IMPROVEMENT PROJECT BUDGET OVERRUNS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has the ultimate responsibility in the fiscal affairs of the City; and WHEREAS, the City of Morro Bay undertakes Capitol Improvement Projects on behalf of the citizens; and WHEREAS, Capitol Improvement Projects occasionally run over budget; and WHEREAS, the City Council wants to be informed of any overruns and direct where fmancial transfers will occur. 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 does hereby direct the City Manager to immediately inform the City Council whenever a previously approved Capitol Improvement Project runs more than five -percent over budget. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23`d day of February 2004 on the following vote: AYES: NOES: ABSENT: Elliott, Peirce, Peters, Winholtz, Yates None None BRfDGET'ItaAUER, City Clerk ® RESOLUTION NO. 15-04 AUTHORIZATION TO APPLY FOR A GRANT WITH THE CENTRAL CALIFORNIA JOINT CABLE/FISHERIES LIAISON COMMITTEE FOR PURCHASE OF AN ICE -MAKING MACHINE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is port for both commercial and sport fishing fleets; and; and. WHEREAS, currently the commercial and sport fishing fleets obtain ice for their operations through the Oceano Ice Company which is ground and distributed from two locations on the Morro Bay waterfront; and, WHEREAS, the Oceano Ice Company has put its buyers on notice that they will no longer be producing block ice for distribution; and, WHEREAS, since ice is a critical supply need for the fishing vessels using the Morro Bay Harbor the City has been working in conjunction with the Central California Joint ® Cable/Fisheries Liaison Committee (Liaison Committee) to provide ice making capability for the Morro Bay Harbor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that, in order to continue to provide ice for the commercial and sport fishing fleets utilizing the Morro Bay Harbor, the City is hereby authorized to apply for a grant from the Central California Joint Cable/Fisheries Liaison Committee to purchase an ice -making machine. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23`d day of February, 2004, by the following vote: AYES: Elliott. Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None BRIDGETT QkUER, CITY CLERK 11 P.A. C El DESIGNATION OF APPLICANT'S AGENT RESOLUTION RESOLUTION NO: 13-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DESIGNATING AGENTS FOR PUBLIC ASSISTANCE APPLICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY THAT THE CITY MANAGER, OR CITY ENGINEER, OR CITY FINANCE DIRECTOR is hereby authorized to execute for and in behalf of the City of Morro Bay, a public entity established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the natural Disaster Assistance Act. BE IT FURTHER RESOLVED THAT the City of Morro Bay, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the State Office of Emergency Services, for all matters pertaining to such state disaster assistance, the assurances and agreements required. Passed and approved this 23rd day of February 2004 by the following roll call vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ABSTAIN: None &1ajjt �, BRIDGET :� RESOLUTION NO. 12-04 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE JOINT USE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF FACILITIES AND THE PROVISION OF PROGRAMS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has a continuing need for additional recreation facilities which can be partially met using San Luis Coastal Unified School District facilities when not being used for District purposes; and, WHEREAS, San Luis Coastal Unified School District has a continuing need for various facilities which can be met using City of Morro Bay facilities when not being used for City purposes; and, WHEREAS, in June 1992 the City and the District both approved an Agreement for the Use of Community Facilities which outlined the creation of the Joint Facility Use Committee, general provisions, administration of joint facilities and use of equipment; and, WHEREAS, in 2003, the City of Morro Bay and San Luis Coastal Unified School District began negotiating a revised agreement that included amplification and clarification of the components of the original Joint Use Agreement in addition to City of Morro Bay Resolution No. 14-98, specific joint use facilities, the School Resource Officer agreement, a District Fee Schedule and a City of ® Morro Bay Fee Schedule. WHEREAS, the revised agreement was approved by the San Luis Coastal Unified School District Board of Education on January 13, 2004. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay approve the Joint Use Agreement between the City of Morro Bay and the San Luis Coastal Unified School District for the Joint Use of Facilities and the Provision of Programs. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 9 h day of February 2004 by the following role call vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: . None WILLIAM YATES, BRIDGETT is ® CITY COUNCIL RESOLUTION NO. 11-04 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 2003-2004 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 ofCity 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 May ® 27, 2003 by adoption of Resolution No. 30-03; 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 9th day of February, 2004, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None 00 WILLIAM Y S May owe-+tn� BRIDGSTT BAUER. City Clerk E E E Attachment To City Council Resolution 11-04 City of Mono Bay - Finance Department City Council Meeting Date February 9,2004 Approved Budget Adjustments Increase Decrease Rev/Exp Account Number Budget By: Budget By: G/L 001-2930 Credit $ 10,000.00 G/L 001-2967 Debit $ 10,000.00 Rev 001-3510-3011 $ 125,000.00 Rev 001-3510-3068 $ 378,000.00 Rev 001-3510-3220 $ 8,000.00 Total General Fund Revenue Reduction $ 511,000.00 Exp 001-3510-4110 $ 822.00 Exp 001-3510-4910 $ 329.00 Rev 001-4210-3426 $ 4,000.00 Exp 001-4210-4110 $ 2,131.00 Exp 001-4210-4110 $ 20,131.00 Exp 001-4210-4120 $ 20,000.00 Exp 001-4210-4310 $ 10,000.00 Exp 00142104599 $ 78,000.00 Exp 001-4210-4910 $ 853.00 Exp 001-4210-5110 $ 3,000.00 Exp 001-4210-6104 $ 4,000.00 Exp 001-52054110 $ 35,794.00 Exp 001-5205-4910 $ 14,317.00 Exp 001-5205-6106 $ 35,000.00 Exp 001-5205-6106 $ 5,950.00 Exp 001-5205-6106 $ 8,000.00 Ex 001-5205-8721 $ 3,000.00 Exp 001-5230-4110 $ 6,554.00 Exp 001-52304910 $ 2,621.00 Exp 001-5261-6601 $ 2,568.00 Exp 001-5265-6106 $ 25,900.00 Exp 001-5265-6106 $ 2,755.00 Exp 001-5265-6601 $ 10,000.00 Exp 001-61104110 $ 2,131.00 Exp 001-61104910 $ 853.00 Ex 001-6130-4110 $ 2,318.00 Ex 001-61304910 $ 927.00 Exp 001-61404110 $ 7,962.00 Page 2 11 11 Exp 001-6140-4910 $ 3,185.00 Exp 001-6150-4110 $ 14,049.00 Exp 001-6150-4910 $ 5,619.00 Exp 001-6150-6106 $ 10,000.00 _ Exp 001-6160-4110 $ 18,848.00 Exp 001-6160-4910 $ 7,539.00 Ex 001-6160-6106 $ 4,000.00 Exp 001-7710-8580 $ 95,902.00 Total General Fund Expenditure Increase $ 277,254.00 Rev 311-5240-3496 $ 32,326.00 Total Water Revenue Increase $ 32,326.00 Ex 311-5240-4110 $ 11,570.00 Exp 311-5240-4910 $ 1.415.00 Exp 311-5240-6106 $ 17,926.00 Total Water Expenditure Increase $ 30,911.00 Exp 321-5251-4110 $ 1,255.00 Exp 321-5251-4910 1 6,667.00 Total Wastewater Collection Expense Increase $ 7,922.00 Rev 331-6510-3303 $ 40,000.00 Rev 331-6510-3303 $ 35,000.00 Rev 331-6510-3830 $ 23,258.00 Total Harbor Fund Revenue Increases $ 98,258.00 Exp 331-6510-4110 $ 18,395.00 Exp 331-6510-4910 $ 4,863.00 Exp 331-6510-6106 $ 40,000.00 Exp 331-6510-6106 $ 35,000.00 Total Harbor Fund Expenditure Increases $ 98,258.00 Exp 904-7710-8540 $ 8,215.00 otal Park Fee Fund Expenditure Increase $ 8.215.00 Ex 911-1111-6106 $ 10,000.00 Exp 911-8019-8540 $ 26,000.00 Exp 911-8128-6106 $ 10,000.00 Exp 911-8229-8540 $ 125,000.00 Exp 911-8317-8540 $ 10,000.00 Exp 911-8408-8540 $ 23,258.00 Total CIP Fund Expenditures $ 137,742.00 Rev 911-8417-3830 $ 125,000.00 Rev 911-9823-3830 $ 26,000.00 Rev 911-8318-3830 $ 18,215.00 otal CIP Fund Revenue Increase $ 169,215.00 Ex 952-11116106 $ 15,000.00 otal wastewater Collection Capital -Fund Expenditure Inc $ 15,000.00 The City Council directed staff to modify Staff Recommendation #2 to read "Provide the City Council with an evaluation on any position that becomes vacant, and return to the City Council for a final decision." The City Council amended Staff Recommendation 6(A) to read "Impose across the board budget cuts that require sacrifice by all departments whenever possible." . The Citv Council also added: Recommendation 6(D) "Encourage the City Manager to solicit information from employees where budget cutting can be made, and provide some reasonable incentive to do so." 11 ® Page 4 ® RESOLUTION NO. 10-04 A RESOLUTION APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Department of Housing and Community Development is requesting proposals from eligible small counties and cities for funding from the 2004-2005 funding cycle of the Community Development Block Grant (CDBG) Programs; and WHEREAS, the City of Morro Bay is a local public entity organized under the laws of the State of California and is eligible to participate in the State CDBG Program; and WHEREAS, the City Council certifies that the City's citizen participation plan is in compliance with federal statute and the plan was followed in the development of the ® application, and WHEREAS, this resolution is set forth to approve an application, provide direction and authorize contract execution and any amendments thereto for funding provided by the State Community Development Block Grant Program (CDBG); and WHEREAS, health and safety concerns arising from the substandard conditions found in the Target Areas are documented; and WHEREAS, the City Council has reviewed the grant application proposal. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City Council has reviewed and approves the application for $330,605 for a Housing Rehabilitation Program under the General Allocation of the CDBG Program affecting Census Tract 105, Block Groups 2, 3 & 5, and Census Tract 106, Block Group 5 and hereby approves the application for submittal. a. Housing Rehabilitation b. General Administration c. Activity Delivery Total El $260,000 $ 23,205 49,400 $330605 u �;D Resolution No. 10-04 Page Two 2. The City Council approves the local contributions as outlined in the approved application set forth therein, in the amount of $37,500. This contribution will be made in the form of either cash, in -kind staff for General Administration & Activity Delivery, or fee waivers to the program. 3. The City Council has determined that federal citizen participation requirements were met during the development of this application. 4. If the application is approved, the City Manager, or the Public Services Director is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for the purposes of this grant and to perform any and all responsibilities in relationship to the approved 'Agreement, including preparing, signing, and transmitting reports, requests for funds and any other required administrative documentation. 5. The City of Morro Bay hereby certifies that all uses of the funds will he in compliance with CDBG regulations, the guidelines thereto, and the standard agreement governing the use of program funds. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of February 2004 on the following vote: AYES: NOES: ABSENT: ABSTAIN ► NH&Ia Elliott, Peirce, Peters, Winholtz, Yates None None None a,,- e BRIDGE BAUER, City Clerk WILLIAM YAT S,. ayHr ® RESOLUTION NO. 09-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING MORRO BAY AS A "BUSINESS FRIENDLY CITY" THE CITY COUNCIL City of Morro Bay, California WHEREAS, the business community of Morro Bay generates a significant portion of the City's general fiord revenues; and WHEREAS, the business community's contribution to the City's general fund through sales taxes, transit occupancy tax, and business license revenues translates into services for the citizens; and WHEREAS, the business community is the major employer in the City generating a payroll that further fuels the flow of revenues into the City; and WHEREAS, the City supports the business community by its contributions to the Promotions Committee, the VCB, and the Chamber of Commerce; and ® WHEREAS, it is the City Council's goal to help attract more visitors to Morro Bay, especially during the slow winter period. 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 does hereby declare Morro Bay a "Business Friendly City". and encourages City staff to embrace a business -friendly view in conducting the City's business. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of February 2004 on the following vote: AYES: Elliott. Peirce, Peters, Winholtz_, Yates NOES: None ABSENT: None ATTEST: -� 1 '. ' �! I.IW E WILLIAM YA ® RESOLUTION NO.08-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA REQUIRING ONE -WEEK NOTIFICATION PRIOR TO PARKING OR SIDEWALK CLOSURE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay supports positive communication between the City, citizens, and businesses; and WHEREAS, it is the desire of the City Council to inform business and citizens a reasonable time before disruption to parking or sidewalks, be it caused by street work or special event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City Council hereby directs that the City shall make a ® concerted effort to inform relevant business and property owners, via posting or memorandum, one week prior to the disruption of parking or sidewalk access. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of February 2004 on the following vote: AYES: NOES: ABSENT: ATTEST: Elliott, Peirce, Peters, Winholtz, Yates None None . . UEA, City Clerk RESOLUTION NO.07-04 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DISCOURAGING STREET WORK BETWEEN MEMORIAL DAY AND LABOR DAY, THE TEN DAYS PRIOR TO CHRISTMAS, AND MAJOR HOLIDAY WEEKENDS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is host to over one -million visitors every year, the vast majority of whom visit during the summer months and major holidays; and WHEREAS, the City acknowledges the existence of increased traffic and a parking shortage during the summer months and during major holidays; and WHEREAS, when street work is undertaken during the summer months and major holidays, traffic congestion often occurs and valuable parking spaces are lost. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that it is the City's goal - letting common sense prevail - that all street work, including striping, trenching, re -paving, sealing, tree trimming, and any other street maintenance or improvements that may cause traffic congestion or loss of parking spaces, be undertaken during the nine months from Labor day to Memorial Day, excluding the ten days before Christmas and during major holiday weekends. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of February 2004 on the following vote: AYES: NOES: ABSENT: ATTEST: Elliott, Peirce, Peters, Winholtz, Yates None None sit] ME Main REGA-361 M CAI ® RESOLUTION NO. 06-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 2003 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 2004 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code, calls for the City Council of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the Public Services Director 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, 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 5th day of January 2004 the Planning Commission held a duly noticed public meeting, and following its review of the report the Planning Commission made its ® recommendations to the City Council regarding the allocation program for the year 2004; and WHEREAS. on the 26th day of January, 2004, the City Council did hold a duly noticed Public Hearing on the 2003 Annual Water Progress Report and the proposed 2004 Water Allocation Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: A. The City Council of the City of Morro Bay hereby receives and accepts the 2003 Annual Progress Water Report as submitted by Public Services Director, as incorporated herein as if attached hereto; and B. A Water Allocation Program for the year 2004 is hereby adopted by the City Council of the City of Morro Bay containing the following elements: 1. Allocate the mix of residential units to 60 percent single-family and 40 percent multi -family units; and authorize the corresponding water equivalency allocation for residential uses at 100 weu's (water equivalency units, or weu's, are currently used for tracking project water usage). C1 City Council Resolution No. 06-04 2003 Annual Water Progress Report & Residential Allocation for 2004 Page 2 Process Residential Allocations limits on a first -come/ first -serve basis, based on the priorities contained in the current General Plan and Local Coastal Plan policies. Unused multiple family residential weu's may be rolled over to single family dwellings after September 30, 2004; Authorize allocation of 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: The potential for rolling over unused water allocations to next year is not precluded by this action. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 26th day of January, 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates ® NOES: None ABSENT: None ATTEST: 11 ® RESOLUTION NO.05-04 A RESOLUTION APPROVING THE CITY OF MORRO BAY RELOCATION ASSISTANCE PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Council, City of Morro Bay, California WHEREAS, the City Council of the City of Morro is applying for and may continue to receive grant funding from the Community Development Block Grant Program; and WHEREAS, due to the Federal source of funding requested, the City is required as part of the special condition clearance process to have a Residential Anti -displacement and Relocation Assistance Plan made part of and attached hereto as Exhibit A. BE IT RESOLVED by the City Council of the City of Morro Bay hereby approves the Residential Anti -displacement and Relocation Assistance Plan attached hereto as Exhibit A; and ® BE IT FURTHER RESOLVED that City Manager is hereby authorized to sign all documents related to and required by the program and to implement the program on behalf of the City of Morro Bay. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on February 9, 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ABSTAIN: None `,1 ® RESOLUTION NO.04-04 A RESOLUTION APPROVING THE CITY OF MORRO BAY PROGRAM INCOME REUSE PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Council, City of Morro Bay, California WHEREAS, the City Council of the City of Morro is applying for and may continue to receive grant funding from the Community Development Block Grant Program, and WHEREAS, the repayment of these funds has and will generate program income; ME WHEREAS, pursuant to the 24CFR 570.489 (e) and (f), 24CFR 570.500, 24CFR 570.504, and the contracts executed with the Department of Housing and Community Development, the City has developed a Program Income Reuse Plan made part of and attached hereto as Exhibit A. BE IT RESOLVED by the City Council of the City of Morro Bay hereby approves is the Program Income Reuse Plan attached hereto as Exhibit A; and BE IT FURTHER RESOLVED that City Manager is hereby authorized to sign all documents related to and required by the program, and to implement the program on behalf of the City of Morro Bay. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on January 26, 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None W OU' - WILLIAM YATES4 ATTEST: ® BRIDGEYCBAUER, City Clerk ® RESOLUTION NO.03-04 A RESOLUTION APPROVING THE CITY OF MORRO BAY HOUSING REHABILITATION PROGRAM GUIDELINES FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Council, City of Morro Bay, California WHEREAS, the City Council of the City of Morro is applying for and may continue to receive grant funding from the Community Development Block Grant Program; and WHEREAS, in accordance with the State requirements, the City is required to maintain and update the Housing Rehabilitation Program Guidelines made part of and attached hereto as Exhibit A. BE IT RESOLVED by the City Council of the City of Morro Bay hereby approves the Housing Rehabilitation Program Guidelines attached hereto as Exhibit A; and BE IT FURTHER RESOLVED that City Administrator is hereby authorized to ® sign all documents related to and required by the program and to implement the program on behalf of the City of Morro Bay. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on January 26, 2004 by the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None WILL AM YATES, a or ATTEST: BRIDGE AUER, City Clerk ® RESOLUTION NO.02-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ELECTING TO BECOME SUBJECT TO THE UNIFORM CONSTRUCTION COST ACCOUNTING PROCEDURES THE CITY COUNCIL City of Morro Bay, California WHEREAS, prior to the passage of Assembly Bill No. 1666, Chap. 1054 Stats. 1983. which added Chapter 2 commencing with Section 22000 to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and .WHEREAS, public Contract Code Section 22000 et seq., the Uniform Public Construction Cost Accounting Act, establishes such a uniform cost accounting standard; and WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of ® Morro Bay does hereby elect under Public Contract Code Section 22030 to become subject to the uniform construction cost accounting procedures set forth in the Act and to the Commission's policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs that the City Attorney notify the State Controller forthwith of this election. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of January 2004 on the following vote: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None ATTEST: �V�rr- Iri re: 0 n WILLIAM YATES, RESOLUTION NO. 01-04 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 WHEREAS, the City of Morro Bay first adopted its current investment policy in 1996 and that policy was further refined during 1997 and 1998. 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 12th day of January, 2004, by the following vote to wit: AYES: Elliott, Peirce, Peters, Winholtz, Yates NOES: None ABSENT: None YATES Mayor BRIDGETT 8AUER City Clerk