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HomeMy WebLinkAboutResolutions 01-07 to 63-07RESOLUTIONS 2007 NO. TITLE ADOPTED 63-07 RESOLUTION ACCEPTING AN OFFER OF - DEDICATION OF AN EASEMENT FOR CITY RIGHT OF WAY AND PUBLIC SIDEWALK PURPOSES ALONG THE PINEY WAY FRONTAGE OF 461 PINEY WAY 12-10-07 A RESOLUTIONS 2007 NO. TITLE ADOPTED 54-07 RESOLUTION ACCEPTING ROBERT HENDRIX RESIGNATION AS CITY MANAGER AND APPROVING APPOINTMENT OF ANDREA LUEKER AS INTERIM CITY MANAGER 10-22-07 55-07 RESOLUTION ESTABLISHING USER RATES FOR RESIDENTIAL WASTEWATER SERVICES 11-13-07 56-07 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS FOR CALIFORNIA PROPOSITION 1B TRANSIT FUNDS 11-13-07 57-07 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS TO THE RURAL TRANSIT FUND ® GRANT PROGRAM 11-13-07 58-07 RESOLUTION RELATING TO THE CLASSIFICATION AND TERMS OF EMPLOYMENT OF THE MISCELLANEOUS EMPLOYEES OF THE CITY OF MORRO BAY 11-13-07 59-07 RESOLUTION RELATING TO THE CLASSIFICATION AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES OF THE CITY OF MORRO BAY 11-13-07 60-07 RESOLUTION OF INTENT TO PURCHASE THE FINANCIAL SOFTWARE UPGRADE FROM NEW WORLD SYSTEMS 12-10-07 61-07 RESOLUTION APPROVING AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 34W LOCATED ADJACENT TO 225 MAIN ST. 12-10-07 62-07 RESOLUTION APPROVING SECOND AMENDMENT TO THE LEASE AGREEMENT FOR LEASE SITE 30W-33W LOCATED ADJACENT TO 201 MAIN ST. 12-10-07 0 0 RESOLUTIONS 2007 NO. TITLE ADOPTED 47-07 RESOLUTION ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT FOR THE CITY OF MORRO BAY, AND SUBSEQUENT DOCUMENTATION ACCOMPANYING SUCH REPORT AND ESTABLISHING DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY 10-08-07 48-07 RESOLUTION ADOPTING THE FINAL PARKING MANAGEMENT PLAN FOR THE CITY 10-08-07 49-07 RESOLUTION AUTHORIZING IN -LIEU PARKING FEE FUNDS TO BE APPROPRIATED FOR THE ® PARAKING MANAGEMENT PLAN RECOMMENDATION ON TROLLEY EXPANSION 10-08-07 50-07 RESOLUTION ADDING TO AND AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING USE OF CITY LETTERHEAD AND USE OF SPEAKER SLIPS AT CITY COUNCIL MEETINGS 10-08-07 51-07 RESOLUTION IN SUPPORT OF SHIPS TO REEFS INC. CONCEPT OF ESTABLISHING ARTIFICIAL REEFS IN THE WATERS OFF SHORE OF ESTERO BAY IN SAN LUIS OBISPO COUNTY 10-08-07 52-07 RESOLUTION ADOPTING AN EXPENSE REIMBURSEMENT POLICY FOR ELECTED AND APPOINTED OFFICIALS 10-08-07 53-07 RESOLUTION ADOPTING CHANGES TO THE MORRO BAY MASTER FEE SCHEDULE 10-08-07 El ® RESOLUTIONS 2007 NO. TITLE ADOPTED 41-07 RESOLUTION FOR THE APPLICATION/ AUTHORIZATION/REE%IBURSEMENT FOR THE SMALL COMMUNITY WASTEWATER GRANT PROGRAM 08-27-07 42-07 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AMENDMENT TO GRANT AGREEMENT WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR MORRO BAY STATE PARK REHABILITATION PROJECT 08-27-07 43-07 RESOLUTION AUTHORIZING THE SUBMITTAL OF THE CALIFORNIA STATE DEPARTMENT OF. HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT ® PARTNERSHIPS PROGRAM 08-27-07 44-07 RESOLUTION AUTHORIZING COOPERATIVE PURCHASING AGREEMENTS 09-10-07 45-07 RESOLUTION ACCEPTING $100,000 FROM THE STATE OF CALIFORNIA CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM 09-24-07 46-07 RESOLUTION DESIGNATING PRIMARY AND SECONDARY PROPOSERS FOR LEASE SITE 87-88/87W-88W AND AUTHORIZATION FOR THE PRIMARY PROPOSER, CALDWELL/REDICAN TO APLY FOR DEVELOPMENT PERMITS FOR LEASE SITE 87-88/87W-88W LOCATED AT 933 EMBARCADERO 09-24-07 El E L RESOLUTIONS 2007 NO. TITLE ADOPTED 32-07 RESOLUTION ESTABLISHING APPROPRIATIONS LIMITS 06-11-07 33-07 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A LINE OF CREDIT WITH FIRST BANK OF SAN LUIS OBISPO AND DESIGNATING TRANSACTION OFFICERS 06-11-07 34-07 VOID 35-07 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-25-07 36-07 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-25-07 37-07 RESOLUTION APPROVING TWO SUBLEASE AGREEMENTS FOR PORTIONS OF LEASE SITE 124-128/124W-128W LOCATED AT 1215 EMBARCADERO 07-09-07 38-07 � 11 39-07 RESOLUTION AMENDING THE GUIDELINES FOR MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION 07-09-07 40-07 RESOLUTION APPROVING INITIATION OF PROCEEDINGS FOR THE ANNEXATION OF CITY - OWNED PROPERTIES IN THE CHORRO VALLEY 08-13-07 ®, RESOLUTIONS 2007 NO. TITLE ADOPTED 25-07 RESOLUTION AWARDING THE CONTRACT FOR MORRO BAY HARBORWALK PROJECT 05-14-07 26-07 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC SIDEWALK PURPOSES ALONG THE PARK STREET FRONTAGE OF 210 ATASCADERO RD. 05-29-07 27-07 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF A 10' WIDE SEWER EASEMENT AT MINERS ACE HARDWARE LOCATED AT 520 ATASCADERO ROAD 05-29-07 28-07 RESOLUTION DECLARING THE CITY'S ® INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE 05-29-07 29-07 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA 05-29-07 30-07 RESOLUTION AUTHORIZING TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT'S COMMUNITY FACILITIES PROGRAM FOR PURCHASE OF FIRST RESPONDER EQUIPMENT 05-29-07 31-07 RESOLUTION ADOPTING THE OPERATING BUDGETS FOR THE 2007-2009 BUDGET CYCLE AND APPROPRIATING FUNDS FOR THE FISCAL YEAR 2007-2008 FOR THE CITY OF MORRO BAY 05-29-07 El 1 RESOLUTIONS 2007 NO. TITLE ADOPTED 18-07 RESOLUTION SUPPORTING ESTABLISHMENT OF AN URBAN FOREST MANAGEMENT PLAN AND COMPREHENSIVE TREE PROGRAM FOR THE, CITY OF MORRO BAY 04-09-07 19-07 RESOLUTION APPROVING A SUBLEASE FOR A PORTION OF LEASE SITE 67/67W, LOCATED AT 575 EMBARCADERO 04-23-07 20-07 RESOLUTION OF ASSIGNMENT FOR LEASE SITE 86/86W LOCATED AT 801 EMBARCADERO, AND APPROVING A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 86/86W BETWEEN 801 EMBARCADERO LLC AND EMBARCADERO ®, GRILL LLC 04-23-07 21-07 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 05-14-07 22-07 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 05-14-07 23-07 RESOLUTION APPROVING SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 53-56/53W-56W LOCATED AT 501 EMBARCADERO 05-14-07 24-07 RESOLUTION AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING EX PARTE COMMUNICATIONS 05-14-07 r E' 4, RESOLUTIONS 2007 NO. TITLE ADOPTED 09-07 10-07 11-07 RESOLUTION ACCEPTING THE FINAL MAP FOR AN APPROVED 7-LOT RESIDENTIAL SUBDIVISION KNOWN AS TRACT 2602 RESOLUTION OF INTENTION TO APPROVE 02-26-07 AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 02-26-07 RESOLUTION AMENDING AND ESTABLISHING GUIDELINES FOR MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION 03-12-07 12-07 RESOLUTION APPROVING ENTERING INTO COOPERATIVE AGREEMENT WITH THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS 03-12-07 13-07 RESOLUTION APPROVING AMENDMENT #3 TO LEASE AGREEMENT FOR LEASE SITE 144/144W LOCATED AT 1287 EMBARCADERO 03-12-07 14-07 RESOLUTION APPROVING SUBLEASE FOR A PORTION OF LEASE SITE 113W LOCATED ADJACENT TO 1215 EMBARCADERO 03-12-07 15-07 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES 03-12-07 16-07 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF CONFIDENTIAL EMPLOYEES 03-12-07 17-07 RESOLUTION APPROVING AMENDMENT #1 TO LEASE AGREEMENT FOR MOORING ZONE Al 4 WITH MORRO BAY MARINA 03-26-07 RESOLUTIONS 2007 NO. TITLE ADOPTED 01-07 RESOLUTION ADOPTING THE CITY INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS 01-08-07 02-07 RESOLUTION AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS 01-08-07 03-07 RESOLUTION PROVIDING WORKERS' COMPENSATON COVERAGE FOR IDENTIFIED CITY VOLUNTEERS PURSUANT TO THE PROVISIONS OF SECTION 3363.5 OF THE LABOR CODE 01-08-07 ® 04-07 RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE INTERIM YEAR RATE ADJUSTMENT APPLICATION AND ADJUSTING SOLID WASTE COLLECTION RATES 01-22-07 05-07 RESOLUTION APPROVING SUBMISSION OF STATE TRANSIT ASSISTANCE GRANT APPLICATIONS 01-22-07 06-07 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF FIRE EMPLOYEES 01-22-07 07-07 RESOLUTION AUTHORIZING THE MID -YEAR 2006/07 AMENDMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT BUDGETS 02-13-07 08-07 RESOLUTION APPROVING ADOPTION OF CALIFORNIA PUBLIC EMPLOYEES' DEFERRED COMPENSATION PLAN 02-26-07 E C 11 RESOLUTION NO. 63-07 A RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR CITY RIGHT OF WAY AND PUBLIC SIDEWALK PURPOSES ALONG THE PINEY WAY FRONTAGE OF 461 PINEY. WAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, on March 26, 2007 a Coastal Development Permit was issued for demo/reconstruct of a single family residence at 461 Piney Way; and WHEREAS, the Piney Way frontage of 461 Piney Way requires an offer of dedication to the City for City Right of Way and sidewalk purposes; and WHEREAS, the Owners, Luis Dean Calderwood, Karen Calderwood and Michael Calderwood has made an irrevocable and perpetual offer to dedicate the required eighteen foot wide easement to the City; and WHEREAS, it is in the public interest to accept the offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached offer of dedication is hereby accepted on behalf of the public. PASSED AND ADOPTED bj the City Council of the City of Morro Bay at a regular meeting thereof held on the 10 day of December 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ® RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: City of Morro Bay Public Services 955 Shasta Avenue Morro Bay, CA 93442 OFFER OF DEDICATION (for streets and highway purpose) For a valuable consideration, receipt of which is hereby acknowledged, Luis Dean Calderwood, Karen Calderwood and Michael Calderwood, the undersigned, being present fee title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Morro Bay and its successors or assigns, for street and highway purposes, the real property situated in the City of Morro Bay, County of San Luis Obispo, State of California, as described in EHIBIT "A" and shown on Exhibit `B" attached hereto. It is understood and agreed that the City of Morro Bay and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City of Morro Bay. ® The provisions hereof shall insure to the benefit of and be binding upon heirs, successors, assigns and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, these presents have executed this instrument this �6 day of Now 200 7. A.P.N. 066 - 186 - 005 Date 20PT 11 Printed Namefritle: Luis Dean Calderwood/Owner Printed Nameffitle: Karen Calderwood/Owner Printed Nameffitle: Michael Calderwood/0wner NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO IV1e1i.�`x� I uG�a.l'r On \/, 007beforeme NDfkLt1 PI)h1jc_ personally appeared P n !i stow><DooC�- personally known to me (or proved to me on the ba i�satisfactory evidence) to be the person(Sj whose manex� is/subscribed to the within instrument and acknowledge to me that he/,k%/tby;� executed the same in hisfbl5rhV authorized capacity(iP4 and that by his /hir/thpr signature(s) on the instrument the perso?(s), or the entity upon behalf of which the person(o'acted, executed the instruments. WITNESS my hand and official seal. MELISSA TUCI�R COMM. t1886771 0 NOT PUBLIC-CALIFORNIA `i=•�}� SAN LUIS OBISPO COUNTY My Comm. Expires May 14, 2010 b I��y "♦"l-'llTC2'ITl2"R lrl-l-S� NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO i C� On N�,r 1/ /� 1 OV. I (o 02001 before me NO rG u r PUb � r C, personally appeared ka,lj yl cza Ax.0 ocx__ - peryl known to me (or proved to me on the basis of satisfactory evidence) to be the personaaj whose mane(,, jy is/a subscribed to the within instrument and acknowledge to me that hlshe/thK executed the same inA/her/*h authorized capacity(i, and that by hiss/her/tt}eir signature(dJ on the instrument the person(sr the entity upon behalf of which the person(_5�"acted, executed the instruments. WITNESS my hand and official seal. MELISSA TUCKER • COMM. t1666771 O NOTARY PUBLIC-CALIFORNIA p SAN LUIS OBISPO COUNTY � MM My Comm. Expires May 14, 2010 d flu NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO Qo0beoreme P , personally appeared� ichae i,,,jOnjIpf. personally known to me (or proved to me on the b sis of satisfactory evidence) to be the person(s) whose mane is/ayisubscribed to the within instrument and acknowledge to me that he/sV/tho executed the same in his/I Ityu authorized capacity(ieK and at by his /llei/thgdsignature(�on the instrument the person(�or the entity upon behalf of which the personcted, executed the instruments. WITNESS my hand and officialseal. MELISSA TUCKER " l � IL�,C�[yC.`i =••c[ '=•� NOTARY PUBLIC-CALIFORNIA 3 ' SAN LUIS OBISPO COUNTY My Comm. Expires May 14, 2010 d E EXHIBIT A Offer of Dedication ® Legal Description A portion of Lot 6 of Block E of the Cerrito Addition to the Town of Morro, in the City of Morro Bay, County of San Luis Obispo according to the map thereof, filed March 14, 1888, In Book A Page 34 of Maps, records of said County, California and that portion of the Northeast quarter of the Southeast quarter of Section 36, In Township 29 South, Range 10 East, Mount Diablo Base and Meridian, according to the official plat or plats of the Survey of said lands returned to the General Land Office by the Surveyor General, described as follows; The Easterly 18 feet of that certain parcel of land described indeed to Raymond G. Massey et. ux. recorded in Book 592 at page 411 more particularly described as follows: Beginning at the Southwest corner of that certain parcel of land described in deed to Raymond G. Massey et. ux. recorded in Book 592 at page 411 as shown on Record of Survey filed in Book 96 of Records of Surveys at page 16; thence South 890 32' 42" East along the south line,of said Lot 6 a distance of 58.23 feet to a 1 1/4" iron pipe "LS 3877"; thence continuing South 890 32' 42" East a distance of 4.36 feet to the True Point of Beginning; thence 1) South 890 3242" East along the south line of land described in deed to Raymond G. Massey et. ux. recorded in Book 592 at page 411 a distance of 18.00 feet to the ® southeast corner thereof, said point being witnessed by a 5/8" rebar "LS 5702"; thence 2) North 000 30' 32" East along the east line of said section 36 and the east line of land described in deed to Raymond G. Massey et. ux. recorded in Book 592 at page 411 a distance of 40.00 to the northeast corner thereof, said point being witnessed by a concrete nail in pavement with tag "LS 5702"; thence 3) North 890 27' 09" West along the north line of land described in deed to Raymond G. Massey et. ux. recorded in Book 592 at page 411 a distance of 18.00 feet; thence 4) South 00030' 32" West parallel and distant 18.00 feet from the east line of Section 36 a distance of 40.03 feet to the True Point of Beginning. The above -described parcel is graphically shown on Exhibit B attached hereto and made a part hereof. M:\06-099 461 Piney Way MB\Legal Description\Legal Description offer of Dedication.ci 9�.\ 9/25/2007 9:17 AM C �� Apr CA EXHIBIT "B" FND N&T N o "LS5139" D PER T RUSED)3 N N NO a 22j \"LS 3ND d77RENAR SOUTH STREET h° PER R3 AND RWELL 4 `ro — 60.00;R1 58.26'M 58.00D1 &D2 CORNERABROM ER46TIESK M&R1 I (BY LENGER) N r p p I CALC TIE LINE +� ANG. 139'46'44"M&R4 0 cn o_ m o N oo I R _ LINE EST. BY 64 RS 9 C m n0 w /� 0R `' r ,�3r- I NOT ACCEPTED o0o r^�iN I f�J J mm Oar jii S A� z o0 0 81.0'D1&D2 EAST LINE OF THE N.W.1/4 (G m tq N89'27'09"W 80.99'M �\ OF THE S.E. 1/4 OF SECTION 00 (j58.23 M not 592 O R /� J J o N89'2T09"W 18.00, DOC. N0. 2006-052107 Iot N00'26'00"E 40.00'Dl N N oo N N00'30'32"E 40.00'M 00 .0 n 18' OFFER OF DEDICATION 00 o Wo 'o FOR STREET PURPOSES o r ('NNN89'29'30"W 81'D1'N89'32' 2"W 18.00' M0N893242W 80.590 rmm cQ' 58.23M / Z moo 62.59'M o } LEGEND P' N o • FND .5/8" REBAR N 4 FND N&T l o c o IQ OR NAIL & TAG 'LS5702" p IS 5139" FND 1 1/4"IP n ;u UNLESS OTHERWISE NOTED. PER R3 ' IS 3877" I i :r S37'59'21"E PER R4 00 0.30'F.T.C. I J W N Z r.�j ao FND 1 1/4"IP p33 LS 3877' I I c S� PER R4 \ w" o o `J 60.06'R4 00 0 60.l8 M1 In N SCALE 1"=30' VISTA COURT M MICHAEL B. STANTON, PLS 5702 OFFER OF DEDICATION FOR 2146 PARKER STREET, SUITE A-1 STREET PURPOSES SAN LUIS OBISPO, CA 93401 PINEY WAY, CITY OF MORRO BAY • 805-594-1960 ® RESOLUTION NO.62-07 APPROVAL OF THE SECOND AMENDMENT TO THE LEASE AGREEMENT FOR LEASE SITE 30W-33W, LOCATED ADJACENT TO 201 MAIN STREET 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 30W-33W; and, WHEREAS, Jay and Mereline Coakley, dba Bayfront Marina, are the lessees of said property; and, WHEREAS, said Lease Site expires January 1, 2008; and, WHEREAS, the Coakleys have agreed to complete plans and construction of a new marine grade electrical system for the slip facilities on the Lease Site; and, WHEREAS, in an effort to maintain slip facilities in the harbor the City of Morro Bay is proposing a 6-year extension to the lease agreement provided that the proposed ® improvement plans are completed and submitted by January 1, 2009, obtain a building permit and expend a minimum of $10,000 on construction of the improvements by January 31, 2010 and complete the electrical system upgrade by December 30, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Second Amendment to the lease agreement for Lease Site 30W-33W is hereby approved and that the Mayor is hereby authorized to execute said amendment. PASSED AND ADOPTED by. the City Council of the City of Morro Bay at a regular meeting held thereof on the I& day of December 2007, by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None E ® SECOND AMENDMENT TO THE LEASE AGREEMENT FOR LEASE SITE 30W-33W This amendment is made and entered into as of this day of December 2007 by and between the City of Morro Bay, a municipal Corporation of the state of California, (hereinafter "City"), and Jay and Mereline Coakley, husband and wife, DBA Bayfront Marina (hereinafter "Lessee") to amend that certain lease agreement for Lease Sites 30W-33W dated May 19, 1964 (herinafter "Lease"). Whereas the County of San Luis Obispo and Union Oil Co. entered into a lease agreement for Lease Sites 30W-33W commencing January 1, 1964, and; Whereas upon incorporation the City of Morro Bay assumed interest in the Lease as Lessor, and; Whereas on April 13, 1981 the lease term was extended up to and including January 1, 2008, and; Whereas on January 14, 2002 the Morro Bay City Council consented to assignment of the Lease to Jay and Mereline Coakley. Now therefore , City and Lessee have agreed to an amendment to the Lease in order to facilitate continuing operation of the recreational boat facilities at the Sites as follows: ® 1. Paragraph Four: shall be amended so that the lease agreement will have a new termination date of December 30, 2013. 2. Lessee shall maintain twenty four (24) slips on the site and complete the following work by the dates shown at Lessee's sole cost and expense or Lessee shall be in material breach of the Lease and subject to any and all remedies allowed by the Lease or under law. a: By January 31, 2009, submit to the City Building Department plans for a new marine grade electrical system including sufficient pedestals and service for the slips on the site. Said plans to be prepared by a licensed electrical engineer or contractor. b. By January 31, 2010 finalize the plans and obtain a building permit for work described above and expend a minimum of $10,000 in construction/installation (not including design, plan review, building permit costs) of the new system in conformance with the building permit as verified by submittal of payment receipt to a licensed and qualified installer or contractor. c. By December 30, 2010 complete construction/installation of the new electrical system for the docks on the site. All other terms and conditions of the Lease shall remain in full force and effect. El Second Amendment Lease Site 30W-33W Page 2 of 2 IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY ManagerAfidrea Lueker, Interim City APPROVED AS TO FORM ��_ k L Robert Schultz, City t rney ATTEST: TENANT —Jay and Mereline Coakley dba Bayfront Marina Mereline Coakley Jay Coakley 11 ® RESOLUTION NO.61-07 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 34W, LOCATED ADJACENT TO 225 MAIN STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 34W; and, WHEREAS, Norman Arnold, dba Distinctive Coastal Properties LLC, is the lessee of said property; and, WHEREAS, said Lease Site expired July 1, 2007 and has been on a month -to - month extension since that time; and, WHEREAS, Norman Arnold has provided documentation on plans to upgrade the slip facilities located on Lease Site 34W; and, WHEREAS, in an effort to maintain slip facilities in the harbor the City of Morro Bay and Norman Arnold are proposing an 11-year extension to the lease agreement ® provided that the proposed improvements are completed by July 1, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment 41 to the lease agreement for Lease Site 34W is hereby approved and that the Mayor is hereby authorized to execute said amendment. PASSED AND ADOPTED by. the City Council of the City of Morro Bay at a regular meeting held thereof on the I(P day of December 2007, by the following vote: AYES: Grantham, Peirce, Winholtz, Peters NOES: DeMeritt ABSENT: None BRIDGET AUER, CITY CLERK ® AMENDMENT #1 TO THE LEASE AGREEMENT DATED APRIL 14, 1997 FOR LEASE SITE 34W This amendment is made and entered into as of this _ day of December 2007 by and between the City of Morro Bay, a municipal corporation of the State of California, (hereinafter "City") and Distinctive Coastal Properties LLC, a sole member corporation with Mr. Norman J. Arnold as the sole member, (hereinafter "Tenant") to amend that certain lease agreement for the ground lease. known as Lease Site 34W (hereinafter "Lease") between City and Tenant dated April 14, 1997. Whereas, the existing Lease for Lease Site 34W was assigned to Norman Arnold on May 27, 2003, and; Whereas, that Lease has an original expiration date of June 30, 2007 and is now on a month - to -month extension, and; Whereas, Tenant has discussed longer term improvements on the Lease area, but has not yet submitted plans for said improvements, and; Whereas, City and Tenant desire to continue the existing four slip marina on said Lease while Tenant considers potential longer term improvements to the Lease. Now Therefore, City and Tenant have agreed to an amendment of the Lease in order to facilitate continuing operations of the recreational boat facilities at the site. Section 1.01 TERM: Shall be amended to extend the term of the Lease an additional period (approximately 11 years) with a new termination date of December 31, 2018. Section 2.03 — ADJUSTMENT TO MINIMUM RENT: The next five year calculation for new minimum rent based on reappraisal of the site shall be on July 1, 2012. Minimum rent for July 1, 2008 and every year thereafter until 2012 shall be adjusted based on increase in the Consumer Price Index as outlined in Section 2.02. The following Sections shall be added to the Lease as follows: Section 13.03 - IMPROVEMENTS TO BE CONSTRUCTED ON SITE NO LATER THAN JULY 1, 2010 On or before July 1, 2010 Tenant will complete the following improvements to the Site: 1. Replace the 2 (two) piles on the northwest end of the slip fingers 2. Purchase and install individual power boxes with meters to each slip. Tenant will obtain all necessary permits and approval for said improvements, and City shall not be responsible for unforeseen delays or conditions in permit approvals or actual construction -and installation. Section 13.04—ACCESS AND PARKING Tenant shall: 1. Provide a legal right-of-way access to the slips via a walkway ® 2. Provide use of 5 parking spaces for the boat slip tenants. LS 34 W — AMENDMENT #1 Page 2 of 2 Section 13.05 — Conditions Pending Assignment of Water Lease 35W-36W Should the City reach an agreement to lease the adjacent Water Lease Site, Tenant agrees to the following: 1. Tenant shall allow establishment of a temporary power box on Lease Site 34W for use of the City and/or tenant at Lease Site 35W-36W, provided the user pay all service and associated costs. Tenant shall have no liability or responsibility for any damages or losses incurred in the event such temporary power is not available for any reason what so ever. Tenant may terminate the use of the temporary power box by providing City and Tenant of Lease Site 35W-36W with 60 days advance written notice. 2. Tenant may allow access to Lease Site 35W-36W via a separate walkway from Tenant's property to the City and/or tenant at Lease Site 35W-36W. Tenant will obtain all necessary permits and approval for said improvements, and City shall not be responsible for unforeseen delays or conditions in permit approvals or actual construction and installation. Section 13.06 — TENANT'S SHORE SIDE RESTROOM TO BE AVAILABLE 24 HOURS DAILY TO SLIP TENANTS: Tenant has upgraded Tenant's shore side restroom/shower facility and Tenant agrees to make the shore side restroom/shower facility available 24 hours daily to Tenant's slip holders. City acknowledges that Tenant may install a security control system on the shore side restroom, provided that control system allows the access to slip holders as required by this Section 13.06. All other terms and conditions of the Lease shall remain in full force and effect. Failure to comply with all of the terms of this amendment shall be a material breach of the lease and subject to any and all remedies allowed by the lease or under law. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY TENANT 71 Janic eters, May Distinctive Coastal Properties LL Norman J. Arnold, Sole Member Andrea Lueker, Interim City Manager APPROVED AS TO FORM Robert Schultz, City , t Tey ATTEST: �J Bridgett BEGer, City Clerk RESOLUTION NO. 60-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA INTENT TO PURCHASE THE FINANCIAL SOFTWARE UPGRADE FROM NEW WORLD SYSTEMS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay purchased financial software from New World Systems in the 2001/02 fiscal year; and WHEREAS, the software product (Logos) and operating system (AS/400) purchased in 2001/02 were nearing the end of their useful life; and WHEREAS, the cost of procuring new software from another vendor would be much greater than upgrading with the software currently in use; and WHEREAS, New World Systems has offered the City a'deep discount on the product in exchange for the City's acting as a demonstration site for the Logos.NET product. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City has authorized the purchase of the Logos.NET upgrade at a not -to -exceed price of $175,000. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10th day of December 2007, on the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None J E PETERS, Mayor ATTEST: u�.�1..0.1. �► �� `4 � Dq BAUER, City Clerk 0 El 11 RESOLUTION NO. 59-07 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits and conditions of employment with Morro Bay Peace Officers Association; and WHEREAS, the meetings between the Morro Bay Peace Officers Association and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by Morro Bay Peace Officers Association accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salaries, benefits and conditions to said police employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding for the period July 1, 2005 through June 30, 2007 as attached and made a part of this resolution. BE IT FURTHER RESOLVED that the Interim City Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof field this 13'b day of November 2007 by the following vote: AYES: NOES: ABSENT: ATTEST: DeMeritt. Grantham, Peirce, Winholtz, Peters None None BRIDGETn3AUER, 0 EI RESOLUTION NO. 58-07 RESOLUTION RELATING TO THE CLASSIFICATIONS, COMPENSATION AND TERMS OF EMPLOYMENT OF THE MISCELLANEOUS EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits and conditions of employment with SEN Local 620 representing the miscellaneous employees; and WHEREAS, the meetings between the SEN Local 620 and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by SEIU Local 620 accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salaries, benefits and conditions to said miscellaneous employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding for the period July 1, 2007 through June 30, 2008 as attached and made a part of this resolution. BE IT FURTHER RESOLVED that the Interim City Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 13`s day of November 2007 by the following vote: AYES: NOES: ABSENT DeMeritt, Grantham, Peirce, Winholtz, Peters None None 1:1-J10T1J&%V,AT-JER, City Clerk 11 E u RESOLUTION NO. 57-07 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 finds 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 fimds 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 finds 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 fiords with Transportation Development Act (TDA) fiords 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 $471,263 available for competitive distribution and project applications for the 2008/2009 RTF cycle are due December 3, 2007. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council authorizes the Interim City Manager to submit applications to the Rural Transit Fund for the following projects: replacement Dial -A - Ride vehicle; mechanic equipment and tools; trolley stop signage and information kiosks; transit vehicle storagelmaintenance facility; and new trolley for third route expansion. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereofheld on the 13TH day of November 2007 by the following vote: AYES: NOES: ABSENT: ATTEST: DeMeritt, Grantham, Peirce, Winholtz, Peters None None VJO�RA/ BRIDGET AVER, City Clerk RESOLUTION NO. 56-07 A RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS FOR CALIFORNIA PROPOSITION 1B TRANSIT FUNDS THE CITY COUNCIL City of Morro Bay, California WHEREAS, in November 2006, the voters of California passed Proposition 1B which included funding for transit capital projects; and WHEREAS, the San Luis Obispo County region is estimated to receive $12 to $14 million for transit capital projects to be distributed competitively over a five year period with approximately $2.1 million available for the first round of applications; and WHEREAS, the State of California has developed guidelines for the use of these funds, which includes a useful life minimum threshold for requested projects: and WHEREAS, under the guidelines developed by the State of California, the City of Morro Bay is an eligible applicant for these funds; and WHEREAS, the first round of applications requesting the use of Proposition I transit funds are due November 2, 2007. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council authorizes the Interim City Manager to submit applications to the California Proposition I Fund for the following projects: transit vehicle storage/maintenance facility; and new trolley for third route expansion. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereofheld on the 13'x day of November 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, NOES: None ABSENT: None ATTEST: u r�: 0 Winholtz, Peters RESOLUTION NO. 55-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING USER RATES FOR RESIDENTIAL WASTEWATER SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with California Government Code Section 54344, the City Council has the authority to establish fees and charges for the City's Wastewater System; and WHEREAS, the community.of Morro Bay seeks to upgrade the wastewater treatment plant to tertiary treatment standards per the recommendations in the Wastewater Treatment Plant Facility Master Plan and to provide for a properly functioning wastewater collection system, complying with the State Water Resources Control Board requirements and the City of Morro Bay Sewer Collection System Master Plan; and WHEREAS, after review of relevant financial data, it has been determined that existing Wastewater System rates and charges presently generate insufficient revenue for prudent operation of the System for the adequate health, safety, and welfare of the community; and WHEREAS, the financial analysis for the wastewater treatment plant upgrade has ® provided a plan for funding of the treatment plant operations and maintenance activities into the future; and WHEREAS, the City Council finds that an adjustment in rates charged for these services is necessary now to provide adequate funds to commence required activities on the wastewater treatment plant upgrade and the collection system for systems operations, maintenance and replacement; and WHEREAS, a notice of the public hearing of the proposed changes to the wastewater rates was mailed to each rate payer not less than forty-five days prior to the public hearing, in compliance with Section 6 of Article )CM-D of the Constitution of the State of California; and WHEREAS, a duly noticed public hearing of these proposed rate increases was held before the City Council on November 13, 2007; and WHEREAS, at the hearing on November 13, 2007, Jim Nance, Judith Brown, Marcia Turner, John Barta, Nancy Bast, Michael Durrick, Don Rauch and Susan Mullen were present and spoke in opposition to the proposal; and David Nelson and Lanny McKay were present and spoke in support of the proposal; and WHEREAS, on November 13, 2007, the City Clerk advised the Council that 267 written protests of the proposal were received prior to the hearing; and 11 ® WHEREAS, on November 13, 2007, the City Council received two written rate increase protests that were submitted at the time of the public hearing; and WHEREAS, after hearing public testimony and staff s report and recommendations, the City Council has determined that certain rates and charges for the City's Wastewater System should be revised and amended. NOW, THEREFORE, the City Council of the City of Morro Bay hereby resolves as follows: SECTION 1: FINDINGS. After hearing testimony, considering the evidence offered, and duly deliberating the matters presented, the City Council of the City of Morro Bay finds and determines that: A Pursuant to the authority of the Revenue Bond Law of 1941 (Government Code Sections 54300-54700) and of Morro Bay Municipal Code Chapter 13, the City of Morro Bay operates and maintains systems and facilities for the collection, treatment, and disposal of sewage and wastewater; and B. The City Council is empowered to prescribe, revise, and collect charges for the services and facilities furnished by the City's Wastewater System (the "System"); and ® C. The proceedings related to the proposed increases in wastewater rates and charges 'have been duly noticed in compliance with the Constitution of the State of California, Government Code Section 54354.5, and other applicable laws; and C D. The rates and charges set forth below are not discriminatory; and E. The rates and charges set forth below are not excessive, inasmuch as revenues from said rates and charges will not exceed the costs of providing wastewater services; and F. The revenue generated by the rates and charges set forth below will be sufficient to pay the current expenses of maintenance and operation of the System, to honor other City obligations dependent upon System revenues, and to otherwise allow the City to comply with Government Code Section 54515 and other applicable laws and regulations. SECTION 2: WASTEWATER SERVICE RATES AND CHARGES. Based upon these findings, the City Council hereby determines that it is in the interests of the general welfare of the community to adjust rates for Residential and Non -Residential categories pursuant to the following rate schedule: Resolution 55-07: Wastewater Service Rates Page 2 of 4 LJ Single Family Residential $34.02 flat for 10 ccf + $3.04 each ccf over 10 Single Family Condos $34.02 flat for 3 ccf + $3.04 each ccf over 3 Multiple Family Residential $34.02 flat for 10 ccf + $3.04 each ccf over 10 Mobile Home Parks $3.04 per ccf ($34.02 minimum) Commercial/Domestic Strength $3.83 per ccf ($34.02 minimum), Commercial Laundry $3.83 per ccf ($34.02 minimum) Condo - Common Area (with sewer) $3.83 per ccf $34.02 minimum Laundromat $3.04 per ccf ($34.02 minimum) Car Wash $3.04 per ccf ($34.02 minimum) Restaurants $8.79 per ccf ($34.02 minimum) Bakeries $8.79 per ccf ($34.02 minimum) Retirement Home/Hospital $6.87 per ccf $34.02 minimum Motels $5.28 per ccf ($34.02 minimum) Mortuaries $5.73 per ccf ($34.02 minimum) Hotels with Dining $6.87 per ccf ($34.02 minimum) Seafood Processors $8.79 per ccf $34.02 minimum Water Softeners $3.04 per ccf ($34.02 minimum) Schools $3.04 per ccf ($34.02 minimum) Other Public Facilities $3.04 per ccf ($34.02 minimum) City Facilities on Sewer $3.04 per ccf ($34.02 minimum) Power Plant $391.01 flat rate - not read ® SECTION 3: EFFECTIVE DATE. This Resolution is effective upon its adoption. However, the Rate Schedule set forth above in Section 2 shall begin with wastewater billed for the month of July 2008. Except as amended herein, all rates or charges related to the System as contained in Resolutions 39-06 and 59-06 shall remain in full force and effect. El SECTION 4: ANNUAL INCREASES: To reduce the negative impacts of inflation and other cost increases beyond the community's control, a 5% increase in residential rates and a 7.25% increase in non-residential rates shall be effective July 1" of each subsequent year. SECTION 5: COLLECTION. The City Council hereby directs that the rates and charges established by this Resolution shall be billed and collected together with charges for other utility services rendered by the City of Morro Bay. SECTION 6: ENFORCEMENT: In the enforcement of the collection of the rates and charges established herein, the City of Morro Bay may use any available remedy at law or in equity, provided, however, that said rates and charges shall not be collected by means of the San Luis Obispo County Assessor's roll of real property taxes, nor shall any delinquent rates or charges be enforced by means of a lien on real property. Resolution 55-07: Wastewater Service Rates Page 3 of 4 2. 11 PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 13te day of November 2007 by the following vote: AYES: Grantham, Peirce, Peters NOES: DeMeritt, Winholtz ABSENT: None ABSTAIN: None ATTEST: Resolution 55-07: Wastewater Service Rates Page 4 of 4 u E RESOLUTION NO. 54-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ACCEPTING ROBERT HENDRIX'S RESIGNATION AS CITY MANAGER AND APPROVING APPOINTMENT OF ANDREA LUEKER AS INTERIM CITY MANAGER THE CITY COUNCIL City of Morro Bay, California WHEREAS, Robert Hendrix was appointed as City Manager for the City of Morro Bay on December 1, 1997; and WHEREAS, Robert Hendrix has resigned effective October 9, 2007 as City Manager of the City of Morro Bay; and WHEREAS, City Council finds Andrea Lueker is an experienced Public Administrator and has the qualifications necessary to serve as the Interim City Manager of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. Accept Robert Hendrix's resignation as City Manager effective October 9, 2007. 2. Andrea Lueker is hereby appointed as the Interim City Manager of the City of Morro Bay to fulfill the functions of that office as provided by Government Code Section 34851 et seq. and Municipal Code Sections 2.12.010 through 2.12.070, in substitution for Robert Hendrix, who is specifically relieved of that position. PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular'meeting thereof held this 22nd day of October 2007, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: DEMERrrr, GRANTHAM, PEMCE, WINHOLTZ, PETERS None None Bridgett BQaer, City Clerk ® RESOLUTION NO. 53-07 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 needs to be lowered to make project appeals less expensive to the appellants; and WHEREAS, Article 3CII 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 these appeal fees and finds that the lowered fee amounts provide greater access to the general public; 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 to charge a flat appeal fee of $250. 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 October 8, 2007. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8's day of October 2007 on the following vote: AYES: DeMeritt, Grantham, Peirce, Wi NOES: None ABSENT: None ATTEST: 0 ® RESOLUTION NO.52-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING AN EXPENSE REE BURSEMENT POLICY FOR ELECTED AND APPOINTED OFFICIALS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay takes seriously its stewardship over the use of its limited public resources by its officials; and WHEREAS, the City Council for the City of Morro Bay believes that it is important that elected and appointed officials remain informed and trained in issues affecting the affairs of the City and that attendance at institutes, hearings, meetings, conferences, or other gatherings is of a benefit to the City and its citizens; and WHEREAS, such benefits include, but are not limited to: 1. Communicating with representatives of regional, state and national government on City -adopted policy positions and/or other matters of community concern; ® 2. Attending educational seminars designed to improve officials' skill and information levels; 3. Participating in regional, state and national organizations whose activities affect the City's interests; 4. Promoting public service and morale by recognizing such service on the part of City employees, members of the community, and/or other individuals; 5. Attending events that affect the City's interests; 6. Promoting or implementing a strategy for attracting or retaining businesses and other development to the City; and 7. The performance of other such official duties that affect the City's interests; and WHEREAS, in order to promote these endeavors, to protect public resources, and foster public trust in the use of those resources, as well as comply with state law requirements regarding reimbursement of expenses, the City Council hereby sets forth the travel and expense reimbursement policies for the City of Morro Bay; and E ® WHEREAS, this policy applies to members of the City of Morro Bay's "legislative body" as that phrase is defined in Section 54952 of the California Government Code. NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay hereby does approve and adopt the Expense Reimbursement Policy for Elected and Appointment Officials. A. AUTHORIZED EXPENSES City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this Policy are met: 1. Communicating with representatives of regional, state and national government on City -adopted policy positions; 2. Attending educational seminars designed to improve officials' skill and information levels; 3. Participating in regional, state and national organizations whose activities affect ® the City's interests; 4. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost); 5. Implementing a City -approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member; and 6. Meetings such as those listed above for which a meeting stipend is expressly authorized under this Policy. All other expenditures require prior approval by the City Council. Expenses for international and out -of --state travel require prior City Council approval. B. EXPENSES NOT ELIGIBLE FOR REIMBURSEMENT Examples of personal expenses that the City will not reimburse include, but are not limited to: 1. The personal portion of any trip; 2. Political or charitable contributions or events; ® 3. Family expenses, including partner's expenses, when accompanying official on City -related business; Resolution 52-07 Page 2 of 6 ® 4. Entertainment expenses, including theater, movies (either in -room or at the theater), sporting events (including gym, massage and/or golf -related expenses), or other cultural events; 5. Alcohol/personal bar expenses; 6. Non -mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and 7. Personal losses incurred while on City business. Any questions regarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incurred. C. COMPENSATION FOR ATTENDANCE AT MEETINGS Compensation for meeting attendance for elected and appointed members of City boards and commissions shall be as follows: 1. City Council members' salaries shall be set and enacted as mandated by the California Government Code. 2. Compensation for meeting attendance for members of the Planning Commission shall be established by ordinance of the City Council. ® D. TRANSPORTATION If trip arrangements are made, as a convenience, for spouse or family members, reimbursement to the City for any advanced expenses should be received by the City prior to the trip. When attending conferences or meetings that are of such distance that it is more economical to take commercial transportation, if an official proposes to drive his/her car in those cases, commercial air fare will be paid and not automobile mileage. Government and group rates must be used when available. 1. Airfare. Airfares that are reasonable and economical shall be eligible for purposes of reimbursement. 2. Automobile. Automobile mileage is reimbursed at Internal Revenue Service ("IRS'') rates in effect at the time of travel. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. 3. Car Rental. Rental rates that are reasonable and economical shall be eligible for purposes of reimbursement. 4. Taxis/Shuttles. Taxi or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary ® for time -efficiency. Resolution 52-07 Page 3 of 6 ® E. LODGING Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. Travelers must request government rates, when available. If the group rate is not available, reimbursement at the IRS rate in effect at the time of travel shall apply (IRS Publication 463). F. MEALS A local expense reimbursement policy identifying a "per diem" of reasonable rates for meals is not adopted. Receipts for expenses for meals shall be required. Actual expenses shall be reimbursed subject to the maximum per diem for the meal as set by the IRS rate in effect at the time of travel. (See Cal. Gov't Code §53232.2(c) and Publication 1542 at www.irs.gov or www.policyworks.gov/perdiem.) The City will not pay for alcohol/personal bar expenses. G. MISCELLANEOUS EXPENSES Officials will be reimbursed for actual telephone, fax, and parking expenses incurred on City business. Telephone bills should identify which calls were made on City ® business. El H. CASH ADVANCE POLICY From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted to the City Manager ten (10) working days prior to the need for the advance with the following information: l . The purpose of the expenditure(s); 2. The benefits of such expenditure to the residents of City; 3. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and 4. The dates of the expenditure(s). Any unused advance must be returned to the City within five (5) working days of the official's return, along with an expense report and receipts documenting how the advance was used. In the event the City Manager is uncertain as to whether a request complies with this Policy, such individual must seek resolution from the City Council. Resolution 52-07 Page 4 of 6 L CREDIT CARD USE POLICY The City issues credit cards to individual office holders for selected City expenses. City office holders may use the City's credit card for such purposes as airline tickets and hotel reservations by following the same procedures for cash advances. Receipts documenting expenses incurred on the City credit card and compliance with this policy must be submitted within thirty (30) working days of use. City credit cards may not be used for personal expenses, even if the official subsequently reimburses the City. J. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES All cash advance expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory: "All expenses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is _ a public record. Penalties for misusing public resources and violating the City's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability." ® Expense reports must document that the expense in question met the requirements of this Policy. Officials must submit their expense reports within thirty (30) calendar days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. 1 Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. In the event the official does not attend the trip and non-refundable expenses have been incurred for registration, lodging and/or travel, the non -attending official shall submit a written explanation of the reasons for non-attendance to the City Manager. The City Manager shall determine if the public funds advanced must be reimbursed to the City. Any decision of the City Manager may be appealed to the City Council. All expenses are subject to verification that they comply with this Policy. K REPORTS TO CITY COUNCIL, BOARD OR COMMISSION At the next regular City Council (or Planning Commission) meeting, each official shall briefly report on meetings attended at City expense. If multiple officials attended, a joint report may be made. Resolution 52-07 Page 5 of 6 L. COMPLIANCE WITH LAWS; VIOLATION City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All City expenditures are public records subject to disclosure under the Public Records Act and other applicable laws. Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the City's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 8th day of October 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ABSTAIN: None ® / JANICE PEtTERS, Mayor ATTEST: El 12001 ` . 9j, el t�: Resolution 52-07 Page 6 of 6, RESOLUTION NO.51-07 ® SUPPORT FOR SHIPS TO REEFS INC. CONCEPT OF ESTABLISHING ARTIFICIAL REEFS IN THE WATERS OFF SHORE OF ESTERO BAY IN SAN LUIS OBISPO COUNTY THE CITY COUNCIL City of Morro Bay, California WHEREAS the City of Morro Bay is trustee of granted tidelands in Morro Bay -Harbor for the development of commerce, fishery, navigation and recreation; and WHEREAS, the City of Morro Bay desires coastal dependant, coastal related, and visitor serving opportunities within the City and the Harbor; and, WHEREAS the City of Morro Bay has been approached with the concept of creating reefs in sandy bottom habitat by sinking cleaned and diver -rigged surplus or derelict vessels in state waters off of Estero Bay; and, WHEREAS, when completely cleaned and rigged the vessels to be sunk will provide a new recreation diving site "destination" that will be proximate to Morro Bay Harbor and will support additional coastal dependent, coastal related and visitor serving uses, and, WHEREAS, the City of Morro Bay Harbor Department and the Port San Luis Harbor District are working together with members of the public and the Ships to Reefs organization to determine exact siting, permitting requirements and timing for future ® sinking of vessels for artificial reef purposes in San Luis Obispo County; and, WHEREAS, the Ships to Reefs organization has offered to carry the financial burden of the project through use of federal or private funds to be made available for disposing of surplus federal ships. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay supports the concept of creation of artificial reefs in San Luis Obispo County off of Estero Bay, provided that the project is a benefit to the environment, the local economy and coastal related uses. BE IT FURTHER RESOLVED, that the Harbor Department of the City of Morro Bay is hereby authorized to support the project as to siting and permitting and logistics of the vessels with the understanding that the City of Morro Bay has no financial resources to apply to the project at this time. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8 day of October 2007, by the following vote: AYES: DeMeritt, Grantham, Peirce --Win ltz, Peters NOES: None ABSENT: None PETERS, MA BRIDGETtBAUER, RESOLUTION NO. 50-07 ®� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADDING TO AND AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING USE OF CITY LETTERHEAD AND USE OF SPEAKER SLIPS AT CITY COUNCIL MEETINGS 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 add Section 5.4 to the Council Policies and Procedures Manual in regard to the use of City letterhead and to amend Section 1.3.9.3.5 of the Council Policies and Procedures Manual in regard to the use of speaker slips at public hearings, as follows: ® 1.3.9.3.5 For Public Hearings. when 10 or more members of the public desire to speak the Mayor or Mayor Pro Tern may require speaker slips be completed and delivered to the Clerk before the item is considered. 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. 5.4 USE OF CITY LETTERHEAD Staff will not prepare correspondence representing a Councilmember's personal point of view or a dissenting point of view from an official City policy or Council position. If Councilmembers use their title, position, or City letterhead to egress a personal opinion, the official City position must be stated clearly so the audience understands the difference/relationship between the official City position and the viewpoint of the Councilmember. A copy of any and all correspondence developed by or for a Councilmember on City letterhead shall be provided to the City Manager and the rest of the City Council. NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby amend Section 1.3.9.3.5 and add Section 5.4 to 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 8th day of October 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ABSTAIN: None JANICE P TERS, Mayor ATTEST: • Irr r� : � Resolution 50-07 Page 2 of 2 ® RESOLUTION NO. 49-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING IN -LIEU PARKING FEE FUNDS BE APPROPRIATED FOR THE PARKING MANAGEMENT PLAN RECOMMENDATION ON TROLLEY EXPANSION THE CITY OF MORRO.BAY Morro Bay, California WHEREAS, In -Lieu Parking Fees were established, codified as Morro Bay Municipal Code Section 17.44.020A.7, as a means through which public parking can be provided where it is unfeasible to provide such parking as part of on -site development projects; and WHEREAS, Morro Bay Municipal Code Section 17.44.020A.7.b states that monies accumulated in the Parking In -Lieu Fund shall be used for planning, design, acquisition or lease of land and development/redevelopment of public parking facilities and for public transit facilities providing access to said parking; and WHEREAS, at the June 25, 2007 City Council meeting, the Council considered recommendations from the Parking Management Plan which included a recommendation to separate Route 1 Downtown/Embarcadero route into two routes to shorten the headway, encouraging more people to ride the trolley from public parking areas near trolley stops; and WHEREAS, Council expressed support for expanding service to add a third trolley route dedicated along the Embarcadero as described in the Parking Management plan; and ® WHEREAS, Council reaffirmed this support at the joint City Council/Planning Commission study session on September 17, 2007; and WHEREAS, the funds appropriated from the In -Lieu Parking fund would be used for the City's required local match to any awarded grant for the acquisition of a new trolley and for the additional operating costs associated with the third route expansion. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, that the City's local match to any awarded grant for the acquisition of a new trolley and for the additional operating costs associated with the third route expansion are hereby designated as a project for use of In -Lieu Parking Fee funds. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 8th day of October 2007 by the following roll call vote: AYES: Grantham, Peirce, Peters NOES: DeMeritt, Winholtz ABSENT: None ABSTAIN: None BRIDGET-rl6kUER, ® RESOLUTION NO.48-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE FINAL PARKING MANAGEMENT PLAN FOR THE CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council decided that it was necessary and desirable to prepare a comprehensive Parking Management Plan for the downtown and Embarcadero areas; and WHEREAS, the City contracted with TPG Consulting, Inc. for a comprehensive evaluation of the downtown and Embarcadero area parking needs, supply and demand assessment, and alternative management strategies for a more efficient and effective use of both public and private parking resources; and WHEREAS, TPG prepared a report, entitled the Final Parking Management Plan for the City of Morro Bay, California, in October of 2007 (attached hereto as Exhibit A); and WHEREAS, the Parking Management Plan for the City of Morro Bay, California, has been available for public review and comment; and WHEREAS, following the issuance of the initial draft of the plan in April 2007 Parking ® Management Plan for the City of Morro Bay, California, the City held a numerous public hearings on the plan with the Harbor Commission, Public Works Advisory Board, Planning Commission and other civic groups and received additional information; and WHEREAS, the*Final Parking Management Plan establishes the policy framework for which to base subsequent decisions on Capital Improvement Projects that implement the recommendations of the plan; and WHEREAS, the City Council desires to align all parking related polices in accordance with the recommendations and conclusions of the Final Parking Management Plan; and NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Consistency with General Plan. The City Council finds that the parking conditions and management tools to effectively utilize parking resources in the downtown and Embarcadero areas are consistent with the City's General Plan and Local Coastal Plan. �J ® SECTION 2. CEQA Finding. The adoption of the Final Parking Management Plan is categorically exempt from environmental review pursuant to section 15061(b)(3) of the California Environmental Quality Act guidelines. The intent of the management plan is to manage parking resources and mitigate parking related impacts to the greatest practicable extent within the City's financial constraints. SECTION 3. Adoption of Final Parking Management Plan Report. The Final Parking Management Plan prepared by TPG Consulting, Inc. for the City of Morro Bay, California, is hereby adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay this 8th day of October 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ® ABSTAIN: None J CE PETERS/Mayor, ATTEST: BRIDGE' ALTER, City Clerk APPROVED AS TO FORM: ROBERT SCHLTL Z, ity Attorney El 0 RESOLUTION NO. 47-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT FOR THE CITY OF MORRO BAY, CALIFORNIA, AND SUBSEQUENT DOCUMENTATION ACCOMPANYING SUCH REPORT AND ESTABLISHING DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council decided that it was necessary and desirable to conduct a comprehensive review of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to development projects; and WHEREAS, the City contracted with MuniFinancial for a comprehensive evaluation of the City's existing development impact fees; and WHEREAS, MuniFinancial prepared a report, entitled the Public Facilities Fee Study for the City of Morro Bay, California, in September of 2007 (attached hereto as Exhibit A) that recommends an increase to the City's development impact fees and ® explains the nexus between the imposition of the fee and the estimated reasonable cost of providing the service for which the fee is charged; and WHEREAS, the Public Facilities Fee Study for the City of Morro Bay, California, has been available for public review and comment; and WHEREAS, following the issuance of Public Facilities Fee Study for the City of Morro Bay, California, the City held a public hearing on September 10, and September 24, 2007 and received additional information; and WHEREAS, the Public Facilities Fee Study for the City of Morro Bay, California substantiates the need for an increase in development impact fees amongst different categories of services and facilities provided by the City; and WHEREAS, the City has been imposing various impact fees, including fees for sewer water and traffic, among others; and WHEREAS, the City Council desires to adopt new development impact fees, in accordance with the nexus calculations and recommendations in the Report; and ® WHEREAS, after conducting another public hearing and taldng further testimony, the City Council has determined that these fees shall be reduced by 50 percent to the greatest extent practical without impacting the current fees, and that these revised impact fees are provided in Exhibit B; and WHEREAS, it is the intent of the City Council to exempt any projects currently submitted for discretionary permits and/or building permits from paying the new impact fees if those projects were submitted for review to the City by September 24, 2007. WHEREAS, in compliance with the Mitigation Fee Act (Government Code section 66000 et seq.), the City Council held a public hearing to solicit public input on the proposed development impact fees on September 10, and September 24, 2007. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings Pursuant to Government Code Section 66001. The City Council finds and determines that the Public Facilities Fee Study (hereinafter "Report") complies with California Government Code section 66001 by establishing the basis for the imposition of fees on new development. This finding is based on the fact that the Report: (a) Identifies the purpose of the fee; ® (b) Identifies the use to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed; (d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed. SECTION 2. Fees for Uses Consistent with the Report. The City Council hereby determines that the fees collected pursuant to this resolution shall be used to finance the public facilities described or identified in the Report, the Master Facilities Plan or such other public facility master plans as may from time to time be adopted by the City Council. SECTION 3. Approval of Items in Report. The City Council has considered the specific project descriptions and cost estimates identified in the Report and hereby approves such project descriptions and cost estimates and finds them reasonable as the basis for calculating and imposing certain development ® impact fees. Resolution No. 47-07 Page 2 of 6 onviopmem 1,a Fea 0 SECTION 4. Consistency with General Plan. The City Council finds that the projects and fee methodology identified in the Report are consistent with the City's General Plan and Local Coastal Plan. SECTION 5. Differentiation Among Fees. The City Council finds that the development impact fees recommended in the Report are separate and different from other fees the City may impose as a condition of final map approval, building permit issuance or tentative or parcel map approval pursuant to its authority under the Subdivision Map Act, the Quimby Act, and the City's implementing ordinances, as may be amended from time to time, for, among other projects, the construction of storm drainage, major thoroughfares and bridges and the acquisition of parkland. In no event, however, shall a developer be required to pay for both a fee imposed pursuant to the Subdivision Map Act and/or the Quimby Act and a portion of the development impact fee as that would be used to fund the same type of facility as the fee imposed pursuant to the Subdivision Map Act and/or the Quimby Act. In addition, this resolution shall not be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Municipal Code. SECTION 6. CEQA Finding. ® The adoption of the Report and the development impact. fee are categorically exempt from environmental review pursuant to section 15061(b)(3) of the California Environmental Quality Act guidelines. The intent of the Report and development impact fee is to provide one way to fund projects and services that have been identified in environmental analyses of other planning efforts, including the General Plan EIi , and various City master plans, among others. SECTION 7. Adoption of Report. The Public Facilities Fee Study by MuniFinancial for the City of Morro Bay, California,is hereby adopted. SECTION 8. Timing of Fee. A development impact fee shall be imposed upon the issuance of any development permit and shall be paid prior to issuance of a certificate of occupancy for the project, or at such earlier time as permitted by law, as set forth in Government Code section 66007. A "development permit" means any permit or approval from the City including, but not limited to, subdivision map, revised final planned development, building permit or other permit for construction, reconstruction, or addition. Reso oo No. 47-07 Page 3 of 6 Developmcpl Impact Fees ® SECTION 9. Amount of Fee. The City Council hereby approves and adopts the development impact fees as set forth in the Report attached to this resolution and incorporated herein. The Report sets forth the aggregate amount imposed as a development impact fee for both residential and non- residential land uses and also sets forth the breakdown of each development impact fee by type of facility or service. The amount of the development impact fee shall be reduced or a credit shall be applied towards the fee in proportion to the monetary cost of any improvements installed that would have been funded by the development impact fee. The amount of the development impact fees shall be modified annually each July 1 based on the change in the Engineering News Record's construction cost index (ENR-CCI) as reported for the twelve month period ending in April of each year (April 2007 ENR-CCI = 7865). Further, the City Council shall formally review the development impact fees once every two years, or whenever the City Council updates a major City Council policy document that could have an impact on development impact fees, such as the General Plan. E SECTION 10. Use of Fee. The development impact fees shall be solely used for (1) the purposes described in the Report; (2) reimbursing the city for the development's fair share of those capital improvements already constructed by the City; or (3) reimbursing developers who have already constructed public facilities described in the Report or the Master Facilities Plan or other facility master plans adopted from time to time by the City Council, where those facilities exceeded that needed to mitigate the impacts of the'developers' project or projects. SECTION 11. Fee Determination by Square Footage. Development impact fees for all land uses shall be based upon the square footage of the building. The development impact fee categories are set forth in the Report, which have been further revised in the fee program set forth in Exhibit B. Water and wastewater development impact fees shall be based upon the meter size as set forth in the Report and Master Fee Schedule. SECTION 12. 500 Square Foot Exemption. Development impact fees shall not apply to the first 500 square feet of new square footage of any proposed addition for single-family residential projects. Should the addition exceed 500 square feet, the calculation of impact fees shall be based on the total additional new square footage area. anWmioo No. 47.07 Page 4 of Nmlopmem Impact Fees 11 SECTION 13. Current Projects Exempt for New Impact Fees. Any project submitted for either discretionary and/or building permit approval as of September 24, 2007 shall be exempt from paying these new Development Impact Fess. All other currently existing impact fees in effect on September 24, 2007 shall remain in effect. SECTION 14. Cumulative additions. Whenever the cumulative quantity of new additional square footage improvements and all other permitted additions during the preceding five-year period is over 500 square feet, payment of impact fees for the total additional area constructed during the said five year period shall be required. SECTION 15. Prior Resolutions and Ordinances Superseded. The development impact fees approved and adopted by this resolution shall take effect in sixty (60) days and shall supersede previously adopted resolutions that set the amounts of development impact fees. SECTION 16. Severability. If any action, subsection, sentence, clause or phrase of this resolution or the imposition of a development impact fee for any project described in the Report or the application thereof to any person or circumstance shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution or other fees levied by this resolution that can be given effect without the invalid provisions or application of fees. SECTION 17. Effective Date. Consistent with California Government Code section 66017(a), the fees adopted by this resolution shall take effect sixty (60) days following the adoption of this resolution by the City Council. Resotutioo No. 47-07 Page 5 of 6 Dnvioomcm Inwaa Fees - 11 0 PASSED AND ADOPTED by the City Council of the City of Morro Bay this 8th day of October 2007 by the -following vote: AYES: NOES: ABSENT ATTEST: DeMeritt, Grantham, Peirce, Winholtz, Peters None None W_-_..1 t . Y1�_ 10 Of!: APPROVED AS TO FORM: <6� ROBERT SCHUL , City Attorney ResohWm No. 4707 Deixlopmcm 1m=d Fees Page 6 of 6 • • EXHIBIT A PUBLIC FACILITIES FEE STUDY CITY OF MORRO BAY • SEPTEMBER 10, 2007 DRAFT REPORT h MuniFinancial Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587 -3500 Tel: (800) 755 -MUNI (6864) Fax: (951) 587-3510 Office Locations: Anaheim, CA Lancaster, CA Los Angeles Regional Office Oakland, CA Sacramento, CA www.muni.com Phoenix, AZ Orlando, FL Memphis, TN Seattle, WA • TABLE OF CONTENTS Table of Contents Executive Summary 1 Background and Study Objectives 1 Development Projections 2 Facility Standards and Costs of Growth 3 Fee Schedules and Revenues 4 1. Introduction and Summary 6 Background and Study Objectives 6 Public Facilities Financing In California 6 Organization of the report 7 Facility Standards Approach 7 2. Growth Projections 11 Use of Growth Projections for Impact Fees 11 Service Population 11 • Land Use Types 12 Occupant Densities 12 Growth Projections for Morro Bay 13 3. General Facilities 15 Service Population 15 Facility Inventories, Plans & Standards 16 Facility Needs and Costs 17 Fee Schedule 17 Implementation 18 4. Police Facilities 20 Service Population 20 Facility Inventories, Plans & Standards 20 Facility Needs and Costs 21 Fee Schedule 22 Implementation 23 5. Park Facilities 24 Service Population 24 Facility Inventories, Plans & Standards 25 Allocation of Facilities Costs to New Development 26 • Fee Schedule 26 MuniFinancia! • • • • Implementation 27 6. Fire Facilities 29 Service Population 29 Facility Inventories, Plans & Standards 30 Facility Needs and Cost 31 Fee Schedule 31 Implementation 32 7. Storm Drain Facilities 33 Equivalent Dwelling Units 33 Facility Inventories, Plans & Standards 34 Facility Needs and Costs 35 Fee Schedule 35 Implementation 36 8. Transportation Facilities 38 Trip Demand 38 Facility Inventories, Plans & Standards 40 Facility Needs and Costs 41 Fee Schedule 42 Implementation 43 9. Water Facilities 44 Dwelling Unit Equivalents 44 Fee Schedule — Net Project Cost 47 Implementation 48 10. Wastewater Facilities 49 Dwelling Unit Equivalents 49 Fee Schedule — System Cost 52 Implementation 54 11. Mitigation Fee Act Findings 55 Purpose of Fee 55 Use of Fee Revenues 55 Benefit Relationship 56 Burden Relationship 56 Proportionality 57 MuniFinancial ii • • EXECUTIVE SUMMARY This report summarizes an analysis of the need for public facilities and capital improvements to support future development within the City of Morro Bay through 2010. It is the City's intent that the costs representing future development's share of these facilities and improvements be imposed on that development in the form of a development impact fee, also known as . a public facilities fee. The public facilities and improvements included in this update to the City's public facilities fee program are divided into the following fee categories listed below: • General Facilities; • Police Facilities; • Park Facilities; • Fire Facilities; ' t • • 1 r • ... I • � • Storm Drain Facilities; • Transportation Facilities; • Water Facilities; • Wastewater Facilities The primary policy objective of a public facilities fee program is to ensure that new development pays the capital costs associated with growth. To fulfill this objective public agencies should review and update their fee programs periodically to incorporate the best available information. The City should review and update this report and the calculated fees approximately once every three to five years to incorporate the best available information. The City imposes public facilities fees under authority granted by the Mitigation Fee Act, contained in California Government Code Sections 66000 through 660025. This report provides the necessary findings required by the Act for adoption of the revised fees presented in the fee schedules contained herein. MuniFinanciat t • • • Develo ment Pro'ections This study uses dwelling unit data provided by the California Department of Finance (DOF). The 2006 population estimates are based on the DOF data. Current and future employment figures were based on data from the San Luis Obispo Council of Governments (SLOCOG) growth forecast. The development projections used in this analysis are summarized in Table E.1. Table E.1: Growth Assumptions 2006 2010 Increase Residents' 10,293 10,918 625 Dwelling Units' Single Family 4,667 4,950 283 Multi- family 2,333 2,443 110 Total 7,000 7,393 393 Employment 2 Commercial 1,658 1,751 93 Office 2,115 2,233 118 Industrial 549 580 31 Subtotal 4,322 4,564 242 Other' 163 172 9 Total 4,485 4,736 251 Building Square Feet (000s) Commercial 790 834 44 Office 693 732 39 Industrial 549 580 31 Total 2,032 2,146 114 ' Califomia Department of Finance (DOF), as of January 1, 2006 2SLOCOG 3 Represents govemment and other institutional. ° Based on employment by land use and occupant density shown in Table 2.1. Sources: Califomia Department of Finance (DOF), Table E -5, 2006; Employment Density Study Summary Report, prepared by the Natelson Company, October 2001; SLOCOG; MuniFinancial. MuniFinandal 2 • • Facilit Standards and Costs of Growth This fee analysis uses standards based on city policy to determine the cost of facilities required to accommodate growth for public facilities. A standard for each facility category considered in this study is derived from the City's facility plans for 2010. Depending on the level of the policy, the City currently may or may not have sufficient facilities to serve existing development. If the City's existing facilities are below standard, then a deficiency exists. In this case, the portion of the cost of planned facilities associated with correcting the deficiency must be allocated to funding sources other than the fee. Public facilities fees can only fund planned facilities needed to accommodate new development at the adopted standard. The master plan standard for facilities is calculated based on all existing and projected new development, and all existing and planned facilities designed to serve that development. The standard represents the average cost of all facilities, per square foot of new development, required to serve the entire service population (existing and new). The key variable affecting the standard is the amount and cost of planned facilities. Types of facility standards and their application in specific situations are discussed below. Using a cost per square foot of new development facility standard ensures an equitable distribution of the cost of planned facilities between existing and new development. The City must distinguish between planned facilities needed to accommodate growth and planned facilities that serve existing residential and businesses developments. New development can only fund its fair share of planned facilities. Fair share is based on application of the same facility standard to both new and existing development. The types of public facilities funded by these fees are each part of a citywide network or system of facilities. As a result, it is not possible to determine what portion of each public building, whether existing or planned, serves existing development or growth. To ensure compliance. with the law, the City must ensure that there is a reasonable relationship between new development, the amount of the fee, and facilities funded by the fee. Fees for certain facilities are based upon the existing facilities standard. The existing facilities uses a facility standard based on the ratio of existing facilities to the existing service population, as calculated to a cost per square foot. Under this approach new development funds the expansion of facilities at the same standard currently serving existing development. By definition the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long -range plan for new facilities is not available. Only the initial facilities to be funded with fees are identified in the fee study. Future facilities to serve growth are identified through an annual capital improvement plan and budget process. .MuniFinanaal 3 • • • • • • • Fee Schedules and Revenues The key public policy issues in public facility fee studies is (1) the identification of facility standards for each category of facilities in a fee program and (2) the measurement of growth which generates the service demand. A facility standard is a public policy that states the amount of facilities required per unit of development (i.e. square foot or dwelling unit) to accommodate the increased service demand. Examples of facility standards include park acres per capita (resident or worker). Standards also may be expressed in monetary terms such as the total cost of facility investments per capita. To measure existing development and future growth, we use population and employment, also identified as residents and workers, respectively. We use these measures because numbers of residents and workers are reasonable indicators of the level of demand for public facilities. The City builds public facilities primarily to serve these populations and, typically, the greater the population the larger the facility required to provide a given level of service. Since a fee can not be applied directly to each person as they become a new resident or worker of the City, this measure of demand is then converted to a resident or employee density per square foot of development and the fee is collected through the development process. Historically fees may have been applied on a per unit basis although there are certain inequalities when utilizing this formula since a 5,000 sq ft home would pay the same level of fees as a 1,000 sq ft home, although the larger home has the capacity for more residents and more demand on the City's facilities. As such, a fee per square foot is the most equitable method for allocation of the facilities cost. The following Table E.2 summarizes the schedule of maximum justified public facilities fees based on the analysis contained in this report as calculated based on a fee per square foot. Table E.3 summarizes the estimated public facilities fee as calculated, based on an estimated building square feet. This amounts are shown for comparison purposes only, actual fees will be applied on a per square foot basis for development. • MuniFinanaial 4 • Table E.2: Estimated Public Facilities Fee Summary (per Square Foot) General Storm Land Use Government Police Parks Fire Drain Traffic Water (t) Wastewater (l) Total • Residential (Fee per Square Foot) Single Family $ 2.58 $ 0.33 $ 5.83 $ 0.36 $ 0.05 $ 1.59 $ 0.55 $ Multi- family $ 4.28 $ 0.54 $ 9.67 $ 0.59 $ 0.06 $ 2.47 $ 0.83 $ 1.52 $ 2.27 $ 12.81 20.71 Nonresidential (Fee per Building Square Foot, Except Storm Fees which are per Land Square Foot) Commercial $ 1.26 $ 0.16 $ 2.26 $ 0.50 $ 0.03 $ 8.16 $ 2.06 $ 3.79 $ 18.22 Office $ 1.83 $ 0.23 $ 3.28 $ 0.73 $ 0.03 $ 4.92 $ 2.06 $ 3.79 $ 16.87 Industrial $ 0.60 $ 0.08 $ 1.07 $ 0.24 $ 0.03 $ 2.83 $ 2.06 $ 3.79 $ 10.70 1 Water and Wastewater actual fees are based on the meter size. Amount shown is estimated based on the lees in Table E.3 divided by the estimated building squar feet in Table E.3. Table E.3: Estimated Public Facilities Fee Summary Estimated General Storm Land Use Building Sq Ft Government Police Parks Fire Drain Traffic Watertlt Wastewater (1) Total Residential (Fee per Unit, Based on Estimated Building Sq Ft, except Water and Wasterwater) Single Family 1,500 $ 3,870 $ 495 $ 8,745 $ 540 $ 75 $ 2,385 $ 825 $ 2,273 $ 19,20 Multi- family 1,000 $ 4,280 $ 540 $ 9,670 $ 590 $ 60 $ 2,470 $ 825 $ 2,273 $ 20, Nonresidential (Fee per 1,000 Building Square Feet, Except Storm Fees which are per Acre and Water and Wastewater) Commercial 1,000 $ 1,260 $ 160 $ 2,260 $ 500 $ 1,307 $ 8,160 $ 2,063 $ 3,788 $ 19,497 Office 1,000 $ 1,830 $ 230 $ 3,280 $ 730 $ 1,307 $ 4,920 $ 2,063 $ 3,788 $ 18,147 Industrial 1,000 $ 600 $ 80 $ 1,070 $ 240 $ 1,307 $ 2,830 $ 2,063 $ 3,788 $ 11,977 1 Based cc a 5/8 inch meter for Residential and 1 inch for Nonresidential. MunnFinancia! 5 • • • 1. INTRODUCTION AND SUMMARY This report presents an analysis of the need for public facilities to accommodate new development in the City of Morro Bay. This chapter explains the study approach and summarizes results under the following sections: • Background and study objectives; • Public facilities financing in California; • Organization of the report; and • Facility standards approach Back round and Stud Ob'ectives The primary policy objective of a public facilities fee program is to ensure that new development pays the capital costs associated with growth. To fulfill this objective public agencies should review and update their fee programs periodically to incorporate the best available information. The City should review and update this report and the calculated fees approximately once every three to five years to incorporate the best available information. The City imposes public facilities fees under authority granted by the Mitigation Fee Act, contained in California Government Code Sections 66000 through 660025. This report provides the necessary findings required by the Act for adoption of the revised fees presented in the fee schedules contained herein. Public Facilities Financin • In California The changing fiscal landscape in California during the past 30 years has steadily undercut the financial capacity of local governments to fund infrastructure. Three dominant trends stand out: • The passage of a series of tax limitation measures, starting with Proposition 13 in 1978 and continuing through the passage of Proposition 218 in 1996; • Declining popular support for bond measures to finance infrastructure for the next generation of residents and businesses; and • Steep reductions in federal and state assistance. Faced with these trends, many cities and counties have had to adopt a policy of "growth pays its own way." This policy shifts the burden of funding infrastructure expansion from existing rate and taxpayers onto new development. This funding shift has been MuJFinancial • • accomplished primarily through the imposition of assessments, special taxes, and development impact fees also known as public facilities fees. Assessments and special taxes require approval of property owners and are appropriate when the funded facilities are directly related to the developing property. Development fees, on the other hand, are an appropriate funding source for facilities that benefit all development jurisdiction - wide. Development fees need only a majority vote of the legislative body for adoption. a ariization bf%.tt a re • ort The determination of a public facilities fee begins with the selection of a planning horizon and development of projections for population and employment. These projections are used throughout the analysis of different facility categories, and are summarized in Chapter 2. Chapters 3 through 10 are devoted to documenting the maximum justified public facilities fee for each of the following six facility categories: • General Facilities; • Police Facilities; • Park Facilities; • Fire Facilities • Storm Drain Facilities; • Transportation Facilities; • Water Facilities; • Wastewater Facilities The five statutory findings required for adoption of the proposed public facilities fees in accordance with the Mitigation Fee Act (codified in California Government Code Sections 66000 through 66025) are summarized in Chapter 11. Facilit Standards A. 'roach The key public policy issue in public facility fee studies is the identification of facility standards for each category of facilities in a fee program. A facility standard is a public policy that states the amount of facilities required per unit of new development to accommodate the increased service demand. Examples of facility standards include park acres per capita and wastewater generation per equivalent dwelling unit. Standards also may be expressed in monetary terms such as the total cost of facility investments per capita or per square foot of new development. The facility standard assists in documenting statutory findings required for adoption of a public facilities fee. First, the standard documents a reasonable relationship between the type of new development and the total need for new facilities. Where applicable, the same facility standard is applied to both existing and new development to ensure that new development does not fund deficiencies associated with existing development. Second, the facility standard is often used to allocate facility costs to each development project, documenting a reasonable relationship between the amount of the fee and the cost of facilities allocated to each development project. MuniFinandal 7 • • • Types of facility standards and their application in specific situations are discussed below. This section concludes with a description of how facility standards are used in the current study. Types of Facility Standards The types of standards that may be used in a public facility fee study include: • Demand standards determine the amount of facilities required to accommodate growth, for example park acres per thousand residents, traffic level of service, or gallons of water per day per dwelling unit. These standards are the most common method for discussing policy options with regards to public facility fees. • Deign standards determine how a facility should be designed to meet expected demand, for example park improvement requirements, street intersection design, and water storage needs. These standards are typically not evaluated as part of a fee analysis, but they can have a significant impact on the cost of facilities. • Cost standards determine the cost per unit of demand based on the estimated cost of facilities, for example cost per capita, cost per square foot, cost per vehicle trip, or cost per gallon of water per day. , • Applying Facility Standards Demand and design standards may or may not play an explicit role in the documentation of a specific public facility fee, while cost standards always play a role. Often the approach depends on the degree to which the community has engaged in comprehensive facility master planning to identify facility needs. • For some fees explicit demand and design standards are used to determine total facility needs and costs, and then a cost standard is used to allocate costs to new development. For example, the fee study may document how a park standard of three acres per 1,000 residents determines park needs for new development. Next, a cost standard is calculated based on total park needs allocated per unit of new development to calculate the fee schedule. • For other fees the total cost of needed facilities is documented outside of the fee study. The fee study may base future facility needs on a community's existing inventory of facilities, a detailed facility master plan, or simply the judgment of a community's elected leaders regarding facility needs. Though demand and design standards may have been used the fee study itself does not explicitly use these factors in the fee calculation. Instead the study proceeds directly to the calculation of a cost standard to allocate costs per unit of development and calculate the fee schedule. For example, a separate wastewater facilities master plan may have already documented the facilities needs requiring the fee study to simply allocate those total costs per unit of new development. • MuniFinandial 8 • Demand and design standards tend to be grounded in engineering analysis performed outside of the fee study if not simply a statement of public policy. Cost standards, on the other hand, tend to be an integral part of all fee studies. There are three approaches used to calculate a cost standard, described below. • The existing inventory method calculates the facility standard and allocates costs based on the ratio of existing facilities to the existing service population. Under this approach new development funds the expansion of facilities at the same standard currently serving existing development. By definition the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long -range plan for new facilities is not available. Only the initial facilities to be funded with fees are identified in the fee study. Future facilities to serve growth are identified through an annual capital improvement plan and budget process. • The planned facilities method calculates the facility standard and allocates costs based on the ratio of planned facilities to the increase in demand associated with new development. This method is appropriate when planned facilities only benefit new development, such as a sewer trunk line extension to a previously undeveloped area. This method also may be used when there is excess capacity in existing facilities that can accommodate new development. In that case new development can fund facilities at a standard lower than the existing inventory standard and still provide an acceptable level of facilities. Alternatively, this method may be used when improvements would benefit both existing and new development. In this case, new development only pays its fair share of facilities costs. • The system plan method calculates the facility standard and allocates costs based on the ratio of existing plus planned facilities to total future demand (existing and new development). This method is used when (1) the local agency anticipates increasing its facility standard above the existing inventory standard discussed above, and (2) planned facilities are part of a system that benefit both existing and new development Using a facility standard that is higher than the existing inventory standard creates a deficiency for existing development. The jurisdiction must secure non -fee funding for that portion of planned facilities required to correct the deficiency. The Types and Approaches Used In This Study The type of facility standard calculated in this study is primarily the cost standard. The cost standard can be based on various methods to determine the cost for purposes of the analysis. When determining the cost of facilities cities may look at the current market cost or actual cost to construct new facilities or purchase land, the replacement cost (either current replacement cost or discounted for deferred maintenance), the original purchase cost, or the depreciated cost. Depending on which costs basis the city uses there can be a significant difference in the resulting impact fees. For purposes of this study the City has elected to utilize conservative cost methods including depreciated cost and discounted replacement cost for facilities cost and will utilize the estimated current market value for land. When the depreciated or discounted replacement cost methods MuniFinancial 9 • • • • • • • • are utilized, the City may not recover or mitigate the full costs associated with providing the existing level of service to new development. As such, the mitigation of the full impact of development may need to be reviewed through alternative methods including development agreements. This study uses the existing inventory approach to determine facility standards for public facilities Under the existing inventory approach, new development would contribute to the cost of improvements in proportion to the level of investment made to date, based on the cost standard described above. Fees for certain facilities are based upon the existing facilities standard. The existing facilities uses a facility standard based on the ratio of existing facilities to the existing service population, as calculated to a cost per square foot. Under this approach new development funds the expansion of facilities at the same standard currently serving existing development. By definition the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long -range plan for new facilities is not available. Future facilities to serve growth are identified through an annual capital improvement plan and budget process. MuniFinancial 10 2. GROWTH PROJECTIONS This chapter explains how development projections are used to calculate public facilities fees, and summarizes estimates of existing development and projections of growth used for this study. Existing development is estimated for 2006 (as prescribed by DOF), and the planning horizon is 2010. Use of Growth; Pro'ections for Im s act Fees:;x Estimates of existing development and projections of growth are critical assumptions used throughout the fee chapters that follow in this report. These estimates are used as follows: • Estimates of total development at the 2010 planning horizon are used to determine the total amount of public facilities required to accommodate growth, and to allocate those costs on a per unit basis, for example costs per square foot of new development. • Estimates of growth from 2006 to 2010 are used to allocate to new development its fair share of total planned facility needs. • Estimates of the typical square footage of development for residential and non residential uses, per capita. To measure existing development and future growth, we use population and employment, also identified as residents and workers, respectively. We use these measures because numbers of residents and workers are reasonable indicators of the level of demand for public facilities. The City builds public facilities primarily to serve these populations and, typically, the greater the population the larger the facility required to provide a given level of service. A reasonable measure of the levels of demand can also be calculated to a rate per square foot of new development based on the current levels of residential and non residential density per square foot, the typical development size and the level of service provided for the facilities. Service Po s ulation Different types of development use public facilities at different rates in relation to each other, depending on the services provided In Chapters 3 through 10, a specific service population is identified for each facility type to reflect total demand. The service population weights residential land uses type against. nonresidential land uses based on the relative demand for services between residents and workers and the per capita density per square foot. MuniFinanrial 11 • • • Land Use T pes To ensure a reasonable relationship between each fee and the type of development paying the fee, growth projections distinguish between different land use types. The land use types used in this analysis are defined below. • Single family: Attached and detached one -family dwelling units. • Multi- family: All attached dwellings such as duplexes and condominiums, plus mobile homes, apartments, and dormitories. • Commercial: All commercial, retail, educational, and hotel /motel development. • Office: All general, professional, and medical office development. • Industrial: All manufacturing and warehouse development. Some developments may include more than one land use type, such as an industrial warehouse with living quarters (a live -work designation) or a planned unit development with both single and multi-family uses. In these cases the public facilities fee would be calculated separately for each land use type. The City should have the discretion to impose the public facilities fee based on the specific aspects of a proposed development regardless of zoning. The guideline to use is the probable occupant density of the development, either residents or workers per building square foot. The fee imposed should be based on the land use type that most closely represents the probable occupant density of the development. Occupant Densities Occupant densities, expressed as service population per square foot, ensure a reasonable relationship between the increase in service population and amount of the fee. To do this, they must vary by the estimated service population generated by a particular development project. Developers pay the fee based on the number of additional building square feet of new development, so the fee schedule must convert service population estimates to these measures of project size. This conversion is done with average occupant density factors by land use type, shown in Table 2.1. The residential occupant density factors are derived from the 2000 U.S. Census Bureau's Tables H -31 through H -33. Table H -31 provides vacant housing units data, while Table H -32 provides information relating to occupied housing. Table H -33 documents the total 2000 population residing in occupied housing. The US Census numbers are adjusted by using the California Department of Finance (DOF) estimates for January 1, 2006 found on Table E -5. The density factors are then equated to a square footage based on the typical occupant density and the typical historical housing unit size within the City. For purposes of this analysis the City has determined that the typical single family home and multi- family home which has historically contributed to the existing facilities standards within the City is 1,500 sq ft and 1,000 sq ft, respectively. MuniFinanaiai 12 • • The non - residential density factors are based on Employment Denrity Study Summary Report, prepared for the Southern California Association of Governments, October 2001 by The Natelson Company. The factors represent an average for the specific land uses included in the study. For example, the industrial density factor represents an average for light industrial, heavy industrial, and warehouse uses likely to occur in the City. Table 2.1: Occupant Density Residential 1,2 Single Family 1.55 Residents per 1,000 square feet Multi- family 1.71 Residents per 1,000 square feet Nonresidential 3 Commercial 2.10 Employees per 1,000 square feet Office 3.05 Employees per 1,000 square feet Industrial 1.00 Employees per 1,000 square feet 1 Based on the 2004 City of Morro Bay Housing Element. 2 Represents a density of 2.32 residents per single family dwelling unit and 1.71 residents per Multifamily dwelling unit. 3 Nonresidential occupant density factors derived from City of Morro Bay growth projections and the Natelson Company, Inc., Employment Density Study Summary Report, October 31, 2001. Report completed for the Southem Califomia Association of Govemments (SCAG). Growth Pro'ections for Morro Ba Table 2.2 summarizes the demographic assumptions used in this analysis. The base year for this study is the year 2006 for all categories. The existing facilities in 2006 will make up the existing facilities standard in our study. The 2006 population estimates are based on DOF projections. Current and future employment figures were based on data from the San Luis Obispo Council of Governments (SLOCOG) growth forecast. MuniFinancial 13 • • • • • • Table 2.2: Growth Assumptions 2006 2010 Increase Residents) 10,293 10,918 625 • Dwelling Units' Single Family 4,667 4,950 283 Multi- family 2,333 2,443 110 Total 7,000 7,393 393 Employment 2 Commercial 1,658 1,751 93 Office 2,115 2,233 118 Industrial 549 580 31 Subtotal 4,322 4,564 242 Other' 163 172 9 Total 4,485 4,736 251 Building Square Feet (000s) Commercial 790 834 44 Office 693 732 39 Industrial 549 580 31 Total 2,032 2,146 114 ' California Department of Finance (DOF), as of January 1, 2006 2SLOCOG 3 Represents govemment and other institutional. " Based on employment by land use and occupant density shown in Table 2.1. Sources: California Department of Finance (DOF), Table E -5, 2006; Employment Density Study Summary Report, prepared by the Natelson Company, October 2001; SLOCOG; MuniFinancial. MumFinanriai 14 • • 3. GENERAL FACILITIES This chapter presents an analysis of the need for general facilities to accommodate new development in the City of Morro Bay. A fee schedule is presented based on the cost of these facilities to ensure that new development provides adequate funding to meet its needs. 4. The City's general facilities serve both residents and businesses. Demand for services and associated facilities is based on the City's service population including residents and workers. Table 3.1 shows the estimated service population in 2006 and 2010. In calculating the service population, workers are weighted less than residents to reflect lower per capita service demand. Nonresidential buildings are typically occupied less intensively than dwelling units, so it is reasonable to assume that average per- worker demand for services is Less than average per- resident demand. The 0.24 - weighting factor for workers is based on a 40 -hour workweek divided by a total of 168 hours in a week. Table 3.1: General Government Facilities Service Population Residents Service Population Weighted Workers (Res. + Weighted Workers (Workers .24) Workers) Existing (2006) New Development (2006-2010) Total (2010) Weighting factor 10,293 4,485 1,076 11,369 625 251 60 685 10,918 4,736 1,136 12,054 1.00 0.24 Note: Workers are weighted 810.24 of residents based on a 40 hour work week out of a possible 168 hours In a week. Sources: Table 2.2; MunlFinancial MuniFinancial 15 • Facilit Inventories, Plans & Standards The City owns 54,172 square feet of building space situated on approximately 23 acres for city administration and maintenance facilities. These existing facilities house the City Council chambers, the City Manager and City Clerk's offices, and other governance and administrative functions such as Finance, Human Resources, and Public Services Department. Table 3.2 summarizes existing general facilities. The table also shows the existing facility standard expressed in terms of costs per capita. Table 3.2: General Government Facilities Existing Standard Inventory Unit Cost' Value Land (acres) Civic Center / City Hall Community Center Veterans Memorial Building City Yard Subtotal - Land Buildings (square feet) City Hall Administrative Office Teen Center Community Center Veterans Memorial Building Public Works Subtotal - Buildings Vehicles & Equipment Total Facilities Existing Service Population 2.64 $ 700,000 $ 1,848,000 1.28 700,000 896,000 0.66 700,000 462,000 18.30 700,000 12,810.000 22.88 $ 16,016,000 3,564 $ 200 $ 713,000 5,000 200 1,000,000 2,238 200 448,000 19,674 200 3,935,000 5,000 200 1,000,000 18,696 200 3.739.000 54,172 $ 10,835,000 $ 903,908 $ 27,754,908 11,369 Cost per Capita Facility Standard per Resident $ 2,441 Facility Standard per Worker ` 586 Unit costs based on current market value for the condition of the facilities and may not reflect the full replacement value. 2 Based on a weighing factor of 0.24. Sources: Tables 3.1; City of Morro Bay; MuniFinancial MuniFinancial 16 Facilit Needs and Costs Table 3.3 presents the cost of new general facilities needed to maintain the existing facility standard as growth occurs. The costs generated by new development also represent the total revenue that the general facilities fee would generate. These revenues should be annually programmed to capital improvement projects and be integrated into a 5 -year Capital Improvement Plan (CIP). Table 3.3: General Facilities to Accommodate New Development Facility Standard Per Capita New Development Service Population (2006 -2010) Costs Generated by New Development $ 2,441 685 $ 1,672,085 Sources: Tables 3.1 and 3.2; MuniFinancial Eta: S.Clied (ilea atic � Table 3.4 presents the general facilities fee schedule based on the existing standard. The cost per capita is converted to a fee per square foot of new development based on service population densities. The total fee includes an administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and citywide administrative support, and impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. MuniFinancial 17 • • • • Table 3.4: General Government Facilities Fee (Existing Standard) • • Costs per Cost per Total Fee / Sq. Land Use Capita Densityl Unit Admin2'3 Feet Ft. Residential Single Family $ 2,441 1.55 $ 3,775 $ 94 $ 3,869 $ 2.58 Multi- family 2,441 1.71 4,174 104 4,278 4.28 Nonresidential Commercial $ 586 2.10 $ 1,231 $ 31 $ 1,262 $ 1.26 Office 586 3.05 1,787 45 1,832 1.83 Industrial 586 1.00 586 15 601 0.60 Persons per 1,000 square feet. 2 Fee per 1,000 square feet. ' Administrative charge of 2.5 percent. Sources: Tables 2.1 and 3.2; MuniFinancial. Irit` le`menfation This section identifies tasks that the City should complete when implementing the fee programs. Programming Revenues and Projects with the CIP The City should update its Capital Improvement Plan (CIP) to program fee revenues to specific projects. Use of the CIP in this manner documents a reasonable relationship between new development and the use of fee revenues. For the five -year planning period of the CIP, the City should allocate all existing fund balances and projected fee revenue to specific general facilities projects. The City can hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. Inflation Adjustment The City should identify appropriate inflation indexes in the fee ordinance and adopt an automatic inflation adjustment to the fee annually. The City should use separate indexes for land and construction costs. Calculating the land cost index may require use of a property appraiser every several years The construction cost index can be based on the City's recent capital project experience or taken from any reputable source, such as the Engineering News Record. To calculate the fee increases, each index should be weighted by the share of total planned facility costs represented by land or construction, as appropriate. MuniFinancial 18 • Reporting Requirements The City should comply with the annual and five -year reporting requirements of Government Code 66000 et seq. For facilities to be funded with a combination of public facilities fees and other revenues, the City must identify the source and amount of the other revenues. The City must also identify when the other revenues are anticipated to be available to fund the project. MuniFinanial 19 • • • • 4. POLICE FACILITIES This chapter presents an analysis of the need for police stations and related facilities to accommodate new development in the City of Morro Bay. A fee schedule is presented based on the cost of these facilities' to ensure that new development provides adequate funding to meet its needs. Se vic6zPo • ufation The City's police facilities serve both residents and businesses. The need for these services and associated facilities is measured by the City's service population, which is the number of residents and workers within its service area. Table 4.1 shows the estimated service population in 2006 and 2010. In calculating the service population, workers are weighted less than residents to reflect lower per capita service demand. Nonresidential buildings are typically occupied less intensively than dwelling units, so it is reasonable to assume that average per - worker demand for services is less than average per - resident demand. The 0.24 - weighting factor for workers is based on a 40 -hour workweek divided by a total of 168 hours in a week. • Table 4.1: Police Facilities Service Population Service Population Weighted Workers (Res. + Weighted Residents Workers (Workers .24) Workers) Existing (2006) New Development (2006 -2010) Total (2010) Weighting factor 10,293 4,485 1,076 11,369 625 251 60 685 10,918 4,736 1,136 12,054 1.00 0.24 Note: Workers are weighted at 0.24 of residents based an a 40 hour work week out of a possible 168 hours in a week. Sources: Table 2.1: MuniFinancial. Facilit Inventories, Plans & Standards The police department occupies 6,213 square feet of building space on .55 acres. The department has the primary responsibility of providing local law enforcement and those community services that promote a strong sense of welfare and safety for its citizens. As growth continues to push the geographic limits of the City, the department will MuniFinancial 20 • • increase the size of the main station at the current site to serve growth within the City of Morro Bay. City staff provided estimates of all existing facility inventories. Table 4.2 summarizes existing police facilities, including vehicles and equipment associated with police functions. Table 4.2: Police Facilities Existing Standard Inventory Unit Cost' Value Existing Facilities Main Station - Land (acres) 0.26 $ 700,000 $ 185,000 Main Station Buildings (sq. ft.) 2 5,555 250 1,389,000 Annex Building - Land (acres) 0.29 700,000 205,000 Annex Buildings (sq. ft.) 2 658 250 165,000 $ 1,944,000 Existing Equipment & Vehicles Vehicles w/ equipment 717,800 Officer equipment 204,750 Communication, Computers, Etc. 642,250 $ 1,564,800 Total Facilities and Equipment $ 3,508,800 Existing Service Population Cost per Capita Facility Standard per Resident Facility Standard per Worker' 11,369 $ 309 74 Based on a weighing factor of 0.24. 2 Amount discounted due to deferred maintenance costs. 3 Unit costs based on current market value for the condition of the facilities and may not reflect the full replacement value. Unit costs based on replacement value. Sources: Tables, 4.1; City of Morro Bay; Munifinancial. Facilit Needs and Costs Table 4.3 presents the cost of new police facilities needed to maintain the existing facility standard as growth occurs. The costs generated by new development also represent the total revenue that the police facilities fee would generate. These revenues should be annually programmed to capital improvement projects and be integrated into a 5 -year Capital Improvement Plan (CIP). MuniFinancial 21 • • • • Table 4.3: Police Facilities to Accommodate New Development Facility Standard Per Capita $ 309 New Development Service Population (2006 -2010) 685 Total Generated by New Development $ 211.665 Sources: Tables 4.1 and 4.2; MuniFinancial FeetScledul'e Table 4.4 presents the police facilities fee schedule based on the existing standard. The cost per capita is converted to a fee per square foot of new development based on service population densities. The total fee includes an administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and citywide administrative support, and impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. Table 4.4: Police Facilities Fee Cost per Cost per Total Fee / Land Use Capita Density' Unite Admin" Feel Sq. Ft. Residential Single Family $ 309 1.55 $ 478 $ 12 $ 490 $ 0.33 Multi- family 309 1.71 528 13 541 0.54 Nonresidential Commercial $ 74 2.10 $ 156 $ 4 $ 160 $ 0.16 Office 74 3.05 226 ' 6 232 0.23 Industrial 74 1.00 74 2 76 0.08 ' Persons per 1,000 square feet. 1 Fee per 1,000 square feet. Administrative charge of 2.5 percent Sources: Tables 2.1 and 4.2; MuniFinancial MuniFinanaai 22 Implementation This section identifies tasks that the City should complete when implementing the fee programs. Programming Revenues and Projects with the CIP The City should update its Capital Improvement Plan (CIP) to program fee revenues to specific projects. Use of the CIP in this manner documents a reasonable relationship between new development and the use of fee revenues. For the five -year planning period of the CIP, the City should allocate all existing fund balances and projected fee revenue to police facilities projects. The City can hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. Inflation Adjustment The City should identify appropriate inflation indexes in the fee ordinance and adopt an automatic inflation adjustment to the fee annually. The City should use separate indexes for land and construction costs. Calculating the land cost index may require use of a property appraiser every several years. The construction cost index can be based on the City's recent capital project experience or taken from any reputable source, such as the Engineering News Record. To calculate the fee increases, each index should be weighted by the share of total planned facility costs represented by land or construction, as appropriate. Reporting Requirements The City should comply with the annual and five -year reporting requirements of Government Code 66000 et seq. For facilities to be funded with a combination of public facilities fees and other revenues, the City must identify the source and amount of the other revenues. The City must also identify when the other revenues are anticipated to be available to fund the project. MuniFinancial 23 • • • • • • 5. PARK FACILITIES The purpose of this fee is to ensure that new development funds its fair share of parkland and facilities. The City would use fee revenues to expand park facilities to serve new development. Seivtce,Pco"• ulatian,. Park facilities serve both residents and workers in the service area. Service population is used as a measure of the need for park facilities because both residents and workers use park facilities. Table 5.1 shows the estimated service population for 2006 and 2010. The number of residents and workers are reasonable indicators of the level of demand for public facilities. In calculating the service population, residents are given a weight of 1.0 and workers are weighted at 0.19 to reflect lower per capita service usage. Nonresidential park services are typically occupied less intensively than dwelling units, so it is reasonable to assume that average per - worker usage of services is less than average per - resident usage. Table 5.1: Parks Service Population Weighted Workers Residents Workers (Workers .19) Service Population (Res. + Weighted Workers) Existing (2006) 10,293 4,485 852 11,145 New Development (2006 -2010) 625 251 48 673 Total (2010) 10,918 4,736 900 11,818 1.00 0.19 Sources: Table 2.2; U.S. Bureau of the Census; MuniFinancial. The 0.19 per- worker weighting used here is derived from a study carried out by staff in the City of Phoenix, and is one of the best sources of this data that we are aware of. We used data from that study to estimate a per capita factor that is independent of land use patterns. Relative demand for parks between residents and workers does not vary substantially on a per capita basis across communities, enabling us to use this data for all the communities we assist in the documentation of a parks public facilities fee. MuniFinancia! 24 • Facilit Inventories, Plans & Standards This section describes the City of Morro Bay's existing facility inventory of park facilities. As growth continues to push the geographic limits of the City, the facilities will increase to serve growth within the City of Morro Bay. City staff provided estimates of all existing facility inventories. Table 5.2. summarizes the value of all existing park land, trails, and bike paths. Table 5.2: Existing Park Inventory Acres 1 Sq Ft / Unit Cost (Land and Length Improvements) 2 Value Existing Facilities Parkland (acres) Bayshore Bluffs Park Morro Bay City Park Monte Young Park Anchor Park Lila Keiser Park Cloisters Park Del Mar Park North Point Natural Area Coleman Park Centennial Park Mariner Park Tidelands Park Trails/Bike Paths Miscellaneous Bike Paths 3.24 $ 900,000 $ 2,916,000 0.31 900,000 279,000 0.69 900,000 621,000 0.09 900,000 81,000 7.95 900,000 7,155,000 19.63 900,000 17,667,000 10.00 900,000 9,000,000 1.10 900,000 990,000 0.99 900,000 891,000 0.09 900,000 81,000 0.09 900,000 81,000 8.89 900,000 8.001.000 47,763,000 2,884,493 Open Space (acres) Cloisters Open Space 8.12 80,000 649,600 Morro Cove Open Space Dedication 1.55 80,000 124,000 Morro Dunes TPNacant/Beach 35.12 80,000 2,809,600 Sandspit 74.00 80,000 5,920,000 Open Space/Rock Lot/Beach 16.52 80,000 1,321,600 10,824,800 Total Facilities $ 61,472,293 Existing Service Population 11,145 Cost per Capita Facility Standard per Resident $ 5,516 Facility Standard per Worker' 1,048 Based on a weighing factor of 0.19. 2 Improvement costs are estimated at $200,000 per acre for site improvements (curbs, gutters, water, sewer. and electrical access), plus basic park and field amenities such as basketball or tennis court, restroom, parking, tot lot. inigation, turf, open green space, pedestrian paths, and picnic tables. Sources: Tables, 5.1; City of Morro Bay; MuniFinancial. MuniFinancial 25 • • • • • • Allocation of Facilities Costs to New Development Table 5.3 presents the cost of new park facilities needed to maintain the existing facility standard as growth occurs. The costs generated by new development also represent the total revenue that the park facilities fee would generate. These revenues should be annually programmed to capital improvement projects and be integrated into a 5 -year Capital Improvement Plan (CIP). Table 5.3: Park Facilities to Accommodate New Development Facility Standard Per Capita $ 5,516 New Development Service Population (2006 -2010) 673 Costs Generated by New Development $ 3,712,268 Sources: Tables 5.1 and 5.2; MuniFinancial Fee!Sciedule Table 5.4 presents the park facilities fee schedule based on the existing standard. The cost per capita is converted to a fee per square foot of new development based on service population densities. The total fee includes an administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and citywide administrative support, and impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. MuniFinancial 26 • • Table 5.4: Park Facilities Fee Land Use Cost per Cost per Total Fee I Capita Density3 Unit' Admin23 Fee' Sq. Ft. Residential Single Family $ 5,516 1.55 $ 8,531 $ 213 $ 8,744 $ 5.83 Multi- family 5,516 1.71 9,432 236 9,668 9.67 Nonresidential Commercial $ 1,048 2.10 $ 2,201 $ 55 $ 2,256 $ 2.26 Office 1,048 3.05 3,197 80 3,277 3.28 Industrial 1,048 1.00 1,048 26 1,074 1.07 1 Persons per 1,000 square feet. 2 Fee per 1,000 square feet. 3 Administrative charge of 2.5 percent Sources: Tables 2.1 and 5.2; MuniFinancial Im • iementation` ° "4 >' This section identifies tasks that the City should complete when implementing the fee programs. Programming Revenues and Projects with the CIP The City should update its Capital Improvement Plan (CIP) to program fee revenues to specific projects. Use of the CIP in this manner documents a reasonable relationship between new development and the use of fee revenues. If the total cost of all planned projects varies from the total cost used as a basis for the fee, the City should revise the fee accordingly. For the five -year planning period of the CIP, the City should allocate all existing fund balances and projected fee revenue to park facilities projects. The City can hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. Identify Non -fee Revenue Sources The City must identify non -fee revenue sources to fully fund the planned facilities and justify the maximum public facilities fee. The City should take any actions necessary to 'secure those funds. Inflation Adjustment The City should identify appropriate inflation indexes in the fee ordinance and adopt an automatic inflation adjustment to the fee annually. The City should use separate indexes for land and construction costs. Calculating the land cost index may require use of a property appraiser every several years. The construction cost index can be based on the Men :Financial 27 • • • • • City's recent capital project experience or taken from any reputable source, such as the Engineering News Record. To calculate the fee increases, each index should be weighted by the share of total planned facility costs represented by land or construction, as appropriate. Reporting Requirements The City should comply with the annual and five -year reporting requirements of Government Code 66000 et seq. For facilities to be funded with a combination of public facilities fees and other revenues, the City must identify the source and amount of the other revenues. The City must also identify when the other revenues are anticipated to be available to fund the project. MuniFinandat 28 • • 6. FIRE FACILITIES This chapter presents an analysis of the need for fire stations and related facilities to accommodate new development in the City of Morro Bay. A fee schedule is presented based on the cost of these facilities to ensure that new development provides adequate funding to meet its needs Service. Po • ulation The City's fire facilities serve both residents and businesses. Therefore, the City's service population, i.e. the number of residents and workers within its service area, measures the need for fire services and associated facilities. Table 6.1 provides estimates of the service populations in 2006 and 2010. The number of residents and workers are reasonable indicators of the level of demand for public facilities. In calculating the service population, workers were weighted less than residents to reflect lower per capita service usage. Nonresidential buildings are typically occupied less intensively than dwelling units, so it is reasonable to assume that average per- worker usage of services is less than average per - resident usage. The specific 0.69 per - worker weighting used here is derived from an extensive study carried out by planning staff in the City of Phoenix. Data from that study was used to calculate a per capita factor that is independent of land use patterns. Because of the large geographical area covered by this study, it is the best source of data for application to other areas. It is reasonable to assume that relative demand for fire service between residents and workers does not vary substantially on a per capita basis across communities, enabling use of this data for other communities in the documentation of a fire facilities impact fee. Table 6.1: Fire Facilities Service Population Service Population Weighted Workers (Res. + Weighted Residents Workers (Workers *.69) Workers) Existing (2006) New Development (2006 -2010) Total (2010) Weighting factor 10,293 4,485 3,095 13,388 625 251 173 798 10,918 4,736 3,268 14,186 1.00 0.69 Sources: Table 2.2; MunlFInancial. MuniFinancial 29 • • • • • Facilit Inventories, Plans & Standards The fire department presently provides 24 -hour protection to the City of Morro Bay from two stations. City staff provided existing facility inventories, which serve the existing service population. As growth continues to push the geographic limits of the City, the department will increase the size of the stations to serve growth within the City of Morro Bay. Table 6.2 summarizes existing fire facilities, including vehicles and equipment associated with fire functions. Table 6.2: Fire Existing Standard Inventory Unit Cost D Value Existing Facilities Land (acres) Cloisters Fire Station Site 0.99 $ 700,000 $ 693,000 Bonita Street Fire Station Site 0.15 700,000 104,000 Harbor Street Fire Station Site 0.51 700,000 357.000 Sub -total $ 1,154,000 Buildings (sq. ft.) Fire Station 54 (Offices) 2 1,000 $ 50 $ 50,000 Fire Station 54 (Apparatus Bay) 1,632 309 504,000 Fire Station 53 (Modular) 2,200 136 300,000 Sub -total $ 854,000 Vehicles & Equipment ° $ 2,520,366 Total Existing Facilities & Equipment $ 4,528,366 2006 Service Population 13,388 Cost per Capita $ 338 Facility Standard per Resident $ 338 Facility Standard per Worker' 233 ' Based on a weighing factor of 0.69 2 The Unit Cost of the building is based on possible use of the building in its current condition. J Unit costs based on current market value for the condition of the facilities and may not reflect the full replacement value. 4 Unit costs based on replacement value. Sources: City of Morro Bay; MuniFinancial. MuniFinancial 30 Facilit Needs and Cost Table 6.3 presents the cost of new fire facilities needed to maintain the existing facility standard as growth occurs. The costs generated by new development also represent the total revenue that the fire facilities fee would generate. These revenues should be annually programmed to capital improvement projects and be integrated into a 5 -year Capital Improvement Plan (CIP). Table 6.3: Fire Facilities to Accommodate New Development Facility Standard Per Capita New Development Service Population (2006 -2010) Total Generated by New Development $ 338 798 269,916 Sources: Tables 6.1 and 6.2; MuniFinancial Fee sScheduIe \3 _'' Table 6.4 presents the fire facilities fee schedule based on the existing plan standard. The cost per capita is converted to a fee per square foot of new development based on service population densities. The total fee includes an administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and citywide administrative.support, and impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. Table 6.4: Fire Facilities Fee Cost per Cost per Total Fee / Land Use Capita Densityt Unit' Admin2'a Feel Sq. Ft. Residential Single Family $ 338 1.55 $ 523 $ 13 $ 536 $ 0.36 Multi- family 338 1.71 578 14 592 0.59 Nonresidential Commercial $ 233 2.10 $ 490 $ 12 $ 502 $ 0.50 Office 233 3.05 712 18 730 0.73 Industrial 233 1.00 233 6 239 0.24 1 Persons per 1,000 square feet. 2 Fee per 1,000 square feet. J Administrative charge of 2.5 percent Sources: Tables 2.1 and 6.2; MuniFinancial MuniFinancial 31 • • • • IM s lementation This section identifies tasks that the City should complete when implementing the fee programs. Programming Revenues and Projects with the CIP The City should update its Capital Improvement Plan (CIP) to program fee revenues to specific projects. Use of the CIP in this manner documents a reasonable relationship between new development and the use of fee revenues. For the five -year planning period of the CIP, the City should allocate all existing fund balances and projected fee revenue to fire facilities projects. The City can hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. Inflation Adjustment The City should identify appropriate inflation indexes in the fee ordinance and adopt an automatic inflation adjustment to the fee annually. The City should use separate indexes for land and construction costs. Calculating the land cost index may require use of a property appraiser every several years. The construction cost index can be based on the City's recent capital project experience or taken from any reputable source, such as the Engineering News Record. To calculate the fee increases, each index should be weighted by the share of total planned facility costs represented by land or construction, as appropriate. Reporting Requirements The City should comply with the annual and five -year reporting requirements of Government Code 66000 et seq. For facilities to be funded with a combination of public facilities fees and other revenues, the City must identify the source and amount of the other revenues. The City must also identify when the other revenues are anticipated to be available to fund the project. MuniFinandiat 32 • • 7. STORM DRAIN FACILITIES This chapter presents an analysis of the need for storm drain related facilities to accommodate new development in the City of Morro Bay. A fee schedule is presented based on the cost of these facilities to ensure that new development provides adequate funding to meet its needs E : uivalent Dv ellii %WitsMSt New development generates additional storm water runoff by increasing the amount of land that is not penetrable to precipitation. Consequently, new development generates the need for, and benefits from, expanded storm drain facilities. Table 7.1 presents the percent impervious factors by land use type. Table 7.1: Storm Drainaae - Eau'valent Dwellina Units Average Equivalent Percent DU /Acre or Dwelling Unit Impervious2 Acre (EDU)3 Residential (Per Dwelling Units) Single Family Multi- Family Non - residential (Per Acre) Commercial Office Industrial 35% 49% 90% 95% 80% 6.65 11.40 1.00 1.00 1.00 1.00 0.82 17.10 18.05 15.20 Dwelling units per acre for residential usage and acres for Non - residential usage. 2 Percent Impervious Service derived from USDA data. 3 Equivalent Dwelling Unit ( "EDU ") based upon a comparison of all Residential and Non - residential use classifications to the Single Family Dwelling Unit which is assigned a rating of 1.0. Table 7.2 presents the growth in Equivalent Dwelling Unit (EDU) based on current and projected development through 2010 and the EDU calculations shown in Table 7.1. MuniFinancial 33 •' • • • • Table 7.2: Storm Drain Facilities Total Equivalent Dwelling Units 2006 2006 EDUs 2010 EDUs DUMSF' 2010 DUI KSF' Growth EDU' DU /Acre DU/Acre EDU Growth Residential (dwelling unit) Single Family 4,667 4,950 283 1.00 4,667 4.950 283 Multi- Family 2 333 2 443 110 0.82 1.913 2.003 90 Total Dwelling Units 7,000 7,393 393 6,580 6,953 373 Non-residential (1.000 sa 1(1 Commercial 790 834 44 Building Sq Ft Per Acre (0.25 FAR) 10 900 10 900 10 900 Total Commercial Acres 72 77 4 17.10 1.239 1,308 69 Office 693 732 39 Building Sq Ft Per Acre (0.25 FAR) 10 900 10,900 10 900 Total Commercial Acres 64 67 4 18.05 1,148 1,212 65 Industrial 549 580 31 Building Sq Ft Per Acre (0.30 FAR) 13 10Q 13 100 13 100 Total Commercial Acres 42 44 • 2 15.20 637 673 3Q Total EDUs Pecent of Total EDUs 7.819 8,261 442 95% 100% 5% Residential Dwelling Units (VU') from U.S. Census Bureau Table FI31 to ti-33 for 2000 as adjusted by 2005 California Depan.nent at Finance data. 2 2010 projection from SCAB for ResIdenilal and Non- restdental. ' From Table 7.1 Facillt iWc'htor es, Plans &'Standard& This section describes the City of Morro Bay's existing facility inventory of storm drain facilities. As growth continues to push the geographic limits of the City, the facilities will increase to serve growth within the City of Morro Bay. Table 7.3. summarizes the value of all existing storm drain facilities. Table 7.4 illustrates the storm drain facilities cost per EDU based on the project cost in Table 7.3 and the total EDU growth shown in Table 7.2. Table 7.3: Storm Drain Facilities - Existing Facilities Depreciated Storm Drain System Value Storm Drain Lines Total Storm Drain Facilities Costs Estimated Original Accumulated Costs Depreciation Current Value 899,141 $ 347,668 $ 551,473 $ 551,473 Sources: City of Morro Bay; MuniFinancial. MuniFinancial 34 • • Table 7.4: Storm Drain Facilities - Cost Per EDU EDU Calculation Total Cost to New Development' 2006 EDUs Cost Per EDU $ 551,473 7,819 $ 71 Source: Tables 7.3 and 7.2 Facilit ` Needs and Costs w'. Table 7.5 presents the cost of new storm drain facilities needed to maintain the existing facility standard as growth occurs. The costs generated by new development also represent the total revenue that the storm drain facilities fee would generate. These revenues should be annually programmed to capital improvement projects and be integrated into a 5 -year Capital Improvement Plan (CIP). Table 7.5: Stormdrain Facilities to Accommodate New Development Facility Standard Per EDU New Development EDUs (2006 -2010) New Development Contribution to Planned Facilities $ 71 442 31,388 Sources: Tables 7.3 and 7.4; MuniFinancial Fee Schedule Table 7.6 presents the storm drain facilities fee schedule based on the existing plan standard. The cost per EDU is converted to a fee per structural square foot of new residential development and a fee per land square foot of new non - residential development based on EDU's. The total fee includes an administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and citywide administrative support, and impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. MuniFinancial 35 • • • • • Table 7.6: Storm Drain Facilities - Proposed Fees EDU Factor Basel Land Use Cost per EDU1 Base Fee3 Admin Total Fee / Fee° Fees Sq. Fts'' Residential (Fee Per Square Foot of Unit) Single Family $ 71 Multi - Family 71 Non - residential (Fee Per Square Foot of Land) Commercial $ 71 Office 71 Industrial 71 1.00 $ 71 $ 2 $ 0.82 58 1 17.10 $ 1,214 $ 18.05 1,282 15.20 1,079 30 $ 32 27 73 $ 0.05 59 0.06 1,244 $ 0.03 1,314 0.03 1,106 0.03 ' From Table 7.4. 2 From Table 7.1. 3 Fee derived by multiplying the Cost per EDU by the EDU factor and rounded to nearest dollar. 4 Administration Fee of 2.5 percent of the Base Fee and rounded to nearest dollar. 5 Derived by adding the Base Fee by the Administration Fee. 6 Per Square Foot Non - residential Fee calculated by dividing the Total Fee by 43,560. Residential per square foot fee is based on a 1,500 sq. ft. single family home and a 1,000 sq. ft. multi family unit. Im; tether tation> This section identifies tasks that the City should complete when implementing the fee programs. Programming Revenues and Projects with the CIP The City should update its Capital Improvement Plan (CIP) to program fee revenues to specific projects. Use of the CIP in this manner documents a reasonable relationship between new development and the use of fee revenues. For the five -year planning period of the CIP, the City should allocate all existing fund balances and projected fee revenue to storm drain facilities projects. The City can hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. Inflation Adjustment The City should identify appropriate inflation indexes in the fee ordinance and adopt an automatic inflation adjustment to the fee annually. The City should use separate indexes for land and construction costs. Calculating the land cost index may require .use of a property appraiser every several years. The construction cost index can be based on the City's recent capital project experience or taken from any reputable source, such as the Engineering News Record. To calculate the fee increases, each index should be weighted by MuniFinancial 36 • • the share of total planned facility costs represented by land or construction, as appropriate. Reporting Requirements The City should comply with the annual and five -year reporting requirements of Government Code 66000 et seq. For facilities to be funded with a combination of public facilities fees and other revenues, the City must identify the source and amount of the other revenues. The City must also identify when the other revenues are anticipated to be available to fund the project. MuniFinanciat 37 • • • • • • 8. TRANSPORTATION FACILITIES This chapter summarizes an analysis of the need for, streets and related transportation facilities to accommodate growth within the City of Morro Bay. It documents a reasonable relationship between new development and a transportation fee to fund streets and related transportation facilities that serve new development. Tr`' •iDemani Estimates of existing and new development provide the basis for calculating the transportation facilities fee. Estimates of existing development provide the basis for the facility standard. The facility standard is used to determine the rate at which new development will be required to increase the value of the City's equity in its system of street improvements. Estimates of new development are used to calculate the total amount of fee revenues that would be generated. The need for transportation improvements is based on the trip demand generated by new development. A reasonable measure of this demand is the number of average daily. vehicle trips, adjusted for the type of trip. Vehicle trip generation rates are a reasonable measure of demand on the City's transportation system because alternate modes of transportation (transit, bicycle, pedestrian) are often substitutes for vehicle trips. The two types of trips adjustments made to trip generation rates to calculate trip demand are described below: • Pass -by trips are deducted from the trip generation rate. Pass -by trips are intermediate stops between an origin and a final destination that require no diversion from the route, such as stopping to get gas on the way to work. • Trip generation rate is adjusted by the average length of trips for a specific land use category compared to the average length of all trips on the street system. Table 8.1 shows the calculation of trip demand factors by land use category based on the adjustments described above. Data is based on extensive and detailed trip surveys conducted by the San Bernardino Association of Governments (SANBAG). The surveys provide one of the most comprehensive databases available of trip generation rates, pass -by trips factors, and average trip length for a wide range of land uses in San Bernardino County. MuniFinancial 38 Table 8.1: Trip Rate Adjustment Factor Total Excluding Pass -by' Average Adjust- Trip ment Length2 Factor3 Average Daily Trips° Trip Demand Factors Residential Single Family 100% 7.4 1.02 9.94 10.09 Multi- family 100% 7.4 1.02 6.89 6.99 Nonresidential' Commercial 70% 5.39 0.52 44.59 23.08 Office 100% 8.87 1.22 11.44 13.92 Industrial 100% 8.87 1.22 6.57 7.99 ' Percent of total trips. Primary trips are trips with no midway stops, or "links ". Diverted trips are linked trips whose distance adds at least one mile to the primary trip. Pass -by trips are links that do not add more than one mile to the total trip. 2 Average Trip Length is from SANBAG Trip Generation Rate Analysis. 3 The trip adjustment factor equals the percent of non - pass -by trips multiplied by the average trip length and divided by the systemwide average trip length of 7.29 miles. 4 Trip rates are the standard ITE rates, adjusted for passenger car equivalent (PCE). 3 The trip demand factor is the product of the trip adjustment factor and the average daily trips. 6 Trip percentages, average trip lengths, and average daily trips based on SANBAG Trip Generation Rate Analysis. r Trip percentages, average trip lengths, and average daily trips based on SANBAG Trip Generation Rate Analysis. Sources: San Bemardino Association of Governments, Trip Generation Rate Analysis; MuniFinancial. Table 8.2 estimates the trip demand generated by existing and new development on the City's system of street improvements between 2006 and 2010. Total trip demand is based on the trip demand factors calculated in Table 8.2 and the growth estimates in Table 2.1. As shown in the table, new development would represent approximately 5.4 percent of total trip demand. MuniFinancial 39 • • • Table 8.2: Trip Demand From Existing and New Development Trip Demand Factor Growth Existing 2010 Trip Existing Demand Total Trip From Trip Demand Growth Demand Residential (units) Single Family Multi- family Subtotal 10.09 6.99 Nonresidential (sq. ft.) Commercial 23.08 Office 13.92 Industrial 7.99 Subtotal Total Percent of Total 4,667 283 2,333 110 7,000 393 790 44 693 39 549 31 2,032 114 47,090 2,854 49,944 16,308 766 17,074 63,398 3,621 67,018 18,233 1,016 19,249 9,647 543 10,189 4.387 248 4.634 32,266 1,806 34,072 127,930 7,233 135,163 94.6% 5.4% 100% Source: Tables 2.2 and 8.1; MuniFinancial Fief lit ;lnv`eln'tor esrPlans` &Standardi The depreciated value of the City's existing and planned transportation facilities of $44.1 million (Table 8.3) is used to develop the transportation system facility standard in Table 8.4. This standard calculates an existing equity per trip that becomes the standard used in determining the fee. By using the depreciated value of facilities for transportation, fee revenues can be used for improvement projects that upgrade and increase the value of the entire system of facilities. New development would add to the existing equity in the City's system of facilities in proportion to growth in demand as measured by the increase in the number of new trips on the City transportation network. The equity approach allows jurisdictions to add a range of facilities to accommodate growth without having to exactly duplicate existing facilities. For example, rather than build a new road, a City may upgrade and expand the roadway as a better way to accommodate growth by increasing the number of lanes. This approach ensures new development is treated fairly by requiring contributions to these new facilities only up to the level of investment made by existing development. MuniFinancial 40 • • Table 8.3: Transportation Project List Estimated Original Accumulated Costs Depreciation Current Value Depreciated Street System Value Right of Ways $ 30,147,268 $ - $ 30,147,268 Pavement 14,894,107 2,658,337 12,235,770 Curbs and Gutters 447,319 238,570 208,749 Sidewalks 263,931 140,766 123,165 Bridges 1,384,874 154,095 1,230,779 Traffic Signals 210,166 52,100 158,066 Total Costs $ 44,103,797 Sources: City of Morro Bay, GASB 34; MuniFinancial Table 8.4: Transportation Existing Facilities Standard Depreciated Street System Value Total Street System Value Trip Demand - 2006 Existing Equity Per Trip $ . 44,103,797 $ 44,103,797 127,930 $ 345 Sources: Tables 8.2 and 8.3; MuniFinancial Facilit Needs and Costs Table 8.5 presents the cost of new transportation facilities needed to maintain the existing facility standard as growth occurs. The costs generated by new development also represent the total revenue that the transportation facilities fee would generate. These revenues should be annually programmed to capital improvement projects and be integrated into a 5 -year Capital Improvement Plan (CIP). MuniFinancial 41 • Table 8.5: Transportation Facilities to Accommodate New Development • • Total Equity Per Trip $ 345 Trip Demand From Growth (2006 -2010) 7,233 Contribution from New Development $ 2,495,385 Sources: Tables 8.2, 8.3 and 8.4; MuniFinancial. Fee`'Sc leCdule' Table 8.6 presents the transportation facilities fee schedule based on the existing plan standard. The cost per trip is converted to a fee per square foot of new development based on trip rates for residential and non - residential developments. The total fee includes an administrative charge to fund costs that include: a standard overhead charge applied to all City programs for legal, accounting, and other departmental and citywide administrative support, and impact fee program administrative costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analyses. Table 8.6: Transportation Facilities Fee Land Use Trip Equity Demand Base Total Fee / Per Trip Factor Fee1'4 Admin2•3 Feet Sq. Ft. Residential Single Family $ 345 10.09 $ 2,321 $ 58 $ 2,379 $ 1.59 Multi- family 345 6.99 2,412 60 2,472 2.47 Nonresidential Commercial $ 345 23.08 7,963 $ 199 $ 8,162 $ 8.16 Office 345 13.92 4,802 120 4,922 4.92 Industrial 345 7.99 2,757 69 2,826 2.83 Fee per 1,000 square feet for residential and nonresidential uses. 2 Fee per 1,000 square feet. 3 Administrative charge of 2.5 percent " Residential per square foot fee is based on a 1,500 sq. ft. single family home and a 1,000 sq. ft. multi family unit. Sources: Tables 8.2 and 8.4; MuniFinancial. MuniFinancial 42 Implementation This section identifies tasks that the City should complete when implementing the fee programs. Programming Revenues and Projects with the CIP The City should update its Capital Improvement Plan (CIP) to program fee revenues to specific projects. Use of the CIP in this manner documents a reasonable relationship between new development and the use of fee revenues. For the five -year planning period of the CIP, the City should allocate all existing fund balances and projected fee revenue to transportation facilities projects. The City can hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. Inflation Adjustment The City should identify appropriate inflation indexes in the fee ordinance and adopt an automatic inflation adjustment to the fee annually. The City should use separate indexes for land and construction costs. Calculating the land cost index may require use of a property appraiser every several years. The construction cost index can be based on the City's recent capital project experience or taken from any reputable source, such as the Engineering News Record. To calculate the fee increases, each index should be weighted by the share of total planned facility costs represented by land or construction, as appropriate. Reporting Requirements The City should comply with the annual and five -year reporting requirements of Government Code 66000 et seq. For facilities to be funded with a combination of public facilities fees and other revenues, the City must identify the source and amount of the other revenues. The City must also identify when the other revenues are anticipated to be available to fund the project. MuniFinancial 43 • • • • • • • • 9. WATER FACILITIES This chapter presents an analysis of the need for water facilities to accommodate new development in the City of Morro Bay. Separate fee schedules are presented based on the cost of these facilities based on the Net Facilities Project Cost. Dwellin � Unit.E • tiiNialentift yfri,.vividttsgr Facility standards are used to determine the capacity needed to accommodate development. Consequently, standards provide a reasonable relationship between development and the need for public facilities to serve that development. For purposes of this study, we used typical water consumption patterns to calculate the Dwelling Unit Equivalent (DUE) factors for the various land use types. Table 9.1 presents the growth projections for the City expressed in residential dwelling units for the residential land use type and in workers and building square feet for the nonresidential land use type. Table 9.2 presents the DUE conversion by land use. These DUE factors are used to allocate project costs among individual developments because they provide a reasonable estimate of each development's demand for water distribution facilities. MuniFinancia/ 44 Table 9.1: Growth Assumptions 2006 2010 Increase Residents' 10,293 10,918 625 Dwelling Units' Single Family 4,667 4,950 283 Multi- family 2,333 2,443 110 Total 7,000 7,393 393 Employment 2 Commercial 1,658 1,751 93 Office 2,115 2,233 118 Industrial 549 580 31 Subtotal 4,322 4,564 242 Other' 163 172 9 Total 4,485 4,736 251 Building Square Feet (000s) Commercial 790 834 Office 693 732 Industrial 549 580 Total 2,032 2,146 44 39 31 114 I California Department of Finance (DOF), as of January 1, 2006 2 SLOCOG 3 Represents government and other institutional. " Based on employment by land use and occupant density shown in Table 2.1. Sources: California Department of Finance (DOF), Table E -5, 2006; Employment Density Study Summary Report, prepared by the Natelson Company, October 2001; SLOCOG; MuniFinancial. MuniFinancial 45 • • • • • Table 9.2: Water Flow Generation Factors • } 0 ) § In 0 to co co 3 / u CO NI N CO N /\ CO ) [ £/ cn nd Use Cate Dwelling Units (DU) / Building Square Feet (00 Estimated Average Water Demand per DU or per acre (GPD) % LL 0. j \ , , E j 7.5 \ \ § / Plan and industry standards for non residential land uses. tE II le ce t to 0 ts \ \'t \'e jj \ \\ cr lo f2 !$ «)] Lt to \E `8i {\ }k{\) } / t 00 g 1g Sources: City of Morro Bay; MuniFinancial • ] $ • • Fee Schedule - Net Pro -ect Cost Table 9.3 presents the cost per DUE calculation based on existing DUE demand placed on the water system. The Net Facilities Project Costs is based on the current depreciated value of the water system.. Table 9.3: Fee per DUE Calculation Net Facilities Project Costs DUEs Fee per DUE $ 7,655,077 9,504 $ 805 Sources: Table 9.2; 2004 City of Morro Bay GASB 34 Report; MuniFinancial. Table 9.4 presents the proposed water facilities impact fee based on meter size. Table 9.4: Water Impact Fee AWWA Rated Meter Size Capacity GPM 5/8" 20 1" 50 1 1/2" 100 2" 160 3" 320 4" 500 6" 1,000 8" 1,600 AW WA Meter Service Ratio 1.0 2.5 5.0 8.0 16.0 25.0 50.0 80.0 Base Fee Admin Fee' $ 805 $ 2,013 4,025 6,440 12,880 20,125 40,250 64,400 20 50 101 161 322 503 1,006 1,610 Total Fee $ 825 2,063 4,126 6,601 13,202 20,628 41,256 66,010 ' Administrative charge of 2.5 percent Sources: Table 9.3a; MuniFinancial. MuniFinancial 47 • • • • • • Im ' Iementation This section identifies tasks that the City should complete when implementing the fee programs. Programming Revenues and Projects with the CIP The City should update its Capital Improvement Plan (CIP) to program fee revenues to specific projects. Use of the CIP in this manner documents a reasonable relationship between new development and the use of fee revenues. For the five -year planning period of the CIP, the City should allocate all existing fund balances and projected fee revenue to water facilities projects. The City can hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. Inflation Adjustment The City should identify appropriate inflation indexes in the fee ordinance and adopt an automatic inflation adjustment to the fee annually. The City should use separate indexes for land and construction costs. Calculating the land cost index may require use of a property appraiser every several years. The construction cost index can be based on the City's recent capital project experience or taken from any reputable source, such as the Engineering News Record. To calculate the fee increases, each index should be weighted by the share of total planned facility costs represented by land or construction, as appropriate. Reporting Requirements The City should comply with the annual and five -year reporting requirements of Government Code 66000 et seq. For facilities to be funded with a combination of public facilities fees and other revenues, the City must identify the source and amount of the other revenues. The City must also identify when the other revenues are anticipated to be available to fund the project. MuniFinancial 48 • • 10. WASTEWATER FACILITIES In 2004 the City of Morro Bay authorized a study to determine what improvements would be needed in their collection system over the next several years. The study recommended approximately $4 million worth of near term improvements and another $1 million in future capital improvements. In 2006 the City and the Cayucos Sanitary District approved a schedule that assured the conversion to full secondary and tertiary treatment and partial composting by March 31, 2014. A study is currently underway to determine the need for upgrades and expansion of the existing wastewater treatment plant to meet this schedule. Based on the status of the current study on the facilities and the financing plan for such improvements for the wastewater collection and treatment facilities, the City should review and calculate the amount of the impact fees once all costs are determined from the Master Plan and the alternatives for financing the future facilities have been evaluated. The availability of certain financing programs will have a significant affect on the final impact fees. With regards to the current impact fee collected by the City, we have completed an estimated analysis to confirm if such current fees are reasonable. Based on the current demand of approximately 11,489 DUEs in the system and conservative estimated facilities replacement costs of $26,040,379, the City may continue to collect the existing impact fee of $2,257, until a new impact fee study can be completed based on the new facilities costs. In addition, the City should identify an appropriate inflation indexes in the fee ordinance and adopt an automatic inflation adjustment to the fee annually. This chapter presents an analysis of the need for wastewater facilities to accommodate new development in the City of Morro Bay. Separate fee schedules are presented based on the cost of these facilities based on the Escalated System Cost. Dwelling Unit Equivalents Facility standards are used to determine the capacity needed to accommodate development. Consequently, standards provide a reasonable relationship between development and the need for public facilities to serve that development. For purposes of this study, we used typical wastewater facilities demand patterns to calculate the Dwelling Unit Equivalent (DUE) factors for the various land use types. Table 10.1 presents the growth projections for the City expressed in residential dwelling units for the residential land use type and in workers and building square feet for the nonresidential land use type. Table 10.2 presents the DUE conversion by land use. These DUE factors are used to allocate project costs among individual developments because they provide a reasonable estimate of each development's demand for wastewater facilities. MuniFinancial 49 • • • • • • Table 10.1: Growth Assumptions 2006 2010 Increase Residents' 10,293 10,918 625 Dwelling Units' Single Family 4,667 4,950 283 Multi- family 2,333 2,443 110 Total 7,000 7,393 393 Employment 2 Commercial 1,658 1,751 93 Office 2,115 2,233 118 Industrial 549 580 31 Subtotal 4,322 4,564 242 Other' 163 172 9 Total 4,485 4,736 251 Building Square Feet (000s) Commercial 790 834 44 Office 693 732 39 Industrial 549 580 31 Total 2,032 2,146 114 ' California Department of Finance (DOF), as of January 1, 2006 2SLOCOG 3 Represents government and other institutional. Based on employment by land use and occupant density shown in Table 2.1. Sources: California Department of Finance (DOF), Table E -5, 2006; Employment Density Study Summary Report, prepared by the Natelson Company, October 2001; SLOCOG; MuniFinancial. MuniFinancial 50 ration Facto le 10.2: Flow Ge r ra ro U 0 N 4) E E 0 to to C N 0 0 N CO N 0 0 00 0 N- CO M N O T N r r T. N N O O C) N O lD CO r r 0) r O N 01 Dwelling Units (DU) / Building Square Feet (000s) o. m ao n 0)) ' N M 0 n n O CO C) r O N O S N. - a O 0 a y (, 0 m o U ca m r a a `0 0 O O 0. a o N 2' 2' m 0 .co .c N N 0 `w a 0 A m 0) 3 0) nN O) 2 U m • N > > Q a ¢ o - W y LL N U C y C LL O w • Oo `w 0 «0 W W 0 )- 9 N 2.) TA c 0 0 m K E m E o N q LL T N LL c `m c 7m C 3 _ ,1= m v m $ _ m g m E r s v m g, o 0 m r °s3 :32E5 E m i E ° S • 0 3 0 A E 0 3 0 W ▪ 3 A a = 'o 2 m m m , o E 5 o ` L $ c 3 a , • 0• 133 E E D' U' m • m'a 8 w o ` c aLL n 3 t m m E o @ m iu m m 3 m °s 9 c v m m E y m o C amm a @i 5 q b • > V 0 o w a °_m o .O m m LL O a C W R P W Z 0 IS Source: City of Morro Bay; MuniFinancial • h • Fee Schedule - S stem Cost Table 10.3 presents the cost per DUE calculation based on existing DUE demand placed on the wastewater system. The Escalated System Cost is based on the Estimated Historical Cost, with a fifteen year escalation factor applied. Since most of the current wastewater facilities were installed prior to the last fifteen years and in many cases back to the 1950's, new facilities may require higher quality or environmental factors. Therefore, this cost only represents a portion of the full replacement cost for the system. Table 10.3: Fee per DUE Calculation Estimated Historical Cost $ 16,396,677 Cost Escalator 1 1.59 Escalated System Cost $ 26,040,379 DUEs 11,489 Fee per DUE $ 2,267 'Engineering News Reocrd Construction Cost Index- 10 year projection. Sources: Table 10.2; 2004 City of Morro Bay GASB 34 Report; MuniFinancial. Table 10.4 presents the proposed wastewater . facilities impact fee based on System Costs in Table 10.3 and meter size. MuniFinancial 52 • • Table 10.4: Wastewater Impact Fee Meter Equivalent Cost per Meter Meter Size Ratio 1,2 Admin 3 Total Fee 4 5/8" x 3/4" 1.00 $ 2,267 $ 6 $ 2,273 1" 1.67 3,778 9 3,788 11/2" 3.33 7,557 19 7,576 2" 6.67 15,113 38 15,151 3" 10.67 24,181 60 24,242 4" 16.67 37,783 94 37,878 6" 33.33 75,567 189 75,756 8" 80.00 181,360 453 181,813 10" 1.26.67 287,153 718 287,871 12" 166.67 377,833 945 378,778 t 5/8" x 3/4" meter size represents a single family dwelling unit. 2 Fee per meter size based on meter equivalent ratio (relative to a single family dwelling unit). 3 Administrative charge of 2.5 percent. 4 Total fee per meter size. Sources: Table 10.2; City of Morro Bay; MuniFinancial. MuniFinancial 53 • • • Im • lementation This section identifies tasks that the City should complete when implementing the fee programs. Programming Revenues and Projects with the CIP The City should update its Capital Improvement Plan (CIP) to program fee revenues to specific projects. Use of the CIP in this manner documents a reasonable relationship between new development and the use of fee revenues. For the five -yeat planning period of the CIP, the City should allocate all existing fund balances and projected fee revenue to wastewater facilities projects. The City can hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. Inflation Adjustment The City should identify appropriate inflation indexes in the fee ordinance and adopt an automatic inflation adjustment to the fee annually. The City should use separate indexes for land and construction costs. Calculating the land cost index may require use of a • property appraiser every several years. The construction cost index can be based on the City's recent capital project experience or•taken from any reputable source, such as the Engineering News Record. To calculate the fee increases, each index should be weighted by the share of total planned facility costs represented by land or construction, as appropriate. Reporting Requirements The City should comply with the annual and five -year reporting requirements of Government Code 66000 et seq. For facilities to be funded with a combination of public facilities fees and other revenues, the City must identify the source and amount of the other revenues. The City must also identify when the other revenues are anticipated to be available to fund the project. MuniFinancial 54 • • 11. MITIGATION FEE ACT FINDINGS Public facilities fees are one -time fees typically paid when a building permit is issued and imposed on development projects by local agencies responsible for regulating land use (cities and counties). To guide the widespread imposition of public facilities fees, the State Legislature adopted the Mitigation Fee Act (the Act) with Assembly Bill 1600 in 1987 and subsequent amendments. The Act, contained in California Government Code Sections 66000 through 66025, establishes requirements on local agencies for the imposition and administration of fee programs. The Act requires local agencies to document five findings when adopting a fee. The five statutory findings required for adoption of the maximum justified public facilities fees documented in this report are presented in this chapter and supported in detail by the report that follows. All statutory references are to the Act. Pur ose of .,Fee For the first finding the City must: Identify the purpose of the fee. §66001(a)(1) The policy of the City of Morro Bay is that new development will not burden existing development with the cost of public facilities required to accommodate growth. The purpose of the public facilities fees documented by this report is to implement this policy by providing a funding source from new development for capital improvements to serve that development. The fees advance a legitimate interest of the City by enabling the City to provide municipal services to new development. Use of Fee Revenues For the second finding the City must: Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Section 65403 or 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged. 566001 (a) (2) The public facilities fees documented by this report will fund expanded facilities to serve new development. All facilities funded by these fees will serve residents and workers of the City of Morro Bay. Each public facility fee will be restricted to funding only one of the following types of public facilities: MuniFinancial 55 • • • • • • General facilities; • Police facilities; • Park facilities; • Fire facilities; • Strom Drain facilities; • Transportation facilities; • Water facilities; and • Wastewater facilities Detailed descriptions of certain planned facilities, including their specific location if known at this time, are included in master plans, capital improvement plans, or other City planning documents or are available from City staff. The City may change the list of planned facilities to meet changing circumstances and needs, as it deems necessary. The fee program should be updated if these changes result in a significant change in the fair share cost allocated to new development. Benefit Relationshi For the third finding the City must: Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed: §66001(a)(3) The City will restrict fee revenues to the acquisition of land, construction of public buildings, and purchase of related equipment, furnishings, vehicles, and services that serve new development. Public facilities funded by each fee will provide a citywide network of services accessible to the additional residents and workers associated with new development. Fees will not fund planned facilities needed to correct existing deficiencies. Thus, there is a reasonable relationship between the use of fee revenues and the residential and nonresidential types of new development that will pay the fee. Burden Relationship For the fourth finding the City must: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. §66001(a)(4) The need for each type of facility is based on a facility standard that represents the demand generated by new development for that facility. Service population, EDUs, DUEs and trips determine demand for facilities. For each facility type demand is MuniFinandal 56 • • measured by a single facility standard that can be applied across land use types to ensure a reasonable relationship to the type of development. Service population standards are calculated based on residents associated with residential development and employment associated with nonresidential development. To calculate a single per capita standard, one worker is weighted less than one resident based on an analysis of the relative demand between residential and nonresidential development. The same facility standards used to determine growth needs are also used to determine if planned facilities will partially serve existing development by correcting existing deficiencies. This approach ensures that new development will only be responsible for its fair share of planned facilities, and that each public facilities fee will not unfairly burden new development with the cost of facilities associated with serving existing development. See the Growth Projections chapter for a description of how service population and growth projections are calculated. Facility standards are described in the Facility Inventories, Plans and Standards section of each fee chapter. Pro • ortionalit For the fifth fording the City must: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. §66001(b) This reasonable relationship between each public facilities fee for a specific development project and the cost of the facilities attributable to that project is based on the estimated amount of demand that the project will accommodate. The total fee for a specific project is based on its size as measured by building square feet. The fee schedule converts the estimated demand that a development project will accommodate into a fee based on the size of the project. Larger projects of a certain land use type will have a higher service population and pay a higher fee than smaller projects of the same land use type. Thus, the fee schedule ensures a reasonable relationship between the public facilities fee for a specific development project and the cost of the facilities attributable to that project. See the Growth Projections chapter or Demand section in each specific chapter for a description of how demand is determined for different types of land uses using occupancy density factors. See the Fee Schedule section of each facility chapter for a presentation of the public facilities fee schedule. MurFinan iat 57 • • • • • VI EXHIBIT B REVISED FEE SCHED1E Adjusted Public Facilities Fee Summary (per Square Foot) General Stenn Land Use Government Police Parks Fire Drain Traffic Water") Wastewater rat Total (Fee per Square Foot) Single Family $ 0.98 $ 0.33 $ 1.03 $ 0.36 $ 0.05 $ 1.59 $ 0.55 $ 1.52 $ 6.41 Multi-family $ 1.63 $ 0.54 $ 1.71 $ 0.59 $ 0.06 $ 2.47 $ 0.83 $ 2.27 $ 10.10 Nonretidentia( (Fee per Building Square Foot, Except Storm Fees which am per Land Square Foot) Commercial $ 0.19 3 0.06 $ - 3 0.18 $ 0.03 3 2.88 S 2.06 3 3.79 6 9.17 Office $ 0.27 S 0.08 3 - $ 0.26 3 0.03 $ 1.72 3 2.08 3 3.79 3 8.21 Industrial $ 0.09 $ 0.03 $ - $ 0.08 S 0.03 $ 0.99 $ 2.06 $ 3.79 $ 7.07 1 Water and wMWralr actual fees ale bud co the max Nee Amount Nowt is ea9reled bud on the M h UM* E.3 aided by the estimated balding aquae Math T•ble E3. Adjusted Public Facilities Fee Summary Estimated General Storm Land Use Building Sq Ft Government Police Parks Fire Drain Traffic Water "' Wastewater nil Total $genWsI (Fee per Unit, Based on Estimated &dh*ng Sq FC except Water end Wastewater) Single Family 1,500 $ 1,470 $ 495 $ 1,545 $ 540 $ 75 $ 2,385 $ 825 $ 2.273 $ 9,608 Multi-family 1,000 $ 1,630 $ 540 $ 1,710 $ 590 $ 60 $ 2,470 $ 825 $ 2,273 $ 10,098 Non,M$ntiai (Fee per 1,000 Building Square Feet, Except Storm Fees which am per Acre and Water and Wastewater) Commercial 1,000 $ 190 $ 60 $ - $ 180 8 1,307 $ 2,860 $ 2,063 $ 3,788 $ 10,447 O81ce 1,000 $ 270 $ BO S - 8 260 $ 1,307 $ 1,720 $ 2,063 $ 3,788 $ 9,487 Industrial 1,000 $ 90 $ 30 $ - $ 80 $ 1,307 $ 990 $ 2,063 $ 3,788 $ 8,347 1 Based one 51a inch near far ResidrNe and 1 Inch for No.wesidraa. RESOLUTION NO. 46-07 DESIGNATION OF PRIMARY AND SECONDARY PROPOSERS FOR ® LEASE SITE 87-88/87W-88W AND AUTHORIZATION FOR THE PRIMARY PROPOSER, CALDWELL/REDICAN, TO APPLY FOR DEVELOPMENT PERMITS FOR LEASE SITE 87.88/87W-88W LOCATED AT 833 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS the City of Morro Bay is the lessor of certain properties on the Morro Bay Waterfront described as Lease Site 87-88/87W-88W; located at 833 Embarcadero; and, WHEREAS, the Morro Bay City Council directed staff to put out a request for proposals for development of said Lease Site; and, WHEREAS City staff prepared a request for proposals with a submittal deadline of July 31, 2007, advertised said request in local papers; and, WHEREAS, on July 31, 2007 three qualified proposals were received at City Hall, and, WHEREAS, City staff set up a three person panel to review the proposals; and, WHEREAS, on September 4, 2007 the panel heard presentations from all the proposers and recommended that the City Council designate Burt Caldwell and Doug Redican Proposal I (Caldwell/Redican) as the primary proposer and Violet Leage as the ® secondary proposer for Lease Site 87-88/87W-88W. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Caldwell/Redican Proposal I is hereby designated as the primary proposer for Lease Site 87-88/87W-88W and that the proposal submitted by Violet Leage is hereby designated as secondary proposer for Lease Site 87-88/87W-88W. BE IT FURTHER RESOLVED, that as primary proposer Caldwell Redican must obtain concept level approval of the development plans for Lease Site 87-88/87W-88W by September 24, 2008. City staff is hereby authorized to complete any necessary paperwork, such as the landlord's consent, to enable Caldwell/Redican to apply for said development permits. BE IT FURTHER RESOLVED, that should Caldwell/Redican fail to meet the September 24, 2008 deadline for concept level approval of development plans, the secondary proposer, Violet Leage, will ascend to the primary proposer position. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24`s day of September 2007, by the following vote: AYES: DeMeritt, Grantham Peirce, Peters NOES: Winholtz ABSENT: None u. JA E PETERS MAYOR JA91E BOUCHER, DEPUTY CITY CLERK ® RESOLUTION NO. 45-07 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 WHEREAS, Government Code Sections 30061 through 30064 is providing supplemental funds for front line municipal police services after the City adopted its 2007-2008 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 City Council of the City of Morro Bay, California, at a regular meeting held on the 24 h of September 2007, by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: J / J e Boucher, Deputy City Clerk 11 ® RESOLUTION NO. 44-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING COOPERATIVE PURCHASING AGREEMENTS (PIGGYBACK PURCHASING) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has the need to purchase items through the Request for Proposal (RFP) process; and WHEREAS, California Government Code Sections 54201 - 54205 that set the practice of establishing purchasing policies by local governments do not preclude governmental agencies from purchasing items based on the RFP process of another governmental agency; and WHEREAS, Staff recognizes the amount of time spent in RFP process that will be saved through cooperative purchasing agreements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the ® City of Morro Bay, California, that the City will engage in cooperative purchasing agreements (piggyback purchasing) where it is beneficial to the City and declare the following employee to act on the City's behalf: Susan Slayton Finance Director/Treasurer/Purchasing Agent PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10th day of September 2007, on the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None None ABSENT: ATTEST: C' ,t BAUER, ® RESOLUTION NO.43-07 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 PARTNERSHIPS 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, the Department anticipates issuing a 2007 Notice of Funding Availability announcing the funds under the HOME Over -the -Counter Program (the "OTC NOFA'); and WHEREAS, In response to the 2007 OTC 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 2007 OTC 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). Resolution No. 43-07 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 August 27, 2007 by the following vote: AYES: NOES: ABSENT: DeMeritt, Grantham, Peirce, Winholtz, Peters None None ATTEST: BRIDGET AUER, City Clerk C ® RESOLUTION NO.42-07 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO AN AMENDMENT TO GRANT AGREEMENT #05-128-990 WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR MORRO BAY STATE PARK REHABILITATION PROJECT PLANNING THE CITY COUNCIL City of Morro Bay, California WHEREAS, in 2002 the City of Morro Bay (City) and the California Department of Parks and Recreation (State Parks) entered into an agreement to have the City of Morro Bay manage planning, design and construction for improvements and rehabilitation of the State Park . Marina; and, WHEREAS, per the terms of the agreement between the City and State Parks, revenues from the State Park Marina are paid to the City to complete an EIR for the rehabilitation project and, WHEREAS, funding for construction of the actual improvements to the State Park Marina as yet unsecured, but the project may qualify for the DBW Capital Outlay Program; and, WHEREAS, in July 2006 the City and DBW entered into grant agreement #05-128-980 to provide $80,000 funding for planning work to fiuther identify and analyze dredging disposal analysis and construction alternatives; and, ® WHEREAS, DBW has agreed to fund an additional $85,000 through an amendment to grant agreement 405-128-980 to work on design specifications and cost estimates for the State Park Marina Rehabilitation -Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay is hereby authorized to enter into amendment #05-128-980 for the Morro Bay State Park Marina Rehabilitation Project Planning Grant in the amount of $85,000. BE IT FURTHER RESOLVED, that the Harbor Director is hereby authorized to act as the City's agent in regards to all aspects of the amended grant agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27 ° day of August 2007, by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters 11 RESOLUTION NO.41-07 ® RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA FOR THE APPLICATION/AUTHORIZATION/REE"URSEMENT FOR THE SMALL COMMUNITY WASTEWATER GRANT PROGRAM THE CITY COUNCIL City of Morro Bay, California APPLICATION/AUTHORIZED REPRESENTATIVE RESOLUTION WHEREAS, the City Council of the City of Morro Bay agrees that the Finance Director is hereby authorized and directed to sign and file, for and on behalf of the City of Morro Bay, a Financial Assistance Application for a loan/grant from the State Water Resources Control Board in the amount not to exceed $1,428,400, for the planning, design, and construction of the Morro Bay/Cayucos Sanitary District Jointly - owned Wastewater Treatment Facility; and WHEREAS, the City of Morro Bay hereby agrees and further does authorize the aforementioned representative or his/her designee to certify that the City has and will comply with all applicable state and federal statutory and regulatory requirements related to any federal and state loan/grants received. ® NOW, THEREFORE BE It RESOLVED, that the Finance Director or his/her designee of the City of Morro Bay is hereby authorized to negotiate and execute a loan/grant contract and any amendments or change orders thereto and certify loan/grant disbursements on behalf of the City of Morro Bay. REIMBURSEMENT RESOLUTION WHEREAS, the City of Morro Bay (the "City") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including certain treatment facilities, pipelines and other infrastructure (the "Project"); and WHEREAS, the City intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ('Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (SWRCB); and WHEREAS, the SWRCB may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"); and WHEREAS, prior to either the issuance of the Obligations or the approval by the SWRCB of the Project Funds the City desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of the City; and ® WHEREAS, the City has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the City for the Expenditures from the proceeds of the Obligations; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: ® SECTION 1. The City hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $24,770,000. (Note: The Division of Financial Assistance may provide up to 150 percent of the Preliminary Loan Commitment without having to go back to the Board or Division Chieffor reauthorization. Also, the amount stated here cannot be exceeded by Division unless superceded by Resolution.) SECTION 3. This resolution is being adopted no later than 60 days after the date on which the City will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Expenditure by the City will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this City is not aware of the previous adoption of official intents by the City that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the City in order to comply with Treasury ® Regulation § 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this City so finds, determines and represents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of August 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winhol NOES: None ABSENT: None ATTEST: I0 ® RESOLUTION NO.40-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING INITIATION OF PROCEEDINGS FOR THE ANNEXATION OF CITY -OWNED PROPERTIES IN THE CHORRO VALLEY THE CITY COUNCIL City of Morro Bay, California WHEREAS, City of Morro Bay City Council desires to initiate proceeding pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California government Code, for annexation of territory to the City of Morro Bay; and WHEREAS, this resolution is submitted to comply consistent with Government Code Section 56700; and WHEREAS, the Notice of Intent to adopt this Resolution of Application has been given according to Government Code Section 56654(b); and WHEREAS, the following agency or agencies would be affected by the proposed jurisdictional changes: Agency: County of San Luis Obispo. Nature of Change: Annex into ® the City of Morro Bay; and WHEREAS, the territory is uninhabited. A map of the territory is attached hereto as Exhibits A, and is incorporated herein by this reference; and WHEREAS, the proposed annexation is subject to the following terms and conditions; a. The property is intended to be used by the City of Morro Bay for operation and maintenance of City water wells and associated public facility uses. The City of Morro Bay does not intend for the property to be used for any other use. WHEREAS, the City of Morro Bay intends to file an application with the County of San Luis Obispo requesting a change in land use from the current agriculture zoning to public facilities; and WHEREAS, LAFCO will assume Lead Agency status, responsible for compliance with the California Environmental Quality Act (CEQA) and the City of Morro Bay shall pay for any studies needed to comply with CEQA; and ® WHEREAS, LAFCO had determined that this proposal meets the criteria for waiver of Conducting Authority proceedings as set forth in Government Code Section 56663(a). ® Resolution No. 40-07 Page Two NOW, THEREFORE, BE TT RESOLVED that the City Council of the City of Morro Bay hereby adopts and approves this Resolution of Application, and hereby requests that LAFCO proceed with the processing of this sphere of influence amendment and the annexation of territory as authorized and in the manner provided by the Cortese -Knox - Hertzberg Local Government Reorganization Act of 2000. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 1 P day of August 2007 on the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGE BAUER, City Clerk E ® RESOLUTION NO.39-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE GUIDELINES FOR MAJOR VEGETATION REMOVAL; REPLACEMENT AND PROTECTION THE CrrY CouNcn, CrrY OF MORRO BAY, CALIFORNIA WHEREAS, the Morro Bay General Plan/Local Coastal Plan recognizes the importance that Major Vegetation adds to the character and beauty of the City; and WHEREAS, the Morro Bay Municipal Code and the Coastal Act require a Coastal Development Permit for the "removal or harvesting of major vegetation other than for agricultural purposes" but do not include a definition of"major vegetation' in the regulations; and WHEREAS, the City of Morro Bay has therefore determined that reasonable regulation of the removal, replacement and protection of major vegetation is necessary to promote the public ® health, safety and general welfare of the community; and WHEREAS, in 1995 the City Council of the City of Morro Bay adopted Major Vegetation Removal, Replacement and Protection Guidelines; and WHEREAS, by Resolution 11-07, the City Council on March 12, 2007 amended the Major Vegetation Removal, Replacement and Protection Guidelines; and WHEREAS, based on experience in implementing the 1995 Guidelines and the 2007 Amendment there is a need to again update and refine the current Guidelines to prohibit the removal of trees during nesting season. NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay hereby amends and makes revisions to the Major Vegetation Removal, Replacement and Protection Guidelines that were previously adopted by the City Council as follows: C Resolution 39-07 Page 2 of 4 . Major Vegetation Removal, Replacement and Protection Guidelines A. Pursuant to 17.12.199.G. Major Vegetation Shall Be Defined As: 1. Natural riparian vegetation within fifty (50) feet from the top of a creek bank, coastal bluff, beach, or sand dune. 2. Natural riparian vegetation within fifty (50) feet from a wetland as defined by the U.S. Fish and Wildlife Service and the Coastal Commission Statewide Interpretive Guidelines. 3. Threatened or endangered plant species including trees as defined by the Environmental Protection Agency and the California Natural Diversity Data Base. 4. Vegetation growths providing a significant habitat base for threatened or endangered animal species. 5. City -designated or voluntarily identified landmark trees. 6. Any tree with a trunk that is a minimum of six (6) inches in diameter (i.e., 18.8" in circumference) at four and one half feet (4 1/2) vertically above the ground, or, any tree with multiple trunks that includes at least one trunk with a minimum diameter of six (6) inches in diameter at four and one half feet (4 1/2) vertically above the ground or with trunks that have an aggregate diameter of at least twenty (20) inches at four ® and one half feet (4 1/2) vertically above the ground. 7. Exceptions which are NOT considered major vegetation: a. Crop trees and/or ornamental edible fruit trees are not considered major vegetation and shall not require a Coastal Development Permit for removal. b. Diseased, damaged and/or aged trees that pose an imminent danger to persons and/or property shall not require a Coastal Development Permit for removal. If the tree to be removed is diseased and/or hazardous, a report by a certified arborist stating that the tree presents a hazard and must be immediately removed shall be submitted to the Public Services Department. C. Single family residential homes shall not require a Coastal Development Permit for the removal of less than three trees in any twelve (12) month period. B. Coastal Development Permit and Findings Required: 1. Removal of major vegetation as defined in Section A shall require a Coastal Development Permit which shall be processed as follows: a. Ifthe major vegetation removal is within non -appeal jurisdiction, the City shall process an Administrative Coastal Development Permit (the administrative permit process shall be changed to a "Minor Coastal Development Permit" procedure at the time the City implements such procedure). ® b. If the major vegetation removal is within appeal or original jurisdiction, a regular Coastal Development Permit shall be required. Resolution 39-07 Page 3 of 4 2. For a Coastal Development Permit to issue, the following findings must be made: a. That the major vegetation removal, as mitigated, will not significantly impact any threatened or endangered plant or animal habitat area b. That reasonably calculated mitigation measures are in place to avoid dangerous soil erosion or instability resulting from the removal; C. That the Major Vegetation removal will not adversely affect the character of the surrounding neighborhood. 3. In the event that a Coastal Development Permit is denied under the terms of these guidelines and said denial is the sole cause that the property owner is reasonably unable to develop the property, the City may waive the provisions of this ordinance in such a manner as to make reasonable development possible. C. Vegetation Protection Policy: 1. Except in the case of an emergency as determined by the Director of Public Services, no tree should be removed during nesting season, which is February 1 through June 30. D. Vegetation Replacement Policy: 1. All citizens of Morro Bay and all tree owners presenting Removal Notification shall be encouraged to participate in the Voluntary Tree Program. Replacement vegetation may be planted on site, on City property w directed by the Public Works Department, or on property designated in the "Trees Wanted List," which shall consist of property owners who would like trees planted on their property and are willing to commit to maintain the planted trees until established; the City will provide the property owner with printed information on the City -sponsored Voluntary Tree Program. 2. All major vegetation removed with a Coastal .Development Permit (Minor, Administrative, or Regular) shall be subject to a mandatory replacement program as follows: E. Fees: E a. Trees shall be replaced at a ratio of two 5-gallon trees or one 15-gallon tree for every tree removed. b. Tree removal within an Environmentally Sensitive Habitat (ESH) zone, a wetland, or a stream corridor shall be replaced at a ratio of three 5-gallon trees or two 15-gallon trees for every tree removed. C. Replacement vegetation may be planted on the applicant's site or other privately held lands with the property owner's permission, or presented to the City to plant on public lands. A fee equal to the City's cost of such permit processing shall be charged for all Coastal Development Permits. Resolufion 39-07 Page 4 of 4 E 0 11 F. Fines and Penalties: l . Any unpermitted major vegetation removal undertaken in an ESH zone, a wetland, or a stream corridor shall be replaced at a ratio of five 15-gallon trees for every tree removed. 2. Any unpermitted tree removal undertaken in an area other than an ESH zone, wetland, or a stream corridor shall be replaced at a ratio of two 15-gallon trees for every tree removed: 3. If the City finds a professional person or company responsible for the illegal removal of major vegetation, the City shall notify the appropriate certifying body and/or licensing board to inform them of the name of the professional responsible for the unauthorized removal and the circumstances of the violation. G. Maior Vegetation Plan for Proposed Construction: 1. All proposed construction plans shall show existing major vegetation. 2. If Staff finds that the proposed construction will encroach on existing major vegetation, the applicant shall: a. Have the option of requesting a permit to remove the vegetation; or b. Retain the vegetation with recommendations from Planning and Building staff for protective plans. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9t° day of July, 2007 by the following vote: AYES: NOES: ABSENT DeMeritt, Grantham, Peirce, Wuiholtz, Peters None None ABSTAIN: None ATTEST: BRIDGE BAUER, CITY CLERK RESOLUTION NO.37-07 ® APPROVAL OF TWO SUBLEASE AGREEMENTS FOR PORTIONS OF LEASE SITE 124-128/124W-128W, LOCATED AT 1215 EMBARCADERO, BETWEEN DARBY NEIL AND VIRG'S LANDING, INC. AND BETWEEN DARBY NEIL AND SURACHETE KORWAIS DBA THAI BOAT AND SEAFOOD MARKET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 124-128/124W-128W; and, WHEREAS, Darby Neil is the lessee of said property; and, WHEREAS, Darby Neil has requested City Council approval of a sublease agreements for portions of Lease Site 124-128/24W-128W between Darby Neil and Virg's Landing, Inc. and between Darby Neil and Surachete Korwais, dba Thai Boat and Seafood Market; and, WHEREAS, Darby Neil has completed the assignment application form, paid the assignment fee and provided background information on the proposed subleases. The Consent to Sublease agreements have been executed and copies of the sublease agreements have been provided to the City. is NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that subleases for portions of Lease Site 124-128/124W-128W between Darby Neil and Virg's Landing, Inc. and between Darby Neil and Surachete Korwais, dba Thai Boat and Seafood Market are hereby approved and that the Mayor is hereby authorized to execute the Consent to Sublease documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9t' day of July 2007, by the following vote: AYES: DeMeritt, Peirce, Winholtz, Peters NOES: None ABSENT: Grantham J CE PETERS, MAYOR B G—E-7T�-3-ZER, CITY CLERK E RESOLUTION NO. 36-07 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 29, 2007 the City Council did adopt Resolution No. 29-07 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 25, 2007 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 25, 2007 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 2007-08 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 2007-08 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 25th day of June, 2007 by the following roll call vote: AYES: DeMeritt, Grantham, Peirce, Wirtholtz, Peters NOES: None ABSENT: None 9RIDGETT(�AUER, CITY CLERK EXHIBIT 'A' CITY OFMORRO BAY 40 NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING . MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM It -I 082 s , =� 22. - NO AREA /c) 0� y4/ r NORTH POINT NATURAL AREA LEGEND I. = LOT NUMBER 0 = COUNTY ASSESSORS PARCEL NUMBER Z0 A 1 . TRACT 2110 g � 21 c 1¢ ACi RESOLUTION NO. 35-07 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 29, 2007 the City Council did adopt Resolution No. 28-07 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 25, 2007 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 25, 2007 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 2007-08 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 2007-07 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 25th day of June, 2007 by the following roll call vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ATTEST: BRIDGETT B6UER, CITY CLERK TPOB PARCEL 1 Most northerly comer Lot 122 of Tract 1996 0 0 0 a 0Q.r L' = 400• EXH o : oT A 0 P RESOLUTION NO.33-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE ESTABLISHMENT OF A LINE OF CREDIT WITH FIRST BANK OF SAN LUIS OBISPO AND DESIGNATING TRANSACTION OFFICERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, staff recognizes the need to interim financing to cover cash flow shortages due to timing of the arrival of key revenues; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City establish a line of credit with First Bank of San Luis Obispo and designate the following officers to withdraw funds and effect changes to the account: Janice Peters Mayor Robert E. Hendrix City Manager Susan Slayton Finance Director/Treasurer Joyce Bunting Accountant Laurie Goforth Lead Account Tech PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11 th day of June 2007, on the following vote: AYES: Grantham, Peirce, Peters NOES: DeMeritt, Winholtz F.V6, 1111 4 W ; ATTEST: BRIDGETTYAUER, City Clerk ® RESOLUTION NO.32-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING APPROPRIATIONS LIMIT THE CITY COUNCIL City of Morro Bay, California WHEREAS, Article XIIIB of the California Constitution establishes a limitation on the appropriation of funds by the City; and WHEREAS, the.City has calculated the appropriations limit in accordance with the provisions of Article XIIIB of the California Constitution; and WHEREAS, Proposition 11I of June 1990 requires an annual election of the methodology used in the calculation of the current year appropriations limit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, to accept the calculation as prepared by the Finance Department and establish the fiscal year 2007-08 Appropriations Limit at $18,617,934. ® 'PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11th day of June 2007, on the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ATTEST: i -:OU t. 'A: . . 0 Attachment A Ll El 0 ONN PO T006��1 J H O N O�/1M Mm P 00-+n <Q Z O viO n. 00 Vf �O tD �O C O f w r ri�u N P a i WWC n � P $ OWi O $ V1 P W p a0 J U N �zp $ 025 o cc = ti O O C W Www O O V 3 0LLp m` o en Q N ^ 3 m r; P O N z M m m O m rf P O LL O in o J O N O y O Q P r N J O v� o W � N o ovrvim o0 oo"v b vio r; oni W-m W O N 1 1 P P 1 C w � N P W V1 na z> LD Dui vwi p�z sow LL O J O O LL zw}n rur?gaLL W r�wc n M www> as w w-wCe a2 K r w O W W V1 x r n 0 d K 7 u V 0 Attachment B E . CITY OF MORRO BAY APPROPRIATION LIMIT DOCUMENTATION FISCAL YEAR 2007-08 PROCEEDS OF TAXES CALCULATION (1) PROCEEDS TOTAL PROCEEDS OTHER THAN ESTIMATED OF TAXES TAXES REVENUES PROPERTY TAXES $ 2,250,589 $ $ 2,250,589 OTHER TAXES 4,070,521 625,000 4,695,521 PERMITS 277,325 277,325 REVENUE FROM AGENCIES STATE 710,349 710,349 STATE/COUNTY GRANTS 300,800 300,800 FEDERAL GRANTS - - USE OF MONEY & PROPERTY INTEREST 79,981 135,513 215,494 RENT 186,000 186,000 FINES @ FORFIETURES 58,000 58,000 CHARGES FOR SERVICES 9,936,182 9,936,182 OTHER REVENUES 530,250 530,250 $ 7,111,440 $ 12,049,070 $ 19, 160,510 (2) [3) CALIFORNIA POPULATION YEAR PCPI CHANGE CHANGE LIMIT 1978-79 BASE YEAR $ 3,046,393 1979-80 10.17% 1.380k 3,402,527 1980-81 10.53% 0.26% 3,770,591 1981-82 9.12% 1.39% 4,171,660 1982-83 6.79% 2.04% 4,545,796 1983-84 2.35% 1.81% 4,736,835 1984-85 4.74% 1.75% 5,048,185 1985-86 3.74% 1.62% 5,321,826 1986-87 2.3096 4.12% 5,668,530 1987-88 3.04% 2.93% 6,011,990 1988-89 3.93% 3.83% 6,487,570 1989-90 4.98% 3.92% 7,077,629 1990-91 4.21% 4.59% 7,714,137 1991-92 4.14% 3.04% 8,277,721 1992-93 -0.64% 1.00% 8,306,991 1993-94 2.72% 1.86% 8,691,654 1994-95 0.71% 1.40% 8,875,912 1995-96 4.72% 1.60% 9,443,573 1996-97 4.67% 2.31% 10,112,922 1997-98 ' 4.67% 2.D6% 10,803,250 1998-99 4.15% 2.70% 11,555,378 1999-2000 4.53% 2.28% 12,354,234 2000-01 4.91% 2.46% 13,279,663 2001-02 7.82% 1.60% 14,547,223 2002-03 -1.27% 1.80% 14,620,998 2003-04 2.31% 1.32% 15,156,198 2004-05 3.28% 1.15% 15,833,334 2005-06 5.26% 1.19% 16,864,495 2006-07 3.96% 0.73% 17,660,315 2007-08 4.42% 0.96% 18,617,934 PROCEEDS OF TAXES 7,111,440 PROCEEDS OF TAXES UNDER APPROPRIATION LIMIT $ 11,506,494 [I] Per City of Morro Bay 2007-08 Adopted Annual Budget [2] Per State Department of Finance (per capita personal income). [3) Per State Department of Finance (population growth of City or County, whichever is greater). Attachment C El 11 1 May 2007 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 2007-2008 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2007-2008 4.42 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2007-2008 appropriation limit. 2007-2008: Per Capita Cost of Living Change = 4.42 percent Population Change = 1.20 percent Per Capita Cost of Living converted to a ratio: 4.42 + 100 = 1 0442 i00 Population converted to a ratio: 1.20+100 = 1.0120 ]00 Calculation of factor for FY 2007-2008: 1.0442 x 1.0120=1.0567 Fiscal Year 2007-2008 Attachment D I* County City San Luis Obispo . Enclosure II Annual Percent Change in Population Minus Exclusions (') January 1, 2006 to January 1, 2007 and Total Population, January 1, 2007 Percent Change 2006-2007 — Population Minus Exclusions — f6QrI1 1.1.07 Total Population 1-1-2007 Arroyo Grande 1.22 16,557 16,759 16.759 Atascadero 1.02 26,288 26,566 27,778 El Paso De Robles 2.34 28,662 29,334 29,514 Grover Beach -0.71 13,179 13,085 13,085 Morro Bay -0.26 10,463 10,436 10,436 Pismo Beach -0.60 8.597 8,545 8,545 San Luis Obispo -0.20 44,326 44,239 44.239 Unincorporated 1.47 106,470 108,035 114,544 County Total 0.96 254,542 256,989 264,900 40 (') Exclusions include residents on federal military installations and group quarters'residents in state mental institutions, and state and federal 40 correctional institutions` Page 1 ® RESOLUTION NO.31-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE OPERATING BUDGETS FOR THE 2007 — 2009 BUDGET CYCLE AND APPROPRIATING FUNDS FOR THE FISCAL YEAR 2007/08 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 the day-to-day business activities of the City; and WHEREAS, the Morro Bay City Council finds and determines that the appropriations are necessary for continued efficiency, economy and effectiveness of the City government operations; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to an approved budget adopted by ordinance or resolution do not require audit by the City Council prior to payment; and WHEREAS, the City Council recognizes that Capital Improvement Projects authorized and ® approved in prior fiscal years may not be completed by June 30, 2007; and WHEREAS, the continuing efforts of staff to operate the business of the City within an approved budget and to create savings wherever feasible are acknowledged by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that: I . The Fiscal Year 2007-08 Operating Budget is adopted as presented in the Proposed Budget and in subsequent attached Amendments A and b, and any further amendments made at this meeting; 2. Staff is directed to prepare and publish a final budget document; 3. The City Manager is authorized to transfer appropriations within the adopted budget so long as the appropriations changes do not have a significant policy impact and total appropriations are not exceeded; 4. City Council approval is required to transfer appropriations between funds, capital projects, or capital outlay items; 5. The City Council authorizes and directs the transfer of balances for capital projects approved in prior fiscal years, but not completed by June 30, 3007, to the Capital Improvement Project Fund(s) for the 2007-08 fiscal year; and 6. The City Council directs that the hiring freeze for positions in the City workforce continue for those positions funded within the General fund, and the City Council reserves the right to ® review any vacancies on a case -by -case basis as to its official policy. u 11 u Resolution No. 31-07 Page Two PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 24th day of May 2007, by the following vote to wit: AYES: NOES: ABSENT: DeMeritt, Grantham, Peirce, Peters Winholtz None BRIDGE AVER, City Clerk J CE PETERS, Ndayor ® RESOLUTION NO.3"7 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO A GRANT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT'S COMMUNITY FACILITIES PROGRAM FOR PURCHASE OF FIRST RESPONDER EQUIPMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay (City) applied for a grant with the United States Department of Agriculture (USDA) for a Rural Development Community Facilities Program grant for purchase of first responder equipment; and, WHEREAS, the grant covers purchase of a hybrid 4-wheel drive vehicle, two personal watercraft and associated equipment for first responders; and, WHEREAS, under the grant agreement, the City will be reimbursed for 35% of the cost of the first responder equipment. WHEREAS, a condition of the grant agreement is that the "governing body" must ® authorize execution of the Grant Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay is hereby authorized to enter into a USDA Rural Development Community Facilities Program for Purchase of First Responder Equipment and that the Mayor is hereby authorized to execute said grant agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 29's day of May 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None BRIDGETT(�AUER, CITY CLERK ® RESOLUTION NO.29-07 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 18, 2007, 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 25, 2007 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the North Point Natural Area are specified in the Engineers Report dated May 18, 2007 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 2007-2008. RESOLUTION 29-07 PAGE ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 29`h of May, 2007 by the following roll call vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ATTEST: F I Wei `:: • a . 11 40 RESOLUTION NO.28-07 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE THE CITY COUNCIL City of Morro Bay, California WHEREAS, all property owners of the Cloisters subdivision requested the City of Morro Bay form a maintenance assessment district to fund the maintenance of the Cloisters Park and Open Space; and WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to form assessment districts for the purpose of maintaining public improvements; and WHEREAS, pursuant to Section 22623 of the Act, the Engineer has filed in the Office of the City Clerk, and submitted for review to the City Council, a report entitled "Engineers Report - Cloisters Landscaping and Lighting Maintenance Assessment District", May 18, 2007, 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 25, 2007 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 May 18, 2007, 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 2007-2008. El RESOLUTION 28-07 PAGE PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 29"' day of May, 2007 by the following roll call vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ATTEST: G M_... MIN. - El PETERS,MAYOR RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: Nick Muick City of Mono Bay Public Services 955 Shasta Avenue Mono Bay, CA 93442 RESOLUTION NO. 27-07 A RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF A 10' WIDE SEWER EASEMENT AND ABANDONMENT OF AN EXISTING 10' WIDE CITY SEWER EASEMENT AT MINERS ACE HARDWARE, 520 ATASCADERO ROAD, AS SHOWN AT ATTACHED OFFER AND EXHIBITS ATTACHED HEREWITH THE CITY COUNCIL City of Morro Bay, California WHEREAS, on October 17, 2005 the City approved a Coastal Development Permit at Miner's Hardware, 520 Atascadero Road, for a new 20,000 square -foot building and related improvements; and WHEREAS, it was necessary to relocate a City sewer main line and easement which is on site at 520 Atascadero Road; and ® WHEREAS, the Owner has relocated and constructed the new sewer main line in accordance with City standard and requests that the City abandon the existing easement; and WHEREAS, the Owner, Michael L. Miner and Susan E. Miner Family Trust, and Steve Miner and Dorothy Miner, have made said offer of easement attached herewith; and WHEREAS, it is in the public interest to accept the offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay that the attached offer of dedication is hereby accepted and the old easement is hereby abandoned on behalf of the public. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting thereof held on the 29 h day of May 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None C' ' r/-7 L�-j RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: Nick Muick City of Morro Bay Public Services 955 Shasta Avenue Morro Bay, CA 93442 RESOLUTION NO. 26-07 A RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC SIDEWALK PURPOSES ALONG THE PARK STREET FRONTAGE OF 210 ATASCADERO ROAD THE CITY COUNCIL City of Morro Bay, California WHEREAS, on July 14, 2006 a Use and Coastal Development Permit was issued for construction of an RV Park at 210 Atascadero Road; and WHEREAS, the Park Street frontage of 210 Atascadero requires an offer of dedication to the City for sidewalk purposes; and is WHEREAS, the Owner, George Salwasser, has made an irrevocable and perpetual offer to dedicate the required six foot wide sidewalk easement to the City; and WHEREAS, it is in the public interest to accept the offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached offer of dedication is hereby accepted on behalf of the public. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 29a' day of May 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None l RESOLUTION NO.25-07 ® RESOLUTION AWARDING THE CONTRACT FOR MORRO BAY HARBORWALK PROJECT NO. MB-2006-S2 THE CITY COUNCIL City of Morro Bay, California WHEREAS, installation of bikeways in the community of Morro Bay is an identified priority of the adopted Circulation Element to the General Plan as an encouragement of use of alternative modes of transportation; and WHEREAS, the Waterfront Master Plan, adopted in 1995, has as one of its critical elements the development of bicycle and pedestrian improvements along the Morro Bay waterfront; and WHEREAS, in 2001 the City Council approved the Waterfront Boardwalk Project Feasibility Study and directed staff to pursue development of the Project ; and WHEREAS, in recognition of the regional significance and benefit of the Project, the City has been able to secure State and Federal grant funds for the design, permitting, and construction of the Project, and WHEREAS, plans and specifications for Project No. MB-2006-S2: Morro Bay ® Harborwalk were prepared and bid pursuant to the Public Contract Code as the first phase of overall waterfront pedestrian, bicycle and circulation improvements; and WHEREAS, Souza Construction Inc, San Luis Obispo, submitted the lowest responsible bid in the total amount of $1,690,365.00; and WHEREAS, it is in the public interest that the Project be constructed at this time. NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council that the contract for Project No. MB-2006-S2: Morro Bay Harborwalk is hereby awarded to Souza Construction Inc. of San Luis Obispo in the amount of $1,690,365.00; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute contract documents reflecting this action. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 14th day of May, 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholt NOES: None ABSENT: None ® ATTEST: BRIDGE BAUER, City Clerk RESOLUTION NO. 24-07 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING EX PARTE COMMUNICATIONS 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, ex parte communications are contacts (e.g., letters, e-mails, meetings) made by one party with a decisionmaker outside the presence of other interested parties. Reliance on information received in this manner has the potential to be unfair to other interested parties because such parties cannot rebut information of which they are not aware. Legal concerns regarding these kinds of communications stem from the constitutionally -based doctrine of procedural due process; and ® WHEREAS, to prevent actual and perceived abuses and to ensure that all members of the public are given adequate opportunities to present their views and opinions to the Council in regard to quasi-judicial decisions, the City Council hereby amends the Council Policies and Procedures Manual to add a paragraph in regard to ex parte communications, as follows: 1.3.9 NOTICED PUBLIC HEARINGS During the pendency of any Public Hearing that is a quasi-iudicial proceeding no Council member or Planning Commission member shall engage in an ex varte communication with any "Interested Party" who intends to influence the decision of the council or board member in a proceeding unless the council or board member discloses the ex pane communication in the council or board's record. "Interested Party" means any individual with an interest in the quasi-judicial proceeding that is greater than the general interest of the public as a whole. The term includes but is not limited to parties involved in the proceeding, parties that may be significantly affected by the decision, and nonprofit or public interest organizations and associations with a special interest in the matter "Interested Party." El Resolution No. 24-07 Page Two NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby amend Section 1.3.9 of the Council Policies and Procedures Manual to include the above paragraph. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 14th day of May 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None JANICE PETERS, Mayor ATTEST: F � fADGET-OBAUER, City Clerk ® RESOLUTION NO.23-07 APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 53-56/53W-56W (LOCATED AT 501 EMBARCADERO) BETWEEN ESTERO LANDING, INC. AND MARK KOCINA 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 53-56/53 W-56W; and, WHEREAS, Estero Landing, Inc. is the lessee of said property; and, WHEREAS, Estero Landing Inc. has requested City Council approval of a sublease agreement for a portion of Lease Site 53-56/53 W-56W between Estero Landing Inc.; and Mark Kocina, doing business as Morro Bay Sailing Adventures; and, WHEREAS, Estero Landing Inc. has completed the assignment application form, paid the assignment fee and provided background information on the proposed sublessee. The Consent to Sublease agreement has been executed and a copy of the sublease agreement has been provided to the City. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that sublease of a portion of a sublease agreement for a portion of Lease Site 53-56/53 W- 56W between Estero Landing Inc.; and Mark Kocina, doing business as Morro Bay Sailing Adventures is hereby approved and that the Mayor is hereby authorized to execute the Consent to Sublease document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14a' day of May 2007, by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None .. IDGET07 BAUER, CITY CLERK 11 CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered into this __day of ''SJ tie. 2007 by and between l'aV- ( M\C>. Im hereinafter referred to as TENANT and ftww c cC T\cs - , dba, (XA 2 hereinafter referred to as SUBTENANT and approved b e City Morro tay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on and; WHEREAS, TENANT desires to sublease a portion of the premises to SUBTENANT, and: WHEREAS, the Master Lease requires CITY consent of any sublease in the following form of agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay to City all of the sums required of TENANT and any sums due by reason of SUBTENANTS ® activities under the terms of the Master Lease dated hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANTS portion ofrent- due to CITY. 2. SUBTENANT acknowledges receipt of a complete copy of the Master Lease and all amendments thereto and specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANTS compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANTS compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANTs failure to comply with the terms of the Master Lease. Page / of 3 3. The tens of the sublease attached as Exhibit A shall be 6 MNAToyewr commencing upon execution of said lease provided, however, that the tern of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep. full, complete, and accurate records, andbooks of account in accordance with accepted accounting practices as showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency, including but not limited to those items listed in Exhibit B attached hereto and incorporated herein, shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized. representative or agent of TENANT or CITY. 5. The proposed use by SUBTENANT is as follows: O Percentage of Gross Rental Applicable to Permitted Use: Said designated use shall not be changed without the prior written consent of CITY. ® SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terns of the Master Lease, shall constitute an unauthorized use subject to those penalties set forth in the Master Lease. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other teRris and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpennitted use. 6. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 7. SUBTENANT agrees to submit a statement of previous business experiencc-and agrees to submit current personal and business financial statements upon request and further agrees too submit such documents as part of the CITYs consideration ' of the consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 8. Unless SUBTENANT is included as an additional insured under the terms of _ TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and. form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the. CITY OF MORRO BAY as an additional primary insured without offset against the Cf] Y's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Page 2 of f�J CJ E Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. 9. SUBTENANT and TENANT agree to indemnify.and save CITY free and harmless from and against any and all claims, including reasonable attorneys fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 10. This Agreement cannot be modified except by a written document mutually approved by the parties hereto. A waiver of any of the conditions or terms of this Consent or of the -Master Lease shall not constitute a waiver of any future.breach of any terms or conditions of this Consent or the Master Lease. 11. To the extent that the terms of the proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or. Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master Lease; the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. TEN T: CITY OF MORRO BAY: PETERS, MAYOR SUBTENANT: Page 3 of 3 0 EXHIBIT "B" CONSENT TO SUBLEASE AGREEMENT At a minimum, certain books and records shall be kept by Lessee and Sublessee such as: 1. Pre -numbered and dated guest checks; 2. Pre -numbered sales invoices or daily cash register tapes; 3. Bank Statements; 4. Sales Tax Returns; 5. Sales Journals; 6. Cash Disbursement Journals; and ® 7. General Ledger ® RESOLUTION NO.22-07 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.) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City has placed certain conditions on the development of Tract 21 10"North Point," requiring formation of property Landscaping and Lighting Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a natural area, parking lot, landscaping, decomposed granite and asphalt walkways, and coastal access stairway and other common area improvements to be held by or dedicated to the City of Morro Bay as required by the Morro Bay Municipal Code 16.16.030; and, WHEREAS, these conditions are more specifically identified in the Precise Plan (condition F 1-177); and, ® WHEREAS, the Owners of the real property within the proposed district consented to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22608.2 et seq.), and are the only owners of property to be subject to assessments within the district; and, WHEREAS, the Owners of real property within the proposed district offered in fee and in perpetuity, Lot 11 of Tract 2110, and the City has agreed to said Offer of Dedication, provided that the cost of maintenance of thereof is borne by an assessment district as required by the Conditions of Approval of the project; and, WHEREAS, one hundred percent (100%) of the property owners approved formation of the District to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act X1II, 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.) 11 ® Resolution No. 22-07 Page 2 The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and High ways Code Section 22525 which are installed by the developer as a condition of approval of Tract 2110 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the North Point Project as approved by the City. 3. The Assessment District is a District located in the City of Morro Bay, County of San Luis Obispo. A map showing the boundaries of the proposed District is attached as Exhibit "A" which is hereby incorporated herein. 4. An Engineer's Report will be prepared for consideration at the May 29, 2007 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 14`s day of May, 2007 by the following roll call vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ® ABSENT: None ATTEST: BRIDGETISbAUER CITY CLERK EXHIBIT 'A' C17-Y OF MORRO RAY ® NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM . v 082 . 41 NO AREA � CNr'_Tl -^ 0- El NORTH POINT NATURAL AREA f S, 7. 9. E LEGEND i. = LOT NUMBER i0 = COUNT; ASSESSORS PARCEL NUMBER 6. TRACT 2110 15 1 5 21 55 ACs 4 ® RESOLUTION NO.21-07 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.) THE CITY COUNCIL City of Morro Bay, California 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 I Oe) 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 Taxes Act" (Proposition 218, California Constitution Act XM C & D). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 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.) E Resolution No.21-07 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. 3. An Engineer's Report will be prepared for consideration at the May 29, 2007 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 10 day of May, 2007 by the following roll call vote: 0 AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ATTEST: CITY CLERK TPOB PARCEL, 1 Most northerly corner of Lot 122 of Tract 1996 RF 0 o o 0 0 0 L' = 400' . ��� o 0 0T A 6 ® RESOLUTION NO.20-07 ASSIGNMENT OF LEASE SITE 86/86W LOCATED AT 801 EMBARCADERO, FROM BURTON K. CALDWELL TO 801 EMBARCADERO LLC, BURTON K. CALDWELL AND DOUG REDICAN, MEMBERS AND APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 86/86W BETWEEN 801 EMBARCADERO LLC AND EMBARCADERO GRILL LLC THECITYCOUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain tidelands in the Morro Bay described as Lease Site 86/86W; and, WHEREAS, Burton K. Caldwell is the lessee of said property; and, WHEREAS, Mr. Caldwell has requested assignment of the lease agreement for Lease Site 86/86W to 801 Embarcadero LLC, Burton K. Caldwell and Doug Redican, Members; and, WHEREAS, the lease agreement for Lease Site 86/86W requires City Council approval of any sublease; and, ® WHEREAS, 801 Embarcadero LLC is also requesting approval of a sublease agreement for a portion of Lease Site 86/86W to Embarcadero Grill LLC, Burton K. Caldwell and Doug Redican, Members; and WHEREAS, an assignment and assumption document is under review by the City Attorney, the necessary sublease documents have been provided, a letter of intent from Mr. Caldwell and Mr. Redican has been received and the application fee is paid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that assignment of the lease agreement for Lease Site 86/86W from Burton K. Caldwell to 801 Embarcadero LLC, Burton K. Caldwell and Doug Redican, Members is hereby approved. BE IT FURTHER RESOLVED that approval of the sublease agreement between 801 Embarcadero LLC and Embarcadero Grill LLC, for a portion of Lease Site 86/86W, located at 801 Embarcadero is hereby approved. BE IT FURTHER RESOLVED, that said approvals are contingent upon final approval of the assignment and assumption documents by the City Attorney no later than May 31, 2007. C ® Resolution No. 20-07 Page Two BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the necessary assignment and sublease documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of April 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None 0 RESOLUTION NO. 19-07 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITE 67/67W, LOCATED AT 575 EMBARCADERO, BETWEEN YNEZ VIOLE O'NEILL AND JAYNE BEHMAN DOING BUSINESS AS J. H. BEHMAN GALLERY & STUDIO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain tidelands in the Morro Bay described as Lease Site 67/67W; and, WHEREAS, Ynez Viole-O'Neill, the lessee of said property; has requested approval of a sublease agreement with Jayne Behman; and, WHEREAS, the lease agreement for Lease Site 67/67W requires City Council approval of any sublease; and, WHEREAS, all the necessary documents, and a letter of intent from the proposed new sublessee has been provided and the assignment fee is paid. NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Morro ® Bay that approval of the sublease agreement between Ynez Viole-O'Neill and Jayne Behman for a portion of Lease Site 67/67W, located at 575 Embarcadero is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the Consent to Sublease Document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23m day of April, 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None J CE PETS MAYOR BRIDGET%BAUER, CITY CLERK E ® RESOLUTION NO. 18-07 A RESOLUTION SUPPORTING ESTABLISHMENT OF AN URBAN FOREST MANAGEMENT PLAN AND COMPREHENSIVE TREE PROGRAM FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Coastal Act and Morro Bay Local Coastal Plan recognizes the importance of trees for their place in an urban setting and also their contribution to open space, community character, and environmental health, by policies and programs that bid the City to: • Require new residential development to respect site constraints such as property size and shape, ground slope, access, creeks and wetlands, wildlife habitat, native vegetation and significant trees. • Encourage any future walkways and bikeways to be designed in a meandering fashion to minimize loss of existing trees and landscaping. • Acknowledges that existing large trees, whether native to the area or exotic, can contribute to the identity of a community or neighborhood. ® WHEREAS, Morro Bay has been designated a ".Tree City USA" by application to the Arbor Day Foundation, and WHEREAS, trees provide urban wildlife habitat, provide scenic beauty, create privacy, minimize erosion and the threat of landslides, reduce the effect of pollution in the air, mitigate climatic problems such as summer heat and high wind velocities, calm traffic, and add value to private property; and WHEREAS, trees require planting, maintenance, and protection in order to provide these benefits; and WHEREAS, on February 13, 2007, the City Council for the City of Morro Bay unanimously agreed to begin the process of designing an Urban Forest Management Plan for Morro Bay. NOW, THEREFORE, BE IT RESOLVED THAT the City Council finds and declares again and formalizes it in this resolution that it is in the best interest of the City and its residents to establish a draft Urban Forest Management Plan by May 8, 2007, which may include: • A vision of how Morro Bay could look if it were to include more mature trees, following the example of other cities that have invested in and protected their ® trees; • Procedures that enable the City and residents to provide and ensure public safety through prudent pruning and maintenance, including replacement of unsafe trees with desirable trees when tree removal is unavoidable; • Investment in an ongoing program to place utility wires underground where they would otherwise interfere with mature and maturing trees; • A comprehensive street tree planting program throughout the City with the objective of providing tree -canopied streets where appropriate; • Coordinated use of public and private resources for the purchase, planting, trimming and removal of trees on public and private property; funding should include retrofitting city sidewalks, streets, landscape strips and medians to safely accommodate mature trees; • A funding strategy based on current or potential funding sources for tree planting, maintenance and technical assistance; • List of the most desirable trees for Morro Bay's soil, climate, and water supply, • Annual notification to all property owners about the value of trees to the community, the City's tree ordinance, appropriate tree selection, planting, and priming techniques, and other resources available to keep trees healthy; • Analysis of the City's current tree ordinance for any necessary revisions that are required to promote the objectives described herein; all of which to be presented to the appropriate standing committees and then to the City Council; • A volunteer organization that provides leadership, advice, assistance and information to citizens and the City about tree care, local guidelines, services and ® training • Use of the media (including the City's website and other approaches) to provide tree -related information, educate and promote the City's tree care, planting and best tree choice guidelines; • An inventory of trees on public and private property, right of ways, etc. .that identifies areas of concern, as well as significant, valued and protected trees throughout the City; • A preservation program for trees throughout the City. • Standards and regulations for planting and protecting trees within construction and new tree planting areas or zones; • Planting of trees that will become heritage trees; PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9'h day of April 2007, by the followingvpte to wit: AYES: DeMeritt, Peirce, Winholtz, Peters NOES: Grantham ABSENT: None Janice ® Bridgett uer, City Clerk Mayor P1 RESOLUTION NO. 17-07 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR MOORING ZONE A14, LOCATED OFF SHORE OF 699 EMBARCADERO, WITH MORRO BAY MARINA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Mono Bay is the lessor of certain tidelands in the Morro Bay described as Mooring Zone A1-4; and, WHEREAS, a 10-year lease agreement for Mooring Zone Al-4 was approved by the City Council in May 2005; and, WHEREAS, the lease agreement names Mono Bay Marina a California Corporation as the tenant of Mooring Zone Al-4; and, WHEREAS, Stan and Carol Trapp of Morro Bay Marina are operating as Mono Bay Marina a California General Partnership; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono ® Bay that Amendment #1 to the lease agreement for Mooring Zone Al-4 between the City of Mono Bay and the Mono Bay Marina, a California General Partnership, is hereby approved and that the Mayor is hereby authorized to execute the lease agreement document. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting held thereof on the 26a' day of March 2007, by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None PETERS, NYAYOR AMENDMENT #1 TO THE LEASE AGREEMENT DATED MAY 9, 2005 ® FOR MOORING ZONE A1-4 This amendment #1 (Amendment) is made and entered into as of this day of , 2007 by and between the City of Morro Bay, a Municipal Corporation of the State of California (hereinafter City) and Morro Bay Marina, a California General Partnership . (hereinafter Tenant), to amend that certain lease dated May 9, 2005 known as the A1-4 Mooring Zone Lease. WHEREAS, the City is grantee and lessor of certain granted tidelands within the City limits including those tidelands knows as Mooring Zone A1-4; and, WHEREAS, on May 9, 2005 the City executed a 10-year lease for Mooring Zone A1-4 with Morro Bay Marina, Inc.; and, WHEREAS, Tenant has subsequently informed the City that the Morro Bay Marina business is held as a California General Partnership; and, WHEREAS, Tenant and City desire to amend said lease so that the Tenant is Morro Bay Marina, a California General Partnership. NOW THEREFORE, Tenant and City mutually agree that the Tenant for the Mooring Zone A1-4 lease agreement is Morro Bay Marina, a California General Partnership. ® All other terms and conditions of said lease shall remain the same. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY APPROVED AS TO FORM: Robert Schultz, City Atto ey ATTEST: TENANT — MORRO BAY MARINA a California General Partnership T. St ey Trapp 1 1,111111501 - r T. Stanley Trapp, Tru tee B dgett uer, City Clerk Carol W. Trapp, Trustee The T. Stanley Trapp and Carol W. Trapp Trust Dtd February 27, 2001 . RESOLUTION NO. 16-07 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF CONFIDENTIAL EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with the confidential employees; and WHEREAS, the meeting between the confidential employees and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the confidential unit accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said confidential employees of the City of Morro Bay. ® NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution. PASSED AND ADOPTED by the Morro Bay City Council at a result meeting thereof held this 12'" day of March, 2007 by the following vote: AYES: NOES: ABSENT ATTEST: DeMeritt, Grantham, Peirce, Winholtz, Peters None None [."-.?qUE1 ���jAUER, City Clerk U ® MEMORANDUM OF UNDERSTANDING BETWEEN THE CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY July 2006 — June 2008 ARTICLE 1 - PURPOSE 1.1 WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and 1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure because it is a public entity rather than a profit making business; and 1.3 WHEREAS, Confidential Employees and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE, this Memorandum of Understanding is entered into as of 2007, between the City of Morro Bay, referred to as "CITY" and the Confidential Employees, referred to as the "UNIT." ® 1.5 It is the intent and purpose of this memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - MANAGEMENT 2.1 In order to ensure that the City shall continue to carry out its municipal functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public service for the citizens of Morro Bay, the City continues to reserve and retain solely and exclusively all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law and those City rights set forth in the City's Personnel Rules and Regulations and including but not limited to the following: 2.1.1 To manage the City and determine policies and procedures and the right to manage the affairs of all Departments. MOU/=f mw 7/1/06 to 6/30/08 2.1.2 To determine the existence or nonexistence of facts which are the basis of the management decision in compliance with State law. 2.1.3 To determine the necessity, organization, implementation, and termination of any service or activity conducted by the City or other government jurisdiction and to expand or diminish services. 2.1.4 To.direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees in accordance with Department or City rules, regulations, or ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of services to be provided to the public. 2.1.6 To require performance of other public services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the City. 2.1.7 To lay off employees because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the.City. is 2.1.8 To determine and/or change facilities, methods,technology, equipment, operations to be performed, organization structure, and allocate or assign work by which the City operations and services are to be conducted. 2.1.9 To determine method of financing. 2.1.10 To plan, determine, and manage Departments' budget which includes, but is not limited to, changes in the number of locations and types of operations, processes and materials to be used in carrying out all functions and the right to contract or subcontract any work or operations. 2.1.11 To determine the size and composition of the workforce, assign work to employees of the City in accordance with requirements determined by the City and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this agreement, or subsequent agreements. MOU/conf mou 7/1/06 to 6/30/08 2 2.1.12 To establish and modify goals and objectives related to productivity and performance programs and standards, including but riot limited to quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees in accordance with division and/or City Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the City and to take necessary action to achieve the goals and objectives of the City. 2.1.15 To hire, transfer intra or inter Department, promote, reduce in rank, demote, reallocate, terminate and take other personnel action for non - disciplinary reasons in accordance with Department and/or City Rules, Regulations and Ordinances. 2.1.16 To determine policies; procedures and standards for recruiting, selecting, training and.promoting employees. 1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in facilities and operation. 2.1.19 To restrict the activity of an employee organization on City facilities except as set forth in this agreement. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the City in emergencies or any other time deemed necessary by the City and not specified above. 2.2 Nothing herein is meant to diminish City rights provided by the Government Code. 2.3 AUTHORITY OF THIRD PARTY NEUTRAL - MANAGEMENT RIGHTS All management rights, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City. No third party neutral shall have the authority to diminish any of the management rights MOUhonf mou 7/1/06 to 6/30/08 which are included in this agreement. 2.4 Nothing herein is meant to diminish employee rights provided by the Government Code. ARTICLE 3 - RECOGNITION 3.1 The Confidential Unit is comprised of the following classifications: Executive Secretary/City Clerk Senior Accounting Technician Personnel Technician Account Clerk III -Confidential The term "employee" or "employees" as used herein shall refer only to the foregoing classifications. 3.2 Employees working on a regular basis in a classified position, but less than full- time shall receive vacation and sick leave accruals on a pro -rated basis commensurate with hours worked. All benefits for new hires, including insurance benefits, will be allocated on a pro -rated basis commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT All employees shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH member financial institution. ARTICLE 4 - TERM Except as otherwise specifically provided herein, the term of this Agreement commences on July 1, 2006 and expires and is otherwise fully terminated at midnight on June 30, 2008. ARTICLE 5 - ANTI -DISCRIMINATION The CITY and UNIT mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 6 -WORK SCHEDULE This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. MOU/wnf mou 7/1/06 to 6/30/08 4 ® 6.1 WORKDAY: The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. Alternative work schedules can be implemented upon approval of the City Manager, and providing they are not in violation of FLSA regulations. 6.2 WORKSHIFT: Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without 24 hour prior notice to the employee. Call -out or overtime does not constitute as change in workshift. 6.3 WORKWEEK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) day period beginning Saturday, 12:00 a.m. and ending seven days later on Friday night at 11:59 p.m., except in cases of emergencies, or at the specific request of an employee and approval of department head. Nothing herein shall be construed to eliminate currently established irregular work schedules. 6.4 OVERTIME COMPENSATION 6.4.1 All work required by the City and actually performed beyond forty (40) ® hours worked in a workweek is defined as Fair Labor Standards Act (FLSA) overtime. FLSA overtime shall be compensated at one and one- half (1.5) times the employee's regular rate of pay, as defined by FLSA. 6.4.2 Designated City holidays shall be considered as time worked for purposes of computing overtime for personnel working a Monday through Friday, 8 hours a day, schedule with Saturday and Sunday as regular days off. Employees working other schedules will accrue 8 hours holiday time and, if working on the City designated holiday, be paid at the rate of one and one-half (1.5) time the employee's regular rate of pay, as defined by FLSA. 6.5 COMPENSATORY TIME OFF (CTO) 6.5.1 At the employee's option, Compensatory Time Off may be taken in lieu of payment for overtime. 6.5.2 CTO may be accrued. An employee's CTO balance shall indicate the amount of CTO available for employee's use. For example, if an employee works two (2) hours of FLSA overtime and elects to accrue CTO, the employee's CTO balance shall indicate three (3) hours. MOU/wnf mm 7/1/06 to 6/30/08 6.5.3 An employee's CTO balance shall not exceed a maximum of forty (40) hours. If overtime is earned which would exceed this limit, the excess .10 shall be paid in cash. 6.5.4 FLSA overtime shall be accrued and taken at one and one-half (1.5) times the amount of overtime actually worked. For example, if an employee works two (2) hours FLSA overtime in a workweek, the employee shall be entitled to either two (2) hours pay at one and one-half (1.5) times the employee's regular rate of pay, or three (3) hours of CTO. 6.5.5 All CTO requested by an employee shall be approved in advance by the employee's Department Head. 6.6 EMERGENCIES: 6.6.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. 6.6.2 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. ARTICLE 7 - VACATION LEAVE NOTE: ALL LEAVE TIME (VACATION, SICK LEAVE, HOLIDAY, ETC.), WILL BE TAKEN OFF ON AN HOUR FOR HOUR BASIS EQUALING EMPLOYEE ACTUAL TIME OFF, REGARDLESS OF ACCUMULATION RATES. 7.1 During the term of this agreement, paid vacation leave shall be earned at the following rate:. Service Years Entitlement in Days 1 thru 2 10 3 thru 4 11 5 thru 6 12 7 thru 8 13 9 thru 10 14 11 thru 12 15 13 thru 14 16 15 thru 16 17 17 thru 18 18 MOU/conf mou 7/1/06 to 6/30/08 19 thru 20 19 21 or more 20 7.2 The standard for vacation time is eight (8) hours, equals one (1) day. 7.3 MAXIMUM ACCUMULATION It is recognized long-standing accumulations of vacation time exist for some employees. In order to compensate employees for this unused vacation time and reduce this liability for the City, CITY and UNIT agree on the following policy: 7.3.1 Unused vacation leave may be carried over into the following year to a maximum of 400 hours. Employees exceeding the 400 hour maximum as of the pay period containing November 1 of each year will be paid off for vacation time exceeding the 400 hour maximum. The City shall make said payment with the pay period containing December 1 of each year. Payment shall be computed based upon the employee's base hourly rate of pay as of June 30 of the same calendar year. 7.3.2 Employees separating from the City are entitled to pay for accumulated vacation based upon employee's base hourly rate of pay as of June 30 prior to separation. ARTICLE 8 - HOLIDAYS 8.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving .Christmas Day New Year's Day Martin Luther King, Jr. Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday Floating Holiday MOU/coot mou 7/ V06 to 6/30108 July 4 1st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 January 1 Day 3rd Monday in January February.12. 3rd Monday in February Last Monday in May Varies Varies 8.2 Holidays falling on Saturday shall be observed on the preceding Friday and holidays falling on Sunday shall be observed on the following Monday; and, shall be considered designated holidays for purposes of overtime. 8.3 One holiday equals eight hours. Accrued holiday time may.be taken in less than eight hour increments. 8.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be selected by the Department Head. 8.5 Employees may accumulate up to a maximum of 48 hours holiday time. Hours of holiday time accumulated over 48 hours will be paid off. When an employee terminates employment with the CITY, he/she shall receive pay for his/her current holiday balance up to a maximum of 48 hours at his/her current base hourly rate. 8.6 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. ARTICLE 9 - ADMINISTRATIVE LEAVE 9.1 Each member of this Unit is eligible to earn twenty-seven (27) hours of administrative leave per fiscal year. The time during the fiscal year at which an employee may take administrative leave shall be determined by their department head with regard for the wishes of the employee and particular regard for the needs of the services. 9.2 Up to 24 hours of administrative leave may be rolled over into the following fiscal year. Upon termination, employee will be paid the pro -rated amount commensurate with that portion of the fiscal year worked. ARTICLE 10 - SICK LEAVE 10.1 During the term of this agreement, sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar month of service. Sick leave used shall be actual employee time off. For example, if an employee works four (4) ten (10) hour days per week and is off sick for one of the ten (10) hour days, ten (10) hours shall be deducted from employee's sick leave balance. There shall be no maximum to the amount of sick leave that an employee may accumulate. 10.2 Based on individual utilization of paid sick leave in the preceding fiscal year, employee may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below: MOU/wnf mou 7/1/06 to 6/30/O8 11 ® Maximum Conversion Sick Leave Utilization Sick Leave To Vacation Leave 0 hours 96 hours 48 hours 0 to 8 hours 72 hours 36 hours 8 1/4 to 16 hours .48 hours 24 hours 16 1/4 to 25 hours 24 hours 12 hours Over 25 hours 0 0 At least 160 hours shall remain in employee's sick leave bank after any conversion is authorized. 10.3 Upon the service retirement of an employee who has more than ten (10) years of service with the CITY, said employee shall be entitled to receive payment for up to the first ninety (90) days of his/her accrued sick leave at twenty-five percent (25%) of the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. NOTE: Sick leave converted to service credit for PERS purposes cannot be compensated (converted to dollars). is ARTICLE 11 - RETIREMENT BENEFITS 11•A Effective the beginning of the first pay period after this agreement is approved by the City Council, the City shall no longer contribute any portion of the unit employee's employee contribution to the Public Employees Retirement System (hereinafter referred to as PERS). 11.2 The amounts previously paid by the CITY were employee contributions and were paid by the CITY to partially satisfy the employee's obligation to contribute to PERS. Instead, it shall now be the employee's obligation to contribute the employee's contribution to PERS. 11.3 The CITY shall add the 7% PERS Miscellaneous amount to employee's salary and the employee shall pay her/his own contribution by payroll deduction consistent with the provision of 414 (h) 2 of the Internal Revenue Code. It is understood that the City will experience no significant increase in its costs as a result of this change. ® MOU/=f mo M M6 to W30/01 9 11.4 UNIT understands and agrees that employees bear the risk of payment of any increases in the employee contribution above the current percentage made by action of the PERS or the state legislature. 11.5 Parties agree that CITY payment of PERS contributions are made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. 11.6 Should current tax treatment change, the UNIT and the employee shall hold harmless the CITY, it's officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay part of the employee's PERS contribution. 11.7 Should current tax treatment change, the UNIT shall have the opportunity to meet and confer regarding any such changes, 11.8 The CITY agrees to continue providing PERS Miscellaneous employees in this unit with the following PERS optional benefits: 2.7% at 55 plan (Section 21354) Sick Leave Credit Option (Section 20965) One -Year Final Compensation (20042) Military Service Credit (21024) Add 1959 Survivor Benefit, Level 4 (21574), effective 5/5/07 or as soon thereafter as it can be accomplished. 11.9 If the State Legislature adopts a two-tier PERS retirement program applicable to unit members, then all unit members employed after the effective date of such P.E.R.S. changes shall be placed in a new retirement plan or one selected by the CITY. Current employees at the time of plan adoption will have a one-time option to enter the new plan; enrollment period to be selected by CITY. ARTICLE 12 - HEALTH BENEFITS 12.1 MEDICAL INSURANCE During the term of this Agreement, the City shall offer PERS medical insurance plans. 12.1.1 Employees of this unit shall participate in the PERS or PERS authorized medical insurance plans on a cafeteria style basis, with the CITY contributing a maximum of $64.40/month to the active employee's medical insurance, and $1.00/month to retiree medical insurance. Effective January 2007, the contribution for active employees will MOU/wnfmou 7/1/06 to 6/30/08 10 E increase to $80.80. Any costs in excess of these contribution rates shall be paid by the employee and Retiree. 12.1.2 The program described in the previous MOU in section 12.1.2, that provided for a lump sum payment to employees to purchase health benefits, is discontinued as of the pay period containing July 1, 2002. The amount of money employees are receiving as of the pay -period containing July 1, 2002 in lieu of insurance benefits (commonly known as "cash - back") will be frozen at amounts received as of the pay -period containing July 1, 2002. Cash -back is eliminated for employees currently using all insurance dollars for insurance and any new hires. If a cash -back employee changes the structure of their insurance (add dependents, delete dependents, drop insurance with the City, change carriers, etc.) cash -back is not an option. Cash -back will be eliminated for employees during the open enrollment period in 2003 for the 2004 calendar year, and in subsequent years, if said employees are required (because of eliminated plans) to change carrier. In the event an employee receiving cash -back is forced to make a plan change because the City changes plans and/or ceases to contract with PERS for insurance, that employee will maintain cash -back. 12.1.3 Effective the pay period containing January 1, 2006 Unit employees will receive a medical insurance contribution as follows: Employee only - up to $625/month or cost of insurance, whichever is less Employee + 1 - up to $675/month or cost of insurance, whichever is less Employee + family - up to $700/month or cost of insurance, whichever is less 12.1.4 The CITY shall contribute an additional $50:00 for Employee only, $100.00 for Employee + 1 and $125 for Employee +2 for medical insurance, beginning January 1, 2007. The remainder of any increase shall be paid by employee. 12.2 DENTAL AND VISION INSURANCE 12.2.1 During the term of this Agreement, the City shall offer dental/life and vision insurance and each employee shall be required to carry both dental/life and vision insurance for self. Life Insurance is provided at $20,000 per employee. The following rates are effective January 1, 2007: VISION Employee Only $ 7.98 0 MOU/=Imou 7/1" a 6110101 DENTAL LIFE TOTALS $37.40 $6.20 $ 51.58 Employee +1 $15.84 $99.08 $6.20 $121.12 Employee +2 $20.45 $99.08 $6.20 $125.73 12.2.2 Employee will be responsible for the following monthly amounts for dental/life and vision beginning with the pay period including January 1, 2007: Employee Only $2.08 Employee +1 $3.65 Employee +2 $3.90 City will pay the remaining premium for dental/life and vision 12.2.3 Any changes to the dental/life or vision premiums that occur during the term of this Agreement shall be shared one half by the employee and one half by the City. 12.3 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. 12.4 CONTRIBUTION TO OTHER PROGRAMS City will contribute up to $1,000 per calendar year to employee's deferred compensation or approved retiree medical savings plan on a 2:1 basis (i.e., employee contributes $2, City contributes $1). is ARTICLE 13 - EDUCATION INCENTIVES 13.1 CITY agrees to reimburse the costs for job related and job -required certifications, correspondence courses, and licenses (except Class III driver's license) upon successful completion of the examination or course by the employee having written authorization in advance from their department head. This shall include application fees, examination fees, and certificate fees. Renewal fees may be paid in advance by the CITY. CITY agrees to provide a CITY vehicle, when available, during normal working hours for required transportation and will permit paid time for employee to take examinations scheduled during normal working hours. No mileage payments are authorized for personal transportation, and time spent outside normal working hours shall not be compensated. 13.2 COLLEGE DEGREES 13.2.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above MOU/oonf mou 7/1/06 to 6/30/08 12 ® the minimum required in their respective classification. Associate of Arts Degree - $600 annually Bachelors Degree - $1200 annually 13.2.2 If an employee's job description requires an AA degree and the employee has a Bachelor's Degree, the employee will receive only the difference between an AA and a BA degree, or $600 annually. 13.2.3 If an employee's job description requires a degree or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. The parties agree that this section shall not be interpreted to reduce the amount of education incentive pay that any employee hired prior to January 1, 1998 receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee hired prior to January 1, 1998 promotes to a position requiring a degree not required by the lower position, or if the job description for an employee hired prior to January 1, 1998 is revised to require a degree not previously required for ® the position, the employee shall continue to receive the amount of the education incentive pay received in the lower position or previous job description. 13.2.4 Based on the new job descriptions for all classifications which were adopted in May 1995, as well as salary survey implementation over the last three years, employees currently in positions now required to hold an AA or BA degree according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees hired on or after January 1, 1998 or current employees promoted on or after January 1, 1998 to positions requiring degrees will be subject to section 13.2.3 above. 13.2.5 Employees hired on or after January 1, 1998 shall not be eligible for this incentive. ARTICLE 14 - SALARIES 14.1 Wages shall remain unchanged for the term of this agreement. 14.2 All salary adjustments, including but not limited to merit increases, educational incentives, and any other pay adjustments will take effect at the beginning of the ® MOUkonf mou 7/1/06 m 6/30/08 13 next payroll period after the scheduled effective date of the increase. 14.3 Any and all special pay incentives will be calculated on base salary. 14.4 During the term of this agreement, the CITY agrees that should a COLA or other "across the board" salary adjustment for another employee group be awarded, .that a similar adjustment will be.awarded the Confidential Group. Such adjustment will be prospectively effective on the same date and in the same percentage amount as implemented for the other bargaining unit adjustment but in no case earlier than July 1, 2007. COLA adjustments awarded to more than one other group will not result in additional adjustments for this group. ARTICLE 15 - SPECIAL PAY PRACTICES Members of this Unit who are required by their supervisor to attend meetings outside of the normal work schedule for the purpose of taking minutes of said meetings shall be paid a minimum of four hours at time and one-half without regard to hours actually worked during the work week. Minutes taken at meetings during regular work hours shall be included in employees' regular rate of pay and not compensated beyond that. ARTICLE 16 — PROBATION The probationary period for newly hired employees shall be twelve (12) months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The City shall have the option of granting a newly hired employee regular status at any time after nine (9) months of service. ARTICLE 17 - NO STRIKE, NO LOCK -OUT 17.1 During the term of this Agreement, the CITY will not lockout any employees nor will the Unit/UNIT cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term "other concerted action" includes picketing or boycott activities by the UNIT. 17.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 17.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 18 - FULL UNDERSTANDING, MODIFICATION WAIVER MOU/conf mou 7/1/06 to 6/30/08 14 ® 18.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 18.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 18.3 No agreement, alteration, understanding, variation, waiver, or. modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the City and ratified by the membership of the UNIT. 18.4 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 19 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Date: 3 II Y ` a -7 Date: ;P)% CONFIDENTIAL EMPLOYEES UNIT MOU/=f mou 7/1/06 m 6/30108 15 CITY OF MORRO BAY obert E. Hendrix, City Manager �nffir'ea Lueker, Assistant City Manager RESOLUTION NO. 15-07 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with the management employees; and WHEREAS, the meeting between the management employees and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the management unit accept all of the terns and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said management employees of the City of Morro Bay. ® NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution. PASSED AND ADOPTED by the Morro Bay City Council at a result meeting thereof held this 12'' day of March, 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None r J ICE PETERS ayor ATTEST: 4BRfDGETeBAUER, City Clerk 11 MEMORANDUM OF UNDERSTANDING BETWEEN THE MANAGEMENT EMPLOYEES AND THE CITY OF MORRO BAY July 2006 to June 2008 ARTICLE 1 -PURPOSE 1.1 WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and 1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure because it is a public entity rather than a profit making business; and 1.3 WHEREAS, Management Employees and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE, this Memorandum of Understanding is entered into as of , 2007 between the City of Morro Bay, referred to as "CITY" and the Management Employees, referred to as the "UNIT." ® 1.5 It is the intent and purpose of this memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - MANAGEMENT 2.1 In order to ensure that the City shall continue to carry out its municipal functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public service for the citizens of Morro Bay, the City continues to reserve and retain solely and exclusively all management rights,_ regardless of the frequency of use, including those rights and responsibilities set forth by law and those City rights set forth in the City's Personnel Rules and Regulations and including but not limited to the following: 2.1.1 To manage the City and determine policies and procedures and the right to manage the affairs of all Departments. ® MOUlmg t mw 7 06 to 6 20 08 2.1.2 To determine the existence or nonexistence of facts, which are the basis of the management decision in compliance with State law. ID 2.1.3 To determine the necessity, organization, implementation,.and termination of any service or activity conducted by the City or other government jurisdiction and to expand or diminish services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees in accordance with Department or City rules, regulations, or ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of services to be provided to the public. 2.1.6 To require performance of other public services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the City. 2.1.7 To lay off employees because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the City. 2.1.8 To determine and/or change facilities, methods, technology, equipment, operations to be performed, organization structure, and allocate or assign work by which the City operations and services are to be conducted. 2.1.9 To'determine method of financing. 2.1.10 To plan, determine, and manage Departments' budget which includes, but is not limited to, changes in the number of locations and types of operations, processes and materials to be used in carrying out all functions and the right to contract or subcontract any work or operations. 2.1.11 To determine the size and composition of the work force, assign work to employees of the City in accordance with requirements determined by the City and. to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this agreement, or subsequent agreements. MOU/mgnt mou 7 06 to 6 20 08 ® 2.1.12 To establish and modify goals and objectives related to productivity and performance programs and standards, including but not limited to quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees in accordance with division and/or City Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the City and to take necessary action to achieve the goals and objectives of the City. 2.1.15 To hire, transfer intra or inter Department, promote, reduce in rank, demote, reallocate, terminate and take other personnel action for non -disciplinary reasons in accordance with Department and/or City Rules, Regulations and Ordinances. 2.1.16 To determine policies, procedures and standards for recruiting, selecting, training and promoting employees. 2.1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in facilities and operation. 2.1.19 To restrict the activity of an employee organization on City facilities except as set forth in this agreement. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the City in emergencies or any other time deemed necessary by the City and not specified above. 2.2 Nothing herein is meant to diminish City rights provided by the Government Code. 2.3 AUTHORITY OF THIRD PARTY NEUTRAL - MANAGEMENT RIGHTS All management rights, powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City. No third party neutral shall have the authority to diminish any of the management rights, which are included in this agreement. 2.4 Nothing herein is meant to diminish employee rights provided by the Government Code. ® MOU/mgmt mw 7 06 to 6 20 08 3 ARTICLE 3 - RECOGNITION 3.1 The Management Unit is comprised of the following classifications: Commander City Engineer Senior Civil Engineer Capital Projects Manager Planning Manager Building Official Wastewater Division Manager Public Services Superintendent Information Systems Administrator Accountant Management Analyst Facilities Superintendent Senior Planner Parks Superintendent Support Services Manager (effective on the first day of the pay period following the adoption of this MOU by the City Council) The term "employee" or "employees" as used herein shall refer only to the foregoing classifications. 3.2 Employees working on a regular basis in a classified position, but less than full-time shall receive vacation and sick leave accruals on a pro -rated basis commensurate with hours worked. All benefits for new hires, including insurance benefits, will be allocated on a pro -rated basis commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT All employees shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH member financial institution. ARTICLE 4 - TERM Except as otherwise specifically provided herein, the term of this Agreement commences on July 1, 2006 and expires and is otherwise fully terminated at midnight on June 30, 2008. MOU/mgmt mou 7 06 to 6 20 08 1 ® ARTICLE 5 - ANTI -DISCRIMINATION The CITY and UNIT mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 6 -WORK SCHEDULE This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. 6.1 WORKDAY: The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. Alternative work schedules can be implemented upon approval of the City Manager. 6.2 WORKSHIFT: Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without 24-hour prior notice to the employee. 6.3 WORKWEEK: The normal workweek shall be five (5).workdays and two (2) consecutive days of rest in a seven (7) day period beginning Saturday, 12:00 a.m. and ending seven days later on Friday night at 11:59 p.m., except in cases of emergencies, or at the specific request of ® an employee and approval of department head. Nothing herein shall be construed to eliminate currently established irregular work schedules. 6.4 OVERTIME COMPENSATION Employees in this unit are considered "exempt" employees within the definition of FLSA and do not receive overtime for time worked outside of the regular work schedule. 6.5 EMERGENCIES: 6.5.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. 6.5.2 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. 0 MOU/mgmt mm 7 06 to 6 20 08 ARTICLE 7 - VACATION LEAVE Is NOTE: ALL LEAVE TIME (VACATION, SICK LEAVE, HOLIDAY, ETC.), WILL BE TAKEN OFF ON AN HOUR FOR HOUR BASIS EQUALING EMPLOYEE ACTUAL TIME OFF, REGARDLESS OF ACCUMULATION RATES. 7.1 During the term of this agreement, paid vacation leave shall be earned at the following rate: Service Years Entitlement in Days 1 thru 2 10 3 thru 4 11 5 thru 6 12 7 thru 8 13 9 thru 10 14 11 thru 12 15 13 thru 14 16 15 thru 16 17 17 thru 18 18 19 thru 20 19 21 or more 20 7.2 The standard for vacation time is eight (8) hours equals one (1) day. 7.3 MAXIMUM ACCUMULATION. It is recognized long-standing accumulations of vacation time exist for some employees. In order to compensate employees for this unused vacation time and reduce this liability for the City, CITY and UNIT agree on the following policy: 7.3.1 Unused vacation leave may be carried over into the following year to a maximum of 400 hours. Employees exceeding the 400 hour maximum as of the pay period containing November 1 of each year will be paid off for vacation time exceeding the 400 hour maximum. The City shall make said payment with the pay period containing the December 1 of each year. Payment shall be computed based upon the employee's base hourly rate of pay as of June 30 of the same calendar year. At employees' option, said payment may be received in up to four equal installments in the first year of this Agreement. At the employees' further option, said payment may be put into deferred compensation. 7.3.2 Employees separating from the City are entitled to pay for accumulated vacation based upon employee's base hourly rate of pay as of June 30 prior to separation. MOU/mgmt mou 7 06 to 6 20 08 ® 7.4 A member of this unit may exercise an option to convert into cash a maximum of forty (40) hours of accrued vacation leave each fiscal year. Such conversion shall be computed at.the employee's current base hourly rate on an hour per hour basis. ARTICLE 8 - HOLIDAYS 8.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Friday after Thanksgiving Christmas Day December 25 New Year's Day January 1 Martin Luther King, Jr. Day 3rd Monday in January Lincoln's Birthday February 12 Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Floating Holiday Varies ® Floating Holiday Varies 8.2 Holidays falling on Saturday shall be observed on the preceding Friday and holidays falling on Sunday shall be observed on the following Monday; and, shall be considered designated holidays for purposes of overtime. 8.3 One holiday equals eight hours. Accrued holiday time may be taken in less than eight hour increments. 8.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be selected by the Department Head. 8.5 Employees may accumulate up to a maximum of 48 hours holiday time. Hours of holiday time accumulated over 48 hours will be paid off. When an employee terminates employment with the CITY, he/she shall receive pay for his/her current holiday balance up to a maximum of 48 hours at his/her current base hourly rate. 8.6 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. 9 MOU/mgm mw 706 m 6 20 08 ARTICLE 9 - ADMINISTRATIVE LEAVE 9.1 Each member of this Unit is eligible to earn sixty-four (64) hours of administrative leave per fiscal year. The time during the fiscal year at which an employee may take administrative leave shall be determined by their department head with regard for the wishes of the employee and particular regard for the needs of the services. 9.2 Up to 24 hours of administrative leave may be rolled over into the following fiscal year. Upon termination, employee will be paid the pro -rated amount commensurate with that portion of the fiscal year worked. 9.3 Each member of the unit may be eligible for additional administrative leave upon authorization from the City Manager. Such administrative leave may be granted when employees are required to perform their responsibilities in times of immediate threat to public health, safety and property, beyond their regular work schedule. The approval of such time is not guaranteed, and sole discretion without appeal rights rests with the City Manager, and is expressly eliminated from the Grievance Procedure. Recognizing the impact of the Fair Labor Standards Act, employees in this unit will be sensitive to the operational needs and financial limitations of the City, and will therefore attempt to limit the use of overtime by employees in their respective areas of responsibility. 9.4 Each new member of this Unit hired during the term of this agreement shall, at time of hire, be eligible for forty (40) hours of administrative leave. Use and accumulation of such leave will be in accordance with the other provisions of Article 9, except in the event that employee terminates before completing probation, administrative leave shall not be compensated. ARTICLE 10 - SICK LEAVE 10.1 During the term of this agreement, sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar month of service. Sick leave used shall be actua employee time off. For example, if an employee works four (4) ten (10) hour days per week and is off sick for one of the ten (10) hour days, ten (10) hours shall be deducted from employee's sick leave balance. There shall be no maximum to the amount of sick leave that an employee may accumulate. 10.2 Based on individual utilization of paid sick leave in the preceding fiscal year, employee may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below: Sick Leave Utilization Maximum Conversion Sick Leave To Vacation Leave 0 hours 96 hours 48 hours 0 to 8 hours 72 hours 36 hours MOU/mgmt mou 7 06 to 6 20 08 CJ ® 8 1/4 to 16 hours 48 hours 24 hours 16 1/4 to 25 hours 24 hours 12 hours Over 25 hours 0 0 At least 160 hours shall remain in employee's sick leave bank after any conversion is authorized. 10.3 Upon the service retirement of an employee who has more than ten (10) years of service with the CITY, said employee shall be entitled to receive payment for up to the first seven hundred twenty (720) days of his/her accrued sick leave at thirty-five percent (35%) of the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. NOTE: Sick leave converted to service credit for PERS purposes cannot be compensated (converted to dollars). ARTICLE 11 — EXEMPT TIME OFF This policy is established in accordance with the Fair Labor Standards Act, which exempts employees of this unit from requiring the City to pay time and one-half for time worked over 40 ®hours. Effective July 1, 2002, Unit members will use accumulated leave time to take time off for sick leave, medical appointments, personal business, vacation, etc. for time off that is less than one full day in the same manner as issued for taking time off that exceeds one day; that is, filling out leave forms and noting time off on time cards. The exception to this policy is that time off less than two (2) continuous hours per day need not be recorded. Abuses of this exception, i.e., taking''Y2 hour here and there throughout the day, will not be allowed. ARTICLE 12 - RETIREMENT BENEFITS 12.1 UNIT understands and agrees that employees bear the risk of payment of any increases in the employee contribution above the current percentage made by action of the PIERS or the state legislature. 12.2 Parties agree that CITY payment of PIERS contributions are made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. 12.3 Should current tax treatment change, the UNIT and the employee shall hold harmless the CITY, it's officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay part of the employee's PIERS contribution. 9 MOU/mgmt mou 7 06 to 6 20 08 12.4 Should current tax treatment change, the UNIT shall have the opportunity to meet and confer regarding any such changes. 12.5 If the State Legislature adopts a two-tier P.E.R.S. retirement program applicable to unit members, then all unit members employed after the effective date of such P.E.R.S. changes shall be placed in a new retirement plan or one selected by the CITY. Current employees at the time of plan adoption will have a one-time option to enter the new plan; enrollment period to be selected by CITY. 12.6 PERS Miscellaneous Employees 12.6.1 Effective the beginning of the first pay period after this agreement is approved by the City Council, the City shall no longer contribute any portion of the unit employee's employee contribution to the Public Employees Retirement System (hereinafter referred to as PERS).). 12.6.2 The amounts previously paid by the CITY were employee contributions and were paid by the CITY to partially satisfy the employee's obligation to contribute to PERS. Instead, it shall now be the employee's obligation to contribute the employee's contribution to PERS. 12.6.3 The CITY shall add the 7% PERS Miscellaneous amount to employee's salary and the employee shall pay her/his own contribution by payroll deduction consistent with the provision of 414 (h) 2 of the Internal Revenue Code. It is understood that the City will experience no significant increase in its costs as a result of this change. 12.6.4 The CITY agrees to continue providing PERS Miscellaneous employees in this unit with the following PERS optional benefits: 2.7% at 55 plan (Section 21354.5) Sick Leave Credit Option (Section 20965) Military Service Credit (21024) One -Year Final Compensation (20042) Add 1959 Survivor Benefit, Level 4 (21574), effective 5/5/07 or as soon thereafter as it can be accomplished. 12.7. PERS Safety Employees 12.7.1 The City shall no longer contribute any portion of a PERS safety employee's contribution to the Public Employees Retirement System (hereinafter referred to as PERS). 12.7.2 The amounts previously paid by the CITY were employee contributions and MOU/mgmt mou 7 06 to 6.20 08 10 were paid by the CITY to partially satisfy the employee's obligation to contribute to PERS. Instead, it shall now be the employee's obligation to contribute the employee's contribution to PERS. 12.7.3 CITY shall add the equivalent amount (9% PERS Safety) to employee's salary and the employee shall pay his/her own contribution by payroll deduction consistent with the provisions of 414 (h) 2 of the Internal Revenue Code. It is understood that the City will experience no significant increase in its costs as a result of this change. 12.7.4 The CITY agrees to continue to provide PERS Safety employees in this unit with a retirement benefit program through the Public Employees Retirement System (PERS) as follows: Highest Single Year Compensation effective 6-22-91 (Section 20042) Sick Leave Credit effective 6-24-89 (Section 20965) 1959 Survivor Benefit effective 6-24-89 (Section 21580) 3% @ 50 Retirement Formula effective 6-24-89 (Section 21362) 3rd Level Survivor Benefit effective 6-24-89 (Section 21573) Military Service Credit effective 6-9-98 (Section 21024) ARTICLE 13 - HEALTH BENEFITS 13.1 MEDICAL INSURANCE ® During the term of this Agreement, the City shall offer PERS medical insurance plans. 13.1.1 Employees of this unit shall participate in the PERS and PERS authorized medical insurance plans on a cafeteria style basis, with the CITY contributing a maximum of $64.40/month to the active employee's medical insurance, and $1.00/month to retiree medical insurance. Effective January 2007, the contribution for active employees will increase to $80.80. Any costs in excess of these contribution rates shall be paid by the employee and Retiree. 13.1.2 The program described in the previous MOU in section 12.1.2, that provided for a lump sum payment to employees to purchase health benefits, is discontinued as of the pay period containing July 1, 2002. The amount of money employees are receiving as of the pay -period containing July 1, 2002 in lieu of insurance benefits (commonly known as "cash -back") will be frozen at amounts received as of the pay -period containing July 1, 2002. Cash -back is eliminated for employees currently using all insurance dollars for insurance and any new hires. If a cash -back employee changes the structure of their insurance (add dependents, delete dependents, drop insurance with the City, change carriers, etc.) cash -back is not an option. Cash -back will be eliminated for employees during the open enrollment period in 2003 for the 2004, and in subsequent ® MOU/mgmt mm 7 06 to 6 20 08 tt years, calendar year if said employees are required (because of eliminated plans) to change carrier. In the event an employee receiving cash -back is forced to make a plan change because the City changes plans and/or ceases to contract with PERS for insurance, that employee will maintain cash -back. 13.1.3 Effective the pay period containing January 1, 2006, Unit employees will receive a medical insurance contribution as follows: Employee only - up to $625/month or cost of insurance, whichever is less Employee + 1 up to $675/month or cost of insurance, whichever is less Employee + family - up to $700/month or cost of insurance, whichever is less 13.1.4 The City shall contribute an additional $50.00 for Employee only, $100.00 for Employee + 1 and $125 for Employee +2 for medical insurance, beginning January 1, 2007. The remainder of any increase shall be paid by employee. 13.2 DENTAL AND VISION INSURANCE 13.2.1 During the term of this Agreement, the City shall offer dental/life and vision insurance and each employee shall be required to carry both dental/life and vision insurance for self. Life Insurance is provided at $20,000 per employee. The following rates are effective January 1, 2007 VISION DENTAL LIFE TOTALS Employee Only $ 7.98 $37.40 $6.20 $ 51.58 Employee +1 $15.84 $99.08 $6.20 $121.12 Employee +2 $20.45 $99.08 $6.20 $125.73 13.2.2 Employee will be responsible for the following monthly amounts for dental/life and vision beginning with the pay period including. January 1, 2007: Employee Only $2.08 Employee +1 $3.65 Employee +2 $3.90 City will pay the remaining premium for dental/life and vision 13.2.3 Any changes to the dental/life or vision premiums that occur during the term of this Agreement shall be shared one half by the employee and one half by the City. 13.3 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. MOU/mgmt mou 7 06 to 6 20 08 - 12 ® 13.4 LTD INSURANCE The Management employees shall participate in the City -provided Long Term Disability Insurance Plan. The City shall pay the costs for this plan. 13.5 CONTRIBUTION TO OTHER PROGRAMS City will contribute up to $1,000 per calendar year to employee's deferred compensation or approved retiree medical savings plan on a 2:1 basis (i.e., employee contributes $2, City contributes $1). 13.6 WORKER'S COMPENSATION LEAVE Any employee who is absent from duty because of an on-the-job injury in accordance with state worker's compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his/her base salary and the amount paid by worker's compensation during the first forty-five (45) working days of such temporary disability absence. Eligibility for worker's compensation leave requires an open worker's compensation claim. ARTICLE 14 - EDUCATION INCENTIVES ® 14.1 CITY agrees to reimburse the costs for job related and job -required certifications, correspondence courses, and licenses (except Class III driver's license) upon successful completion of the examination or course by the employee having written authorization in advance from their department head. This shall include application fees, examination fees, and certificate fees. Renewal fees may be paid in advance by the CITY. This provision does not apply to continuing education requirements. 14.2 CITY agrees to provide a CITY vehicle, when available for required transportation and will permit paid time for employee to take examinations scheduled during normal working hours. If no city vehicle is available, City will reimburse mileage for use of personal vehicle. ARTICLE 15 - SALARIES 15.1 Wages shall remain unchanged for the term of this agreement 15.2 All salary adjustments, including but not limited to merit increases, educational incentives, and any other pay adjustments will take effect at the beginning of the next payroll period after the scheduled effective date of the increase. 15.3 Any and all special pay incentives will be calculated on base salary. ®15.4 During the term of this agreement, the CITY agrees that should a COLA or other MOU/mgmt mou 7 06 to 6 20 08 13 "across the board" salary adjustment for another employee group be awarded, that a /fA similar adjustment will be awarded the Management Group. Such adjustment will be ,9 prospectively effective on the same date and in the same percentage amount as implemented for the other bargaining unit but in no case earlier than July 1, 2007. COLA adjustments awarded to more than one other group will not result in additional adjustments for this group. ARTICLE 16 — PROBATION The probationary period for newly hired employees shall be twelve (12) months. The probationary period for employees promoted to a higher classification shall be six (6) months in the new classification. The City shall have the option of granting a newly hired employee regular status at any time after nine (9) months of service. ARTICLE 17 - NO STRIKE, NO LOCK -OUT 17.1 During the term of this Agreement, the CITY will not lockout any employees nor will the UNIT cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term 'other concerted action" includes picketing or boycott activities by the UNIT. 17.2 There shall be no refusal to work on, handle or produce any materials or equipment 40 because of a labor dispute. 17.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 18 - FULL UNDERSTANDING, MODIFICATION WAIVER 18.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 18.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 18.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, MOUlmgmt mou 7 06 to 6 20 08 14 0 approved by the City and ratified by the membership of the UNIT. 18.4 The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 19 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Date: ��/y�0�'I Date: y/a la 7 MANAGEMENT EMPLOYEES UNIT CITY OF MORRO BAY Rill Rnnrhor El ® MOU/mgmt mm 7 06 to 6 20 08 15 Robe Hendrix, City M er rr Andrea Lueker, Asl stant City Manager ® RESOLUTION NO. 14-07 APPROVAL OF A SULBEASE FOR A PORTION OF LEASE SITE 113W, LOCATED ADJACENT TO 1215 EMBARCADERO, BETWEEN VIRG'S FISH'N AND ZOE ANDERS 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 I3W, located adjacent to 1215 Embareadero; and, WHEREAS, Virg's Fish'n, is the lessee of said property; and, WHEREAS, Darby Neil, operator of Virg's Fish'n, has requested City Council approval of a sublease agreement for a portion of Lease Site 113W between Virg's Fish'n; and Zoe Anders, doing business as Big Rock Charters, LLC. WHEREAS, Virg's Fish'n has completed the assignment application form, paid the assignment fee and provided background information on the proposed sublessee. The Consent to Sublease agreement has been executed by Mr. Neil and Ms. Anders and a copy of the sublease agreement has been provided to the City. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that sublease of a portion of a sublease agreement for a portion of Lease Site I I3 W between Virg's Fish'n and Zoe Anders, doing business as Big Rock Charters LLC is hereby approved and that the Mayor is hereby authorized to execute the Consent to Sublease document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12`h day of March 2007, by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None BRIT)GETT tALFER, CITY CLERK ® RESOLUTION NO. 13 -07 APPROVAL OF AMENDMENT #3 TO THE LEASE AGREEMENT FOR LEASE SITE 144/144W, LOCATED AT 1287 EN1BARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 144/144W, located at 1287 Embarcadero; and, WHEREAS, Charles and Sandra Marciel are the lessees of said property; and, WHEREAS, the Tenants operate the sole boat refrigeration repair dock in Mono Bay; and, WHEREAS, the City has proposed an amendment to the lease agreement to provide for continued operation of the boat refrigeration repair dock, to ensure improvement and repair of the dock facilities and to extend the lease term for 6 years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay that Amendment #3 to the Lease Agreement for Lease Site 144-144W is ® hereby approved and that the Mayor is hereby authorized to execute said Amendment. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting held thereof on the 12 day of March 2007, by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None BRIDGETT19AU> R, CITY CLERK 11 RESOLUTION NO. 12-07 ® RESOLUTION APPROVING ENTERING INTO COOPERATIVE AGREEMENT NO. MB-STL-01 WITH THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS u �J THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and the San Luis Obispo Council of Governments (SLOCOG) are authorized to enter into agreements for transportation related purposes; and WHEREAS, the City applied to SLOCOG for grant funding for certain individual projects; and WHEREAS, funding was approved and a new SHA/STP Cooperative Agreement, No. MB-STL-01, has been prepared to administer said grants; and WHEREAS, it is in the interests of public health and welfare that the City enter into said Agreement; and WHEREAS, it is necessary to designate a Project Coordinator for the Agreement and the projects referenced therein. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council, that SLOCOG SHA/STP Cooperative Agreement No. MB-STL-01 is hereby approved; and BE IT FURTHER RESOLVED, the Director of Public Services is herewith designated to be the City's Project Coordinator; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute said Agreement on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 12th day of March, 2007 by the following vote: AYES: NOES: ABSENT: DeMeritt, Grantham, Peirce, Winholtz, Peters None None ATTEST: BRIDGE BAUER, City Clerk San Luis Obispo Council of Governments ® Agreement No. MB-STL- 01 SHAISTP COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo Council of Governments, referred to herein as "SLOCOG", and the CITY OF MORRO BAY a municipal corporation and political subdivision of the State of California, referred to herein as the "CITY". RECITALS WHEREAS, SLOCOG and the CITY are authorized, pursuant to requirements of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (STL), and State Statutes enacted by SB 45 (1997), to enter into a Cooperative Agreement for any transportation purpose within the CITY; and WHEREAS, the SLOCOG Board approved allocation of regional Surface Transportation Program (STP) funds for the projects identified on the attached Table 1 (summary table and project summary sheets) and each of the individual project is herein referred to as "PROJECT"; and WHEREAS, SLOCOG intends to exchange its apportionment of Federal Surface Transportation Program (STP) funds for State Highway Account (SHA) funds for the PROJECTS, therefore eliminating the non-federal match and compliance with the National Environmental Policy Act (NEPA); and ® WHEREAS, all applicable laws, regulations, and policies relating to the use of State Highway Account (SHA) funds for the PROJECTs shall apply notwithstanding any other provisions of this Agreement; and WHEREAS, all obligations of the CITY under the terms of this Agreement are subject to funding appropriation by the Legislature, and the receipt and allocation of funding by SLOCOG; and WHEREAS, This agreement supercedes Amendment #2 to Agreement No. MB-TEA21-01; and WHEREAS, Agreement No. MB-TEA21-01 and Amendment # 1 thereto remain in full effect. NOW, THEREFORE, in consideration of the above noted findings and considerations, the parties agree as follows: 1) The CITY agrees to administer each PROJECT and conduct the applicable environmental process required under the California Environmental Quality Act (CEQA) for each PROJECT. 2) The CITY agrees to advertise, open and review bids, and to award the contract for each applicable PROJECT (or combination of projects) as needed, in accordance with State laws. 3) The CITY agrees that all phases of each PROJECT will be developed in accordance with policies, procedures, practices, standards, regulations, and laws that apply to the CITY, Caltrans (where appropriate), and SLOCOG including but not limited to the applicable requirements included in Exhibit C (Attached hereto), the 2006 annual exchange agreement and subsequent STL annual exchange agreements between SLOCOG and the State of California (Department of Transportation). If in the judgment of SLOCOG a project may impact a street, road or highway owned or controlled by a jurisdiction other than CITY (including without limitation the County, another city, or the State of California), SLOCOG may require the CITY to establish a project development team (PDT) composed ® of representatives of such jurisdictions, as well as SLOCOG. SLOCOG SHA/STP General Cooperative Agreement page 1 4) The CITY agrees to construct each PROJECT in accordance with the plans and specifications of the CITY (and Caltrans when PROJECT involves state highway facilities), and in accordance with the conditions of funding adopted by SLOCOG. 5) The CITY agrees to maintain the facilities constructed, improved, or otherwise modified. 6) The CITY agrees to utilize, for each PROJECT, an amount of Regional or Urban SHA funds equal to or less than that adopted by SLOCOG, and that SLOCOG's total obligation shall not exceed the amounts shown in Table 1 unless a greater amount has been authorized in advance in writing by SLOCOG. 7) The CITY agrees to account for all costs for the PROJECTS to be paid by SLOCOG pursuant to this Agreement and agrees to perform all the reimbursable work for each project according to the billing period identified in the project summary sheets. 8) After the opening of bids on applicable PROJECTS, the CITY shall notify SLOCOG of any cost overruns or underruns to the original cost estimate. The following will be assumed and reflected in SLOCOG's SHA accounting spreadsheets: a) If less funding than what was programmed is required for a PROJECT, the cost savings will be made available for reprogramming into another CITY project as approved by SLOCOG. b) If more funding than what was programmed is required for a PROJECT, the CITY will be solely responsible for providing the additional funding, which can be comprised of various non -regional funding sources, including cost savings from other CITY SHA projects. 9) The CITY may submit an invoice for reimbursement of funds expended for each PROJECT no more than once a month, using the attached Reimbursement Request Form (Exhibit A). All Payments will be prorated between CITY and SLOCOG based on the agreed percentages of funding, as adopted by SLOCOG and listed on each project summary sheet. All invoices must contain the following: a. SHA PROJECT number and name b. A brief description of work accomplished during the billing period. C. A copy of the consultant's bill to the CITY (if applicable). d. Amount expended by the CITY during the billing period, with evidence of funds expended (e.g. a copy of a CITY check to consultant or accounting documentation, etc.) e. Amount requested for reimbursement for the billing period 10) SLOCOG agrees to reimburse the CITY within 30 days of receipt of a completed reimbursement request form (Exhibit A) with all applicable attachments and signatures or as funds become available on a "1" come, 1" served" basis, an amount expended by the CITY during the invoices' billing period less the aforesaid proration. If a PROJECT receives both Regional and Urban State Highway Account funding (referred to in Exhibits hereto as "RSHA" and "USHA" respectively), reimbursements shall be made on a pro rata basis from each source for SLOCOG's share. SLOCOG's total obligation for each PROJECT cost shall not exceed the amount shown in Table 1," unless SLOCOG has in writing authorized a greater amount per adopted SLOCOG policy. 11) Within two months of each PROJECT's completion and all work incidental thereto, the CITY must provide SLOCOG certification in the form provided in Exhibit B hereto, of completion in accordance with the provisions in this Agreement, and a final invoice containing those items listed above. In the event that final project costs are less than those listed on Table 1, hereto , the funds shall be reallocated in accordance with item #8 above. 12) If this project has been paid for either entirely, or in part with Regional SHA funds, and CITY, or any of its officials, chooses to publicly memorialize participation in said project, then CITY shall also memorialize SLOCOG's financial participation in said project in a manner agreeable to SLOCOG. This paragraph shall apply to, but is not limited to, signage during construction, representation at dedications and placement of plaques or other objects of memorialization, whether at or near the project site or not. - 13) The CITY grants to the State of California and/or SLOCOG access to the CITY's books and records for the purpose of.verifying that SHA funds paid are properly accounted for and the proceeds are expended in accordance with the tens of this Agreement. All documents shall be available for SLOCOG SHA/STP General Cooperative Agreement page 2 inspection by authorized Caltrans and/or SLOCOG agents at any time during the PROJECT ® development and for a four-year period from the date of completion, or for one year after the audit is completed or waived by Caltrans and/or SLOCOG, whichever is later. 14) Upon completion of all work under this Agreement, ownership and title to all materials will automatically be vested in the CITY and no further agreement will be necessary to transfer ownership to the CITY. 15) If existing public and/or private utilities conflict with the PROJECT construction or violate the CITY's encroachment policy (as applicable), the CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. The CITY shall review the plans for protection, relocation or removal. If there are costs of such protection, relocation, or removal which the CITY must legally pay, the CITY shall pay the cost of said protection, relocation or removal, plus cost of engineering, overhead and inspection. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with CITY policies and procedures. 16) The CITY shall defend, indemnify and save harmless SLOCOG, its officers and employees from all and any claims, demands, damages, costs, expenses, judgments, attorneys' fees or any liability arising out of this Cooperative Agreement to the performance or attempted performance of the provisions hereof, or any project referred to in the Exhibits hereto. Nothing contained in the foregoing indemnity provision shall be construed to require CITY to indemnify SLOCOG against any responsibility of liability in contravention of Civil Code section 2782. 17) If the CITY transfers its risk connected with design or construction of this project to independent contractors, CITY agrees to use its best efforts to obtain the independent contractor's inclusion of SLOCOG as an indemnitee and in any insurance procured by such independent contractor(s) for the project, to name SLOCOG as an additional insured. 18) Both the CITY and SLOCOG shall designate a Project Coordinator who shall represent the respective ® agencies and through whom all communications between the parties to this agreement shall occur. 19) Both parties agree that if, in the course of carrying out the PROJECT, there is a disagreement among the Project Coordinators over the direction of the project, the matter will be forwarded through a three step conflict resolution process. First, resolution will be attempted between the CITY Manager and SLOCOG Executive Director. If a dispute continues, a determination shall be made by the SLOCOG Executive Committee, and, if required, final determination by the full SLOCOG Board. 20) Nothing in the provisions of this Agreement is intended to create duties, obligations, or rights for third parties not signatories to this Agreement or affect the legal liability of either party of the Agreement by imposing any standard of care with respect to the maintenance of local roads different from the standard of care imposed by law. 21) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties thereto, and no oral understanding or agreement not incorporated herein or in the attached Table 1 shall be binding on any of the parties thereto. 22) This Agreement may be terminated or provisions contained therein may be altered, changed, or amended by mutual consent, in writing, of the parties hereto. 23) Prior to award of a contract for any PROJECT, SLOCOG may terminate the applicable PROJECT in the Cooperative Agreement by written notice, provided SLOCOG pays the CITY for all PROJECT - related costs reasonably incurred by the CITY prior to termination. Also, prior to award of a contract for any PROJECT, the CITY may terminate the applicable PROJECT in the Cooperative Agreement by written notice, provided the CITY pays SLOCOG for all costs reasonably incurred by SLOCOG prior to termination. SLOCOG SHA/STP General Cooperative Agreement page 3 SIGNATURES: CITY By: Date ATTEST: (� By: Bridged, Baue City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Robert Schultz, City Attorney Date: SAN LUIS OBISPO COUNCIL OF GOVERNMENTS By: Ronald L. De Carli, Executive Director Date: By: Wyatt CaS SLOCOGCounsel Date: l (g —L,)G SLOCOG SHA/STP General Cooperative Agreement page 4 0 2006 Regional Transportation Improvement Program ®San Luis Obispo Region (in $000s) Morro Bay, City of MPO ID: 22300000111 RSTP #: PRMB05 RTIP #: 07-03 TITLE: N. Main St- Bikepath DESCRIPTION: N. Main St. Bikepath CHANGE REASON: New project TOTAL PRIOR 06/07 07108, '. 08109 09/10 10/111 PE RW CON RSTP-RSHA - Prior $30 I 1 S30 530 TOTAL $30 $30 -_ - $30 COMMENTS: Project delayed; assess status December 2006. Amount Billed SO; Balance $30,000 MPO ID: 22300000069 RSTP #: STLMB01U RTIP #: 07-00 TITLE: Morro Bay Highschool Bike Path DESCRIPTION: Construct class I bike path I CHANGE REASON: Carry over from 04-17 TOTAL I PRIOR 06107 07108 - 08109 ..09110 10/11 PE RW CON RSTP-USHA S35 $35 - - S35 TOTAL $35 S35 - _ $35 COMMENTS: MPO ID: 22300000067 RSTP #: STLMB02U RTIP #: 07-00 TITLE: ADA Improvements DESCRIPTION: Construct ADA Improvements CHANGE REASON: Carry over from 04-17 TOTAL I PRIOR .06107 07/08 08109 09/10 10/111 PE RW CON RSTP-USHA $68 1 $68 - S68 TOTAL $68 $68 - $68 COMMENTS: MPO ID: 22300000042 TITLE: South Bay Blvd Rehab DESCRIPTION: Rehab So. Bay from Chorro Crk Bridge to SR 1 CHANGE REASON: Carry over from 04-17 RSTP #: STLMB03U RTIP #: 07-00 TOTAL PRIOR 1 06/07' 07108 08109 091101 101111 PE RW CON RSTP-USHA $137 S137 $137 TOTAL $137 $137 $137 COMMENTS: PSSR received. Page 1 Tuesday, October 31. 2006 2006 Regional Transportation Improvement Program San Luis Obispo Region (in $000s) Morro Bay, City of MPO ID: 22300000016 RSTP #: STLMB04U; STLM804R RTIP #: 07-00 TITLE: Highway 1/41 Main/Radcliffe Intersection Imps, DESCRIPTION: This project will study the intersection of Main and Radcliff for possible improvements. Possible improvements will include realigning roads in the area to improve operations and safety on Main Street and at the 1/41 intersection to the north. The City of Morro Bay plans to move forward with this project ASAP. As a condition of approval, the regional funds must be matched 50150 with non -regional funds. . CHANGE REASON: Carry over from 04-17 TOTAL PRIOR >-' 106/07 .07/08 <-t08109 10/11 PE RW CON RSTP-RSHA $15 RSTP-USHA $15.: $15 $15 TOTAL $30.; $30 $30 COMMENTS: MPO ID: 22300000070 RSTP M STLMB06U RTIP #: 07-00 TITLE: Install Pacific Coast Bike Route Signs DESCRIPTION: Install bike routes signs within City Limit of Morro Bay CHANGE REASON: Carry over from 04-17 TOTAL PRIORI 06107 .. 07108_•: ' 08109*_ , 09/101 101111 PE RW CON RSTP-USHA $10 $10 ;,� � � $10 TOTAL I $to $10 -- - $10 COMMENTS: Page 2 Tuesday, October 31, 2006 1 11 Table 3 (STIP Funds) - 2007 Regional Transportation Improvement Program ®San Luis Obispo Region (in $000s) Morro Bay, City of 11 0 MPOID: 11300000153 PPNO: 0972 RTIP#- 07-00 TITLE: Quintana Rd/Morro Bay Blvd Roundabout DESCRIPTION: In Morro Bay at Quintana Road, Morro Bay Blvd and Route 1 on and off ramp INS). Construct a single roundabout intersection to replace the six -legged intersections. CHANGE REASON: Carry over from 04-00, Change schedule/ timeline, Revise Funding - Increase Funding TOTAL PRIOR 06/07 ' 07108 08/09 " 09110 10/11 PE RW CON Loc Funds - City Funds S34 S34 - $34 STIP-RIP (S/O) $885 $160 $725 S160 $725 STIP-RIP Prior(S/O) $473 S473 S473 TOTAL $1.392 S194 S1,198 _ .. $160 $1,232 COMMENTS: Per April 2006 CTC action MPO ID: 11300000154 PPNO: 0973 RTIP g: 07-00 TITLE: Waterfront Boardwalk improvements DESCRIPTION: In the city of Morro Bay at the waterfront embarcadero near Morro Rock. Construct a pedestrian boardwalk and bike path. CHANGE REASON: Carry over from 04-13, Revise Funding - Add New Funding Source TOTAL PRIOR 06107 07/08 08/o909/10 10/11 PE RW CON Loc Funds - Local Trans. Funds S500 S500 - S16 S484 Loc Funds - Private Funds $1,400 $1,400 S7.400 STIP-RIP(TE) S1.619 S719 S900. S170 S1,449 TOTAL E3,519 $2,619 E900 - - $186 $1,400 E7,933 COMMENTS: Additional TE funds per 2006 STIP Page 1 Wednesday, September 20, 2006 ® RESOLUTION NO.11-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING AND ESTABLISHING GUIDELINES FOR MAJOR VEGETATION REMOVAL, REPLACEMENT AND PROTECTION THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the Morro Bay General Plan/Local Coastal Plan recognizes the importance that Major Vegetation adds to the character and beauty of the City; and WHEREAS, the Mono Bay Municipal Code and the Coastal Act require a Coastal Development Permit for the "removal or harvesting of major vegetation other than for agricultural purposes" but do not include a definition of "major vegetation" in the regulations; and WHEREAS, the City of Mono Bay has therefore determined that reasonable regulation of the removal, replacement and protection of major vegetation is necessary to promote the public ® health, safety and general welfare of the community; and WHEREAS, in 1995 the City Council of the City of Mono Bay adopted Major Vegetation Removal, Replacement and Protection Guidelines; and WHEREAS, based on changes in City organizational structure and experience in implementing the 1995 Guidelines, there is a need to update and refine the current Guidelines; and WHEREAS, the City of Mono Bay recognizes that because of the known benefits of major vegetation on undeveloped properties and properties capable of further subdivision, these properties should be protected from unregulated removal of major vegetation; and WHEREAS, the City of Mono Bay also recognizes that residents of existing single family homes should be able to determine to a certain extent the nature of their private landscaped surroundings. NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay hereby amends and makes revisions to the Major Vegetation Removal, Replacement and Protection Guidelines that were previously adopted by the City Council as follows: r�1 LJ Resolution 11-07 Page 2 of 4 Major Vegetation Removal, Replacement and Protection Guidelines A. Pursuant to 17.12.199.G. Major Vegetation Shall Be Defined As: Natural riparian vegetation within fifty (50) feet from the top of a creek bank, coastal bluff, beach, or sand dune. 2. Natural riparian vegetation within fifty (50) feet from a wetland as defined by the U.S. Fish and Wildlife Service and the Coastal Commission Statewide Interpretive Guidelines. 3. Threatened or endangered plant species including trees as defined by the Environmental Protection Agency and the California Natural Diversity Data Base. 4. Vegetation growths providing a significant habitat base for threatened or endangered animal species. 5. City -designated or voluntarily identified landmark trees. 6. Any tree with a trunk that is a minimum of six (6) inches in diameter (i.e., 18.8" in circumference) at four and one half feet (4 1/2) vertically above the ground, or, any tree with multiple trunks that includes at least one trunk with a minimum diameter of six (6) inches in diameter at four and one half feet (41 /2) vertically above the ground or with trunks that have an aggregate diameter of at least twenty (20) inches at four and one half feet (4 1/2) vertically above the ground. ® 7. Exceptions which are NOT considered major vegetation: a. Crop trees and/or ornamental edible fruit trees are not considered major vegetation and shall not require a Coastal Development Permit for removal. b. Diseased, damaged and/or aged trees that pose an imminent danger to persons and/or property shall not require a Coastal Development Permit for removal. If the tree to be removed is diseased and/or hazardous, a report by a certified arborist stating that the tree presents a hazard and must be immediately removed shall be submitted to the Public Services Department. C. Single family residential homes shall not require a Coastal Development Permit for the removal of less than three trees in any twelve (12) month period. B. Coastal Development Permit and Findings Required: 1. Removal of major vegetation as defined in Section A shall require a Coastal Development Permit which shall be processed as follows: a. If the major vegetation removal is within non -appeal jurisdiction, the City shall process an Administrative Coastal Development Permit (the administrative permit process shall be changed to a "Minor Coastal Development Permit' procedure at the time the City implements such ® procedure). b. If the major vegetation removal is within appeal or original jurisdiction, a regular Coastal Development Permit shall be required. 2 Resolution 11-07 Page 3 of 4 11 C. 10 E. 2. For a Coastal Development Permit to issue, the following findings must be made: a. That the major vegetation removal, as mitigated, will not significantly impact any threatened or endangered plant or animal habitat area; b. That reasonably calculated mitigation measures are in place to avoid dangerous soil erosion or instability resulting from the removal. 3. In the event that a Coastal Development Permit is denied under the terms of these guidelines and said denial is the sole cause that the property owner is reasonably unable to develop the property, the City may waive the provisions of this ordinance in such a manner as to make reasonable development possible. Vegetation Replacement Policy: I . All citizens of Morro Bay and all tree owners presenting Removal Notification shall be encouraged to participate in the Voluntary Tree Program. Replacement vegetation may be planted on site, on City property as directed by the Public Works Department, or on property designated in the "Trees Wanted List," which shall consist of property owners who would like trees planted on their property and are willing to commit to maintain the planted trees until established; the City will provide the property owner with printed information on the City -sponsored Voluntary Tree Program. 2. All major vegetation removed with a Coastal Development Permit (Minor, Administrative, or Regular) shall be subject to a mandatory replacement program as follows: Fees: a. Trees shall be replaced at a ratio of two 5-gallon trees or one 15-gallon tree for every tree removed. b. Tree removal within an Environmentally Sensitive Habitat (ESH) zone, a wetland, or a stream corridor shall be replaced at a ratio of three 5-gallon trees or two 15-gallon trees for every tree removed. C. Replacement vegetation may be planted on the applicant's site or other privately held lands with the property owner's permission, or presented to the City to plant on public lands. A fee equal to the City's cost of such permit processing shall be charged for all Coastal Development Permits. Fines and Penalties: I . Any unpermitted major vegetation removal undertaken in an ESH zone, a wetland, or a stream corridor shall be replaced at a ratio of five 15-gallon trees for every tree removed. 2. Any unpermitted tree removal undertaken in an area other than an ESH zone, wetland, or a stream corridor shall be replaced at a ratio of two 15-gallon trees for every tree removed. Resolution •1 I -07 Page 4 of 4 3. If the City finds a professional person or company responsible for the illegal removal of major vegetation, the City shall notify the appropriate certifying body and/or licensing board to inform them of the name of the professional responsible for the unauthorized removal and the circumstances of the violation. F. Maior Vegetation Plan for Proposed Construction: 1. All proposed construction plans shall show existing major vegetation. 2. If Staff finds that the proposed construction will encroach on existing major vegetation, the applicant shall: a. Have the option of requesting a permit to remove the vegetation; or b. Retain the vegetation with recommendations from Planning and Building staff for protective plans. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of March 2007 by the following vote: AYES: NOES: ABSENT: ATTEST: LI DeMeritt, Grantham, Peirce, Winholtz, Peters None None RESOLUTION NO. 10-07 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Public Employee's Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change of the proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employee's Retirement System, a copy of said amendment begin attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED as a resolution of the Morro Bay City Council at a meeting held this 26`s day of February 2007 by the following vote: AYES: NOES: ABSENT: DeMeritt, Grantham, Peirce, Winhnitz Peter None None C, 1-*&a it l &,., BRIDGE BAUER, City Clerk 2 ® RESOLUTION NO.09-07 A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY ACCEPTING THE FINAL MAP FOR AN APPROVED 7-LOT RESIDENTIAL SUBDIVISION KNOWN AS TRACT 2602 THE CITY COUNCIL City of Morro Bay, California WHEREAS, on August 8, 2005 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 June 6, 2005; and WHEREAS, the Council did approve the tentative map for Tract 2602, 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 2602. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 26's day of February 2007, by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ATTEST: ® Eli- BRIDGETt BAUER, City Clerk RESOLUTION NO. 08-07 ® RESOLUTION APPROVING ADOPTION OF CALIFORNIA PUBLIC EMPLOYEES' DEFERRED COMPENSATION PLAN CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay desires to establish an additional deferred compensation plan for the benefit of its employees; and WHEREAS, the Board of Administration of the California Public Employee's Retirement System ("CalPERS") has established the California Public Employees Deferred Compensation Plan (the "CalPERS Plan") which may be adopted by a governmental employer the employees of which are public employees; and WHEREAS, the City of Morro Bay believes that the CalPERS Plan and the investment options available thereunder will provide valuable benefits to its employees; and WHEREAS, the Board has appointed State Street Bank and Trust Company ("State Street") to perform administrative services under the CalPERS Plan and to act as the Board's agent in all matters relating to the administration of the CalPERS Plan; NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay adopts the Ca1PERS Plan for the benefit of its employees and authorizes and directs the (Title of Board Delegate) to execute the attached adoption agreement on behalf of the City of Morro Bay, and to provide State Street with such information and cooperation as may be needed on an ongoing basis in the administration of the CalPERS Plan. A copy of this resolution, the agreement and any attachments thereto shall be on file in the office of the City Clerk. PASSED AND ADOPTED as a resolution of the Morro Bay City Council at a meeting held this 26`s day of February, 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholt NOES: None ABSENT: None Evs—C w p. 1sp T)c BRIDGETVBAUER, City Clerk RESOLUTION NO.07-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING THE MID -YEAR 2006/07 AMENDMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT BUDGETS 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 day-to-day business activities; and WHEREAS, the City Council adopted the original Operating and Capital Improvement Budgets on June 12, 2006, by Resolution No. 25-06; and WHEREAS, the City Council deems it necessary to amend said budgets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California: 1. The operating budgets of the City of Morro Bay are amended by additional revenues p and appropriations as show on the attached schedule; and ® 2. An additional $40,000 in the Promotions and Advertising budget as directed. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the I P day of February 2007, by the following vote: AYES: Grantham, Peirce, Peters NOES: DeMeritt, Winholtz ABSENT: None ATTEST: BRIDGET OAUER, City Clerk El ® RESOLUTION NO.06-07 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF FIRE EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Mono Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits and conditions of employment with the Morro Bay Fire Fighters Association; and WHEREAS, the meetings between the Morro Bay Fire Fighters Association and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Fire Fighters Association accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salaries, benefits and conditions to said fire employees of the City of Morro Bay. ® NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding for the period July 1, 2006 through June 30, 2007 as attached and made a part of this resolution. BE IT FURTHER RESOLVED that the City Manager and Assistant City Manager are hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 22od day of January, 2007 by the following vote: AYES: DeMcritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None J P1110E PETERS Mayor ATTEST: BRIDGE AUER, City Clerk RESOLUTION NO.05-07 ® A RESOLUTION APPROVING SUBMISSION OF STATE TRANSIT ASSISTANCE GRANT APPLICATIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS, in April 2006, the San Luis Obispo Council of Governments (SLOCOG) Board approved the Transportation Development Act allocations for fiscal year 200612007. which includes Population Based State Transit Assistance funds; and WHEREAS, the State Transit Assistance is derived from the statewide sales tax on gasoline and diesel fuel and the apportionment approved by the SLOCOG Board in April 2006 was based on funding estimates from the State of California; and WHEREAS, in August 2006, the amount of Population Based State Transit Assistance funds to the San Luis Obispo region was updated after the Sate of California budget was adopted in June 2006, increasing by over $1,500,000 due to higher fuel prices and the State of California not appropriating State Transit Assistance funds to balance its budget; and WHEREAS, the Population Based State Transit Assistance funding is disbursed through the SLOCOG Board; and ® WHEREAS, the SLOCOG Board in December 2006 approved a "Call for Projects" to determine how to allocate the $1,500,000 in increased Population Based State Transit Assistance funds through a competitive project application process; and WHEREAS, the project applications were due to the SLOCOG on January 11, 2007. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council approves of the grant applications for the projects listed in Exhibit A and their submission by the City Manager, or his appointed designee, to the San Luis Obispo Council of Governments. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 22°d day of January 2007 by the following vote: AYES: NOES: ABSENT: DeMeritt, Grantham, Peirce, Winholtz, Peters None None ATTEST: BRIDGETT QAUER, City Clerk Exhibit A ® State Transit Assistance Applications Capital Proiects Dial -A -Ride 2002 Vehicle Replacement Estimated project cost: $65,000 Rural Transit Fund grant: $44,000 State Transit Assistance grant: $217000 Dial -A -Ride 2003 Vehicle Replacement Estimated project cost: $65,000 Rural Transit Fund grant: $52,000 State Transit Assistance grant: $13,000 Dial -A -Ride 2005 Vehicle Replacement Estimated project cost: $69,000 Rural Transit Fund grant: $13,800 State Transit Assistance grant: $55.200 Dial -A -Ride Purchase and Installation of Generator Estimated project cost: $95,000 Rural Transit Fund grant: $76,800 State Transit Assistance grant: S l %200 ® Transit Manager Computer Equipment Replacement Estimated project cost: $3,000 State Transit Assistance grant: $3,000 Operating Projects Reinstatement of Dial -A -Ride Driver Lunch Coverage Estimated project cost: $45,557 (18 month pilot project) State Transit Assistance grant: $45,557 Sunday Dial -A -Ride Service Estimated project cost: State Transit Assistance grant: Dial -A -Ride Second Saturday Bus Estimated project cost: State Transit Assistance grant: $34,332 (18 month pilot project) $34,332 $34,332 (18 month pilot project) $34,332 Dial -A -Ride Later Weekday and Saturday Hours Estimated project cost: $41,679 (18 month pilot project) State Transit Assistance grant: $41,679 RESOLUTION NO.04-07 A RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE INTERIM YEAR RATE ADJUSTMENT APPLICATION AND ADJUSTING 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 are to he received in the two years between base years; and WHEREAS, the last base year collection rates were approved by the City Council on January 13, 2005; and ® WHEREAS, on November 2, 2006, MBGS Controller Tom Martin submitted an interim rate adjustment application that was later revised and resubmitted on January 9, 2007 in conformance with the franchise agreement and rate setting manual requesting a 2.58% 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 2.58% 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 March 1, 2007. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22"d day of January 2007 by the following vote: AYES: DeMeritt, Grantham, Peirce, NOES: None ABSENT: None ATTEST: ® BRI� 1 UER, City Clerk Winholtz, Peters ® Exhibit A CITY OF MORRO SA Y SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or leas) VOLUME -BASED RATES MINI -CAN SERVICE S8.18 per month for one 19 gallon wastewheeler container collected once each week ECONOMY RATE $13.09 per month for one 32 gallon wastewheeler container collected once each week STANDARD RATE $26.18 per month for one 64 gallon wastewheeler container collected once each week PREMIUM RATE 539.27 per month for one 96 gallon wastewheeler container collected once each week SERVICE AWAY FROM THE STREET CURB $7.13 per month in addition to above service level for each service requested (garbage,recycling, greenwaste) EXTRA CHARGES $6.53 EXTRA GARBAGE additional charge per 33 gallon can or equivalent volume per collection (minimum 1 ran) r�z OVERFILLED WASTE WHEELER LiD MUST BE FLAT EXTRA RECYCLING adGtlonsl charge per 33 gallon can or equMdlent volume per wCection (mimmun 1 ran) EXTRA GREENWASTE ade tonal charge per 33 gallon cah or aquivalem volume per mreaion (miraman t can) SWITCH WASTE WHEELER SIZES MORE THAN ONCE PER 12 MONTHS ® $ 41.63 per white good, couch, or hide -a -bed (once a month) $11.90 per mattress, boxspdng, or small chair, TV, microwave Proposed Rate Schedule for Integrated Solid Waste Services effective 3-1-2007 Fj E CITY OF MORRO BAY Exhibit A 2.58% AVERAGE ACROSS THE BOARD INCREASE -COMMERCIAL FOR INTEGRATED SOLID WASTE ACTIVITIES EFFECTIVE 3-1-2007 COMMERCIAL WASTE WHEELERS (PER MONTH) size of COLLECTIONS PER WEEK WW 1 2 3 4 5 6 7 32 GALLON $27.02 $52.75 $68.99 $85.25 $11 E298 $136.71 $162.94 64 GALLON $39.22 $68.99 $100.15 $135.34 $169.20 5197.83 $233 96 GALLON $5275 $92.00 $135.34 $180.03 $219.30 5268.03 $323.41 Additional charge per can per collection: COMMERCIAL DUMPSTER CONTAINERS PER MONTH Size of container COLLECTIONS PER WEEK (cubicyards) 1 2 3 4 5 6 7 1 $66.551 $103.111 $132.881 $166.741 $192.481 $239.851 $362.37 1.5 $81.43 $134.26 $180.30 $229.05 $275.2 $327.89 $481.02 2 $97.70 $170.80 $229.05 $291.32 $356.32 5421.31 $605.06 3 $126.141 $229.051 $322.471 $409.121 $529.64 1 $610.871 $825.26 4 $166.741 $310.281 $430.781 $575.681 $720.551 S815.331 $1,060.34 The rates shown above include the monthly corainer rental fee and are the same for bins and ganwoods, when volume is identical. UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS $17.15 1 cubic yard (minimum charge) $ Proposed Rate Schedule for Integrated Solid Waste Services effective 3.1.2007 25.74 1.5 cubic yards $34.31 2 cubic yards $51.45 3 cubic yards $68.60 4 cubic yards ® Exbibit A CITY OF MORRO BAY 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 96 GALLON BLUE WASTE WHEELER FOR RECYCLING. A 96 GALLON WASTE WHEELER IS 112 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 $55.81. 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 & CARDBOARD COLLECTION AT 2W. OF GARBAGE RATES COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) Sim of container COLLECTIONS PER WEEK cubicyards) 1 2 3 4 5 6 7 1 INCLUDED` $25.78 1 $33.22 $41.69 $48.12 $59.96 $90.59 1.5 INCLUDED` $33.57 $45.08 $57.26 $68.77 $81.97 $120.26 2 INCLUDED` $42.70 $57.26 $72.83 $89.08 $105'.33 $151.27 3 INCLUDED' $57.261 $80.62 $102.28 $132.41 1 $152.721 $206.32 4 INCLUDED* $T7.57 1 $107.70 $143.92 S180.141 $203A3 I $265.09 I ne rates shown above mdude the monthly container rental tee and are the same for bins ® and garwoods, when volume is identical. ` There is a $5.93 per mordh rental fee if you want a blue steel bin The $5.93 fee is waived once you begin paying for the pickup service. WHITE OFFICE PAPER COLLECTION White office paper can be commingled with other recycling in your blue waste wheeler. In office collection of whitetcolored paper is available at $48.99 per has 5.929124 STYROFOAM COLLECTION Styrofoam is no longer collected for recycling. It should be thrown away as trash. Proposed Rate Schedule for Integrated Solid Waste Services effective 3-1-2007 E 0 RESOLUTION NO.03-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, PROVIDING WORKERS' COMPENSATION COVERAGE FOR IDENTIFIED CITY VOLUNTEERS PURSUANT TO THE PROVISIONS OF SECTION 3363.5 OF THE LABOR CODE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay finds its best interest will be served by utilizing identified volunteers in the provision of certain government services; and WHEREAS, said volunteers should be eligible for workers' compensation coverage while on duty; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby: I. Find and determine that the public interest in best served by providing workers' Is compensation coverage for City volunteer workers as specified by the City Manager; and 2. Provide eligibility for said volunteers for workers' compensation benefits which will be applicable during the time the person actually performs volunteer services, provided, however, that the rights of volunteers shall be limited as set forth in the Labor Code. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 8i° day of January, by the following vote: AYES: DeMeritt, Grantham, Peirce, Winholtz, Peters NOES: None ABSENT: None ATTEST: 0 awork r mp.wc oluntmnm 12 06 RESOLUTION NO.02-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS THE CITY COUNCIL City of Morro Bay, California WHEREAS, pursuant to Ordinance No. 519, 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 local transactions and use taxes; and WHEREAS, the City Council of the City of Morro Bay deems it necessary for authorized representatives of the City to examine confidential transactions and use tax records of the State Board of Equalization pertaining to transactions and use taxes collected by the Board for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the transactions and use tax records of the Board; and ® WHEREAS, Section 7056 of the California Revenue and Taxation Code requires that any person designated by the City shall have an existing contract to examine the City's sales and use tax records. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY HEREBY RESOLVES AS FOLLOWS: Section 1. That the Finance Director or other officer(s) or employee(s) of the City (hereafter referred to as City) designated in writing by the Finance Director to the State Board of Equalization (hereafter referred to as Board), is hereby appointed to represent the City with authority to examine transactions and use tax records of the Board pertaining to transactions and use taxes collected for the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the City transactions and use taxes by the Board pursuant to the contract. Section 2. That the City's existing contract with Hinderliter, del Llamas and Associates is hereby amended to add thereto the examination of the transactions and use tax records of the City pertaining to transactions and use taxes collected for the city by the Board. 11 Resolution No. 02-07 ® Page Two Section 3. That Hinderliter, de Llamas and Associates is hereby designated to examine the transactions and use tax records of the City pertaining to transactions and use taxes collected for the City by the Board. The entity designated by this section meets all of the following conditions: a) Has an existing contract with the City to examine those transactions and use tax records; b) Is required by that contract to disclose information contained in, or derived from, those transactions and use tax records only to the officer(s) or employee(s) authorized under Section 1 of this resolution to examine the information; c) Is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and d) Is prohibited by that contract from retaining the information contained in, or derived from, those transactions and use tax records after that contract has expired. The information obtained by examination of Board records shall be used only for purposes related to the collection of City's transactions and use taxes by the Board pursuant to the contract between is the City and Board. Section 4. The City Clerk of the City is hereby directed to certify adoption of this Resolution and to send a copy to: State Board of Equalization Local Tax Section MIC:27 P.O. Box 942879 Sacramento, CA 94279-0001 PASSED AND ADOPTED by the City of Morro Bay on the 8th day of January 2007. AYES: NOES: ABSENT: DeMeritt, Grantham, Peirce, Winholtz, Peters None None Bridgett Uier, City Clerk C RESOLUTION NO.01-07 ® 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 THE CITY COUNCIL City of Morro Bay, California 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, per California Government Code Section 53646(a)(2), all local agency governing boards may render to the legislative body of that local agency a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting and shall also consider any change in the policy. WHEREAS, per California Government Code Section 53607, the legislative body may delegate investment authority and responsibility to the Treasurer and/or designated staff for a period of one year ® subject to annual review and monthly review of transactions initiated by the designee; and WHEREAS, the City of Morro Bay first adopted its current investment policy in 1996, and refined in during 1997 and 1998; and WHEREAS, the investment policy presented has been modified based on the 2003 guidelines prepared by the California Debt and Investment Advisory Committee (CDIAC) and the Government Finance Officers Association (GFOA). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Statement 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 8 ° day of January, 2007, by the following vote to wit: AYES: DeMeritt, Grantham, Peirce, NOES: None ABSENT: None Is Bridgett Ba r, City Clerk Winholtz, Peters CA I Janice Peters, Mayor ® E PURPOSE CITY OF MORRO BAY INVESTMENT POLICY JANUARY 2007 This investment policy establishes the practices and procedures to be used in managing the City of Morro Bay's (City) portfolio in accordance with the requirements of the State of California Government Code and the guidelines provided by the California Debt and Investment Advisory Commission (CDIAC) and the Government Finance Officers Association (GFOA). SCOPE OF THE POLICY This policy governs the investment of money that is not required to meet the immediate needs of the City. LEGAL AUTHORITY ® Govemment Code Sections., California Government Code Sections 53600 to 53609 govern the investment of local agency funds. Legislative Changes. Any applicable legislative actions will be acted on as of their effective dates and will be incorporated into the policy annually, specifying the California Government Code sections that have been added, deleted or amended. OBJECTIVES The City Treasurer will consider the following factors in priority order when assessing investment opportunities: Safety.- The primary objective is the preservation of principal. Capital losses will be avoided, whether from default or erosion of market value, meaning that the City will not sell or trade an investment because of market fluctuation. The two types of risk to be minimized are: 1. Credit risk — the risk that an issuer or other counterparty to an investment will not fulfill its obligations; and 2. Interest rate or market risk — the risk that changes in interest rates will adversely affect the fair value of an investment. ® Liquidity.- The second objective is the liquidity of the portfolio. The portfolio should remain sufficiently fle)dble to enable the City to meet the operating requirements that are 1 reasonably anticipated. In order to sure liquidity, the investment policy must recognize ® that calculating cash flows are the basis of any good investment strategy. Meeting the daily cash flow demand goes hand -in -hand with meeting the City's liquidity needs. E J 11 Yeld.• The third objective, behind safety and liquidity, is attaining a market rate of return throughout the budgetary and economic cycles. While managing the portfolio, the treasurer and designated staff will strive to maintain public trust by av6iding any transactions that might impair public confidence in the City. When selecting investment instruments, the treasurer and designated staff will remain cognizant of any social and policy considerations that have been established and defined in this policy. GENERALSTRATEGY The treasurer and designated staff may follow a passive or active investment strategy. Passive investment policies adhere to the investment goal of holding investments to maturity. Active investment strategy is the buying and selling of investments to achieve a certain benchmark objective. Great care, coupled with the advice of a fiscal agent, should be followed with an active investment policy. The City, as stated above in the Objectives section under Safety, follows the passive investment strategy of holding investments to maturity. STANDARD OF CARE Prudent Investor Standard- The prudence standard for trust investing traces back to Harvard College v. Amory, 26 Mass. (9 Pick.) 446 (1830). Judge Samuel Putnam stated that trustees should "observe how men of prudence, discretion and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income, as well as the probable safety, of the capital to be invested." This standard will be followed by the treasurer and designated staff. Ethics and Conflict of Interest: The treasurer and designated staff should refrain from personal business activities that could conflict with the proper execution of the investment program or which could impair their ability to make impartial decisions. Delegation of Authority.• The following positions and corresponding City personnel are delegated the power to invest the funds of the City: Mayor.......................................... City Manager .............................. Finance Director/Treasurer........ Accountant ................................ Lead Account Technician........... Account Clerk III ........................ Janice Peters Robert E. Hendrix Susan Slayton Joyce Bunting Laurie Goforth Cristie Brazzi These designations may change with the annual affirmation of this policy. Each delegate is required to adhere to the requirements set forth in the investment policy. 2 ® SAFEKEEPING AND CUSTODY Third -party safekeeping. Ownership of the City's investment securities will be protected through third -party custodial safekeeping. The custodian will provide the City with a safekeeping receipt or monthly, itemized statement. Exceptions to this requirement are made for certificates of deposit, money market funds and investment pools. Intemal Controls. These are designed to ensure that the assets of the City are protected from theft, loss, or misuse. Such internal controls are in place include: 1. Control of collusion; 2. Separation of duties; 3. Safekeeping of securities; and 4. Written confirmation of telephone transactions and wire transfers. The City will separate the person who authorizes or performs the transaction from the person or people who ultimately record or otherwise account for the transaction to achieve separation of duties. Delivery vs. Payment- All investment transactions should be conducted using standard delivery vs. payment procedures. In delivery vs. payment, the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian, and ensures that securities are deposited in an eligible financial institution prior to the release of funds. ® AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City will only conduct business with approved banks, savings and loans, credit unions, and securities brokers/dealers. A list of financial dealers and institutions is to be maintained. Broker/dealers and institutions must meet all requirements established by federal and.state law. SUITABLE AND AUTHORIZED INVESTMENTS Authorized Investment Types., The City, by virtue of California Government Code Sections 53600 — 09, has the ability to invest in the numerous types of instruments. The City has looked at its goals, objectives, and standards of care in establishing a list of authorized investment types that also meet statutory requirements. Those types of investment instruments that meet the criteria for the City are: 1. Securities of the U. S. Government, or its agencies; 2. California's Local Agency Investment Fund (LAIF) pool; 3. FDIC Insured Certificates of Deposit; 4. Bankers' Acceptances (not exceeding 40% of portfolio/max maturity 180 days); 5. Money Market funds whose portfolios consist of the foregoing (not exceeding 20% of portfolio); 6. Collateralized Certificates of Deposit of $100,000 or more (not exceeding 25% of the portfolio); and ® 7. Passbook savings accounts Prohibited Investment Types: In addition to a listing of authorized investments, California ® Government Code Section 53601.6 prohibits local agencies from investing in the following instruments: 1. Inverse floaters; 2. Range notes or mortgage -derived, interest -only strips; 3. Any security that could result in zero interest accrual if held to maturity; 4. Stock; 5. Futures or options; and 6. Repurchase agreements and reverse repurchase agreements. There may be additional investment instruments in which the City does not want the treasurer to invest, and those will be defined in future investment policies. INVESTMENT PARAMETERS Diversification of Investments: The City may choose to impose more stringent restrictions or further restrictions on other investment instruments, depending on its investment goals and risk tolerances, than those proposed in the California Government Code Sections 53600 - 09. The City has indicated those authorized investments with the appropriate percentage of the portfolio allowed as follows: 1. Money market funds not to exceed 20%; 2. Collateralized Certificates of Deposit not to exceed 25%; ® 3. Securities of any one issuer, except those obligations of the U.S. government, U.S. governmental agencies, and U.S. government -sponsored enterprises, not to exceed 5%; and 4. Mutual funds not to exceed 10%. Maximum Maturity.- California Government Code Section 53601 lists the maximum maturity for any instrument as five (5) years. The exception to this time frame is made for investments with LAIF only. Minimum Credit Requirements: The City has chosen to follow the California Government Code Section 53601 that sets the minimum credit rating required for certain investment instruments as follows: 1. Short-term debt shall be rated at least "A-1" by Standard & Poor's Corporation, "P- 1" by Moody's Investors Service, Inc., or "F-1" by Fitch Ratings. If the issuer of short-term debt has also issued long-term debt, this long-term debt rating shall be rated at least "A," without regard to +/- or 1, 2, 3 modifiers, by Standard & Poor's Corporation, Moody's Investors Service, Inc., or Fitch Ratings. 2. Long-term debt shall be rated at least "A," without regard to +/- or 1, 2, 3 modifiers, by Standard & Poor's Corporation, Moody's Investors Service, Inc., or Fitch Ratings. Maximum Weighted Average Maturity of a Porffo/io: As part of the monthly portfolio performance report that is provided to the City Council, a weighted average maturity (WAM) of the portfolio is 4 calculated. While there are no requirements under state law for a maximum WAM of a portfolio, ® CDIAC's Local Agency Investment Guidelines suggest that local agencies include and monitor WAM to arrive at an acceptable range for future implementation of a maximum benchmark. PORTFOLIO MANAGEMENT ACTNM Active or Passive Portfolio Management.• In active portfolio management, treasurers buy and sell securities based on how to maximize portfolio values over a given timeframe. In passive portfolio management, the goal is to match a market rate of return (usually a benchmark). Weighing the pros and cons of each strategy in light of staff resources and investment, the City has chosen to follow a passive portfolio management strategy. Competitive Bidding: Investments are purchased in the most cost effective and efficient manner utilizing approved brokers/dealers on all investment transactions. Reviewing and Monitoring of the Portfolio: The portfolio is to be reviewed on a monthly basis to ensure that the investments are being properly tracked and reported. Portfolio Adjustments: If the portfolio demonstrates non-compliance with the investment policy, the treasurer and designated staff may hold the affected securities to maturity to avoid losses; however, the treasurer may choose to rebalance the portfolio earlier to bring it back into compliance only if the portfolio will not suffer any losses for selling the investment prior to maturity. ® Performance standards: The objective of investing is to obtain a rate of return throughout budgetary and economic cycles, commensurate with investment risk constraints and cash flow needs. REPORTING Reporting Methods: On a monthly basis, the investment portfolio will be provided to the City Council and will list the following components per Government Code_ Section 53646 (b): 1. Types of investment; 2. Issuer names; 3. Dates of maturity; 4. Par amounts; 5. Dollar amounts; 6. Market values; 7. Descriptions of programs under the management of contracted parties; 8. A statement of compliance with the investment policy; and 9. A statement of the ability to meet cash flow needs for six months. Governmental Accountings standards Board (GASB) statement No. 31 - Marking to Market. The City's portfolio is to be marked -to -market for the monthly investment report provided to the City Council and at minimum, annually for the financial statements. Market values are to be obtained from a reputable and independent source and disclosed to the City Council in the monthly written ® report. The independent source of pricing should not be one of the parties to the transaction being valued. Such an independent source could include a broker or other financial institution that was not a counterparty to the transaction, the custodial bank if the bank was not a counterparty to ® the transaction, publicly available publications such as The Wait Street Journal, or other pricing services for which a separate fee would be paid. This is consistent with GASB Statement No. 31, which requires that governmental entities report investments at fair value, and with the California Governmental Code, which also requires market values of investments be reported. Calculation of Yield and Costs: All yield rates on investments will be presented at book value. Invesbnent Policy Adoption, Review, and Amendment: The investment policy will be reviewed, amended, and presented to the City Council annually at the beginning of the calendar year. The review should ensure that the policy is consistent with the overall objectives of preservation of principal, liquidity, and return, and is in conformance with the law, financial and economic trends, and the cash flow needs of the local agency. Definitions or Glossary of Terms: This investment policy includes a definition section (Appendix A) in order to establish a common vocabulary between the treasurer and designated staff, the City Council, and the public. 11 APPENDIX A — INVESTMENT POLICY TERMINOLOGY ® The following are examples of terminology commonly found in California City investment policies. The inclusion of these sections provides clarity to investment policies and better enables readers to understand important concepts. Authorized Financial Dealers and Institutions: List of financial institutions authorized to provide investment services.. May also include a list of approved security broker/dealers with which the City can do business. These institutions and broker/dealers are usually selected by their ability to add value to the investment process. Some criteria to consider when choosing an approved broker/dealer include creditworthiness, expertise, and the products in which the financial dealer or institution is familiar. GFOA suggests that all entities qualifying for investment transactions provide audited financial statements; proof of industry group (National Association of Securities Dealers [NASD]) certification; proof of state registration; completed broker/dealer questionnaire; and certification of having read, understood, and agreeing to comply with the investment policy. Bankers' Acceptance: A draft, bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Certificate of Deposit: A time deposit with a specific maturity evidenced by a certificate. Collateralization: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or_ security. California Government Code Section 53601 requires that all repurchase agreements be secured by eligible securities with a ® market value of 102 percent or greater of the funds borrowed. GFOA recommends and California Government Code requires that full collateralization be required on non-negotiable certificates of public deposit. Delegation of Authority: The granting of authority to manage the investment program to designated officials. Such authority is usually derived from code sections, ordinance, charters, or statutes. Government Code Section 53607, for example, allows the City Council to delegate, for a one-year period, its authority to invest or reinvest funds or to sell or exchange securities held by the local government. Delivery vs. Payment: A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. It ensures that securities are deposited in an eligible financial institution prior to the release of funds. A third -party custodian as evidenced by safekeeping receipts should hold securities. Diversification: A process of investing assets among a range of security types by sector, maturity, credit rating, and call type or structure. This reduces exposure to risk by combining a variety of investments, which are unlikely to all move in the same direction. GFOA suggests diversifying a city's investment portfolio by limiting investments to avoid exposure to a specific sector, limiting investment in securities with higher credit risks, investing in instruments with varying maturities, and continuously investing a portion of the portfolio in readily available funds such as a local government investment pool, money market funds, or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. 7 Ethics and Conflicts of Interest: The California Political Reform Act of 1974 requires certain ® designated public officials at all levels of government to publicly disclose their private economic interests and requires all public officials to disqualify themselves from participating in decisions in which they have a financial interest. As part of this requirement, local agencies are required to adopt and promulgate a Conflict of Interest Code, with certain required sections. To further promulgate this Code, investment policies sometimes include language requiring the ethical conduct of investment officers and statements regarding refraining from personal business activity that could conflict with the proper execution and management of the investment program or that could impair their ability to make impartial decisions. To avoid conflicts, GFOA recommends that investment officers disclose material interests in financial institutions with which they do business, disclose personal financial interests that could be .related to the performance of the investment portfolio, and refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the local government. Exemption:. Language that grandfathers prohibited investments into the investment polity because they may have been held in the portfolio prior to the prohibition. When these investments mature or are liquidated, the money should be reinvested as provided by the policy and the exemption language should be removed from the policy. FDIC: Federal Deposit Insurance Corporation is a federal agency that insures bank deposits up to $100,000 per deposit. General Objectives: The section of an investment policy that illustrates the three main objectives (safety, liquidity, and yield), in order of priority, of a good investment policy. In addition ® to these commonly included objectives, there are a myriad of other objectives for which an investment policy can strive. Safety is the preservation of principal. Liquidity is how easily an investment may be redeemed for cash. Yield is the current rate of return on a security generally expressed as a percentage of its current price. As per California Government Code Section 53600.5, safeguarding the principal of the funds under its control should be the primary objective of local agencies. Liquidity also should be a principal objective of a portfolio. The portfolio should maintain sufficient liquidity to meet operating requirements. To accomplish this, a local agency can structure a portfolio so that investments mature when cash is needed and also by investing in liquid securities with an active secondary market. Yield should be the last objective an investment portfolio should strive for, behind safety and liquidity. Since there are many different ways for yield to be calculated, the investment policy should specify how it is to be calculated. Internal Controls: The system used to ensure that the local government assets are protected from loss, theft, or misuse. Such a system should provide a reasonable assurance that such loss, theft, or misuse can be prevented. Examples include separation of duties, delegation of authority, and documentation. GFOA suggests that an internal control system address the following points: control of collusion, separation of transaction authority from accounting and recordkeeping, custodial safekeeping, avoidance of physical delivery of securities, clear delegation of authority to subordinate staff, written confirmation of transactions for investments and wire transfers, and development of a wire transfer agreement with the lead bank and third -party custodian. Investment Parameters: Specified restrictions on investments to limit the amount of risk in a portfolio. These parameters may be specified in the California Government Code; however, the ® local agency may choose to further restrict investment options depending on its risk tolerance. [3 Such parameters may include diversification of investments types, percentages, or dollar limits per ® issuer and setting maximum maturities. Investment Types: A recitation of the investment types the local agency has been given authority in which to invest. This may be a list of securities allowable under California Government Code Section 53601 et seq., and may be further restricted by the agency itself. For a description of the allowable California local agency investment instruments, please see CDIAC's latest version of its Local Agency Investment Guidelines, available on its website at www.treasurer. ca.gov/cdiac. GFOA recommends the investment in the following types of securities: U.S. government securities and agency obligations; highly -rated certificates of deposit, bankers' acceptances, commercial paper; investment -grade state and local government obligations; repurchase agreements securitized by the previously -mentioned securities; SEC -regulated, dollar -denominated money market.mutual funds; and local government investment pools. Liquidity: A liquid asset is one that can be quickly and easily converted into cash without loss in value. Market Value: The price at which a security is trading at a point in time. Selling an investment at market value can result in a gain ($500,000 investment sold for $515,000 = $15,000 gain) or loss ($500,000 investment sold for $498,000 = $2,000 loss). Gains and losses are dependent on changes in the current rate of interest as compared to the interest rate of the investment that is being considered for sale. Marking -to -Market: The act of recording the price or value of a security to reflect its current ® market value rather than its book value. Maximum Maturities: Maturity.is the date on which the security or obligation is redeemed by the issuer in exchange for cash. California law states that local governments cannot invest in instruments with terms remaining to maturity in excess of five years unless they receive express authority from their legislative bodies to do so. Local governments should attempt to match investment maturities with anticipated cash flow requirements. There is no requirement under California law for local governments to have a weighted average maturity (WAM) restriction for their portfolio, although CDIAC's Local Agency Investment Guidelines suggests that local agencies consider adopting a WAM restriction. Performance Standards: The criteria by which a stated goal is measured. An investment portfolio's performance and risk exposure should be evaluated against appropriate benchmarks on a regular basis. One standard that should be strived for should be a market rate of return in a given interest rate environment. Policy Considerations: The local ordinances or other requirements that place restrictions on the policy. Local governments should consider what should be exempted from the policy and also when, or under what circumstances, the policy should be amended. Pooling of Funds: A statement in the investment policy that except for certain restricted or .special funds, cash balances should be consolidated from all funds to maximize investment earnings. ® Portfolio: The collection of investment instruments held. 9 ® Prudent Investor Standard: Legal maxim that all investments should be made with care, skill, prudence and diligence under the circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the professional management of their business affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Reporting: Presentation of evaluation data or other information to communicate processes, roles, and results. Investment policies should include reporting requirements such as methods of reporting investments, the standards against which investments should be reported, and the requirement for calculating market value. Reporting Methods: Ways in which investment outcomes are reported including listing of instrument values, dollar value returns, percentage yields, etc: GFOA suggests that local governments prepare investment reports at least quarterly. In California, investment reports are no longer required to be submitted to legislative bodies. This requirement is now permissive. If a local government chooses to submit an investment report in accordance with California Government Code Section 53646 to their legislative bodies, they are still required to submit copies to CDIAC for the second and fourth quarter of every calendar year until January 1, 2007. GFOA goes on to list some suggested components of investment reports including listing of securities, gains and losses, average weighted yield to maturity as compared to benchmarks, listing of investment by maturity date, and percentage of the total portfolio which each type of investment represents. ® Risk: Two of the most common risks assodated with local government portfolio investing are credit risk and interest rate risk. Credit risk is the risk to an investor that an issuer will default in the timely payment of interest and/or principal on a security. Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Limiting investment to the safest types of securities, pre -qualifying financial institutions, broker/dealers, and others with which the local agency will do business, and diversifying the number of issuers in an investment portfolio can minimize credit risk. Interest rate risk can be minimized by structuring the portfolio so that investments mature at the same time that cash is required or investing operating funds in highly liquid, shorter -term securities (e.g., U.S. Treasury bills or notes). Safekeeping and Custody: Rules derived to ensure the safety of an investment and within whose control the investment resides. Some examples include third -party safekeeping, developing lists of authorized financial dealers and institutions, developing internal controls, and using a delivery vs. payment standard for transactions. Local agencies should consider requiring securities to be held by third -party custodians, evidenced by timely statements illustrating the balance held by these custodians. Scope: The types of funds that the policy covers (e.g., operating funds, bond proceeds, etc.). In general, investment policies cover short-term operating funds. Longer -term funds such as retirement funds are covered by other policies. The investment of bond funds usually is governed by the bond documents such as the trust indenture. Standards of Care: The degree of care that a reasonably prudent person would exercise in the ® investment of local agency funds. ® December 20, 2005 CITY OF MORRO BAY STATEMENT OF INVESTMENT POLICY Introduction Monies not required for immediate expenditure by the City of Morro Bay shall be invested in compliance with governing provisions of law (including Section 53600 of the Government Code) and this Investment Policy. Policy It is the policy of the City of Morro Bay to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the city and conforming to all federal, state and local statutes governing the investment of public funds. Scope This investment policy applies to all financial assets of the City of Morro Bay. These funds are accounted for in the City' s Comprehensive Annual Financial Report and include: ® Funds: General Fund Special Revenue Funds Enterprise Funds Capital Project Funds Trust and Agency Funds Internal Service Funds And any other fund maintained by the City, unless specifically exempted. Prudence Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as their probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security=s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse ® D:TileWSWORDNOLICIES\invesm t policy 2005.doc ® Statement of Investment Policy City of Morro Bay, California January, 2006 developments. Obiective The primary objectives, in priority order, of the City of Morro Bay's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program Investments of the City of Morro Bay shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Liquidity: The City of Morro Bay' s investment portfolio will remain sufficiently liquid to enable the city to meet all operating requirements, which might be reasonably anticipated. Return on Investments: The City of Morro Bay--s investment portfolio shall be designed with the objective of attaining a rate of return throughout the budgetary and economic cycles, commensurate with the city' s investment risk constraints and the cash flow characteristics of the portfolio. ® 'Delegation ofAuthority Pursuant to Section 53607 ofthe Government Code, the Treasurer ofthe City ofMorro Bay shall be delegated authority and assume full responsibility for investing and reinvesting idle funds of the city. In accordance with S13109, Chapter 749, 1996 statutes, the City Council shall annually delegate such authority and responsibility, subject to review. In further accordance with SB 109, the City Council is trustee and therefore fiduciary subject to the prudent investor standard and, delegation ofauthorityto the Treasurer does not relieve the City Council of that trustee role. Ethics and Conflict of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City of Morro Bay, particularly with regard to the time of purchases and sales. ® U:\Fd6N15WORD%POLICIESVnvesun tpolicy 2005.doc -2- ® Statement of Investment Policy City of Morro Bay, California January, 2006 Authorized Financial Dealers and Institutions The Treasurer will maintain a list of investment brokers/dealers and financial institutions authorized to provide investment and safekeeping services for the city. All broker/dealers and financial institutions that desire to become qualified bidders for investment transactions and related services shall supply the Treasurer with the following: Current audited financial statements Proof of registration with the National Association of Security Dealers (NASD)(Broker/Dealers) and Small Investors Protection Corporation (SIPC) Certification of having read the City of Mono Bay's Investment Policy Certification of authorization to do business in the State of California Authorized and Suitable Investments Governing laws of the State of California permit local agencies to invest in a range of investment instruments that vary in complexity and sophistication, as well as risk and reward. Due to the limited size of the City of Mono Bay's portfolio, the city does not require frequent entry into the investment ® marketplace. Under these circumstances, it would be prudent for the city to limit the range of investment instruments to a subset of those allowable, in order to provide for diversification and at the same time limit the risk associated with limited entry into the marketplace. Suitable investment instruments shall include the following and all transactions shall be on a delivery versus payment (DVP) basis: Securities of the U. S. Government, or its agencies. California Local Agency Investment Fund Demand Deposits FDIC Insured Certificates of Deposit Bankers' Acceptances (not exceeding 40% of portfolio/ max maturity 180 days) Money Market funds whose portfolios consist of the foregoing (not exceeding 20% of portfolio) Passbook savings accounts Except for securities of the U.S. Government, or its agencies, and for the LAIF fund, maturities on each investment shall not exceed three (3) years from date of purchase. Diversification The City of Mono Bay will diversify its investments by security type and institution to the greatest extent practicable. With the exception of securities of the U.S. Government, or its agencies and the ® UAFilm\MSWORDtPOI.ICIEStinvesunatt policy 2005.doc -3- ® Statement of Investment Policy City of Morro Bay, California January, 2006 California Local Agency Investment Fund, no more than 40% ofthe city, s total investment pool will be invested in a single security type or with a single financial institution. Reporting The Treasurer is charged with the responsibility of making a monthly investment portfolio report to the City Council of the City of Morro Bay. The monthly report shall include an accounting for all cash and investments in the portfolio and shall include both cost and marked -to -market value as ofthe end of the monthly reporting period. Investment Policy Adoption The city, s investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed annually by the City Council and any modifications made thereto must be approved by the City Council. The City Council shall also delegate authority to make investments by resolution on an annual basis. 11 ® U:tFi16N1SWORDtPOLICIFSItnvesu=t policy 2005.doc -4- ® Statement of Investment Policy City of Morro Bay, California January, 2006 Glossary of Terms Bankers, Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Broker: A broker brings buyers and sellers together for a commission. Certificate of Deposit: A time deposit with a specific maturity evidenced by a certificate. Comprehensive Annual Financial Report (CAFR): The official annual report of the City of Morro Bay. It includes combined statements of each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related and contractual provisions, introductory material and a detailed statistical section. Delivery Versus Payment: One of two methods of delivery of securities. Similar to an escrow for a home loan, where a third party holds both the payment and the security and exchanges them after all specifications have been met. Diversification: A method for reducing investment risk by using a variety of investment instruments and financial institutions to avoid a single catastrophic failure. FDIC: Federal Deposit Insurance Corporation is a federal agency that insures bank deposits up to $100,000 per deposit. Liquidity: A liquid asset is one that can be quickly and easily converted into cash without a substantial loss in value. LAIF: California Local Agency Investment Fund is an investment pool that aggregates all funds from political subdivisions and invests them under the custody of the State Treasurer. Market Value: The price at which a security is trading and could presumably be sold or purchased. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. 0 \Film\MSWORDtPOLICIES\invectrr=t polity 2005.dot Statement of Investment Policy City of Morro Bay, California January, 2006 Money Market: The market in which short-term debt instruments are issued and traded. Portfolio: The collection of securities held by an investor. Safekeeping: A service rendered by banks for a fee whereby securities and valuables ofall types are held in the bank's vault for protection. ►�J aUIFILF_SNISWORD\POLICIF_SHNVFSTM ENT POLICY 2005.DOC -6-