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HomeMy WebLinkAboutResolution 01-11 to 77-11E 3 RESOLUTIONS 2011 NO. TITLE ADOPTED 72-11 RESOLUTION RELATING TO THE CLASSIFICATION AND TERMS OF EMPLOYMENT OF FIRE EMPLOYEES OF THE CITY OF MORRO BAY 12-13-11 73-11 RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE MORRO BAY FIREFIGHTERS ASSOCIATION 12-13-11 74-11 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO BOATING SAFETY & ENFORCEMENT GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS 12-13-11 75-11 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 110-112/110W-112W AND 20' OF THE EASTERLY PORTION OF LEASE SITE 111.5W BETWEEN THE CITY OF MORRO BAY AND GAFCO, INC. 12-13t11 76-11 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 124-128/124W-128W AND 113W BETWEEN THE CITY OF MORRO BAY AND SEA ONE SOLUTIONS LLC 12-13-11 77-11 APPROVAL OF A THIRTEEN YEAR LEASE AGREEMENT FOR LEASE SITE 144/144W BETWEEN THE CITY OF MORRO BAY AND CHARLES AND SANDRA MARCIEL, DOING BUSINESS AS M&M REFRIGERATION 12-13-I1 ® RESOLUTIONS 2011 E L. J NO. TITLE ADOPTED 65-11 RESOLUTION APPROVING THE ADOPTING OF THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE SEW, LOCAL 620, AND THE CITY OF MORRO BAY 09-13-11 66-11 RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SEW LOCAL 620 EMPLOYEES 09-27-11 67-11 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF PUBLIC PEDESTRIAN EASEMENT FOR SIDEWALK PURPOSES ON ERROL STREET FOR TACO BELL (1700 MAIN STREET) 09-27-11 68-11 RESOLUTION ACCEPTING $100,000 GRANT FROM THE STATE OF CALIFORNIA CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM 09-27-11 69-11 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE MORRO BAY MISCELLANEOUS EMPLOYEES 10-11-11 70-11 RESOLUTION APPROVING AMENDMENT #2 TO THE LEASE AGREEMENT FOR LEASE SITE 50-51/50W-51W, LOCATED AT 451 EMBARCADERO, BETWEEN THE CITY AND REG WHIBLEY 10-25-11 71-11 RESOLUTION APPROVING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY IS ELIGIBLE 11-08-11 RESOLUTIONS 2011 NO. TITLE ADOPTED 58-11 AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNER- SHIP PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIP PROGRAM 08-09-I1 59-11 RESOLUTION ADOPTING REVISIONS TO THE MASTER FEE SCHEDULE 08-23-11 ® 60-11 RESOLUTION ADOPTING THE CITY TRAVEL POLICY 08-23-11 61-11 RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE BASE YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN INCREASE TO SOLID WASTE COLLECTION RATES 08-23-11 62-11 RESOLUTION AMENDING THE CITY ADVISORY BOARDS HANDBOOK AND BY-LAWS 08-23-11 63-11 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO THE 2011/12 ABANDONED WATERCRAFT ABATEMENT FUND CONTRACT WITH THE DEPARTMENT OF BOATING & WATERWAYS 09-13-11 64-11 RESOLUTION APPROVING A SUBLEASE ON A PORTION OF LEASE SITE 110-112/110W-112W AND 111.5W, LOCATED ADJACENT TO 1185 EMBARCADERO BETWEEN GREAT AMERICAN FISH COMPANY AND VIRG'S LANDING, INC. C1 09-13-11 ® RESOLUTIONS 2011 NO. TITLE ADOPTED 52-11 AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN INSTALLMENT SALE DOCUMENTS IN CONNECTION WITH THE OFFERING AND SALE OF $1,500,000 CERTIFICATES OF PARTICIPATION RELATING TO THE FINANCING OF FIRE STATION NO. 53, AND AUTHORIZING AND. DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 53-11 AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN INSTALLMENT SALE DOCUMENTS IN CONNECTION WITH THE OFFERING AND SALE OF $300,000 CERTIFICATES OF PARTICIPATION 08-09-11 ® RELATING TO THE FINANCING OF FIRE STATION NO. 53, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 08-09-11 54-11 AUTHORIZING THE SIGNING OF USDA FORMS, WHICH AUTHORIZE AND PROVIDE FOR THE INCURRENCE OF INDEBTEDNESS FOR FIRE STATION NO. 53 ADMINISTRATION BUILDING 08-09-11 55-11 ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR THE MANAGEMENT EMPLOYEES OF THE CITY 08-09-11 56-11 ADOPTING AN AGREEMENT ON THE COMPENSATION AND WORKING CONDITIONS FOR THE CONFIDENTIAL EMPLOYEES OF THE CITY 08-09-11 57-11 ESTABLISHING THE ANNUAL PROPOSITION 4 APPROPRIATIONS LIMIT FOR FY 2011/12 08-09-11 11 L RESOLUTIONS 2011 NO. TITLE ADOPTED 45-11 RESOLUTION ESTABLISHING A THREE-YEAR MORATORIUM FOR THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR COMMERCIAL PROJECTS WITHIN A COMMERCIAL ZONE 06-28-11 46-11 RESOLUTION ADOPTING THE 2010 URBAN WATER MANAGEMENT PLAN 06-28-11 47-11 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES OF THE CITY 48-11 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION (CA PUBLIC EMPLOYEES' RETIREMENT SYSTEM) AND THE CITY COUNCIL OF MORRO BAY (LOCAL POLICE MEMBERS) 49-11 RESOLUTION ADOPTING THE 2011/12 FISCAL YEAR OPERATING BUDGET 50-11 AUTHORIZATION FOR THE CITY TO ENTER INTO A GRANT AGREEMENT WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR MORRO BAY 07-12-11 07-12-11 07-12-11 STATE PARK MARINA NON -MOTORIZED KAYAK LAUNCH DREDGING 07-12-11 51-11 AUTHORIZATION FOR THE CITY TO ENTER INTO A GRANT AGREEMENT WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR MORRO BAY STATE PARK MARINA BASIN AND ENTRANCE CHANNEL DREDGING 07-12-11 ® RESOLUTIONS 2011 NO. TITLE ADOPTED 38-11 RESOLUTION AUTHORIZING EXECUTION OF THE "DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES" FOR THE CITY'S APPLICATION FOR CALIFORNIA DISASTER ASSISTANCE PROGRAM 05-24-11 39-11 RESOLUTION CONTINUING THE FISCAL YEAR 2010/11 BUDGET 06-14-11 40-11 RESOLUTION DETERMINING THAT ISSUANCE OF AN ABC PERMIT FOR A WINE TASTING ROOM LOCATED AT 783 MARKET AVENUE ® WOULD SERVE AS A PUBLIC CONVENIENCE OR NECESSITY 06-14-11 41-11 RESOLUTION DETERMINING THAT ISSUANCE OF AN ABC PERMIT FOR OFF SALE BEER & WINE SALES AT 1169 MARKET AVENUE WOULD SERVE AS A PUBLIC CONVENIENCE OR NECESSITY 06-14-11 42-11 RESOLUTION AMENDING THE PARAMETERS FOR THE USE OF THE GENERAL FUND EMERGENCY RESERVE 06-28-11 43-11 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-28-11 44-11 RESOLUTION DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 06-28-11 RESOLUTIONS 2011 NO. TITLE ADOPTED 32-11 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE 33-11 34-11 11 35-11 36-11 RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC PEDESTRIAN PURPOSES ALONG THE EAST FRONTAGE OF KENNEDY WAY AT 962 PINEY WAY CLF�I.Y11RIy Yi1i►`/�Ii�7 1��1 `►I!� �7J �I.�l►i3f1I.� 05-10-11 05-10-11 05-10-11 OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS TAX LIENS AGAINST THE PROPERTIES 05-24-11 RESOLUTION APPROVING A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY FOR JOINT PARTICIPATION IN THE CDBG PROGRAM, THE EMERGENCY SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FOR FY 2012/14 05-24-11 37-11 RESOLUTION AUTHORIZING THE HARBOR BUSINESS MANAGER TO U"LEMENT A MONTHLY PAYMENT OPTION FOR EM 3ARCADERO LEASE HOLDERS TO ASSEST WITH CASH FLOW AND TO RETAIN EMBARCADERO BUSINESSES 05-24-11 11 RESOLUTIONS 2011 NO. TITLE ADOPTED 26-11 RESOLUTION APPROVING A ONE-YEAR LICENSE AGREEMENT BETWEEN THE CITY AND LIMO AND COURTNEY LONG, DOING BUSINESS AS SOUTH BAY HOOKERS 04-12-11 27-11 RESOLUTION APPROVING AMENDMENT #6 TO THE LEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W, LOCATED AT 833 EMBARCADERO BETWEEN THE CITY AND VIOLET LEAGE 04-12-11 28-11 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-12-11 29-11 RESOLUTION INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 04-12-11 30-11 RESOLUTION AUTHORIZING THE CITY TO PARTICIPATE IN THE FRANCHISE TAX BOARD'S CITY BUSINESS TAX PROGRAM 04-26-11 31-11 RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR RIGHT-OF-WAY AND PUBLIC UTILITY PURPOSES ALONG THE EAST SIDE OF QUINTANA ROAD AT SOUTH BAY BOULEVARD 05-10-11 31-11 RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR RIGHT-OF-WAY AND PUBLIC UTILITY PURPOSES ALONG THE EAST SIDE OF QUINTANA ROAD AT SOUTH BAY BOULEVARD 05-10-11 E. ® RESOLUTIONS 2011 NO. TITLE ADOPTED 19-11 RESOLUTION IDENTIFYING THE PAYMENT SCHEDULE AND TRACKING OF FUNDS FOR THE SALE OF THE PACIFIC/MARKET STREET PROPERTIES 03-08-11 20-11 RESOLUTION APPROVING THE PARCEL MAP FOR A 2-LOT RESIDENTIAL SUBDIVISION KNOWN AS PM NIB 08-0019 AND ACCEPTING THE ASSOCIATED RIGHT-OF-WAY DEDICATION AND ABANDONMENTS 03-08-11 21-11 RESOLUTION DECLARING THE EXISTENCE OF A LOCAL EMERGENCY IN 2011 03-15-11 ® 22-11 RESOLUTION IN SUPPORT OF THE APPLICATION FOR A TRANSPORTATION PLANNING GRANT 03-22-11 23-11 RESOLUTION AUTHORIZING HINDERLYTER, DE LLAMAS & ASSOCIATES TO RETAIN COUNSEL TO INTERVENE IN THE CASES OF CITY OF BRISBANE, ET AL, V. CALIFORNM STATE BOARD OF EQUALIZATIONAND DOES 1-500, AND TO REPRESENT THE CITY OF MORRO BAY'S INTERESTS IN THESE CASES 03-22-11 24-11 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A VESSEL PUMPOUT INSTALLATION GRANT CONTRACT WITH THE DEPATMENT OF BOATING AND WATERWAYS 04-12-11 25-11 RESOLUTION DECLARING THE INTENTION TO CONTINUE THE PROGRAM AND ASSESSMENTS FOR THE 2011/12 FISCAL YEAR FOR THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT 05-10-11 * ® RESOLUTIONS 2011 NO. TITLE ADOPTED 10-11 RESOLUTION CREATING A DEFERRED MAINTENANCE ACCOUNT TO PROVIDE FUNDING SUPPORT FOR THE MANAGEMENT OF REAL PROPERTY ASSETS 01-25-11 11-11 RESOLUTION ADDING TO AND AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING REGULAR MEETING TIMES AND PLACING ITEMS ON THE AGENDA 01-25-11 12-11 RESOLUTION APPROVING THE 2010 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 2011 02-08-11 13-11 RESOLUTION AUTHORIZING THE 2010/11 MID- YEAR AMENDMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT BUDGETS 02-08-11 14-11 RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY POLICE OFFICERS ASSOCIATION 03-08-11 15-11 RESOLUTION AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS 03-08-11 16-11 RESOLUTION APPROVING SUBMISSION OF PROPOSITION 1B PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT AND SERVICE ENHANCEMENT ACCOUNT GRANT APPLICATION 02-22-11 17-11 RESOLUTION DESIGNATING $500,000 IN PARKING -IN -LIEU FUNDS FOR FORTY (40) PARKING SPACES AT 714 EMBARCADERO 02-22-11 18 11 RESOLUTION RECOGNIZING THE MONTEREY ® CYPRESS AS THE OFFICIAL CITY TREE 02-22-11 ® RESOLUTIONS 2011 NO. TITLE ADOPTED O1-11 RESOLUTION TO REAFFIRM INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND DESIGNATE TRANSACTION OFFICERS 01-11-11 02-11 RESOLUTION DESIGNATING AND AUTHORIZING INVESTMENT TRANSACTION OFFICERS O1-11-11 03-11 RESOLUTION ADOPTING THE CITY'S INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST IDLE FUNDS O1-11-11 04-11 RESOLUTION ESTABLISHING TRANSACTION OFFICERS FOR DOING BUSINESS WITH RABOBANK O1-11-11 ® 05-11 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETHiEMENT SYSTEM AND THE CITY OF MORRO BAY FIREFIGHTERS O1-11-11 06-11 RESOLUTION APPROVING A SUBLEASE AGREEMENT BETWEEN M&M REFRIGERATION AND MORRO BAY OYSTERS FOR A PORTION OF LEASE SITE 144/144W O1-11-11 07-11 RESOLUTION MAKING FINDINGS OF FACT FOR THE CERTIFICATION OF THE MORRO BAY/ CAYUCOS SANITARY DISTRICT WASTEWATER TREATMENT PLANT PROJECT EH2 01-11-11 08-11 RESOLUTION MAKING FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT UPO-307 AND COASTAL DEVELOPMENT PERMIT CPO-339 FOR THE WASTEWATER TREATMENT PLANT PROJECT O1-11-11 0 09-11 VOID 0 RESOLUTION NO. 77-11 APPROVAL OF A THIRTEEN YEAR LEASE AGREEMENT FOR LEASE SITE 144/144W BETWEEN THE CITY OF MORRO BAY AND CHARLES AND SANDRA MARCIEL, DOING BUSINESS AS M&M REFRIGERATION, LOCATED AT 1287 EbSBARCADERO 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 City Tidelands leases and properties; and, WHEREAS, Charles and Sandra Marciel have been the lessees of Lease Site 144/144W for over twenty years and have been tenants in good standing; and, WHEREAS, the Marciels are proposing to complete upgrades to the said property; ® WHEREAS, in accordance with the City's Master Lease Policy the City and lessee have agreed to a new thirteen year lease agreement for Lease Site 144/144W, located at 1287 Embarcadero. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the -attached new Lease Agreement for Lease Site 144/144W is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said Lease Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13`" day of December, 2011 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None s WILLIAM YATES, a r ATTEST: ® RESOLUTION NO.76-11 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 124-128/124W-128W and 113W BETWEEN THE CITY OF MORRO BAY AND SEA ONE SOLUTIONS LLC, LOCATED AT 1215 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 City Tidelands leases and properties; and, WHEREAS, Sea One Solutions LLC is the lessee of said property; and, WHEREAS, Sea One Solutions LLC along with adjacent City Tidelands leaseholders proposed a major waterfront redevelopment project spanning from 1185 through 1215 Embarcadero; and, ® WHEREAS, said redevelopment project was granted a Coastal Development Permit. by the Coastal Commission in 2009; and, WHEREAS, to encourage completion of this major redevelopment project, the City and Sea One Solutions has agreed to the attached Amendment #1 to the Lease Agreement that will extend the timeframe for completion obtaining Precise Plan approval for the waterside improvements from December 31, 2011 until December 31, 2012. The deadline for construction of the waterside improvements remains at July 1, 2014 to coincide with the deadline for completion of waterside improvements on the adjacent lease property to the south. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Amendment 91 to the Lease Agreement for Lease Site 124- 128/124W-128W and I I3W is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said amendment. ® Resolution No. 76-11 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13'b day of December, 2011on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: E W LI YATES, yor ® RESOLUTION NO.75-11 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 110-112/110W-112W AND 20' OF THE EASTERLY PORTION OF LEASE SITE 111.5W BETWEEN THE CITY OF MORRO BAY AND GAFCO INC., LOCATED AT 1185 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 City Tidelands leases and properties; and, WHEREAS, GAFCO Inc. is the lessee of said property; and, WHEREAS, GAFCO Inc. along with adjacent City . Tidelands leaseholders proposed a major waterfront redevelopment project spanning from 1185 through 1215 Embarcadero; and, WHEREAS, said redevelopment project was granted a Coastal Development Permit by the Coastal Commission in 2009; and, WHEREAS, to encourage completion of this major redevelopment project, the City and GAFCO Inc. have agreed to the attached Amendment #1 to the Lease Agreement that will extend the timeframe for completion of improvements from January 1, 2012 until July 1, 2014 to coincide with the deadline for completion of waterside improvements on the adjacent lease property to the north and to further amend the lease to extend the deadline for an option to renew the lease agreement from January 1, 2014 until July 1, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Amendment 41 to the Lease Agreement for Lease Site 110- 112/1 IOW-112W and the 20 easterly feet of 111.5W is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said amendment. E ® Resolution No. 75-11 Page Two PASSED AND ADOPTED bZ the City Council of the City of Morro Bay at a regular meeting thereof held on the 13 day of December, 2011 on the following vote: AYES: Borchard, Johnson,, Smukler, Yates NOES: None ABSENT: None ABSTAIN: Leage ATTEST: .. ED ® RESOLUTION NO.74-11 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO BOATING SAFETY & ENFORCEMENT GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS THE CITY COUNCIL City of Morro Bay, California WHEREAS, City of Morro Bay (City) applied for a grant from the California Department of Boating and Waterways (DBW) under the Boating Safety and Enforcement (BS&E) grant program; and WHEREAS, DBW awarded a grant of $24,000 under the BS&E program for purchase of miscellaneous equipment (2 rescue personal watercraft & trailer); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay is hereby authorized to enter into BS&E contract #11-204-758 with DBW for purchase of miscellaneous equipment (2 rescue personal watercraft & trailer); and ® BE IT FURTHER RESOLVED, that Harbor Operations Manager Eric Endersby is hereby, authorized to act as the City's agent in regard to all aspects of the grant agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of December, 2011 on the following vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None WILLIAM YATES, RESOLUTION NO. 73-11 RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE MORRO BAY FIREFIGHTERS ASSOCIATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has the authority to implement Government Code Section 20636(c)(4), pursuant to Section 20691; and WHEREAS, the City of Morro Bay has a written labor policy or agreement, which specifically provides for the nonnal member contributions to be paid by the employer, and reported as additional compensation; and. WHEREAS, on August 27, 2009, the City Council of the City of Morro Bay adopted Resolution No. 18-09 to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); and WHEREAS, on December 13, 2011, the City Council of the Morro Bay adopted Resolution No. 72-11, implementing the Memorandum of Understanding with the Firefighters Association for ® the period of July 1, 2011 to June 30, 2012; and WHEREAS, the EPMC rate has changed: and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This benefit shall apply to all sworn employees of the Firefighters Association, IAFF Local 3725: 2. This benefit shall consist of paying and reporting 0% EPMC as additional compensation; and 3. The effective date of this Resolution shall be December 24, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to pay and report the value of EPMC for the sworn Firefighters as 0%. ® PASSED AND ADOPTED this 13`s day of December, 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: U ?E RESOLUTION NO. 72-11 ® 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 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 Firefighters Association; and WHEREAS, the meetings between the Morro Bay Firefighters Association and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by Morro Bay Firefighters 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 by the City Council of the City of Morro Bay it hereby approves and adopts, in full, the Memorandum of Understanding for the period July 1, 2011 10 through June 30, 2012, as attached and made a part of this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the City Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this 13`s day of December, 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: 1 ` i �... • :.�. ��'�r. • 11 ® RESOLUTION NO.71-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF MORRO BAY IS ELIGIBLE THE CITY COUNCIL City of Morro Bay, California WHEREAS; Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle), to administer various Grant Programs (grants) in furtherance of the state of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and. WHEREAS, CalRecycle grant application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations ® related to the administration of CalRecycle grants; and WHEREAS, use of the rubberized asphalt material subsidized by this grant is in conformity with the City's Pavement Management Plan adopted by the City Council in June. 2011: and WHEREAS, the City's procurement policy grants preference to products that contain post -consumer waste; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, authorizes the submittal of applications to CalRecycle for all grants for which the City of Morro Bay is eligible; and BE IT FURTHER RESOLVED that the Public Services Director or his designee is hereby authorized and empowered to execute in the name of the City of Morro Bay all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this Resolution. ® Resolution No. 71-11 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of November, 2011 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None 0 RESOLUTION NO. 70-11 APPROVAL OF AMENDMENT #2 TO THE LEASE AGREEMENT FOR LEASE SITE 50-51/50W-51W, LOCATED AT 451 EiMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND REG WHIBLEY THE CITY COUNCIL City of Nlorro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain Tidelands property on the Morro Bay Waterfront described as Lease Site 50-51/50W-51 W: located at 451 Embarcadero: and. WHEREAS; Reg Whibley is the Lessee of said property: and WHEREAS; Mr. Whibley is proposing to add a fire sprinkler system to the dock structure at Lease Site 50-51/50W-51 W: and WHEREAS, the City and Mr. Whibley have agreed to a lease amendment that will extend the term of the lease agreement from September 30. 2021 until June 30, 2025. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California. that Amendment 42 to the lease agreement for Lease Site 50-51/50W-51 W, located at 451 Embarcadero. between the City of Morro Bay and Reg Whibley, 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 thereof held on the 25'h day of October, 2011 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: k, -- j�nn Boucher, Deputy City Clerk 0 AMENDMENT #2 TO THE LEASE AGREEMENT FOR LEASE SITE 50-51/50W-51W This Amendment #2 ("Amendment") to the lease agreement for Lease for Lease Site 50- 51/50W-51 W dated September 30, 1987 by and between the City of Morro Bay, a municipal corporation of the State of California, hereinafter called "City" and Associated Pacific Constructors, Inc., subsequently assigned to Reg Whibley ("Tenant") per Resolution No. 38-04 on May 24, 2004. Whereas, Tenant intends to install a fire sprinkler system on Lease Site 50-51/50W-51W, estimated to cost $15,000; and, Whereas, it is mutually beneficial for City and Tenant to acknowledge the improvement to the Lease Site and benefit of coordinating the term of the lease agreements for Lease Site 50- 51/50W-51 W and the adjacent Lease Site 52/52W; now therefore; Tenant and City shall provide for the amendment of Lease as follows: 1. SECTION 1.01 TERM: The Termination Date shall be amended to read "June 30, 2025". 2. Construction of Improvements Tenant agrees to obtain the required building permit and to complete con structionfinstallation of the fire sprinkler system on the docks located on Lease Site 50-51/50W-51 W by September 30, 2012. Failure to complete said construction by September 30, 2012 will void this Amendment. ® All other provisions of the lease shall remain in full force and effect. In witness hereof the parties hereto have executed this Amendment as of the date written above. CITY OF MORRO BAY APPROVED AS TO FORM 011- UZ Robert Schultz, y Attorney ATTEST: J ie Boucher, Deputy City Clerk TENANT — Reg Whibley ® RESOLUTION NO. 69-11 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE MORRO BAY (MISCELLANEOUS EMPLOYEES) THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which the City of Morro Bay may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the City Council of the City of Morro Bay a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20475 (Different Level of Benefits); Section 21353 ® (2% @ 60 Full formula); and Section 20037 (Three -Year Final Compensation) applicable to PERS Miscellaneous Employees entering membership for the first time in this classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby give notice of intention to approve an amendment to the contract between the City of Morro Bay and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11's of October, 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None None ABSENT: ATTEST: ® BRIDGEKESSLRfG, City Cler C u 11 RESOLUTION NO. 68-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ACCEPTING $10b,000 GRANT FROM THE STATE OF CALIFORNIA CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Sections 30061 through 30064 is providing supplemental funds for front line municipal police services after the City adopted its 2011-2012 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 or actual grant funds received; and WHEREAS, the required public hearing has been held. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the expenditure of those funds is hereby authorized 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 thereof held on the 27's day of September 2011, on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: 1� 1 W LLIAM YATES, ay r ® RESOLUTION NO. 67-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ACCEPTANCE OF AN OFFER OF DEDICATION OF PUBLIC PEDESTRIAN EASEMENT FOR SIDEWALK PURPOSES ON ERROL STREET FOR TACO BELL (1700 MAIN STREET) THE CITY COUNCIL City of Morro Bay, California WHEREAS, on Julv 7, 2011 a Regular Coastal Development Permit (CPO-000-343) and on August 29, 2011 a Building Permit (B00-029403) was issued to demolish and reconstruct the Taco Bell restaurant; and WHEREAS, the property located at 1700 Main Street requires an offer of dedication to the City for public pedestrian easement purposes on the north side of Erroll Street; and WHEREAS, the O%vner, the James W. Sampson Family Trust, has made an irrevocable and perpetual offer to dedicate the required 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, California, 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 regular meeting thereof held on the 27th day of September, 2011 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None Law WELLIAM YATES, May ATTEST: ® RESOLUTION NO.66-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SERVICE EMPLOYEES INTERNATIONAL UNION (SEN), LOCAL 620, EMPLOYEES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has the authority to implement Government code Section 20636(c)(4), pursuant to Section 20691; and WHEREAS, the City of Morro Bay has a written labor policy or agreement, which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; and. WHEREAS, on August 27, 2009, the City Council of the City of Morro Bay adopted Resolution No. 17-09 to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); and ® WHEREAS, on September 13, 2011, the City Council of the Morro Bay adopted Resolution No. 65-11, implementing the terms and conditions of employment for the SEN employees for the period of September 13, 2011 to June 30, 2012; and WHEREAS, the employer paid member contribution rate has changed; and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This benefit shall apply to all employees of the SEN, Local 620; 2. This benefit shall consist of paying and reporting EPMC as additional compensation based on the following percentages: a. Existing PERS Miscellaneous employees: 4.40% b. Existing PERS Sworn Safety employees: 6.40% c. Newly -hired PERS Miscellaneous employees: 0.000/0 d. Newly -hired PERS Sworn Safety employees:2.00% 3. The effective date of this Resolution shall be October 1, 2011. u Resolution No. 66-11 Page No. 2 NOW, THEREFORE, BE TT RESOLVED by the City Council ofthe City of Morro Bay to pay and report the value ofEPMC, as set forth above. PASSED AND ADOPTED this 27 h day of September, 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None 0 ATTEST: ...1 0. I !M.11-t El ® RESOLUTION NO. 65-11 RESOLUTION APPROVING THE ADOPTION OF THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620, AND THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Memorandum of Understanding between the City of Morro Bay (City) and the Service Employees International Union (SEIU), Local 620, expired on June 30, 2011; and WHEREAS, the City representatives and representatives of the SEM, Local 620, have been meeting and conferring in accordance with Section 3500 of the California Government Code since February 3, 2011; and. WHEREAS, the City's bargaining representatives submitted the City's Last, Best and Final offer to the SEM, Local 620, on July 21, 2011 ; and WHEREAS, on July 21, 2011, the SEM, Local 620, rejected the City's Last, Best, and Final offer; and ® WHEREAS, on August 26, 2011, the SEM, Local 620, waived the Impasse Meeting with the City Manager, and agreed to proceed to the mediation; and WHEREAS, mediation was unsuccessful, and WHEREAS, the City's bargaining representatives and the City Manager hereby recommend approval and adoption of the City's Last, Best and Final offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The forgoing recitals are true and correct, and incorporated in their entirety herein by reference. 2. Resolution No. 65-11 is approved, thereby adopting the attached terms and conditions of employment for the term of September 13, 2011 through June 30, 2011 for the SEM, Local 620, of the City of Morro Bay. 3. This Resolution shall be effective immediately upon its passage and adoption. u ® Resolution No. 65-11 Page Two PASSED AND ADOPTED this 13'h day of September, 2011, by the following vote: AYES: Borchard, Johnson, Smukler NOES: Leage, Yates ABSENT: None ATTEST: 11 TERMS AND CONDITIONS OF EMPLOYMENT FOR the SERVICE EMPLOYEES INTERNATIONAL UNION OF THE CITY OF MORRO BAY The following terms and conditions of employment shall be in effect from September 13, 2011 through June 30, 2012, for employees represented by the Service Employees International Union; Local 620. The following sections of the expired MOU between the City and Union are modified as follows: ARTICLE 3 — RECOGNITION 3.1 Pursuant to Resolution No. 74-69, the Emplover-Employee Relations Resolution of the City of Morro Bay and applicable state law, Service Employees International Union Local 620 (hereafter "UNION") was designated by the City of Morro Bay (hereafter "CITY") City Council as the exclusive representative of City employees in the Miscellaneous Employees Unit (hereafter "UNIT"). The UNIT is comprised of the following classifications: Account Clerk I Account Clerk II Administrative Technician Administrative Utilities Technician Assistant Planner Associate Planner Building Inspector ®Engineering Technician I Engineering Technician 11 Engineering Technician III Facility Maintenance Worker Harbor Business Coordinator Harbor Patrol Officer Harbor Patrol Officer Supervisor Housing Programs Coordinator Maintenance Leadworker (Facilities, Parks, Streets) Maintenance Worker I (Facilities, Parks, Streets) Maintenance Worker II (Facilities, Parks, Streets) Maintenance Worker III (Facilities, Parks, Streets) Mechanic Office Assistant II Office Assistant III Office Assistant IV Permit Technician Recreation Supervisor - Sports Recreation Supervisor - Youth Wastewater Treatment Plant Operator In -Training Wastewater Treatment Plant Operator I ®Wastewater Treatment Plant Operator II Wastewater Treatment Plant Operator II/Lab Analyst Wastewater Treatment Plant Supervisor Wastewater Collection System Leadworker Wastewater Collection System Operator I ® Wastewater Collection System Operator II Wastewater Collection System Operator III Wastewater Collection System Supervisor Water Distribution System Leadworker Water Distribution System Operator I Water Distribution System Operator 11 Water Distribution System Operator III Water Distribution System Supervisor J Water System Operator I Water System Operator II Water System Operator III Water System Supervisor ARTICLE 8 - RENEGOTIATIONS 8.1 In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other. during the period December 1, 2011 to January 15, 2012, its written request to begin negotiations, as well as its full and entire written proposals amending this agreement. 8.2 The parties agree that, except by mutual agreement, no new subjects may be introduced into the process after the third (3rd) negotiations meeting. 8.3 Upon receipt of such written notice and proposals, negotiations shall begin no later than February 29, 2012. 8.4 The CITY will update the 2011 benchmark salary survey prior to June 30, 2012. City will survey an additional two (2) classifications as selected by UNION. ARTICLE 13 — SICK LEAVE 13.2 Based on individual utilization of paid sick leave in the preceding calendar year, employee may convert unused accumulated sick leave into paid vacation leave once during the following fiscal year, pursuant to the formula below: Maximum Conversion Sick Leave Utilization 0 hours .25 to 8 hours 8.25 to 16 hours 16.25 to 25 hours Over 25 hours Sick LeaveTo Vacation Leave 96 hours 48 hours 72 hours 36 hours 48 hours 24 hours 24 hours 12 hours 0 0 ® At least 160 hours shall remain in employee's sick leave bank after any conversion is authorized. ARTICLE 14 - RETIREMENT BENEFITS is 14.1 For existing UNION employees, the CITY shall contribute five (5) percent for PERS Miscellaneous employees and seven (7) percent for Harbor Patrol Officers of an employees salary on behalf of the employee to the Public Employees Retirement System (hereinafter referred to as PERS). The employees' 2% (Miscellaneous) or 2% (sworn safety) PERS retirement contribution will be adjusted based on a fiscal year equivalent based on the date of implementation. 14.2 For existing UNION employees, the CITY contribution will be the employee's actual PERS obligation to a maximum of five (5) percent for PERS Miscellaneous employees and seven (7) percent for sworn safety employees. 14.3 These amounts paid by the CITY are employee contributions and are paid by the CITY to partially satisfy the existing employee's obligation to contribute to PERS. 14.4 For SEW miscellaneous employees hired on or after the date of the implementation of the PERS Contract Amendment regarding 2-Tier Retirement Formulas and Final Compensation for PERS Miscellaneous Employees, the employee will pay 100% of the PERS employee member contribution. 14.5 For SEW sworn safety employees hired on or after September 17, 2011, the employee will pay 7% of the PERS employee member contribution. is 14.6 An employee has no option to receive the contributed amounts directly instead of having them paid by the CITY to PERS on behalf of the employee. 14.7 UNION 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. 14.8 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. 14.9 Should current tax treatment change, the UNION and the employee shall hold harmless the CITY. its 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. 14.10 Should current tax treatment change, the UNION shall have the opportunity to meet and confer regarding any such changes. 14.11 The CITY agrees to continue providing existing PERS Miscellaneous employees in this unit with the following PERS optional benefits (existing employees promoted to another position within the City will not be considered new hires with respect to retirement formulas): 14.11.1 2.7% at 55 plan ®14.11.2 Sick Leave Credit Option (Section 20965) 14.113 Military Service Credit (Section 21024) 14.11.4 Single Highest Year 14.1 1.5 1959 Survivor Benefit, Level 4 14.11.6 Reporting the Employer Paid Member Contribution (EPMC) as special compensation ® (Section 20691) 14.12 For miscellaneous employees hired on or after the date of the implementation of the PERS Contract Amendment regarding 2-Tier Retirement Formulas and Final Compensation for PERS Miscellaneous employees, the CITY will provide a retirement benefit program through Public Employees Retirement System (PERS) with the following PERS optional benefits: 14.12.1 2% @ 60 plan (21353) 14.12.2 Sick Leave Option (Section 20965) 14.12.3 Final Compensation Average 36 consecutive highest months (20037) 14.12.4 Military Service Credit (21024) 14.12.5 1959 Survivor Benefit 4th Level (21574) 14.13 The CITY agrees to provide existing PERS Safety employees (Harbor Patrol Officers) in this unit with the following PERS optional benefits(existing employees promoted to another position within the City will not be considered new hires with respect to retirement formulas): 14.13.1 Highest Single Year Compensation (Section 20042) 14.13.2 Sick Leave Credit (Section 20965) 14.1 3.3 1959 Survivor Benefit (Section 21580) 14.13.4 3% @ 50 Retirement Formula (Section 21362.2) is14.li.5 3rd Level Survivor Benefit (Section 21573) 14.1 1.6 Military Service Credit (Section 21204) 14.13).7 4 h Level Survivor Benefit (Section 21574) 14.13.8 Reporting the Employer Paid Member Contribution (EPMC) as special compensation (Section 20691) 14.14 For PERS Safety employees (Harbor Patrol Officers) hired on or after September 17, 2011 the CITY will provide a retirement benefit program through Public Employees Retirement System (PERS) the retirement benefits set forth in 14.13 above will be modified and reads as follows. 14.14.1 36 consecutive months final compensation 14.14.2 Sick Leave Credit effective 6-24-89 (Section 20965) 14.14.3 41h Level Survivor Benefit (Section 21574) 14.14.4 1959 Survivor Benefit effective 6-24-89 (Section 21580) 14.14.5 Military Service Credit effective 6-9-98 (Section 21024) 14.14.6 3% @ 55 Retirement Formula 14.14.7 Pre -Retirement Optional Settlement 2 Death Benefit 14.14.8 Reporting the Employer Paid Member Contribution (EPMC) as special compensation (Section 20691) 14.15 If the State Legislature adopts a t-,vo-tier PERS retirement program applicable to unit members; then all unit members employed after the effective date of such PERS 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. ®14.16 For existing employees; effective with the payroll period beginning October 1, 2011, the CITY shall commence reporting the Employer Paid Member Contribution (EPMC) to PERS as special compensation. at a rate of five (5) percent for SEIU Miscellaneous employees and seven (7) percent for SEIU Sworn Safety employees (Harbor Patrol Officers) adjusted by the fiscal year equivalent. 14.17 For PERS Safety employees (Harbor Patrol Officers) hired on or after September 17, 2011 the CITY shall commence reporting the Employer Paid Member Contribution (EPMC) to PERS as special compensation at a rate of two (2) percent. ARTICLE 15 - HEALTH BENEFITS 15.1 HEALTH INSURANCE 15.1.1 Employees of this UNIT shall participate in the PERS medical insurance plans on a cafeteria style basis, with the CITY contributing the PERS minimum (currently S108/month) to the active employee's medical insurance and S1.00/month or the amount required by PERS to retiree medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and retiree. 15.1.2 UNIT employees receive a cafeteria plan contribution (including the amount required by PERS in 15.1.1 above) as follows: Employee only - up to S715/month or cost of insurance, whichever is less Employee + I — up to S947/month or cost of insurance, whichever is less Employee + family r up to S1050/month or cost of insurance, whichever is less 15.1.3 Effective January 1, 2009 cash -back was eliminated except as provided herein. Employees receiving cash -back in December 2008 shall continue to receive the same amount for the term of this agreement except that 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 2010 for calendar year 2010, 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. 15.1.4. Any increases in health insurance will be borne by the employee. 15.2 DENTAL AND VISION INSURANCE: 1 5.2.1 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, 2011. VISION DENTAL LIFE TOTALS ® Employee Only S 8.63 S 37.76 S5.68 S 52.07 Employee+1 S17.26 5106.39 S5.68 S129.33 ® Employee+2 S22.29 5106.39 55.68 S134.36 Employee will be responsible for the following monthly amounts for dental/life and vision beginning with the pay period including January 1, 201 1: Employee Only 52.32 Employee + 1 57.75 Employee + 2 S8.22 CITY will pay the remaining premium for dental/life and vision. 15.33 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. ARTICLE 18 — WAGES AND INCENTIVES 18.1 Salaries shall remain unchanged for the term of this agreement. Maintenance of Benefits. Except as modified herein, the City agrees to maintain all terms and conditions set forth in the Memorandum of Understanding between the City of Morro Bay and SEW Local 620, which expired June 30, 2011. E ® RESOLUTION NO. 64-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING A SUBLEASE ON A PORTION OF LEASE SITE 110-112/110W-112W AND 111.5W, LOCATED ADJACENT TO 1185 EMBARCADERO, BETWEEN GREAT AMERICAN FISH COMPANY, INC. AND VIRG'S LANDING, INC. 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 110-112/1 IOW-112W and a portion of 111.5W; and WHEREAS, Great American Fish Company, Inc. is the lessee of said property; and, WHEREAS, Great American Fish Company, Inc. has requested approval of a sublease agreement with Virg's Landing, Inc. for a portion of Lease Site 110-112/1 IOW-112W and a portion of 111.5W; and WHEREAS, the lessees have completed the application form, paid the sublease application fee and provided background information on the proposed sublessee. The Consent to Sublease agreement has been executed by Great American Fish Company, Inc. and Virg's ® Landing, Inc., and a copy of the sublease agreement has been provided to the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that approval of a sublease agreement with Virg's Landing, Inc. for a portion of Lease Site 110-112/110W-112W and a portion of 111.5W 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 thereof held on the 13's day of September, 2011 on the following vote: AYES: Borchard, Johnson, Smukler, Yates NOES: None ABSENT: None ABSTAIN: Leage ATTEST: BRIDGET CESSL"CityCler ® CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered into this day of , by and between G C4 a6 s 1_e. hereinafter referred to as TENANT, and r o M w .ram S dba, J,r `s `A�aw c- hereinafter referred to as SUBTENANT and approved by the City of Morro ay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on 5�--ca z=,,�`and; WHEREAS, TENANT desires to sublease a portion of the premises to SUBTENANT, and: WHEREAS, the Master Lease requires CITY consent of any sublease in the following form of agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay to City all of the sums required of TENANT and any sums due by reason of SUBTENANT's activities under the terms of the Master Lease dated S"tc,�-sti \z, 2­hereinafter ® known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due to CITY. 2. SUBTENANT acknowledges receipt of a complete copy of the Master Lease and all amendments thereto and specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, as it pertains to the portion of the site they are leasing, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease, as it pertains to the portion of the site they are leasing, shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting ® from SUBTENANT's failure to comply with the terms of the Master Lease. Page 1 of C r L ETI 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 attorney's 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. SUBTENANT: C E h , A r EJL. C.\ .rJ 'F , S H ('a , P ` ^ 1. Sni t 6 --\-' 4o- � 1 , r`F CITY OF MORRO BAY: \,, 1I LAN7-v� i c?+v c- S�^J�rG.V Page 3 of ® RESOLUTION NO.63-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO 2011/2012 ABANDONED WATERCRAFT ABATEMENT FUND CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS THE CITY COUNCIL City of Morro Bay, California WHEREAS, City of Morro Bay (City) applied for a grant from the Department of Boating and Waterways (DBW) under the Abandoned Watercraft Abatement Fund (AWAF) program; and WHEREAS, DBW awarded a grant of $7,200 under AWAF to the City for removal of derelict/abandoned vessels and hazards to navigation; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay is hereby authorized to enter into AWAF Contract #11-214-502 in the amount of $7,200 for removal of derelict/abandoned vessels and hazards to navigation. ® BE IT FURTHER RESOLVED, that Harbor Operations Manager Eric Endersby is hereby authorized to act -as the City's agent in regards to all aspects of the grant contract agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of September, 2011 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: BRIDGET KESSL JG, City rk E 1 RESOLUTION NO. 62-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE CITY OF MORRO BAY ADVISORY BOARDS HANDBOOK AND BY-LAWS THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, to ensure that all Advisory Board Members are familiar with and understand the City of Morro Bay's philosophies and policies regarding serving on an Advisory Board, the City of Morro Bay adopted the Advisory Boards Handbook and By -Laws on August 12, 2002; and WHEREAS, the Advisory Boards Handbook and By -Laws for the City of Morro Bay is a composite of the City Council actions, policies, references, and information regarding the City Advisory Boards; WHEREAS, the current By -Laws for each Advisory -Body need to be updated and By - Laws need to be established for the Planning Commission; and WHEREAS, The City Council desires to amend the Advisory Boards Handbook and By - Laws for the City of Morro Bay as set forth in Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby amend the By -Laws of all Advisory Bodies to reflect those that are set forth in Exhibit A and dated August 16, 2011 Advisory Boards Handbook. ,PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 23rd day of August 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None BRIDGET�qKEST��G, RESOLUTION NO. 61-11 ® A RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE BASE YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN INCREASE TO SOLID WASTE COLLECTION RATES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted Resolution 48-01 approving the Garbage, Recycling and Greenwaste Franchise Agreement with Morro Bay Garbage Service (MBGS) for collection services effective January 1, 2002 and setting the initial rates for collection for residential and commercial customers; and WHEREAS, pursuant to Article 8.4, the City will use the guidelines and approach outlined in the City of San Luis Obispo's "Rate Setting Process andMethodologvMamnal for Integrated Solid Waste Management Rates": and WHEREAS, on June 21, 2011, MBGS Controller Tom Martin submitted a base year rate adjustment application in conformance with the franchise agreement and rate setting manual; and WHEREAS, pursuant to the calculations in the rate setting manual, the increase to solid waste rates would be 8.68% for 2011, however, MBGS felt a large increase may not be palatable given the "fragile business climate" and proposed an alternative set of increases that over the next three years that would eventually capture the 8.68% as follows: 1) a rate increase of4.68% for 2011, effective October 1, 2011; 2) add 2% to the Interim Rate Request amount that will be calculated in ® 2012 based on the change in Consumers Price Index; and 3) add 2% to the Interim Rate Request amount that will be calculated in 2013 based on the change in Consumers Price Index; and WHEREAS, the Administrative Services Director has reviewed the rate adjustment application and financial statements and finds them to be fair and materially correct. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay the approval of Morro Bay Garbage Service's Base Year Rate Adjustment Application to increase the solid waste collection rates by 4.68%, effective October 1, 2011, as outlined in Exhibit A. BE IT FURTHER RESOLVED, by the City Council of the City of Morro Bay the approval of adding 2% to each of the Interim Rate Requests that will be submitted in 2b 12 and 2013. PASSED AND ADOPTED by the Citv Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of August 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smulder, NOES: None ABSENT: None ATTEST: ® BRIDGEIJ KE SLiN ; City Cie - 'V +- Exhibit A Morro Bay Garbage EFFECTIVE DATE: October 1, 2011 SERVICE DESCRIPTION PICK UPS PER WEEK CURRENT RATE EFFECTIVE 07/01 /08 APPROVED RATE ADJUSTMENT % NEW MONTHLY RATE EFFECTIVE 10101 /11 SINGLE FAMILY AND MULTI -UNIT RESIDENTIAL (4 UNITS OR LESS) Price per month for specified waste -wheeler container collected once each week. Greenwaste and recycling service is included at no additional charge. MINI -CAN SERVICE One 19 gallon waste wheeler container 1 $8.56 4.68% $8.96 ECONOMY RATE One 32 gallon waste wheeler container 1 $13.69 4.68% $14.33 STANDARD RATE One 64 gallon waste wheeler container 1 $27.38 4.68% $28.66 PREMIUM RATE One 96 gallon waste wheeler container 1 $41.07 4.68% $42.99 PREMIUM PLUS RATE One 96 gallon waste wheeler at the premium rate plus an additional charge of: One 32 gallon waste wheeler container 1 $10.83 4.68% $11.34 One 64 gallon waste wheeler container 1 $21.67 4.68% $22.68 One 96 gallon waste wheeler container 1 $32.51 4.68% $34.03 10 SERVICE AWAY FROM THE STREET CURB Additional per month per can or container charge $7.46 4.68% 57.81 EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (Phone call required) Per garbage can or equivalent volume. (Over 6 cans by quotation) S6.83 4.68% S7.15 Overfilled waste wheeler $6.83 4.68% $7.15 Extra recycling $3.42 4.68% $3.58 Extra greenwaste $3.42 4.68% $3.58 months $24.89 4.68% $26.05 Per white good article/ appliance. (Once a month only) $43.55 4.68% $45.59 Per mattress or boxspring. $12.45 4.68%1 $13.03 Polystyrene (Styrofoam, Plastic #6) is no longer collected for recycling and should be thrown away as trash. Greenwaste is recycled in a special green waste wheeler and is picked up once a week at no additional charge. Recycling and greenwaste containers should be placed near/next to your garbage bin for collection. COMMERCIAL WASTE WHEELERS SERVICE PER MONTH One 32 Gallon Waste Wheeler 1 $28.27 4.68% $29.59 One 32 Gallon Waste Wheeler 2 $55.19 4.68% $57.77 One 32 Gallon Waste Wheeler 3 $72.18 4.68% $75.56 One 32 Gallon Waste Wheeler 4 $89.19 4.68% $93.36 One 32 Gallon Waste Wheeler 5 $116.11 4.68% $121.54 One 32 Gallon Waste Wheeler 6 $143.03 4.68% $149.72 One 32 Gallon Waste Wheeler 7 $170.47 4.68% $178.45 Exhibit A Morro Bay Garbage EFFECTIVE DATE: October 1, 2011 SERVICE DESCRIPTION PICK UPS PER WEEK CURRENT RATE EFFECTIVE APPROVED RATE ADJUSTMENT % NEW MONTHLY RATE EFFECTIVE One 64 Gallon Waste Wheeler 1 $41.03 4.68% $42.95 One 64 Gallon Waste Wheeler 2 $72.18 4.68% $75.56 One 64 Gallon Waste Wheeler 3 $104.78 4.68% $109.68 One 64 Gallon Waste Wheeler 4 $141.59 4.68% S148.22 One 64 Gallon Waste Wheeler 5 $177.02 4.68% $185.30 One 64 Gallon Waste Wheeler 6 $206.76 4.68% 5216.44 One 64 Gallon Waste Wheeler 7 $243.51 4.68% $254.91 One 96 Gallon Waste Wheeler 1 $55.19 4.68% $57.77 One 96 Gallon Waste Wheeler 2 $96.25 4.68% $100.75 One 96 Gallon Waste Wheeler 3 $141.59 4.68% $148.22 One 96 Gallon Waste Wheeler 4 5188.35 4.68% 5197.16 One 96 Gallon Waste Wheeler 5 $229.43 4.68% $240.17 One 96 Gallon Waste Wheeler 6 5280.41 4.68% 5293.53 One 96 Gallon Waste Wheeler 7 $338.35 4.68% S354.18 COMMERCIAL DUMPSTER CONTAINER SERVICE - In cubic yards 1 Yd Dumpster 1 $69.62 4.68% $72.88 1 Yd Dumpster 2 $107.87 4.68% $112.92 1 Yd Dumpster 3 $139.02 4.68% $145.53 1 Yd Dumpster 4 $174.44 4.68% $182.60 1 Yd Dumpster 5 $201.37 4.68% $210.79 1 Yd Dumpster 6 $250.93 4.68% $262.67 1 Yd Dumpster 7 $379.11 4.68% $396.85 1.5 Yd Dumpster 1 $85.19 4.68% $89.18 1.5 Yd Dumpster 2 $140.46 4.68% S147.03 1.5 Yd Dumpster 3 $188.63 4.68% 5197.46 1.5 Yd Dumpster 4 $239.63 4.68% S250.84 1.5 Yd Dumpster 5 $287.79 4.68% 5301.26 1.5 Yd Dumpster 6 $343.04 4.68% 5359.09 1.5 Yd Dumpster 7 $503.24 4.68% 5526.79 2 Yd Dumpster 1 $102.21 4.68% 5106.99 2 Yd Dumpster 2 $178.69 4.68% 5187.05 2 Yd Dumpster 3 $239.63 4.68% 5250.84 2 Yd Dumpster 4 $304.78 4.68% $319.04 2 Yd Dumpster 5 $372.78 4.68% $390.23 2 Yd Dumpster 6 $440.77 4.68% $461.40 2 Yd Dumpster 7 $633.01 4.68% $662.63 3 Yd Dumpster 1 $131.97 4.68% $138.15 3 Yd Dumpster 2 $239.63 4.68% $250.84 3 Yd Dumpster 3 $337.37 4.68% $353.16 3 Yd Dumpster 4 $428.02 4.68% $448.05 3 Yd Dumpster 1 5 $554.11 1 4.68%1 $580.04 3 Yd Dumpster 1 6 $639.09 1 4.68%1 $669.00 3 Yd Dumpster1 7 1 $863.39 1 4.68%1 $903.80 Exhibit A Morro Bay Garbage EFFECTIVE DATE: October 1, 2011 SERVICE DESCRIPTION so PICK UPS PER WEEK CURRENT RATE EFFECTIVE APPROVED RATE ADJUSTMENT % NEW MONTHLY RATE EFFECTIVE 4 Yd Dumpster 1 $174.44 4.68% $182.60 4 Yd Dumpster 2 $324.61 4.68% $339.80 4 Yd Dumpster 3 $450.68 4.68% S471.77 4 Yd Dumpster 4 $602.28 4.68% 5630.47 4 Yd Dumpster 5 5753.84 4.68% 5789.12 4 Yd Dumpster 6 $853.00 4.68% 5892.92 4 Yd Dumpster 7 S1,109.33 4.68% 51,161.25 Sunday Service ` $52.69 4.68% S55.16 The rates shown above include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. (Bins and garwoods are types of containers) UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS & MULTI -UNIT 1 CUBIC YARD $17.94 4.68%1 $18.78 1.5 CUBIC YARDS $26.93 4.68% 528.19 2 CUBIC YARDS $35.90 4.68% $37.58 3 CUBIC YARDS 553.83 4.68% $56.35 4 CUBIC YARDS $71.77 4.68% $75.13 CYCLING SERVICES DBOARD & COMMINGLED RECYCLING COLLECTION OF COMMERCIAL DUMPSTER CONTAINERS All commercial customers pay 53.00 per month for commercial recycling services. This charge includes all recycling services except collection of cardboard in excess of 2 yards once a week. This base charge has already been added to the rates above, for 1 Yd Dumpster 1 INCLUDED* INCLUDED* 1 Yd Dumpster 2 $28.22 4.68% $29.54 1 Yd Dumpster 3 $36.37 4.68% $38.07 1 Yd Dumpster 4 $45.62 4.68% $47.76 1 Yd Dumpster 5 $52.67 4.68% $55.13 1 Yd Dumpster 6 $65.63 4.68% $68.70 1 Yd Dumpster 7 $99.16 4.68% $103.80 1.5 Yd Dumpster 1 INCLUDED* INCLUDED* 1.5 Yd Dumpster 2 $36.74 4.68% $38.46 1.5 Yd Dumpster 3 $49.34 4.68% $51.65 1.5 Yd Dumpster 4 $62.68 4.68% $65.61 1.5 Yd Dumpster 5 $75.27 4.68% $78.79 1.5 Yd Dumpster 6 589.72 4.68% 593.92 1.5 Yd Dumpster 7 $131.62 4.68% $137.78 2 Yd Dumpster 1 INCLUDED* INCLUDED* 2 Yd Dumpster 2 $46.73 4.68% $48.92 2 Yd Dumpster 3 $62.68 4.68% $65.61 2 Yd Dumpster 4 $79.72 4.68% $83.45 2 Yd Dumpster 5 $97.51 4.68% 5102.07 2 Yd Dumpster 6 5115.28 4.68%1 5120.68 2 Yd Dumpster 1 7 1 5165.56 1 4.68%1 5173.31 Exhibit A Morro Bay Garbage EFFECTIVE DATE: October 1, 2011 SERVICE DESCRIPTION PICK UPS PER WEEK CURRENT RATE EFFECTIVE APPROVED RATE ADJUSTMENT % NEW MONTHLY RATE EFFECTIVE 3 Yd Dumpster 1 INCLUDED' INCLUDED' 3 Yd Dumpster 2 $62.68 4.68% $65.61 3 Yd Dumpster 3 $88.24 4.68% $92.37 3 Yd Dumpster 4 $111.95 4.68% $117.19 3 Yd Dumpster 5 $144.93 4.68% $151.71 3 Yd Dumpster 6 $167.15 4.68% $174.97 3 Yd Dumpster 7 $225.82 4.68% $236.39 4 Yd Dumpster 1 INCLUDED' INCLUDED' 4 Yd Dumpster 2 $84.90 4.68% $88.87 4 Yd Dumpster 3 $117.88 4.68% $123.40 4 Yd Dumpster 4 $157.53 4.68% S164.90 4 Yd Dumpster 5 $197.17 4.68% $206.40 4 Yd Dumpster 6 $223.10 4.68% 5233.54 4 Yd Dumpster 7 $290.14 4.68% $303.72 In -office weekly collections of white and colored paper. 51.25 4.68% $53.65 The rates shown above include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. (Bins and garwoods are types of containers used for recycling) All commercial customers are eligible for standard waste wheeler recycling and greenwaste services at no additional charge. Commercial customers can choose from a 32, 64, or 96 gallon blue waste wheeler for commingled recycling. hite office paper can be commingled with the other recyclables in the blue waste wheeler. styrene (Styrofoam, Plastic #6) is no longer collected for recycling and should be thrown away as trash. Greenwaste is recycled in a special green waste wheeler and is picked up once a week at no additional charge. Late Fees are imposed for residential customers over 60 days delinquent and commercial customers over 30 days delinquent. The fee is 1.5% per month of the outstanding charge, with a minimum fee of $5.00. No prior notice is required, as this late fee policy is stated at the bottom of every bill. ® RESOLUTION NO. 60-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING THE THE CITY OF MORRO BAY TRAVEL POLICY THE CITY COUNCIL City of Morro Bay, California WHEREAS, on August 22, 1994, the Morro Bay City Council adopted Resolution No. 74-94, which established the parameters of the City's Travel Policy; and WHEREAS, changes over time, both legal and social, have transpired, requiring updates to that Policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that: 1. Resolution No. 74-94 is rescinded; and 2. The City of Morro Bay Travel Policy is adopted, as written and including all changes made at this meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular ® meeting thereof held on the 23 d day of August 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: El WILLIAM YATES, 1FR I. GENERAL A. PURPOSE CITY OF MORRO BAY TRAVEL POLICY This policy applies to all City of Morro Bay employees (Travelers', and is intended to establish uniform procedures by which Travelers shall report and be reimbursed for expenses incurred in connection with authorized travel on behalf of the City. This policy provides for economical and efficient travel in order to derive the greatest benefit from the trip at the most effective cost. It does not allow Travelers to be financially enriched as a result of travel nor be required to utilize their own funds as a result of City travel. Travelers are responsible for exercising good judgment in requesting, arranging and fulfilling ® a travel request to mitigate costs to the City. B. GENERAL PROVISIONS 1. Travel will be authorized only when necessary, and in the best interests of the City. 2. All travel is subject to the availability of funds for travel. 3. The City will pay for the costs incurred by Travelers, subject to review. Additional costs associated with companions are the responsibility of Travelers. 4. Department Directors are responsible for making the determination that the travel is necessary and that the benefit for which the travel is requested cannot be achieved through the Internet, telephone or other means so as to eliminate the necessity for travel, while still accomplishing the benefit to the City. 5. All travel is to be authorized in advance of the date of travel by the Department Director, and further authorized by the City Manager, as required by this policy. 6. The most economical means of transportation will be used, unless unusual circumstances require more costly alternatives. City -owned vehicles are to be used unless one is not available. Travelers should check with all departments for available City vehicles before using their own. Travelers should car pool, whenever possible, with other Travelers. 7. If Travelers choose to use their personal vehicles when City vehicles are available, that use must be approved by the Department Head (see Travel Return Expense Report form). 8. The lesser of actual gasoline costs (receipts required) or the IRS mileage reimbursement rate will be paid (for the current reimbursement rate, visit 1 www.irs.aov, and search for mileage 20XX). If City vehicles are not available and ® the travel is still deemed necessary, the IRS mileage rate or gasoline costs will be paid, whichever Travelers choose. Department Directors, who have assigned vehicles or receive a car allowance, are discussed in Section II-C-4. 9. Any discounts should be taken advantage of as possible. 10.For travel that requires an overnight stay, .reimbursement will be for actual, reasonable and necessary expenses incurred while on City business as defined below: a. Travelers will be provided with a daily allowance based on the current Internal Revenue Service (IRS) guidelines at http://www.irs.gov/pub/irs-pdflpl542.pdf. Daily allowances are based on travel destination. b. Receipts are required to substantiate spending: 1.) Funds paid in excess of the daily allowance may be reimbursed to Travelers, if such spending is approved. 2.) Any unused daily allowance is to be returned to the City. c. Travelers are encouraged to use City credit cards. 11. For travel without an overnight stay, no reimbursement is provided for meals per IRS regulations unless Travelers attend breakfast, lunch or dinner meetings; include the name of the organization/group, participants in the meeting and purpose on the receipt (e.g., CSMFO, Susan Slayton, monthly lunch meeting). 12.It is the responsibility of Travelers to pay for any alcoholic beverages consumed, entertainment expenses and/or any personal automobile expenses including ® repairs, traffic citations, and insurance. 13.The City will not be responsible for any personal losses while Travelers are traveling on City business. 14.Out-of-state travel (lodging or meeting place) or means of transportation other than automobile, as identified in Section II-C-5, for any Travelers requires the prior approval of the City Manager, unless otherwise provided by law. 15.If travel receipts are not 'provided, Travelers may not be reimbursed for the amount spent, and may be required to reimburse the City for unsubstantiated charges to a City credit card. 16.If a hotel charges for Internet service, the charge will be reviewed to determine the business -purpose use, which may be reimbursable. II. SPECIFIC EXPENSES A. LODGING 1. Lodging expenses consist of those charges for overnight sleeping or dwelling accommodations for Travelers only as required while traveling on City business. Any additional costs associated with travel companions are to be paid for by the Travelers. 2. Lodging is an allowable expense for the evening preceding, and subsequent to, a meeting or business event with Department Director approval. ® 3. Travelers are to request the least expensive rate when making reservations, or registering, at a hotel/motel. 4. Lodging amounts: 2 a. Must be pre -approved by the Department Director unless emergency ® circumstances exist; b. Must be supported by a valid hotel/motel receipt that is attached to the Travel Return Expense Report; and c. Will be reimbursed at the single occupancy rate only. If Travelers are traveling with a companion, Travelers are responsible for the portion of the room rate that is in excess of the single occupancy rate. 6. Same sex Travelers are encouraged, but not required, to share a room where possible. B. MEALS 1. Meal expenses shall be those charges for food and non-alcoholic beverages actually purchased and consumed by Travelers while on official City business. 2. Meal expenses incurred will be reimbursed on an actual cost basis, not to exceed the amount of daily allowance identified by the current IRS guidelines (see http://www.irs.ciov/pub/irs-Ddf/p1542.pdf). If the cost of Travelers' daily meals exceeds the IRS daily allowance, Travelers will be responsible for reimbursing the City for the difference. 3. Meal daily allowance will be provided based on the current IRS guidelines. 4. Meal daily allowance is not allocated to a specific meal; therefore, the entire amount may be used for breakfast, lunch or dinner, as Travelers desire, and in accordance with B-1 definition of meal expenses. 5. Any unspent daily allowance is to be returned to the City along with the Travel Return Expense Report. 6. A maximum 15% gratuity may be included on meal expenditures; however, the traveler must not exceed the total meals daily allowance allotment. 7. Daily meal allowance will be prorated on days traveling to and from the destination as follows: Breakfast 20% Lunch 30% Dinner 50% These amounts are subject to the same conditions contained in BI — B6. C. TRANSPORTATION 1. When available, City -owned vehicles are to be used for all land travel. Travel by a Department Director is discussed under Section II-C-3. 2. Non -employees, accompanying Travelers for personal reasons (such as spouses, children, relatives), are not permitted to ride in a City -owned vehicle, unless exempted through a MOU or employment contract. Actual cost of fuel will be reimbursed with receipts; IRS mileage rate reimbursement does not apply. 3. Personal vehicles may be used, with approval. The lesser of gasoline expenditures (receipts required) or mileage will be reimbursed, if it is the Travelers' choice to use their personal vehicle. In the event that a City -owned vehicle is not available and the travel is still required, Travelers may receive either the mileage ® reimbursement at the current IRS rate or cost of fuel for using their personal vehicle. 3 4. Use of personal vehicles for City travel requires Department Director and/or City Manager approval with the exception of Department Directors as discussed below: ® a.) Department Directors, who are paid a car allowance, are to use their personal vehicles for all travel within the San Luis Obispo County. No mileage or gasoline reimbursement will be paid for travel within the County. b.) Department Directors may choose to use their personal vehicles for travel outside San Luis Obispo County and will be paid the lesser of gasoline expenditures or mileage. Mileage reimbursement will calculated from the point -of -exit from San Luis Obispo County to the destination and from the destination to the point -of -entry into San Luis Obispo County. 4. Department Directors, who are provided with a City vehicle, will use that vehicle for travel, and be reimbursed for self -paid gasoline expenses only. Receipts must be provided. 5. Airline, private aircraft, train, and watercraft modes -of -transportation require City Manager approval. Expenditures may be reimbursed as substantiated by receipts. 6. Travelers are to avail themselves of existing hotel/motel van, taxi, or local mass transit services. Taxis and other local transportation may be employed as transportation to and from the airport, the hotel/motel and conference location. Taxi and other local transportation may be used for travel to restaurants as associated with the business purpose for the travel. Receipts must be provided for reimbursement. A maximum of 15% gratuity may be reimbursed. 7. Automobile rentals are to be approved by the Department Director only if other transportation methods are not available (e.g., hotel/motel van, taxi or local mass ® transit services). 8. Parking fees at the hotel/motel should be charged as part of the hotel/motel bill or will be reimbursed with a receipt. Conference center parking fees will be reimbursed with a receipt. No valet parking will be reimbursed unless it is the only option for parking. 9. Tolls paid will be reviewed and may be reimbursed. D. OTHER BUSINESS EXPENSES 1. Business expenses are all expenses as a result of travel other than transportation, lodging and meals. Receipts must be provided for reimbursement. 2. Travelers will be reimbursed for actual and necessary business expenses, provided that such expenses are directly related to the purpose of travel. Business expenses shall not include the cost of discretionary items intended for the personal benefit or pleasure of Travelers, such as magazine/book purchases, movies rentals, etc. Business expenses normally include, but are not limited to, expenditures for the following: a.) Conference registration fees, if not paid with a separate claim; b.) Telephone or Internet charges for official business - Internet charges will be reviewed to determine the business -purpose use, which may be reimbursable; ® c.) If an overnight stay is required, a personal call may be made from the hotel to notify the Travelers' families of their safe arrival. Telephone calls should 0 be limited to no more than five (5) minutes. Subsequent calls are subject to review and may not be reimbursed. ® d.) Laundry/cleaning services as a result of Travelers being on travel status for more than seven (7) consecutive days. Receipts are required e.) Reasonable gratuities (tips) to baggage handlers, porters and other service personnel will be reviewed and may be reimbursed. Gratuities for meal service should be included in the cost of meals claimed and should not exceed fifteen percent (15%) of the total bill. III. REIMBURSEMENT CLAIMS, CREDIT CARDS, RESERVATION OR REGISTRATION AND EXPENSE ADVANCES A. REIMBURSEMENT CLAIM 1. Claims for reimbursement of authorized travel expenses must be submitted on an approved City Travel Return Expense Report form. 2. All claims must be turned in for settlement within fifteen (15) days of the Travelers' return. 3. All claims must be signed by the traveling individual and approved by the Department Director and/or City Manager, as required by this policy. 4. Claims shall include: a.) Name of Traveler; b.) Name of conference, training, seminar, etc.; ® c.) Location of travel; d.) Dates of travel; e.) General ledger account number(s) to which travel expenses are to be charged; f.) Expense identification, such as seminar, meals, airfare, etc.; g.) Dollar amounts associated to all expenses, including charges on credit card; h.) Additional information as requested on the Travel Return Expense Report form. 5. Receipts for all expenses are to be attached, including copies of receipts paid for with the City credit card. If receipts are missing, Travelers shall write an explanation of the expense and reason for lack of receipts. Missing receipts are subject to review and may not be reimbursed. B. CREDIT CARDS 1. Use of the City credit card is encouraged. 2. Travelers, who do not possess a City -issued credit card, should request a travel advance. Credit cards cannot be borrowed/loaned under any circumstances. 3. Detailed receipts must be provided. 4. Travelers are to pay for expenses that are personal, or amounts deemed not is reimbursable, with the submittal of the Travel Return Expense Report form. 5 C. RESERVATION/REGISTRATION AND EXPENSE ADVANCE ® 1. Reservation/Registration a.) Reservation and registration fees are a component of budgeted travel. Funds for travel are limited; therefore it is important to remain within the original cost estimate of the scheduled travel. b.) Travelers' Department Director(s) must approve registration fees for additional courses that were not a part of the original travel request. Unauthorized registration expenses may not be reimbursed. c.) Reservation and registration fees should be paid in advance to take advantage of any discounts (e.g., early registration). " d.) Reservation and registration fees may be paid with either a City credit card or accounts payable check. e.) If Travelers are not able to pay in advance, a credit card may be used to pay for travel costs onsite. f.) Any costs paid for by Travelers as part of the approved travel may be reimbursed, subject to approval; receipts must be provided to request reimbursement. 2. Expense Advance a.) For travel with an overnight stay: 1.) Travelers may request a travel advance for meals daily allowance, ® classes, hotel stays or other travel -related expenses. 2.) Travelers, authorized to use their personal vehicles, may request a travel advance for estimated gasoline costs or mileage, whichever is least expensive. b.) For travel without an overnight stay, Travelers, authorized to use their personal vehicles, may request a travel advance for the lesser of estimated gasoline costs or mileage. c.) An expense advance must be requested prior to the scheduled travel so that a check may be prepared through the normal accounts payable process. Late requests may not be accommodated. Requests should be made up to 3 weeks in advance of travel. 1 ,r, RESOLUTION NO. 59-11 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING REVISIONS TO THE MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council finds that fees and charges for City services are annually in need of review for possible updating to reflect changes in the cost of providing those services; and WHEREAS, the California Constitution, in Article 13B Government Spending Limitation Section 8(c), states that proceeds in excess of user charges and user fees that exceed the costs reasonably home by the City in providing the regulation, product or service are considered proceeds from taxes that are subject to the annual appropriation limit; and WHEREAS, the City has reviewed these fees, and finds that they do not exceed the actual costs of providing related services; and WHEREAS, the City's Municipal Code Section 3.34.020 provides for the annual review of the Master Fee Schedule and revision; and WHEREAS, on August 11, 2008, the City Council adopted Resolution No. 49-08, which stated that "the Master Fee Schedule will be brought back in its entirety for review annually." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Master Fee Schedule be revised, and published, as amended. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 23 a day of August 2011, by the following vote: AYES: Borchard, Johnson, Smukler NOES: Leage, Yates ABSENT: None ATTEST: 0 RESOLUTION NO.58-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIP PROGRAM THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the California Department of Housing and Community Development ("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 in Title 25 of the California Code of Regulations commencing with section 8200; and WHEREAS, on June 1, 2011, the Department issued a 2011 Notice of Funding Availability (NOFA) announcing the availability of funds under the HOME program; and WHEREAS, Pacific South West Community Development Corporation approached the City for support of a HOME grant of up to five million, one hundred thousand dollars ($5,100,000) for the 21 unit multi -family housing project located at 555 Main Street, which are to be deed restricted for senior affordable to low and very low income residents; and WHEREAS, in response to the 2011 NOFA, the City of Morro Bay, a municipal corporation, (the "Applicant") wishes to apply to the Department for, and receive allocation of, HOME funds in support of the 555 Main Street project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay supports the following: 1) In response to the 2011 NOFA, the Applicant shall submit an application to the Department to participate in the HOME program for an allocation of funds not to exceed five million, one hundred thousand dollars ($5,100,000) for the following activities: Construction of a 21 unit multi -family housing deed restricted for senior affordable to low and very low income 40 residents, to be located at 555 Main Street in the City of Morro Bay Resolution No. 58-11 Page 2 of 2 ® 2) 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 its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant may also execute a standard agreement, any amendments hereto, and any and all other documents or instruments necessary or required by the Department or HUD for participating in the HOME program (collectively, "the required documents"). 3) The City Council of the City of Morro Bay authorizes the City Manager or his designee to execute, in the name of the Applicant, the required documents. PASSED,AND ADOPTED by the City Council of the City, of Morro Bay at a regular meeting thereof held on the 9 s day of August 2011 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSTAIN: None ABSENT: None E ATTEST: 1 BRIDGE KIP -SS nt�L G3, City Cl 11 WILLIAM YATES, RESOLUTION NO. 57-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING THE ANNUAL PROPOSITION 4 APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2011/12 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Article XIIIB of the California Constitution restricts the appropriation of tax proceeds that the City receives in any given fiscal year; and WHEREAS, the City has calculated the 2011/12 appropriations limit in accordance with the provisions of Article XIIIB of the California Constitution; and WHEREAS, Proposition I I I 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 2011/12 appropriations limit at $20,329,315. ® PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 9 b day of August 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSTAIN: None ABSENT: None ATTEST: I All • l� IB : El QCO' C- u WILLIAM YATES, u Yni 00 00 o O S W J�O � 000 c .n 000m- -_ Vt NOv1hP m N m N m0 m m QG'L ~�W N C11�V1P P O.N Vf O. p P m i ri p'! m 0 NNm O Vf m m fO W Vl-tONP ^ N m V1 0 vD 0 •D m I I1 F� W m r • . . • • . . . . • S • • • • • • . • • • . p • • • S N N CP N tq P m !OK ¢ V P P m tml m m Sa is W o 0 0 O S �J m m m r0,1 OZ I . . . • ^ . .p P 6 Q • . . . . . . . . . . . p r p pp 2 06 Cd N N N W d O O O N N N F Q N N N • ' O O V1 N V1 Y W_ 6 J az o o S .. ........ r 0 0 - 0 Q Vf M J M M m 3 = P = P = P r , r . . . p . . OS 00 SJ . p . • . . . . . r pp pp 8 O `CS 265 O O • • . . • • • . . Vf V1 V1 N N N N Q J • • S • • • • S • • • S O • . • • • • . • • . S • • p S pvf p p O V1 N Np .tl O S S r . r r . . . . . . . . . . • . . , r S O S N S h S N S S N O S Vi S N p .OP .O V' • • • • • • • • pp • p0 • p0 n SS S lli Ovpi 1pN N N ph T Op1PPn P m SrOfP.^ 6 m ; �„� .O t0 N NPmm N h 1� ^ V m m m c n o ® A o 0 a c �q o n It . LL V om$ c`r99v o c Qu tin lio c'. 1�v�w=z ct5 DO JCL J I uo W a g n o c q me m o o € Es L o tl�ii 0 li0€�vi�E�-s�mt a F a` O �K 7 LL VO F ATTACHMENT A El CITY OF MORRO BAY APPROPRIATION LIMIT DOCUMENTATION FISCAL YEAR 2011/12 PROCEEDS OF TAXES CALCULATION [1) PROCEEDS TOTAL PROCEEDS OTHER THAN ESTIMATED OF TAXES TAXES REVENUES PROPERTY TAXES $ 3,757,177 $ $ 3,757,177 OTHER TAXES 4,383,000 527,000 4,910,000 PERMITS 334,155 334,155 REVENUE FROM AGENCIES STATE 783,191 783,191 STATE/COUNTY GRANTS - - - FEDERAL GRANTS - 84,563 84,563 USE OF MONEY & PROPERTY INTEREST 21,886 33,614 55,500 RENT 219,000 219,000 FINES & FORFIETURES 65,500 65,500 CHARGES FOR SERVICES 11,875,735 11,875,735 OTHER REVENUES 599,415 599,415 $ 8,945,254 $ 13,738,982 $ 22,684,236 APPROPRIATION LIMIT CALCULATION [2) [3) CALIFORNIA POPULATION YEAR PCPI CHANGE CHANGE LIMIT 1978-79 BASE YEAR $ 3,046,393 1979-80 10.17% 1.380/6 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 2.30% 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% 2.06% 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 2008-09 4.29% 1.12% 19,634,110 2009-10 0.62% 1.01% 19,955,375 2010-11 -2.54% 0.87% 19,617,710 2011-12 2.51% 1.09% 20,329,315 PROCEEDS OF TAXES 8,945.254 PROCEEDS OF TAXES UNDER APPROPRIATION LIMIT $ 11,384,061 [1) Per City of Morro Bay 2011/12 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 B Fiscal Year 2011-2012 E May 2011 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 2011-2012 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) bver prior year 2011-2012 2.51 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2011-2012 appropriation limit. 2011-2012: Per Capita Cost of Living Change = 2.51 percent Population Change = 0.77 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2011-2012: 2.51 + 100 = 1.0251 100 0.77 + 100 = 1.0077 100 1.0251 x 1.0077 = 1.0330 ATTACHMENT C Fiscal Year 2011-2012 r] U1 0 Enclosure II Annual Percent Change in Population Minus Exclusions January 1, 2010 to January 1, 2011 and Total Population, January 1, 2011 Total County Percent Change — Population Minus Exclusions — Population city 2010-2011 1-1-10 1-1-11 1-1-2011 San Luis Obispo Arroyo Grande 0.71 17,243 17,365 17,365 Atascadero 0.80 27,234 27,451 28,662 El Paso De Robles 0.88 29,759 30,022 30,022 Grover Beach 0.81 13,138 13,244 13,244 Morro Bay 1.09 10,218 10,329 10,329 Pismo Beach 0.78 7,648 7,708 7,708 San Luis Obispo 0.76 45,074 45,418 45,418 Unincorporated 0.85 111,476 112,429 118,218 County Total 0.83 261,790 263,966 270,966 (') Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. ATTACHMENT D ® RESOLUTION NO. 56-11 A RESOLUTION ADOPTING AN AGREEMENT ON THE COMPENSATION AND WORKING CONDITIONS FOR THE CONFIDENTIAL EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, representatives of the City of Morro Bay (CITY) and representatives of the Confidential Group met and discussed the terms and conditions of employment, through the meet and confer process; and WHEREAS, meetings between the Confidential Group and the CITY have resulted in a mutual agreement and understanding; and WHEREAS, the employees represented by the Confidential Group accept all of the terms and conditions as set forth in the 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 Group of the City of Morro Bay. is NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt the following Resolution adopting an Agreement on the compensation and working conditions for the Confidential Group, and authorizes the Mayor to execute all necessary documents to implement said changes. PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 9th day of August 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSTAIN: None ABSENT: None ATTEST: BRIDGE KESSL G, City erk ® RESOLUTION NO.55-11 A RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR THE MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, representatives of the City of Morro Bay (CITY) and representatives of the Management Group met and discussed the terms and conditions of employment, through the meet and confer process; and WHEREAS, at the end of the meet and confer process, the groups could not come to agreement on the total compensation and working conditions package for the Management Group; and WHEREAS, without reaching an agreement, the CITY must move forward with Resolution No. 55-11, which establishes the compensation and working conditions for the Management Group. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt the following Resolution establishing the compensation and working conditions of ® the Management Group, and authorizes the Mayor to execute all necessary documents to implement said changes. 1. RECOGNITION 1.1 The Management Group is comprised of the following classifications: Commander, City Engineer, Senior Civil Engineer, Utilities and 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, Recreation and Parks Maintenance Superintendent. The term "employee" or "employees" as used herein shall refer only to the foregoing classifications. 1.2 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-rata basis commensurate with hours worked. All benefits for new hires, including insurance benefits, will be allocated on a pro-rata basis commensurate with hours worked. 1.3 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. 2. TERM Except as otherwise specifically provided herein, the term of this Resolution commences on July 1, 2011, and expires, and is otherwise fully terminated, at midnight on June 30, 2012. 3. ANTI-DISCR MNATION The CITY and Management Group mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. 4. 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. 4.1 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. 4.2 WORKSFUFT: Employees shall be scheduled to work on regular work shifts having regular starting and quitting times. Except for emergencies, employees' work shifts shall not be changed without 24-hour prior notice to the employee. 4.3 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. 4.4 OVERTIME COMPENSATION Employees in this group are considered "exempt' employees within the definition ofFLSA, and do not receive overtime for time worked outside of the regular work schedule. 4.5 EMERGENCIES: 4.5.1 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. 4.5.2 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. 5. VACATION LEAVE 5.1 During the term of this Resolution, employees shall eam paid vacation leave 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 5.2 The standard for vacation time is eight (8) hours equals one (1) day. 5.3 MAXIMUM ACCUMULATION It is recognized that 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 Management Group agree on the following policy: 5.3.1 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 the employees' further option, said payment may be put into deferred compensation. 5.3.2 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. 5.4 Members of the Management Group may exercise the 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. 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. 6. HOLIDAYS ® 6.1 For the purpose of this Resolution, the following days are the holidays for employees in this group: Independence Day July 4 Labor Day 1 st 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 6.2 Holidays falling on Saturday shall be observed on the preceding Friday, and holidays falling on Sunday shall be observed on the following Monday. 63 One holiday equals eight hours. Accrued holiday time may be taken in less than eight hour increments. ® 6A 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 approved by the Department Head. 6.5 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. 6.6 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. 7. ADMINISTRATIVE LEAVE 7.1 Each member of the Management Group 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. 7.2 Up to 24 hours of administrative leave may be rolled over into the following fiscal year. Upon termination, employee will be paid the pro-rata amount commensurate with that portion of the fiscal year worked. 11 u 7.3 Each member of the Management Group 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 ofthe Fair Labor Standards Act, employees of the Management Group 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. 7.4 Each new member of the Management Group, hired during the term of this agreement, shall, at the 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. 8. SICK LEAVE 8.1 During the term of this Resolution, 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. 8.2 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/F.Y. 0 hours .25 to 8 hours 825 to 16 hours 16.25 to 25 hours Over 25 hours Sick Leave to 96 hours 72 hours 48 hours 24 hours Vacation Leave 48 hours 36 hours 24 hours 12 hours At least 160 hours shall remain in employee's sick leave bank after any conversion is authorized. 8.3 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). 9. EXEMPT TIME OFF This policy is established in accordance with the Fair Labor Standards Act, which exempts employees of this group from requiring the CITY to pay time and one-half for time worked over 40 hours. Effective July 1, 2002, group 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 ofless than two (2) continuous hours per day need not be recorded. Abuses of this exception, i.e., taking 'h hour here and there throughout the day, will not be allowed. 10. RETIREMENT BENEFITS 10.1 The Management Group 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. ® 10.2 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. 10.3 Should current tax treatment change, the Management Group and the employee shall hold harmless the CITY, its 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. 10.4 Should current tax treatment change, the Management Group shall have the opportunity to meet and confer regarding any such changes. 10.5 If the State Legislature adopts a two-tier P.E.RS. retirement program applicable to the Management Group members, then all 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. 10.6 PERS Miscellaneous Employees 10.6.1 All members of the Management Group pay 100% of the employee contribution to Ca1PERS. ® 10.6.2 For employees hired prior to the implementation of the PERS Contract Amendment regarding 2-Tier Retirement Formulas and Final Compensation for PERS Miscellaneous employees in the Management Group, the CITY agrees to continue to provide 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) 1959 Survivor Benefit, Level 4 h (21574) 10.6.3 For employees hired on or after the date of the implementation of the PERS Contract Amendment regarding 2-Tier Retirement Formulas and Final Compensation for PERS Miscellaneous employees in the Management Group, the CITY will provide a retirement benefit program through Public Employees Retirement System (PERS) with the following PERS optional benefits: 2% @ 60 plan (21353), Sick Leave Option (Section 20965), Final Compensation Average 36 consecutive highest months (20037), Military Service Credit (21024), 1959 Survivor Benefit 4'h Level (21574) ® 10.7. PERS Safety Employees 10.7.1 All members of the Management Group pay 100% of the employee contribution to Ca1PERS 10.7.2 For employees hired prior to September 17, 2011 (or such later date as the PERS contract is amended pursuant to Section 10.7.3 below) the CITY agrees to continue to provide PERS Safety employees in the Management Group 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) 4'h Level Survivor Benefit (Section 21574) 1959 Survivor Benefit effective 6-24-89 (Section 21580) Military Service Credit effective 6-9-98 (Section 21024) 3% @ 50 Retirement Formula Pre -Retirement Optional Settlement 2 Death Benefit 10.7.3 For employees hired on or after September 17, 2011 (or such later date as the PERS contract is amended pursuant to this Section) the CITY will provide a retirement benefit program through Public Employees Retirement System (PERS) the retirement benefits set forth in 10.7.2 above will be modified and reads as follows. 7 ® 36 Consecutive Month Final Compensation (Section 20037) Sick Leave Credit effective 6-24-89 (Section 20965) 4's Level Survivor Benefit (Section 21574) 1959 Survivor Benefit effective 6-24-89 (Section 21580) Military Service Credit effective 6-9-98 (Section 21024) 3% @ 55 Retirement Formula (Section 21363.1) Pre -Retirement Optional Settlement 2 Death Benefit 11.1.1 Employees of the Management Group shall participate in the PERS medical insurance plans on a cafeteria style basis, with the CITY contributing the PERS minimum (currently $108/month) to the active employee's medical insurance and $1.00/month or the amount required by PERS to retiree medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and retiree. 11.1.2 The Management Group receives a cafeteria plan contribution (including the amount required by PERS in 11.1.1 above) as follows: Employee only -'up to $715/month or cost of insurance, whichever is less Employee + 1 — up to $947/month or cost of insurance, whichever is less Employee + family - up to $1050/month or cost of insurance, whichever is less ® 11.1.3 Effective January 1, 2009 cash -back was eliminated except as provided herein. Employees receiving cash -back in December.2008 shall continue to receive the same amount for the term of this agreement except that 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 2010 for calendar year 2010, 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. u 11.2 DENTAL AND VISION INSURANCE: 11.2.1 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 ife and vision insurance for self. Life Insurance is provided at $20,000 per employee. The following rates are effective January 1, 2011. E VISION DENTAL LIFE TOTALS Employee Only $ 8.63 $ 37.76 $5.68 $ 52.07 Employee+l $17.26 $106.39 $5.68 $129.33 Employee+2 $22.29 $106.39 $5.68 $134.36 Employee will be responsible for the following monthly amounts for dentalMfe and vision beginning with the pay period including January 1, 2011: Employee Only $2.32 Employee + 1 $7.75 Employee + 2+ $8.22 CITY will pay the remaining premium for dental life and vision. 11.3 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. 11.4 The provisions of this section shall be binding on the parties through the remainder of this agreement and for the term of the agreement that will be effective July 1, 201 L' The parties agree herewith that no further collective bargaining will occur with respect to this section for the term of the agreement ending June 30, 2012. 11.5 LTD INSURANCE The Management Group shall participate in the City -provided Long Term Disability Insurance Plan. The CITY shall pay the costs for this plan. 11.6 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). 11.7 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 fbOisability 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. 12. EDUCATION INCENTIVES 12.1 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. 12.2 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. 13. SALARIES 13.1 Effective the pay period beginning July, 9, 2011, employees in Management Group will take a 2% salary reduction. 13.2 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. 13.3 Any and all special pay incentives will be calculated on base salary. 14. WORK UNIFORMS 14.1 SAFETY SHOES: Employees, who are required to wear steel -toed safety shoes in the performance of their duties, shall be eligible to receive an allowance for the provision of said shoes in the amount of one hundred twenty dollars ($120.00) per fiscal year. Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. ® 15. PROBATION The probationary period for newly hired employees in this group 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 rune (9) months of service. u 16. NO STRIKE, NO LOCK -OUT 16.1 During the term of this Resolution, the CITY will not lockout any employees nor will the Management Group 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 Management Group 16.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 16.3 Any group 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. 10 17. PULL UNDERSTANDING, MODIFICATION. WAIVER 17.1 This Resolution 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. 17.2 It is agreed and understood that each parry 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. 17.3 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 Management Group. 17.4 The waiver of any breach of any term, or condition of this Resolution by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 18. SEVERABII,ITY 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. ® PASSED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this day of August 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSTAIN: None ABSENT: None ATTEST: MAZE BRED1 E RESOLUTION NO. 54-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING THE SIGNING OF USDA FORMS, WHICH AUTHORIZE AND PROVIDE FOR THE INCURRENCE OF INDEBTEDNESS FOR FIRE STATION NO. 53 ADMINISTRATION BUILDING THE CITY COUNCIL City of Morro Bay, California WHEREAS, it is necessary for the City of Morro Bay to raise a portion of the cost of the construction of Fire Station No 53's Administration Building by issuing Certificates of Participation in the principal amounts of $1,500,000 and $300,000, for a total principal debt of $1,800,000; and WHEREAS, the City intends to obtain this financial assistance from the United States Department of Agriculture (USDA) as the sole purchaser of the Certificates of Participation; and WHEREAS, the USDA requires the completion of numerous forms in this process, many of which are time -sensitive, and delays, waiting for Council action, could jeopardize the funding. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay ® that City Manager Andrea Lueker is authorized to sign all USDA forms in connection with the indebtedness for Fire Station No. 53 Administration Building. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 9'h day of August 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler' Yates NOES: None ABSTAIN: None ABSENT: None ATTEST: I BRIDGET 1{ESSLIN , City Clj ® RESOLUTION NO.53-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN INSTALLMENT SALE DOCUMENTS IN CONNECTION WITH THE OFFERING AND SALE OF S300,000 CERTIFICATES OF PARTICIPATION RELATING TO THE FINANCING OF FIRE STATION NO. 53, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO THE CITY COUNCIL City of Morro Bay, California RESOLVED, by the City Council (the "Council") of the City of Morro Bay, California (the "City"), as follows: WHEREAS, the City, working together with the Public Property Financing Corporation of California (the "Corporation"), proposes to finance a portion of the costs of construction of a new Fire Station No. 53 (the "Project"), as more particularly described in the Installment Sale Agreement (as hereinafter defined), and it is in the public interest and for the public benefit that the City authorize and direct execution of the Installment Sale Agreement and certain other financing documents in connection therewith; and WHEREAS, the City's obligation to make payments under the Installment Sale ® Agreement will be paid from and secured by the '/2 cent sales talc, approved by the registered voters of the City at a special election held on November 7, 2006; and WHEREAS, certificates of participation, evidencing undivided fractional interests in the payments under the Installment Sale Agreement, will be executed and delivered (the "Certificates"); and WHEREAS, the United States Department of Agriculture, Rural Development ("Rural Development"), intends to submit an offer to purchase the Certificates; and WHEREAS, the documents, below specified, have been filed with the Council, and the members of the Council, with the aid of its staff, have reviewed said documents. NOW, THEREFORE, it is hereby DECLARED and ORDERED, as follows: Section 1. The Certificates are hereby authorized to be executed and delivered pursuant to the provisions of the Trust Agreement (as hereinafter defined). E ® Resolution No. 53-11 Page 2 Section 2. The below -enumerated documents, substantially in the form on file with the Secretary, be and are hereby approved, and the Mayor, the City Manager or the Administrative Services Director, or the designee thereof, is hereby authorized and directed to execute said documents, with such changes, insertions and omissions as may be approved by such official, and the City Clerk is hereby authorized and directed to attest to such official's signature: (a) An installment sale agreement, relating to the Project, by and between the Corporation, as seller, and the City, as purchaser (the "Installment Sale Agreement"), so long as the total principal amount of the Certificates does not exceed $300,000 and so long as the maturity of the Certificates does not extend beyond September I, 2041; and (b) a trust. agreement, by and among the Corporation, the City and the City of Morro Bay Treasurer, as trustee (the "Trust Agreement"), relating to the financing, and the execution and delivery of the Certificates. Section 3. The City hereby approves the sale of the Certificates by negotiation with Rural is Development, pursuant to a purchase contract, letter of conditions, commitment letter or other evidence provided by Rural Development evidencing its intention to purchase the Certificates (the "Purchase Contract"), in a form approved by the Mayor, the City Manager or the Administrative Services Director, or the designee thereof. The Purchase Contract shall be executed in the name and on behalf of the City by the Mayor, the City Manager or the Administrative Services Director, or the designee thereof, who is hereby authorized and directed to execute and deliver the Purchase Contract on behalf of the City. The purchase price for the Certificates shall be the par amount thereof, and the interest rate to be borne by the Certificates shall not exceed 4.25% per annum. Section 4, The Mayor, the City Manager, the Administrative Services Director, the City Clerk and all other appropriate officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the financing herein authorized. Section 5. This Resolution shall take effect upon its adoption by this Council. Resolution No. 53-11 Page 3 PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 9`' day of August 2011. WILLIAM YATES, I, the undersigned City Clerk of the City of Morro Bay, hereby certify that the foregoing is a full, true and correct copy of a Resolution duly adopted by the City Council of the City at a meeting thereof on the 9`h day of August, 2011, by the following vote of the members thereof: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ® ABSTAIN: None ABSENT: None 2011 FIRE STATION FINANCING PROJECT, SERIES B SCHEDULE OF INSTALLMENT PAYMENTS Amount: $300,000 .......... Number of Years: 30 .......... Interest Rate: 4.25% SEMI - INTEREST ANNUAL ANNUAL FISCAL PAYMENT DATE PRINCIPAL INTEREST TOTAL TOTAL YEAR TOTAL 03/01/12 $ $ 6,375.00 $ 6,375.00 $ 2011/12 6,375 09/01/12 5,000.00 6,375.00 11,375.00 17,750.00 03/01/13 6,268.75 6,268.75 2012/13 24,019 09/01/13 5,000.00 6,268.75 11,268.75 17,537.50 03/01/14 6,162.50 6,162.50 2013/14 23,700 09/01/14 6,000.00 6,162.50 12,162.50 18,325.00 03/01/15 6,035.00 6,035.00 2014/15 24,360 09/01/15 6,000.00 6,035.00 12,035.00 18,070.00 03/01/16 5,907.50 5,907.50 2015/16 23,978 09/01/16 6,000.00 5,907.50 11,907.50 17,815.00 ' 03/01/17 5,780.00 5,780.00 2016/17 23,595 09/01/17 6,000.00 5,780.00 11,780.00 17,560.00 03/01/18 5,652.50 5,652.50 2017/18 23,213 09/01/18 7,000.00 5,652.50 12,652.50 18,305.00 03/01/19 5,503.75 5,503.75 2018/19 23,809 09/01/19 7,000.00 5,503.75 12,503.75 18,007.50 03/01/20 5,355.00 5,355.00 2019/20 23,363 0 01/20 7,000.00 5,355.00 12,355.00 17,710.00 /Ol/21 5,206.25 5,206.25 2020/21 22,916 09/01/21 8,000.00 5,206.25 13,206.25 18,412.50 03/01/22 5,036.25 5,036.25 2021/22 23,449 09/01/22 8,000.00 5,036.25 13,036,25 18,072.50 03/01/23 4,866.25 4,866.25 2022/23 22,939 09/01/23 8,000.00 4,866.25 12,866.25 17,732.50 03/01/24 4,696.25 4,696.25 2023/24 22,429 09/01/24 8,000.00 4,696.25 12,696.25 17,392.50 03/01/25 4,526.25 4,526.25 2024/25 21,919 09/01/25 9,000.00 4,526.25 13,526.25 18,052.50 03/01/26 4,335.00 4,335.00 2025/26 22,388 09/01/26 9,000.00 4,335.00 13,335.00 17,670.00 03/01/27 4,143.75 4,143.75 2026/27 21,814 09/01/27 10,000.00 4,143.75 14,143.75 18,287.50 03/01/28 3,931.25 3,931.25 2027/28 22,219 09/01/28 10,000.00 3,931.25 13,931.25 17,862.50 03/01/29 3,718.75 3,718.75 2028/29 21,581 09/01/29 10,000.00 3,718.75 13,718.75 17,437.50 03/01/30 3,506.25 3,506.25 2029/30 20,944 09/01/30 11,000.00 3,506.25 14,506.25 18,012.50 03/01/31 3,272.50 3,272.50 2030/31 21,285 09/01/31 11,000.00 3,272.50 14,272.50 17,545.00 03/01/32 3,038.75 3,038.75 2031/32 20,584 09/01/32 12,000.00 3,038.75 15,038.75 18,077.50 001/33 2,783.75 2,783.75 2032/33 20,861 /01/33 12,000.00 2,783.75 14,783.75 17,567.50 03/01/34 2,528.75 2,528.75 2033/34 20,096 09/01/34 13,000.00 2,528.75 15,528.75 18,057.50 03/01/35 2,252.50 2,252.50 2034/35 20,310 2011 Fire Station Financing Proj, Series 6 1 2011 FIRE STATION FINANCING PROJECT, SERIES B SCHEDULE OF INSTALLMENT PAYMENTS - Amount: $300,000 .......... Number of Years: 30........... Interest Rate: 4.25% SEMI - INTEREST ANNUAL ANNUAL FISCAL PAYMENT DATE PRINCIPAL INTEREST TOTAL TOTAL YEAR TOTAL 09/01/35 13,000.00 2,252.50 15,252.50 17,505.00 03/01/36 1,976.25 1,976.25 2035/36 19,481 09/01/36 14,000.00 1,976.25 15,976.25 17,952.50 03/01/37 1,678.75 1,678.75 2036/37 19,631 09/01/37 15,000.00 1,678.75 16,678.75 18,357.50 03/01/38 1,360.00 1,360.00 2037/38 19,718 09/01/38 15, 000.00 1,360.00 16, 360.00 17, 720.00 03/01/39 1,041.25 1,041.25 2038/39 18,761 09/01/39 16,000.00 1,041.25 17,041.25 18,082.50 03/01/40 701.25 701.25 2039/40 18,784 09/01/40 16,000.00 701.25 16,701.25 17,402.50 03/01/41 361.25 361.25 2041/41 17,764 09/01/41 17,000.00 361.25 17,361.25 17,722.50 2041/42 17,723 TOTALS $ 300,000.00 $ 236,002.50 $ 536,002.50 $ 536,002.50 [l r] 2011 Fire Station Financing Proj, Series 8 2 RESOLUTION NO. 52-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN INSTALLMENT SALE DOCUMENTS IN CONNECTION WITH THE OFFERING AND SALE OF $1,500,000 CERTIFICATES OF PARTICIPATION RELATING TO THE FINANCING OF FIRE STATION NO. 53, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO THE CITY COUNCIL City of Morro Bay, California RESOLVED, by the City Council (the "Council") of the City of Morro Bay, California (the "City"), as follows: WHEREAS, the City, working together with the Public Property Financing Corporation of California (the "Corporation"), proposes to finance a portion of the costs of construction of a new Fire' Station No. 53 (the "Project"), as more particularly described in the Installment Sale Agreement (as hereinafter defined), and it is in the public interest and for the public benefit that the City authorize and direct execution of the Installment Sale Agreement and certain other financing documents in connection therewith; and WHEREAS, the City's obligation to make payments under the Installment Sale ® Agreement will be paid from and secured by the '/2 cent sales tax, approved by the registered voters of the City at a special election held on November 7, 2006; and WHEREAS, certificates of participation, evidencing undivided fractional interests in the payments under the Installment Sale Agreement, will be executed and delivered (the "Certificates"); and WHEREAS, the United States Department of Agriculture, Rural Development (`Rural Development"), intends to submit an offer to purchase the Certificates, and WHEREAS, the documents, below specified, have been filed with the Council, and the members of the Council, with the aid of its staff, have reviewed said documents. NOW, THEREFORE, it is hereby DECLARED and ORDERED, as follows: Section 1. The Certificates are hereby authorized to be executed and delivered pursuant to the provisions of the Trust Agreement (as hereinafter defined). 11 ® Resolution No. 52-11 Page 2 Section 2. The below -enumerated documents, substantially in the form on file with the Secretary, be and are hereby approved, and the Mayor, the City Manager or the Administrative Services Director, or the designee thereof, is hereby authorized and directed to execute said documents, with such changes, insertions and omissions as may be approved by such official, and the City Clerk is hereby authorized and directed to attest to such official's signature: (a) An installment sale agreement, relating to the Project, by and between the Corporation, as seller, and the City, as purchaser (the "Installment Sale Agreement"), so long as the total principal amount of the Certificates does not exceed $1,500,000 and so long as the maturity of the Certificates does not extend beyond September 1, 2041; and (b) a trust agreement, by and among the Corporation, the City and the City of Morro Bay Treasurer, as trustee (the "Trust Agreement"), relating to the financing, and the execution and delivery of the Certificates. Section 3. The City hereby approves the sale of the Certificates by negotiation with Rural Development, pursuant to a purchase contract, letter of conditions, ® commitment letter or other evidence provided by Rural Development evidencing its intention to purchase the Certificates (the "Purchase Contract"), in a form approved by the Mayor, the City Manager or the Administrative Services Director, or the designee thereof. The Purchase Contract shall be executed in the name and on behalf of the City by the Mayor, the City Manager or the Administrative Services Director, or the designee thereof, who is hereby authorized and directed to execute and deliver the Purchase Contract on behalf of the City. The purchase price for the Certificates shall be the par amount thereof, and the interest rate to be home by the Certificates shall not exceed 4.00% per annum. Section 4. The Mayor, the City Manager, the Administrative Services Director, the City Clerk and all other appropriate officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the financing herein authorized. Section 5. This Resolution shall take effect upon its adoption by this Council. u Resolution No. 52-11 Page 3 PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 9" day of August 2011. WILLIAM YATES, I, the undersigned City Clerk of the City of Morro Bay, hereby certify that'tbeJforegoing is a full, true and correct copy of a Resolution duly adopted by the City Council of the City at a meeting thereof on the 9 s day of August, 2011, by the following vote of the members thereof: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None is ABSTAIN: None ABSENT: None IN Iffixtux-111 .r M INTEREST PAYMENT DATE 03/01/12 $ 09/01/12 03/01/13 09/01/13 03/01/14 09/01/14 03/01/15 09/03/01 03/01/16 09/01/16 03/01/17 09/01/17 03/01/18 09/01/18 03/01/19 09/01/19 03/01/20 09/01/20 03/01/21 09/01/21 03/01/22 09/01/22 03/01/23 09/01/23 03/01/24 09/01/24 03/01/25 09/01/25 03/01/26 09/01/26 03/01/27 09/01/27 03/01/28 09/01/28 03/01/29 09/01/29 03/01/30 09/01/30 03/01/31 09/01/31 03/01/32 09/01/32 03/01/33 09/01/33 ®03/01/34 09/01/34 03/01/35 09/01/35 03/01/36 2011 FIRE STATION FINANCING PROJECT, SERIES A SCHEDULE OF INSTALLMENT PAYMENTS SEMI-ANNUAL PRINCIPAL INTEREST TOTAL 27,000 28,000 29,000 30,000 31,000 33,000 34,000 35,000 37,000 38,000 40,000 41,000 43,000 45,000 46,000 48,000 50,000 52,000 54,000 56,000 59,000 61,000 63,000 66,000 30,000 $ 30,000 29,460 29,460 28,900 28,900 28,320 28,320 27,720 27,720 27,100 27,100 26,440 26,440 25,760 25,760 25,060 25,060 24,320 24,320 23,560 23,560 22,760 22,760 21,940 21,940 21,080 21,080 20,180 20,180 19,260 19,260 18,300 18,300 17,300 17,300 16,260 16,260 15,180 15,180 14,060 14,060 12,880 12,880 11,660 11,660 10,400 10,400 9,080 30,000 $ 57,000 29,460 57,460 28,900 57,900 28,320 58,320 27,720 58,720 27,100 60,100 26,440 60,440 25,760 60,760 25,060 62,060 24,320 62,320 23,560 63,560 22,760 63,760 21,940 64,940 21,080 66,080 20,180 66,180 19,260 67,260 18,300 68,300 17,300 69,300 16,260 70,260 15,180 71,180 14,060 73,060 12,880 73,880 11,660 74,660 10,400 76,400 9,080 ANNUAL TOTAL FISCAL YEAR TOTAL 2011/12 30,000 87,000 2012/13 116,460 86,920 2013/14 115,820 86,800 2014/15 115,120 86,640 2015/16 114,360 86,440 2016/17 113,540 87,200 2017/18 113,640 86,880 2018/19 112,640 86,520 2019/20 111,580 87,120 2020/21 111,440 86,640 2021/22 110,200 87,120 2022/23 109,880 86,520 2023/24 108,460 86,880 2024/25 107,960 87,160 2025/26 107,340 86,360 2026/27 105,620 86,520 2027/28 104,820 86,600 2028/29 103,900 86,600 2029/30 102,860 86,520 2030/31 101,700 86,360 2031/32 100,420 87,120 2032/33 100,000 86,760 2033/34 98,420 86,320 2034/35 96,720 86,800 2035/36 95,880 2011 Fire Station Financing Proj, Series A 1 2011 FIRE STATION FINANCING PROJECT, SERIES A SCHEDULE OF INSTALLMENT PAYMENTS INTEREST SEMI-ANNUAL ANNUAL PAYMENT DATE PRINCIPAL INTEREST TOTAL TOTAL FISCAL YEAR TOTAL 09/01/36 69,000 9,080 78,080 87,160 03/01/37 7,700 7,700 2036/37 94,860 09/01/37 71,000 7,700 78,700 86,400 03/01/38 6,280 6,280 2037/38 92,680 09/01/38 74,000 6,280 80,280 86,560 03/01/39 4,800 4,800 2038/39 91,360 09/01/39 77,000 4,800 81,800 86,600 03/01/40 3,260 3,260 2039/40 89,860 09/01/40 80,000 3,260 83,260 86,520 03/01/41 1,660 1,660 2041/41 88,180 09/01/41 83,000 1,660 84,660 86,320 2041/42 86,320 $ 1,500,000 $ 1,101,360 $ 2,601,360 $ 2,601,360 2011 Fire Station Financing Proj, Series A 2 A RESOLUTION NO. 51-11 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO GRANT AGREEMENT #10-127-938 WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR MORRO BAY STATE PARK MARINA MARINA BASIN AND ENTRANCE CHANNEL DREDGING 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, in 2009 due to costs and environmental issues the scope of the project was revised to perform maintenance dredging of the State Park Marina and an amendment to the EIR was approved by the Planning Commission in August 2009; and, WHEREAS, funding for dredging studies, permitting and monitoring was approved through acceptance of DBW agreement 908-101-102 in August 2009; and, ® WHEREAS; CEQA for this project has been completed and all construction permits and approvals have been obtained including approval of a Coastal Commission Permit in June of 2011; and, WHEREAS, the DBW has agreed to enter into Grant Agreement 910-127-938 with the City of Morro Bay to improve recreational boating in the State Park Marina by providing $700,000 of funding from the State's Harbor and Watercraft Revolving Fund to for the portion of the State Park Marina Maintenance Dredging Project associated with dredging the marina basin and entrance channel to remove material that has accumulated since the marina was originally constructed in 1949; and, WHEREAS, the scope of work in the proposed grant agreement #10-127-938 includes, soliciting competitive bids and assist in obtaining and evaluating bids and selecting a qualified marine contractor to dredge and dispose of dredge material for the project in accordance with the approved plans and specifications and all permits and approvals issued for this project. WHEREAS, 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 DBW grant agreement #08-127-949 for the State Park Marina Maintenance Dredging Project associated with dredging the marina basin and entrance channel in the- amount of $700,000. BE IT FURTHER RESOLVED, that the Harbor Business Manager, is hereby authorized to act as the City's agent in regards to all aspects of the grant agreement. 2 ® PASSED AND ADOPTED bey the City Council of the City of Morro Bay at a regular meeting held thereof on the 12 day of July 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: E 1 ® RESOLUTION NO.50-11 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO GRANT AGREEMENT #10-101-101 WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR MORRO BAY STATE PARK MARINA NON -MOTORIZED KAYAK LAUNCH DREDGING 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, in 2009 due to costs and environmental issues the scope of the project was revised to perform maintenance dredging of the State Park Marina and an amendment to the EIR was approved by the Planning Commission in August 2009; and, WHEREAS, funding for dredging studies, permitting and monitoring was approved through acceptance of DBW agreement 908-101-102 in August 2009; and, WHEREAS; CEQA for this project has been completed and all construction ® permits and approvals have been obtained including approval of a Coastal Commission Permit in June of 2011; and, WHEREAS, the DBW has agreed to enter into Grant Agreement 910-101-101 with the City of Morro Bay to improve the non -motorized kayak launch by providing $290,000 of Federal funding for the portion of the State Park Marina Maintenance Dredging Project associated with dredging the marina basin adjacent to the launch to remove material directly in front of the launch that has accumulated since the launch was originally constructed in 1949; and, WHEREAS, the scope of work in the proposed grant agreement 910-101-101 includes, soliciting competitive bids and assist in obtaining and evaluating bids and selecting a qualified marine contractor to dredge and dispose of dredge material for the project in accordance with the approved plans and specifications and all permits and approvals issued for this project. WHEREAS, 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 DBW grant agreement #08-127-949 for the State Park Marina Maintenance Dredging Project associated with the non -motorized kayak launch area in the amount of $290,000. BE IT FURTHER RESOLVED, that the Harbor Business Manager, is hereby authorized to act as the City's agent in regards to all aspects of the grant agreement. ® PASSED AND ADOPTED bX the City Council of the City of Morro Bay at a regular meeting held thereof on the 12 day of July 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: .11 n 11 ® RESOLUTION NO.49-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING 2011/12 FISCAL YEAR OPERATING BUDGET 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, 2011; 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: The Fiscal Year 2011/12 Operating Budgets are adopted, as presented herewith and in Amendment A, which represents changes made at this meeting; and 2. Staff is directed to prepare and publish a final budget document; and 3. The City Manager is authorized to transfer appropriations within the adopted budget, so long as the appropriations changes do not have a significant policy impact, and total appropriations are not exceeded; and 4. City Council approval is required to transfer appropriations between funds, capital projects, .or capital outlay items; and 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, 2011, to the Capital Improvement Project Fund(s) for the 2011-12 fiscal year; and E ® 6. The City Council directs that the hiring freeze for positions in the City workforce continue for those positions funded within the General Fund, with the exception of safety personnel, and the City Council reserves the right to review any vacancies on a case -by -case basis as to its official policy; and The City Council directs that all current vacancies within the City be refilled, without further Council involvement, but pending the ratification of the 2°d Tier Retirement Formulas for all 'employee groups; and 8. The City Council chooses to continue the 2009/10 deferral of management and executive 3% Cost -of -Living Adjustment (COLA). PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 12's day of July 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ® WILLIAM YATES, yor ® AMENDMENT A At the July 12, 2011, regular City Council meeting, changes/transfers/dedications were made as fisted below: 1. Transfer $170,551, which represents the unallocated, excess cash reserves, from the General Fund Emergency Reserve Fund to the Streets Division of the District Transaction Tax (DTT) (Measure Q) Fund; and 2. Remove the reservation of+/- $110,000, which currently exists in the DTT Fund for the City Hall/Public Services/Transit Building Generator, and apply that money to the Streets Division in the DTT Fund; and 3. Change the revenue projection in the Morro Bay Tourism Business Improvement District (MBTBID) Fund from $380,000 to $460,000, the original estimate was calculated at 2%, when the actual assessment is 3%; and 4. Transfer the Mimosa Special Assessment District cash balance of $12,607 from the Special Assessment District Fund to the Streets Division of the DTT Fund for Mimosa Street; and 5. Reduce the Fire Department's 2011/12 request for funding for a firefighter, which was made ® in the DTT Fund, from $147,101 to $143,864 to recognize the savings from the 2°d Tier retirement program, and dedicate that money ($3,237) to the Fire Station 953 Reserve in the DTT Fund; and 6. Remove the following requested items from the DTT Fund "A" list, as they will be paid for with the COPS grant or Vehicle License Fees, for a total of $100,000: a) Booking fees (VLF): $40,000 b) Safety items (COPS): $43,000 c) Salary for time Property/Evidence Technician (COPS): $17,000 Add the following Police request for DTT Fund money to the "A" list from the "A. I" list: $16,000 for (3) ballistic entry vests and LASERFICH software upgrade. The balance of $84,000, which is $100,000 of removed items above less the $16,000 item added from the "A- I" list, is to be dedicated in the DTT Fund to storm drains; and 7. Remove the 2008/09 through 2010/11 reservations in the DTT Fund Fire Division for Fire and Fire - firefighter, and apply that money to the Fire Station #53 reserve in the DTT Fund Fire Division. E El RESOLUTION NO. 48-11 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE MORRO BAY (LOCAL POLICE MEMBERS) THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which the City of Morro Bay may elect to subject themselves and their employees to amendments to said Law, and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the City Council of the City of Morro Bay a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20475 (Different Level of Benefits); Section 21363.1 (3% @ 55 Full formula); and Section 20037 (Three -Year Final Compensation) applicable to local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby give notice of intention to approve an amendment to the contract between the City of Morro Bay and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12'h of July, 2011, by the following vote: AYES: NOES: ABSENT: ATTEST: BRIDGE-q Borchard, Johnson, Leage, Smukler, Yates None None RESOLUTION NO. 47-11 ® 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 by the City Council of the City of Morro Bay it hereby approves and adopts, in full, the Memorandum of Understanding for the period July 1, 2011 through June 30, 2012, as attached and made a part of this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the City Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this 12's day of July, 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: 1 .N r 11 j El RESOLUTION NO. 46-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE 2010 URBAN WATER MANAGEMENT PLAN THE CITY COUNCIL City of Morro Bay, California WHEREAS, California Water Code Division 6 Part 2.6. Sections 10610-10656, known as the Urban Water Management Planning Act, require preparation of an Urban Water Management Plan; and, WHEREAS, Senate Bill x 77 (Steinberg) passed in 2009 modifies the requirements of the Urban Water Management Plan to reduce the per capita usage by 20% in 2020, and, WHEREAS, Staff and its consultants have prepared the 2010 Urban Water Management Plan to meet the requirements of the Urban Water Management Planning Act; and, WHEREAS, Staff and its consultants have prepared the 2010 Urban Water Management Plan to meet the requirements of Senate Bill x 7_7. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City Council adopts the 2010 Urban Water Management Plan. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of June, 2011 on the following vote: AYES: Borchard, Johnson, Leage, Yates NOES: Smukler ABSENT: None ATTEST: '.0 :� F RESOLUTION NO. 45-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING A THREE YEAR MORATORIUM FOR THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR COMMERCIAL PROJECTS WITHIN A COMMERCIAL ZONE DISTRICT THE CITY OF MORRO BAY City of Morro Bay, California WHEREAS, the City Council adopted Development Impact Fees in 2007 with Resolution No. 47-07; and WHEREAS, the City Council has adopted a Master Fee Schedule, which authorizes the establishment of fees by Resolution of the Council; and WHEREAS, the Master Fee Schedule includes Development Impact Fees for commercial projects within commercial zone districts; and WHEREAS, the City of Morro Bay also has a variety of goals and policies to enhance the economic strength of the City; and WHEREAS, the City Council recognizes that payment of Commercial Development Fees ® can be a disincentive to commercial projects; and WHEREAS, in furtherance of these goals, the City Council hereby desires to establish a moratorium of the payment of Development Impact Fees for commercial development projects within commercial zone districts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that no Development Impact Fees shall be paid for commercial projects on commercially zoned land for a period of three years commencing on July 1, 2011. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay, that only commercial or mixed -use projects on commercially zoned land shall be eligible and that residential projects within the mixed use areas shall not be eligible. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of June 2011, by the following vote: AYES: Borchard, Johnson, Leage, Yates NOES: Smukler ABSENT: None WII LIAM YATES, Mayo ATTEST: BRIDGED, KESSMG, CityUerk RESOLUTION NO. 44-11 ® 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 10, 2011 the City Council did adopt Resolution No. 44-11 declaring the Council's intent to levy an assessment for the annual maintenance of the North Point Natural Area and approving the Engineers Report; and WHEREAS, a public hearing to hear all protests as to the levy of the annual assessment of said district was scheduled for June 28, 2011 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 ofthe annual assessment for the North Point Landscaping and Lighting Maintenance Assessment District on ® June 28, 2011 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 2011-12 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 2011-12 and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28TH day of June, 2011 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None WILLIAM YATES, ® EXHIBIT 'A' CFFY OF MORRO BAY NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA LEGEND 1. = LOT NUMBER = COUNTY ASSESSORS PARCEL NUMBER El RESOLUTION NO. 43-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on May 10, 2011 the City Council did adopt Resolution No. 43-11 declaring the Council's intent to levy an assessment for the annual maintenance of the Cloisters Park and Open Space and approving the Engineers Report; and WHEREAS, a public hearing to hear all protests as to the levy of the annual assessment of said district was scheduled for June 28, 2011 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 ofthe annual assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District on June 28, 2011 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 fortheFiscal Year2011-12 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 2011-12 and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 28th day of June, 2011 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None ® 1 BRIDGE KESS ING, ClIn CLERK TPOB PARCEL 1 Most northerly corner Lot 122 of 'tract 1996 S 11 1' n 400' . EXHU T A 0 RESOLUTION NO. 42-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE PARAMETERS FOR THE USE OF THE GENERAL FUND EMERGENCY RESERVE THE CITY COUNCIL City of Morro Bay, California WHEREAS, on May 24, 2010, the Morro Bay City Council adopted Resolution No. 27- 10, which established the parameters for the use of the General Fund Emergency Reserve; and WHEREAS, staff wishes to amend that Resolution to include the requirement to annually designate/program all excess funds in the General Fund Emergency Reserve at Council's discretion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Resolution 27-10 be amended to read as follows: GENERAL FUND (ACCUMULATION) RESERVE 1. The General Fund (Accumulation) Reserve must meet or exceed either 27.5% of the General Fund operating budget or a minimum of $2,750,000, whichever is greater. 2. Any amount greater than 27.5% of the General Fund operating budget or the minimum of $2,750,000 (whichever is greater), may be used for budgetary purposes. 3. Amounts greater than the 27.5% target balance, or minimum of $2,750,000 (whichever is greater), will be programmed/designated by Council during the annual budget adoption process, at Council's discretion. 4. Use of reserves must be approved by the City Council. 5. The General Fund (Accumulation) Reserve will be renamed and listed in the budget as the General Fund Emergency Reserve. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of June 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: BRIDGqT KESiLING,jerk r1 L�J RESOLUTION NO. 41-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DETERMINING THAT ISSUANCE OF AN ABC PERMIT FOR OFF SALE BEER & WINE SALES AT 1169 MARKET AVENUE WOULD SERVE AS A PUBLIC CONVENIENCE OR NECESSITY THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, Virg's Landing Inc. applied for a Department of Alcoholic Beverage Control Permit for Off -Sale Beer & Wine for their Sportfishing Tackle Store located at 1169 Market Avenue; and. WHEREAS, the permit is automatically denied by the Department of Alcoholic Beverage Control due to an "undue concentration of alcohol licenses" in this census tract: and. WHEREAS, in order for the Department of Alcoholic Beverage Control to issue the license, the local governing body must determine that the public convenience or necessity would be served by issuance of the license and pass a resolution stating such; and, WHEREAS, after review by the Police Department there are no significant concerns in regard to the transfer of the Off -Sale Beer and Wine sales to this location. Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the public convenience or necessity will be served by issuance of license from the Department of Alcoholic Beverage Control for Off Sale Beer & Wine Sales at 1169 Market Avenue. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay, California, that this action support new business in Morro Bay and is in conformance with the goals set by the Morro Bay City Council to "develop ways to be attractive to new businesses". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of June, 2011 on the following vote: AYES: YATES, BORCHARD, JOHNSON, LEAGE, SMUKLER NOES: NONE NONE NONE ABSENT: ABSTAIN: ATTEST: IE BOUCHER, Deputy City Clerk RESOLUTION NO. 40-11 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DETERMINING THAT ISSUANCE OF AN ABC PERMIT FOR A WINE TASTING ROOM LOCATED AT 783 MARKET AVENUE WOULD SERVE AS A PUBLIC CONVENIENCE OR NECESSITY THE CITY COUNCIL CITY OF MORRO BAY, CALIFOILNIA WHEREAS, Bella Vino's Services LLC applied for a Department of Alcoholic Beverage Control Permit for a Wine Tasting Room located at 783 Market Avenue; and, WHEREAS, the permit is automatically denied by the Department of Alcoholic Beverage Control due to an "undue concentration of alcohol licenses" in this census tract; and, WHEREAS; in order for the Department of Alcoholic Beverage Control to issue the license, the local governing body must determine that the public convenience or necessity would be served by issuance of the license and pass a resolution stating such; and. ® WHEREAS, after review by the Police Department there are no significant concerns in regard to the opening of a Wine Tasting Room at this location. Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the public convenience or necessity will be served by issuance of license from the Department of Alcoholic Beverage Control for a wine tasting room at 783 Market Avenue. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay, California, that this action support new business in Morro Bay and is in conformance with the goals set by the Morro Bay City Council to "develop ways to be attractive to new businesses". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of June, 2011 on the following vote: AYES: NOES: ABSENT: ABSTAIN YATES. BORCHARD. JOHNSON, LEAGE, SMUKLER NONE NONE NONE ATTEST: ® (-a - JAMIE BOUCHER, Deputy City Clerk 0 RESOLUTION NO.39-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CONTINUING THE FISCAL YEAR 2010/11 BUDGET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has duly passed the Fiscal Year (FY) 2010/11 budget; and WHEREAS, the presentation of the FY 2011/12 operations budget has been delayed; and WHEREAS, the FY 2010/11 budget ends on June 30, 2011; and WHEREAS, the City Council deems it appropriate to continue the operation of City services until the passage of the FY 2011/12 budget; and WHEREAS, Government Code Section 29088(b) allows entities to pass a Resolution, continuing the prior year's operating budget for up to 60 days. ® NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the FY 2010/11 operating budget is continued for 60 days (August 30, 2011), or until the FY 2011/12 operating budget is adopted, whichever occurs first. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 14'' day of June 2011, by the following vote: AYES: NOES: ABSENT: YATES, BORCHARD, JOHNSON, LEAGE, SMUKLER NONE NONE e Boucher, Deputy City Clerk RESOLUTION NO. 38-11 RESOLUTION AUTHORIZING EXECUTION OF THE "DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES" FOR THE CITY'S APPLICATION FOR CALIFORNIA DISASTER ASSISTANCE ACT PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay sustained damages from the March 11, 2011 Tsunami; and WHEREAS, on March 15. 2011 the City Council adopted Resolution No. 21-11 declaring the existence of a local emergency; and WHEREAS, on March 18, 2011 City staff met with FEMA and Cal EMA representatives to provide initial costs estimates and documentation of damages sustained within the City of Morro Bay as a result of the March 11, 2011 Tsunami; and WHEREAS, Cal EMA notified agencies that disaster relief funding applications for the March 11, 2011 Tsunami would be accepted until May 16, 2011; and WHEREAS, the Cal EMA application includes OES Form 130 "Designation of ® Applicant's Agent Resolution for Non -State Agencies". This form designates by title City staff that can act as the City's Authorized Agent on behalf of the City of Morro Bay to apply for the disaster relief financial assistance and to complete any necessary forms and paperwork required relating to the disaster relief request; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City Clerk is hereby authorized to execute the attached "Designation of Applicant's Agent Resolution for Non -State Agencies" (OES Form 130) Designating the City Manager or, The City Finance Director, or the City Attorney as the Applicant's authorized agents. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 24 day of May, 2011 on the following vote: AYES: NOES: ABSENT Borchard, Leage, Johnson, Smukler, Yates None None ATTEST: BRIDGETT KESSL G, City Jerk OES Form 130 Instructions When completing the OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows: Resolution Section: Governing Bodv: This is the individual or group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors, City Council; Board of Supervisors; etc. Name of Applicant: This is the official name of the agency, city, county. or state organization that has applied for the grant. Examples include: Sacramento Public Water Works; City of Sacramento; Sacramento Count; or California Hiahwav Patrol. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with FEMA and OES regarding grants applied for by the Applicant. There are two ways of completing this section: Titles Only: If the Governing Body so chooses. the titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If Titles Only is the chosen method. this document should be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency (e.g.: City clerk, the Authorized Agent. Secretary to the Director, etc.) and does not require the Governing Bodv s signature. l . Names and Titles: If the Governing Body so chooses. the names and titles of the Authorized Agents should be listed. ® This will require a new OES Form 130 if any of the .Authorized Agents are replaced or leave the position listed on the document. Governing Body Representative: These are the names and titles of the approving board members. Examples would include Chairman of the Board, Director, Superintendent, etc. These typically will.not be the Authorized Agent. Check Boxes: Select either Universal (this resolution applies to all open and future disasters) or Disaster Specific (this resolution applies only to the specified disasters. If Disaster specific, fill in the blank with the disaster numbers for which this resolution applies. Certification Section: ]Fame and Title: This is the individual that was in attendance and recorded the resolution creation and approval. Examples will include City Clerk. Secretary to the Board of Directors; County Clerk, etc. This person should not be one. of the Authorized Agents to eliminate any concerns with possible "Self Certification." DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE Morro Bav Citv Council OF THE City of Morro Bay (Governing Body) (Name of Applicant) THAT the City Manager OR (Title of Authorized Agent) the City Finance Director , OR (Title of Authorized Agent) the Citv Attornev (Title of Authorized Agent) is hereby authorized to execute for and in behalf of the Citv of Morro Bav a public entity (Applicant) established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988,.and/or state financial assistance under the California Disaster Assistance Act. THAT the City of Morro Bav a public entity established under the laws of the State of California, (Name of Applicant) hereby authorizes its agent(s) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. ❑X This is a universal resolution and is effective for all open and future disasters. ❑ This is a disaster specific resolution and is effective for only disaster number(s) Passed and approved this 24" day of May 2011 William Yates Mayor Georee Leaee. Councilman (Jame and Title of Governing Body Representative) (Name and Title of Governing Body Representative) Carla Borchard. Councilwoman . Noah Smla:kler. Councilman (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) Nancv Johnson. Councilwoman (Name and Title of Governing Body Representative) 161"Illy""i WIN I, Brideett Kesslins , duly appointed and City Clerk of (Name) (Title) itv of Morro Bav , do hereby certify that the above is a true and correct copy of a (Name of Applicant) resolution passed and approved by the City Council of the Ciri of Morro Bav (Governing body) (Name of Applicant) on the 24th day of May 2011 City Clerk (Signature) (Title) 11 RESOLUTION NO. 37-11 AUTHORIZING THE HARBOR BUSINESS MANAGER TO IMPLEMENT A MONTHLY PAYMENT OPTION FOR EMBARCADERO LEASEHOLDERS TO ASSIST WITH CASH FLOW AND TO RETAIN EMBARCADERO BUSINESSES 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 City Tidelands leases and properties; and, WHEREAS, the local, California and national economies continue to feel the effects of one of the worst economic recessions in the last 30 years, which has impacted many local businesses and resulted in vacancies on the City Tidelands lease properties; and, WHEREAS, vacancies on Tidelands lease properties harm the City wide business environment and reduce direct rents received by the City in the form of percentage of gross sales rent collections; and WHEREAS, the City Council of the City of Morro Bay desires to implement a monthly payment option to Embarcadero Leaseholders that are in compliance with their lease agreements in an effort to assist with cash flow and retain Embarcadero businesses. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Harbor Business Manager is hereby authorized to implement a monthly payment option for Embarcadero Tidelands Leaseholders. The monthly payment option will be available only to Leaseholders that are in compliance with their Lease Agreement, and will not be made available to Leaseholders operating under a County Lease Agreement. The monthly payment option will require that payment be due the first of each month and that a ten percent penalty will be charged if payment is not received by the 10 s of each month. Leaseholders who do not remain in compliance with the monthly payment deadline may be subject to a notice of default of the Lease Agreement. Leaseholders will receive written notification detailing the conditions and payment deadlines of the monthly payment option. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 24 day of May, 2011 on the following vote. AYES: NOES: ABSENT Borchard, Leage, Johnson, Smukler, Yates None None ATTEST: ® 1� BRIDG T KESS ING, C ri Clerk ® RESOLUTION NO.36-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF MORRO BAY FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE EMERGENCY SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FOR FISCAL YEARS 2012-2014 THE CITY COUNCIL City of Morro Bay, California WHEREAS,; and the County of San Luis Obispo ("County"), a political subdivision of the State of California, and the City of Morro Bay ("City") a municipal corporation, desire to participate in the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, said program will promote the public health, safety and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate -income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing -related facilities, or ® services; and WHEREAS, the City desires to participate jointly with the County in said program; and WHEREAS, HUD requires that the parties enter into a cooperation agreement to define their rights and obligations as a prerequisite of participation in the CDBG program; and WHEREAS, the proposed cooperation agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and WHEREAS, the proposed cooperation agreement will promote the public health, safety and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development's CDBG program under an "urban county" entitlement; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available; and WHEREAS, the City and County enter into yearly subrecipient agreements which establish administrative policies and procedures, performance standards, and guidelines for funding specific CDBG programs and projects; and E ® WHEREAS, the proposed cooperation agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council .of the City of Morro Bay, California, as follows: 1. The City Council hereby approves and authorizes the Mayor to enter into a cooperation agreement with the County to enable joint participation in HUD's CDBG program. 2. The City Manager or her designee is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, ongoing operation of the CDBG program, and other activities necessary to carry out the intent of the cooperation agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of May, 2011 on the following vote: AYES: Borchard, Leage, Johnson, Smukler, Yates NOES: None ® ABSENT: None ATTEST: El I 0 RESOLUTION NO. 35-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON. DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS TAX LIENS AGAINST THE PROPERTIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Sections 8.16.170 and 8.16.375 of the Morro Bay Municipal Code establish that all places and premises in the City in or on which solid waste is created, accumulated or produced must use the solid waste collection and disposal service provided by the City's franchisee and that the franchisee is responsible for collecting fees for the service; and WHEREAS, Section 8.16.170 of the Municipal Code also states that for the purposes of establishing responsibility for the payment of fees and charges, the person who has applied for water service to each place or premises within the City is responsible for paying for the service, and that the owner of the property which is furnished service, and the customer who applies for service, if different from the property owner, shall jointly be responsible for the payment of all rates, charges and fees including penalties and that unpaid obligations shall run with the land and shall lead to. delinquency for the property involved; and WHEREAS, Section 8.16.385 of the Municipal Code further provides a method by which the franchisee may take actions to collect fees from the owners of properties involved in delinquent solid waste collection and disposal accounts which includes requesting the City to file a tax lien; and WHEREAS, the franchisee, Morro Bay Garbage Service, has taken the actions required within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated . herein, and has provided the required list of debtors whose account is still delinquent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the San Luis Obispo County Assessor is hereby authorized to assess the amounts due on delinquent accounts as established and certified by the franchisee Morro Bay Garbage Service as liens against the properties listed below: E C E 11 Parcel Number Total Amount 068-217-007 $ 121.32 OW204-021 $ 98.82 068-291-009 $ 239.32 065-118-001 $ 99.69 068-271-017 $ 82.58 065-046-014 $ 321.88 066-023-012 $ 500.43 066-092-009 $ 530.45 068-246-005 $ 358.86 065-061-009 $ 121.32 066-201-070 $ 233.20 065-053-027 $ 423.42 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of May 2011 by the following vote: AYES: Borchard, Johnson, Smukler NOES: Leage, Yates ABSENT: None ATTEST: 1 04 ® RESOLUTION NO. 34-11 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC PEDESTRIAN PURPOSES ALONG THE EAST FRONTAGE OF KENNEDY WAY AT 962 PINEY WAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, on March 11, 2011 a Building Permit and Regular Coastal Development Permit, B00-029-347XPO-000-314 was issued to_construct and remodel St. Timothy's Church both interior and exterior with main entrance changes at 962 Piney Way; and . WHEREAS, the East frontage of Kennedy Way at 962 Piney Way requires an offer of dedication to the City for public pedestrian easement purposes, and WHEREAS, the Owner, Thomas Riordan has made an irrevocable and perpetual offer to dedicate the required 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 I O'h day of May 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None III � .�. _ c. .) E WILLIAM YATES, ® RESOLUTION NO.33-11 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 10, 2011, prepared in accordance with Article 4 of the Act, commencing with Section 22565; and ® WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by City ordinance to install improvements for which an assessment district was required in order to assure continued and uninterrupted maintenance of the North Point Natural Area; and WHEREAS, pursuant to the intent of Article XIII, Section 4, of the California Constitution, the property owners have elected to form the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held June 28, 2011 at 6:00 p.m. in the Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at the North Point Natural Area are specified in the Engineer's Report dated May 10, 2011 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 2011/12. 11 RESOLUTION 33-11 PAGE PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 10 s of May, 2011 by the following roll call vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: EXHIBIT "A' CITY OF MOP,RO EAY ® NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 20 1.10 ACC 1p y 082 y' 22 NO AREA WB4 rl ASSESSMENT DIAGRAM NORTH POINT NATURAL AREA LEGEND i. = LOT NUMBER iO COUNTY ASSESSORS PARCEL NUMBER 5. TRACT 2110 15 1 5 21 a`r 14 55 ACi t ® RESOLUTION NO.32-11 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 10, 2011, 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 X1I1, Section 4, of the California Constitution, the property owners have elected to form the Cloisters Landscaping and Lighting Maintenance Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the annual levy and collection of assessments for the Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown in Exhibit "A" attached hereto at a public hearing to be held June 28, 2011 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 10, 2011, 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 2011/12. l RESOLUTION 32-11 PAGE 2 ® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 10`h day of May, 2011 by the following roll call vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: C WILLIAM Y F PARCEL i northerly coiner122 of tract 1998 Pa�s�sr"� � N 1" = 400' -- E V �l Y Y H DTA 0 ® RESOLUTION NO.31-11 RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR RIGHT OF WAY AND PUBLIC UTILITY PURPOSES ALONG THE EAST SIDE OF QUINTANA ROAD AT SOUTH BAY BOULEVARD THE CITY COUNCIL City of Morro Bay, California WHEREAS, on September 9, 2010 a Building Permit and Regular Coastal Development Permit, B00-029-214/CPO-000-298 was issued to construct a cellular tower at 1475 Quintana Road; and WHEREAS, a conflict arose regarding the precise location of the Northerly Quintana Road Right of Way line; and WHEREAS, the reconstruction of Sewer Lift Station 3 requires adequate right of way for said facilities; and WHEREAS, the City requested an Offer of Dedication for right of Way and Public Utility purposes; and ® WHEREAS, the Owner, Transformation Ministries has made an irrevocable and perpetual offer to dedicate the required 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 10t' day of May 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None WILLIAM YATES, _, . GAR !"W4I 4.v� C • 1� � P f� ® RESOLUTION NO.30-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE CITY TO PARTICIPATE IN THE FRANCHISE TAX BOARD'S CITY BUSINESS TAX PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, In order to increase revenues in the City's Business Tax (License) Division the City may exchange data with the California Franchise Tax Board (FTB); and WHEREAS, this agreement allows the Franchise Tax Board and the City to enter into a reciprocal agreement to exchange tax data specific to city business license information for tax administration purposes; and WHEREAS, California Revenue and Taxation Code (R&TC) Section 19551.5 mandates cities to provide city business tax data to FTB. R&TC 19551.1 authorizes a reciprocal agreement for the exchange of city business tax and income tax information between a city and the FTB; and WHEREAS, the City agrees that the information provided by FTB will be used ® exclusively to administer the City's business tax program; and WHEREAS, the City agrees that information obtained under this Agreement will not be reproduced, published, sold or released in original or in any other form for any purpose; and only accessed by City employees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, by signing Reciprocal Agreement (STD 213) by an authorized signatory, Morro Bay will participate in the Franchise Tax Board's City Business Tax Program. Be it further resolved that the City Manager is authorized to execute said Reciprocal Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of April, 2011 on the following vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None Ak „ t .. D ( KESS1�� ® RESOLUTION NO.29-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA 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 a property Landscaping and Lighting Maintenance Assessment District encompassing and coterminous with the proposed subdivision to provide for the maintenance of a natural area, parking lot, landscaping, decomposed granite and asphalt walkways, and coastal access stairway and other common area improvements to be held by or dedicated to the City of Morro Bay as required by the Morro Bay Municipal Code 16.16.030; and WHEREAS, these conditions are more specifically identified in the Precise Plan (condition Fl-F7); and ® WHEREAS, the Owners of the real property within the proposed district consented to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22608.2 et seq.), and are the only owners of property to be subject to assessments within the district; and WHEREAS, the Owners of real property within the proposed district offered in fee and in perpetuity, Lot 11 of Tract 2110, and the City has agreed to said Offer of Dedication, provided that the cost of maintenance of thereof is borne by an assessment district as required by the Conditions of Approval of the project; and WHEREAS, one hundred percent (100%) of the property owners approved formation of the District to assure conformance with the recently enacted "Right to Vote on Taxes Act" (Proposition 218, California Constitution Act XIII, C & D). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that 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. 29-11 Page 2 2. The improvements to be subject to assessment for maintenance by such District shall include those enumerated in the conditions of project approval and in Streets and High ways Code Section 22525 which are installed by the developer as a condition of approval of Tract 2110 or which are hereafter installed by developer; pursuant to the Final Improvement Plans for the North Point Project as approved by the City. 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 10, 2011 City Council meeting. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12t6 day of April, 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ® ABSENT: None ATTEST: J BOUCHER, Deputy City Clerk Ll WILLIAM YATES, ® RESOLUTION NO.28-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA 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 is WHEREAS, the Owners of the real property within the proposed district have consented in writing to the formation of the district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.), and are the only owners of property to be subject to assessments within the district; and WHEREAS, the Owners of real property within the proposed district have offered to dedicate in fee and in perpetuity, Lot 121 (Parcel 1) and Lot 122 of Tract 1996, and the City has agreed to accept said Offer of Dedication, provided that the cost of maintenance of thereof shall be borne by an assessment district as required by the Conditions of Approval of the project; and WHEREAS, one hundred percent (100%) of the property owners approved formation ofthe district to assure conformance with the recently enacted "Right to Vote on Taxes Act' (Proposition 218, California Constitution Act XlH C & D); and that: is NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay a. 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.) 1] Resolution No. 28-11 Page 2 b. 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. c. 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. d. An Engineer's Report will be prepared for consideration at the May 10, 2011 City Council meeting. e. 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 on the 12t° day of April, 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: J BOUCHER, Deputy City Clerk E WILLIAM YATES, ® RESOLUTION NO. 27-11 APPROVAL OF AMENDMENT #6 TO THE LEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W, LOCATED AT 833 EMBARCADERO, BEWTEEN THE CITY OF MORRO BAY AND VIOLET LEAGE 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, in 2007 the Morro Bay City Council directed staff to put out a request for proposals for development of said Lease Site; and WHEREAS, on September 24, 2007 the City Council designated Burt -Caldwell and Doug Redican as primary proposer for said Lease Site; and WHEREAS, on March 10, 2011 the City notified Mr. Caldwell that that due to ® failure to adequately respond to the City's requests for information on lease negotiation issues, the City determined to terminate further negotiations for the lease at 801-833 Embarcadero; and WHEREAS, the existing lease agreement with Violet Leage for Lease Site 87- 88/87W-88W, located at 833 Embarcadero, expires on December 31, 2011; and WHEREAS, the City and Ms. Leage have agreed to a lease amendment that will extend the term of the lease agreement until March 31, 2018, will change notification requirements, add a 10% penalty for late rental payment, change percentage of gross sales rent on bar/cocktail lounge sales and includes a schedule for repairstimprovements to the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Amendment 96 to the lease agreement for Lease Site 87- 88/87W-88W, located at 833 Embarcadero is hereby approved and that the Mayor is hereby authorized to execute said Amendment. 0 ® Resolution No.27-11 Page Two PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 12 day of April, 2011 on the following vote: AYES: Borchard, Johnson, Smukler, Yates NOES: None ABSENT: None ABSTAIN: Leage /7404M!M ehxj�— JkdIE BOUCHER, Deputy City Clerk 11 ® RESOLUTION NO.26-11 APPROVAL OF A ONE-YEAR LICENSE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND LIMO AND COURTNEY LONG, DOING BUSINESS AS SOUTH BAY HOOKERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the manager and lessor of certain properties on the Morro Bay Waterfront described as City Tidelands properties; and WHEREAS, Limo and Courtney Long, doing business as South Bay Hookers have been operating a small baiting service for local groundfish boats on a portion of City Tidelands property west of the Harbor/Commercial Fisherman's storage area; and WHEREAS, South Bay Hookers are providing a needed service to our local groundfish fishermen and low-income jobs to 7-15 people per month; and WHEREAS, the City and South Bay Hookers have agreed to a one-year license ® agreement that requires South Bay Hookers to abide by all local and state regulations in addition to obtaining liability insurance naming the City as additional insured. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the license agreement with Limo and Courtney Long, doing business as South Bay Hookers is hereby approved, and that the Harbor Business Manager is hereby authorized to execute said license. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of April, 2011 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: AMIE BOUCHER, Deputy City Clerk ® RESOLUTION NO.25-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DECLARING THE INTENTION TO CONTINUE THE PROGRAM AND ASSESSMENTS FOR THE 2011/12 FISCAL YEAR FOR THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et seq., of the California Streets and Highway Code authorizes cities to establish and review business improvement areas of the purpose of promoting tourism; and WHEREAS, on April 13, 2009, the City Council held a public hearing and first reading of Ordinance 546 to establish the Morro Bay Tourism Business Improvement District (MBTBID), and approved Ordinance 546 at its April 27, 2009 meeting; and WHEREAS, the advisory board has requested the renewal of the TBID for the 2011/12 fiscal year to continue its activities; and ® WHEREAS, all other findings of Ordinance 546 to establish the TBID remain unchanged; and WHEREAS, on April 12, 2011, staff presented the annual report for the fiscal year 2009/10 (the first year of the TBID), the adopted budget for 2010/11, and the budget plan for 2011/12, all of which are attached to this Resolution as Exhibits A, B, and C; and WHEREAS, the annual report and budget plan generally describe the activities to be advertising, public relations, and marketing activities, which attract and extend overnight stays in Morro Bay hotels; WHEREAS, it is the intention of the City Council to levy and collect 3% assessments from the hoteliers within the TBID for the 2011/12 fiscal year; and WHEREAS, the City Council conducted a public meeting on April 12, 2011, to affirm the annual report and budgets, and set the public hearing date for May 10, 2011, at 6:00 p.m. (or soon thereafter as possible) in the Morro Bay Veterans Memorial Hall located at 209 Surf Street, Morro Bay, California according to California Streets and Highway Code Sections 36524 and 36525; and E ® Resolution No. 25-11 Page Two WHEREAS, on May 10, 2011, the City Council conducted a public hearing regarding the renewal, of the TBID for the 2011/12 fiscal year, at which affected businesses had the opportunity to protest the TBID renewal, with the following results: FOR: AGAINST: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That the above recitations are true and correct, and incorporated herein by reference. 2. That the City Council, having affirmed the annual report and budgets on April 12, 2011 at a regular meeting, declares its intention to renew the Morro Bay Tourism Business Improvement District for the 2011/12 fiscal year, and to levy and collect 3% assessments from hoteliers. ® PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 10's day of May, 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None E AT LIAM YATES, CITY OF MORRO BAY STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET & ACTUAL MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE YEAR ENDED JUNE 30, 2010 Revenues: Taxes & special assessments Investment earnings Expenditures: Consulting services Promotion & advertising TV ads - central region ® TV ads - other region Print ads - south region Print ads - central region Print ads - other region Promotion - media Promotion - other Advertising production/design Other Excess(deficiency) of revenues over expenditures Other Financing Sources(Uses): Operating transfers in (out) Excess(deficiency) of revenues & other sources over expenditures & other uses Fund Balances, July 1 ® Fund Balances, June 30 Budgeted Amounts Original Final $ 480,000 480,000 10,000 40,000 9,000 40,000 70,000 70,000 70,000 10,000 10,000 150,000 1,000 480,000 $ 480,000 :•nxa�ni 10,000 40,000 9,000 40,000 70,000 70,000 70,000 10,000 10,000 150,000 1,000 480,000 Actual Amounts (Budgetary Basis) $ 380,375 1,069 5,230 29,745 8,250 15,769 61,096 37,672 62,858 1,588 10,000 129,767 99 362,074 19,370 $ $ 19,370 47,260 $ 66,630 Variance with Final Budget Positive (Negative) $ (99,625) 1,069 (98,556) 4,770 10,255 750 24,231 8,904 32,328 7,142 8,412 20,233 901 .117,926 19,370- $ 19,370 ATTACHMENT A 1 11 CITY OF MORRO BAY 2010/11 ADOPTED ANNUAL BUDGET MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT Beginning cash balance Revenues from: Assessments Expenditures for capital outlay: Advertising production/design Billboard Booking agent County VCB support Events Internet advertising Print ads Public relations Social media Trade shows/public outreach TV ads Visitor Center Website Contingency Other Total expenditures Transfers to General Fund for AGP Revenues over (under) expenditures and net transfers Ending cash balance 2009/10 2010/11 2008/09 Amended Adopted Actual Budget Budget $ - $ 471260 $ 471260 48,682 480,000 320,000 - (10,000) (10,000) - (24,000) (24,000) - (11,000) (11,000) - (24,000) (20,000) - (8,000) (15,000) - (94,000) (40,000) - (90,000) (50,000) - (11,000) (10,000) - (10,000) (10,000) - (20,000) (5,000) - (56,000) (20,000) - (20,000) (50,000) - (15,000) (15,000) - (42,000) (24,000) (1,422) (51,000) (10,000) (1,422) (480,000) (314,000) (6,000) 47,260 - $ 47,260 $ 47,260 $ 47,260 ATTACHMENT B ] \, J CITY OF MORRO BAY 2010/11 ADOPTED ANNUAL BUDGET MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT Beginning cash balance Revenues from: Assessments Interest Expenditures for capital outlay: Advertising production/design Billboard Booking agent Consulting services County VCB support Events Internet advertising Print ads Promotion and advertising Public relations Social media Trade shows/public outreach TV ads Visitor Center - funding/fulfillments Website Contingency Other Total expenditures Transfers to General Fund for AGP Revenues over (under) expenditures and net transfers Ending cash balance 2010/11 2011/12 2008/09 2009/10 Amended Proposed Actual Actual Budget Budget $ - $ 47,260 $ 65,561 65,561 48,682 380,375 320,000 380,000 - 1,069 - 500 48,682 381,444 320,000 380,500 - (129,767) (10,000) (10,000) (24,000) (24,000) (11,000) (11,000) (5,230) (20,000) (36,000) (15,000) (40,000) (40,000) (40,000) (161,626) (50,000) (60,000) (39,745) (10,000) (10,000) (1,588) (10,000) (15,000) (5,000) (5,000) (24,019) (20,000) (20,000) (50,000) (70,000) (15,000) (10,00b) - (24,000) (15,000) (1,422) (99) (10,000) (8,000) (1,422) (362,074) (314,000) (374,000) (6,000) (6,000) 47,260 18,301 - $ 47,260 $ 65,561 $ 65,561 65,561 ATTACHMENT C ® RESOLUTION NO.24-11 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO VESSEL PUMPOUT INSTALLATION GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay installed a vessel sewage pumpout station at the Tidelands Park dock in 1995; and, WHEREAS, the City of Morro Bay is desirous of upgrading and improving the vessel pumpout/dump station facility at Tidelands Park dock to meet the needs of the boaters and to provide access to these facilities; and, WHEREAS, the Department of Boating and Waterways (DWB) has awarded a grant of $15,000.00 for the purchase and installation of a new vessel pumpout/dump station facility at Tidelands Park dock. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ® Morro Bay, California, that the City of Morro Bay is hereby authorized to enter into contract 910-107-715 with DBW for purchase and installation of a vessel pumpout/dump station; and BE IT FURTHER RESOLVED, that Harbor Operations Manager Eric Endersby is hereby authorized to act as the City's agent in regard to all aspects of the grant agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at regular meeting thereof held on the 12th day of April, 2011 on the following vote: AYES: NOES: ABSENT ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None �v�r J BOUCHER, Deputy City Clerk E ® RESOLUTION NO. 23-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING HINDERLITER, DE LLAMAS & ASSOCIATES TO RETAIN COUNSEL TO INTERVENE IN THE CASES OF CITY OF BRISBAA'E, ET AL, V. CALIFORNIA STATE BOARD OF EQUALIZATION (BOE) AND DOES 1-500, AND TO REPRESENT THE CITY OF MORRO BAY'S INTERESTS IN THESE CASES 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 of local sales and use tares: and WHEREAS, pursuant to Resolution No. 15-11 the City of Morro Bay designated authorized representatives, one of which is Hinderliter, de Llamas and Associates (HdL Companies): and ® WHEREAS, HdL Companies has advised the City of the cases of City of Brisbane, et al, v. California State Board of Equalisation (BOE) and Does 1-500 whose petition to redistribute local sales tar prospectively and retroactively could result in sales tax loss to the City, and WHEREAS, it is in the City's best interests to oppose these cases to protect its sales tax revenues: and WHEREAS, HdL Companies has offered to retain counsel on behalf of all of its clients to intervene and represent their interests in these cases for a fee not to exceed $1,500 per client. NOW, THEREFORE IT IS RESOLVED, that the City Council of the City of Morro Bay authorizes HdL Companies to retain counsel to intervene in the cases of City of Brisbane, et at, v. California State Board of Equalization (BOE) and Does 1-500, represent the City's interests in these cases, direct the actions of counsel in these cases, and settle or otherwise resolve these cases in our interest. LET IT FURTHER BE RESOLVED that the City Council of the City of Morro Bay direct the City Manager to complete HdL Companies' form Authorization — Motion to ® Intervene. ® Resolution No. 23-11 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 22nd day of March, 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler NOES: None ABSENT: Yates u 11 i •• ® RESOLUTION NO. 22-11 RESOLUTION OF THE CITY COUNCIL OF THE CITYOFMORRO BAY, CALIFORNIA IN SUPPORT OF THE APPLICATION FOR A TRANSPORTATION PLANNING GRANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State of California has established a Transportation Planning Grant to fund coordinated transportation and land use planning that promotes public - engagement, livable communities, and a sustainable transportation system, which includes mobility, access, and safety; and WHEREAS, in September 2008, Gov. Arnold Schwarzenegger signed into law Assembly Bill 1358, the Complete Streets Act requiring, after January 1, 2011, cities and counties, when updating the part of a local general plan that addresses roadways and traffic flows, to ensure that those plans account for the needs of all roadway users; and WHEREAS, the City of Morro Bay desires to provide an improved and sustainable transportation network for its citizens; and IsWHEREAS, the Low Impact Development Center has agreed to assist the City with the preparation of and match funding for this Grant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Public Services Director is authorized to pursue the application for this Grant and to enter into a contract with Caltrans on behalf of the City in the event that the application is successful. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22"' day of March, 2011 on the following vote: AYES: Borchard, Johnson, Leage, Smukler NOES: None ABSENT: Yates SMUKL Vice -Mayor ATTEST: RESOLUTION NO.21-11 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY IN 2011 THE CITY COUNCIL City of Morro Bay, California WHEREAS, a 9.0 earthquake near Japan resulted in a tsunami watch early on Friday March 11, 2011; and WHEREAS, the tsunami watch was upgraded to a tsunami warning and the City of Morro Bay and County of San Luis Obispo each opened their Emergency Operations Center; and WHEREAS, the tidal surges resulting from the earthquake created damages that are beyond the control of the services, personnel, equipment and facilities of the City; and WHEREAS, Morro Bay Municipal Code Chapter 8.08 provides for the City Council to declare the existence of a local emergency upon the request of the Director of Emergency Services, Ms. Andrea Lueker; and WHEREAS, the Director of Emergency Services has made such a request; and ® WHEREAS, immediate action by the City of Morro Bay is required to protect life and public and private property from imminent danger or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by this natural disaster; and WHEREAS, the Director of Emergency Services determined that locally available resources are likely inadequate to cope with the emergency conditions, and said Director has authorized and directed a request to the Governor of the State of California and the President of the United States to proclaim a "state of emergency"; and WHEREAS, the City Council of the City of Morro Bay must first declare a local emergency afterwhich the State of California will consider our request for declaration of a "state of emergency"; and WHEREAS, the City Council of the City of Morro Bay, California, on the 15t° day of March, 2011 held a SPECIAL EMERGENCY MEETING to consider necessary action to remedy the disaster. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: ® 1. That tidal surge conditions commencing on March 11, 2011 and continuing through and beyond March 11, 2011 have resulted in damage to property including both public and private piers, docks and related infrastructure and vessels; and C Fj Resolution No. 2 1 -11 Page Two 2. That these tidal surge conditions constitute the existence of a "Local Emergency"; and 3. That these tidal surge conditions also consitute a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services; and 4. These tidal surges also constitute a potential of significant lost revenues from businesses in Morro Bay that were unable to operate due to evacuation of water front areas and/or damaged facilities. 5. That said Director is directed to mobilize any and all resources necessary and available to mitigate said emergency in accordance with the powers and authorities provided in said Chapter 8.08 of the City's Emergency Plan and other measures as deemed necessary and appropriate. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a special meeting thereof held on the 15 day of March, 2011 on the following vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None BRIDGE T IZESS ING, City lerk RESOLUTION NO. 20-11 A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY APPROVING THE is AND MAP FOR A 2-LOT RESIDENTIAL SUBDIVISION KNOWN AS PM MB 08-0019 AND ACCEPTING THE ASSOCIATED RIGHT OF WAY DEDICATION AND ABANDONMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, on September 15, 2010 the Planning Commission did hold a public hearing, received public testimony, and after closing the public hearing fully considered the various issues surrounding the case; and WHEREAS, the Planning Commission did approve the Tentative Map for Parcel Map PM MB 08-0019, and associated development applications, subject to certain Conditions of Approval; and WHEREAS, the 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 Parcel Map; and WHEREAS the applicant has offered to dedicate the area required for right of way purposes; ® and WHEREAS the applicant has requested abandonment of a portion of the Main Street right- of - way no longer needed for public purposes; 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 approves the final map for Parcel Map PM MB 08-0019 and accepts the associated dedication and abandonments of a public pedestrian easement. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 8t° day of March 2011, by the following vote: AYES: NOES: ABSENT: Borchard, Johnson, Leage, Smukler, Yates None None ATTEST 1 BRiDGETT(&Esk1l9, I� it I rl -- p--ppr: rr ^i•r•f••r••=r rl a = i I r- �� _= 90% oil- - a Jar I � Y�_ I�� .4'?5 .Jt.p'J.00S � w =•tiJi u� fro rN y = � L4,6664,1,:,lJee„ ., I l iil i ('i i l l l l l �I rf PFFfp�.^p RESOLUTION NO. 19-11 C E RESOLUTION IDENTIFYING THE PAYMENT SCHEDULE AND TRACKING OF FUNDS FOR THE REPAYMENT OF THE SALE OF THE PACIFIC/MARKET STREET PROPERTIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council designated City owned real properties at the Comer of Pacific and Market and at 781 Market Street, California for sale pursuant to Government Code section 37350, and after receiving no protests passed and adopted Resolution 51-09 by a unanimous vote; and WHEREAS, the City negotiated for the sale of the properties at 781 Market and at the Comer of Pacific and Market Street for the principal sum of $1,500,000.00; and WHEREAS, the buyer agreed to pay the principal amount of $1,500,000.00, together with all interest, in installment payments as follows: • The amount of $245,000 was paid at the close of escrow. • The amount of $37,650.00 shall be paid by 12/13/11. • The amount of $50,200.00 shall be paid by 12/31/12. • The amount of $99,389.28 shall be paid by 12/31/13 thm 12/3119. • The amount of $996,102.66 shall be paid by 12/31/20. WHEREAS, on January 25, 2011, the City Council designated the net proceeds at the close of escrow in the sum of $201,812.00, to the General Fund Deferred Maintenance Account; and WHEREAS, the City Council desires to make certain that the annual payments from the sale of the properties at 781 Market and the comer of Pacific/Market are not encumbered or used by Staff without City Council approval. NOW, THEREFORE, it is hereby declared, that the above referenced payments from the sale of the properties at 781 Market Street and the comer of Pacific and Market Street shall not be appropriated or used in any manner without the City Council's review and approval. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of March, 2011 by the following vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None ® RESOLUTION NO.18-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY RECOGNIZING THE MONTEREY CYPRESS AS THE OFFICIAL CITY TREE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bav has been an official "Tree City' for over 21 years; and WHEREAS, many Tree Cities have established an Official City Tree; and WHEREAS, City of Morro Bay supports information, education, and social events to honor the natural beauty of Morro Bay; and WHEREAS, the Morro Bay Citizens Tree Committee and Morro Bay Beautiful facilitated by the `Bay News" conducted a city wide poll; and WHEREAS, the Citizens of Morro Bay voted for what tree they thought represented the isCity of Morro Bay; and WHEREAS, nearly 500 Citizens of Morro Bay voted for the following trees as candidate for City Tree: Monterey Cypress 193 Red Flowering Eucalyptus 83 Avocado 71 Channel Island Oak 67 Blue Gum Eucalyptus 28 Canary Island Date Palm 19 Write-ins: Coastal Redwood 3 Arbutus Marina 2 Monterey Pine 2 Coast Live Oak 1 Sequoia Redwood 1 Fremontia 1 Ginko 1 Total Votes 472 D ® WHEREAS, the Monterey Cypress is a coastal California Native, was planted by the City's founding fathers, and is found throughout the city and surrounding countryside; and WHEREAS, having an official City Tree does not mean the City of Morro Bay will plant that Monterey Cypress throughout the City, as a street tree or on public property; and WHEREAS, the City will provide maintenance for those Official City Tree within the City's Rights of Way as stipulated in Chapter 12.08 of the Municipal Code for the City of Morro Bay; NOW THEREFORE, BE IT RESOLVED, Based on the final results of the public voting process, and the recommendations of Morro Bay Volunteer Tree Committee, the City Council of doe hereby recognize the Monterey Cypress (Cupressus macrocarpa) as the Official City Tree of Morro Bay; PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of March 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ® ABSENT: AYFEST: A,� BOUCHER, DEPUTY CITY CLERK u RESOLUTION NO. 17-11 is OF OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DESIGNATING $500,000 IN PARKING IN LIEU FUNDS FOR FORTY (40) PARKING SPACES AT 714 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, In -Lieu Parking Fees were established. codified as Morro Bay Municipal Code Section 17.44.020 A7, as a means through which public parking can be provided where it is unfeasible to provide such parking as part of on -site development projects; and WHEREAS, the property located at the Comer of Pacific and Market Street was purchased by the City using $500,000 Parking In Lieu Funds and was dedicated as a parking lot with 40 parking spaces. Subsequently, the City determined that this property was underutilized because of its location away from the Embarcadero and Downtown area and has recently sold the property; and WHEREAS, now that the property at the Comer of Pacific and Market has been sold, it is necessary and appropriate to designate a project for the use of the $500,000 In -Lieu Parking Fee Fund consistent with the requirements of said section 17.44.020 A7 and Government Code section 66001(d); and ® WHEREAS, the property located at 714 Embarcadero was purchased by the City in 2002 using general funds and currently provides the City with 60 parking spaces that are unencumbered by the Parking In Lieu Fund; and WHEREAS, monies accumulated in said Parking In Lieu Fund are to be used for designated public parking tasks and the designation of 40 parking spaces at 714 Embarcadero is a good and valuable use of Parking in Lieu Funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the real property located at 714 Embarcadero is hereby designated as a Parking In Lieu Fund project in the amount of $500,000 and includes forty (40) parking spaces. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of February 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ® ATTEST: JAMIE BOUCHER, DEPUTY CITY CLERK ® RESOLUTION NO.16-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING SUBMISSION OF PROPOSITION 1B PUBLIC TRANSPORTATION MODERiNIZATION, IMPROVEMENT AND SERVICE ENHANCEMENT ACCOUNT GRANT APPLICATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Public Transportation Modernization, Improvement, and Service Enhancement Account Program (PTMISEA) was created by Proposition 1 B, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006; and WHEREAS, of the $19.925 billion available to Transportation, $3.6 billion dollars was allocated to PTMISEA to be available to transit operators over a ten-year period; and WHEREAS, funds in this account are appropriated annually by the Legislature to the State Controllers Office (SCO) for allocation in accordance with Public Utilities Code formula distributions: 50% allocated to Local Operators based on fare -box revenue and 50% to Regional Entities based on population; and WHEREAS, the Regional Entities share of PTMISEA funds are distributed by the San Luis ® Obispo Council of Governments (SLOCOG) on a competitively basis; and WHEREAS, in January 2011, the SLOCOG issued a Call for Projects for the FY 2010/2011 through FY 2013/2014 Regional Entities share of funding; and WHEREAS, PTMISEA funds may be used for transit rehabilitation, safety or modernization improvements, capital service enhancements or expansions, new capital projects, bus rapid transit improvements, or rolling stock (buses and rail cars) procurement, rehabilitation or replacement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Public Services Director or his designee is authorized to submit an application for PTMISEA funds for the City's Corporation Yard Modernization project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of February, 2011 on the following vote: AYES: NOES: ABSENT: Borchard, Johnson, Leage, Smukler, Yates ATTEST: JAMIE BOUCHER, DEPUTY CITY CLERK ® RESOLUTION NO. 15-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS 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 of local sales and use taxes; and WHEREAS, pursuant to Resolution No. 44-02 the City of Morro Bay entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local 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 sales and transactions and use tax records of the Board pertaining to sales and transactions and use taxes collected by the Board for the City; 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 sales or 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 transactions and use tax records. NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: Section 1. That the Mayor, Council Members, City Manager, Administrative Services Director, City Treasurer, Senior Accounting Technician, and Permit Technician, or other officer or employee of the City designated in writing by the City Manager or Administrative Services Director to the State Board of Equalization (hereafter referred to as Board), are hereby appointed to represent the City with authority to examine all of the sales or transactions and use tax records of the Board pertaining to sales or transactions and use taxes collected for the City by the Board of Equalization pursuant to the contract between the City and the Board under the Bradley -Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law. The information obtained by examination of Board records shall be used only for purposes related to the collection of 0 City sales or transactions and use taxes by the Board pursuant to the contract C E Resolution No. 15-11 Page Two Section 2. That Hinderliter, de Llamas and Associates is hereby designated to examine the sales and transactions and use tax records of the Board pertaining to sales and transactions and use taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the City to examine sales and transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from those sales and transactions and use tax records only to the officer or employee authorized under Section 1 (or Section 2) 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; d) is prohibited by that contract from retaining the information contained in, or derived from those sales and 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 sales and transactions and use taxes by the Board pursuant to the contracts between the City and the Board of Equalization. Section 3. That this Resolution supersedes all prior sales and transactions and use tax Resolutions of the City of Morro Bay adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 8i° day of March 2011, by the following vote: AYES: NOES: ABSENT: Borchard, Johnson, Leage, Smukler, Yates None None I' I_ Wis Y� WILLIAM YATES, RESOLUTION NO. 14-11 ® 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, 2010 through June 30, 2011 as attached and made a part of this resolution. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the City. PASSED, APPROVED AND ADOPTED by the Morro Bay City Council at a meeting thereof held this 8'h day of March, 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: n bJ ® RESOLUTION NO. 13-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ,AUTHORIZING THE 2010/11 MID -YEAR 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 14, 2010 by Resolution No. 28-10; 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, that the operating budgets of the City of Morro Bay are amended by additional ® revenues and expenditures as shown on the attached schedule. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8`h day of February 2011, by the following vote: AYES: NOES: ABSENT: ATTEST: E Q El 7 J N O w i y v v o y v 0 0 w uof w n m m o 0 v a� �• C A N N VI y 01 O J d C C T L E U U v c v E W u A A J di < z ¢ u E vi N o 0 o M o n o 0 o n f'1 O V1 P 111 I� v DJ N t0 64 cp P O O O + M+ o u rn o 0 .-i N lA P Vl M ti M- W N N N .-1 LL O > aJ i N v m F D! 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C C J j -d U N W C p O -- O O (n N m O U O 7 N o y 2 E y Z> J t t v ¢>> m m O 0 c m 'to : m 9 a` a m a y a a N =E _ W ¢ J D� U U Z� F d d N � Y o Z m m m= o Z C Y C ti Z Z C ti t Z J a /- U O U c % _ y� m x U LL ¢ LL¢0 m m❑❑ m m❑ K W❑ m in 2 2 b b m❑ m❑ K W LL O 1 O 1[] N N m W P N H m m N m S !bO Y H N y N N N N H y i i O Q P O O m Q O O 0 W O) O N Pm N C N N m 00 H Oi m m m H m N N N ..• N O Oi Os m P v r r n N n Q b o 0 o n r N o 0 0 N Q m O O b N m N m N A W tG t�l O O m m y p b b Q N N ry_ P p O O t7 H H O O O O O O N N y N CI O t7 P � N y N N N N N N N Q m m m b N O O O O O m m N O O O r r N N O O O O O N r N Q m O O m m m � � O O O O O •- m � N O O m m m O O y y N N N O m O N N N N m Q m Q m P V. b Q m Q N m Q P r W N f w H N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o d 0 0 o y y H N o N o 0 0 0 0 w' O N y N N H H N w H O 0- 0 m O o 0 0 CDo 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 H 0 y 0 N 0 y 0 N 0 0 0 0 N N N N 0 N 0 N 0 N 0 N 0 0 a o N N N w N 10 m I Q + R 1.6 IF I5 IN O'O m O y a a e e m O O O G 9 Ol 01 a 01 m OI C F lL a G o y .g-' E m E O O O J p m p E N E o o a a 0 >o o `o m' G m Z m .t < c G (A .0 OI 2o c Z= Z n s n o of i J✓' c '^ x `q m m 0 tmG tNG m m O O H O O N N O m O a C E 0 Q y m Z C [ Z Z t C C C 2 a F °' Z Y Z Z t Z o r E> n e n> a n 0 n n m o w n a > n c c w c m o N n w a n o n a > a c ] W G O W X G G G pp O pp G X O ] ] W G Q n m G W X G G X O J LL C 0 p 0: IJ p m p p p P b m p W = w LL LL K O N N p¢ W p G p W m tJ LL LL O o ro m m m N O) f N O w O 0 O O m n m N 0 0 m O O N M N m m N m H H H w N N N w N w w w w b O 0 0 b O ++ N N n o 0 0 o m o 0 0^ 'n n m - O m w b m o o m w o m m n o n ry f n n of m di m 0 r m w H H H H D o n o 0 0 o n 0 O O N O O O O N O 0 m m O O O O m O n m n m o m H w w H o m w N N N N N N H w D o n 0 0 0 0 r o O O N O O O O N O O O N O O O O N O H H m m H w w w b N w H H 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 o O o d d d .= 0 0 o n m m o n c m of of 0 0 N H m N o N m N N H m N w H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 w w w H H H w w w 0 0 0 0 0 o p o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o n w N N N H N! N r O N O o m O E E o v [o c o m E o¢ m a u LL ] Z E y 2 N iy N N ` j LL 0 m- J .� C J L Z z LL 19 f f a 0 t5 ] m > N >N O N W d m d d d m W W d d W 0 m r C C ti C C Z Z C C Z w F a a W A p p A A y) A R N A W W A O A W m m a 0 ii O n n0❑ n 0❑0 W W❑ m m❑ W mo u'i li a d C � O � C b O U 0 W a m ® a c 0 E o� W c 9 O _ m a c F_ D d na O = y Q m L O W U c G c c E O W L. �' ❑ C eJ c a = d Sao m O � F- L c > Z o m y O C = U W co V U ii ¢ 0 0 0 w Iwl :kl O O O w O H OM O 0 bl0 N N N 0 wRII O IO 0 1.0 [ ml m ro o F O ❑ m❑ E° E ° ° o m o o q o c 9 ❑ m o d d d O d E O¢ 0 Q p O V C V V C V LL C C d E 0 V C V LL j C _ _ m O m an d m = O O m O m C LL O O? O O O O N O C O C G n J O LL Z pu Ep 0 Z C O d R C d )V (� _V U m U ` C E 9 W U m` O G C V E W E = J t Q O a o 0 a y U h n n D 9 a a= m a E = a O a a= a E = c 3 m 3 c c c c c c c '- 0 N N N Vf t� r n A 0 m O N N h m O d' c c c c c c~ c c~ 'o _G Z c �' c c~ 'o m m N V V O O d d d O N G G N d i O N O d E vl G O Vi O O W E E E E E E E E E E W E E E E - Z C C C C C C C C Z Z C C Z c F Z Z C Z Z C C Z O F R > O. C W O 0 0 U U W U O 0 O W X O P N G X O X = ] W O n r O W X tl P tl X d X J LL LL' ❑ n n❑❑ n❑❑ n❑❑ N❑ K W❑ m 0❑ W K W LL LL K 0 M N O K W❑ m❑ W ¢ W LL LL City Council Resolution No. 2063 Annual Water Progress Report & Residential Allocation for 2004 It Page 2 3. Authorize allocation of 130% of the residential water equivalency units to commercial and industrial projects, within the priority categories consistent with the current Local Coastal Plan and General Plan policies: 4. The potential for rolling over unused water allocations to next year is not precluded by this action. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 8th day of February, 2011 by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None WILLIAM YA ® ATTEST: BRIDGE KESSL G, City k 11 RESOLUTION NO. 11-11 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADDING TO AND AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING REGULAR MEETING TIMES AND PLACING ITEMS ON THE AGENDA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Council Policies and Procedures Manual for the City of Morro Bay is a combination of City Council actions, policies, references, and information regarding the City Council; and WHEREAS, to ensure that all Councilmembers are familiar with and understand the City of Morro Bay's philosophies and policies regarding serving on the City Council, the City of Morro Bay adopted Resolution 46-02 and its Council Policies and Procedures Manual on August 12, 2002; and WHEREAS, the City desires to amend Section 1.1.2 to the Council Policies and Procedures Manual in regard to the date of the City Council Regular Meetings and to amend Section 1.2.2 of the Council Policies and Procedures Manual in regard to placing an item on the agenda, as follows: ® 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the second and fourth Menday Tuesday of each month beginning at 6:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (MBMC 2.08.010). Exeept :n the easeof an efnergeney- a A regular meeting can only be cancelled by an .,a:_. atiye vote ef after polling the majority of the Council in favor of the cancellation. at --a (Reso. 23-06), (part) 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the "Declaration of Future Agenda Items" section of the regular agenda. If a majority of the Council approves, staff will prepare a staff report for the next available agenda if formal Council ® action is required. Other -wise, the •' mbmaking the e.- is ibeus ef the diseession.(Rese. 5n 03) (part ® If only one other Council Member supports hearing the item, an item will be listed on the next available agenda. to eensider the fnat4ef of whether- .t the r,...neil will take tip the item itself The Council Member who made the request for the agenda item shall be responsible for providing the Council report and the Council will take no action on the substance of the matter at this seeend review unless there is adequate public notice and information is provided for the Council to make an informed decision. If rnese. 54 ^", (part`. If no other Council member supports hearing the item, the item will not be placed on the agenda. Pursuant to Policv 1.2, the Mayor_ is resnonsible for establishing the Agenda and may place an item on the agenda without Council support. In such a situation the Mayor, or Council Member who the Mayor is accommodating shall be responsible for providing a Mayor or Council Report. NOW, THEREFORE, be it resolved that the City Council of the City of Morro Bay does hereby amend Section 1.1.2 and Section 1.2.2 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 25th day of January 2011 by the following vote: AYES: Johnson, Leage, Yates NOES: Borchard, Smukler ABSENT: None T u •�, � l i . C, I ww (a- WILLIAM YATES, P RESOLUTION NO. 10-11 CREATION OF A DEFERRED MAINTENANCE ACCOUNT TO PROVIDE FUNDING SUPPORT FOR THE MANAGEMENT OF REAL PROPERTY ASSESTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City's management of real property assets has lacked the resources to adequately support a deferred maintenance account for all scheduled real property; and WHEREAS, the City is in need of a funding source to address the City's infrastructure, and the most ready source of funding at this time is the surplus revenue from the sale of 781 Market Street Morro Bay California; and WHEREAS, City staff would establish a new fund for General Fund Deferred Maintenance (DMF) and would transfer approximately $201,000 from the initial payment of said property with future contributions by City Council directive or encumbrance; and WHEREAS, deferred maintenance is a direct responsibility of the maintenance division of the Recreation and Parks Department which has prepared the included priority list of maintenance tasks to be completed utilizing the allocations from the DMF or other readily available resource; and WHEREAS, the financial management plan for the DMF would follow current procedures for interest bearing funds managed by the Director of Administrative Services under the direction of the City Manager with City Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the Administrative Services Director set up s new fund for General Fund deferred maintenance and transfer approximately $201,000 in said account from the proceeds of the sale of 781 Market Street, Morro Bay California 93442. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25a, day of January, 2011 on the following vote: AYES: NOES: ABSENT: Borchard, Johnson, Leage, Smukler, Yates None None RESOLUTION NO.08-11 A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY ® MAKING THE FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT UPO-307 AND COASTAL DEVELOPMENT PERMIT CPO-339 FOR THE WASTEWATER TREATMENT PLANT PROJECT City Council City of Morro Bay, California WHEREAS, on January 11, 2011 the City Council did hold a public hearing, received public testimony, both written and oral, and after closing the public hearing fiilly considered the various issues surrounding the case; and WHEREAS the City Council made findings as follows for the approval of a Coastal Development Permit and Conditional Use Permit: The City Council finds that the use, a wastewater treatment facility, is an allowable use in the M-I (Light Industrial) district as it has been determined that the use is similar and consistent with the General Plan and Local Coastal Plan. That the project (Wastewater Treatment Plant) is an allowable use within the M-I Zone District and is also in accordance with the certified Local Coastal Program and the General Plan for the City of Morro Bay based on the analysis and discussion in the attached staff report; and The establishment, maintenance, or operation of the use applied for will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use as the project ® is consistent with all applicable zoning and plan requirements as indicated in the attached staff report; and The use will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City since the project, as conditioned, will be conducted consistent with all applicable City regulations, as indicated in the attached staff report; AND NOW, THEREFORE, BE IT RESOLVED that the recitations are true and correct and constitute the finding of the City Council on this matter and that the City Council hereby approves Coastal Development Permit CPO-339 and Conditional Use Permit UPO-307 for the Morro Bay—Cayucos Wastewater Treatment Plant Upgrade Project subject to the conditions as contained Exhibit B. PASSED AND ADOPTED by the Planning Commission of the City of Morro Bay, Califomia, at a regular meeting held on the I lb day of January 2011, by the following vote: AYES: Borchard, Johnson, Leage, Yates NOES: Smukler ABSENT: None ABSTAIN: None WILLIAM YATES, ATTEST: J BOUCHER, Deputy City Clerk RESOLUTION NO. 07-11 ® A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY MAKING THE FINDINGS OF FACT FOR THE CERTIFICATION OF THE MORRO BAY CAYUCOS SANITARY DISTRICT WASTEWATER TREATMENT PLANT PROJECT EH2 THE CITY COUNCIL City of Morro Bay, California WHEREAS, on January 11, 2010 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; and WHEREAS, public meetings were held on October 4, 2010, October 14, 2010 and October 28, 2010 for taking public input on the draft EIR and WHEREAS, the City Council made findings required by the California Environmental Quality Act (CEQA) and the City of Morro Bay procedures for implementation of CEQA; and WHEREAS the City Council adopted the findings of fact as stated in Attachment 3 required for the approval of the Morro Bay Cayucos Sanitary District Wastewater Treatment Plant Project EK NOW, THEREFORE, BE IT RESOLVED that the recitations are true and correct and constitute the findings of the City Council on this matter and that the City Council hereby recommends certification of the *Morro Bay-Cayucos Wastewater Treatment Plant Upgrade Final Environmental Impact Report dated December 2010 PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the I I`s day of January 2011, by the following vote: AYES: Borchard, Johnson, Leage, Yates NOES: Smukler ABSENT: None ABSTAIN: None WILLIAM YATES, ATTE T: J BOUCHER, Deputy City Clerk ® RESOLUTION NO.06-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING A SUBLEASE AGREEMENT BETWEEN M&M REFRIGERATION AND MORRO BAY OYSTERS FOR A PORTION OF LEASE SITE 144/144W, LOCATED AT 1287 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 144/144W, located at 1287 Embarcadero; and, WHEREAS, M & M Refrigeration, owned by Charles and Sandra Marciel, is the lessee of said property; and WHEREAS, M&M Refrigeration has requested City Council approval. of a sublease agreement for a portion of Lease Site 144/144W with Morro Bay Oyster Company, operated by Neal Maloney. The Consent to Sublease has been signed by both parties and a copy of the sublease agreement has been provided to the City along with a statement of qualifications from Neal Maloney of Morro Bay Oyster Company; and ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the sublease agreement for a portion of Lease Site 144/144W between M&M Refrigeration, Charles and Sandra Marcial owners, and Morro Bay Oyster Company, Neal Maloney, operator is hereby approved, and that the Mayor is hereby authorized to execute the Consent to Sublease document on behalf of the City. PASSED AND ADOPTED b� the City Council of the City of Morro Bay at a regular meeting thereof held on the 11 day of January, 2011 on the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: Aamibu=,- MAW BOUCHER, Deputy City Clerk u Ll U1 CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE by and between referred to as TENANT, and pr(q dba, iT1aft)_ O f cn,h approved by th Ci of Morro Bay,iiifon ;REEM NT is entered into this day of M 2 ua }i' o r hereinafter nerematter reteried to as SUBTENANT and hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on KI.J.3 fl v , 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, urns due by reason of SUBTENANTs activities under the terms of the Master Lease dated _ NoU �3, I X hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANTS portion of rent due to CITY. 2. SUBTENANT acknowledges receipt of a complete copy of the Master Lease and all amendments thereto and specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees 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 term of the sublease attached as Exhibit A shall be years commencing upon execution of said lease provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in. advance of their location at all times. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency, including but not limited to those items listed in Exhibit 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. The proposed use by SUBTENANT is as follows: — hgl 10C -4oriki for -4-o4ri)t h'if 04.Jcf tat spce- -6 hall -links RArtil'm s-cisht-, igvd Lefrp-d 4v,'14Tenf. Percentage of Gross Rental Applicable to Permitted Use: J Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use subject to those penalties set forth in the Master Lease. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. 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 experience and agrees to'submit current personal and business financial statements upon request and further agrees too submit such documents as part of the CITY's consideration of the consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 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 CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Page 2 of 3 Ll A 11 Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. 9. While TENANT completes installation of a new gangway on said Lease Site, SUBTENANT may board passengers from the City gangway adjacent to the dockage area until June 1, 2011. No extension for use of the City gangway shall be granted without approval by the City Council. 10. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement: 11. 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. 12. 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. TENANT: SUBTENANT: M & M Refrigeration Morro Bay Oyster Company CITY OF MORRO BAY: % G " we'c mC40(-\P1 v Page 3 of 3 LJ 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 SUBLEASE AGREEMENT 5= rttiM This Sublease Agreement ("Sublease") is made as of the day of 2011, by and between MARLES and SANDRA MARCIEL doing business as M&M REFRIGERATION ("SA IM) and MORRO BAY ANER COMPANY, a California Limited Liability Company ("Subtenant'. RECITALS This Sublease is made with regard to the following facts: A. Sublandlord is the tenant under a lease (the "Master Lease') dated November 23, 1998, and as amended on November 13, 2000; December 10, 2001 and March 27,2007, with THE CITY OF MORRO BAY, a municipal opporation of the State of California (the Master Landlord"). A copy of that Master Lease is attached to this Sublease s Exhibit A. Under the Master Lease, Sublandlord leases Lease Site 144/144W as delineated on Parcel Map of the City of Moro Bay No. 68-30, which map was recorded on October 10,1968, in Book 3, Page 10 of Parcel Maps in the Office if the County Recorder, San Luis Obispo County, California ("the Premises'). On the Premises, there is a building ocated at 1287 Embarcadero, Morro Bay, California ("the Building"). B. Subtenant desires to sublease from Sublandlord part of the western portion of the Building on Lease Site 144W consisting of a space approximately 20' x 26 (the "Subleased Premises'). The Subleased Premises are generally lepicted on the diagram attached to this Sublease as Exhibit B. Sublandlord has agreed to sublease the Subleased ?remises to Subtenant on the terns, covenants and conditions stated in this Sublease. NOW, THEREFORE, in consideration of the mutual covenants contained in this Sublease, and for valuable ;onsideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows: 1. Sublease. Sublandlord subleases to Subtenant and Subtenant subleases from Sublandlord the Subleased Premises, subject to the terms, covenants and conditions contained in this Sublease. Sublandlord and Subtenant agree that the Subleased Premises contains approximately 520 rentable square feet of space. 2. Term Subject to the conditions set forth in sections 19 and 20 below, the terms and provisions of this shall be effective between Sublandlord and Subtenant as of the date of this Sublease. The term of this Sublease continence on February 1, 2011, and will expire, unless sooner terminated as provided in the Master Lease, on January 31, 2012. in no event shall the expiration date of the Sublease exceed the termination date of the Master Lease. The term may be extended subject to agreement of the parties. 3. Rent. Subtenant will pay rent during the term of this Sublease in the amount of Four Hundred Dollars (S400.00) per month, payable monthly in advance on the lust day of each month. In the event that the term of this Sublease begins or ends on a date that is not the first day of a month, base rent will be prorated as of that date. 4. Utilities. Subtenant will pay to Sublandlord any increase in utilities (gas, water, electrical, garbage) charges attributable to Subteoant's use of the Subleased Premises. 5. Use. Subtenant agrees to use the Subleased Premises in the operation of its aqua farming business including but not limited to the installation of a "Wet Holding" system and for no other purpose. 6. Master Lease As applied to this Sublease, the words "City" and "Tenant" in the Master Lease will be deemed to refer to Sublandlord and Subtenant, respectively, under this Sublease. The covenants, agreements, provisions and conditions of the Master Lease — to the extent that they relate to the Subleased Premises and to the extent that they are not inconsistent with the terms of this Sublease — are made a part of and incorporated into this Sublease as if recited in full in this Sublease. The rights and obligations of the Master Landlord and the Tenant under the Master Lease will be deemed the rights and obligations of Sublandlord and Subtenant, respectively, under this Sublease, and will inure to the benefit of, nd be binding om Stmlandlord mid Subtenant; respectively. As between the parties to this Sublease only, in the event. f a conflict between the terms of the Master Lease and the terns of this Sublease, the terms of this Sublease will control. 7. Performance by Sublandlord; Status of Master Lease. 7.1. Sublandlord'sPerformanceConditionedonMasterLandlord'sPerformance. Subtenantrecognizes rat Sublandlord is not in a position to render any of the services or to.perform any of the obligations requiredofMaster andlord by the tercets of the Mater Lease. Therefore, despite anything to the contrary in this Sublease, Subtenant agrees rat performance by Sublandlord of its obligations under this Sublease is conditioned on performance by the Master andlord of its corresponding obligations under the Master Lease, and Sublandlord will not be liable to Subtenant for ny default of the Master Landlord under the Master Lease. Subtenant will not have any -claim against Sublandlord based on the Master Landlord's failure or refusal to omply with any of the provisions of the Master Lease unless that failure or refusal is a result of Sublandlord's act or ailure to act. Despite the Master Landlord's failure or refusal to comply with any of those provisions of the Master ,ease, this Sublease will remain in full force and effect and Subtenant will pay the base rent and additional rent and all rther charges provided for in this Sublease without any abatement, deduction or setoff. Except as expressly provided n this Sublease, Subtenant agrees to be subject to, and bound by, all of the covenants, agreements, terms, provisions and :onditions of the Master Lease, as though Subtenant was the Tenant under the Master Lease. . 7.2. Obtaining Master Landlord's Consent. Whenever the consent of the Master Landlord is required tinder he Master Lease, and whenever the Master Landlord fails to perform its obligations under the Master Lease, Sublandlord rgrees to use its reasonable, good faith efforts to obtain, at Subtenant's sole cost and expense, that consent or )erformance on behalf of Subtenant. 7.3. No Existing Defaults. Sublandlord represents and warrants to Subtenant that the Master Lease is in full 'orce and effect, and Sublandlord has neither given nor received a notice of default under the Master Lease. 7.4. Preservation of Master Lease. Sublandlord agrees not to terminate the Master Lease voluntarily, or nodify the Master Lease in a [Wanner that adversely affects Subtenant's rights under this Sublease. Subtenant and Sublandlord will each refrain from any act or omission that would result in the failure or breach of any of the covenants, provisions or conditions of the Master Lease on the part of the Tenant under the Master Lease. 8. Notices. Any notice that may or must be given by either party under this Sublease will be delivered (a) personally, (b) by e-mail, or (c) by a nationally recognized overnight courier, addressed to the party to whom it is intended. Any notice given to Sublandlord or Subtenant shall be sent to the respective address set forth on the signature page below, or to such other address as that party may designate for service of notice by a notice given in accordance with the provisions of this section 8. A notice sent pursuant to the terms of this section 8 shall be deemed delivered (a) when delivery is attempted, if delivered personally, (b) when sent, if by e-mail, or (c) the day following deposit with a nationally recognized overnight courier. 9. "As -Is." Sublandlord will deliver the Subleased Premises to Subtenant in their current "as is" condition, except that Sublandlord agrees to repair or replace damaged flooring, to check and repair as necessary structural members, to fix wall comers, to repair or replace damaged or missing roof sections, to provide electrical service consisting of three phase, lights, 110V volt outlets and to reconstruct the ramp down to the dock 10. Access. Sublandlord will provide Subtenant access to the Subleased Premises from the dock, ramp, side door and driveway. 11, Security. Sublandlord agrees to provide to Subtenant an acceptable method for Subtenant to secure the Subleased Premises. 12. Signage. Sublandlord agrees to allow Subtenant to place on the Building mutually acceptable signage at a mutually acceptable location. _ . Lf1 13:' - In�,ermtty. Subtenant agrees :o'protect, defend, mdemnify and. hold Sublandlord harmless from and gaiasi`any and all liabilities, claimms, expetaes, losses and d�izocs (including re:souable attorney fees and casts), that nay at any time be asserted against Sublandlordby (a) the Master Landlord for failure of Subtenant to perform any of he covenants, agreements, terms, provisions of conditions contained in the Master Lease that Subtenant is obligated to perform under the provisions of this Sublease; or (b) any personas a result of Subtenant's use or occupancy of the 4lhkcdPremises, except to the extent any of the foregoing is caused by the negligence or willful misconduct of ;mWlord. The provisions of this section 9 will survive the expiration or earlier termination of the Master Lease or his Sublease. 14. Insurance. Subtenant shall secure and maintain dining the entire term of this Sublease insurance as equired by Section 7.02 of the Master Lease. 15. Cancellation of Master Lease. In the event the Master Lease is canceled or terminated for any reason, )r involuntarily surrendered by operation of law before the expiration date of this Sublease, Subtenant agrees, at the sole 3ption of the Master Landlord, to attom to the Master Landlord for the balance of the term of this Sublease and on the then executory terms of this Sublease. That attotmnent will be evidenced by an agreement in form and substance reasonably satisfactory to the Master Landlord. Subtenant agrees to execute and deliver such an agreement at any time within ten (10) business days after request by the Master Landlord. Subtenant waives the provisions of any law nor or later in effect that may provide Subtenant any right to terminate this Sublease or to surrender possession of the Subleased Premises in the event any proceeding is brought by the Master Landlord to terminate the Master Lease. 16. Assignment or Subleasing. Subject to the rights of the Master Landlord and the restrictions contained in the Master Lease in connection with a Transfer, Subtenarn is not entitled to assign this Sublease or to sublet all or any portion of the Subleased Premises without the prior written consent of Sublandlord. That consent may be withheld by Sublandlord in its sole discretion. 17. Attorney's Fees and Costs. If any legal action is necessary to enforce or interpret the terms of this Sublease, the prevailing party shall be entitled to reasonable attorney's fees, costs and other necessary disbursements in addition to any other relief to which the prevailing party is entitled - Further Further Assurances. Each party to this Sublease will at its own cost and expense execute and deliver sSfurther documents and instruments and will take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Sublease. 19. Consent of Landlord. The written consent of the Landlord to this Sublease in accordance with the terms of Section 10.01 of the Master Lease is a condition precedent to the validity of this Sublease. If the Master Landlord's consent has not been obtained and a copy of that consent delivered to Subtenant prior to February 1, 2011. Subtenant shall have the right to terminate this Sublease pursuant to a notice so stating delivered to Sublandlord Thereafter, the parties shall be released from any further obligations under this Sublease. 20. Approval of California Department of Public Health or Other Applicable Governmental Agency. The written approval of the California Department of Public Health of other applicable governmental agency to the installation of the "Wet Holding" system is a condition precedent to the validity of this Sublease. If such written approval or approvals hasthave not been obtained prior to February 1, 2011, then the effective date of this Sublease shall be delayed until Subtenant's receipt of such written approval or approvals.. If such written approval or approvals has/have not received by July 1, 2011, then Subtenant shall have the right to trt•riate this Sublease pursuant to a notice so stating delivered to Sublandlord. Thereafter, the parties shall be released from any further obligations under this Sublease. The pm iPs have executed this Sublease( as of the date specified above. >UBLANDLORD: CHARLES MARCIEL Mailing Address of Sublandlord: M&M Refrigeration 1287 Embarcadero Morro Bay, California 93442 E-Mail Address of Sublandlord: SUBTENANT: MORRO BAY OYSTER COMPANY, a California Limited Liability Company By *ItsManagi=ngMember ONEY Mailing Address of Subtenant 1254 Scott Street Morro Bay, California 93442 E-Mail Address of Subtenant: neal@nwrrobayoysters.com LA 17 LID RESOLUTION NO. 05-11 ® RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF MORRO BAY FIREFIGHTERS THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which the City of Morro Bay may elect to subject themselves and their employees to amendments to said Law; and . WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the City Council of the City of Morro Bay a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: ® To provide Section 20475 (Different Level of Benefits); Section 21363.1 (3% @ 55 Full formula); and Section 20037 (Three -Year Final Compensation) applicable to local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby give notice of intention to approve an amendment to the contract between the City of Morro Bay and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11te of January, 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None ATTEST: JAMIE BOUCHER, Deputy City Clerk �J Ca1PERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Morro Bay The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed June 1, 1965, and as amended effective August 15, 1981, November 19, 1983, January 7, 1989, June 24, 1989, June 22, 1991, June 10, 1994, June 9, 1998, October 17, 1998, April 13, 2000, June 22, 2002, September 13, 2002, June 21, 2003, September 27, 2003, July 1, 2006, June 2, 2007 and May 31, 2008 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective May 31, 2008, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members, age 50 for local police members and for those local fire members entering membership in the fire classification on or prior to the effective date of this amendment to contract ® and age 55 for local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract. C� r LEASE GO NOT SIGN " EXHIBi T ONL(" 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's_ election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. ® (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of ® Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. U PLEASE DO NOT SIGN "EXHI T Oi'-'. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: ® a. ELECTED OFFICIALS; b. APPOINTIVE COMMISSIONS; AND C. PERSONS COMPENSATED ON AN HOURLY BASIS. 6. This contract shall be a continuation of the benefits of the contract of the Morro Bay Fire District, hereinafter referred to as "Former Agency", pursuant to Section 20508 of the Government Code, Former Agency having ceased to exist and succeeded by Public Agency on July 1, 1965. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed Section 20508, Statutes of 1949, effective January 1, 1988. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 27, 2003 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in ® employment on or after September 27, 2003 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). E PLEASE DO NOT S1GN "EXld{S! T Gi rt' 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member and for those local fire members entering membership in the fire classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10. The percentage of final compensation to be provided for each year of credited current service as a local fire member entering membership for the first time in the fire classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20965 (Credit for Unused Sick Leave). b. Section 20042 (One -Year Final Compensation) for local miscellaneous members; local police members and those local fire ® members entering membership on or prior to the effective date of this amendment to contract. C. Section 21024 (Military Service Credit as Public Service) for local miscellaneous members and local police members only. d. Section 21574 (Fourth Level of 1959 Survivor Benefits). e. Section 20423 ("Local Safety Member" shall include Harbor or Port Police Officers as described in Government Code Section 20423). f. Section 21027 (Military Service Credit for Retired Persons) for local police members only. g. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) and Section 20037 (Three -Year Final Compensation) are applicable to local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract. n U 0 PLEASE DO NOT SlGVEh;�;S;f NO" 12. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on August 15, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 14. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. ® b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. E E u 16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. phis amendment shall be effective on the BOARD OF,ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM C BY lox LORI MCGARTLAND, CHIEF EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEESkRETIREMENT SYSTEM AMENDMENT ER# 531 PERS-CON-702A day of CITY COUNCIL CITY OF MORRO BAY l . BY S n PRESIDING OFFICER O is Q Witness Date Attest: Clerk ® RESOLUTION NO. 04-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING TRANSACTION OFFICERS FOR DOING BUSINESS WITH RABOBANK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has an ongoing banking relationship with Rabobank, a Dutch corporation, for its primary banking needs; and WHEREAS, Rabobank requires a corporate Resolution that establishes transaction officers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the following individuals are designated as transaction officers for doing business with Rabobank: William Yates Andrea Lueker Susan Slayton Laurie Goforth Cristie Brazzi Bonnie Johnson Mayor City Manager Administrative Services Director/City Treasurer Senior Accounting Technician Senior Accounting Technician Account Clerk III - Confidential PASSED AND ADOPTED bx the City Council of the City of Morro Bay, at a regular meeting thereof held on the 11 day of January 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None WILLIAM YA ✓' BNt - BOUCHER, Deputy City Clerk ® RESOLUTION NO.03-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, 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 the idle funds of the City to maximize the 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. 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 AND ADOPTED by the City Council of the City of Morro Bay, on the 11'h day of January, 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None WILT LEI J1AM YATES, M o ® JANdIt BOUCHER, Deputy City Clerk CITY OF MORRO BAY INVESTMENT POLICY JANUARY 2011 PURPOSE 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 Government Code Sections: California Government Code Sections 53600 to 53609 govern the investment of local agency funds. Legis/ative 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. 1 Liquidity: The second objective is the liquidity of the portfolio. The portfolio should remain sufficiently flexible to enable the City_ to meet the operating requirements that 10 are reasonably anticipated. In order to ensure 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. Yield: 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 avoiding 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. to 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 shall 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. u z Delegation of Authority. The following positions and corresponding City personnel are ® delegated the power to invest the funds of the City: City Manager: Andrea Lueker Admin Services Dir/Treasurer: Susan Slayton Senior Accounting Technician: Laurie Goforth Senior Accounting Technician: 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. 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. Internal Controls: These are designed to ensure that the assets of the City are protected from theft, loss, or misuse. Such internal controls that 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. 3 SUITABLE AND AUTHORIZED INVESTMENTS Authorized Investment Types: The City, by virtue of California Government Code Sections 10 53600 — 09, has the ability to invest in 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); 7. Passbook savings accounts; and 8. Repurchase agreements and reverse repurchase agreements. 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 resultinzero interest accrual if held to maturity; 4. Stock; and 5. Futures or options. 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 instrumentsi•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%. �4 ®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 Portfolio: As part of the monthly portfolio performance report that is provided to the City Council, a weighted average maturity (WAM) of the portfolio is 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 ACTIVITY 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 is prior to maturity. 5 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 counterparty to the transaction, the custodial bank if the . bank was not a counterparty to the transaction, publicly available publications such as The Wall 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. Investment 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. 3 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: A 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 7 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. 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 policy 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 M 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. 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.4ov/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. LAIF: Local Agency Investment Fund, the State of California's investment pool in which cities, counties and special districts may participate. 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 9 (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. 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. Repurchase Agreements: A repurchase agreement is a form of short-term borrowing for dealers in government securities, which are highly valued and thus considered a good source of collateral. The dealer sells the government securities to investors, usually on an overnight basis, and buys them back the following.day. Investments in repurchase agreements may be made when the term of the agreement does not exceed one year. 10 ®Risk: Two of the most common risks associated 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. E 11 ® RESOLUTION NO.02-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DESIGNATING AND AUTHORIZING INVESTMENT TRANSACTION OFFICERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has cash in its possession that exceeds the amount needed for day-to-day transactions; and WHEREAS, the City of Morro Bay has an obligation to its citizens to effectively and safely manage that money while optimizing its earning potential; and WHEREAS, it is necessary to designate, via Resolution, the transaction officers who have the authority to invest the City's funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the individuals listed below are designated as ® transaction officers who are authorized to open and close investment accounts within the scope of the City's Investment Policy: Andrea Lueker City Manager Susan Slayton Administrative Services Director/City Treasurer Laurie Goforth Senior Accounting Technician Cristie Brazzi Senior Accounting Technician PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 1la' day of January 2011, by the following vote: AYES: Borchard, Johnson, Leage, Smukler, Yates NOES: None ABSENT: None !n — WILLIAM YATES, M BOUCHER, Deputy City Clerk RESOLUTION NO.01-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA TO REAFFIRM INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) AND DESIGNATE TRANSACTION OFFICERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Resolution No. 05-09, dated February 9, 2009, authorized the City of Morro Bay to continue investing funds with the State of California's Local Agency Investment Fund (LAIF); and WHEREAS, the officers, then authorized to order deposit and withdrawal of monies, and affect changes to the account, have changed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City will continue investing with LAIF, and designates the following officers to deposit and withdraw funds, and affect changes to the account: Andrea Lueker Susan Slayton ® Laurie Goforth Cristie Brazzi E City Manager Administrative Services Director/treasurer Senior Accounting Technician Senior Accounting Technician PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof, held on the 11's day of January 2011, by the following vote: AYES: NOES: ABSENT: ATTEST: Borchard, Johnson, Leage, Smukler, Yates None None i IAMIE BOUCHER, Deputy City Clerk