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HomeMy WebLinkAboutResolution 45-14 to 81-14® RESOLUTIONS 2014 NO. TITLE ADOPTED 82-14 CONSENTING TO THE INCLUSION OF THE CITY WITHIN THE PROPOSED SAN LUIS OBISPO COUNTY TOURISM MARKETING DISTRICT (SLOCTMD) 12-09-14 11 ® RESOLUTIONS 2014 NO. TITLE ADOPTED 74-14 DENYING THE APPEALS AND UPHOLD THE PLANNING COMMISSION'S APPROVAL OF COASTAL DEVELOPMENT PERMIT #CPO-417 FOR THE CONSTRUCTION OF A NEW TWO-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED SECONDARY UNIT AT 505 WALNUT STREET 11-12-14 75-14 GRANTING THE HARBOR DIRECTOR ADMINISTRATIVE AUTHORITY TO APPROVE SUBLEASES ON CERTAIN TIDELANDS TRUST MASTER LEASES 11-12-14 76-14 VOID 77-14 REGARDING THE LOCATION PREFERENCE FOR THE SITING OF A NEW WATER RECLAMATION FACILITY 12-09-14 78-14 RECITING THE FACT OF THE GENERAL MUNICIPAL ® ELECTION HELD IN THE CITY OF MORRO BAY ON THE 4TH DAY OF NOVEMBER, 2014; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 12-09-14 79-14 AMENDING RESOLUTION 42-14 BY DELETING THE HIRING FREEZE LANGUAGE RELATING TO THE REQUIREMENT TO REQUEST CITY COUNCIL PERMISSION TO REFILL VACANCIES IN VARIOUS POSITIONS AND ADDING A NEW SECTION 6. REQUIRING CITY COUNCIL APPROVAL TO INCREASE THE NUMBER OF PERS BENEFITTED BUDGETED POSITIONS 12-09-14 80-14 APPROVING PROPOSED GENERAL PLAN TEXT AMENDMENTS INCORPORATING LANGUAGE ALLOWING FOR APPROVAL OF DENSITY BONUSES CONSISTENT WITH STATE HOUSING LAW 12-09-14 81-14 APPROVING PROPOSED COASTAL LAND USE PLAN TEXT AMENDMENTS INCORPORATING LANGUAGE ALLOWING FOR APPROVAL OF DENSITY BONUSES CONSISTENT WITH STATE HOUSING LAW 12-09-14 11 ® RESOLUTIONS 2014 NO. TITLE ADOPTED 64-14 ACCEPTING A GRANT OF EASEMENT FOR SEWER PURPOSES 10-14-14 65-14 ADOPTING THE URBAN FOREST MANAGEMENT PLAN 10-14-14 66-14 ADOPTING THE AGREEMENT WITH THE MORRO BAY CONFIDENTIAL EMPLOYEES AND RELATED COMPENSATION 10-14-14 67-14 ADOPTING THE AGREEMENT WITH THE MORRO BAY MANAGEMENT EMPLOYEES AND RELATED COMPENSATION 10-14-14 68-14 ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY PEACE OFFICERS ASSOCIATION AND RELATED COMPENSATION 10-14-14 ® 69-14 ASSIGNIN'G LEASE SITE 68/68W LOCATED AT 591 EMBARCADERO TO THE VIOLE' FAMILY, LLC 10-28-14 70-14 APPROVING THE APPLICATION FOR THE CALTRANS SUSTAINABLE COMMUNITIES TRANSPORTATION PLANNING GRANT 10-28-14 71-14 AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO 2014/2015 BOATING SAFETY & ENFORCEMENT GRANT CONTRACT WITH THE STATE OF CALIFORNIA, DIVISION OF BOATING AND WATERWAYS IN THE AMOUNT OF S50,000 FOR THE PURCHASE OF TWO NEW ENGINE PACKAGES FOR HARBOR PATROL VESSEL 68 10-28-14 72-14 ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 620 AND RELATED COMPENSATION 10-28-14 73-14 ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY FIRE FIGHTERS ASSOCIATION AND RELATED COMPENSATION 10-28-14 Ll ® RESOLUTIONS 2014 NO. TITLE ADOPTED 56-14 APPROVING A SUBLEASE ON LEASE SITE 86/86W, LOCATED AT 801 EMBARCADERO, BETWEEN 801 EMBARCADERO LLC AND PETRINA-DE COCK, INC. dba VIRG'S LANDING AND CENTRAL COAST SPORTFISHING 8-12-14 57-14 ADOPTING THE 2014 SAN LUIS OBISPO COUNTY INTEGRATED REGIONAL WATER MANAGEMENT PLAN AND FINDING THAT THE PROJECT IS EXEMPT FROM SECTION 2100 ET SEQ. OF THE CALIFORNIA PUBLIC RESOURCES CODE (CEQA) 8-26-14 58-14 APPROVING AMENDMENT 1 TO THE 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 HOME INVESTMENT PARTNERSHIP PROGRAM, THE EMERGENCY SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FOR FISCAL YEARS 2015-2017 9-09-14 59-14 APPROVING A LEASE AGREEMENT WITH THE UNITED STATES COAST GUARD TO LEASE A MAINTENANCE STORAGE BUILDING LOCATED AT 1620 EMBARCADERO 9-09-14 60-14 AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO A 2014/2016 SURRENDERED AND ABANDONED VESSEL EXCHANGE CONTRACT WITH THE DIVISION OF BOATING AND WATERWAYS 9-23-14 61-14 ACCEPTING A GRANT OF EASEMENT FOR SEWER PURPOSES 9-23-14 62-14 ACCEPTING A GRANT OF EASEMENT FOR ACCESS PURPOSES 9-23-14 63-14 EXPRESSING APPRECIATION FOR THE DEDICATION ® AND PUBLIC SERVICE OF ED KREINS AS INTERIM CITY MANAGER FOR THE CITY OF MORRO BAY 9-23-14 ® RESOLUTIONS 2014 NO. I TITLE ADOPTED 49-14 APPROVING AMENDMENT 91 TO LEASE AGREEMENT FOR LEASE SITE 93-95/93W-95W BETWEEN THE CITY OF MORRO BAY AND THE HELD FAMILY TRUST AND THE SMITH W AND HANNAH W HELD FAMILY TRUST, LOCATED AT 901-915 EMBARCADERO 7-08-14 50-14 ESTABLISHING THE ANNUAL PROPOSITION 4 APPROPRIATIONS LIMIT FOR FISCAL YEAR 2014/15 7-08-14 51-14 CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, FOR THE SUBMISSION TO THE VOTERS OF THE CITY A PROPOSED MEASURE CHANGING THE TIME OF THE CITY'S GENERAL MUNICIPAL ELECTION AND IN ACCORDANCE THEREWITH REQUESTING THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE THE CITY'S SPECIAL ELECTION WITH THE SPECIAL AND GENERAL MUNICIPAL ELECTIONS HELD WITHIN SAN LUIS OBISPO COUNTY ON THAT DATE 7-08-14 52-14 DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE MORRO BAY GENERAL MUNICIPAL ELECTION` DATE MEASURE 7-08-14 53-14 MODIFYING THE MAKE UP OF THE WATER RECLAMATION FACILITY CITIZEN'S ADVISORY COMMITTEE (WRFCAC) 8-12-14 54-14 DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION DENIAL OF COASTAL DEVELOPMENT PERMIT (CPO-408) FOR THE DEMOLITION OF THE EXISTING RESIDENCE AND CONSTRUCTION OF A NEW TWO STORY SINGLE-FAMILY RESIDENCE AT 1000 RIDGEWAY AVENUE 8-12-14 55-14 APPROVING THE FORMATION OF SOUTH BAY BOULEVARD UNDERGROUND UTILITY DISTRICT - CITY AREA 8-12-14 11 ® RESOLUTIONS 2014 NO. TITLE ADOPTED 39-14 DIRECTING THE LEVY OF 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 SECTIONS 22500 ET. SEQ.) 06-24-14 40-14 DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" 06-24-14 41-14 ADOPTING THE NEGATIVE DECLARATION AND APPROVING AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2014-2019 PLANNING PERIOD APPLICANT: CITY OF MORRO BAY; CASE NO. A00-021) 06-24-14 42-14 ADOPTING THE 2014/15 FISCAL YEAR OPERATING BUDGETS 06-24-14 43-14 VOID 44-14 APPROVING THE COORDINATED GRANT APPLICATIONS FOR BOTH THE COASTAL COMMISSION LCP GRANT PROGRAM AND THE OCEAN PROTECTION COUNCIL LCP SEA LEVEL RISE GRANT PROGRAM 6-24-14 45-14 APPROVING MORRO BAY GARBAGE SERVICE BASE -YEAR RATE ADJUSTMENT APPLICATION AND ADJUSTING SOLID WASTE COLLECTION RATES 7-08-14 46-14 AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS AND RESCINDING RESOLUTION 02-13 7-08-14 47-14 ADOPTING THE 2014/15 MASTER FEE SCHEDULE 7-08-14 48-14 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 3rd ® DAY OF JUNE, 2014; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 7-08-14 ® RESOLUTIONS 2014 NO. TITLE ADOPTED 32-14 MODIFYING THE WATER ALLOCATION PROGRAM FOR 2014 05-13-14 33-14 CONTINUING THE PROGRAM AND LEVYING THE ASSESSMENTS FOR THE 2014/15 FISCAL YEAR FOR THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID) 05-27-14 34-14 REGARDING THE SITING OF A NEW WATER RECLAMATION FACILITY AND FORMATION OF A TECHNICAL REVIEW COMMITTEE 05-27-14 35-14 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 HOME INVESTMENT PARTNERSHIP PROGRAM, THE EMERGENCY SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FOR FISCAL YEARS 2015-2017 06-10-14 36-14 AMENDING VARIOUS SECTIONS OF THE CITY COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING MAYOR PRO TEMPORE 06-10-14 37-14 APPROVE THE SUBMITTAL OF A CALIFORNIA ENERGY COMMISSION 1% LOAN APPLICATION FOR UP TO S562,000 TO COMPLETE ENERGY EFFICIENT HVAC UPGRADES AND ENERGY GENERATION PROJECTS 06-10-14 38-14 APPROVING THE AGREEMENT REGARDING CONSENT TO ENCUMBRANCE FOR THE LEASE AGREEMENT FOR LEASE SITE 30W-33W LOCATED AT 201 MAIN STREET BETWEEN THE CITY OF MORRO BAY, BRUCE FOSTER & SUSAN FOSTER AND DEAN MARCHANT & CARLY MARCHANT 06-24-14 ® RESOLUTIONS 2014 NO. TITLE ADOPTED 24-14 AUTHORIZING AND DIRECTING MODIFICATIONS TO WATER CONSERVATION REQUIREMENTS O4-8-14 25-14 APPROVING THE FINAL MAP FOR TRACT 2870 FOR A 10-LOT RESIDENTIAL SUBDIVISION KNOWN AS SEASHELL ESTATES O4-22-14 26-14 APPROVING DELEGATION OF AUTHORITY FOR EXECUTING CALTRANS DOCUMENTS O4-22-14 27-14 DECLARING THE CITY'S INTENTION 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 SECTIONS 22500 ET.SEQ.) 05-13-14 ® 28-14 APPROVING THE ENGINEER'S REPORT AND DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS AND HIGHWAYS SECTIONS 22500 ET SEQ.) 05-13-14 29-14 DECLARING THE INTENTION TO CONTINUE THE PROGRAM AND ASSESSMENTS FOR THE 2014/15 FISCAL YEAR FOR THE MORRO BAY TOURISM BUSINESS \ IMPROVEMENT DISTRICT (MBTBID) 05-13-14 30-14 ADOPTING THE ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND REAFFIRM CONDITIONAL USE PERMIT (#UPO-371) FOR THE MORRO CREEK MULTI -USE TRAIL AND BRIDGE PROJECT. 05-13-14 31-14 REAFFIRMING, DECLARING AND PROCLAIMING A WATER EMERGENCY AND ADOPTION OF A STANDING WATER EMERGENCY DURING REDUCED OR NON STATE ® WATER DELIVERY PERIODS; AND RESCINDING RESOLUTION NO. 64-09 05-13-14 ® RESOLUTIONS 2014 NO. TITLE ADOPTED 17-14 AUTHORIZING AND DIRECTING A FIVE YEAR TIME SCHEDULE FOR THE DEVELOPMENT, DESIGN, PERMITTING AND CONSTRUCTION OF A NEW WATER RECLAMATION FACILITY SERVING MORRO BAY 02-25-14 18-22 APPROVING THE MORRO BAY PARTNERSHIP POLICY 03-11-14 19-14 APPROVING THE PURCHASE OF RIGHT OF WAY AND AUTHORIZING THE MAYOR TO ACCEPT THE OFFER OF DEDICATION/GRANT OF EASEMENT (PUBLIC RIGHT OF WAY) FROM DYNEGY MORRO BAY LLC 03-11-14 20-14 REESTABLISHING THE CHAMBER OF COMMERCE ECONOMIC AND BUSINESS DEVELOPMENT AGREEMENT AND WORK PLAN FOR FY 2013/14 04-8-14 ® 21-14 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 SECTIONS 22500 ET SEQ.) 04-8-14 22-14 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 SECTIONS 22500 ET SEQ.) 04-8-14 23-14 DETERMINING ISSUANCE OF AN ABC PERMIT FOR AN ON -SALE WINE BAR AND TASTING ROOM LOCATED AT 845 EMBARCADERO, SUITE H WOULD SERVE THE PUBLIC CONVENIENCE AND NECESSITY 04-8-14 n lJ ® RESOLUTIONS 2014 NO. TITLE ADOPTED 10-14 CALLING A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2014 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON TUESDAY, JUNE 3, 2014; AND OTHER ELECTION MATTERS AS REQUIRED BY LANK' 01-28-14 11-14 AUTHORIZATION FOR THE CITY OF MORRO BAN' TO ENTER INTO 2013/2014 BOATING SAFETY & ENFORCEMENT GRANT CONTRACT WITH THE STATE OF CALIFORNIA, DIVISION OF BOATING AND WATERWAYS IN THE AMOUNT OF S11,000 FOR PURCHASE OF A NEW HARBOR PATROL VESSEL ® TRAILER 1-28-14 12-14 ASSIGNING LEASE SITE 30W-33W LOCATED AT 201 MAIN STREET TO BRUCE FOSTER & DEAN MARCHANT AND APPROVING A NEW 20 YEAR MASTER LEASE AGREEMENT FOR LEASE SITE 30W-33W BETWEEN THE CITY OF MORRO BAY AND BRUCE FOSTER AND DEAN MARCHANT 01-28-14 13-14 AUTHORIZING THE 2013/14 MID -YEAR AMENDMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT BUDGETS 02-11-14 14-14 APPROVING THE 2013 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR 2014 02-11-14 15-14 AUTHORIZING AND DIRECTING THE INSTALLATION OF STOP SIGNS ON FRESNO AVENUE AND MARINA STREET 02-11-14 16-14 ESTABLISHING A POLICY TO GUIDE THE 9 INSTALLATION OF STOP SIGNS 02-11-14 r RESOLUTIONS 2014 NO. TITLE ADOPTED 01-14 RESCINDING RESOLUTION 57-13 (RELATING TO 2783 CORAL AVENUE IN MORRO BAY, CALIFORNIA) 01-14-14 02-14 AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO 2014/2016 ABANDONED WATERCRAFT ABATEMENT FUND CONTRACT WITH THE DIVISION OF BOATING AND WATERWAYS O1-14-14 03-14 AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO 2014/2016 VESSEL TURN -IN PROGRAM FUND CONTRACT WITH THE DIVISION OF BOATING AND WATERWAYS O1-14-14 04-14 ADOPTING THE AGREEMENT WITH THE MORRO BAY MANAGEMENT EMPLOYEES AND RELATED COMPENSATION 01-14-14 ® 05-14 ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY POLICE EMPLOYEES AND RELATED COMPENSATION O1-14-14 06-14 ADOPTING THE CITY OF MORRO BAY'S CLIMATE ACTION PLAN AS WELL AS THE ASSOCIATED NEGATIVE DECLARATION AS A QUALIFIED CAP O1-14-14 07-14 APPROVING CONDITIONAL USE PERMIT (#UPO-371)- THE MORRO CREEK MULTI -USE TRAIL AND BRIDGE PROJECT AND THE ASSOCIATED NEGATIVE DECLARATION 01-14-14 08-14 AUTHORIZING SUBMISSION OF APPLICATION TO THE RURAL TRANSIT FUND GRANT PROGRAM O1-28-14 09-14 ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY TREASURER TO INFEST IDLE FUNDS 01-28-14 ® RESOLUTION NO.81-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING PROPOSED COASTAL LAND USE PLAN TEXT AMENDMENTS INCORPORATING LANGUAGE ALLOWING FOR APPROVAL OF DENSITY BONUSES CONSISTENT WITH STATE HOUSING LAW THE CITY COUNCIL City of Morro Bay, California NVHEREAS, the City of Morro Bay desires to amend the COASTAL LAND USE PLAN Section 2, policy CA to allow for density bonus considerations in association with affordable housing: and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, it is the purpose of the Morro Bay Coastal Land Use Plan to establish the kinds; location; and intensity of land uses, and the applicable resource protection and development policies for the use of land in the City of Morro Bay; and ® WHEREAS, it is important to have clear. consistent, and easy to interpret policies within the General Plan; and WHEREAS, Government Code Section 65915 requirements for the adoption of a density bonus program to facilitate and encourage the maximum build -out of available sites has been modified in 2005 (SB 1818); and WHEREAS, amendment of the Coastal Land Use Plan is necessary prior to codifying the provision of density bonuses in residential land use districts and .-Ml bring the Zoning Ordinance into compliance with the above cited Government Code sections: and WHEREAS, the proposed amendments to the Coastal Land Use Plan are exempt from further environmental review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) Guidelines under the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and Section 15265(c) which exempts approval of Coastal Land Use Plans pursuant to the California Coastal Act: and WHEREAS, allowing for density bonuses in residentially designated areas has no potential for causing a significant effect on the environment, as any development would be subject to the provisions of the City's Zoning Ordinance and Local Coastal Program and all City development standards; and E City Council Resolution No. 81-14 GP Amendment ttA00-018 Page 2 WHEREAS, the Planning Commission reviewed the proposed amendments at its regularly scheduled meeting of October 21, 2014 and has recommended approval of the amendments to City Council; and WHEREAS, the amendments as presented are consistent with the intent of the City of Morro Bay's General Plan and Coastal Land Use Plan and are necessary to implement the adopted 2009 Housing Element and remain in compliance with the State of California Housing Law; and WHEREAS, the City Council held a duly noticed public hearing to amend the Coastal Land Use Plan on December 9, 2014 at which all interested persons were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the Citv Council of the Citv of Morro Bay as follows: FINDINGS: 1. The above recitations are true and correct and constitute the findings of the City Council in this matter. ® 2. The proposed amendments to the Coastal Land use Plan will not be injurious or detrimental to the health. safety, comfort, general welfare or well-being of the persons residing or working in the community. I The proposed amendments are in general conformance with the intent of the City's General Plan. 4. The proposed amendments to the Coastal Land Use Plan incorporating language to allow for implementation of density bonuses are related to provisions of affordable housing. ACTION: The City Council does hereby: 1. Adopt the Density Bonus amendments to the Coastal Land Use Plan.as identified in the attached Exhibit A. The Amendments shall take effect immediately upon approval by the California Coastal Commission. If the forwarded amendments are altered by the California Coastal Commission they shall take effect immediately upon review and approval by the City Council of the Coastal Commission certification, pursuant to public resources code 30512, 30513, and 30519. u City Council Resolution No. 81-14 GP Amendment 4A00-018 Page 3 2. Certifv that these amendments to the City's Coastal Land Use Plan are intended to be carried out in a manner fully in conformity with Division 20 of the Public Resources Code, otherwise known as the Coastal Act. 3. Direct staff to forward the amendments to the California Coastal Commission with recommendation for certification. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on this 9th day of December 2014 on the following vote: AYES: Irons, Headding. Johnson, Makoxvetski, Smukler NOES: None ABSENT: None ABSTAIN: None JV6 L. Irons; Mayor ATTEST JamiAoucher, City Clerk City Council Resolution No. 81-14- 11 11 GP Amendment 4A00-018 Page 4 EXHIBITA Amendment of Coastal Land Use Plan Section II.0 1 Whereas underlined text is new language. II. Land Use Plan Map and General Land Use Policies C. Land Use Designations 1. Residential Land Uses Five residential land use categories are established to provide for a wide range of densities. The purpose is to ensure that residential land is developed to a density suitable to its location and physical characteristics. One type of residential development that the City would encourage is cluster development. Some of the advantages include increased open space, better visual qualities; additional preservation of sensitive sites. decreased cost of municipal services and an opportunity to provide more affordable housing. Density ranges area as follows: Limited Densitv up to 2 dwelling units per acre Low'Density up to 4 dwelling units per acre Low -Medium Density 4 — 7 dwelling units per acre Medium Density 7-1i dwelling units per acre High Density 1 5-27 dwelling units per acre Consistent with Government Code Section 65915 and Coastal Act Section 30604(f). densit bonuses for affordable housing shall be granted in the Coastal Zone to the extent that thev have access to adequate water and sewer services and do not lead to adverse coastal resource impacts. and that not withstanding the densitv bonus, the resultant development is consistent with all other rovisions of the LCP RESOLUTION NO.80-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING PROPOSED GENERAL PLAN TEXT AMENDMENTS INCORPORATING LANGUAGE ALLOWING FOR APPROVAL OF DENSITY BONUSES CONSISTENT WITH STATE HOUSING LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay desires to amend the General Plan Land Use, Open Space and Conservation Elements policy C2-a to allow for density bonus considerations in association with affordable housing; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, it is the purpose of the Morro Bay General Plan to establish the kinds, location, and intensity of land uses, and the applicable resource protection and development policies for the use of land in the City of Morro Bay; and WHEREAS, it is important to have clear, consistent, and easy to interpret policies within ® the General Plan; and WHEREAS, Government Code Section 65915 requirements for the adoption of a density bonus program to facilitate and encourage the maximum build -out of available sites has been modified in 2005 (SB 1818); and WHEREAS, amendment of the General Plan is necessary prior to codifying the provision of density bonuses in residential land use districts and will bring the Zoning Ordinance into compliance with the above cited Government Code sections; and WHEREAS, the proposed amendments to the General Plan are exempt from further environmental review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) Guidelines under the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and Section 15265(c) which exempts approval of Coastal Land Use Plans pursuant to the California Coastal Act; and WHEREAS, allowing for density bonuses in residentially designated areas has no potential for causing a significant effect on the environment, as any development would be subject to the provisions of the City's Zoning Ordinance and Local Coastal Program and all City development standards; and WHEREAS, the Planning Commission reviewed the proposed General Plan amendment ® at its regularly scheduled meeting of October 21, 2014 and has recommended approval of the Amendments to City Council; and City Council Resolution No. 80-14 GP Amendment 4A00-018 Page 2 WHEREAS, the amendments as presented are consistent with the intent of the City of Morro Bays General Plan and are necessary to implement the adopted 2009 Housing Element and remain in compliance with the State of California Housing Law; and WHEREAS, the City Council held a duly noticed public hearing to amend the General Plan on December 9, 2014 at which all interested persons were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: FINDINGS: 1. The above recitations are true and correct and constitute the findings of the City Council in this matter. 2. The proposed amendments to the General Plan will not be injurious or detrimental to the health; safety, comfort, general welfare or well-being of the persons residing or working in the community. I The proposed amendments are in general conformance with the intent of the City General Plan. 4. The proposed amendments to the General Plan Land Use Element incorporating language to allow for. implementation of density bonuses are related to provisions of affordable housing. ACTION: 1. The City Council does hereby adopt the Density Bonus amendments to the General Plan Land Use Element Policy C2-a as identified in the attached Exhibit A. PASSED AND ADOPTED by the Morro Bav City Council at a regular meeting thereof held on this 9th day of December 2014 on the following vote: AYES: Irons, Headding, Johnson, Makowetski, Smukler NOES: None ABSENT: None ABSTAIN: None Ja e L. Irons, Mayo ATTEST Jamie B cher. City Clerk 0 r� L- ri� City Council Resolution No. 80-14 GP Amendment 9A00-018 Page 3 EXHIBIT "A" Amendment of General Plan Land Use, Open Space and Conservation Element Section 11.C2a Whereas underlined text is new language. II. General Plan Land Use, Open Space and Conservation Element C. Land Use Classifications and Land Use Plan Maps 2. Land Use Classifications a. Residential Land Uses: Five residential land use categories are established to provide for a wide range of densities. The purpose is to ensure that residential land is developed to a density suitable to its location and physical characteristics. (LCP 22) Density ranges area as follows: Limited Density up to 2 dwelling units per acre Low Density up to 4 dwelling units per acre Low -Medium Density 4 — 7 dwelling units per acre Medium Density 7-1 5 dwelling units per acre High Density 1 5-27 dwelling units per acre Consistent «nth Government Code Section 65915. density bonuses for affordable housing shall be granted to the extent that thev have access to adequate water and sewer services and do not lead to adverse impacts. and that notwithstanding the density bonus, the resultant development is consistent with all other provisions of the General Plan and City ordinances. RESOLUTION NO. 79-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING RESOLUTION 42-14 BY DELETING THE HIRING FREEZE LANGUAGE RELATING TO THE REQUIREMENT TO REQUEST CITY COUNCIL PERMISSION TO REFILL VACANCIES IN VARIOUS POSITIONS AND ADDING A NEW SECTION 6. REQUIRING CITY COUNCIL APPROVAL TO INCREASE THE NUMBER OF PERS BENEFITTED BUDGETED POSITIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS. on June 24. 2014. the City Council of the City of Morro Bay passed Resolution No. 42-14, which adopted the 2014/1 5 fiscal year operating budgets; and WHEREAS, Section 6. of that Resolution contains a stipulation that _falls within the scope of administrative duties assigned to the City Manager; and WHEREAS. Section 6. does not, nor does any portion of Resolution No. 42-14, state City Council approval is required to increase the number of PERS benefitted budgeted positions hired by the City: and WHEREAS, with the adoption of Resolution No. 79-14, the language in the new Section 6. will allow the City Manager to have the sole discretion to refill budgeted positions that have become vacant: and Is WHEREAS, with the adoption of Resolution No. 79-14, the language in the new Section 6. will still require City Council approval to increase the number of PERS benefitted budgeted positons hired by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, Resolution No. 42-14 is hereby amended by deleting Section 6. and adding a new Section 6., to reads as follows: 6. City Council approval is required for any proposed increase to the number of PERS benefitted budgeted positions hired. 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 December, 2014. by the following vote: AYES: Irons, Headding. Johnson, Makowetski, Smukler NOES: None ABSENT: None JAM L. IRONS, Mayor ATTE T: ® JAW BOUCHER, City Clerk ® RESOLUTION NO.78-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 4Tu DAY OF NOVEMBER, 2014; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, a regular General Municipal Election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 4, 2014 as required by law; and WHEREAS, notice of said election was duly and regularly given in time, for and manner as provided by law; voting precincts were properly established; an election was held and conducted and the votes cast, received and canvassed and the returns made and.declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities: and WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the General Municipal Election consolidated with the Statewide General Election held on November 4. 2014 and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by,the City Council of the City of Morro Bay, California, as follows: 1. There were seven voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. Said General Municipal Election was held for the purpose of voting on the following Measure as submitted to the electors of said City: "Measure J-14" Shall the Morro Bay Municipal Code be amended to change the time and method of ® electing the Mayor and City Council Members to allow for a single election in November ® on the date of the statewide general election with the candidates receiving the highest number votes of the ballots cast being elected to the open positions? I The City Council does declare and determine: The required number of qualified voters voting on "Measure J-14" relating to changing the time and method of electing the Mayor and City Councilmembers to allow for a single election in November did vote in favor thereof, and said measure did carry. 4. At said election, the measure for or against and the numbers of votes given are as set forth in the attached certification. 5. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by vote -by -mail voters of the City was and is set forth in the attached certification. 6. The City Clerk shall certiA, to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was passed and adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9 s day of December 2014 on the following vote: AYES: Irons, Headding_, Johnson_, Makowetski, Smukler NOES: None ABSENT: None 1,11 WIMM-W.R"'Ot 14- ATTEST: v� JAMW BOUCHER, City Clerk ® CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF MORRO BAY MEASURE J-14 CONSOLIDATED GENERAL ELECTION NOVEMBER 4, 2014 I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on November 4, 2014, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE J-14: ® Shall the Morro Bay Municipal Code be amended to change the time and method of electing the Mayor and City Council Members to allow for a single election in November on the date of the statewide general election with the candidates receiving the highest number votes of the ballots cast being elected to the open positions? WITNESS, my hand and Official Seal, this 19th day of November, 2014 G• JULL RODEWALD, County Clerk -Recorder E «� %} �<=/g \yam 5 Pr ©©w 3 - � Z {czc �f �»22 9u. \ z \ -%« -) \<=g 7J9» �>3 z G k _- \� \ [� [ | co _ { _- � [� [ K ..j �z /2 _ /\J ZQ§z \//2 \/\® ff/\ 25®E Z0/z \®£ u 2 CIO \\62 1 - _ 7 -66_ - Ja�. / ! > a � o - - O t�l V - N C C O O C n f !-1 — Z Z vFi nnn nr PN s r � nrr rnc� rrr rr . i � r ¢ O� �= � fCV ? �O P t� N � � lN•1 Y [V v � X � N � a'J r � P S — � � Q J' .0 _T U U v� N < —� z O J N < p r�i c-- ccc oc_ ___ _cc ooc occ o c cN r�l � N (•1 �' % r% �: O �L N P_ a Y V m X Q N „% CIO l� Y r r J 'T 1 N r ? 1 fl Y N- O YJ e•1 O J � U U21 - U .• Vl � V T C 0 0� O .—J r r r r r r r r MM M,Y NNN r r v L n r r L V r v^ L S Y V U J J 'J. Z J. J U _ Z N :J — N ® N h h G G Z O L V? Ll IJ � U e �l U = V � f ZO O r_1MU � O > Q zU<' a U " O - cn j a s' v.r Lv.r L'n L �+r Lv:n v.r �nr L (V`IN N N N N N Nf` N N N N N N C1N C N v. N V. N vi fl F^. vt N vl N N vl N vi of v O .= of Ci Q fi N ^i N -f^.? O_? —t^.? 2C':? �Ik III III II.rrr III c�n� r N r.. V..0 45 1. < l <� / \\2« \/3^ »<z \/»g2 G�<¥e £=rgz ff_/9] � �»b®/ £= g u, Q<�/\ 7g9a` `>3\ �3 E. .o ez .e\= e L ®g: _ §)§ \ f)( / RESOLUTION NO. 77-14 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, REGARDING THE LOCATION PREFERENCE FOR CONTINUING THE ANALYSIS NTCESSARY FOR SITING OF A NEW WATER RECLAMATION FACILITY THE CITY COUNCIL Citv of Morro Bay. California WHEREAS, the City of Morro Bay has an existing Wastewater Treatment Plant (WWTP) that requires replacement; and WHEREAS, it has been determined to be in the best interest of Morro Bay to construct a new Water Reclamation Facility (WRF) that complies with the January 8, 2013 California Coastal Commissions actions; and WHEREAS, it is in the best financial interest of the community to minimize the major maintenance and repair costs at the WWTP; and WHEREAS, it is also in the best financial interest of the community to proceed with the construction of a WRF due to the time value of money and minimizing the cost increases due to ® inflation; and R'HEREAS, on February 25, 2014, the City Council resolved to have a WRF operational prior to the expiration of the discharge permit for the existing WWTP, being five years more or less; and WHEREAS, on May 1'), 2014, the City Council reviewed the report from John F. Rickenbach Consulting (JFR) regarding recommended sites for the WRF and reclamation; and WHEREAS, the community has provided input through goal setting designating project goals including: • Produce tertiary, disinfected wastewater in accordance with Title 22 requirements for unrestricted urban irrigation in a cost effective manner for all rate payers. • Design to be able to produce reclaimed wastewater for potential users, which could include public and private landscape areas, agriculture, or groundwater recharge. A master reclamation plan should include a construction schedule and for bringing on customers in a cost effective manner. • Allow for onsite composting • Design for energy recovery • Design to treat contaminants of emerging concern in the future • Design to allow for other possible municipal functions • Ensure compatibility with neighboring land uses-, and ® WHEREAS. the WWTP in its present location is subject to the effects of Coastal Hazards such as: Tsunami, Storm Surge and Coastal Flooding; and WHEREAS, the action of moving the critical public infrastructure, such as the WRF, outside the area of Coastal Hazards is consistent with the State's Managed Retreat and the City's ® Climate Action Policies; and WHEREAS, removing the WWTP from its present location and locating a WRF away from the coast allows for the "highest and best use" of this beach front property" as visitor serving or recreational use; and WHEREAS, due to the continuing drought in California, the limited and interruptible nature of the State Water Project and the City's desire to comply with its LCP policy to develop a reclaimed water supply with the upgrade of its wastewater treatment system; and WHEREAS_. at their November 5. 2014, meeting. the City's Water Reclamation Facilitv Citizens Advisory Committee (WRFCAC) recommended the City Council delay their decision regarding site selection until after the report from Carollo Engineering is complete and the WRFCAC can make a recommendation to the Ciry Council: and V WHEREAS. on November 12. 2014, the City Council reviewed the incomplete report from JFR Consulting entitled of Report for New TVater Reclamation Facility Project Comparative Site Analysis: Regional CMC Facility vs. Rancho Colina and chose to defer their decision until technical information regarding the preliminary design ant cost analysis for both the CMC and Rancho Colina facilities could be presented on December 9, 2014; and WHEREAS, the final JFR Consulting report makes a compelling argument the optimal ® site, for the benefit of Morro Bay, is the Rancho Colina site: and the Carollo Engineers/MK-N engineering and cost analysis confirms those conclusions; and WHEREAS, on December 3, 2014. the WRFCAC met to review the engineering analysis and cost estimates for both the Rancho Colina and CMC sites and with an 8-1 vote, recommended the City Council express its preference for analyzing the Rancho Colina site as the location for the WRF with the following caveats: • The final Carollo Engineers cost estimate goes up, not down for CMC • There is an opportunity to discuss the environmental strategies and disposal options in Morro Creek • Continue to evaluate environmental factors that might be a fatal flaw • Investigate the optimal location of groundwater injection for recharge benefits; and WHEREAS, on December 9, 2014, the City Council reviewed Final Report for New Water Reclamation Facility Project Comparative Site Analysis: Regional CJWC Facility vs. Rancho Colina, including the engineering analysis and cost estimates for both the Rancho Colina and CMC sites; and WHEREAS, the abovementioned final report concludes the Rancho Colina site is preferential to the CMC sites based on a variety of reasons, including meeting the City Council's time schedule goal, beneficial use of reclaimed water, and total project cost with a project at CMC estimated at $161.5 Million, versus an equivalent facility at Rancho Colina estimated at ® $81.4 Million, with a most probable project at Rancho Colina estimated at $74.2 Million. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay. California, as follows: ® 1. The City Council has reviewed the report entitled Final Report for New Water Reclamation Facility Project Comparative Site Analysis: Regional C1111C Facility vs. Rancho Colina dated December 9, 2014, and accepts its conclusions and recommendations. 2. The City Council directs staff to begin the Facilities Master Planning and Environmental Review to continue the analysis necessary for the Council to authorize construction of a Water Reclamation Facility at the preferred site location of the Rancho Colina site. in accordance with the previously adopted Five -Year schedule. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 9th day of December. 2014 by the following vote: AYES: Irons. Headdine, Johnson, Makowetski, Smukler NOES: None y ABSENT: None J ie L. Irons, May ® ATTEST: Jan'66 Boucher, City Clerk 11 RESOLUTION NO. 75-14 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA GRANTING THE HARBOR DIRECTOR ADMINISTRATIVE AUTHORITY TO APPROVE SUBLEASES ON CERTAIN TIDELANDS TRUST MASTER LEASES 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 City's current Master Lease Agreement format provides for administrative approval by the Harbor Director of subleases to those Master Leases; and WHEREAS, the City's adopted Harbor Department Lease Management Policy stipulates future sublease agreement approvals may be made by the City Manager or their designee, and the Harbor Director has been so designated; and WHEREAS, there remains seven City and Pipkin leases, which predate the above -referenced Policy and current Master Leases, that require approval of subleases by resolution of City Council; and eWHEREAS, it is in the best interest of the City, tenants, subtenants, and staff for there to be consistency in the lease management policies and procedures and to streamline leasing and business practices wherever possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, the Harbor Director is hereby granted• authority to approve subleases on all remaining City Master Leases that require City Council approval of subleases. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of November, 2014 on the following vote: AYES: Irons, C. Johnson, N NOES: None ABSENT: None ATTEST: tan"__k�®. J iBoucher,City/� Cr Johnson, Leage, Smukler J to L. Irons. Mayor' ® RESOLUTION NO. 74-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA TO DENY THE APPEALS AND UPHOLD THE,PLANNING COMMISSION'S APPROVAL OF COASTAL DEVELOPMENT PERMIT #CPO-417 FOR THE CONSTRUCTION OF A NEW TWO-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED SECONDARY UNIT AT 505 WALNUT STREET THE CITY COUNCIL Cite of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay conducted public hearings at the Morro Bay Veteran's Hall, 209 Surf Street, Morro Bay. California. on August 19 and September 16, 2014, for the purpose of considering Coastal Development Permit '"CPO-417; and WHEREAS, on September 16, 2014, the Morro Bay Planning Commission adopted Resolution 19-14 with findings and conditions for approval of Coastal Development Permit #CPO-417; and WHEREAS, on September 23, 2014, an appeal of the Planning Commission action is approving Coastal Development Permit #CP0417 was filed by Alex Beattie, specifically requesting the Council overturn the Planning Commission decision and deny Coastal Development Permit #CPO-417; and WHEREAS, on September 25, 2014, an appeal of the Planning Commission action approving Coastal Development Permit 4CPO-417 was filed by Betty De Rosa, specifically requesting the Council overturn the Planning Commission decision and deny Coastal Development Permit 4CPO-417 and WHEREAS, on September 26, 2014, an appeal of the Planning Commission action approving Coastal Development Permit 4CPO-417 was filed by Jeffrey R. Heller, specifically requesting the Council overturn the Planning Commission decision and require the applicant to reduce the size and height of the project and incorporate exterior building materials that reflect design elements of the adjacent properties of character; and WHEREAS. the City Council of the City of Morro Bay conducted a public hearing at the Morro Bay Veteran's Hall. 209 Surf Street, Morro Bay. California, on November 12, 2014, for the purpose of considering appeals of the Planning Commission approval of Coastal Development Permit #CPO-417; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and City Council Resolution 474-14 Appeal Hearing for #CP0 417 Page 2 ® WHEREAS, the City Council has duly considered all evidence, whether written or oral, including without limitation, the testimony of the appellants, the applicant, interested parties, City staff and all written and oral evaluations and recommendations by staff, presented at Planning Commission hearings and the City Council hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: Section 1: Findings. Based upon all the evidence, the Council makes the following findings: California Environmental Quality Act (CEOA) 1. Pursuant to the California Environmental Quality Act. the Director has found the project as proposed categorically exempt under Section 15303, Class 3(a), "New Construction or Conversion of Small Structures;" because the project is a single-family home with an attached secondary dwelling in a residential zone and does not have a significant effect on the environment. Coastal Development Permit Findings for Approval 1. The development of a new single-family residence with an attached secondary dwelling unit is consistent with the applicable provisions of the General Plan and certified Local is site Program. The project design meets or exceeds all applicable Zoning Ordinance site development standards. There are no exception or variance requests associated with this project description. 2. The project is consistent with the General Plan Housing Element Policy H-10.1. which specifically encourages the creation of secondary housing units as an affordable housing option throughout the City. 3. The project, as conditioned, is consistent with the character of the surrounding neighborhood, which exhibits an eclectic mix of dwelling sizes, architectural styles, and building materials. It is surrounded by compatible uses of low density residential development, and like other structures in the neighborhood, the proposed project is two stories and has an attached two car garage. 4. Overall project square footage is consistent with newer construction in the surrounding neighborhood, which is typically more than 2,500 square feet in size. In this case, the square footage encompasses both a primary dwelling and a secondary unit. 5. The project will not interfere with significant public views to and along the coast because it is sited on the inland side of Main Street and is not in a designated highly scenic area. . 6. Any impacts associated with the proposed building height (24 feet) are offset in part by ® the fact that surrounding residences are generally uphill from the project site. The City Council Resolution #74-14 Appeal Hearing for ;CPO-417 Page 3 ® northeast comer of the proposed structure would be 2.5 to 4 feet below the existing grade of adjacent properties. 7. Because the project site is not designated in the Coastal Land Use Plan or in the General Plan as a highly scenic area, the project is not required to be subordinate to its setting. Section 2. Action. The City Council does hereby deny the appeals and upholds the action of the Planning Commission to approve Coastal Development Permit 9CPO-417, subject to the following conditions: Standard Conditions: 1. This permit is granted for the land described in the staff report dated September 16, 2014, for the project at 505 Walnut Street depicted on plans dated August 28, 2014, on file with the Public Services Department, as modified by these conditions of approval, and more specifically described as follows: Site development, including all buildings and other features, shall be located and designed substantially as shown on Planning Commission approved plans submitted for Coastal Development Permit #CPO-417, unless otherwise specified herein. 2. Inaugurate Within Two Years: Unless the construction is commenced not later than two (2) years after the effective date of this Resolution and is diligently pursued, thereafter, ® this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, the applicant may request up to two extensions for not more than one (1) additional year each. Any extension may be granted by the City's Public Services Director (the "Director'), upon finding the project complies with all applicable provisions of the Morro Bay Municipal Code (the "MBMC"), General Plan and certified Local Coastal Program Land Use Plan (LCP) in effect at the time of the extension request. 3. Changes: Minor changes to the project description or conditions of approval shall be subject to review and approval by the. Public Services Director. Any changes to this approved permit determined, by the Director, not to be minor shall require the filing of an application for a permit amendment subject to Planning Commission review. 4. Compliance with the Law: (a) All requirements of any law, ordinance or regulation of the State of California, the City, and any other governmental entity shall be complied with in the exercise of this approval, (b) This project shall meet all applicable requirements under the MBMC, and shall be consistent with all programs and policies contained in the LCP and General Plan for the City. 5. Hold Harmless: The applicant, as a condition of approval; hereby agrees to defend, indemnify, and hold harmless the City, its agents; officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the ® City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. Applicant City Council -Resolution 74-14 Appeal Hearing for #CP0417 Page 4 ® understands and acknowledges the City is under no obligation to defend any legal actions challenging the City's actions with respect to the project. This condition and agreement shall be binding on all successors and assigns. 6. Compliance with Conditions: The applicant's establishment of the use or development of the subject property constitutes acknowledgement and acceptance of all Conditions of Approval. Compliance with and execution of all conditions listed hereon shall be required prior to obtaining final building inspection clearance and a Certificate of Occupancy, as may be required. Deviation from this requirement shall be permitted only by written consent of the Director or as authorized by the Planning Commission. Failure to comply with any of these conditions shall render this entitlement, at the discretion of the Director, null and void. Continuation of the use without a valid entitlement will constitute a violation of the MBMC, which is a misdemeanor. 7. Compliance with Morro Bav Standards: This project shall meet all applicable requirements under the MBMC, and shall be consistent with all programs and policies contained in the Local Coastal Program and General Plan of the City. 8. Conditions of Approval: The Findings and Conditions of Approval shall be included as a full-size sheet in the Building Plans. Planning Conditions: ® 1. Boundaries and Setbacks: The property owner is responsible for verification of lot boundaries. At the time of foundation inspection, the property owner shall verify lot boundaries and building setbacks to the satisfaction of the City Planning Manager and City Building Official. Height Certification: Prior to foundation inspection, a licensed land surveyor shall measure and inspect the forms and submit a letter to the City Planning Manager certifying the tops of the forms are in compliance with the finish floor elevations as shown on approved plans. Prior to either roof nail or framing inspection a licensed surveyor shall measure the height of the structure and submit a letter to the City Planning Manager, certifying the.height of the structure is in accordance with the approved set of plans and complies with the height requirements of the Morro Bay, Municipal Code Section 17.12.310'. 2. Dust Control: Prior to issuance of a grading permit, a method of control to prevent dust and wind blow earth problems, shall be submitted for review and approval by the Building Official. (MBMC Section 17.52.070) 3. Archaeologv: In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall immediately cease in the immediate area, and the find shall be left untouched until a qualified professional archaeologist, knowledgeable in local indigenous culture, or ® paleontologist, whichever is appropriate, is contacted and called in to evaluate and make City Council Resolution 974-14 Appeal Hearin-, for #CP0417 Page 5 ® recommendations as to disposition; mitigation or salvage. The developer shall be liable for costs associated with the professional investigation. (MBMC Section 17.48.310) 4. Secondary Unit Parking: The minimum width of the area between the face of the retaining wall along the eastern property line and the eastern face of the building shall be 11 feet to enable room for a viable parking space for the secondary unit. 5. Lighting: Prior to issuance of a building permit, the applicant shall submit an exterior lighting plan for review and approval by the City Planning Manager. The plan shall show all exterior lighting fixtures and locations and shall be subject to the following standards: a. The point source of all exterior lighting shall be shielded from offsite views. b. Exterior lighting shall be directed downward and shall use cut-off fixtures or shields. c. Exterior lighting shall be designed not to focus illumination onto exterior walls. d. Bright white -colored lighting shall not be used for exterior lighting. 6. Undererounding: All utilities to the structure shall be undergrounded. 7. Retaining Walls: The retaining walls along the east and north property lines shall incorporate surface texture and be neutral in color. The project landcape plan shall include vegetation to mitigate the visual impact of the retaining wall especially as seen from the public streets. The landscape plan shall support vegetation to enable 50% coverage of the retaining wall within 5 years. 8. Fencing: Fencing is prohibited in the exterior yard setback along Main Street to avoid interference with traffic sight distance. Any project fencing elsewhere on site is subject to conformance with MBMC Section 17.48.100. 9. Landscaping: A complete landscape plan showing plant type, size, number, location. watering schedule, and method of maintenance shall be submitted with the building plans. Plant material shall be predominately native and drought tolerant. Planting within 10 feet of the Main Street propery line shall not have a mature height of more than 18 inches to avoid interference with traffic sight distance. 10. Runoff: The project shall capture and treat runoff from all hardscape to the maximum extent practical as approved by the City Engineer. 11. Inspection: The applicant shall comply with all Planning conditions listed above and obtain 'a final inspection from the Planning Division at the necessary time in order to ensure all conditions have been met. El City Council Resolution'174-14 Appeal Hearing for »CPO417 Page 6 Building Conditions: 1. Prior to construction, the applicant shall submit a complete building permit application and obtain the required building permit. Fire Code Requirements: 1. Fire Sprinklers. The new residence shall be equipped with an automatic fire sprinkler system, in accordance with MBMC Section 14.08.090(I)(2) and 2010 California Residential Code. Section R313. 2. Carbon Monoxide Alarms. For new construction, an approved carbon monoxide alarm shall be installed in dwelling units and in sleeping units within which fuel -burning appliances are installed and in dwelling units that have attached garages. (CRC 31 5) Public Works Conditions: 1. Sewer Backwater Valve: Construction plans shall reflect that a sewer backwater valve shall be installed on site to prevent a blockage or maintenance of the municipal sewer main from causing damage to the proposed project. (MBMC Section 14.24.070). ® 2. Frontage improvements are required along Main Street (MBMC Section 14.44.020) Specific improvements include a street tree, curb, gutter and six-foot wide sidewalk with ADA compliant ramps at the comers. Building plans shall show the ultimate street improvements for the Main Street frontage. Developer may defer the installation of curb, gutter and sidewalk if deemed necessary to better coordinate construction With other planned improvements. If work is deferred, the required improvements shall be shown on the building plans with a note indicating deferral. A deferral agreement shall be recorded against the property prior to issuance of a building permit. 3. To provide sufficient right-of-way for frontage improvements, the property owner shall dedicate to the City a five-foot wide strip of lot frontage along Main Street to the satisfaction of the Public Works Director prior to issuance of a building permit. 4. Provide a standard erosion and sediment control plan (MBMC Sections 12.04 & 14.48). The Plan shall show control measures to provide protection against erosion of adjacent property and prevent sediment or debris from entering the City right of way, adjacent properties, any harbor, waterway, or ecologically sensitive area. This Plan shall be provided with the Building Permit application. 5. Show the installation of a driveway approach per City of Morro Bay standards B-7 or B- 8. Note that driveway width for this property shall not exceed 25'. ® 6. Install a 6-inch asphalt or concrete curb at the edge of pavement as shown on attached Exhibit 1. City Council Resolution �174-14 Appeal Hearing for #CP0 417 Page 7 is 7. Include the locations of the sewer lateral, water service, and water and sewer mains. 8. Grading and Drainage: Show existing and proposed topography and grading plan. Show drainage paths on the plans. Projects are encouraged to implement Low Impact Development (LID) feature. 9. A minimum of three street trees shall be planted in the front and exterior yard setbacks with consideration for traffic safety, sight distance, and views to the satisfaction of the Planning Manager and City Engineer. 10. Add the following Notes to the Construction Plans: a. No work within (or use of) the City's Right of Way shall occur without an encroachment permit. Encroachment permits are available at the City of. Morro Bay Public Services Office located at 955 Shasta Ave. The Encroachment permit shall be issued concurrently with the building permit. b. Any damage, as a result of construction operations for this project, to City facilities, i.e. curb berm. street, sewer line, water line, or any public improvements shall be repaired at no cost to the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 12`h day of November, 2014 on the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSENT: None ABSTAIN: None JA IE L. IRONS. MAY]OR ATTEST JA?4fE BOUCHER, City Clerk RESOLUTION NO. 73-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY FIRE FIGHTERS ASSOCIATION AND RELATED COMPENSATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, representatives of the City of Morro Bay (CITY) and representatives of the Morro Bay Fire Fighters Association (FFA) met and discussed the terms and conditions of employment, through the Meet and Confer process; and WHEREAS, the meetings between the FFA and the CITY have resulted in a mutual agreement and understanding; and WHEREAS, the employees represented by the FFA accept all of the terms and conditions as set forth in the MOU attached and made a part of this Resolution herewith; and WHEREAS, the CITY now desires to provide said salaries. benefits and conditions to the members of the FFA. ® NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt this Resolution adopting an MOU on the compensation and working conditions for the Morro Bay Fire Fighters Association for the period July 1, 2014 through June 30, 2016. and authorizes the City Manager to execute all necessary documents to implement said changes. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this 28 h day of October. 2014 by the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSENT: None ATTEST: AMIE BOUCHER, City Clerk E J IE L. IRONS, i yor Ll MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY FIREFIGHTERS ASSOCIATION AND THE CITY OF MORRO BAY JULY 19 2014 - JUNE 309 2016 Table of Contents ARTICLE1 PURPOSE................................................................................................................ 1 ARTICLE2 MANAGEMENT..................................................................................................... 1 • ARTICLE 3 MBFF RECOGNITION......................................................................................... 34 ARTICLE4 MBFF BUSINESS.................................................................................................. 45 ARTICLE 5 AUTHORIZED AGENTS........................................................................................ 5 ARTICLE 6 WITHHOLDING OF MBFF DUES AND INSURANCE ..................................... 56 ARTICLE7 TERM....................................................................................................................... 6 ARTICLE 8 RENEGOTIATIONS................................................................................................ 6 ARTICLE 9 ANTI-DISCRIMINATION.................................................................................... 67 ARTICLE 10 WORK SCHEDULE.............................................................................................. 67 ARTICLE I I VACATIONS AND HOLIDAYS............................................................................ 8 ARTICLE 12 SICK LEAVE....................................................................................................... 9410 ARTICLE 13 RETIREMENT BENEFITS............................................................................... 1044 ARTICLE 14 HEALTH BENEFPfS............................................................................................ 12 • ARTICLE 15 EDUCATIONAL INCENTIVES........................................................................... 13 ARTICLE 16 UNIFORM ALLOWANCE................................................................................... 14 ARTICLE 17 SALARIES............................................................................................................. 14 ARTICLE 18 SPECIAL PAY PRACTICES................................................................................ 15 ARTICLE 19 HEALTH AND SAFETY ARTICLE.................................................................... 16 ARTICLE 20 MINIMUM STAFFING......................................................................................... 17 ARTICLE 21 PERSONNEL RULES....................................................................................... 174-8 ARTICLE 22 LAYOFFS.............................................................................................................. 18 ARTICLE 23 PROCESSING OF FORMAL GRIEVANCES...................................................... 18 ARTICLE 24 ELIMINATION OF FIRE SERVICE..................................................................... 19 ARTICLE 25 NO STRIKE, NO LOCK-OUT.............................................................................. 19 ARTICLE 26 FULL UNDERSTANDING, MODIFICATION, WAIVER .............................. 1920 ARTICLE 27 SEVERABILITY................................................................................................... 20 n LJ Morro Bay Firefighters Unit 2042 2014 - 2016 MOU Page i • MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY FIRE FIGHTERS AND THE CITY OF MORRO BAY 2013 20142014 - 2016 ARTICLE I PURPOSE WHEREAS, the City of Morro Bay is a municipal corporation, existing under the laws of the State of California as a general law city; and WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate, and in structure because it is a public entity, rather than a profit -making business; and WHEREAS, the Morro Bay Fire Fighters and the City of Morro Bay recognize that the mission and the purpose of the City are to provide high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. THEREFORE, this Memorandum of Understanding (MOU) is entered into as ofMON944-BBJuly 1, 2014, between the City of Morro Bay, referred to as _CITY," and the Morro Bay Fire Fighters, referred to as "MBFF." • It is the intent and purpose of this fnMOUemetendurn to assure sound and mutually -beneficial working and economic relations and conditions between the parties hereto, to provide for an orderly and peaceable method and manner of resolving any differences, which may arise, and to negotiate any misunderstanding, which could arise, and to set forth, herein, the basic and full agreement between the parties, concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 MANAGEMENT 2.1 In order to ensure that the Qty-CITY shall continue to carry out its public safety functions, programs, and responsibilities to the public, imposed by law, and to maintain efficient public safety service for the citizens of Morro Bay, the City-CITYcontinues to reserve and retain solely and exclusively all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law, and those City -CITY rights set forth in the Eity's CITY's Personnel Rules and Regulations and including, but not limited to, the following: 2.1.1 To manage the Fire Department, and determine policies and procedures and the right to manage the affairs of the Department. 2.1.2 To determine the existence, or nonexistence, of facts which are the basis of the management decision, in compliance with State law. Morro Bay Firefighters Unit 2014-2014 - 2016 MOU Page 1 2.1.3 To determine the necessity, organization, implementation, and termination of any • service or activity conducted by the Gity-CITY or other government jurisdiction, and to expand or diminish fire services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees, in accordance with Department or GityCITY (Rules, eRegulations, or eOrdinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of fire services to be provided to the public. 2.1.6 To require performance of other public safety services not specifically stated herein, in the event of emergency or disaster, as deemed necessary by the C-ityCITY. 2.1.7 To lay off employees of the Fire Department because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the C-ityCITY. 2.1.8 To determine and/or change the fire facilities, methods, technology, equipment, operations to be performed, organization structure, and allocate or assign work by which the Cit)-CITY fire operations and services are to be conducted. • 2.1.9 To determine method of financing. 2.1.10 To plan, determine, and manage Department's budget, which includes, but is not limited to, changes in the number of locations and types of operations, processes, and materials to be used in carrying out all Fire Department functions and the right to contract or subcontract any work or operations of the Fire Department. 2.1.11 To determine the size and composition of the Fire Department work force, assign work to employees of the Fire Department, in accordance with requirements determined by the Fire Department, and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this agreementMOU, or subsequent agreementMOUs. 2.1.12 To establish and modify goals and objectives related to productivity and performance programs and standards, including, but not limited to, quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees, in accordance with division and/or City -CITY Rules and Regulations. • Morro Bay Firefighters Unit 2012-2014 - 2016 MOU Page 2 • 2.1.14 To determine the issues of public policy, and the overall goals and objectives of the Fire Department, and to take necessary action to achieve the goals and objectives of the Fire Department. 2.1.15 To hire, transfer (intra- or inter- Department), promote, reduce in rank, demote, reallocate, terminate and take other personnel action for non -disciplinary reasons, in accordance with Department and/or City -CITY Rules, Regulations and Ordinances. 2.1.16 To determine policies, procedures and standards for recruiting, selecting, training, and promoting employees. 2.1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures, related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in Fire facilities and operation. 2.1.19 To restrict the activity of an employee organization on Cit)--C Y facilities, except as set forth in this SOU. 2.1.20 To take any, and all, necessary steps and actions to carry out the service requirements • I and mission of the Qqi CITY in emergencies or any other time deemed necessary by the CityCITY, and not specified above. 2.2 Nothing herein is meant to diminish Eity CITY rights provided by the Government Code. 2.3 Nothing herein is meant to diminish employee rights as provided by the Government Code, including the right to meet and confer on changes in standards for promotion. ARTICLE 3 MBFF RECOGNITION 3.1 Pursuant to Resolution No. 74-69, the Employer -Employee Relations Resolution of the EityCITY of Mono Bay and applicable state law, the Moma-Bey-Fire-FighteFs was designated by the City of Nolefre BeyCITY as the representative of Q#y-=Cfire fighting employees. The tern "employee" or "employees" as used herein is comprised of the following classifications: Captain/Paramedic Captain Engineer/Paramedic Engineer Firefighter/Paramedic • Firefighter Morro Bay Firefighters Unit 2013 2014 - 2016 MOU Page 3 3.2 Employees working on a regular basis in a classified position, but less than full-time, shall • receive vacation and sick leave accruals on a pro -rated basis, commensurate with hours worked. All benefits for new hires, including insurance benefits, will be allocated on a pro- rated basis, commensurate with hours worked. 3.3 FIRE ENGINEER RATING 3.3.1 It is recognized, in principle, as long as the full-time MBFF personnel complement of the Morro Bay Fire Department remains at ten (10) or less, that efficient operation of the Department requires an increase in the authorized number of Fire Engineers. Accordingly, CITY agrees to promote to Fire Engineer all personnel classified as Fire Fighter hired after the effective date of this agFeemefttMOU provided that they have served for eighteen (18) months with the CITY in the Fire Fighter classification; that at the completion of eighteen months of employment, they have been recommended by the Fire Chief for promotion and have demonstrated, through successful completion of written and practical examinations that they have successfully completed six semester units of Fire Science courses at an institution approved by the Fire Chief. The GityCITY shall make every effort to schedule the examination to be completed prior to the expiration of eighteen months. The content and passing grade of the written and practical examinations will be determined by the Fire Chief subject to the approval of the City Manager. 3.3.2 An individual recommended for promotion, and failing to attain a passing grade in • either the written or practical examination, shall not be eligible for reexamination until six (6) months after the date of failure. ARTICLE 4 MBFF BUSINESS 4.1 Employee representatives, designated by the MBFF, shall be granted time off, without loss of pay, to attend "meet and confer" sessions with the Mtiiiieipal Employee Relafiem OffleerCi Manager, and/or his/her designee(s), on subjects within the scope of representation, when such meetings are scheduled during regular working hours. Should such meeting extend beyond an employee representative's regular working hours, the employee representative shall be paid for only the regular working hours. 4.2 It is understood that this time -off provision shall only apply to a maximum of two employees attending any one meeting between CITY and MBFF; where exceptional circumstances warrant, the City Manager may approve the attendance, at such meetings, of additional employee representatives. The MBFF shall, whenever practicable, submit the names of all employee representatives to the Munieipal Employee Relations OffieefCity Manager, or his/her desi ng ee(s), at least two working days in advance of such meetings. Provided further: (1) dwt-no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized Gity CITY management official; and (2)4hat any such meeting is subject to scheduling by GityCITY management, in • a manner consistent with operational needs and work schedules. Morro Bay Firefighters Unit 2913 2014 - 2016 MOU Page 4 • 4.3 Off -duty employees will not be paid for attending meet and confer sessions, nor will over- time be paid for same. The parties agree to consider the shift schedules of team members in scheduling meetings. 4.4 MBFF may hold unit meetings at the Fire Station, 715 Harbor Street, after 1700 hours, with two days' prior notice to Fire Chief. The Fire Chief has the authority to deny and/or cancel said meeting, if it conflicts with official CITY activities for MBFF duties. ARTICLE 5 AUTHORIZED AGENTS For the express purpose of administering the terms and provisions of this agFeemeetMOU: 5.1 Management's principal authorized agent shall be the City Manager, or his/her duly authorized representative(1, (address: 595 Harbor Street, Morro Bay, CA 93442; telephone (805) 772-6200j), except where a particular management representative is specifically designated in the agFeemeatMOU. 5.2 The McFre-Bay-Fire-Fighters principal authorized representative shall be the shop steward of the unit, or his/her duly authorized representatives (address 715 Harbor St., Morro Bay, CA 93442). • ARTICLE 6 WITHHOLDING OF MBFF DUES AND INSURANCE • 6.1 It is agreed that CITY will withhold MBFF dues and MBFF group insurance premiums from the monthly pay of each regular GilyCITY employee, who is a member of the MBFF. MBFF agrees to provide CITY with individual MBFF member authorizations signed by the individual MBFF member, authorizing CITY to make agreed deductions, specifying the amount of each deduction, and authorizing CITY to issue a check, payable to MBFF, for the collective amount of the individual deductions. CITY does not accept responsibility for computing the amounts of deductions or for meeting payment dates, which may not coincide with established pay periods. CITY will issue a single check to the M3FF for the total amount of deductions withheld from the individual employees' pay. The MBFF will be responsible for the accounting and disbursing of all such funds received from CITY. MBFF will be responsible for properly notifying CITY of any changes in deductions, and will be the sole agent, through which CITY will act, in explaining, initiating, executing, or terminating the provisions of this Article. Such notification must be received by the CITY at least two weeks prior to the effective date of the change. Also, such change notice must include a copy of the notice sent to the employees officially, telling them of the change. 6.2 MBFF shall indemnify and hold harmless the QtyCITY e€Nolerre Bey, its officers, agents, and employees from any and all claims, demands, damages, costs, expenses, or liability arising out of this Article. Morro Bay Firefighters Unit 2033-2014 - 2016 MOU Page 5 6.3 It is agreed that CITY will deposit payroll deductions made payable to a QIi CTTY--approved • Credit Union, providing the MBFF makes arrangements for such services that are acceptable to both members and CITY. ARTICLE 7 TERM Except as otherwise specifically provided herein, the term of this Under-9 wAiegMOU commences on July 1, 2014, and expires and is otherwise fully terminated June 30, 2016. ARTICLE 8 RENEGOTIATIONS 8.1 In the event either party wants to renegotiate a successor AgreerrtentMOU, such party shall serve upon the other, during the period of February 15, 2044-2016to March 15, 20142016, its written request to begin negotiations, as well as it's full and entire written proposals amending this agreemem OU. 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 Should the parties be unable to reach agreement on a new contract before the current contract expires, all applicable provisions of this AgreementMOU shall remain in full force and effect • until such time as a new A#FeementMOU is reached, or September 30, 20142016, whichever first occurs. ARTICLE 9 ANTI -DISCRIMINATION The CITY and MBFF mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 10 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 work per week or of days of work per week. 10.1 WORKDAY The normal workday shall be a twenty-four (24) consecutive hour period, except in cases of emergency or for reasons of attendance at extended training opportunities, or temporary duty assignments while on light duty, when other shifts may be assigned by the Chief, provided there is mutual agreement between the parties. 10.2 WORKSHIFT 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 • Morro Bay Firefighters Unit 2913 2014 - 2016 MOU Page 6 • four days (96 hours) prior written notice to the employee. Call out or overtime does not constitute a change in work shift. The normal workweek shall average fifty-six (56) hours of work in a seven (7) consecutive day period, except in cases of emergency. 10.4 OVERTIME 10.4.1 Overtime is defined as all hours worked in excess of 106 hours worked in a 14 day work period. For those assigned to an 8-hour day, overtime shall be defined as all hours worked in excess of forty _hours per week. Vacation time and compensatory time off shall be treated as hours worked. 10.4.2 All overtime, as defined above, shall be paid at one and one-half (1.5) times the employee's regular rate of pay. Compensatory time off earned, pursuant to 10.4.4 below, will accrue at one and one-half (1.5) times hours worked. 10.4.3 Employees, required to return to work on a scheduled vacation day, shall be paid at the rate of 1.5 times their regular rate of pay for the hours actually worked. 10.4.4 Employees may elect compensatory time off (CTO) in lieu of paid overtime, subject • to the following provisions. 10.4.4.1 CTO may be elected for overtime incurred due to training time only. 10.4.4.2 Maximum CTO accrual will be 140 hours. All overtime earned after CTO is accrued to the 140 hour maximum will be paid in cash. 10.4.4.3 Accrued CTO may be cashed out upon the request of the employee and the approval of the department. CTO accrued at time of separation will be paid off. 10.4.4.4 CTO may be taken off upon employee request and department approval. CTO will not be approved if it will require overtime. 10.4.4.5 Other overtime provisions notwithstanding, employees forced to holdover for 12 hours or more will receive time and one—half compensation for the hours worked on that day. 10.5 EMERGENCIES 10.5.1 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. Morro Bay Firefighters Unit 2913-2014 - 2016 MOU Page 7 10.5.2 Such emergency assignments shall not extend beyond the period of said emergency. 10.5.3 Short -staffing, caused solely by absences due to employees taking approved paid leave, shall not be considered an emergency. ARTICLE 11 VACATIONS AND HOLIDAYS 11.1 CITY and MBFF agree that difficulties exist in equating the work schedules of fire fighters to the work schedule of non -shift personnel, i.e., shift periods compared to hours and days worked by other QtyCITY employees. Therefore, a formula is agreed to for computing the vacations and holiday periods for fire fighters. Such formula is agreed to be a ratio as follows: Fire Fighter's total available shifts per year is to the general employees' total available work days per year (260) as X is to the number of authorized vacation and holidays days of the general employees, when X equals the amount of shifts off for Fire Fighters comparing Fire Fighters to employees of equal tenure. 11.2 Pursuant to Section 11.1, the following lists the vacation and holiday annual accrual schedule for members of the MBFF assigned to shift work: SERVICE VACATION HOLIDAY TOTAL ANNUAL SHIFTS/ YEARS ACCRUAL ACCRUAL ENTITLEMENT YEAR 0 thru 2 112.0 hrs. 146.96 hrs. 258.96 hrs. 10.792 3 thru 4 123.2 hrs. 146.% hrs. 270.16 hrs. 11.257 5 thru 6 134.4 hrs. 146.% hrs. 281.36 hrs. 11.723 7 thru 8 145.6 hrs. 146.% hrs. 292.52 hrs. 12.19 9 thru 10 156.8 hrs. 146.% hrs. 303.76 hrs. 12.657 11 thru 12 168.0 hrs. 146.96 hrs. 314.96 hrs. 13.123 13 thru 14 179.2 hrs. 146.96 hrs. 326.16 hrs. 13.59 15 thru 16 190.4 hrs. 146.96 hrs. 337.36 hrs. 14.057 17 thru 18 201.6 hrs. 146.96 hrs. 348.56 hrs. 14.523 19 thru 20 212.8 hrs. 146.96 hrs. 359.76 hrs. 14.99 21 + 224.0 hrs. 146.96 hrs. 370.% hrs. 15.547 11.3 MAXIMUM ACCUMULATION It is recognized long-standing accumulations of vacation/holiday time exist for some employees. In order to compensate employees for this unused time, CITY and MBFF agree on the following policy: C, 11.3.1 Unused vacation/holiday leave may be carried over into the following year to a maximum of two times an employee's annual accumulation of vacation time plus one year of holiday time. Employees exceeding the maximum, as of the pay period • containing November 1 of each year, will be paid off for time exceeding the Morro Bay Firefighters Unit 2013-2014 - 2016 MOU Page 8 • maximum. The GityCITY shall make said payment with the pay period containing December I of each year. Payment shal I be computed, based upon the employee's base hourly rate of pay as of June 30 of the same calendar year. 0 • 11.3.2 Employees separating from the EityCITY are entitled to pay for the accumulated vacation based upon employee's base hourly rate of pay as of june 30 prior to at separation. 11.3.3 A member of the MBFF may exercise an option to convert into cash a maximum of fifty-sixS56) 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. 11.4 The following holidays are used in Section 11.2 above, to determine total annual entitlement. Employees may be scheduled to work on holidays. All employees, except those assigned to 8-hour shifts, shall be compensated for holidays as provided in 11.2 above. New Year's Day ................................. Martin Luther King, Jr.. Day ...................... Lincoln's Birthday ............................. President's Day .................................. Memorial Day ................................... Independence Day .............................. LaborDay ........................................ Veteran's Day ................................... Thanksgiving Day........ a ...................... Day after Thanksgiving Day .................. Christmas Day ................................... Floating Holiday. ................ ......... 0 .... FloatingHoliday... oliday................................ January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May July 4 I' Monday in September November 11 4"' Thursday in November 4'" Fridav in November December 25 Varies Varies 11.5 For any additional holiday proclaimed by the Mayor, shift employees shall be paid not banked) for 11.2 hours of work, and employees assigned to eight hour duty shall receive the holiday off. Employees may be scheduled to work on such holidays. ARTICLE 12 SICK LEAVE 12.1 It is agreed that the firefighters will earn sick leave per month at the same ratio that their assigned shift schedule compares to other full-time employees (1.4:1) for 24-hour shift workers or (1.0:1) for eight -hour shift employees. There shall be no maximum number of sick leave hours that a member of MBFF may accrue. 12.2 All use of sick leave shall be charged on an hour -for -hour basis. Morro Bay Firefighters Unit 2014-2014 - 201§ MOU �01- 12.3 At termination, accumulated in the Ssick Lleave Aaccrual is not compensable; however, • upon retirement, Ssick Lleave Aaccrual may be converted to additional time, as provided by the --California Public Employees Retirement System (Ca1PERS) unused sick leave egrieecredit. 12.4 Any use of sick leave, covering a period beyond seven calendar days, may require approval by a qualified medical authority for release to resume regular duties. 12.5 Recognizing Section 12.1 above requires a transition from the method of accruing and charging sick leave contained in earlier Memoranda of Understanding, the following conversion of previously accrued sick leave shall be made: 12.5.1 For shift workers, all Sick Leave hours accrued, but unused, as of December 31, 2002, shall be multiplied by a factor of three (3) and shall become the employee's Sick Leave Accrual account, until utilized on an hour for hour basis. 12.5.2 Credits added to the Sick Leave Accrual account for full-time employees, after the date above, shall be 11.2 hours per month, or 0.046154 hours, for each regular hours worked for part-time employees on shift work or eight (8) hours per month for employees assigned to an eight -hour day. 12.6 belewBased on individual utilization of paid sick leave in the preceding calendar year, • employee may convert unused accumulated sick leave into paid vacation leave once per calendar year, pursuant to the formula below: Maximum Conversion Sick Leave Utilization Sick Leave To Vacation Leave 0 hours 96 hours 48 hours .25 to 8 hours 72 hours 36 hours 8.25 to 16 hours 48 hours 24 hours 16.25 to 25 hours 24 hours 12 hours Over 25 hours 0 hours 0 hours At least 160 accrued hours must remain in emnlovee's sick leave bank for anv emolovee to be eligible for conversion, or for any conversion to be authorized. In addition, the right to convert, along with any conversion hours, does not cam over or rollover from fiscal year to fiscal year, failure to request conversion, in the current current year, eliminates the right to do so for that calendar vear. and does not permit emolovees to aggreeate conversion hours in any other calendar year. ARTICLE 13 RETIREMENT BENEFITS 13.1 It is the employee's obligation to contribute the employee's contribution to Ca1PERS. The • employee shall pay his/her own contribution by payroll deduction, consistent with the Morro Bay Firefighters Unit 2414-2014 - 2916 MOU Page 10 • provisions of 414 (h) 2 of the Internal Revenue Code (9% Ca1PERS Safety for classic members; 500/6 of the expected normal cost, which is currently 23%Employee pays 11.5%1. for new members). 13.2 The CITY agrees to continue to provide FireMBFF, hired prior to March 19, 2011, with a retirement benefit program through the (CaIPERS) as follows: 13.2.1 3% @ 50 formula (Section 21362.2) 13.2.2 Unused Sick Leave Credit (Section 20965) 13.2.3 Military Service Credit (Section 21023.5, 21024 & 21027) 13.2.4 Final Compensation I year (Section 20042) 13.2.5 1959 Survivor Benefit Level 4 (Section 21574) 13.2.6 Pre -Retirement Death Benefits (Section 21548 Option 2 W & 21551) 13.2.7 Retired Death Benefit $500 (Section 21620) 13.2.8 Prior Service (Section 20055) 13.2.9 Public Service Credit for Periods of Layoff (Section 21022) 13.3 All employees, hired on or after March 19, 2011, but before January 1, 2013, and those hired on or after January 1, 2013, who meet the definition of classic member, pursuant to the California Public Employee's Pension Reform Act of 2013 (PEPRA), in the regular, full- time classifications listed in Article 3.1 of this MOU between the CITY and the MBFF, shall be provided with the following CalPERS retirement benefits: 13.3.1 3% @ 55 formula (Section 21363.1) 13.3.2 Unused Sick Leave Credit (Section 20965) 13.3.3 Military Service Credit (Section 21023.5, 21024 & 21027) 13.3.4 Final compensation 3 Year (Section 20037) 13.3.5 1959 Survivor Benefit Level 4 (Section 21574) 13.3.6 Pre -Retirement Death Benefits (Section 21548 Option 2W & 21551) 13.3.7 Retired Death Benefit $500 (Section 21620) 13.3.8 Prior Service (Section 20055) 13.3.9 Public Service Credit for Periods of Layoff (Section 21022) 13.4 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013, Sworn employees hired, who meet the definition of new member under PEPRA and are not eligible for reciprocity, will be provided the following Ca1PERS benefits: 13.4.1 2.7% @ 57 formula (Section 7522.25(d)) 13.4.2 Unused Sick Leave Credit (Section 20965) 13.4.3 Military Service Credit (Sections 21023.5, 21024 & 21027) • 13.4.4 Final compensation 3 Year (Section 20037) 13.4.5 1959 Survivor Benefit Level 4 (Section 21574) Mono Bay Firefighters Unit 2913 2014 - 2016 MOU Page 11 13.4.6 Pre -Retirement Death Benefits (Section 21548 Option 2W and 21551) 13.4.7 Retired Death Benefit $500 (Section 21620) 13.4.8 Prior Service (Section 20055) 13.46.9 Public Service Credit for Periods of Layoff (Section 21022) 13.5 "CITY and MBFF to jointly explore the establishment of an employee -funded Retirement Health Savings Account. ARTICLE 14 HEALTH BENEFITS 14.1 GityCITY shall pay, to each active employee by each pay period, the monthly sum of the health plan selected by the employee, and dental/life and vision plans. CITY and MBFF agree that CityCITY payment of this lump sum is to be used to provide medical care coverage for the employee and/or employees dependents, and that the employees hold harmless the GityCITY, its officers and agents, including, but not limited to, liability arising out of this agreenwfAh OU. Employees will be supplied with the current division of payment for medical, dental/life, and vision insurance between C-ityCITY and each employee in MBFF, as changes occur during this AgreeffientMOU. 14.2 HEALTH INSURANCE 14.2.1 Employees ef this U, PERSCALPERS " n of these eentributien "Aes shall be paid by the empleyee and r-etir-ee. 14.2.12 MBFF shall receive a cafeteria plan contribution, --(including the minimum contribution amount required by CaIPERS 4- `"2,-abeve), as follows: Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 - up to $967/month or cost of insurance, whichever is less Employee + family - up to $1,080/month or cost of insurance, whichever is less 14.2.2 Be inning January 1, 2015 (effective with thepay period beginning December 1, 20141 MBFF shall receive a cafeteria plan contribution, including the minimum contribution amount required by Ca1PERS, as follows: Employee only - Lip to $715/month or cost of insurance, whichever is less Employee + 1 - up to $1.025/month or cost of insurance, whichever is less Employee + family - up to $1,180/month or cost of insurance, whichever is less C� J Morro Bay Firefighters Unit 2044-2014 - 2016 MOU Page 12 0 14.3 DENTAL/LIFE AND VISION INSURANCE Life Insurance is provided at $30,000 per employee ($350,000 beginning January 1, 20130. The following rates were effective January 1, 20134. Vision Dental Life Totals City pays EE pays Employee only $ 7.87 $ 43.37 $5.70 $ 56.94 $ 54.01 Employee + 1 $15.68 $106.91 $5.70 $128.29 $116.54 $11.75 Employee + 2+ $20.25 $107.08 $5.70 $133.03 $120.82 $12.21 CITY will pay the remaining premium for dentali life and vision. ARTICLE 15 EDUCATIONAL INCENTIVES 15.1 COLLEGE DEGREES 15.1.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above the minimum required in their respective classification. Achievement in Fire Science $ 300 annually • Associates Degree $ 600 annually Bachelor's Degree $1200 annually 15.1.2 If an employee's job description requires an Associate's degree, and the employee has a Bachelor's Degree, the employee will receive only the difference between an Associate's and a Bachelor's degree, or $600 annually. 15.1.3 If an employee's job description requires a degree, or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. This section shall not be interpreted to reduce the amount of education incentive pay that any employee, hired prior to January 1, 1998, receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. -In the event an employee hired prior to January 1, 1998 promotes to a position requiring a degree not required by the lower position, or if the job description for an employee hired prior to January 1, 1998, is revised to require a degree, not previously required for the position, the employee shall, for the term of this MOU, continue to receive the amount of education incentive pay received in the lower position or previous job description. • 15.1.4 Based on the new job descriptions for all classifications, which were adopted in May 1995, as well as salary survey implementation over the last three years, employees Morro Bay Firefighters Unit 2043-2014 - 2016 MOU Page 13 currently in positions now required to hold an AA or BA degree, according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees, hired on or after January 1, 1998, or current employees, promoted on or after January 1, 1998, to positions requiring degrees, will be subject to sSection 15.1.3 above. 15.1.5 Employees, hired on or after January 1, 1998, shall not be eligible for this incentive. Additionally, MBFF, hired prior to January 1, 1998, and in the process of obtaining their AA or BA degree, have until December 31, 2000, to obtain said degree and be eligible for the incentive. After December 31, 2000, this incentive shall expire, except as otherwise set forth in this section. ARTICLE 16 UNIFORM ALLOWANCE The uniform for the Fire Department is a two-piece work uniform; and two T-shirts, of a style, material and manufacture determined by the Fire Chief. Two (2) complete uniforms will be provided upon initial employment with the Fire Department, and replacements provided are on an "as needed basis," as determined by the Fire Chief. The CITY will provide safety footgear of type, style, and manufacture, as recommended by the Fire Chief. CITY is responsible for normal upkeep, i.e., heels and soles, with replacement as determined by the Fire Chief. ARTICLE 17 SALARIES • 17.1 percent. Effective with the pay period including July 1, 2014, MBFF salaries shall be increased by three percent (3%). Effective with the pay period including July 1, 2015, MBFF salaries shall be increased by three percent (3%). Attached Exhibit BA reflects salaries for the MBFF for the duration of this AgfeenwntM U. 17.2 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. 17.3 Any and all education/special pay incentives will be added to base salary. 17.4 Electronic Deposit. All employees hired after January 1, 2003, 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. 17.5 The following agencies shall be utilized for compensation comparison purposes: Arroyo Grande, Atascadero, CDF, Cambria, Paso Robles, and San Luis Obispo. • Mono Bay Firefighters Unit 2013 2014 - 2019 MOU Page 14 ARTICLE 18 SPECIAL PAY PRACTICES IEl��ul�l�)(N1)Iy�i�INq�rrn� 18.1.1 An employee, certified as an EMT-P (Paramedic), shall receive a monthly differential of S450 per month. 18.1.2 The fityCITY may require any employee to attend EMT-P training. 18.1.2 The CITY and MBFF retains the right to re -open negotiations after January 1, 2015, to discuss increases to Article 18.1.1. 18.2 CALL -OUT PAY 18.2.1 It is agreed that the CITY will guarantee a minimum of twethree (31 hours pay, computed at straight hourly rates, for any MBFF member called back to duty from an off -duty status. • 18.2.2 If an employee is called to return to duty, such call -out shall not be canceled until the employee reports to the (Fire sStation.. To be eligible to receive the minimum the employee must report to the Wire sStation. 18.2.3 If an employee is on -duty and held beyond the end of the work period, time worked will be paid as actual hours worked, under Section 10.4 of this agreeRwm OU. Such holdover shall not qualify for Call -out Pay. 18.3 WORKING OUT -OF -CLASS Employees may be worked on an out -of -class assignment only as provided in the Personnel Rules and Regulations of the CityCITY-efMerre-Bey, except as provided herein below: 18.3.1 Employees shall receive an additional 5% compensation for out -of -class assignments that last 24 consecutive hours. Such additional 5% pay shall start on the 25th hour, retroactive to the first hour of the out -of -class assignment. Such additional compensation shall be paid during the first six (6) months of the out -of -class assignment. 18.3.2 If the assignment is extended by 6six 6 months, then starting on the first day of the extension: • 18.3.2.1 tThe employee shall continue to receive the 5% compensation, if the out - of -class assignment is required to fill an absence due to an employee who is out on 4850 leave. Morro Bay Firefighters Unit 2013-2014 - 2016 MOU page 15 18.3.2.2 tThe employee shall receive an additional 5% for a total of 10% • additional compensation, if the out -of -class assignment is required to fill a vacant position. 18.3.3 An employee placed in an out -of -class assignment will not be taken off that assignment for the sole purpose of avoiding the payment provided above. 18.3.4 Whenever possible, GityCITY intends to fill vacancies with qualified employees. 18.3.418.3.5 Short-term out -of -class assignments such as Acting Captain) will be paid on an hour -for -hour basis. 18.4 STANDBY PAY Compensation for standby duty for acting Fire Chief position, when not called back to duty, shall be paid two (2) hours of overtime pay (acting rate) per full 24 hour shift. 1 O C 1 In the absenee of a e taro onan),shift—en-engineer..ill be designated as A eti fi 10 G 2 Em levee.. de..: naled a indigated in 18.5. 1 y shall rveeive an ...7Aa e,..,1 GOL hour. while oeFfefmiag that assiepAnefit. on an hatif fer-he 1 —jr- h- F —11; is. • ARTICLE 19 HEALTH AND SAFETY ARTICLE 19.1 Management shall provide and maintain safe and healthy work facilities and equipment. 19.2 Safety and health conditions in employment in the "CITY ef Merre Bay are subject to the provisions of State and Federal legislation, which regulates the health environment and safety conditions of the work place. 19.3 A Citywide Safety/Loss Control Committee shall be established, and shall review accidents, review alleged safety deficiencies, and recommend safety training and safety equipment. The MBFF may appoint one unit representative to serve on the committee. If the committee meets, during the designated employee's normal working hours, the employee shall receive paid release time to attend the meeting. 19.4 If an employee becomes alerted to an unsafe condition or health hazard, he/she shall report such condition to his/her immediate supervisor. If such conditions cannot be satisfactorily remedied by the immediate supervisor, an employee has the right to submit the matter either personally, or through the steward, to his/her Department Head, or designated safety representative. On any matter of safety not resolved, after proceeding through the above process, consultation will take place between management and the MBFF, if requested. • Morro Bay Firefighters Unit 2042 2014 - 2016 MOU Page 16 19.5 A first aid kit shall be furnished and maintained at work facilities readily and conveniently accessible to MBFF employees. 19.6 Management agrees to provide to employees, who are exposed to potentially toxic agents or toxic materials, the appropriate medical services at no cost to the employee. 19.7 Any safety equipment required by the CITY shall be furnished by the CITY. ARTICLE 20 MINIMUM STAFFING 20.1 CITY agrees to provide minimum staffing of three full-time personnel except in cases of emergency as determined by the Fire Chief a. Exception: For brief transitional periods lasting 10 hours or less, minimum staffing may be allowed to drop to a minimum of two with the Chiefs approval. 20.2 The 2004 Morro Bay Fire Department 5-Year Strategic Plan recommended that the C—iK TY of ?,4ene Bay provide 4-person daily staffing in the Fire Department. a. The GityCITY and MBFFA agree that 4-person full-time minimum staffing will be provided in the MOU, when a second fire station or second company is staffed and • operational. The 4-person minimum refers to the total on -duty staffing of full-time firefighters in the CityCITY-o€Mene-Bey. • b. The GityCITY currently staffs a single, two-piece suppression company consisting of an engine and a rescue. This response configuration is not affected by item a. above. 20.3 The C—ityCITY agrees to cap the total number of part-time, unrepresented firefighters to one per scheduled 24 hour shift. a Exception: In an emergency, and for mutual aid response coverage, the EityCITY may have more than one reserve firefighter working 24-hour shifts, provided the Q15 CITY is meeting its minimum staffing requirements. 20.3.1 For as there are seven filled Firefighter/Engineer positions within the Department, the least senior qualified person will be assigned to vacation relief. In the event of retirement, resignation or termination, vacation relief individual will have the first right of refusal to that open position. If the seventh Firefighter/Engineer position is eliminated, there will be no vacation relief position. 20.3.2 The C-ityCITY will post a work schedule every 30 days for the vacation relief position, and provide 96 hours notice prior to making schedule changes. There will be no more than two schedule changes within each 30 day schedule. Mono Bay Firefighters Unit 2043-2014 - 2016 MOU Page 17 ARTICLE 21 PERSONNEL RULES Parties recognize the applicability and agreement with the Personnel Rules utilized by the CityCITY for all employees. From time to time, the Personnel Rules may be amended, and the GkyCITY will offer the opportunity to meet and confer on those items, within the scope of bargaining. Nothing in this article shall make the GityCITY's Personnel Rules subject to the Grievance Procedure. ARTICLE 22 LAYOFFS The parties agree to use the layoff procedure as set forth in 2.32.120 of the C-ityCITY's of Niefre 13 Municipal Code along with the CITY Layoff Policy. For purposes of workforce reductions, as outlined by the CityCITY's pPersonnel Rules and Rregulations, shifts worked by part-time, unrepresented employees will be eliminated prior to a reduction in full-time MOU represented personnel. ARTICLE 23 PROCESSING OF FORMAL GRIEVANCES 23.1 The MBFF agrees that whenever investigation or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. It is further agreed that the time spent on an investigation and processing of grievances will not interfere with the normal operation of the department. CITY agrees to provide a reasonable amount of time for the investigation and the processing of a grievance, but by so agreeing does not imply that the processing or investigation of a grievance shall take priority over normal functions of the department. 23.2 CITY further agrees that any payment of overtime arising because of MBFF personnel's involvement in grievance investigation or processing shall not be authorized. Time spent on the investigation and processing of grievances will be recorded on a form provided by CITY. Stewards will be permitted reasonable time -off with pay for the investigation and processing of grievances provided, however, stewards shall first obtain permission from the department head and/or his/her designee and inform him/her of the nature of his/her business. CITY shall grant such permission promptly unless such absence would cause an undue interruption of work or would require the CITY to pay overtime in order to maintain the normal operation of the department. U 23.3 Upon entering the work location, the steward shall inform the department head and supervisor of the nature of his/her business. Permission to leave a job will be granted to the employee involved unless such absence would cause an interruption of work. If the employee cannot be made available, the steward will seek an alternate time for employee • availability with the department head or supervisor. Morro Bay Firefighters Unit 2043 2014 - 2016 MOU Page 18 :! 23.4 It is agreed that in some instances the investigation and processing of a grievance may be accomplished on the employee's time. This ageementMOU is in recognition of the mutual sharing of costs involved in the handling of employee -initiated actions. 23.5 Procedures shall be in accordance with Resolution No. 46-74 and any amendments thereto. ARTICLE 24 ELIMINATION OF FIRE SERVICE If the fire service function of the EityCITY of Meere- Bay -is merged into another agency, or if another agency assumes said function, then prior to such action, the QtyCITY shall meet and confer with MBFF concerning the effects of such action. ARTICLE 25 NO STRIKE, NO LOCK -OUT 25.1 During the life of this agreenwfttMOU. the QtyCITY will not lock out any employees nor will the MBFF cause, authorize, advise or encourage any interruption of work or any other concerted refusal to render services or to work, including overtime or any other curtailment or restriction of work at any time during the term of this AgreernentMOU. The term "interruption of work" shall mean any work stoppage or strike (including economic and • unfair labor practice strikes) or any intentional slow down of work. 25.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 25.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 26 FULL UNDERSTANDING, MODIFICATION. WAIVER 26.1 This "a-e_-_w OU sets forth the full and entire understanding of the parties, regarding the matters set forth herein, and any other prior or existing understanding or ageementMOUs by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 26.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 26.3 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 MBFF. Morro Bay Firefighters Unit 2913 2014 - 2016 MOU Page 19 1, 26.4 The waiver of any breach of any term, or condition of this AgreementMOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 27 SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Date: Jeff Simpson Michael Talmadge Date: CITY OF MORRO BAY Edward Kreins, Interim City Manager Susan Slayton, Admin Svcs Dir Laurie Goforth, Human Resources Analyst • Morro Bay Firefighters Unit 2043-2014 - 2016 MOU Page 20 • RESOLUTION NO. 72-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEHI) LOCAL 620 AND RELATED COMPENSATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, representatives of the City of Morro Bay (CITY) and representatives of the Service Employees International Union (SEIU) Local 620 met and discussed the terns and conditions of employment, through the Meet and Confer process; and WHEREAS, the meetings between the SEIU and the CITY have resulted in a mutual agreement and understanding; and WHEREAS, the employees represented by the SEIU accept all of the terms and conditions as set forth in the MOU attached and made a part of this Resolution herewith; and WHEREAS, the CITY now desires to provide said salaries, benefits and conditions to the members of SEIU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt this Resolution adopting an MOU on the compensation and working conditions for the Service Employees International Union (SEIU) Local 620 for the period July 1, 2014 through June 30, 2016, and authorizes the City Manager to execute all necessary documents to implement said changes. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this 28'" day of October, 2014 by the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSENT: None JAMIE L. IRONS, M or ATTEST: JANHE BOUCHER, City Clerk 0 0 0 • Table of Contents ARTICLE1 - PURPOSE............................................................................................................................................. 1 ARTICLE 2 - MANAGEMENT........................................................................................................... •..................... 1 ARTICLE 3 - RECOGNITION..................................................................................................................................34 ARTICLE 4 - UNION BUSINESS............................................................................................................................... 5 ARTICLE 5 - AUTHORIZED AGENTS..................................................................................................................... 6 ARTICLE 6 - UNION SECURITY AND WITHHOLDING OF UNION DUESIFEES............................................. 6 ARTICLE7 - TERM.................................................................................................................................................... 8 ARTICLE 8 - RENEGOTIATIONS............................................................................................................................. 8 ARTICLE 9 - ANTI-DISCRIMINATION..................................................................................................................19 ARTICLE 10 - WORK SCHEDULE..........................................................................................................................89 ARTICLE I I - VACATION LEAVE.........................................................................................................................10 ARTICLE12 - HOLIDAYS....................................................................................................................................1 142 • ARTICLE 13 - SICK LEAVE.................................................................................................................................1243 ARTICLE 14 - RETIREMENT BENEFITS...............................................................................................................13 ARTICLE 15 - HEALTH BENEFITS.........................................................................................................................15 ARTICLE 16-EDUCATION INCENTIVES.............................................................................................................17 ARTICLE17 - WORK UNIFORMS.......................................................................................... ..................18 ARTICLE 18 - WAGES AND INCENTIVES...........................................................................................................18 ARTICLE19 - SPECIAL PAY PRACTICES.............................................................................................................19 ARTICLE20 - PROBATION.....................................................................................................................................21 ARTICLE21 -GRIEVANCE PROCEDURE.............................................................................................................21 ARTICLE 22 - NO STRIKE, NO LOCK-OUT......................................................................................................242-3 ARTICLE 23 - FULL UNDERSTANDING, MODIFICATION, WAIVER..............................................................24 ARTICLE24 - SEVERABILITY............................................................................................................................2524 E City of Morro Bay General Unit 20134-20146 Page ii MEMORANDUM OF UNDERSTANDING BETWEEN • SERVICE EMPLOYEES' INTERNATIONAL UNION; LOCAL NO. 620-, AFL-CIO AND THE CITY OF MORRO BAY JULY 20134 - JUNE 20146 ARTICLE 1— PURPOSE 1.1 WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and 1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate, and in structure because it is a public entity rather than a profit making business; and 1.3 WHEREAS, Service Employees International Union Local No. 620 and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE, this Memorandum of Understanding is entered into as of July 1, 20134 between the City of Morro Bay, r-efeffed fe ashearafter called the "CITY," and Service Employees' International Union Local No. 620, fef�d--to—ashereafter called the "UNION." is 1.5 It is the intent and purpose of this Memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise,; and to negotiate any misunderstanding, which could arise, and to set forth, herein, the basic and full agreement between the parties, concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 — MANAGEMENT 2.1 In order to ensure that the CITY shall continue to carry out its municipal functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public service for the citizens of Morro Bay, the CITY continues to reserve, and retain solely and exclusively, all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law, and those CITY rights set forth in the CITY's Personnel Rules and Regulations, and including, but not limited, to the following: 2.1.1 To manage the CITY, determine policies and procedures, and the right to manage the affairs of all Departments. 2.1.2 To determine the existence, or nonexistence, of facts that are the basis of the • management decision in compliance with State law. City of Morro Bay General Unit 20134-20146 Page 1 • 2.1.3 To determine the necessity, organization, implementation, and termination of any service or activity conducted by the CITY or other government jurisdiction, and to expand or diminish services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees, in accordance with Department or CITY Rules, Regulations, or Ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of services to be provided to the public. 2.1.6 To require performance of other public services, not specifically stated herein, in the event of emergency or disaster, as deemed necessary by the CITY. 2.1.7 To lay off employees because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the CITY. 2.1.8 To determine and/or change facilities, methods, technology, equipment, operations • to be performed, organization structure, and allocate or assign work by which the CITY operations and services are to be conducted. • 2.1.9 To determine method(s) of financing. 2.1.10 To plan, determine, and manage Departments' budget, which includes, but is not limited to, changes in the number of locations and types of operations, processes and materials to be used in carrying out all functions, and the right to contract or subcontract any work or operations. 2.1.11 To determine the size and composition of the work force, assign work to employees of the CITY, in accordance with requirements determined by the CITY, and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this agfeeeneetMEMORANDUM, or subsequent agreernestMEMORANDUMs. 2.1.12 To establish and modify goals and objectives, related to productivity and performance programs and standards, including, but not limited to, quality and quantity, and required compliance therewith. City of Morro Bay General Unit 20134-20146 Page 2 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and • standards, job classification, job specifications, and to reallocate and reclassify employees, in accordance with division and/or CITY Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the CITY, and to take necessary action to achieve the goals and objectives of the CITY. 2.1.15 To hire, transfer intra- or inter -Department, promote, reduce in rank, demote, reallocate, terminate, and take other personnel action for non -disciplinary reasons, in accordance with Department and/or CITY Rules, Regulations and Ordinances. 2.1.16 To determine policies, procedures and standards for recruiting, selecting, training and promoting employees. 2.1.17 To establish, implement, and/or modify Rules and Regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in facilities and operation. 2.1.19 To restrict the activity of an employee organization on CITY facilities, except as • set forth in this agreeraerAMEMORANDUM. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the CITY, in emergencies or any other time deemed necessary by the CITY, and not specified above. 2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code. 2.3 Authority of Third Party Neutral — Management Rights All management rights, powers, authority, and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the CITY. No third party neutral shall have the authority to diminish any of the management rights that are included in this agreementMEMORANDUM. 2.4 Nothing herein is meant to diminish employee rights provided by the Government Code. ARTICLE 3 — RECOGNITION 3.1 Pursuant to Resolution No. 74-69, the Employer -Employee Relations Resolution of the City of Morro Bay and applicable state law, Service Employees International Union Local • 620 (hereafter- "' NIOPP" was designated by the City of Morro Bay (h " City Council as the exclusive representative of City employees in the Miscellaneous City of Morro Bay General Unit 20134-20146 Page 3 • C� J Employees Unit (hereafter "UNIT"). The UNIT is comprised of the following classifications: Account Clerk I Account Clerk II Account Clerk III Administrative Technician Administrative Utilities Technician Assistant Planner Associate Planner Building Inspector Engineering Technician I Engineering Technician II Engineering Technician III Engineering Technician IV 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 Support Services Technician Wastewater Treatment Plant Leadworker 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 1 Wastewater Collection System Operator II Wastewater Collection System Operator III Wastewater Collection System Supervisor Water System Operator I Water System Operator II City of Morro Bay General Unit 20134-20146 Page 4 Water System Operator III • Water System Supervisor The term "employee" or "employees," as used herein, shall refer only to the foregoing classifications. 3.2 Employees, working on a regular basis in a classified position, but less than full-time, shall receive vacation and sick leave accruals on a pro -rated basis, commensurate with hours worked. Effective January 1, 1998, all benefits for new hires, including insurance benefits, will be allocated on a pro -rated basis, commensurate with hours worked. 3.3 Electronic Deposit: All Employees, hired after the effective date of this contract, shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH-member financial institution. ARTICLE 4 - UNION BUSINESS 4.1 Employee representatives, designated by the UNION, shall be granted time off, without loss of pay, to attend "meet and confer" sessions with the City Manager, and/or his/her designee, on subjects within the scope of representation, when such meetings are scheduled during regular working hours. Should such meeting extend beyond an employee • representative's regular working hours, the employee representative shall be paid for only the regular working hours. It is understood that this "time -off provision" shall only apply to a maximum of three Q employees attending any one meeting between CITY and UNION. Where exceptional circumstances warrant, the City Manager may approve the attendance at such meetings of additional employee representatives. The UNION shall, whenever practicable, submit the names of all employee representatives to the Mtmieipal Employee Relations Offieefthe City Manager, or designee at least two working days in advance of such meetings. Provided further: 1) that no employee representative shall leave his/her duty or work station or assignment without specific approval of the department head or other authorized CITY management official; and 2) that any such meeting is subject to scheduling by CITY management and UNION, in a manner consistent with operating needs and work schedules. 4.2 Nothing provided herein shall limit or restrict CITY management and UNION from scheduling such meetings before or after regular CITY or work hours. 4.3 Off -duty employees will not be paid for attending meet and confer sessions, nor will over- time be paid for same. • City of Morro Bay General Unit 20134-20146 Page 5 • ARTICLE 5 - AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this aAgeementN EMORANDUM: 5.1 Management's principal authorized agent shall be the City Manager, or his/her duly authorized representative (address: 595 Harbor Street, Morro Bay, CA 93442; telephone: (805) 772-6201), except where a particular management representative is specifically designated in the ^ _mentMEMORANDUM. 5.2 The UNITs principal authorized representative shall be: Service Employees International Union Local 620 (2345 South Broadway, Ste C, Santa Maria, CA 93454 (805) 963-0601). 5.3 The UNION shall furnish the CITY's City Manager with a written list, identifying by name and work location, up to three stewards and one chief steward. 5.4 UNION stewards shall be authorized, when participating in the investigation and processing of a grievance, to take a reasonable amount of CITY —time, without loss of compensation or benefits, to perform these duties. 5.5 UNION stewards shall be selected in accordance with current SEIU written policy on file with the CITY Human Resources Office. • ARTICLE 6 — UNION SECURITY And WITHHOLDING OF UNION DUES/FEES 6.1 "Maintenance of Membership" All UNIT employees who, on the effective date of this Memorandum, are members of SEIU; Local 620, and all such employees, who thereafter voluntarily become members of Local 620, shall maintain their membership in Local 620;, subject to the right to resign membership during the period commencing thirty days prior to die -June 30 of each year of this MOU. 6.2 Agency Shop Pursuant to UNION's initiation, allowed by an amendment to the Meyers-Milias-Brown Act, the CITY and the UNION will abide by the following provisions, as they relate to an agency shop. Agency Shop, as defined under Meyers-Milias-Brown, means "an arrangement that requires and employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization." CITY recognizes that UNION has petitioned for ,and a majority of employees have cast ballots in a secret ballot election in favor of, agency shop for this bargaining anitUNIT. • City of Morro Bay General Unit 20134-20146 Page 6 The United States Supreme Court has decided that Unions may not charge non-members . for expenses unrelated to the actual representation of the employees in the bargaining tmkIR IT. such as political contributions, organizing activities, and member -only benefits. Employees, who question whether the amount of the UNION's Agency Fee contains unlawful charges, may file a written objection with the UNION to the Agency Fee, and if successful, have their Agency Fee reduced to cover only the lawfully -chargeable amount. Any costs related to this objection process will be borne by the UNION. 6.3 Conscientious Objection Any employee, who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, shall not be required to join or financially support any public employee organization as a condition of employment. Such employees shall be required to, in lieu of periodic dues, initiation fees, or agency fees, pay sums, equal to the dues, initiation fees, or agency fees, to a nonreligious, non -labor charitable fund, exempt from taxation under Section 501(C)(3) of the Internal Revenue Code, chosen by the employee from the following: Hospice, CASA, or United Way for the purpose of payroll deductions. Proof of payments shall be made on a monthly basis to the Publie AgeneyCITY, as a condition of continued exemption from the requirement of financial support to the UNION. 6.4 Covered employees shall execute written authorization for either UNION dues deductions, the agency fee, or, if eligible, the charitable contribution. In the absence of a written authorization, the CITY shall deduct the agency fee from the employees' paycheck, • pursuant to California Government Code Sec. 3502. The CITY agrees to promptly remit, to the UNION, all monies deducted, accompanied by an "Agency Fee Deduction Report," to include the names and amounts of the deductions in the same manner and timeframes as the current provision of the dues deduction reports. 6.5 Rescission of Agency Shop This agency shop provision may be rescinded by a majority vote of all the employees in the unitUNIT covered by the Memorandum of Understanding, provided that: 6.5.1 A request for such a vote is supported by a petition of at least 30% of the employees in the bargaining w4LNIT; 6.5.2 The vote is by secret ballot; 6.5.3 The vote may be taken at any time during the term of the Memorandum of Understanding, but in no event shall there be more than one vote taken during each contract year. 6.6 Applicability An agency shop arrangement shall not apply to management, confidential, or supervisory employees. LJ City of Morro Bay General Unit 20134-20146 Page 7 . 6.7 Reporting Requirement The UNION shall keep an adequate itemized record of its financial transactions, and shall make available annually, to the CITY and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report, thereof, in the form of a balance sheet and an openratineing statement, certified as to accuracy by its president and treasurer or corresponding principal officer, a certified public accountant, or as otherwise required by law. 6.8 Indemnification The UNION shall indemnify, and hold the CITY harmless, against any liability arising from any claims, demands, or other action relating to the CITY's compliance with the agency shop obligation. The UNION shall comply with all statutory and legal requirements, with respect to agency shop. ARTICLE 7 - TERM Except as otherwise specifically provided herein, the term of this AgreernentMEMORANDUM commences July 1, 241-32014, and expires, and is otherwise fully terminated, at midnight on June 30,40142016. ARTICLE 8 - RENEGOTIATIONS • 8.1 In the event either party wants to renegotiate a successor AgreereentMEMORANDUM such party shall serve, upon the other during the period December 1, 2013 2015 to January 30, 20142016, its written request to begin negotiations, as well as its full and entire written proposals amending this agreereeatMEMORANDUM. is 8.2 The parties agree that, except by mutual agreement, no new subjects may be introduced into the process after the third negotiations meeting. 8.3 Upon receipt of such written notice and proposals, negotiations shall begin no later than March 1,-20142016. ARTICLE 9 - ANTI -DISCRIMINATION The CITY and UNION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 10 - 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. City of Morro Bay General Unit 20134-20146 Page 8 10.1 Workday . The normal workday shall be eight hours of work in a 24 consecutive hour period, except in cases of emergencies. Alternative work schedules can be implemented, upon approval of the City Manager, and providing they are not in violation of Fair Labor Standards Act (FLSA) regulations. 10.2 Work Shift 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. Call -out or overtime does not constitute as change in work shift. 10.3 Work Week The normal workweek shall be five workdays and two consecutive days of rest in a seven 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. 10.4 Overtime Compensation 10.4.1 All work required by the CITY, and actually performed beyond 40 hours worked • in a workweek, is defined as FLSA) overtime. FLSA overtime shall be compensated at one and one-half (times the employee's regular rate of pay, as defined by FLSA. 10.4.2 Designated CITY holidays shall be considered as time worked, for purposes of computing overtime, for personnel working a Monday through Friday, eight hours a day, schedule with Saturday and Sunday as regular days off. Employees working other schedules will accrue eight hours holiday time, and; if working on the CITY designated holiday, be paid at the rate of one and one-half (times the employee's regular rate of pay, as defined by FLSA. Effective upon the ratification of this contract, vacation hours used shall also be considered as time worked, for overtime calculation purposes. 10.4.3 There shall be no double compensation for the same hours of work, nor any "pyramiding" of overtime. 10.5 Compensatory Time Off (CTO): 10.5.1 At the employee's option, CTO may be taken in lieu of payment for overtime. 10.5.2 CTO may be accrued. An employee's CTO balance shall indicate the amount of CTO available for employee's use. For example, if an employee works two hours • City of Morro Bay General Unit 20134-20146 Page 9 . of FLSA overtime, and elects to accrue CTO, the employee's CTO balance shall indicate three hours. 10.5.3 An employee's CTO balance shall not exceed a maximum of 60 hours. If overtime is earned that would exceed this limit, the excess shall be paid in cash. 10.5.4 All CTO, requested by an employee, must be approved in advance by the employee's Department Head. 10.5.5 Employees, separating from the CITY, are entitled to pay for accumulated CTO at hi4hertheir current base rate of pay. 10.6 Emergencies 10.6.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties, for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. 10.6.2 Short —staffing, caused solely by absences due to employees taking approved paid leave, shall not be considered an emergency. • 10.7 Shift Rotation Shift rotation shall coincide with the first day of a pay period. ARTICLE 11 - VACATION LEAVE NOTE: All leave time (vacation, sick leave, holiday, etc.) will be taken off on an hour -for -hour basis, equaling employee actual time off, regardless of accumulation rates. I L I During the term of this agfeemeetMEMORANDUM, paid vacation leave shall be earned at the following rate: Maximum Entitlement Service Years Days Hours 1 thru 2 10 80 3 thru 4 11 88 5 thru 6 12 96 7 thru 8 13 104 9 thru 10 14 112 11 thru 12 15 120 13 thru 14 16 128 15 thru 16 • 17 136 17 thru 18 18 144 City of Morro Bay General Unit 20134-20146 Page 10 19 thru 20 19 152 • 21 or more 20 160 11.2 The standard for vacation time is eight hours equals one day. 11.3 Effective July 1, 29142 114, employees will be provided an option to convert up to 40 hours of vacation into compensation per fiscal year provided that at the time of the conversion request at least 20 hours of vacation time remains in the employee's vacation bank. Conversion shall be requesied by November ' ' for payment to be Fnade in DeeembeFinay be requested throughout the fiscal year, with a minimum of 30 days' notice to payroll, and Department Head approval. 11.4 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 UNION agree on the following policy: 11.4.1 CITY and UNION agree that the vacation cap to be in place for this unkUNIT will be 220 hours, to be achieved in the following manner: 11.4.1.1 Unused vacation leave may be carried over into the calendar year 2008 • and subsequent calendar years to a maximum of 220 hours. Employees exceeding the 220 hour maximum, as of the pay period containing November Is' -will be paid off for vacation time that exceedsieg the 220 hour maximum. Payment shall be computed based upon the employee's current base hourly rate of pay -- �`�'� -`mow ealendaf- ye . Vacation pay out will occur in the first pay period occurring on or after December ln. 11.4.2 Employees, separating from the CITY, are entitled to pay for accumulated vacation based upon employee's current base hourly rate of pay as of Rine 30 prior- segera4iea. ARTICLE 12 - HOLIDAYS 12.1 For the purpose of this agr-eeme AMEMORANDUM, the following days are the holidays for the employees in this tmkUNIT: New Year's Day January 1 Martin Luther King, Jr.'s, Day P Monday in January Lincoln's Birthday February 12'h President's Day P Monday in February Memorial Day Last Monday in May • Independence Day July 4`s City of Morro Bay General Unit 20134-20146 Page 11 • Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Day Christmas Day Two (2) Floating Holidays ]n Monday in September November 1Im 4t° Thursday in November Friday after Thanksgiving December 25'h Varies 12.2 Holidays, falling on Saturday, shall be observed on the preceding Friday, and holidays, falling on Sunday, shall be observed on the following Monday, and shall be considered designated holidays for purposes of overtime. 12.3 One holiday equals eight hours. For those UNIT employees, participating in alternative work schedules, one holiday shall equal the number of hours the employee is scheduled to work on the day of the holiday. Accrued holiday time may be taken in less than eight hour increments. 12.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be selected by the Department Head. 12.5 Employees may accumulate up to a maximum of 48 hours holiday time for holidays • worked. 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. is 12.6 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. 12.7 Employees, who work on a CITY -designated holiday, shall have eight hours banked, and also shall be paid one and one-half times their base hourly rate for the hours actually worked on the holiday. ARTICLE 13 - SICK LEAVE 13.1 During the term of this agreeme AMEMORANDUM, sick leave shall be earned at the rate of one 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 10 hour days per week and is off sick for one of the 10 hour days, 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. 13.2 Based on individual utilisation of paid sick leave in the preceding calendar year, employee may convert unused accumulated sick leave into paid vacation leave once dtningthe €eHewing ear €iseal calendar year, pursuant to the formula below: City of Morro Bay General Unit 20134-20146 Page 12 Maximum Conversion • Sick Leave Utilization Sick Leave To Vacation Leave 0 hours 96 hours 48 hours .25 to 8 hours 72 hours 36 hours 8.25 to 16 hours 48 hours 24 hours 16.25 to 25 hours 24 hours 12 hours Over 25 hours 0 0 At least 160 accrued hours shallmust remain in employee's sick leave bank eetwer-sien is authorized. for any employee to be eligible for conversion or for any conversion to be authorized. In addition, the right to convert, along with any conversion hours, do not carry over or rollover from ftsealcalendar year to €rsealcalendar yeari fail -re: failure to reauest conversion in anv f:sealcalendar vear eliminates the right to do so for that €rsealcalendar year. 13.3 Upon the service retirement of an employee who has more than 10 years of service with the CITY, said employee shall be entitled to receive payment for up to the fi- 4ays720 hours of his/her accrued sick leave at thirty percent (30%) of the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof • NOTE: Sick leave, converted to service credit for PERS purposes, cannot be compensated (converted to dollars). ARTICLE 14 - RETIREMENT BENEFITS 14.1 All employees will contribute the entire employee retirement contribution, which is currently: 1) classic members, Tier 1 - 8% Miscellaneous/9% Safety: classic members, Tier 2 - 7% Miscellaneous/9% Safety: or PEPRA members, Tier 3 — 6.25% Miscellaneous/11.5% Safety. 14.2 The CITY agrees to continue providing all CalPERS Miscellaneous employees in this uUrdtUNIT, who were hired prior to January 1. 2012-with with the following CalPERS retirement formula and optional benefits (existing employees promoted to another position within the CityITY, will not be considered new hires, with respect to retirement formulas): 14.2.1 2.71/o at@a 55 plaxformula (Section 21354.5) 14.2.2 Unused Sick Leave Credit Option (Section 20965) 14.2.3 Military Service Credit (Section 21024 & 21027) 14.2.4 Single Highest '-ear Year Final Compensation (Section 20042) 14.2.5 1959 Survivor Benefit, Level 4_(Section 21574) • 14.2.6 Pre -Retirement Option 2W Death Benefit (Section 21548) City of Morro Bay General Unit 20134-20146 Page 13 • 14.3 For CalPERS Miscellaneous employees, who were hired on or after January 1, 2012, but before January 1, 2013, and those hired on or after January 1, 2013, who meet the definition of classic member, pursuant to the California Public Employee's Pension Reform Act of 2013 (PEPRA), the CITY shawill be -provide the following CaIPERS optional benefitsas fellews: 14.3.1 2% @ 60 plyformula (benefit factor increases to 2.418% (a� 63+) (21353) 14.3.2 Unused Sick Leave Option (Section 20%5) 14.3.3 Military Service Credit (Section 21024 & 21027) 14.3.34 Final Compensation Average 36 consecutive highest months (20037) 14-}4-Military ceFyiee Credit (21" 14.3.5 1959 Survivor Benefit,-4*-Level 4 (21574) 14.3.6 Pre -Retirement Option 2 W Death Benefit (Section 21548) 14.4 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013, employees hired, who meet the definition of new member under PEPRA, will be covered by following retirement formula and receive the following CaIPERS optional benefits: the 14.4.1 2% @ 62 retirement formula (benefit factor increases to 2.5% (a), 67+). 14.4.2 -Final eCompensation Average 36 consecutive highest months (20037�reisien • 14.4.3 _ember contribution rate of fifty (50) percent of the expected normal cost to .: current) 62 5 14.4.4-4 Unused Sick Leave AptieaCredit (Section 20965) 14.4.25 Military Service Credit (Section 21024 and 21027) 1 A A 2 Final Ge-....eris..d n A..erage 36 a eutiye L:..hes4 months (2003 ) 14.4.436 1959 Survivor Benefit,_-4&-Leve14 (21574) 14.4.47 Pre -Retirement Option 2W Death Benefit (Section 21548) 14.5 The CITY agrees to continue nrovidemi g emYNyees Nred prier to September 17 2011 CalPERS Safety employees (Harbor Officers reclassed to Safety 10/17/1998) in this ukhtitUNlT, who were hired prior to September. 772011, with the following CaIPERS retirement formula and optional benefits (existing employees, promoted to another position within the CityI� will not be considered new hires, with respect to retirement formulas): 14.5.1 Highest Single Year Compensation (Seetien 3% @ 50 plan (21362.2) 14.5.2 Unused Sick Leave Credit (Section 20965) 14.5.3 19C9 St -vive- Benefit (Seetie_ 215 Military Service Credit (Section 21024 & 21027) 14.5.4 not @ cn ova-ernent Fe ..aide meetion 21 � . H1 est Single Year Final • Compensation (Section 20042) City of Morro Bay General Unit 20134-20146 Page 14 , n c c 3rd revel o..-..:yer- Benefit (See fie^ 21573), , n c c Ana:....... ce.yiee Crea:. iee,..:,....,.nee is 14.5.7 01959 Survivor Benefit Level 4911p4;1er- Beni -fit (Section 21574) 14.5.8 Pre -Retirement Option 2W Death Benefit (Section 21548) 14.6 For CaIPERS Safety employees (Harbor Patrol Officers, who were hired on or after September 17, 2011, and those hired on or after January 1, 2013, who meet the definition of classic member pursuant to the California Public Employee's Pension Reform Act of 2013 (PEPRA), the CITY will provide a Fetir..ntent benefit .._,...-.,... through Publi . be medified and reads the following CalPERS optional benefits:-. 14.6.1 36 eenseetitive months final % @ 55 plan (Section 21363.1) 14.6.2 Unused Sick Leave Credit e ffee ve-6-24 (Section 20965) 14.6.3 46T e� Swriiivee-14anea..ceetion " "^`Military Service Credit e ff 4- 99 (Section 21024) 14.6.4 1959 c..-..iyer Benefit effeetive c 24 89 iceetie.. 215" Final Compensation 3 Year(20037) 14.6.5 1959 Survivor Benefit Level n effeetive 6 'n °n (Section 2159074) 14.6.E th Level Survivor Benefit (Section 21574) 14.6.7 Pre -Retirement Death Optional-�et 2W-Death4k4w t 14.7 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), • effective January 1, 2013, safety employees hired who meet the definition of new member under PEPRA, will be covered by the following retirement formula and optional CaIPERS benefits: 14.7.1 2.7% @ 57 retirement formula (benefit inn.eases teSection 7522.25(d)) 14.7.2 Final Compensation Average 36 consecutive highest months (20037) with the 36 highest men4hs fifial eempensa&m provision, and shall Pay -a 14.7.3 mMember contribution rate of fifty (50) percent of the expected normal cost rater currently 11.5%) 14.7.1 14.7.21 Unused Sick Leave Credit efleetive 6 24 Q Qption (Section 20965) 14.7.3 0 Level c.._.:yer Benefit (cee fie_ 2, c7n.Military Service Ci 21024) 14.7.4 1959 e.....,iye_ Benefit effeetive c 24 89 (See`en 21580' 41h Level Survivor Benefit (Section 21574) 14.7.5 14.7.6 Pre -Retirement Death Optional -Settlement 2W49estlrBene€rt ARTICLE 15 - HEALTH BENEFITS 15.1 :Health Insurance 15.1.1 Employees of this UNIT shall participate in the CalPERS medical insurance plans • on a cafeteria style basis, with the CITY contributing the CalPERS minimum City of Morro Bay General Unit 20134-20146 Page 15 • I (currently $1139/month) to the active employee's medical insurance, and $1.00/month, or the amount required by CaIPERS, to retiree medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and retiree. • 15.2 15.1.2 UNIT employees receive a cafeteria plan contribution (including the amount required by Ca1PERS in 15.1.1 above) as follows: Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 — up to $967/month or cost of insurance, whichever is less Employee + family - up to $1,080/month or cost of insurance, whichever is less Effective January 1, 2015 (beginning with the first pay period in December), UNIT employees will receive the following cafeteria plan contribution, including the contribution amount required by CalPERS, as follows: Employee only - up to $715/month or cost of insurance, whichever is less Employee + I — up to $1,025/month or cost of insurance, whichever is less Employee + family - up to $1,180/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 agreementMEMORANDUM, except that if a cash -back employees 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 2012 for calendar year 2013, 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. nvwrr-r 404n ViSIO i NS P OiGEDental, Life and Vision Insurances 15.2.1 Life Insurance is provided at $30,000 per employee_($50,000 effective January 1, 2015). The following rates are effective January 1, 20134. Vision Dental Life Totals City s EE s Employee only $ 7.87 $ 43.37 $5.70 $ 56.94 $ 54.01 Employee + 1 $15.68 $106.91 $5.70 $128.29 $116.54 $11.75 Employee + 2+ $20.25 $107.08 $5.70 $133.03 $120.82 $12.21 CITY will pay the remaining premium for dental/life and vision. • City of Morro Bay General Unit 20134-20146 Page 16 15.3 Any coverage made available to future retirees beyond COBRA time requirements shall is paid for by the retiree. 15.4. The provisions of this section shall be binding on the parties through the remainder of this MEMORANDUM, and for the term of the MEMORANDUM, which will be effective July 1, 20134. The parties agree herewith Ito retain the option to re -open discussion , with respect to this Section, for any changes to the tefm e fthe a._..,...» ent endine june z^ 241^2016 health rates. Re -opening would occur in July 2015, or as soon as the 2016 health rates become available. ARTICLE 16 - EDUCATION INCENTIVES 16.1 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 employees, 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. CITY agrees to provide a CITY vehicle, when available, during normal working hours for required transportation, and will permit paid time for employees to take examinations scheduled during normal working hours. No mileage payments are authorized for • personal transportation, and time spent outside normal working hours shall not be compensated, except that tests taken for CITY -required certifications shall be taken in paid status. 16.2 College Degrees 16.2.1 CITY agrees to pay the following education incentives on base salary to regular employees, hired prior to January 1, 1998, who hold degrees above the minimum required in their respective classification. Associate of Arts Degree $ 600 annually Bachelors Degree $1,200 annually 16.2.2 If an employee's job description requires an AA degree, and the employee has a Bachelor's Degree, the employee will receive only the difference between an AA and a BA degree, or $600 annually. 16.2.3 If an employee's job description requires a degree, or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. is City of Morro Bay General Unit 20134-20146 Page 17 . The parties agree that this section shall not be interpreted to reduce the amount of education incentive pay that any employee, hired prior to January 1, 1998 receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee, hired prior to January 1, 1998, promotes to a position requiring a degree not required by the lower position, or if the job description for an employee, hired prior to January 1, 1998, is revised to require a degree not previously required for the position, the employee shall continue to receive the amount of the education incentive pay received in the lower position or previous job description. 16.2.4 Based on the new job descriptions for all classifications, which were adopted in May 1996, employees currently in positions now required to hold an AA or BA degree, according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees hired on or after January 1, 1998 or current employees promoted on or after January 1, 1998 to positions requiring degrees will be subject to Section 16.2.3 above. ARTICLE 17 - WORK UNIFORMS 17.1 CITY will provide work coveralls, including laundry service, for each employee whose • working conditions create undue wear and tear on work clothing. CITY will select and provide uniform work shirt, including laundry service, for all field employees. Work shirts shall include a CITY logo and the employee's name. 17.2 Determination of individual entitlement to CITY -provided work uniforms will be at the discretion of the appropriate department head, and with the approval of the City Manager. UnkUNIT members in classifications currently receiving uniforms shall continue to do so. 17.3 SAFETY Shoes Effective July 1, 2013, employees, required to wear steel -toed safety shoes in the performance of their duties, shall be eligible to receive an annual allowance, for the provision of said shoes, in the amount of $150 per fiscal year. Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. ARTICLE 18 — WAGES AND INCENTIVES 18.1 Effective with the pay period including Jerwary July 1, 2014, UNIT members' salaries shall be increased by iwe one and one-half (2%1'%:% percent. Effective with the pay period includingJanuary 1, 2015, UNIT members' salaries shall be • increased enby one and one-half (1 %:%)percent. City of Morro Bay General Unit 20134-20146 Page 18 18.2 Required Certificate. 40 Employees in the Maintenance Worker classifications in the Collections division shall receive a $75 per month incentive for the California Water Environment Association Collections Certificate required by their classification. Those employee classifications are: Wastewater Collection System Leadworker and Wastewater Collection System Operator I, II and III. 18.3 Additional Certificate. An employee eer4i€ied classified as a Wastewater Treatment Plant Operator with a certificate issued by the California State Water Resources Control Board, or those employees eeHified classified as Water System Operator and Wastewater Collection System Operator, shall receive a $50 per month incentive for one certification above that required by the position held. Those employees eei4ifiedclassified as Water System Operator will additionally receive a $50 per month incentive for one treatment certification above that required by the position held. 18.4 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. 18.5 Any and all special pay incentives will be calculated on base salary. • 18.6 Attached Exhibit A reflects wages for UNIT members of this unit for the duration of this AgreewntMEMORANDUM. ARTICLE 19 - SPECIAL PAY PRACTICES 19.1 STANBffY�Standbv 19.1.1 Standby duty is defined as that circumstance which requires an employee so assigned to: Be ready to respond immediately to a call for service; Be readily available at all hours by telephone or other agreed upon communication equipment; and Refrain from activities which might impair his/her assigned duties upon call. 19.1.2 It is agreed that personnel, who are scheduled; on a routine basis, for standby duty, shall be compensated at the rate of thii4y a••e ae"--9 ($35.00) forty-two (J42Zper day for each day of scheduled standby duty performed. This increase is effective upon the City Council ratification of this MEMORANDUM. • City of Mono Bay General Unit 20134-20146 Page 19 • Effective July Ist, 2013, standby pay rates for the following, agreed -upon days, regardless of the City recognized holiday schedule, shall be compensated at the rate of sixty dollars ($60.00). 1) New Year's Eve 2) New Year's Day 3) Memorial Day Weekend Friday 4) Memorial Day Weekend Saturday 5) Independence Day 6) Labor Day Weekend Friday i Labor Day Weekend Saturday 8) Thanksgiving Day 9) Day after Thanksgiving 10) Christmas Eve 11) Christmas Day 19.2 GALL K=.Call Back 19.2.1 Call back is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's work shift; except that an early call in of up to two (1hours prior to the scheduled start of a work shift shall not be counted as a call back. 19.2.2 CITY will guarantee a minimum of three Qjwork hours credit (four and one half 4( 1/2)'_hours compensation), for each employee called back for work, as defined above. 19.2.3 Whenever an employee is called back to work, the CITY considers the employee "on -duty" for three hours, even if employee returns home. No additional call-back time pay is allowed during this period, if the employee is again called back. However, if more than three hours have passed since the initial call-back, and the employee is called back to work again, the employee may claim an additional three work hours credit (four and one half hours call-back compensation) under the conditions set forth in 19.2.1 above. 19.2.4 Said employee shall receive either pay or compensatory time -off, pursuant to Article 10 - Overtime Compensation, for the minimum or for all time actually worked, whichever is greater. 19.2.5 Employees called back to work, pursuant to this section, shall be eligible for mileage reimbursement when utilizing their personal vehicle. • 19.3 Members of this U*itUNIT who are required by their supervisor to attend meetings outside of the normal work schedule shall be paid a minimum of three hours at time and City of Morro Bay General Unit 20134-20146 Page 20 one-half without regard to hours actually worked during the work week. Meetings during regular work hours shall be included in employees' regular rate of pay and not compensated beyond that. 19.4 Class A Driver's License and Captain's License Effective with the City Council ratification of this MEMORANDUM, UNIT members, possessing. a Class A Driver's License, will receive $50 per month. Effective with the City Council ratification of this MEMORANDUM, UNIT members in the Harbor Department, possessing a Captain's License, will receive $50 per month. 19.5 BilinPual Pay (Spanish) Effective with the City Council ratification of this MEMORANDUM, up to three (3) UNIT members may earn $75 per month for speaking Spanish, and $75 per month for writing in Spanish, for a total possible of $150 per month. A test ins required: Human Resources, or designee, will administer the test. UNIT employees have the option to re -open and discuss this section to add other languages, if the need is demonstrated. ARTICLE 20 - PROBATION • The probationary period for newly hired employees shall be 12 months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The CITY shall have the option of granting a newly hired employee regular status at any time after nine months of service. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 Purpose of the Procedure The primary purpose of this procedure shall be to provide a means whereby an employee, without jeopardizing his/her employment, can express a personal grievance relating to his/her wages, hours of work, and working conditions, and obtain a fair and equitable disposition of his/her grievance. 21.2 Definition of Informal Grievance An informal grievance is defined as an oral (or email) concern by an employee expressed to his/her supervisor with a request to informally discuss the grievance with the supervisor and/or the department head. • City of Morro Bay General Unit 20134-20146 Page 21 • 21.3 Definition of Formal Grievance A formal grievance shall be defined as any formal written complaint of an employee filed with his/her immediate supervisor within thirty days of the action or inaction by the CITY which constitutes the subject of the grievance relating to his/her wages, hours of work, and working conditions. Such grievance shall not include performance evaluations or reprimands. However, employees may provide a written rebuttal to a performance evaluation or written reprimand that will be attached to the original document for placement in the employee's file. 21.4 Informal Discussion with Supervisor An employee shall first pursue all informal grievances with his/her supervisor and at any time that the employee deems that the informal grievance is a formal grievance, the employee may reduce it to a formal written grievance. 21.5 Formal Conference with Supervisor If an employee does not obtain satisfaction of his/her informal grievance by means of an informal discussion with his/her supervisor, or if employee is unable to communicate with his/her supervisor, employee and/or his/her representative may, by written grievance, • request and shall be accorded a formal conference within ten days with the supervisor and/or department head. The decision of the supervisor shall be reported to the employee and/or his/her representative within five business days of the date the conference was held with the supervisor. 21.6 Department Review In the event the employee does not obtain satisfaction at any level of review by means of informal or formal grievance and a formal conference with his/her supervisors, employee and/or his/her representative may submit the grievance in writing to the supervisor or department head. The procedure to be followed by the supervisor who receives a grievance in writing shall be established by each department head for his/her department, and shall include review of the grievance by the immediate supervisor and such successively higher levels of management as may be determined by the department head. A cumulative record of the decision and the reason for the decision at each level of review shall be maintained. The ultimate decision shall be that of the department head. The decision must be reported to the employee in writing within ten business days of the date that the request for departmental review was submitted to the supervisor. 21.7 Mediation • If, within ten working days after receipt of the written decision of the Department Head the employee is still dissatisfied, he/she may request the services of a City of Morro Bay General Unit 20134-20146 Page 22 mediator from the State Mediation and Conciliation Service. CITY is not bound • by the determination and/or recommendations of said mediator. 21.8 Appeal to the City Manager In the event the employee does not obtain satisfaction by means of the mediator, employee and/or his/her representative shall submit the grievance in writing to the City Manager within ten days after notification of the mediator's determination is given to the employee. The City Manager may meet with the employee and/or his/her representative, the mediator and the department head before making a decision; or may waive administrative review and refer the grievance directly to a committee of the City Council appointed to hear grievances. A copy of the City Manager's decision on the matter must be presented to the employee within ten business days of the date the grievance was filed with the City Manager. 21.9 Submission to a Committee of the City Council In the event that the employee does not obtain satisfaction by means of the administrative procedures outlined above, he/she may request a hearing by a committee of the City Council. The hearing shall be held by the committee within fifteen business days of the date of receipt of the request at the convenience of all parties, unless waived by mutual consent of the employee and the department • head. The hearing shall be informal. The employee and/or his/her representative, the department head and/or the City Manager shall appear before the committee to present the facts pertinent to the case. The burden of proof shall rest with the employee. The committee shall limit its review of the grievance to the subject matter contained in the previous steps of the grievance procedure and shall make its decision within thirty days after the termination of the hearing unless of the hearing unless a reasonable time extension is deemed necessary and all parties are notified. 2 1. 10 Time Limits In case the time limits outlined above are not observed by the representative of the CITY, the employee and/or his/her representative shall have the right to carry the grievance directly to the next higher level of review. 21.11 Group Grievance Procedure The recognized employee organizations may present a general grievance (affecting several employees) in writing directly to the City Manager. Upon receipt of such grievance, the City Manager shall establish a time for a hearing, at which time all affected parties may appear before the City Manager to present facts pertinent to • the issue. The decision of the City Manager shall be presented to all parties City of Morro Bay General Unit 20134-20146 Page 23 • concerned within fifteen business days and, within five business days of receipt of the City Manager's decision which is unacceptable, shall be appealable by the group to a committee of the City Council for their findings and recommendations within thirty days thereafter. If either party wishes to appeal, they may file an appeal with the City Council as a whole within five business days of the final decision of the committee of the City Council. ARTICLE 22 - NO STRIKE, NO LOCK -OUT 22.1 During the term of this AgFeementMEMORANDUM the CITY will not lockout any employees nor will UiiitUNIT employees or the UNION cause, authorize, advise or encourage any interruption of work or any other concerted action. The tern "interruption of work" shall mean any work stoppage "sick out", or strike (including economic, sympathy, and unfair labor practice strikes) or any intentional slowdown of work. The term "other concerted action" includes picketing or boycott activities by the UNION. 22.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 22.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or • discipline shall not be reviewable through the Grievance Procedure. ARTICLE 23 - FULL UNDERSTANDING, MODIFICATION, WAIVER 23.1 This AgreefnentMEMORANDUM 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. 23.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. Notwithstanding the foregoing, It is agreed that from time -to -time the CITY may introduce changes in its Personnel Rules and offer the Union an opportunity to meet and confer prior to implementing changes within the scope of bargaining. 23.3 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 UNION. 23.4 The waiver of any breach of any term, or condition of this .kgreementMEMORANDUM • by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. City of Morro Bay General Unit 20134-20146 Page 24 24.4 The City agrees to meet and confer regarding any change in job titles and descriptions of represented employees. ARTICLE 24 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Date: SEIU LOCAL 620 Darryl Scheck, Field Representative John Gunderlock, Team Member Dustin Pitman, Team Member Lori Stilts, Team Member Mike Mobley, T_--�Shop Steward Date: CITY OF MORRO BAY Edward Kreins, Chief Negotiator Susan Slayton, Administrative Svs D r Laurie Goforth, Human Resources City of Morro Bay General Unit 20134-20146 Page 25 A • ® RESOLUTION NO.71-14 RESOLUTION OF THE CITY COUNCIL OF MORRO BAY, CALIFORNIA AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO 2014/2015 BOATING SAFETY & ENFORCEMENT GRANT CONTRACT WITH THE STATE OF CALIFORNIA, DIVISION OF BOATING AND WATERWAYS IN THE AMOUNT OF S50,000 FOR THE PURCHASE OF TWO NEW ENGINE PACKAGES FOR HARBOR PATROL VESSEL 68 THE CITY COUNCIL Cite of Morro Bay, California WHEREAS, the City of Morro Bay applied for a grant from the Division of " Boating and Waterways (DBW) under the Boating Safety and Enforcement (BS&E) grant program; and WHEREAS, the City of Morro Bay was awarded a DBW grant in the amount of $50.000 under the BS&E program for the purchase of two new engine packages for Harbor Patrol vessel 68. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California as follows: 1. The City of Morro Bay is hereby authorized to enter into BS&E contract #C8957115 with DBW for the purchase of two new engine packages for Harbor Patrol vessel 68. 2. Harbor Director Eric Endersby is hereby authorized to execute and 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 28th day of October. 2014 on the following vote: AYES: Irons. C. Johnson_, N. Johnson, Leage, Smukler NOES: None ABSENT: None J e L. Irons. Ma_v ATTEST: 40 JaWe Boucher, City Clerk RESOLUTION NO. 70-14 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING THE APPLICATION FOR THE CALTRANS SUSTAINABLE COMiM 71 NITIES TRANSPORTATION PLANNING GRANT THE CITY COUNCIL City of Morro Bay, California R'HEREAS, the CA Department of Transportation (Caltrans) provides an appropriation of S83 million total ($2.8M Federal Transit Administration Section 5304, and S5.5M State Highway Account) for the Sustainable Transportation Planning Grant Program in FY 15-16 to local governments to support Sustainable Communities transportation planning; and WHEREAS, Caltrans may provide financial assistance to support local sustainable transportation planning and has approved a competitive grant program to provide such financial assistance for such planning; and WHEREAS. Local governments such as the City of Morro Bay are eligible to apply for the Caltrans Sustainable Communities Transportation Planning Grant Program: and ® WHEREAS, the goal of the grant programs are to fund transportation planning projects that identify and address mobility deficiencies in the multimodal transportation system, encourage stakeholder collaboration, involve active public engagement, integrate Smart Mobility 2010 concepts, ultimately result in programmed system improvements, and achieve the Caltrans Mission and overarching objectives; and WHEREAS, the intent for implementation of these grants should ultimately lead to the adoption, initiation, and programming of transportation improvements; and WHEREAS, the City of Morro Bay, desires to pursue a study that would result in key data and findings needed to update the Circulation Element of the General Plan as well as - perform as a standalone document: and WHEREAS, the City of Morro Bay, recognizing the problems and issues associated with climate change identified in the application summary, desires to pursue a project that would result in the collection of data and subsequent findings on the effect of climate change on the transportation system; and WHEREAS. the City of Morro Bay commits to and agrees to fully support a planning effort intended to produce a Sustainable Transportation Study and Adaptation Strategies plan with full public participation and coordination with the Caltrans staff in undertaking the project, if approved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay as follows: ® Direct staff to submit the grant application package to Caltrans to provide financial and planning assistance, in the amount of $249.000 to fund the project more particularly described in the grant application package. • Authorizes the Public Services Director to execute all necessary applications, contracts and agreements and amendments to implement and carry out the grant application package and any project approved through or authorized by the grant application. PASSED AND ADOPTED by the Morro Bay Ciry Council at a regular meeting held on this 28th day of October: 2014 by the following vote: AYES: Irons. C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSENT: None ABSTAIN: None le /, •, I, ATTEST: is "7Vfi6d-1-- JANIft BOUCHER, City Clerk RESOLUTION NO. 69-14 RESOLUTION OF THE CITY COUNCIL ® OF THE CITY OF MORRO BAY, CALIFORNIA ASSIGNING LEASE SITE 68/68W LOCATED AT 591 EMBARCADERO TO i THE VIOLS' FAMILY, LLC F E 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, since 1995, 591 Embarcadero, LLC/Smith and Hannah Held have been the lessees of Lease Site 68/68W and are tenants in good standing: and WHEREAS, the Viole' Family, LLC/Inez Viole' are currently the lessees of Lease Site 67/67W adjacent to the south of Lease Site 68/68W and also are tenants in good standing: and WHEREAS, 591 Embarcadero, LLC is selling their Master Lease and have applied for assignment of the Master Lease for Lease Site 68/68W to The Viole' Family, LLC, and both parties are currently in escrow on said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. Said Assignment and Assumption Agreement approval is contingent upon successful closing of escrow between 591 Embarcadero, LLC/Smith and Hannah Held and the Viole' Family, LLC/Inez Viole': and 2. The Mayor is hereby authorized to execute said Assignment and Assumption Agreement as approved by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of October, 2014 on the following vote: AYES: NOES: ABSENT: ATTEST: Irons. C. Johnson, N. Johnson, Lease, Smukler None None 9�n4lx— JamVBoucher, City Clerk J e L. Irons, Mayor Ell 11 RESOLUTION NO. 68-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY PEACE OFFICERS ASSOCIATION AND RELATED COMPENSATION THE CITY COUNCIL City of Morro Bay, California WHEREAS; representatives of the City of Morro Bay (CITY) and representatives of the Morro Bay Peace Officers Association (POA) met and discussed the terms and conditions of employment, through the Meet and Confer process: and WHEREAS, the meetinss between the POA and the CITY have resulted in a mutual agreement and understanding: and WHEREAS, the employees represented by the POA accept all of the terms and conditions as set forth in the MOU attached and made a part of this Resolution herewith: and WHEREAS, the CITY now desires to provide said salaries; benefits and conditions to the members of the POA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt this Resolution adopting an MOU relating to the compensation and working conditions for the Morro Bay Peace Officers Association for the period July 1. 2014 through June 30, 2016, and authorizes the City Manager to execute all necessary documents to implement said changes. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this 14`" day of October. 2014 by the following vote: AYES: Irons, C. Johnson, N. Johnson, Lease, Smukler NOES: None ABSENT: None ATTEST: JA-MIE BOUCHER: City Clerk JA E L. IR NS. D layor E Table of Contents ARTICLE I - PURPOSE........... ARTICLE 2 - MANAGEMENT ARTICLE3 - RECOGNITION............................................................................................................... .............. 4 ARTICLE 4 - ASSOCIATION BUSINESS................................................................................. . ........................... 4 ARTICLE 5 - AUTHORIZED AGENTS..................................................................................................................... 5 ARTICLE 6 - WITHHOLDING OF ASSOCIATION DUES AND INSURANCE .................................................... 5 ARTICLE7 — TERM...................................................................................................................................... . ........ 7 ARTICLE 8 - RENEGOTIATIONS................................................................................................... ......... 7 ARTICLE 9 - ANTI-DISCRIMINATION.............................................................................................................. 7 ARTICLE10- WORK SCHEDULE...........................................................................................................................7 ARTICLE I I - VACATION/HOLIDAY LEAVE.......................................................................................................9 ARTICLE 12 - SICK LEAVE.....................................................................................................................................I l ARTICLE13 - BEREAVEMENT...............................................................................................................................12 ARTICLE 14 - RETIREMENT..............................................................................................................................12 ARTICLE 15 - HEALTH BENEFITS.........................................................................................................................15 ARTICLE 16 - EDUCATIONAL INCENTIVES.......................................................................................................16 ARTICLE 17 - UNIFORMS........................................................................................................................................18 ARTICLE18 - SALARIES.........................................................................................................................................19 ARTICLE 19 - SPECIAL PAY PRACTICES.................................................................................. .......19 ARTICLE 20 - BULLETIN BOARD. ... .....................................................................................................23 ARTICLE 21 - PROBATIONARY PERIOD............................................................................................ . . ...23 ARTICLE 22 - DRUG AND ALCOHOL TESTING............................................................................... ... ......23 ARTICLE 23 - GRIEVANCE PROCEDURE.............................................................................................................23 ARTICLE 24 - NO STRIKE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK.......................................24 ARTICLE 25 - FULL UNDERSTANDING, MODIFICATION. WAIVER..............................................................25 ARTICLE26 - SEVERABILITY................................................................................................................................25 ® City of Morro Bay PDA Final 2014-1612 20-13 Page i ® MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY PEACE OFFICERS ASSOCIATION AND THE CITY OF MORRO BAY 2014 - 2016 ARTICLE 1 - PURPOSE WHEREAS, the City of Morro Bay is a municipal corporation, existing under the laws of the State of California as a general law city; and WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate, and in structure because it is a public entity, rather than a profit -making business; and WHEREAS, the Morro Bay Peace Officers Association and the City of Morro Bay recognize that the mission and the purpose of the City is to provide high -quality and economical municipal services and facilities to the residents of the City of Morro Bay; THEREFORE, this Memorandum of Understanding is entered into as of July 1, 2014 between the City of Morro Bay, referred to as "CITY," and the Morro Bay Peace Officers Association, referred to as "ASSOCIATION." ® It is the intent and purpose of this Memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto, to provide for an orderly and peaceable method and manner of resolving any differences, which may arise, to negotiate any misunderstanding, which could arise, and to set forth herein the basic and full agreement between the parties, concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - MANAGEMENT 2.1 In order to ensure that the CITY shall continue to carry out its public safety functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public safety service for the citizens of Morro Bay, the CITY continues to reserve and retain, solely and exclusively, all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law and those CITY rights set forth in the CITY's Personnel Rules and Regulations, and including, but not limited to, the following: 2.1.1 To manage the Police Department, and determine policies and procedures and the right to manage the affairs of the Department. ® Cinv of Morro Bad• POA 2014 - 2016 Paee 1 ® 2.1.2 To determine the existence, or nonexistence, of facts which are the basis of the management decision in compliance with State law. 2.1.3 To determine the necessity, organization, implementation, and termination of any service or activity conducted by the CITY or other government jurisdiction, and to expand or diminish police services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees, in accordance with Department or CITY Rules, Regulations, or Ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of police services to be provided to the public. 2.1.6 To require the performance of other public safety services, not specifically stated herein, in the event of an emergency or disaster, as deemed necessary by the CITY. 2.1.7. To lay off employees of the Police Department because of lack of work or ® funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the CITY. 2.1.8. To determine and/or change the police facilities, methods, technology, equipment, operations to be performed, organization_ structure, and allocate or assign work by which the CITY police operations and services are to be conducted. 2.1.9. To determine methods of financing. 2.1.10 To plan, determine, and manage the. Department's budget, which includes, but is not limited to, changes in the number of locations and types of operations, processes and materials to be used in carrying out all Police Department functions, and the right to contract or subcontract any work or operations of the Police Department. 2.1.11 To determine the size and composition of the Police Department work force, assign work to employees of the Police Department, in accordance with requirements determined by the Police Department, and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work ® City of Morro Bay POA 2014 - 2016 Page 2 ® assignments, except as otherwise limited by this Memorandum, or subsequent Memorandums. 2.1.12 To establish and modify goals and objectives, related to productivity and performance programs and standards, including, but not limited to, quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees, in accordance with division and/or CITY Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the Police Department, and to take necessary action to achieve the goals and objectives of the Police Department. 2.1.15 To hire, transfer intra- or inter -Department, promote, reduce in rank, demote, reallocate, terminate, and take other personnel action for non - disciplinary reasons, in accordance with Department and/or CITY Rules, Regulations and Ordinances. 2.1.16 To determine policies, procedures, and standards for recruiting, selecting, ® training, and promoting employees. 2.1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in police facilities and operation. 2.1.19 To restrict the activity of an employee organization on CITY facilities, except as set forth in this Memorandum. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the CITY in emergencies or any other time deemed necessary by the CITY, and not specified above. 2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code. 2.3 Nothing herein is meant to diminish the Peace Officers' Bill of Rights, as set forth in the Government Code. ® Cinv of Morro Bay POA 20 W - 2016 Pa,-e 3 • 2.4 AUTHORITY IF THIRD PARTY NEUTRAL - MANAGEMENT RIGHTS All management rights, powers, authority, and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the CITY. No third party neutral shall have the authority to diminish any of the management rights, which are included in this Memorandum. ARTICLE 3 - RECOGNITION 3.1 Pursuant to Resolution No. 74-69, the Employer -Employee Relations Resolution of the City of Morro Bay and applicable State law, the Morro Bay Peace Officers Association (hereafter "ASSOCIATION") was designated by the City of Morro Bay (hereafter "CITY") City Council as the representative of CITY employees in the Law Enforcement Unit (hereafter "UNIT'). The UNIT is comprised of the following classifications: Sergeant Corporal Senior Officer Police Officer Dispatch Supervisor (position eliminated September 26, 2014) • Public Safety Dispatcher (position eliminated September 26, 2014) The term "employee" or "employees," as used herein, shall refer only to the foregoing classifications. 3.2 Employees working on a regular basis in a classified position, but less than full- time, shall receive vacation and sick leave accruals on a pro -rated basis, commensurate with hours worked. All benefits for new hires. including insurance benefits, will be allocated on a pro -rated basis commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT: All employees, hired after July 1, 1999, shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH member financial institution. ARTICLE 4 -ASSOCIATION BUSINESS 4.1 Employee representatives, designated by the ASSOCIATION, shall be granted time off, without loss of pay, to attend "meet and confer" sessions with the City Manager. and/or his/her designee, on subjects within the scope of representation when such meetings are scheduled during regular working hours. Should such • City of Morro Bay POA 2014 - 2016 Pa_z 4 • meetings extend beyond an employee representative's regular working hours, the employee representative shall be paid for only the regular working hours. It is understood that this time -off provision shall only apply to a maximum of three (3) employees attending any one meeting between the CITY and the ASSOCIATION. Where exceptional circumstances warrant, the City Manager may approve the attendance at such meetings of additional employee representatives. The ASSOCIATION shall, whenever practicable, submit the names of all employee representatives to the City Manager, or designee, at least two working days in advance of such meetings. Provided further: (1) no employee representative shall leave his or her duty or work station or assignment, without specific approval of the department head or other authorized CITY management official, and (2) any such meeting is subject to scheduling by CITY management, in a manner consistent with operating needs and work schedules. 4.2 Nothing provided herein shall limit or restrict CITY management from scheduling such meetings before or after regular CITY or work hours. 4.3 Off -duty employees will not be paid for attending meet and confer sessions, nor will over -time be paid for same. • ARTICLE 5 - AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum: 5.1 The CITY's principal authorized agent shall be the City Manager, or his/her duly authorized representative (address: 595 Harbor Street.. Morro Bay, CA 93442, telephone (805) 772-6200), except where a particular management representative is specifically designated in the Memorandum. 5.2 The ASSOCIATION's principal authorized representative shall be the President of the Association, or his/her duly authorized representative (address P. O. Box 276, Morro Bay, CA 93443). ARTICLE 6 - WITHHOLDING OF ASSOCIATION DUES AND INSURANCE 6.1 It is agreed that the CITY will withhold ASSOCIATION dues and ASSOCIATION group insurance premiums from the monthly pay of each regular CITY employee, who is a member of the ASSOCIATION. ASSOCIATION agrees to provide CITY with individual ASSOCIATION member authorizations signed by the individual ASSOCIATION member, authorizing the CITY to make agreed deductions, specifying the amount of each deduction, and authorizing the CITY to issue a single check, payable to the ASSOCIATION, for the collective amount of the • Ctt. of Morro Ha-N POA 2014-2016 Paee • individual deductions. The CITY does not accept responsibility for computing the amounts of deductions or for meeting payment dates which may not coincide with established pay periods. The CITY will issue a single check to the ASSOCIATION for the total amount of deductions withheld from the individual employees' pay. The ASSOCIATION will be responsible for the accounting and disbursing of all such funds received from the CITY. The ASSOCIATION will be responsible for properly notifying the CITY of any changes in deductions, and will be the sole agent through which the CITY will act in explaining, initiating, executing, or terminating the provisions of this Article. Such notification must be received by the CITY at least two weeks prior to the effective date of the change, and shall contain the following information: employee name, social security number, and job classification. Also, such change notice must include a copy of the notice sent to the employees, officially informing them of the change. 6.2 All ASSOCIATION members, on payroll deduction for payment of ASSOCIATION dues on the day of signing of this Memorandum, must remain on payroll deduction for the life of the Memorandum, or so long as they remain members of the UNIT. ASSOCIATION members, who establish payroll dues deduction during the term of this Memorandum, must remain on payroll deduction for the life of this Memorandum, or so long as they remain members of the UNIT. ASSOCIATION members on dues payroll deduction may terminate such ASSOCIATION dues during the period of December 15 - 31 by notifying both the ASSOCIATION and • the CITY Human Resources Department of their termination of ASSOCIATION dues deduction. Such notification shall be in the form of a letter, containing the following information: employee name, social security number, and job classification. 6.3 The ASSOCIATION shall indemnify, and hold harmless, the CITY, its officers, agents, and employees from any and all claims, demands, damages. costs, expenses, or liability arising out of this Article. 6.4 DEPOSIT OF DEDUCTIONS It is agreed that the CITY will deposit payroll deductions, made payable to credit unions in which the CITY participates, providing the ASSOCIATION makes arrangements for such services that are acceptable to both members and the CITY under the same conditions as prevails for deductions as set forth above. 0 City of Morro Bay POA 2014 - '016 Page 6 • ARTICLE 7 — TERM Except as otherwise provided herein, the term of this Memorandum commences on July 1, 2014, and expires, and is otherwise fully terminated, on June 30, 2016. ARTICLE 8 - RENEGOTIATIONS The parties agree to commence renegotiations for a successor Memorandum for the period beginning July 1, 2016, as soon as administratively possible following January 1, 2016. ARTICLE 9 - ANTI -DISCRIMINATION The CITY and ASSOCIATION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502 ARTICLE 10 - WORK SCHEDULE 10.1 Alternative work schedules, in compliance with the Fair Labor Standards Act, may be implemented upon approval of the Chief of Police. No guarantee of work, per day or per week, or of days of work per week, is implied. is The implementation of an alternate work schedule shall not incur any CITY obligation to allocate additional sworn personnel, vehicles or equipment. All deployment of sworn personnel shall ensure effective and efficient delivery of police protection to the community, sufficient to continue during times of vacation, sick leave. and Department -approved training. 10.2 OVERTIME 10.2.1 Non -Sworn Personnel Overtime is described as all work authorized by management and actually worked by the employee in excess of forty (40) hours worked in a workweek. For the purpose of defining hours worked, vacation leave and holiday leave shall be considered as time worked in a workweek. All overtime as defined above shall be paid at one and one-half (1.5) times the employee's regular rate of pay. NOTE: Section 10.2.1 will be removed after September 26, 2014, or at the time that dispatch personnel are no longer under contract with the CITY, whichever is later. • CaN of Morro Bad PO.A 2014-2016 Page 7 10.2.2 Sworn Personnel Overtime shall be all work, authorized by management and actually worked by the employee, in excess of eighty (80) hours worked in a work period. For the purpose of defining hours worked, vacation leave and holiday leave taken shall count towards time worked, for the purpose of overtime. All overtime, as defined herein, shall be paid at one and one-half (1.5) times the employee's regular rate of pay. NOTE: Hours spent in court under what used to be termed "Court Appearance Pay" shall be considered and paid as part of this article: except for the "minimum pay," which is now covered under Special Pay Practices. 10.2.3 Compensatory Time Off Effective with the ratification of this Memorandum, Compensatory Time Off (hereinafter "CTO") shall be earned at the overtime rate of one and one- half (1.5) times the number of overtime hours, worked as defined in Articles 10.2.1 and 10.2.2. CTO may be accrued up to a maximum of 420140 hours. Overtime earned, in excess of the CTO maximum accrual, shall be compensated in cash. 10.2.4 Compensatory Time Payoff • Once annually, employees my elect a payoff of up to 40 hours of accrued compensatory time. Payment will be made on the second paycheck received in March upon 30 days advance notice. 10.3 EMERGENCIES 10.3.1 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. 10.3.2 Such emergency assignments shall not extend beyond the period of said emergency. 10.3.3 Short staffing, caused solely by absences due to employees taking approved paid leave. shall not be considered an emergency. 10.4 SHIFT ROTATION Shift rotation shall coincide with the first day of a pay period. 0 City of Morro Ba} POA 2014 - 2016 Pa_e 8 • ARTICLE 11 - VACATION/HOLIDAY LEAVE NOTE.' ALL LEAVE TIME (VACATION, SICK LEAVE, HOLIDAY, ETC.). WILL BE TAKEN OFF ON AN HOUR FOR HOUR BASIS EQUALING EMPLOYEE ACTUAL TIME OFF. REGARDLESS OF ACCUMULATION RATES. 11.1 VACATION 11.1.1 The following is a list of vacation annual accrual schedule by years of employment: SERVICE VACATION YEARS ACCRUAL 1-2 80 hrs 3-4 88 hrs 5 96 hrs 6-7 104 hrs 8-9 112 hrs 10-11 120 hrs 12-13 128 hrs 14-15 136 hrs 16-17 144 hrs 18-19 152 hrs 20 or more 160 hrs • 11.1.2 Employees' vacation accrual will be credited to employee on a pro -rated basis over 26 pay periods per year. 11.1.3 In determining priority of individual members for assignment of vacation periods, "seniority within rank" shall be the primary criteria. During the month of January of each year, each employee shall submit his/her preferences for vacation time off during that calendar year. It is agreed that every effort will be made to permit UNIT members to take vacation at a time and for periods as close to members' preference as possible, consistent with the necessity for maintaining adequate manning to assure performance of police department functions. It is further agreed that every effort will be made to schedule individual vacation periods so as to maximize consecutive vacation days off, consistent with annual vacation entitlement. 11.1.4 The maximum amount of vacation accrual is 2-2-6246 hours. When an employee reaches the maximum accrual limit of 226246 hours, the employee shall cease to accrue vacation leave until the usage of vacation causes the balance to be less than 226246 hours. Employees, who have a requested vacation denied or canceled within 60 days prior to reaching the 226246 hour accrual maximum, shall, upon 0 City of Morro Bap POA 2014 - 2016 Paue 9 • request, be given an additional 60 days following reaching the maximum to utilize vacation, prior to ceasing to accrue. 11.1.5 A UNIT employee may exercise an option to convert into cash a maximum of forty (40) hours of accrued vacation leave each fiscal year. upon 30 days' notice to payroll. Such conversion shall be computed at the employee's current base hourly rate, on an hour -per -hour basis. 11.2 HOLIDAYS 11.2.1 For the purpose of this Memorandum, the following days are the holidays for the employees in this UNIT: New Year's Day Martin Luther King, Jr. Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day Day after Christmas Floating Holiday January 1 3`a Monday in January February 12 3`° Monday in February Last Monday in May July 4`" 1" Monday in September November 11`" 4" Thursday in November Friday after Thanksgiving December 25" December 26`" Varies 112.2 Employees, who work a holiday listed above, shall be paid one and one- half (1.5) times their base hourly pay rate. An employee is eligible for the one and one-half time pay only for the hours actually worked, during the date set forth in section 11.2.1. Each employee will be credited eight (8) hours Holiday Leave for each holiday listed in 11.2.1 above, or recognized under 11.2.3 below, in addition to pay for time worked on that holiday. Holiday Leave hours shall be pro -rated annually, and credited to employees at the rate of four hours per pay period. 11.2.3 Holidays Proclaimed by Government Officials: It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each regular member of the UNIT shall be granted compensation in the same number of hours as equivalent to the time -off granted other employees of the CITY. Such time -off shall be selected by the Police Chief. 0 City of Morro Bay POA 2014 - 2016 Page 10 • 11.2.4 Accumulated Holiday Leave may be scheduled and taken upon approval of the Police Chief. or his/her designee. 11.2.5 Employees may accumulate up to a maximum of 116 hours Holiday Leave per year. All Holiday Leave, not taken by the pay period containing December 1, shall be paid off at the employee's current rate of pay. By request only, employees may be paid for a designated amount of accumulated Holiday Leave with the pay period including June 1, upon 30 days advance notice to Payroll. When an employee terminates employment with the CITY, employee shall receive pay for employee's current holiday balance at employee's current base hourly rate. NOTE: Subject to maximum accrual limits, employee specified amounts of Holiday Leave may be transferred to Compensatory Time Off upon request in December only. Payroll must be notified by November 1s1. 11.3 MILITARY LEAVE 11.3.1 Military Leave will be provided pursuant to City Resolution 65-01 and Military and Veterans Code 395.03 11.4 ASSOCIATION LEAVE 11.4.1 UNIT members will be allowed to contribute accumulated compensatory, holiday, or vacation time off to a special compensatory time account for the use of ASSOCIATION executive officers. ASSOCIATION officers. or their designee(s), may, subject to all normal approvals and restrictions for time off requirements, receive up to a total of forty (40) hours per fiscal year off for attendance at meetings, seminars, etc., on behalf of the ASSOCIATION. At no time may the ASSOCIATION compensatory time account contain more than one hundred (100) accrued hours. ARTICLE 12 - SICK LEAVE 12.1 Sick leave shall be earned at the rate of eight hours each calendar month of service. There is no limit on the amount of sick leave that may be accumulated by members of this UNIT. 12.2 Based on individual utilization of paid sick leave in the preceding calendar year. rolling backwards 365 days from the date of requested conversion, employee may convert unused accumulated sick leave into paid vacation leave once per fiscal year, pursuant to the formula below: 8 Hour 10 Hour 12 Hour Maximum Conversion • City of Morro Bay POA 2014 - 2016 Page 1 I • Schedule 0 .25 to 8 8.25 to 16 16.25 to 25 over 25 • Schedule Schedule To Vacation Leave 0 0 48 hours .25 to 10 .25 to 12 36 hours 10.25 to 20 1225 to 24 24 hours 20.25 to 30 24.25 to 36 12 hours over 30 over 36 0 hours At least 160 accrued hours must remain in employee's sick leave bank for any employee to be eligible for conversion, or for any conversion to be authorized. In addition, the right to convert, along with any conversion hours, does not carry over or rollover from fiscal year to fiscal year: failure to request conversion, in any fiscal year, eliminates the right to do so for that fiscal year, and does not permit employees to aggregate conversion hours in any other fiscal year 12.3 At termination, unused accumulated sick leave is not compensable: however, upon retirement, may be converted to additional time, as provided by the PERS sick leave option. ARTICLE 13 - BEREAVEMENT Employees are permitted to utilize three (3) days of paid bereavement leave, per occurrence, in the case of the death of members of the employees immediate family (as defined in the Personnel Rules). The three days shall be regardless of shift length, subject to a maximum of 12 hours per day. Any necessary extra time shall be taken from the employee's accrued sick leave. In cases where sick leave is exhausted, vacation time shall be charged. Paid leave beyond the initial three days is subject to department approval. ARTICLE 14 - RETIREMENT 14.1 It is the employee's obligation to contribute the employee's contribution to CalPERS. The employee shall pay his/her own contribution by payroll deduction, consistent with the provisions of 414 (h) 2 of the Internal Revenue Code. 14.1.1 For Sworn members, the current contribution rates are 9% CalPERS Safety for classic members (Tier 1 & Tier 2), 11.5% for new members (Tier 3). 14.1.2 8% current CAPERS Non -Safety employees and 7% second tier PERS Non -Safety employees. NOTE: Section 14.1.2 will be removed after September 26. 2014, or at the time that dispatch personnel are no longer under contract with the CITY, whichever is later. 14.2 The ASSOCIATION 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 CalPERS or the state legislature. 0 City of Morro Bay POA 2014 - 2016 Page 12 . 14.3 Parties agree that CITY payment of CalPERS contributions are made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. 14.4 Should current tax treatment change, the ASSOCIATION 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 Memorandum, to pay part of the employee's CalPERS contribution. Should current tax treatment change, the ASSOCIATION shall have the opportunity to meet and confer, regarding any such changes. 14.5 For Sworn employees, hired prior to September 17, 2011, the CITY agrees to continue to provide CalPERS Safety employees in this UNIT with a retirement benefit program through the California Public Employees Retirement System (CaIPERS) as follows: 14.5.1 3% @ 50 formula (21362.2) 14.5.2 Unused Sick Leave Credit (Section 20965) 14.5.3 Military Service Credit (Sections 21023.5, 21024 & 21027) 14.5.4 Final Compensation 1 Year (Section 20042) 14.5.5 1959 Survivor Benefit, Level 4 (Section 21574) 14.5.6 Pre -Retirement Death Benefits (Section 21548 Option 2W & 21551) 14.5.7 Retired Death Benefit $500 (Section 21620) 14.5.8 Prior service (Section 20055) 14.5.9 Public Service Credit for Periods of Layoff (Section 21022) • 14.6 For Sworn employees, hired on or after September 17, 2011, and those hired on or after January 1, 2013, who meet the definition of classic member, pursuant to the California Public Employees Pension Reform Act of 2013 (PEPRA), the CITY will provide the following CalPERS formula and optional benefits: 14.6.1 3% @ 55 formula (21363.1) 14.6.2 Unused Sick Leave Credit (Section 20965) 14.6.3 Military Service Credit (Sections 21023.5, 21024 & 21027) 14.6.4 Final Compensation 3 Year (Section 20037) 14.6.5 1959 Survivor Benefit Level 4 (Section 21574) 14.6.6 Pre -Retirement Death Benefits (Section 21548 Option 2W and 21551) 14.6.7 Retired Death Benefit $500 (Section 21620) 14.6.8 Prior Service (Section 20055) 14.6.9 Public Service Credit for Periods of Layoff (Section 21022) 14.7 For Non -Sworn employees hired prior to September 17, 2011 (or such later date as the PERS contract is amended pursuant to Section 14.8 below) the CITY agrees to continue providing PERS Miscellaneous employees in this UNIT with the following PERS benefits: 14.7.1 Highest single year compensation 14.7.2 2.7% at 55 Retirement Formula 14.7.3 Sick Leave Credit Option (Section 20965) 14.7.4 Military Service Credit effective 4-13-00 (Section 21024) 14.7.5 Pre -Retirement Optional Settlement 2 Death Benefit 0 City of Morro Bay POA 2014 - 2016 Page 13 • 14.7.6 1959 Survivor Benefit, Level 4 (21574) NOTE: Section 14.7 will be removed after September 26, 2014, or at the time that dispatch personnel are no longer under contract with the CITY, whichever is later. 14.8 For Non -Sworn employees hired on or after September 17. 2011 but before January 1, 2013 (or such later date as the PERS contract is amended pursuant to this Section) the retirement benefits set forth in 14.7 above will be modified and reads as follows: 14.8.1 36 consecutive months final compensation 14.8.2 2% at 60 Retirement formula 14.8.3 Sick Leave Credit Option (Section 20965) 14.8.4 Military Service Credit effective 4-13-00 (Section 21024) 14.8.5 Pre -Retirement Optional Settlement 2 Death Benefit 14.8.6 1959 Survivor Benefit, Level 4 (21574) compensation. NOTE: Section 14.8 will be removed after September 26, 2014, or at the time that dispatch personnel are no longer under contract with the CITY, whichever is later. 14.9 Pursuant to the California Public Employees' Pension Reform Act of 2013 is (PEPRA), effective January 1, 2013, Sworn employees hired, who meet the definition of new member under PEPRA and are not eligible for reciprocity, will be provided the following retirement formula and optional benefits: 14.9.1 2.7% @ 57 formula (Section 7522.25(d)) 14.9.2 Unused Sick Leave Credit (Section 20965) 14.9.3 Military Service Credit (Sections 21023.5, 21024 & 21027) 14.9.4 Final compensation 3 Year (Section 20037) 14.9.5 1959 Survivor Benefit Level 4 (Section 21574) 14.6.6 Pre -Retirement Death Benefits (Section 21548 Option 2W and 21551) 14.6.7 Retired Death Benefit $500 (Section 21620) 14.6.8 Prior Service (Section 20055) 14.6.9 Public Service Credit for Periods of Layoff (Section 21022) 14.10 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013, Non -Sworn employees hired who meet the definition of new member under PEPRA, will be covered by the 2% @ 62 retirement formula with the 36 highest months final compensation provision, and shall pay a member contribution rate of fifty (50) percent of the expected normal cost rate. 0 Cit) of Morro BaN POA 2014 -2016 Pate 14 14.10.1 Sick Leave Option (Section 20965) 14.10.3 Military Service Credit (21024) 14.10.4 1959 Survivor Benefit 4th Level (21574) NOTE: Section 14.8 will be removed after September 26, 2014, or at the time that dispatch personnel are no longer under contract with the CITY, whichever is later. ARTICLE 15 - HEALTH BENEFITS 15.1 HEALTH INSURANCE 15.1.21 UNIT employees receive a cafeteria plan contribution, including the amount required by CaIPERS, as follows: • Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 — up to $967/month or cost of insurance, whichever is less Employee + family - up to $1080/month or cost of insurance, whichever is less 15.1.2 Effective January 1, 2015 (beginning December 1, 2014), UNIT employees will receive a cafeteria plan contribution, which includes the amount required by CalPERS, as follows: Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 — up to $1 025/month or cost of insurance, whichever is less Employee + family - up to $1,180/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 Memorandum, except that if a cash -back employee changes the structure of his/her 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 2012 for calendar year 2013, and in subsequent years, if said employees are required, because of • City of Morro Bay POA 2014 - 2016 Page 1 • 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. 15.2 DENTAL AND VISION INSURANCE: 15.2.1 During the term of this Memorandum, 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 $30.000 per employee (S50.000 beginning January 1, 2015). The following rates are effective January 1, 2014. Vision Dental Life Totals City pays EE pays Employee only $ 7.87 $ 43.37 $5.70 $ 56.94 $ 54.01 $ 2.93 Employee + 1 $15.68 $106.91 $5.70 $128.29 $116.54 $11.75 Employee + 2+ $20.25 $107.08 $5.70 $133.03 $120.82 $12.21 CITY will pay the remaining premium for dental, life and vision. 15.3 Any coverage made available to future retirees. beyond COBRA time requirements, shall be paid for by the retiree. • 15.4 The provisions of this section shall be binding on the parties through the remainder of this Memorandum, and for the term of the Memorandum that will be effective July 1, 2014. The parties agree herewith to retain the option to re -open collective bargaining, with respect to this Section, to discuss any changes to the 2016 health rates. ARTICLE 16 - EDUCATIONAL INCENTIVES 16.1 P.O.S.T. CERTIFICATES 16.1.1 For UNIT members hired prior to January 1, 1998 and possessing the Intermediate P.O.S.T. Certificate, CITY agrees to pay three percent (3%) over the base salary range and step schedule established for the position classification held by the UNIT member and as specified herein under Article 18, Salaries. 16.1.2 For UNIT members hired prior to January 1. 1998 and possessing the Advanced P.O.S.T. Certificate, CITY agrees to pay six percent (6%) over the base salary range and step schedule established for the position classification held by the ASSOCIATION member and as specified herein under Article 18, Salaries. 16.1.3 For Sworn UNIT members hired on or after January 1, 1998, CITY agrees to pay S120 per month for P.O.S.T. certificates as follows. 0 Cin of Morro BaN POA 2014 - 2016 Page 16 • • Intermediate Advanced Sergeant $420 140 $429 140 Corporal $429 140 $420 140 Officer $4-20 140 $42S 140 16.1.4 For non -sworn UNIT members possessing the POST Records Supervisor Certificate, CITY agrees to pay $25 per month. 16.1.5 The CITY agrees to pay for Dispatcher P.O.S.T. certificates as follows: Intermediate $120/month Advanced $120/month NOTE: Section 16.1.4 & 16.1.5 will be removed after September 26. 2014, or at the time that dispatch personnel are no longer under contract with the CITY, whichever is later. 16.2 COLLEGE DEGREES 16.2.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above the minimum required in their respective classification. Associate of Arts Degree $ 600 annually Bachelors Degree $1200 annually 16.2.2 If an employee's job description requires an AA degree and the employee has a Bachelor's Degree, the employee will receive only the difference between an AA and a BA degree, or $600 annually. 16.2.3If an employee's job description requires a degree or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. This section shall not be interpreted to reduce the amount of education incentive pay that any employee hired prior to January 1, 1998 receives, notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee hired prior to January 1, 1998 promotes to a position requiring a degree not required by the lower position, or if the job description for an employee hired prior to January 1998 is revised to require a degree not previously required for the position, the employee shall, for the term of the MOU, continue to receive the amount of the education incentive pay received in the lower position or previous job description. 16.2.4 Based on the new job descriptions for all classifications which were adopted in May 1996, as well as salary survey implementation over the last • City of Morro Bay POA 2014 - 2016 Page 17 • three years, employees currently in positions now required to hold an AA or BA degree according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees. hired on or after January 1, 1998, or current employees promoted on or after January 1, 1998 to positions requiring degrees, will be subject to section 16.2.3 above. • 16.2.5 Employees, hired on or after January 1, 1998, shall not be eligible for this incentive. ARTICLE 17 - UNIFORMS 17.1 Uniforms for employees shall be as set forth in Morro Bay Police Department Policy Manual Section 1046, Uniform and Equipment Regulations and Specifications. 17.2 Newly -hired employees shall receive a full uniform issue and will receive full uniform replacement as needed until the following July 1. Effective July 1 after hire, such employees shall commence receiving an annual uniform allowance. 17.3 The following uniform articles are covered by the uniform allowance and must meet the department uniform standards: a. Uniform pants b. Uniform shirts - long and short sleeves C. Dress belt d. Ties e. Duty jacket f. Uniform patches 17.4 All maintenance, tailoring and other alterations will be at the employee's expense. 17.5 All optional equipment will be the responsibility of the employee. 17.6 All safety equipment originally issued and replaced by the department remains the Department's property. 17.7 The annual uniform allowance will be as follows: Sworn officers: $4-,059 1.150 NOTE: Section 17.7 reference to non -sword dispatch uniform allowance will be removed after September 26, 2014, or at the time that dispatch personnel are no longer under contract with the CITY, whichever is later. • City of Morro Bay POA 2014 - 2016 Paee 18 17.8 The CITY agrees to repair or replace any personal article damaged while on duty, including uniform items as listed above, providing that such article is a reasonable and necessary part of the employee's attire. ARTICLE 18 - SALARIES 18.1 This Memorandum is effective upon adoption by the City Council, and any salary increases will be made with the subsequent pay period after that adoption. 18.2 Effective with the pay periods including July 1 of each year. salaries shall be increased by the following percentages: Retroactive to the pay period including July 1, 2014: 1 '/2% Pay period including July 1, 2015: 1 ''/z% 18.3 Any retroactive payments will be made only to those members who remain employed by the CITY at the time this Memorandum is formally adopted by the City Council. ARTICLE 19 - SPECIAL PAY PRACTICES 19.1 STANDBY 19.1.1 Standby duty is defined as that circumstance which requires an employee • so assigned to: 1. Be ready to respond immediately to a call for service: 2. Be readily available at all hours by telephone or other agreed -upon communication equipment; and 3. Refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby as defined above, are ,.waiting to be engaged." 19.1.2 Regardless of any hours actually worked, employees on standby shall be compensated for two (2) hours computed at their straight hourly base rate per twenty-four (24) hours of authorized standby time (e.g.. 2 hours standby + actual time worked). The twenty-four (24) hours' time period is defined as 0700 hours to 0659 hours the following day. Subject to the maximum accrual provisions of Section 10.2.3, employees may elect to receive two (2) straight time compensatory time off hours in lieu of paid standby compensation. 19.1.3 Court standby — Employees on court standby will receive two (2) hours computed at their straight hourly base rate to be available for court callback 0 City of Morro Bay POA 'U 14 -_016 Page 19 • on off duty days. Subject to the maximum accrual provisions of Section 10.2.3 employees may elect to receive two (2) straight time compensatory time off hours in lieu of court standby compensation. 19.2 CALL BACK 19.2.1 Call back is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's work shift or work week, except that, an early call in of up to two (2) hours prior to the scheduled start of a work shift shall not constitute a call back: or, employee is required for off -duty court appearance. 19.2.2 Required off -duty court appearance. Employees called back shall receive either a two (2) hour minimum computed at straight hourly base rate or pay for all time actually worked, whichever is greater. An employee shall not receive overlapping minimums. 19.2.3 An employee shall not receive standby pay for the same hours he/she received callback pay. 19.3 DISPATCHER TRAINING PAY 19.3.1 An employee who is in the classification of Dispatcher and is assigned to • train a new Dispatcher, shall receive an additional one -dollar ($1.00) per hour when he/she actually performs the duties of a Dispatch/Trainer. 19.3.2 The parties agree, the Chief has the right to assign the Dispatcher Training function to any qualified Dispatcher. NOTE: Section 19.3 will be removed after September 26, 2014. or at the time that dispatch personnel are no longer under contract with the CITY, whichever is later. 19.4 OUT OF CLASS ASSIGNMENT 19.4.1The term "out -of -class assignment" shall be defined as the full-time performance of the significant duties of a vacant, funded position in one classification by an individual in a classification with a lower compensation range. 19.4.2 If an employee is required to work in an out -of -class assignment for more than fifteen (15) workdays, within a calendar month his/her department head shall, with prior approval of the Administrative Services Director, make an acting appointment. Such acting appointment shall be effective on the sixteenth (16th) workday within a calendar month of the out -of -class assignment. 0 CAN of Morro Ba% POA 2014 - 2016 Page 20 • 19.4.3 An employee on an acting appointment shall receive a one (1) step increase within the employee's current classification salary as provided by CITY's Personnel Rules and Regulations. In the absence of available steps within his/her current range, the employee shall be granted a five percent (5%) increase above his/her current base salary. 19.5 BILINGUAL PAY Qualified employees who possess the necessary ability and who are assigned to perform services as an interpreter in Spanish, shall be eligible for additional stipend depending upon the employee's level of bilingual expertise. Qualifications shall be determined by the CITY. 19.5.1 For those employees who conduct conversational assistance in Spanish on a regular basis. seventy-five dollars ($75) per month stipend is available. 19.5.2 For those employees who interpret and explain legal documents, conduct conversational assistance, and write documents for those persons who speak only Spanish, One Hundred Fifty dollars ($150) per month stipend shall be available. 1 19.6 FIELD TRAINING OFFICER (FTO) ASSIGNMENT PAY Individuals, in the classification of Police Officer formally assigned a trainee by the Chief of Police, or his/her designee. shall be compensated at the rate of twelve ($12)-dollars 5% of base hourly rate per schedule' sir' Compensation will be . paid only when acting as FTO. 19.7 SENIOR OFFICER ASSIGNMENT PAY Up to four (4) individuals may be assigned as Senior Police Officers. This assignment is not a permanent promotion to a higher classification. Continuation in the assignment is based on an annual performance evaluation of "Meets Satisfactory Performance Standards." as well as at the discretion of the Chief of Police. Senior Police Officers will be compensated at the rate of 5% above base pay for the term of the assignment. While receiving Senior Officer Assignment pay, employees are not eligible for FTO pay. Incumbents in the Corporal classification will maintain status in the Corporal class. and maintain the terms and conditions of the classification as they existed at the time of their promotion; however, if the incumbents in the Corporal classification leave the positions (due to promotion, retirement, etc.), the Corporal classification revert to assignments of Senior Officers as provided above. No individual may be concurrently assigned as both a Senior Officer and Detective. 0 Ciar of Mono Bay POA 2014 - 2016 Page I • 19.8 DETECTIVE ASSIGNMENT PAY Up to two individuals may be assigned as Detectives. The Detective assignment is not a permanent promotion to a higher classification. Continuation in the assignment is based on an annual performance evaluation of "Meets Satisfactory Performance Standards" as well as at the discretion of the Chief of Police. Detectives will be compensated at the rate of 5% above base pay for the term of the assignment. Incumbent Corporals may apply for, and be appointed to the Detective assignment. If appointed, Corporals will maintain status in the Corporal class and maintain the terms and conditions of the classification as they existed at the time of their promotion. When the Detective assignment ends, the Corporal may be placed into a Senior Officer assignment or a regular officer position, still in the Corporal classification with the terms and conditions of the Corporal classification being maintained. No individual may be concurrently assigned as both a Corporal and Detective. 19.8.1 School Resource Officer (SRO) Assignment Pav The SRO assignment is not a permanent promotion to a higher classification. Continuation in the assignment is based on an annual performance evaluation of • "Meets Satisfactory Performance Standards,' as well as at the discretion of the Chief of Police. SRO will be compensated at the rate of 5% above base pay for the term of the assignment and will be responsible for juvenile investigations, as assigned. 19.9 NIGHT SHIFT DIFFERENTIAL Sworn employees in this UNIT will receive 2.5% of base hourly pay for each hour worked between the hours of 7:00 p.m. and 7:00 a.m. 19.10 CANINE CARE PAY An emplovee who is assigned a Citv canine, as part of a druq detection search program or a service dog program and who boards the canine at his/her home, shall be paid $13.50 per hour (hereinafter, the "canine care pay rate") for all time the employee spends outside of regular work hours on the care of the assigned canine. Compensable canine care activities include feeding, grooming, exercising cleaning up obtaining veterinarian services or caring for any injuries, and shall not include other time spent with the canine (e.g., commute time, as a family pet etc) Employees subject to this provision shall not receive on -call pay or call back pay for any time spent in the care of the assigned canine The residence of the employee assigned a City canine shall not constitute the employee's work place. Travel (commute) time. from the employee's home to the 0 City of Morro Bay POA 2014 - 2016 Page 22 • assigned work site, or from the assigned work site to the employee's home, with the canine. shall not be considered time worked or care of the canine. It is estimated and agreed that the officers spend one-half hour per day outside of regular work hours on compensable canine care activities. Off duty time spent on compensable canine care tasks shall be considered actual hours worked. These hours will be paid at the rate of 1.5 times the canine care pay rate (S20.25). ARTICLE 20 - BULLETIN BOARD 20.1 CITY agrees to furnish space for ASSOCIATION -purchased bulletin boards of reasonable size for the posting of ASSOCIATION material. Location of such bulletin boards shall be at the Police Station in an area commonly used for briefings or meetings. 20.2 ASSOCIATION agrees it shall not use bulletin boards to ridicule, defame, or harass any CITY employees, officer or agent. ARTICLE 21 - PROBATIONARY PERIOD The parties agree that any appointments to fill vacant positions shall be subject to the following probationary periods: Sworn personnel 18 months • ARTICLE 22 - DRUG AND ALCOHOL TESTING ASSOCIATION agrees to the terms of the Substance Abuse and Testing Policy adopted by the Morro Bay City Council pursuant to Resolution No. 14-99. ARTICLE 23 - GRIEVANCE PROCEDURE 23.1 The ASSOCIATION agrees that whenever investigation or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. It is further agreed that the time spent on an investigation and processing of grievances will not interfere with the normal operation of the department. CITY agrees to provide every reasonable amount of time for the investigation and the processing of a grievance, but by so agreeing does not imply that the processing or investigation of a grievance shall take priority over normal functions of the department. CITY further agrees that any payment of overtime arising because of UNIT personnel's involvement in grievance investigation or processing shall not be authorized. Time spent on the investigation and processing of grievances will be recorded on a form provided by CITY. Stewards will be permitted reasonable time -off with pay for the investigation and processing of grievances provided, however, stewards shall first obtain permission from the department head and/or his/her designee and inform him/her of the nature of his/her business. CITY shall 0 City of Morro Bay POA 2014 - 2016 Page ® grant such permission promptly unless such absence would cause an undue interruption of work or would require the CITY to pay overtime in order to maintain the normal operation of the department. Upon entering the work location, the steward shall inform the department head and supervisor of the nature of his/her business. Permission to leave a job will be granted to the employee involved unless such absence would cause an interruption of work. If the employee cannot be made available, the steward will seek an alternate time for employee availability with the department head or supervisor. It is agreed that in some instances the investigation and processing of a grievance may be accomplished on the employee's time. This Memorandum is in recognition of the mutual sharing of costs involved in the handling of employee - initiated actions. 23.2 PURPOSE The primary purpose of this procedure shall be to provide a means whereby an employee, without jeopardizing his employment, can express a personal grievance relating to his wages, hours of work, and working conditions, and obtain a fair and equitable disposition of his grievance. 23.3 ASSOCIATION REPRESENTATIVE The CITY agrees that the ASSOCIATION may designate a representative to represent employees in the processing of grievances. The ASSOCIATION shall furnish the City Manager with a written list identifying by name and work location ® all regular and alternate representatives and the list shall be kept current by the ASSOCIATION at all times. The representatives are to begin investigating grievances only after the employee has tried to resolve the problem with his/her immediate supervisor and the two parties have failed to reach resolution of the problem. 23.4 PROCEDURE Procedures shall be in accordance with Resolution No. 46-74 and any amendments thereto. ARTICLE 24 - NO STRIKE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK 24.1 ASSOCIATION agrees not to cause, authorize, advise, encourage or participate in 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 slow -down of work. The term "other concerted action" includes picketing or boycott activities by the ASSOCIATION. 24.2 Participation by any employee in any activity resulting in interruption of work or other concerted action or use of paid or unpaid leave for these purposes shall subject employee to disciplinary action, up to and including, discharge. When the City Manager has reason to believe that such leave is being used as a method of interruption work, the burden of proof of illness is upon the employee. Doctor's 0 City of Morro Bay POA 2014 - 2016 Page 24 2 statements can be required in accordance with Resolution No. 34-83, Personnel Rules & Regulations, Section 13.B.4. ARTICLE 25 - FULL UNDERSTANDING, MODIFICATION, WAIVER 25.1 This Memorandum 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. 25.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 25.3 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 ASSOCIATION. 25.4 The waiver of any breach of any term, party shall not constitute a precedent in provisions. ARTICLE 26 - SEVERABILITY or condition of this Memorandum by either the future enforcement of all its terms and If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Date: Date: MORRO BAY PEACE OFFICERS ASSOC Dale Cullum, Acting PresidenWice President Jody Cox, Employee Representative CITY OF MORRO BAY Edward Kreins, Interim City Manager Laurie Goforth, Human Resources Analyst Nicole Canby, Employee Representative Susan Slayton, Admin. Services Dir ® City of Morro Bay POA 2014 - 2016 Page 25 ® RESOLUTION NO.67-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE AGREEMENT WITH THE MORRO BAY MANAGEMENT EMPLOYEES AND RELATED COMPENSATION 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. the meetings between the Management Group and the CITY have resulted in a mutual agreement and understanding: and WHEREAS. the employees represented by the Management 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 Management Group of the CITY. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt a two-year Agreement relating to the compensation and working conditions for the Management Group for the period July 1, 2014 through June 10, 2016, and authorizes the City Manager to execute all necessary documents to implement said -changes. PASSED AND ADOPTED by the City Council of the City of Morro Bay_ at a meeting thereof held this 14`h day of October. 2014 by the following vote: AYES: Irons. C. Johnson_. N. Johnson, Leage, Smukler NOES: None ABSENT: None JAVE'L. IRONS, Mayor ATTEST: - 4kt�' �_ JAMW BOUCHER, City Clerk • AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE MANAGEMENT EMPLOYEES JULY 19 2013-2014 — JUNE 309 MU2016 1. RECOGNITION 1.1 The Management Group is comprised of the following classifications: Commander, City Engineer, Senior Civil Engineer, Capital Projects Manager, Planning Manager, Building Official, Wastewater Division Manager, Information Systems Technician, Accountant, Management Analyst, Senior Planner, , Recreation and Parks Maintenance Superintendent, Harbor Operations Manager—,41afber Business Manager. 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 Agreement commences on July 1, 24132014, and expires, and is otherwise fully terminated, at midnight on June 30, 241420L6. 3. ANTI -DISCRIMINATION 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. 0 . 4.2 WORKSHIFF: 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 am. 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 of FLSA, 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 staffmg 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 Agreement, employees shall earn 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 0 It is recognized that long-standing accumulations of vacation time exist for some employees. • 0 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 300 hours. Employees exceeding the 300 hour maximum as of the pay period containing November 1 of each year will be paid off for vacation time exceeding the 300 hour maximum. The CITY shall make said payment with the pay period containing the December I 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. 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 Agreement, the following days are the holidays for employees in this group: Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Martin Luther King, Jr. Day Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday Floating Holiday July 4 1 st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May Varies 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. 6.3 One holiday equals eight hours. For those employees working the 9/80 alternative work schedule, one holiday eanmav equal 9 hours. Accrued holiday time may be taken in less than eight hour increments. • 6.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be 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 seventy-two (72) 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 48 hours of administrative leave may be rolled over into the following fiscal year, not to exceed 120 hours. Upon termination, employee will be paid the pro -rats amount commensurate with that portion of the fiscal year worked. • 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 of the 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 Agreement, sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar month of service. Sick leave used shall be actual employee time off. For example, if an employee works four (4) ten (10) hour days per week and is off sick for one of the ten (10) hour days, ten (10) hours shall be deducted from employee's sick leave balance. There shall be no maximum to the amount of sick leave that an employee may 0 accumulate. r� U is 0 8.2 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 per calendar year, pursuant to the formula below: Sick Leave Utilization/F.Y. 0 hours .25 to 8 hours 8.25 to 16 hours 16.25 to 25 hours Over 25 hours Sick Leave to 96 hours 72 hours 48 hours 24 hours 0 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. In addition, the right to convert does not carry over or rollover from calendar year to calendar year; failure to request conversion in any calendar year eliminates the right to do so for that calendar year. 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) hours 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 of less than two (2) continuous hours per day need not be recorded. Abuses of this exception, i.e., taking %: 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.R.S. 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, which is currently: 1) classic members, Tier 1 - 8% Miscellaneous/9% Safety; classic members, Tier 2 - 7% Miscel laneous/9% Safety; or PEPRA members, Tier 3 — 6.25% . Miscellaneous/I 1.5% Safety. 10.6.2. The CITY agrees to continue providing all Ca1PERS Miscellaneous employees in the Management Group, who were hired prior to January 1, 2012, with the following CaIPERS retirement formula and optional benefits (existing employees promoted to another position within the CITY, will not be considered new hires, with respect to retirement formulas): 2.7% @ 55 formula (Section 21354.5) Unused Sick Leave Credit (Section 20965) Military Service Credit (Section 21024 & 21027) Final Compensation I Year (Section 20042) 1959 Survivor Benefit, Level 4 (Section 21574) Pre -Retirement Option 2W Death Benefit (Section 21548) 10.6.3 For Ca1PERS Miscellaneous employees, who were hired on or after January 1, 2012, but before January 1, 2013, and those hired on or after January 1, 2013, who meet the definition of classic member, pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), the CITY will provide the following Ca1PERS optional benefits: 2% @ 60 formula (benefit factor increases to 2.418% @ 63+) (Section 21353) Unused Sick Leave Credit (Section 20965) Military Service Credit (Section 21024 & 21027) Final Compensation 3 Years (Section 20037) • 1959 Survivor Benefit, Level 4 (Section 21574) • Pre -Retirement Option 2W Death Benefit (Section 21548) 10.6.4 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013, employees hired, who meet the definition of new member under PEPRA, will be covered by following retirement formula and receive the following CaIPERS optional benefits: 2% @ 62 formula (benefit factor increases to 2.5% @ 67+) (Section 7522.20) Final Compensation 3 Years (Section 20037) Member contribution rate of fifty (50) percent of the expected normal cost rate, which is currently 12.5% (6.25% is employee's portion) Unused Sick Leave Credit (Section 20965) Military Service Credit (Section 21024 and 21027) 1959 Survivor Benefit, Level 4 (21574) Pre -Retirement Option 2W Death Benefit (Section 21548) 10.6.5 The CITY agrees to continue providing Ca1PERS Safety employees in the Management Group, who were hired prior to September 17, 2011, with the following Ca1PERS retirement formula and optional benefits (existing employees, promoted to another position within the CITY, will not be considered new hires, with respect to retirement formulas): . 3% @ 50 plan (Section 21362.2) Unused Sick Leave Credit (Section 20965) Military Service Credit (Section 21024 & 21027) Final Compensation 1 Year (Section 20042) 1959 Survivor Benefit, Level 4 (Section 21574) Pre -Retirement Option 2W Death Benefit (Section 21548) 10.6.6 For CalPERS Safety employees, who were hired on or after September 17, 2011, and those hired on or after January 1, 2013, who meet the definition of classic member, pursuant to the California Public Employees_ Pension Reform Act of 2013 (PEPRA), the CITY will provide the following Ca1PERS optional benefits: 3% @ 55 plan (Section 21363.1) Unused Sick Leave Credit (Section 20965) Military Service Credit (Section 21024) Final Compensation 3 Years (Section 20037) 1959 Survivor Benefit Level 4 (Section 21574) Pre -Retirement Death Option 2W (Section 21548) 10.6.7 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013, safety employees hired, who meet the definition of new member • under PEPRA, will be covered by the following retirement formula and optional Ca1PERS benefits: 2.7% @ 57 formula (benefit increases to Final Compensation 3 Years (20037) Member contribution rate of fifty (50) percent of the expected normal cost rate (currently 11.5%) Sick Leave Option (Section 20965) Military Service Credit (Section 21024) 1959 Survivor Benefit Level 4 (Section 21574) Pre -Retirement Death Option 2W (Section 21548) 11. HEALTH BENEFITS/DEFERRED COMPENSATION PROGRAM 11.1 HEALTH INSURANCE 11.1.1 The Management Group receives a cafeteria plan contribution (including the amount required by Ca1PERS as follows: Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 — up to $967/month or cost of insurance, whichever is less Employee + family - up to $1.080/month or cost of insurance, whichever is less 11.1.2 Effective January 1, 2015 (beig nning with the first pay period in December), the Management Group will receives the following cafeteria plan contribution, includin¢ the contribution amount required by Ca1PERS: Employee only - up to $715/month or cost of insurance, whichever is less Employee + 1 — up to $1,025/month or cost of insurance, whichever is less Employee + family - up to $1,180/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 carvers, 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. 11 • • • 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/life and vision insurance for self. Life Insurance is provided at $30,000 per employee ($50.000 beginningJanuary 1.2015). The following rates are effective January 1, 2014: Vision Dental Life Totals Bank EE pays Employee only $7.64 $42.87 $37.750 $568.2-174 1 $53.2855.81 $2.93 Employee + 1 $14.32 $119.56 $37.750 $1390.3809 SIX7$3118.34 $11.75 Employee + 2+ $19.52 $119.56 $37.750 $14434.7883 $13�37122.62 $12.21 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 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. 11.5 CONTRIBUTION TO OTHER PROGRAMS CITY will contribute up to SIA0015 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). 11.6 WORKER'S COMPENSATION LEAVE Any employee who is absent from duty because of an on-the-job injury in accordance with state worker's compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his/her base salary and the amount paid by worker's compensation during the first forty-five (45) working days of such temporary disability absence. Eligibility for worker's compensation leave requires an open worker's compensation claim. 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 including JJuiv. 1, 2014, employees in the Management Group will receive a 23% salary increase. regarding the aer '..,e... of a zoi ....i., y n FY 2nnnnnin ..i,.,..,,s in the e e e o 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. 13.4 b gin te repay that deLement, as indieated in 13.1 above, and expresses its eeffffnitmeift to festefing the With the adoption of the 2009/10 budget, the City Council deferred the Management meg_nt Group's 3% salary increase. With the 2013/14 Agreement. the City Council began to repay that deferment, increasing salaries by %z%, and expressed its commitment to restoring the remaining 2'/2% to the Management Group with future contract negotiations. Upon City Council ratification of this Agreement. l'h% of the above -mentioned 2%z% salary deferral will be waived, with the remaining 1% deferred for future years. 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 (S1,29150.00) per fiscal year. Proof of purchase is required. Once purchased, such appropriate footwear must be wom 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 nine (9) months of service. • 16. NO STRIKE, NO LOCK -OUT • 16.1 During the term of this Agreement, 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. 17. FULL UNDERSTANDING, MODIFICATION, WAIVER 17.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 17.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with • respect to any matter covered herein. 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 Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 18. SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. DATE: MANAGEMENT Bruce Keogh • 1"1 11:4 CITY OF MORRO BAY Ed Kreins, Interim City Manager • I KatWeen WeldBrvan Millard Susan SlaNion. Administrative Svcs Dir Janeen Burlineame Laurie Goforth, Human Resources Analyst Scot Graham 0 0 RESOLUTION NO.66-14 RESOLUTION OF THE CITY OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE AGREEMENT WITH THE MORRO BAY CONFIDENTIAL EMPLOYEES AND RELATED COMPENSATION 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; the 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt this Resolution; adopting the two-year Agreement on the compensation and working conditions for the Confidential Group for the period July 1. 2014 through June 30. 2016, and authorizes the City Manager to execute all necessary documents to implement said changes. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this 141h day of October, 2014 by the following vote: AYES: Irons. C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSENT: None ATTEST: JAI BOUCHER, City Clerk U JAMIE L. IRONS.Mavor AGREEMENT BETWEEN THE CONFIDENTIAL EMPLOYEES ZED 21 THE CITY OF MORRO BAY JULY 19 20134 - JUNE 309 20146 2 ® AGREEMENT BETWEEN THE CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY Jule 1, 20134 — June 30, 20146 E ARTICLEI- PURPOSE 1.1 WHEREAS; the City of Morro Bay is a municipal corporation; existing under the laws of the State of California as a general law city; and 1.2 WHEREAS. the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure; because it is a public entity, rather than a profit -making business; and 1.3 WHEREAS; the Confidential Group and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE; this AGREEMENT (hereinafter referred to as `AGREEMENT') is entered into as of July 1, 2014, between the City of Morro Bay (hereinafter referred to as "CITY") and the Confidential Group. 1.5 It is the intent and purpose of this AGREEMENT to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences; .which may arise. and to neeotiate any misunderstandine, which could arise, and to set forth herein the basic and full AGREEMENT between the parties concerning the pay. swages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - MANAGEMENT 2.1 In order to ensure that the CITY shall continue to carry out its municipal functions, programs; and responsibilities to the public, imposed by law; and to maintain efficient public service for the citizens of Morro Bay, the CITY continues to reserve, and retain, solely and exclusively. all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by-law. and those CITY rights set forth in the CITY's Personnel Rules and Regulations, and including, but not limited to, the following: 2.1.1 To manage the CITY; and determine policies and procedures and the right to manage the affairs of all Departments. 2.1.2 To determine the existence, or nonexistence, of facts, which are the basis of the management decision, in compliance with State law. i] ® 2.13 To determine the necessity, organization, implementation; and termination of any service or activity conducted by the CITY or other "government jurisdiction; and to expand or diminish services. 2.1.4 To direct; supervise: recruit, select; hire. evaluate; promote, transfer, discipline, discharge; terminate; demote, reduce, suspend; reprimand; withhold salary increases and benefits for disciplinary reasons; or otherwise discipline employees. in accordance with Department or CITY Rules; Regulations; or Ordinances. 2.1.5 To determine the nature; manner_ means; extent, type: time, quantity, quality, technology, standard; and level of services to be provided to the public. 2.1.6 To require performance of other public services, not specifically stated herein; in the event of emergency or disaster; as deemed necessary by the CITY. 2.1.7 To lay off employees because of lack of work or funds; or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the CITY. 2.1.8 To determine and/or change facilities; methods, technology, equipment; operations to be performed; organization structure. and allocate or assign work by which the CITY operations and services are to be conducted. S2.1.9 To determine methods of financing. (30 2.1.10 To plan; determine. and manage Departments budgets, which includes, but is not limited to, changes in the number of locations and types of operations; processes and materials to be used in carrying out all functions, and the right to contract or subcontract any work or operations. 2.1.11 To determine the size and composition of the work force, assign work to employees of the CITY; in accordance with requirements determined by the CITY. and to establish and require compliance to work hours and changes to work hours; work schedules; including call back, standby; and overtime; and other work assignments, except as otherwise limited by this AGREEMENT, or subsequent AGREEMENTS. 2.1.12 To establish and modify goals and objectives, related to productivity and performance programs and standards. including, but not limited to, quality and quantity, and required compliance therewith. 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassif} employees in accordance with division and/or CITY Rules and Regulations. 3 ® 2.1.14 To determine the issues of public policy and the overall goals and objectives of the CITY, and to take necessary action to achieve the goals and objectives of the CITY. 2.1.1 5 To hire, transfer intra- or inter -Department, promote, reduce in rank; demote, reallocate, terminate, and take other personnel action, for non -disciplinary reasons, in accordance with Department and/or CITY Rules, Regulations and Ordinances. 2.1.16 To determine policies; procedures and standards for recruiting, selecting; training and promoting employees. 2.1.17 To establish, implement; and/or modifv rules and regulations; policies, and procedures related to productivity, performance; efficiency, personal appearance standards; code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2.1.18 To maintain order and efficiency in facilities and operation. 2.1.19 To restrict the activity of an employee organization on CITY facilities, except as set forth in this AGREEMENT. 2.1.20 To take any and all necessary steps and actions to cam, out the service requirements and mission of the CITY in emergencies; or any other time deemed necessary by the CITY; and not specified above. 2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code. 2.3 Authority of Third Party Neutral — Management Rights All management rights; powers, authority and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the CITY. No third party neutral shall have the authority to diminish any of the management rights which are included in this AGREEMENT. 2.4 Nothing herein is meant to diminish employee rights provided by the Government Code. ARTICLE 3 - RECOGNITION 3.1 The Confidential Group is comprised of the following classifications: Executive Secretary/City Clerk Senior Accounting Technician Human Resources Analyst ® Support Services Coordinator Legal Assistant/Deputy City Clerk Personnel Technician Accounting Technician Account Clerk III - Confidential 4 ® The term "employee" or "employees" as used herein shall refer only to the foregoing classifications. 3.2 Employees working on a regular basis in a classified position; but less than full-time. shall receive vacation and sick leave accruals on a pro -rated basis, commensurate with hours worked. All benefits for new hires, including insurance benefits; will be allocated on a pro -rated basis, commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT All employees shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account, with an ACH member financial institution. ARTICLE 4 - TERM Except as otherwise specifically provided herein, the term of this AGREEMENT commences on July 1, 20134. and expires. and is otherwise fully terminated. at midnight on June 30, 20146. ARTICLE 5 - ANTI -DISCRIMINATION The CITY and Confidential Group mutually agree they will not discriminate against employees Is for the exercise of their rights under the State of California Government Code Section 3502. 11 ARTICLE 6 - WORK SCHEDULE This article is intended to define the normal hours of work, and shall not be construed as a guarantee of work per day or per week, or of days of work per week. 6.1 WORKDAY: The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. Alternative work schedules can be implemented upon approval of the City_ Manager, and providing they are not in violation of FLSA regulations. 6.2 WORKSHIFT: Employees shall be scheduled to work on regular workshifts, having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without 24 hour prior notice to the employee. Call -out or overtime does not constitute a change in workshift. 6.3 WORKWEEK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) day period, beginning Saturday at 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. GW 0 6.4 OVERTIME COMPENSATION 6.4.1 All work, required by the CITY and actually performed beyond forty (40) hours worked in a workweek, is defined as Fair Labor Standards Act (FLSA) overtime. FLSA overtime shall be compensated at one and one-half (1.5) times the employee's regular rate of pay, as defined by FLSA. 6.4.2 Designated CITY holidays shall be considered as time worked for purposes of computing overtime for personnel working a Monday through Friday, 8 hours a day schedule, with Saturday and Sunday as regular days off. Employees working other schedules will accrue holiday hours, based on their schedule. and if workine on the CITY designated holiday, be paid at the rate of one and one-half (1.5) times the employee's regular rate of pay; as defined by FLSA. 6.5 COMPENSATORY TIME OFF (CTO) 6.5.1 At the employee's option, Compensatory Time Off may be taken in lieu of payment for overtime. 6.5.2 CTO may be accrued. An employee's CTO balance shall indicate the amount of CTO available for employee's use. For example, if an employee works two (2) hours of FLSA overtime, and elects to accrue CTO, the employee's CTO balance shall indicate three (3) hours. 6.5.3 An employee's CTO balance shall not exceed a maximum of €setrsixty (4060) hours. If overtime is earned_. which would exceed this limit, the excess shall be paid in cash. 6.5.4 FLSA overtime shall be accrued and taken at one and one-half (1.5) times the amount of overtime actually worked. For example, if an employee works two (2) hours of FLSA overtime in a workweek, the employee shall be entitled to either two (2) hours of pay at one and one-half (1.5) times the employee's regular rate of pay; or three (3) hours of CTO. 6.5.5 All CTO, requested by an employee, shall be approved in advance by the employee's Department Head. Approval or denial of CTO shall be at the discretion of the Department Head. 6.6 EMERGENCIES: 6.6.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations; shifts, or duties. for the purpose of meeting an emergency. Such emergency assignments shall not extend beyond the period of said emergency. 3 ® 6.6.2 Short staffing, caused solely by absences due to employees taking approved paid leave, shall not be considered an emergency. ARTICLE 7 - VACATION LEAVE NOTE: ALL LEAVE TIME (VACATION, SICK LEAVE, HOLIDAY, ETC.), WILL BE TAKEN OFF ON AN 14OUR-FOR-HOUR BASIS, EQUALING EMPLOYEE'S ACTUAL TIME OFF, REGARDLESS OF ACCUMULATION RATES. 7.1 During the term of this AGREEMENT, paid vacation leave shall be earned at the following rate: ENTITLEMENT SERVICE YEARS IN DAYS 1 thru 2 10 3 thru 4 11 5 thru 6 12 7 thru 8 13 9 thru 10 14 11 thru 12 15 13 thru 14 16 15 thru 16 17 ® 17 thru 18 18 19 thru 20 19 21 or more 20 7.2 The standard for vacation time is eight (8) hours equals one (1) day. 7.3 Maximum Accumulation It is recognized 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 Confidential Group agree on the following policy: 7.3.1 Unused vacation leave may be carried over. into the following year, to a maximum of two hundred twenty (220) hours. Employees, exceeding the 220 hour maximum as of the pay period containing November 1 of each year, will have the following options related to the excess hours: a. Cash out; b. Convert hours to sick leave on an hour -for -hour basis; and/or c. Paid to deferred compensation. The CITY shall take said action(s) with the pay period containing December l of each year. Payment shall be computed, based upon the employee's base hourly ® rate of pay as of June 30 of the same calendar year. 7 11 7.3.2 An employee, separating from the CITY. is entitled to pay for accumulated vacation, prior to separation, at his/her current base hourly rate of pay. 7.4 A member of the Confidential Group may exercise an option to.convert into cash a maximum of forty (40) hours of accrued vacation leave each fiscal year. Such conversion shall be computed at the employee's current base hourly rate, on an hour -per -hour basis. ARTICLE 8 - HOLIDAYS 8.1 For the purpose of this AGREEMENT, the following days are the holidays for the employees in the Confidential Group: Independence Day .............................. LaborDay ........................................ Veteran's Dav................................... Thanksgiving Day ............................... Day after Thanksgiving Day .................. Christmas Day ................................... New Years Day ................................. Martin Luther King, Jr., Da} ...................... Lincoln's Birthday ............................. President's Day .................................. Memorial Day ................................... Floating Holidayy................................ Floating Holiday ................................ July 4 1" Monday in September November 11 4a' Thursday in November 41h Friday in November December 25 January1 .3 Monday in January_ February 12 -3 Monday in February Last Monday in May Varies Varies 8.2 Holidays; falling on Saturday. shall be observed on the preceding Friday, and holidays, falling on Sunday, shall be observed on the following Monday; and shall be considered designated holidays; for purposes of overtime. 8.3 One holiday equals eight hours. For those employees working the 9/80 alternative work schedule; one holiday may equal up to 9 hours. Accrued holiday time may be taken in less than eight hour increments. 8.4 It is agreed that when a holiday is proclaimed by the Mayor of the CITY; each employee shall be granted time -off in the same number of equivalent work hours. Such time -off shall be authorized by the Department Head. 8.5 Employees may accumulate up to a maximum of forty-eight (48) hours of holiday time. Hours of holiday time, accumulated over 48 hours, will be paid off. When an employee terminates employment with the CITY, he/she shall receive pay for his/her current holiday balance. up to a maximum of 48 hours, at his/her current base hourly rate. 8.6 CITY's denial of requested holiday, time off shall be neither arbitrary nor capricious. f3 ® ARTICLE 9 - ADMINISTRATIVE LEAVE 9.1 Each member of the Confidential Group is eligible to earn forty-five (45) hours of administrative leave per fiscal year. The time during the fiscal year; at which an employee may take administrative leave; shall be authorized by his/her Department Head, with regard for the wishes of the employee, and particular regard for the needs of the services. 9.2 Up to twenty-four (24) hours of administrative leave may be rolled over into the following fiscal year. Upon termination, employee will be paid the pro -rated amount; commensurate with the portion of the fiscal year worked; at the employee's current base hourly pay rate. ARTICLE 10 - SICK LEAVE 10.1 During the term of this AGREEMENT, sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar month of service. Sick leave used shall be actual employee time off. For example; if an employee works four (4) ten (10) hour days per week and is off sick for one of the ten (10) hour days; ten (10) hours shall be deducted from employee's sick leave balance. There shall be no maximum to the amount of sick leave that an employee may accumulate. Is 10.2 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 per fiscal year, pursuant to the formula below: Sick Leave Utilization 0 hours .25 to 8 hours 8.25 to 16 hours 16.25 to 25 hours Over 25 hours Maximum Conversion Sick Leave To 96 hours 72 hours 48 hours 24 hours 0 hours Vacation Leave 48 hours 36 hours 24 hours 12 hours 0 hours At least 160 accrued hours must remain in employee's sick leave bank to be eligible for conversion. In addition. the right to convert does not carry over or rollover from calendar year to calendar year; failure to request conversion; in the current calendar year; eliminates the right to do so for that calendar year. 10.3 Upon termination; unused accumulated sick leave is not compensable; however; upon the service retirement of an employee, who has more than ten (10) years of service with the CITY; said employee shall be entitled to receive payment for up to the first ninety (90) days of his/her accrued sick leave at twenty-five percent (25%) of the employee's rate of ® pay as of the date of service retirement. P] ® 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 CAPERS purposes cannot be compensated (converted to dollars). ARTICLE I I - RETIREMENT BENEFITS All members of the Confidential Group pay 100% of the employee contribution to CalPERS as follows: Tier 1 "classic" members = 8%: Tier 2 "classic" members = 7%: and Tier 3 "new" members = 50% of the expected total normal cost rate; currently 6.25%. 11.2 Confidential 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 CalPERS or the state legislature. 11.3 Parties agree that CITY payment of CalPERS contributions are made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. Is CITY, Should current tax treatment change. the Confidential Group 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 CalPERS contribution. 11.5 Should current tax treatment change. the Confidential Group shall have the opportunity to meet and confer regarding any such changes. 11.6 For employees hired prior to December 10: 201 1: the CITY agrees to continue to provide CalPERS Miscellaneous Employees with the following CalPERS optional benefits: 2.7% at 55 formula (Section 21354) Unused Sick Leave Credit (Section 20965) One -Year Final Compensation (20042) Military Service Credit (21024) 1959 Survivor Benefit, Level 4 h (21574) Pre -retirement Option 21Ad Death Benefit (Section 21548) 11.7 For employees hired on or after December 10. 2011. but before January 1, 2013, the CITY will provide a retirement benefit program through CalPERS with the following CalPERS optional benefits: 2% @ 60 formula (benefits factor increases to 2.418% @ 63+) (21353) ® Unused Sick Leave Credit (Section 20965) 10 Final Compensation Average 36 consecutive highest months (20037) ® Military Service Credit (21024) 1959 Survivor Benefit 4`s Level (21574) Pre -retirement Option 2W Death Benefit (Section 21548) 2 11.8 For employees hired on or after January 1, 2013, the CITY will provide a retirement benefit program through CalPERS with the following CaIPERS optional benefits: 2% @ 62 formula (benefit factor increases to 2.4% @ 67+) (7522.20) Unused Sick Leave (Section 20965) Final Compensation Average 36 consecutive highest months (20037) Military Service Credit (21024) 1959 Survivor Benefit 4 h Level (21574) Pre -retirement Option 2W Death Benefit (Section 21548) ARTICLE 12 - HEALTH BENEFITS/DEFERRED COMPENSATION PROGRAM 12.1 HEALTH INSURANCE 12.1.1 The Confidential Group receives a cafeteria plan contribution, which includes the amount required by CalPERS, as follows: Employee only - up to S715/month or cost of insurance; whichever is less Employee + 1 — up to S967/month or cost of insurance, whichever is less Employee + family - up to $1.080/month or cost of insurance, whichever is less 12.1.2 Effective January 1. 2015 (beginning pay period including December 1. 2014). Confidential Group employees receive a cafeteria plan contribution. which includes the amount required by CalPERS. as follows: Employee only - up to $715/month, or cost of insurance, whichever is less Employee + 1 — up to $1.025/month. or cost of insurance. whichever is les F.mnlovee + family - un to S I .I 80/month. or cost of insurance. whichever 12.2 DENTAL AND VISION INSURANCE: 12.2.1 During the term of this AGREEMENT, the CITY shall offer dental/.life and vision insurance. Life (insurance is provided at S30,000 per employee $( -0.000 beginning January 1. 2015). The following rates are effective January 1, 2014: Vision Dental Life Total 'Bank EE Pays Employee only S 7.87 S 43.37 $5.70 S 56.94 S 54.01 S 2.93 Em Ioyee+1- $15.68 S106.91 $5.70 S128.29 $116.54 SIL75 Employee + 2+ $20.25 S107.08 $5.70 $IJ3.03 $120.82 $12.21 11 ® CITY will pay the remaining premium for dental, life and vision. Any increases to vision, dental and/or life will be bome by the CITY. 12.3 The provisions of this section shall be binding on the parties through the remainder of this AGREEMENT. and for the term of the AGREEMENT. which will be effective July 1, 20134. The parties agree herewith o retain the epenoption to re -open discussion eelleetive bargaining will eeett with respect to this Section. for any changes to the term of the agreement ending june 30, 20142016 health rates. 12.5 Contribution to Other Programs CITY will contribute up to $1-AW 1.500 per calendar year to each employee's deferred compensation, or approved retiree medical savings plan, on a 2:1 basis (i.e., employee contributes $2, CITY contributes $1). ARTICLE 13 - EDUCATION INCENTIVES L3.1 CITY agrees to reimburse the costs for job -related and job -required certifications, correspondence courses, and licenses (except Class III driver's license) upon successful completion of the examination or course by the employee having written authorization in advance from their department head. This shall include application fees, examination fees, and certificate fees. Renewal fees may be paid in advance by the CITY. ® CITY agrees to provide a City vehicle, when available, during normal working hours for required transportation and will permit paid time for employee to take examinations scheduled during normal working hours. No mileage payments are authorized for personal transportation, and time spent outside normal working hours shall not be compensated. n L�J 13.2 COLLEGE DEGREES 13.2.1 CITY agrees to pay the following education incentives on base salary to regular employees hired prior to January 1, 1998 who hold degrees above the minimum required in their respective classification. Associate of Arts Degree - S600 annually Bachelors Degree - $1,200 annually 13.2.2 If an employee's job description requires an AA degree and the employee has a Bachelor's Degree, the employee will receive only the difference between an AA and a BA degree, or $600 annually. 13.2.3 If an employee's job description requires a degree or if an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. 12 ® The parties agree that this section shall not be interpreted to reduce the amount of education incentive pay that any employee hired prior to January 1, 1998 receives. notwithstanding the fact that the employee is promoted to a higher position requiring a particular degree, or the fact that the job description for the employee's existing position has been revised to require a particular degree. In the event an employee; hired prior to January 1. 1998, promotes to a position requiring a degree, not required by the lower position, or if the job description for an employee, hired prior to January 1. 1998, is revised to require a degree; not previously required for the position, the employee shall continue to receive the amount of the education incentive pay received in the lower position or previous job description. li.2.4 Based on the new job descriptions for all classifications which were adopted in May 1995, as well as salary survey implementation over the last three years, employees currently in positions now required to hold an AA or BA degree according to the job description for the classification they hold, will continue to receive an educational incentive for said degree. Any employees hired on or after January 1, 1998 or current employees promoted on or after January 1. 1998 to positions requiring degrees will be subject to section 13.2.3 above. 13.2.5 Employees, hired on or after January 1. 1998, shall not be eligible for this incentive. ® ARTICLE 14 — SALARIES 14.1 Salaries shall be increased by_33%, effective .with the pay period containing July 1. 2014. 14.2 All salary adjustments, including, but not limited to, merit increases, educational incentives, and any other pay adjustments will take effect at the beginning of the next payroll period after the scheduled effective date of the increase. 14.3 Any and all special pay incentives will be calculated on base salary. ARTICLE 15 - SPECIAL PAY PRACTICES Members of the Confidential Group who are required by their supervisor to attend meetings outside of the normal work schedule for the purpose of taking minutes of said meetings shall be paid a minimum of four hours at time and one-half without regard to hours actually worked during the work week. Minutes taken at meetings during regular work hours shall be included in employees' regular rate of pay and not compensated beyond that. ARTICLE 16 —PROBATION The probationary period for newly hired employees shall be twelve (12) months. The probationary period for employees promoted to a higher classification shall be six (6) months in ® the new classification. The CITY shall have the option of granting a newly hired employee 13 ® regular status at any time after nine (9) months of service. ARTICLE 17 - NO STRIKE, NO LOCK -OUT 17.1 During the term of this AGREEMENT, the CITY will not lockout any employees nor will the Confidential Group members cause, authorize; advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean an}, 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 Confidential Group. 17.2 There shall be no refusal to work on; handle or produce any materials or equipment because of a labor dispute. 17.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 18 - FULL UNDERSTANDING, MODIFICATION, WAIVER 18.1 This AGREEMENT sets forth the full and entire understanding of the parties regarding the matters set forth herein. and any other prior or existing understanding or agreements ® by the parties; whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 18.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. 18.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon 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 Confidential Group. 18.4 The waiver of any breach of any term, or condition of this AGREEMENT by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 18.5 If the City agrees to*an economic package for represented and/or unrepresented employee organizations, substantively different from the Confidential Unit's settlement for the period of July 1, 20134 through June 30. 20146, the City will consider modifying the Resolution to provide an equivalent increase. ARTICLE 19 - SEVERABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but ® all other provisions will continue in full force and effect. 14 Date: CONFIDENTIAL EMPLOYEES GROUP Laurie Goforth, Human Resources Analyst Jamie Boucher, City Clerk Date: CITY OF MORRO BAY Edward Kreins, Interim City Manager Susan Slayton, Admin. Services Dir. 15 RESOLUTION 65-14 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING THE URBAN FOREST MANAGEMENT PLAN THE CITY COUNCIL City of Morro Bay, California WHEREAS. City Council recognizes the important role of trees within the urban environment: and WHEREAS, the urban forest provides numerous economic, social and environmental benefits: and WHEREAS. the City of Morro Bay received technical assistance in 2012 from the USDA Forest Service, through the California Department of Forestry and Fire Protection, Urban and Community Forest Program; the California Urban Forest Council and the Inland Urban Forest Council to prepare its Urban Forest Management Plan; and WHEREAS, the Urban Forest Management Plan will serve as a framework to guide the City in enhancing the urban forest in Morro Bay: and WHEREAS, the Urban Forest Management Plan will contribute to the City's long-term sustainability, as trees clean the air. improve stormwater management, conserve energy, improve public health and increase property values; and WHEREAS. the Urban Forest Management Plan was reviewed by the City's Public Works Advisory Board and Planning Commission and their recommendations. have been forwarded and reviewed by the City Council at their March 25, 2014 meeting: and R'HEREAS, the Citv has received recognition as a "Tree City USA" from the Arbor Day Foundation for over 20 years and adoption of the Urban Forest Management Plan will help the City maintain this designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay; California. as follows: 1. The City Council hereby adopts the Urban Forest Management Plan; adoption of this plan establishes the framework to guide the City in managing our urban forest. 2. Staff will take the plan to the Public Works Advisory Board for further discussion with special emphasis on Goal rl, public/private trees with the potential for revision to Chapter 12.08 of the Morro Bay Municipal Code. Ej PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting ® thereof held on the 14"' day of October, 2014 on the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSENT: None ATTEST: 1 Jami Boucher. City Clerk El E, J e L. Irons. May RESOLUTION NO. 64-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ACCEPTING A GRANT OF EASEMENT FOR SEWER PURPOSES The City Council City of Morro Bay, California WHEREAS, On September 16, 2014 a Certificate of Lot Line Adjustment (S00-118) was issued to remove encroachments at 1620 Preston Lane and 491 Little Morro Creek Road: and WHEREAS, a public sewer main exists along the Westerly side property line of the above mentioned property; and WHEREAS, staff became aware of a public sewer main at a private property during the plan check of the above referenced Certificate of Lot Line Adjustment; and WHEREAS, the owner, has granted a sewer easement to the Citv: and WHEREAS, the dedication and acceptance of this sewer easement will allow j� City maintenance staff to have legal access to an existing sewer main: and `® WHEREAS, it is in the public interest for the Morro Bay City Council to accept the easement on behalf of the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay does hereby accept the grant of easement from Jeri Lynn Clark on behalf of the public. PASSED AND ADOPTED by the Morro Bay Cite Council at a regular meeting thereof held on the 14`h day of October 2014 by the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: Drone ABSTAIN: None _/ Jamie L_ Irons; Mayo ATTEST: JamieLlIoucher. City Clerk E. ® RESOLUTION NO.63-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFOIVN'IA EXPRESSING APPRECIATION FOR THE DEDICATION AND PUBLIC SERVICE OF ED KREINS AS INTERIM CITY MANAGER FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Ed Kreins began his career in public service as a police officer for the City of Ha«vard in 1956, and WHEREAS, Ed Kreins' Police Chief career began in the City of Sausalito in 1966, and in 1970 he started the first municipal Police Department as Police Chief for the city of Pleasant Hill after its incorporation, and WHEREAS, Ed Kreins in 1981 was appointed City Manager for the City of Beverly Hills after serving as their Police Chief. While serving in Beverly Hills Ed oversaw the renovation of the City's historic Spanish Revival City Hall that was developed into a combined City Hall, Fire and Police Department. and Civic Center that has become the centerpiece for ® municipal government in Beverly Hills today. Ed served as City Manager of Beverly Hills for eleven years before retiring, and WHEREAS, Ed Kreins couldn't stay away from public service and went on to serve as interim city manager for the cities of Pismo Beach; Seaside, Livermore. Hollister. and Solvang as well as.serying as the first interim city manager for the City of Calabasas after their incorporation in the early 1990's. Ed has served over 30 cities across the State of California performing training, coaching, and investigations; before landing in the City of Morro Bay_ as Interim City Manager where he has served for the last 9 months. and WHEREAS, in the last 9 months as City Manager for the City of Morro Bay under Ed Kreins' leadership the City has hired a City Attorney; Planning Manager, delivered a balanced budget, transferred public safety dispatch to county cutting costs while maintaining service, along with negotiating employee contracts, and recruiting a City Manager saving the City the expense of an outside'consultant, and y WHEREAS, Ed Kreins has been married to his wife Emily for 62 years, has three sons, Paul, Joseph, and Edward, five grandchildren, and three great grandchildren, and WHEREAS, between Ed, his wife Emily, and his son's Joseph and Edward, the family has a combined 140 plus years of dedicated public service, El ® NOW THEREFORE BE IT RESOLVED ON THIS DAY, September 23, 2014, that the city council of the city of Morro Bay recognizes and extends its gratitude to Ed Kreins for his dedication and service to the the City of Morro Bay as well as the many cities he has served over his career in public service which spans nearly six decades at 58 years, and the City of Morro Bay wishes Ed Kreins all the best as he continues his civic service onto the next city and into the future. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 2J`d day of September. 2014 on the following vote: AYES: Irons. C. Johnson_. N. Johnson_. Leage_, Smukler NOES: None ABSENT: None ATTEST: J ik Boucher. City Clerk 0 E J I e L. Irons. Mavoi RESOLUTION NO. 62-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORAN`IA ® ACCEPTING A GRANT OF EASEMENT FOR ACCESS PURPOSES The City Council City of Morro Bay, California WHEREAS, On March 19, 2014, the City's Planning Commission approved a Coastal Development Permit (CPO-429) and Conditional Use Permit (UPO-376) for modifications and commercial improvements to an existing hotel including renovations to public areas, addition of outside gazebo and changes to roofline at 60 State Park Road: and 'WHEREAS. the City controls and manages lease site 27W, located westerly of the permitee's property which does not have legal landward access: and WHEREAS, Planning Commission Resolution (04-14) approving the permit contained the following condition of approval: The Applicant shall grant an access easement to lease site 271V to the satisfaction of the Harbor Director and City Engineer prior to building permit issuance: and WHEREAS, the Owners, have granted the required easement to the City: and is WHEREAS, it is in the public interest for the Morro Bay City Council to accept the easement on behalf of the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The. City does hereby accept the grant of easement from Imperial Coast Limited Partnership on behalf of the public. 2. The Mayor is hereby authorized to sign the "Access Easement Agreement" on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 2) day of September 2014 by the following vote: AYES: Irons. C. Johnson, N. Johnson, Leage, Smukler NOES: None V ABSTAIN: None c/ Jamie y Irons. Mayor ® ATTEST: Jami oucher, City Clerk RESOLUTION NO. 61-14 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFOIVN'IA ACCEPTING A GRANT OF EASEMENT FOR SEWER PURPOSES The Cite Council City of Morro Bay, California WHEREAS, On March 27, 2014. an Administrative Coastal Development Permit (CPO-425) was issued for the construction of a new home at 325 Zanzibar Street. Morro Bay.: and WHEREAS, a public sewer main exists along the Easterly side line of the abovementioned property; and WHEREAS, the administrative coastal development permit contained the following condition of approval: A 5 foot wide sewer easement is required along the eastern property line. The limits of this easement shall be shown on the final building plans. A Dedication of Easement with complete legal description shall be provided in a format approved by the City Engineer with the Building Plans ® submittal. WHEREAS, the Owners, have granted the required sewer easement to the City; "I WHEREAS, it is in the public interest for the Morro Bay City Council to accept the easement on behalf of the public. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Morro Bay does hereby accept the grant of easement from Kirk E. and Laree S. Najarian on behalf of the public. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 23`d day of September 2014 by the following vote: y AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSTAIN: None u� Jal L. Irons, Mavor ATTEST: Jamiei6oucher, City Clerk RESOLUTION N'O.60-14 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF i\IORRO BAY, CALIFORNIA, AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO A 2014/2016 SURRENDERED AND ABANDONED VESSEL EXCHANGE CONTRACT WITH THE DIVISION OF BOATING AND WATERWAYS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Cite of Morro Bay (City) applied for two grants from the Division of Boating and Waterways (DBW) under the 2014/2016 Abandoned Watercraft Abatement Fund (AWAF) program and the Vessel Turn -In Program (VTIP); and WHEREAS. DBW awarded the Cite of Morro Bay a AWAF grant in the amount of S41,400.00 and VTIP grant in the amount of S16,600.00 for a total FY 2014/16 grant award of $58.000; and WHEREAS, these two grants are combined to create a single grant, entitled "Surrendered and Abandoned Vessel Exchange" (SAVE), which will allow the City the abilitv to utilize the funds as deemed necessary for both AWAF and VTIP grant award purposes. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California as follows: 1. The Citv is hereby authorized to enter into SAVE Contract Agreement #C7702206 in the amount of S58.000 for removal of abandoned/surrendered vessels and hazards to navigation. 2. Harbor Director Eric Endersbv 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 23th day of September; 2014 on the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSENT: None c/ /1• ie L.-Irons, gavor ATTEST: J Jami Boucher, City Clerk RESOLUTION NO.59-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ® APPROVING A LEASE AGREEMENT WITH THE UNITED STATES COAST GUARD TO LEASE A MAINTENANCE STORAGE BUILDING LOCATED AT 1620 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, in 1994 the City of Morro Bay constructed a gear storage facility on Morro Bay Power Plant Property along with a Harbor Department maintenance storage building at 1620 Embarcadero: and, WHEREAS, the City of Morro Bay was granted an easement for use of the gear storage facility site in 1998 by Pacific Gas and Electric which is now held by their successor to the Morro Bay Power Plant, Dynegy; and, WHEREAS, the City of Morro Bay leased a portion of the area to the Morro Bay Commercial Fisherman's Organization for operation. of a non-profit, logy -cost, safe and convenient gear storage area for commercial fishermen: and. WHEREAS, the United States Coast Guard Station Morro Bay currently occupies a Harbor Department maintenance storage building; and, ® WHEREAS, the United States Coast Guard and the Harbor Department have agreed to terms and conditions to enter into a one year lease agreement with three one year options for renewal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California as follows: 1. Approval of a lease agreement with the United States Coast Guard for storage at 1620 Embarcadero is hereby approved and the Mayor is hereby authorized to execute the lease document. 2. The Harbor Director is hereby authorized to administratively execute any or all of the three year options to renew should the United States Coast Guard wish to renew. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of September, 2014 on the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSENT: None ® Ja e L. Irons, Mayor ATTEST: Ja to Boucher. City Clerk ® RESOLUTION 58-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT 1 TO THE 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 HOME INVESTMENT PARTNERSHIP PROGRAM, THE EMERGENCY SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FOR FISCAL YEARS 2015-2017 THE CITY COUNCIL City of Morro Bay, California WHEREAS, 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 County and the City executed a cooperation agreement dated July 15. 2014 for participation in the Urban County_ of San Luis Obispo for Purposes of Federal CDBG. HOME, and ESG Funding; and WHEREAS, the County informed the City on August 22, 2014 of a requirement by HUD to amend the Cooperation Agreement to allow for a three year agreement term and to add a paragraph to the Agreement to provide for Use of Program Funds as required by HUD federal regulations; and WHEREAS, the City desires to continue to participate jointly with the County in said program; and WHEREAS, the proposed amendment to the 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 r'1 LJ ® WHEREAS; the proposed amertdincrit to the 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. NONN', THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California. as follows: Section 1. The City Council hereby approves and authorizes the Amendment I to the Cooperation Agreement with the County to enable joint participation in HUD's CDBG program. Section 2. The City Manaeer or his/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 cam' 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 9th day of September_ 2014 on the following vote: AYES: Irons. C. Johnson. N. Johnson. Lease. Smukler NOES: None ® ABSENT: None ATTEST: J e Boucher. City Clerk E Jaf L. Irons. May r ®_ AMENDMENT NUMBER 1 TO 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 HOME INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FOR FISCAL YEARS 2015 THROUGH 2O17 THIS AGREEMENT is made and entered into this 2" day of eS ,Ptemh . , 2014, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "County"; and the City of Morro Bay, a municipal corporation of the State of California, located in the County of SanLuis Obispo, hereinafter called "City," jointly referred to as "Parties." WITNESSETH WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act." The Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and I WHEREAS, Title I of the Act is entitled "Community Development" and governs programs,for housing and community development within metropolitan cities and urban counties or communities by providing financial assistance annually for area -wide plans and for housing, public services and public works programs; and WHEREAS, the Community Development Block Grant (CDBG) I rog I m, the HOME Investment Partnerships (HOME) Program, the Emergency Solutions Grant (ESG) Program, and the Housing Opportunities for Persons with AIDS (HOPWA) Program are consolidated under Title I of the Act; and WHEREAS, County has requested of the federal Department of Houing and Urban Development, hereinafter referred to as "HUD", that the County be designated as an "urban county"; and .WHEREAS, County needs to requalify as an urban county and will be eligible to receive CDBG funds; provided, that County's entitled cities defer their entitlement to County to enable both County and the entitlement cities to jointly participate in the program; and WHEREAS, City desires to participate jointly with County in said prod ram; and Page 1 of 4 WHEREAS, on July 15, 2014, the County and City entered into a Cooperation Agreement (the Original Cooperation Agreement) in order for the County to requalify as an urban county and submitted said cooperation agreement to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, HUD reviewed said Original Cooperation Agreement and. determined that it must be amended to provide for a three year term and to include additional language required by the Transportation, Housing and Urban Development, and Related agencies Appropriations Act, 2014, Public Law 1 3- 76. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows: 1. The first sentence of Paragraph C, entitled "C. Term of Agreement —. Automatic Renewal Provision," of Section I, entitled "SECTION I. General:," of the Original Cooperation Agreement is hereby amended and replaced to reatl as follows: The term of this Agreement shall be for a period of three (3) years commencing July 1, 2015 through June 30, 2018. 2. The section entitled "SECTION IV. Use of Proaram Funds".of the Original Cooperation Agreement is hereby amended to add a new section "I" that reads as follows: I. The City may not sell, trade, or otherwise transfer all or any portion of CDBG funds to another metropolitan city, urban county, unitlof general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under Title I of the Act. 3. All other provisions of the Original Cooperation Agreement not specifically amended herein remain in full force and effect. NOW, THEREFORE, the Parties hereto have caused this Amendment Number 1 to the Cooperation Agreement to be executed and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. ® APPROVED AS TO FORM: lJ 0 Deputy County Counsel Date: q COUNTY OOF,S'A,ND LUIS OBIPO By: V O " �"� � 6�&— Chairperson of the Board of Supervisors ATTEST: JULIE L. RODEWALD Julie Rodewald, County Clerk �. r cen Date: L&Pi 4i ber 23,W * D tv Clerk [Signatures continued on Page 4] Page 3 of 4 [Signatures continued from Page 3] CITY OF MORRO BAY Jamie . Irons,Mayor Date: ATTEST: Jakfie Boucher, City/Clerk Date: APPROVED AS TO FORM: J s h W. Pannone, Interim City Attorney Date: / C a i Page 4 of 4 RESOLUTION NO. 57-14 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NIORRO BAY, CALIFORNIA ADOPTING THE 2014 SAN LUIS OBISPO COUNTY INTEGRATED REGIONAL WATER MANAGEMENT PLAN AND FINDING THAT THE PROJECT IS EXEMPT FROM SECTION 2100 ET SEQ. OF THE CALIFORNIA PUBLIC RESOURCES CODE (CEQA) The City Council City of Morro Bay, California WHEREAS, the State of California has established an Integrated Regional Water Management grant program pursuant to the Safe Drinking Water, Water Quality and Supply; Flood Control; River and Coastal Protection Bond Act of 2006 (Public Resources Code Section 75001 et seq.) (also known as Proposition 84); and R'HEREAS, the Regional Water Management Group for the San Luis Obispo County Region as of the date of this resolution consists of agencies including the City of Morro Bay, that have signed a Memorandum of Understanding (Exhibit "A") and are listed in Exhibit `B": and WHEREAS, the concepts, direction and approach to water resources management embodied in the State's Integrated Regional Water Management program guidelines closely match those of the San Luis Obispo County Region; and WHEREAS, the San Luis Obispo County Integrated Regional Water Management Plan was initially developed and adopted by multiple agencies in the County in 2005 and updated in 2007: and WHEREAS, an update to the 2007 San Luis Obispo County Integrated Regional Water Management Plan is needed in order to effectively and efficiently integrate the region's water resources management planning objectives and implementation strategies in the following five key areas: Water Supply, Groundwater Monitoring and Management. Flood Management, Ecosystems and Watershed, and Water Resources Management and Communications: and NVHEREAS, the San Luis Obispo County Flood Control and Water Conservation District has coordinated with the Regional Water Management Group to produce the 2014 San Luis Obispo County Integrated Regional Water Management Plan in accordance with 2012 State standards: and WHEREAS, the 2014 San Luis Obispo County Integrated Regional Water Management Plan identifies goals, objectives, strategies and projects designed to improve ® regional water supply reliability, water recycling, water conservation, water quality improvement, stormwater. capture and management, flood management, recreation and access, wetland enhancement and creation; and environmental and habitat protection and ® improvement; and WHEREAS, the City of Morro Bay has reviewed the 2014 San Luis Obispo County Integrated Regional Water Management Plan and has determined that the Plan is exempt from Section 21000 el seq. of the California Public Resources Code (California Environmental Quality Act) pursuant to Section 21150 of the California Environmental Quality Act, and Guidelines Section 15262 because the Plan is a planning study which identifies potential projects, programs, and policies for possible future actions. and includes possible actions, subject to future adoption and approval. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Morro Bav City Council as follows: Section 1. The 2014 San Luis Obispo County Integrated Regional Water Management Plan for the San Luis Obispo County Region is hereby adopted; and staff of the City of Morro Bay is hereby authorized and directed to implement actions consistent with participating in updates to the plan on a five-year cycle as a Regional Water Management Group Member as described within the plan. Section 2. The adoption of the 2014 San Luis Obispo County Integrated Regional Water Management Plan for the San Luis Obispo County Region is hereby determined to be exempt from the requirements of the California Environmental Quality ® Act pursuant to Section 21150 of Section 21150 of the California Public Resources Code and Section 15262 of the State California Environmental Quality Act Guidelines. Section 3. The staff of the City of Morro Bay is hereby directed to file a Notice of Exemption in accordance with provisions of the California Environmental Quality Act. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 26 h day of August 2014 by the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSTAIN: None JanVL,. Irons, Mayor ATTEST: Jami"oucher. City Clerk 11 ® San Luis Obispo County Region Integrated Regional Water Management Program Participants Memorandum of Understanding The undersigned agencies and organizations hereby agree as follows: L BACKGROUND The State of California has established an Integrated Regional Water Management (IRWM) planning and grant program pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Public Resource Code (PRC) Section 75001 et seq., also known as Proposition 84). This program is anticipated to be perpetuated and/or modified by future Bond acts. The IRWM program provides guidance for collaborative efforts to manage all aspects of water resources in a regionby crossing jurisdictional, watershed, and political boundaries to involve multiple agencies, stakeholders, individuals, and groups in order to address issues and differing perspectives of all entities involved through mutually beneficial solutions. Regions that develop IRWM plans in accordance with the guidelines are eligible for certain water resources grant funding opportunities. In accordance with PRC Section 75001 (et seq.) and State IRWM Program guidelines. a Memorandum of Understanding (MOU) (dated 2009), signed by eleven agencies within San Luis Obispo County, established a Regional Water Management Group (RWMG) for the San Luis Obispo County IR\VM Region, and the San Luis Obispo County IRWM Region was officially accepted by the State in May 2009. The San Luis Obispo County IRWM Region water resources stakeholders have determined the need to ® update the IRWM MOU in order to meet new State IRWM guidelines, to claril`v the governance structure for IRWM planning in the San Luis Obispo County IRWM Region, and encourage broader participation. This MOU, in conjunction with the current IRWM Plan, sets forth the San Luis Obispo County IRWM Region's governance structure thereby allowing members and other stakeholders to understand how to participate in the IRWM Plan development and implementation. 2. PURPOSE, GOALS, AND APPROACH 2.1 Purpose. The purpose of this MEMORANDUM OF UNDERSTANDING (MOU) is to establish the mutual understandings among the San Luis Obispo County Region participants with respect to theirjoint efforts to develop and implement an Integrated Regional Water Management (IRWM) Plan for the San Luis Obispo County Region, including the definition of common IRWM terms. roles and responsibilities of IRWM Program Participants, and decision -making processes. 2.2 Goals. The goal of the IRWM program is to provide a reliable, long-term, and high - quality water supply, and to establish a unified vision among the participants' goals for water quality improvement, ecosystempreservation, water supply protection and enhancement, ground water management and flood management, in the context of social justice and climate change adaptation, while protecting the environment. The adopted IRWM plan will identify major water -related goals, objectives and conflicts within the region, consider a broad variety of water management strategies, identif}, the appropriate mix of eater demand and supply management alternatives, water quality protections, flood management strategies, and environmental stewardship actions. 2.3 Approach. The San Luis Obispo County Region participants are specifying their shared intent to coordinate and collaborate on water management issues, giving consideration to ® disadvantaged communities and Native American tribes and their water related needs. In order to IRWM Memorandum of Understanding Paee I of 8 enhance participation of stakeholders, it will be necessary to work at a sub -regional level to better understand the water resources needs and priorities throughout the region. When applying for grants, the San Luis Obispo County Region will strive to distribute the grant funding request fairly across the geographic region. The goal is to distribute awarded funding from each grant cycle equally across the sub -regions (i.e. one quarter of the overall funding to benefit each of the three sub -regions' projects/programs and one quarter of the overall funding to benefit regional projects/programs), to the extent feasible. 3. DEFINITIONS 3.1 Integrated Regional Water Management Plan (Plan). A comprehensive plan for a defined geographic area which shall satisfy the requirements of California's IRWM Program. 3.2 San Luis Obispo County Region (Region). The geographic area of San Luis Obispo County, which is coterminous with the San Luis Obispo County Flood Control and Water Conservation District (District) boundary. 3.3 Local Agency. Any city, county, city and county, special district, joint powers authority, or other political subdivision of the state, a public utility as defined in Section 216 of the Public Utilities Code, or a mutual water company as defined in Section 2725 of the Public Utilities Code. 3.4 Program Participants. Development and implementation of the Region's Plan is a collaborative effort undertaken by the Region's participants, as further discussed in Section 4. The effort is being led by the District, in partnership with the Regional Water Management Group, Water Resources Advisory Committee, Implementation Affiliates, and Interested Stakeholders. Only regional projects and programs to be implemented by those agencies which have adopted the Plan will be eligible for grant applications. The Region categorizes IRWM Program Participants into the following: 14.1 Regional Water Management Group (RWMG). A group in which three or more local agencies, at least two of which have statutory authority over water supply or water management, as well as those other persons who may be necessary for the development and implementation of the Plan, participate by means of this memorandum of understanding, in accordance with requirements of the California Water Code (CWC § 10539). The Region's RWMG members are signatories to this MOU, have adopted the current Plan, and may designate a representative to participate in RWMG activities and its Working Group. The entities must be either a Local Agency or an IRS 501(c)(3) nonprofit organization. The RWMG has the capacity to carry out projects (i.e. financial resources, management structure, adequate staffing). The agencies/organizations that form the RWMG may have planning or implementation projects eligible for State IRWM grants. 3.4.2 Water Resources Advisory Committee (WRAC). This is the committee comprised of water purveyor, resource conservation district, environmental and agricultural, and other water resources representatives that was originally established in the 1940s to advise the District Board of Supervisors on water resource issues. The WRAC is a Brown Act committee that meets monthly, with the exception of July and August. Many participants are actively engaged in issues relevant to Plan development and implementation, and will represent important stakeholder groups throughout the program. 3.4.3 RWMG Working Group (Working Group). The Working Group will involve representatives from the RWMG who have technical expertise and are able to work on the details associated with IRWM efforts. The Working Group will engage stakeholders at a sub -regional level in order to better understand the specific water resources needs and priorities of that sub- region. LJ IRWM Memorandum of Understanding Page 2 of 8 ® 3.4.4 Implementation Affiliates. These entities will adopt the Plan by resolution, but would not be signatories of the MOU. The entities must be either a Local Agency or an IRS 501(c)(3) nonprofit organization. The Implementation Affiliates have the capacity to cam out projects (i.e. financial resources, management structure, adequate staffing). In order to have a planning or implementation project eligible for State IRWM grants, agencies must be an Implementation Affiliate if they are not a part of the RWMG. 3.4.5 Interested Stakeholders. These individuals, organizations, and nonprofits (including those that are not IRS 501(c)(3) nonprofit organizations) who are interested in the IRWM program. The Interested Stakeholders may sign a letter of support for the Plan, or otherwise provide input to the RWMG. but would not be eligible for directly receiving State IRWM grant funds. 3.5 Sub -regions. The Region's IRWM program seeks to engage stakeholders and understand the water resources needs of the Region. To adequately ensure this balanced access and opportunity, for participation in the IRWM program, the RWMG will utilize a sub -regional geographic structure, allowing more focused planning and local outreach efforts that are later brought into the contest of the overall IRWM Region. These sub -regions have been deliberately defined in terms of logical planning and watershed/ hydrogeologic unit boundaries. These "sub- regions` include the North Coast, North County, and South County (see Attachment_1). 3.6 Regional Projects or Programs. Projects or programs to be implemented by the RWMG and/or Implementation Affiliates are identified in the Plan and are based upon the State's IRWM Guidelines under which the current Plan was adopted. which includes but is not limited to: reducing water demand through agricultural and urban water use efficiency, increasing water supplies for any beneficial use, improving operational efficiency and water supply reliability. ® improving water quality, improving resource stewardship, and improving flood management. 3.7 Integration. Assembling into one document the water -related management strategies, projects, programs, and plans of the Region. The development and implementation of the Plan should demonstrate the RWMG is forming, coordinating and integrating separate efforts in order to function as a unified effort in a collaborative manner that balances interests and engages a variety of stakeholders and seeks to efficiently integrate regional resources. The Plan development will identif}, water management strategies for the Region and the priority, projects and programs that demonstrate how these strategies work together to meet goals identified in Section 2. It will also identify regional benefits of linkages between projects and plans that address different primary water -related objectives (for example, identifying regional benefits of linkages between a water supply project and a flood management project in the same watershed). 4. IRN'M PROGRAM PARTICIPANTS 4.1 Program Participant Structure. Elements of the Plan will be developed and implemented by the Program Participants. The RWMG, including the District as the Lead Agency, and the Implementation Affiliates are responsible for Plan development and implementation. 4.2 Plan Development and Implementation. The Region's Plan that was adopted by the District, developed in coordination with and approved by stakeholders in 2005. and updated in 2007, will be the basis for subsequent adopted Plans for the Region. The Working Group will propose changes to the previous versions of the Plan to comply with new State guidelines and incorporate new information and projects. Since a key element of the IRWM Program is integration, the RWMG will work with Program Participants to identify water management strategies for the Region and sub -regions and the priority projects that demonstrate how these ® strategies work together to meet the purpose and goals in Section 2. How each Program IRRM Memorandum of Understanding Page 3 of 8 Participant contributes and participates in Plan development and implementation is described • below: 4.2.1 Lead Agency. The District will act as the lead agency for Plan development, will execute this MOU, and will adopt the Plan in accordance with 4.3 and 4.4 below. The District will ultimately be responsible for the final production of the Region's Plan, hiring consultant(s) to develop the Plan, and presentations to stakeholders, submittal of IRWM grant applications, and execution and administration of grant agreements with the State. As the Lead Agency, the District will execute and administer agreements with RWMG members and Implementation Affiliates responsible for the implementation of projects that are awarded grants, including data collection relevant to grant agreements, project reporting, etc. Efforts described in Section 4.2.1 are subject to the availability of funding. 4.2.2 RWMG. Members will execute this MOU and adopt the Plan in accordance with 4.3 and 4.4 below. RWMG members will designate a representative with clear authority to represent the agency or organization, provide expertise, provide information in a timely manner, participate in meetings, review and approve technical documents as needed, and will provide the District with their designated representative's contact information. This representative will be eligible to participate on the Working Group. All RWMG members, whether or not their representative is participating in the Working Group, hereby agree to provide information sufficient to meet State guidelines for their regional projects and programs to be included in the Plan and participate in the review of the Plan. RWMG members will consider integrating projects and programs with other agencies when possible, especially with disadvantaged communities and Native American tribes, in accordance with State IRWM Guidelines. RWMG members responsible for the implementation of regional projects and programs awarded grant funding will be responsible, through contract with the District, for complying with the provisions of the District's grant agreement with the State. The RWMG will provide updates to the WRAC and seek WRAC support of recommendations at key decision points. 4.2.3 WRAC. The WRAC will provide a forum for public meetings/ workshops related to Plan development and implementation at key decision points. The WRAC will review and comment on the RWMG recommendations to the District's Board of Supervisors at key decision points. 4.2.4 Working Group. Representatives of the Working Group will be designated by the RWMG member and will have clear authority to represent the agency or organization, provide expertise, provide information in a timely manner, participate in meetings, review and approve technical documents as needed, and will provide the District with their designated representative's contact information. The District will provide materials with sufficient lead time for RWMG member and Working Group engagement. The Working Group will develop information, draft documents and recommendations pertaining to the Plan update consistent with current State IRWM Guidelines during Plan development. Efforts are anticipated to include stakeholder outreach, collection and incorporation of updated data, etc. The Working Group will develop information and recommendations for IRWM program planning and implementation, stakeholder outreach, and pursuit of funding opportunities. All RWMG members will participate in the process to select the Region's IRWM projects and programs for grant applications by way of the Working Group, who will conduct project/program solicitations and evaluations, and will make recommendations on grant finding allocations. The Working Group will need to conduct sub -regional public meetings during Plan development and implementation to facilitate stakeholder participation. 4.2.5 Implementation Affiliates. Implementation Affiliates shall adopt the Plan in accordance with Section 4.3. Implementation Affiliates will designate a representative with clear authority to represent the agency or organization, provide expertise, provide information in a timely manner, participate in meetings, review and approve technical documents as needed, and will provide the District with their designated representative's contact information. All IRWM Memorandum of Understanding Page 4 of 8 ® Implementation Affiliates will provide information sufficient to meet State guidelines for their regional projects and programs to be included in the Plan and participate in the review of the Plan and for implementation activities, such as project status updates, project reporting, data collection, etc. Implementation Affiliates will consider integrating projects and programs with neighboring agencies when possible, especially with disadvantaged communities and Native American tribes, in accordance with State IRWM Guidelines. Implementation Affiliates responsible for the implementation of regional projects and programs awarded grant funding will be responsible, through contract with the District, for complying with the provisions of the District's grant agreement with the State. 4.2.6 Interested Stakeholders. Interested Stakeholders may participate in the Plan development and implementation process by way of participation at WRAC and/or RWMG meetings. Interested Stakeholders that are not WRAC members will be notified when an IRWM program item will be reviewed by the WRAC if they request inclusion on the IRWM contact list (Section 5.6). Sub -regional meetings will be required to ensure Interested Stakeholders. including disadvantaged communities, who may not necessarily be able to attend WRAC meetings, can participate in Plan development and implementation. 4.3 IRWM Plan Adoption. Plan approval and adoption will be required of the governing - bodies of RWMG members and Implementation Affiliates. Plan updates to meet new State_ guidelines, add new RWMG Members; add or remove and evaluate regional projects and programs, or other updates to information do not require Plan re -adoption. Significant changes to the Plan, including revised goals and objectives, revised methodologies (such as methodology for evaluating, ranking, and prioritizing projects and programs), revised regional boundaries, or other changes deemed significant by the RWMG and the Lead Agency, will require Plan re -adoption via the decision -making process described in Section 4.5. ® 4.4 Personnel and Financial Resources. It is expected that Program Participants will contribute the resources necessary to fulfill the responsibilities listed within Section 4 of this MOU. Program Participants that receive implementation grant funding, shall contribute a proportionate share of non -project costs associated with the grant agreement, based on awarded implementation funding (for example, contributing toward the cost of updating the Plan, should that be a condition of grant award).. 4.5 Decision flaking. The RWMG shall develop IRWM program materials and will make recommendations to the Lead Agency at key decision points of the IRWM program. Written input will be sought between the representatives of RWMG members in the event the need for a decision arises that cannot be brought forth to the RWMG before a decision needs to be made. The District, by way of its Public Works Department, shall notif}, the RWMG agencies of recommendations being taken to the District's Board of Supervisors for action. The District's Board of Supervisors may approve, alter, or return any said recommendation of the RWMG. Furthermore, if the District's Board of Supervisors intends to alter an item or proposition approved by the RWMG, the District's Board of Supervisors shall set forth in writing its findings, after which the Board will hold a public hearing. The RWMG agencies shall have the right to appear and address the District's Board of Supervisors. 5. MUTUAL UNDERSTANDINGS 5.1 Need for the Region's IRWM Plan 5.1.1 To improve communication and cooperation between public and private agencies and minimize conflict -generated solutions. 5.1? To enhance our existing water management efforts by increasing stakeholder awareness of important issues, providing more opportunities for collaborative efforts and ® improving efficiencies in government and water management. IRWM Memorandum of Understanding Page 5 of 8 5.1.3 To qualify for state grants and other funding opportunities only available to those regions which have developed IRWM plans. 5.2 Subject matter scope of the IRWM Plan. The Plan focuses on water supply, water quality protection and improvement, ecosystem preservation and restoration, groundwater monitoring and management, and flood management as these are the most prevalent water resource issues facing the Region. 5.3 Geographical scope of the IRWM Program. The Region for this memorandum is coterminous with the boundary of San Luis Obispo County. This is an appropriate geographic region for integrated regional water management planning because it encompasses all aspects of water management generally within the same physical, political, environmental, social, and economic boundaries. The Region may engage stakeholders within the three sub -regions in order to better understand the specific water resources needs and priorities of that sub -region, which would then be incorporated into the context of the greater IRWM Region planning and implementation. The Region is bordered by the Greater Monterey County IRWM region to the north, the Santa Barbara County and Watersheds Coalition of Ventura County IRWM regions to the south, and the Kern County IRWM region to the east. Water resources issues that overlap neighboring regional boundaries are either covered by existing cooperative water management plans (i.e. Nacitone Watershed Management Plan), adjudication (i.e. Santa Maria Groundwater Basin), and operational agreements (i.e. Nacimiento Reservoir), or have no defining water resource management issue. All of these items are to be included in the Region's Plan consistent with the plans of neighboring regions. The RWMG will continue to coordinate with neighboring regions to address additional water resources issues and possible integrated water management strategies in our respective IRWM plans. 5.4 Non -binding nature. This document and participation in the IRWM program efforts are nonbinding, and in no way suggest that a RWMG member or Implementation Affiliate may not . continue its own planning and undertake efforts to secure project funding from any source. An agency/ organization may withdraw from participation in accordance with Section 5.7. 5.5 Other on -going regional efforts. Development of the Plan is separate from efforts of other organizations to develop water -related plans on a regional basis. As the Plan is developed, work products can be shared with these separate efforts to provide them with current information. 5.6 Reports and communications. The WRAC, an IRWM contact list, and the District's website will serve as the forum for updates and correspondence relating to the IRWM program and Plan development. 5.7 Termination. Because the Plan will require periodic review and updating for use into the future, it is envisioned that the joint efforts of those involved will be ongoing in maintaining a living document. Thus this MOU will remain as a reflection of the understandings of the RWMG Members. As indicated, parties to this MOU may terminate their involvement at any time, but must provide all RWMG agencies with 30 days' advance notice of intent to terminate. 5.8 Superseded Prior MOU. This MOU supersedes the MOU dated April 21, 2009 (2009 MOU). 5.9 Counterparts. This MOU may be executed in counterparts and has the same force and effect as if all the signatures were obtained in one document. IRWM Memorandum of Understanding Page 6 of 8 2 6. SIGNATORIES TO THE MEMORANDUM OF UNDERSTANDING We, the undersigned representatives of our respective agencies or organizations, acknowledge the above as our understanding of how the San Luis Integrated Regional Water Management Plan will be developed. k2--:� signature Rob Livick, PE/PLS City of Morro Bay October 12.2012 IR WM Memorandum of Understanding printed name agency date Page 7 of 8 a 470, o c 5 / i. F 1 r N m g < 3a c. Y II C... n. 3i r / u(11y s�l�SS4i,1.1 li k'h, >m m ; a . a s s. ✓ S9 wA � I( r ��sy x I[x. n i�� � i u " d liu �i!v1�4" -IiN)r :ycm r"'' a ! t "hp S'I'tll�pp l 4 a� y, V] / 1 'it i,cHVi a� x�l t pf sr`i T.An tl IL NL LC - t t I lit 4 ;id y-Dr ]{l am itais 1 P j�5Ri tY Yo {A{ rity�q���5y�ah -�rm�tT x��I ai"Ktlil a-"'I7 wd rja'� 'o 0 talc r I 'it it 14h o �iiP fi a �. 3 VN I x I t3F iy,3iA�lItIUGyrRIM ry ERROR 7. 4 t '�"�� i no,i4 � � t a E py�jy� O ipy t CI y } IM�:� ffl it laxi y „f .� ��m�Das0''sM. i 7 y ile`-°p s l 0 h tmi �t 4 mi p$Sry'!'`Iijd I n r sJt'u sS�+'ifr ss d t a mI- c p52 I✓iv F p(��[. d o a a I %� o c v�{ 5 N I v( o ,ddu *Y`t r e a m a c m w o r 4asc i'af0 c aa+�t �1fill O B I F r I r f dia4ilkc .j` m' 1� a°' k - "S`* 'NYmi�'S• �E� �" r� I r � idz j�' .+1pa r i 'G. 502;''ait S Item is`("+'K Y l�•i '4 <" �wr. r �.{}01 p1 h 1p h+Y91 r' ..AI'�'f{x.r'ry, u..? ;��c`%6i��fd�w �Fli11E1 BjJ+c I'd lI I�S��SEr "�`MI'3'1"lI' .� LINK,d�� 5 'F h3.w tR i ' I"4Y �jiF h $JIMiy. .v _�q z - au v 1TV ` E �� y k� t�..n � �.,.t� i w -. asTEN ar�uin.u�N,!� .e�.@, '-Se .�+xh, .unt,da �ulSltll !>Grd v,l qlu �. 1I; r Exhibit B Memorandum of Understanding Signatories for San Luis Obispo County Region IRWM Participants Agency or Organization San Luis Obispo County San Luis Obispo County Flood Control and Water Conservation District California Men's Colony Cambria Community Services District Central Coast Salmon Enhancement City of Arroyo Grande City of Grover Beach City of Morro Bay City of Paso Robles City of Pismo Beach City of San Luis Obispo Coastal San Luis Resource Conservation District Heritage Ranch Community Services District Land Conservancy Los Osos Community Services District Morro Bay National Estuary Program Nipomo Community Services District Oceano Community Services District Templeton Community Services District San Miguel Community Services District San Simeon Community Services District S&T Mutual Water Company Upper Salinas - Las Tablas Resource Conservation District RESOLUTION NO. 56-14 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING A SUBLEASE ON LEASE SITE 86/86W, LOCATED AT 801 EMBARCADERO, BETWEEN 801 EMBARCADERO LLC AND PETRINA-DE COCK, INC. dba VIRG'S LANDING AND CENTRAL COAST SPORTFISHING 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 86/86W; and WHEREAS, 801 Embarcadero LLC, owned by Burt Caldwell, is the lessee of Lease Site 86/86W and is a tenant in good standing; and WHEREAS, Lessee has requested approval of a sublease agreement with Petrina-de Cock, Inc. dba Virg's Landing and Central Coast Sportfishing, to operate from Lease Site 86/86W; and WHEREAS, the Lessee has submitted the application form, insurance: business license and sublease agreement between 801 _ Embarcadero LLC and Petrina-de Cock, ® Inc. and paid the Consent to Sublease fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California: Section 1. The sublease agreement between 801 Embarcadero LLC and Petrina-de Cock, Inc. for operation at Lease Site 86/86W is hereby approved. Section 2. The Mayor is hereby authorized to execute the Consent to Sublease document once all of the requirements to sublease are completed. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of August, 2014 on the following vote: AYES: Irons, C. Johnson, N NOES: None ABSTAIN: Lease ABSENT: None ATTEST: Jami oucher. City Clerk Johnson, Smukler �114440- J ie L. Irons. Ma or CONSENT TO SUBLEASE AGREEMENT 1 THIS CONSENT TO SUBLEASE AGREEMENT is entered into this day of AV&VS r' by and between �Ui;TC3M_1y,,tQLS/„16LE N -�P LL.0 hereinafter referre to/ as TENANT, and PE —I E4 0 - t C L L•_ dba, •`• SPoe�FiSH/r,1G �- f S CA Ak'#�ereinafter referred to as SUBTENANT and approved by the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on 1 and; WHEREAS, TENANT desires to sublease a portion of the premises to SUBTENANT, 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 1 1 lot lz _hereinafter known as "Master Lease". In the event TENANT fails tam kkee such payment, SUBTENANT isagrees 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: C (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 I of 3. The term of the sublease attached as Exhibit A shall be I 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. 5. The proposed use by SUBTENANT is as follows: cioPTFsH i KJG -}_�\)HwcEyJ -TCFI ai CT Percentage of Gross Rental Applicable to Permitted Use: Said designated use shall not be changed without the prior written consent of CITY. • SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use 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 is lu 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. TENANT: SUBTENANT: CITY OF MORRO BAY: 'fit W J • 45; t/ JAMIE1L. IRONS, MAYOR �. Page 3 of 3 J 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 11 ® DOCK SPACE SUBLEASE. "� s r a This dock space sublease (hereinafter "sublease") is executed on tL4 by and between 801 Embarcadero, LLC ("Sublessor"), and 4dualLy-aq. h) �i I Cccl� Lac• (�54blessee'�� RECITALS Sublessor leases restaurant and dock space from the City of Morro Bay ("Lessor'), Sublessor desires to Sublessee its dock space; and Lessor shall consent to the sublease by executing the "Consent of Lessor' provision at the end of this sublease. THEREFORE, Sublessor and Sublessee agree as follows: Leasine and Description of Property is hereby Subject to the terms, conditions, and covenants set forth in this sublease, Sublessor hereby leases to Sublessee, and Sublessee"hereby leases from Sublessor, the dock space located at 801 Embarcadero, Morro Bay, California consistine of approximately 36 lineal Feet. (Subleased premises") Y' Term t' LJ � 2-This ublease sh l�ommenc -k tg1iis Ia and shall end C r �_Z�r the date which the Master Lease terminates between Landlord and Sublessor, whichever is earlier. 3. Sublessee shallyay to Sublessor as rent for the subleased premises a rental of (1 �(� S �� , , er month payable in advance one he first day of each calendar JY month during the term, commencing on Rent shall be paid to Sublessor at 801 Embarcadero, Morro Bay, CA 93401, or at any other place designated in writing by Sublessor. The installment rent payable for any portion of a calendar month shall be a pro rata portion of the installment payable for a full calendar month. l-J Assignment 9. Sublessee may not assign this sublease without sublessor and lessor's prior written consent. Termination of Master Lease 11. If sublessor's lease with lessor is terminated, the Sublease shall terminate simultaneously and the Sublessor and Sublessee shall thereafter be released form all obligations under this Sublease, and Sublessor shall refund to Sublessee any unearned rent paid in advance. Miscellaneous 12. (a) If any provision of the Sublease is invalid or unenforceable with respect to any party, the remainder of this Sublease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Sublease shall be valid and enforceable to the fullest extent permitted by law. (b)-This Sublease shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (c) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, confirmed fax, or reliable overnight mail to the address of the respective parties set forth below: Sublessor: 801 Embarcadero�� Morro Bay, CA 93442 Sublessee: lotia,4,t-,y P«t-Sc cents+ Evastspeit-rishing i�� r�' 19: CO c k C. Sublessor and Sublessee may from time to time designate any other address for this - purpose by written notice to the other party. (d) This Sublease shall be governed under the laws of the State of California. (e) The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. (f) Terms and conditions of the Sublease which by their sense and context survive the termination, cancellation or expiration of this Sublease will so survive. (-.).Upon request either party may require that a Memorandum of Lease be recorded. ® Use of Premises q. Sublessee shall use the subleased premises for the operation of its fishing charter business known as Central Coast Sportfishing and for no other purpose. Quiet Enjoyment Sublessor covenants that Sublessee shall be entitled to quiet enjoyment of the premises, provided that Sublessee complies with the terms of this sublease. Condition of Premises 6. Sublessee agrees that Sublessee is taking the subleased premises in an "as is" condition and sublessee's act of taking possession will be an acknowledgment that the subleased premises are in tenantable and good condition. Sublessee will, at Sublessee's own expense, maintain the subleased premises in a thorough state of repair and in good and safe condition. Any improvements, including, but not limited to, the installation of water and electricity shall be at sublessee's own expense and shall be subject to the prior written approval of sublessor and lessor and/or the Morro Bay Harbor District. ® Indemnification . 7. Sublessee shall indemnify and hold sublessor and lessor (the "indemnified parties"), their shareholders, officers, directors, employees and agents and each of them, harmless from and against any and all claims, demands, losses, costs, and expenses of every kind and nature including, but not limited to reasonable attorneys fees incurred by the indemnified parties arising out of the negligent, willful, intentional, or reckless acts or omissions of sublessee or its employees, agents, contractors, or invitees related to its activities, use, or occupancy of the subleased premises, or arising out of sublessee's material breach of this lease. Insurance S. Sublessee shall maintain the following insurance: (1) Commercial general liability with limits of S1,000,000 per occurrence: (2) Worker's compensation as required by law; (3) Employer's liability with limits of S 1,000,000 per occurrence. Sublessee shall name sublessor and lessor as additional insureds with respect to the above ® commercial general liability insurance. (h) This Sublease constitutes the entire Sublease and understanding between the parties, and supersedes all offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Sublease must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have executed this Sublease as of the date first above written. SUBLESSOR By: Name:i,%(��.�r�t Title: j/^� Ir_/ LL �. Date: SUBLESSEE By: \ U11 Name: &AiiTE �C- COCk Title: Date: CONSENT OF LESSOR The City of Morro Bay as Lessor, (Agents) to above Sublease By:_ Name: Title: Date: 11 RESOLUTION NO.55-14 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING THE FORMATION OF SOUTH BAY BOULEVARD UNDERGROUND UTILITY DISTRICT — CITY AREA The City Council City of Morro -Bay, California WHEREAS. conversion of overhead utilities to underground is in the general public interest, because the road is extensively used by the general public and carries a heavy volume of vehicular traffic, and the road passes through a public recreation area or an area of unusual scenic interest.to the general public; and WHEREAS. the County of San Luis Obispo is forming an adjacent Underground Utility District to the south and has offered to contribute their allocations to fund the project as well as administration services to manage it; and WHEREAS. the County of San Luis Obispo and City each approved a Memorandum of Understanding to facilitate the cooperative effort; and WHEREAS, pursuant to California Public Utilities Commission (CPUC) Rule ® 20A, the Department of Public Services has consulted with the affected utility companies regarding the formation of the proposed underground district; and WHEREAS, pursuant to CEQA Guidelines section 15302, this project is exempt from environmental analysis; and WHEREAS, pursuant to Morro Bay Municipal Code (MBMC) sections 13.16.040 and 13.16.050, persons and properties have been duly notified of the public hearing held on August 12. 2014, regarding the proposed Undergrounding District within the City's limits and given the opportunity to be heard; and WHEREAS. the City Council has taken and considered evidence that was presented as part of the public hearing held regarding this matter. . . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, as follows: 1. The City Council hereby finds public interest, health; safety and welfare requires the removal of poles; overhead wires and associated structures and the installation of underground wires and facilities for supplying electric, communication. or similar or associated services Within that certain area of the City of Morro Bay adjacent to South Bay Boulevard from the south side of Chorro Creek Bridge to the City's limits_: ® and 2. The South Bay Boulevard Underground Utility District — City Area (the ® "District') is herewith formed pursuant to MBMC section li.16.060. 3. Attached hereto, marked as Exhibit "A" and herewith incorporated by reference; is a map delineating the boundaries of the District. 4. The City Clerk shall provide notice to affected property owners and utility companies of this action pursuant to MBMC section L3.16.100. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 12"' day of August, 2014 by the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage. Smukler NOES: None ABSTAIN: None J e L. Irons, Mayor ATTEST: A is JamV Boucher, City Clerk O V y C .� O MM311 n O m m O C C '-I z = n ®O - nW N°< Z 3 C C�Z Z N O m 0W; Co a>OOC N G z .�z0 m�� ONE 000 Cl) ®Oyu ;0 n Z_ � N 0 d rsfa it South.BayMlvd -- - - - - — cy m � o o Q� m x 'o cn m 0 o N a m a � S 1 D m 0 0 0 0 0 o T x vvrnrnrnw T m ww--4 --40)00 m 2 `L o o w n -A ai n v v— — 00 O m 0 m -' 0 0 0 0 0 0 D o cofA z W fV A A 0 0 o w N —I A W (W A Z D Cl G N m q O > � O o y 0 m ® RESOLUTION NO. 54-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION DENIAL OF COASTAL DEVELOPMENT PERMIT (CPO-408) FOR THE DEMOLITION OF THE EXISTING RESIDENCE AND CONSTRUCTION OF A NEW TWO STORY SINGLE-FAMILY RESIDENCE AT 1000 RIDGEWAY AVENUE WHEREAS, on June 3, 2014, the Morro Bay Planning Commission held a duly noticed public hearing to consider an appeal filed on December 30, 2013 for Administrative Coastal Development Permit #CPO-408, for the demolition of an existing 1,649 square foot house and construction of a new two-story single-family residence proposed as revised to be a 3,725 square foot home with a 1,142 square -foot garage/,workshop and 317 square feet of upper deck and lower porch located at 1000 Ridgeway (`Project'); and WHEREAS, on June 17, 2014, the Morro Bay Planning Commission adopted Resolution 1 5-14 with findings for denial of Coastal Development Permit #CPO-408; and WHEREAS, on June 25, 2014 an appeal was filed to the City Council on the Planning Commission denial of Coastal Development Permit 4CPO-408 specifically requesting the Council approve Coastal Development Permit 4CP0408 as revised and overturn the Planning ® Commission decision ("Appeal"); and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS. the City Council has duly considered all evidence, whether written or oral, including without limitation, the testimony of the appellant, the applicant, interested parties; written petitions, consultants, City staff and all written and oral evaluations and recommendations by staff, presented at Planning Commission hearings and the City Council hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: Section 1: Findings. Based upon all the evidence, the Council makes the following findings: California Environmental Quality Act (CEOA) 1. Pursuant to the California Environmental Quality Act Guidelines Section 15270, CEQA does not apply to projects that are disapproved or denied by the approval body. Coastal Development Permit Findings for Denial 1. The Project, as proposed, is not in conformance with the General Plan and Local Coastal ® Program because it is not consistent with the Zoning Ordinance Section 17.48.190 which implements the General Plan and is part of the Local Coastal Program. Specifically, Iof2 a. The Project, as proposed; is not visually compatible with the character of the surrounding neighborhood in terms of bulk, size, and scale. 2. The Project, as proposed, is not consistent with the Land Use Element Policy LU-15 which states. "The present human scale and leisurely, low -intensity appearance of Morro Bay should be maintained through careful regulation of building height, location and mass.- V Section 2. Action. The City Council does hereby deny the Appeal and approves the Planning Commission's decision to deny Coastal Development Permit #CPO-408. PASSED AND ADOPTED by the Citv Council of the City of Morro Bay at a regular meeting thereof held on this 12`h day of August, 2014 on the following vote: AYES: Irons. C. Johnson. Smukler NOES: N. Johnson, Leage ABSENT: None ABSTAIN: None a ATTEST — A;;X,,� JA IE BOUCHER, City Clerk 11 2of2 J i IE L. IRONS. MAYOR Lill El El RESOLUTION NO. 53-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA MODIFYING THE MAKE UP OF THE WATER RECLAMATION FACILITY CITIZEN'S ADVISORY CODIMITTEE (WRFCAC) The City Council City of Morro Bay, California WHEREAS; it has been determined to be in the interest of the public to form a citizens advisory committee for the new Water Reclamation Facility: and WHEREAS; on May 27, 2014, the City Council adopted Resolution 34-14 forming that advisory committee (now referred to as "WRFCAC") to be composed of one member from the Public Works Advisory Board and one member from the Planning Commission as appointed by those bodies and five members and two alternates to be selected from the community at -large: and WHEREAS on July 7 and 8. 2014, the City Council conducted interviews of 16 applicants to fill vacancies on the newly formed WRFCAC and appointed five members and two alternates to that committee: and WHEREAS, at the meeting of July 8, 2014, the City Council expressed its desire to eliminate WRFCAC alternates and appoint seven full members. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, as follows: 1. WRFCAC is to be composed of one sitting member from the Public Works Advisory Board and one sitting member from the Planning Commission, as appointed by those bodies, and seven members selected from the community at - large to be appointed by City Council. 2. The initial City Council appointments to WRFCAC are: • Planning Commissioner: • Public Works Advisory Board Member: • At large member: • At large member: • At large member: • At large member: • At large member: • At large member: • At large member: Richard Sadowski Steven Shively Barbara Spagnola Bill Woodson Dale Guerra John Diodati Mary (Ginny) Garelick Paul Donnelly Valerie Levulett I Changes in the above appointments to NVRFCAC can be ratified or approved by ® motion of the City Council without the need for adoption of a new resolution. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 12a' day of August, 2014 by the following vote: y AYES: Irons, C. Johnson, N. Johnson. Leage. Smukler NOES: None ABSTAIN: None ATTEST: Q�7� Jami oucher. City Clerk E J e L. Irons. Mayor Page 2 of 2 RESOLUTION 52-14 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE MORRO BAY GENERAL MUNICIPAL ELECTION DATE MEASURE The City Council Cite of Morro Bay, California WHEREAS, an election shall be held in the City of Morro Bay, California, on November 4. 2014, at which there will be submitted to the voters a ballot measure to consider the question of whether to continue with having the City's general municipal election on the date of the statewide direct primary election; subject to a runoff election the following November. or whether to have the City's general municipal election on the date of the statewide general election with successful candidates receiving the most votes of the ballots cast for each office: and WHEREAS, whenever a municipal ballot measure is authorized; State law provides that the City Council may direct the City Attorney to prepare an impartial analysis and provide for the filing of written arguments for and against a measure and for rebuttal arguments to be filed with the City elections official. ® NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES RESOLVE, DECLARE, AND ORDER AS FOLLOWS: Section 1. The City Council directs the City Attorney to prepare an impartial analysis of the Measure which would amend the Morro Bay Municipal Code with respect to having the City's general municipal election on the date of the statewide general election with successful candidates receiving the most votes of the ballots cast for each office The impartial analysis shall be filed within fifteen (1 5) days of the adoption of this Resolution or by the date set by the City Clerk for the filing of primary arguments; whichever is later. Section 2. The City Council authorizes Mayor Jamie Irons (Council Member In Favor) Councilmember Christine Johnson (Council Member In Favor) Councilmember Nancy Johnson (Council Member Against) Councilmember George Leage (Council Member Against) as members of that body; to file a written argument In Favor of or Against the City measure not exceeding 300 words regarding the City measure, as specified above; accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3. Division 9. of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or ® against the City measure may be submitted to the City Clerk.) 01181/0001/170928.04 Section 3. The arguments shall be filed with the City Clerk, signed; with the printed name(s) and signature(s) of the author(s) submitting it; or if submitted on behalf of an organization; the name of the organization; and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by ® the Form of Statement To Be Filed By Author(s) of Argument. Section 4. The City Clerk shall make the selection of argmuents in accordance with the Elections Code and local procedure. When the City Clerk has selected the arguments for and against the Measure which will be printed and distributed to the voters; the City Clerk shall send a copy of an argument in favor of the Measure to the authors of any argument against the measure and a copy an argument against the measure to the authors of any argument in favor of the measure. y Section 5. The author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit; or sign the rebuttal argument. A rebuttal argument may not be signed by more than five persons. The rebuttal arguments shall be filed with the city clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. Any rebuttal argument must be filed within 10 days after the final date for filing direct arguments. Section 6. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. ® Section 7. The City Clerk shall cause the City Attorney's Impartial Analysis, and duly selected arguments and rebuttals, to be printed and distributed to voters in accordance with State law regarding same. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 8`h day of July 2014 by the following vote: AYES: Irons, C. Johnson, N NOES: None ABSTAIN: None ABSENT: None ATTESTED: ® Ja '�Boucher. tytv Clerk Johnson, Leage, Smukler .2M _ 'ma 1 if 01181/0001/170928.03 2 r �. u l City ®f Morro Bay Morro Bay, CA 93442 (805)772-6205 CERTIFICATION I, Jamie Boucher, City Clerk for the City of Morro Bay, hereby certifies that the attached Resolution 52-14, adopted by the Morro Bay City Council at its regular meeting held on July 8, 2014 is a true and correct copy of the original document. DATED: July 9, 2014 Jany4 Boucher, City Clerk ® RESOLUTION 51-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, FOR THE SUBMISSION TO THE VOTERS OF THE CITY A PROPOSED MEASURE CHANGING THE TIME OF THE CITY'S GENERAL MUNICIPAL ELECTION AND IN ACCORDANCE THEREWITH REQUESTING THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE THE CITY'S SPECIAL ELECTION WITH THE SPECIAL AND GENERAL MUNICIPAL ELECTIONS HELD WITHIN SAN LUIS OBISPO COUNTY ON THAT DATE The Cite Council City of Morro Bay, California WHEREAS, on November 7. 2006 the voters of the City of Morro Bay approved Ordinance No. 528 that amended the Morro Bay Municipal Code to establish the City of Morro Bay's general municipal election be held at the time of the statewide direct primary election; and WHEREAS, when the City's general municipal election is held at the time of the statewide direct primary election, only those candidates who receive votes on a simple majority of the ballots cast for each office are elected at that time and with regard to those seats for which a candidate receives only a plurality of votes, a runoff election is held on the date of the isstatewide general election, with only two candidates for each seat that remains available allowed to proceed to the runoff election; and WHEREAS, if the City's general municipal election is held on the date of the statewide general election; then the candidates receiving the most votes of the ballots cast for each office are elected at that time even if the candidates do not receive a simple majority of the ballots cast; and WHEREAS, the City Council wishes to submit to the voters the question of whether to continue with having the City's general municipal election on the date of the statewide direct primary election, subject to a runoff election the following November, or whether to have the City's general municipal election on the date of the statewide general election with successful candidates receiving the most votes of the ballots cast for each office; and WHEREAS, the City Council wishes to have the voters consider this measure at the next statewide general election to be held on November 4, 2014. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to the requirements of the California Elections Code, Sections 306, 9222 and 1301, there is called and ordered to be held in the City of Morro Bay, California, ® on Tuesday, November 4, 2014, a Special Municipal Election for the purpose of submitting to the voters of the City of Morro Bay the measure. Pursuant to Elections Code Section 9222, it is Page 1 of') the intent of the City Council the measure be submitted to the voters of Morro Bay at the ® aforementioned Special Election. The full text of the measure is attached hereto and marked as Exhibit A. The San Luis Obispo County Registrar of Voters is requested to print the Full Text of Measure contained on Exhibit A in the sample ballot pamphlet. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is specific below in Section 2. The City Clerk is hereby authorized and directed to make any changes to the text of the proposition or this resolution as required to conform to any requirements of the San Luis Obispo County Registrar of Voters. Section 2. The City Council hereby orders the following measure be submitted to the voters at the aforementioned Special Election: Shall the Morro Bay Municipal Code be amended to change the time and method of electing the Mayor and City Council YES Members to allow for a single election in November on the date of the statewide general election with the candidates receiving the highest number votes of the ballots cast being NO elected to the openpositions? Section 3. The ballots to be used at the election shall be in form and content as required by law. Section 4. The City Clerk is authorized, instructed and directed to procure and ® furnish any and all official ballots, notices, printed matter and all supplies; equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 5. Pursuant to Sections 10402 and 10403 of the Elections Code, the San Luis Obispo Board of Supervisors is hereby requested to consent and agree to the consolidation of the Special Election with the election conducted by San Luis Obispo County to be held on Tuesday, November 4, 2014. 40 Section 6. The San Luis Obispo Election Department is authorized to canvass the returns of the Special Election. The election shall be held in all respects as if there were only one election. Section 7. The San Luis Obispo Board of Supervisors is requested to issue instructions to the San Luis Obispo Election Department to take any and all necessary steps for the holdine of this consolidated election. Section 8. The City of Morro Bay recognizes additional costs will be incurred by San Luis Obispo County by reason of this consolidation and agrees to reimburse San Luis Obispo County for those costs. Section 9. The City Clerk is directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors, the San Luis Obispo County Election Department and enter this resolution into the book of Original resolutions. Page 2 of') Section 10. The City Council authorizes the City Clerk to administer the election; including but not limited to; contracting with the County of San Luis Obispo, and otherwise take all reasonable necessary steps to ensure the proper handling and conduct of the Special Election authorized by this Resolution; and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. Section 11. This Resolution shall be effective immediately upon passage and adoption. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 8 h day of July, 2014 by the following vote: AYES: Irons, C. Johnson, Smukler NOES: N. Johnson; Leage ABSTAIN: None ABSENT: None ATTESTED:QQ� ® Jake Boucher. City Clerk 1 Ve L. Irons, Maydr Paee 3 of 3 "exhibit A" ORDINANCE NO. 588 AN ORDINANCE BY THE PEOPLE OF THE CITY OF MORRO BAY, CALIFORNIA REGARDING CITY MEASURE APPROVED BY THE VOTERS, AMENDING SECTION 2.09.010 OF THE MORRO BAN' MUNICIPAL CODE IN ITS ENTIRETY, REGARDING TIME OF GENERAL MUNICIPAL ELECTION THE CITY COUNCIL Citv of Morro Bay, California THE PEOPLE OF THE CITY OF MORRO BAN' DO ORDAIN AS FOLLOWS: SECTION 1: Section 2.09.010 of the Morro Bay Municipal Code is amended, in its entirety, to read as follows: Section 2.09.010: Time of General Municipal Election. Pursuant to the authority granted by the state; the city shall hold its general municipal election on the same day as the statewide general election. That day is the first Tuesday after the first Monday of November in each even -numbered year. CERTIFICATION 1. Jamie Boucher; City Clerk of the City of Morro Bay, do hereby certify the foregoing is a true and correct copy of an ordinance adopted by a majority vote of the electors voting in the general municipal election held in the City of Morro Bay on the 4th day of November, 2014. Dated: El Jamie Boucher. City Clerk Citv of Morro Bay. California E 111 LI City of Morro Bay Morro Bay, CA 93442 . (805)772-6205 CERTIFICATION I, Jamie Boucher, City Clerk for the City of Morro Bay, hereby certifies that the attached Resolution 51-14, adopted by the Morro Bay City Council at its regular meeting held on July 8, 2014 is a true and correct copy of the original document. DATED: July 9, 2014 JaT4 Boucher, City Clerk RESOLUTION NO. 50-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING THE ANNUAL PROPOSITION 4 APPROPRIATIONS LIMIT FOR FISCAL YEAR 2014/15 THE CITY COUNCIL City of Morro Bay, California WHEREAS. Article XIIB of the California Constitution restricts the appropriation of tax proceeds the City receives in any given fiscal year, and WHEREAS; the City has calculated the 2014/15 appropriations limit in accordance with the provisions of Article XIIIB of the California Constitution; and WHEREAS, Proposition III 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 2014/15 appropriations limit at S22,364.6li. PASSED AND ADOPTED, by the City Council of the City of Morro Bay; at a regular meeting thereof held on the 8`s day of July 2014: by the following vote: AYES: Irons. C. Johnson, N. Johnson; Leage, Smukler NOES: None ABSENT: None yam. JANr L. IRONS, Mayor ATTEST: JAMIE BOUCHER, City Clerk s_ . .... ......8.� E xS s E u . .... ......$. € U8.... ...... Yy`e .. ... ...... c e. .............. . G .... ......• . .. ....... . O < EC .A L.S. ® e25R 3` Lp5 S € •+ a �m 5 a o g ` N x2 a PN� 3�5��jy�8 Ly�`S � ass F s x �q 9 e9� its EN z w 2 U Q H E IJ 11 CITY OF MORRO BAY APPROPRIATION LIMIT DOCUMENTATION FISCAL YEAR 2014/15 PROCEEDS OF TAXES CALCULATION IS) PROCEEDS TOTAL PROCEEDS OTHERTHAN ESTIMATED ' OF TAXES TAXES REVENUE PROPERTY TAXES $ 3,850,321 $ $ 3,850,321 OTHERTAXES 5,135,000 480,000 5,615,000 PERMITS - 365,856 365,856 REVENUE FROM AGENCIES STATE 735,018 735,018 STATE/COUNIYGRANTS - 77,261 77,261 FEDERAL GRANTS - 5,000 5,000 USE OF MONEY & PROPERTY INTEREST 31,186 48,712 79,898 RENT 312,400 312,400 FINES & FORFIETURES 48,900 48,900 CHARGES FOR SERVICES 13,772,424 13,772,424 OTHER REVENUES 120,931 120,931 $ 9,751,525 $ 15,231,484 $ 24,983,009 APPROPRIATION LIMIT CALCULATION [21 (3) CALIFORNIA POPULATION YEAR PCPI CHANGE CHANGE LIMIT 1978-79 BASE YEAR $ 3,046,393 1979-80 10.17% 1.38% 3,1102,527 1990-81 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 1981-85 1.74% 1.75% 5,048,185 1955-86 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% 3.9201. 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'/0 1.86% 8,691,654 1994-95 0.71% 1.40% 8,875,912 1995-96 4.72% 1.600/a 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% 1.320k 15,156,198 2004-05 3.28% 1.15% 15,833,334 2005-06 5.26% 1.19% 16,864,995 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 2012-13 3.77% 0.47°n' 21,194,860 2013-14 5.12% 0.52% 22,395,914 2014-15 -0.23% 0.09% 22,364,513 PROCEEDS OF TAXES 9,751,525 PROCEEDS OF TAXES UNDER APPROPRIATION LIMIT $ 12,612,988 [1) Per City or Morro Bay 2014/15 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). MB =-0.51%; SLO County = .09% ATTACHMENT B ENT pp w X �DEPARTMENT OF FINANCE OFFICE OF THE DIRECTOR May 2014 Dear Fiscal Officer: Subject: Price and Population Information EDMUND G. BROWN JR. GOVERNOR R ROOM 1 145 O BACRAMCNTO CAR 95M 14-4908 C WWW.ovP....90V Appropriations Limit The California Revenue and Taxation Code, section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2014, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2014-15. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2014-15 appropriations limit. Attachment B provides city and unincorporated county population percentage change. Attachment C provides population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations. Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code section 2228 for further information regarding the appropriations limit. Article XIII isB, section 9(C), of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. The Code and the California Constitution can be accessed at the following website: http://Ieginfo.legislature.ca.goWfacestcodes.xhtmi. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this issue should be referred to their respective county for clarification, or to their legal representation, or to the law itself. No state agency reviews the local appropriations limits. Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2014. Please Note: Prior year's city population estimates may be revised. If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086. MICHAEL COHEN Director By: ATTACHMENT C KEELY M. BOSLER Chief Deputy Director Attachment May 2014 Attachment A 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 fiscal year 2014-15 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2014-15 -0.23 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2014-15 appropriation limit. 2014-15: Per Capita Cost of Living Change = -0.23 percent Population Change = 0.95 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2014-15: 11 -0.23 + 100 = 0.9977 100 0.95 + 100 = 1.0095 100 0.9977 x 1.0095 = 1.0072 Fiscal Year 2014-15 El Attachment 8 Annual Percent Change in Population Minus Exclusions' January 1, 2013 to January 1, 2014 and Total Population, January 1, 2014 Total County Percent Change - Population Minus Exclusions - Population City 2013-2014 1.1-13 1-1-14 1-1-2014 San Luis Obispo Arroyo Grande -0.47 17,415 17,334 17,334 Alascadero 0.33 27.595 27,685 28,675 El Paso De Robles -0.24 30,541 30,469 30,469 Grover Beach -0.55 13,226 13,153 13,153 Morro Bay .0.51 10,329 10,276 10,276 Pismo Beach -0.27 7,726 7,705 7.705 San Luis Obispo -0.26 45,593 45,473 45.473 Unincorporated 0.51 113,806 114,381 119.272 County Total 0.09 266.231 266,476 272,357 ATTACHMENT D ® -Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. RESOLUTION NO. 49-14 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT 0 TO LEASE AGREEMENT FOR LEASE SITE 93-95/93NV-95W BETWEEN THE CITY OF MORRO BAY AND THE HELD FAMILY TRUST AND THE SMITH W AND HANNAH W HELD FAMILY TRUST, LOCATED AT 901-915 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. Smith W Held and Hannah W Held are the lessees of Lease Site 93- 95/93W-95W and are tenants in good standing; and WHEREAS, the Helds have redevelopment commitments and deadlines pursuant to the lease of the property; and WHEREAS; the Helds have encountered permitting difficulties outside of their control and through no fault of their own. and desire to extend the lease site redevelopment deadlines in their lease by one year. is NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California, as follows: Section 1. The attached Amendment 91 to the Lease Agreement for Lease Site 93-95/93W-95W is hereby approved. Section 2. The Mayor is hereby authorized to execute the Amendment to the Lease Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of July, 2014 on the following vote: AYES: Irons, C. Johnson, N. Johnson, Lease; Smukler NOES: None ABSENT: None Jame L. Irons_. Mayor ATTEST: ® JanVe Boucher, Clerk E AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 93-93/93W-95W, LOCATED AT 901-915 EMBARCADERO This Amendment #1 (`this Amendment") is made and entered into as of this 81 day of July, 2014, to the Lease Agreement for Lease Site 93-95/93W-95W dated July 1, 2013, (the "Master Lease") by and among the City of Morro Bay, a municipal corporation of the State of California, hereinafter called "City," and The Held Family Trust and the Smith W & Hannah W Held Family Trust, hereinafter called `Tenant," per Resolution No. 49-14 on July 8, 2014. WHEREAS, the Master Lease stipulates certain Lease Site redevelopment deadlines per Section 13.02; and, WHEREAS, Tenant has experienced unforeseen permitting delays for said redevelopment at no fault or doing of their own. NOW THEREFORE, Tenant and City agree, as follows: 1. Section 13.02 of the Master Lease shall be amended as follows: a. The date stipulated in Section 13.02(A) shall be changed to July 1, 2015. b. The date stipulated in Section 13.02(B) shall be changed to November 1, 2015. c. The date stipulated in Section 13.02(C) shall be changed to November 1, 2016. d. The date stipulated in Section 13.02(D) shall be changed to November 1, 2017; and e. The date stipulated in Section 13.02(E) shall be changed to May 31, 2018. 2. Except as expressly stated herein, all provisions of the Master Lease shall remain in full force and effect. 3. The effective date of this Amendment is the date first written above. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date written above. CITY OF MORRO BAY AS TO FORM: Pannone, Interim City Attorney itmie Boucher, City Clerk TENANT The Held Family Trust Smith W Held & Hannah W Held Family Trust Smi W. Held, Trustee Hannah W. Held, Trustee ® RESOLUTION NO. 48-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 3rd DAY OF JUNE, 2014; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS. Measure "S" was passed in November 2007 and codified as Ordinance 528, amending Morro Bay Municipal Code Section 2.09.010 to have the General Municipal Election held at the time of the Statewide Priman, Election with a runoff election; if necessary, to follow in the November election. Municipal general elections held at the time of the statewide primary provide that a candidate is elected at that time only if he or she receives votes on a majority of the ballots cast for candidates for each office; and WHEREAS, a regular General Municipal Election was held and conducted in the ® City of Morro Bay. County of San Luis Obispo. State of California; on Tuesday; June 3, 2014 as required by law; and WHEREAS, notice of said election was duly and regularly given in time: for and manner as provided by law; voting precincts were properly established; an election was held and conducted and the votes cast, received and canvassed and the returns made and declared in time; form; and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities: and WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the General Municipal Election consolidated with the Statewide Primary Election held on June 3, 2014 and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay. California. as follows: 1. There were seven voting precincts established for the purpose of holding said ® election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. Said General Municipal Election was held for the purpose of electing the following officers of said City as required by the laws relating to the cities in the State of California. to wit: • A Mayor of said City for the full term of two years; • Two members of the City Council of said City for the full terms of four years. I The names of the persons voted for at said election for the Mayor are as follows: Carla Wixom Jamie Irons 4. The names of the persons voted for at said election for Council Member are as follows: John Headding Matt Makowetski Nancy Johnson ® 5. The City Council does declare and determine: JAMIE IRONS received votes on a majority of the ballots cast and was elected as Mayor of said City for the full term of two years. JOHN HEADDING received votes on a majority of the ballots cast and was elected as Council Member of said City for a full term of four years. MATT NIAKOWETSKI received votes on a majority of the ballots cast and was elected as Council Member of said City for a full term of four years. 6. At said election; the names of the persons voted for and the numbers of votes given each person are as set forth in the attached certification. 7. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by vote -by -mail voters of the City was and is set forth in the attached certification. 8. The City Clerk shall make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City ® Clerk shall also cause to be administered to each person elected. the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. ® Whereupon, each and all of said persons so elected should be inducted into the respective office to which they have been elected on December 9. 2014. 9. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City: and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was passed and adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 8 h day of July 2014 on the following vote: AYES: Irons, C. Johnson, N. Johnson; Leage, Smukler NOES: None ABSENT: None ATTEST: J IE BOUCHER, City Clerk 11 I -ILO / dA9t11<1 JA IE L. IRONS. M yor RECEIVED City of 67orro Bay ® CERTIFICATE OF THE COUNTY CLERK 102 3 20A RESULTS OF CANVASS OF ALL VOTES CAST JUNE 3, 2014 PRIMARY ELECTION Administration CITY OF MORRO BAY I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on June 3, 2014, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the office of Mayor and Member of the City Council and that the totals shown for each candidate for the office of Mayor and Member of the City Council in said city and in each of the respective precincts therein, are full, true and correct. ® WITNESS, my hand and Official Seal this 18th day of June, 2014. `� 7 JULl ODEW�:>&Vd ALD, County Clerk -Recorder E ® Statement of Votes Cast Dale:06/18/1 CONSOLIDATED PRIMARY ELECTION Time: Pagel of e:I of SOVC For CITY OF MORRO BAY, All Counters, Morro Bay FINAL OFFICIAL ELECTION RESULTS TURN OU'I CON 208.18 Palling 944 174 I Vote by Mail 944 402 4 Total 944 576 6 CON 209.18 " Polling 898 169 1 Votc by Mail 898 324 3 Total 898 493 5 CON 210.19 Polling 884 156 1 Vote by Mail 884 368 4 Total 884 524 5 CON 211-19 Polling 701 96 1 Vote b • Mail 701 303 4 ® Total 701 399 5 CON 212-20 Polling 1388 259 1 CON 2I3-20 Polling Vote by Mail 782 782 148 298 18.93° 38.1 IY Tom] 782 446 57.03% CON 214-20 Polling 1209 252 20.84 Vote b • Mal 1209 530 43.84% Total 1209 782 64.69% Total Polling 6806 1253 18.41% CONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling 6806 1253 18.410A Vole by Mail 6906 2699 39.663' Total 6806 3952 59.079, Total Polling 6806 1253 18.41% SENATE 17TH SENATORIAL DISTRICT 6806 1253 Total Polling 6806 1253 Vote by Mail 6806 2699 40 Total 6306 3952 Statement of Votes Cast Date:06/18/14 CONSOLIDATED PRIMARY ELECTION Time:15:off Page:2 of 6 SOVC For CITY OF MORRO BAY, All Counters, Morro Bay FINAL OFFICIAL ELECTION RESULTS ASSEMBLY 35TH ASSEMBLY DISTRICT 6806 1253 18A Total Polling 6806 1253 Vote by Mail 6806 2699 Total 6806 3952 BOARD OI' EQUALIZATION STATE BOARD OF EQUALIZATION DIST 2 Polline 6806 1253 Total — Polling 6806 1253 Vote by Mail 6806 2699 Tom] 1 6806 3952 SUPERVISORICOMMISSIONER 2ND SUPERVISORIAL DISTRICT Total 6806 1253 6806 1253 cmES CITY OF MORRO BAY Polling 1 6806 1253 1 Total Polling 6806 1253 18.4 M Statement of Votes Cast Dale:06/18/14 Time: :29 CONSOLIDATED PRIMARY ELECTION e:3 Pag[6 of6 SOVC For CITY OF MORRO BAY, All Counters, Morro Bay FINAL OFFICIAL ELECTION RESULTS CITY OF MORRO HAY MAYOR Vote for One C 0 E � F > > x z Y Y o 3 > > >° m D a 0 o o E q < < Jurisdiction Ride CON 203.18 Polling 944 174 172 2 0 0 73 99 Vote b • Mail 944 402 393 9 0 0 159 233 1 Total 944 576 565 II 0 0 232 332 1 CON 209- 18 Polling 898 169 166 3 0 0 69 96 I Vote by Mail 898 324 318 6 0 0 136 180 Total 898 493 494 9 0 0 205 276 3 CON 210-19 Polling 884 156 152 4 0 0 58 94 Vote by Mail 884 368 359 9 0 0 157 201 1 Total 884 524 511 13 0 0 215 295 1 CON 211-19 Polling 701 96 95 1 0 0 48 47 Vote by Mail 701 303 296 7 0 0 143 151 Total 701 399 391 8 0 0 191 198 CON 212-20 Polling 1388 258 253 5 0 0 98 154 1 Vote b' Mail 1388 474 460 14 0 0 232 224 4 Total 1388 732 713 19 0 0 330 378 CON 213.20 Polling 782 148 147 1 0 0 49 98 Vote b y Mal 782 299 294 4 0 0 125 169 Total 782 446 441 5 0 0 174 267 CON 214-20 Polling 1209 252 250 2 0 0 108 141 1 Vole b Mail 1209 530 517 13 0 0 211 302 Total 1209 782 767 15 0 0 319 443 5 Total Polling 6806 1253 1235 19 0 0 503 729 Vote by Mail 6806 2699 2637 62 0 0 1163 1460 14 Total 6S06 3952 3872 8o 0 0 1666 2189 I CONGRESSIONAL 24TH CONGRESSIONAL DISTRICT' Polling 6806 1253 1235 18 0 0 503 729 3 Vote b • Mail 6806 2699 2637 62 0 0 1163 1460 14 Total 6806 3952 3872 80 0 0 1666 2189 17. Total Polling 6806 1253 1235 18 0 0 503 729 3 Vote by Mall 6906 2699 2 62 0 0 116 1460 14 Total 6806 3952 3872 80 0 0 1666 2199 1 SENATE I7TH SENATORIAL DISTRICT Polling 6806 1253 1235 18 0 0 503 729 3 Vote b•Mail 6806 2699 2637 62 0 0 1163 1460 I4 Total 6806 3952 3872 80 0 0 1666 2189 I Total Polling 6806 1253 1235 18 0 0 503 729 3 Vote by Mail 6806 2699 2637 62 0 0 1163 1460 14 T,,.] 6906 3952 3872 80 0 0 1666 2189 1 Statement of Votes Cast Date:06/18/14 Timeage:4 : CONSOLIDATED PRIMARY ELECTION of6 Pag6 SOVC For CITY OF MORRO BAY, All Counters, Morro Bay FINAL OFFICIAL ELECTION RESULTS CITY OF MORRO BAY MAYOR Vote fat One 0 o > > x z 2 `0 3 > > O > m O u- 5 n Z G ASSEMBLY 35TH ASSEMBLY DISTRICT Polling 6806 1253 1235 IS 0 0 503 729 3 Vote by Mail 6906 2699 2637 62 0 0 1163 1460 14 Total 6806 3952 3872 80 0 0 1666 2189 1 Total Polling 6806 1253 1235 18 0 0 503 729 3 Vote by Mail 6906 2699 2637 62 0 0 1163 1460 14 Total 6S06 3952 3872 s0 0 0 1666 2189 1 BOARD OF EQUALIZATION STATE BOARD OF EQUALIZATION DIST 2 Polling 6806 1253 1235 Is 0 0 503 729 3 Vote by Mail 6906 2699 2637 62 0 0 1163 1460 14 Total 6906 3952 3872 80 0 0 1666 2189 It Total Polling 6806 1253 1235 18 0 0 503 729 Vote by Mail 6806 2699 2637 62 0 0 1163 1460 14 Total 6806 3952 3872 80 0 0 1666 2189 17 S UPERV ISORICOMM IS S ION F.R 2ND SUPERVISORIAL DISTRICT Polling 6806 1253 1235 18 0 0 503 729 3 Vote b • Mail 6806 2699 2637 62 0 0 1163 1460 14 Total 6806 3952 3872 80 0 0 1666 2189 I Total Polling 6806 1253 1233 18 0 0 503 729 Vote by Mail 6806 2699 2637 62 0 0 1167 1460 14 Total 6s06 3952 3872 80 0 0 1666 2189 1 CITIES CITY OF MORRO BAY Polling 6806 1253 1235 18 0 0 503 729 3 Vote by Mal 6906 2699 2637 62 0 0 1163 1460 14 Total 6806 3952 3s72 80 0 0 1666 2189 1 Total I Polling 6806 1253 1233 18 0 0 503 729 3 Vote by Mail 6806 2699 2637 62 0 0 1163 1460 1' T,a,1 6806 3952 3872 80 0 0 1666 2189 171 E ® Pag Statement of Votes Cast Date:06/18/1 CONSOLIDATED PRIMARY ELECTION Time: e:06:3 e:S of SOVC For CITY OF MORRO BAY, All Counters, Morro Bay FINAL OFFICIAL ELECTION RESULTS CI3"Y OF MORRO BAY COUNCILMEMDER Vote for no more than rwo all E Jurisdiction Wide CON 208-18 Polling Vote by Nail Total CON 209-18 Polling Vole by Nail Total CON 210.19 Polling Vac by Mail Total CON 211-19 Polling Vote by Mail Total CON 212-20 Polling Vote by Nail "rota] CON 213-20 Polling Vote by Matl Total CON 214-20 Polling Vote by Mail Total Total Polling Vote by Mail Total CONGRESSIONAL 24TH CONGRESSIONAL DISTRICT Polling Total SENATE 17TH SENATORIAL DISTRICT Polling -fatal 944 174 253 3 0 89 112 79 61 944 402 588 9 0 198 262 213 112 944 576 841 12 0 287 374 292 173 898 169 240 7 0 84 110 69 56 898 324 483 11 2 139 211 149 122 898 493 723 IS 2 223 321 218 178 8S4 156 218 4 0 86 107 65 45 884 369 544 12 0 169 240 172 123 884 524 762 16 0 254 347 237 169 1 701 96 143 0 0 49 60 48 34 701 303 459 12 0 123 164 168 123 701 399 602 12 0 172 224 216 157 1388 253 370 7 0 132 154 119 93 1388 474 710 20 0 198 247 242 212 1388 732 1080 27 0 330 401 361 305 1 782 148 222 3 0 68 104 71 47 782 298 446 13 0 124 166 165 112 782 446 668 16 0 192 270 236 159 1209 252 361 5 0 133 147 113 98 1209 530 775 17 0 251 291 267 211 1209 782 1136 22 0 384 438 380 309 6806 1253 1907 29 0 641 794 564 434 6806 1253 1801 29 6806 2699 4005 94 6806 3952 5812 123 6906 1253 1907 29 6806 1253 1807 29 6806 2699 4005 94 6806 3952 5812 123 6806 1253 1907 29 6906 2699 4005 94 6806 3952 5812 123 0 641 794 564 434 2 1201 1581 1376 1015 2 1942 2375 1940 1449 0 641 794 564 434 0 641 794 561 434 2 1201 1581 1376 1015 2 1942 2375 1940 1449 0 641 794 564 434 2 1201 1581 - 1376 1015 2 1842 2375 1940 1449 0 Ll Statement of Votes Cast Date:06/18/14 Time: : CONSOLIDATED PRIMARY ELECTION Page:6 of6 of 6 SOVC For CITY OF MORRO BAY, All Counters, Morro Bay FINAL OFFICIAL ELECTION RESULTS CB`Y OF MORRO DAY COUNCILMEMBER Vote for no more than Taav > z 3 o > V > °o O j to > > o > m 8 k Z 3 o ; ote n' o '9 3 ASSEMBLY 35TH ASSEMBLY DISTRICT Polling 6806 1253 1807 29 0 641 794 564 434 1 5I Vote h • Mail 6806 2699 4005 94 2 1201 1581 1376 1015 33 Total 6806 3952 5812 123 2 1842 2375 1940 1449 43 Total Polling 6806 1253 1807 29 0 641 794 564 434 15 Vote by Mail 6806 2699 4005 94 2 1201 1591 1376 1015 33 Total 6806 3952 5812 123 2 1942 2375 1940 1449 4 BOARD OF EQUALIZATION STATE BOARD OF EQUALIZATION DISr 2 Polling 6806 1253 1807 29 0 641 794 564 434 1 Vale by Mail 6806 2699 4005 94 2 1201 1581 1376 1015 33 Total 6806 3952 5812 123 2 1842 2375 1940 1449 4 Total Palling 6906 1253 1807 29 0 641 794 564 434 1 Vote by Mail 6806 2699 4005 94 2 1201 1581 1376 1015 33 Total 6806 3952 5812 123 2 1842 2375 1940 1449 4 S UPERV ISORICOMMISSIONER 2ND SUPERVISORIAL DISTRICT Palling 6806 1253 1807 29 0 641 794 564 434 1 Votc b Ma1 6806 2699 4005 94 2 1201 1581 1376 1015 33 Total 6306 3952 5812 123 2 1842 2375 1940 1449 4 Total Polling 6806 1253 1807 29 0 641 794 564 434 15 Vote by Mal 6806 2699 4005 94 2 1201 1581 1376 1015 33 Total 6506 3952 5812 123 2 1842 2375 1940 1449 4 CITIES CITY OF MORRO BAY Polling 6806 1253 1807 29 0 641 794 564 434 I Vote by Mail 6806 2699 4005 94 2 1201 1581 1376 1015 33 Total 6806 3952 5812 123 2 1842 2375 1910 1449 41 Total I Polling 6806 1253 1807 29 0 641 794 564 434 I5, Vote by Mail 6806 2699 4005 94 2 1201 1581 1376 1015 all Total 1 6806 3952 5812 123 2 1942 2375 1940 1449 d RESOLUTION NO. 47-14 ® RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING THE 2014/15 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 UB Government Spending Limitation Section 8(c), states that proceeds in excess of user charges and user fees that exceed the costs reasonably borne 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 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 states `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 8 h day of July 2014, by the following vote: AYES: Irons; C. Johnson, N. Johnson, Leage; Smukler NOES: None ABSENT: None ATTEST: JAMJf L. IRONS, Mayor JAMIE BOUCHER. City Clerk El • C� Proposed Master Fee Schedule For the 2014/ 15 Fiscal Year Table of Contents Preface i All City Departments & Offices 1 Elections 2 Finance Department 3 Public Services Department: Building 4 Business License 8 Engineering 12 Planning 14 Water 18 Sewer 19 Police Department 20 Fire Department 25 Harbor Department 30 Recreation and Parks Department 33 Transit 37 2014/15 Resolution of Adoption 40 IOc City of Morro Bay Master Fee Schedule For the 2014/ 15 Fiscal Year Preface All fees, except for those related to Business License, are subject to increase by either the April Consumer Price Index (CPI) for Los Angeles -Riverside -Orange County, or the Engineering News Record (ENR), unless prevented by law. Business License adjusts based on the March CPI, per Municipal Code Section 5.04.050. ENR for April 2014 = 2.8% CPI for April 2014 = 1.4% CPI for March 2014 = 1% The Master Fee Schedule is updated annually in June/July; therefore, any fees adopted after its publication, and prior to the next annual update, may not be included. • • City of Morro Bay Master Fee Schedule For the 2014/ 15 Fiscal Year All Departments & Offices Photocopies: First page 5 0.75 Each additional page 5 0.25 Photocopies mailed: Cost of postage Actual First page $ 0.75 Each additional page $ 0.25 Appeal fee: Non-refundable appeal fee for non -land use administrative decisions $ 250.00 • Notes: Unless specifically identified elsewhere (e.g., Public Safety), all departments and offices shall use these rates. 0 City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Elections Filing fee: Notice of intention to circulate petition - this amount is refundable under Elections Code Section 9202(b), with conditions $ 200.00 is rI L City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Finance Department Copies: Budget document, per copy $ 25.00 25.00 Basic Financial Statements (City Audit), per copy $ 25.00 25.00 Master Fee Schedule document, per copy $ 25.00 25.00 Returned check charge (CA Civil Code Section 1719): First time $ 25.00 do not adj Each subsequent $ 35.00 do not adj Utility Billing: Water service application fee $ 25.00 do not adj Physical posting of shut-off notice at customer location $ 54.00 56.00 . Refundable Utility deposit - residential tenants only ` $ 100.00 do not adj Reconnection (MC 13.04.310) $ 46.00 47.00 A deposit is required from all residential tenants who sign up for utility service. Existing residential tenants, whose service is terminated due to delinquent non- payment, will be required to pay a deposit, in addition to the service reconnection fee, in order to restore service ONLY IF THE DEPOSIT HAS NOT PREVIOUSLY BEEN COLLECTED. If the residential tenant moves within the City limits, the deposit will transfer with the residential tenant to his/her new address. The deposit is applied to the closing bill when the residential tenant moves out; any remaining credit balance is refunded. If the tenant's status changes to an owner, the deposit is refunded. 3 City of Morro Bay Master Fee Schedule is For the 2014/15 Fiscal Year Public Services Department Building Building & Construction Permits: Valuation of from 0 - $3,000 (including electrical service less than 600 amp, and minor plumbing alternatives) $ 83.00 85.00 $3,001 and up - .025 x total valuation as determined by the Building Official (50% upon submittal/50% at issuance) Construction Operation After Hours $ 31.00 32.00 Building Re -Address Processing $ 30.00 31.00 Demo w/o Asbestos $ 66.00 68.00 Demo w/ Asbestos $ 133.00 137.00 In -lieu Housing Fee (if unit not affordable housing) - per sq/ft $ 0.32 0.33 General Plan Maintenance - 6% Surcharge on all Building Permits 2 SMIP Category I (Residential) - .0001 x valuation SMIP Category II (Commercial) - .00021 x valuation • Unsafe Building repair, demolition or moving structure - charged at cost Special Inspection and Plan Review Fees: Inspection Fees - outside of normal work hours - per hour, 2 hour minimum $ 151.00 155.00 Re -Inspection Fees - per hour $ 76.00 78.00 Property condition report for Condominium Conversions $ 18.00 19.00 Inspection for which no fee is otherwise indicated - per hour, 1/2 hour minimum $ 76.00 78.00 Additional Plan Review required by changes, additions, revisions to the approved plans - per hour, 1/2 hour minimum $ 76.00 78.00 Use of outside consultants for special plan checking and inspection - charged at actual cost, plus actual fully -loaded staff costs Penalty for commencing construction without permit(s). This is in addition to the standard building permit fees. $ 105.00 108.00 + 2 times permit fee + $52.00 per day after notice 53.00 Retrofit upon transfer of sale $ 34.00 35.00 • ' General Plan Maintenance surcharge includes 1% for Geographic Information System (GIS) Maintenance 4 City of Morro Bay is Master Fee Schedule For the 2014/15 Fiscal Year CJ • Building Development Impact Fees 3 Building fees, per square foot °: Residential: Single Family Multi -Family Non-residential: Commercial ` Office 5 Industrial Park fees for residential in -fill lots, per square foot: Single Family -Fam Water fee: 1" meter 1-1 2' mete- 2" meter 3 Wastewater fee: 1" meter 1-1/2" m 2" meter 3" meter $ 3.89 4.00 S 6.21 6.38 S 3.90 4.01 $ 2.77 2.85 S 1.44 1.48 $ 1.20 1.23 $ 2.00 2.06 $ 2,422.00 2,490.00 $ 4,844.00 4,980.00 $ 7,747.00 7,964.00 $ 15,495.00 15,929.00 3 Adjust annually based on change in Engineering News Record (ENR). 4 Fees are per square foot including garages (enclosed spaces). Single-family residential additions of 500 square feet or less are exempt (this is for a cumulative five (5) year period). 5 Plus water and wastewater fees, which are based on meter size 6 An increase in meter size for the sole u p rpose of accomodating the hydraulic demand of a residential fire sprinkler system shall be exempt. 17 783.00 4,570.00 9,142.00 18, 281.00 29, 249.00 City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Building Development Impact Fees Public Facilities Fees (per square foot): Residential: Single Family Residential: General Government $ 1.15 1.18 Police $ 0.39 0.40 Parks $ 1.20 1.23 Fire $ 0.42 0.43 Storm Drain $ 0.05 0.05 Traffic $ 1.86 1.91 Water' $ 0.64 0.66 Wastewater? $ 1.79 1.84 • Multi -Family Residential: General Government $ 1.91 1.96 Police $ 0.63 0.65 Parks $ 2.00 2.06 Fire $ 0.70 0.72 Storm Drain $ 0.06 0.06 Traffic $ 2.90 2.98 Water 7 $ 0.97 1.00 Wastewater' $ 2.66 2.73 Water and Wastewater actual fees are based on the meter size. Amount shown is estimated based on the fees divided by the estimated building square feet. • 6 City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Building Development Impact Fees Public Facilities Fees, per square foot (continued): Non-residential: Commercial: General Government S 0.23 0.24 Police $ 0.06 0.06 Parks $ 0.01 0.01 Fire $ 0.21 0.22 Storm Drain $ 0.03 0.03 Traffic $ 3.35 3.44 Water $ 2.41 2.48 Wastewater' $ 4.45 4.57 Office: • General Government $ 0.31 0.32 Police $ 0.08 0.08 Parks $ 0.01 0.01 Fire $ 0.30 0.31 Storm Drain $ 0.03 0.03 Traffic $ 2.01 2.07 Water' $ 2.41 2.48 Wastewater $ 4.45 4.57 Industrial: General Government $ 0.09 0.09 Police $ 0.03 0.03 Parks $ 0.01 0.01 Fire $ 0.08 0.08 Storm Drain $ 0.03 0.03 Traffic $ 1.16 1.19 Water 7 $ 2.41 2.48 Wastewater' $ 4.45 4.57 • Water and Wastewater actual fees are based on the meter size. Amount shown is estimated based on the fees divided by the estimated building square feet. City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Public Services Department Business Licenses Business License: Business License fee - varies by type of license requested See Subsequent Pages Business License listing, per llst $ 15.00 Business License, transfer (MC 5.04.220) $ 2.00 Business License, duplicate (MC 5.04.230) $ 2.00 Home Occupation Permit Processing Fee (one time fee) $ 65.00 Home Occupation Basic (annual) $ 135.00 Home Occupation Exception (annual) $ 57.00 e With the adoption of the 2013/14 Master Fee Schedule, a $3 software maintenance fee was added to Business License fees. 15.00 does not change; MC specifies $2 does not change; MC specifies $2 66.00 136.00 58.00 I,1 CI 8 n u City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Public Services Department Business License' Exhibit A Business License (MC 5.08): Ambulances ff License Apartments, Motel, Hotel, Multiple Dwellings, Rest Homes, Rooming Houses, Hospitals & Sanitariums Plus: Each Unit/Person cared for Over 4 Art Hobby or Handicraft Show & Exhibitions Minimum Per Salesperson Auctioneers No Fixed Place of Business Fixed Place of Business : Each Employee Bingo Wamivals and Circuses 3-more sale Coin -Operated Vending Machine Contractors General One Job Only Specialty One Job Only Welivery By Vehide For One or More Vehicles Exhibiting Animals or Trick Riding, Wire Dancing or other Exhibitions (Exception No Fee or Admission) sire Wreck or Bankrupt Sale, Each Sale Plus: In Excess of 3 Days Annum $ 109.00 110.00 Annum $ 135.00 136.00 $ 5.00 5.00 Gross Receipts Annum $ 3.00 3.00 Day $ 135.00 136.00 Annum $ 135.00 136.00 Annum $ 32.00 32.00 $ 66.00 67.00 Day $ 534.00 539.00 Annum $ 135.00 136.00 Gross Receipts 0.01 do not adj Annum $ 266.00 269.00 Job $ 135.00 136.00 136.00 Job $ 35.00 35.00 Annum - 136.00 Day 5 56.00 57.00 $ 189.00 191.00 Day $ 109.00 110.00 e With the adoption of the 2013/14 Master Fee Schedule, a $3 software maintenance fee was added to Business License fees. a City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Public Services Department Business Licenses Exhibit A (page 2) Flea Markets Daily Gross Minimum per Salesperson Day $ 10.00 10.00 Garage Sales No Fee ERR Merry -Go -Round, Revolving Wheel Chute, Tobaggan, Slide, Mechanical Riding Contrivance or Pony Ride Day $ 56.00 57.00 Money Lenders & Pawnshops $ 537.00 542.00 Non -Profit Organizations Exempt Peddlers, Solicitors, or Itinerant Merchants Peddlers Day $ 56.00 57.00 Solicitors Day $ 109.00 110.00 Plus: Each Employee Day $ 53.00 54.00 Itinerant Merchants Day $ 56.00 57.00 Week $ 109.00 110.00 Month $ 162.00 164.00 Quarter $ 213.00 215.00 180 days $ 266.00 269.00 Public Utilities Annum $ 135.00 136.00 Plus: Each Employee Annum $ 32.00 32.00 Exception: When City Franchise Tax is greater than $80.00 Private Patrol Annum $ 67.00 68.00 Public Dance (Exception No Fee or Admission) Day $ 56.00 57.00 Real Estate Calif. Licensed Broker Annum $ 135.00 136.00 Each Salesman or Agent Annum $ 32.00 32.00 Each Employee Annum $ 23.00 23.00 s With the adoption of the 2013/14 Master Fee Schedule, a $3 software maintenance fee was added to • Business License fees. C� City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Public Services Department Business License Exhibit A (page 3) Secondhand Store or Junkdealer Annum Plus: Each Employee Annum $ Skating Rink Annum $ Plus: Employee Annum $ Taxicabs License Per Cab Annum Driver Annum Tent Show or Itinerant Show (Exception No Fee or Admission) Day Trailer House, RV or Mobile Home Park Rental Spaces 1-4 Annum Plus: Additional Space Annum Undesignated Professionals Annum Plus: Each Employee Annum Wrestling or Boxing Show Day 135.00 136.00 32.00 32.00 135.001 136.00 32.00 32.00 wmmnr�- $ 73.00 74.00 $ 10.04 10.00 $ 135.00 136.00 S 135.00 136.00 $ 5.04 5.00 # 135.00 136.00 $ 32.0cm 32.00 $ 56.00 57.00 With the adoption of the 2013/14 Master Fee Schedule, a $3 software maintenance fee was added to Business License fees. City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Public Services Department Engineering Engineering: Subdivisions, commercial or multifamily are typically more complex, and require more review. Flood Hazard Development Permit (MC 14.72.040): Permit, minimum fee Flood Plain Letter Subdivisions: Final Map - Tract, minimum fee (MC 16.24.0403) 9 & 10 Final Parcel Maps with Improvements, minimum fee""' Final Maps Amendment Review, minimum fee 9 & 10 Inspections/Plan Review Inspections Public/Subdivision Improvement Plan Check, minimum fee s Abandonment Process Street/R-O-W Abandonment Process Encroachment Permits' (MC 13.16.140): Regular Special- Engineered Structures, minimum fee`' Non -Engineered Structures, minimum fee Annual Utility Encroachment Permit Wide Load Permit with Traffic Control Plans - Per Year Wide Load Permit with Traffic Control Plans - One Times Street & Sidewalks: Exception Application $ 190.00 195.00 $ 95.00 98.00 $ 1,222.00 1,256.00 $ 314.00 323.00 $ 263.00 270.00 Cost of service $ 450.00 463.00 $ 898.00 923.00 $ 129.00 133.00 $ 282.00 290.00 $ 129.00 133.00 $ 198.00 204.00 $ 90.00 do not ad) $ 16.00 do not adj $ 160.00 9 Time and materials costs may be added to minimum, when actual cost exceeds the minimum fee. to With the exception of Wide Load Permits, Encroachment Permits fees adjust annually based on the April Engineering News Record (ENR-CCR) 164.00 i 12 City of Morro Bay • Master Fee Schedule For the 2014/15 Fiscal Year • • Public Services Department Engineering Stormwater fees: Single family: Planning review of preliminary stormwater plan Building permit review of stormwater plan Inspection of stormwater facility/erosion control Other (per 6,000 sq ft lot area, or fraction thereof): Planning review of preliminary stormwater plan Building permit review of stormwater plan I,Inspecdon of suer facility/erosion control Trees: IE_ - '� branove, MC 12.08.110) $ 142.00 146.00 $ 186.00 191.00 $ 99.00 102.00 $ 142.00 146.00 5 186.00 191.00 $ 99.00 102.00 $ 256.00 263.00 R City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Public Services Department Planning Affordable Housing In -Lieu Funding Assistance Fee $ 541.00 556.00 Applicants requesting assistance for affordable housing projects or programs with affordable housing in -lieu fees shall pay a base deposit fee of $500 to conduct the necessary financial analysis to determine the justification of the fee assistance. All expenses associated with further financial analyses (real estate financial pro forma) shall be paid by the applicant and deposited into this fund to cover all City expenses. These fees will either be reimbursed to the applicant or credited toward other project fees, if the City Council determines that financial assistance from the housing in -lieu fee fund is justified. Reasonable Accomodation Fee (No fee if in conjunction with other discretionary permit) 108.00 Coastal Permits: Coastal Permit in combination with Conditional Use Permit No Fee Coastal Permit (Administrative) $ 704.00 724.00 Single Family Dwelling, Multiple Dwelling, Office, Commercial, Convention, Industrial & Institutional $ 3,044.00 3,129.00 Additions greater than 10% to Single Family Dwelling in Coastal Appeals area (Planning Commission) $ 505.00 519.00 Emergency Permit (excluding required regular CDP) $ 634.00 652.00 Other Administrative: Tree Removal, private $ 242.00 249.00 Environmental: Categorical Exemption $ 86.00 88.00 Negative Declaration $ 1,047.00 1,076.00 Mitigated Negative Declaration $ 3,356.00 3,450.00 Filing Fee - for environmental document as per County $ 51.00 52.00 Environmental Impact Report - contract amount plus 25% attorney fees on all discretionary projects - cost $ 4,556.00 4,684.00 Department of Fish & Game CEQA document fee (pass through - see www.dfg.ca.gov for fee) u • • 14 City of Morro Bay • Master Fee Schedule For the 2014/ 15 Fiscal Year Public Services Department Planning Miscellaneous: Letter regarding land use confirmation or other research - per hour $ 86.00 88.00 Development Agreement $ 4,556.00 4,684.00 Applicant Requested Continuance $ 111.00 114.00 Street Name/Rename Processing $ 403.00 414.00 Fine, in addition to permit - $100.00 plus two times permit fee; plus $50 per day - after notice. Deposit required. Request for Averaging Front Yard Setbacks (sq ft) $ 110.00 113.00 Appeals of City decisions excluding Coastal Permits in Coastal Appeal Jurisdiction - refundable if applicant prevails $ 250.00 257.00 Copy of Planning Commission DVD $ 12.00 12.00 • Notification fees: Planning Commission hearings $ 138.00 142.00 Administrative hearings S 87.00 89.00 Special Event - based on actual personnel cost Planned Development Zone: Projects with planned development overlay (for construction of SFR in PD overlay zone) see CUP fees; for all other projects, if within waterfront master plan area, charge time and materials plus a deposit that is to be tiered based on size of the project (Council action 8/23/10). 0 City of Morro Bay Master Fee Schedule • For the 2014/ 15 Fiscal Year Public Services Department Planning Sign Permits: Sign permit $ 86.00 88.00 Sign Exception (CUP) $ 714.00 734.00 Pole Sign (CUP) $ 714.00 734.00 Fines: Temporary, beyond time allowed by Ordinance - per day after notice $ 10.00 10.00 Permanently attached signs w/o permit - per day after notice $ 21.00 22.00 Subdivisions: Note: all subdivisions may be billed at direct cost Tentative Parcel Map Application $ 3,245.00 3,336.00 Tentative Tract Map Application up to 10 lots/plus $100.00 per lot over 10 $ 4,327.00 4,448.00 • Amendments to Existing Tract or Parcel Maps $ 2,323.00 2,388.00 Lot Line Adjustment $ 762.00 783.00 Certificate of Compliance (legal determination) - fee plus a deposit for extensive research as needed S 525.00 540.00 Lot Mergers $ 211.00 217.00 Text Amendments: Zone Changes - deposit plus cost $ 4,556.00 4,684.00 Specific Plan $ 4,683.00 4,814.00 General Plan/Local Coastal Plan Amendment deposit plus cost $ 4,683.00 4,814.00 Annexations - deposit plus cost $ 4,931.00 5,069.00 Time Extensions: Time Extensions for CUP, regular Coastal Permits and Variance (Planning Commission) $ 525.00 540.00 Time Extensions for Tract Maps and Parcel Maps $ 525.00 540.00 Time Extensions - Administrative $ 44.00 45.00 • 16 • 11 City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Public Services Department Planning Use Permits Note: Al/ Use Permits may be billed at direct cost at the discrebon of the Public Services Director - scheduled fee would then be deemed as a deposit Note: All refund requests must be submitted in writing to the City and must include lfie permit number. Conditional Use Permit $ 3,917.00 One SFR in a Planned Developed Zone or Bluff Area $ 594.00 Occu�ancchan�es Commercial/Industrial (no construction $ 505.00 noun... uun Wunn unuy Ux>>U uuu,q, iwwwu,y uuu of ucw uses $ 505.00 Minor Use Permit $ 541.00 Temporary Use Permit - longer than 10 days $ 541.00 Outdoor Display and Sales and Outdoor Dining $ 863.00 Administrative Temporary Use Permit - 7 consecutive or 10 non- consecutive days per calendar year $ 44.00 Amendments to Existing Permits (Planning Commission) $ 1,942.00 Major Modification While Processing $ 1,459.00 Minor Amendments to Existing Permits (Administrative) $ 184.00 Variances: Variance $ 2,413.00 Variances processed with other permits _,; 725.00 Minor Variance 399.00 Parking Exceptions 123.00 4,027.00 611.00 519.00 519.00 556.00 556.00 887.00 45.00 1,996.00 1,500.00 189.00 2,481.00 745.00 410.00 126.00 City of Morro Bay Master Fee Schedule is the 2014/15 Fiscal Year Public Services Department Water Water Service: Application (MC 13.04.07) $ 25.00 Do not adj Connection - Within City will be charged at cost (MC 13.04.100) Connection - Outside City will be charged at 2 x cost (MC 13.04.100), per Council authorization Connection - Subdivisions will be charged at owner expense (MC 13.04.100) Main Extension Approval will be charged at cost (MC 13.04.120) Temporary Service Application will be charged at cost (MC 13.04.150) Meter Installations/Connections: 3/4 inch Metei $ 1,350.00 1,388.00 1 inch to 1meter Meter/Service $ 1,811.00 1,862.00 1" Meter/1-1/2" Service (for residential fire sprinklers) 2,356.00 1" Meter/2" Service (for residential fire sprinklers) 2,949.00 1-1/2"2-inch meter and above $ Cost of service Meter Box Installation $ 218.00 224.00 Temporary Water Meter Rental $ 87.00 89.00 Water Meter Re -Read $ 26.00 27.00 • Reconnection (MC 13.04.310) $ 46,00 47.00 After - Hours Water Meter Turn Off/On $ 117.00 120.00 "Drop in" meter fee, up to 2 inches $ .75 x regular meter fee Do not adj Relocation of water meter for customer convenience $ 1.5 x regular meter fee Do not adj Water meter lock and any other damage $ Leek k'-$;6* City Property + 47* Water Meter Testing (Remove, test and replace meter); fee refunded if meter test indicates an overage of greater than 2010 150.00 Circuses, Carnivals & Traveling Shows - Fire Hydrant (MC 13.04) Fire Hydrants - Contractor Use (MC 13.04.360): Meter Installation and Removal - per Council Resolution; will be charged at cost Meter Use - per day $ 4.00 4.00 Water Cross Connection (MC 13.08.070B): Certificate of Compliance $ 23.00 24.00 Water Usage (MC 13.04.220, sewer rates not included): Per Council Resolution Water Deposit: Refundable deposit - residential tenants only $ 100.00 Do not adj ' Subject to Police investigation for theft of water and tampering with City Property City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Public Services Department Sewer Sewer: Connection Permit - fee plus staff time for inspection (MC 13.12.010) 76.00 7&00 Extension - pro rated - to be charged at cost (MC 13.12. Use of Existing Sewer Permit - per Council Resolution (MC 13.12.090) Use Charges - per Council Resolution (MC 13.12.210) Discharge Fee - Recreational Vehicles and Campers (MC 13.12.250A, no charge) Discharge Fee - Tank Trucks and Commercial per truck, for each 1,000 gallon capacity (MC 13.12.250B) $ 7.00 7.00 Private Facility (MC 13.12.280, no charge) Minimum and Availability Charge - per Council Resolution (MC 13.12.090) • Raising Manhole to Grade - cost of providing service Sewage Spill Cleanup - cost of providing service Spill in Right -of -Way Cleanup - cost of providing service • 19 City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Police Department (See Notes) Permits & Licenses: Sex/Narcotic Registrant Fee Tow/Taxi Service Provider Application Fee Taxi Operator Permit Application Fee Taxi Operator Permit Application Renewal Fee Second Hand Dealer Permit - City Application Fee (does not include Department of Justice fee) Second Hand Dealer Permit renewal - City Application Fee (does not include Department of Justice fee) Massage Therapist/Parlor Permit Application Fee Police Copies: Report/Document Copies - per page Support Services Coordinator Activity: Digital Photo Reproduction to CD - per hour, 1 hour minimum Audio/Video Tape Reproduction - per hour, 1 hour minimum Record Searches/Reviews/Clearance/Responses - per hour, 1 hour minimum Officer Activity: Equipment Citation Sign Off Vehicle Impound Fee Administrative Costs (CVD 22850.5) Abandoned Vehicle Removal (junk vehicles/parts) Juvenile In Custody Service - per hour $ 0.00 $ 598.00 606.00 $ 381.00 386.00 $ 64.00 65.00 $ 318.00 322.00 $ 158.00 160.00 $ 132.00 134.00 $ 1.00 Do not adj $ 53.00 54.00 $ 53.00 54.00 $ 53.00 54.00 $ 15.00 15.00 $ 158.00 160.00 $ 318.00 322.00 $ 69.00 70.00 • P 10 City of Morro Bay • Master Fee Schedule For the 2014/ 15 Fiscal Year Police Department (See Notes) Other Police Services: Firearms - seizure/stora2eAPC 12921.3 33880) $ 53.00 54.00 State Mandated Costs Concealed Weapons Permit (does not include DO] or other fees) $ 106.00 107.00 Renewal of Concealed Weapons Permit (does not include cost of ID card) $ 26.00 26.00 Subpoena Duces Tecum (does not include costs of report, etc.) $ 15.00 15.00 Delinquent Parking Citation Copy $ 2.00 2.00 Repossessed Vehicle $ 15.00 15.00 Booking Fees (current cost - cost is dependent on charges by County) $ 115.00 117.00 • Live scan Fingerprint Fees (PC 13300(e)) $ DOJ + $20 Criminal History Review (PC 13322) $ 26.00 26.00 Cost Recovery DUI Emergency Response Actual Cost False Alarm Response (after 3rd false alarm in a year) $ 212.00 215.00 No Cost Services: Bicycle License $ 0.00 Voluntary Gun Registration $ 0.00 11 City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Police Department (See Notes) Parking Fines: MBMC Vehicle Code Parking within a Parkway 10.40.020 $ 53.00 54.00 No Parking Areas 10.40.030 $ 53.00 54.00 Posted Restricted Parking 10.40.040 $ 53.00 54.00 72-Hour Parking 10.40.060 $ 64.00 65.00 Vehicle Repair on Public Street 10.40.080 $ 53.00 54.00 Parking on Grade without Turning Wheels 10.40.090 $ 53.00 54.00 Parking within Space Marking 10.40.110 $ 53.00 54.00 Curb Markings (red, yellow, etc.) 10.40.120 $ 53.00 54.00 Parking in Passenger Loading Zone 10.40.150 $ 53.00 54.00 Parking in Alley 10.40.160 $ 53.00 54.00 Limited Time Parking 10.40.170 $ 53.00 54.00 Violating Diagonal Parking 10.40.190 $ 53.00 54.00 No Stopping in Designated Area 10.40.200 $ 53.00 54.00 Failure to Pay Established Fee 10.44.070 $ 53.00 54.00 Failure to Display Receipt 10.44.070 $ 53.00 54.00 Overnight Camping 08.24.010 $ 112.00 114.00 Expired registration 4000(a) $ 53.00 54.00 Parking in Fire Lane 22500.1 $ 169.00 171.00 Blocking Driveway 22500e $ 53.00 54.00 Blocking Wheelchair Access 22500L $ 109.00 111.00 Parking within 15' of Fire Hydrant 22514 $ 117.00 119.00 Blocking Sidewalk 22500f $ 53.00 54.00 Blocking a Bus Stop 22500i $ 90.00 91.00 Blocking Intersection Gridlock 22526 $ 186.00 189.00 Curb Parking 18" or Wrong Way 22502A $ 53.00 54.00 Parking in Bike Lane 21211b $ 53.00 54.00 Vehicle Abandonment on Street 22523 $ 328.00 333.00 Handicap 22507.8A $ 301.00 305.00 • • 22 City of Morro Bay Master Fee Schedule For the 2014/ 15 Fiscal Year Police Department Notes Permits & Licenses: Tow/Taxi Service Provider application fee is the fee for application by a tow service provider or taxi service applying to do business in the City (does not include a business license fee). The application includes review by police staff, processing of application, inspection of tow/taxi vehicle(s) and in case of two service provider, inspection of impound yard. Massage Therapist/Parlor permit application fee is an application fee to operate a new massage business (does not include City business license fee or DOJ fee). Includes police staff time to receive and review application, conduct background checks as required, and business inspection. Police Copies: All police copy costs are $1.00 per page (except citations). • Support Services Manager Activity: All record searches, reviews, clearance letters, responses, copies of photos, audio tapes and video tapes - 1 hour minimum charge Officer Activity: Abandoned Vehicle Removal - this is a charge levied against the registered or legal owner of a vehicle who abandons the vehicle or vehicle parts on a public street or place open to the public Juvenile in Custody - this hourly fee may be charged to parents when a juvenile has been taken into custody, and the officer or employee must "baby-sit' the juvenile until the parent arrives. This hourly fee begins after the juvenile is processed, and the parents, or responsible adult, are called to respond. This fee is intended for parents or responsible adults that have extended response times, which requires an officer or employee to monitor the juvenile. • 23 City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Police Department Notes Other Police Services: Firearms seizure, storage and release administrative fees - PC 1202.3 (now PC 33880) was enacted in 2005 and requires any person, who claimed title to any firearm that is in police custody and who wishes to have a firearm returned to him/her, must make application for a determination by DOJ (Department of Justice) as to whether he/she is eligible to possess a firearm. PC Section 12021.3U)(1) allows the City to charge for administrative costs relating to the seizure, impound, storage or release of firearms. State Mandated Costs: Concealed Weapons Permit - PC Section 12054(a) Subpoena Duces Tecum - EC 1563 (b)(1) Delinquent Parking Citation Copy - VC Section 40206.5 Repossessed Vehicle - GC Section 41612 Booking Fees - set by County GC 53150 & 29550.1 Livescan Fingerprint Fees - PC 13300(e) Criminal History Review - PC 13322 Cost Recovery: DUI Emergency Response - MBMC 3.40.030 False Alarms Response - MBMC 9.22.020 Services: Acceptance of Civil Subpoena/SDT fees are set by statute or other authority - Code #1563(b)(1)EC Safekeeping Property Storage beyond 30 day written notice does not include outside storage fees E • 24 City of Morro Bay • Master Fee Schedule For the 2014/15 Fiscal Year Fire Department (See Notes) Permits: Permit Inspection Fees: Any single permit identified in Title 24 CFC and not specifically addressed in the Master Fee Schedule $ 64.00 65.00 Any combination of permits shall not exceed $ 191.00 194.00 Special Occurrence or Use Permit (equipment & personnel charges additional) $ 64.00 65.00 Special Permits: Marine Welding Permit: Vessel, Pier, Wharf, Waterfront $ 42.00 43.00 Aircraft Landing Permit, per occurrence (required Fire standby equipment & personnel charges additional) $ 64.00 65.00 Knox Box installation/inspection, first box $ 42.00 43.00 • More than one Knox Box per address, each additional box $ 10.00 10.00 Equipment & Personnel Charges 4 Engine or Truck: per hour, per vehicle (personnel charges additional) $ 122.00 124.00 Squad/Rescue: per hour, per vehicle (personnel charges additional) $ 90.00 91.00 Utility/Command Vehicle: per hour, per vehicle (personnel charges additional) 5 42.00 43.00 Personnel charges: per hour, per person - 2 hour minimum, unless otherwise specified, at current productive hourly rate Plan Review Fees: Fire Plan Concept Review - personnel charges as specified in Equipment and Personnel Charges Plan Review - A charge of 0.3% of total valuation plus use of outside consultant for Plan Review & Inspection is based on actual cost plus fee 5 64.00 65.00 Additional Plan Review required by changes, additions or revisions to approved plans - personnel charges as specified in Equipment & Personnel Charges on a hourly basis plus actual • cost of outside consultant for Plan Review City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Fire Department (See Notes) Fire Protection: System & Equipment Fees: Fire Sprinkler System Installation Inspection - (above ground) Residential - fee plus $0.55 per head Commercial - fee plus $0.55 per head Commercial projects or tenant improvements under 1,000 sq ft - fee plus $.055 per head Underground water line inspection Fire Alarm System Installation Inspection 0 - 15 devices 16 - 50 devices 51 - 100 devices 101 - 500 devices 501 and up, fee plus $130 for each additional 100 devices Specialized Fire Protection System Inspection, e.g., Halon, Dry Chemical Commercial Kitchen Hood System Flammable or Combustible Tank Installation Inspection On -site Hydrant System Installation Inspection Use of Outside Consultants for Plan Review & and/or Inspection - fee plus actual cost Request for Building Fire Flow Calculations Request for Hydrant Flow Information Request for Hydrant Flow Test - fee plus personnel & equipment as specified in Personnel and Equipment Charges, 1 hr min. Engine company business inspection: 1st and 2nd inspections 3rd and subsequent inspections $ 64.00 65.00 $ 318.00 322.00 $ 103.00 104.00 $ 64.00 65.00 $ 64.00 65.00 $ 106.00 107.00 $ 201.00 204.00 $ 291.00 295.00 $ 291.00 295.00 $ 64.00 65.00 $ 64.00 65.00 $ 64.00 65.00 $ 64.00 65.00 $ 37.00 38.00 $ 37.00 38.00 $ 37.00 38.00 $ 0.00 $ 79.00 80.00 • 0 26 City of Morro Bay • Master Fee Schedule For the 2014/15 Fiscal Year Fire Department (See Notes) Fire Prevention: New and annual business/facility inspection fees: 1st and 2nd inspections: no charge $ 0.00 3rd and subsequent inspections $ 79.00 80.00 Administrative citation for failure to correct a violation shall be charged per 1.03.050 of the Municipal Code $ 106.00 107.00 Administrative citiation for second violation of the same ordinance in the same year shall be charged per 1.03.050 of the Municipal Code $ 212.00 215.00 Administrative citiation for third and each additional violation of the same ordinance in the same year shall be charged per 1.03.050 of the Municipal Code $ 530.00 537.00 Annual weed and hazard abatement inspection fees: 1st inspection for compliance: no charge $ 0.00 • 2nd and subsequent inspections $ 79.00 80.00 Administrative citation for failure to correct a violation shall be charged per 1.03.050 of the Municipal Code $ 106.00 107.00 Administrative citiation for second violation of the same ordinance in the same year shall be charged per 1.03.050 of the Municipal Code $ 212.00 215.00 Administrative citiation for third and each additional violation of the same ordinance in the same year shall be charged per 1.03.050 of the Municipal Code $ 530.00 537.00 City of Morro Bay Master Fee Schedule For the 2014/ 15 Fiscal Year Fire Department (See Notes) Incident Response Fees: Hazardous Material/Chemical Incident: No charge first half-hour (excluding negligent/intentional acts) Each additional hour, or fraction thereof, will be charged as specified in the Personnel and Equipment Charges plus the cost of any materials Negligent Incidents: Response due to negligent/malicious act (e.g., DUI traffic accident, climber on Morro Rock, incendiary fire, negligent hazardous material incident, negligent confined space incident, etc.) Two hour minimum to be charged as specified by Personnel & Equipment Charges plus any material costs and contract services used. Excessive or malicious false alarms: Emergency response due to "Failure to Notify" when working on or • testing fire/alarm system 0.5 hours minimum to be charged as specified by Personnel & Equipment Charges. Malicious False Alarms - .5 hour minimum to be charged as specified by Personnel & Equipment Charges plus any material costs. Alarm system malfunction resulting in 2 in 30 days or 3 in 12 months - charged as specified by Personnel & Equipment Charges plus any material costs. Other Fire Services Copy of response report, per report $ 27.00 Additional copies, per page $ 1.00 Cause & Origin investigation reports, per report $ 112.00 Non -renewal of required annual permit - charge double permit fee rate Failure to obtain permit - charge double permit fee rate Missed site inspection appointment $ 41.00 Failure to meet permit requirements/requiring re -inspection $ 41.00 • 28 City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Fire Department Notes Permits - California Fire Code See operational and construction permits identified in the California Fire Code, Section 105 Special Occurrence or Use Permit includes 1 inspection Plan Review Fees Plan Review Fees are calculated based on total valuation to recover the cost of providing service. Use of outside consultant for Plan Review and/or Inspection to be 560 plus actual cost of consultant. All Plan Review Fees shown are minimum amounts, based on average • processing. Large or complex projects may be subject to increased fees based upon time, costs, or equipment costs as shown per Equipment & Personnel Charges. 0 City of Morro Bay Master Fee Schedule • For the 2014/15 Fiscal Year Harbor Department (see Notes) Vesselfees: Commercial fishing slips - monthly rate (per foot) $ 4.10 4.15 Commercial fishing slip waiting list deposit $ 433.00 435.00 Transient slips - monthly rate (per foot) $ 8.20 8.30 Transient slips - daily rate (per foot) $ 1.10 1.15 Head Float Berth - monthly $ 182.10 185.00 Daily T-Pier rate/floating dock - first consecutive 90 days (per foot) $ 0.25 0.25 City moorings - monthly $ 200.00 215.00 City moorings private tackle - monthly $ 80.00 81.10 AI-5 Anchorage Area - 1-5 days (per foot) $ 0.00 A1-5 Anchorage Area - after 5 days (per foot) $ 0.20 0.20 Ghty owned Guest moorings - daily (per foot) $ 0.25 0.25 Impounded meering vessels - monthly rate (per foot, minimum monthly increments) $ 0.65 10.00 Temporary Moorage - large vessels/equipment (per day) $ 162.00 165.00 Dry storage - daily $ 2.80 2.85 • Mooring transfer fee (flat rate) $ 1,072.00 1,090.00 Service fees: T-Pier electrical - daily $ 2.30 2.35 Electric cord replacement $ 155.00 160.00 T-Piergefst pep se $ '11.99 T-Pier hoist - per day $ 21.00 13.00 Fishing unloading - per hour $ 72.00 73.00 Wharfage - per ton $ 0.85 0.90 • Ui City of Morro Bay • Master Fee Schedule For the 2014/ 15 Fiscal Year 11 • Harbor Department (See Notes) Liveaboard fees: Permit fee - biennial $ 55.00 Inspection fee - biennial (if done by MB Harbor Patrol) $ 131.00 Monthly service fee - moorings $ 15.50 Monthly service fee - slips $ 32.00 Lease site administation/services fees: Master Lease Approval $ 810.00 Requiring City Council approval $ 405.00 Departmental approval $ 84.00 Vessel assistance: One Patrol Officer, one boat - per hour $ 180.00 Each additional Officer - per hour $ 68.00 Launch Ramp parking fee: Per hour $ 1.00 Maximum per day 5.00 Failure to pay established fee # 54.20 t Failure to display receipt S $' Annual fee $ 100.00 120.00 69.00 15.75 32.45 1,000.00 500.00 175.00 183.00 69.00 1.00 5.00 55.00 55.00 110.00 31 City of Morro Bay Master Fee Schedule For the 2014/15 Fiscal Year Harbor Department Notes Any account past due over 10 days on a monthly basis will be charged a 10% penalty.late fee assessed on the total balance due on the account. Vessels requiring non -emergency assistance more than once in any six-month period may be charged a minimum of 4.5 hours at the set rate. All dockage is based on a 36' minimum vessel length or length of the slip, whichever is larger. Temporary moorage related to marine construction equipment or vessels of unusual size requiring special accommodation - see fees for Temporary Moorage - Large Marine Equip. or Vessel/Equipment. A 10% discount is available for leased commercial slips and moorings when paid one year in advance. Account must be paid for entire year in advance. Transient slip users shall be limited to 3 months in any slip as long as there are vessels • appropriate to the slip size on the sublease waiting list. The Harbor Director may waive dockage fees for Tall Ships visiting Morro Bay Harbor for any period less than 30 days with written notice. Parking fee applies to the boat trailer spaces at the boat launch ramp, and Tidelands Park trailer and towing vehicle spaces. 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E "E Ea E w g + n + M M M M Y p o v O t N H 1>> 1? 6> N mm0 At €a €a Ea yya m qq O Mfp MLD Nm MOJ N r o 2 e yLu Y 112p q W S v_yy °�>C,'' v E E a' as n u U^ Q E y E a g m �E zf 82? 8E _ 0 a a 0 0 0 0 0 0 •i N M O O O O O O O O n O O O O O Oi rl ti O O O O O o O O O O O o .. in 0 0 0 0 0 0 0 0 0 0 O� O] i0 N 00 ~ N � v 8 a c o o L L LL O a+ C j Z Z (u E � z M V ci N m GJ V1 a) c O s o v y p a. �� )0 Ac O a c m 0, a k Li n O z a -_ c O i r4 ra c ° m O — di o e U co CJ � �o h � � � `� O —' y. v C. in V G m O U. c � E C O L C C E ' c a n ci m E -P'> 3 Q° C O L C v\ y L c n m u n gcru �" • u 0 City of Morro Bay • Master Fee Schedule For the 2014/15 Fiscal Year • 0 Transit (See Notes) Fixed Route: Regular fare, per ride Discount fare, per ride Regular punch pass (11 rides for the price of 10) Discount punch pass (11 rides for the price of 10) Regular day pass Discount day pass Call -A -Ride: Fare, per ride Call -A -Ride punch pass (11 rides for the price of 10) Trolley Fares: Per ride Per ride, 5-12 years old All day pass Advertising: Exterior Side of Trolley (approx. 36"x20") - with supplied sign Exterior Side of Trolley (approx. 36"x20") - MB Community Foundation supplied sign Exterior Rear of Trolley (approx. 24"x20") - with supplj�gign Exterior Rear of Trolley (approx. 24"x20") - MB Community Foundation supplied sign Interior (approx. 26"x12") -with supplied sign Interior (approx. 26"x12") - MB Community Foundation supplied sign 5 1.50 $ 0.75 $ 15.00 $ 7.50 $ 4.00 $ 2.00 $ 2.50 $ 25.00 $ 1.25 1.00 5 9.519 $ 3.00 3.04 $ 370.00 375.00 $ 422.00 428.00 $ 318.00 322.00 $ 370.00 375.00 $ 158.00 160.00 $ 187.00 190.00 City of Morro Bay Master Fee Schedule • For the 2014/15 Fiscal Year Transit (See Notes) Trolley (continued): Rental rates: One day, within City Limits, per hour (2 hour minimum): Transportation of passengers to and from one location to another $ 106.00 107.00 Shuttle transportation (continuous loop with multiple stops); hourly plus cost of fuel $ 106.00 107.00 One day, outside City limits, per hour (3 hour minimum) Transportation of passengers to and from one location to another $ 106.00 107.00 Shuttle transportation (continuous loop with multiple stops); hourly plus cost of fuel $ 106.00 107.00 Multiple days, 2 consecutive days: Within City limits $ 1,719.00 1,743.00 Outside City limits; rate plus cost of fuel $ 1,719.00 1,743.00 C11 39 City of Morro Bay Master Fee Schedule For the 2014/ 15 Fiscal Year Transit Notes Fixed Route: A child, under 5 years old, may ride free with a fare -paying adult (limit 2 per fare -paying adult). Senior citizens (65 & over) and mobility-impaired/disabled individuals are eligible for the discount fare. Senior citizens may be required to provide proof of age. Call -A -Ride: Call -A -Ride service is available to all members of the general public. Trolley Rides: — The trolley is seasonal, and operates weekends only from Memorial Day weekend through the 1st weekend in October, and on Friday and Monday from Memorial Day through Labor Day. Children, under 5 years old, ride free (limit 2 per fare -paying adult). Advertising: • The City has entered into a revenue -sharing agreement with the Morro Bay Community Foundation (MBCF). MBCF will sell advertising spaces on the trolleys, to include having signs made, and split the revenue, per the agreement. The agreement term is one year. Advertising rates in this Schedule apply to the May 2015 trolley operating season. Discounts are available when purchasing more than one advertising space. Buy two exterior or interior signs an get a second sign @ 10% off; buy three exterior or interior signs and get the third sign @ 20% off; buy three exterior signs and get one interior sign @ 50% off. Cost for space with MBCF sign includes the cost to have the sign made. Rentals: Hourly rate includes driver, fuel, cleaning, standby mechanic and administration, unless otherwise noted. Trolley seats 30 passengers. The trolley is only to be operated on paved roads (no dirt or gravel roads). The trolley is be returned to the City in the condition it was received by the renter. The renter shall be held responsible for any damages to the trolley resulting from the rental that is not due to the negligence of the City or its transit contractor. n L J 39 ® RESOLUTION NO. 46-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS AND RESCINDING RESOLUTION 02-13 THE CITY COUNCIL City of Morro Bad, California WHEREAS, pursuant to Morro Bay Municipal Code Chapter 3.22 and Resolution No. 44-02 the City of Morro Bay (the "City') entered into a contract with the State Board of Equalization (the `Board') to perform all functions incident to the administration and collection of local transactions and use taxes: and WHEREAS, the City Council deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the Board; pertaining to sales and transactions and use taxes collected by the Board for the City pursuant to that contract: and ® WHEREAS. California Revenue and Taxation Code ("R&TC") section 7056 sets forth certain requirements and conditions for the disclosure of the Board's 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; R&TC section 7056 requires any person; other than City officials and employees; designated by the City to examine the City's sales and transactions and use tax records shall have an existing contract with the City allowing that examination. NOW, THEREFORE, BE IT IS RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY, AS FOLLOWS: Section 1. This Resolution supersedes all prior sales and use tax Resolutions of the City, adopted pursuant to R&TC section 7056, subdivision (b) and rescinds Resolution 02-13. Section 2. The 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 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 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 City sales or transactions and use taxes by the Board pursuant to the contract ® Section 3. Hinderliter, de Llamas and Associates ("HdL") is hereby designated to examine the sales and use tax records of the Board; pertaining to sales and use taxes collected for the City by the Board. HdL meets all of the following conditions: a) Has an existing contract with the City to examine sales and use tax records; b) Is required by contract to disclose information contained in, or derived from, those sales and use tax records; only to the officer or employee authorized under Section 2 of this Resolution to examine the information: c) Is prohibited; by contract; from performing consulting services for a retailer during the term of that contract: and d) Is prohibited, by contract; from retaining the information contained in; or derived from; those sales 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 use taxes by the Board, pursuant to the contracts between the City and the Board of Equalization. Section 4. Municipal Auditing Services (MAS) is hereby designated to examine the sales and ® use tax records of the Board, pertaining to sales and use taxes collected for the City by the Board. MAS meets all of the following conditions: a) Has an existing contract with the City to examine sales and use tax records; b) Is required by contract to disclose information contained in, or derived from, those sales and use tax "records, only to the officer or employee authorized under Section 2 of this Resolution to examine the information: c) Is prohibited, by contract, from performing consulting services for a retailer during the term of that contract: and d) Is prohibited, by contract, from retaining the information contained in, or derived from, those sales 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 use taxes by the Board, pursuant to the contracts between the City and the Board. 1 ® 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 July 2014, by the following vote: AYES: Irons. C. Johnson, N. Johnson, Leage_. Smukler NOES: None ABSTAIN: None ABSENT: None J IE BOUCHER. City Clerk is E ��. 2. S: 6a JAMIE . IRON'S. Mayor ® CITY OF h10RRO BAY AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made, by and between, the City of Morro Bay, a municipal corporation ("City") and Municipal Auditing Services LLC, a California limited liability company, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein the parties agree as follows: I. TERM This Agreement shall become effective on the date it is signed by City, and shall remain and continue in effect for three (3) years with two (2) two-year automatic extensions, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. ® PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. CITY MANAGEMENT City's Administrative Services Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant.. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof. 5. PAYMENT City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B. attached hereto and incorporated herein by this reference as though set forth in full. Page I of 8 SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE C (a) City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least ten -days' (10-days') prior written notice. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise, If City suspends or terminates a portion of this Agreement, then such suspension or termination shall not make void or in the remainder of this Agreement. (b) In the event this Agreement is tenninated pursuant to this Section, City shall pay to Consultant the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, Consultant will submit an invoice to City pursuant to Section 3. Upon termination, (a) Consultant has the 12-month right to complete work in process and receive payment in accordance with Exhibit B or (b) if the City desires an immediate stoppage, then, after City receives Uncollected Taxes Due then resulting from Consultant's work in actual process prior to that termination (the "Work in Process"), City shall, in accordance with Exhibit B, compensate Consultant for the Work in Process. 7. DEFAULT OF CONSULTANI' (a) Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date Consultant is notified of default and can terminate this Agreement immediately by written notice to Consultant. If such failure by Consultant to make progress in the performance for work hereunder arises out of causes beyond Consultant's control, and without fault or negligence of Consultant. then it shall not be considered a default. (b) If the City Manager of his/her delegate determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, then he/she shall cause to be served upon Consultant a written notice of the default. Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided r Page 2 of 8 ® in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary-, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (:1) years after receipt of final payment. (h) Upon completion of, and full payment by City for services performed pursuant to, this Agreement, all final work product such as documents, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used. reused, or otherwise disposed of by City without the permission of Consultant. With respect to computer files, Consultant shall make available to City, as a service in addition to those set forth herein, at Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 9. f\'DEMNNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services. to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attomey's fees and costs to the.extent same are caused by any negligent act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. City agrees to hold harmless and indemnify Consultant from and against all claims, liabilities, losses, damages, and costs, includine but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse or reuse by others of the computer files or any other document provided by Consultant under this Agreement. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attomeys' fees and costs, court costs, interest, defense costs, and expert witness fees) (the "Damages"), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant; provided, that the duty to defend shall only apply if Consultant or any of its officers, agents, employees or subconsultants are named, in good. faith, by the third party bringing the legal Page 3 of 8 action; and provided, further. that the duty to indemnify and hold harmless is only to the extent Consultant or any of its officers, agents, employees or subconsultants cause the Damages. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional nbligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors. assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 10, INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B. attached to and part of this agreement. I]. INDEPENDENT CONSULTANT (a) Consultant is and shall at all times remain as to City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers. employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Consultant shall not incur or. have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner- (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RE-SPONSIBUTIES Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times observe and comply with applicable legal requirements in effect at the time the drawings and specifications are prepared. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section. Page 4 of 8 13. UNDUE INFLUENCE. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or inequity. 14. • NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof,. for work to be performed in connection with the Project performed under this Agreement. 15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST ® (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City • Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City if Consultant, or any of its officers, employees, agents, or subconsultants are served with any summons, complaint, subpoena, notice of deposition. request for documents, interrogatories, request for admissions, or other discovery request, court order. or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City retains the right, but has no obligation, to represent Consultant or be present at any deposition. hearing, or similar proceeding. Consultant agrees to cooperate with City by providing the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Pagc 5 of R 16. NOTICES n u Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i),personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified snail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 Attention: Susan Slayton To Consultant: Municipal 'Auditing Services LLC P.O. Box 3465 Pinedale, CA 93650-3465 Attention: Kevin I... Weigant 17. ASSIGNMENT Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City. 18. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect. all licenses required of it by law for the performance of the services described in this Agreement. 19, GOVERNING LAW City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over City. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements. understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement 11 Page 6 of R ® based solely upon the representations set forth herein and upon each parry's own independent investigation of any and al I facts such party deems material. 21. CONTENTS OF PROPOSAL Consultant is bound by the contents of the proposal submitted by Consultant, Exhibit A hereto. 22. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 23. CALIFORNIA STATE BOARD OF EQUALIZATION COMPLIANCE City and Consultant understand and agree both are in compliance with California State Board of Equalization Section 7056 and further acknowledge compliance with the following items: I. Consultant is to examine sales and use tax records. 2. Consultant is required by this Agreement to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by Resolution to examine that information. ® 3. Consultant is prohibited by this contract from performing consulting services for a retailer during the term of the contract. 4. Consultant is prohibited by this contract from retaining the information contained in, or derived from, those sales or transactions and use tax records, after the contract has expired. Page 7 of IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed is the day and year first above written. CITY OF MORRO RAY By: /lei vNnQ��=�J iamie L. Irons, Mayor Date; 7—l—/Y Attest: 27ry1� .— .latne�Boucher. City Clcrk Date: —... ?-Cl- CONSULTANT (2 signatures required) By: nature) XS&1i Al W _r,I G_4 T (Typed Name) Its: /7R+i6i��2 (Title) By (Signatur (Typed Name) Its: �! Approved As To Form: �,s _k, GU 6 P� - o eph NV. Pannone, interim Citv Alt, mey V Page 8 of 8 UNANIMOUS WRITTEN CONSENT OF THE SOLE MEMBER OF MUNICIPAL AUDITING SERVICES, LLC, A California limited liability company The undersigned member ("Member") of MUNICIPAL AUDITING SERVICES, LLC, a California limited liability company (the "Company"). pursuant to Section 17104 of the California Corporations Code, hereby adopts, approves and consents to the following resolution: WHEREAS, the Company operates under an operating agreement dated January 28, 2000, as amended and restated on August 11, 2010 (the "Operating Agreement"); and WHEREAS, Kevin L. Weigant is the duly appointed and acting president of Company. NOW, THEREFORE, BE IT RESOLVED, that Kevin L. Weigant, the president of the Company, is authorized to enter into all ordinary contracts on behalf of the Company and to sign the name of the Company to all such contracts. ® The secretary of this Company is hereby instructed to insert this Unanimous Written Consent in the Company's books. IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent effective as of January 12. 2012. MEMBER: KEVIN L. AND DENISE M. WEIGANT 2009 TRUST. Member 01 ® {ZYIYN, WiU,ui AYeRf�$ V�[,tR�[{4YROtm bCNQCI.�'pd CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Ft-ef�)no On Ech 2Z, 2012 before me,�Qp(A�I+fY[rlt 6lUMf1l t�ubk�G , JJ (Here insert name and side of the olrrce l personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct: HRAX WITNESS my hand and official seal. B Corrmsitoo 0R1943522 w n - — Notary Public- California � ( �/ hatao Ceuary 5i¢rature or Motley rc (Notary Scril) M Cam. Ealm Jul9 2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT L IVI a0l rr�c­ tN ^IiPia r nn5en+ (Tate of descriptbn of ntuehd document (Title or delmpton of an¢hed document continued) Number of Pages i� Docurne it Date 2. 2Z97. (Addtionst infomrdon) CAPACITY CLAIMED BY THE SIGNER Individual (s) Corporate Officer (Title) ❑ Partno(s) ❑ Attorney -in -Fact ❑ Trusta(s) ❑ Othu awevenwnr.nrAv12w.u15w-a73Yaae www.NouryCa,ao,em . INSTRUCTIONS FOR COMPLETING THIS FORM drry oebstwil(lmenl coap',hd In C010bFnin mast domain wrbirge cluedy w Wemi oboes In Iha mmry wean or OF s,parmr rzA a.1alrnenr firm into, w wopnly cow#rIed and atloched m der docamem. rhr ay rsceprion I, if Or doeer rnl it to b, recordrC nuvide cf Cdifor.rio. In wcA Iveonn,, nny dbmodw ocbwwGdpnrm wrbbg, w Only be proved on sseh o docaeem u, long es the wrbiagr does .o, reaaire tit, mi q to 010 ,wnr(htnc thot is d/era) for a notary in calvb,ma r.eml,*ar the owhorUld capacity of the sirnrr), pleare check the of .mew cam fi,)ly far proper nororio/ r•ordigg and anach this fwm frrquir,d • Sam "County information mot be the Sale and County where the document signers) personally appealed before the rotary public for actnowledrm"t, • Date of notarization am be the dale dead the tipalls) personality appeared which Fiat ale be the same due the admowldgmem u rompkad. • The rotary public mum print his or her name a it appran within his or her commission fellowd by a roams and tlren your tide (merry public). • Prim the rorne(s) of document SiVICKS) who ppsoally Appear at the time of .wicutlon. • Indicate the wriect Singular or plural foma by cmesmg oft incorrect to" (i e. WsheAhryc is Ica ) or cimltng the correct forty. Failure to wrleilly indicate the infornation may lead to rejection ofdoeur,ent recording. • The merry seal intonation arm be elan ad photognphicatly reproducible. Improsion mum not cover tees or line. If gal impression smudge, te, al if s sufftciat ago permits, otherwise complete a diffaenl acknodedpment foal. • Sipatac of the merry publ ic must march the signmorm on file with the offer, of the county clerk, O Additional information is set mpuird but could hdp to ensure this aekrNwldgmem is not misusd or iamd d a a diRertm daewlMstl. O Inclose title or type of attached dOwmenl, number of pago and data. O hsdiiole the capacity claimed by the sipler. If the chinned capacity is A rorpome atom, irdicaa don tide (i.e. CEO, CFO, Seaway). • Securely aarlr this doeumat to this signed decanters E 11 CC ® EXHIBIT TASKS TO BE PERFORMED Upon adoption of Resolution 46-14 of the City Council of the City of Morro Bay, Consultant is authorized to examine the sales and use tax records of the State Board of Equalization (the `Board') pertaining to sales and use taxes collected by the Board for the City pursuant to this Agreement, for purposes related to the following governmental functions of the City: (1) City Administration (2) Revenue Management and Budget (3) Community and Economic Development (4) Business License Tax Administration The information obtained by examination of the Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board for purposes relating to the governmental functions of the City listed above. ® City hereby retains Consultant to do and perform field auditing, accounting, support and consulting services as may be required by City. Consultant shall disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by Resolution to examine that information. Consultant is prohibited from performing consulting services for a retailer during the term of this Agreement. Consultant is prohibited by from retaining the information contained in; or derived from, those sales or transactions and use tax records, after the contract has expired. Consultant shall complete the examination each year this Agreement is effective pursuant to the following schedule: 11 EXHIBIT "B" PAYMENTTERMS 1. Consultant agrees to provide the work product and services at a rate of 40% of the amount of tax, penalty, interest, costs, and fees (collectively, the "Uncollected Taxes Due") actually collected by City as a direct result of Consultant's performance of services as described in Exhibit A. 2. In the event City waives or forgives any Uncollected Taxes Due, Consultant is entitled to compensation based upon the Uncollected Taxes Due, including the amount waived or forgiven by City. 3. In the event City stops or fails to authorize a given project, and then conducts or allows to be conducted those same or similar projects by staff or other service providers, Consultant is entitled to compensation as herein agreed based on Uncollected Taxes Due actually collected by City, including the amount waived or forgiven by City. 4. Consultant shall submit an invoice with each satisfactorily completed package transmitted to City. Each Invoice shall include case identification and amount of correction and Consultant payment amount. City shall pay invoices within 30 days after City's actual collection of the Uncollected Taxes Due; provided, however, if Consultant submits an invoice which is incorrect, incomplete or not in accord with the provisions of this Agreement, then City shall not be obligated to. process any payment to Consultant until 30 days after City's receipt of a correct and complying invoice submitted by Consultant. 2 ►l EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the 6Vork, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limils set forth in this section conslitute the unninuun annount of coverage required Any insurance proceeds awfilable to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be cn,ailable to City. Consultant shall provide the following types and antoimts of insau-dnee: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol I .(Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person, Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1;000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. finsirrance procured pursuant to these requirements shall be written by insurers that are admitted corriers in the stale of California and with an A.M. Bests rating of A- or better and a mininnon financial size V11. Page 1 of 4 General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard I8O endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees,to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "thud party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval,. modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail Page 2 of 4 E written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that an insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consrdtant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the.requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the perfonmance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees.that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. Page 3 of 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiation of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate. and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not theintentof City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against'City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or toss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 4 of MUNIAUD-01 TSILVA ACORO' CERTIFICATE OF LIABILITY INSURANCE °A7(""°°1 nvzo4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE02096 DiBuduo & DeFendis Insurance Brokers, LLC P.O. Box 5479 Fresno, CA 93755-5479 °JA°NME1i0T Tasha Silva tV.NE. 559 432-0222 FAX No: 559 431.7941 E#IAIL ADDRESS: tsilva@dibu.com INSURE S AFFORDING COVERAGE NAICC INSURERA:QBE Insurance Company INSURED INSURER B: Houston Casualty Company INSURER C Municipal Auditing Services INSURER D: I P G BOX 3465 INSURER E: I Pinedale, CA 93650-3465 INSURER F : I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSft LTR TYPE OF INSURANCE POIICYNUI.IBER POLICY EFF MMM POLICY EXP MMO LIMITS A X COMMERCWLGENERALLIABILRY EACH OCCURRENCE s 2,000,005 ci-ws.HADE M w uR X CFB1081991 09119/2013 0911912014 PREMISES IEa oraaers $ 300,00 MED EXP (Any ane person) Is 5,00 PERSDNALSADVINIURY Is 2,000,00 GEM AGGREGATE UNLIT APPLIES PER GENERALAGGREGATE Is 4,000,00 X POLICY JEa LOC PRODIICis-COMPIOP AGG I s 4,000,00 jGLOthLimitDesc I s 2,000,00 OTHER: MOBRE LIABILRY COMBINED SINGLE LIMIT Ea arddeNYOBODILY s INJURY (Per person) s 1nED AUTOSSCHEDULED RKRE�A BODILY INJURY (Per arddert) s PROPERTY DAMAGE I s TOS AUTOSN WNED ( s II�II UMBRELLAUAB o EACH OCCURRENCE IS EXCESS LIAR ( I ClP1MS-IAADEI I AGGREGATE I $ DED I RETEMION S I S WORKERSCOMPENSATION ANDEMPLOYERSLIABRUTY YIN ANY PROPRIEiOR/PARTNER/IXECUiNE in 'EXCLUDEDy NIA STATUTE ER EL EACH ACGDENT $ E.L DISEASE -EA EMPLOYEES yan"tRaAEMNEory IU-16RI PPON OF OPERATIONS beloa E.L. DISEASE - POLICY LIMIT $ 1 002 0,000 .B Fors ors & Omissions I F13102548 11212912013 1212912014 IPerClaim Deductible 50 DESCRIPTIGNOFOPERATIONSILOCATIONSIVEHICLES (ACORD 101, Addidanal Remade ScN dd may be attached it mom space Is rt Wmd) Per written contract Certificate Holder is Named as Additional Insured as respects to General Liability per company form BP 7084 1109 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI Of Moro Bay City y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ms. Susan Slayton - 595 Harbor Street AUTHOR�{IZEDREEPPRR�ES�E%NTATIVE O\ �7 Moro Bay, CA 93442 I ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 70 84 1109 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WHEN REQUIRED BY WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Paragraph C. Who is an insured in Section II — Liability A. Is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional in- sured only with respect to liability for "bodily injury", "property damage" or "personal and advertising in- jury' caused, in whole or in part, by your acts or omissions or the acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing opera- tions; or 2. In connection with your premises owned or rented to you. B. The limits of insurance applicable to the additional Insured are those specified in the Declarations of this Policy or in the written contract, whichever is lower. These limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. C. Any coverage provided hereunder shall be ex- cess over any other valid and collectible insur- ance available to the additional insured whether that insurance is primary, excess, contingent or on any other basis,, unless you and the additional insure have specifically agreed in a written con- tract or written agreement that this insurance be primary. When coverage is provided on a primary basis we will not seek contribution from any other insur- ance available to the additional insured if a written contract or written agreement requires that this insurance be noncontributory. , D. All other terms and conditions of this policy re- main unchanged. Includes copyrighted material of Insurance Services Office, Inc., BP 70 8411 09 with its permission. Page 1 of 1 ..] C " CERTIFICATE OF LIABILITY INSURANCE �ii 2oi4 THIS CERTIFICATES ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES fBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PROOUfER PAYCHEX INSURANCE AGENCY INC 210705 P: F: (888) 943-6112 PO BOX 33015 SAN ANTONIO TX 78265 DOHiACT NAM (888) 453-6112 MDRESi: wsuREWSIAFFDRDwO mvERAGE NAIu wwB RA: Sentinel Insurance Co. Ltd. li000 - wsw:m MUNICIPAL AUDITING SERVICES ILC; WEZRZL, LLC; KEVIN L. 6 DENISE M. WEZGA DO BOX 3465 PINEDALE CA 93650 wsuRER e: wsuR£R c: wsuRFRO: It6lIRER E: p IR F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L\SH M£OFL\ LC NC£ ADDL SOFF MucrllCMF£F £FF ML/CPE\P LrIffn ITRCOMMERCIAL GENERAL UABILRY EACH OCCURRENCE CLNMSMADE ❑OCCUR OMNGE TO RENTED L PREMLSES(Ea F MED ExP (Ay one person) -� - PERSONAL a Aw WJ,RiY �5 AGGREWTE LIMR APMUES PER GENL GENERAL AGGREGATE J CT LOC PRODUCTS-COMPNP AGG OTHER AUTOMOBILE WIBIUTY COMBLNED SMILE UMIT I_ (Ea ame.m) P BODILY W Y (Pv person) PNY AUTO ALL OWNED SCHEDULED BODILY INNRY (PeremOeM) _ P AUTOS AUTOS PFiOPERtt DAMAGE _ HIRED AUTO NON-0WNED AUTOS (PQ amaval P UMBRELLA UAB I OCCUR EACH OCCURRENCE P EXCESS LIAR CLAIMS -MADE AGGREGATE �a:w:vr,a IIOF1rEV C9WEWlT0.V X PER OTN STATOiE EB A.vD £NrtOFFLT[tUlllTy El. EACH ACGDENT 1, 0 0 0/ 0 0 0 PM' PROPNETORIPMTTIERIE%ECIRNE YN A OFFICERTIEMBER EXCLUDED? (M.md.royinNN/ Nu 16 W--G R046i8 10/14/2013 10/14/2014 E.L. DISEASE- EAEMROYEE Fl, 000, 000 If yes,deamb W EL. DISEASE-POUCYLWR 1, 000, 000 DESCRIPTION OF OPERATIONS W. DESCR DOJO OF OPERA TF)NS/LOCATIONS/V CLES(ACORO 101," ivan Remart Srl Ia. may MatlaeMC It man span nq Amcq Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CITY OF MORRO BAY BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORREDREPRESENTATNE 7 e- ATTN: SUSAN SLAYTON 1595 HARBOR ST MORRO BAY, CA 93442 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD El RESOLUTION NO. 45-14 A RESOLUTION APPROVING MORRO BAY GARBAGE SERVICE BASE -YEAR RATE ADJUSTMENT APPLICATION AND ADJUSTING SOLID WASTE COLLECTION RATES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted Resolution 48-01 approving the Garbage; Recycling and Greemvaste Franchise Agreement with Morro Bay Garbage Service (MBGS) for collection services effective January 1, 2002, and setting the initial rates for collection for residential and commercial customers; and WHEREAS, pursuant to Article 8.4, the City will use the guidelines and approach outlined in the'City of San Luis Obispo's "Rate Setting Process and Methodology ltlanual for Integrated Solid 11,aste Management Rates,'" and WHEREAS, on October 7, 2013, MBGS Controller Tom Martin submitted a base year rate adjustment application in conformance with the franchise agreement and rate setting manual requesting a 3.70% increase to solid waste collection rates effective September 1, 2014: and WHEREAS, notices regarding the requested rate increase and interim rate increases for ® January 1, 2015, and 2016, were sent on May 23, 2014, to all property owners and customers and a public hearing regarding that matter was held on July 8, 2014; and WHEREAS, sufficient protests were not received to prevent the rate increase; and WHEREAS, a review of the Base Year Solid Waste Rate Adjustment Application has been completed in accordance with the adopted solid waste rate setting policies. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Section 1. The City Council approves the Morro Bay Garbage Service's Base Year Rate Adjustment Application to increase the solid waste collection rates by 3.70% as outlined in Exhibit A. effective September 1, 2014. Section 2. The City Council approves the increase in solid waste collection rates effective January 1, 2015 and January L 2016 as follows: a. Increase, if any, in the Consumer Price Index (CPI) for Urban '.'age Earners and Clerical Workers U.S. City Average published by the U.S. Department of Labor, Bureau of Labor Statistics for the month of June 2014 for January 1, 2015 and June 2015 for January 1. 2016: b. Increase of 0.93% effective January 1, 2015 and 0.89% effective January 1. 2016 ® for increases in landfill disposal cost; and c. Increase, if any; in the Consumer Price Index (CPI) for Urban Waee Earners and Clerical Workers U.S. City Average published by the U.S. Department of Labor, Bureau of Labor Statistics for increases in A13939 fee cost. 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 July 2014 by the following vote: AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler NOES: None ABSENT: None ABSTAIN: None ATTEST: JAA41E BOUCHER. City Clerk n 11 J V 41E L. IRONS. Fdavor E E EXHIBIT A Morro Bay Garbage SERVICE DESCRIPTION, PICK UPS PER WEEK CURRENT RATE EFFECTIVE= 01/01/13' PROPOSED RATE ADJUSTMENT% - NEW. MONTHLY RATE EFFECTIVE 09101114,- 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 $9.30 3.70% $9.64 ECONOMY RATE One 32 gallon waste wheeler container 1 S14.88 3.70% $15.43 STANDARD RATE One 64 gallon waste wheeler container 1 S29.76 3.70% $30.86 PREMIUM RATE One 96 gallon waste wheeler container 1 $44.64 3.70% $46.29 PREMIUM PLUS RATE One 96 gallon waste wheeler at the premium rate plus an additional charge of: One 32 gallon waste wheeler container 1 $11.77 3.70% $12.21 One 64 gallon waste wheeler container 1 S23.55 3.70% $24.42 One 96 gallon waste wheeler container 1 S35.33 3.70% $36.64 SERVICE AWAY FROM THE STREET CURB Additional per month per can or container char a $8.11 3.70% $8.41 EXTRA COLLECTIONS WITHTICKUP OR FLATBED TRUCK Phone.call.re uired Per garbage can or equivalent volume. Over 6 cans by quotation)S7.42 3.70% $7.69 Overfilled waste wheeler $7.42 3.70% $7.69 Extra recycling $3.72 3.70% $3.86 Extra greenwaste $3.72 3.70% $3.86 Switch waste wheeler more than once per 12 months $27.05 3.70% $28.05 Per white good article/ appliance. (Once a month only) $47.33 3.70% $49.08 Per mattress or boxs rin . $13.53 3.70% S14.03 Chan a waste wheeler size once per year free $27.03 3.70% S28.03 Re -deliver container fee -if pulled for collections $27.03 3.70% $28.03 Tires limit 2 per month S2.71 3.70% $2.81 Tires with rims limit 2 per month $3.80 3.70% $3.94 Replace burned/destroyed waste wheeler 558.85 3.70% $61.03 Replace burned/destroyed lids 558.85 3.70% $61.03 Replace burned/destroyed container $400.00 3.70% $414.80 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 PERWONTW One 32 Gallon Waste Wheeler 1 $30.72 3.70% $31.86 One 32 Gallon Waste Wheeler 2 559.98 3.70% $62.20 One 32 Gallon Waste Wheeler 3 $78.45 3.70% $81.35 One 32 Gallon Waste Wheeler 4 S96.93 3.70% $100.52 One 32 Gallon Waste Wheeler 5 $126.18 3.70% $130.85 One 32 Gallon Waste Wheeler 6 $155.44 3.70% $161.19 One 32 Gallon Waste Wheeler 7 $185-27 3.70% $192.12 One 64 Gallon Waste Wheeler 1 544.59 3.70% $46.24 One 64 Gallon Waste Wheeler 2 $78.45 3.70% $81.35 One 64 Gallon Waste Wheeler 3 5113.87 3.70% $118.08 One 64 Gallon Waste Wheeler 4 $153.88 3.70% 5159.57 One 64 Gallon Waste Wheeler 5 $192.38 3.70% S199.50 One 64 Gallon Waste Wheeler 6 $224.71 3.70% $233.02 One 64 Gallon Waste Wheeler 7 $264.65 3.70% $274.44 One 96 Gallon Waste Wheeler 1 $59.98 3.70% $62.20 One 96 Gallon Waste Wheeler 2 $104.60 3.70% $108.47 One 96 Gallon Waste Wheeler 3 $153.88 3.70% $159.57 One 96 Gallon Waste Wheeler 4 $204.69 3.70% $212.26 One 96 Gallon Waste Wheeler 5 $249.34 3.70% $258.57 One 96 Gallon Waste Wheeler 6 $304.74 3.70% $316.02 One 96 Gallon Waste Wheeler 7 $367.71 3.70% $381.32 COMMERCIAL DUMPSTER CONTAINER SERVICE -In cubic yards 1 Yd Dum ster 1 575.66 3.70% $78.46 -1 Yd Dum ster 2 $117.23 3.70% $121-57 1 Yd Dum ster 3 $151.09 3.70% $156.68 1 Yd Dum ster 4 5189.58 3.70% $196.59 1 Yd Dum ster 5 S218.84 3.70% 5226.94 1 Yd Dum ster 6 $272.70 3.70% 5282.79 1 Yd Dum ster 7 $412.01 3.70% $427.25 1.5 Yd Dum ster 1 S92.59 3.70% $96.02 1.5 Yd Dum ster 2 5152.65 3.70% $158.30 1.5 Yd Dum ster 3 S205.00 3.70% $212.59 1.5 Yd Dum ster 4 $260.42 3.70% $270.06 1.5 Yd Dum ster 5 $312.77 3.70% $324.34 1.5 Yd Dum ster 6 5372.81 3.70% $386.60 1.5 Yd Dum ster 7 $546.91 3.70°/u $567.15 2 Yd Dum ster 1 $111.08 3.70% $115.19 2 Yd Dum ster 2 $194.20 3.70% $201.39 2 Yd Dum ster 3 $260.42 3.70% $270.06 2 Yd Dum ster 4 $331.23 3.70% $343.49 2 Yd Dum ster 5 $405.14 3.70% $420.13 2 Yd Dum ster 6 $479.03 3.70% $496.75 2 Yd Dum ster 7 $687.94 3.70% $713.39 3 Yd Dum ster 1 $143.43 3.70% $148.74 3 Yd Dum ster 2 $260.42 3.70% $270.06 3 Yd Dum ster 3 $366.65 3.70% $380.22 3 Yd Dum ster 4 $465.17 3.70% $482.38 3 Yd Dum ster 5 $602.20 3.70% $624.48 3 Yd Dum ster 6 $694.56 3.70% $720.26 3 Yd Dum ster 7 $938:33 3.70% $973.05 4 Yd Dum ster 1 $189.58 3.70% $196.59 4 Yd Dum ster 2 $352.78 3.70% $365.83 4 Yd Dum ster 3 $489.79 3.70% $507.91 4 Yd Dum ster 4 $654.55 3.70% $678.77 4 Yd Dum ster 5 $819.26 3.70% $849.57 4 Yd Dum ster 6 $927.03 3.70% $961.33 4 Yd Dum ster 7 $1,205.61 3.70% $1,250.22 6 Yd Dum ster 1 $283.99 3.70% $294.50 6 Yd Dum ster 2 S515.63 3.70% $534.71 6 Yd Dum ster 3 $725.97 3.70% $752.83 6 Yd Dum ster 4 $921.03 3.70% $955.11 6 Yd Dum ster 5 $1,192.35 3.70% $1,236.47 6 Yd Dum ster 6 $1,375.22 3.70% $1,426.10 6 Yd Dum ster 7 $1,857.88 3.70% $1,926.62 8 Yd Dum ster 1 $375.36 3.70% $389.25 8 Yd Dum ster 2 S698.50 3.70% $724.34 8 Yd Dum ster 3 S969.78 3.70% $1,005.66 8 Yd Dum ster 4 $1,296.02 3.70% $1,343.97 8 Yd Dum ster 5 $1,622.15 3.70% $1,682.17 8 Yd Dum ster 6 $1,835.52 3.70% S1,903.43 8 Yd Dum ster 7 $2,387.11 3.70% S2,475.43 Sunday Service 1 $57.27 3.70% $59.39 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) NOTE: On January 1 of 2015 and 2016, the foregoing rates shall be increased based on the following: a. Increase, if any, in the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers U.S. City Average published by the U.S. Department of Labor, Bureau of Labor Statistics for the month of June 2014 for January 1, 2015 and June 2015 for January 1, 2016; b. Increase of 0.93% effective January 1, 2015 and 0.89% effective January 1, 2016 for increases in landfill disposal cost; and C. Increase, if anylish, in theb Cothensumer Price Index (CPI) for Urban Wage Earners and Clerical Workers U.S. City Average ubed U.S. Department of Labor Bureau of Labor Statistics for increases in AB939 fee cost. NW