HomeMy WebLinkAboutResolution 01-14 to 44-14® RESOLUTION NO. 44-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING THE COORDINATED GRANT APPLICATIONS FOR BOTH THE
COASTAL COMMISSION LCP GRANT PROGRAM AND THE
OCEAN PROTECTION COUNCIL LCP SEA LEVEL RISE GRANT PROGRAM
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Budget Act of 20L3 provides an appropriation of SI million for Coastal
Commission and S1.2 million for Ocean Protection Council grants in FY 14-15 to local
governments to support Local Coastal Program (LCP) planning; and
WHEREAS, the California Coastal Commission, under the authority of the California
Coastal Act, may provide financial assistance to support coastal planning and has approved a
competitive grant program to provide such financial assistance for LCP planning; and
WHEREAS. the California Ocean Protection Council. under the authority of the Ocean
Protection Act, approved a competitive grant program to provide financial assistance for local
® and regional vulnerability assessments and updates to LCPs and other Coastal Act authorized
plans to address sea -level rise, coastal hazards and other climate change -related impacts; and
WHEREAS, local governments responsible for developing and amending LCPs under
the California Coastal Act are eligible to apply for both the Coastal Commission LCP Grant
Program and the Ocean Protection Council LCP Sea Level Rise Grant Program; and
WHEREAS, the goal of the grant programs are to develop new or updated LCPs in
conformance with the California Coastal Act and to reflect current circumstances and new
scientific information, including new understandings and concern for the effects of climate
change and sea level rise; and
WHEREAS, grant proposals submitted under these grant programs must complete land
use plans and/or zoning work to either achieve submittal for certification of a LCP or of an LCP
Amendment to significantly update a certified LCP or LCP segments, including with special
emphasis on effects of climate change and sea -level rise; and
WHEREAS. the City of Morro Bay has an effectively certified LCP: and
WHEREAS, the City of Morro Bay desires to pursue a project that would result in the
completion and submittal for certification by the California Coastal Commission an Amendment
to update the LCP in whole: 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 completion and submittal for certification by the California Coastal Commission of
an LCP Amendment, that would address such impacts; and
WHEREAS, the City Council has reviewed a summary of the proposed projects for the
Coastal Commission and Ocean Protection Council grant applications (Attached as Exhibit A);
and
WHEREAS, the City of,Morro Bay commits to and agrees to fully support a planning
effort intended to update a certified LCP pursuant to the provisions of the California Coastal Act,
with full public participation and coordination with the Coastal Commission staff. the State
Coastal Conservancy and the Ocean Protection Council in undertaking the project, if approved.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bav
as follows:
1. Staff is directed to submit the grant application package to:
a. the California Coastal Commission to provide financial and planning assistance, under
authority of the California Coastal Act, in the amount of S147,000 to fund the project
more particularly described in the grant application package; and
b. the Ocean Protection Council to provide financial and planning assistance, under
® authority of the Ocean Protection Act, in the amount of $270.000 to fund the project
more particularly described in the grant application package.
2. The Public Services Director is authorized to execute all necessary applications, contracts,
agreements and amendments to implement and cam' out the grant application package and any
project authorized by the grant application.
PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting held on this
24th day of June, 2014 by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ABSTAIN: None
J IE L. IRONS. Ma <or
ATTEST:
® JAMtVBOUCHER, City Clerk
EXHIBIT `A'
City of Morro Bay
2014 Local Coastal Program Planning Grant Application
Summary
For Fiscal Year 2013-2014, Governor Brown and the California Legislature approved an
augmentation of S1 million to the California Coastal Commission's budget to support local
governments responsible for planning under the California Coastal Act (Coastal Act) to develop
or update Local Coastal Programs (LCPs). In September; 2013, the City submitted an
application for the update of the Morro Bay Local Coastal Program that was not funded.
On April 23, 2014 the California Coastal Commission and the Ocean Protection Council
announced a second call for grant applications to support local governments in planning for sea -
level rise and climate change and completing or updating Local Coastal Programs (LCPs)
consistent with the California Coastal Act.
Grants will be administered through the two coordinated grant programs as follows:
• Coastal Commission LCP Planning Grant Program: $1 million available for updating and
certifying LCPs, may include updates to address impacts of climate change and sea -level rise.
• Ocean Protection Council LCP Sea -Level Rise Grant Program (in partnership with the
Coastal Commission and State Coastal Conservancy): $1.2 million available for work that
supports LCP updates, specifically to address sea -level rise, including sea -level rise modeling,
vulnerability assessments, and adaptation planning and policy development.
®" This year, to simplify the process, the two programs are offering a joint application where the
applicant may apply to one or both programs. Staff is preparing such an application for the
2014-2015 FY, requesting Coastal Commission to provide financial and planning assistance,
under authority of the California Coastal Act; in the amount of 5147,000: and requesting the
Ocean Protection Council to provide financial and planning assistance, under authority of the
Ocean Protection Act, in the amount of $270,000.
Background
At the March 26, 2013, goal setting workshop, Morro Bay City Council adopted the update of
the Local Coastal Program/General Plan for current and future land use needs as a major City
goal.
The impetus for the adoption of this major goal was derived from the decades -old age of the
City's planning documents, feedback from the community. and City staffs efforts to protect and
regulate natural resources with outdated technical studies, changing climate science, and
potentially inconsistent land uses present on the City's land use map. The City committed to
update its Local Coastal Program and General Plan within the next two to three years from the
workshop.
The grant application presents the City's request for financial assistance to support preparation of
the City's Local Coastal Program (LCP). The goal is to merge the LCP into a new, unified
® single LCP/General Plan document that. provides the community's vision and accompanying
policy and regulatory framework consistent with state regulations and guidelines.
The LCP will include implementing standards that maintain coastal access, adapt to sea level
rise, and protect and improve environmentally sensitive habitats and coastal resources, including
the Morro Bay National Estuary.
There are four key objectives to achieve the City's goal to have an updated LCP that presents
current and future coastal land use needs and prepares the City's working waterfront and coastal -
dependent industry to thrive in future climate, economic, natural, and social conditions.
Key Objectives
• Develop an accurate inventory of existing coastal land uses and environmentally sensitive
resources.
• Use the City's Sea -Level Rise Vulnerability Assessment project as a framework for
completing a comprehensive climate change vulnerability assessment.
• Engage the community in the planning process, and enhance working relationships with
stakeholders to support adoption and certification of the LCP update.
• Collaborate with the Coastal Commission as a partner in the LCP/General Plan process.
The LCP update is part of a comprehensive LCP/General Plan update process, and complete
technical analysis and policy development is in support of the LCP/General Plan update.
The joint LCP Update and Sea -Level Rise Grant application includes tasks and deliverables per
the draft budget below:
Task
Total Cost
Allocation of total cost among all funding sources
Match
Funding t1I
In -kind
Funding tZI
LCP Grant
Funding
SLR Grant
Funding (3)
Project Management and
Grant Administration
$ 19,000
$
$ 3,000
$ 8,000
$ 8,000
Intergovernmental
Coordination
$ 40,000
$ 6,000
$ 12,000
$ 11,000
$ 11,000
Outreach and Engagement
$ 73,500
$ 7,500
$ 25,000
$ 25,000
$ 16,000
Opportunities and
Constraints
$ 196,000
$ 22,000
$ 4,000
$ 25,000
$ 145,000
Evaluation
$ _ 88,000
$
$ 2,000
$ 11,000
$ 75,000
Land Use Planning
Documents
$ 25,500
$
$ 3,500
$ 22,000
Implementing Ordinances
$ 32,000
1 $
1 $ 3,0001
$ 29,000
Final Documents
$ 31,000
$
1 $ 9,0001
$ 16,000
$ 6,000
: _
$ 505,000
.$ 44,000,,.$":44000
$ ___14.7,000
$ 270,066
® RESOLUTION NO.42-14
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING THE 2014/15 FISCAL YEAR OPERATING BUDGETS
THE CITY COUNCIL
City of Morro Bay, California
NVHEREAS, the City of Morro Bay is required to appropriate and expend public funds
to conduct the day-to-day business activities of the City; and
WHEREAS, the Morro Bay City Council finds and determines that these appropriations
are necessary for continued efficiency, economy and effectiveness of the City government
operations; and
WHEREAS, the City Council recognizes that Capital Improvement Projects authorized
and approved in prior.ftscal years may not be completed by June 30, 2014; and
WHEREAS, the continuing efforts of staff to operate the business of the City within an
approved budget and to create savings wherever feasible are acknowledged by the City Council;
and
® WHEREAS, Section 37208 of the California Government Code provides that payments
or demands conforming to an approved budget adopted by Ordinance or Resolution do not
require audit by the City Council prior to payment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay. California. that:
1. The Fiscal Year 2014/15 Operating Budgets are adopted, including any amendments
made at this meeting, which will be attached to this Resolution; and
2. Staff is directed to prepare and publish a final budget document; and
3. The City Manager is authorized to transfer appropriations within the adopted budget, so
long as the appropriations' changes do not have a significant policy impact, and total
appropriations are not exceeded; and
4. City Council approval is required to transfer appropriations between funds, capital
projects, or capital outlay items; and
5. City Council authorizes and directs the transfer of balances for capital projects approved
in prior fiscal years, but not completed by June 30, 2014, to the Capital Improvement
® Project Fund(s) for the 2014/15 fiscal year; and
® 6. City Council directs that the hiring freeze for positions in the City workforce continue for
those positions funded within the General Fund, with the exception of safety personnel;
and the City Council reserves the right to review any requests to fill vacancies on a case -
by -case basis: and
City Council chooses to continue to defer the remaining 2.5% of the 2009/10 deferral of
the management and executive employees' 3% Cost -of -Living Adjustment (COLA);
8. Per Council minute order May 24, 2004, any expenditures, in excess of the assessments
received for the Cloisters Assessment District, will be subsidized by the General Fund,
without additional request made to City Council; and
9. The City will consider reducing the amount of General Fund support to the Morro Bay
Tourism Bureau and other outside funding requests with its 2015/16 budget.
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular
meeting thereof held on the 24 h day of June, 2014, by the following vote:
AYES: Irons, C. Johnson, Leage. Smukler
® NOES: N. Johnson
ABSENT: None
ATTEST:
JAB BOUCHER, City Clerk
[I
JA IE L. fRONS, Mavor
RESOLUTION NO. 42-14
® ATTACHMENT
Amendments to the 2014/15 Budget Document
Funding requests approved for:
1. Housing Trust Fund ($1,000);
2. Senior Nutrition ($5,000);
3. SCORE ($1,000);
4. Morro Bay Tourism Bureau, events (540,000);
5. Chamber of Commerce "Doing Business in Morro Bay" program (S 10,000); and
6. Visitors Center ($100,000)
2
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RESOLUTION NO.41-14
® RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
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)
WHEREAS, pursuant to the applicable provisions of the planning and land use law
(California Government Code sections 65300 et. seg.), studies were commenced for the purpose
of considering the City's need for amending the Housing Element of the General Plan; and
WHEREAS. a draft Housing Element, attached as Exhibit 'A' and which has been
incorporated by reference, has been prepared for the planning period 2014-2019 and submitted to
the City Council for review and approval; and
WHEREAS, the draft Housing Element consists of an extensive analysis with supporting
appendix, and comprehensively addresses the statutory requirements of Government Code
section 65583 relating to housing element requirements: and
WHEREAS, City staff has been in consultation with the State of California Department
of Housing and Community Development (HCD) regarding compliance with Government Code
® section 65583, including City consideration of HCD guidelines; and
WHEREAS, the San Luis Obispo .Council of Governments (SLOCOG) adopted and
released a Final Report on its Regional Housing Needs Assessment establishing regional fair
share housing allocations for each City in San Luis Obispo County; and
WHEREAS, the City submitted drafts of the City's proposed Housing Element to HCD
for comment and revision; and
WHEREAS. HCD suggested revisions to the draft Housing Element that have been
incorporated into the draft Housing Element as submitted to the City Council: and
WHEREAS. HCD has made findings pursuant to Government Code subsection 65585(b)
stating the draft Housing Element as attached hereto is in substantial compliance with housing
element statutory requirements: and
WHEREAS, the draft Housing Element has been subject to environmental review under
the California Environmental Quality Act (CEQA): and
WHEREAS, the Planning Commission held a noticed public hearing at the Morro Bay
Veteran's Hall on June 17, 2014, after which the Planning Commission recommended the City
Council adopt the Negative Declaration and proposed Housing Element; and
WHEREAS, the City Council has conducted a noticed public hearing on June 24, 2014
® to receive comments and consider the proposed amendment to the Housing Element; Case No.
A00-021 on file with the Planning Division of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro
Bay. California, as follows:
SECTION 1. The City Council relied upon the evidence presented at the public
hearing in making the determinations set forth in this Resolution and in reaching the conclusions
set forth in Sections 2 and 3.
SECTION 2. The City Council at the time of the public hearing on the above
matter reviewed and considered the proposed Initial Study and Negative Declaration; relating to
the Housing Element Amendment (SCH #2014051053) and based on that review finds and
determines the following:.
a) The public review period for the Negative Declaration began on May
14, 2014 and ended on June 13. 2014; and
b) No comments were received from the State Clearinghouse on the
proposed Negative Declaration; and
c) There is no substantial evidence the proposed project (Housing
® Element Update) will have a significant effect on the environment; and
d) Based upon its public review, the City Council has determined there is
no substantial evidence the amendment will have a significant impact on the
environment; and.
e) Based on the foregoing, adopts the Negative Declaration.
SECTION 3. The City Council does hereby find, determine and declare as
follows:
a) The City Council has conducted a noticed public hearing on the
proposed amendment to the Housing Element, Case No. A00-021 on file with the
Planning Division of the Public Services Department of the City, and an
environmental analysis. as hereinabove described; and
b) The proposed Housing Element Update is consistent with the goals;
policies, and objectives of the City's General Plan/Local Coastal Program in that
it encourages a balanced approach to achieving a range of housing opportunities
and designates sites noted for residential purposes at densities consistent with the
goals of providing housing to households within the full range of incomes.
Further, the Housing Element Update is internally consistent with other land use
® goals and policies of the General Plan and Local Coastal Program; and
c) The proposed amendment will not conflict with the.provision of the
® Citv's Local Coastal Program, Zoning Ordinance, subdivision regulations or anv
applicable specific plan. The proposed Housing Element Update contains goals,
policies, and implementation programs related to the development and
rehabilitation of housing throughout the City and serves the goals and purposes of
the Local Coastal Program, yZoning Ordinance, subdivision regulations and
existing specific plans. The proposed Housing Element Update does not conflict
with the City's Local Coastal Program, Zoning Ordinance or State Housing Law.
El
SECTION 4. Based on all the foregoing, the City Council hereby approves and
adopts the Housing Element Update, Case No. A00-021. to delete the existing Housing Element
and replace the same in its entirely with the attached Housing Element of the General Plan for
the 2014-2019 Planning Period as amended by City Council on June 24, 2014 with minor non -
substantive corrections by the State of Califomia Department' of Housing and Community
Development.
SECTION 5. Except as expressly amended herein including Exhibit A or as the
context otherwise requires, all the terms and provisions of the existing General Plan/Local
Coastal Program shall remain in full force and effect.
SECTION 6. The City Clerk shall certify to the adoption of the Resolution and
shall forward a copy hereof to the Secretary of the Planning Commission. The Planning Division
shall file the Notice of Determination and the Fish and Game Paperwork with the San Luis
Obispo County Clerk.
PASSED, APPROVED AND ADOPTED by the City of Morro Bay City Council at a
regular meeting held on this 24 s day of June, 2014 by the following vote:
AYES:
Irons, C. Johnson_. N
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
l�
JAMI OUCHER, CITY CLERK
Johnson, Leage, Smukler
JA IE L. IRONS. MAY
CITY OF
MORRO BAY
2014-2019 HOUSING ELEMENT UPDATE
ADOPTION DRAFT, JUNE 2014
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PREPARED Bt:
PMC-
860 WALNUT STREET, SUITE B
SAN LUIS OBISPO, CA 93401
PHONE: (805) 250-7970
(866)828-6762
W W W.PMCWORLD.COM
•
HOUSING ELEMENT UPDATE
TABLE OF CONTENTS
1. Introduction...........................................................................................................................1
Content of the Housing Element................................................................................................................I
DataSources...................................................................................................................................................2
General Plan/Local Coastal Plan Consistency..........................................................................................3
PublicParticipation........................................................................................................................................3
CoastalZone Requirement.........................................................................................................................11
2. Housing Needs Assessment.........................................................................................................13
Population Characteristics..........................................................................................................................13
HouseholdCharacteristics..........................................................................................................................19
HousingStock Characteristics....................................................................................................................21
HouseholdIncome ................................................
.............................................................. ....................... 28
• Housing Costs and Affordability...............................................................................................................29
SpecialNeeds Groups.................................................................................................................................34
3. Adequate Sites Inventory .............................................................................................................43
Infrastructure................................................................................................................................................51
4. Constraints ........... ........................................................
................................................................. 53
GovernmentalConstraints.........................................................................................................................53
Non -Governmental Constraints................................................................................................................74
5. Energy Conservation Opportunities...........................................................................................
77
6. Review of Previous Housing Element.......................................................................................83
7. Objectives, Policies, and Programs...........................................................................................115
QuantifiedObjectives Summary ................................................................................................_...........
134
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CITY OF MORRO BAY JUNE 2014
HOUSING ELEMENT UPDATE
LIST OF TABLES
Table 1: Coastal Zone Affordable Housing Documentation................................................................12
Table 2: San Luis Obispo County Population Change, 2000-2013.......................................................13
Table3: Population Growth..................................................................................................................14
Table 4: Age Characteristics, 2000-2010...............................................................................................15
Table 5: Age of Householder by Tenure..............................................................................................16
Table6: Employment by Industry Type, 2010......................................................................................17
Table 7: San Luis Obispo -Paso Robles Metropolitan Statistical Area Projections of Employment .... 18
Table8: Travel Time to Work...............................................................................................................19
Table 9: Households Trends, 2000-2010..............................................................................................19
Table 10: Tenure by Persons per Room, 2011......................................................................................
20
Table 11: Tenure of Occupied Housing Units, 2010............................................................................
20 •
Table 12: Household Size by Tenure, 2011...........................................................................................21
Table 13: Increase in Housing Units, 2000 and 2013............................................................................21
Table 14: Housing Units by Occupancy Status, 2011..........................................................................
22
Table 15: Occupied Housing Units by Type, 2013..............................................................................
23
Table 16: Housing Units by Age, 2000-2008........................................................................................
24
Table 17: Housing Condition Survey Criteria......................................................................................
26
Table 18: Housing Conditions in Target Income Groups, Morro Bay, 2004......................................
27
Table 19: Maximum Household Income Level by Household Size, 2014...........................................
28
Table 20: Household Income, 2012.....................................................................................................
29
Table 21: Annual Median Sales Price, 2012-2013.................................................................................
30
Table 22: Residential Rental Prices, Morro Bay, 2014.........................................................................
30
Table 23: Housing Affordability by Income Level..............................................................................
32
JUNE 2014
CITY OF MORRO BAY
•
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•
HOUSING ELEMENT UPDATE
Table 24: Total Households Overpaying by Income, 2011........................................ ...„..................... 33
Table 25: Housing Problems for All Households, 2000.......................................... ........... _................ 34
Table 26: Persons with a Disabilitv by Disability Type, 2000.................... „............... .... .................... 35
Table 27: Persons with a Disability by Employment Status ..................................................... .......... 35
Table 28: Developmentally Disabled Residents by Age ............................................. ........... „............ 37
Table 29: Developmentally Disabled Residents by Residence Type ........................ ................ „........ 37
Table 30: Senior Residents, 2000-2010.......................................................................„........................38
Table 31: Senior -Headed Households by Tenure, 2011........................................... „... „..................... 38
Table 32: Female -Headed Households...............................................................................................
40
Table 33: Homelessness, San Luis Obispo County..._ .... .................. _................................................
40
Table 34: Home City by Shelter Population, 2013... ...„.......................................................................
40
• Table 35: Inventory of Assisted Units..................................................................................................
42
Table 36: Morro Bay Regional Housing Needs Allocation Progress..................................................43
Table 37: Comparison of Regional Growth Need and Residential Sites .............................................
45
Table38: Land Inventory .....................................................................................................................
46
Table 39: Zoning Districts That Allow Residential Uses....................................................................
54
Table 40: Residential Zoning Criteria.................................................................................................
58
Table 41: Housing Types Permittcd by Zone......................................................................................
65
Table 42: Typical Processing Procedures by Project Type.................................................................
70
Table 43: Proportion of Fee in Overall Development Cost for a Typical Residential Development.. 73
Table44: Interest Rates.......................................................................................................................
76
Table 45: Review of 2009 Housing Element........................................................................................
83
Table 46: Quantified Objectives Summary (2009-2014).....................................................................134
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CITY OF MORRO BAY JUNE 2014
iii
HOUSING ELEMENT UPDATE
LIST OF FIGURES
Figure 1: Survey Participant Prioritization of Housing Needs by Special Needs Group ...................... 9
Figure 2: Census Block Groups........................................................................................................... 25
Figure3: Land Inventory ..................................................................................................................... 49
Appendix A: Master Fee Schedule
JUNE 2014 CITY OF MORRO BAY
iv
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• HOUSING ELEMENT UPDATE 0
1. INTRODUCTION
The Housing Element is one of the seven State -mandated elements of the City's General Plan. The
Housing Element is updated every five years to identify recent demographic and employment trends
that may affect existing and future housing demand and supply. The Housing Element serves as a
tool to identify and provide for the housing needs of the community. The Housing Element
addresses the City's ability to meet the regional housing needs as determined by the State of
California. The City has developed a set of objectives and specific policies and programs for the
production of housing to meet the needs of all Morro Bay citizens.
A Housing Element is required by California law to establish policies and programs that will support
the provision of an adequate housing supply for citizens of all income levels. The intent of state law
is to ensure that all jurisdictions in the state provide adequate housing to all members of the
community. While the State reviews the Housing Element to ensure compliance with housing law,
each jurisdiction must identify its particular issues to successfully address its housing needs.
This document provides a detailed assessment of the existing housing stock in Morro Bay, including
data on housing types, physical condition, cost, and availability. The report also examines special
housing needs populations such as the elderly, persons with disabilities, farmworkers, and the
homeless. It also identifies opportunities for energy conservation when housing is constructed or
• remodeled. The report assesses the effectiveness of past housing programs. The availability and
capactty of land and public services for housing development are examined along with factors that
may constrain the production of affordable housing
•
An understanding of existing housing conditions in the city is necessary as a basis for new Housing
Element policies to guide the use and development of housing that will be adequate and affordable.
In addition to this focused information, throughout the document, comparisons to San Luis Obispo
County demographics and statistics will be used to identify possible issues or pertinent relationships.
This assessment is representative of the larger area and informative of the trends the entire county is
experiencing, helping to gain a better understanding of the city in a regional context.
State law is more specific about the content of the Housing Element than any other portion of the
General Plan. That specificity is reflected in the detailed demographics and other data contained
herein. The Housing Element is also the only part of the General Plan that is subject to mandatory
deadlines for periodic updates. Except for the Local Coastal Plan, it is the only element that is
subject to review and "certification" by the State.
CONTENT OF THE HOUSING ELEMENT
The Housing Element contains the following information as required by state law:
• Analysis of population and employment trends and documentation of projections and a
quantification of the locality's existing and projected housing needs for all income levels.
CITY OF MORRO BAY JUNE 2014
HOUSING ELEMENT UPDATE
• Analysis of any special housing needs populations, such as those with disabilities, the elderly,
large families, farmworkers, homeless persons, and single -parent households.
• Analysis and documentation of household characteristics including level of payment compared
to ability to pay, and housing characteristics including the extent of overcrowding and an
estimate of housing stock conditions.
• Analysis of potential and actual governmental constraints on the maintenance, improvement, or
development of housing for all income levels. These constraints include land use controls,
building codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures.
• Analysis of potential and actual non -governmental constraints on the maintenance,
improvement, or development of housing for all income levels, including the availability of
financing, the price of land, and the cost of construction.
• Site -specific inventory of land suitable for residential development, including vacant and
underutilized sites, and an analysis of the relationship of zoning, public facilities, and City
services to these sites.
Analysis of opportunities for energy conservation with respect to residential development. •
• Analysis of the existing and projected needs including the locality's share of the regional housing
need in accordance with Government Code Section 65584.
The California Department of Housing and Community Development (HCD) developed a data
packet for jurisdictions in San Luis Obispo County that contains much of the information required
for the Housing Needs Assessment of this Housing Element and is the primary source of data for
this document. Where additional information is required, the US Census, which is completed every
10 years, is the preferred data source, as it provides the most reliable and in-depth data for
demographic characteristics of a locality. This report uses the 2010 US Census for current
information and the 2000 US Census to assess changes since the year 2000. The California
Department of Finance (DOF) is another source of data that is more current than the Census.
However, the DOF does not provide the depth of information that can be found in the 2010 US
Census. Whenever possible, the San Luis Obispo County data packet, DOF data, and other local
sources were used in the Housing Needs Assessment in order to provide the most current profile of
the community.
The 2010 US Census did not collect information in several categories that are required for the
Housing Needs Assessment. Where this is the case, historical DOF data is used. Where DOF data is
not available, information from the 2000 US Census is retained. In cases where this is not feasible or
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JUNE 2014 CITY OF MORRO BAY
HOUSING ELEMENT UPDATE
useful, this assessment references US Census Bureau American Community Survey (ACS) data. The
ACS provides estimates of numerous housing -related indictors based on samples averaged over a
five-year period. Whereas the US Census provides complete counts of various demographic
indicators, the ACS provides estimates based on statistically significant samples. Due to the small
size of the sample taken in Morro Bay, the estimates reported by the ACS have large margins of
error. Where ACS data is used, the numbers should not be interpreted as absolute fact, but rather as
a tool to illustrate general proportion or scale.
Information on available sites and services for housing comes from numerous public agencies.
Information on constraints on housing production and past and current housing efforts in Morro
Bay comes from City staff, other public agencies, and some private sources.
The City's Land Use Element and Local Coastal Plan currently designate the sites noted in this
Housing Element for residential purposes at densities consistent with the goals of providing housing
to households within the full range of incomes. The policies in this Housing Element will guide that
process, ensuring internal consistency among the elements. Due to the passage of Assembly Bill
(AB) 162 relating to flood protection in 2007, the City may be required to amend the Safety and
Conservation elements of the General Plan. If amendments are needed, the Housing Element will
• be amended to be consistent with the Safety and Conservation elements.
is
State law requires that "the local government shall make a diligent effort to achieve public
participation of all economic segments of the community in the development of the housing
element ..." (Government Code Section 65583).
In order to satisfy this requirement, the City conducted a series of community meetings and public
hearings to receive community input concerning Morro Bay's housing goals, policies, and programs.
(Descriptions of these meetings are listed below.) In addition, the Housing Element was posted on
the City's website during the element's 60-day public review period to ensure it was available to all
community members.
The public workshop on March 12, 2014 was noticed in the newspaper as well as on the City's
website. In an effort to reach all segments of the community, the City mailed public hearing notices
and the Notice of Availability (NOA) to the agencies and groups fisted below. Additionally, all
public meeting and hearing were broadcast on the City's governmental access channel. Recordings
of meetings were broadcast at several times after the initial meeting for those who weren't available
to watch live.
• SLO Green Build
• US Green Building Council — C4 Chapter
CITY OF NtORRO BAY DUNE 2014
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HOUSING ELEMENT UPDATE
• Northern Chumash Tribal Council
• San Luis Obispo Housing Trust Fund
• Salinan Tribe of Monterey & San Luis Obispo Counties
• SLO County Chumash Council
• People's Self -Help Housing Corporation
• Habitat for Humanity
• City of Morro Bay Planning Commission and City Council
Public Workshop, March 12, 2014
•
The City held a public workshop with the Planning Commission to solicit input from city residents
on March 12, 2014. The format for this meeting was a presentation with an overview of the 5' cycle
Housing Element update process and solicited input from the Planning Commissioners and meeting
attendees on housing needs in Mono Bay.
The following is a listing of the comments received from public input: •
• There are many older residents and they can be picky. This can make younger people and
families feel unwelcome.
• Let people know about housing opportunities in the city
• More young people would contribute to the vitality of the city.
• The rehabilitation program that the City used to administer didn't work for many households
because they didn't have equity in their home and that was needed to qualify for the program.
• Challenging for employers to recruit and retain the workforce they need.
• Economic Vitality Corporation's Building and Designing Cluster put out countywide workforce
housing survey. The purpose was to hear from employers and employees about housing needs
and preferences.
• 87 percent of employers say workforce housing is needed.
• 88 percent of employees said it was very difficult to find housing.
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• City should define workforce housing. Suggest using the County's definition of 120 to 160
percent of area median income (AMI).
• Infrastructure costs are a significant constraint to building housing affordable to the workforce
categories. City could pursue options for infrastructure financing.
The following is a list of the comments received from the Planning Commission:
• Seems Morro Bay fell short on accommodating the units the City committed to in the previous
Housing Element. It would be good to know what -the results were.
• The city definitely needs housing. We have homeless and older folks that need additional care.
• There would be of a demographic shift looking back 20 or more years as opposed to 2000 to
2010.
• The indices on the percentages of people in the various age groups in the city didn't change in
those 10 years, but the people involved and replacement populations have changed quite a bit.
• As a demographically stable community, how do we find the resources to be able to push along
• or get some of these programs to completion, especially with the state cutting back?
is
• Morro Bay's demographics are atypical. Any indication why that's the case and why that
continues to be the case? If one of the main factors that keeps Morro Bay's population older is
retirement, then housing needs are different than in other places.
• The price of land here puts the city out of affordability range.
• Do we get credit for granny or secondary, units?
• There are many interesting issues that have led Morro Bay to where it is today; the fishing
collapse and power plant changes removed middle -income family incomes. On the other hand,
there is the significant group of retirees.
• The amount of agriculture in the Mono Creek area is changing drastically. There is more land in
irrigation. Are there migrant farmworker issues that we need to address?
• It should also be noted that because of Morro Bay's hotels and tourist -serving amenities, our
10,000-person resident population is on a relatively small footprint.
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HOUSING ELEMENT UPDATE
• It seems like one of the groups that we aren't reaching is the young families. Although numbers
stayed constant from 2000 to 2010, we're not seeing kids up and down streets like they used to.
How can the problem be addressed? Can telecommuting or other options be employed to make
Morro Bay more attractive to that type of population?
• Should consider what the community wants looking forward for, instead of just looking back.
• Consider city broadband ordinance for telecommuting. Would that be a goal that could be in the
Housing Element?
• There is little opportunity for young families to purchase for -sale housing.
• According to the 2009 Housing Element, 83 percent of housing stock is 25 years or older, and
more of it is 50 years or older. How do we address that in the Housing Element? How do we
allow for upgrades/remodeling? The City has had a rehabilitation program in the past; there
have also been some countywide efforts.
•
• Can we start to look at where eiristing zoning precludes housing? One area only allows houses by
themselves, other areas allow multi -family. It would be helpful to allow residential uses on upper
floors in the Embarcadero area. It could make that area livelier at night and provide options for •
renters.
• The idea of transitional and emergency shelters is good. The City should support it. People who
are in need don't necessarily have mobility. The City doesn't need a large facility, but it is a need
in our community. We see homeless people on the street. Resources for people in crisis need to
be in the community and not elsewhere.
• All of these issues are related. How we look at zoning inhibits certain groups/snakes things
economically viable. The city doesn't have many parcels. We have to be creative to make things
work. To accommodate more housing and more types of housing, the City either needs to
increase density or find other opportunities where residential uses aren't currently allowed.
• The City should also look at the needs of recruited businesses.
• Addressing workforce housing would address a lot of the topics that have been brought up.
• Rehabilitation is a great idea. It fits well into the greenhouse gas reduction program that the City
has talked about. On the other hand, older houses are often the most affordable. It is important
not to reduce affordable housing stock due to rehabilitation efforts.
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HOUSING ELEMENT UPDATE
Stakeholder Roundtable Discussion, March 18, 2014
The City held a roundtable discussion with stakeholders on March 18, 2014. Over 30 housing
stakeholders were invited to attend via email. The format for this meeting was a small informal
group discussion with a set of questions to elicit discussion. Five stakeholders, one City staff person
and two members of the consultant team attended the meeting. The five attendees included real
estate agents, a for -profit developer, a representative of People's Self -Help Housing (PSHH), a
nonprofit affordable housing developer; and a Morro Bay resident. The following input was received
from the stakeholders:
• Most seniors live independently as long as they can.
• Many of the remaining vacant residential lots have significant environmental constraints
including slopes and being located in or partially in environmentally sensitive habitat (ESH)
areas.
• People's Self -Help Housing builds affordable sweat equity ownership affordable rental housing
on the Central Coast.
o They usually require a local funding match of approximately 20 percent.
• o Many of their projects are funded through tax credit financing.
•
o Funds from a community's inclusionary housing in -lieu fee fund can be used towards the
20 percent match.
o PSHH looks for opportunities to build on surplus land owned by local jurisdictions as
the up front costs for the land can be much less under this scenario.
o The recently passed Farm Bill did not alter Morro Bay's USDA status in terms of the
opportunity to pursue USDA funding and Mono Bay remains in the rural category.
• It is important to keep lenders informed of funding opporturaties. For example the County's
fast -time homebuyer program.
• Parking exceptions can be granted in Morro Bay.
• Compact development and infill should be promoted in Morro Bay
Online Survey
The City prepared and hosted an online survey on its website. The survey was designed to be
accessible to stakeholders and members of the general public and was available between March 18,
CITY OF MORRO BAY JUNE 2014
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HOUSING ELEMENT UPDATE
2014, and April 1, 2014. The survey was advertised to the general public via the City's website and
distributed to key stakeholders via e-mail.
Thirty one Morro Bay residents completed the survey, providing feedback on the availability of
housing, factors that influence housing decisions, and the perceived level of importance of special
needs groups in the City. Approximately 90 percent of survey participants own their own home
(compared with the city's 53 percent homeownership rate, see Table 11), which suggests that
responses may be skewed to reflect the views of homeowners. The survey results are presented here
for informational purposes and provide the best available information about the respondents'
housing related opinions.
Over 60 percent of participants reported that renting and purchasing safe, decent, and affordable
housing in Morro Bay is either somewhat difficult or very difficult for the average person or family.
Nearly 75 percent of respondents identified land and construction costs as severe constraints to
accessing quality housing. Other constraints include insufficient income, which was identified as a
severe constraint by 67 percent of respondents, and development fees, which were identified as a
severe constraint by 40 percent of respondents.
L�
As illustrated in Figure 1, respondents identified seniors and lower -income families as the highest
priority special needs groups in the City. The City's current housing may become more accessible to
these special needs groups through Housing Element policies such as Policy H-18 (Senior Housing), •
Policy H-6.a (General Affordability), and Policy H-5 (Housing Costs). Respondents also identified
single -parent households, the homeless, disabled persons, and persons with developmental
disabilities as general priorities.
11
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HOUSING ELEMENT UPDATE
Youth Aging Out of Foster Care
Single -Parent Households
Seniors (65 and older)
Lower Income (earning less than
$60,300 annually for a household..
Large Families (5 or more persons)
Homeless
Persons with Developmental
Disabilities
Disabled Persons
0 5 10 15 20 25 30
0 Not a Housing Need ■ Low Priority ■ Medium Priority E. High Priority
Public Hearing, April 15, 2014
The City presented the public renew draft Housing Element at the Planning Commission meeting
on April 15, 2014. The Planning Commission recommended that the draft be amended to include
seven additional programs and submitted to HCD for review. The additional programs are listed
below.
• Program H-1.4 call for the City to inventory vacant and underutilized lots in and adjacent to
the downtown business district and identify areas to consider for rezoning to high density
residential or mixed use and modify the City's zoning map as appropriate.
• Program H-1.5 states that the City will consider establishing minimum densities in the R-3,
R-4 and MCR zoning districts.
• Program H-1.6 call for the City to explore the option of expanding the number of liveaboard
slips in the City.
• Program H-6.6 calls for the City to consider amending the Community Housing Ordinance
to require that housing units developed under the ordinance be restricted for those with
moderate or lower incomes.
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HOUSING ELEMENT UPDATE
Program H-22.4 states that the City will consider adopting an ordinance requiring active or
passive solar features or other renewable energy generating systems in all new residential
construction.
Program H-22.5 directs the City to consider establishing a rotating fund providing low -
interest loans for energy upgrades.
• Program H-22.6 call on the City to consider adopting an ordinance that requires as a
condition of approval for a permit to expand or modify a residential dwelling, that the entire
residence be brought into compliance with Title 24 of the California Code of Regulations.
Everyone on the mailing list received notice of these meetings to encourage participation in the
hearings and to provide input on the draft Housing Element. No members of the public provided
comments.
Public Hearing, xxxxxxx
[to be completed after public outreach is complete]
Other Input Received
The City received a comment letter from the Homeless Services Oversight Council (HSOC) on
March 11, 2014. The letter included information about the homeless needs in San Luis Obispo
County and formal recommendations for the Morro Bay Housing Element update. The following
needs and statistics were mentioned:
San Luis Obispo County's has a severe need for extremely low, very low and low income rental
housing. Overpayment is a serious issue for these income categories.
• San Luis Obispo County has a higher rate of homelessness than San Francisco, New York City
and Los Angeles County.
• 90 percent of the homeless population in San Luis Obispo is unsheltered which is the fourth
highest percentage of unsheltered homeless of the 415 areas surveyed.
The following specific recommendations were provided:
• Adjust development impact fees to be lower for smaller units and higher for larger units.
• Allow and encourage SROs (studio apartments as small as 150 square feet), boarding houses and
rooming houses and rooming houses in all areas that allow multi -family housing.
• Allow and encourage manufactured homes and park models to be used as second units.
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•
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HOUSING ELEMENT UPDATE
• Consider floor area ratios, rather than number of dwelling units, when setting density limits for
affordable housing.
• Allow more and larger group homes and residential care facilities to be built and operated in all
zones where residential uses are allowed.
• Encourage more apartments by allowing higher densities, removing barriers that limit achieving
maximum densities and streamlining the approval process.
A resident of North Morro Bay and realtor provided comments via phone. The resident stated that
the vacant properties zoned R-4 should be used or encouraged to be used for affordable housing.
They also referenced a City owned lot at the corner of San Jacinto and Coral.
Communities located within coastal zones are required to review coastal zone affordable housing
obligations including the preservation of existing occupied units affordable to low- or moderate -
income households and where feasible include low- and moderate -income housing in new
developments.
• To assist a locality's determination of whether the affordable housing stock in the coastal zone is
being protected and provided as required by Section 65590, the element must contain data on
the new construction, demolition, conversion, and replacement of housing units for low- and
moderate -income households within the coastal zone, including the following.
1. The number of new housing units approved for construction within the coastal zone (after
January 1982).
E
2. The number of housing units for persons and families of low and moderate income required to
be provided in new housing developments either within or within 3 miles of the coastal zone.
3. The number of existing residential dwelling units occupied by low- and moderate -income
households required either within or within 3 miles of the coastal zone that have been
authorized to be demolished or converted.
4. The number of residential dwelling units for low- and moderate -income persons and families
that have been required for replacement (of those units being demolished or converted) within
or within 3 miles of the coastal zone, and designate the location of the replacement units in the
housing element review for coastal zones.
The entirety of the city's housing stock is located within three miles of its coastal zone and includes
a total of 126 affordable housing units; all of these units were constructed after 1982. These units
provide housing for low- and moderate -income households. No units have been demolished and
CITY OF MORRO BAY JUNE 2014
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HOUSING ELEMENT UPDATE
therefore none have needed replacement. Table 1 presents coastal zone affordable housing
documentation.
New housing units approved for construction within the coastal zone since
Approximately
January 19821
2,000
Housing units for persons and families of low- or moderate -income required
to be provided in new housing developments within the coastal zone, or
126
within 3 miles2
Existing residential dwelling units occupied by low- and moderate -income
households required either within the coastal zone or within 3 miles of the
0
coastal zone that have been authorized to be demolished or converted since
January 19823
Residential dwelling units for low- and moderate -income households that
0
have been required for replacement4
'Estimate based on 2000 Census and City building permits issued between 2009 and 2014.
2Total affordable housing units already built or approved based on affordable housing within 3 miles of the
Morro Bay coastal zone.
3No required affordable housing has been demolished or converted. •
'Since 2009, no low- and/or moderate -income units in the coastal zone have been required for
replacement.
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2. HOUSING NEEDS ASSESSMENT
The Housing Needs :Assessment is the section of the Housing Element that presents the
characteristics of the city's population and housing stock as a means of better understanding the
nature and extent of unmet housing needs.
POPULATION CHARACTERISTICS
The type and amount of housing needed in a community is largely determined by population growth
and demographic characteristics such as age, household size, occupation, and income.
According to the DOF, the population of Morro Bay decreased slightly from 10,350 in 2000 to
10,234 in 2010 (Table 2). The DOF estimated the city's 2013 population to be 10,317 persons,
which represents an annual growth rate of less than I percent since 2010. The city's growth rate is
consistent with other coastal communities in the county; Grover Beach and Pismo Beach each had
stagnant or declining populations from 2000 to 2013.
Jurisdiction
000
2010
Percentage
2013
Percentage
Population
Population
Change
2000-2010
Population
Change
2010-2013
Morro Bay
10,350
10,234
-1%
10,317
1%
Arroyo Grande
15,851
17,252
9%
17,395
1%
Atascadem
26,411
28,310
7%
28,687
1%
El Paso de
Robles
24,297
29,793
23%
30,504
2%
Grover Beach
13,067
13,156
1%
13,211
<1%
Pismo Beach
8,551
7,655
-100/0
7,717
1%
San Luis
Obispo
44,179
45,119
2%
45,541
1%
Unincorporated
103,975
118,118
14%
118,805
1%
Source: DOF 2012: E-8 Historical Population and Housing Estimates for Cities, Counties, and the State,
2000-2010, DOF 2013 (San Luis Obispo County Housing Element Data Profiles 2013)
CITY OF MORRO BAY
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HOUSING ELEMENT UPDATE
The San Luis Obispo Council of Governments (SLOCOG) published a Long Range Sodo-
Economic Projections Report in August 2011, updating the 2009 projections. Population,
households, and jobs were projected through 2040 for low, mid, and high scenarios. Table 3 reports
the "mid" growth scenario of a 13 percent increase in population from 10,073 residents in 2000 to
11,831 residents in 2040.
2010
Jurisdiction
Morro Bay Unincorporated San Luis
Obispo
10,073 104,324
2015
10,152
107,452
2020
10,244
113,789
2025
10,482
118,982
2630
10,778
125,467
2035
11,078
132,023
2040
11,381
138,644
Percentage Change 2010-2040
13%
33%
Source: SLOCOGprojections, August 2011
Each age group has distinct lifestyles, family type and size, income levels, and housing preferences.
As people move through each stage of life, housing needs and preferences also change. As a result,
evaluating the age characteristics and trends of a community is important in determining existing and
future housing needs. Table 4 provides the age characteristics of Morro Bay's residents according to
the 2000 and 2010 US Census. There was little change between 2000 and 2010, with the exception
of a small decrease in persons ages 25-44 and an increase in persons ages 45-64. Despite these
changes, the population in Motto Bay remains older than in most cities; over 50 percent of residents
are 45 years old or older.
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CITY OF MORRO BAY
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HOUSING ELEMENT UPDATE a
Age Group
Under 5 years
000
Number
378
Percentage
4%
2010
Number
447
Percentage
4%
17 years
1,188
12%
1,083
11%
18-24 years
873
8%
815
8%
5-44
2,627
25%
2,264
22%
5-64
2,778
27%
3,200
31%
5+
2,506
24%
2,425
24%
otal
10,350
1009%
10,234
1000/0
Source: US Census 2000, 2010
The age of householder is another way to measure age in the city. As shown in Table 5, owner -
occupied households tend to have older householders, while renter -occupied households tend to
have younger householders.
CITY OF MORRO BAY JUNE 2014
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HOUSING ELEMENT UPDATE
Age of Householder
Owner occupied
Numbur
2,746
0
39
pereentage
55%
0%
1%
Householder 15 to 24 years
Householder 25 to 34 years
Householder 35 to 44 years
214
4%
Householder 45 to 54 years
477
100/6
Householder 55 to 59 years
401
8%
Householder 60 to 64 years
384
8%
Householder 65 to 74 years
656
13%
Householder 75 to 84 years
413
8%
Householder 85 years and over
162
3%
Renter occupied
2,256
45%
Householder 15 to 24 years
266
5%
Householder 25 to 34 years
462
9%
Householder 35 to 44 years
354
7%
Householder 45 to 54 years
344
7%
Householder 55 to 59 years
330
7%
Householder 60 to 64 years
200
4%
Householder 65 to 74 years
204
4%
Householder 75 to 84 years
80
2%
Householder 85 years and over
16
0%
Total
5,002
100%
Source: ACS 2007-2011 Estimates (HCD SLO County Housing Element Update Data Profile)
Employment has an important impact on housing needs. Different jobs and associated income
levels determine the type and size of housing a household can afford. Employment growth in the
region typically increases housing demand.
The California Employment Development Department (EDD) estimates that as of January 2014,
5,500 Morro Bay residents were in the labor force, with 4.9 percent unemployment, compared to a
countywide unemployment rate of 6.2 percent.
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HOUSING ELEMENT UPDATE
According to the ACS 2007-2011 Five Year Estimates, jobs held by Morro Bay residents were
primarily concentrated in the education, health and social services sectors (21 percent). Table 6
identifies employment by industry type for Mono Bay and San Luis Obispo County.
Occupation
Number
Agriculture, forestry, fishing and hunting, and mining 96
Bay
Percentage
2%
ObispoMorro
San Luis
Number
21848
Percentage
6%
Construction
300
6%
4,369
9%
Manufacturing
302
6%
3,118
6%
Wholesale trade
43
1%
1,154
2%
Retail trade
772
15%
5,477
11%
Transportation and warehousing, and utilities
128
3%
2,194
4%
Information
190
4%
744
1%
Finance and insurance, and real estate and rental and
leasing
300
6%
2,575
5%
Professional, scientific, and management, and
administrative and waste management services
376
8%
5,817
12%
Educational services, and health care and social
assistance
1,046
21%
10,835
22%
Arts, entertainment, and recreation, and
accommodation and food services
911
18%
5,499
11%
Other services, except public administration
166
3%
2,721
6%
Public administration
371
7% 1
2,501
5%
Civilian employed population 16 years and over
5,001
100% 1
49,852
100%
Source: ACS 2007-2011 Five -Year Estimates (HCD San Luis Obispo County Housing Element Update
Profiles)
The EDD produces an Occupational Employment and Wage Data spreadsheet by metropolitan
statistical area (MSA) yearly. Table 7 shows employment projections from 2010 through 2020 as
related to job growth for the San Luis Obispo -Paso Robles Metropolitan Statistical Area. During the
next seven years, the San Luis Obispo -Paso Robles MSA expects new employment to be
concentrated in a variety of occupations. When comparing these annual incomes to the median
income in 2014 for a family of four ($77,000), only two occupational groups are above this median
income (electrical power -line installers and repairers and software developers).
CITY OF MORRO BAY
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HOUSING ELEMENT UPDATE
Of these ten occupational groups, the highest annual salary falls under the electrical power -line
installers and repairers occupation at $92,435. The lowest annual salary is within the nonfarm animal
caretaker occupations at$21,683.
Median
Median
Estimated
Occupation
Hourly
Annual
Employment
Percentage
Change
Wage
Salary
2010
2020
Electrical Power -Line Installers and
Repairers
$44.44
$92,435
190
300
58%
Home Health Aides
$10.49
$21,819
460
700
52%
Cost Estimators
$27.72
$57,657
180
270
50%
Market Research Analysts and
Marketing Specialists
$26.44
$54,995
180
270
500/0
Veterinary Technologists and
Technicians
$14.63
$30,430
200
300
50%
Nonfarm Animal Caretakers
$10.43
$21,694
200
290
45%
Operating Engineers and Other
Construction Equipment Operators
$33.80
$70,304
300
430
43%
Software Developers, Systems
Software
$34.32
$71,385
120
170
420
Insurance Sales Agents
$31.34
$65,187
170
240
41%
Construction Laborers
$23.90
1 $49,712
730
1,030
41%
Source: EDD 2014
Note: Annual salary is calculated by multiplying hourly wages by 2,080.
Commute distance is an important factor in housing availability and affordability and is also an
indicator of jobs/housing balance. Communities with extended commute distances generally have a
poor jobs/housing balance, while those with short average commutes tend to have a strong
jobs/housing balance. The burden of the additional costs associated with extended commuting
disproportionately affects lower -income households who must spend a larger portion of their overall
income on fuel. This in turn affects a household's ability to occupy decent housing without being
overburdened by cost. Table 8 indicates that the vast majority of Morro Bay residents travel less
than 30 minutes from home to work. This figure indicates that many of the jobs are within 20 miles
of the city and that there is a strong jobs/housing balance, meaning that the available jobs are within
relatively dose distance to the employee's' places of residence.
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HOUSING ELEMENT UPDATE
Less than 30 minutes
75
30 to 59 minutes
23%
60 or more minutes
2%
Total
1000/0
Source: ACS 2008-2012 Five -Year Estimates Household Characteristics
According to the Department of Finance and as shown in Table 9, there were 4,844 households in
the City of Morro Bay in 2010. This represents a 3 percent decrease, or 142 households, from 4,986
households in 2000.
-• - _ _ i, w rercentage
Source: US Census 2010 (HCD SLO County Housing Element Data Pro)Ue)
The US Census Bureau defines overcrowding as occurring when a housing unit is occupied by more
than the equivalent of one person per room (not including kitchens and bathrooms). A typical home
might have three bedrooms, a living room, and a dining room, for a total of five rooms. If more
than five people were living in the home, it would be considered by the Census Bureau to be
overcrowded- Because some households require less "space" per person, there is some question on
whether units with slightly more than one person per room really have an overcrowding problem. In
most cases, units with more than 1.01 persons per room are overcrowded. Units with more than
1.50 persons per room are considered highly overcrowded and should be recognized as a significant
housing problem.
Morro Bay has a low incidence of overcrowding. Less than 4 percent of all the occupied housing in
the city contains more than one person per room. A total of 84 units are considered to be highly
overcrowded, having more than 1.50 persons per room. Of these, 10 are owner -occupied units and
74 are renter -occupied units. Table 10 shows the persons per room for homeowners and renters in
Mono Bay.
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HOUSING ELEMENT UPDATE
HouseholdsPersons per Room Morro Bay
Owner -Occupied Units
1.00 or less
2,736
99%
1.01 to 1.50
0
0%
1.51 or more
10
<1%
Total
2,746
1001yo
Renter -Occupied Units
1.00 or less
2,109
94%
1.01 to 1.50
73
3%
1.51 or more
74
3%
Total
2,256
100%
Source: ACS 2007-2011 Five -Year Estimates (HCD SLO County Housing Element Update Profiles)
Tenure refers to whether a unit is owner -occupied or renter -occupied. Table 11 shows that just over
half of the housing units in Morro Bay are owner -occupied.
Source: US Census 2010 (HCD SLO County Housing Element Update Data Profile)
Household size by tenure is shown in Table 12. In 2011, the majority of owner -occupied households
were inhabited by two to four residents. Most renter -occupied households were also inhabited by
two to four residents.
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HOUSING ELEMENT UPDATE
Owner
Number
2,746
Percentage
55%
Householder living alone
946
34%
Households 2-4 persons
1,761
64%
Large households 5+ persons
39
1%
Rental
2,256
45%
Householder living alone
882
39%
Households 2-4 persons
1,300
58%
Large households 5+ persons
74
3%
Total
5,002
Total householders living alone
1,828
37%
Households 2-4 persons
3,061
61%
Large households 5+ persons
113
2%
Source: 2007-2011 ACS Five -Year Averages (HCD SLO County Housing Element Update Data Profile)
The existing housing stock in Morro Bay can be described by a number of characteristics, including
the number of units, type (single-family, mobile home, apartment, etc.), their tenure (owner -
occupied vs. rental), the number of people living in the unit (household size), and unit size. Later
sections of this chapter discuss cost and the physical condition of homes in the city.
The 2000 Census reported a total of 6,286 housing units in the City of Morro Bay, and the
California Department of Finance reported a total of 6,356 housing units in 2013. Table 13 shows
the percentage increase in the number of housing units in Morro Bay between 2000 and 2013.
Source: US Census 2000, DOF 2013 (HCD SLO County Housing Element Update Data Profile)
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A vacancy rate measures the overall housing availability in a community and is often a good
indicator of how efficiently for -sale and rental housing units are meeting the current demand for
housing. A vacancy rate of 5 percent for rental housing and 2 percent for ownership housing is
generally considered healthy and suggests that there is a balance between the demand and supply of
housing. A lower vacancy rate may indicate that households are having difficulty in finding housing
that is affordable, leading to overcrowding or households having to pay more than they can afford.
According to the 2007-2011 ACS Five -Year Estimates, there were a total of 1,476 vacant units
recorded in Morro Bay. The vacancy rate for the city was 20 percent in 2000 and slightly higher in
2011 at 23 percent. With the exception of Pismo Beach and Grover Beach, this rate is substantially
higher than many other cities in the county, primarily because of the large number of vacation
homes in Morro Bay. As noted in Table 14, there were a total of 1,476 vacant units recorded in
Morro Bay in 2011. Of this total, 154 were for rent, 88 were for sale, and 1,125 were for seasonal,
recreational, or occasional uses.
Total housing units
Number
6,320
Percentage
77%
Occupied housing units
4,844
23%
Vacant housing units
1,476
2%
For rent
154
00/0
Rented, not occupied
12
1%
For sale only
88
0%
Sold, not occupied
6
18%
For seasonal, recreational, or occasional use
1,125
1%
All other vacant
91
0%
Vacancy rate
23%
Homeowner vacancy rate
3%
Rental vacancy rate
6%
Source: 2007-2011 ACS Five -Year Estimate (HCD SLO County Housing Element Update Data Profile)
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ram'
Table 15 shows the different types of housing units in Morro Bay by the number of units in the
structure. In Morro Bay, 72 percent of the housing units are single-family detached homes, while
attached single-family homes provide another 6 percent of the housing stock. Multi -family units
constitute 15 percent and mobile homes make up 8 percent of the housing stock in the city.
Housing Unit Type
Single -Family Detached
Morro Bay
Units
4,558
Percentage
72%
Single -Family Attached
359
6%
2 to 4 Units
446
7%
5 or More Units
507
8%
Mobile Homes
486
8%
Total Housing Units
6,356
1000/0
Source: DOF 2013
An indication of the quality of the housing stock is its general age. Typically housing over 30 years
old is likely to have rehabilitation needs that may include plumbing, roof repairs, foundation work,
and other repairs. Table 16 displays the age of Morro Bay's housing stock as of 2008. Note that 2008
data is retained because only ACS data with large margins of error is currently available; since this
data has not been vetted by HCD, the slightly dated but more accurate US Census and HCD
numbers below are preferred. Among these units, approximately 18 percent of the housing units in
Mono Bay have been built since 1990 and approximately 46 percent, almost one-half of the housing
stock, is more than about 40 years old.
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2009 to 2014:.
2000 to 2008'
1990 to 2000
1980 to 1989
1970 to 1979
75
1%
350
5%
858
13%
882
13%
1,551
1,186
23%
18%
1960 to 1969
1950 to 1959
1,034
15%
Prior to 1950
775
12%
Total Units
6,711
1000/0
Source: US Census, 'Department of Finance numbers, 2000-2008; "City of Morro Bay, 2009-2014.
As of May 2009, according to the City's building inspector, approximately 20 to 25 percent of the •
housing stock was in need of rehabilitation. In 2004, City staff conducted a house -by -house survey
(100 percent of housing units) in four identified Target Income Census Block Groups (11G) (see
Figure 2).
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FIGURE 2. CENSUS BLOCK GROUPS
•
E
Census Block Groups
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HOUSING ELEMENT UPDATE
Using the survey and point rating system prescribed by HCD, each unit was catalogued by condition
of the roof, siding, foundation, windows, and electrical components. The figures were tabulated to
establish a total score and identify each structure as sound, needs minor repair, needs moderate
repair, needs substantial repair, or is dilapidated. Table 17 outlines the criteria used to determine the
condition of the homes. Table 18 shows the breakdown of homes in each TIG area surveyed. Of
the 1,502 homes surveyed, 403 were deemed to be in sound condition, 25 were dilapidated, and
1,074 were in need of some degree of repair. The survey did not differentiate between owner -
occupied and renter -occupied properties.
Mobile homes were also evaluated by City staff in 2004. That survey found that a lesser percentage
of these residences were categorized in the "Excellent" and "Sound 1" ratings, but that in general,
approximately one -quarter of the mobile homes were in need of major rehabilitation or replacement.
TABLE 17: HOUSING CONDITION SURVEY CRITERIA
Rating
Sound
Criiczi�i
Units that appear structurally sound and well maintained.
Minor Repair
Units that appear structurally sound but show signs of deferred
maintenance or upkeep. The house may need a roof replacement or new
windows and a paint job.
Moderate Repair
Involves repair or replacement of more than one rated system. This
category varies widely and may include, for example, a unit that needs
replacement of the roof, electrical system, windows and doors.
Substantial
Replacement of several major systems, including complete or major
Repair
foundation work, replacement or repair of exterior siding, reconstruction
of the roof system and complete re -plumbing.
Dilapidated
All the rated systems need repair and making those repairs to bring the
structure into compliance with the current Uniform Building Code would
not be cost-effective.
Source: City of Morro Bay Staf, 2004
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TABLE IH: HOUSING CONDITIONS IN TARGET INCOME GROUPS, MORRO BAY, 2004
Census Block
Group
105.2
Number of Units Sampled
605
Condition
Sound
of Housing
168
Units
28%
Minor
292
48%
Moderate
109
18%
Substantial
30
5%
Dilapidated
6
1%
301
Sound
66
22%
Minor
117
39%
Moderate
72
24%
Substantial
27
9%
Dilapidated
19
6%
10a.5
351
Sound
124
35%
Minor
161
46%
Moderate
64
18%
Substantial
2
1 %
Dilapidated
0
0%
106.5
245
Sound
45
18%
Minor
135
55%
Moderate
51
21%
Substantial
14
6%
Dilapidated
0
0%
Source: City of Morro Bay Stag, 2004
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HOUSING ELEMENT UPDATE
For the purpose of evaluating housing affordability, housing need, and eligibility for housing
assistance, income levels are defined by guidelines adopted each year by the California Department
of Housing and Community Development. For San Luis Obispo County, the applicable median
income for a family of four in 2014 is $77,000.
HCD has defined the following income categories for San Luis Obispo County, based on the
median income for a household of four persons:
• Extremely low income: 30 percent and below ($0 to $22,600)
• Very low income: 31 to 50 percent of median income ($22,601 to $37,700)
• Low income: 51 to 80 percent of median income ($37,701 to $60,300)
• Moderate income: 81 to 120 percent of median income (160,301 to $92,400)
• Above moderate income: 120 percent or more of median income ($92,401 or more)
•
Table 19 shows the maximum annual income level for each income group adjusted for household •
size for San Luis Obispo County. The maximum annual income data is then used to calculate the
maximum affordable housing payments for different households (varying by income level) and their
eligibility for federal housing assistance.
Houschold
Size
1-Person
Nledian
$53,900
Maximum
Extremely
Low
$15,850
Income Level
Very Low
$26,400
Low
$42,250
..
$64,700
2-Person
$61,600
$18,100
$30,200
$48,250
$73,900
3-Person
$69,300
$20,350
$33,950
$54,300
$83,150
4-Person
$77,000
$22,600
$37,700
$60,300
$92,400
5-Person
$83,150
$24,450
$40,750
$65,150
$99,800
6-Person
$89,300
$26,250
$43,750
$69,950
$107,200
7-Person
$95,500
$28,050
$46,750
$74,800
$114,600
8-Person
$101,650
$29,850
$49,800
$79,600
$121,950
Source: HCD 2014
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Table 20 provides a summary of household income in Morro Bay according to the ACS 2008-2012
Five -Year Estimates. Table 20 also provides the HCD income category for households in 2012.
However, HCD income categories and the Census Bureau's income categories do not correlate
directly, and the comparison between HCD and Census categories is for informational purposes
only.
HCD Income Category
Extremely Lo%c
Household Income
Less than $10,000
Number
144
322
555
Percentage
3%
6%
11%
$10,000 to $14,999
$15,000 to $24,999
Very Low
$25,000 to $34,999
525
11%
Low
$35,000 to $49,999
689
14%
$50,000 to $74,999
937
19%
Moderate
$75,000 to $99,999
664
13%
Above Moderate
$100,000 to $149,999
654
13%
$150,000 to $199,999
283
6%
$200,000 or more
188
4%
ToW
4,961
IOW/0
Source: ACS 2008-2012 Five -Year Estimates
HOUSING COSTS AND AFFORDABILITY
The cost of housing is directly related to the extent of housing problems faced by lower- and
moderate -income households in a community. If housing costs are high relative to household
income, correspondingly the incidence of housing cost burden and overcrowding will be high. This
section summarizes the cost and affordability of housing to Morro Bay residents.
According to DataQuick, the median home sale price in Morro Bay was $429,500 in 2013, an
increase of approximately 14 percent from the 2012 median of $376,000. Median prices in Morro
Bay tend to be in the middle to low range when compared to other San Luis Obispo communities,
and are just above the county average. Table 21 shows median home sales prices in Morro Bay and
nearby communities for 2012 and 2013. Assuming a 5.75 percent interest rate and 10 percent down
payment, a family of four would need to make approximately f 115,000 to afford a $376,000 house.
A median priced home in Morro Bay is only affordable to families with "above moderate" income
levels.
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HOUSING ELEMENT UPDATE
Community/City
San Luis Obispo County
2013 Median Price
$415,000
2012 Median Price
$360,000
Percentage Increase
15%
Cambria
$500,000
$452,500
11%
Cayucos
$650,000
$575,000
13%
Los Claris
$371,500
$325,000
14%
Morro Bay
$429,500
$376,000
14%
San Luis Obispo (City)
$525,000
$485,000
8%
Source: DataQuick 2014 (unvw.DQNews.com)
•
Examining the rental housing market is a direct means to identifying rental price information. Rents
are ultimately determined by the interaction of supply and demand within the housing market. The
two most significant factors contributing to rental prices are location and amenities. Morro Bay's
close proximity to the ocean makes it a high -demand location in which to reside, causing rental costs
to increase as the demand increases. Table 22 provides samples of "typical" rental housing in the •
Morro Bay area as identified through a point -in -time survey conducted in March 2014.
Source: Rental Survey, March 2014
Although the monthly cost of rental housing is important, most landlords require the first and last
month rental payment plus a security deposit prior to moving in. Many landlords require a minimum
monthly income of up to three times the monthly rent. There may also be requirements for deposits
to connect to services such as water and electricity and possibly extra charges for additional people
or pets. Due to these factors, often the actual cost of moving into a rental unit is a greater burden.
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According to the 2014 HCD income limits (Table 23), a very low-income household of four could
afford up to $943 a month for rent. If this household lived in a three -bedroom unit in Morro Bay,
according to the rental survey, this household would be paying between $1,900 and $2,150. A
household earning 50 percent of the area median income would need to allocate nearly 60 percent of
their gross income to be able to afford the rent for the least expensive three -bedroom unit in Morro
Bay. This indicates a need for more affordable housing for households in the extremely low-, very
low-, and low-income ranges in the city.
Housing affordability can be inferred by comparing the cost of renting or owning a home with the
maximum affordable housing cost to households at different income levels. The area median income
provides a benchmark for estimating the affordability of housing and the ability of newcomers to
move into the community. Taken together, this information can generally demonstrate who can
afford what size and type of housing and indicate the type of households most likely to experience
overcrowding or a burden on housing cost.
In evaluating affordability, the maximum affordable price refers to the maximum amount that could
be afforded by households in the upper range of their respective income category. Households in
the lower end of each category can afford less in comparison. The maximum affordable home and
• rental prices for residents of San Luis Obispo County are shown in Table 23. The affordability of
the county's housing stock for each income group is discussed below. HCD has identified the 2014
county area median income to be $77,000 for a family of four.
•
Table 23 shows the maximum rents and sales prices, respectively, that are affordable to extremely
low-, very low-, low-, moderate-, and above moderate -income households. Affordability is based on
the following assumptions: a household spending 30 percent or less of their total household income
for shelter, the maximum household income levels established by the US Department of Housing
and Urban Development (HUD) and HCD; and maximum affordable sales prices based on 10
percent down with a 30-year fixed rate mortgage at a 5.75 percent annual interest rate.
CITY OF MORRO BAY JUNE 2014
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HOUSING ELEMENT UPDATE
Household Size
1 1
1 2
1 3
1 4
5
6
..
Annual Income
$15,850
$18,100
$20,350
$22,600
$24,450
$26,250
Maximum
Monthly Gross
Rent'
$396
$453
$509
$565
$611
$656
Maximum
Purchase Price2
$48,880
$59,141
$67,000
$74,460
$80,630
$86,460
Very Low Income
(Households
Annual Income
$26,400
$30,200
$33,950
$37,700
$40,750
$43,750
Maximum
Monthly Gross
Rent'
$660
$755
$849
$943
$1,019
$1,094
Maximum
Purchase Price2
$86,400
$99,750
$111,230
$123,120
$133,340
$143,830
Low Income (Households
at
800,1 of Median
Income)
Annual Income
$42,250
$48,250
$54,300
$60,300
$65,150
$69,950
Maximum
Monthly Gross
Rent'
$1,056
$1,206
$1,358
$1,508
$1,629
$1,749
Maximum
PurchaseA-ice2
Moderate(Households
$138,20
$157,930
$179,050
$198,390
$215,160
$230,960
Annual Income
$64,700
$73,900
$83,150
$92,400
$99,800
$107,200
Maximum
Monthly Gross
Rent'
$1,618
$1,848
$2,079
$2,310
$2,495
$2,680
Maximum
Purchase Pr Ce2
$210,120
$242,620
$251,780
$274,000
$327,230
$345,900
Source: 2014 Income Limits: Department of Housing and Community Development. Monthly mortgage
calculation: http://www.realtor.mWhomefinance/fnancial-calculators/home-aJfordability-
calculator. aspx7source-web
I Affordable housing cost for renter -occupied households assumes 30% of gross household income, not
including utility cost.
2 Affordable housing sales prices are based on the foUowing assumed variables: approximately 10% down
payment, 30-year fixed rate mortgage at S. 75% annual interest rate.
JUNK 2014
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Overpayment compares the total shelter cost for a household to the ability of that household to pay.
Specifically, overpayment is defined as monthly shelter costs in excess of 30 percent of a
household's income. Shelter cost is defined as the monthly owner costs (mortgages, deed of trust,
contracts to purchase or similar debts on the property and taxes, insurance on the property, and
utilities) or the gross rent (contract rent plus the estimated average monthly cost of utilities).
Table 24 shows to what extent occupied housing units (households) are overpaying for housing cost
by their income category and whether or not they were overpaying. As of 2011, 43 percent of all
households were overpaying based on their income categories. More than half of these overpaying
households are in the low-, very low-, or extremely low-income category.
Household
Extremely
Low
Very
Low
Low
Moderate
Above
Moderate
Total
Lower
Income
Ownership
42
307
456
390
1,359
2,954
1,105
Households
Overpaying owner
households
248
131
88
260
225
952
467
Percentage of
overpaying owners
73%
43%
19%
67%
17%
33%
42%
Reuter
556
381
553
332
276
2,098
1,490
Households
Overpaying renter
households
528
248
227
154
0
1,157
1,003
Percentage of
overpaying renters
95%
65%
41%
46%
0%
55%
67%
Total Households
897
689
1,009
722
1,635
4,952
2,595
Overpaying
households
775
380
315
414
225
2,109
1,470
Percentage of
overpaying
households
86%
55%
31%
57%
14%
43%
57%
Source: ACS 2007-2011 Five-year Estimates (HCD SLO County Housing Element Data Profile)
The Comprehensive Housing Affordability Strategy (CHAS) was developed by HUD to assist
jurisdictions in writing their consolidated plans. According to this data (Table 25), there were 395
owner households and 770 renter households eaming less than 50 percent of the median family
income (hEFI) in the city in 2010. Approximately 76 percent of these lower -income renter -occupied
households were identified as having at least one of four housing problems (which include
incomplete kitchen facilities, incomplete plumbing facilities, more than one person per room, and a
CITY OF MORRO BAY
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HOUSING ELEMENT UPDATE
cost burden greater than 301/6). Conversely, approximately 55 percent of lower -income owner -
occupied households experienced at least one of those four housing problems. It is important to
note that, similar to ACS data, the CHAS dataset uses small samples and is subject to large margins
of error and therefore may have totals and percentages that are slightly different than other data
sources used in this document.
Source: CHAS 2006-2010
SPECIAL NEEDS GROUPS
•
Certain groups have greater difficulty in finding acceptable, affordable housing due to special •
circumstances relating to employment and income, household characteristics, and disabilities, among
others. These "special needs" groups include seniors, persons with disabilities, large households,
single -parent households (female -headed households with children, in particular), homeless persons,
and agricultural workers. This section discusses the housing needs facing each group, as well as
programs and services available to address the housing needs.
Persons with Disabilities
Table 26 shows the 2000 Census information regarding non -institutionalized people in Morro Bay
who have disabilities that either prevent them from working or make self -care or mobility difficult.
Generally, disabled persons constitute 10 percent of an ven population; in Morro Bay, the
oercentaee is slightly hieher at 20 nercent (2.162 mrsons).
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HOUSING ELEMENT UPDATE
TABLE 26: PERSONS WITH A DISABILITY BY DISABILITY TYPE, 2000
Total Disabilities Tallied
Number
3,816
Percentage
100%
Total Disabilities for Ages 5-64
2,268
59%
Sensory disability
197
5%
Physical disability
469
12%
Mental disability
358
9%
Self -care disability
135
4%
Go -outside -home disability
302
8%
Employment disability
807
21%
Total Disabilities for Ages 65 and Over
1,548
41%
Sensory disability
369
10%
Physical disability
577
15%
Mental disability
179
5%
Self -care disability
105
3%
Go -outside -home disability
318
8%
Source: US Census 2000 (HCD SLO County Housing Element Update Data Profile)
There are two major housing problems facing disabled persons: (1) the need for housing that meets
particular physical needs (wheelchair accessible, etc) and (2) monetary needs. Because of limited job
opportunities for the handicapped and disabled, their incomes are often below the median income.
Table 27 identifies the employment status of disabled persons in the city.
TABLE 27: PERSONS WITH A DISABILITY BY EMPLOYMENT STATUS
Status
Age 16--4, Employed Persons with a Disability
NumberEmployment
164
16%
Age 16-64, Not Employed Persons with a Disability
305
29%
Persons Age 65 Plus with a Disability
577
55%
Total Persons with a Disability
1,046
100%
Source: US Census 2000 (HCD SLO County Housing Element Update Data Profile)
The disabled or handicapped residents of Morro Bay have varying housing needs depending on the
nature and severity of the disability. Physically disabled persons generally require modifications to
their housing units such as wheelchair ramps, elevators or lifts, wide doorways, accessible cabinets,
and modified fixtures and appliances. If the disability prevents the person from operating a vehicle,
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HOUSING ELEMENT UPDATE
then proximity to services and access to public transportation are important. Severely physically
disabled persons may also require nursing or care facilities.
If the physical disability prevents the individual from working or limits income, the cost of housing
and needed modification can be significant. Because physical handicaps vary, this group rarely
congregates toward a single service organization and makes estimating the number of individuals
and specific needs difficult.
The physical modification of housing is not generally necessary to accommodate mentally disabled
persons, but they will generally require special services and monetary support. Since jobs and
incomes are often limited for such individuals, affordable housing is important. Many mentally
disabled persons would prefer to live independently, but because of monetary circumstances they are
forced to live with other family members or with roommates. This may cause additional stress and
problems. In some instances, the need for a resident assistant to help deal with crisis or challenging
situations may also create special housing demands. This would suggest that there is a need for some
apartment or condominium complexes which are reserved exclusively for persons requiring extra
assistance in dealing with their daily routines. Many mentally handicapped persons are unable to
drive, so access to public transportation is also important.
•
Disabled elderly often fall into one or both of the above categories. Many elderly have some minor
physical handicap. For instance, climbing stairs may be difficult, especially when carrying groceries •
or other bulky items. Other elderly persons may have difficulty cooking, cleaning, performing daily
chores, or remembering to take medication. Congregate care facilities and retirement homes help
meet the needs of many of these individuals.
Senate Bill (SB) 812 requires the City to include the needs of individuals with a developmental
disability within the community in the special housing needs analysis. According to Section 4512 of
the Welfare and Institutions Code, a "developmental disability" means a disability that originates
before an individual attains age 18 years, continues, or can be expected to continue, indefinitely, and
constitutes a substantial disability for that individual which includes mental retardation, cerebral
palsy, epilepsy, and autism.
Many developmentally disabled persons can live and work independently in a conventional housing
environment. More severely disabled individuals require a group living environment where
supervision is provided. The most severely affected individuals may require an institutional
environment where medical attention and physical therapy are provided. Because developmental
disabilities exist before adulthood, the first issue in supportive housing for the developmentally
disabled is the transition from the person's living situation as a child to an appropriate level of
independence as an adult.
The California Department of Developmental Services (DDS) currently provides community -based
services to approximately 243,000 persons with developmental disabilities and their families through
a statewide system of 21 regional centers, four developmental centers, and two community -based
JUNH 2O14
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HOUSING ELEMENT UPDATE
facilities. The Tri-Counties Regional Center is one of 21 regional centers in California that provides
point of entry to services for people with developmental disabilities. The center is a private,
nonprofit community agency that contracts with local businesses to offer a wide range of services to
individuals with developmental disabilities and their families. Table 28 provides information about
Mono Bay's population of developmentally disabled persons; Table 29 provides information about
those persons' place of residence.
Source: HCD SLO County Housing Element Updated Data Profde 2014
Source: HCD SLO County Housing Element Updated Data Profile 2014
A number of housing types are appropriate for people living with a development disability: rent -
subsidized homes, licensed and unlicensed single-family homes, inclusionary housing, Section 8
vouchers, special programs for home purchase, HUD housing, and SB 962 homes. The design of
housing -accessibility modifications, the proximity to services and transit, and the availability of
group living opportunities represent some of the types of considerations that are important in
serving this special needs group. Incorporating "barrier -free" design in all new multi -family housing
(as required by California and federal fair housing laws) is especially important to provide the widest
range of choices for disabled residents. Special consideration should also be given to the
affordability of housing, as people with disabilities may be living on a fixed income.
In order to assist in the housing needs for persons with developmental disabilities, the City will
implement programs to coordinate housing activities and outreach with the Tri-Counties Regional
Center and encourage housing providers to designate a portion of new affordable housing
developments for persons with disabilities, especially persons with developmental disabilities, and
pursue funding sources designated for persons with special needs and disabilities. Program H-19.1
is proposed to specifically address the needs of the developmentally disabled.
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37
HOUSING ELEMENT UPDATE
Analysis of the housing needs of the elderly is important for three reasons: (1) many elderly have
fixed, limited incomes, (2) many elderly persons are "over -housed" (living alone in a three- or four -
bedroom house), and (3) because some elderly have mobility and health problems, these needs can
create special housing requirements.
Table 30 illustrates the population of residents aged 65 and older in Morro Bay in 2000 and 2010.
Table 31 illustrates the tenure of senior households in the city. Approximately 80 percent of senior -
headed households own the home they live in. The senior population numbers and the percentage
they make up of the city's overall population changed very little between 2000 and 2010.
Source. US Census 2000, 2010 (HCD SLO County Housing Element Update Data Profde)
Age of Householder
Owner -occupied senior household
Number
1,231
Percentage
80%
Householder 65 to 74 years
656
43%
Householder 75 to 84 years
413
27%
Householder 85 years and over
162
11%
Renter -occupied senior household
300
20%
Householder 65 to 74 years
204
13%
Householder 75 to 84 years
80
50/0
Householder 85 years and over
16
1%
Total
1,531
100%
Source: ACS 2007-2011 Estimates (HCD SLO County Housing Element Update Data Profile)
To address the needs of seniors in the community, the City will implement Program H48.1 to
utilize CDBG and other state or federal monies to assist in the development of lower -income senior
rentals.
JUNE 2014
CITY OF MORRO BAY
0
9
•
38
. HOUSING ELEMENT UPDATE
r
The ACS 2007-2011 Five -Year Estimates identified 96 residents of Morro Bay employed in
agriculture, forestry, fishing and hunting, or mining operations. Because of Morro Bay's role as a
significant commercial fishing center, this information is not surprising. This number, however,
probably underestimates migrant farmworkers who move with the seasons according to the
availability of work. There are still several large tracts of productive agricultural land within and near
the Morro Bay city limits that periodically employ such workers. It is not clear where migrant
workers live while employed in the Morro Bay area.
According to information provided by the Employment Development Department for the San Luis
Obispo -Paso Robles Metropolitan Statistical Area, there were 3,600 people employed within the
agriculture industry in January 2014, a decrease of 100 people since January 2013.
Large families present special housing needs if they cannot find affordable and adequate housing
units. The result may be overcrowding. As identified in Table 12 above, 113 households
(approximately 2 percent of all households) in Morro Bay were occupied by five or more persons
(considered a large household) of which 39 were owner -occupied households and 74 were renter -
occupied households. This proportion is substantially lower than in the county as a whole and is
• very low when compared to other cities and counties. Thus, housing for large families does not
appear to be a significant need in Morro Bay.
C J
Female -headed single -parent households experience numerous housing problems, including
affordability (the individuals are often on public assistance), overcrowding (the individuals often
cannot afford units large enough to accommodate their families), insufficient housing choices, and
discrimination. The City of Morro Bay recognizes these problems and has included policies and
programs in this document to address affordability, overcrowding, and discrimination for all
segments of the population.
Table 32 illustrates the number of family households that are headed by a female with no husband
present. Female -headed households with no husband present account for 14 percent of all
households in the city. The table also reports the presence of children in female -headed households,
as well as poverty indicators for female -headed households. Female -headed householders with their
own children make up approximately five percent of all householders in the city (as shown in the
table below) and 37 percent of the female -headed householders.
CITY OF MORRO BAY
JUNE 2014
39
HOUSING ELEMENT UPDATE
Number
Percentage of
Householders
Female -Headed Householders
398
14%
Female Heads with Own Children
147
5%
Female Heads without Children
251
9%
Total Householders
2,746
100%
Female -Headed Householders Under the Poverty
Level
18
1%
Total Families Under the Poverty Level
189
7%
Source: ACS 20077-2011 Five -Year Estimates (HCD SLO County Housing Element Update Data Profile)
•
According to HUD's 2012 Continuum of Care Homeless Assistance Programs (as provided by the
HCD SLO County Housing Element Update Data Profile), the County of San Luis Obispo has
approximately 2,057 homeless persons (Table 33). Of these homeless persons, approximately 343
are in families with at least one child. The homeless population is mostly unsheltered, with only 8 .
percent of the 2,057 identified as sheltered. The Community Action Partnership of San Luis Obispo
County (CAPSLO) provided 2013 estimates of the Maxine Lewis Memorial Shelter and Prado Day
center population by home community. At these two shelters, approximately 54 people call Morro
Bay home.
Source: HUD 2012 (HCD SLO County Housing Element Update Data Profile)
Community Maxine Lewis Memorial Shelter Prado Day Center
.:- . u
Source: CAPSLO 2014
JUNE 2014
C➢]
CITY OF MORRO BAY
•
•
•
HOUSING ELEMENT UPDATE
Regional services for the homeless include Chorro Creek Ranch, which serves the South County
area that includes Morro Bay and provides a range of services such as emergency shelter, counseling
services, and rental assistance. The Estero Bay Alliance for Care is an all -volunteer network of
organizations and individuals dedicated to enhancing the quality of life for local homeless and in -
need citizens through outreach, education, and liaison with appropriate agencies and organizations.
The CAPSLO emergency shelter and services center, located near the intersection of Broad Street
and Orcutt Road in San Luis Obispo, provides emergency shelter, on -site information and referral
services, and assistance in finding permanent housing. The People's Kitchen, the Salvation Army
Homeless Outreach program, the Senior Nutrition program, which provides meals to seniors over
the age of 60 up to five times a week, and other programs offered by local churches are also
available. The City of San Luis Obispo is centrally located and it is appropriate that services for
homeless individuals be located there. San Luis Obispo is the county seat; many governmental social
services can be received there. Additional service providers include the El Camino Homeless
Coalition in Atascadero, Loaves and Fishes in Paso Robles, the 5 Cities Coalition in Arroyo Grande,
and Transitional Food and Shelter in the North County.
To further assist with providing homelessness services, Mono Bay's City Council has approved a
temporary fee waiver for a local group serving a free weekly meal at the city's Veterans Memorial
Building. The decision covers an estimated $2,000 in city rental fees for the building through June
30, 2014.
As shown in Table 35, Mono Bay contains four assisted housing developments owned by People's
Self -Help Housing (PSHH) that provide 95 affordable housing units. The City has utilized various
funding sources to provide affordable housing to residents, including Section 8, Section 202, Section
515, and tax credits. PSHH is currently in negotiations with the tax credit investors for both
Oceanside Gardens and Sequoia Street Apartments to facilitate maintaining their role as general
partner. PSHH is also currently applying to HUD for approving a plan to refinance Ocean View
Manor using tax credit syndication and a renewed HUD contract, through which PSHH plans to
rehabilitate and continue to operate the property as affordable. If these negotiations are successful
the length of the deed restriction would be extended on this property. These three properties
continue to operate as affordable, and PSHH communicated that they do not plan to experience any
interruption in offering affordable rents to the tenants.
The Housing Authority of San Luis Obispo (HASLO) reported that as of March 2014, the City of
Mono Bay had 79 Section 8 vouchers being used in the city. HASLO also reported that due to too
much interest, the waitlist for Section 8 vouchers has been closed since 2010.
CITY OF MORRO BAY
JUNE 2014
41
HOUSING ELEMENT UPDATE
Totalrliest
Units
Type
Source
,.
ate of
Conversion
Ocean View Manor
40
39
Senior
Section202
12/1/2030
View
PacApartments
Apartments
26
25
Family
y
Section 515
2 25 2041
/ /
Oceanside Garden
Apartments
21
21
Senior
Tax Credits
2/26/2049
Sequoia Str
Apartmentseet
11
10
large
Family
Tax Credits
7/30/2054
Total
98
95
—
—
—
Source: HCD SLO Housing Element Update Data Profile 2014; personal communication uuth People's Self -
Help Housing 2014
•
California housing element law requires all jurisdictions to include a study of all low-income housing
units which may at some future time be lost to the affordable inventory by the expiration of some •
type of affordability restrictions. The law requires that the analysis and study cover a 10-year period
beginning at the start of the Housing Element planning period, so June 30, 2014 through June 30,
2024.
At -risk units are subsidized low-income housing projects that may be convertible to market -rate
units as they are nearing the end of their subsidized contract. Such units are deemed "at risk" of
being lost as affordable housing. Currently there are not any subsidized housing units considered at
risk of converting to market -rate units within 10 years of the beginning of this Housing Element
planning period. However, Program H-15.1 states that the City will maintain a list of all dwellings
within the city that are subsidized by government funding or low-income housing developed
through local regulations or incentives and that the City will contact all property owners and ask
them to provide at least two years' notice prior to the conversion of any units for lower -income
households to market -rate units.
JUNE 2014
42
CITY OF MORRO BAY
•
•
HOUSING ELEMENT UPDATE
The San Luis Obispo Council of Governments (SLOCOG) is responsible for developing the
Regional Housing Needs Allocation (RHNA), which assigns a share of the region's future housing
need to each jurisdiction in the region. State law requires jurisdictions to demonstrate that "adequate
sites" will be made available over the planning period (2014-2019) to facilitate and encourage a
sufficient level of new housing production. Jurisdictions must also demonstrate that appropriate
zoning and development standards, as well as services and facilities, will be in place to facilitate and
encourage housing. The Housing Element must inventory land suitable for residential development,
including vacant and underutilized sites, and analyzes the relationship of zoning and public facilities
and services to these sites.
In complying with the adequate site requirement, jurisdictions can take credit for the number of new
units built during the planning period of 2014-2019 toward the RHNA. This includes new housing
units either built or issued a certificate of occupancy since January 1, 2014.
Regional Housing Needs Allocation
An impurtant component of the Housing Elcment is the identification of sites for future housing
development and evaluation of the adequacy of these sites in fulfilling Morro Bays share of the
Regional Housing Needs Allocation, as determined by SLOCOG. The intent of the RHNA is to
• ensure that local jurisdictions address their fair share of the housing needs for the entire region.
Additionally, a major goal of the RHNA is to ensure that every community provides an opportunity
for a mix of affordable housing to all economic segments of its population. The RHNA
jurisdictional allocations are made to ensure that adequate sites and zoning are provided to address
existing and anticipated housing demands during the planning period and that market forces are not
inhibited in addressing the housing needs for all facets of a particular community. Table 36 provides
the RHNA target for the planning period 2014 to 2019.
L
Incu;nc Lcv
RHSA
Units Built Since
January 2014
Remaining
RENA
•.Ewe -it®
®i
•wurcY: � tvt,r
Notes:
1. Single family buildingpermits
2. The total RHNA number of 154 in the SLOCOG Regional Housing Needs Plan is off by one unit due to a
rounding error Per HCD direction, the numbers in the income categories were totaled and the total RHNA
number used for analysis in the Housing Element update is 155.
CITY OF MORRO BAY JUNE 2014
43
HOUSING ELEMENT UPDATE •
Based on the above projections, the City of Morro Bay will need to allow for 63 housing units
affordable to lower -income households to comply with the City's regional allocation targets for
these income levels. In addition, the City will allow for 27 housing units available to moderate -
income households. A total of 155 new housing units have been allocated by HCD for the City of
Morro Bay from 2014 through 2019.
As of March 2014, there have not been any housing units constructed, but six single-family units
have been approved. As a result, the City will need an additional 149 housing units to meet Morro
Bay's 2014-2019 RHNA. However, the City currently has the vacant land capacity to accommodate
all of the RHNA need. See Table 38 for a complete list of available sites to meet the City's 2014-
2019 RHNA.
Land Availability
This section provides the inventory of vacant land that is available in Morro Bay for both multi-
family and single-family residential development. Table 38 provides the number of acres, zoning,
unit potential, and availability of infrastructure for all vacant acreage not earmarked for pending
projects in Morro Bay. All sites listed in Table 38 have no known constraints related to
infrastructure or environmental conditions.
Realistic Capacity .
The zoning districts and General Plan land use designations are shown for each site and are used to
determine the realistic unit capacity of each site. Realistic capacity was detemvned by multiplying the
number of acres by the maximum density for the site, and then 80 percent of that result was used as
the final realistic unit number to account for site and regulatory constraints. The capacity for the 10
mixed -use sites included in the inventory was determined by taking 80 percent of the total site
acreage, multiplying the acreage by the maximum density for the site, and then taking 80 percent of
that number to determine the realistic unit number.
Although these Mixed Commercial/Residential (MCR) zoned sites permit commercial development,
based on current trends as well as approved projects, allowing for 100 percent residential would be
appropriate. However, the City took a conservative approach and used only 80 percent of the total
site acreage. Currently, Mono Bay has a high vacancy rate in commercial buildings; therefore, the
City is allowing for solely residential development in the MCR district. In addition, the City
approved an affordable project at Main at Bonita, which proposes 23 units to be developed on 1.14
acres in the Mixed Commercial/Residential (MCR)/Multi-family Residential -Hotel -Professional
(R-4) district. This project was developed with 100 percent residential units at 20 units to the acre.
Small Sites
A majority of the vacant parcels that allow up to 27 units per acre are less than a half acre in size,
and it can be difficult to build multi -family, lower -income housing on smaller sites. However, recent
trends show that multi -family housing development is occurring on sites of less than one-half acre.
JUNE 2014
M
CITY OF MORRO BAY
•
•
HOUSING ELEMENT UPDATE
For the high -density sites listed in Table 38, each of the site groups 4-6, 21-22, 24-25, and 28-30,
contiguous. Of the total units the City assumes can be developed on high -density land (260 units),
86 units or 33 percent or the units are being accommodated on sites that have potential for lot
consolidation into larger sites more feasible for development of affordable housing. To help
facilitate the development of affordable housing on smaller lots, the City has included Program
H-L2 to assist in the consolidation of small lots.
Table 37 compares the City of Morro Bay's RIINA to the site inventory capacity. Including the
credit of six building permits and the site inventory capacity, the City has a surplus of 41 units
available to extremely low-, very low-, and low-income households, 48 units available to moderate -
income households, and 320 units available to above moderate -income households, a total surplus
of 320 units. Table 38 provides the characteristics of the available sites for the development of
single-family homes and multi -family units, and Figure 3, the Land Inventory Map, shows the
location of each site.
Source: SLOCOG 2013, City of Morro Bay 2014
Notes:
l Sites allowing up to 27 dwellings per acre and those allounng up to 15 dwellings per acre have been
combined to address lower- and mademte-income RHNA.
CITY OF MORRO BAN' JUNE 2014
45
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CITY OF MORRO BAY {PRIL 201.
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APRIL 2014 CITY OF MORRO BAY
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Water
The City's Annual Water Report, dated 2013, reports that the City relies on three sources of water:
groundwater pumped from the Chorro and Morro basins, the reverse osmosis/desalinization plant,
and the primary source since 1997, the State Water Project, to meet its current and future needs. The
historic statewide drought of 2014 has stressed these water sources. For example, on January 31,
2014, San Luis Obispo County staff informed the State Water Project subcontractors that the
allocation for 2014 is at 0 percent, and only stored water is available to meet delivery requests. The
City of Morro Bay has approximately 3,073 acre-feet of water stored in San Luis Reservoir.
Prolonged severe drought conditions could constrain development, although the constraint would
not be specific to Morro Bay.
The water production trend has actually decreased as population increased over the past 20 years
because of an aggressive water conservation program enacted by the City. In 1985, the City initiated
a retrofit program that requires all new development to replace old water fixtures such as toilets and
sinks with newer models that use less water. The program required that for every gallon of water
needed by new development, two gallons must be saved through retrofitting. The City Council
terminated the mandatory program in 2001 and replaced it with a voluntary rebate program that
• promotes water conservation by reimbursing owners for purchasing water -saving fixtures. The
retrofit program has resulted in a decrease in the average consumption to about 117 gallons per
person per day. This use rate is quite low compared to San Luis Obispo County as a whole.
The City of Morro Bay updated its Water Management Plan, which identifies resources and
establishes priorities for long-term water supply, and obtained certification from the California
Coastal Commission. In December 2008, the City Council reviewed the conditions of the
community's long-term potable water supply and as a result approved the Water Management Plan
Status Report. This report looked at "any changes in climatic, hydrological, technological, or political
conditions that could affect the City's long-term water supply whether negatively or positively." It
was determined that there is adequate water for the buildout of the city under the current General
Plan. The City has sufficient water supply from a variety of sources to meet its buildout goals,
including the State Water Project, local groundwater sources, and the City's desalinization plant.
There are times, such as when State Water Project water delivery is restricted, that the City has
operational difficulty meeting its short term water demands and requires water conservation and
other means such as building limitations in order to bridge these temporary water shortages.
From 2003 to 2013, water production has decreased from 1,421 acre-feet to 1, 271 acre-feet. The
City is committed to providing affordable and sustainable water to Morro Bay, and the Water
Management Plan outlined steps to be taken to ensure the acquisition of such resources. Of the 13
measures required by the plan, six represented specific projects to be completed (such as permit
acquisition) and seven are ongoing tasks (such as implementation of conservation programs). Since
the adoption of the plan, the six projects have been completed and the seven programs successfully
implemented to fulfill the plan's goals.
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To comply with Senate Bill 1087, the City will immediately forward its adopted Housing Element to
its water and wastewater providers so they can grant priority for service allocations to proposed
developments that include units affordable to lower -income households.
Sewer
The City of Mono Bay jointly owns and operates the wastewater treatment plant (WWTP) with the
unincorporated community of Cayucos. According to the Wastewater Treatment Plant Master Plan
(2007), the WTTP is rated for an average dry weather flow of 2.06 million gallons per day (mgd), a
peak seasonal dry weather flow of 2.36 mgd, and a peak hour flow of 6.6 mgd.
According to the annual daily flow average over five years, Morro Bay contributes to 75 percent of
the flow, while Cayucos accounts for 25 percent. The plant has adequate capacity through the year
2021 based on population estimates outlined in the Facility Master Plan Report and therefore
currently has capacity to meet the regional housing need. The plant currently treats approximately 1
million gallons per day. The City is currently proposing to relocate and upgrade its WWTP to a
water reclamation facility. With this upgrade there is the potential to add additional water into the
City's water supply portfolio, either in the form of offsetting use of potable water for irrigation with
reclaimed water, ground water recharge or perhaps direct potable reuse of water once there has been
a change in the regulatory environment and public perception.
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4. CONSTRAINTS
Various interrelated factors can constrain the ability of the private and public sectors to provide
adequate housing and meet the housing needs for all economic segments of the community. These
factors can be divided into two categories: (1) governmental and (2) non -governmental constraints.
Governmental constraints consist of land use controls, development standards, processing fees,
development impact fees, code enforcement, site improvement costs, development permit and
approval processing, and provision for a variety of housing. Non -governmental constraints consist
of land availability, the environment, vacancy rates, land cost, construction costs, and availability of
financing.
GOVERNMENTAL CONSTRAINTS
Governmental constraints include local land use controls, on- and off -site development standards,
building and housing codes, permit processing times, permit processing fees, residential
development fees, and delays in permit processing that can cause increases in financing cost.
The city's location in the coastal zone has resulted in unique land and use regulations. The California
• Coastal Act attempts to balance landowners' rights to develop against the public's right to enjoy the
coastline. In some areas of Mono Bay, height restrictions have been enacted to protect public views
and large setback requirements have been established to protect bluff areas near the beach.
Generally the minimum parcel size, allowed density, setback requirements, and height limits for
residential uses are not unusually strict and therefore are not considered a constraint to the
development of affordable housing.
General Plan Designations
To provide for a wide range of existing land uses and to guide future development, the City has
established a series of land use classifications or categories. These classifications describe the type
and intensity of various land uses that make up the city's fabric and are the basis for the zoning
districts established in the Municipal Code. The land use classifications represent the integration of
the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan.
Residential Land Uses
The City has five residential land use categories that 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.
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Density ranges are as follows:
• Limited Density: up to 2 units per acre
• Low Density: up to 4 units per acre
• Low -Medium Density: 4 to 7 units per acre
• Medium Density: 7 to 15 units per acre
• High Density: 15 to 27 units per acte
Zoning Ordinance
The Zoning Ordinance provisions allow development on a wide variety of lot sizes in the city and
do not constrain the development of affordable units. Table 39 describes the zoning districts that
allow residential uses in the city.
Description
The purpose if this district is to provide for the continuation of
agricultural uses in suitable areas and for supplemental
commercial uses which may be necessary to support such
AG
Agricultural
continued agricultural activities. It is the intent of the City that
it will maintain the maximum amount of prime agricultural
land in agricultural production to ensure the protection of the
area's agricultural economy. This district allows one single-
family house per parcel.
The purpose of this district is to permit estate lot homes and
Suburban
small-scale agricultural uses; to provide an area for people to
R-A
Residential
have parcels of land larger than more typical single-family
residential lots, where livestock, poultry, and small animals
may be raised in limited number for home use or for pleasure.
This district is intended to be applied to existing single-family
residential areas of the city to provide for housing which is
R-1
Single -Family
consistent and harmonious with existing development and to
Residential
underdeveloped areas of the city in which topography, access,
services, utilities, and general conditions make the area
suitable and desirable for single-family home development.
This district is intended to be applied in areas of the city where
R-2
Duplex
moderate densities can be physically accommodated, where
Residential
consistent with the surrounding are of development, and where
needed utilities and services can be provided.
JUNE 2014 CITY OF MORRO BAY •
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Description
This district is intended to apply in the areas of the city where
it is reasonable to permit varying intensities of residential
Multiple -Family
development. The purpose of the R-3 district is to provide a
R-3
Residential
wide range of housing types and to ensure that the R-3 district
will be free of excessive traffic and other uses causing
congestion, noise, confusion, and interference in the pattern of
higher -density family living.
This district is intended to apply in those areas of the city
where it is reasonable to permit a mixture of hotels and motels
along with apartments, condominiums, and other similar uses.
Multifamily
the purpose of the R-4 district is to allow higher -density
R 4
Residential-
apartment projects and, where appropriate, hotel, motel,
Hotel-
community housing developments, and professional offices,
Professional
ensuring that the R-4 district will be free of excessive traffic
and other uses causing congestion, noise, confusion, and
interference in the pattern of higher -density family living and
visitor -serving uses.
The purpose of this district is to provide for residential uses
that are environmentally compatible with protection of coastal
resources of local and statewide significance by limiting
Coastal
densities and intensity of residential development and
CRR
Resource
restricting the range of ancillary uses. Large minimum lot sizes
Residential
are required in order to minimize overall levels of activity that
could adversely impact sensitive coastal resources. Clustered
development is encouraged where it will result in lesser levels of
impact.
The purpose of this district is to designate and promote the
Central
orderly development of the business district as a central retail
C-1
Business
shopping facility for the primary market area. Mixed
District
commercial/residential uses are encouraged in the central
business district.
The purpose of this district is to allow and regulate a mix of
compatible commercial uses with residential uses in districts
Mixed
where a strip commercial area is in close proximity to a
MCR
Commercial/
residential neighborhood, to broaden the range of commercial
Residential
market opportunities, and to provide a review procedure to
protect the residential neighborhood from unsafe or unhealthy
conditions.
The purpose of the this district is to accommodate public,
general business, and professional offices and commercial uses
G-O
General Office
which complement and support office development along with
residential uses which are compatible with office and
commercial uses.
Source: Mono Bay Zoning Ordinance, Accessed March 2014
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Development standards within the city should not pose any constraints to the development of
affordable housing. Minimum lot area required per unit decreases with the higher -density zoning
districts and will provide opportunities for lower -income housing. Morro Bay has established special
standards to accommodate for smaller lots formed before the city's incorporation. Morro Bay's
Zoning Ordinance poses no extraordinary constraints on any form of residential development. The
City can demonstrate that its development standards are not a constraint to the development of
housing based on a few recent multi -family projects, in which four of the five projects have an
affordable component to them:
• A 21-unit rental senior affordable housing project at 555 Main Street was approved by the City
Council in 2010 in the C-1 /R-4 (Mixed Use Commercial) district. The project will provide very
low- and low-income units. The density will be 53 units per acre based on two different density
bonuses granted.
• A project at 600 Morro Bay Boulevard was developed on 0.39 acres and contained 16 units (13
residential and 3 commercial units). This project was developed in the Central Business (C-1)
district, which allows mixed -use or solely development. Since there was an affordable
component to this project, the City was flexible with development standards. This project was
built at 41 units per acre. The project included one affordable (moderate) unit.
• A project at Main at Bonita contains 23 units to be developed on 1.14 acres in the Mixed
Commercial Residential (MCR)/Multi-family Residential -Hotel -Professional (R-4) district. This
project also has an affordable component, showing that the developers are able to meet
sufficient densities to develop affordable units. This project was developed with 100 percent
residential units at 20 units to the acre.
• A project at Main and South developed in the Duplex Residential (R-2) zone was developed on
3 acres and contained 30 units. The density was 10 units per acre. Three affordable units were
provided offsite on Sunset.
• A project built at 476 Rockview Street contained two units and was built on 0.11 acres in the
Multi -Family Residential -Hotel -Professional (R-4) district, resulting in a density of 17.4 units per
acre.
In conclusion, after evaluating the projects that have been approved/proposed in Morro Bay, the
City's development standards do not pose a constraint to development or affordable development.
JUNE 2014
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The greatest constraint to development in Morro Bay is the cost of land, which is market driven.
The City of Morro Bay has attempted to adopt development standards that provide modest control
over development as well as providing opportunities for projects to reduce standards via planned
developments, compact development, or variable density projects. By providing flexibility in the
development standards, the City allows greater opportunities for projects to achieve maximum
density yet still provides for development projects to meet the City's overall adopted goals. The City
provides incentives for projects that meet maximum densities.
The City's height limitation is primarily utilized to control the size and bulk of single-family units. As
stated above, single-family units are the bulk of the residential units constructed. A trend developed
in recent years where larger and taller single-family homes were proposed, which would have
resulted in units that were not consistent with existing neighborhoods. To address this issue, the City
adopted an emergency ordinance (Ordinance No. 543), requiring that any single-family unit
proposed over 2,500 square feet in size would require a conditional use permit. However the City
does not utilize the height limit in an attempt to restrict projects from achieving maximum density.
Multi -family structures as well as mixed -use structures utilizing the City's planned development
permitting process can request that the height standard be modified. This development standard is
specifically identified in the Zoning Ordinance as being eligible to be waived.
Although the City does not see the current development standards as a constraint to the
• development of housing, to ensure that multi -family projects are able to meet maximum densities
and generally to ensure that development standards do not constrain the development of multi-
family housing, the City has included Program H-1.3 which states that the City will continue to
allow flexibility in development standards such as height, parking, and setbacks for multi -family
projects.
Parking Standards
The City requires off-street parking for all new housing projects. These parking regulations do not
impact the ability to construct housing. In order to reduce development costs for low-income
projects, reductions in parking standards are allowed. Parking reductions may include allowing
tandem parking, paying an in -lieu fee, and shared parking between commercial and residential uses.
Further standards reductions are permitted for senior housing and housing for the disabled to
promote these types of housing. Therefore, parking standards tend to encourage the construction of
low-income and elderly housing by reducing the development costs and land area necessary to
construct off-street parking.
• I CITY OF MORRO BAY JUNE 2014
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HOUSING ELEMENT UPDATE
Planned Development Overlay Zone
The purpose of the Planned Development (PD) overlay zone is to provide detailed and substantial
analysis of development on parcels which, because of location, size, or public ownership, warrant
special review. This overlay zone is also intended to allow the modification of or exemption from
the development standards of the primary zone that would otherwise apply if such action would
result in better design or other public benefit.
The requirements and procedures apply to all properties that have, in addition to a primary or base
zone district, the Planned Development (PD) overlay zone, unless otherwise provided in the Zoning
Ordinance.
Below are the permitted uses subject to the granting of a conditional use permit for a conceptual
and/or a precise plan of development:
• Any principal or conditional use which is allowed by the primary zoning district is a permitted
use.
• Community housing projects as defined in Chapter 17.49 of the Zoning Ordinance may be
permitted in PD overlay residential zones. The provisions of that chapter also apply to the
• review of such PD overlay zone projects.
The standards for development within a PD overlay zone are those of the base zoning district,
provided, however, that standards may be modified by the Planning Commission or City Council as
they relate to building heights, yard requirements, and minimum lot area for dwelling units in the
density range prodded that any specific design criteria of the General Plan and coastal Land Use
Plan, applicable to the property, is not exceeded. For those areas of the city that are covered by the
Waterfront Master Plan, all new development projects requiring discretionary permits (conditional
use permits, etc.) must be consistent with the design guidelines contained in Chapter 5 of the
Waterfront Master Plan. Modifications of standards will only be approved upon a finding that
greater than normal public benefits may be achieved by such deviations. Such benefits may include,
but are not limited to, improved or innovative site and architectural design, greater public or private
usable open space and provisions of housing for the elderly or low/moderate-income families,
provision of extraordinary public access, and provision for protecting ESH areas, but in all cases
these provisions must meet the coastal land use policies.
New development and uses may be permitted only if found to be consistent with the applicable
policies of the Morro Bay General Plan and Local Coastal Program.
A concept plan must be submitted and approved pursuant to Chapter 17.40 of the Zoning
Ordinance prior to submittal of any new development, new use or change in use, or subdivisions of
a series of two or more commonly held contiguous parcels of land, on property within a PD overlay
zone which is publicly owned, including tidelands, or in its gross or aggregate area exceeds I acre.
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HOUSING ELEMENT UPDATE
Contents of the Conceptual Plan. The concept plan is to be a general development plan and may
not include construction plan drawings such as complete or tentative maps. The
following information must be included in the concept plan:
• Plot Plan. A proposed plot plan for the development, including project boundary designation,
perimeter of the ownership, location and dimensions of any existing property lines and
easements within the site, tentative location of buildings, roads, parking and open areas.
• Streets. The width and location of surrounding and adjoining streets and proposed street
alignments within the site, and connections to existing streets.
• Adjoining Properties. The use of adjoining properties, any building within 15 feet of the
property line must be precisely located.
• Topography. The existing and proposed changes in topography of the site, including the degree
of land disturbance, the location of drainage channels or watercourses, and the direction of
drainage flow.
• Utilities. The locations and capacities of existing utilities in the vicinity of the site and tentative
extensions to the site.
• Structures and Existing Trees. The location of any structures and existing trees in excess of 6 •
inches in diameter on the site designated for retention or removal.
• Phased Development. The approximate timetable and priorities of any phased development;
• Architectural Concepts. Sketches showing architectural concepts of the proposed budding,
including heights, design, exterior materials of proposed buildings, other structures, fencing, and
signing.
• Open Space Plan. Proposed open space plan including landscape concept and type of plant
materials, recreation area, parking, service, and other public area used in common on the
property; a description of intended improvements to the open area of the property.
• Other Information. The Planning Commission and City Council may require such other
information as deemed necessary, which may include but not be limited to, economic analysis,
habitat analysis, archaeological analysis, visual quality analysis, public access analysis,
thoroughfare plans, public services and facilities plans, utilities service plans, and conceptual
method of land subdivision or ownership arrangement described by a preliminary parcel or tract
map, pursuant to the provisions of Title 14 of the Zoning Ordinance.
JUNE 2014 CITY OF MORRO BAY •
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Concept Plan Approval. In addition to the review provisions of Chapter 17.60 of the Zoning
Ordinance describing the processing of conditional use permits, concept plans for PD overlay zone
properties must receive final approval from the City Council at a duly noticed public hearing. The
Planning Commission first reviews the concept plan by conducting a public hearing. If the
commission consideration is to approve the plan, it reports such findings and recommendation to
the City Council. If the commission determines to deny the plan, it need not be forwarded to the
council, and the commission decision is final unless appealed.
Precise Plans Required. Upon approval by the City Council of a concept plan, or where no
conceptual approval is required, a precise plan of development must be submitted to the Planning
Commission showing the details of property improvement and uses or activities to be conducted on
the site and any subdivision proposals. Precise plans are processed in accordance with procedures
for a conditional use permit as contained in Chapter 17.60 of the Zoning Ordinance.
Precise Plan Content. Plans are to be prepared containing all the general information required of
concept plans, which has been further developed to a precise level of detail. Any data or calculations
necessary to evaluate the precise plan proposal must accompany such plans. A precise plan is
required to contain the following minimum information:
• Total Development Plan. The total development plan showing the precise dimensions and
• locations of proposed structures, buildings, streets, parking, yards, pathways, open spaces, and
other public or private facilities.
• Architectural Elevations. Fully developed architectural elevations of all buildings, structures,
signs, and fencing, showing colors and materials of construction.
• Landscaping Plan. A landscaping plan showing plant materials, type and size of plants at the
time of planting, and method of maintenance.
• Engineering Plans. Engineering plans showing site grading and the amount of cut and fill,
including finished grades and proposed drainage facilities.
• Proposed Site Uses or Activities. Listing all of proposed site uses or activities to be conducted
on the site, with related floor area depicted or calculations of site area to be devoted to such
uses.
• Miscellaneous Plans. Miscellaneous plans (as appropriate) showing any exterior lighting, roof
plans, site cross sections, view sight lines, ESH mitigation plans, archaeological mitigation plans,
visual quality plans, public access mitigation plans, or other features necessary to evaluate the
specific proposal including the information required of community housing projects.
• Tentative Tract or Parcel Map. Tentative tract or parcel map, where lands involved in the
proposal are to be divided or joined together.
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Precise Plan Approval. The Planning Commission, in granting a conditional use permit for PD
overlay zone precise plans, must make the findings required by Section 17.60.030 of the Zoning
Ordinance and further find that precise plans are in substantial conformance with any conceptual
plan approval granted by the City Council.
In 1984, the City adopted a growth management ordinance (Ordinance No. 266) to allow fair
distribution of scarce water resources and protect the city's small-town character and surrounding
open space. Ordinance No. 266 mandates that building permits will be limited to a number
permitting an annual increase in population that would achieve the 12,200-person goal by the year
2000. No further residential building will be permitted after a population of 12,200 has been reached
unless an increase has been approved by a majority vote at a regular or special election. The City has
not yet reached a population of 12,200. As noted in Section 2. Housing Needs Assessment, the
City's population in 2013 was 10,317. Annually, the City Council allocates a number of `beater
equivalency units" (WEUs), some for single-family and some for multifamily development. The
annual number is the maximum number of pemlits (residential and commercial) that may be
approved. The annual number has varied over time but has never been reached or exceeded during a
single year, even during the years of greatest growth (2005-2007). The number of WEUs available
per year is based on water availability. Partially in response to the current drought, the number of
WEUs allocated for 2014 is 50, a relatively low number compared to overall trends since adoption
of the ordinance. The City Council has the authority to roll over unused WEUs to the subsequent
year. If the number of WEUs allocated annually from 2014 to 2019 is conservatively estimated as 50,
which would allow the approval of a maximum of 250 residential units during the planning period,
more than enough to accommodate the City s RHNA of 155 units.
On March 11, 2014, the Morro Bay City Council adopted Ordinance No. 584, which amends the
revoked Zoning Ordinance Chapter 17.50 (Affordable Housing, Density Bonuses and Incentives)
and replaced it in its entirety with density bonus provisions that are consistent with current state law.
Key provisions of the new density bonus regulations include:
• New construction of five or more units may receive a density bonus provided they satisfy one or
more of the following criteria:
o At least 10 percent of the units are designated for low-income households.
o At least 5 percent of the units are designated for very low-income households.
o At least 10 percent of the units are designated for moderate -income households,
provided that all units in the development are offered to the public for purchase.
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100 percent of the units are designated for senior citizens as defined in Section 51.3 and
51.12 of the Civil Code or mobile home park that limits residency based on age
requirements for housing for older persons pursuant to Government Code Section
798.76 or 799.5.
Donation of land to the City consisting of at least I acre, or of sufficient developable
acreage and zoning classification to permit construction of at least 40 units, and not less
than 10 percent of the residential units in the proposed development, that are affordable
to very low-income households
• The density bonus will be calculated as follows:
o A 20 percent density bonus, increasing by an additional 1.5 percent for each additional
percent increase in low-income units above the initial 10 percent threshold-
o A 20 percent density bonus, increasing by an additional 2.5 percent for each additional I
percent increase in very low-income units above the initial 5 percent threshold.
o A 20 percent density bonus for senior citizen housing developments.
o A 5 percent density bonus, increasing by an additional 1 percent for each additional
• percent increase in moderate -income units above the initial 10 percent threshold.
o When an applicant proposes to construct a housing development that is eligible for a
density bonus and includes a child-care facility that will be located on the premises of, or
adjacent to, the housing development, the City will grant either an additional density
bonus that is an amount of square feet of residential space that is equal to or greater than
the square footage of the child-care facility or an additional concession or incentive that
contributes significantly to the economic feasibility of the construction of the child-care
facility.
o The maximum density bonus is 35 percent when a project provides either 11 percent
very low-income units, 20 percent low-income units, or 40 percent moderate -income
units. All density bonus calculations resulting in fractional units are rounded up to the
next whole number of housing units.
Upon request of a developer eligible to receive a density bonus, the City will grant the following
parking standards, inclusive of handicapped and guest parking, for the entire project:
o Zero- to one -bedroom units — 1 on -site parking space per unit
o Two -bedroom units or more — 2 on -site parking spaces per unit
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The City may also provide other incentives for the development of affordable housing including
reduced site development standards, deferred or waived fees, direct financial aid, and other
regulatory developer incentives.
• Where affordable housing units have been provided per the requirements of Chapter 17.50, the
developer must ensure both the continued availability of affordable units for a minimum of 30
years and project phasing, including timing of completion, and rental or sale of affordable
housing units is required to occur concurrently with nonrestricted units.
Provisions for a Variety of Housing
Housing element law specifies that jurisdictions must identify adequate sites to be made available
through appropriate zoning and development standards to encourage the development of various
types of housing for all economic segments of the population. This includes single-family housing,
multi -family housing, manufactured housing, mobile homes, emergency shelters, and transitional
housing, among others. Table 41 summarizes those housing types.
•
JUNE 2014 CITY OF MORRO BAY is
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HOUSING ELEMENT UPDATE
Housing Types Permitted
Single -Family Dwellings
P P
P
Zone
P P
Districts
P
P
MUP
Duplexes
P
P
P
MUP
Multi -Family Dwellings
CUP
P
P
MUP
Second Units/Granny Flats
P P
P
P
P
P
Manufactured Homes
P P
P
P
MUP
Elderly Housing Units
Pt
Community Housing Project
CUP
CUP
CUP
CUP
Mobile Home Parks
CUP
CUP
CUP
Rooming and Boarding House
CUP
CUP
Residential Care Facilities2
P
P
P
P
Employee Housing (6 or fewer)
P
P
P P
P
Employee Housing (36 or fewer)
P P
Transitional and Supportive Housing
P P
P
P
P
P
P
Emergency Shelters
P
Single -Room Occupancy Units
P
P
Source: Morro Bay Zoning Ordinance, Accessed March 2014
P - Permitted by right
CUP- Conditional use permit required
MUP- Minor use permit required
Notes:
1. Permitted only when affordable to lour and/or moderate -income families.
2. Residential care facilities serving 6 or fewer persons are permitted in all residential districts by right,
larger group homes of more than 6 and up to 12 persons requires a minor use permit, and facilities serving
more than 12 persons require a conditional use permit.
The California Health and Safety Code (Section 50801) defines an emergency shelter as "housing
with minimal supportive services for homeless persons that is limited to occupancy of six months or
less by a homeless person. No individual or households may be denied emergency shelter because of
an inability to pay."
Legislation (Senate Bill 2 (Cedillo, 2007)) requires jurisdictions to allow emergency shelters and
supportive and transitional housing without a conditional use permit. The City's Zoning Ordinance
currently allows emergency shelters pursuant to a conditional use permit. The City must identify a
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zone(s) where emergency shelters will be allowed as a permitted use without a conditional use permit
or other discretionary permit. The zone or zones identified must have land available to
accommodate an emergency shelter.
On March 11, 2014, the Morro Bay City Council adopted Ordinance No. 584, which amends the
Zoning Ordinance to allow emergency shelters by right in the Central Business (C-1) district. The
C-1 district is close to services (shopping and public services) and transit stops. Within this zone, the
City has identified 3 acres on two parcels of land located next to each other that will allow adequate
capacity for the provision of an emergency shelter.
Supportive housing is defined by Section 50675.14 of the Health and Safety Code as housing with
linked on -site or off -site services with no limit on the length of stay and that is occupied by a target
population as defined in Health and Safety Code Section 53260 (i.e., low-income person with mental
disabilities, AIDS, substance abuse or chronic health conditions, or persons whose disabilities
originated before the age of 18). Services linked to supportive housing usually focuses on retaining
housing, living and working in the community, and/or health improvement.
Transitional housing is defined in Health and Safety Code Section 50675.2 as rental housing for
stays of at least six months but where the units are recirculated to another program recipient after a
set period. It may be designated for a homeless individual or family transitioning to permanent
housing. This housing can take many structural forms such as group housing and multi -family units
and may include supportive services to allow individuals to gain necessary life skills in support of
independent living.
Pursuant to Senate Bill (SB) 2, transitional and supportive housing types are required to be treated as
residential uses and subject only to those restrictions that apply to other residential uses of the same
type in the same zone. On March 11, 2014, the Morro Bay City Council adopted Ordinance No.
584, which amends the Zoning Ordinance to add the current definition of transitional housing and
supportive housing, as stated in this document, and lists these as permitted uses in all zoning
districts allowing residential uses.
Extremely low-income households typically comprise persons with special housing needs, including
but not limited to persons experiencing homelessness or at risk of homelessness, persons with
substance abuse problems, and farmworkers. Assembly Bill 2634 (Lieber, 2006) requires the
quantification and analysis of existing and projected housing needs of extremely low-income
households. Housing elements must also identify zoning to encourage and facilitate supportive
housing and single -room occupancy units (SROs).
On March 11, 2014, the Morro Bay City Council adopted Ordinance No. 584, which amends the
Zoning Ordinance to explicitly define and allow single -room occupancy units in the Central
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Business (C-1) and Mixed Commercial/Residential (MICR) districts. In addition, Program H-3.1
states that the City will continue to work with the private sector, nonprofit agencies, and to secure
funds through state and federal programs for development of new lower -income housing and
rehabilitation of existing lower -income households. As funding becomes available, the City will
prioritize a portion of the funds to encourage the development of housing for extremely low-income
households.
On March 11, 2014, the Morro Bay City Council adopted Ordinance No. 584, which amends the
Zoning Ordinance to remove constraints to housing for farmworkers. The Zoning Ordinance now
defines "employee housing" as housing that includes but is not limited to farmworker housing.
Employee housing for six or fewer workers will be deemed to be a single-family structure with a
residential land use and will be treated the same as a single-family dwelling of the same type in the
same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses will
include agricultural employees who do not work on the property where the employee housing is
located, and may consist of no more than 36 beds in a group quarters or 12 units or spaces designed
for use by a single family or household on land zoned for agricultural uses. Such employee housing
is considered to be an activity that in no way differs from an agricultural use. Ordinance No. 584
also amended Chapter 17.24 of the Zoning Ordinance to allow employee housing with a maximum
• of 36 beds in a group quarters or 12 units or spaces in the Agricultural (AG) and Suburban
Residential (R-A) districts.
•
Housing for Persons with Disabilities
Housing for Disabled Persons
Housing element law requires localities to include the following in the preparation and adoption of
the housing element: (1) an analysis of potential and actual constraints on housing for persons with
disabilities; (2) demonstration of efforts to remove governmental constraints; and (3) inclusion of
various programs or a means of reasonable accommodations for housing designed for persons with
disabilities. As part of the Housing Element process, the City analyzed its Land Use and Zoning
Ordinance, permitting process (conditional use permit process and variance), development
standards, and building codes to identify potential constraints for the development of housing.
%C''here impediments are found, the Objectives, Policies, and Programs section of the Housing
Element proposes specific actions and implementation schedules to remove such impediments. The
following section summarizes findings from the constraint analysis and proposed programs.
Zoning and Land Use
State and federal housing laws encourage an inclusive living environment, where persons of all walks
of life have the opportunity to find housing suited to their needs. The Zoning Ordinance allows a
range of housing types and prices for special needs groups, and allows foster homes and rest homes
pursuant to a conditional use permit. The Zoning Ordinance does not have geographical
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OUSING ELEMENT UPDATE
u
spacing/siting requirements for nursing homes, shelters, or foster care homes. Although these
classifications allow special needs housing, the City currently provides housing opportunity for
disabled persons. The City complies with state laws under the Community Care Facilities Act.
Residential care facilities serving 6 or fewer persons are permitted in all residential districts by right,
larger group homes of more than 6 and up to 12 persons require a minor use permit, and facilities
serving more than 12 persons require a conditional use permit. To further comply with SB 520, the
City defines family as one or more persons occupying premises and living as a single housekeeping
unit who not need be related by blood as distinguished from a group occupying a hotel, club, or
fraternity or sorority house.
The City enforces Title 24 of the California Code of Regulations, which are regulations on access
and adaptability of buildings to accommodate persons with disabilities. The City inspects plans to
ensure compliance with Americans with Disabilities Act (ADA) standards. The City's building code
requires new residential construction to comply with the ADA, which requires design standards for
"qualified" buildings consisting of three or more units. These requirements include the
incorporation of (1) adaptive design features for the interior of the unite (2) accessible public use and
common use portions; and (3) sufficiently wider doors to allow wheelchair access. Currently, Morro
Bay uses the 2010 edition of the California Building Code (updated every three years). The City has
not adopted unique restrictions for disabled housing, such as minimum distances between housing •
for persons with disabilities, or other regulations that could constrain the development,
maintenance, or alteration of housing for disabled persons. The City does not require new housing
projects to incorporate universal design standards, which are beyond the standards required by state
and federal law. In addition, the Zoning Ordinance does not have occupancy limitations, which are
preempted by state law. The Zoning Ordinance also does not define a family in a way that would
limit the number of persons per household or limit the relationship of the household members. The
Zoning Ordinance does not specify the types of development standards for special needs housing or
unique performance standards. However, convalescent homes and senior housing are allowed a
reduced parking requirement of only one space for every three beds plus employee parking and half
a space for seniors, respectively.
Permitting Procedures
To rehabilitate housing for disabled access, requests for modifications (e.g., ramps up to 30 inches in
height) do not require a building permit and are processed over the counter. However, Section
17.48.120 of the Morro Bay Municipal Code states that open, uncovered, raised porches, landing
places, or outside stairways may project not closer than 3 feet to any side or tear lot line, and not
exceeding 5 feet into any required front or street yard. City staff and the City Council have
administratively allowed ramps to allow persons with disabilities access to housing. The City
accommodates such requests by expediting the processing time for issuing a permit so a private
homeowner can build a ramp. Many requests are reasonable and can be handled administratively
over the counter; the City may wish to modify this code to exempt housing for persons with
disabilities. The City utilizes a standard conditional use permit process (approval by the Planning
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Commission) to ensure that facilities are sited and operated in a manner compatible with
surrounding land uses.
Building and Housing Codes
The Morro Bay Building Code is based on the California Budding Code (CBC), which determines
the minimum residential construction requirements for all of California. The CBC ensures safe
housing and is not considered a significant constraint to housing production.
Like most cities, Morro Bay responds to code enforcement problems largely on a complaint basis.
The usual process is to conduct a field investigation after a complaint has been submitted. If the
complaint is found to be valid, the seriousness of the problem is assessed. The more serious the
violation, the more urgent the City's action. The City encourages voluntary compliance through
letters and phone calls and/or site visits. If compliance cannot be attained in this manner, the City
may take more aggressive action through the legal process.
The City's philosophy has been to mitigate serious health or safety problems, but to allow the
property owners reasonable time and flexibility to comply. The City seeks to balance the need to
ensure safe housing against the potential loss of affordable housing that might result from overly
strict enforcement. There is no indication that code enforcement actions have unnecessarily
• restricted the use of older buildings or inhibited rehabilitation.
•
While permit processing times in Morro Bay do not appear excessive, this element does include a
policy stating the City's intent to expedite the processing of all development proposals that include
affordable housing. Program H-6.5 states that the City will continue to expedite the permit
processing procedure as an additional incentive for the development of affordable housing.
Assuming a full planning staff of two planners, coastal development permits and use permits would
take between 2 to 3 months for both single- and multi -family projects, including notice periods for
coastal development permits. One method to reduce this time significantly is to combine the 10-day
notice of intent to issue a pemut with the 10-day appeal period. Environmental review or CEQA
review can add months to the timeframe. This part of the process is out of the City's control. Also,
because of the City's coastal location, there are many sites within proximity to environmentally
sensitive habitat that will require CEQA review that can add additional time to the process outside
of the City's control.
2014 processing times were not excessive and don't significantly impact the cost of construction or
the ability to build. Table 42 provides a summary of typical processing times by household type.
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•
Tentative and Parcel
Coastal Development
Coastal Development
Map (division of a
Permit
Permit
property into four or
Typical Approval
fewer parcels)
Requirements
Use Permit
Tentative and Final
Map (division of
Building Permit
Building Permit
property into five or
more parcels)
Total Est. Time
2-3 months
4-5 months
8-18 months
Source: City of Morro Bay, 2014
Development Review
The following is a description of the development review process for single- and multi -family
developments in Morro Bay. Because the entire city is within the coastal zone, no proposals for
construction of a new single-family or multi -family unit can be ministerial.
First it must be determined whether the project is within the City's or the Coastal Commission's •
jurisdiction and whether it is within the California Coastal Commission appeal jurisdiction.
New Residences
East of Main Street
Administrative coastal permits will be required for construction of all new single- or multi -family
residences until the City obtains the approval of the Coastal Commission to exempt the area east of
Main Street to the Local Coastal Program Urban/Rural Boundary except those areas within a
Coastal Commission appeal jurisdiction, an ESH overlay zone, or on properties of 10 percent of
greater slopes from the requirement of obtaining a coastal development pemtit for the purpose of
construction of new, one-story single-family residences and two-story residences when the second
floor is less than 40 percent of the lot area. The Public Services Director is authorized to take
whatever steps are necessary to obtain Coastal Commission approval.
West of Main Street
• Outside appeal jurisdiction
Administrative coastal permits are required for properties located west of Main Street and not
within the appeal jurisdiction or ESH zone.
• Within appeal jurisdiction
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Regular coastal permits are required for properties located west of Main Street and within the
appeal jurisdiction or ESH zone.
Administrative Coastal Development Permits
Developments and/or uses requiring an administrative coastal development permit
The Public Services Director may process as an administrative permit any coastal development
permit application specifically for the following developments and/or uses and provided that the
development and/or use is not located in the coastal development permit appeal area.
• Improvements to any existing structure including minor additions to existing commercial,
industrial, or multi -family structures that do not result in an intensification of use or require a
conditional use permit, or add any additional units or create any environmental impacts and
which do not require a subdivision map.
• Any single-family dwelling.
• Development of four dwelling units or less on a residential lot that is not located within the
coastal appeal jurisdiction and/or ESH overlay zone and that does not require demolition of
• more than two units or a conditional use perritit.
Outside the Coastal Appeal -jurisdiction
•
A final decision on an application for a coastal development pernut for projects outside the coastal
development permit appeal area becomes effective after the City's 10-day appeal period has expired
unless an appeal of the Public Services Director and/or Planning Commission's decision is filed, or
the notice of final action is inadequate as described under Section17.58.080.B of the Zoning
Ordinance.
Within The Coastal Appeal jurisdiction
A final decision on an application for a coastal development permit for projects in the coastal
development permit appeal area is effective after the appeal period of 10 working days to the Coastal
Commission has expired unless either of the following occur.
An appeal is filed; or
• Notice of final City action does not meet the requirements set forth in Section 17.58.080.13 of
the Zoning Ordinance.
The effective date of the City's action may be suspended if either of the above circumstances occurs.
CITY" OF MORRO BAY JUNE 2014
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is
The City will not issue a building permit where a coastal development permit from the Coastal
Commission is required until:
The applicant has provided the City with a copy of the approved coastal development pemtit
and, if applicable, signed plans by the Coastal Commission; and
• The applicant ensures the building plans that the City intends to approve are consistent with the
plans signed off by the Coastal Commission staff or reflect any plan changes described in written
form; or
• The applicant provides the City with written verification from the Coastal Commission that a
coastal development permit is not required.
In addition to these requirements, a conditional use permit is required for any addition that adds
more than 25 percent to an existing nonconforming single-family home, or where the site is located
within a PD overlay area or where a property is subject to bluff development standards.
The City collects various fees from applicants to cover the costs of processing permits, including •
fees for planning approvals, subdivision map act approvals, environmental review, public works and
plan check services, and building pemvts. In addition to these service fees associated with
development processing, the City and the regional transportation agency charge several impact fees
to offset the future impact of development on regional traffic and circulation, parks, and libraries.
For a detailed list of all fees, see Appendix A. The City's Green Building Incentive Program
provides eligible projects with building and plan check fee rebates (see the Energy Conservation
Opportunities section of the Housing Element).
As a means of assessing the cost that fees contribute to development in Morro Bay, the City has
calculated the total fees associated with development of a single-family and multi -family
development. As indicated in Table 43, development fees for a 1,500-square-foot residential project
run approximately $25,000 per unit, and development fees for a multi -family project are
approximately $29,000 per unit for the same unit square footage. The fees for a single-family unit
make up about five percent of the total construction costs, and for a multifamily unit fees constitute
eight percent of total construction costs. These fees are consistent with other cities in San Luis
Obispo County and do not represent a significant financial constraint to new housing development.
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Source: City of Morro Bay 2014; City of Grover Beach Development Permit, 2013
Notes:
I Cost is for a I,S00-square foot house unth a taro -car garage
i Cost is for a 1, 500-square foot unit
3 Cost for vacant lot included m these numbers and assumed as $300,000 based on search of listings on
Truha-com for Morro Bay on March 27, 2014.
Site improvement costs include the cost of providing access to the site, clearing the site, and grading
the pad area. In the case of a subdivision, such costs may also include major improvements such as
building roads and installing sewer, water, and other utilities. As with land costs, several variables
affect costs, including site topography and proximity to established roads, sewers, and water lines.
Engineering and other technical assistance costs are usually included with site improvements, as
these services are required to ensure that development is constructed according to established codes
and standards.
The City requires that curbs, gutters, and sidewalks be placed along the frontage of every multi-
family lot (R-3 or above) on which new construction or significant alteration is done. These
improvements may be required for single-family lots under specific circumstances. These and other
site improvement costs are typical of all cities in California and do not impose a significant
constraint on the development of housing in Morro Bay. The City does not impose any unusual
requirements as conditions of approval for new development. City regulations are intended to
generally encourage high -quality private development and new construction. Traffic fees are
calculated by square footage: single-family (including garage square footage) is $1.86 per square foot
and multi -family (does not include garage square footage) is $2.90 per square foot.
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r�L
On March 11, 2014, the Mono Bay City Council adopted Ordinance No. 584, which revoked
Chapter 17.50 (Affordable Housing, Density Bonuses and Incentives) of the Municipal Code and
replaced it in its entirety with inclusionary housing provisions that are consistent with current state
law. Provisions in the new section include:
All new residential developments of five or more for -sale units must provide a minimum of one
inclusionary unit or 10 percent of the total number of units, whichever is greater, to be
affordable to families with incomes in the very low-, low-, or moderate -income ranges,
depending on the needs of the City at the time of approval.
The City requires the developer to provide affordable housing on -site where feasible. If the City
determines that this is not feasible based on a detailed economic analysis prepared by a City -
contracted consultant at the cost of the applicant, the City requires the developer to provide
such housing at another location in Morro Bay. If the City determines that it is not feasible for
the developer to provide such affordable housing off -site, the developer is required to pay a fee
in lieu of providing such housing
• Fees accepted for affordable housing are used by the City to construct or assist in the
construction of housing for rent or sale to very low-, low-, and moderate -income families or to •
purchase land for the purpose of affordable housing or to assist very low-, low-, and moderate -
income families to afford adequate housing or for other measures to provide housing for low -
and moderate -income families.
NON -GOVERNMENTAL CONSTRAINTS
Non -governmental constraints consist of land costs, the environment, vacancy rates, construction
costs, and availability of financing.
Land costs vary substantially based on a number of factors. The main determinants to land value are
location and zoning, though the size of a parcel will also affect price. Land that is conveniently
located in a desirable area zoned for residential uses will likely be more valuable and more expensive
than a remote piece of land zoned for agricultural uses.
Based on DataQuick, the median home sale price in Morro Bay was approximately $429,500 in
2013. Of this cost, more than half could be attributed to the land cost. Land costs present a
significant constraint to the production of affordable housing in the city.
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The price of land in Morro Bay varies considerably depending on a number of factors, including
location and availability of City services. The city's location adjacent to the ocean makes Morro Bay
an extremely desirable place to live. This creates a large demand for land which, when coupled with
voter -imposed growth controls, can significantly increase the cost of developable land.
In 2014, according to a land cost survey done by PNIC, undeveloped residential lots ranged from
$249,000 to $1,750,000. There were a total of 15 vacant lots for sale as of March 2014.
Construction costs are those incurred in actually constructing a dwelling unit. As with other land
development costs, construction costs vary. Important determinants of construction costs include
the amenities built into the unit, materials used, the prevailing labor rate, and the difficulty of
building on the site. In Morro Bay, expansive soils may necessitate more extensive footings for
houses, which can increase construction costs. Multiple -family residences such as apartments can
generally be constructed for slightly less than single-family residences. According to Building-
cost.net, a housing construction cost resource that calculates the total estimated cost of building a
new home (land costs not included), single-family home construction costs in 2014 were estimated
at approximately $105 per square foot for average quality construction.
• The estimated total construction cost of a 1,500-square-foot home with four walls, an attached
garage, central heating and air, and average building materials was $169,695.
•
The only recent multi -family units constructed in the city have been high -end units and therefore
may not reflect the true cost of developing units for lower -income residents. However, units were
constructed in Grover Beach in 2013 that better reflect that cost. Although Grover Beach land costs
may be different from those in Morro Bay, given the proximity of the cities, construction costs are
comparable. The four -unit budding constructed in Grover Beach has a building value of $372,573,
or $93,143 per unit.
The cost of borrowing money to finance the construction of housing or to purchase a house affects
the amount of affordably priced housing in Morro Bay. Fluctuating interest rates can eliminate many
potential homebuyers from the housing market or render a housing project that could have been
developed at lower interest rates infeasible. When interest rates decline, sales increase. The reverse
has been true when interest rates increase. Over the past decade, there has been a dramatic growth
in alternative mortgage products, including graduated mortgages and variable rate mortgages. These
types of loans allow homeowners to take advantage of lower initial interest rates and to qualify for
larger home loans. However, variable rate mortgages are not ideal for low- and moderate -income
households that Eve on tight budgets. In addition, the availability of variable rate mortgages has
declined in the last few years due to greater regulation of housing lending markets. Variable rate
mortgages may allow lower -income households to enter into homeownership, but there is a definite
risk of monthly housing costs rising above the financial means of that household. Therefore, the
CITY OF NIORRO BAY JUNE 2014
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HOUSING ELEMENT UPDATE
fixed interest rate mortgage remains the preferred type of loan, especially during periods of low,
stable interest rates. Table 44 illustrates interest rates as of March 2014. The table presents both the
interest rate and the annual percentage rate (APR) for different types of home loans. The interest
rate is the percentage of an amount of money which is paid for its use for a specified time, and the
APR is the yearly percentage rate that expresses the total finance charge on a loan over its entire
term. The APR includes the interest rate, fees, points, and mortgage insurance and is therefore a
more complete measure of a loan's cost than the interest rate alone. However, the loan's interest
rate, not its APR, is used to calculate the monthly principal and interest payment.
Source: unow.wellsfargo.eom, March 2014
Notes: Conforming loan is for no more than $417, 000. A jumbo loan is greater than $417, 000.
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5. ENERGY CONSERVATION OPPORTUNITIES
This section describes opportunities for conserving energy in existing homes as well as in new
residential construction. The factors affecting energy use, conservation programs currently available
in Morro Bay, and examples of effective programs used by other jurisdictions are discussed.
Factors Affecting Energy Use
The factors that affect residential energy use must be understood in order to identify opportunities
for conservation. One such factor is the size of the population. At any given time, the larger the
population, the more electricity is consumed. But over time, new conservation mandates and
technological advances decrease the per capita consumption of energy. This means that the total
energy use increases at a slower rate than population. The price of energy also has a significant
effect; the more expensive it becomes, the more incentive people have to conserve.
The local climate has a large effect on residential energy use. In general, Morro Bay has a mild
climate typical of many coastal communities. Summers are warm with early morning fog, and
winters are only moderately cold. Prolonged periods of cold weather cause increased energy use for
space and water heating. This situation is particularly true if homes are not well insulated.
• The efficiency of household appliances also affects energy use. Older appliances may not operate as
efficiently as when they were new, and many older appliances were built when energy conservation
was not considered important. Significant energy -efficient design advances have been made in
refrigerators, stoves, and furnaces.
•
The following energy conservation programs are implemented in Mono Bay:
• The California State Building Standards Code (specifically Title 24) requires that all new
residential development comply with several energy conservation standards. The standards
require ceiling, wall, and concrete slab insulation, vapor barriers, weatherstripping on doors and
windows, closeable doors on fireplaces, no continuous burning gas pilot fights, insulated heating
and cooling ducts, water heater insulation blankets, swimming pool covers and timers, certified
energy -efficient appliances, etc. All new construction in Morro Bay must comply with Title 24.
• The California Energy Commission (CEC) has developed a set of energy efficiency guidelines
for local planning agencies. As part of those guidelines, the CEC addresses building efficiency
beyond the Title 24 standards. The City of Mono Bay may wish to include these guidelines in its
building code.
• The City "Green Building Incentive Program" provides incentives for green and energy -
conserving projects. The City has a green building kiosk at the public services counter,
maintained b} SLO Green Build, that provides educational materials relating to green building
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•
and energy conservation. The City encourages residents to participate in energy efficiency
retrofit programs by providing information, maintained by San Luis Obispo County Energy
Watch, containing rebates and incentives relating to energy efficiency retrofits, at the public
services counter.
On January 14, 2014, the Morro Bay City Council adopted the City's Climate Action Plan. The
Climate Action Plan identifies strategies to reduce GHG emissions and focuses, in part, on
reducing energy use from the built environment. The Climate Action Plan includes measures to
encourage energy efficiency outreach and incentive programs, energy audit and retrofit
programs, income -qualified energy efficient weatherization, incentives for exceeding Title 24
building energy efficiency standards, small scale on -site solar photovoltaic, and income -qualified
solar photovoltaic.
• Income -qualified Morro Bay homeowners are also eligible for no -cost solar installations through
the nonprofit group Grid Alternatives.
Examples of Programs from Other Jurisdictions
Land use planning and zoning practices can conserve energy. For example, if the general plan and
zoning ordinance encourage residential subdivision in a relatively isolated area, far from commercial
facilities such as grocery stores, residents must travel longer distances to take care of their daily •
shopping and service needs. Keeping housing and jobs in balance and near each other helps to
reduce energy use for commuting. Longer trips usually necessitate using an automobile rather than
walking or cycling. Changing the land use pattern can also change energy use patterns. The intent of
land use planning measures is to reduce the distances of automobile travel, reduce the costs of
construction, and increase the potential for residents to complete shopping and other chores
without driving or by driving shorter distances.
One example of a land use planning technique for energy conservation is to encourage infill
(development on vacant or underused lots) and compact, contiguous development. Morro Bay has a
few existing vacant lots for development. As property is annexed to the city to meet the demand for
housing, the city boundaries should expand concentrically rather than allowing dispersed
development in outlying areas. Mixed -use development should be allowed, particularly in the core
areas and along collector roads.
Compact development results in the secondary energy savings of embodied energy. Embodied
energy is the term used for the energy spent producing the materials and finished products, such as
sewer pipes, electrical lines, and paving materials. Minimizing the length of necessary water, sewer,
and electricity lines consumes less of those products and decreases the total energy consumption.
Compact development also means there can be more convenient and accessible public transit.
Efficient intracity transit service requires a minimum of 12 housing units per acre (Calthorpe 1990).
The Regional Transit Authority (RTA) provides daily fixed -route service from the Morro Bay area
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into Los Osos and San Luis Obispo, where transit riders can connect with other countywide transit
sen-ices. The Citv also provides a dial -a -ride service within the city limits.
Efficiency in Individual Homes
A variety of public and quasi -public programs could be made available in Morro Bay to assist
homeowners and renters in retrofitting to improve energy efficiency. The City currently provides the
following programs:
• Home Investment Partnership Program, which includes energy and water efficiency upgrades as
eligible activities.
• Toilet Retrofit Program Rebates
• Water Efficient Washing Machine Rebate Program
The City should encourage energy efficiency in residential construction by offering incentives and
negotiating with developers to emphasize energy -efficient construction practices. Developers and
consumers often discard long-term savings potential in favor of immediate cost savings. The City
currently provides the following incentives:
• • Green Budding Incentive Program, which provides eligible projects with building and plan check
fee rebates for achieving third -party green budding certification, exceeding 20 percent of Title 24
requirements, renewable energy systems, and green roofs.
Energy -efficient, new residential construction can cut energy consumption in the home by up to 50
percent. Energy -efficient home construction and retrofits should contain some or all of the
following:
• Double -pane windows (two panes of glass enclose a vacuum -tight space that does not allow heat
and cold to transfer as quickly as it does in a window with a single pane of glass)
• Attic insulation greater than R-19 (soft, fiberglass insulation is given an "R" rating based on its
capacity to insulate an area; a higher R value indicates greater insulation capability)
• Rigid attic insulation (generally a compressed Styrofoam insulation with an R-30 value)
• Additional wall insulation (older homes may not have insulated walls)
• Fluorescent indoor fighting (a standard, incandescent light bulb uses more energy)
• Dimmer switches and task lighting (dimmer switches allow lower lighting levels and less
electricity use, while task lighting directs fight to necessary areas without wastefully lighting a
larger area)
CITY OF MORRO BAY
79
JUNE 2014
HOUSING ELEMENT UPDATE
•
• Halogen outdoor lighting (halogen, like fluorescent, is more efficient than incandescent light)
• Lighting motion detectors that turn on lights only when they detect a person in the room or area
• Shade trees along southern and western exposures, and glazing to reduce the heat from windows
on hot summer days
• Solar screens that reduce the amount of heat from solar radiation coming through windows
• Evaporative cooler, which uses less energy than air conditioner
• Microwave oven, which uses less energy than an electric or gas oven
• Gas (rather than electric or propane) water heater and range/oven
• Weatherized windows and doors that do not have cracks to cause drafts
• Pools and/or hot tubs with integrated cleaning and heating systems (including pool covers,
active solar heating, and efficient filters, pumps, and motors)
• Energy use automatic timers that provide energy use only when it is necessary •
• Drip irrigation system that conserves water and reduces the energy needed for pumping water
• Drought -tolerant landscaping
• Active solar elements and passive solar design
• Energy -efficient appliances (in new construction and replacing older appliances in existing
homes)
• Storm windows to cut back on heat loss through windows during the winter
• Reflective film on south -facing windows to minimize heat gain during the summer
• Individual meters for gas, electricity, and water (to encourage conservation) in multi -family units
The City can also employ policies that encourage solar energy technology in both retrofits and new
construction. There are two distinct approaches to solar heating. active and passive. Active systems
use mechanical equipment to collect and transport heat —the relatively common roof plate
collector system used in solar water and space heaters. Collectors can contain water or air that is
pumped through conduits and heated, then piped to the spaces to be heated or to a water heater
tank.
JUNE 2014
80
CITY OF MORRO BAY
•
•
•
HOUSING ELEMENT UPDATE
Conversely, passive solar systems collect and transport heat through non -mechanical means.
Essentially, the structure itself becomes part of the collection and transmission system. Certain types
of building materials absorb solar energy and can transmit that energy later. Passive systems often
employ skylight windows to allow sunlight to enter the room and masonry walls or walls with water
pipes inside to store the solar heat. This heat is then generated back into the room when the room
cools in the evening.
The best method to encourage use of active solar systems for heating and cooking is to not restrict
their use in the zoning and building ordinances and to require subdivision layouts that facilitate solar
use. Programs H-22.1 through H-22.6 are proposed to address energy conservation and efficiency in
the City.
CITY OF NIORRO BAY JUNE 2014
81
HOUSING ELEMENT UPDATE
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•
•
JUNE 2014 CITY OF MORRO BAY I •
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HOUSING ELEMENT UPDATE
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State law requires that the Housing Element contain a "statement of the community's goals,
quantified objectives and policies relative to the maintenance, improvement and development of
housing." This chapter describes the proposed goals, objectives, policies, and implementation
programs of the Housing Element for the City of Morro Bay.
Dates shown in the "Time frame" indicate the scheduled implementation of the program, which will
be in effect from that time through the duration of the planning period For the Housing Element,
the term "second unit" is interchangeable with "granny unit" and "accessory unit." The term
`lower -income groups" is interchangeable with the extremely low-, very low-, low-, and moderate -
income categories.
1. Housing Supply
Objective: Provide a continuing supply of affordable housing to meet the
needs of existing and future Mono Bay residents in all income categories.
Policy H--1 (Fair Share)
Maintain land use policies that allow residential growth consistent with the availability of
adequate infrastructure and public services.
Program H-1.1
The City will give the highest priority for residential development to affordable
housing projects. These projects will automatically be allowed first priority for the
allocation of new residential growth in each year. The priority for affordable units
will also include the allocation of water and other resources as consistent with the
Local Coastal Plan.
Responsible Agency/Department
Time Frame:
Funding:
Program 11-1.2
Public Services Department
Annually
General Fund
To ensure there is a sufficient supply of multi -family zoned land to meet the City's
Regional Housing Needs Allocation (RHNA), the City will help facilitate lot
consolidations to combine small residential lots into larger developable lots by
annually meeting with local developers to discuss development opportunities and
incentives for lot consolidation to accommodate affordable housing units. As
developers/owners approach the City interested in lot consolidation for the
development of affordable housing, the City will offer the following incentives on a
project —by -project basis:
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HOUSING ELEMENT UPDATE
JUNE 2014
• Allow affordable projects to exceed the maximum height limits,
• Decrease setbacks, and/or
• Reduce parking requirements.
The City will also consider offsetting fees (when financially feasible) and
concurrent/fast tracking of project application reviews to developers who provide
affordable housing.
Responsible Agency/Department.Public Services Department
Time Frame. Ongoing, as projects are processed through
the Planning Division. Annually meet with
local developers to discuss development
opportunities and incentives for lot
consolidation..
Funding. • Geneml Fund
Program H-1.3
To ensure affordable multi -family projects meet maximum densities, the City will
continue to implement procedures with objective standards to promote flexibility in
development standards (height, parking, and setbacks) and promote the use of
density bonuses to increase densities. The City will biannually review the multi -family
development standards in the Zoning Ordinance and revise as necessary to ensure
they don't act as a constraint to the development of affordable housing in the city.
The City will give priority to projects that provide extremely low-, very low-, and
low-income housing.
Responsible Agency/Department-
Time Frame.
Funding:
Program H-1.4
Public Services Department
Work with developers on a case -by -case basis
to provide flexibility in development standards
and promote density bonuses to increase
densities as projects are processed through
the Planning Division and Bi-annually review
the multifamily development standards in the
Zoning Ordinance.
General Fund
In order to create a vibrant, pedestrian- and bicycle -friendly small urban atmosphere
in the downtown area and ensure optimal access to services and public
transportation, the City will encourage the development of new high -density housing
in and adjacent to the downtown commercial district. To facilitate this goal, the City
will inventory vacant and underutilized lots in and adjacent to the downtown
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business district, identify sites or areas where re -zoning to high -density residential or
mixed use categories might be desirable and modify the City's zoning map as
appropriate.
Responsible Agency/Depamnem City CoumA Public Services Department
Time Frame. Conduct inventory by July Vl& If decision is
made to revise Zoning Ordinance, revise by
December 2018.
Funding-. General Fund
Program H-1.5
The City will consider establishing minimum residential density requirements for the
R-3, R-4, and MCR zoning districts.
Responsible Agency/Department. City Council, Public Services Department
Time Frame. Prepare recommendation on whether to revise
zoning by July 2018. ff decision is made to
require minimum densities, revise Zoning
Ordinance by December 2018.
Fending: General Fund
Program H-1.6
The City will explore the option of expanding the number of liveaboard slips to
increase the variety of housing types offered in Morro Bay.
Responsible Agency/Department Public Services Division, Harbor Department
Time Frame. Investigate feasibility of expanding liveaboard
by December 2015
Funding. General Fund
Policy H-2 (Water Resources)
Continue to pursue additional water resources identified in the Water Management Plan.
Progxgm H-2.1
The City will, to the extent feasible, allocate water resources to allow maximum
growth to hill buddout consistent with limitations contained in the certified Local
Coastal Plan, General Plan, and Ordinance 266 as amended. At least annually, the
Public Services Department will provide an update to the City Council on available
water supplies, projected demand under the General Plan, and the status of projects
to ensure adequate supply to meet the needs of the community in accordance with
the Water Management Plan, the General Plan, and this element.
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HOUSING ELEMENT UPDATE
Responsible Agency/Depamnent• Pubfic Services Department
Time Frame. Annually
Funding. • Dater Fund
Policy H-3 (Funding)
To the extent feasible, solicit housing assistance funds from the state and federal
governments in conjunction with nonprofit and for -profit developers to be used in the
construction of new and rehabilitation of existing secondary units and very low- and low-
income housing units.
Program H-3.1
The City will continue to work with the private sector, nonprofit agencies and to
secure funds and be supportive of others pursuing funds through state and federal
programs for development of new lower -income housing and rehabilitation of
existing lower -income households (including mobile homes). As funding becomes
available, the City will prioritize a portion of the funds to encourage the development
of housing for extremely low-income households.
In addition, in light of budget constraints and reduced staffing levels, it is unlikely
that the City will pursue grant funds for affordable housing acquisition or new
construction projects. Housing grant funds will be pursued for energy efficiency
audits and retrofits and infrastructure repairs. Pursuit of funds for rehabilitation will
occur when it is determined there is a sufficient level of interest in this type of
program.
Responsible Agency/Depatunem: public Services Department
Time Frame. Apply for funding annually
Funding: CDBG, HOME, others
Policy H-4 (Methods)
Continue to explore alternative methods for increasing its affordable housing stock with the
goal of providing adequate extremely low-, very low-, and low-income, senior, and ADA
accessible housing.
JUNE 2014
Program H-4.1
The City will contact HCD, housing advocates, affordable housing providers, and
other appropriate information resources on an annual basis in order to stay current
with the latest options for providing affordable housing.
Responsible Agency/Department planning Division
Time Frame. Annually
Funding. General Fund
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Program H-4.2
Most recent housing developments in Mono Bay have not been constructed to the
maximum densities allowed by zoning. Market conditions, bank financing, and
insurance requirements have favored the construction of single-family detached
houses. To increase housing supply and obtain densities closer to those envisioned
by zoning policies, the City will do the following:
• Implement Section 17.21.70 of the City Zoning Code (Additional Incentives)
that offers incentives for developing greater than the minimum densities in
the multiple -family zones. The City is sensitive to the loss of multi -family -
zoned land to less intensive uses, particularly given the limited number of
vacant mull -family sites remaining in Morro Bay and their potential
contribution toward meeting the City's housing needs.
Responsible Agency/Departrneat.• City Council, Planning Division
Time Frame: Ongoing
Funding: General Fund
Policy H-S (Housing Costs)
• Ensure that the City's adopted policies, regulations, and procedures do not add unnecessarily
to the cost of housing, while still attaining other important City objectives.
•
Program H-5.1
The City will review its user charges for public services and facilities to ensure the
charges are consistent with the costs of improvements and maintenance.
Responsible Agency/Deparaneat. Public Seivices Department, Finance
Department
Time Frame: Starring in 2015, then even' three [-ears
Funding: General Fund
Policy H-6.a (General Affordability)
Continue to require a percentage of new housing units built in the city be affordable to very
low-, loin-, and moderate -income households.
Policy H-6.b (Variable Density)
In order to encourage development of small units, development of a greater number of
residential units than otherwise allowed under the existing land use and/or zoning
designation may be permitted, provided that (1) at least 65 percent of the units are developed
as studio or one -bedroom units; (2) the population density at full buildout of the project
does not exceed the population density that corresponds with the existing land use
designation and/or zoning or 1 person for every 500 square feet, whichever is less; and
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HOUSING ELEMENT UPDATE
(3) the proposed project complies with all applicable zoning regulations, except as modified
by the decision -maker through discretionary review.
JUNE 2014
Program H-6.1
The City will continue to implement the inclusionary requirements of Section 17.50
of the Municipal code which requires that all new residential development projects of
5 or more for -sale units provide a minimum of one unit or 10 percent of the total
number of units, whichever is greater, to be affordable to families with incomes in
the very low-, low- or moderate -income ranges, depending on the needs of the City
at the time of approval. The lower -income units may be either for rent or for sale,
but shall remain affordable for at least 30 years, or such other term approved by the
City, consistent with state law.
Responsible Agency/Departnenc City Council/Planning Division
Time Frame. Ongoing, as projects are processed through
the Planning Department
Funding. General Fund
Program H-6.2
As an alternative to building inclusionary units, the City will allow a development to
pay an in -lieu fee. Currently, the fee amount is determined with the following
method: (construction cost x percentage of fee based on project size, where
construction costs include all expenses related to the development of housing units,
including land, construction, on- and off -site infrastructure, and associated soft
costs). The City will conduct an analysis on the current method to determine
whether the current fees are appropriate. If they are found to not be appropriate, the
City will conduct a nexus study. Once established, the in -lieu fees will be collected
and held in an affordable housing trust fund. To ensure any modifications to the
City's Inclusionary Program as a result of the nexus study do not adversely impact
market -rate housing, the City will also evaluate whether the Inclusionary Program
poses a constraint to the development of housing. If this is found to be the case, the
City will revise the program to ensure it is not a constraint to development.
Responsible Agency/Department- Public Services Department, Finance
Department
Time Frame. Determine whether fees are appropriate and
identify constraints (if needed) by June 2016;
make any recommended revisions to the fee
cakuladons and Inclusionary Program by
December 2016
Funding. General Fund
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1 i Z. ii _ 1. � E;11K
The City will continue to require affordable housing developments to be designed
consistent with the surrounding neighborhood in order to enhance the sense of
belonging to the community. Forms, materials, and proportions should be utilized
that are compatible with the character of the surroundings.
Responsible Agency/Deparbnem, City Council, Pl"ning Division
Time Frame.. - ongoing, as projects are processed through
the Planning Division
Funding: General Fund
Program H-6.4
The City will codify neighborhood preservation guidelines for affordable units in
Section 17.28.200 of the Morro Bay Municipal Code when the Zoning Ordinance is
amended.
Responsible AgencylDepartmenC City Council, Planning Division
Time Frame: August2015
Fundingr General Fund
Program H-6.5
The City may, on a case -by -case basis, allow for modifications/incentives to
development standards, such as common access driveways, building height
restrictions, parking, distance between buildings, setbacks, lot coverage, screening,
varying lot sizes, open space requirements, fast -track permitting, density bonuses,
variable densities on multi -family zones property, transfer of development credits,
fee assistance, and any other modifications/incentives or combination of
modifications/incentives, which are jointly agreed upon by the applicant and the
decision -maker, as an incentive for constructing specific affordable housing projects.
This is not intended to be an exhaustive list of modifications/incentives available to
the applicant and/or decision -maker. The City will prepare public outreach materials,
including adding information to the City's website to inform the public of a variety
of types of modifications or incentives offered
Responsibk Agency/Department
Time Frame:
Funding:
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Public Services Department
Ongoing, as projects are processed through
the Planning Division
General Fund
JUNE 2014
HOUSING ELEMENT UPDATE
Program H-6.6
The City will consider amending the Community Housing Ordinance to require that
housing units developed under the terms of this code section be priced for sale or
rental to persons of moderate or lower income.
Responsible Agency/Depattment. City Council, Pub& Services Department
Time Frame: Prepare recommendation on whether to adopt
an ordinance by July 2018. Hdecision is made
to adopt an ordinance, adopt by December
2018.
Funding: General Fund
Policy H--7 (Housing Trust Fund)
Develop a Housing Trust Fund to be used for the development of affordable housing
projects.
Program H-7.1
This fund will be used to assist nonprofit and for -profit developers to construct
lower -income housing, purchase land, write down land or financing costs,
rehabilitate or preserve existing units, prepare other implementation measures
consistent with this element, and/or monitor housing policies and programs on an
ongoing basis.
Assuming that the current market conditions will continue to exist during the 5-year
Housing Element time frame, the City estimates that it will assist two to seven units.
Responsible Agency/Department. Public Services Department, Finance
Department
Time Frame. Modify by2012
Funding: General Fund
Policy H-8 (Mixed Housing Types)
Encourage the mixing of affordable housing throughout the community rather than
concentrating affordable units in a few locations.
JUNE 2014
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HOUSING ELEMENT UPDATE
Proaram H-8.1
The City will allow the conversion of older motels to residential use, subject to
discretionary review, outside the Visitor -Serving Commercial (C-VS) and Waterfront
(WF) zones. Criteria for approving residential uses will be stated in the Zoning
Ordinance. These conversions will also receive a priority in the unit allocation fist.
Responsible Agencv/Department: City Council, Planning Division
Time Frame: Ongoing, codify criteria by August 2019
Funding General Fund
Policy H-9 (Mixed Use)
Continue to promote a policy of mixed uses by allowing housing in conjunction with
compatible commercial uses in appropriate mined -use designations located throughout the
city. The allowance of these mixed -use designations will require additional findings to ensure
new projects do not change the character of the neighborhood.
Proamm H-9.1
The City will develop criteria for determining the appropriate compatible mix of
residential and commercial development to ensure neighborhood consistency.
• Responsible Agency/Department.Public Sersrces Department
Time Frame: Codify criteria b}'June 20M
Funding: General Fund
Policy H-10 (Secondary Units)
Allow for the development of secondary housing units as an affordable housing option
throughout the city.
Proaram H-10.1
To comply with AB 1866, the City will continue to permit secondary dwelling units
ministerially (by right) in all residential zones. An administrative coastal development
permit, which does not require approval at a Planning Commission hearing but does
require noticing, is required for new secondary• units in or outside the coastal appeals
jurisdiction.
ResponsibleAgenct/Department.• Planning Division
Time Frame: Ongoing, as projects are processed through
the Planning Division
Funding. General Fund
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HOUSING ELEMENT UPDATE
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2. Conservation and Rehabilitation
Objective: Conserve and rehabilitate the city's current stock of affordable
housing.
Policy H-11 (Section 8 Subsidies)
Continue to maintain Section 8 rent subsidies.
Program H-11.1
The City will coordinate its efforts with the appropriate agencies to continue
receiving Section 8 subsidy monies.
Responsibk Agency/Department Public Services Department
Time Frame. Ongoing, 2014-2019
Funding. • Cenral Plan
Policy H-12 (Special Needs Groups)
Provide financial assistance for rehabilitation of homes for elderly, disabled, and
disadvantaged persons.
Program H-12.1 •
The City will encourage local private organizations to assist elderly, disabled, and
disadvantaged persons in the repair and rehabilitation of their housing.
Responsible Agency/Department: Public Services Department
Time Frame. Meet with organizations annually
Funding: CDBG, HOME, other funding sources to be
determined
Policy H-13 (Minimizing Impact)
Ensure that public projects are planned to minimize their impact on the quality and stability
of residential neighborhoods.
Program H-13.1
The City is considering adopting neighborhood compatibility standards for new
developments in existing neighborhoods. The City will consider developing a
standard set of criteria to use in determining whether proposed projects are
compatible with the existing neighborhoods in which they are proposed, the purpose
of which is to give project proponents clear direction for project design and to
provide staff and the Planning Commission with clear guidelines for decision -
making. These criteria could include a pre -application process to provide dear
direction for the project.
JUNE 2014 CITY OF MORRO BAY 1 •
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Responsible Agenc -IDepartment Public Services Department
Time Frame: Consider developing standards and adopt
standards if determined they are needed by
June 2015
Funding: General Fund
Policy H-14 (Mobile Home Park Upkeep)
Maintain the city's mobile home park
Program H-14.1
The City will promote the continued upkeep of existing economically viable mobile
home parks by keeping park owners informed of opportunities through HCD to
maintain mobile home parks through energy retrofits, housing rehabilitation, and
weatherization programs.
Responsible Agency/Department: Public Services Department
Time Frame: Inform owners every two years beginning in
2015
Funding.- General Fund
Program H-14.2
The City will when feasible apply for a grant to conduct a feasibility study to
determine the possibility of a mobile home park conversion program. The study will
include an inventory of the number of units that are RVs, trailers, or mobile homes
on a chassis (not on permanent foundation), the condition of the units, and the
identification of oppormnities to replace them with new permanent affordable
housing units.
Responsible Agency/Department Public Services Department
Time Frame: As funding sources become available;
consider applying for funds by October 2014
Funding: CDBG, HOME, other funding sources to be
determined
3. Protect and conserve existing affordable housing stock in
Morro Bay.
Objective: Preserve all affordable housing units in the city.
Policy H-15 (At -Risk Units)
Cooperate with other governmental, for -profit, and nonprofit entities to ensure no lower -
income residents are adversely impacted by the conversion of existing affordable housing
projects to market -rate rents.
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JUNE 2014
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Program H-15.1
The City will maintain a fist of all dwellings in the city that are subsidized by
government funding or low-income housing developed through local regulations or
incentives. The list will include, at least, the number of units, the type of government
program, and the date on which the units may convert to market -rate dwellings. No
units have been identified as at -risk of converting to market rate within 10 years of
the beginning of the 5" ryde Housing Element planning period.
The City will require all property owners to provide at least 2 years' notice prior to
the conversion of any units for lower -income households to market -rate units in any
of the following circumstances:
■ The units were constructed with the aid of government funding.
• The units were required by the City's Affordable Housing Program.
■ The project was granted a density bonus.
■ The project received other incentives.
Such notice will be given at least to the following.
■ The City
• HCD
■ Housing Authority of the City of San Luis Obispo
■ Residents of at -risk units
• Any others deemed appropriate
Responsible Agency/Department- Public Services Department
Time Frame. Ongoing
Funding. General Fund
Policy H-16 (Conversion to Condominiums)
Continue to protect existing lower -income apartment units from loss through conversion to
condominiums.
JUNE 2014
126
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HOUSING ELEMENT UPDATE
Program H-16.1
The City will continue to comply with Government Code Section 65590 et seq. that
sets forth the requirements for conversions, demolitions, and replacement housing in
the coastal zone.
Responsible Agency/Department: Public Services Department
Time Frame: Ongoing, 2014-2019
Funding. Genera/Fund
Policy H-17 (Demolished Units)
Require the replacement of very low-, low-, and moderate -income housing that is
demolished with similar affordable housing.
Program H-17.1
The City will require the abatement of unsafe structures, while giving property
owners ample time to correct deficiencies. Residents displaced by such abatement
should be provided relocation assistance.
Responsible Agency/Department. Public Services Department
• Time Frame: Ongoing, 2014 2019
Funding. General Fund
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4. Special Needs
Objective: Meet the housing needs of special groups of Morro Bay residents,
including seniors, disabled persons, and single parents.
Policy H-18 (Senior Housing)
Provide more senior housing opportunities throughout the city.
Program H-18.1
The City will utilize CDBG and other state or federal monies to assist in the
development of lower -income senior rentals.
Responsible Ageng/Deparunent. Public Services Department
Time Frame: Apply for funding as Notices of Funding
Availability (NOFA) are released
Funding. CDWIfederal monies
CITY OF MORRO BAY JUNE 2014
127
HOUSING ELEMENT UPDATE
Policy H-19 (Special Housing Needs)
Promote the development of special housing needs, such as transitional housing, housing for
seniors, housing for persons with physical, developmental, or mental disabilities, farmworker
housing, and housing for extremely low-income persons.
Program H-19.1 (Developmental Disability Needsl
The City will work with housing providers to ensure that special housing needs and
the needs of lower -income households are addressed for seniors, large families,
female -headed households with children, persons with disabilities and developmental
disabilities, extremely low-income households, and homeless individuals and families.
The City will seek to meet these special housing needs through a combination of
regulatory incentives, zoning standards, new housing construction programs, and
supportive services programs. The City will promote market -rate and affordable
housing sites, housing programs, and financial assistance available from the City,
county, state, and federal governments. In addition, as appropriate, the City will
apply for or support others' applications for funding under state and federal
programs designated specifically for special needs groups.
Responsible Agenry/Deparunent Public Services Department, City Council
Time Frame: Seek hording opportunities beginning in
2014-2015 and annually thereafter, all program
components are ongoing
Funding. Federal Housing Opportunities for Persons
with AIDS, Cahforma Child Care Facility
Financing Program, and other state and
federal programs designated specifically for
special needs groups
Policy H-20 (Family Housing)
Support family housing that addresses resident needs for child care, youth services,
recreation opportunities, and access to transit.
Program H-20.1
As part of the process of assessing a proposed residential development, the City will
evaluate the potential to incorporate other uses within the project or in conjunction
with the project, including, but not limited to, project -serving retail, job centers, or
services such as child care.
Responsible Agency/Department
Time Frame:
Funding.•
JUNE 2014
128
Public Services Department
As projects are processed through the
Planning Division
Affordable Housing Fund
CITY OF MORRO BAY
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HOUSING ELEMENT UPDATE
The Homeless
Objective: Reduce the incidence of homeless persons in the community, work
with other cities, the County, and various nonprofits to continue to operate a
convenient homeless shelter for the region.
Policy H-21 (Regional Homeless Shelters)
Participate in the operations and maintenance of the regional homeless shelter facility. The
City will continue to provide information about housing opportunities and services for
homeless persons through the Police Department as well as at City Hall.
Program H-21.1
The City will cooperate with other cities, the County, and other agencies in the
development of programs aimed at providing homeless shelters and related services,
including medical service for walk-in cases. The City will continue to implement the
regional plan to end homelessness entitled "Housing for All: A Plan to End
Homelessness."
Responsible Agency/Departrnent.
Time Frame:
Funding:
Energy Conservation
Public Services Department
Ongoing, meet with homeless service
prodders and other county' jurisdictions
annuadv
General Fund
Objective: Increase the efficiency of energy use in new and existing homes,
with a concurrent reduction in housing costs to Morro Bay residents.
Policy H-22 (Energy Efficiency Requirements)
Require all new dwelling units to meet current state requirements for energy efficiency. The
retrofitting of existing units will be encouraged.
Program H-22.1
The City will continue to implement Title 24 of the California Code of Regulations
on all new development and will continue to ensure that local building codes are
consistent with state mandated or recommended green building standards. The City
will also continue to encourage the use of additional innovative energy conservation
techniques such as active and passive solar systems, orientation, and project layout in
an endeavor to further reduce dependence on outside energy sources. The City will
make handouts and literature available to the public outlining measures that they can
take to reduce energy use.
CITY OF MORRO BAY JUNE 2014
129
HOUSING ELEMENT UPDATE
JUNE 2014
Responsible Agency/Department-
Time Frame.
Funding.
Program H-22.2
Building Division, Public Services
Department
Ongoing, ensure consistency with state green
building standards triennially when the
California Building Cadets adopted
Plan check fees and General Fund
The City will work with the Pacific Gas and Electric Company (PG&E) and the
Southern California Gas Company to encourage existing residents to participate in
energy efficiency retrofit programs. The City will consider sponsoring an energy
awareness program in conjunction with PG&E and the Southern California Gas
Company to educate residents about the benefits of various retrofit programs.
Responsible Agency/Depattmens Public Services Department
Time Frame. Ongoing, as projects are processed through
the Planning Division
Funding. • General Fund/PG&E
Program H-22.3
To promote residential energy efficiency retrofits, the City will pursue membership
in a property assessed clean energy (PACE) program. PACE programs allow
property owners to install water and energy efficiency and renewable energy projects
with low interest financing that rides with the property instead of the homeowner.
The City will coordinate with the County or statewide PACE program providers to
identify and enroll in an appropriate program.
Responsible Agency/Department
Time Frame.
Funding,.
Program H-22.4
Public Services Department
EnroOin a PACE program by 2015
General Fund
The City will consider adopting an ordinance to require all new residential
construction to incorporate active or passive solar energy features or other renewable
energy generating systems.
Responsible Agency/Department City Council, Public Services Department
Time Frame: Prepare recommendation on whether to adopt
an ordinance by December 2916. If decision is
made to adopt an ordinance, adopt by August
M17.
Funding: General Fund
130
CITY OF MORRO BAY
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HOUSING ELEMENT UPDATE
Program H-22.5
The City will consider establishing a rotating fund to provide low -interest loans to
Morro Bay residents for the purpose of:
• Installing solar or other renewable energy generating systems on existing
residential structures, or
• Retrofitting existing residential structures with insulation, double pane
windows, passive solar features, or other features that will materially reduce
energy consumption.
Initial capitalization of the fund might be provided by a local tax on the sale of
electricity, natural gas, propane, automotive fuels, or other traditional energy
industries, or by an environmental mitigation fee charge levied on parcels occupied
by facilities for electrical generation or transmission, natural gas extraction or
transportation, or production or distribution of liquefied propane.
Responsible Agenct/Deparmtenv Citv Council, Public Services Department,
Finance Department
Time Frame: Research program by December 2015
Funding. General Fund or County of San Luis Obispo
funding sources
Program H-22.6
The City will consider adopting an ordinance that would require, as a condition for
approval of any permit for the expansion or modification of a residential dwelling
within the City of Morro Bay, that the entire residence, including both the existing
structure and the proposed addition or modification be brought into compliance
with the currently -enacted requirements of Title 24 of the California Code of
Regulations to the greatest degree feasible. In the event that full compliance with the
requirements of Title 24 is asserted to be less than feasible by the applicant for such
permit or by the Planning Department of the City of Mono Bay, approval of the
requested permit should be granted only by action, in a duly -noticed public hearing,
of the Planning Commission or City Council of the City of Morro Bay.
Responsible Agency/Department:
Time Frame:
Funding:
City Council, Public Services Department
Prepare recommendation on whether to adopt
an ordinance by December 2016. If decision is
made to adopt an ordinance, adopt by August
2017.
GenemlFund
CITY OF MORRO BAY JUNE 2014
131
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HOUSING ELEMENT UPDATE
Policy H-23 (Energy -Efficient Land Use)
Encourage energy efficiency in new land use patterns, to the extent feasible.
Program H-23.1
The City will continue to implement the subdivision ordinance which requires that
new subdivisions incorporate design features reducing vehicle dependence and
encouraging pedestrian and bicycle circulation through the development of transit
stops and bicycle and pedestrian routes, where feasible and appropriate.
Responsible Agency/Department: Public Services Department
Time Frame: As projects are processed through the
Planning Division
Funding. General Fund
Equal Opportunity
Objective: Ensure equal access to sound, affordable housing for all persons
regardless of race, creed, age, or sex.
Policy H-24 (Fair Employment and Housing)
Promote the enforcement of the policies of the California Department of Fair Employment
and Housing. The City declares that all persons, regardless of race, creed, age, or sex, will
have equal access to sound and affordable housing.
Program H-24.1
The City will continue to provide information from the California Department of
Fair Employment and Housing regarding housing and tenant rights at City Hall and
other prominent locations in the city, including the Public Services Department. The
City will refer persons experiencing discrimination in housing to California Rural
Legal Assistance (CRLA).
Responsible Agency/Department
Time Frame:
Funding.•
Public Participation
Planning Division and
that receive complaints
ongoing
General Fund
all City departments
Objective: Ensure participation of all economic segments of the community in
the development of housing policy for Morro Bay.
JUNE 2014
132
CITY OF MORRO BAY
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HOUSING ELEMENT UPDATE
Policy H-25 (Public Participation)
Encourage the participation of all citizens of Morro Bay in the development of housing
policies for the city.
Program H-25.1
Prior to any public hearing where the City is considering amending or updating the
housing element, the City will directly notify People's Self -Help Housing
Corporation, the Housing Authority of the City of San Luis Obispo, California Rural
Legal Assistance, the Chamber of Commerce and Business Bureau, and local
churches, as well as post notices on the City's website and at significant public
locations.
Responsible Agrnry/Dep"nnenc Public Services Deparomeat
Time Frame: Ongoing
Funding. Genera/ Fund
Program H-25.2
The City will advocate for affordable housing by educating the Planning
Commission, the City Council, and the public on the benefits of affordable housing.
Responsible Agency/Deparmienc
Time Frame:
Fuodnng
CITY OF DIORRO BAY
133
Public Services Department, City Manager,
Community Groups
Ongoing
CDBG/GenenJFund
JUNE 2014
HOUSING ELEMENT UPDATE
QUANTIFIED OBJECTIVES SUMMARY
Based on the policies and actions outlined in Table 46, the following objectives represent a
reasonable expectation of the maximum number of new housing units that will be developed,
rehabilitated, or conserved and the number of households that will be assisted over the next five
years. The City should be able to facilitate the development of 149 new units and assist with the
rehabilitation of 35 units between 2014 and 2019.
Income
Level
Extremely
Low
Very Low
Low
Moderate
Above
Moderate
Total
Fair Share Allocation
19
20
24
27
65
155
Residential Permits
0
0
0
0
6
6
Issued (1/14-3/14)
New Construction
19
20
24
27
59
149
Objectives'
Rehabilitation
2
8
15
10
0
35
Preservations
0
0
0
0
0
0
Total
21
28
39
37
65
190
Source: SLOCOG 2013, City of Morro Bay 2014
Notes:
' These numbers are based on the Regional Housing Needs Allocation.
7 There are no units currently at risk, but the City unil continue to monitor the existing affordable units
(Program H-l5-1 ).
JUNE 2014
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CITY OF MORRO BAY
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APPEN DIX A -
MASTER FEE SCHEDULE
Adopted
Master Fee Schedule
For the 2013/ 14 Fiscal Year
Table of Contents
Preface
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
2013/14 Resolution of Adoption
40
•
Too
City of Morro Bay •
Master Fee Schedule
For the 2013/14 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 2013 = 2.273%
CPI for April 2013 = 0.9%
CPI for March 2013 = 1.3%
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 2013/14 Fiscal Year
All Departments & Offices
Photocopies:
First page
0 IS
Each additional page
S
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.
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City of Morro Bay
Master Fee Schedule
For the 2013/14 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
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2
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City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Finance Department
Copies:
Budget document, per copy $ 25.00
Basic Financial Statements (City Audit), per copy 0
Master Fee Schedule document, per copy $ 25.00
Returned check charge (CA Civil Code Section 1719): a
First time $ 25.00
Each subsequent $ 35.01M
Utility Billing:
Water service application fee $ 25A.
Physical posting of shut-off notice at customer location $ 54.00
Refundable Utility deposit - residential tenants only' $ 100.00i
Reconnection (MC 13.04.310) $ 46.00
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 tenants status changes to an owner, the
deposit is refunded.
3
City of Morro Bay •
Master Fee Schedule
For the 2013/ 14 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
$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
Building Re -Address Processing $ 30.00
Demo w/o Asbestos $ 66.00
Demo w/ Asbestos $ 133.00
In -lieu Housing Fee (if unit not affordable housing) - per sq/ft $ 0.32
General Plan Maintenance - 6% Surcharge on all Building Permits Z
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
Re -Inspection Fees - per hour $ 76.00
Property condition report for Condominium Conversions $ 18.00
Inspection for which no fee is otherwise indicated - per hour,
1/2 hour minimum $ 76.00
Additional Plan Review required by changes, additions,
revisions to the approved plans - per hour, 112 hour minimum $ 76.00
Use of outside consultants for special plan checking and inspection - charged at
actual cost
Penalty for commencing construction without permit(s). This
is in addition to the standard building permit fees. $ 105.00
+ 2 times permit fee
+ $52.00 per day
after notice
Retrofit upon transfer of sale $ 34.00 •
z General Plan Maintenance surcharge includes 1% for Geographic Information System (GIS) Maintenance
4
• City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Building
Development Impact Fees
Building fees, per square foot 4
Residential:
Single Family s $ 3.89 4&g,
Multi -Family 6.21
Non-residential: .
Commercial `' 3.90
Office S
$
Industrial
$
1.44
Park fees for residential in -fill lots, per square foot:
Single Family
1.20
•
Multi -Family
$
2.00
Water fee:
1" meter
3
2,422.00 u
meter
_
4844.00
2" me meter
s
3 meter
15 495.00
Wastewater fee:
I" meter
S
4,446.00
IM
1-1/2" meter
$
8,893.00
2" meter
$
17,783.00
3" meter
$
28,452.00
s Adjust annually based on change in Engineering News Record (ENR).
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
City of Morro Bay •
Master Fee Schedule
For the 2013/ 14 Fiscal Year
Building
Development Impact Fees
Public Facilities Fees (per square foot):
Residential:
Single Family Residential:
General Government
$
1.15
Police
$
0.39
Parks
$
1.20
Fire
$
0.42
Storm Drain
$
0.05
Traffic
$
1.86
Water
$
0.64 •
Wastewater
$
1.79
Multi -Family Residential:
General Government
$
1.91
Police
$
0.63
Parks
$
2.00
Fire
$
0.70
Storm Drain
$
0.06
Traffic
$
2.90
Water
$
0.97
Wastewater
$
2.66
6 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 2013/14 Fiscal Year
Building
Development Impact Fees
Public Facilities Fees, per square foot (continued):
Non-residential:
Commercial:
General Government
$ 0.23
Police
$'
Parks
0.01
Fire
5 0
Storm Drain
0.03
Traffic
$
Water 6
$ 2.41
Wastewater
$ 4.45
Office:
•
General Government
$ 0.31
Police
$ 0.08
Parks
$ 0.01
Fire
$ 0.30
Storm Drain
$ 0.03
Traffic
$ 2.01
Water
$ 2.41
Wastewater 6
$ 4.45
Industrial:
General Government
$ 0.09
Police
$ 0.03
Parks
$ 0.01
Fire
$ 0.08
Storm Drain
$ 0.03
Traffic
$ 1.16
Water 6
$ 2.41
Wastewater
$ 4.45
•
6 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 2013/14 Fiscal Year
Public Services Department
Business License?
Business License:
Business License fee - varies by type of license requested
Business License listing, per list
Business License, transfer (MC 5.04.220)
Business License, duplicate (MC 5.04.230)
Home Occupation Permit Processing Fee (one time fee)
Home Occupation Basic (annual)
Home Occupation Exception (annual)
See Subsequent Pages
$ 15.00
`P 2.00
$ 2.00
$ 65.00
$ 135.00
$ 57.00
With the adoption of the 2013/14 Master Fee Schedule, a $3 software maintenance fee was added to
Business License fees.
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8
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Public Services Department
Business License?
Exhibit A
Business License (MC 5.08):
Ambulances
License
Annum
$
109.00
Apartments, Motel, Hotel, Multiple Dwellings, Rest Homes,
Rooming Houses, Hospitals & Sanitariums
Annum
$
135.00
Plus: Each Unit/Person cared for Over 4
$
5.00
Art Hobby or Handicraft Show & Exhibitions
Gross Receipts
Minimum Per Salesperson
Annum
$
3.00
Auctioneers
No Fixed Place of Business
Day
$
135.00
Fixed Place of Business
Annum
$
135.00
Plus: Each Employee
Annum
$
32.00
Bingo
5
66.00
Camivals and Circuses
Day
$
534.00
3-more sale
Annum
5
135.00
Coin -Operated Vending Machine
Gross Receipts
0.01
Contractors
General
Annum
$
266.00
One Job Only
Job
$
135.00
Specialty
Annum
$
135.60
One Job Only
Job
$
35.00
Delivery By Vehicle For One or More Vehicles
Annum
$
135.00
Exhibiting Animals or Trick Riding, Wire Dancing or other
Exhibitions (Exception No Fee or Admission)
Day
$
56.00
Fire Wreck or Bankrupt Sale, Each Sale
$
189.00
•
Plus: In Excess of 3 Days
Day
S
109.00
With the adoption of the 2013/14 Master Fee Schedule, a $3 software maintenance fee was added to
Business License fees.
9
City of Morro Bay •
Master Fee Schedule
For the 2013/ 14 Fiscal Year
Public Services Department
Business License'
Exhibit A (page 2)
Flea Markets
Daily Gross
Minimum per Salesperson
Day
$ 10.00
Garage Sales
No Fee
ERR
Merry -Go -Round, Revolving Wheel Chute, Tobaggan, Slide,
Mechanical Riding Contrivance or Pony Ride
Day
$ 56.00
Money Lenders & Pawnshops
$ 537.00
Non -Profit Organizations
Exempt
Peddlers, Solicitors, or Itinerant Merchants
Peddlers
Day
$ 56.00
Solicitors
Day
$ 109.00 •
Plus: Each Employee
Day
$ 53.00
Itinerant Merchants
Day
$ 56.00
Week
$ 109.00
Month
$ 162.00
Quarter
$ 213.00
180 days
$ 266.00
Public Utilities
Annum
$ 135.00
Plus: Each Employee
Annum
$ 32.00
Exception: When City Franchise Tax is greater than $80.00
Private Patrol
Annum
$ 67.00
Public Dance (Exception No Fee or Admission)
Day
$ 56.00
Real Estate
Calif. Licensed Broker
Annum
$ 135.00
Each Salesman or Agent
Annum
$ 32.00
Each Employee
Annum
$ 23.00
•
With the adoption of the 2013/14 Master Fee Schedule, a $3 software maintenance
fee was added
to
Business License fees.
10
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Public Services Department
Business License?
Exhibit A (page 3)
Secondhand Store or 3unkdealer
Annum
$
135.00
Plus: Each Employee
Annum
5
32.00
Skating Rink
Annum
$
135.00
Plus: Employee
Annum
S
32.00
Taxicabs
License Per Cab
Annum
$
73.00
Driver-.
Annum
$
10.00
Tent Show or Itinerant Show (Exception No Fee or Admission)
Day
$
135.00
House, RV or Mobile Home Park
Rental Spaces 1-4
Annum
$
135.00
lus: Additional Space
Annum
$
5.00
Undesignated Professionals
Annum
$
135.00
Plus: Each Employee
Annum
$
32.00
Wrestling or Boxing Show
Day
$
56.00
With the adoption of the 2013/14 Master Fee Schedule, a $3 software maintenance fee was added to
Business License fees.
is
11
City of Morro Bay •
Master Fee Schedule
For the 2013/14 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 `'
$
190.00
Flood Plain Letter
$
95.00
Subdivisions:
Final Map - Tract, minimum fee (MC 16.24.040J) s&9
$
1,222.00
Final Parcel Maps with Improvements, minimum fee 8
$
314.00
Final Maps Amendment Review, minimum fee 8&9
$
263.00 •
Inspections/Plan Review
Inspections
Cost of service
Public/Subdivision Improvement Plan Check, minimum fee88,9
$
450.00
Abandonment Process
Street/R-O-W Abandonment Process9
$
898.00
Encroachment Permits' (MC 13.16.140):
Regular
$
129.00
Special - Engineered Structures, minimum fee 8
$
282.00
Non -Engineered Structures, minimum fee 8
$
129.00
Annual Utility Encroachment Permit
$
198.00
VJide Load Permit with Traffic Control Plans - Per Year
$
90.00
Wide Load Permit with Traffic Control Plans - One Time 8
$
16.00
Street & Sidewalks:
Exception Application
$
160.00
8 Time and materials costs may be added to minimum, when actual cost exceeds the minimum fee. •
9 With the exception of Wide Load Permits, Encroachment Permits fees adjust annually based on the April
Engineering News Record (ENR-CCR)
12
• City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
•
0
Public Services Department
Engineering
Stormwater fees:
Single family:
anning review of preliminary stormwater plan $ 142.00
Building permit review of stormwater plan S 186.00
Inspection of stormwater facility/erosion control $ 99.00
Other (per 6,000 sq ft lot area, or fraction thereof):
Planning review of preliminary stormwater plan $ 142.00
Building permit review of stormwater plan $ 186.00
Inspection of stormwater facility/erosion control $ 99.00
Trees:
Removal Permit (to trim, brace or remove, MC 12.08.110) $ 256.00
City of Morro Bay •
Master Fee Schedule
For the 2013/14 Fiscal Year
Public Services Department
Planning
Affordable Housing In -Lieu Funding Assistance Fee $ 541.00
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.
Coastal Permits:
Coastal Permit in combination with Conditional Use Permit
No Fee
Coastal Permit (Administrative)
$
704.00
Single Family Dwelling, Multiple Dwelling, Office, Commercial,
•
Convention, Industrial & Institutional
$
3,044.00
Additions greater than 10% to Single Family Dwelling in
Coastal Appeals area (Planning Commission)
$
505.00
Emergency Permit (excluding required regular CDP)
$
634.00
Other Administrative:
Tree Removal, private
$
242.00
Environmental:
Categorical Exemption
$
86.00
Negative Declaration
$
1,047.00
Mitigated Negative Declaration
$
3,356.00
Filing Fee - for environmental document as per County
$
51.00
Environmental Impact Report - contract amount plus 25%
attorney fees on all discretionary projects - cost
$
4,556.00
Department of Fish & Game CEQA document fee (pass through -
see
wvvw.dfg.ca.gov for fee)
•
•
CJ
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Public services Department
Planning
Miscellaneous:
Letter regarding land use confirmation or other research -
per hour
Development Agreement
Applicant Requested Continuance
:we
S 4,555.00
$ 111.00
Street Name, Rename Processing 5 403.00
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) 5 110.00
Appeals of City decisions excluding Coastal Permits in
Coastal Appeal Jurisdiction - refundable if applicant prevails 5 250.00
Copy of Planning Commission DVD = i2.0-
Notification fees:
Planning Commission hearings $ 138.00
Administrative hearings = S7.00
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).
City of Morro Bay •
Master Fee Schedule
For the 2013/14 Fiscal Year
Public Services Department
Planning
Sign Permits:
Sign permit
$
86.00
Sign Exception (CUP)
$
714.00
Pole Sign (CUP)
$
714.00
Fines:
Temporary, beyond time allowed by Ordinance - per day after
notice
$
10.00
Permanently attached signs w/o permit - per day after notice
$
21.00
Subdivisions:
Note: all subdivisions may be billed at direct cost
Tentative Parcel Map Application
$
3,245.00
•
Tentative Tract Map Application up to 10 lots/plus $100.00 per lot
over 10
$
4,327.00
Amendments to Existing Tract or Parcel Maps
$
2,323.00
Lot Line Adjustment
$
762.00
Certificate of Compliance (legal determination) - fee plus a
deposit for extensive research as needed
$
525.00
Lot Mergers
$
211.00
Text Amendments:
Zone Changes - deposit plus cost
$
4,556.00
Specific Plan
$
4,683.00
General Plan/Local Coastal Plan Amendment deposit plus cost
$
4,683.00
Annexations - deposit plus cost
$
4,931.00
Time Extensions:
Time Extensions for CUP, regular Coastal Permits and Variance
(Planning Commission)
$
525.00
Time Extensions for Tract Maps and Parcel Maps
$
525.00
•
Time Extensions - Administrative
$
44.00
16
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Public Services Department
Planning
Use Permits
Note: All Use Permits may be billed at direct cost at the discretion of the Public Services
Director - scheduled fee would then be deemed as a deposit
Note: All refund requests must be submitted in wnting to the City and must include the
permit number.
Conditional Use Permit
$
3,917.00
One SFR in a Planned Developed Zone or Bluff Area
$
594.00
Occu�an,Y chances Commercial/Industrial (no construction
$
505.00
MUUI VIID V IIVII IIIVIIIu119 USG �U UUUI C-1, IIUI dUU111y WI1-b VI IICW
uses
$
505.00
Minor Use Permit
$
541.00
Temporary Use Permit - longer than 10 days
$
541.00
Outdoor Display and Sales and Outdoor Dining
5
863.00
• Administrative Temporary Use Permit - 7 consecutive or 10 non-
consecutive days per calendar year
$
44.00
Amendments to Existing Permits (Planning Commission)
:,942.00
Major Modification While Processing
$
1,459.00
Minor Amendments to Existing Permts (Adrir'�t-at.e;
:54.00
Variances:
Variance
S
2,-I:3.00
Variances processed with other permits
$
725.00
Minor Variance
399.00
Parking Exceptions
$
123.00
CA
City of Morro Bay •
Master Fee Schedule
For the 2013/14 Fiscal Year
Public Services Department
Water
Water Service:
Application (MC 13.04.07) $ 25.00
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)
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 to 5/8 inch meter (water fee plus wastewater fee)
$
1,350.00
1 inch to 1-1/2 inch meter
$
1,811.00
2 inch meter and above
$
Cost of service
Meter Box Installation
$
218.00
•
Temporary Water Meter Rental
$
87.00
Water Meter Re -Read
$
26.00
Reconnection (MC 13.04.310)
$
46.00
After - Hours Water Meter Turn Off/On
$
117.00
"Drop in" meter fee, up to 2 inches
$
.75 x regular meter fee
Relocation of water meter for customer convenience
$
1.5 x regular meter fee
Water meter lock - cost of replacing damaged lock
$
Lock + $46
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
Water Cross Connection (MC 13.08.070B):
Certificate of Compliance
$
23.00
Water Usage (MC 13.04.220, sewer rates not included):
Per Council Resolution
Water Deposit:
•
Refundable deposit - residential tenants only
$
100.00
18
• City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Public Services Department
Sewer
Sewer:
Connection Permit - fee plus staff time for inspection (MC
13.12.010) S 76.00
Extension - pro rated - to be charged at cost (MC 13.12.050)
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
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
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Police Department
(See Notes)
Permits & Licenses:
Sex/Narcotic Registrant Fee
$
0.00
Tow/Taxi Service Provider Application Fee
$
598.00
Taxi Operator Permit Application Fee
$
381.00
Taxi Operator Permit Application Renewal Fee
$
64.00
Second Hand Dealer Permit - City Application Fee (does not
include Department of Justice fee)
S
318.00
Second Hand Dealer Permit renewal - City Application Fee (does
not include Department of Justice fee)
$
158.00
Massage Therapist/Parlor Permit Application Fee
$
132.00
Police Copies:
Report/Document Copies - per page
$
1.00
Support Services Manager Activity:
Digital Photo Reproduction to CD - per hour, 1 hour minimum
$
53.00
Audio/Video Tape Reproduction - per hour, 1 hour minimum
$
53.00
Record Searches/Reviews/Clearance/Responses - per hour, 1
hour minimum
$
53.00
Officer Activity:
Equipment Citation Sign Off
$
15.00
Vehicle Impound Fee Administrative Costs (CVD 22850.5)
$
158.00
Abandoned Vehicle Removal (junk vehicles/parts)
$
318.00
Juvenile In Custody Service - per hour
$
69.00
•
0
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Police Department
(See Notes)
Other Police Services: ifh
Firearms - seizurelstorage (PC 12021.3 33880) $ 53.00
State Mandated Costs
Concealed Weapons Permit (does not include DO] or other
fees) $ 106.00
Renewal of Concealed Weapons Permit (does not include cost
of ID card) $ 26.00
Subpoena Duces Tecum (does not include costs of report, etc.)
$
15.30
ftcluent Parking Citation Copy
$
2.00
Repossessed Vehicle
$
15.00
• moo nfc�g Fees current cost - cost is
dependent on charges by County)
$
115.00
Live scan Fingerprint Fees (PC 13300(e))
5
DOJ + $20
Criminal History Review (PC 13322)
$
26.00
Cost Recovery
DUI Emergency Response
Actual Cost y�
False Alarm Response (after 3rd false alarm
in a year)
$
212.00
No Cost Services:
Bicycle License
$
0.00
_
Voluntary Gun Registration
$
0.00
t�
21
City of Morro Bay •
Master Fee Schedule
For the 2013/14 Fiscal Year
Police Department
(See Notes)
Parking Fines:
MBMC
Vehicle Code
Parking within a Parkway
10.40.020
$
53.00
No Parking Areas
10.40.030
$
53.00
Posted Restricted Parking
10.40.040
$
53.00
72-Hour Parking
10.40.060
$
64.00
Vehicle Repair on Public Street
10.40,080
$
53.00
Parking on Grade without Turning Wheels
10.40.090
$
53.00
Parking within Space Marking
10.40.110
$
53.00
Curb Markings (red, yellow, etc.)
10.40.120
$
53.00
Parking in Passenger Loading Zone
10.40.150
$
53.00
Parking in Alley
10.40.160
$
53.00
Limited Time Parking
10.40.170
$
53.00
•
Violating Diagonal Parking
10.40.190
$
53.00
No Stopping in Designated Area
10,40.200
$
53.00
Failure to Pay Established Fee
10.44.070
$
53.00
Failure to Display Receipt
10.44.070
$
53.00
Overnight Camping
08.24.010
$
112.00
Expired registration
4000(a)
$
53.00
Parking in Fire Lane
22500.1
$
169.00
Blocking Driveway
22500e
$
53.00
Blocking Wheelchair Access
22500L
$
109.00
Parking within 15' of Fire Hydrant
22514
$
117.00
Blocking Sidewalk
22500f
$
53.00
Blocking a Bus Stop
22500i
$
90.00
Blocking Intersection Gridlock
22526
$
186.00
Curb Parking 18" or Wrong Way
22502A
$
53.00
Parking in Bike Lane
2121115
$
53.00
Vehicle Abandonment on Street
22523
$
328.00
•
Handicap
22507.8A
$
301.00
• City of Morro Bay
Master Fee Schedule
For the 2013/14 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.
•
13
City of Morro Bay
Master Fee Schedule
For the 2013/14 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 12021.30)(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
is
•
24
City of Morro Bay
Master Fee Schedule
For the 2013/14 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
5
64.00
Any con-onation of permits shall not exceed
191.00
Special Occurrence or Use Permit (equipment & personnel
charges additional)
$
64.00
Special Permits:
Marine Welding Permit: Vessel, Pier, Wharf, Waterfront
$
42.00
Aircraft Landing Permit, per occurrence (required Fire standby
equipment & personnel charges additional)
$
64.00
• Knox Box installation/inspection, first box $ 42.00
More than one Knox Box per address, each additional box
$ 10.00
Equipment & Personnel Charges
Engine or Truck: per hour, per vehicle (personnel charges
additional)
_ 122.00
Squad/Rescue: per hour, per vehicle (personnel charges
additional)
$ 90.00
Utility/Command Vehicle: per hour, per vehicle (personnel
charges additional)
$ 42.00
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
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 2013/14 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
$
64.00
Commercial - fee plus $0.55 per head
$
318.00
Commercial projects or tenant improvements under 1,000 sq ft -
fee plus $.055 per head
$
103.00
Underground water line inspection
$
64.00
Fire Alarm System Installation Inspection
0 - 15 devices
$
64.00
16 - 50 devices
5
106.00
•
51 - 100 devices
$
201.00
101 - 500 devices
5
291.00
501 and up, fee plus $130 for each additional 100 devices
$
291.00
Specialized Fire Protection System Inspection, e.g., Halon, Dry
Chemical Commercial Kitchen Hood System
$
64.00
Flammable or Combustible Tank Installation Inspection
$
64.00
On -site Hydrant System Installation Inspection
$
64.00
Use of Outside Consultants for Plan Review & and/or Inspection - fee
plus actual cost
$
64.00
Request for Building Fire Flow Calculations
$
37.00
Request for Hydrant Flow Information
$
37.00
Request for Hydrant Flow Test - fee plus personnel & equipment as
specified in Personnel and Equipment Charges, 1 hr min.
$
37.00
Engine company business inspection:
1st and 2nd inspections
$
0.00
3rd and subsequent inspections
$
79.00
•
26
• City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Fire Department
(See Notes)
Fire Prevention:
New and annual business/facility inspection fees:
1st a426d Inspections: no charge
$
0.00
3rd and subsequent inspections
$
79.00
Administrative citation for failure to correct a violation shall be
charged per 1.03.050 of the Municipal Code
$
106.00
Administrative citiation for second violation of the same ordinance in
the same year shall be charged per 1.03.050 of the Municipal Code
5
212.00
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
• Inspection
Annual reed and hazard abatement fees:
1st inspection for compliance: no charge
$
0.00
2nd arc s.:bsequert irspectiors
$
79.00
Administrative citation for failure to correct a violation shall be
charged per 1.03.050 of the Municipal Code
$
106.00
Administrative ciliation for second violation of the same ordinance in
the same year shall be charged per 1.03.050 of the Municipal Code $ 212.00
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
•
V
City of Morro Bay •
Master Fee Schedule
For the 2013/14 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
5 41.00
• City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Fire Department
Notes
Permits - California Fire Code
See operational and construction permits identified in the California Fire Code,
Appendix Chapter 1, 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.
L
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Harbor Departmentlo
(See Notes)
Vesselfees:
Commercial fishing slips - monthly rate (per foot)
$
4.10
Commercial fishing slip waiting list deposit
$
433.00
Transient slips - monthly rate (per foot)
$
8.20
Transient slips - daily rate (per foot)
$
1.10
Head Float Berth - monthly
$
182.10
Daily T-Pier rate/floating dock - first consecutive 90 days (per foot)
$
0.25
City moorings - monthly
$
200.00
City moorings private tackle - monthly
$
80.00
A1-5 Anchorage Area - 1-5 days (per foot)
$
0.00
A1-5 Anchorage Area - after 5 days (per foot)
$
0.20
•
City -owned moorings - daily (per foot)
$
0.25
Monthly impound rate (per foot) (non -impounded vessels)
$
7.00
Impound mooring rate - daily (per foot) (impounded vessels)
$
0.65
Temporary Moorage - large vessels/equipment (per day)
$
162.00
Dry storage - daily
$
2.80
Mooring transfer fee (flat rate)
$
1,072.00
Service fees:
T-Pier electrical - daily
$
2.30
Electric cord replacement
$
155.00
T-Pier hoist - per use
$
11.00
T-Pier hoist - per day
$
21.00
Fishing unloading - per hour
$
72.00
Wharfage - per ton
$
0.85
0 Beginning with the 2013/14 Master Fee Schedule, the Harbor Department will use the Engineering
Record factor for increasing fees.
News
I.
(ENR)
30
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Harbor Departmentlo
(See Notes)
Liveaboard fees:
Pem-it fee - blennlal
Inspection fee - biennial (if done by MB Harbor Patrol)
$
131.00
Monthly service fee - moorings
=
13.50
Monthly service fee - slips
$
32.00
Lease site ad min istation/services fees:
Master Lease Approval
$
810.00
Requiring City Council a rovapp I
$
405.00
_
Departmental approval
$
84.0
• 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
Failure to display receipt
$
54.20
Annual fee
$
100.00
° Beginning with the 2013/14 Master Fee Schedule, the Harbor Department will use the Engineering News
Record (ENR) factor for increasing fees.
is
31
City of Morro Bay
Master Fee Schedule
For the 2013/14 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.S 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. Annual permits may be prorated to the nearest month.
Any liveaboard application, submitted during the period January 1 through June 30, is good
only for that fiscal year and the following fiscal year, but will be prorated by reducing the
liveaboard application fee, stated herein, by 25%.
;2
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Recreation and Parks Department
Facility Rentals
Non -Profit and
Non-resident
For Profit
Resident Groups
Groups
Groups
COMMUNITY CENTER
Auditorium
$48/hr
$76/hr
$111/hr
Auditorum, one-half
$31/hr
$46/hr
$67/hr
Multi -purpose room
$26/hr
$41/hr
$62/hr
Lounge
$23/hr
$34/hr
$50/hr
Studio
$18/hr
$26/hr
$38/hr
Kitchen *
$12/hr
$20/hr
$25/hr
Kitchen, 8 hours •
$63
$100
$125
VETERAN'S MEMORIAL BUILDING
Assembly, w/o kitchen
$25/hr
$34/hr
$44/hr
Complete, w/o kitchen
$28/hr
$38/hr
$50/hr
Meeting, w/o kitchen
$21/hr
$28/hr
$37/hr
Kitchen & barbeque-'
$12/hr
$20/hr
$25/hr
Kitchen & barbeque, 8 hours"
$63
$100
$125
TEEN CENTER
Up to 20 participants
$303
$303
$303
21 - 30 participants
$404
$404
$404
31 - 40 (maximum = 40) participants
$454
$454
$454
Note: based on number of participants
i1 Kitchen only rentals permitted Monday - Friday; weekend rentals must be combined with room rental
ADDITIONAL FEES
Deposit: $150, no alcohol or live music
$500, alcohol and/or live music
$50, Bounce House
Janitorial, non-refundable, per event based on group size:
100 - 200 participants: $54
201 or more participants: $106
Unscheduled overtime:
Facility attendant(s):
Security guard(s):
Permit processing fee:
Insurance:
Cancellations:
Building set-up/breakdown: $23/hr
Veteran's Memorial Building stage use, set-up and breakdown: $81 flat rate
11
$44/hr
$10/hreach
$26/hr each
$8.00, non-refundable
cost based on event size/type
20% charge of invoiced costs
City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Recreation and Parks Department
Public Area Use Permits
Non -Profit and
Non-resident
For Profit
Resident Groups
Groups
Groups
Del Mar Park Hillside or Meadow
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event
$136/Day+Permit
$136/Day+Permit
5136/Day+Permit
Del Mar Basketball Courts 13
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event
$136/Day+Permit
$136/Day+Permit
$136/Day+Permit
Del Mar Roller Hockey Rink 13
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event
$136/Day+Permit
$136/Day+permit
$136/Day+Permit
Del Mar Tennis Courts 13
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event
$136/Day+Permit
$136/Day+Permit
$136/Day+Permit
Lila Keiser Park BBQ or Fields 12
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event 1z
$136/Day+Permit
$136/Day+Permit
$136/Day+Permit
Monte Young Tennis Courts 13
$50/Permit
$87/Permit
$217/Permit •
Multi -Area, Entire Park, Multi Day Event
$101/Day+Permit
$101/Day+Pernit
$101/Day+Permit
Tidelands Open Area
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event
$101/Day+Permit
$101/Day+Permit
$101/Day+Permit
Cloisters Open Area
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event
$101/Day+Permit
$101/Day+Permit
$101/Day+Permit
Bayshore Bluffs Open Area
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event
$101/Day+Permit
$101/Day+permit
$101/Day+Permit
Morro Rock Open Area
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event
$101/Day+Permit
$101/Day+Permit
$101/Day+Permit
City Park Open Area
$50/Permit
$87/Permit
$217/Permit
Multi -Area, Entire Park, Multi Day Event
$68/Day+Permit
$68/Day+Permit
568/Day+Permit
•
34
• City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
Recreation and Parks Department
Public Area Use Permits (page 2)
City Park Basketball Courts 11
Multi -Area, Entire Park, Multi Day Event
North Point Overlook
Multi -Area, Entire Park, Multi Day Event
Coleman Park
Multi -Area, Entire Park, Multi Day Event
Non -Profit and
Non-resident
For Profit
Resident Groups
Groups
Groups
$50/Permit
$87/Permit
$217/Permit
$68/Day+Permit
568/Day+Permit
S68/Day+Permit
$50/Permit
$87/Permit
$217/Permit
$68/Day+Permit
$68/Day+Permit
568/Day+Permit
$50/Permit
$87/Permit
$217/Permit
$68/Day+Permit
$68/Day+Permit
568/Day+Permit
Coleman Basketball Courts v $50/Permit
Multi -Area, Entire Park, Multi Day Event S68/Day+Permit
Deposit - Public Area Use Permit - $150.00
Deposit - Organized Sports Facilities - s500.00
Hourly and Park Use Fees
$87/Permit $217/Permit
$68/Day+Permit S68/Day+Permit
Giant Chessboard - use Wooden Pieces
is
$25
$40
$107
Giant Chessboard - use Plastic Pieces
$9
$10
$11
(June, July, August)
N/C
N/C
N/C
z Lila Keiser hourly field rental
$4 without lights
$5 without lights
$6 without lights
$15 with lights
$17 with lights
$19 with lights
'z Lila Keiser field preparation
$23
$28
$31
" Roller Hockey Rink, Basketball Court
$4.00
SS
S6
& Tennis Court Hourly
0
City of Morro Bay .
Master Fee Schedule
For the 2013/14 Fiscal Year
Recreation and Parks Department
Miscellaneous Property Use
Non -Profit and
Non-resident
For Profit
Resident Groups
Groups
Groups
Recreation equipment rental, per bag 14
$9.00
$10
$11
Includes one: Horseshoes, Badmitton, Volleyball, Bocce Ball
Soccer goal, hourly rate, 2 hr. min. 14
$8.00
$9
$10
Skate park rental, 2 hr. min.
$106
$106
$158
Photography/filming, per day 15
$112, outdoor
N/A
$220, outdoor
$148, indoor
N/A
$367, indoor
14 Equipment rental deposit: $50
15 Photography/filming deposit: $1,000
is
Insurance cost is dependent on the size/type of event
36
• City of Morro Bay
Master Fee Schedule
For the 2013/14 Fiscal Year
•
•
Transit
(See Notes)
Fixed Route:
Regular fare, per ride
Discount fare, per ride
$
0.75
Regular punch pass (11 rides for the price of 10)
Discount punch pass (11 rides for the price of 10)
s
7.50
Regular day pass
T
__
Discount day pass
$
2.00
Call -A -Ride:
Fare, per ride
$
2.50
Call -A -Ride punch pass (11 rides for the price of 10)
S
25.00
Trolley:
Fares:
Per ride
$
1.25
Per ride, 5-12 years old
5
0.50
All day pass
$
3.00
Advertising:
Exterior Side of Trolley (approx. 36"x20") - with supplied sign
$
370.00
Exterior Side of Trolley (approx. 36"x20") - MB Community
Foundation supplied sign
5
422.00
Exterior Rear of Trolley (approx. 24"x20") - with supplied sign
$
318.00
Exterior Rear of Trolley (approx. 24"x20") - MB Community
Foundation supplied sign
$
370.00
Interior (approx. 26"x12") - with supplied sign
$
158.00
Interior (approx. 26"x12") - MB Community Foundation supplied
sign
$
187.00
3-
City of Morro Bay
Master Fee Schedule
For the 2013/14 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
Shuttle transportation (continuous loop with multiple stops); hourly
plus cost of fuel $ 106.00
One day, outside City limits, per hour (3 hour minimum)
Transportation of passengers to and from one location to another $ 106.00
Shuttle transportation (continuous loop with multiple stops); hourly
plus cost of fuel $ 106.00
Multiple days, 2 consecutive days:
Within City limits $ 1,719.00
Outside City limits; rate plus cost of fuel $ 1,719.00
is
•
38
City of Morro Bay
Master Fee Schedule
For the 2013/14 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 2012 through October 2012 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 sin @ 500/to off.
Cost for space with MBCF sign includes the cost td ave 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.
•
39
RESOLUTION NO, 41-13
RESOLUTION OF THE CITY COUNCIL OF •
THE CITY OF MORRO BAY, CALIFORNIA,
ADOPTING 2013/14 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
WHET REAS, the California Constitution, in Article 13B Government Spending
Limitation Section 8(c), states that proceeds in excess of user charges and user fees that
exceed the costs reasonably 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 that they do not exceed
the actual costs of providing related services; and
WHEREAS, the City's Municipal Code Section 3.34.020 provides for the annual
review of the Master Fee Schedule and revision; and
WHEREAS, on August 11, 2008, the City Council adopted Resolution No. 49- •
08, which stated that "the Master Fee Schedule will be brought back in its entirety for
review annually."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that the Master Fee Schedule be revised and published, as
amended.
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a
regular meeting thereof held on the 90` day of July 2013, by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
L. IRONS, Ma or
ATTEST: �i
JAMIE BOUCHER, City Clerk •
C[1]
•
' ITY O
Mo �RC)N BAY
2014-2019 HOUSING ELEMENT UPDATE
CITY OF MORRO BAY
HOUSING ELEMENT UPDATE
INITIAL STUDY/NEGATIVE DECLARATION
• Prepared for. -
CITY OF MORRO BAY
PUBLIC SERVICES DEPARTMENT
955 SHASTA AVE
MORRO BAY, CA 93442
Prepared by:
PMC'
-1�
860 WALNUT STREET, SUITE B
SAN LUIS OBISPO, CA 93401
• MAY 2014
CITY OF MORRO BAY
HOUSING ELEMENT UPDATE
INITIAL STUDY/NEGATIVE DECLARATION
n
U
Prepared for:
CITY OF MORRO BAY
PUBLIC SERVICES DEPARTMENT
955 SHASTA AVE
MORRO BAY, CA 93442
Prepared by:
PMC
860 WALNUT STREET, SUITE B
SAN LUIS OBISPO, CA 93401
MAY 2014
•
•
•
•
2014-2019 HOUSING ELEMENT UPDATE
TABLE OF CONTENTS
Environmental Checklist Form ......................................................
Project Description.........................................................................
Environmental Factors Potentially Affected .............................
Determination (to be completed by the lead agency)........
Evaluation of Environmental Impacts ........................................
I. Aesthetics...........................................................................
II. Agriculture Resources......................................................
III Ai, n. "1;+,,
IV. Biological Resources ...............................................
V. Cultural Resources ...................................................
Vl. Geology and Soils ....................................................
.........................................5
.........................................
6
.........................................
7
9
.........................................
...................................
.......................................13
I ... I I
.......................................15
.......................................18
VII.
Greenhouse Gas Emissions..............................................................................................................22
Vill.
Hazards and Hazardous Materials.................................................................................................25
IX.
Hydrology and Water Quality.........................................................................................................27
X.
Land Use and Planning....................................................................................................................30
XI.
Mineral Resources..............................................................................................................................31
XII.
Noise.....................................................................................................................................................32
XIII. Population and Housing ..........................................
XIV. Public Services...........................................................
XV. Recreation.................................................................
XVI. Transportation/Traffic...............................................
XVII. Utilities and Service Systems ....................................
XVIII. Mandatory Findings of Significance .....................
References...............................................................................
FIGURES
Figure 1 Project Location
city of Mmm Bay
May 2014
35
37
9
2014-2019 Housing Element Update
Initial Study and Negative Declaration
C` J
ENVIRONMENTAL CHECKLIST FORM
1. Project title:
2. Lead agency name and address:
3. Contact person and phone number:
4. Project location:
S. Project sponsor's name and address:
6. General Plan designation:
7. Zoning:
B. Description of project:
2014-2019 HOUSING ELEMENT UPDATE
City of Mono Bay 2014-2019 Housing
Element Update
City of Mono Bay
Public Services Department
955 Shasta Avenue
Mono Bay, CA 93442
Cindy Jacinth, Associate Planner
(805) 772-6577
The proposed Housing Element update
would apply citywide in the City of Mono
Bay, which is located north of the Mono Bay
estuary on the Pacific Ocean in San Luis
Obispo County (Figure 1). The city is
bounded on the north by the
unincorporated community of Cayucos, on
the south by the unincorporated community
of Los Osos, on the west by the Pacific
Ocean, and on the east by unincorporated
land within San Luis Obispo County. State
Route (SR) 1 runs north to south through the
city and intersects with SR 41, which runs
east to west.
City of Mono Bay
Public Services Department
955 Shasta Avenue
Mono Bay, CA 93442
All City of Mono Bay General Pion land use
designations; project is citywide
All City of Mono Bay zones; project is
citywide
The proposed project involves a City -initiated General Plan Amendment to update the City's
Housing Element as required by state law. The Housing Element update identifies the potential
for development of up to 149 new housing units and rehabilitation of up to 35 existing housing
units at full buildout of the city's existing vacant lot inventory. The projected number of units
considers development of all existing vacant lots under current land use designations and
zoning. The proposed update would not designate any additional land in the city for housing
and would not increase the allowable density of any land designated for housing. In addition,
the proposed Housing Element does not include any site -specific designs or proposals and does
not grant any entitlements for development. The Housing Element contains goals and policies
designed to provide a range of housing types to meet the housing needs of all members of the
city of Mono Bay
May 2014
2014-2019 Housing Element Update
Initial Study and Negative Declaration
2014-2019 HOUSING ELEMENT UPDATE
community within the land currently designated for residential uses in the Land Use Element of
the City's General Plan.
9. Surrounding land uses and setting: Briefly describe the project's surroundings:
The proposed 2014-2019 Housing Element would be implemented citywide. The city has a total
area of 10.2 square miles, of which 5.2 square miles is land and 5.0 square miles is water. The city
is primarily characterized by residential and commercial land uses. The topography of the city is
generally hilly to mountainous, with development and agriculture concentrated on the coastal
plain and valleys (Morro Bay 2011 b).
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.)
The proposed project would not require action by any other agencies.
2014-2019 Housing Element Update
Initial Study and Negative Declaration
City of Morro Bay
May 2014
•
L
2014-2019 HOUSING ELEMENT UPDATE
yor.o e.r s
i
Ham` r, C
`l Yvro
i
Yn
B.ya
0
Legend
10.aa�
a i Morro Bay City Limit
ribas E9n
Figure 1
Project Location
u,E1
PMCT
2014-2019 Housing Element Update
Initial Study and Negative Declaration
3
2014-2019 HOUSING ELEMENT UPDATE
This page intentionally left blank
2014-2019 Housing Element Update
Initial Study and Negative Declaration
City of Morro Bay
May 2014
•
is
•
•
•
ir1
L
2014-2019 HOUSING ELEMENT UPDATE
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
❑
Aesthetics
❑
Biological Resources
❑
Greenhouse Gas Emissions
❑
Land Use(Planning
❑
Population/Housing
❑
Transportation/Traffic
City o/ Morro Bay
May 2014
❑
Agriculture Resources
❑
Cultural Resources
El
& Hazardous
Materials
Materials
❑
Mineral Resources
❑
Public Services
❑ Utilities15ervice Systems
3
❑ Air Quality
❑ Geology/Soils
❑ Hydrology/WaterQuality
❑ Noise
❑ Recreation
❑ Mandatory Findings of
Significance
2014-2019 Housing Element Update
Initial Study and.Negatice Declaration
2014-2019 HOUSING ELEMENT UPDATE
DETERMINATION (to be completed by the lead agency)
On the basis of this initial evaluation:
® I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
❑ environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or
"potentially significant unless mitigated" impact on the environment, but at least one
effect (1) has been adequately analyzed in an earlier document pursuant to
❑ applicable legal standards, and (2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be
addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
❑ adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable
standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed
upon the proposed project, nothing further is required.
Signature 0 Date
Printed namil Title
2014-2019 Housing Element Update City of Morro gay
Initial Study and Negative Declaration May 2014
2014-2019 HOUSING ELEMENT UPDATE
•
EVALUATION OF ENVIRONMENTAL IMPACTS
1) A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project -specific factors as well as general standards (e.g.,
the project will not expose sensitive receptors to pollutants, based on a project -specific
screening analysis).
2) All answers must take account of the whole action involved, including off -site as well as on -
site, cumulative as well as project -level, indirect as well as direct, and construction as well as
operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then
the checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one
or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant
• Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures "Earlier Analyses," as described in (5) below, may be cross-referenced).
11
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c) (3) (D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less Than Significant With Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined
from the earlier document and the extent to which they address site -specific conditions
for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
City of Marro Bay
May 2014
2014-2019 Housing Element Update
Initial Study and Negative Declaration
2014-2019 HOUSING ELEMENT UPDATE
8) This is only a suggested form, and lead agencies are free to use different formats; however,
lead agencies should normally address the questions from this checklist that are relevant to a
project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significance.
2014-2019 Housing Element Update
Initial Study and Negative Declaration
City of Morro Bay
May 2014
•
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11
E
•
•
2014-2019 HOUSING ELEMENT UPDATE
Less Than
Significant
Potentially
Impact With
Less Than
Significant
Mitigation
Significant
Impact
Incorporated
Impact
No Impact
I.
AESTHETICS. Would the project:
a)
Have a substantial adverse effect on a scenic
❑
❑
Elvista?
b)
Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
❑
❑
❑
historic buildings within a state scenic highway?
c)
Substantially degrade the existing visual character
❑
❑
❑
or quality of the site and its surroundings?
d)
Create a new source of substantial light or glare
that would adversely affect day or nighttime views
❑
❑
❑
in the area?
SETTING
Scenic vistas generally include areas of high scenic quality that are visible to a number of
people, including recreational travelers. Scenic vistas within the city include views of the Santa
Lucia foothills to the east and the Pacific Ocean to the west. Morro Bay is surrounded by hills and
ridgelines. with more than half of the city's physical edge being coastline. The ocean and the
hills are generally visible from area residences throughout the community. The city's edge at the
urban/rurol boundary is also a defining characteristic. Other scenic resources in the area consist
of:
• The Pacific Ocean, the "working" harbor, and the great salt marsh at the southern end of
the city, which dominate the landscape and provide sweeping vistas of ocean, beach,
dune, bluff, and marsh, as well as the quaint harbor -side scenes for which Morro Bay is
known.
Morro Rock, which can be seen from almost any location in the city.
• The sand pit that is visible from the Embarcadero, Coleman Drive, the State Park roads,
and from bluff and hillside residential areas.
• Mono Bay State Park, containing Black Hill, the golf course, and a campground, which
comprises a large portion of the southern part of the city.
In 1999, the portion of State Route (SR) 1 north of US Highway 101 in San Luis Obispo was
declared an official scenic highway by the California Department of Transportation. Of the
approximately 53-mile segment of SR 1 designated scenic that winds through San Luis Obispo
County, approximately b miles are within Mono Bay. The existing visual character and quality of
the city varies among its different portions, depending on land use and density. The majority of
the city is built out. Major sources of light and glare include the stadium at Mono Bay High
School, existing residential and commercial uses, and vehicles traveling on SR 1.
Future development and rehabilitation of housing in the city would be regulated by the policies
of the City's General Plan, the City's Municipal Code, and other relevant City regulations. The
Visual Resources and Scenic Highway Element of the City's General Plan provides specific
City of Morro Bay 2014-2019 Housing Element Update
May 2014 Initial Study and Negative Declaration
2014-2019 HOUSING ELEMENT UPDATE
objectives, policies, and programs for the protection of identified scenic vistas and resources in •
Morro Bay. In addition, the City's Municipal Code prohibits the direction of light onto residential
uses and public streets, requires the screening of light and glare from sensitive uses, and requires
the control of glare from buildings and operations. The City's Street Tree Division maintains and
enhances the city's streets, resulting in the overall beautification of Morro Bay.
ANALYSIS AND CONCLUSIONS
a-d) No Impact. In general, new development in the city could result in adverse effects on
scenic vistas, scenic resources, and the visual character and quality of the city as well as
the creation of new sources of light and glare. Such development would be subject to
General Plan policy as well as the standards provided in Municipal Code Section
17.48.190, both of which are intended to identify and protect the city's visual resources.
The Housing Element identifies the potential for development of up to 149 new housing
units and rehabilitation of up to 35 existing housing units between 2014 and 2019.
However, the proposed Housing Element is intended to identify sites that could
accommodate these housing units and does not include any site -specific designs or
proposals, nor does it grant any entitlements for development. Furthermore, no changes
are proposed to land use designations or zoning districts that could result in new
development or redevelopment. Therefore, the Housing Element would have no
potential to result in adverse effects to the aesthetics of the city, and there would be no
impact.
•
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Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation
as an optional model to use in assessing impacts on agriculture and farmland. In determining
whether impacts to forest resources, including timberland, are significant environmental effects, lead
agencies may refer to information compiled by the California Department of Forestry and Fire
Protection regarding the state's inventory of forestland, including the Forest and Range Assessment
Project and the Forest Legacy Assessment project; and forest carbon measurement methodology
provided in Forest Protocols adopted by the California Air Resources Board.
a)
Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
❑
❑
❑
Farmland Mapping and Monitoring Program of
the Califomia Resources Agency, to
nonagricultural use?
b)
Conflict with existing zoning for agricultural
❑
❑
❑
use, or a Williamson Act contract?
c)
Conflict with existing zoning for, or cause
rezoning of, forestland (as defined in Public
Resources Code Section 12220(g)), timberland
El
❑
❑
(as defined by Public Resources Code Section
4526), or timberland zoned Timberland
Production (as defined by Government Code
Section 51104(y,))?
d)
Result in the loss of forestland or conversion of
❑
❑
❑
forestland to non -forest use?
e)
Involve other changes in the existing
environment which, due to their location or
❑
El
❑
nature, could result in conversion of Farmland,
to nonagricultural use or conversion of
forestland to non -forest use?
SETTING
The city contains approximately 300 acres of agricultural land within the city limits. Additionally,
the City has interest in resource protection and land use planning for agricultural areas outside
of Morro Bay. These agricultural lands create a form of open space and define the edges of the
community, maintain ripen areas that are critical to the function of groundwater recharge and
percolation, and act as a productive use of the land for which the area was historically noted.
There are no Williamson Act contracts within the city. Furthermore, no parcels in the city are
zoned for timber production, and Morro Bay does not contain any significant forest resources
that could be available for timber production.
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ANALYSIS AND CONCLUSIONS
a-e) No Impact. As discussed previously, the proposed Housing Element is intended to identify
sites that could accommodate development of housing to meet Morro Bay's future
needs. The Housing Element does not include any site -specific designs or proposals, nor
does it grant any entitlements for development. No changes are proposed to land use
designations or zoning districts that could result in new development or redevelopment.
Therefore, the Housing Element would not result in the conversion of any important
farmland or foresfland to other uses, would not conflict with existing zoning for agriculture
or timberland uses, would not conflict with a Williamson Act contract, and would have
no impact on agricultural or forestry resources.
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Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
a)
Conflict with or obstruct implementation of the
❑
❑
❑
applicable air quality plan?
b)
Violate any air quality standard or contribute
El
❑
Elsubstantially
to an existing or projected air
quality violation?
c)
Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is in nonattainment under an
❑
❑
❑
applicable federal or state ambient air quality
standard (including releasing emissions that
exceed quantitative thresholds for ozone
precursors)?
d)
Expose sensitive receptors to substantial
❑
❑
❑
pollutant concentrations?
e)
Create objectionable odors affecting a substantial
❑
❑
❑
23
number of people?
The city is located within the South Central Coast Air Basin and the boundaries of the San Luis
Obispo County Air Pollution Control District (APCD). The APCD regulates air quality through its
Clean Air Plan (CAP), Particulate Matter (PM) Report, and construction monitoring, among other
measures. Throughout the county, ozone and PMio are the pollutants of primary concern, since
exceedances of state health -based standards for those pollutants are experienced in the
county during most years. Son Luis Obispo County is designated as a nonottainment area for the
state PMio standards. Sources of PMio emissions include agricultural operations, construction
activities, and vehicular emissions, of which vehicular emissions are the primary source of
precursors to ozone. The major stationary source of air pollutant emissions affecting the city is
Hanson Concrete. Other sources of air pollutant emissions are small- and large-scale businesses
and facilities including dry cleaners, gas stations, the wastewater treatment plant, and harbor
dredging operations.
ANALYSIS AND CONCLUSIONS
a—e) No Impact. As described previously, the Housing Element is a policy -level document
intended to document existing conditions, project needs, and provide goals, policies,
and programs that address the housing needs of the city for a five-year period. While the
Housing Element identifies the potential for development of up to 149 new housing units,
it does not include any site -specific designs or proposals, nor does it grant any
entitlements for development. Furthermore, no changes are proposed to land use
City of Aforro Bay
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designations or zoning districts that could result in new development or redevelopment.
Therefore, the Housing Element would have no potential to result in the emission of air
pollutants or objectionable odors or otherwise affect air quality. There would be no
impact.
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Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special -
status species in local or regional plans, ❑ ❑
policies, or regulations, or by the California
Department of Fish and Wildlife or US Fish and
Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, or ❑ ❑ ❑
regulations, or by the California Department of
Fish and Wildlife or US Fish and Wildlife
Service?
c)
Have a substantial adverse effect on federally
protected wetlands, as defined by Section 404
of the Clean Water Act (including, but not
❑
❑
❑
limited to, marsh, vernal pool, coastal wetlands,
etc.), through direct removal, filling,
hydrological interruption, or other means?
d)
Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with established native resident or
❑
❑
❑
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e)
Conflict with any local policies or ordinances
protecting biological resources, such as a tree
❑
❑
❑
preservation policy or ordinance?
0
Conflict with the provisions of an adopted
habitat conservation plan, natural community
El
❑
El
plan, or other approved local,
regional, or state habitat conservation plan?
SETTING
►�I
0
I►-41
►4
041
The City of Morro Bay has many sensitive habitat areas within and immediately adjacent to the
community. These areas include critical habitat for several rare and endangered plant and
animal species. Morro Bay and its estuary comprise a large wetland within the city, which is one
of the most important wetlands on the central coast of California. Morro, Chorro, Toro, Alva Paul,
and Los Osos creeks provide habitat for fish and other aquatic organisms, and food and shelter
for migratory birds and other animals. Associated with these creeks are riparian scrub and
riparian woodland communities. These communities are characterized by sparse to dense
corridors of vegetation occurring adjacent to the streams.
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Sensitive habitats within the city include those described below.
MORRO BAY ESTUARY
The estuary supports one of the most important wetland systems on California's coast. Rich in
natural diversity, Morro Bay sustains a wide variety of habitats as well as numerous sensitive and
endangered species of plants and animals. Its rich resources support the state's largest
waterfowl habitats. Morro Bay is a crucial stop on the Pacific Flyway, attracting vast numbers of
migrating birds to the area. Morro Bay Estuary encompasses about 2,300 acres of mudflats, tidal
wetlands, and open water habitat and supports a rich eelgrass resource.
The Morro Bay watershed contains about 48,000 acres, including the estuary, and provides
habitat for a number of endangered and/or threatened species, including but not limited to,
steelhead trout, California red -legged frog, tidewater goby, Morro Bay kangaroo rat, southern
sea otter, and western snowy plover.
MORRO ROCK
Morro Rock is located near the mouth of Morro Bay and is the northernmost visible igneous plug
in a chain of peaks that extend from Islay Hill in San Luis Obispo to Morro Rock. The rock is
connected to the mainland by a strand that comprises fill materials, much of it dredged from
the bay during past operations. The ecological preserve located on Morro Rock serves as a
nesting site for the federally endangered peregrine falcon (Falco peregrinus). It is a resting site
for many other bird species.
FAIRBANKS POINT
Fairbanks Point is part of Morro Bay State Park and is located at the southern end of Morro Bay's
city limits. The grove of eucalyptus trees located at the point serves as a major nesting site for
herons, egrets, and cormorants.
BLACK HILL NATURAL AREA
This upland area of Morro Bay State Park is located southeast of the developed part of the city.
The golf course is southwest of Black Hill. The dominant plant community in the Black Hill Natural
Area is coastal sage scrub. Within the coastal sage scrub community are such species as
California sagebrush, deerweed, and buckwheat. The community also contains species
characteristic of chaparral and grasslands. As is typical of coastal foothill areas, the grasslands
are characterized by pastureland and scattered grass openings in the chaparral. The rare
(federal species of concern) Jones's layia (Layia jonesii) is located here.
WESTERN SNOWY PLOVER CRITICAL HABITAT
The western snowy plover (Charadrius alexandrinus nivosus) is a small shorebird, listed as
federally threatened. This bird occurs on the Washington, Oregon, and California coasts
including beaches within the City of Morro Bay. The US Fish and Wildlife Service has designated
critical habitat areas for the threatened western snowy plover that include portions of Morro
Strand State Beach and the Morro Bay Sand Spit.
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BIRD SANCTUARY
The City has designated itself as a "bird sanctuary." The bay and nearby areas ore home to
hundreds of species, both as residents and migrants. Morro Bay is nationally known for the
abundance of avian species and usually ranks near the top of the Audubon Society's annual
count.
Future residential development projects in the city would be required to comply with the City's
policies related to biological resources, including General Plan Policies LU-50 through LU-62 and
associated programs which require development to comply with the Coastal Act and
encourage the preservation of open space and sensitive habitats.
ANALYSIS AND CONCLUSIONS
a-e) No Impact. In general, new development in the city could result in increased habitat loss
and degradation of biological resources. However, as described previously, the
proposed Housing Element is a policy -level document intended to identify sites that
could accommodate development of housing to meet Morro Bay's future needs. While
the Housing Element identifies the potential for development of up to 149 new housing
units, it does not include any site -specific designs or proposals, nor does it grant any
entitlements for development. Furthermore, no changes are proposed to land use
designations or zoning districts that could result in new development or redevelopment.
Therefore. the Housing Element would have no adverse effect on any special -status
species, riparian habitat, wetlands, or other sensitive natural community. The Housing
Element would not have the potential to interfere with the movement of any native
resident or migratory species or conflict with any local regulations protecting biological
resources. There would be no impact.
No Impact. There are no adopted habitat conservation plans (HCP) or natural
community conservation plans (NCCP) within the city. Therefore, the proposed Housing
Element would not conflict with any such plans, and there would be no impact.
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Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
V.
CULTURAL RESOURCES. Would the project:
a)
Cause a substantial adverse change in the
❑
significance of a historical resource as defined
in Section 15064.5i
b)
Cause a substantial adverse change in the
❑
El
Elsignificance
of an archaeological resource
pursuant to Section 15064.5i
c)
Directly or indirectly destroy a unique
❑
El
❑
paleontological resource or site or unique
geological feature?
d)
Disturb any human remains, including those
❑
❑
❑
interred outside of formal cemeteries?
SETTING
•
The City of Mono Bay's archaeological resources include prehistoric and ethnohistoric Native
American archaeological sites, historic archaeological sites, historic buildings, and elements or
areas of the natural landscape that have traditional cultural significance. Mono Bay's proximity
to the ocean and various streams and mild year-round climate made it an ideal location for •
Indian settlement. Food was readily available and there were raw materials for the construction
of shelters. For these reasons, Indian settlements were widespread in Mono Bay.
Surveys have been required as part of several previous development projects in the city, which
have indicated a significant Native American presence, including Chumash and Solinan,
especially around the bay, near creeks, and near outcroppings suitable for grinding acorn
mortars. The city may contain additional archaeological resources in areas where development
has not yet occurred or in already developed areas of the city. Morro Rock is the city's only
designated historical landmark.
Future residential development projects in the city would be required to comply with all
applicable California and City regulations related to the protection of historical and cultural
resources. These regulations include General Plan Policy LU-82 and associated programs LU-82.1
through 82.7 and Municipal Code Section 17.48.310 (Protection of archaeological resources),
which are intended to protect archaeological resources to the extent feasible. These programs
require archaeological surveys prior to development, the halting of all construction activities if
an archaeological resource is discovered, and the preparation of a mitigation plan to ensure
the proper handling of any significant resources found. In addition, future projects would be
required to follow the protocol established in California Health and Safety Code Section
7050.5(b) for the treatment of human remains discovered during ground disturbance.
ANALYSIS AND CONCLUSIONS
a-b, d) No Impact. In general, new development in the city could result in an adverse change in
the significance of a historical or archaeological resource or human remains. However,
as described previously, the Housing Element is a policy -level document intended to
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• identify sites that could accommodate development of housing to meet the city's future
needs. While the Housing Element identifies the potential for development of up to 149
new housing units, it does not include any site -specific designs or proposals, nor does it
grant any entitlements for development. Furthermore, no changes are proposed to land
use designations or zoning districts that could result in new development or
redevelopment. Therefore, the Housing Element would have no impact on historic and
archaeological resources or human remains.
0
cJ No Impact. In general, new development in the city could result in the destruction of
unique paleontological resources or geologic features. However, as discussed previously,
the proposed Housing Element is a policy -level document intended to identify sites that
could accommodate development of housing to meet Morro Bay's future needs. While
the Housing Element identifies the potential for development of up to 149 new housing
units, it does not include any site -specific designs or proposals, nor does it grant any
entitlements for development. Furthermore, no changes are proposed to land use
designations or zoning districts that could result in new development or redevelopment.
Therefore, the Housing Element would have no impact on paleontological resources and
unique geologic features.
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Less Than
Significant
Potentially Impact With Less Than
Significant Mitigalion Significant
Impact Incorporated Impact No Impact
VI.
GEOLOGY AND SOILS. Would the project:
a)
Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury, or death, involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
❑
❑
❑
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
ii) Strong seismic ground shaking?
❑
❑
❑
iii) Seismic -related ground failure, including
❑
El
❑
liquefaction?
iv) Landslides?
❑
❑
❑
b)
Result in substantial soil erosion or the loss of
❑
El
Eltopsoil?
c)
Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
❑
❑
❑
or off -site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
d)
Be located on expansive soil, as defined in
Table 18-1-8 of the Uniform Building Code
El
El
❑
(1994), creating substantial risks to life or
property?
e)
Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
❑
El
❑
disposal systems where sewers are not available
for the disposal of wastewater?
SETTING
GEOLOGY AND SEISMIC HAZARDS
The surface geology within the Coastal Franciscan domain consists of a northwest -trending sliver
of largely Franciscan formation rocks, bounded by the Hosgri fault and West Huasno fault on the
west and the Nacimiento fault and the Rinconada fault on the east. The Franciscan complex is a
mixture of igneous, metamorphic, and sedimentary rocks. Cretaceous -age (65 to 140 million
years old) and Tertiary -age (2 to 65 million years old) sedimentary rocks, including an unnamed
Cretaceous sandstone and a relatively small amount of Lospe, Vaqueros, Rincon, Monterey,
and Pismo formations, overlie the Franciscan Formation basement rocks in some parts of the
region. The domain is characterized by moderate earthquake activity during the Quaternary
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• period and has numerous northwest -striking, mainly northeast -dipping faults, with uncertain
potential to generate future earthquakes.
The primary geologic hazards associated with this domain are ground shaking, liquefaction or
seismic -related settlement of alluvium in the low-lying areas of the coastal portion of the domain,
tsunami and coastal erosion in ocean -front areas, and severe landslide potential on moderate
to steep hillsides. The Franciscan Formation and other Cretaceous -age rocks that are considered
to be the formations most susceptible to landslides in the county underlie the slopes of the Santa
Lucia Mountains. There are no mapped Earthquake Fault Zones within the city (DOC 2014).
New development in the city would be subject to the requirements of the California Building
Code, which provides specific requirements for seismic safety.
SOILS
The most fertile areas in the Mono Bay area can be found in the valleys where most of the
agriculture occurs. Streams have eroded soils upstream and have transported and deposited
them along the valleys. There are two types of alluviums in Morro Bay. The older alluvium,
characterized by coarse -textured soils, is generally found in the Los Osos Creek Valley and
coastal plain of Morro Bay. Consisting of old stabilized dunes, the soils are subject to excessive
drainage, rapid permeability, and wind and water erosion. The soils are generally not fertile and
are used mainly for urban uses and only marginal agriculture. The newer alluvium can be found
in the Torro, Mono, and Chono Volleys. These cols are characterized by level, but poorly drained
clays (Morro Bay, Urban Forest Management Plan).
• ANALYSIS AND CONCLUSIONS
a. c-e) No Impact. In general, new development in the city could result in the exposure of
people and structures to potential substantial adverse effects associated with seismic
hazards and unstable soils. However, as described previously, the Housing Element is a
policy -level document intended to identify sites that could accommodate development
of needed housing; it does not include any site -specific designs or proposals or grant any
entitlements for development. Furthermore, no changes are proposed to land use
designations or zoning districts that could result in new development or redevelopment.
Therefore, the Housing Element would have no potential to result in the exposure of
people or structures to risks associated with geologic hazards or soil stability. Therefore,
there would be no impact.
b) No Impact. In general, construction and operation of new development in the city could
result in soil erosion and the loss of topsoil. However, as described previously, the
proposed Housing Element is a policy -level document intended to identify sites that
could accommodate development of needed housing; it does not include any site -
specific designs or proposals or grant any entitlements for development. Nor would the
proposed update change any land use designations or zoning districts that could result
in new development or redevelopment. Therefore, the proposed Housing Element would
have no potential to result in soil erosion, and there would be no impact.
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Less Than
Significant
Potentially
Impact With
Less Than
Significant
Mitigation
Significant
,.
Impact
Incorporated
Impact
No Impact
VII. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
❑
❑
❑
impact on the environment?
b) Conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing
❑
❑
❑
the emissions of greenhouse gases?
SETTING
Greenhouse gases (GHGs) generated by human activities can contribute to changes in the
natural greenhouse effect, which could result in climate change. Greenhouse gases, which are
transparent to solar radiation, are effective in absorbing infrared radiation. As a result, this
radiation that otherwise would have escaped back into space is retained, resulting in a worming
of the atmosphere. This phenomenon is known as the greenhouse effect. Among the prominent
GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Motor vehicles make up the bulk
of GHG emissions produced on an operational basis for most nonindustrial projects. The primary
GHGs emitted by motor vehicles include carbon dioxide, methane, nitrous oxide, and
hydrofluorocarbons. A number of regulations have been developed to reduce GHG emissions, .
as discussed below.
Assembly Bill (AB) 1493 (Pavley) of 2002 (Health and Safety Code Sections 42823 and 43018.5)
requires the California Air Resources Board (CARB) to develop and adopt the nation's first GHG
emission standards for automobiles. These standards are also known as Pavley I. In 2004, the
State of California submitted a request for a waiver from federal clean air regulations, as the
State is authorized to do under the Clean Air Act, to allow the State to require reduced tailpipe
emissions of CO2. In June 2009, the US Environmental Protection Agency (EPA) granted
California's waiver request, enabling the State to enforce its GHG emissions standards for new
motor vehicles beginning with the current model year. Also in 2009, a national policy aimed at
both increasing fuel economy and reducing GHG pollution for all new cars and trucks sold in the
United States was announced. The new standards cover model years 2012 to 2016 and raise
passenger vehicle fuel economy to a fleet average of 35.5 miles per gallon by 2016.
AB 32 (Health and Safety Code Sections 38500, 38501, 28510, 38530, 38550, 38560, 38561-38565,
38570, 38571, 38574, 38580, 38590, 38592-38599) requires that statewide GHG emissions be
reduced to 1990 levels by the year 2020. The reduction to 1990 levels will be accomplished
through an enforceable statewide cap on GHG emissions that will be phased in starting in 2012.
To effectively implement the cap, AB 32 directs CARB to develop and implement regulations to
reduce statewide greenhouse gas emissions from stationary sources. AB 32 specifies that
regulations adopted in response to AB 1493 should be used to address GHG emissions from
vehicles. However, AB 32 also includes language stating that if the AB 1493 regulations cannot
be implemented, CARB should develop new regulations to control vehicle GHG emissions under
the authorization of AB 32.
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AB 32 requires that CARB adopt a quantified cap on GHG emissions representing 1990 emissions
levels and disclose how it arrives at the cap, institute a schedule to meet the emissions cap, and
develop tracking. reporting, and enforcement mechanisms to ensure that the state achieves
reductions in GHG emissions necessary to meet the cap. CARB is implementing this program. The
CARB Board adopted a draft resolution for formal cap-and-trode rulemaking on December 16,
2010, and is developing offset protocols and compliance requirements. AB 32 also includes
guidance to institute emissions reductions in an economically efficient manner and conditions to
ensure that businesses and consumers are not unfairly affected by the reductions.
In October 2008, CARB published its Climate Change Proposed Scoping Plan, which is the
State's plan to achieve GHG reductions in California required by AB 32. The Scoping Plan
contains the main strategies California will implement to achieve reduction of 169 million metric
tons (MMT) of CO2 equivalent (CO2e), or approximately 30 percent from the state's projected
2020 emissions level of 596 MMT of CO2e under a business -as -usual scenario (this is a reduction of
42 MMTCO2e, or almost 10 percent, from 2002-2004 average emissions). The Scoping Plan also
includes CARB-recommended GHG reductions for each emissions sector of the state's GHG
inventory. The largest proposed GHG reduction recommendations are from improving emissions
standards for tight -duty vehicles (estimated reductions of 31.7 MMTCO2e), implementation of the
Low Carbon Fuel Standard program (15.0 MMTCO2e), energy efficiency measures in buildings
and appliances and the widespread development of combined heat and power systems (26.3
MMTCO2e), and a renewable portfolio standard for electricity production (21.3 MMTCO2e).
In August 2012, CARB released revised estimates of the expected 2020 emissions reductions. The
revised analysis relies on emissions projections updated in light of current economic forecasts,
which account for the economic downturn since 2008 as well as reduction measures already
• approved and put in place relating to future fuel and energy demand, as well as other factors.
This reduced the projected 2020 emissions from 596 to 545 MMTCO2e. The reduction in projected
2020 emissions means that the revised business -as -usual reduction necessary to achieve AB 32's
goal of reaching 1990 levels by 2020 is 21.7 percent.
Energy conservation standards for new residential and commercial buildings were originally
adopted by the California Energy Resources Conservation and Development Commission in
June 1977 and most recently revised in 2008 and 2013 (Title 24, Part 6 of the California Code of
Regulations [CCRj). The 2013 Standards go into effect on July 1, 2014. In general, Title 24 requires
the design of building shells and building components to conserve energy. On July 17, 2008, the
California Building Standards Commission adopted the nation's first green building standards.
The California Green Building Standards Code (Part 11, Title 24) was adopted as part of the
California Building Standards Code (Title 24. California Code of Regulations). Part 11 establishes
voluntary standards on planning and design for sustainable site development, energy efficiency
(in excess of the California Energy Code requirements), water conservation, material
conservation, and internal air contaminants. Some of these standards have become mandatory
in the 2010 edition of the Part 11 code.
ANALYSIS AND CONCLUSIONS
o-b) No Impact. In general, new development in the city could result in the emissions of
greenhouse gases, thereby contributing to the global climate change. However, existing
regulations that would apply to any future residential development, including the
California Green Building Standards Code and California's Title 24 Building Energy
Efficiency Standards, would substantially reduce GHG emissions associated with future
projects. Furthermore, as discussed previously, the proposed Housing Element is a policy -
level document intended to identify sites that could accommodate development of
City of Morro Say 2014-2019 Housing Element Update
May 2014 Initial Study and Negative Declaration
23
2014-2019 HOUSING ELEMENT UPDATE
needed housing and does not include any site -specific designs or proposals or grant any •
entitlements for development. Nor would it change any land use designations or zoning
districts that could result in new development or redevelopment. Therefore, the Housing
Element would have no potential to result in greenhouse gas emissions, and there would
be no impact.
2014-2019 Housing Element Update
Initial Study and Negative Declaration
24
City of Morro gay
May 2014
•
•
•
2014-2019 HOUSING ELEMENT UPDATE
Less Than
Significant
Potentially Impact Kith
Less Than
Significant Mitigation
Significant
Impact Incorporated
Impact No Impact
Vlll.
HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a)
Create a significant hazard to the public or the
environment through the routine transport, use,
❑ ❑
❑
or disposal of hazardous materials?
b)
Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
❑ ❑
❑
release of hazardous materials into the
environment?
c)
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
El ❑
❑
within one -quarter mile of an existing or
proposed school?
d)
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
❑ ❑
❑
result, would it create a significant hazard to the
public or the environment?
e)
For a project located within an airport land use
plan area or, where such a plan has not been
adopted, within 2 miles of a public airport or a
❑ ❑
❑
public use airport, would the project result in a
safety hazard for people residing or working in
the project area?
f)
For a project within the vicinity of a private
airstrip, would the project result in a safety
❑ El
❑
hazard for people residing or working in the
project area?
g)
Impair implementation of, or physically interfere
with, an adopted emergency response plan or
❑ ❑
❑
emergency evacuation plan?
h)
Expose people or structures to a significant risk of
loss, injury, or death involving wildland fires,
including where wildlands are adjacent to
❑ ❑
❑
urbanized areas or where residences are
intermixed with wildlands?
SETTING
Due to the quantity and frequency with which hazardous materials are shipped through the
region, transportation -related accidents pose a significant hazardous materials risk to the city.
Major modes of hazardous material transportation include the use of State Routes 1 and 41 and
numerous underground pipelines. In addition to the potential for transportation -related releases
of hazardous materials, potential exposure of the public to hazardous materials can result from
city of Mono Bay
May 2014
25
2014-2019 Housing Element Update
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2014-2019 HOUSING ELEMENT UPDATE
their use by industry, agriculture, commercial, and service establishments. Household use of
hazardous materials also has the potential to result in their release into the environment.
The Diablo Canyon Power Plant is the primary radiation hazard risk in the region. An uncontrolled
release of radioactive material would have the potential to result in significant impacts. To
prepare for potential emergency situations that might develop at the power plant, extensive
warning, reporting, and response plans have been developed. Updated information regarding
the Emergency Response Plan is distributed to the public each year. Additional potential
radiation hazards include low-level radioactive waste from medical facilities and elsewhere. The
hauling, handling, and disposal of these materials are governed by federal regulations.
The Morro Bay Fire Department provides fire response and prevention services. The low -density
urban development predominant in the city helps to minimize potential urban fire hazards. The
California Department of Forestry and Fire Protection (Cal Fire) is responsible for preventing and
controlling wildland fires.
ANALYSIS AND CONCLUSIONS
a-d) No Impact. In general, new development in the city could result in increased risks
associated with the transport, use, and storage of hazardous materials or as a result of
developing existing hazardous materials release sites. However, existing regulations at the
federal, state, and local levels that would apply to any future residential development
would substantially reduce risks associated with hazardous materials. Furthermore, as
discussed previously, the proposed Housing Element is a policy -level document intended
to identify sites that could accommodate development of needed housing. It does not
include any site -specific designs or proposals or grant any entitlements for development,
nor would it change any land use designations or zoning districts that could result in new
development or redevelopment. Therefore, the proposed Housing Element would have
no potential to exposure people or the environment to risks associated with hazardous
materials. There would be no impact.
e-f) No Impact. There are no airports in proximity to the city. Therefore, there would be no
impact.
g-h) No Impact. As discussed previously, the proposed Housing Element is a policy -level
document intended to identify sites that could accommodate development of needed
housing. It does not include any site -specific designs or proposals or grant any
entitlements for development, nor would it change any land use designations or zoning
districts that could result in new development or redevelopment. Therefore, the
proposed Housing element would have no potential to interfere with emergency
response or evacuation plans or expose people or structures to wildland hazards. There
would be no impact.
2014-2019 Housing Element Update
initial Study and Negative Declaration
26
City of Morro Say
May 2014
•
L
n
U
•
•
•
2014-2019 HOUSING ELEMENT UPDATE
Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
IX.
HYDROLOGY AND WATER QUALITY. Would the project:
a)
Violate any water quality standards or waste
El
❑
❑
discharge requirements?
b)
Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater
table level (e.g., the production rate of pre-
❑
❑
❑
existing nearby wells would drop to a level
which would not support existing land uses or
planned uses for which permits have been
granted)?
c)
Substantially alter the existing drainage pattern of
the site or area, including through the alteration
of the course of a stream or river, in a manner
❑
❑
❑
which would result in substantial erosion or
siltation on- or off -site?
d)
Substantially alter the existing drainage pattern of
the site or area, including through the alteration
of the course of a stream or river, or substantially
❑
❑
❑
increase the rate or amount of surface runoff in a
manner that would result in flooding on- or off -
site?
e)
Create or contribute runoff water which would
exceed the capacity of existing or planned
❑
El
❑
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
f)
Otherwise substantially degrade water quality?
❑
❑
❑
g)
Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard
El
El
❑
Boundary or Flood Insurance Rate Map or other
flood hazard delineation map?
h)
Place within a 100-year flood hazard area
structures that would impede or redirect flood
❑
❑
❑
flows?
i)
Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
❑
❑
❑
flooding as a result of a failure of a levee or dam?
j)
Inundation by seiche, tsunami, or mudflow?
❑
❑
❑ IR
City of Morro Bay
May 2014
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Initial Study and Negative Declaration
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0
SETTING
SURFACE HYDROLOGY AND FLOODING
A watershed is the area of land that drains to a specific body of water. The city lies within several
watersheds including Chorro Creek Basin watershed, Morro Creek Basin watershed, Toro Creek
watershed, Alva Paul Creek watershed, Noname Creek drainage area, and small unnamed
watersheds. The major watersheds within the city are the Mono and Chorro Basin watersheds.
The Morro Basin watershed is approximately 15,400 acres, while the Chorro Basin watershed is
approximately 27,670 acres including approximately 2,300 acres of mudflots, tidal wetlands, and
open water habitat (Morro Bay 2011 a).
According to flood insurance rate maps for the city prepared by the Federal Emergency
Management Agency (FEMA), the northern and central portions of the city are located within
the 1 percent Annual Chance Flood Hazard area (FEMA 2012).
STORMWATER DRAINAGE
Drainage within the city consists primarily of overland to surface drainage ways draining into the
storm drain conveyance system and then draining to the bay or ocean. Some areas of the city
drain directly to the bay or ocean (i.e., Embarcadero area) or to a creek that then drains to the
bay or ocean (Morro Bay 2011 a).
GROUNDWATER HYDROLOGY
The city overlies two groundwater basins: the Morro and Chorro basins. These basins are shallow •
alluvial aquifers located in the Morro and Chorro valleys. The basins behave similar to an
underground stream. Rainfall in the watershed percolates into the ground and flows by gravity
underground to the ocean. As a result, the basins have limited storage capacity (Morro Bay
2011 b, p.4-4).
The City obtains a portion of its potable water supply from groundwater. In 1995, the State Water
Resources Control Board (SWRCB) approved water right permits for up to 1.2 cubic feet per
second (cfs) and 581 acre-feet per year (afy) from the Morro Creek subterranean stream
underflow, and up to 3.171 cfs and 1,142.5 afy annually of Chorro Creek subterranean stream
underflow. The Chorro Creek water right includes a condition that the City can only pump its
wells when the Chorro Creek flow exceeds 1.4 cfs. This condition can limit the availability of the
resource for use as a water supply (Morro Bay 2011 b, p. 4-5).
The Morro Groundwater Basin was previously unavailable to the City as a water source due to
nearby methyl tertiary butyl ether (MTBE) contamination in the groundwater basin. The City
began treatment for MTBE in 2002 and continued this treatment until MTBE contamination levels
fell below the Regional Water Quality Control Board's (RWQCB) monitoring threshold in 2008.
Since then, the MTBE levels continue to remain below the RWQCB's monitoring threshold (Morro
Bay 2011 b, p. 4-6).
2014-2019 Housing Element Update City of Morro Bay
Initial Study and Negative Declaradon May 2014
28
•
2014-2019 HOUSING ELEMENT UPDATE
• ANALYSIS AND CONCLUSIONS
a-h) No Impact. In general, new development in the city could result in water quality
degradation, groundwater depletion, increased stormwater runoff, and increased risk of
flooding hazards. However, such development would be required to implement
construction and post -construction best management practices in accordance with the
City's Stormwater Management Plan. In addition, future development would be
prohibited within 100-year flood hazard zones.
As discussed previously, the proposed Housing Element identifies the potential for
development of up to 149 new housing units and the rehabilitation of up to 35 existing
housing units between 2014 and 2019. However, the proposed Housing Element is
intended to identify sites that could accommodate these housing units. It does not
include any site -specific designs or proposals, nor does it grant any entitlements for
development. Furthermore, no changes are proposed to land use designations or zoning
districts that could result in new development or redevelopment. Therefore, the
proposed Housing Element would have no potential to impact water quality,
groundwater supplies, drainage facilities, or flood hazard risk. There would be no impact.
•
• City of Morro Bay 2014-2019 Housing Element Update
May 2014 Initial Study and Negative Declaration
29
2014-2019 HOUSING ELEMENT UPDATE
Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
X.
LAND USE AND PLANNING. Would the project:
a)
Physically divide an established community?
❑
❑
❑
IK
b)
Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to, the general plan, specific plan, local
❑
❑
❑
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
c)
Conflict with any applicable habitat conservation
❑
❑
❑
plan or natural community conservation plan?
SETTING
Morro Bay is divided into a series of residential and nonresidential land use designations. These
different land use designations identify the locations In the city where specific types of land uses
may occur. The land use designations used in the proposed Housing Element are derived from
those used in the City's General Plan.
ANALYSIS AND CONCLUSIONS
a-b) No Impact. As discussed previously, the proposed Housing Element is policy -level
document intended to identify sites that could accommodate needed housing. It does
not include any site -specific designs or proposal or grant any entitlements for
development. In addition, the proposed Housing Element update does not involve any
changes to land use or zoning designations. Therefore, the proposed project would have
no potential to divide the community or conflict with applicable land use plans, policies,
or regulations. There would be no impact.
c) No Impact. As discussed previously, there are no adopted habitat conservation plans
(HCP) or natural community conservation plans (NCCP) within the city. Furthermore, the
proposed Housing Element is policy -level document intended to identify sites that could
accommodate needed housing. It does not include any site -specific designs or proposal
or grant any entitlements for development. Therefore, the proposed project would not
conflict with any HCP or NCCP, and there would be no impact.
2014-2019 Housing Element Update
Initial Study and Negative Declaration
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City of Morro Bay
May 2014
•
•
•
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2014-2019 HOUSING ELEMENT UPDATE
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
XI. MINFRAI RFr(Ot1RC'F5. t,Vnsdd the nrniect
a) Result in the loss of availability of a known El El ❑
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site ❑ ❑ ❑
delineated on a local general plan, specific plan
or other land use plan?
SETTINGS
Since the US Army Corps of Engineers concluded its mining of Morro Rock, there are no known
mineral resources extracted in Morro Bay.
ANALYSIS AND CONCLUSIONS
a-b) No Impact. As previously discussed, the proposed Housing Element is a policy -level
document intended to identify sites that could accommodate needed housing. It does
not include any site -specific designs or proposal or grant any entitlements for
• development. Therefore, the proposed project would have no impact on mineral
resources and mineral resource recovery sites.
rI
City of Morro Bay
May 2014
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Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XII.
NOISE. Would the project result in:
a)
Exposure of persons to or generation of noise
levels in excess of standards established in the
❑
local general plan or noise ordinance or of
applicable standards of other agencies?
b)
Exposure of persons to or generation of
excessive groundborne vibration or
❑
❑
❑
IR
groundborne noise levels?
c)
A substantial permanent increase in ambient
noise levels in the project vicinity above levels
❑
❑
❑
existing without the project?
d)
A substantial temporary or periodic increase in
ambient noise levels in the project vicinity
❑
❑
❑
above levels existing without the project?
e)
For a project located within an airport land use
plan area or, where such a plan has not been
adopted, within 2 miles of a public airport or a
El
❑
❑
public use airport, would the project expose
people residing or working in the project area to
excessive noise levels?
0
For a project within the vicinity of a private
airstrip, would the project expose people
El
❑
Elresiding
or working in the project area to
excessive noise levels?
SETTING
The most significant source of noise in Morro Bay is road traffic along State Route (SR) 1, Morro
Bay Boulevard, Main Street, SR 41, and South Bay Boulevard. Additional sources of noise in the
city include operational noise at businesses and residences and construction noise.
ANALYSIS AND CONCLUSIONS
a- d) No Impact. In general, new development in the city could result in the generation of
noise and/or groundborne vibrations during both construction and operational phases.
However, all such development would be subject to the noise standards contained in
Chapter 17.52 of the City's Municipal Code. Section 17.52.030 prohibits noise in excess of
the noise standards contained in the General Plan Noise Element, sets acceptable
operational hours for uses generating excessive noise near residential uses, and requires
the preparation of acoustical analyses as part of the development review process. In
addition, Municipal Code Section 17.52.040 prohibits the generation of vibrations that
would be noticeable at the property line where the vibration is generated.
2014-2019 Housing Element Update
initial Study and Negative Declaration
32
City of Morro Bay
May 2014
•
•
•
•
2014-2019 HOUSING ELEMENT UPDATE
As discussed previously, the proposed Housing Element identifies the potential for
development of up to 149 new housing units and the rehabilitation of up to 35 existing
housing units between 2014 and 2019. However, the proposed Housing Element is
intended to identify sites that could accommodate these housing units. It does not
include any site -specific designs or proposals, nor does it grant any entitlements for
development. Furthermore, no changes are proposed to land use designations or zoning
districts that could result in new development or redevelopment. Therefore, the
proposed Housing Element would have no potential to expose people to excessive noise
or groundborne vibration or exceed applicable noise standards either temporarily or
permanently. There would be no impact.
e-f) No Impact. There are no airports in the vicinity of the city. There would be no impact.
City of Morro Bay
May 2014
33
2014-2019 Housing Element Update
Initial Study and .Negative Declaration
2014-2019 HOUSING ELEMENT UPDATE
Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XIII. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an
area, either directly (e.g., by proposing new
homes and businesses) or indirectly (e.g.,
❑
❑
❑
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
❑
❑
❑
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
❑
❑
❑
housing elsewhere?
SETTING
•
In 1984, the citizens of Morro Bay enacted Measure F, a voter initiative that set the maximum
population for the city at 12,200 and requires voter approval to increase the population above
this limit. The city's growth rate was slowed by adoption of this measure, along with growth
restrictions established by the Local Coastal Plan. According to the California Department of .
Finance (2013), Morro Bay's population in 2013 was 10,317, a slight increase from the previous
year's population estimate of 10,275 and a slight decrease from the city's 2000 population of
10,350.
ANALYSIS AND CONCLUSIONS
a) No Impact. In general, new development in the city could result in population growth.
However, as described previously, the Housing Element is a policy -level document
intended to identify sites that could accommodate development of needed housing,
but it does not include any site -specific designs or proposals or grant any entitlements for
development. Nor would it change any land use designations or zoning districts that
could result in new development or redevelopment. Therefore, the proposed Housing
Element would have no potential to induce substantial population growth in the city,
and there would be no impact.
b-c) No Impact. In general, new development and redevelopment in the city could result in
the demolition of existing housing units, thereby displacing housing and people and
requiring the construction of replacement housing elsewhere. However, as discussed
previously, the proposed Housing Element is a policy -level document intended to identify
sites that could accommodate development of needed housing. It does not include any
site -specific designs or proposals, not does it grant any entitlements for development. The
Housing Element would not change any land use designations or zoning districts that
could result in new development or redevelopment. Therefore, the proposed Housing
Element would have no potential to displace housing or people. There would be no
impact.
2014-2019 Housing Element Update Gly of Morro Bay is
Initial Study and Negative Declaration May 2014
34
2014-2019 HOUSING ELEMENT UPDATE
Less Than
Significant
Potentially Impact With
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
XIV. PUBLIC SERVICES. Would the project result in substantial adverse ph%,ical impacts associated with
the provision of new or physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts, in
order to maintain acceptable service ratios, response times, or other performance objectives for any
of the following public services:
a)
Fire protection?
❑
❑
❑
23
b)
Police protection?
❑
❑
❑
c)
Schools?
❑
❑
❑
d)
Parks?
❑
❑
❑
e)
Other public facilities?
❑
❑
❑
SETTING
FIRE PROTECTION
The Morro Bay Fire Department provides fire response and prevention services. The department
employs 10 career firefighters, 1 administrative technician, and up to 20 part-time reserve
• firefighters. The firefighters are tasked with emergency planning, response, command, and
mitigation of a wide variety of incidents, including paramedic services, fire suppression, rescue,
and public education. Fire personnel operate from one fully staffed fire station located at 715
Harbor Street and one non -staffed station located at 460 Bonita Street. These facilities house a
fleet of Pierce fire apparatus. The City operates two fire engines, one quint (75-foot ladder truck),
one rescue vehicle, one command vehicle, two utility vehicles, a USAR trailer, and a mass
casualty trailer.
In addition to the City -owned fire engines. the Morro Bay Fire Department operates one engine
provided by the California Office of Emergency Services (OES). OES provides this engine at no
cost to the City. In exchange for use of the engine, the City agrees to staff and respond the
engine to emergencies outside of the jurisdiction when requested. Out -of -county mutual aid
requests for this engine occur approximately three to seven times per year.
The department provides a wide array of fire prevention services focused on improving and
maintaining fire and life safety within the community. Fire prevention activities ensure businesses,
structures, open spaces, and construction projects are in compliance with adopted fire codes,
standards, and ordinances.
POLICE DEPARTMENT
The Morro Bay Police Department (MBPD) provides law enforcement services to the city 24 hours
a day, 7 days a week. The police station is located at 870 Mono Bay Boulevard. The MBPD
currently consists of the following personnel: police chief, commander, support services
manager, four sergeants, five corporals, and six officers.
city of Mono Bay 2014-2019 Housing Element Update
May 2014 Initial Study and Negative Declaration
35
2014-2019 HOUSING ELEMENT UPDATE
SCHOOLS
San Luis Coastal Unified School District (SLCUSD) operates on elementary school and a high
school within the city: Del Mar Elementary located at 501 Sequoia and Morro Bay High School
located at 235 Atoscadero Road. During the 2012/2013 school year, Del Mar Elementary had a
total enrollment of 484 students, while Morro Bay High School had a total enrollment of 852 (EDP
2014).
PARKS AND RECREATIONAL FACILITIES
The Morro Bay Recreation and Parks Department manages numerous parks within the city
including Del Mar Park, Anchor Street Park, Keiser Park, Morro Bay City Park, Centennial Park,
Coleman Park, Boyshore Bluffs, Tidelands Park, Cloisters, Monte Young Park, Morro Bay High
School, and Morro Rock Beach. In addition, San Luis Obispo County owns and operates a golf
course in Morro Bay State Park. The state parks -Mono Bay State Park, Morro Strand State Park,
and Montana de Oro State Park -offer camping facilities, passive recreational opportunities,
and active recreational facilities.
ANALYSIS AND CONCLUSIONS
a-e) No Impact. In general, new development in the city could result in increased demand for
public services that could trigger the need for new or expanded public facilities, the
construction of which could result in impacts to the environment. However, as described
previously, the proposed Housing Element is a policy -level document intended to identify
sites that could accommodate development of needed housing but does not include
any site -specific designs or proposals or grant any entitlements for development. Nor
would it change any land use designations or zoning districts that could result in new
development or redevelopment. Therefore, the proposed Housing Element would have
no potential to result in increased demand for public services, and there would be no
impact.
2014-2019 Housing Element Update
initial Study and Negative Declaration
36
City of Morro Bay
May 2014
•
•
11
•
•
2014-2019 HOUSING ELEMENT UPDATE
Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact.
XV. RECREATION.
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
❑
❑
❑
physical deterioration of the facility would occur
or be accelerated?
b) Does the project include recreational facilities, or
require the construction or expansion of
❑
❑
Elrecreational
facilities, which might have an
adverse physical effect on the environment?
SETTING
Morro Bay offers a wide variety of recreational opportunities such as hiking, nature walks, and
sightseeing. Active recreation such as water sports, including surfing, fishing, diving, and
recreational boating, are also prevalent along Morro Bay's shoreline areas. The city also has
outdoor recreation facilities including sports fields, a roller hockey rink, a skate park, and
basketball courts. The state parks (Mono Bay State Park, Morro Strand State Park, and Montana
de Oro State Park) offer camping facilities, passive recreational opportunities, and active
recreational facilities. In addition, San Luis Obispo County operates the Morro Bay Golf Course in
Morro Bay State Park. The City manages Del Mar Park, Anchor Street Park, Keiser Park, Morro Bay
City Park, Centennial Park, Coleman Park, Bayshore Bluffs, Tidelands Park, Cloisters, Monte Young
Park, Morro Bay High School, and Morro Rock Beach.
ANALYSIS AND CONCLUSIONS
a—b) No Impact. In general, new development in the city could result in increased use of
existing parks and recreational facilities and could include the development of new
parks and recreational facilities. However, as described previously, the Housing Element is
a policy -level document intended to identify sites that could accommodate
development of needed housing. It does not include any site -specific designs or
proposals or grant any entitlements for development, nor would it change any land use
designations or zoning districts that could result in new development or redevelopment.
Therefore, the proposed Housing Element would have no potential to result in an
increased use of existing parks and recreational facilities or the development of new
facilities. There would be no impact.
City of Morro Bay
May 2014
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2014-2019 Housing Element Update
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2014-2019 HOUSING ELEMENT UPDATE
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
XVI. TRANSPORTATION/TRAFFIC. Would the project:
a) Conflict with an applicable plan, ordinance, or
policy establishing measures of effectiveness for
the performance of the circulation system, taking
into account all modes of transportation
including mass transit and non -motorized travel ❑ ❑ ❑
and relevant components of the circulation
system, including but not limited to
intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
b) Conflict with an applicable congestion
management program, including, but not limited
to, level of service standards and travel demand
measures, or other standards established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
SETTINGS
ROAD SYSTEM
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
Morro Bay is primarily a residential and commercial community that is traversed by a major
regional roadway, State Route 1. SR 41 also terminates in Morro Bay, bringing travelers from the
east. SR 1 and Main Street carry the highest levels of traffic in the community and are used for
infra -community trips. Traffic flows well on these facilities during most periods. The bulk of the
city's traffic is generated at the local residential road level and then flows to the arterials that
connect to the adjacent highways.
2014-2019 Housing Efement Update city of Morro Bay
Initial Study and Negative Declaration May 2014
38
C , J
•
is
•
•
2014-2019 HOUSING ELEMENT UPDATE
PUBLIC TRANSIT
Transit service within the city limits consists of dial -a -ride services (DAR). DAR is a door-to-door
public transit system for all ages and is also accessible to disabled persons.
AIRPORTS
There are no airports in proximity to the city.
ANALYSIS AND CONCLUSIONS
a-bj No Impact. In general, new development in the city could result in increased vehicle
traffic in Morro Bay, potentially degrading the performance of the roadway system.
However, as described previously, the Housing Element is a policy -level document
intended to identify sites that could accommodate development of needed housing. It
does not include any site -specific designs or proposals or grant any entitlements for
development, nor would it change any land use designations or zoning districts that
could result in new development or redevelopment. Therefore, the proposed Housing
Element would have no potential to result in increased vehicle traffic in the city, and
there would be no impact.
c) No Impact. Because there are no airports in proximity to the city, the proposed Housing
Element would have no potential to affect air traffic patterns. There would be no impact.
d-e) No Impact. In general, new development in the city could result in increased vehicle
traffic as well as roadway improvements that could create traffic hazards or interfere
with emergency access. However, all roadway improvements would be required to
comply with City design and construction standards to ensure public safety. Furthermore,
as described previously, the Housing Element is a policy -level document intended to
identify sites that could accommodate development of needed housing. It does not
include any site -specific designs or proposals or grant any entitlements for development,
nor would it change any land use designations or zoning districts that could result in new
development or redevelopment. Therefore, the proposed Housing Element would have
no potential to result in traffic hazards or inadequate emergency access in the city.
There would be no impact.
No Impact. The Housing Element is a policy -level document intended to identify sites that
could accommodate development of needed housing but does not include any site -
specific designs or proposals or grant any entitlements for development. Nor would it
change any land use designations or zoning districts that could result in new
development or redevelopment. Therefore, the proposed Housing Element would have
no potential to result in conflicts with public transit in the city, and there would be no
impact.
City of Mono Bay
May 2014
39
2014-2019 Housing Element Update
Initial Study and Negative Declaration
2014-2019 HOUSING ELEMENT UPDATE
Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XVII. UTILITIES AND SERVICE SYSTEMS. Would the proje(t:
a)
Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control
❑
❑
❑
Board?
b)
Require or result in the construction of new water
or wastewater treatment facilities or expansion of
El
El
El
facilities, the construction of which could
cause significant environmental effects?
c)
Require or result in the construction of new
stormwater drainage facilities or expansion of
El
El
Elexisting
facilities, the construction of which could
cause significant environmental effects?
d)
Have sufficient water supplies available to serve
the project from existing entitlements and
❑
❑
❑
resources, or are new or expanded entitlements
needed?
e)
Result in a determination by the wastewater
treatment provider that serves or may serve the
project that it has adequate capacity to serve the
❑
❑
❑
project's projected demand, in addition to the
provider's existing commitments?
f)
Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid
❑
❑
❑
waste disposal needs?
g)
Comply with federal, state, and local statutes and
❑
❑
Elregulations
related to solid waste?
SETTINGS
WASTEWATER
The City of Morro Bay and the unincorporated community of Cayucos share the existing Morro
Bay-Cayucos Wastewater Treatment Plant at 65 and 35 percent, respectively, through a Joint
Powers Agreement. Each community operates its own individual wastewater collection system.
The Morro Bay-Cayucos Sanitary District (MBCSD) is jointly owned by the City of Morro Bay and
the Cayucos Sanitary District and had on average daily flow of 1.089 million gallons per day in
2007. However, the City and the MBCSD are currently in the process of upgrading the treatment
plant to full secondary treatment and to provide tertiary filtration capacity of 1.5 million gallons
per day (Morro Bay 2014b).
Currently, the plant operates under a modified discharge permit, National Pollutant Discharge
Elimination System (NPDES) Permit NO. CA0047881, which waives full secondary treatment
standards for suspended solids (SS) and Biochemical Oxygen Demand (BOD). For all other
operations and constituents, full secondary treatment standards are maintained. The
2014-2019 Housing Element Update
Initial Study and Negative Declaration
40
City of Morro gay
May 2014
•
2014-2019 HOUSING ELEMENT UPDATE
• wastewater treatment plant provides advanced primary treatment to effluent, which is
discharged through a 5,000-foot ocean outfall. The plant discharges an average of 1.5 million
gallons per day (mgd).
WATER
The City's water services are managed by the Public Services Department's Water Division and
are guided by the City's water Management Plan (2008) and Urban Water Management Plan
(2011). Like many coastal communities, the City of Morro Bay is dependent on state water for its
primary water supply. Supplemental water supplies include a desalination plant and
groundwater. Groundwater is extracted from the adjacent Chorro and Morro creek basins. The
safe yield for these two basins was estimated in 1969 by the Department of Water Resources to
be 1,700 acre-feet per year each. However, based on recent engineering studies, these figures
proved to be too low. Currently, the City has eight wells in the Chono Basin and another eight in
the Morro Basin. However, due to high nitrate content, operations of all of the wells but one has
been impacted. Even with water quality impacts from nitrates in the local groundwater, the 2008
update of the Water Management Plan found that the City has sufficient water resources (Morro
Bay 2008).
DRAINAGE
Morro Bay has generally hilly terrain with several major watercourses passing through the city
that carries storm runoff from large areas outside of the city. With the exception of those water
courses, the storm drainage patterns of the city are urban in nature, i.e., smaller localized
• watersheds concentrate and convey runoff from urban -type development on the local street
system and storm drainage facilities. As the city has grown, a system of storm drainage
improvements has been constructed. Storm drainage within the city is managed by the
Stormwater Management Division of the Public Services Department and is guided by the City's
Stormwater Management Plan (2011).
SOLID WASTE
The City contracts with Mono Bay Garbage Service to provide residential and commercial
garbage, recycling, and green waste collection services in Mono Bay. Solid waste is disposed of
at the Cold Canyon Landfill located in San Luis Obispo, which, as of June 2010, had a remaining
capacity of 1,830,000 cubic yards (ColRecycle 2014).
ANALYSIS AND CONCLUSIONS
c-g) No Impact. In general, new development in the city could result in increased demand for
public utilities, including wastewater collection and treatment, water treatment and
conveyance, stormwater drainage collection and conveyance, and solid waste
collection and disposal. The provision of such services in the city is planned at a
cumulative level to ensure adequate supply/capacity as the city is built out under the
current General Plan. As discussed previously, the Housing Element is a policy -level
document intended to identify sites that could accommodate development of housing.
It does not include any site -specific designs or proposals or grant any entitlements for
development, nor would it change any land use designations or zoning districts that
could result in new development or redevelopment. Therefore, the proposed Housing
Element would have no potential to result in increased demand for any public utilities
requiring new or expanded public facilities. There would be no impact.
• City of Mono Ray 2014-2019 Housing Element Update
May 2014 Initial Study and Negative Declaration
41
2014-2019 HOUSING ELEMENT UPDATE
Less Than
Significant
Potentially Impact With Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
XVII I. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to ❑ El
a plant or animal community, reduce
the number or restrict the range of rare or
endangered plants or animals, or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? "Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.
c) Does the project have environmental effects that
will cause substantial adverse effects on human
beings, either directly or indirectly?
ANALYSIS AND CONCLUSIONS
❑ ❑
❑ ❑
a-c) No Impact. The proposed Housing Element is intended to accommodate forecast
population growth under the existing land use designations and zoning districts. The
proposed Housing Element policies and programs do not have environmental impacts
that are cumulatively significant. The Housing Element includes methods of meeting
State -mandated housing numbers, but it does not include or imply approval of any
specific project. No changes are proposed to land use designations or zoning districts
that could result in new development, population growth, major infrastructure upgrades,
or other development or redevelopment that could have a significant impact on the
environment. The proposed Housing Element update would be consistent with the Local
Coastal Program (which includes the City's General Plan, Local Coastal Plan, and zoning
regulations) and would not have the potential to substantially degrade the quality of the
environment, as evidenced in the preceding discussions.
2014-2019 Housing Element Update
Initial Study and Negative Declaration
42
City of Morro Bay
May 2014
.1
L
•
11
2014-2019 HOUSING ELEMENT UPDATE
• REFERENCES
California Department of Finance. 2013. E-1 Population Estimates for Cities, Counties, and the
State with Annual Percent Change - January 1, 2012 and 2013.
CalRecycle (California Department of Resources Recycling and Recovery). 2014. Facility/Site
Summary Details: Cold Canyon Landfill Solid Waste DS (40-AA-0004). Accessed April 25.
http://www.calrecycle.co-gov/SW Facilities/Directory/40-AA-0004/Detail/.
DOC (California Department of Conservation). 2014. Regulatory Maps. Accessed April 23, 2014.
http://www.quake.co.gov/gmops/WH/regulatorymaps.htm
EDP (Education Data Partnership). 2014. Accessed April 24. http://www.ed-
data.k I2.co.us/Pages/Home.aspx.
FEMA (Federal Emergency Management Agency). 2012. Flood Insurance Rate Mop Panels
06079C0813G, 06079C1026G, and 06079C1027G, effective 11/16/2012.
Morro Bay, City. 1982. City of Morro Bay Local Coastal Plan.
1988. City of Morro Bay General Plan.
. n.d. Urban Forest Management Plan City of Morro Bay.
. 2002. Morro Bay General Plan and Local Coastal Plan Update Initial Study.
• —. 2008. City of Morro Bay Water Management Pion Status Report.
—. 2009. Public Review Draft Initial Study/Negative Declaration for the City of Morro Bay 2009
Housing Element Update.
. 2011a. City of Morro Boy Stormwater Management Plan February 2009-February 2014,
Revised June 2011.
2011 b. 20I0 Urban Water Management Plan, City of Morro Bay.
2013. Wastewater Treatment Plant Project. Accessed April 25, 2014. http://ca-
morrobay.civicplus.com/index.aspx?nid=352.
. 2014a. City of Morro Bay 2014-2019 Housing Element Update Public Review Draft.
. 20141p. City website. Accessed April 24. http://www.morro-boy.ca.us/.
is City of Morro Bay 2014-2019 Housing Element Update
May 2014 Initial Study and Negative Declaration
43
® RESOLUTION NO.40-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ilIORRO BAY, CALIFORNIA
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"
(STREETS AND HIGHWAYS SECTIONS 22500 ET.SEQ.)
THE CITY COUNCIL
City of D'lorro Bay, California
NVHEREAS, on May 13, 2014: the Cit_v Council adopted Resolution No. 27-14 declaring
the Council's intent to levy an assessment for the annual maintenance of the Cloisters Park and
Open Space and approving the Engineers Report: and
WHEREAS, a public hearing to hear all protests as to the levy of the annual assessment
of said district was scheduled for June 24, 2014 at 7:00 p.m. in the Veteran's Memorial Building:
and
® WHEREAS, notices were mailed to one hundred percent (100%) of the property owners
on record in the district regarding the proposed assessment listing the date; time and location of
the protest hearing, as well as being published in the local newspaper; and
NVHEREAS, the City Council did hear objections of all interested parties as to the levy
of the annual assessment for the Cloisters Landscaping and Lighting Maintenance Assessment
District on June 24. 2014 at the Veteran's Memorial Building.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay:
1. The annual levy for the maintenance of Cloisters Landscaping and Lighting
Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is
hereby ordered and the assessment of $14944 to be equally distributed per assessable parcel for
the Fiscal Year 2014-1 5 is hereby confirmed.
2. Adoption of this Resolution shall constitute the levy of an assessment for the Fiscal
Year 2014-15 and the Cit_v Clerk shall file the diagram and assessment with the County of San
Luis Obispo Auditor.
u
RESOLUTION 40-14
PAGE
PASSED AND ADOPTED by the Citv Council of the City of Morro Bay at a regular
meeting thereof held this 24 b day of June. 2014 by the following roll call vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ATTEST:
J E BOUCHER, CITY CLERK
0
O
J IIE L. IRONS, MAYOR
Most n.
oztberly corer
Qt-122 cf TriaL IG08
0
m
® RESOLUTION NO.39-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
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.)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on May 13, 2014, the City Council adopted Resolution No. 28-14 declaring
the Council's intent to levy an assessment for the annual maintenance of the North Point Natural
Area and approving the Engineers Report; and
WHEREAS, a public hearing to hear all protests as to the levy of the annual assessment
® of said district was scheduled for June 24, 2014 at 6:00 p.m. in the Veteran's Memorial Building;
and
WHEREAS, notices were mailed to one hundred percent (100%) of the property owners
on record in the district regarding the proposed assessment listing the date; time and location of
the protest hearing, as well as being published in the local newspaper; and
WHEREAS, the City Council did hear objections of all interested parties as to the levy
of the annual assessment for the North Point Landscaping and Lighting Maintenance Assessment
District on June 24, 2014 at the Veteran's Memorial Building.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
I�
1. The annual levy for the maintenance of North Point Natural Area Landscaping
and Lighting Maintenance Assessment District generally located as shown on Exhibit "A"
attached hereto is hereby ordered and the assessment of $5,645 to be equally distributed per
assessable parcel for the Fiscal Year 2014-1 5 is hereby confirmed.
2. Adoption of this Resolution shall constitute the levy of an assessment for the
Fiscal Year 2014-15 and the City Clerk shall file the diagram and assessment with the County of
San Luis Obispo Auditor.
® RESOLUTION 39-14
PAGE
PASSED AND ADOPTED by the Cite Council of the City of Morro Bay at a regular
meeting held this 24`h day of June, 2014 by the following roll call vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smul:ler
NOES: None
ABSENT: None
J IE L. IRONS, MVVOR
ATTEST:
/ F�il%/aA24,4�
JAD14t BOUCHER, CITY CLERK
n
to
EXHl:ilT 'A'
cr MORRO HAY
NORTH POINT NATURAL AREA
I.A:NDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT D1STRIC'I'
ASSESSMENT DIAGR,AIiA
NORTH POINT NATURAL 1,REA
LGEN D
�') = CD11641' c•,'i'_�57P.� NLiI=cL Ftl li�[{d
TACT 2110
KI
® RESOLUTION NO.38-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
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
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of property known as Lease Site
30W-33 W located at 201 Main Street: and
WHEREAS, Bruce Foster "& Susan Foster and Dean Marchant & Carly Marchant
are the current lessees of Lease Site 30W-33 W ; and
WHEREAS. Bruce Foster & Susan Foster and Dean Marchant & Carly Marchant
are currently the upland property owners of 201 Main Street adjacent to Lease Site 30W-
® 33 W; and
WHEREAS. Bruce Foster & Susan Foster and Dean Marchant & Carly Marchant
are refinancing their investment in said property to generate capital for improvements and
repairs as required in their lease with the City; and
NVHEREAS. Bruce Foster & Susan Foster and Dean Marchant & Carly
Marchant's lender, Capital Bank, is requesting approval of a Consent to Encumbrance
agreement to provide certain rights under the lease agreement to secure the loan; and
WHEREAS, the City Attorney has reviewed and approved the attached
agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that the attached agreement regarding Consent to Encumbrance
for Lease Site 30W-33W is hereby approved and that the Mayor is hereby authorized to
execute said agreement.
2
® PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 24th day of June, 2014 on the following vote:
AYES: Irons. C. Johnson_. N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
..w
Jardie L. Irons, Mayor
ATTEST:
v
Jam Boucher. City Clerk
DI
El
CONSENT TO ENCUMBRANCE
THIS CONSENT TO ENCUMBRANCE ("Consent") is dated for reference purposes and effective as of June 24, 2014, by the
®City of Morro Bay, a municipal corporation ("Landlord"), for the benefit of Capital Bank, a Corporation ("Lender"), with reference
to the following facts:
ARTICLE I: RECITALS
1.1 Landlord and Bruce Foster & Susan Foster and Dean Marchant & Carly Marchant, (collectively, "Tenant'') have
entered into that certain lease dated January 28, 2014 (the "Lease") covering certain premises located in San Luis Obispo
County, California, commonly known as Lease Site 30W-33W, as delineated on Parcel Map of the City of Morro Bay No.
68-30,-which map was recorded on October 10, 1968, in book 3, Page 10 of Parcel Maps in the office of the County
Recorder, San Luis Obispo County, California (the "Premises"). The Premises are further described in the Lease Sites map
prepared by Garing, Taylor and Associates, which include detailed survey and dimensional data on said Premises. A copy of
the official Lease Site map for Lease Site30W-33W adopted by City Council Resolution 77-74 is attached hereto as Exhibit
A.
1.2 Lender has made 'or is about to make a loan to Tenant in the. amount of One Million Dollars and No Cents
($1,000,000) (the "Loan"). Repayment of the Loan will be secured_by a leasehold deed of trust ("Deed of Trust")
encumbering Tenant's leasehold interest in the Premises created by the Lease (the "Leasehold").
1.3 Landlord understands the accuracy in all respects of the information set forth herein by it may be and shall be relied
upon by Lender.
1.4 NOW, THEREFORE, TO INDUCE LENDER TO MAKE THE LOAN TO TENANT, LANDLORD HEREBY
DECLARES, UNDERSTANDS AND REPRESENTS TO LENDER THAT:
ARTICLE H: CONSENT
2.1 Landlord's Consent. Landlord hereby consents to the encumbrance of the Leasehold, as evidenced by a Deed of
Trust, approved by the City Attorney for Landlord, executed by Tenant in connection with the Loan; provided, that the
proceeds from the Loan are used only (i) to finance acquisition of the Leasehold, (ii) to pay costs directly associated with
capital improvements Tenant makes to the Premises or (iii) to refinance an existing debt secured by the Lease; provided, than
® any equity is used to pay for costs directly associated with capital improvements Tenant makes to the Premises.
2.2 Surrender or Premises: Amendment of Lease. Landlord agrees it shall not allow or agree to any cancellation,
mutual termination, surrender, acceptance of surrender, modification, or amendment of the Lease without the prior written
consent of Lender.
IN WITNESS WHEREOF, this Consent is executed on behalf of the parties' duly authorized representatives on the date(s)
indicated below and effective as of the date set forth above.
DATE: _ltinc. 3Dt 2-o14
LANDLORD:
Citv of Morro Bav:
By:
)4/4�fQ �
Jamie. Irons, Mayor
City Morro Bay
prov edas to Form:
se W. P one, Interim City Attorney
i of Morro Bay
El
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
ss.
County of San Luis Obispo
On 3 o, -Z o t —) before me, Dana Swanson. Notary Public
(Date)
personally appeared �c.w e 1, r I rotes
(Signeds)
who proved to me on the basis of satisfactory evidence to be the person(s) whose nameO is/afe
subscribed to the within instrument and acknowledged to me that he/s1Xe/they executed the same
in hisAVr/their authorized capacity(i$), and that by his/het/tl-Air signature(g) on the instrument
the person(o, or the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
2Lk'�__e' Lam• " C�s 0--
(Signature of Notary Public)
My commission expires on 12/31/14.
OPTIONAL
DANA SWANSON
COMM. #1919584
w AW cw-cao — °
Cotton. OEC. 31, 2Dt� r
This area for official notarial seal.
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title of Type of Document: Ep cC , ,, k r-anC�
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
a Corporate Officer — Title(s): IV r
ElPartner: ElLimited ElGearal
❑
Attomey-in-Fact
❑
Trustee
❑
Guardian or Conservator
❑
Other:
Signer Is Representing: (a h, b+ mo F3 ay
Number of pages 1
Top of Numb here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California 1
)}
County of San Luis Obispo ss.
On Tvtc 2t3 2.01 t{ before me; Dana Swanson. Notary Public
(Date)
personally appeared
(Signeds)
who proved to me on the basis of satisfactory evidence to be the person( whose name( is/a/c
subscribed to the within instrument and acknowledged to me that he/sl) they executed the same
in his/bfthhev authorized capacity(iet4), and that by his/hgt/thgtr signature(sD on the instrument
the person(, or the entity upon behalf of which the person(o 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.
WITNESS my hand and official seal.
C"g N—
(Signature of Notary Public)
My commission expires on 12/31/14.
OPTIONAL
OANA StNANSON
Comm. #1919584
sueoti `rives aef�
CorrYrt • CEC. 31.2014
This area for official notarial seal.
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title of Type of Document: o ^S c + 4", P7., C. S rav w�
Document Date: &I qo 1 Number of pages I (a
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner: ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
® RECORDATION REQUESTED BY:
CapitalBank
31351 Rancho Viejo Road Ste 101
San Juan Capistrano, CA. 92675
WHEN RECORDED MAIL TO:
Capital Bank
31351 Rancho ViejoRoadSte 101
San Juan Capistrano, CA 92675
DEED OF TRUST
FOR RECORDER'S USE ONLY
THISI DEED OF TROST is elated June 10, 2014; among N. Bruce Foster & Susan Foster and Dean Marchant &
Carly Marcharit:as tenants ("Trustor"I; Capital Bank, whose address is 31351. Rancho Viejo Road Ste 101, San
Juan Capistrano, CA: •92675 (referred to below sometimes -as "Lender' and -sometimes -as "Beneficiary"); and
Fidelity National Title Company, whose address .is 1212 Marsh Street, Suite 2,.San Luis Obispo, CA 93401
(referred*to below as:"Trustee".).
CONVEYANCE AND GRANT. For valuable consideration. Trustor irrevocably grants, transfers and assigns io Trustee intrust; with power
of sale, for the benefit of Lender as Beneficiary. all of Trustor's-right, title,,and interest in, to and'under the Lease descnbed below of the
following described real property; together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
easement§; rights of. way, -and; appurtenances: all water, Water rights and ditch riglits (including stock in utilities'with ditch or irrigation
rights); and:all other rights roya ties,;an_d profits relating -to the feat property, including without limhadon any rielits Trustor later acquires in
the fee simple title to the land, subject to ,the Lease, and all minerals, oil, gas, geothermal and similar marten, (the "Real Property").
located in San.Luis Obispo County, State of California: -
Lease Site 30W-33W
A copy of said Map is attached.hereto as Exhibit and made a part hereof by reference.
The Real Property or its address is commonly known as: Morro Bay Lease Site 30W-33W, Morro Bay, CA
93442.,
Trustor presently assigns to- Lender (also 'known AsBeneficiaryin this Deed of Trust) all of Trustor s right; title, and interest in and to. all
presentand future leases of :he -Property and all.Rents from the Property. This is an absolute -assignment of Rents made in connection
withanobligation secured by real property pursuant to California Civil Code Section 2938. In addition, Trustor grants to Lender- a Uniform
Commercial Code security interest in the.Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEEDOFTRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE.
FOLLOWING TERMS:
TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed & Trustisat Borrowers request and
not at the request. of1ander; lb) Trustor has the full power, right, and authority to enter into this: Deed of Trust and to.hypothecate the
Property; (c) the provisions of this Deed of Trust do not conflict with; or result in a default under any agreement or other instrument
binding upon Truster and do not result in a violation of any law, regulation; court decfee or. order applicable to Trustor,: (d) Trustor. has
established adequate means of obtaining' from Borrower'on a continuing' basis information about Borrower's financial conditien_; and (a)
Lender has made no. representation' to Trustor-about Borrower Gncluding without Iimifationthe creditworthiness of Borrower). -
TRUSTO_R'S WAIVERS. Except as prohibited by applicable law, Trustor waives any right to require Lender to (al make any presentment,.
protest; demand, or notice of any kind, includingnoticeof change of any terms of repayment of the Indebtedness, default by -Borrower or
any, other guarantor or surety, any action or nonacpon taken by Borrower, Lender, or any other guarantor or surety of Borrower, or the
creation of new or additional Indebtedness; (b)-proceed against any person,'including Borrower,.before proceeding against Trustor; (c)
proceed against any collateral for the Indebtedness, including Borrower's collateral, before proceeding against Trustor; (d) apply any
payments: or proceeds received against the Indebtedness' in any order; (a) give. notice of the terms, time, and place of any sale of any
collateral pursuant to the Uniform Commercial Code or any other law governing such sale; (f) disclose any information about the
Indebtedness, Borrower; any collateral, or any.other guarantor or -surety; or about any action or nonaction of Lender; or (g) pursue any
remedy or course of action in Lender's power whatsoever.
Trustor also.waives any and all rights or defenses arising by reason of IN eny disability or other defense of Borrower, any other guarantor
or surety or any other person; (p the cessation tram any cause whatsoever,other than payment in full, of. the Indebtedni-s s; U)'the
application of proceeds:of the Indebtedness by Borrower for purposes other than the purposes understood andintended. by-Trustor and
Lender; 1k) any act of omission:or commission by Lender which directly or indirectly results in or contributes to the'discharge "of Borrower
® or any other guarantor or surety, or the indebtedness, or the loss or operation of, of any collateral,by operatioof law or otherwise; (1) any
statute of limitations in any action under this Deed of Trust or on. the Indebtedness; or Im) .any modification. or change interms of the
Indebtedness, whatsoever, including without limitation, the renewal, extension, acceleration, or other change in the time payment of the
DEED OF TRUST
® Loan No: 1850 (Continued) Page 2
Indebtedness is due and any change in, the interest rate.
Trustor waives all rights anddefensesarising outof'an-election of remedies by Lender, even though that election of remedies, such as
non+rydicial foreclosure witb -respect to security for a guaranteed obligation, has destroyed 'Trustw's rights of subrogation 'and
_reimbursement against Borrower. by.the:operahbn of Section 1580d of the California Lode of Civil Procedure, or otherwise.
Trustor waives "all rights and .defenses that Trustor may have because Borrower's obligation is -secured by realproperty. This means
among other things: (1) Lender may collect.from Trustor ; without first foreclosing on any real or personal property collateral pledged by
"Borrower: f2) If Lender forecloses on any real property collateral pledged by Borrower: lA) The amount of Borrower's obligation may" be
reduced -only by the price for which the collateral.is sold at the:foreclosure sale, even it the collateral is worth more than the sale price. (B)
Lendermaycollect from Trustor,even. if Lender, by foreclosing on the real pmperty collateral, has destroyed "any right Trustor may have:to
collect from Borrower- This is an unconditional and irrevocable waiver of any rights and. defenses Trustor may have because Borrower's
obligation is -secured by real property. These rights and defenses include, but are .not limited to, any rights and defenses based upon
Section 580a, 580b, 580d, or 726 of the Code of Civil Procedure.
Trustor understands and agrees that the foregoing waivers are. unconditional and irrevocable waiversof substantive rights -and defenses to
which Trustor might otherwise be entitledunder state -and federal law.. The rights and defenses waived include, without limitation, those
provided by Californfa laws, of suretyship and guaranty, anti -deficiency laws, and :fie Uniform Commercial Code. Trustor acknowledges
- that Trustor has provided these waivers of rights and.defenses tvitFthe intention that they be fully relied upon by Lender. Trustdr further
understands and. agrees that this Deed of Trust is a separate- and. independent contract,beiween Trustor and Lender, given for full and
ampleconsideration, and is enforceable on own terms. Until all indebtedness is. pa id in.full, Trustor waives any right F to enforce any
remedy Trustor may have against Borrower's or any other guarantor,. surety, or other person, and further, Trustor waives any right to
participate in any collateraLfor the Indebtedness now or hereafter held by Lender.
PAYMENT AND PERFORMANCE. Except as. otherwise provided 'in this Deed of. Trust, Borrower shall pay to Lender all Indebtedness
-secured by this Deed of Trust as it becomes due, and -Borrower and Trustor shall perform- all their respective obligatiors.under the Note,
this Deed of Trust. and.the Related Documents.
POSSESSION AND -MAINTENANCE OF THE -PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
the Property shall be governed by the fallowing -provisions::
Possession and Use. Until the occurrence of. an Event of Default,. Trustor may (1) remain in possession and control of the Property;
(2) use, operate pr manage the Property; and 13) collect the Ren's from the Property.. -
Dury to -Maintain. Trustor shall maintain the "Property in tenantable condition and promptly perform all repairs,- replacements, and
maintenance necessary to. preserve, its value: '
Compliance With Environmental Laws. Trustor represents and warrants to Lender that: n ) During the period ofTrustor's leasehold
interest:in the Property, there has,been no use, generation,. -manufacture, storage, treatment, disposal, release'or threatened release of
- any Hazardous Substance by any person on, under,"about orfrom Property; (2) Trustor has no knowledge_ of, or reason to
to believe that there has been, except as previously disclosed inn acknovedged, by Lender in writing; (a) any breach or violation of
any Environmental Laws, (b) any use, generation,"manufacture, storage., treatment, disposal,. release or threatened release of any
Hazardous Substance on, under, about or from the Property by any prior owners or occupants of :e Property, or (c) .any actual or
threatened litigation or claims of any kind by any person relating to such, matters; and .(3). Except as previously disclosed to and
acknowledged by Lender In writing, (a) neither Tnistor nor any:teoent, contractor, agentor other authorized. user of the Property
shalt use, generate, manufacture, store, treat; "dispose of or release any Hazardous Substance on, under, eoout or from the Property;
and lb) any such acdvdty shall be conducted in compliance" with all ;applicable federal, state, and local laws, regulations and
ordinances, including without limitation all Environmental Caws. 'Trustor authorizes Lender andits agens to enter upon the Property
to make such hispeetions and teas, at Trustor's expense,. as Lender: may deem appropriate to determine compliance of the,Property
with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for lender's pumoses only and shall not be
construed to: create any responsibility or liability on the part of Lender to Trustor 'or to any other person. The representations and
warranties contained herein ere based on Trustor's due: diligence in investigating the Property for Hazardous Substances: Trustor
hereby (1) releases and waives any future claims against Lender for indemnity of contribution in the event Trustor becomes liable for
cleanup or other costs under any such laws; and (2) agrees to inderiuiity, defend; and hold harmless tender -against, arty and all
claims, losses, liabilities; damages, penalties, •and expenses which Lender may directly or in sustain or suffer resulting from a
breach of this section of. the Deed of Trust or as. a consequence of any use, -generation, manufacture, storage. disposal, release or
threatened release" occurring prior to Trustor's,ownership or interest in the Property, whether or riot the same was or should have
been "known to Trustor. The provisions of this -section of. the Deed of Trust, including. the obligation to indemnify and defend,, shall
survive thepayment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
effected by Lerder's acquisition of any interest in the Property, whether by foreclosure -or otherwise.
Nuisance, "Waste. Trustor shall not. cause,conductor permit any nuisance nor commit, permit, or suffer any shipping of or: waste'on
or to.the Property or any'portlon of :the Property. Without limiting the generality of the foregoing, Trustor willnotiemcve; or grant to
any. other party the right to remove, any timber, minerals (including of and gas), coal, clay: -scoria_, soil, gravel or _rock `products
without Lender's prior written consent.
Removal of Improvements. Trustor shall not demolish or remove" any Improvements from the F.eeLProperty without Lender's prior
written consent; As a condition: to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
to Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
attend to Lenders interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
this Deed of Trust
® .Compliance with Governmental Requirements Trustor shall promptly comply with a . If laws, ordinances; and regulations, now or
hereafter in effect,"of all governmental authorities applicable to the. use or occupancy of the Property, including without limitation, the
Americans With Disabilities Act. Trustor may contest in good faith my such law, "ordinance, or regulation and withhold complapce
DEED OF .TRUST
Loan No: 1850 (Continued) Page 3 ®
during any proceeding, including appropriate appeals, so long as Tustor has notified Lender in writing prior to doingsoand so lone is,
in Lender's sole opinion„ Lender's interests in the Property are not jeopardized. Lendermay require Truster to post adequate security
or a surety bond, reasonabfysatistactory to Lender, to protect Lender's interest.
Duty, to Protect. Truster agrees neither to abandon or leave unattended the Property. Trustor'shall :do all. other acts, in. addition to
those aces set forth above in this',section, which from the character and use of the Property are reasonably necessary to :protect and.
preserve the Property. "
Compliance with Lease. Truster will.pay all rents and Will strictly observe and perform on a timely basis all other, terms, covenants;
and conditions 'of the. Lease. Truster will indemnify,defend, and hold Lender harmless against all losses, liabilities,, actions, suits;
proceedings,.cosis including attorneys' fees claims, demands, and damages whatsoever which maybe incurred.by reason of Trustor's
failure to pay rents or strictly observe.or perform under the.Lease. -
Other Agreements Relating "to the Lease. Truster further agrees (1) not to surrender, terminate, Pr cancel the Lease, and (2) net to
modify, change, supplement alter, or amend the Lease, either orally or in writing, without. Lender's prior written consent. Any
attempt by Truster to -do any of the foregoing without,Lender's prior written consent will be void and of no force and effect. At
Lender's "option, Trustor will deposit with Lender as further security all original -documents relating to the Lease and the leasehold
interest -in the Property. Unless Truster is -in breach or default of any of the terms contained in this Deed of Trust, Lender will have no
right to cancel, modify; change," iupplement,.alter or amend the leasehold interest. No:estate in the. Propertyy wne@ier fee title to the
leasehold premises, -the leasehold estate, or any-subazisehold estate, Will merge without Lender express written consent; rather these
estates will remain separate and distinct, even if there is a union of these estates in the landlord, Trmtor, or a third party who
purchases or otherwise acquiresthe:estates..Trustor further agrees that if Truster acquires all or a portion of the fee simple tide, or
any other leasehold or subleasehold title to the Property, that tide will,. at Lender's. option, immediately become subject to the terms of.
this Deed of Trust, and Truster will execute, deliver and record all documents necessary or appropriate to assure that such title is
secured by this -Deed of Trust: -
Notices Relating to theLeaset Truster will promptly notify Lender in writing:.
N) if Truster is in default in the performance or observance of any of the terms, covenants, or condi;ions.which Truster is to
perform or observe under the Lease;.
(2) if any event occurs Which would constitute a default under the Lease;
(3) if any notice of default is given to Trustor, by -the. landlord -under the Lease;
f4) if, pursuant to the. Lease, any proceeds received for the Property are deposited- wiih someone ether than Lender, whether
" received from any insurance on the Property or from the taking of any or all of the.Prope try by eminent domain; and.
(5) if any arbitration or appraisal proceedings are requested or instituted -pursuant w the Lease:
Truster agrees to provide Lender promptly with a copy of all written materials, relating to any of the above and to provide Lender with
such other information as,Lender may reasonably request. Trusteragreesthat promptly after the execution and delivery of this Deed
of Trust Truster win notifythe landlord under the Lease in writing of the execution and delivery of this Deed of Trust and of the name
and address of. Lender and; will deliver a copy of this Deed of. Trust to the landlord.
Option to Cure Lease Default. Upon Lender's receipt of any written notice of Trustor's :default under the Lease, Lender may, at
Lender's"option, cure such default, even though Truster, or any eery on behalf of Truster, questions or denies the existence of svch
default or. the nature of the default. Trustor expressly grants to Lender the absolute. and immediate right to enter upon uhe Property to
such extent and as•.often as Lender in it sole discretion deems necessary or desirable in order to prevent or cure any such default by
Trustor.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare immediately due and payable all sums secured by this
Deed of Trust upon the sale or transfer; without Lender's prior written consent, of all or, any pan of the Real Property; or any interest in the
Real Property. A "sale or transfer' means the conveyance of Real Property or anyright; title oh interest in the Real Property; whether legal,
beneficial or equitable; -whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
for. deed, Iessehol_d idterest with a term greater than three. (3) years;. lease -option contract. or by sale, assignment, or transfer of any
beneficial -interest in or to any land trust holding title to the Real Property, or by any other.method of conveyance of.an interest in the Real
Property. However, this option shall -not be.exercised by Lender if such exercise is prohibited by applicable law. .
TAXES AND LIENS. .The following provisions relating To the -taxes and liens on.the"Property are part:of this Deed of Trust:
Payment.: Trustor shall pay When due (and in all events at least ten (10) days prior to delinquency) all taxes, specfal taxes,
assessments, charges (including watera_nd sewer), fines and impositions. levied against or on account of the Property, and: shall pay
when due all claims for work done on orfor services• rendered or material furnished to the Property. Trustor shag maintain. the
Property free of all .liens having priority over or equal to the interest of Lender under this Deed of Trust except for the -lien of taxes
and assessments not due and except asotherwise provided in this Deed of Trust.
Right. to Contest: Trustor may Withhold payment of any tax,assessment; or claim In connection with a good faith dispute aver the
.obligation to pay, so long as. Lender's interest in the Property is not jeopardized. If -.a lien arises or'is filed as a result of nonpayment,
Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within .fifteen (15) days after Trustor has notice of the
"filing, secure the.discharge of the lien,or if requested by Lender, deposit with Lender cash or a sufficient coroonne surety bend or.
other security satisfactory to Lender in an amount sufficient to discharge the lien plus;any costs and attorneys' fees,. orothercharges
thaticould accrue as a result of"a' foreclosure "or sale under the lien. In any -contest, Trustor shall defend itself and. Lender and shall
satisfy any adverse.judgment before enforcementagainst the Property. Trustor shall name Lender as an additional oblinee under any
surety bond fumishedin the contest proceedings.
'Evidence of Payment_ Trustor shall upon demand furnish to Lender satisfactory evidence: of payment of the Taxes or assessments and
shall-authorire the: apprppriate'governmimal official -to deliver to Lender at dme:a Written statement of -the taxes and assessments
•against the Property.
DEED OF TRUST
Loan No: 1850 (Continued) Page 4
®
Notice of Construction. Truster shall notify Lender at least fifteen, (1.5) days before any -work is commenced, any services are
furnished, or any materials are supplied to the Property, if any inechanids. lien, materielmen's lien; or other Mier could be asserted on
account of the work; services, or materials. Truster will.upon request of Lender furnish to Lender advance assurances satisfactory to
Lender that Trustor can and will pay the cost of such improvements.
PROPERTY DAMAGE JNSURANCE. The following provisions relating to Insuring the. Property are a part of this Deed of Trust.
Maintenance of Insurance. Truster shall procure and maintain policies of fire .insurance with standard extended coverage
endorsements on a fair value basis for the, full insurable value covering all Improvements on the Real'Property in an amount. sufficient
to avoid application. of any coinsurance clause and. with a standard mortgagee clause in favor of Lender. Truster shall also procure
and maintain comprehensive general liability insurance in such coverage amounts as Lender may requestw uh.Trustee and Lender
being named as additional insureds in such liability insurance .policies. Additionally, Truster shall maintain such other insurance,
including but not limited to hazard, business interruption, and boiler insurance; as Lender may reasonably. require. - Notwithstanding the
foregoing, in -no event shall Trustor be. required to provide hazard insurance in excess of the replacement value of .the improvements
on the Real Property: Policies shall be written in forth, amounts, coverages and basisreasonablyacceptable to Lender and issued by a
company or companies reasonably acceptable to Lender.--Trustori upon. requesfof Lender, will deliver to Lender from time to time the
policies or certificates of insurance. in farm satisfactory to Lender; including stipulations that coverages will not be cancelled or
diminished without at least: ten (10) days prior writtennoticeto tender. Each insurance policy also shall include an endorsement
providing that,coverage,fn favor ofLenderwill notbe impaired in anyway by any act, -omission or defauk or Trustor or any other
person. Should the Real Property be: located in an area. designated by the 'Administrator of the Federal Emergency Management
Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available, f ii the full unpaid
principal balance of the loan and any prior liens on the property securing the loan,.up to the maximum poricy.limits. set under_ the -
National Flood Insurance Program; or as otherwiserequired by Lender, and to maintain such insurance for the term of the ban.
Application of Proceeds. Trustor.shall promptly notify Lender of any loss or damage to the -Property. Lander.may make proof of lass
if Trustor fals.to do so within fifteen (15) days of the.casualty. If in Lender's sole -judgment Lender's.securiy interest in the Property
has been impaired, Lender may, at Lender's election,receive and retain the proceeds of any insurance.and apply the proceeds to the:
reduction of the Indebtedness, payment of any lien affecting the.Propsrty, or the resiore5on and repair of the Property. It the
proceeds are- to be applied to restoration and repair,. Trustor shal repair or replace the damaged or destroyed. Improvements in a'
manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, Day or reimburse Trustor from the proceeds
for the reasonable cost of repair or restoration if Trustor is not in default under: tWDeed of Trust. Any proceed which have notbeen
disbursed within 180 days after their receipt and which Lender has not -committed to'the,repair or restoration of. the Property shall be
used first to pay any amount owing to Lender underthisDeed of Trust, then to pay accrued interest, and the remainder,if' any, shall
be a reed to the principal balance of the Indebtedness: 1f.Lender holds =n _ _ r
PP p P _ y. y proceeds: after payment in full of the IndebteHnesssuch.
® proceeds shall 6e nerd to TrusterasTrusfor's interests may :appear.
Trustor's Report on Insurance. Upon request of Lender, however not more then oncea year; Trustor shall furnish to Lender a report
on each existing policy of insurance showing: (1) the.name-of the insurer; (2) the risks insured; (3) the amount of the. policy; (4)
the property insured, the then current replacement value of such propery and the manner of de a mining tits value; and (5) the
expiration date of the policy. Trustor shall, upon request. of'Lender, have an codependent: appraiser satisfactory to Lender determine
the cash value replacement cost of.the Property.
LENDER'S EXPENDITURES. If any action, or proceeding is commenced that would materially .affect Lender's interest in the Property or if
JiListar fails to compty withany provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's.failure to
discharge or pay when due any amounts Trustor_is required to discharge or pay under this. Deed of Trust or any Related Documents, Lender
on Trustor's behalf may (but shall not be obligated :o) take any action that Lender deems appropriate, including but not limited to
discharging or paying alrtaxes, liens,. securityinterests, encumbrances. and other claims; at any time levied or placed on the Property and
paying all costs for insuring, maintaining and preserving the Property. All such expenditures incuffed or paid by Lender for such purposes
will than bear interest at the -rate charged under the Note from the date -incurred orpsid-by Lender to the date of repayment by Trustor. All
such expenses will become a part of the Indebtedness end; at.Lender's option, will (A) be payable on demand; (B) be added. to the.
balance of the.Note and be appordoned among and.be payable _with any. installment payments to become due during. either (1} the term of
any applicable insurance policy;. or (2) the remaining term of the Note; or (C) be treated as -a balloon payment which will be due and
payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other
rights and remedies to which tender maybe entitled upon Default. -
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership..of the, Proper' _are;a part of this Deed of Trust
Title. Trustor warrants that: is) Trustor holds good and marketable title of retard to the- leasehold. interest in the Property pursuaotto
the Lease, free and clear. of all liens and encumbrances other than those set forth in the Real Property description or in any tide -
insurance policy, title report, or final title opinion issued in favor of, and accepted by; lender in connection with this Deed of Trust,
and (b) Trusterhas the full.right,epower;, and authority to execute and- deliver this Deed otTrust to Lender.
Defense. of Title: Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
against the lawful claims of all persons. In the event any action or proceedingis commenced that questions Truster's title or the
interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the. action at Truster's expense. Trustor may be the
nomfnai.party in such proceeding; but Lender shall be entitled to participate in the proceeding and toberepresented in the proceeding
by counsel of Lender'sown choice, and Trustor will deliver, or causetobe delivered, to Lender such instruments as Lender may _
request ;rem time to time to permit such participation.
Compfiance.With.Laws. Trustor warrants.that the Property .and Trustor's use of the Property complies with all existing applicable
laws; ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties', and .agreements made by Truss. in this Deed of Trust
shall survive. the execution -and delivery of this Deed of Trust, shall be continuing in nature, and..shall remain in full force and effect
until such time.as Borrower's Indebtedness shall hie paid in full.
DEED OF TRUST
Loan No: 1850 (Continued) Page 5
-DIY, CONDEMNATION. The following provisions relating to eminent domain and inverse condemnation proceedings are a part of this Deed of
Trust
Proceedings. If.any. eminent domain or Inverse condemnation proceeding is commenced affecting the Property, Trustor shall promptly
notify Lender in writing, and Truster shall pmmptiy.take.such steps as may be necessary to pursue ordefend the action and obtain the
award. Trustor may be.the nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate in the
- proceedingand to be represented. in the proceeding by counsel of its own choice, and Truster will deliver or cause to be delivered to
Lender such instruments and documentation as may be requested by Lender from time to time to pemit such participation.
Application of Net Proceeds. If arty award Is made or settlement entered into in anycondemnationproceedings affectingall or any
part of the Property or by any proceeding or purchase in lieu of condemnation, Lender may at its election, and to the extent permitted
by law, require that all or any portion of the award or:settlement be applied to the. Indebtedness and to the repayment of all reasonable
costs,`expenses;.and attomeys' fees incurred by Trustee•or Lender in connection with the condemnation proceedings.
IMPOSITION OF TAXES, FEES. AND CHARGES BY GOVERNMENTAL AUTHORITIES. The. following provisions relating to governmental
taxes, fees and charges are a' part:of this Deed of Trust
Current Taxes. Fees and Charges. Upon request by Lender, Trustor shall execute such documentsinaddition to this Deed of Trust
and take whatever other action isrequestedby Lender to perfect and continue Lender's lien on the Real Property. -Trustor shall
reiriiburse' Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
of Trust, including without:. limitation all taxes, fees, documentary stamps; and other charges for recording or registering this Deed of
Trust.
Taxes. The following shall constitute: taxes to which this section applies: III a specific tax.upon this type of Deed of Trust or upon
all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or
`required to deduct from psyments on the Indebtedness secured by type of Deed:of Trusti (3) a tax -on this type of Deed of Trust
chargeable "against the Lender or the holder of the. Note; and (4) a specific tax..on all or" any portion of the. Indebtedness or on
payments of principal and interest made.by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall
have: the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for. an Event of Default as
providedbelow unless. Trustor either Ill pays the tax before ii becomes delinquent, or (2) contests the taxi asprovided above in the
Taxes :and Liens�secdonand deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender:
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a
part of this Deed of Trust:
® Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
.Lender shall have all of the rights of a. securedparty under the Uniform Commercial Code as amended from time to time.
Security -Interest. Upon request by Lender; Trustor shall take whatever action is requested by Lender to "perfect and continue -Lender's
security interest in the Rents and Personal Property. Trustor shall reimburse Lender' for all expenses incurred- in perfecting or
continuing this security interest. Upon default, Trustor shall not remove, sever or detach the. Personal Property from the Property.
Upon default, Trustor shall assemble any .Personal Property not affixed to the Property in a manner and at a place reasonably
convenient to Truster and. Lender and make-it.available to Lender within three (3) days after receipt of written demand from Lender to
the extent permitted by applicable law.
Addresses: 'The mailing "addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security
interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as statedon the first
page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and anomey-in-fact are a part of
this Deed of Trust.,
.Further Assurances. At any time, and from time to time, upon request of Lender, Truster will make, execute and deliver, or will cause
to 'be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be nled, recorded,
refiled,.-orrerecorded,, as the case may be, at such times and in such offices and.,ptaces. as Lender may deem appropriate, any and -all
such mortgages, deeds of trust, security deeds, securfty agreements, financing statements, continuation statements, instruments of
further assurance, certificates, and other documents as may, "in the .sole opinion of Lender, benecessaryor desirable in order to
effectuate,.complete, perfect" continue, or preserve (1) Soffower's and Trustor's obligations underthe Note, this Deed:of Trust, -and
the Related. Documents, and 12) . the liens and -security 1mrests created by this Deed of Trust as first and priorliens on the Property,
whether now owned or hereafter. acquired by Trustor; Unless prohibited by law orLenderagrees to the contrary in writing, Trustor
.shall reimburse Lender for all costs and expense.s incurred in connection with the matters referred to in this. paragraph..
Attorney -in -Fact. If' Truster to do any of the things referred to in the preceding paragraph; Lender may do so for and in the name
o£T_rustor and at Tmstor's expense. For such "purposes, Trustor hereby irrevocably appoints Lender as Trustor's a$omey-in-fact for
the purpose of matting, executing, delivering, sling, recording, and doing all other things as may 6e necessary or desirable; in Lender's
sole opinion, to accomplish the matters referred. to in the.preceding paragraph.
FULL PERFORMANCE: If Borrower and Trustor pay all the Indebtedness when -.due; and. Trustor otherwise .performs all the obligations
imposed upon Trustor. under this Deed of Trust, Lender shall execute and defivervto Trustee request for full teconveyance°and,shall
execute and deliver to Truster suitable statements of termination of any financing statement on foe evidencing Lender's security interest in.
the Rents and the Personal Property. Lender may charge7rustof a.reasonable reconveyance feeat the time of teconveyance.
EVENTSOF DEFAULT. Each of the following„ at Lender's option, shall constitute an Event of Default under this Deed of Trust:
® Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in
DEED OF TRUST
Is Loan No:, 1850 (Continued) Page 6
this -Deed of Trustor in any of the Related Documents "or -to comply with or to perform any term, obligation, covenantor condition
contained in any other agreement between Lender and Borrower or Trustor.
Compliance Default. Failure to comply with any other "term, obligation, covenant or condition contained in,this Deed of Trust, the Note
or in any of the Related Documents. "
Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for :axes or
insurance, or any other payment necessary to prevent filing of or to effectdischarge of any lien.
Environmental Default. Failure of any party to comply with or perform when due anyterm, obligation, covenant or condition contained
in any environmental agreement executed in connection with the Property. -
Default in Favor of Third Parties. Should Borrower or any: Grantor default under any loan, extension of. credit, security agreement,
purchase or sales agreement, or any other agreement in favor of any other creditor or person that may materially affect any of
Borrower's or any Grartorls property or Borrower's ability to repay the Indebtedness or.Borrower's or Granmr's ability to -perform their
respective obligations under.this Deed of Trust or any of the Related Documents, .
False Statements. Any warranty: replesentation or statement Made or furnished to Lender by Borrower or Trustor or on Bortower s of
Trustor s behalf under this Deed of Trust or the Related Documents,is:false or misleading in any niatedat respect, either now or at.the
time made or furnished or becomes false or misleading at any time thereafter.
Defective- Conateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including -failure
of any collateral document to createa valid and perfected -se unity interest or lien) at any time and for any reason.
Death or. Insolvency. The death of Borrower or Trustor, the.insolvency of Berrdiwer of Trustor, the appointment of a receiver: for any
part of Borrower's or Trustor's property; any assignment for the benefit of creditors, any type of creditor w_wkout, or the
commencementdf,any proceeding underany bankruptcy b2 insolvency laws by or against Borrower or Trustoi;
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial procee inc,"self-help,
repossession or any other method, by any creditor of Borrower or Trustor or by any governmental agency against any property
securing__the Indebtedness. This Includes a garnishment of any.of Borrower's or trustor's accounts, including deposit accounts, with
Lender. However, this Event of Defauh shall notapplyif.there is a"good faith dispute by Borrower Trustor as to the validity or
reasonablenessofthe claim which is the basis w the creditor orforfeiture proceeding.and if Borrower or Trustor" gives Leader written
,notice of the, creditor or forfeiture proceeding -and deposits with Lender monies or a surety bond for the credhor or forfeiture
proceeding, in an amount determined by Lender, in its -sole discretion, as.being an adequate reserve or bond for thedispute.
Lease Default. Trustor defaults under the terms of the Lease, or any other event (whether or not Trustor's fault) results in the
® termination or cancellation of Trustor:s leasehold rights.
Breach' of. Other Agreement_ Any breach by Borrower or: Trustor-under the terms of"any other agreement. between Borrower or
Trustor :and Lender that fs not remedied within any grace" period provided %therem, including: without limitation any -agreement
concerning any indebtedness or other obligation of Borrower or Trustor to Bender, whether existing now ar later. -
Events Affecting Guarantor. Any.bf the preceding events occurs with respect.to any guarantor, endorser, surety, or accommodation
party of any of the Indebtedness. or. any guarantor, endorser, surety, or accommodation party :des or becomes incompetent, or
revokes or disputes the validity of, or liability under, any Guaranty. of -the Indebtedness.
Adverse Change. A material adverse change occurs -in Borrower's or TrustprTs financial condition, or Lender believes the prospect of
payment or performanceofthe Indebtedness is impaired.
Insecurity. Lender tit good faith believes itselfinsecure. -
Right to Cure. If any default; other than'a default in payment is curable and:ft Trustor has not been given a notice of a breach of the
same provision of this Deed of Trust within -the preceding twelve 112) months, it may be cured if Trustor,.aftei Lender sends written
notice to Borrower demanding cure of such default:" (1) cures'tha default within fifteen 115) days; or (2)' if the cure requires more
rttediately than fifteen (15) days, irninitiates steps which Lender deems In Lender's sole discretion to be. sufficient to cure the default
and thereafter continues and completes all reasonable _and necessary steps :sufficient to produce compliance as soon asreasonably
.practical.
RIGHTSANDREMEDIES_ ON DEFAULT. If an:Event ofDefault occurs under this :Deed of Trust, at any time thereafter, Trustee or Lender
may exerciseany one or rnore of the following rights and remedies:
Election of Remedies. Election bylender to pursue any remedy shall not exclude pursuf .of any other remedy, and ail election to make
expenditures or to take action to perform an obligation of Trustor under this Deed of -Trust, after Trustor's failure,.to.perform, shall not.
affect Lander's right to declare -a default and -exercise its remedies:
ForeclosurebySale. Upon an Event of Default under. this Deed of Trust,. Beneficiary may declare. the entire Indebtedness secured by
this Deed of Trust immediately due.and payable -by delivery, to Trustee of written declaration of default and demand for sale. and of
written notice of default and of election to ,cause to be sold the Property, which notice Trustee.shall. cause to be filed .for record.
- Beneficiary also shall deposit with Trustee this Deed ofYTrust, the. Note, other documents requested by Truster_, and all documents
evidencing expendimres'secured hereby. After the lapse'of such 6me as may then be required by law following one:recordation of the
notice of default and notice of sale having been given as then" required by law; Trustee, without demand oh Trustor, shall sell the
Property at -the time and place fixed by it in the notice' of sale, either as a whole or in separate: parcels, and in such order as it may
deten tiger at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may
postpone. sale of all or any.por icn of the Property by public artrtouncement at.such time. and place of sale.. and from time to time
thereafter -may postpone such sale by public announcement ".at the.time-fixed.by the preceding postponement in accordance with
_ applicable: law. Trustee shall deliver to such purchaser its deed conveying the Property so sold, but. without any covenant or
® warranty, .express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof.
Any person, including Trustor, Trustee or Beneficiary may purchase at -such sale. After deducting all costs, tees and expenses of
DEED OF TRUST
Loan No: 1850 (Continued) Page 7
Trustee .and of this Trust, including cost of evidence of title inconnectionwith sale, Trustee shall apply the proceeds of sale to
payment of: all. sums:expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect
at the date hereof; all other sumsthen secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
Judicial Foreclosure. With respect to all orany part of the Real Property; Lender shall have the right in lieu of foreclosure by power of
sale to foreclose, by judicial foreclosure in accordance with and to the full extent provided by California law.
UCC Remedies. With respect to all or any pa, "of the Personal Property, Lender shall. have .all the rights and remedies of a secured
.parry under the, Uniform Commercial Code, including -without limitador. the right to recover any deficiency in the manner and to the hell
extent provided by California law.
Collect.Rems. Lender shall hm,the right, without: notice to Borrower or Truster to take possession of and manage the -Property and
collect the .Rents, including amounts_ past due -and unpaid, and apply the net: proceeds, .over and above Lender's costs, against the
Indebtedness;. in furtherance of this right, Lender may require any tenant or other user of the.Property to make payments of rent or
use fees directly to Lender. If the Rents are collected by Lender, then Trustor irrevocably ,designates Lender as Trastbr's
attorney-infact to endorse instruments received in:payment thereof in the name of Truster and to negotiate the sarne'and collect the
proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for whichthe
payments are made; whether or not any proper grounds for the demand existed. Lender may exercise its rights under this
subparagraph either in person, by agent, -or. through a -receiver..
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of:all or any part or the Property, with
the•powar to protect and preserve the Property, to operate the -Property preceding foreclosure or sale, and to collect the Rents trorn
,he Property. andapply the.proceeds, over and above the cost of the receivership, against the Indebtedness. The,.receiver may serve
without bond if permitted by law. Lender's right to the, appointment of "a receiver shall exist whether or not the apparent value.of the
Property exceeds the. Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person. from serving asa
receiver. '
Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property, is sold as provided above or Lender
otherwise becomes emided to possession -of the Property upon default of Borrower or Trustor; Truster shall become a tenant at
.sufferance of Lender or the purchaser of the Property and shall, at Lender's' option, either (1f pay a reasonable rental for the use of
the'Propeny, or (2) vacate the Property immediately upon the demand of Lender.
Other. Remedies. Trustee or Lender shall have any other right orremedy provided in this Deed of Trust orthe"Note orr available at law
- or in equity.
Notice of Safe. Lender shall give Trustor reasonable notice of the time and placecof any public sale cf the Personal Property or of the
® time after which any private saleor other intended disposition of the Personal. Property is"to be made Reasonable=notice shall mean
notice givenat least ten (10) days before the time of the safe, or disposition. Any sale of the Personal -Property may be made in
conjunction with any sale of the Real Property.
Sale of the Property. To. theextentpermitted by applicable" law, Borrower and Trustor hereby waives any and all rights to: have the
Property marshalled. In exercising its rights and remedies, theTrusteeor l-ender shall be free -to sell.all or any _part.of the Property
together or "separately, in.one sale or by.separate sales. Lender shall.be entitled to bill at any public sale on all or any pertion.of the
Property.'
Attorneys' Fees; Expenses. B Lender institutes any suit or_action to enforce any of the terms of this Deed of Trust; Lender shall be
entitled to recover such sum as the court may adjudge.reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
- necessary at anytime for the protection of its interest or the enforcement -of its: rights shall become a pan of the Indebtedness payable
on demand and shall.bear interest at the Ndtaiate from the data of the expenditure until repaid-: Expenses. covered by this paragraph
include, without limitation, however subject to any limits under applicable law, Lenders attorneys' fees and Lender's�legaf -expenses,
whether or not there Js a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings fincluding.efforts to modify or
vacate any automatic stay or injunction), appeals; and any anticipated post -judgment collection services, the cost. of searching
records, obtaining tide reports (including foreclosure. reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
Trustee, to the extent permitted by applicable law. Trustor also will pay any courtcosts, in addition to all other sums provided by
law.
Rights of Trustee. Trustee shall have. all of the rights and duties of Lender as set forth in this. section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pan of this
Deed of Trust:
Powers of Trustee. 7n addition tq.ell powers of Trustee adsing as a matter of law, Trustee shall havethepower to sake the, following
actions with respect to the.Property upon the written request of Lender and Trustor: la) join in preparing and (Bing a map or plat of
the Real Proparty, including the'dedication of streets or other rights to the public; (b) join in growing any easement or creating any
restriction on the*Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or interest of
Lender under this Deed of Trust."
Obligations to Notify. Trustee shall not be obligated to notify -any other party of a. pending sale under any other trust deed or lien, of
of any action or proceeding in which Trustor, Lender, or Trustee shall be a party, unless theaction or proceeding isbrought by
"Trustee,
Trustee. Trustee. shall meet all qualifications requiredforTrustee under applicable law. In addition to the rights and remedies set
forth above; with respect to all or any part of the Property; -the Trustee shall have the right to foreclose by notice and.sale; and Lender'
shall have the right'to fc=lose by judicial foreclosure, in either case in accordanc& with and to the full extent provided by applicable
® law.
Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee- appoints' under
DEED OF TRUST
Loan No: 1850 (Continued) page 8
this Deed of Trust by an instrument executed and. acknowledged by Lender and recorded in the. office of the recorder of San -Luis
Obispo County,. State of California. The instrument shall contain, in -addition to:all other matters required bysiate law,the names of
the -original Lender, Trustee;: and Trustor,.the book and page where this Deed of Trust is recorded, and the name and address of the
successor trustee; and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor
trustee; without conveyance of the Property, shall succeed to all the title; power, and dutiesconferred upon the Trustee in this Deed
of Trust and by applicable- law. This procedure focsubstitution of Tnistee:shail govern to the exclusion of all other provisions for
substitution. -
Acceptance by Trustee. Trustee accepts this Trust when this .Deed of Trust, duly executed and ack:,uwledged,is made a public
record -as provided by law.
NOTICES. Any notice required to be given under this`Deed of Trust shall beSgivenin writing; and shall be effective when actually delivered,
when actually received by telefacsimile (unless otherwise required by lave), when.deposited with a nationally recognized overnight courier,
or, ifmailed;"when deposited in the United States mail, as;first class, certified or registered mail postage prepaid; diiectedto the addresses
shown near the beginning of this Deed, of Trust. Trustor, requests that copies of any notices of default and sale be directed to Trustor's
address shown near the begiming of this Deed of Tne L All copies of notices of foreclosure from the holder of any lien which has priority
over this Deed.of Trust shall be sentto. Lender's address, as.shown-near-the beginning of this Deed of Trust. Any party may change is
address for notices under this Deed of Trust by giving formal.written.notice to the -other parties, specifying thatthe purpose of the notice is
to change the pary's address. For notice purposes, Trustor agreesto keep Lender informed at all times of Truster's current address.
.Unless otherwise provided or required by law, if there.is more than.one Truster, any notice given by Lender to any Trustor is deemed to be
.notice given to all Trusters.
STATEMENT OF OBLIGATION FEE. Lender may collect a fee, not to exceed the maximum amount permitted by law, for furnishing the
statement of obligation is providedby Section 2943_a' the Civil.Code of'Califomia. -
MISCELLANEOUS PROVISIONS. The following misceflaneous.provisions are a -part of this Deed of Trust:.
Amendments. This Deed of Trust,.tagether with any Related Documents, constitutes the ernim understanding and, agreement of the
parties. as"to the matters set forth -in this.Dead of Trust. No alteration of or amendment to:this Deed a Tres' shall be effective unless
given in'writing and sighed by the party or parties Sought to be chargedor bound by the alteration or amendment.
Annual Reports. If. the Property is used for purposes other than Trustor's. residence, Trustor shall furnish to Lender, "upon request, a
certified statement of net operating income received from the Property during Trusmr`s previous fiscal year in suchfonn.and detail as
Lender shall require. 'Net operating income' shall mean.all cash receipts from the Property less all cash expenditures: made i_n
connection with the operation of the Property.. ,
® Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpretor
definethe provisions of this. Deed of Trust.
Merger. Thereshall be"na merger of.the-irftterestor'estate created by this Deed of Trust. with any ocher interest or estate,in the
Property"st any time heldbyor for the benefit of Lender in any capacity, without the written consent of Lender.
Governing Law. This Deed.of Trust willbe governed by federal law applicable to Lender and, to the,extent not preempted by federal
law; the laws of the State. of California without regard to its conflicts of law. provisions. This Deed of Trust has been accepted by
Lender in.the State of California.
Choice of Venue. If there is a lawsuit,. Trustoragreesupon Lender's request to submit to the'jurisdiciion of the courts of Orange
County, _State of California:
Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint aril -several, and all
references to Trustor shall mean_ each and every Trustor; and all references to'Borrower.shall mean each and every Borrower. This
means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
No Waiver by Lender. Lender shall not be deemed.to have waived any rights under this Deed of Trust unless "such waiver is given in
writing and signed by Lender: •No delay-'oo omission on the part of Lender in exercising any right shall operate as a waiver cf such
right or any other right: "A waiver by Lender of, a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
right otherwise to demand strict compliance with that.provision or any other provision of this .Deed of Trust. No prior waiver. by
Lender, nor, any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
Trustor s obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
of such consent by Lender in *any instance shall not constitute cdritinuing consent to subsequent instances where.. such consent is
required and in all cases such consent may be granted: or withheld in the sole discretion. of Lender.
SeverabTty. If a court of competent jurisdiction" finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable. as to
any person ci circumstance; that finding.shall not make the offending provision illegal, invalid, or unenforceable as to any other person
or circurnstance., If feasible; the offending provision shall be considered modified sothatit. becomes legal, valid and enforceable. If
the offending provision cannot be so modified it shall be -considered deleted from this Deed of Tryst. -Unless otherwise required by
law, the illegality; invalidity, or unenforceability of ,any provision of. this Deed of Trust shall not affect the -legality, validity or
enforceability of any other provision of this Deed of Trust:
- Successors end,Assigns. Subject toanylimitations:stated in this Deed of Trust on transfer of Truster's interest,. this Deed of Tnrs:
shall be binding upon and inure to the benefit.of the parties, their.successors and assigns. If ownership of the Property becomes
vested. in a person other than Trustor, Lender, withoufnotice-to,Trustor,may deal with. Truster's successors with reference to this
Deed of Trust and the Indebtedness_ by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
Trust or liability under the Indebtedness. -
® Time isof the Essence. Time is of the essence, in the performance of this Deed of Trust.
DEFINITIONS_. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
specifically stated to the contrary, all references to dollar amounts shall: meanamounts in lawful money of the United States of America.
DEED OF TRUST
® Loan No:. 1850. (Continued) Page 9
Words and terms used in the singular shall include the -plural, and the pluralshallinclude the:singular, as the context may require. Words
and terms not otherwise defined in this Deed of Trust shall.have the meanings attributed to such terms in the: Uniform. Commerciaf Code:
Beneficiary. The word 'Beneficiary' means Capital Bank, and its successors and assigns.
Bomover. the-word'Borrower' means Dean Merchant and N.-Biu_ce Foster and includes all co-s_icners and co -makers signing the
Note and all their successors and assigns.
Deed of Trust The words "Deed of Trust' mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
limitation -all assignment and. security interest provisions relating to the Personal Property and,Rents:
Default THe word 'Default' means the Defaultsetfo.•th in this Deed of Trust in the section titled 'Default'.
Environmental Laws. The words 'Environmental Laws' mean any and.all*state,-federal and local statutes, regulations. and ordinances
relating to -the protection of human health or the environment, including without limitation the Comprehensive Environmental
Response, Compensation, and Liability Act.. -of 1980, as amended, 42 U.S.C: Section 9601, at seq. ('CERCLA'), the Sgperfund
.Amendments, and Reauthorization Act of 1986, Pub. L.'No. 99-499 ('SARA'), the Hazardous Materials Transportation Act; 49 U.S.C.
Section 1601, at seq., the Resource Conservation and Recovery Act,. 42 U.S.C. Section 6901; et seq.,. Chapters 6.5 th ough 7.7 of
Division 20 of the California Health and Safety Code,, Section 25100, et seq.,.or otherapplicablestate or federal laws, rules, or
regulations adopted pursuant thereto. -
Event of Default. The words 'Event of Default' mean any of the events of default set forth in this Deed of, Trust in the events of
default section of this Deed of Trust.
Guaranty. The.word 'Guaranty" means the guaranty from guarantor, endorser, surety, or accommodatdn'par=ty to Lender, including
without fimitatidn a guara" ofallor part of the Note.
Hazardous Substances. The words. "Hazardous- Substancesmean materials that, because of their quantity; concentration :or
physical, chemical or infectious characteristics, may cause... or pose a present or potential hazard to human health br the environment
wham improperly used, treated, stored, disposed of,. generated, manufactured, transported or otherwise handled. The words
"Hazardous Substances' are used in their very broadest sense and -'include without limitation any .and all Hazardous or toxic
substances, materials or waste as defined by or, listed under the Environmental Laws.. The ',arm "Hazardous Substances' also
includes, withoutGmitation,:petroleum and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word 'Improvements" means ell existing and future improvements, Buildings; at, mobile. homes affixed on
the Real Property, faonides, additions, replacements and ather construction on the Reel. Property.
® Indebtedness. The word'Indebtedness" means all principal .interest, and other•amounts, costs and expenses payable under the Note
or Related Documents togethee.with all renewals of extensions of, modifications. of, consolidations of and substitutions for the Note
or Related Documents and. any, amounts:expended or advanced by Lender 'todischarge Trustor's obligations ur expenses incurred by
Trustee. or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
Deed of. Trust. - -
Lease. The word "Lease! means the lease of the Property dated. January 28, 2014, between City of Moro Bay, Landlord and Trustor,
which was recorded as follows:
Lender. The word "Lender' means Capital Bank, its successors.and assigns.
Note. The ward 'Note' meansthe promissory note dated June 10, 2014,: in the original principal amount of
$1,000,000.00 from Borrower to Lender, together with an renewals of, extensions of, modifications of; refinancings of,
consolidations of, and substitutions.for the promissory note. or -agreement..
Personal Property. The words 'Personal .Property' mean all equipment; fixtures;. and other articles of personal property now or
hereafter -owned by Trustor, andnow or hereafter attached or.affixed to the Real Property; together with all accessions, pans, and
additions .to, all replacements of, and all substitutions for, any of such property; and together w('.h all proceeds (Including .without
Iimitatloroall insurance proceeds and refunds of premiums) from any sale or other disposition. of the Property.
property. The word 'P roperty' means collectively the Real Property and the,Personal.Proparty.
Real Property. The words 'Real Property' mean the real prope try; interests and rights, as further described In this Deed of Trust
Related Documents_ The words "Related Documents' mean all promissory notes, credit' agreements, loan agreements, security
agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents,
whether now or hereafter existing„ executed in connection with the Indebtedness; except that the wards do not mean any guaranty or'
ervimnmertal agreement whether now pr hereafter existing, executed In connection with -the Indebtedness. -
Rents. The word 'Rents' means all present and future leases, rents, revenues, income, issues, royalties, profits;and other benefits
derived from the Property together with the cash proceeds of the Rents.
Trustee. The word 'Trustee' means Fdeliry National Title Company_, whose address is 1212 Marsh.Stree:, Suite 2, San Luis Obispo,
CA 93401 and any substitute ocsuccessortrustees. - -
Trustor. The. word "Trustor.' means N. Bruce Foster, Susan Foster, Dean Merchant and Cady Merchant.
2
®DEED OF TRUST
Loan No: 1850 (Continued) Page 10
EACH TRUSTOR ACKNOWLEDGE$ HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
ITS TERMS. / /
TRUSTOR:
Susan Foster
x
Dean Merchant
X —
Carly Merchant
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CA
®ll )55
COUNTY OF {Sf,r-�j�vif�.7��-
On J UVLi /PML , 20j L before me, I\.,(I rid-►M ..5 N'L' ".y (�'�J�IZ,
(here insert name and title of the offi er)
personally appeared N. Bruce Foster, who proved to me on the basis of satisfactory evidence to be the persor117 whose name,alDare
subscribed to the within instrument and acknowledged to me that&fshe/they executed the same in ris�her/their authorized capacitypF 'sT,
and that byC3fher/their signatureXon the instrument the persorX, or the entity upon behalf of which the person!e 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.
MIRIAM LAIN
cow.R2048301 m
WITNESS my hand and official seal. Notary Puolic-CaMornia
W � � _ Spit LUIS OBISPOCOLIM
Gartua. E�xp. N^0)�', se,,.t7,
Signature (Seat)
DEED OF TRUST
® Loan No: 1850 (Continued) Page 11
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF ri I1-: (th 1
ISS
COUNTYOF "t-ry LVtb VUt. SI/= 1
On 21 f� ,r
� 5 �. , 20(A before me, Rlin>Lw1 ""`yr )jbtl r y
(here insert name and title of the officer)
personally appeared Susan Foster, who proved tome on the basis oL4atisfactory evidence to be the personls) whose nameVj(Ls9are
subscribed to the within instrument and acknowledged to me that hel a they executed the same in his/Witheir authorized capaciryli ,
and that by hislotheir signatur on the instrument the persoro, or theentityupon behalf of which the perso cted, 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.
MIRIAM LAW
COhw.#2046301 m
WITNESS my hand and official seal. w ie�—d« �- Nolary Pub&-Cafdomia m
Lu . W LUIS OBISPOCOUNIY
��'- h Camm. ExD: tfOV: 7, Z017 '
Signature �/ 1 / I / V "�x� (Seal)
is CERTIFICATE OF ACKNOWLEDGMENT
STATE OF I
)SS
COUNTY OF 1
On , 20 before me,
(here insert name and title of the officer)
personally appeared Dean Merchant, who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfher/their authorized capschy(ies),
and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the
instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of,California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
DEED OF TRUST
Loan No: 1850 (Continued)
Page 10
EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
ITS TERMS.
TRUSTOR:
X
N. Bruce Foster
Cth I It-ICA I t Ur ACKNUWLEDGMENT
STATE OF )
ISS
® COUNTY OF I
On , 20 before me,
(here insert name and title of the officer)
personally appeared N. Bruce Foster, who provedtome on the basis of satisfactory evidence to be the persons) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
E
Loan No: 1850
DEED OF TRUST
(Continued)
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF
, /J'4 ) SS
COUNTY OF 't-• -t��Ct 1
On , 20 before me,
(here insert name and title Of the officer)
Page 11
personally appeared Susan Foster, 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/shelthey executed the same in his/her/their authorized capacitylies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(sl 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.
WETNESS my hand and official seal.
Signature (Seal)
® CERTIFICATE OF ACKNOWLEDGMENT
STATE OF _ C(-�� �v5��C
G ^ )SS
COUNTY OF J�'k'� \ 4 C—U CD
On 1L12C u2�P 20r J �t� before melJ'1• �C,ILvIJ�` �i�''_L_�� ��b l�C
,
(here insert name and title of-he.of5cer)
personally appeared Dean Marchant, who proved to me on the basis of satisfactory evidence to be the person(X whose namels) istarE
subscribed to the within instrument and acknowledged to me that he/sKilpey executed the same in hisR�erlOt.ir authorized capacltyfasf,
and that by his/-r/their signature4j on the instrument the person(sl, or the entity upon behalf of which the personls) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trueandcorrect.
WITNESS my hand and official. seal.
OFcIrIAL SEAL
�bfa�°'__-='}yz i' hlilTAnY PLr Lb-,_,nuF03iJlc 2�-_
��i'.•'.-')I CObcrri. 110. 202_8r7
q':.�'+`,f SAN DIEi30 CC',1114TY n
` _ My CCd+im. EXF. 4A ; 2u. 2017 g
r 1'a-�.�s-ram.:-.-a-a.=
Signature � '
C
ISeal)
DEED OF TRUST
Loan No: 1850 (Continued) Page 12
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF l � ,� 1 �1 (� ( � ( 0— 1
1 )SS
COUNTY OF
\
On \ ] w tL � 2--V t \ , 20 l "A before me, 1 / -)
there insert name and title of the ofncerl
personally appeared Carly Marchant, who proved to me on the basis of satisfactory evidence to be the personK whose nameW is/aCe
subscribed to the within instrument and acknowledged to me that� /she/IKiiy executed the same inpis/herl\hdir authorized capacityfipS),
and that by bi'merlth� signature) on the instrument the personY" or the entity upon behalf of which the persons) acted, executed the
instrument. //
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
OFFICI:;L SEAL
PFACnCic t
1TF4
u(: NOTARY F'VoLIC-GALI?jRh!I?.
Cf,lih5. NO. 3P2'c8; 7
�
Signature
9 V-�
A �T�:f oM OIEGOi:011Niy
trY
Wfil5. E>:P. I•.AA+' 2G. 201% � (Seal)
(DO NOT RECORD)
REQUEST FOR FULL RECONVEYANCE
(To be used only when obligations have been paid in full)
To: , Trustee
The undersigned lathe legal owner and holder of all Indebtedness secured by this Deed of Trust. All slims secured by this Deed of Trust
have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed
of Trust or pursuant to any. applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with
this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held
by you under this Deed of Trust. Please mail the reconveyance and Related Documents to:
Date:
Beneficiary:
By:
Its
LaserPro, Ver. 14.3.10.003 Copr. D+H USA Corporation 1997, 2014. All ftighs Reserved. - CA G:\HARLAND\CFI\LPL\GO,.FC
TR-1131 PR-9
RESOLUTION NO. 37-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
TO 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
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the California Energy Commission provides loans to school, hospitals, local
governments, special districts, and public care institutions to finance energy efficiency improvements: and
R'HEREAS, the City Council authorizes the Recreation and Parks Director to apply for an
energy efficiency loan from the California Energy Commission to implement energy efficiency measures:
and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA), the City
Council finds that the activities funded by the loan are not projects and thus exempt from CEQA pursuant
to Section 15301 (Existing Facilities), Class I of the CEQA Guidelines because the projects consist of the
repair, maintenance, and minor alteration of existing public structures, facilities, and mechanical
equipment involving negligible or no expansion of the existing use: and
WHEREAS, if recommended for funding by the California Energy Commission, the City
® Council authorizes the Recreation and Parks Director to accept a loan up to five hundred sixty-two
thousand dollars (S562,000): and
WHEREAS, the amount of the loan will be paid in full, plus interest, under the terms and
conditions of the Loan Agreement, Promissory Note and Tax Certificate.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, the
Recreation and Parks Director is hereby authorized and directed to execute all necessary documents to
implement and cam out the terms of the loan and to undertake all actions necessary to undertake and
complete the energy efficiency projects.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 10'" day of June, 2014 on the following vote:
AYES: Irons, C. Johnson_. N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
le L. Ir ns. Mavor
ATTEST: q
® Jarq"L6 Boucher, City Clerk
RESOLUTION NO. 36-14
A RESOLUTION OF THE CITY COUNCIL
® OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING VARIOUS SECTIONS OF THE CITY COUNCIL
POLICIES AND PROCEDURES MANUAL REGARDING
MAYOR PRO TEMPORE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Council Policies and Procedures Manual for the City of Morro Bay (the
"Manual") is a combination of City Council actions, policies, references, and information regarding the
City Council: and
WHEREAS, to ensure all Councilmembers are familiar with and understand the City of Morro
Bay's philosophies and policies regarding serving on the City Council, on July 23, 2001, the City Council
adopted Resolution 47-01 approving an early version of the Manual; and
WHEREAS, the Manual has been amended several times throughout the years; and
WHEREAS, at its meeting of May 27, 2014, through adoption of Ordinance 586, the City
Council amended the Morro Bay Municipal Code regarding references to Vice Mayor and Mayor Pro
Tempore; and
WHEREAS, that amendment requires amendments to various Sections of the Manual as they,
® too, refer to Vice Mayor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, as
follows:
SECTION 1. The Manual is readopted. as attached hereto as Exhibit A.
SECTION 2. This Resolution shall be effective as of June 27, 2014
PASSED AND ADOPTED by the City Council. City of Morro Bay at a regular meeting thereof
held on the 1 Oth day of June. 2014 by the following vote: V V
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ABSTAIN: None
la i •4,4tno
JAi E L. IRONS. Manor
ATTEST:
® t/�
JAME BOUCHER. City Clerk
Cityof Morro Bay
y
Council Policies and
Procedures
SCOPE
This resolution shall establish the procedures for the conduct of all
meetings of the City Council of the City of Morro Bay. The purpose of
• this resolution is to provide that the City Council's meeting procedures
will be consistent with the Brown Act (Government Code Sections
54950 et seq.) establish procedures which will be convenient for the
public and contribute to the orderly conduct of the City's business. The
procedures herein are in addition to, and not in place of, Morro Bay
Municipal Code 2.08 and any other applicable ordinances and statutes,
and in the event of conflict between this resolution and applicable
ordinances or statutes, the latter shall govern.
RESOLUTION NO: 46-02
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
AUGUST 12, 2002 APPROVING AND ADOPTING
• THE COUNCIL POLICIES AND PROCEDURES MANUAL
AND RESCINDING RESOLUTION NO. 47-01
RESOLUTION NO: 54-03 •
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
NOVEMBER 13, 2003 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
SECTIONS 1.2.2 AND 1.3.7.1.1
RESOLUTION NO: 37-04
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
JUNE 24, 2004 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
SECTION 1.3.9.3.5
RESOLUTION NO: 42-05
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
NOVEMBER 14, 2005 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL •
SECTION 4.5
RESOLUTION NO: 23-06
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
MAY 22, 2006 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING CANCELLATION OF MEETINGS
RESOLUTION NO. 24-07
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
MAY 14, 2007 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING EX PARTE COMMUNICATIONS
•
(Updated on 6t2/103/143)
. RESOLUTION NO.5"7
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
OCTOBER 8, 2007 ADDING TO AND AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING USE OF CITY LETTERHEAD AND
USE OF SPEAKER SLIPS AT CITY COUNCIL MEETINGS
RESOLUTION NO. 76-M
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
NOVEMBER 10, 2008 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING THE ORDER OF BUSINESS ON THE
CITY COUNCIL AGENDA, APPOINTMENT OF VICE MAYOR
AND FILLING COUNCIL VACANCIES
• RESOLUTION NO. 11-10
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
•
FEBRUARY 22, 2010 ADDING TO AND AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING EXPENSE REIMBURSEMENT POLICY FOR
ELECTED AND APPOINTED OFFICIALS, CITY LETTERHEAD
AND THE COUNCIL COMPENSATION COMMITTEE
RESOLUTION NO.28-10
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
JUNE 14, 2010 AMENDING COUNCIL POLICIES AND PROCEDURES
MANUAL REGARDING SECTION 2.2, RETIREMENT,
MEDICAL, DENTAL, VISION, AND LIFE INSURANCE
(Updated on 64?J103/143)
RESOLUTION NO.46-10 •
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON SEPTEMBER 27, 2010
AMENDING THE COUNCIL POLICIES AND PROCEDURES
MANUAL IN REGARD TO CALLING CLOSED SESSION MEETINGS;
IN REGARD TO ALL REAL PROPERTY CONTRACTS GOING TO CLOSED
SESSION PRIOR TO OPEN SESSION; IN REGARD TO COUNCIL LL4ISONS
TO ADVISORY BOARDS; AND, IN REGARD TO CITY COUNCIL INPUT ON
HIRING AND EVALUATION OF DEPARTMENT HEADS
RESOLUTION NO. 11-11
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON JANUARY 25, 2011
ADDING TO AND AMENDING THE COUNCIL POLICIES
AND PROCEDURES MANUAL REGARDING
REGULAR MEETING TIMES AND PLACING ITEMS ON THE AGENDA
RESOLUTION 64-12
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON DECEMBER 11, 2012
AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL •
REGARDING ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT
AND THE BROWN ACT
RESOLUTION 19-13
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON MARCH 12, 2013
AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL
REGARDING STUDY SESSIONS, PLACING AN ITEM ON THE AGENDA,
RECONSIDERATION, ORDER OF BUSINESS AND PUBLIC COMMENT
RESOLUTION NO.53-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING SECTION 2.2 OF THE CITY COUNCIL POLICIES AND
PROCEDURES MANUAL REGARDING RETIREMENT, MEDICAL, DENTAL,
VISION, AND LIFE INSURANCE UNSPENT DOLLARS
•
(Updated on 64-2/103/143)
•
•
•
RESOLUTION NO. -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING VARIOUS SECTIONS OF THE CITY COUNCIL POLICIES AND
PROCEDURES MANUAL REGARDING MAYOR PRO TEMPORE
(Updated on 642/IM43)
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings
and the manner in which special meetings may be called. Public interest and
convenience shall be primary considerations when decisions are made as to time,
location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to
the public.
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meetings shall be held the second and fourth Tuesday
of each month beginning at 6:00 p.m. In the event that a
regular meeting of the Council shall fall on a legal holiday, that
regular meeting shall be held at the same place and time on the
next succeeding working day. (MBMC 2.08.010). A regular
meeting can only be cancelled after polling the majority of the
Council in favor of the cancellation. (Reso. 23-06), (part)
(Reso. I 1-11), (part)
1.1.2.2 Regular meetings shall be held in the Veterans Memorial
Building, 209 Surf Street, in the City of Mono Bay. (MBMC
2.08.010)
1.1.2.3 Regular meetings shall be between the hours of 6:00 p.m. -
11:00 p.m. It shall be the policy of the City Council to
complete meetings by 11:00 p.m. unless a majority of the
Council elects to continue past the adjournment hour. If at the
hour of 11:00 p.m. the City Council has not concluded its
business, the Council will review the balance of the agenda and
determine whether to extend the meeting beyond the hour of
11:00 p.m., continue any remaining items, or adjourn the
meeting to another date and time.
Is
L
(Updated on 642/1Q3/143) 6
1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions
between staff, advisory bodies or consultants, the public, and
the City Council regarding specific programs, projects or
policies. Council may provide direction, but no formal action
will be taken during a Study Session. Study Sessions may be
conducted in a variety of formats, including Public Workshops.
(Reno 19-13), (part)
1.1.3.2 Study Sessions will be held at a time and place within the City
limits and convenient to Council and advantageous for public
participation.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members
of the City Council. (GC o 54956) Written notice of each
special meeting must be given not less than twenty-four (24)
hours before such meeting to each Member of the City Council
• not joining the call. Special meetings may be cancelled only by
consent of a majority of the members of the Council not less
than 24 hours before the date of the special meeting. Notice of
such cancellation shall be given to all Council Members and
written notice shall be posted for the public not less than 24
hours before the meeting. (Reno. 23-06), (part)
•
1.1.4.2 Written notice must be given to the City Council and to the
media twenty-four hours prior to each meeting. (GC ❑ 54956)
1.1.4.3 A supplemental telephone call shall be made if necessary to
notify each Council Member.
1.1.4.4 No business other than that announced shall be discussed.
1.1.4.5 Any special meeting held at a place other than the Veterans
Memorial Building shall be open to the public. Such meetings
shall be held within the city limits. Notice requirements of the
Brown Act shall be complied with for any such meetings;
regular minutes shall be taken by the City Clerk and shall be
available for public inspection.
(Updated on 64-NlGP143) 7
1.1.5 USE OF COUNCIL CHAMBERS •
1.1.5.1 The City Manager, or designee, is responsible for maintaining a
calendar on the use of the Council Chamber and all requests for
reservations shall be cleared through the administrative office.
1.1.5.2 When a question arises regarding permission for any group to
use the facility, the City Manager shall have authority to make
the final decision. The following rules are established as a
guide:
a. Use of the Council Chamber for regular meetings by
City commissions, committees, and other advisory
bodies shall take precedence over any other group or
agency. To the extent possible, special meetings will be
scheduled around other regularly scheduled non -city
uses. In the event of a conflict, the City will give
priority to rescheduling or relocating any use displaced
by a city -related use.
b. Council chambers is available for other use on a first -
come -first -serve basis, after City, city -affiliated and
other regular uses are scheduled. .
C. With the approval of the City Manager, and within the
provisions of existing video production agreements,
other local governmental agencies may use the Council
Chamber for the purpose of live or video cablecasting
public hearings and/or public meetings during regular or
non -business hours.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved Council
Goals, Financial Plan and Budget, and also work programs, objectives, and
business of the City as established by the present or earlier City Councils. Agenda
items also include recommendations to the City Council from advisory bodies,
land use and zoning actions or appeals, bid and purchasing procedures, and
mandates from other levels of government. Staff shall work within the policy
context established by the Council and will not arbitrarily place matters on the
agenda that are outside the scope of existing work programs of the City, except as •
approved by the Mayor or a majority of the Council, and to inform and advise the
Council of matters necessary to the proper operation and well-being of the City.
(Updated on 64-2/104/143) 8
a. Tentative Council Meeting Agenda - published before the close of
business on the second Friday prior to the Council meeting.
b. Full agenda packet published before the close of business Thursday prior
to the Council meeting.
The process for determining the format and order of the agenda is based primarily
on the order of business adopted by the City Council (See Section 1.2.8). The
process for establishing the order of specific business and public hearing items is
a collaborative one determined largely by anticipated public attendance (those
matters involving greater audience attendance are usually scheduled ahead of
other items). The City Manager shall meet with department heads on the day of
the City Council meeting to discuss issues and to review upcoming agenda items.
In addition, the City Manager shall review the agenda materials with the Mayor,
or in the Mayor's absence, the Viee-Mayor Pro Tempo . The final agenda is set
subject to the approval of the Mayor (or V4ee-Mayor Pro Tern el, after
consultation with the City Manager.
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
• Any Council Member may request an item be placed on a future agenda by
submitting a request, orally or in writing, to consider the matter and by discussing
the request during the "Declaration of Future Agenda Items" section of the regular
agenda. If a majority of the Council approves, staff will prepare a staff report for
the next available agenda if formal Council action is required. (Reno. 11-11),
(part)
If only one other Council Member supports hearing the item, an item will be listed
on the next available agenda. The Council Member who made the request for the
agenda item shall be responsible for providing the Council report and the Council
will take no action on the substance of the matter at this review unless there is
adequate public notice and information is provided for the Council to make an
informed decision. If no other Council Member supports hearing the item, the
item will not be placed on the agenda. (Reso. 54-03), (part), (Reno. I 1-11), (part)
Pursuant to Policy 1.2, the Mayor is responsible for establishing the Agenda and
may place an item on the agenda without Council support. In such a situation, the
Mayor, or Council Member who the Mayor is accommodating, shall be
responsible for providing a Mayor or Council Report. (Reno. 11-11)
Additionally, an individual Council Member may place an urgency item on an
. agenda with a minimum of 72 hours legal notice and a memorandum from the
Council Member to the Council and staff setting forth the substantive issues of the
item. For purposes of this paragraph, urgency shall arise in those limited
(Updated on 64-N I 143) 9
situations where an item requires immediate action, and the need to take
immediate action came to the attention of the Council Member subsequent to the
distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of
duties and responsibilities, shall be timely placed on the City Council agenda by
staff, who shall comply with the City's approved Council Agenda Preparation
Policy. In the event that an advisory body desires to bring a matter of special
consideration to the City Council (new ideas or concerns, for example), it may
request that an item be placed on a future agenda by submitting a written request
to the Council approved by a majority of the advisory body members and signed
by the Chair. During Declaration of Future Agenda Items, any member of the
Council may ask for consideration of the request and upon a majority of Council,
a staff report will be prepared and approved by the City Manager or his/her
designee. (Reso 19-13), (part)
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during
the Public Comment period at the beginning of every Council meeting, or via
other communication with Council Members. Any Member of the Council may •
ask for consideration of the request pursuant to those procedures set out in 1.2.2.
1.2.5
Emergency items may be placed on the agenda only in accordance with state law.
Generally, only those matters affecting public health or safety may be considered
emergency in nature. A four -fifths vote of Council is necessary to add an
emergency item.
1.2.6 RECONSIDERATION
Reconsideration of issues previously acted upon is discouraged. However, in
extraordinary situations, a request to reconsider an action taken by the City
Council may be considered. The request must be presented by a Council Member
who voted with the majority at the Council meeting at which the original vote was
taken. The vote may be reconsidered during that meeting, but no later than the
next Council meeting. Debate is limited to the question of whether or not there is
a majority of the Council interested in reconsidering the matter. If a majority of
the council votes to reconsider an action, the matter will be placed on the next or
future agenda. (Reso. 19-13), (part)
(Updated on 6l?/103/143) 10
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1
Establish Quorum and Call to Order
1.2.7.2
Moment of Silence
1.2.7.3
Pledge of Allegiance
1.2.7.4
Closed Session Report
1.2.7.5
Mayor and Council Members Reports, Announcements and
Presentations
1.2.7.6
Public Presentations
1.2.7.7
Public Comment
1.2.7.8
Consent Agenda
1.2.7.9
Public Hearings (shall start no sooner than 7:00 p.m.)
1.2.7.10
Unfinished Business / Second Reading and Adoption of
Ordinances
1.2.7.11
New Business
1.2.7.12
Council Declaration of Future Agenda Items
1.2.7.13
Adjournment
(Reno. 76-08), (part), (Reno. 19-13), (part)
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community
• public interest that appear on a City Council or Planning Commission agenda
where advertising is required by law. Said advertisements shall include location
maps, project descriptions and posting of property, if required, written in plain
English in order to fully inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of
publication shall be reviewed by the City Clerk and will be available to interested
members of the public.
1.3 MEETING PROCEDURES
1.3.1
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council
meetings.
1.3.1.2 In the absence or incapacity of the Mayor, the Viee-Nlayee
Mayor Pro Tempore will serve as Presiding Officer.
1.3.1.3 In the absence of both the Mayor and-Viee-Mayer Mayor Pro
Tempore, a majority of the quorum shall select a temporary
Mayor Pro Tempore pr-e te...shall 1.e sel.,eted ff..._ the ,...,._ m
• to act as Chair for the meeting.
(Updated on 61-XI-W143) 11
1.3.1.4 Seating arrangement of the Council:
The Mayor, with the approval of individual Council Members,
shall establish seating arrangements for regular Council
meetings.
1.3.1.5 Signing of City Documents:
The Mayor, unless unavailable, shall sign all ordinances,
resolutions, contracts and other documents which have been
adopted by the City Council and require an official signature,
except where the City Manager has been authorized by Council
to sign documents. In the event the Mayor is unavailable, the
V4ee Mayor's- Mayor Pro Tempore signature may be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction
of business.
1.3.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor: Is
1.3.3.1.1 A Member of the City Council or staff shall first
address the Mayor and gain recognition.
1.3.3.1.2 Comments and questions should be limited to the
issue before Council.
1.3.3.1.3 Cross -exchange between Council Members and
public should be avoided.
1.3.3.2 Questions to Staff:
A Council Member shall, after recognition by the Presiding
Officer, address questions to the designated staff member.
Council Members are encouraged to provide questions to staff
prior to meetings. (Reno. 19-13), (part)
1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized, a Council Member shall not be
interrupted while speaking except to make a point •
of order or personal privilege.
(Updated on6a-2/103/143) 12
1.3.3.3.2 If a Council Member is called to order while
• speaking, the individual shall cease speaking until
the question of order is determined.
1.3.3.3.3 Upon being recognized by the Mayor, members of
staff shall hold the floor until completion of their
remarks or until recognition is withdrawn by the
Mayor.
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular
subject until every other Council Member has had the
opportunity to speak. Council Members are encouraged to
discuss items during the decision -making process.
1.3.3.5 Tabling Procedure:
The purpose of the Motion to Lay on the Table also known as a
Motion to Table is to enable the City Council, by majority vote
and without debate, to lay a pending question aside temporarily
when something else of immediate urgency has arisen or when
• something else needs to be addressed before consideration of the
pending question is resumed. The Motion shall not be used to
cut off debate and shall only be used when it is necessary to
suspend consideration of a main motion in order to deal with
another matter that has come up unexpectedly and which must be
dealt with before the pending motion can be properly addressed.
(Reno. 19-13), (part)
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7 Rules of Procedure:
The Council shall determine its own rules of procedure.
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the
minutes, he/she should precede the statement with "for the
record," or request the City Clerk to enter it into the record
following the statement.
•
(Updated on 64_?J103/143) 13
1.3.4 PARLIAMENTARY PROCEDURE 0
Those rules in effect according to the City Council policy (State law and Robert's
Rules). The following summarizes the most frequently used actions.
1.3.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and
decorum during all meetings.
1.3.5.1.2 Side conversations, disruptions, interruptions or
delaying efforts are discouraged.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior
will be called to order by the Mayor. If such conduct
continues, the Mayor may call a recess, request the removal of
such person(s) from the Council Chamber, adjourn the
meeting, or take such other appropriate action as permitted by
the Brown Act.
1.3.5.3 Only the City Council, staff, Designated Representatives, and .
those authorized by the Mayor shall be permitted to sit at the '
Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his/her designee shall act as the
Sergeant -at -Arms.
1.3.5.4.2 Any Council Member may request the Mayor to
enforce the rules of protocol. Upon motion and
majority vote, the Mayor shall be required to do so.
1.3.6 VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote. Failure of a
seated Council Member to vote will be construed as an
affirmative vote.
1.3.6.2 No ordinance, resolution or motion shall be passed or become
effective without receiving the affirmative vote of at least three
Members of the Council •
(Updated on 6+2/103/143) 14
. 1.3.6.3 A conflict of interest shall be declared whenever appropriate
and in compliance with State law and the Council Member will
step down, disclose the nature of the conflict of interest, and
shall not make, participate in making, or influence the decision.
1.3.6.4 A vote may be changed by a Council Member only
immediately after the vote announcement by the City Clerk and
prior to the introduction of the next agenda item.
1.3.6.5 The City Clerk shall restate the motion prior to the vote or
request the Mayor or Presiding Officer to restate the motion, if
required for Council or public clarification.
1.3.6.6 Voice voting is the preferred method for recording Council
votes.
1.3.6.7 A roll call vote may be taken at the discretion of the Mayor or
Mayor Pro Tempore. The City Clerk will call the roll for the
roll call vote in the following manner: 1) Maker of the motion;
2) Member who has seconded the motion; 3) Additional
council members in alphabetical order by last name; and, 4)
Mayor last. The City Clerk shall state for the record the name
• of any Council member who is recused or has abstained. (Reno.
19-13), (part)
1.3.6.8 General consent vote may be taken at the discretion of the
Chair, if there are no negative votes or objections by Council
Members.
1.3.6.9 Upon the request of any Member, the ayes and noes shall be
taken and recorded on any vote.
1.3.6.10 The ayes and noes shall be taken upon the passage of all
ordinances and resolutions and entered upon the journal of the
proceedings of the Council.
1.3.6.11 Following the vote the Mayor or Presiding Officer shall
announce whether the questions have been carried or defeated.
1.3.6.12 Tie votes: Should a tie vote occur, the Council is required to
continue the item by majority vote or make motions until an
action receives three affirmative votes.
• 1.3.6.13 The Mayor may publicly explain the effect of the vote for the
audience or may direct a member of the staff to do so.
(Updated on 64-21103/143) 15
1.3.7 PUBLIC COMMENT •
Members of the public may address the City Council in a variety of ways. Written
comments on agenda items are encouraged. As a courtesy to the Council, citizens
are encouraged to present written comments at least one day prior to the meeting.
This provides the Council with a greater opportunity to review and consider issues
and/or concerns expressed in written communications prior to a meeting. Written
material distributed at the meeting will be made a part of the public record. If the
material is too voluminous for Council to review during the meeting or is new
material not previously considered, Council may at its discretion continue the item
to a future meeting. The following are guidelines for providing public comments:
(Reso. 19-13), (part)
1.3.7.1 During Public Comment period, at the beginning of every
meeting, members of the public may address the City Council
on items that are not on the printed agenda. For Consent Items,
Public Hearing Items, and Business Items, the Mayor will
invite comments from the public in support of, or in opposition
to each specific Agenda Item following the staff report and any
questions from Council to Staff. (Reso. 19-13), (part)
1.3.7.2 Individuals desiring to speak shall:
1.3.7.2.1 Address the Council from the podium after giving •
name and city of residence. Speakers shall direct
their comments to the Council, not the audience.
1.3.7.2.2 Limit comments to three (3) minutes or to the
interval specified by the Mayor or Mayor Pro
Tempore. The Mayor or Mayor Pro Tempore with
the majority of Council Members, may reopen
public comment after all have spoken, if necessary
to qualify questions, comments or concerns. A
speaker may not yield their time to another speaker.
(Reso. 19-13)
1.3.7.2.3 Each person addressing the City Council shall do so
in an orderly manner and the Council respectfully
requests that speakers refrain from making
repetitious, slanderous or irrelevant remarks, or
engaging in any other disorderly conduct which
disrupts, disturbs, or otherwise impedes the orderly
conduct of the Council meeting. Any person who
so disrupts the meeting may, at the discretion of the
Mayor or a majority of the City Council, be subject •
to ejection from that meeting. (Reso. 54-03), (part)
(Updated on 642/103/143) 16
. 1.3.7.2.4 Persons addressing the Council shall address the
Council as a whole and shall not engage in a
dialogue with individual Council Members, City
staff or members of the audience. No questions
shall be asked of a Council Member or a member of
City staff without first obtaining permission of the
Mayor. The Mayor shall determine whether, or in
what manner, an answer will be provided. Any
person violating this rule while addressing the
Council shall be called to order by the Mayor.
1.3.7.3 Pursuant to the Brown Act, action may not be taken on issues
not listed on the agenda. Staff may be asked to follow-up on
such items.
1.3.7.4 Applicants or Applicant Representatives or Appellants
desiring to speak shall:
1.3.7.4.1 Shall be permitted to speak first during the public
comment portion of the public hearing for not more
than ten (10) minutes.
• 1.3.7.4.2 Address the Council from the podium after giving
their name and address, and/or the name and
address of the applicant/appellant they are
representing.
1.3.7.5 Council Members actions
1.3.7.5.1 Council Members may question the person
addressing the Council at the conclusion of the
person's continents or upon expiration of the
person's time to speak. Such questions shall be
directed to the person through the Mayor.
1.3.7.5.2 Council Members shall not engage the person
addressing the Council in a dialogue with the City
Council or City staff but shall confine
communication to a question and answer format
conducted through the Mayor.
1.3.7.5.3 If a member of the audience has addressed the
Council on matters which are not on the agenda,
• Council Members shall refrain from extended
discussion of the matter. If a Council Member so
(Updated on 6+2/103/143) 17
wishes, the Council Member may direct the City
Manager to place the matter on the next agenda.
1.3.7.6 After the public hearing is closed, no member of the public
shall be permitted to address the Council or the staff from the
audience, except at the discretion of the Mayor or the majority
of the Council.
1.3.7.7 Upon violation of the rules of order and decorum established in
Section 1.3.2 — 1.3.7 of this Resolution, the procedure to
enforce the rule shall be as follows:
1.3.7.7.1 Warning. The Mayor shall request that a person
who is violating the rules of decorum cease such
conduct. If, after receiving a warning from the
Mayor, the person persists in disturbing the
meeting, the Mayor shall order the person to leave
the City Council meeting. If the person does not
leave the meeting, the Mayor may order any law
enforcement officer who is on duty at the City
Council meeting as sergeant -at -arms to remove the
person from the City Council chambers.
1.3.7.7.2 Removal. Any law enforcement officer who is •
serving as sergeant -at -arms at the City Council
meeting shall carry out the orders and instructions
given by the Mayor for the purpose of maintaining
order and decorum. Upon instruction of the Mayor,
it shall be the duty of the sergeant -at -arms to
remove from the City Council meeting any person
who is disturbing the proceedings of the City
Council.
1.3.7.7.3 Resisting Removal. Any person who resists removal
by the sergeant -at -arms may be charged with a
violation of the rules of order and decorum as well
as any other applicable ordinance or law.
1.3.7.7.4 Motion to Enforce. If the presiding officer of the
City Council fails to enforce the rules of order and
decortun set forth in Section 1.3.2 — 1.3.7, any
Member of the City Council may move to require
the Mayor to do so, and an affirmative vote of a ,
majority of the City Council shall require the Mayor •
to do so, and an affirmative vote of a majority of the
Council may appeal to the entire Council the ruling
(Updated on 64-2/103/143) 18
. of the Mayor that a person be removed from the
meeting, in which event the decision of the Council
majority shall govern and conclusively determine
such question. If the Mayor fails to carry out the
will of the majority of the City Council, the majority
may designate another Member of the City Council
to act as Mayor for the limited purpose of enforcing
the rules of order and decorum established in
Section 1.3.2 - 1.3.7.
1.3.7.7.5 Clearing the Room. If a meeting of the City Council
is disturbed or disrupted in such a manner as to
make infeasible or improbable the restoration of
order, the Mayor or a majority of the City Council
may exercise the authority granted in the California
Government Code section 54957.9 by ordering the
meeting room cleared and continuing in session in
the manner authorized by Section 54957.9 of the
Government Code.
13.8 CONSENT ITEMS
• Consent items are the first items on the agenda. Only items that are routine, relate
to implementation of approved budget items or to City operations, or are second
readings of ordinances, or are items to be later set for public hearing are to be
placed on the Consent Agenda. Items of significant neighborhood or community
public interest should be heard as a Public Hearing or Business item, and not
placed on the Consent Agenda.
1.3.8.1 Minor Questions. A Council Member may ask questions on
any item without it being pulled from the Consent Agenda.
When a Council Member has a minor question for clarification
concerning a consent item that will not involve extended
discussion, the item may be pulled for clarification at the
beginning of the meeting and the questions will be addressed
along with the rest of the Consent Agenda. There should be no
objections at this time. Council Members are encouraged to
seek clarifications prior to the meeting (if at all possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item
simply to register a dissenting vote, a request should be made
that the item be pulled for separate vote without discussion.
Such items will also be handled at the beginning of the meeting
• along with the rest of the Consent Agenda.
(Updated on 6 W103/W) 19
1.3.8.3 Any item may be pulled by a Council Member for discussion. •
A member of the public may request the Council to pull an
item for discussion.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda
unless a majority of the Council chooses another time.
13.9 NOTICED PUBLIC HEARINGS
During the pendency of any Public Hearing that is a quasi-judicial proceeding, no
Council member or Planning Commission member shall engage in an ex parte
communication with any "Interested Party" who intends to influence the decision
of the council or board member in a proceeding unless the council or board
member discloses the ex parte communication in the council or board's record.
"Interested Party" means any individual with an interest in the quasi-judicial
proceeding that is greater than the general interest of the public as a whole. The
term includes, but is not limited to, parties involved in the proceeding, parties that
may be significantly affected by the decision, and nonprofit or public interest
organizations and associations with a special interest in the matter regulated. A
member of the public at large who expresses a casual or general opinion about a
pending proceeding would not necessarily be an "Interested Party." (Reno. 24-07)
Matters which are required to be heard in a noticed Public Hearing shall be
conducted in the following manner:
1.3.9.1 Time for Consideration. Matters noticed to be heard by the
City Council shall commence no earlier than the time specified
in the notice of hearing, or as soon thereafter as is reasonably
possible, and shall continue until the same has been completed
or until other disposition of the matter has been made.
1.3.9.2 Continuance of Hearing. Any hearing being held or noticed or
ordered to be held by the City Council may, by order or notice
of continuance, be continued or re -continued to any subsequent
meeting.
1.3.9.3 Conduct of Hearings. When a matter for Public Hearing comes
before the City Council, the presiding officer shall open the
public hearing and;
1.3.9.3.1 Call for a report on noticing from the City Clerk.
1.3.9.3.2 Call for a report on written communications
received by the City pertaining to the item being •
heard.
(Updated on 64-2/103/143) 20
• 1.3.9.3.3 Request that staff present the staff report and any
other relevant evidence. Presentation of the staff
report prior to the formal opening of the Public
Hearing shall not prevent its consideration as
evidence. Any such evidence shall be made a part
of the record of the Public Hearing.
1.3.9.3.4 The Mayor shall then recognize the proponents or
appellants in the cause, who shall be permitted 5
minutes to present evidence related to the matter
under consideration.
1.3.9.3.5 The Mayor shall then recognize members of the
public. No person may speak without first being
recognized by the Mayor. Members of the City
Council who wish to ask questions of the speakers
or each other during the Public Hearing may do so.
Members should be mindful that the purpose of the
Public Hearing is to obtain testimony, and not to
debate the merits of the item under consideration.
Members should avoid debate and expressions of
personal opinion until after the close of the public
• testimony portion of the Public Hearing. The
Presiding Officer shall conduct the hearing in such a
manner as to afford due process to all affected
persons. For Public Hearings, when 10 or more
members of the public desire to speak, the Mayor or
Mayor Pro Tempore may require speaker slips be
completed and delivered to the Clerk before the
item is considered. Comments from the public shall
be limited to three (3) minutes per speaker for
Public Hearings, unless the City Council
affirmatively decides otherwise. For Public
Hearings that have the potential to be appealed to
the California Coastal Commission, members of the
public who desire to receive notice of any further
proceedings shall write their name and address on
the interested parties list at the back of the room.
(Reno. 37-04) (Reno. 50-07), (part)
1.3.9.3.6 The Mayor shall then close the public testimony
portion of the Public Hearing. Council Members
may still, however, ask questions of staff or
members of the public. Upon conclusion of
is Council deliberations and immediately prior to a
motion, the Mayor shall formally close the public
(Updated on 612/l 113/143) 21
hearing. Upon formal closing of the public hearing, •
no additional public testimony shall be solicited or
received without reopening the hearing.
1.3.9.4 Evidence. All persons interested in the matter being heard by
the City Council shall be entitled to submit written evidence or
remarks, as well as other graphic evidence. All such evidence
presented shall be retained by the City Clerk as part of the
Clerk's record. Prior to declaring the public hearing open, the
Mayor may establish a time limit for the entire public hearing,
or establish time limits for the presentation of each individual
speaker.
1.3.10 CLOSED SESSION MEETINGS (closed to the public)
1.3.10.1 Closed Session Meetings may be called by the majority of the
Council and are regulated pursuant to the Brown Act. The most
common purpose of a closed session is to avoid revealing
confidential information that may, in specified circumstances,
prejudice the legal or negotiating position of the City or
compromise the privacy interests of employees. Closed
sessions should be conducted keeping those narrow purposes in
mind. (Reso. 46-10), (part) •
1.3.10.2 No Member of the Council, employee of the City, or anyone
else present shall disclose to any person the content or
substance of any discussion which takes place in a closed
session unless authorized by a four -fifths vote of the Council.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the Morro Bay City Council is to
enhance the awareness and education of the general public regarding the actions
and deliberations of the City Council.
1.4.1 Coverage of City Council meetings shall be gavel -to -gavel; whether
presented to the public live or taped, Council coverage is not to be
edited or subjected to editorial comment.
1.4.2 All City Council meetings shall be cablecast or taped for broadcast,
except for meetings or portions of meetings which are closed to the
public, or when the majority of the Council directs otherwise.
1.4.3 Cameras used for the gavel -to -gavel coverage shall be operated only by
City employees, firms, or persons authorized by the City.
(Updated on 642/103/143) 22
n
LA
•
1.4.4 Cameras shall be operated so that they are primarily focused on the
officially recognized speaker, and on any visually displayed
information they may be showing.
1.4.5 "Reaction" shots will not be permitted.
1.4.6 The City Clerk's minutes shall remain the official record of Council
proceedings.
(Updated on 64-2/1031143) 23
CHAPTER TWO •
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Pursuant to Morro Bay Municipal Code 2.20.010, compensation for services
rendered in an official capacity shall be provided as follows: Members of the City
Council shall receive $300 per month. Pursuant to Morro Bay Municipal Code
2.20.015, the Mayor will receive an additional $200 per month beyond the
compensation paid to Council Members.
2.2 RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE
The Mayor and Council Members are required to participate in P.A.R.S.
retirement. The City shall pay a contribution to P.A.R.S. equal to 1% of salary.
The City shall pay, in full, the cost of the Mayor's and Council Members'
participation in lowest cost HMO or PPO medical plan (self -only), dental, vision,
and life insurance. (Reso. 28-10), (part) (Reso. 53-13)
2.3 PROFESSIONAL DEVELOPMENT •
The Mayor and each Council Member shall be reimbursed for normal and
customary business expenses as follows:
2.3.1 BUSINESS TRAVEL EXPENSE AND CONFERENCE
REGISTRATION
The Mayor and each Council Member shall be reimbursed for normal and
incidental expenses and for costs of professional development and educational
conferences designed to improve understanding of and proficiency in municipal
affairs. Such reimbursement shall be for out -of -county expenses only and shall be
reimbursed in accordance with accepted City Travel Guidelines.
2.3.1.1. Authorized Expenses. City funds, equipment, supplies
(including letter head), titles, and staff time must only be used
for authorized City business. Expenses incurred in connection
with the following types of activities generally constitute
authorized expenses, as long as the other requirements of this
section are met:
• Communicating with representatives of regional, state and •
national government on City -adopted positions.
(Updated on 64-2/103/143) 24
. • Attending educational seminars designed to improve
official's skill and information levels.
• Participating in regional, state and national organizations
whose activities affect the City's interests.
• Recognizing service to the City (i.e. thanking a longtime
employee with a retirement gift or celebration of nominal
value and cost).
• Meetings such as those listed above for which a meeting
stipend is expressly authorized under this section.
All other expenditures require prior approval by the City
Council, including international and out of state travel.
(Reso. 11-10)
2.3.1.2. Expenses Not Eligible for Reimbursement.
• The personal portion of any trip.
• Political or charitable contributions or events.
• Family expenses, including partner's expenses, when
accompanying official on City -related business.
• Entertainment expenses, including theater, movies, sporting
• events (including gym, massage and/or golf related
expenses) or other cultural events.
• Alcohol/personal bar expenses.
• Non -mileage personal automobile expenses, including
repairs, traffic citations, insurance or gasoline.
• Personal losses incurred while on City business.
(Reso. 1140)
•
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
The Mayor and each Council Member shall be reimbursed as follows:
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business, Mayor and Council
Members shall be reimbursed for in -county expenses including meals, tickets,
periodicals, dues, subscriptions, and similar miscellaneous expenses.
2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be
made upon submittal of an official mileage expense form.
(Updated on 6 -2/I 3/143) 25
2.4.3 TRANSPORTATION •
If trip arrangements are made, as a convenience, for spouse or family members,
reimbursement to the City for any advanced expenses should be received by the
City prior to the trip. When attending conferences or meetings that are of such
distances that is more economical to take commercial transportation, if an official
proposes to drive his/her car in those cases, commercial air fare will be paid and
not automobile mileage. Government and group rates must be used when
available. (Reso. 11-10)
2.4.3.1. Airfares that are reasonable and economical shall be eligible for
purposes of reimbursement. (Reso. 11-10)
2.4.3.2. Automobile mileage is reimbursed at IRS rates in effect at the
time of travel. These rates are designed to compensate the
driver for gasoline, insurance, maintenance, and other expenses
associated with operating the vehicle. This amount does not
include bridge and road tolls which are also reimbursable.
(Reso. II-10)
2.4.3.3. Car Rental rates that are reasonable and economical shall be
eligible for purposes of reimbursement. (Reso. 11-10)
2.4.3.4 Taxi and shuttle fares may be reimbursed, including a 15% •
gratuity per fare, when the cost of such fares is equal or less
than the cost of car rentals, gasoline and parking combined, or
when such transportation is necessary for time -efficiency.
(Reso. 11-10)
2.4.4 LODGING
Lodging expenses will be reimbursed or paid for when travel on official City
business reasonably requires an overnight stay. If such lodging is in connection
with a conference, lodging expenses must not exceed the group rate published by
the conference sponsor for the meeting in question if such rates are available at
the time of booking. Travelers must request government rates, when available. If
the group rate is not available, reimbursement at the IRS rate in effect at the time
of travel shall apply (IRS Publication 463). (Reso. I I A 0)
2.4.5 MEALS
A local expense reimbursement policy identifying a "per diem" of reasonable rates
for meals is not adopted. Receipts for expenses for meals shall be required.
Actual expenses shall be reimbursed subject to the maximum per diem for the •
mean as set by the IRS rate in effect at the time of travel. (Cal. Gov't. Code
(Updated on 642/103/143) 26
53232.2) and Publication 1542 at www.irs.gov or www.pglicyworks.gov/ per
• diem.) The City will not pay for alcohoVpersonal bar expenses. (Reno. 11-10)
2.4.6 MISCELLANEOUS EXPENSES
Officials will be reimbursed for actual telephone, fax, and parking expenses
incurred on City business. Telephone bill should identify which calls were made
on City business. (Reno. 11-10)
2.4.7 CASH ADVANCE POLICY
From time to time, it may be necessary for an official to request a cash advance to
cover anticipated expenses while traveling or doing business on the City's behalf.
Such request for an advance should be submitted to the City Manager ten working
days prior to the need for the advance with the following information:
1. The purpose of the expenditures
2. The benefits of such expenditures to the residents of the City.
3. The anticipated amount of the expenditures(s) (for example, hotel
rates, meal costs, and transportation expenses).
4. The dates of the expenditure.
• Any unused advance must be returned to the City within five working days of the
official's return, along with an expense report and receipts documenting how the
advance was used. In the event the City Manager is uncertain as to whether a
request complies with this policy, such individual must seek resolution from the
City Council. (Reno. 11-10)
2.4.8 CREDIT CARD USE POLICY
The City issues credit cards to individual office holders for selected City
expenses. City office holders may use the City's credit card for such purposes as
airline tickets, hotel reservations and/or meals by following the said procedures
for cash advances. Receipts documenting expenses incurred on the City credit
card and compliance with this section must be submitted within thirty working
days of use. Credit cards may not be used for personal expenses, even if the
official subsequently reimburses the City. (Reso. 11-10)
2.4.9 EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES
All cash advance expenditures, credit card expenses and expense reimbursement
requests must be submitted on an expense report form provided by the City. This
form shall include the following advisory:
• "All expenses reported on this form must comply with the City's
policies relating to expenses and use of public resources. The
(Updated on 642/103/143) 27
information submitted on this form is a public record. Penalties for •
misusing public resources and violating the City's policies include
loss of reimbursement privileges, restitution, civil and criminal
penalties as well as additional income tax liability. "
Expense reports must document that the expense in question met the requirements
of this Policy. Officials must submit their expense reports within thirty calendar
days of an expense being incurred, accompanied by receipts documenting each
expense. Restaurant receipts, in addition to any credit card receipts, are also part
of the necessary documentation.
Inability to provide such documentation within 30 calendar days of travel may
result in the expense being home by the official.
In the event the official does not attend the trip and non-refundable expenses have
been incurred for registration, lodging and/or travel, the non -attending official
shall submit a written explanation of the reasons for non-attendance to the City
Manager. The City Manager shall determine if the public funds advanced must be
reimbursed to the City. Any decision of the City Manager may be appealed to the
City Council. (Reno. 11-10)
2.4.10 REPORTS TO CITY COUNCIL
At the next regular City Council meeting, each official shall briefly report on the •
meetings attended at City expense. If multiple officials attended, a joint report
may be made. (Reso. I IA0)
2A.11 COMPLIANCE WITH LAWS: VIOLATION
City officials should keep in mind that some expenditures may be subject to
reporting under the Political Reform Act and other laws. All City expenditures
are public records subject to disclosure under the Public Reports Act and other
applicable laws. Use of public resources or falsifying expense reports is a
violation of this Policy and may result in any or all of the following: 1) loss of
reimbursement privileges, 2) a demand for restitution to the City, 3) the City's
reporting the expenses as income to the elected official to state and federal tax
authorities, 4) civil penalties of up to $1,000 per day and three times the value of
the resources used, and 5) prosecution for misuse of public resources. (Reso. 1I-
10)
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to
ensure that expenditures and reimbursements are in compliance with approved •
budget allocations. The Mayor and each Council Member is expected to plan
business activities so as to stay within budget. When exceptional circumstances
(Updated on 6+2/]03/143) 28
• require that additional amounts be allocated to accounts, formal Council action
shall be required.
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all
expenditures charged to the individual Council Member or Mayor. Receipts shall
be submitted within the fiscal year. The Council budget shall be available for
public review in the City Clerk's Office and the Mayor and Council Members
shall receive periodic statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non -local
professional development and conferences. These guidelines include all non -local
official meals, tuition or fees, transportation to meeting sites, materials and
telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City
Council to represent the City at special meetings, reimbursement shall be made
• from the appropriate Travel Expense Account.
2.5.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his/her
participation in a meeting or conference, the amount of the honorarium shall be
deducted from the amount normally provided by the City for that meeting or
conference if the City paid for the Council Member's attendance at such meeting
or conference.
2.5.5
Any other travel -related issue not specifically governed in this resolution shall be
adjudicated in accordance with the City of Morro Bay Travel Expense
Reimbursement Policy.
2.6 COUNCIL COMPENSATION COMMITTEE
A five -member review committee may be appointed by January 31, in
even -numbered years and shall bring its proposed recommendations in resolution
form to the City Council within 90 days, or no later than May 1st. (Reso. 11-10),
(Updated on 64-2J104/143) 29
2.6.1 MEMBERSHIP .
The committee membership shall have as broad a representation as possible,
including but not limited to, two former elected officials who are not currently
serving on the Council, and one citizen -at -large.
2.6.2
The committee shall review the full Council compensation package including
salary, benefits, expense reimbursement, professional development allowances
and any other compensation provided the City Council. Review should include,
but shall not be limited to: 1) compensation of Council and Mayors of cities of
similar population and/or budget size; 2) compensation practices of both Charter
and General Law cities; 3) Government Code provisions for General Law cities;
and 4) Council and Mayor responsibilities in Morro Bay at the time of the
committee's review; and, 5) any structural changes that may have occurred in
municipal government either as a result of State legislation or by actions of the
local electorate that may have added to or deducted from the duties and
responsibilities of the Council Members and/or Mayor.
•
r�
U
(Updated on64-2/103/143) 30
• CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform
such other duties consistent with the office as may be imposed by the
Council or by vote of the people. The Mayor shall be entitled to, and must
vote when present, but shall possess no veto power.
3.1.2 The Mayor shall be recognized as the official head of the City for all
ceremonial purposes.
3.1.3 The Mayor may order flags flown on City property to be lowered to half-
staff in mourning for any member of the community designated to have
made significant contributions to the City of Morro Bay, in accordance
with recognized customs or practices not inconsistent with State and
Federal law.
3.1.4 The Mayor shall exercise such other powers and perform such other duties
as may be prescribed by law or ordinance or by resolution of the Council,
• except as limited by law.
3.2 APPOINTMENT OF VIGE-MAYOR PRO TEMPORE
The appointment of the Viee-Mayor Pro Tempore shall be for a one-year term and
shall be made at the first meeting in December. For appointment as Viee Mayor
Pro Tempore, a Council Member must be on the Council at least one year. Of
those who have been on the Council for at least one year, the Council Member
who has not yet held the position shall be appointed Viee Mayor Pro Tempore. If
there are two Council Members who have not yet held the position, the Council
Member receiving the highest number of votes in the most recent election shall be
appointed Viee-Mayor Pro Tempore. If all have held the position, the Council
Member who has held it the least number of times shall be appointed Viee Mayor.
If all Council Members have held it for the same number of years, the Council
Member for whom it has been the longest period of time since holding the
position shall be appointed Viee Mayor Pro TemWre. (Reso. 76-08), (part)
33 FILLING COUNCIL VACANCIES
33.1 SPECIAL ELECTION
• Measure "R" codified as Ordinance 527 requires the City Council to
immediately call a special election to fill any vacant seat on the Council,
including the Mayor's seat. The special election shall be held on the next
(Updated on 6+-2/103/143) 31
established election date, as specified in California Elections Code, which •
is not less than 114 days from the call of the special election. The City
Council may appoint an elector who is a registered voter in the City of
Mono Bay to fill such vacancy prior to the special election. The appointee
shall hold office only until the date of said special election. (Reso. 76-08)
3.3.2 LIMITATION OF COUNCILMEMBER WHO RUNS FOR MAYOR
BEFORE COMPLETING REGULAR TERM
A sitting Council Member is disqualified from nomination for election to
the office of Mayor in the next election if the remainder of their Council
term after the next election cannot be filled by a vote of the electors on or
prior to that election date. (Reso. 76-08)
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions of law and the delegation of power to any person,
officer, Board, or Commission, the Council shall have the power in the name of
the City, to do and perform all acts and things appropriate to a municipal
corporation and the general welfare of its inhabitants and that are not specifically
forbidden by the Constitution and laws of the State of California.
3.5 ADMINISTERING OATHS: SUBPOENAS •
Each Member of the Council shall have the power to administer oaths and
affirmations in any investigation or proceeding pending before the Council. The
Council shall have the power and authority to compel the attendance of witnesses,
to examine them under oath and compel the production of evidence before it.
Subpoenas may be issued in the name of the City and be attested by the City
Clerk. Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as
provided by the general laws of the State.
3.6 LIMITATIONS
No Member of the Council shall be appointed to or serve as a voting Member of
any City Board, Committee, or Authority, whether composed of citizen volun-
teers, City employees, or a combination of both. This is not to be construed as
prohibiting Members of the Council from serving on Committees or Subcom-
mittees of the Council itself, or of agencies representing other local, state or
federal government.
3.7 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or •
oral motion duly made and passed.
(Updated on 6421103/143) 32
Ordinances shall become a part of the Municipal Code and so remain until
• amended or voided. All municipal laws relating to taxation or to possible
criminal action against an offender shall be in the fort of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office of the
City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special
meeting of the Council.
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with relevant
state law. Ordinances not legally required to have a public hearing shall be set for
a public hearing if the subject matter is controversial or of a special nature. In
addition, a majority of the City Council may direct that the consideration of an
ordinance will be set for public hearing.
No ordinance, resolution or motion shall be passed or become effective without
receiving the affirmative vote of at least three Members of the Council.
3.9 ACCEPTANCE OF GRANTS OR DEEDS
• The Mayor and Viee-Mayor Pro Tempoof the City of Morro Bay are hereby
authorized to accept and consent to the recording of any deed or grant conveying
any interest in or easement upon real property to the City of Morro Bay.
3.10 LEGISLATIVE ACTION PROGRAM
The City has a legislative program to strengthen local government, promote City
goals, and defend the City against legislative actions by state and federal
governments that would weaken local government or take away traditional
revenue sources. In order to respond promptly and proactively to fast -paced
legislative changes, City staff is authorized to take positions on legislation
provided the positions are consistent with the Legislative Actions of the City
Council, and/or resolutions or recommendations of the League of California
Cities.
3.11 ANIICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases
of statewide significance to cities. Because of the often short time limits for filing
amicus curiae briefs, the City Attorney is authorized to participate in such briefs,
at no cost to the City, if the Legal Advisory Committee of the League of
isCalifornia Cities has urged participation.
(Updated on 6t-N103/143) 33
CHAPTER FOUR •
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph
M. Brown Act, State Government Code Sections 54950 et sec. The intent of the
Act is to ensure that deliberations and actions of local public agencies are
conducted in open and public meetings. The law provides for misdemeanor
penalties for Members of a board who violate the Act (GC a 54959). In addition,
violations are subject to civil action (GC a 54960). A current copy of the Act will
be provided to all Council Members assuming office, but the provisions that most
directly affect the Council are summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC a
54952.2)
4.2.2 MEETINGS •
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more)
Members are present and information about the business of the
board is received; discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any Member of Council
contacts more than one other Council Member for the purpose
of deliberating or acting upon an item pending before the City
Council (does not apply to the public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is
acceptable. (GC a 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting
and must meet various requirements. (GC a 54954.2)
•
(Updated on 642/103/143) 34
. 4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda.
Exceptions:
4.2.4.1 An emergency situation exists, (determined by a majority of the
Council.)
4.2.4.2 That the need to take action arose subsequent to the agenda
being posted (determined by 4/5 of the Council; or if less than
4/5 are present, by unanimous vote.)
4.2.4.3 The item was continued to another meeting that was scheduled
and posted within five days of the original agenda. (GC ❑
54954.2)
4.25 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the
public that is within the jurisdiction of the Council. The City has the right to
establish time limits on speakers and the total time allocated for a particular issue.
(GC ❑ 54954.3)
• 4.2.6 PUBLIC DISRUPTIONS
A portion or all of the public may be removed if willful disruption makes
conducting the meeting "unfeasible"; the press may remain unless they participate
in the disruption. (GC ❑ 54957.9)
4.2.7
All writings distributed for discussion or consideration at a public meeting are
public records. (GC ❑ 54957.5) The public is encouraged to submit written
material regarding agendized items to the City Clerk a week prior to the Council
meeting so that it may be included in the public packet. Written material
distributed at the meeting will be made a part of the public record. If the material
is too voluminous for Council to review during the meeting or is new material not
previously considered, Council may at its discretion continue the item to a future
meeting.
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real
• property with the City's negotiator; the real property and the
person(s) with whom the City may negotiate must be
announced in open session prior to the closed session. (GC ❑
(Updated on 642/103/143) 35
4.3
4.4
4.5
54956.8). All Real Property transactions shall be held in closed •
session prior to final decision in open session and Council shall
be provided with a copy of the draft real property agreement.
(Reso. 46-10), (part)
4.2.8.2 Litigation pending or a significant exposure to litigation, or the
decision to initiate litigation; the litigation or title must be
identified in open session prior to the closed session unless the
Council states that to do so would jeopardize its ability to
conclude existing settlement negotiation or effectuate service
of process. (GC n 54956.9)
4.2.8.3 Compensation (salaries and benefits) of employees; to review
its position and instruct designated representatives. (GC n
54957.6)
4.2.8.4 Personnel. The appointment, employment, evaluation of
performance, or dismissal, of a public employee, or to hear
complaint against the employee, unless the employee requests a
public hearing. (GC n 549576)
SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with •
strict notification requirements delivered to the media and Council 24 hours
before the time of the meeting. (GC c 54956)
Emergency meetings may be called without the normal 24 hour notice and posting
requirements if prompt action is required due to the disruption or threatened
disruption of public facilities. Only work stoppages, crippling disasters or other
activities that severely impair the public health and/or safety qualify for
emergency meetings. (GC ❑ 54956.5.)
ELECTRONIC MAIL (EMAIL). THE PUBLIC RECORDS ACT AND THE
BROWN ACT
City email is no less a part of `official city business" than any other written
correspondence, and there is no expectation of privacy for city email messages.
Good judgment and common sense should therefore prevail at all times regarding
its appropriate use.
City email is subject to disclosure under the Public Records Act and is subject to •
the requirements of the Brown Act. While the Brown Act does not prohibit the
use of email to make individual contacts between Members of the Council, or the
(Updated on 6Q/143/143) 36
• public or staff, great care should be taken to avoid the use of email to contact a
majority of the Council, either individually or serially, "in a connected plan to
engage in collective deliberation on public business."
City email should not be used in any case where a record of any event, occurrence
or statement is required or intended to be retained by the City in the ordinary
course of business. City emails are intended to fulfill the same general function as
ordinary daily verbal communications among City Council and City staff and are
considered "transitory" documents (work -in -progress), and therefore are not
subject to records retention requirements. For file management and storage
purposes, City email messages should only be retained for as long as needed. In
most instances this means deleting messages as you have read them, and shortly
after you have sent them. (Reno. 42-05) (Reso. 64-12), (part)
If an email message, including any attachments thereto, is considered an official
city record, such emails should be printed as a hard copy and filed in accordance
with the city's records retention policy. Generally, the sender of the email should
be the person responsible for printing and filing it accordingly, but persons
responsible for a particular program or project file shall be responsible for
retaining all -e—mail they send or receive related to that program or project. (Reno.
42-05)
• It is the responsibility of individual City Council Members, employees and their
department heads to determine if email is an official city record that must be
retained in accordance with the city's record retention policy. The city attorney
will assist you in making such a determination. You should keep in mind,
however, that preliminary drafts, notes or interagency or intra-agency memoranda
that are not retained by the city in the ordinary course of business are generally not
considered to be official city records subject to disclosure. City Council Members
and employees are encouraged to delete documents that are not otherwise required
to be kept by law or whose preservation is not necessary or convenient to the
discharge of your duties or the conduct of the city's business. (Reso. 42-05) (Reso.
64-12), (part)
Periodically, the city receives requests for inspection or production of documents
pursuant to the Public Records Act, as well as demands by subpoena or court
order for such documents. In the event such a request or demand is made for e-
mail, the City Council Members or employees having control over such e-mail,
once they become aware of the request or demand, shall use their best efforts, by
any reasonable means available, to temporarily preserve any e-mail that is in
existence until it is determined whether such e-mail is subject to preservation,
public inspection or disclosure. The city clerk shall be contacted regarding any
such emails within the City Council member or employee's control. (Reno. 42-05)
• (Reso. 64-12), (part)
(Updated on 6+?J103/143) 37
4.6
The Act provides many other restrictions and requirements; this chapter is
intended merely as a Council summary and overview of the Act, and nothing in
this Chapter supersedes the provisions of the Brown Act. Since State law
constantly changes, it is important to ensure you have the latest information.
Please check with the City Attorney and/or the City Clerk for more information.
•
•
•
(Updated on 64-2/103/143) 38
• CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence,
or otherwise guide and direct staff actions, decisions, recommendations,
workloads and schedules, departmental priorities, and the conduct of City
business.
This chapter addresses the relationship and conduct between Council Members
and staff with the intent of the Council to: 1) affirm that governing shall be by
will of the collective Council, and 2) establish guidelines for Council and staff to
ensure orderly, consistent and open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Council shall recognize that the primary functions of staff are to execute
Council policy and actions taken by the Council, and to keep the Council
informed.
• 5.2.1 REQUESTS FOR INFORMATION
Individual Council Members as well as the Council as a whole shall be permitted
complete freedom of access to any information requested of staff, and shall
receive the full cooperation and candor of staff in being provided with any
requested information.
Council Members shall make routine requests for information through the
appropriate department head. Complex or comprehensive requests for
information shall be made through the City Manager.
5.2.2 DIRECTION TO STAFF
Generally, Council Members shall make requests for work to be done through the
City Manager. Individual Members of the Council shall make no attempt to
pressure or influence staff decisions. recommendations, workloads, and schedules,
and departmental priorities without the prior knowledge and approval of the
Council as a whole.
5.3 GUIDELINES FOR STAFF
• Staff shall recognize that its primary function is to execute Council policy and to
keep the Council informed. Staff shall present the Council with all relevant
(Updated on 6-NI03/143) 39
information, as well as alternatives, in an objective, succinct manner. The City •
Manager and staff are committed to treating each Council Member equally.
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to
all requests made by individual Council Members for information or assistance,
provided that, in the judgment of the City Manager the request is not of a
magnitude, either in terms of workload or policy, which would require that it more
appropriately be assigned to staff through the collective direction of the City
Council. In terms of making this judgment, the following guidelines should be
considered: The request should be specific and limited in scope so that staff can
respond without altering other priorities and with only minimal delay to other
assignments; the request should only impose a 'one-time" work requirement, as
opposed to an on -going work requirement; the response to the request should not
require a significant allocation of staff resources (generally defined as consisting
of more than one staff person, or a single staff person working on the issue in
excess of 1-2 hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole
or from the appropriate management superiors as may be the case. Staff is •
directed to reject any attempts by individual Members of the Council to unduly
influence or otherwise pressure them into making, changing or otherwise
suppressing staff decisions or recommendations, or changing departmental work
schedules and priorities. Staff shall report such attempts to influence them in
confidence to the City Manager, who may inform the Council as a whole of such
attempts.
53.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a
Council Member designated by the City Council to represent the City in an
intergovernmental role (e.g., Membership on Joint Powers Authority), or relative
to a special assignment (e.g., a special task force).
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves
written material that may be of interest to other Council Members, the City
Manager will provide copies of the material to all other Council Members. In
making this judgment, the City Manager will consider whether the information is
significant or new or otherwise not available to the Council or of interest to the
Council. •
(Updated on 64-2/103/143) 40
• 53.5 SIGNIFICANT INFORMATION
Any information, service -related needs, or policy positions perceived as necessary
by individual Council Members, which cannot be fulfilled per the above
guidelines, should be raised by the individual Council Member under the
"Declaration of Future Agenda Items" category of a regularly scheduled City
Council meeting. If so directed by the collective action of the Council, then staff
will proceed to complete the work within Council established deadlines.
5.4 USE OF CITY LETTERHEAD
Staff will not prepare correspondence representing a Councilmember's personal
point of view or a dissenting point of view from an official City policy or Council
position. If Councilmembers use their title, position, or City letterhead to express
a personal opinion, the letter shall state "I am writing this letter on behalf of
myself' and, the official City position must also be stated clearly so the audience
understands the difference/relationship between the official City position and the
viewpoint of the Councilmember. If a letter is written on behalf of the majority of
the City Council, the letter shall state "I am writing this letter on behalf of the City
Council". A copy of any and all correspondence developed by or for a
Councilmember on City letterhead shall be provided to the City Manager and the
rest of the City Council. (Reno. 50-07), (Reno. 11-10), (part)
• 5.5 INPUT ON HIRING AND EVALUATION OF DEPARTMENT HEADS
5.5.1 11HUNG
In an outside recruitment situation where the City Manager is hiring a Department
Head, the City Council, as a group will be invited to an informal social setting,
such as lunch, to meet the top candidates for the position. Following the event,
Council members will provide the City Manager with any comments regarding the
candidates prior to the final decision of the City Manager. (Reso. 46-10)
In an internal recruitment situation, the City Manager will provide the hiring plan
to the City Council in a closed session, and Council members will have an
opportunity for comments, prior to final hiring. (Reno. 46-10)
5.5.2 INPUT ON EVALUATION OF DEPARTMENT HEADS
Prior to the City Manager's completion of the annual evaluation of each
Department Head (usually in December of each year), the City Council will be
asked to submit in writing, that will remain confidential, any comments they
would like the City Manager to consider in regard to the performance of the
• Department Head. (Reso. 46-10)
(Updated on 64-2/103/143) 41
CHAPTER SIX •
ADVISORY BOARD PROCEDURES
6.1 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or
regional committees and boards. One Member of the Council shall serve as a
voting representative and one Member shall serve as alternate. (See 6.5 for
appointment procedures). To the best of their ability, Voting Delegates shall
reflect the majority view of the Council as a whole, rather than their own personal
opinions.
6.2 OTHER COUNCIL REPRESENTATION. SUBCOMMITTEES
6.2.1 COUNCIL LIAISON ASSIGNMENTS
The City Council shall assign a Council liaison to each of the following advisory
boards: Recreation & Parks Commission, Harbor Advisory Board, Public Works
Advisory Board, , and Tourism Business Improvement District Advisory Board.
(Reso. 46-10), (part)
The purpose of the liaison assignment is to facilitate communication between the •
City Council and the advisory body. The liaison also helps to increase the
Council's familiarity with the membership, programs and issues of the advisory
body. In fulfilling their liaison assignment, members should either attend
advisory body meetings or watch the meeting broadcasts and maintain
communication with the advisory body on a regular basis. (Reso. 46-10)
Members should be sensitive to the fact that they are not participating members of
the advisory body, but are there rather to create a linkage between the City
Council and the advisory body. In interacting with advisory bodies, Council
Members are to reflect the views of the Council as a body. Being an advisory
body liaison bestows no special right with respect to advisory body business.
(Reso. 46-10)
6.2.2 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address
areas of concern and/or study.
(Updated on 64-2/103/143) 42
• 63 ROLE OF ADVISORY BOARD MEMBERS AT COUNCIL MEETINGS
63.1 INTENT
To honor advisory board deliberations, views and positions on issues before
Council; enhance communications between Council and their advisory bodies;
and allow participation and input by advisory board members.
63.2 COUNCIL AGENDA REPORTS
6.3.2.1 Recommendation Differences. For those rare occasions when
the City Manager recommendation differs from an advisory
board recommendation, the difference should be clearly noted.
633 COUNCIL MEETINGS
6.3.3.1 Members of an advisory board are free to appear and give
testimony before Council using the public microphone, after
identifying whether they are speaking as a representative of the
advisory board or as a private citizen.
• 6.3.3.2 Reports to Council must be in written form.
6.3.3.3 Advisory boards will provide quarterly written or oral reports
to the City Council on a rotating member basis. (Reso. 46-10)
6.4 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory
bodies do not have supervisory authority over City employees. While they may
work closely with advisory bodies, staff members remain responsible to their
immediate supervisors and ultimately to the City Manager and Council. The
members are responsible for the functions of the advisory board and the
chairperson is responsible for committee compliance with applicable policies and
procedures.
Staff support includes preparation of a summary agenda in conjunction with the
Chairperson, and preparation of agenda reports providing a brief background of
the issue, a list of alternatives, recommendations, and appropriate backup
material, if necessary. Members of advisory bodies are volunteers and should be
treated with respect and courtesy. Advisory board members should have
sufficient information to reach decisions based upon a clear explanation of the
• issues within their charge. Sometimes members of advisory bodies may request
information not related to their area of service. Staff members should in this case
provide the same level of information and assistance as would be accorded any
(Updated on 6421103/ 143) 43
citizen. If in the judgment of staff the request goes beyond that standard, the
matter will be turned over to the City Manager. A staff person will be assigned to
serve as Secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate with the City Council
do so through adopted or approved Council agenda procedures. Staff members
shall assist the advising board to insure appropriate review and that City and State
legislation is complied with.
6.5 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to
appointment of volunteer citizens to the various advisory bodies of the City.
6.5.1 PURPOSE
The purpose of establishing these procedures shall be to insure that well -qualified,
responsible and willing citizens are given the opportunity to serve the City and
participate in the governing of their community. These procedures will apply to
all appointments and reappointments to standing advisory bodies.
6.6 PROCESS
6.6.1 QUALIFICATIONS
6.6.1.1 The applicant must be a resident and registered voter of the
City at the time and during the entire term of appointment,
unless excepted by State law or Council approved special
requirements in advisory committee by-laws.
6.6.1.2.1 The applicant must be at least 18 years of age at the
time of appointment.
6.6.1.2.2 Elected Officials, Officers and Employees of the
City of Morro Bay shall not be considered for
appointment.
6.6.2 TERMS
U
6.6.2.1 The term of office for each appointee to an advisory board shall
be a maximum of four years unless excepted by State law or
Council approved special requirements in advisory committee
by-laws. The terms are staggered so that in no event, will all
terms on any committee expire in the same year. Incumbents •
may apply for subsequent terms of service. Terms of Office
will expire on January 31, of the specified year.
(Updated on 6I-3/103/143) 44
• 6.6.2.2 Persons appointed to fill the remainder of a vacated office term
may reapply to serve on the same advisory board.
6.6.2.3 Mid-term appointment to a vacant seat shall not preclude the
appointee from serving additional terms.
6.6.2.4 As a general policy, an applicant shall not be appointed to serve
on more than one advisory board, except that a member may
also serve on one technical or special-purpose committee at the
same time. If appointed to another committee, he/she will be
expected to resign from one board upon being appointed to
another.
6.63 PROCESS
6.6.3.1 Applications are obtained and filed with the City Clerk's
Office.
6.6.3.2 Prior to November 30, of each year, the City Clerk shall advise
the City Council of the terms that are due to expire on each
advisory board. The City Clerk shall also notify each advisory
member whose term is due to expire. Each of these members
• shall be given the opportunity to apply for reappointment.
6.6.3.3 The City Clerk shall then place an advertisement in the local
newspaper, inviting citizens to apply for consideration as an
appointment to an advisory board, with instructions regarding
the application process.
6.6.3.4 It is recommended that applicants attend at least one meeting of
the advisory body applied for prior to the interview with the
City Council.
6.6.3.5 The City Council shall, in a noticed public meeting, interview
qualified applicants. In making appointments, the Council
shall strive for a representative cross-section of both lay and
professional knowledge. The Council will act by separate
motion on each appointment made.
6.6.3.6.1 Applicants not appointed will be advised and their applications
held for up to one year for consideration in the event of a future
vacancy.
• 6.6.3.6.2 Candidates not appearing for interview before the City Council
will be considered for appointment only upon a finding of the
(Updated on 6+3/103/143) 45
City Council by motion that the absence arises from excusable •
neglect.
C
L J
(Updated on 64-2/103/143) 46
® RESOLUTION NO.35-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING A COOPERATION AGREEMENT BETWEEN THE COUNTY OF
SAN LUIS OBISPO AND THE CITY OF MORRO BAY FOR JOINT PARTICIPATION
IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE 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 COUN
C I L 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
Brant 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 Countv submitted to the City a Notice of Opportunity to be included
in Urban County of San Luis Obispo for Purposes of Federal CDBG, HOME. and ESG
Funding in a letter dated May 14, 2014; and
WHEREAS; the County's May 14. 2014 letter states that under HUD regulation; the
City must notify the County in writing whether the City elects to participate in the Urban
County: and
WHEREAS, the City desires to participate jointly with the County in said program: and
WHEREAS. HUD requires that the parties enter into a cooperation agreement to define
their rights and obligations as a prerequisite of participation in the CDBG program: and
WHEREAS. the proposed cooperation agreement is consistent with the General Plan and
with City and County policies encouraging cooperation between agencies on issues of regional
significance such as affordable housing: and
WHEREAS, the proposed cooperation agreement will promote the public health, safety
and welfare by enabling the City and County to participate in the U.S. Department of Housing
and Urban Development's CDBG program under an `Urban County" entitlement; thus making
available funds for a variety of housing, economic development, and public services programs
not otherwise available: and
WHEREAS, the City and County enter into yearly subrecipient agreements which
establish administrative policies and procedures, performance standards. and guidelines for
funding specific CDBG programs and projects: and
WHEREAS, the proposed cooperation agreement is not a "project' for purposes of
compliance with the provisions of the California Environmental Quality Act (CEQA) and the
City's CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, as follows:
1. The City Council hereby approves and authorizes the City. Manager to submit a letter of
intent to participate and also enter into a cooperation agreement with the County to
enable joint participation in HUD's CDBG program.
2. The City Manager 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
is agreement.
and other activities necessary to carry out the intent of the cooperation
agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 10th day of June, 2014 on the following vote:
AYES: Irons. C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
F.VNIUMM
A u�
Jan i Boucher. City Clerk
if L. Irons. NIavor
El
RESOLUTION NO. 34-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
REGARDING THE SITING OF A NEW WATER RECLAMATION FACILITY
AND FORMATION OF A TECHNICAL REVIEW COMMITTEE
THE CITY COUNCIL
Ciry of Morro Bay. California
WHEREAS, the City of Morro Bay has an existing Wastewater Treatment Plant that
requires replacement; and
*VIIEREAS, it has been determined to be in the best interest of Morro Bay to'construct a
new Water Reclamation Facility that complies with the California Coastal Commissions actions
of January 8, 2013; and
WHEREAS, it is in the best financial interest of the community to minimize the major
maintenance and repair costs at the existing wastewater treatment plant; and
WHEREAS. on February 25. 2014. City Council adopted Resolution 17-14 committing to
have a new Water Reclamation Facility operational prior to the expiration of the discharge
permit for the existing wastewater treatment plant, being five years more or less, and
�!1 WHEREAS, on May 0, 2014: the City Council received and reviewed the report from
John F. Rickenbach Consulting regarding recommended Water Reclamation Facility (WRF) sites
and reclamation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro
Bay, California, as follows:
SECTION 1: The City Council provides the following direction to City staff:
A. Begin preliminary discussions with the "Rancho Colina' property owner and regulatory
agencies regarding site of a WRF on that property; and bring back to City Council a draft
Memorandum of Understanding with the property owner that addresses the goals of each
p",, a negotiation timeline and general non -financial terms of the property acquisition.
B. Continue parallel path discussions with County and regulatory staff regarding a WRF at
the California Men's Colony site.
C. Form a WRF Technical Review Committee (TRC) that will be composed of one member
from the Public Works Advisory Board and one member from the Planning Commission
as appointed by each body and five members and rwo alternates to be selected from the
community at -large. Council will appoint the at -large and alternate members using the
same procedures as it uses to appoint to its standing advisory boards.
D. The Citv Council has reviewed the report entitled Neiv Water Reclamation Facility
Project Report on Reclamation and Council Recommended WRF Sites dated May 8,
2014. and will rely on its conclusions and recommendations as this process moves
forward; with the understanding changes to those, and that reliance, may need to happen
alone the way due to more definitive or different information that may become available.
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council; at a
regular meeting held on this 27`h day of May, 2014 by the following vote:
AYES: Irons. C. Johnson, N. Johnson; Leage, Smukler
NOES: None
ABSENT: None
ATTEST:
L�
JamieL8oucher, City Clerk
M
Jai L. Irons. Mayor
® RESOLUTION NO.33-14
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MORRO BAY, CALIFORNIA,
CONTINUING THE PROGRAM AND LEVYING THE ASSESSMENTS FOR THE
2014/15 FISCAL YEAR FOR THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT (MBTBID)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Parking and Business Improvement Area Law of 1989. Section 36500 et
seg., of the California Streets and Highway Code authorizes cities to establish and review business
improvement areas of the purpose of promoting tourism; and
.WHEREAS, on April L3, 2009, the City Council held a public hearing and first reading of
Ordinance 546 to establish the Morro Bay Tourism Business Improvement District (MBTBID), and
approved Ordinance 546 at its April 27, 2009 meeting, which set the MBTBID assessments at 3%
from June 1, 2009 to May 31, 2010, and 2% from June 1, 2010 and thereafter; and
WHEREAS, on June 1, 2010, the MBTBID assessments returned to the 2% level, as
established by Ordinance 546: and
® NVIIEREAS, on September 13, 2010, the City Council held a public hearing and first reading
of Ordinance 562 to amend Ordinance 546, changing the assessment percentage to 3%, and approved
Ordinance 562 at its September 27, 2010 meeting; and
WHEREAS, on April 10, 2014, the advisory board requested the renewal of the TBID for
the 2014/15 fiscal year (the sixth year of operation) to continue its activities, and the City Council
has approved this renewal for the past five years; and
WHEREAS, all other findings of Ordinances 546 and 562 remain unchanged; and
WHEREAS, on April 22 and May 13, 2014, staff presented the annual report for the fiscal
year 2012/ 13 (the fourth year of the TBID), the adopted budget for 2011/14, and the budget plan for
2014/15, attached to this Resolution as Exhibit A; and
WHEREAS, the budget plan generally describes the activities to be marketing activities,
which attract and extend overnight stays in Morro Bay hotels, as well as the operation of the Visitors
Center, whose outreach to potential visitors is key; and
WHEREAS, it is the intention of the City Council to leery and collect 3% assessments from
the hoteliers within the TBID for the 2014/15 fiscal year; and
WHEREAS, at the public meeting held on April 22, 20143 City Council additionally set the
public hearing for the intent to levy the TBID assessment for May 13, 2014, at 7:00 p.m., to be held
at the Morro Bay Veterans Memorial Hall located at 209 Surf Street, Morro Bay, California, in
accordance with the California Streets and Highway Code Sections 36534 and 36535: and
WHEREAS, on April 24, 2014, letters were sent to all affected businesses, notifi,ing them of
the public hearing scheduled for May 13, 2014; and
WHEREAS, at the May 13tn hearing, City Council scheduled May 27, 2014, at the Morro
Bay Veterans Memorial Hall located at 209 Surf Street, Morro Bay, California for the final public
hearing to consider testimony for and against renewal of the TBID assessment, in accordance with
the California Streets and Highway Code Sections 36534 and 36535: and
WHEREAS, on May 27, 2014, the City Council conducted the public hearing regarding the
renewal of the TBID for the 2014/1 5 fiscal near, where affected businesses had the opportunity to
protest the TBID renewal, with the following results:
FOR: None
AGAINST: None
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
® 1. The above recitations are true and correct, and incorporated herein by reference.
2. The Ciry Council, having affirmed the annual report and budgets on April 22 and May 13,
2014, at regular meetings, declares the renewal of the Morro Bay Tourism Business
Improvement District for the 2014/15 fiscal year, and instructs the hoteliers to levy and
collect 3% assessments for overnight stays of 30 days or less.
PASSED AND ADOPTED by the City Council of the City of Morro Bav, at a regular
meeting thereof held on the 27" day of May, 2014, by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
JAI L. IRONS. Mayor
JAM BOUCHER. City Clerk
lull
CITY OF MORRO BAY
2014/15 PROPOSED FISCAL BUDGET
i 1 2013/14 I
Revenues from:
Exhibit A
77-
Ij I
Assessments
— 567,434_t_
550,000 ; 575,000
j
Interest _
264
y'stors Center - Cty Contribution_
_
102,168
I
Promotion - City Contribution I
58,425 '
S8,425
P motan Counci bequest_
68,500 ; !
58,000 t i
j
j Transfer in
Subtotal I
694,623 i 1
768,593 I_! 575,000
Ixpe
Enditures for captal outlay:
Tourism promotion _ _ (662,277)y(766,593)%_(573,000
i AGP video _(6,000)1 (2,000
Transfers to General Fund _ (251000)
Rev�A enues over (under) expendiures 1,346 _
cash balance
u
RESOLUTION NO. 32-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
MODIFYING THE WATER ALLOCATION PROGRAM FOR 2014
THE CITY COUNCIL
City of Morro Bay, California
R'HEREAS, Chapter 13.20 of the Morro Bay Municipal Code; calls for the City Council
of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the
Public Services Director after review by the City of Morro Bay Planning Commission and Public
Works Advisory Board; and
WHEREAS, the Local Coastal Program Land Use Plan and Ordinance Number 266
require the City Council to set an annual limit on new residential units and to prescribe the mix
of multi -family and single-family residences allowed within that limit; and
WHEREAS, on January 17, 2014, California Governor Jerry Brown declared a water
emergency, due to drought conditions; calling for a voluntary 20-percent reduction in water
consumption: and
is Conservation
on January 22. 2014. the City of Morro Bay implemented Mandatory Water
Conservation Requirements for Severely Restricted Water Supply Conditions; and
WHEREAS, on January I I, 2014, County staff informed the City of Morro Bay that the
State Water Project allocation for 2014 is now officially at 0-percent, and only stored water is
available to meet delivery requests; and
WHEREAS. on February 11, 2014, City Council did hold a duly noticed Public Hearing
on the 2013 Annual Water Progress Report and the proposed 2014 Water Allocation Program.
and
WHEREAS; on February 11, 2014, City Council did also direct staff to develop a water
retrofit program that will offset water demand from new development, held a duly noticed Public
Hearing on the 2013 Annual Water Progress Report and the proposed 2014 Water Allocation
Program. and
WHEREAS, on April 18 2014, the California Department of Water Resources increased
the State Water Project allocation for 2014 to 5-percent, plus stored water within the State Water
Project available to meet delivery requests: and
WHEREAS, the City's approximately 3,000 Acre Feet of stored water available is finite:
and with adequate conservation may last three years.
51
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro
® Bay, California, as follows:
SECTION 1: A Water Allocation Program for the year 2014 is hereby modified to contain the
following element:
New water allocations requested for 2014 be offset on a two -to -one basis (or 440 gallons
per day) by providing retrofits to existing uses or providing non -required water savings
features for new development that is seeking the water allocation. The Public Services
Director is responsible for the review and approval of the proposed retrofits to ensure that
then offset the water supply requested by new development. Retrofits may include any of
the following water saving best management practices:
• Irrigation Retrofits
• Waterless Urinals
• Waterless Toilets
• Ultra -Low Flow Toilets
• Laxvn/Landscape Replacement Program
• Grav water system installation in new construction
• Installation of Rainwater Recovery Systems
• Other Water Savings Best Management Practices as approved by the Public
Services Director
• Payment of an "In -Lieu" fee program of $2,900 per Water Equivalency Unit
SECTION 2: Applicability
A project that requires an allocation of new Water Equivalency Units (WEU) shall be
subject to the allocation program established by this Resolution, unless the application for
that project has been deemed complete as of the date of adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a
regular meeting held on this I ith day of May, 2014 by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ATTEST:
JdjAie Boucher, City Clerk
E
J ie L. Irons. avo
® RESOLUTION NO.31-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
REAFIRMING, DELCARING 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
THECITYCOUNCIL
City of Morro Bay, California
WHEREAS, in 2009, when facing a water shortfall, the City Council adopted Resolution
No. 64-09, declaring and proclaiming a local water emergency; and
WHEREAS, Resolution No. 64-09 is still in effect: and
WHEREAS, California is facing a water shortfall as California is experiencing its driest
year in recorded State history; and
WHEREAS, rainfall amounts in San Luis Obispo County have made it the driest year on
record within the county; and
® WHEREAS, on January 17, 2014, California Governor Jerry Brown declared an
emergency due to drought conditions and called for a voluntary 20-percent reduction in water
consumption: and
WHEREAS, on March 11, 2014, the San Luis Obispo County Board of Supervisors
adopted a resolution proclaiming a local emergency due to drought conditions in San Luis
Obispo County: and
WHEREAS, the City Council finds a dire situation exists due to exceptional drought
conditions as reported by the U.S. Drought Monitor as of April 29, 2014, including drought level
condition D4 for the entire county, the worst federal drought rating: and
WHEREAS, on April 18 2014, the California Department of Water Resources increased
the State Water Project allocation for 2014 to 5 percent, plus stored water within the State Water
Project available to meet delivery requests: and
WHEREAS, the City's approximately 3,000 acre-feet of stored water available is finite;
and with adequate conservation may last three years: and
WHEREAS, such drought conditions are anticipated to cause water shortages and severe
economic losses within San Luis Obispo County region including Morro Bay's agriculture
® community; and
® WHEREAS. it is in the interest of the health, safety and general welfare of the residents
of the City of Morro Bay to conserve the City's water supply during State Water Project
shutdowns: and
WHEREAS, it is in the interest of the health, safety and general welfare of the residents
of the City of Morro Bay to conserve the City's water supply during future State Water Project
deliveries of 35 % or less; and
WHEREAS, in May 1993 the City of Morro Bay proactively established preparations for
impending water supply shortages and emergencies by adopting Mandatory Water Conservation
Requirements in the Morro Bay Municipal Code Section 13.04.320 et seq.; and
WHEREAS, it is in the public's best interest not to rely on Resolution No. 64-09. but for
the Council to adopt a new resolution again proclaiming and declaring a local water emergency.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro
Bay, California. as follows:
1. Resolution No. 64-09 is hereby rescinded.
2. A local water emergency in the entire City of Morro Bay is hereby declared and
proclaimed.
® 3. Mandatory Water Conservation Requirements during all State Water Project deliveries of
35% or less are hereby instituted.
4. The Public Services Director is hereby authorized and directed to take any and all actions
outlined in Sections 13.04.340 and 13.04.345 of the Morro Bay Municipal Code that will
best conserve water during the State Water Project shutdown, when State Water
Deliveries fall below 35% or other water supply emergencies.
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City_ Council, at a
reeular meeting held on this 13th day of May, 2014 by the following vote:
AYES: Irons. C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
Ja e L. Irons, Mayor
ATTEST:
® JA E BOUCHER, City Clerk
RESOLUTION NO. 30-14
® A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
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.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Planning Commission conducted a public hearing on December 18. 2013
and forwarded a favorable recommendation to the City Council to adopt the Mitigated Negative
Declaration and conditionally approve the Conditional Use Permit (#UPO-371); and
WHEREAS. City Council conducted a public hearing on January 14, 2014, for the
purpose of considering the Mitigated Negative Declaration and the Conditional Use Permit
(#UP0-371); and
WHEREAS, City Council action revised Planning Condition #1 by directing the
applicant to coordinate with regulatory agencies, as necessary, to provide a minimum level of
lighting along the path to assure basic safety and security of the public. Said lighting will be no
higher than 4' from the ground surface and shielded to prevent impacts to the visual beauty of
® the night skyline; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, City Council has duly considered all evidence, including the testimony of
the applicant, interested parties. and the evaluation and recommendations by staff. presented at
said hearing: and
WHEREAS, the City Council has reviewed this project in compliance with the
California Environmental Quality Act (CEQA).
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 finds:
California Environmental Quality Act (CEOA)
1. That for purposes of the California Environmental Quality Act, an Initial Study
was prepared for the project which resulted in a Mitigated Negative Declaration
(SCH#2013101083). A Visual Impact Assessment Addendum was added to the
Mitigated Negative Declaration to evaluate the addition of low level lighting to
assure basic safety and security of cyclists and pedestrians using the trail during
V/ non -daylight hours. This Addendum determined that no significant impacts
would result from the lighting and no additional mitigations are required.
® Therefore; with the incorporation of low-level lighting, the proposed lighting has
been determined to have a less than significant impact on the environment.
Conditional Use Permit Findings
1. No additional conditions or mitigations are required as a result of the Addendum
Section 2: Action. The City Council does hereby adopt the amended Mitigated Negative
Declaration with no additional mitigations and reaffirm Conditional Use Permit (#UP0-371).:
PASSED AND ADOPTED by the Citv Council of the Citv of Morro Bay at a regular
meeting thereof held on the lath day of May 2014 by the following vote: y
AYES: Irons, C. Johnson, N
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
® JA [E OU�Ci` City
Johnson, Leage, Smukler
rIE L. IIWNS, iv yor
Addendum to_ -the
Final=-
x-
Initial Stud
Mitigated Negative—`_-
Y
Declaration
i
March 2014
E' a, v! r io n m 0n 1 a, 1 5'yi e*n t'{:s 13 P1'a a ne, 3:_ E'agin
El
ADDENDUM TO THE
FINAL
INITIAL STUDY - MITIGATED
NEGATIVE DECLARATION
MORRO CREEK MULTI -USE
TRAIL AND BRIDGE PROJECT
Prepared by:
City of Morro Bay Public Services Department
Rob Livick, Public Services Director
955 Shasta Avenue
Morro Bay, CA 93442
Prepared with the assistance of..
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
March 2014
EXHIBIT B
r-�
Ef
®o This report prepared on 50% recycled paper with 50% post -consumer content.
Morro Creek Multi -Use Trail and Bridge ProjectEXH I BIT B
Addendum to the Final Initial Study -Mitigated Negative Declaration
® INTRODUCTION
This document is an addendum to the Initial Study -Mitigated Negative Declaration (IS-MND)
for the Morro Creek Multi -Use Trail and Bridge Project that was adopted by the Morro Bay City
Council in January 2014. The addendum is required to address the possible environmental
effects associated with a revision to the project description to add lighting to the project. The IS-
MND stated that the project does not propose the installation of any lighting fixtures.
However, due to safety concerns for pedestrians and bicyclists utilizing the boardwalk, path,
and bridge during non -daylight hours, the project description has been revised to add low-level
lighting to the project. The lighting fixtures will be ground -mounted LED lighting with 180
degree output and narrow beam light distribution (refer to Appendix). The lighting will be less
than four feet in height and will be directed onto the boardwalk, path and bridge to avoid
spillover onto adjacent areas.
According to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an
addendum to a previously adopted Final IS-MND is the appropriate environmental document
in instances when "only minor technical changes or additions are necessary" and when the new
information does not involve new significant environmental effects beyond those identified in
an adopted IS/MND. The change being contemplated involves a minor revision to the
previously proposed project. In addition, as discussed below, the proposed revision would
result in no new significant environmental effects. As such, the addendum is the appropriate
environmental document under CEQA.
®. This addendum includes a description of the currently proposed project and a comparison of
the impacts of the revised project to those identified for the previously approved project, which
was evaluated in the January 2014 Final IS-MND.
PROPOSED PROJECT
The project is located at 1500 Embarcadero within Morro Bay and along the northern portion of
the Morro Bay Embarcadero, adjacent to'the existing Morro Bay Power Plant (MBPP). The City
of Morro Bay is located along Highway 1 in central San Luis Obispo County,'approximately 15
miles west of the City of San Luis Obispo. The project site is designated by the City of Morro Bay
General Plan as Open -Space, Commercial/ Recreational Fishing and Planned Development (QA-
2/CF/ PD). The Morro Bay Waterfront Plan identifies the project site as "Area 1: Morro
Rock/Coleman Park" (Morro Bay Waterfront Plan, adopted 1996). Poftions of the project site
are located on property owned by Dynegy, but with an easement for public access.
The proposed project would extend the existing Morro Bay Harborwalk with a pedestrian
boardwalk and separated Class I bike path to provide a connection between the Morro Bay
waterfront and north Morro Bay. A 12-foot wide paved separated Class I bike path would
extend from the Morro Bay Power Plant entry way to the intersection of Embarcadero Road and
Coleman Drive. The pedestrian boardwalk and separated Class I bike path would extend from
the existing Morro Bay Harborwalk, south of the parking area at Embarcadero Road and
Coleman Drive, and continue northward adjacent to the unpaved portion of Embarcadero
Road, to Morro Creek. Along this segment, the boardwalk improvements would include an 8-
foot wide pedestrian boardwalk, a 2-foot bioswale, a 12-foot wide Class I bicycle path, and a 2-
- ow - - City of Morro Bay
Morro Creek Multi -Use Trail and Bridge Project EXHIBIT B
Addendum to the Final Initial Study -Mitigated Negative Declaration
® foot shoulder. An approximately 130-foot long,13-foot wide, clear span, pedestrian and bicycle
bridge would extend the pedestrian boardwalk and bike path across Morro Creek to connect to
north Morro Bay on Atascadero Road (State Route 41).
The adopted IS-MND states that project does not propose the installation of any lighting
fixtures. However, due to safety concerns for pedestrians and bicyclists utilizing the boardwalk,
path, and bridge during non -daylight hours, the City is proposing to add low-level lighting to
the project. The lighting plans for the project (refer to Appendix) depict a total of 35 fight
fixtures extending on the south side of the proposed trail, from the intersection of Embarcadero
Road and Coleman Drive, across the proposed bridge, to the terminus of Embarcadero Road
just north of Morro Creek. The lighting design will be less than four feet in height and will be
directed onto the boardwalk, path and bridge to avoid spillover into adjacent areas.
ENVIRONMENTAL IMPACTS
This section addresses the pertinent environmental issues studied in the Final IS-MND,
comparing the effects of the project currently proposed to the effects of the project that was the
subject of the adopted Final IS-MND.
The Final IS-MND analyzed the full range of environmental issues addressed in the CEQA
Appendix G checklist; however, the incorporation of low-level lighting into the project would
not result in any new environmental effects with regard to issues such as air quality, biological
resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and
hazardous materials, hydrology and water quality, land use and planning, noise, public
services, recreation, transportation/traffic, and utilities and service systems. Therefore; this
discussion focuses primarily on the potential aesthetic impacts of the project.
Aesthetics
According to the CEQA Appendix G checklist for aesthetic impacts, the proposed project would
substantially degrade the existing visual character or quality of the site and its surroundings, or
result in a significant impact if it would create a new source of substantial light or glare that
would adversely affect day or nighttime views in the area. As described in the project
description, the lighting design will be less than four feet in height and will be directed onto the
boardwalk, path and bridge to avoid spillover into adjacent areas.
As described in the adopted IS-MND, the proposed multi -use recreational path and low -profile
bridge across Morro Creek would be an extension of similar existing adjacent facilities. The
addition of low-level lighting to the project would be consistent with similar existing adjacent
facilities, and would not result in changes to the visual character or quality of the area, as seen
from adjacent and nearby land uses, including Morro Rock and Morro Rock City Beach. _
The lighting plans prepared by Thoma Engineering indicate that light levels from the proposed
low-level lighting would not exceed 12.5 foot-candles at the source, and light spillage would
decrease to less than 0.1 foot-candle within approximately 60 feet of the fixtures (depicted as a
black line around each light fixture in the Appended figures). Light spillage refers to light
® measured in foot-candles, which reaches and illuminates objects beyond the intended target.
City of Morro Bay
Morro Creek Multi -Use Trail and Bridge Project
Addendum to the Final Initial Study -Mitigate
EXHIBIT B
Declaration
Comparative Illumination of Typical Outdoor Light Sources
Light Source
Illumination Expressed in Foot -Candles (fc)
Direct Sunlight
10,000 to 13,000 fc
Full Daylight
1,000 fc
Overcast Day
100 fc
Dusk
10 fc
Twilight
1 fc
Typical City Street Light
0.5 to 1.5 fc
Full Moon
- 0.01 to 0.02 fc
Typical Interior Office
30 to 40 fc
Typical Living Room at Night
6 fc
Front Porch Lit With 60-Watt Bulb
1.5 to 3 fc
II/uminance-Recommended Light Levels: mtw. EncineennaTwlBox com
Typical Light Levels: mm lashen.w
Lighting White Paper. hho.Y/ohoenix.gov
As indicated in the above table, 0.5 to 1.5 foot-candles is similar to what would be expected of a
typical street light. The Morro Dunes RV Park is located north of the proposed site across Morro
Creek, approximately 200 feet from the nearest proposed light fixture. The nearest existing
residences are located approximately 1,400 feet east of the project site. Light spillage would
decrease to less than 0.1 foot-candle within approximately 60 feet of the fixtures (depicted as a
black line around each light fixture in the Appended figures); therefore, Light would not spill
over to these adjacent residential uses due to distance between the proposed light fixtures and
the residences, as well as the intervening topography and vegetation. Therefore, impacts
associated with the proposed project would remain less than significant, and no mitigation is
required.
r
City of Morro Bay
Morro Creek Multi -Use Trail and Bridge Project EXHIBIT B
Addendum to the Final Initial Study -Mitigated Negative Declaration
a
4 This page intentionally left blank.
El
City of Morro Bay ,
EXHIBIT B
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® RESOLUTION NO.29-14
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MORRO BAY, CALIFORNIA,
DECLARING THE INTENTION TO CONTINUE THE PROGRAM AND
ASSESSMENTS FOR THE 2014/15 FISCAL YEAR FOR THE .
MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID)
THE CITY COUNCIL
City of Morro Bay, California
AVHEREAS, the Parking and Business Improvement Area Law of 1989, Sections 36500
et seq., of the California Streets and Highway Code authorizes cities to establish and review
business improvement areas for the purpose of promoting tourism; and
WHEREAS, on April 13, 2009, City Council held a public hearing; and introduction and
first reading of Ordinance 546 to establish the Morro Bay Tourism Business Improvement
District (MBTBID), and
WHEREAS, on April 27, 2009: City Council, approved Ordinance 546; and
® WHEREAS, on April 10, 20142 the advisory board requested the renewal of the TBID
for the 2014/15 fiscal year to continue its activities; and
WHEREAS_. all other findings of Ordinance 546 to establish the TBID remain
unchanged: and V
WHEREAS, on April 22, 2014: City Council conducted a public meeting where staff
presented the annual financial report for the fiscal year 2012/L3 (the fourth year of the TBID),
the adopted budget for fiscal year 2013/14, and proposed fiscal year 2014/15 budget, all of
which are attached to this Resolution as Exhibit A: and
WHEREAS, the budget generally describes the funded activities to be marketing, which
attracts and extends overnight stays in Morro Bay hotels, as well as operation of the Visitors
Center, whose outreach to potential visitors is key; and
WHEREAS, at the public meeting held on April 22, 2014, City Council additionally set
the public hearing for the intent to levy the TBID assessment for May 13, 2014, at 7:00 p.m., to
be held at the Morro Bay Veterans Memorial Hall located at 209 Surf Street, Morro Bay,
California, in accordance with the California Streets and Highway Code Sections 36524 and
36525.
NOW, THEREFORE BE IT RESOLVED by the Citv Council of the City of Morro
is Bay as follows:
® 1. The above recitations are true and correct; and incorporated herein by reference.
2. The City Council, having affirmed the annual report and budgets on April 22, 2014, at a
regular meeting. declares its intention to renew the Morro Bay Tourism Business
Improvement District for the 2014/15 fiscal year, and to levy and collect 3% assessments
from hoteliers.
3. The City Council sets the date of the public hearing to adopt a Resolution to reaffirm the
MBTBID. and levy and collect the 3% assessments from hoteliers as Tuesday. May 27,
2014.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular
meeting thereof held on the 13a' day of May, 2014, by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
® JA t L. I Oi S, May
JANV. BOUCHER, City Clerk
il;
CITY OF MORRO BAY
2014/15 PROPOSED FISCAL BUDGET
I
MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT
I
2013/14
2014/15
2012/13 j
Amended
Proposed
Actual I
Budget
Budget
Beginning cash balance $
69,482 i $
( 701828
_
($
11
( 701828 I
Revenues from:
Assessments
567,434
550/000
575,000
Interest
264 ,
-
Visitors Center - Uy Contribution
- I
102,168
Promotion - Cdy Contribution
58,425
58,425
Promotion - Council bequest
68,500 '
58,000
Transfer in
- '_
-
Subtotal
694,623 i
768,593
_
575,000
Expenditures for capital outlay:
Tourism promotion
(662,277)
.(766,593)
(573,000)
AGP video
(6,000)i
(21000)
(2,000)
Transfers to General Fund
(25,000)
Subtotal
(693,277)I
(768,593)
(575,000)
Revenues over (under) expenditures
1,346
—
I
.
Ending cash balance $
70,828 $
70,828
$
70,828
RESOLUTION NO.28-14
® A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
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.)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, all property owners of the North Point subdivision requested the City of
Morro Bay form a maintenance assessment district to fund the maintenance of the North Point
Natural Area: and
WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act") enables the City to
form assessment districts for the purpose of maintaining public improvements; and
WHEREAS, pursuant to Section 22623 of the Act, the City Engineer has filed in the
Office of the City Clerk. and submitted for review to the City Council, a report entitled
® "Engineers Report North Point Natural Area Landscaping and Lighting Maintenance
Assessment". dated May 1, 2014, prepared in accordance with Article 4 of the Act, commencing
with Section 22565 (the "Engineer's Report"); and
WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by
City ordinance to install improvements for which an assessment district was required in order to
assure continued and uninterrupted maintenance of the North Point Natural Area; and
WHEREAS, pursuant to the intent of Article XII1, Section 4. of the California
Constitution, the property owners have elected to form the North Point Natural Area
Landscaping and Lighting Maintenance Assessment District.
Bay,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro
Section 1. The City Council approves the Engineer's Report.
Section 2. It is the intent of the Council to order the annual levy and collection of
assessments for the North Point Natural Area Landscaping and Lighting Maintenance
Assessment District generally located as shown in Exhibit "A" attached hereto at a public
hearing to be held June 24, 2014 at 7:00 p.m. in the Veteran's Memorial Building, 209 Surf
Street, Morro Bay. CA.
® Section 3. The improvements 'to be maintained at the North Point Natural Area are
specified in the Engineer's Report dated May 1, 2014 which is hereby approved.
Section 4. The assessment upon assessable lots within the district is proposed to total
55,645 or $564.50 per assessable parcel for fiscal year 2014/15.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held this 13`s of May, 2014 by the following roll call vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smulder
NOES: None
ABSENT: None
ATTEST:
k4w��
JAINUt BOUCHER, CITY CLERK
JrIE L. IRONS, iV YOR
EXHIBIT 'A'
® CITY Of MORRO RAY
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ASSESSMENT DIAGRAM
i- NORTH POINT NATURAL AREA
\ '9
a
LEGEND
�0 = COUNTY ASSESSORS PARCEL NUMBER
tl� .
..Y .
TRACT 2110
a
CITY OF MORRO BAY
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
0 DIay1,2014
AFFIDAVIT FOR THE ENGINEER'S ANNUAL REPORT
CITY,OF MORRO BAY
NORTH POINT NATURAL. AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
This report describes the proposed maintenance, improvements, budgets, zone of benefit and
assessments to be levied on parcels of land within the NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING A41AINTENANCE ASSESSMENT DISTRICT for the fiscal year
2014/2015, as the same existed at the time of the passage of the Resolution of Intention. Reference
is hereby made to the San Luis Obispo County Assessor's maps for a detailed description of the lines
and dimensions of parcels within the District. The undersigned respectfully submits the enclosed
Report as directed by the City Council and, to the best of my knowledge; information, belief, the
report, the assessments and diagrams have been prepared and computed in pursuant to the
Landscaping and Lighting.Act of 1972.
Dated this / iP- day of K 2014
�c c�
Rob Livick, PE/PLS — Public Services Director/City Engineer
*
CITY OF MORRO BAY
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
Table of Contents
Page
1. Project Description 1
2. Maintenance Tasks 1
3. Maintenance Costs 1
4. Apportionment of Assessment 2
® Assessment Diagram 3
Maintenance Task List Attachment A
Detailed Cost Analysis Attachment B
ul
CITY OF MORRO BAY
NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
1. Project Description
As a condition of approval for Tract No. 2110, the North Point subdivision, the developers were
required to offer to the City for dedication Lot II of the subdivision for park ,purposes, and to
construct improvements on Lot I I including a paved parking area, a stairway providing access to the
beach, benches, landscaping and irrigation, lighting, and other improvements. The subdivision was
also conditioned to provide maintenance of the park by establishing an assessment district. Lot I 1 of
Tract No. 2110 is identified as the North Point Natural Area.
For a detailed description of the improvements, refer to the plans and specifications on file in the
office of the City Engineer.
The owners of the ten residential lots within the North Point subdivision have requested that the City
form a maintenance assessment district to fund the maintenance of the North Point Natural Area.
II. Maintenance Tasks
A list of maintenance tasks required to maintain the North Point Nahiral Area in acceptable condition
for public use was developed by the City Recreation and Parks Department based on maintenance
standards established for existing parks within the City and is included in this report as Attachment
A.
III. Maintenance Costs
The estimated annual cost of maintaining the North Point Natural Area was developed by the
Recreation and Parks Department based.on the tasks required and the City's Flat Rate Manual for
Parks Maintenance. The annual cost of maintenance for the 2014/15 fiscal year is estimated to be
$5,645.00. The detailed cost estimate is included in this report as Attachment B.
IV. Apportionment of Assessment
The total assessment for the District is apportioned to each of the ten residential lots equally. Lot 11,
the North Point Natural Area; Lot 12, a private street; and Lot 13, an open space parcel to be granted
to the State of California; are not assessed. Individual assessments are listed in the following table:
Llf
Parcel/Assessment Table
Lot Number
Countv Assessor's
Parcel Number
Annual Assessment
1
065-082-10
$564.50
2
065-082-11
$564.50
3
065-082-12
$564.50
4
065-082-11
$564.50
5
065-082-14
$564.50
6
065-082-15
$564.50
7
065-082-16
$56450
8
065-082-17
$564.50
9
065-082-18
$564.50
10
065-082-19
$564.50
11
065-082-20
$ 0.00
12.
065-082-21
$ 0.00
L3
065-082-22
$ 0.00
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Attachment A
NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
MAINTENANCE TASKS
MAY 2013
Routine Maintenance Tasks
Review for vandalism/repair
Pick-up - paper .
trash
cigarette butts
Empty - trash cans
Clean - benches
Check - fencing
beach access stairway
bike rack
lights
planting hillside; erosion
Weekly or as needed
Blow paths, parking lot
Monthly or as needed
Check trees
Check/repair sprinkler system
Trim trees and bushes as needed
Critical parts inspections
Annuallv or as needed
Paint beach access stairway, public access signage
New plantings (replacement)
General safety inspection
Annual tree pruning
Remove graffiti
Mow open space
Pest/gopher control
Trim and spray paths
Repair public access signage
Attachment B
NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
MAY 2013
NAME: North Point Natural Area Landscaping and Lighting Maintenance Assessment District
DIAGRAM: Attached
PLANS AND SPECIFICATIONS: For a detailed description of the improvements, refer to the
plans and specifications for Tract 2110 on file in the office of the City Engineer. No bonds or notes
will be issued for this Maintenance. Assessment District.
ESTIMATED COST OF MAINTENANCE: The following outlines the estimated budget for
the maintenance of the North Point Natural Area for fiscal year 2014/15.
Acwunt Description
"cam-
IFY 20312012+FN2012
i Ji- :d1'
Z013
.:
FY2013;2014'(
FY 20142015 (Estimate)
Personnel Coss
$,�li" 1;377 83°
$ , .i �tiJ R7.46 ,
'$ +'�' `
$500.00
Supplies
$ v'666
$ 17!"If6026,
;i F
i
$ 200.00
contractual Serves'a�:gt!;titui
a �
.:., i�sadi =+u'fl 1151
IS>mi� i
$Other
Professional Svc
$ Ci'"'t 'P
$Upi ly'7,969:00r:$3,300.00
Utdties
$ 1,645.00
Insurance
;"1 WM `-f25000
a '1lltii�.°u`'>a.
Other Expenses
f j.631 92
; "_ 135
Captal Reserve
;, 2;303 41
$ 4 264 00
� ';" ->G '! i_°"i
_
r .? .5'3j. ,F
TOTAL EXPENSE
$ : p
,..5'64500
5.,,;' 5936.18i'�$
+ ,Tuna'=1;444.34;;
$ 5,645.00
Reserve Balance
$ 23,90000
i001
19;616.00E
$ 19,616.00
Total Assessment
5,645.00r
$k" ih,lrotm5645.00111
$ 5,645.00
__
„c�:. Y�:c°.: Previous Years
Personnel Services
Includes all daily and routine tasks as well as non -routine maintenance and repair costs.
Supplies
Includes trash liners, round -up and all other supplies in daily tasks as well as non -routine repair
and maintenance.
Services
Includes utilities, engineering, insurance and structural repair to stairway and other structures.
lJ
11
Total Assessment Estimate: $5,645.00
Per Parcel Yearly Assessment $5,645.00/10 parcels $ 564.50 is
® RESOLUTION NO. 27-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA, .
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.)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, all property owners of the Cloisters subdivision requested the City of
Morro Bay form a maintenance assessment district to fund the maintenance of the Cloisters Park
and Open Space: and
WHEREAS, the Landscaping and Lighting Act of 1972 (Streets and Highways Code
sections 22500 et. seq.) (the "Act") enables the City to form assessment districts for the purpose
of maintaining public improvements; and
WHEREAS, pursuant to Section 22623 of the Act, the City Engineer has filed in the
Office of the City Clerk, and submitted for review to the City Council, a report entitled
"Engineer's Report - Cloisters Landscaping and Lighting Maintenance Assessment District",
is Section
April 30, 2014, prepared in accordance with Article 4 of the Act, commencing with
Section 22565; and
WHEREAS, pursuant to Section 22608.2 of the Act, the subdivider(s) were required by
City Ordinance to install improvements for which an assessment district was required in order to
assure continued and uninterrupted maintenance of the Cloisters Park and Open Space; and
WHEREAS, pursuant to the intent of Article X1II, Section 4, of the California
Constitution, the property owners have elected to form the Cloisters Landscaping and Lighting
Maintenance Assessment District.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro
Bay it is the intent of the Council to order the annual levy and collection of assessments for the
Cloisters Landscaping and Lighting Maintenance Assessment District generally located as shown
in Exhibit "A" attached hereto at a public hearing to be held June 24, 2014 at 7:00 p.m. in the
Veteran's Memorial Building, 209 Surf Street, Morro Bay, CA.
BE IT FURTHER RESOLVED, the improvements to be maintained at the Cloisters
Park and Open Space are specified in the Engineer's Report dated April 30, 2014, which is
hereby approved.
BE IT FURTHER RESOLVED, the assessment upon assessable lots within the district
® is proposed to total $148,944 or S 1,241.20 per assessable parcel for Fiscal Year 2014/15.
L11
L
11
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a reeular
meeting held on this 1 1 day of May; 2014 by the following roll call vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smulder
NOES: None
ABSENT: None
A�
JA IIE L. IRONS, i AYOR
ATTEST:
JA IE BOUCHER, CITY CLERK
�I
U
CITY OF MORRO BAY
CLOISTERS
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
April 30, 2014
AFFIDAVIT FOR THE ENGINEER'S ANNUAL REPORT •
CITY OF MORRO BAY
CLOISTERS
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
This report describes the proposed maintenance, improvements, budgets, zone of benefit and
assessments to be levied on parcels of land within the Cloisters Landscaping and Lighting
Maintenance Assessment District, for the fiscal year 2014/2015, as the same existed at the time of the
passage of the Resolution of Intention. Reference is hereby made to the San Luis Obispo County
Assessor's maps for a detailed description of the lines and dimensions of parcels within the District.
The undersigned respectfully submits the enclosed Report as directed by the City Council and, to the
best of my knowledge, information, belief, the report, the assessments and diagrams have been
prepared and computed in pursuant to the Landscaping and Lighting Act.of 1972.
Dated this 3l! ' day of _Apr, 2014
PpF ,A t
�Y.0.pLi �.
•,r 2C .
Z
Rob Livick, PE/PLS — Public Services Director/City Engineer , a
El.
CITY OF MORRO BAY
CLOISTERS
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
Table of Contents
Page
I. Project Description 1
11. Improvements 3
ID. Method of Assessment 4
IV. Maintenance Tasks 4
V. Maintenance Costs 5
VI. Apportionment of Assessment 5
VII. Assessment Diagram I
Maintenance Task List Attachment A
Cost Analysis Attachment B
CITY OF MORRO BAY
CLOISTERS
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ENGINEER'S REPORT
I. Project Description
Tract 1996, known as the Cloisters development, is a 124 lot subdivision bounded by State Highway
One at the east, Atascadero State Beach at the west, Morro Bay High School at the south, and Azure,
Coral, and San Jacinto Streets at the north (the "Cloisters").
The Cloisters, prior to development, was a privately owned 80-plus acre expanse of open land. Prior
to development the property was historically used for lateral and vertical access and contained a large
area of sensitive sand dunes abutting the eastern edge of Atascadero State Beach. Prior to
development, the Cloisters was the subject of various land development proposals including an RV
park, a 390-unit condominium development, a 466-unit single family residential development, a 455-
unit mixed residential development, and a 213-unit residential development. The City of Morro Bay
(the "City") approved none of these development proposals.
It was well known that any development at the Cloisters was going to require a balance between
continuation of lateral and vertical access within and through the property, while at the same time
conserving the sensitive plant and wildlife resources present. In addition, the negative impacts of
development on the site would have to be sufficiently offset by public resources and public amenities
from the site.
Zoning on most of the Cloisters site is Planned Development, Single -Family Residential with the
sand dunes and wetlands zoned Environmentally Sensitive Habitat (ESH). The purpose of the
Planned Development (PD) overlay zone is to provide for detailed and substantial analysis of
development on parcels, which because of location, size or public ownership, warrant special review.
This overlay zone is also intended to allow for the modification of or exemption from the
development standards of the primary zone which would otherwise apply if such action would result
in better design or other public benefit.
On September 23, 1996 the City Council passed Resolution No. 69-96 which accepted the final map .
for Tract 1996 known as the Cloisters Subdivision, consisting of 124 lots. Lots 1 through 120 were
for single-family residential purposes. Lots 121, 122 were for the 27.65-acre park and open space and
Lot 124 was dedicated for a fire station and Lot 123 was offered to the state.
The findings and conditions of approval for the project were numerous. For example, the City
Council made findings that the Cloisters project could cause significant environmental impacts
0
® relating to land use, visual/aesthetics, affordable housing, traffic generation, air quality noise,
geology, drainage and water quality, ecological resources, and public services; but that these impacts
can be mitigated by the recommended conditions. In addition, the City Council made further findings
that the Cloisters project was in compliance with the specific policies of the GP/LUP and zoning
ordinance with respect to protection of views, environmentally sensitive resources, public access,
circulation, hazards and other requirements so long as the environmental impacts were mitigated.
Finally, the City Council made further findings that the Cloisters project complies with MBMC with
respect to optional subdivision design and related improvements, and that the optional design is
justified in order to contribute to a better community environment through the dedication of
extensive public areas, restoration of the ESH area, provision of scenic easements, and provision of
larger than usual lots adjacent to such areas, and maintenance of a consistent lot layout pattern
adjacent to existing development on the north side of Azure Street.
In order to mitigate the environmental impacts of the project, and to provide a greater public benefit
as required in a PD overlay zone, the conditions of approval for the project required the applicant to
form an assessment district for the maintenance of the public park, bicycle pathway, right of way
landscaping, coastal accessways, ESH restoration areas and any other improved common areas to be
privately held or dedicated to the City. The public park area, as well as all open space improvements
and the assessment district were part of many detailed discussions during each City and Coastal
Commission hearings. Without this Condition of Approval and the creation of the ongoing
assessment district, the project would not have been approved and there would not be a Cloisters
Development.
® The assessment district formation proceedings began in August 1996, when all of the owners of the
real property within the proposed district consented in writing to the formation of the Cloisters
Landscaping and Lighting Maintenance Assessment District (the "District') pursuant to the
Landscaping and Lighting Act of 1972 (the "Act'). The assessment district formation proceedings
concluded with the final public hearing for formation on September 23, 1996, which levied the
annual assessment of $ ] 48,944 (the "Assessment') for the maintenance of the thiml-four (34) acres
of public resource lands including open space and natural lands, wetland area and pond used for
drainage mitigation for homes constructed in Cloisters, median landscaping, street trees, a
neighborhood park and recreation area, fencing and other public improvements.
In preparing the various purchase and sale documents for each individual lot, including the
Conditions, Covenants, and Restrictions, the owners and developer were especially careful to call out
the existence of the assessment district and to make certain that the existence of assessment district
was disclosed to anyone who purchased one of these lots. In drafting all the project documents, the
City and the developer reinforced the special benefits for the residents of the Cloisters Project from
the public amenities and easements maintained by the Assessments. Moreover, the City and the
developer clearly understood that the creation and continuation of the Assessments was necessary for
the approval of residential development within the Cloisters Project.
II. Improvements
The work and improvements to be undertaken for the Cloisters Landscaping and Lighting
El
Maintenance Assessment District, and the costs thereof paid from the levy of the annual assessments
(the "Improvements"), are generally described as follows:
Installation, maintenance and servicing of public improvements, including but not limited to, turf,
ground cover, shrubs, and trees, other landscaping, irrigation systems, fencing, signage, trails,
walkways, recreation facilities lighting, restroom facilities, parking and all necessary appurtenances,
and labor, materials, supplies, utilities and equipment. The public resources maintained and
improved by the assessments from the District are further summarized as follows:
4 acres of park land
18.15 acres of open space meadow and natural land
5.5 acres of wetland
1.6 acres of medians, street trees and public right-of-ways
Within those areas, the following improvements are maintained and improved by the assessments:
Parking lot
Play equipment and sand lot
Trash cans
Demonstration garden
Turf
Decomposed granite paths
Habitat fencing
Observation pier
Scrub/meadow plantings
Hydro -seeded planting areas
ESHA fencing and keep out signs
Thickly planted medians
Street trees
Gabion channels
Asphalt path system
Coastal access ways
Play area surfacing
Drinking fountains
Restroom
Picnic tables
Bike rack
Benches
Concrete walks
Wetland plantings
Willows
Interpretive exhibits
Trees &shrubs along the sound wall
Directional signs
Monuments with lights
Sound wall
6' and 3' solid fence
Wetland area and pond
Bridges
Light bollards
Drainage systems
Barbeques
Irrigation (spray and drip)
0
For a detailed description of the improvements, refertothe plans and specifications for Tract 1996
® on file in the office of the City Engineer.
III. Method of Assessment
This section of the Engineer's Report includes an explanation of the benefits to be derived from the
installation, maintenance and servicing of the improvements; and the methodology used to apportion
the total assessment to properties within the District.
The Assessment is an annual assessment pursuant to the Act, which was established prior to the
effective date for Proposition 218 and which meets the conditions in Article XMD Section > of the
California Constitution. Therefore, the Assessment is exempt from the requirements for new or
increased assessments imposed by Article XIIID.
The proceeds from the District are being used to fund the maintenance and upkeep of public
resources within the Cloisters development project for the special benefit of the properties located
within this project. In absence of the Assessments, such improvements would not be provided and
the properties within the District would be negatively impacted by the demise and deterioration of
the landscaping, median improvements, street trees, turf areas, open space lands, drainage areas,
fencing, pathways and other improvements maintained by the Assessments and located within the.
District. Therefore, the continued maintenance and upkeep of these important improvements is a
distinct and special benefit to properties within the District.
Easements were also created and reserved in favor of each owner in the Cloisters Development for
view, open space, scenic, passive recreation and coastal access across the entirety of LOTS 121, 122
w and 123, which shall not be developed with any improvements or structures unless necessary and
proper for the restoration and maintenance of the Environmentally Sensitive Habitat Area. This is
another distinct and special benefit conferred on property within the District.
Moreover, these improvements, and their continued maintenance, were an original requirement for
the creation of the residential single family lots within Cloisters and the subsequent development of
residential housing in the project.[ Without the Assessments, these residential lots would not have
been approved and created. Consequently, the creation of the residential lots approved for residential
development is the primary special benefit from the Assessments. This special benefit is conferred
exclusively on property within the District and is not a general benefit to the public at large.
IV. Maintenance Tasks
A list of maintenance tasks required to maintain the Cloisters Park and Open Space in acceptable
condition for public use.was developed by the City Recreation and Parks Department based on
maintenance standards established for existing parks within the City and is included in this report as
Attachment A.
V. Maintenance Costs
The estimated annual cost of maintaining the Cloisters Park and Open Space was developed by the
Recreation and Parks Department based on the tasks required and the CiVs Flat Rate Manual for
Parks Maintenance. The annual cost of maintenance, including any reserves, for the 2014/1 5 fiscal
® 1 . It should be noted that the Assessments were unanimously approved prior to Proposition 218 by the owners of all
property within the District.
year is estimated to be $148,944. The cost estimate is included in this report as Attachment B.
VI. Apportionment of Assessment
The total assessment for the District is apportioned to each of the one hundred and twenty residential
lots equally. Lots 121 and 122 (Parcel l) Cloisters Park and Open Space, Lot 124 (dedicated for a
fire station) and Lot 123 (now Parcel 2) was offered to the State: are not assessed. Individual
assessments are listed in the following table:
Parcel/Assessment Table
Lot Number
County Assessor's,
Parcel Number
Annual Assessment
1
.065-387-001
$1,241.20
2
065-387-002
$1,241.20
3
065-387-003
$1,241.20 .
4
065-387-004
$1,241.20
5
065-387-005
$1,241.20
6
065-387-006
$1,241.20
7
065-387-007
$1,241.20
8
065-387-008
$1,241.20
9
065-387-009
$1,241.20
10 -
065-387-010
$1,241.20
11
065-387-011
$1,241.20
12
065-387-012
$1,241.20
13
065-387-013
$1,241.20
11
11
Lot Number
County Assessor's
Parcel Number
Annual Assessment
14
065-387-014
S 1,241.20
15
065-387-015
S 1,241.20
16
065-387-016
S 1,241.20
17
065-387-017
S 1,241.20
18
065-387-018
S 1.241.20
19
065-387-019
S 1,241.20
20
065-387-053
S 1.241.20
21
065-387-054
S 1,241.20
22
065-387-055
S 1,241.20
23
065-387-023
S 1,241.20
24
065-387-024
S 1,241.20
25
065-387-025
S 1,241.20
26
065-387-026
S 1,241.20
27
065-387-027
S 1,241.20
28
065-387-028
S 1.241.20
29
065-387-029
S1,241.20
30
065-387-030
S 1,241.20
31
065-387-031
S 1,241.20
32
065-387-032
S 1.241.20
33
065-387-033
S 1,241.20
34
065-387-034
S L241.20
35
065-387-035
S 1,241.20
Lot Number
County Assessor's
Parcel Number
Annual Assessment
36'
065-387-036
$1,241.20
37
065-387-037
$1,241.20
38
065-387-038
$1,241.20
39
065-387-039
$1,241.20
40
065-387-040
$1,241.20
41
065-387-041
$1,241.20
42
065-387-042
$1,241.20
43
065-387-043
$1,241.20
44
065-387-044
$1,241.20
45
065-387-045
$1,241.20
46
065-388-001
$1,241.20
47
065-388-002
$1,241.20
48
065-388-003
$1,241.20
49
065-388-004
$1,241.20
50
065-388-005
$1,241.20
51
065-388-006
$1,241.20
52
065-388-007
$1,241.20
53
065-388-008
$1,241.20
54
065-388-009
$1,241.20
55
065-388-010
$1,241.20
56
065-388-011
$1,241.20
57
065-388-012
$1,241.20
58
065-388-013
$1,241.20
59
065-388-014
$1,241.20
U
E
CI.
El
Lot Number
Count, Assessor's
Parcel Number
Annual Assessment
60
065-388-015
S 1.241.20
61
065-388-016
S 1,241.20
62
065-388-017
S 1,241.20
63
065-388-018
S 1,241.20
64
065-388-019
S 1,241.20
65
065-388-020
S 1,241.20
66
065-388-02 l
S 1.241.20
67
065-388-022
S 1.241.20
68
065-388-023
S1,241.20
69
065-388-024
S 1,241.20
70
065-388-025
S 1.241.20
71
065-388-026
S 1,241.20
72
065-388-027
S 1,241.20
73
065-388-028
S 1.241.20
74
065-388-029
S 1,241.20
75
065-388-030
S 1,241.20
76
065-388-031
S 1,241.20
77
065-388-032
S 1.241.20
78
065-388-033
S 1.241.20
79
065-388-034
S 1.241.20
80
065-388-035
S 1.241.20
81
065-388-036
S 1.241.20
82
065-388-037
S 1.241.20
83
065-388-038
S 1.241.20
84
065-388-039
S 1.241.20
Lot Number
County Assessor's
Parcel Number
Annual Assessment
85
065-388-040
$1,241.20
86
065-388-041
$1,241.20
87
065-388-042
$1,241.20
88
065-388-043
$1,241.20
89
065-388-044
$1,241.20
90
065-388-045
$1,241.20
91
065-388-046
$1,241.20
92
065-388-047
$1,241.20
93
065-388-048
$1,241.20
94
065-388-049
$1,241.20
95
065-388-050
$1,241.20
96
065-388-051
$1,241.20
97
065-388-052
$1,241.20
98
065-388-053
$1',241.20
99
065-388-054
$1,241.20
100
065-388-055
$1,241.20
101
065-388-056
$1,241.20
102
065-388-057
$1,241.20
103
065-388-058
$1,241.20
104
065-388-059
$1,241.20
105
065-388-060
$1,241.20
106
065-388-061
$1,241.20
107
065-388-062
$1,241.20
108
065-388-063
$1,241.20
109
065-388-064
$1,241.20
0
C
CI
Lot Number
County Assessor's
Parcel Number
Annual Assessment
110
065-388-065
S 1,241.20
111
065-388-066
S L241.20
112
065-388-067
S 1,241.20
113
065-388-068
S 1,241.20
114
065-388-069
S 1,241.20
115
065-388-070
S 1.241.20
116
065-388-071
S 1.241.20
117
065-388-072
S L241.20
118
065-388-073
S 1,241.20
1 19
065-388-074
S 1,241.20
120
065-388-075
S 1,241.20
121
065-386-005
0
122 Parcel 1
065-386-016
0
123 Parcel 2
065-386-017
065-386-018
065-386-019
065-386-012
065-386-013
065-386-014
065-386-010
0
124
065-386-015
0
El
E
Attachment A
CLOISTERS PARK AND OPEN SPACE
MAINTENANCE TASKS
ROUTNE MAINTENANCE TASKS
Review for vandalism/repair
Outdoor
Pick-up
Empty
Clean
Check
Clean
♦ trash
♦ paper
♦ cigarette butts
♦ 6 trash cans
♦ 7 tables
♦ 2 drinking fountains
♦ 5 interpretive panels
♦ 2 barbeques
♦ bike paths
♦ walkways
♦ 2 bridges
♦ 2 coastal access ways
♦ 1 observation pier
♦ I bike rack
♦ 2 play apparatus
♦ 25 light bollards
♦ play area surface
♦ 1 demonstration garden
♦ 3 toilets
♦ 1 urinal
♦ 2 sinks
♦ restroom floors/walls
♦ 18 benches
♦ restock restrooms
WEEKLY OR AS NEEDED
Mow turf
Edge turf
Remove weeds from demonstration garden, medians, planters
Trim turf around trees, posts and other hard to reach areas
Check and replace failed lamps
Blow all walkways, observation deck and parking lot
Attachment A
CLOISTERS PARK AND OPEN SPACE
MAINTENANCE TASKS
BI-WEEKLY OR AS NEEDED
Rake/redistribute gravel under picnic tables and benches
Empty barbeques of ashes
Litter pick-up open space area
MONTHLY OR AS NEEDED
Check new trees and plantings
Check/repair sprinkler system
Trim trees and bushes as needed
Critical parts inspection
New plantings
BI-ANNUALLY OR AS NEEDED
Fertilize turf/planter areas
Paint restrooms, structures, signs, etc.
Seed and aerate turf areas
ANNUALLY OR AS NEEDED
General safety inspection
Annual tree pruning
ASNEEDED
Remove graffiti ,
Pest/gopher control
Trim and spray paths
Mow open space area
Wetland observation/maintenance
TECHNICAL SPECIFICATIONS
FOR
Landscape i\Iaintenance
Cloisters Landscaping and Lighting Maintenance Assessment District
LITTER CONTROL
Litter is to be picked up as encountered during scheduled visits to each designated area. Particular
care must be given to the removal of fecal matter from highly traveled and highly visible areas.
Trash removal from garbage cans as specified on the Project Area Map. Cans are to be dumped
per the distributed seasonal frequency schedule.
All debris removed from the work site at the end of each work day.
WALKWAYS/ HARDSCAPE/PARKING LOT
Walkways and median hardscape and parking lots will be cleaned per the seasonal frequency
schedule. All foreign objects, trash and weeds are to be removed from surfaces. Trash, clippings
and foreign objects will be removed from the site.
A blow pack may used to clean walkways and median hardscape between 8:00 a.m. till 4:00 p.m.,
Monday through Friday only. All litter gathered by a blow pack must be picked up and removed
® from the site.
Walkways and median hardscape shall be kept clear of all shrubs and ground cover. Prune shrubs
and ground cover as necessary to maintain safety.
IRRIGATION
All irrigation schedules shall comply with City watering restrictions, Irrigation shall be
programmed to maintain proper plant growth in all areas.
Proper maintenance and/or replacement of all irrigation systems and their component parts is
required. This includes, but is not limited to, valve boxes and lids, gate valves, quick couplers,
mainlines and laterals, all fittings and riser assemblies, hose bibs, sprinkler heads and emitters,
wiring, backflow devices, remote control valves, irrigation controllers and enclosures.
Automatic controllers will be programmed for seasonal water requirements. Each automatic
system will be checked monthly for proper operation.
Where automatic sprinkler systems do not exist, manual watering all plant material is required.
Irrigation system requires monitoring of water usage at or below a three year running historical
average.
PEST CONTROL
Control and elimination of weeds, insects, rodents and diseases affecting all vegetation using
material and methods that are non -injurious to the plants as well as citizens and pets is required.
BIKE PATHS AND PEDESTRIAN WALKWAY MAINTENANCE
The path and/or walkway will be inspected on a daily basis, to ensure it is in safe condition.
Inspections will include checking the condition of path and/or walkway surface, for erosion
and drainage problems in the path and/or walkway corridor, for required clearances
(vegetation encroachment or fallen trees), and for condition and proper function of path
and/or walkway furnishings and amenities including signs, gates, bollards, fencing, benches,
etc. Inspections after storm events are recommended to check for erosion, drainage problems
and fallen trees or debris blocking the trail surface. The removal of invasive species from
much of the path and/or walkway will assist in the restoration of native habitats, the
diversifying of plant species present along the trail, and the improvement of the health,
vigor and longevity of existing vegetation.
The grass shoulder adjacent to the path and/or walkway shall be kept to a maximum height of
4"throughout the growing season.
Erosion of the path and/or walkway surface, shoulders, base and sub -base courses can create
hazardous conditions for trail users and compromise the structural integrity of the path and/or
walkway.
Signs are critical to the safe and convenient functioning of the path and/or walkway and must
be kept graffiti free and free of obstructions, such as vegetation.
Site furnishings and signs are typically constructed of wood. or metal. They should be
inspected weekly to check for graffiti, splintering, chipped paint or general deterioration or
damage.
A weekly schedule of litter and trash pickup shall be developed to keep the path and/or
walkway clean. Path and/or walkway users should be encouraged through appropriate
signage to cleanup after themselves and to pickup litter they find as they use the trail. Dog
litter shall be removed daily.
RIGHT OF WAY PLANTERS/ MEDIAN STRIP MAINTENANCE
Edging and pruning is to be done per the seasonal frequency schedule. Plant growth shall not
encroach onto sidewalk, roadway or other hardscape, along fences and walls. Chemical
application is not an acceptable method for ground cover edging.
All ground cover shall be maintained in a weed free condition.
Ground cover fertilizer shall be a complete slow release fertilizer equal to a ratio of 15-15, 15
evenly broadcast at the minimum rate of five (5) pounds per one thousand (1,000) square feet of
ground cover area, per application.
is
is
Bark mulch will be maintained in shrub beds as per the task frequency schedule. Bark mulch to be
refreshed seasonally and/or as needed.
IRRIGATED LANDSCAPE AREA i•IAINTENAINCE
All plants and shrubbery shall be pruned to encourage healthy growth habits for shape and
appearance according to accepted industry standard. Pruning shall be done according to the
natural growth of each individual species of plant to maintain viability by cutting out dead,
diseased or injured wood and to control growth when an unshapely shrub may result. Shrubbery
adjacent to walkways and roadways must be kept pruned, avoiding safety hazards in traveled
areas.
Irrigated landscape beds shall be maintained in a weed free condition. Shrub beds shall be raked
free of all debris, weeds and leaves and maintained in a neat condition during each work session.
Bark mulch will be maintained in shrub beds as per the task frequency schedule. Mulch to be
refreshed seasonally and/or as needed.
Shrubs and shrub beds shall be fertilized per the seasonal task frequency schedule.
Shrub fertilizer shall be a complete slow release fertilizer equal to a ratio of 25-5-5 evenly
broadcast at the minimum rate of five (5) pounds per one thousand (1.000) square feet of ground
® cover area, per application.
All fence lines, curbs, gutters, asphalt paths, parking lots, signs and other structures shall be free
of all weeds.
TREE BED/ WALK-ON BARK AREA MAINTENANCE
All ground cover shall be maintained in a weed free condition.
Bark mulch will be maintained in shrub beds as per the task frequency schedule. Contractor to
refreshed bark mulch seasonally and/or as needed.
TREE MAINTENANCE
All tree pruning activities shall be performed only by trained, experienced personnel.
Supervision shall be by a Western Chapter International Society of Arboriculture Certified
Arborist complying with WCISA Pruning Standards or ANSI 300 specifications.
All trees shall be pruned to provide pedestrian and vehicular clearance.
All tree wells are to be kept clear of trash. suckers and weeds. No structural changes are to
be made.
All trees must be supported sufficiently. This includes, but is not limited to minor repairs
consisting of replacing or repairing ties, refastening boards and. braces and removal of
nursery stakes. All staking and ties shall be done in a way to avoid tripping hazards. Tree
stakes or ties shall be removed promptly once their function has been completed.
TURF MAINTENANCE
Mowing operations shall be performed in a workmanlike manner that ensures a smooth
appearance without scalping or allowing excessive cuttings to remain.
Turf shall be mowed with a reel type mower equippedwith rollers or a rotary type mower. All
equipment shall be adjusted to the proper cutting height and shall be adequately sharpened.
Mowing height shall be three inches (3") for all turf areas. Mowing height may vary for special
events and conditions as determined by the City of Morro Bay. Any and all litter and trash must
be removed before the mowing operation. Walkways shall be cleaned immediately following
each mowing operation.
All turf areas will be mowed per the seasonal task frequency schedule. This is generally split into
the warm season- April through October, and the cool season- November through March.
Mowing will be scheduled to occur Monday through Friday.
All turf edges, including but not limited to sidewalks, driveways, curbs, shrub beds, ground cover
beds, tree basins and open space areas shall be edged to a neat and uniform line; all grass invasion
must be eliminated. All turf edges shall be trimmed and limited around sprinklers, valve boxes,
meter boxes, backflow devices, park equipment and other obstacles.
Weed -eater type string trimmers may be used for edging. Use of string type trimmers requires
caution near trees and plants.
When a power edger with a rigid blade is used, the edging of turf shall be completed as one
operation in a manner that avoids damage to concrete sidewalks and borders and results in a well-
defined, V-shaped edge that extends into the soil.
Chemical application for edging may be used in and around areas such as planter, areas adjacent
to building, trees, fence lines, sprinkler heads, etc. Prior to application of any chemical, all areas
shall be trimmed to the property height.
All turf shall be fertilized per seasonal task frequency schedule. Turf fertilizer shall be a complete
fertilizer, evenly broadcast at the minimum rate of one (1) pound actual available nitrogen per
one -thousand (1,000) square feet of turf area, per application. Applications shall be as follows;
16-8-8 applied in May; 22-3-9 (slow release) applied in January.
Turf areas shall be aerated per the seasonal task frequency schedule.
Turf areas shall be maintained in a weed free' condition.
® NEED CONTROL- NUSCELLANEOUS OPEN SPACE AREAS/ DETENTION BASINS
Designated open space, non -irrigated areas and detention basins are to be mowed or weed -
whipped seasonally (approximately three to four times per year
All noxious weeds are to be removed and discarded.
All fence lines, light standard bases, tree wells, sidewalks, curbs, gutters, asphalt berms, parking
lots, signs and other structures shall be free of all weeds.
NNTTLANDS
Designated Wetland maintenance must be coordinated with City of Morro Bay Maintenance Staff
and within the State Fish and Game guidelines as stated on current maintenance permit.
RESTROOi\I
Restroom sanitation is the process of cleaning and sanitizing restrooms to keep them safe and in
proper working order. Cleaning and sanitizing is required daily.
Service and refill all dispensers to include soap, paper towel, toilet tissue; and empty sanitary
napkin and waste receptacles. Ensure all dispensers are in good working order and properly
cleaned.
Clean and disinfect toilets, urinal and wash basins. Liquid bowl cleaner shall be used as needed to
prevent stains and lime buildup.
Floors shall be swept daily and pressure washed as needed.
E
Attachment B
CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT
MAY 2014/2015
NAME: Cloisters Landscaping and Lighting Maintenance Assessment District
DIAGRAM: Attached
PLANS AND SPECIFICATIONS: Attached. No bonds or notes will be issued for this
Maintenance Assessment District.
ESTIMATED COST OF MAINTENANCE: The following outlines the estimated budget for
the maintenance of the Cloisters Park and Open Space for fiscal year 2014/15. It also provides a
look back at the three previous fiscal years including the current year with expensed as of April
30, 2014.
AocountDesv'rytion
t EnE of
FY 2011, 2012
O4�r1VT' End of
'- FY 20122013,
—
FY'2013-2014(YTD)-
FY 2014-2015(Estimate)
Personnel Costs
'$s,�r12278013
'Etr239602Ii
$' '3;178.24;;�
$ 4,600.00
Supplies,
$ '° 6;655'S8
$,lr;i2 405 51 ,
$ 1;883.33,.
$ 3,000.00
Contractual Services
$;48;562 5
s . .89 778:94'I
$ 60,887,00
$ 90,000.00
Other Professional Svc
$
246.00
$ 500.00
Utllit es -
$31,052 59 .
E E-= 24 437.82t
�$ '.., r .19;010.33 �
$ 28,000.00
Insurance
$I"I t���440000
S)'?iiT_ 300.00jj
$_ `225.00,
Other Expenses
$ '"'i1;970 0Z
$ 135 .29.
$ - 1,980.33 .
$ 3,000.00
Capital Reserve
`l:il��iUv 'a111
i$ „ '28 84042�.$
' . 20;400.00
$ 19,944.00
General Fund Subsidy
$�'(67;253 59)
'#19lri1;W,jph$j-� n
- -
Kustment to Cash basis from Accrual
q
ry,
E -3 569 06'
- -
TOTAL EXPENSE
$'R.148,94400
$-_''148,94400e
!$ ° `107;810.23''�.
$ 148,944.00
Capital Reserve Balanceg!�j`r+j(25271.3G'
46;671.36'
$ 66,616.36
Total Assessment
t$,'`i148,944.00$
..148 944:OO
$. -_ _ 148,944.00;
$ 148,944.00
Previous Years-
-
. FY 2013-2014 YTD and Estimates
j
Contract Services
Includes all daily and routine tasks as well as non -routine maintenance and repair costs.
Personnel Services
Includes contract supervision of daily and routine tasks as well as non -routine maintenance and
repair costs.
11
Supplies
Includes all supplies used in daily tasks as well as non -routine repair and maintenance.
Services
Includes utilities, engineering, insurance and structural repair.
Deferred i\Iaintenance
Accumulated funds to be directed at capital projects, Permits, and other one-time expenses
General Fund Subsidv
Funds provided by the General Fund to cover costs that exceed the annual assessment
Total Assessment Estimate:
S148,944
Per Parcel Yearly Assessment S148,944/120 parcels S 1,241.20
`,J
E
C�
RESOLUTION NO. 25-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING THE FINAL NIAP FOR TRACT 2870 FOR A 10-LOT
RESIDENTIAL SUBDIVISION KNIONVN AS SEASHELL ESTATES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on February 4, 2008, the Morro Bay Planning Commission held a public
hearing, received public testimony, and after closing the public hearing; fully considered the
various issues surrounding the case recommending to City Council approval of map for Vesting
Tentative Map for Tract 2870. associated development applications, and the California
Environmental Quality Act (CEQA); and
WHEREAS, on April li, 2009, City Council approved the Vesting Tentative Map for
Tract 2870, associated development applications, and the California Environmental Quality Act
(CEQA); and
WHEREAS, the sub -divider has since satisfied all Conditions of Approval and has
requested approval of the Final Map for recordation; and
WHEREAS, that approval is a ministerial act pursuant to the Cite of Morro Bay
Subdivision Ordinance and California Subdivision Map Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, the City hereby approves the Final Map for Tract 2870.
PASSED AND ADOPTED by the City Council of the City, of Morro Bay. California. at
a regular meeting held on the 22nd day of April 2014, by the following vote:
AYES: Irons, C. Johnson_. N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
— xdlm�
JAK41E BOUCHER, City Clerk
�1444 ;� 4k6�
JAi E L. IRONS, Mayor
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11
RESOLUTION NO. 26-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING DELEGATION OF AUTHORITY
FOR EXECUTING CALTRANS DOCUMENTS
THE CITY COUNCIL
City of Morro Bay, California
NVHEREAS, the City of Morro Bay is eligible to receive Federal and/or State
funding for certain transportation projects through the California Department of
Transportation (CalTrans); and
WHEREAS, Master Agreements; Program Supplemental Agreements,
cooperative Agreements, Right -of -Way Certifications, Fund Exchange Agreements,
Project Certifications and/or Fund Transfer Agreements need to be executed with the
California Department of Transportation before such funds can be claimed: and
WHEREAS; the City of Morro Bay wishes to delegate authorization to execute
these agreements, certifications and any amendments thereto to the City Engineer or his
designee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay. that the Citv Engineer or his designee is authorized to execute all Master
Agreements, Program Supplemental Agreements, Cooperative Agreements, Right -of -
Way Certifications, Fund Exchange Agreements, Project Certifications. Fund Transfer
Agreements and any amendments thereto with the California Department of
Transportation.
PASSED AND ADOPTED by the City Council of the Citv of Morro Bay at a
regular meeting thereof held on the 22❑d day of April; 2014 by the following vote:
AYES: Irons. C. Johnson, N
NOES: None
ABSENT: None
ATTEST:
JA E BOUCHER, City Clerk
Johnson. Lease. Smukler
J IE L. IRONS. Mayor
RESOLUTION NO. 24-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AUTHORIZING AND DIRECTING
MODIFICATIONS TO WATER CONSERVATION
REQUIREMENTS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on December 14, 2009, the City of Council adopted Resolution 64-10
directing the Public Services Director to set the water conservation level based upon State Water
Project allocations less than 35-percent; and
WHEREAS. at the Citv Council meeting on January 28. 2014. the Public Services
Director announced the City increased its level of water conservation from Moderately
Restricted to Severely Restricted water supply conditions based upon the anticipated State Water
Project allocation of 0-percent for 2014 along with Governor Browns emergency drought
declaration: and
® WHEREAS. Chapter 13.04 of the Morro Bay Municipal Code (MBMC) establishes the
Water Conservation Requirements and the Powers of the City Council; and
WHEREAS, MBMC subsection 13.04.345 C.l.c. states, when during severely restricted
water supply conditions exist, Washing cars by use of a hose is prohibited. Use of a bucket is
permitted subject to non -wasteful applications; and
WHEREAS. MBMC subsection 13.04.345 C.3.a. states, when during severely restricted
water supply conditions exist, Use offresh water to wash down boats. docks, or other incidental
activities is prohibited; and
WHEREAS. MBMC subsection 13.04345 C.3.b. states, when during severely restricted
water supply conditions exist. All hoses shall have spring -loaded shutoff- nozzles or similar
controlling devices; and
WHEREAS. MBMC subsection 13.04.330 E. allows City Council to provide for
exemptions to any conservation measure.
NOW, THEREFORE, BE IT RESOLVED, by the Cite Council. City of Morro Bay;
California, as follows:
Section 1. Pursuant to the authority in MBMC subsection 13.04.330 E.. use of hoses
® with spring loaded shut-off nozzles for the washing of vehicles, boats and docks will be allowed,
so long as only the minimum amount of potable water is used, and there are no other non -potable
water alternatives.
Section 2. As stated in MBMC subsection 13.04.250 E. and section 13.04.340, if a
® water customer of the City is excessively wasting water (including; but not limited to; water
running down gutters) and fails to correct that waste, the Public Services Director, and his/her
designee (the "Director'), are authorized and directed to turn off the water of that customer:
provided. that the Director shall not terminate any water service until the Director gives notice;
in writing, to that customer of the reasons for the proposed termination. and the customer fails to
correct that excessive waste or to provide evidence water was not being excessively wasted.
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council. at a
regular meeting held on this 8th day of April, 2014 by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smulder
NOES: None
ABSENT: None
ATTEST:
J e Boucher, City Clerk
11
Ja le L. Irons, Mavor
RESOLUTION NO. 23-14
RESOLUTION OF THE CITY COUNCIL
® OF THE CITY OF MORRO BAY, CALIFORNIA
DETERIMINING 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
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, Gregory Allen Willcutt and Kathryn Eileen Willcutt applied for a Department of
Alcoholic Beverage Control Permit for an On -Sale Wine Bar and Tasting Room located at 845
Embareadero Suite H; and,
WHEREAS, the permit is automatically denied by the Department of Alcoholic Beverage
Control due to an "undue concentration of alcohol licenses" in this census tract; and.
WHEREAS, in order for the Department of Alcoholic Beverage Control to issue the license,
the City Council must determine the public convenience or necessity would be served by issuance of
the license and pass a resolution stating such; and,
WHEREAS, after review by the Police Department there are no significant concerns in regard
to the opening of an On -Sale Wine Bar and Tasting Room at this location.
® Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
California:
Section 1. The City Council desires to support new businesses in Morro Bay that are in
conformance with the goals set by the City Council to "develop ways to be attractive to new
businesses."
Section 2. A business that will newly provide On -Sale Wine Bar and Tasting Room meets
those goals.
Section 3. Based on all the foregoing, the public convenience and necessity will be served by
issuance of a license from the Department of Alcoholic Beverage Control for an On -Sale Wine Bar
and Tasting Room at 845 Embarcadero Suite H.
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 April. 2014 on the following vote:
AYES: Irons, C. Johnson. N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
A
J IE L. IRONS_. Mayor
ATTEST:
JAIAt BOUCHER. City Clerk
Departir l of Alcoholic Beverage Control
INFORMATION AND INSTRUCTIONS -
SECTION 23958.4 B&P
State of California
EDMUND G. BROWN JR.. Govemor
Instructions This form is to be used for all applications for original issuance or premises to premises transfer of licenses.
Part I is to be completed by an ABC employee, given to applicant with pre -application package, with copy retained in
holding file or applicant's district file.
Part 2 is to be completed by the applicant, and returned to ABC.
Part 3 is to be completed by the local governing body or its designated subordinate officer or body, and retumed to ABC.
PART 1 - TO BE COMPLETED BY ABC
1. APPLICANTS NAME
WILLCUTT, Gregory Allen & WILLCUTT, Kathryn Eileen
2. PREMISES ADDRESS (Street:=toev and name, dry, zip pope) 3. LICENSE TYPE
845 Embarcadero Ste H, Morro Bay 93442-2175 1 42
Full Service Restaurant
E]Hofbrau/Cafeteria
Cocktail Lounge
Private Club
Deli or Specialty Restaurant
Comedy Club
Night Club
Veterans Club
Cafe/Coffee Shop
Brew Pub
Tavern: Beer
F]Fratemal Club
Bed & Breakfast:
Theater
Tavern: Beer & Wine
1XIWine Tasting Room
Wine only 0AII
Supermarket
FlMembership Store
EiService Station
Swap MeeUFlea Market
Liquor Store
Department Store
HConvenience Market
Drive-in Dairy
DDrugNadety Store
�FlorisUGik Shop
Convenience Market w/Gasoline
Other - describe:
5. COUNTY POPULATION
6. TOTAL NUMBER OF LICENSES IN COUNTY
[]On -Sale Off -Sale
7. RATIO OF LICENSES TO POPULATION IN COUNTY
[]On -Sale Off -Sale
8. CENSUS TRACT NUMBER
�106.03
9. NO. OF LICENSES ALLOWED IN CENSUS TRACT
3 [X]On-Sale Off -Sale
10. NO. OF LICENSES EXISTING IN CENSUS TRACT
39 X❑On-Sale -Off-Sale
,S THE ABOVE CENSUS TRACT OVERCONCENTRATED
WITH LICENSES? (ie.,
does the ratio of limnus to popNalion in Iha
census tray excxd the ratio of Bponses
W popula0on far the endue county
?
, the number of existing licenses exceeds the number allowed
the number of existing licenses is lower than the number allowed
12. DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS?
nYes (Go to Item #13) nNo (Go to Item #20)
13. CRIME REPORTING DISTRICT NUMBER 14. TOTAL NUMBER OF REPORTING DISTRICTS 15. TOTAL NUMBER OF OFFENSES IN ALL REPORTING DISTRICTS
Nj I N/A N/A
16, AVERAGE NO. OF OFFENSES PER DISTRICT 11, 120%OF AVERAGE NUMBER OF OFFENSES 18. TOTAL NUMBER OF OFFENSES IN REPORTING DISTRICT
I I N/A N/A
19. IS THE PREMISES LOCATED W A HIGH CRIME REPORTING DISTRICT7 (i.e.. has a 20% greater nianber of reported v4nes than the average ntanEer of reported Crimes as de:emdraM from all crane
repartvrg disaias widlin re, iurisdidion of Bte local law artforcement agency)
Yes, the total number of offenses in the reporting district equals or exceeds the total number in item #17
XINo, the total number of offenses in the reporting district is lower than the total number in item #17
20. CHECK THE BOX THAT APPLIES (Cteck only one pox)
a. If "No" is checked in both item #11 and item #19, Section 23958.4 B&P does not apph to this application, and no additional information will be needed
on this issue. Advise the applicant to bring this completed torte to ABC when filing the application.
b. If "Yes" is checked in either item #11 or item #19, and the applicant is applying for a non -retail license, a retail bona fide public eating place license, a
retail (Icense issued for a hotel, motel or other lodging�ablishmenl as defined in Section 25503.1Bfb) B&P, or a retail license issued in conjuction with a
beer manufacturers license, or winegrowers license, advise the applicant to complete Section 2 andd bring the completed form to ABC when filing the
application or as soon as possible thereafter.
Oc. If "Yes" is checked in either item #11 or item #19, and the applicant is applying for an off -sale beer and wine license, an off -sale general license, an on -
sale beer license, an on -sale beer and wine (public premises) license, or an on -sale general (public premises) license, advise the applicant to take this
form to the local coveminq bodv, or its designated subordinate officer or body to have them complete Section 3. The completed forth will need to be
provided to ABC in order to process
Body/Designated Subordinate Name: CITY OF MORRO BAY PLANNING DIRECTOR
RED BY (Name of Departornt Employee)
Rebecca Sunderhaus
ABC-245 (1
2 -'TO BE COMPLETED BY THE APPLICANT (If box #20b is checked)
21. Based on the information on the reverse, the Department may approve your application if you can show that public convenience or
necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justified in
771N )�LD '�"I y c C� .
22.
a 5-/ /4{
PART 3 - TO BE COMPLETED BY LOCAL OFFICIALS (If box #20c is checked)
The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e.,
an over -concentration of licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions
Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local
governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90
days of notification of a completed application that public convenience or necessity would be served by the issuance.
Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a signed
letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity.
[]No ❑ See Attached (i.e., letter, resolution, etc.)
25, ADDITIONAL COMMENTS, IF DESIRED (may include reasons for approval m denial of public mnverJenm or necessity):
OFFICIAL NAME 27. CITY/COUNTY OFFICIAL TITLE 2e. CITY/COUNTYOFFICIAL PHONENUME
�o�s M Qu Leto-o "7ri - -0
_1-f
RESOLUTION NO. 23-14
RESOLUTION OF THE CITY COUNCIL
® OF THE CITY OF MORRO BAY, CALIFORNIA
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
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, Gregory Allen Willcutt and Kathryn Eileen Willcutt applied for a Department of
Alcoholic Beverage Control Permit for an On -Sale Wine Bar and Tasting Room located at 845
Embarcadero Suite H; and,
WHEREAS, the permit is automatically denied by the Department of Alcoholic Beverage
Control due to an "undue concentration of alcohol licenses" in this census tract; and,
WHEREAS, in order for the Department of Alcoholic Beverage Control to issue the license,
the City Council must determine the public convenience or necessity would be served by issuance of
the license and pass a resolution stating such; and,
WHEREAS, after review by the Police Department there are no significant concerns in regard
to the opening of an On -Sale Wine Bar and Tasting Room at this location.
Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay,
California:
Section 1. The City Council desires to support new businesses in Mono Bay that are in
conformance with the goals set by the City Council to "develop ways to be attractive to new
businesses.
Section 2. A business that will newly provide On -Sale Wine Bar and Tasting Room meets
those goals. V
Section 3. Based on all the foregoing, the public convenience and necessity will be served by
issuance of a license from the Department of Alcoholic Beverage Control for an On -Sale Wine Bar
and Tasting Room at 845 Embarcadero Suite H.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 8" day of April, 2014 on the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
JA/M E L. IRONS. Mayor
ATTEST: V
JA BOUCHER, City Clerk
Department of Alcoholic Beverage Control State of California
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S)
ABC 211 (6/99)
TO: Department of Alcoholic Beverage Control File Number: 542351
3220 S HIGUERA ST Receipt Number: 2216975
STE 233 Geographical Code: 4006
SAN LUIS OBISPO, CA 93401 Copies Mailed Date: February 25, 2014
(805) 543-7183 Issued Date:
DISTRICT SERVING LOCATION
First Owner:
Name of Business:
Location of Business:
County:
Is Premise inside city limits?
Mailing Address:
(If different from
premises address)
Type of license(s): 42
SAN LUIS OBISPO
WILLCUTT, GREGORY ALLEN
WAVES WINE BAR
845 EM 3ARCADERO
STE H
MORRO BAY, CA 93442-2175
SAN LUIS OBISPO
Yes
Census Tract 0106.03
Transferor's license/name:
Dropping Partner:
Yes - No
License Tvoe Transaction Tyne
Fee Tyne
Master
Duo Date
Fee
42 - On -Sal: Beer And Wmt ANNUAL FEE
NA
Y
0 02/25/14
$261.00
42.On-Sale Beer And Wmt ORIGINAL FEES
NA
Y
0 02/25/14
$300.00
*A FEDERAL FINGERPRINTS
NA
N
2 02/25/14
$48.00
NA STATE FINGERPRINTS
NA
N
2 02/25/14
$78.00
Total
$687.00
Have you ever been convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act? No
Explain any "Yes' answer to the above questions on an attachment which shall be deemed part of this application.
Applicant agrees (a) that any manager employed in an on -sale licensed premises will have all the qualifications
of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the
Alcoholic Beverage Control Act.
STATE OF CALIFORNIA County of SAN LUIS OBISPO Date: February 25, 2014
Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive
officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the
foregoing and knows the contents thereof and that each of the above statements therein made are we; (3) that no person other than the applicant or
applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made,
(4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety
(90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or
transferor or to defraud or injure any creditor of transferor, (5) that the transfer application may be withdrawn by either the applicant or the licensee with
no resulting liability to the Department
Effective July 1, 2012, Revenue and Taxation Code Section 7057, authorizes the State Board of Equalization and the Franchise Tax Board to
share taxoayer information with Department of Alcoholic Beverage Control. The Department may suspend, revoke, and refuse to issue a license
if the licensee's name appears in the 500 largest tax delinquencies list. (Business and Professions Code Section 494.5.)
ApplicantName(s) , ApplicantSignature(s)
GREGORY ALLEN
KATHRYN EILEEN
RESOLUTION NO.22-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT
FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE
"LANDSCAPING AND LIGHTING ACT OF 1972"
(STREETS AND HIGHWAYS SECTIONS 22500 ET SEQ.)
THE CITY COUNCIL
City of Morro Bay, California
R'HEREAS, the City placed certain conditions on the development of Tract 2110 "North
Point," requiring formation of a property Landscaping and Lighting Maintenance Assessment
District encompassing and coterminous with the proposed subdivision to provide for the
maintenance of a natural area, parking lot; landscaping, decomposed granite and asphalt walkways,
and coastal access stairway and other common area improvements to be held by or dedicated to the
City of Morro Bay: and
WHEREAS, those conditions are more specifically identified in the Precise Plan (condition
F1-F7) related to North Point; and
® WHEREAS, the owners of the real property within the proposed district (the "Owners")
consented to the formation of the district pursuant to the Landscaping and Lighting Act of 1972
(Streets and Highways Code sections 22500 et seq.) (the "Act"), and are the only owners of property
to be subject to assessments within the district; and
WHEREAS, the Owners of real property within the proposed district offered in fee and in
perpetuity. Lot 11 of Tract 2110. and the City accepted that Offer of Dedication; provided, that the
cost of maintenance, thereof, would be bome by an assessment district as required by the Conditions
of Approval of North Point; and
WHEREAS, one hundred percent (100%) of the property owners approved formation of the
District to assure conformance with the "Right to Vote on Taxes Act" (Proposition 218, California
Constitution Act X1II, C & D).
NOW THEREFORE, BE IT RESOLVED by the City Council of the Citv of Morro Bay.
California:
The Citv Council of the City of Morro Bay hereby declares its intent to initiate the
proceedings to levy and collect assessments pursuant to the Act.
® 2. The improvements to be subject to assessment for maintenance by the District shall
include those enumerated in the conditions of approval of North Point and in Section
22525 of the Act, which were installed by the developer as a condition of approval of
Tract 2110 or which are hereafter installed by developer.- pursuant to the Final
Improvement Plans for North Point as approved by the City.
3. The Assessment District is a District located in the City of Morro Bay. County of San
Luis Obispo. A map showing the boundaries of the proposed District is attached as
Exhibit A which is hereby incorporated herein.
4. An Engineer's Report will be prepared for consideration at the May 13, 2014 City
Council meeting and that date is set for a public hearing to review that report.
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 April. 2014 by the following vote:
AYES: Irons, C. Johnson. N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
J ie L. Irons, Mayor
® ATTEST:
XIJ�L4�
J ie Boucher, City Clerk
u
MIBIT 'A'
NORTH' POINT NATURAL AREA
LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT
ASSESSMENT DIAGRAM
i NORTH POINT NATURAL AREA
20
1.10 ACr
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082
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HO AREA
1N OAEm
t¢�
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LEGEND
CITY Of MORRO BAY
._ 1. = LOT NUMBER
@ = COUNTY ASSESSORS PARCEL NUMBER
r.s
19 'p
9. s �f
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�. 6. TRACT 2110
5. 21
55
AC-
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® RESOLUTION NO.21-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT
FOR CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE
"LANDSCAPING AND LIGHTING ACT OF 1972"
(STREETS AND HIGHWAYS SECTIONS 22500 ET SEQ.)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council has placed certain conditions on the development of Tract
1996. The Cloisters; requiring formation of a property Maintenance Assessment District
encompassing and coterminous with the proposed subdivision to provide for the maintenance of a
public park, bicycle pathway, right-of-way landscaping, coastal access ways; ESH restoration area,
and other common area improvements to be held by or dedicated to the City of Morro Bay as
required by City Ordinance and:
WHEREAS, these conditions are more specifically identified in Vesting Tentative Tract
Map (condition l0e) and Precise Plan (condition 2c) as required by City Ordinance: and
WHEREAS, the owners of the real property within the proposed district (the "Owners')
have consented in writing to the formation of the district pursuant to the Landscaping and Lighting
Act of 1972 (Streets and Highways Code sections 22500 et seq.) (the "Act'), and are the only owners
of property to be.subject to assessments within the district: and
WHEREAS, the Owners of real property within the proposed district have dedicated in fee
and in perpetuity, Lot 121 (Parcel 1) and Lot 122 of Tract 1996, and the City has accepted that Offer
of Dedication: provided that the costs of maintenance thereof. are borne by an assessment district as
required by the Conditions of Approval of the project: and
WHEREAS, one hundred percent (100%) of the property owners approved formation of the
district to assure conformance with the "Right to Vote on Taxes Act' (Proposition 218. California
Constitution Act XI1I C & D).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay:
a. The City Council of the City of Morro Bay hereby declares its intent to initiate the
proceedings to levy and collect assessments pursuant to the Act.
u
® b. The improvements to be subject to assessment for maintenance by such District shall
include those enumerated in the conditions of project approval and in Section 22525
of the Act, which were installed by the developer as a condition of approval of Tract
1996; pursuant to the Final Improvement Plans for the Cloisters Project as approved
by the City.
c. The Assessment District is a District located in the City of Morro Bay. County of San
Luis Obispo. A map showing the boundaries of the proposed District is attached as
Exhibit A which is hereby incorporated herein.
d. An Engineer's Report will be prepared for consideration at a public hearing to be
held on May U. 2014. by the Citv Council.
e. This District is called the "Cloisters Landscaping and Lighting Maintenance
Assessment District."
PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 8 ° day of April, 2014 by the following vote:
AYES: Irons, C. Johnson, N
NOES: None
ABSENT: None
is
ATTEST:
JamiVBoucher, City Clerk
®.
Johnson. Leaee. Smukler
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J e L. Irons, Mayor
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RESOLUTION NO.20-14
® RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
REESTABLISHING THE CHAMBER OF COMMERCE ECONOMIC AND
BUSINESS DEVELOPMENT AGREEMENT AND WORK PLAN FOR FY 2013/14
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City, recognizing the need for continued development of the economic
base of the community is a municipal purpose, desires to provide for a coordinated effort to
encourage, promote, and foster the economic development of the community: and
WHEREAS. the Chamber has traditionally and actively promoted business development
and economic growth within the City for the purpose of creating jobs and expanding the tar
base, and as a result has obtained certain knowledge and expertise in this field of endeavor: and
WHEREAS, it is the desire of the parties that the entities involved in furthering the
economic well-being of the community maintain their historic effort in that regard while
combining their efforts for such purposes; so that an effective economic development program
for Morro Bay results: and
WHEREAS, the parties agree that these goals can best be accomplished through the
® operation of a program by the Chamber under the terms and conditions outlined, making use of
funds provided pursuant to this Agreement by the City to supplement the funds made available
by other public and private investors in the community economic development partnership.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay. California, that in consideration of the covenants and conditions stated in the Agreement,
and in consideration of the mutual benefits that accrue to each of the parties hereto, as well as to
the public good of all the citizens of Morro Bay, the parties do hereby agree the Economic and
Business Development Agreement and Fork Plan, a copy of which is attached to this
Resolution, between the City and Morro Bay Chamber of Commerce is reestablished for the
Fiscal Year 2013/14.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 8`11 day of April 2014, by the following vote:
AYES: Irons. C. Johnson, N. Johnson. Leage_. Smukler
NOES: None
ABSENT: None
J IE L. IRON'S_. Mayor
ATTEST:
® T�K BOUCHER, City Clerk
® RESOLUTION NO.19-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
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
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, a project to design and construct a Multi -Use Trail and Bridge
Project to connect both ends of the Embarcadero across Morro Creek has been approved
by City Council; and
WHEREAS, the optimal route for the Project passes through property owned by
D}negy Morro Bay LLC; and
WHEREAS, Dynegy Morro Bay LLC has agreed for a valuable consideration to
grant the City easement across their property for the purposes of constructing the Project.
® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay. California that the City Council hereby approves the purchase and authorizes
the Mayor to accept on behalf of the City an offer of dedication/grant of easement for
public right of way purposes from Dynegy Morro Bay LLC, through a parcel with the
Assessor's Parcel Number of 066-461-002.legally described on Exhibit "A" and depicted
on Exhibit `B". both attached. in a final form to be approved by the City Attomey.
PASSED AND ADOPTED by the Citv Council of the City of Morro Bay at a
regular meeting thereof held on the 11 m day of March. 2014 by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
JA IE L. IRONS. Ma or
ATTEST:
JAK41E BOUCHER, City Clerk
u
RECEIVED JULIE RODEWALD
SN
San Luis Obispo County—Clerk/Recorder
5/08/2014
hA AY q O N 14 Recorded at the request of
L 4
11:34 AM
F+ Public
®
RECORDING REQUESTED BY: and D D c 2014078088
Titles: 1
Pages: 13
R�EILi\lr1''106RDED MAIL TO:
public services
Engineer
I
IIIIII�IIIIII
I
IIIIII
IIIII
II
I IIIII
Taxes
0.09
CCity
ity of MorroBay Public Services
Others
0.00
955 Shasta Avenue
PAID
s0.00
Morro Bay, CA 93442
OFFER OF DEDICATION/DEED OF EASEMENT
(for public right-of-way purpose)
r1
U
is
For a valuable consideration, receipt of which is hereby acknowledged, DYNEGY
MORRO BAY, LLC, a Delaware Limited Liability Company, ("Dynegy Morro Bay, LLC") the
undersigned, being present fee title owner of record of the herein described parcel of land, does
hereby make an irrevocable offer of dedication, and hereby grants, to the City of Morro Bay and
its successors or assigns, an easement for public right-of-way, multi -purpose trail and/or utility
purposes (collectively, the "Public Right -of -Way"), in, over, under and across the real property
situated in the City of Morro Bay, County of San Luis Obispo, State of California, as legally
described in Exhibit "A" and shown on Exhibit `B" attached hereto.
Dynegy Morro Bay, LLC reserves to itself the ownership of any of its existing utilities
located within the Public Right -of -Way and the nonexclusive right to construct, install, maintain,
use, and replace under said Public Right -of -Way pipes, pipelines, and conduits for water, sewer,
power, stormwater, gas, cable, data lines, telephone, and other utility infrastructure that crosses
the Public Right -of -Way at an angle no less than thirty degrees and no more than one -hundred -
fifty degrees (as measured from one side of the Public Right -of -Way). Dynegy Morro Bay
LLC's options to install such underground infrastructure include the use of an augur boring
machine or by excavation. Dynegy Morro Bay, LLC's reserved rights in this paragraph are
appurtenant to the land described on Exhibit "C" attached hereto and incorporated herein, and
shall benefit the land described on said Exhibit "C."
Dynegy Morro Bay, LLC also reserves to itself, and its successors and assigns, (a) the
nonexclusive right to construct, install, maintain, use, and replace (the "Work") under said Public
All signatures shall be notarized
- `Right-of-Wayits power transmission lines and other utility- nfrastructttfe that cross"the Public —'
Right -of -Way at an angle no less than thirty degrees and no more than one -hundred -fifty degrees
(as measured from one side of the Public Right -of -Way) (the "Facilities"), and (b) the right to
cross the Public Right -of -Way using vehicles and construction equipment in conjunction with the
Work. Those rights shall be an in gross easement that benefits Dynegy Morro Bay, LLC, and its
successors and assigns, and includes the right to grant the privileges and rights herein reserved to
others, and to assign said privileges and rights. In the event Dynegy Morro Bay, LLC (or its
successors and assigns) exercises the foregoing right to do the Work relating to any of the
Facilities, it shall, as promptly as reasonably practicable: (a) repair any damage to the Pubic
Right -of -Way or any other portion of the City's property caused by such work; and (b) restore
the Public -Right -of -Way or such City property, as applicable, to substantially the same
condition it was in prior to commencement of such construction, installation, maintenance or
replacement activities.
It is understood and agreed the City of Morro Bay and its successors or assigns shall incur
no liability with respect to such offer of dedication, and shall not assume any responsibility for
the offered parcel of land until such offer has been accepted by appropriate action of the City of
Morro Bay and once accepted will assume the responsibility that may arise as a result of holding
or using the Public Right -of -Way.
The provisions hereof shall insure to the benefit of and be binding upon heirs, successors, .
assigns and personal representatives of the respective parties hereto.
OFFER OF DEDICATION/DEED OF EASEMENT
EXHIBIT A
LEGAL DESCRIPTION
That portion of land in the City of Morro Bay, County of San Luis Obispo, Stale of California described in
Certificate of Compliance recorded In Documents Number 2000-057384 of Official Records in the Office
of the County Recorder of said County lying westerly of the line described as following:
Commencing at the northerly terminus of the course in the southwesterly boundary line of the 48.7 acre
parcel of land described in the Deed to Pacific Gas and Elecldc Company recorded September 17, 1951,
In Book 628 of Official Records at Page 342 In the Office of the County Recorder of said County, which
course has a bearing of "North 53045' West and a distance of 884.13 feel"; thence, along said
southwesterly boundary line and Its southeasterly prolongation South 52`03'18" East (record North 53 45'
West per said Deed), a distance of 884.13 feet to a 1 inch iron pipe marking the southeasterly terminus of
said course; thence, North 38125'31" West, a distance of 2679.57 feet to the True Point of Beginning
(T.P.O.B.);thence,
1. South 7`00'49" East, a distance of 909.24 feet to the beginning of a curve concaved to the east
. having a radius of 267.00 feet; thence,
2. Southerly and southeasterly along said curve through a central angle of 33"28'42% an arc
distance of 156.01 feet, thence,
3. South 40°29'32" East, a distance of 51.39 feet to the beginning of a curve concaved to the
southwest having a radius of 113.00 feet; thence,
4. Southeasterly and southerly along the arc of said curve through a central angle of 08°33'44', an
arc.distance of 16.89 teal to the southerly line of the land described in said Certificates of
Compliance.
® The above -described property contains 32,112 sq.ft. more or less, and is shown graphically In Exhibit 6
attached hereto and incorporated herein by reference.
3•/0-
® N1201111311040-MonaCreek-Alulb-UsrTfall-And-Bddga�SumWDravMgs\Trm'I Easemenl revised.doc 3110/2014
PARCEL
:
FROM THE COUNTY OF SAN LOIS OB15
TO PACIFIC CAS AND ELECTRIC RECORI
IN BOOK 628 OF OFFICIAL RECORDS
PACE J42, SEPTEMBER 17, 1951.
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3765 South Higuera St., Ste.102, San Luis Obispo, CA 93401 3-�D
P: (805) 543.17941 R (805) 543-46091 eAwmmldesign.com
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EXHfBI.T.0
Parcel I
The parcelof Ind shown as Lot I on that certain Lot Line Adjustment designated Case No. LL 0 1-97
recorded on February 26, 1998.in the Official Records of San Luis Obispo County (the 'Lot Une
Adjustment") and more Wtia*ly described as frillows: All that. certain real property. situated in
:Sectiort-25, Towriship 29 South, Range 10,Easi, Mount Diablo . Base and Meridian, in the City of Morro
Bay, County of San Luis Obispo, State of California, described as follows:
Commencing at point of intersection of.the northerly right -of --way line ofSurf Street (formerly known
Scott
1. . gh
as Ninth Street) with the centerline of Scott Street (formerly -known as 'S" Street), as said streets are
delineated and so designated. on the Map of Atascaderd Beath, recorded July.2i 1917 in Book 2, Page
15 of Maps in the Office of the County Recorder ofsaid County, said.point also being the point of
beginning:o _ f the.48.7 acre
cre parcel ofland set forth in thequitclaim doed-from the County of San Luis
Obispo to the Pnific.Gas and Electric Company, a corpomfloa (P. G. &:E.), recorded September 25,
.1951, in the office of the County Recorder of said County in Book 628 of Official Records -at Page 342;
thence along the centerline of Scott .Stre6t North 8°07'26n West 126.01feet t6,the northeasterly comer
of that certain parcel of land described in the deed from P.G; & E. to the County of San Luis Obispo
recorded July 28, 1953, in the office of the County Recorder of said County, iti Volume 720 of Official.
Records at Pasaid_ 0 BEGINNING; thence leaving said
Page 69, point also being the TRUE POM OF BF
centerline of Scott Street, along the.northerly line of'the land described in last said deed South
88919'28" West 26938 feet ,to apoint on the centerline of Mesa Drive as said Drivt be ing so delineated
on - said Map, said. Point also being the northwesterly corner of the lands described in last said deed, and
being a point on the boundary line of said 4.8.7 -acre parcel; :thence along 'said boundary line South
87-15-33- West 192.67 feet; thence South 20*4810" East 122.10 feet to apoinvon thenorthirlyrigb17
of -way line of said Surf Street and the southerly boundary line of said 48.7 acre parcel; thence at 9119-
said noriherly right-of-way line and said southerly boundary line South 89*11':34" W-est362.73fect to
the southeasterly terminus oftliat certaih:courseln the.sou-thwesterl I y i bounda ry line of said 48.7 a I cre
parcel, said course having a bearing and distance of 'North 53*45'West 8 ' 84.13 feet" (North 53052?05"
West 884.13 feet for the purposes of this description); said point. alsob6q'the most easterly'borner
of the Parcel of Land described In the de6d-ffom the County of San Luis Obispo to P. G: & E,, recorded
January 26. 1 - 956,in theoffice, -of the county R&ordeiof - said county in Volume 833 of Official
Records at Page 525;;thence at right angles to Lwt'said.dotirse South .360,0.7'5.5West 190.66, feet to. a
point paihe-southwest6riyboundary lir!e.clf Tidelands Survey No. 14, rebottled,iriBook 4atpage 11
of Record ofSdveys in-tEd office -of the SanlAiis Obispo County Recoraeo office; thence0ong said
soifthwes.t.erly. boundary -North 59c39,45" West2ol.03 feet; -thence leaving said southwesterly boandary
North 36007'550 East 210,96 feetto a point on the'southwesterly boundary line of said 48.7 acre
parcel, said point being distant North 53*52'05" West 200.00 feet along 'said boundary r= from said
southeasterly terminus of the southwesterly boundary line of the 48.7 acre parcel; . thence along .the
southwesterly boundary of said 48.7 acre parcel North 53*52'05" West 684.13. fat; thence at.a tight
angle South 36*07'55West 36,55 feet to a pbint on the southwesterly boundary, line of the parcel of
land quitclaimed to. the County of San Luis Obispo by deed recorded August 1, 1949 in Bc;ok 530 at
0
EXHIBIT C
Pagclf4 of Official Records of said County; thence along last said southwesterly boundary North
7503T05" West 215.33 feet; thence North 36'07'55" East 449.34 feet; thence North 53052'05" West
286,04 feet;.thence North 30"58'19" West 175.66 feet thence North 21°19'19" West 543:47 feet to
apoint on the centerline. of 79th Street, as said 79th Street is shown on said Map of Atascadero Beach;
thence leaving the boundary of said 48.7 acre parcel, along the centerline of said 79th'Street South
81 "03'S0"West 4189 feet to a point of intersectionwith the centerline of `C"'Street, as said center►ine
is so delineated.on.said Map; thence along the t N centerline of said "C" Streeorth 8956'10" West
1,379.64.feet to a point of intersection with the.centediue of 70th Street, said 70th Street being so
delineated on said Map, thence continuing along said 70th Street North 81'03'50" East736.36 feet to
the southwesterly corner of Lot 27 of Block 28D of said Map, thence along the westerly line of Lot 27
and Lot 20 of said Block 28D North 8`56'10" West 149.96 feet to a point on the centerline of 69th
Street, said 69th Street being so delineated on said said point also tieing the northwesterly corner
of Lot 20; thence along said centerline of 69th Street North 81"03'50" East 175.26 feet to a point of
intersection with the centtrline of ")" Street, said 'U" Street being so delineated on said Map; thence
along said centerline of "V Street South 8056'10".East 10.00 feet to a'point of intersection with the.
westerly prolongation of the northerly line of Lot 6 of Block 27 of said:Map;. thence along said westerly
prolongation and the northerly line of.Lot 6 and the easterly prolongation, thereof North 81003'50"East
750.98 feet to -the northwesterly corner of the parcel of land described in the deed from. P. G. & E. to
the State of California recorded October 7; 1960 in the office of the County Recorder of said County
in Volume-:1687.of Official Records at Page 277, said northwesterly corner also tieing a point on the
westerly right-of-wayline of California State Highway 1 as shown on the California Department of
Transportation Right of: Way Map Sheets designated is postmile 29.6 and postmile 30.1 (sheets'27 and
28 of 33) on file in the office of the California Departmeut of Transportation District 5 Right -of -Way
Engineering Department in the City of San Luis Obispo, State of California; (hence along said westerly
rigbt;of--way line South 20'06'96" East556.31 feet; thence continuing along said westerly right-of-way
line South 23032'350 East>307.51 feet to the beginning of a non -tangent curve concave easterly having
a -radius of.4080.00 feet, to which a radial line bears South 67"54'00" West; thence continuing along
said westerly right.of--way line southeasterly along said curve through a_ central angle of 70 10'01" an
arc distance *of 510.35 feet; thence continuing along said westerly right -of --way line South 27012'08"
East 628.32 feet- thence continuing along said westerly right-of-way line South 44010'05" East 44.29
feet to a point intersection with the easterly'boundary line of the parcel of land described in the deed
from the State of .California to P. G, & E. recorded October 7, 1960, in the office of the County
Recorder,of said County; in Volume 1087 of Official Recordsat Page 273; thence leaving said westerly
right-of-wayline of Highway. I along last said easterly boundary line South 17619'03" Fast 136;90 feet;
thence continuing along said easterly boundary line.South 45'31'03" East 508;65 feet; thence South
34007'03" East 181.13 feetto,the most easterly corner of Lot 39 of Block 31 of said Map; thence along
the southeasterly line of said Lot 39., .last said line also being the northeasterly prolongation of the
centerline of Scott Street 'South 55°57'03" West 289.42 feet to the beginning of a tangent curve
concave southeasterly Laving a radius of 175.72 _feet; thence continuing along said centerline of Scott
Street southwesterly along said curve through a central angle of 39018'l0" an arc distance of 120.54
feet; thence continuing along said centerline South 16°38'53" West 0.26 feet to the beginning of a
tangent .curve concave northwesterly having a radius of 404.66 feet; thence continuing. along said
centerline southwesterly alorig said curve througb a central angle of 43'd 6'54" an arc distanceof 305.68
feet; thence continuing along said..centerline South 59055'47" West 15;07 feet to the beginning of a
tangent curve concave southeasterly haling a radius of 95.71 feet; thence continuing along said
0 . EXHIBIT C
-rqRtqline southwesterly and southerly along said curve through a central angle. of 68903'13" an arc
distance of 113.68 feet to the TICV&POINT OF BEGINNING.
ExcEPTVGTiIEREFROM that portion, described as follows: -
Commencing at the most easterly coiner of Lot 39 of.131ock 3.1 of said Map of Amscadero.,Beach, said
comer also being a point on theeasterly boundary- Ime of said deed recorded Octobef 7,1960; thence
along 'said easterly boundary line North 34'07'03- West 18,1.13 66ethencontinuing along said
easterly boundary . Jim North 45*31"63" West 300.40 feet to the TR thence POINT OF BEGINNING;
thenceleavirgsaid easterly boundary line North VVS6;, West51' feet-, thence North 80*32'04"
West 49.03 . ,f=4 thence North 72*44'42" West 3.529, fee;thence South - 89*09'33' West.47.97 feet;
thence South UeWkiiV-
atc& feet;. thence -South West 49..82 *L; "thence atright
angles to thai:ceiYarn coarsen xrwem A&I south -es- . w Wl yUunAary Uqe of,said 48�7 acre par6el said course.
id
having a bearing and, distanco of -Northbf 53P451- West 894.13 feet" (North 51*51'65" West 894,.13
Meet for the purp
Aes of� this description); South 3.6*OT 5" West 4 73.15'fee.t;,the6:6 at d ght angles
North 53'52'05" *cst 148.16 feet; thencz it right angles North 36*07'55" East 75.05 feet; thpare at
tight angles North 53*52?05" West 937;90 feet; thence it right angles South 360&13East 55". West 97.53
angles North 53'52'65'West 176.60 feet;.ftnce North 19035'2
feet;.thendc at right an t 254.47
'"
fee; thence.North 8*'25'31" Fast 80.98 feet., theumWorth 19*47'04" Eas(209.64 f6et;. thence at right
ang
les to said.southwesterly boundary Lim, North 36*07'55" East 139.02 feet; thence North 759191Y
East 421.36 fedi; thdr1co South 85.6,11'10' East 211.06 feet to the beginning of a fion-tangent curve
concave northeasterly . having aiWng a radius of 4080.00 feet, to. which a radial line bears South 62.051'50w
West, said. beginning point Ww being oil- said westerly right-of-way line of said California- -State
Highway 1; thence continuing along -said westerly right-bf-way line southeasterly along, said curve
ffi=gb a central angle of 2*07'51" an arc distance of 151.74 feet, thence. continuing along said
westerly right -of. -way line -South Zrivor fmt, 628.31 feet; thence continuing• along said westerly
right=of-way Line South 44° 10;OV East 44.29 feet to a point of intersection wi6the easterly boundary
line of the,parcel,of land described in the.deed dated October 7,A96o., thence leaving said westerly
right-.bf-way.1mie.of ffighv�iay-1 . alpWla:�,said.e,a.sterly-boundk.y line South 17'19'(13, East 136.90 feet-,
th eace W id 66ffily houidary li& South 450M'63" Eftgt 208-. feet
� to- . -ffie.TRUE
I C041,1114,13.9 , long SM
POINT'OF'BEGINNING.
Parcel (after exception) containing 1.07..35 acres more or less.
E�l
�11 �1 M
PARCEL 2; APN: 066-461-015
A Parcel of land in the County of San LuIs Obispo, State of Ca.IIfornia',
described as follows: -
Beginning at the intersection of the center lines of "C" Street and 79th Street,
as:. shown on the map of Atascadero Beach, recorded in Book, 2, Page 15 of Maps, in
the. Off ice of the County Recorder of said County; thence along the Westerly
prolongation of the center Ilne of said 79th Street,' South 81' 12' West, 200
`feet to. the. Easterly IIne oftheland descr.i.bed in Parcel 4 of the deed to the
County. of San Luls Obispo, recoeded.June 28, 1962 In.Book 1190, Page 29 of
Official Records, In the. Office of the County Recorder of said County; thence,
along the boundary of the land described in Parcel 4, as follows: ' .
South 8° W East, 18.02 feet, Southerly along a tangent curve, concave
Northeasterly, having a'radius of 550,0,0 feet, through a central angle of 44°
'57' 06", an arc distance of 431,-49 feet and tangent to said curve, South 53'-45'
East, 205.34-feet to the. -Northwesterly Ilne of the land described in the deed to
the County of San Luis Obispo recorded August 26, 1933 in Book 140, Page 58of
Official Records;
thence along said Northwesterly line, North 59' oa' East, 56.64 feet to the most
Northerly corner of the land described in said last mentioned deed'to the County
of San Luis Obispo;
thence North 21° 13' West, 543.47 feet to a. point on the center line of said
79th Street, that Is distant along Bald. center Ilne, South B1' 12' West', 868.56
feet from the,.most Northerly corner of Lot 1 In Block 31 of said Atascadero.
Beach;
thence along said center line of 79th Street; South B1° 12'West, 41.44 feet to
the Point of Beginning..
" Theabove described land Is a portion of the land shown on map filed In Book, 2;
Page 39 of Record of Surveys., in the Office of the County Recorder of said
County.
EXCEPTING therefrom that portion of said land Included within the lines of 79th
Street and " V Street as shown on said map of Atascadero Beach.
ALSO EXCEPTING therefrom all that land described as - Parcel 4 of Instrument
recorded June 28, 1662 in,Book 1190, Page 22 of Official Records.
ALSO EXCEPTINGtherefrom ail that land conveyed to Pacific Gas & Electric
Company by deed recorded -September 25, 1951 In Book 628, Page 342 of Official
Records.
Said land Is. described on certificate of compliance recorded October 4,. 2000 as
document number 57387 of Official Records. -
EXHIBIT C
Parcel APN:066-461-002
That portion of the Rancho Moro y Cayucos, in the City of Morro Bay, County of
® San Luis Obispo, State of California, described as Parcel 4 of the.deed to the
County of San Luis Obispo recorded June 29, 19U in Book 1190,. Page 22 of
Official Records, In the Office of the County Recorder of said County.
EXCEPTING therefrom that portion of said land lying Southeasterly of the
Northwesterly line of the land described in the deed to the. County of San Luis
Obispo recorded August 26, 1933 in Book 140,Page 58 of Official Records; in the
Office of the County Recorder of said County.
ALSO EXCEPTING therefrom those. portions of said land lying Southwesterly and
Southerly of the following described line:
Beginning :at the intersection of the center lines of "C" Street and 79th Street,
as shown on the map of Atascadero Beach, recorded in Book 2, Page 15 of Maps, ,In
the Office of the County Recorder of said County; thence along the Westerly
prolongation of the center line of said 79th Street, South'82' 49' 06" Nest,
513.37 feet to the -Northerly terminus of the course shown as "South 26' 23'
East, 1102.28 feet" on,the-mapfiled in Book 2, Page 39 of Record of Surveys, in
the Office of the County Recorder of said County; thence along said course,
South 240 42' 13" East, 173.90 feet to the True Point. of Beginning, being on a
non -tangent curve, concave Northeasterly, having a radius of 700 feet, a radial
line of said curve'to said point bears South 56° 33' 06" West;
thence Southeasterly along said curve through a central angle of 47" 51' 42", ar
arc distance of 584.74 feet to the beginning of a reverse curve, 'concave
Southerly, having .a radius of 600 feet;
thence Easterly along said reverse curve,through a central angle of-9' 58' 10",
an arc distance of 104.40 feettothe Northwesterly line -of theland-described
in the deed to the County of San Luis Obispo recorded August 26; 1933 in Book_
140, Page 58 of Official Records, in the Office of the County Recorder of said
isCounty.
ALSO EXCEPTING therefrom all of the land described as Parcels 1, 2 and 3 of
Description,D in instrument recorded August 1_, 1962 in Book 1194,'Page 584 of
Of Records.
Said property is also shown as Parcel 1 on Parcel Map recorded May 4, 1971 in
Book 6, Page 4 of Parcel Maps.
Said land is described in certificate of compliance recorded October 4, 2000 as
document number S7384 of Official Records.
® IN WITNESS WHEREOF, these presents have executed this instrument this a 8 day of
April 2014.
DYNEGY MORRO BAY, LLC, a Delaware Limited
Liability Company
By: qV \"-k, k1
DYNEGY MORRO BAY, LLC, a Delaware Limited
Liability Company
By:
11
OFFER OF DEDICATION/DEED OF EASEMENT
r�
STATE OF N eo -y o 0K
COUNTY OF 0\' r
This instrument was acknowledged before me on the aF5 day of April, 2014, by Martin Daley,
Vice President of Dynegy Morro Bay. LLC.
iVtary Public
LAUREN M. COLLINS
Notary Public, State of New York
Reg. #t01C06152810
Qualified in Ulster un
Seal Commission Expires a i
STATE OF T e y *S
COUNTY OF /4
This instrument was acknowledged before me on the 515�day of April; 2014, by
ALI U-S COS( of Dynegy Morro Bay, LLC.
Notary Public
® S 1+ • t•o,^ KATHERINE D. FISHER
Notary Public
STATE OF TEXAS
Cams .No�eMat&2016
0 CERTIFICATE OF ACCEPTANCE
This is to certiffi, the interest in real property conveyed by the Offer of Dedication/Deed of Easement
dated April _, 2014 from Dynegy Morro Bay, LLC to City of Morro Bay, a municipal corporation, is
hereby accepted by order of the City Council on March 11, 2014, pursuant to authority conferred by
resolution of the City Council adopted on March 14, 2014, and the grantee consents to recordation thereof
by its duly authorized officer.
Dated: April. 201 i CITY OF MORRO BAY
MA-1 51zo��
�O
ie L. Irons, Mayor
ATTEST:
Jamie Boucher, City Clerk
OFFER OF DEDICATION/DEED OF EASEME\'T
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California l
} County of San Luis Obispo JJJ ss.
On Ma 5 20I before me, Dana Swanson Notary Public
(Date)
personally appeared �aM' r L L r o na
(Signer/s)
who proved to me on the basis of satisfactory, evidence to be the person(o whose name(o is/ayf
subscribed to the within instrument and acknowledged to me that he/sl/e/thay executed the same
in his/hq'f/thjir authorized capacity(ie/), and that by his/Ilkr/t4ir signature(g) on the instrument
the person(o, or the entity upon behalf of which the person() 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.
WITNESS my hand and official seal.
(Signature of Notary Public)
My commission expires on 12/31/14.
DANA SWANSON
COMM. #1919584 m�
LOBISP
a Notary OaNtorNe
SAN LUtS O81&PO COUNiY
Comm DEC.31.2014
This area for official notarial seal.
OPTIONAL
77tough the it jormalion below, is not required by Imv, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this fonn to cutother document.
Description of Attached Document
Title of Type of Document:
Document Date-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner: ❑ Limited ff General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of pages
Top of thumb here
RESOLUTION NO. 18-14
RESOLUTION OF THE CITY COUNCIL OF THE
® CITY OF MORRO BAY, CALIFORNIA.
APPROVING THE MORRO BAY PARTNERSHIP POLICY
E
2
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS; the City of Morro Bay desires to partner with private, non-profit, or other
governmental entities for the development, design, construction and operation of possibly partnered
recreational facilities and/or programs that may occur on City property; and
WHEREAS, partnerships can accomplish tasks with limited resources, respond to compelling
issues, encourage cooperative interaction and conflict resolution, involve outside interests, and serve
as an education and outreach tool: and
WHEREAS, said policy will facilitate a mutually beneficial collaboration for all proposing
partners including the City, and particularly for the citizens of Morro Bay; and
WHEREAS, the Morro Bay Recreation and Parks Department is interested in promoting -
partnerships which involve cooperation among many partners, bringing resources together to
accomplish goals in a synergistic manner: and
WHEREAS, said partnering procedures established by the City would provide essential
background information regarding the needs and contributions of potential partners: and
WHEREAS, at their regular meeting on September 19, 2013 the Recreation and Parks
Commission voted unanimously to support the Partnership Policy and recommended City Council's
approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay,
California, hereby approves and adopts the Partnership Policy and the implementing procedures.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting
thereof held on the 11 m day of March 2014, on the following vote:
AYES: Irons. C. Johnson, N
NOES: None
ABSENT: None
ATTEST:
ln��
JANV BOUCHER, City Clerk
Johnson, Leage, Smukler
J IE L. IRONS. Mayor
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City of Morro Bay
Recreation and Parks Department
Partnership Policy
And
Proposal Format
Page 1
City of Morro Bay Recreation and Parks
Department Partnership Policy and
Proposal Format
Table of Contents
Part One Lau
I. The Morro Bay Recreation and Parks Department
Partnership Policy
A. Purpose 3
B. Background and Assumptions 4
C. Partnership Definition 5
D. Possible Types of Partners 6
E. Sponsorships 7
F. Limited Decision -Making Partnerships 7
G. Benefits of Partnerships 8
Il. The Partnering Process 9
I1I. The Partnership Evaluation Process
A. Mission and Goals 11
B. Other Considerations 11
C. Selection Criteria 13
D. Additional Assistance 14
Part Two
The "Proposed Partnership Outline Format' 15
Guiding Questions 16
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® I. Morro Bay Recreation and Parks Department Partnership Policy
A. Purpose
This policy is designed to guide the process for Morro Bay Recreation and Parks Department
in their desire to partner with private, non-profit, or other governmental entities for the
development, design, construction and operation of possibly partnered recreational facilities
and/or programs that may occur on City property.
Morro Bay Recreation and Parks Department would like to identify private, non-profit, and
governmental entities that are interested in proposing to partner with the City to develop
recreational facilities and/or programs. A major component in exploring any potential
partnership will be to identify additional collaborating partners that may help provide a
synergistic working relationship in terms of resources, community contributions; knowledge,
and political sensitivity. These partnerships should be mutually beneficial for all proposing
partners including the City, and particularly beneficial for the citizens of the community.
This policy document is designed to:
• Provide essential background information.
• Provide parameters for gathering information regarding the needs and contributions of
® potential partners, and
• Identify how the partnerships will benefit the Morro Bay Recreation and Parks Department and
the community.
Part TNvo: The "Proposed Partnership Outline Format", provides a format that is intended to
help guide Proposing Partners in creating a proposal for review by Morro Bay Recreation and
Parks Department staff.
B. Background and Assumptions
Partnerships are being used across the nation by governmental agencies in order to utilize
additional resources for their community's benefit. Examples of partnerships abound, and
encompass a broad spectrum of agreements and implementation. The most commonly
described partnership is between a public and a private entity, but partnerships also occur
between public entities and non-profit organizations and/or other governmental agencies.
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In order for partnerships to be successful, research has shown that the following elements
should be in place prior to partnership procurement:
• There must be support for the concept and process of partnering from the very highest
organizational level — i.e.: the City Council, Recreation and Parks Commission,
and/or department head.
• The most successful agencies have high-ranking officials that believe that they owe it to
their citizens to explore partnering opportunities whenever presented, those communities
both solicit partners and consider partnering requests brought to them.
• It is very important to have a Partnership Policy in place before partner procurement
begins. This allows the agency to be proactive rather than reactive when presented with a
partnership opportunity. It also sets a "level playing field" for all potential partners, so
that they can know and understand in advance the parameters and selection criteria for a
proposed partnership.
• A partnership policy and process should set development priorities and incorporate
multiple points for go/no-go. decisions.
• The partnership creation process should be a public process, with both Partners and the
Partnering Agency well aware in advance of the upcoming steps.
C. Partnership Definition
For purposes of this document and policy, a Proposed Partnership is defined as:
"An identified idea or concept involving Morro Bay Recreation and Parks Department
and for- profit, non-profit, and/or governmental entities, outlining the application of
combined resources to develop facilities, programs, and/or amenities for the City and its
citizens."
A partnership is a cooperative venture between two or more parties with a common goal, who
combine complementary resources to establish a mutual direction or complete a mutually
beneficial project. Partnerships can be facility -based or program -specific. The main goal for
Morro Bay Recreation and Parks Department partnerships is enhancing public offerings to meet
the mission and goals of the City. Morro Bay Recreation and Parks Department is interested in
promoting partnerships which involve cooperation among many partners, bringing resources
together to accomplish goals in a synergistic manner. Proposals that incorporate such
collaborative efforts will receive priority status.
Partnerships can accomplish tasks with limited resources, respond to compelling issues,
encourage cooperative interaction and conflict resolution, involve outside interests, and serve as
an education and outreach tool. Partnerships broaden ownership in various projects and increase
public support for community recreation goals. Partners often have flexibility to obtain and invest
resources/dollars on products or activities where municipal government may be limited.
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Partnerships can take the form of (1) cash gifts and donor programs, (2) improved access to
alternative funding, (3) property investments, (4) charitable trust funds, (5) labor, (6) materials.
® (7) equipment, (8) sponsorships, (9) technical skills and/or management skills, and other forms of
value. The effective use of volunteers also can figure significantly into developing partnerships.
Some partnerships involve active decision making; while in others; certain partners take a more
passive role. The following schematic shows the types of possible partnerships discussed in this
Policy:
El
Active
Parfnersh ins :.-
Management
Agreements
Program Partnerships.
Facility Leases
--Intergovernmental
`Agreements (IGAs)
JCIIIYLIl111lCLL =- '
=-Decigion
Making Partnerships
I. Sponsorships =
D. Possible Types of Active Partnerships
a..wulcu ucumuu-_�
Making
-Partnerships
Grant Programs _ -
Donor Programs
.Volunteer Programs
Morro Bay Recreation and Parks Department is interested in promoting collaborative partnerships
among multiple community organizations. Types of agreements for Proposed "Active"
Partnerships may include leases, contracts, sponsorship agreements, marketing agreements,
management agreements, joint -use agreements; inter -governmental agreements, or a combination
of these. An innovative and mutually beneficial partnership that does not fit into any of the
follo«ing categories may also be considered.
Proposed partnerships will be considered for facility; service, operations, and/or program
development including associated needs, such as parking, paving, fencing, drainage systems,
signage, outdoor restrooms. lighting, utilitv infrastructure. etc.
E. Sponsorships
Morro Bay Recreation and Parks Department is interested in actively procuring sponsorships for
facilities and programs as one type of beneficial partnership. Please see the Morro Bay
Recreation and Parks Department Sponsorship Policy for more information.
Page 5
F. Limited -Decision Making Partnerships: Donor, Volunteer, and Granting Programs
While this policy document focuses on the parameters for more active types of partnerships,
the City is interested in, and willing to discuss, a proposal for any of these types of
partnerships, and may create specific plans for such in the future.
G. Benefits of Partnerships with Morro Bay Recreation and Parks Department
The City expects that any Proposed Partnership will have benefits for all involved parties. Some
general expected benefits are:
Benefits for the City and the Community:
• Merging of resources to create a higher level of service and facility availability for
community members.
• Making alternative funding sources available for public community amenities.
• Tapping into the dynamic and entrepreneurial traits of private industry.
• Delivering services and facilities more efficiently by allowing for collaborative business
solutions to public organizational challenges.
• Meeting the needs of specific groups of users through the availability of land ifor
development and community use.
Benefrts for the Partners:
• Land and/or facility availability at a subsidized level for specific facility and/or program
needs.
• Sharing of the risk with an established stable governmental entity.
• Becoming part of a larger network of support for management and promotion of facilities
and programs.
• Availability of professional City recreation and planning experts to maximize the facilities
• and programs that may result
• Availability of City staff facilitation to help streamline the planning and operational efforts.
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® II. The Partnering Process (Checklist)
The steps for the creation of a partnership with the Nforro Bay Recreation and Parks
Department are as follows:
❑ A. Morro Bay Recreation and Parks Department will create a public notification process that
will help inform any and all interested partners of the availability of partnerships with the
City. This will be done through notification in area newspapers, City's website,
Department's distribution list, listing marketing efforts, or through any other notification
method that is applicable and feasible.
❑ B. The proposing partner takes the first step to propose partnering with the City. To help in
reviewing both the partnerships proposed, and the project to be developed in partnership,
the City asks for a Preliminary Proposal according to a specific format as outlined in Part
Two 0 Proposed Partnership Outline Format.
❑ C. If initial review of a Preliminary Proposal yields interest and appears to be mutually
beneficial based on the City Mission and Goals; and the Selection Criteria, a City staff or
appointed representative will be assigned to work with potential partners.
❑ D. The City representative is available to answer questions related to the creation of an initial
® proposal. and after initial interest has been indicated, will work with the proposing partner
to create a checklist of what actions need to take place next. Each project will have
distinctive planning, design, review and support issues. The City representative will
facilitate the process of determining how the partnership will address these issues. This
representative can also facilitate approvals and input from any involved City departments,
providing guidance for the partners as to necessary steps.
❑ E. An additional focus at this point will be determining whether this project is appropriate for
additional collaborative partnering, and whether this project should prompt the City to seek
a Request for Proposal (RFP) from competing/ collaborating organizations.
Request for Proposal (RFP) Trigger: In order to reduce concerns of unfair private
competition, if a proposed project involves partnering with a private "for -profit" entity and
a dollar amount greater than $5,000, and the City has not already undergone a public
process for solicitation of that particular type of partnership. the City will request
Partnership Proposals from other interested private entities for identical and/or
complementary facilities, programs or services. A selection of appropriate partners will be
part of the process.
❑ F. For some projects, a Formal Proposal from the partners for their desired development
project will need to be presented for the City's official development review processes and
approvals. The project may require approval by the Legal, Planning, Fire and Safety,
isFinance and/or other City Departments, Recreation and Parks Commission, Planning
Commission, The City Council, and/or the City Manager's Office, depending on project
Page 7
complexity and applicable City Charter provisions, ordinances or regulations. If these
reviews are necessary, provision to reimburse the City for its costs incurred in having a
representative facilitate the partnered project's passage through Development Review
should be included in the partnership proposal.
❑ G. Depending on project complexity and anticipated benefits, responsibilities for all action
points are negotiable, within the framework established by law, to assure the most efficient
and mutually beneficial outcome. Some projects may require that all technical and
professional expertise and staff resources come from outside the City's staff, while some
projects may proceed most efficiently if the City contributes staff resources to the
partnership.
❑ H. The partnership must cover the .costs the partnership incurs, regardless of how the
partnered project is staffed, and reflect those costs in its project proposal and budget. The
proposal for the partnered project should also discuss how staffing and expertise will be
provided, and what documents will be produced. If City staff resources are to be used by
the partnership, those costs should be allocated to the partnered project and charged to it.
❑ I. Specific Partnership Agreements appropriate to the project will be drafted jointly. There
is no specifically prescribed format for Partnership Agreements, which may take any of
several forms depending on what will accomplish the desired relationships among partners.
The agreements may be in the form of:
• Lease Agreements
• Management and/or Operating Agreements
• Maintenance Agreements
•. Intergovernmental Agreements (IGAs)
• Or a combination of these and/or other appropriate agreements
Proposed partnership agreement might include oversight of the development of the
partnership, concept plans and project master plans, environmental assessments,
architectural designs, development and design review, project management, and
construction documents, inspections contracting, monitoring, etc. Provision to fund the
costs and for reimbursing the City for its costs incurred in creating the partnership,
facilitating the project's passage through the Development Review Process, and completing
the required documents should be considered.
❑ J. If all is approved, the Partnership begins. The City is committed to upholding its
responsibilities to Partners from the initiation through the continuation of a partnership.
Evaluation will be an integral component of all Partnerships. The agreements should
outline who is responsible for evaluation; the types of measures used, and detail what will
occur should the evaluations reveal Partners are not meeting their Partnership obligations.
40
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® - III. The Partnership Evaluation Process
E
A. Mission Statements and Goals
All partnerships with Morro Bay Recreation and Parks Department should be in accord.with
the City's and the Recreation and Parks Department's Mission and Goals to indicate how a
proposed partnership for that Department would be preliminarily evaluated:
- OFITSFIFL41
1.
We are committed to providing quality recreational services; facilities, and parks necessary to
live a healthy and enriched life. We provide these services to our customers in a responsive
courteous manner. Our programs strive to build wellness in people; families, and the community.
"Creating Community through People; Parks and Programs'
• Help to build strong communities and neighborhoods
• Promote environmental stewardship through recycling and education
• Provide beautiful; safe; and functional parks and facilities that improve the lives of
all citizens
• Preserve cultural and historic features within the City's parks and recreation systems
• Provide a work environment for the Recreation & Parks Department staff that
encourages initiative, professional development, high morale, productivity,
teamwork, innovation, and excellence in management
B. Other Considerations
1. Costs for the Proposal Approval Process
For most proposed partnerships, there will be considerable staff time spent on the review and
approval process once a project passes the initial review stage. This time includes discussions
with Proposing Partners, exploration of synergistic partnering opportunities, possible RFP
processes. facilitation of the approval process, and assistance in writing and negotiating
agreements. contracting. etc. There may also be costs for construction and planning documents,
design work, and related needs and development review processes mandated by City
ordinances.
Successful Partnerships will take these costs into account and may plan for City Recovery of
some or all of these costs within the proposal framework. Some of these costs could be
® considered as construction expenses, reimbursed through a negotiated agreement once
operations begin, or covered through some other creative means.
Page 9
2. Land Use and/or Site Improvements
Some proposed partnerships may include facility and land use. Necessary site improvements
cannot be automatically assumed. Costs and responsibility for these improvements should be
considered in any Proposal. Some of the general and usual needs for public facilities that may not
be included as City contributions and may need to be negotiated for a project include:
• Any facilities or non-existent
infrastructure construction
• Roads or street improvements
• Maintenance to specified standards
• Staffing
• Parking
• Lighting
• Outdoor restrooms
• Water fountains
• Complementary uses of the site
• Utility improvements
• Custodial
• Trash removal
3. Need
The nature of provision of public services determines that certain activities will have a higher
need than others. Some activities serve a relatively small number of users and have a high facility
cost. Others serve a large number of users and are widely available from the private sector
because they are profitable. The determination of need for facilities and programs is an ongoing
discussion in public provision of programs and amenities. The project will be evaluated based on
how the project fulfills a public need.
4. Funding
Only when a Partnership Proposal demonstrates high unmet needs and high benefits for City
citizens, will the City consider contributing resources to a project. The City recommends that
Proposing Partners consider sources of potential funding. The more successful partnerships will .
have funding secured in advance. In most cases, Proposing Partners should consider funding and
cash flow for initial capital development, staffing, and ongoing operation and maintenance.
The details of approved and pending funding sources should be clearly identified in
a proposal.
For many partners, especially small private user groups, non-profit groups, and governmental
agencies, cash resources may be a limiting factor in the proposal. It may be a necessity for
partners to utilize alternative funding sources for resources to complete a proposed project.
Obtaining alternative funding often demands creativity, ingenuity, and persistence, but many
forms of funding are available.
Alternative funding can come from many sources, e.g. Sponsorships, Grants, Donor Programs,
and intemet searches can help with foundation and grant resources. Developing a solid leadership
team for a partnering organization will help find funding sources. In -kind contributions can, in
some cases, add additional funding.
L4 a
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All plans for using alternative funding should be clearly identified. The City's Sponsorship
® Policy, and partnered projects will be expected to adhere to this Policy. This includes the
necessity of having an Approved Sponsorship Plan -in place prior to procurement of sponsorships
for a Partnered Project.
C. Selection Criteria
In assessing a partnership opportunity to provide facilities and services, the City will consider
(as appropriate) the following criteria. The Proposed Partnership Outline Format in Part Two
provides a structure to use in creating a proposal. City staff and representatives will make an
evaluation by attempting to answer each of the following Guiding Questions:
• How does the project align with the City and affected Department's Mission Statement and
Goals?
• How does the proposed facility fit into the current City and the affected Department's Master
Plan?
• How does the facility/program meet the needs of City residents?
• How will the project generate more revenue and/or less cost per participant than the City
can provide with its own staff or facilities?
• What are the alternatives that currently exist, or have been considered, to serve the users
identified in this project?
• How much of the existing need is now being met within the City borders and within
adjacent cities?
® What is the number and demographic profile of participants who will be served?
How can the proposing partner assure the City of the long-term stability of the proposed
partnership, both for operations and for maintenance standards?
• How will the partnered project meet Americans with Disabilities Act and EEOC
requirements?
• How will the organization offer programs at reasonable and competitive costs for
participants
• What are the overall benefits for both the City and the Proposing Partners?
C
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Part Two
Morro Bay Recreation and Parks
Proposed Partnership Outline Format
Please provide as much information as possible in the following outline form.
I. Description of Proposing Organization:
• Name of Organization Purpose of Organization
• Years in Existence Services Provided
• Contact Name, Mailing Address, • Member/User/Customer Profiles
Physical Address, Phone, Fax, • Accomplishments
E-mail • Legal Status
II. Decision Making Authoritv
Who is authorized to negotiate.on behalf of the organization? Who or what group .
(i.e. Council/Commission/Board) is the final decision maker and can authorize the
funding commitment? What is the timeframe for decision making?
Summary of Proposal ( 100 words or less)
What is being proposed in terms of capital development, and program needs?
III. Benefits to the Partnering Organization
Why is your organization interested in partnering with the Morro Bay Recreation and Parks
Department? Please individually list and discuss the benefits (monetary and non -monetary) for
your organization
IV. Benefits to the Morro Bay Recreation and Parks Department
Please individually list and discuss the benefits (monetary and non -monetary) for the Morro Bay
Recreation and Parks Department and residents of the City.
V. Details (as currently known)
The following page lists a series of Guiding Questions to help you address details that can help
outline the benefits of a possible partnership. Please try to answer as many as possible.with
currently known information. Please include what your organization proposes to provide and what
is requested of Morro Bay Recreation and Parks Department. Please include (as known) initial plans
for your concept, operations, projected costs and revenues, staffing, and/or any scheduling or
maintenance needs, etc.
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Guiding Questions
Meeting the Needs of our Community:
•
In your experience; how does the project align with Recreation & Parks Department
goals?
•
How does the proposed program or facility meet a need for City residents?
•
Who will be the users? What is the projected number and profile of participants who
will be served?
•
What alternatives currently exist to serve the users identified in this project?
•
How much of the existing need is now being met? What is the availability of similar
programs elsewhere in the community?
•
Do the programs provide opportunities for entry-level, intermediate, and/or expert
skill levels?
•
How does this project incorporate environmentally sustainable practices?
The Financial Aspect:
•
Can the project generate more revenue and/or less cost per participant than the City
can provide with its own staff or facilities? If not, why should the City partner on
this project?
•
Will your organization offer programs at reasonable and competitive costs for all
participants? What are the anticipated prices for participants?
•
What resources are expected to come from the Recreation & Parks Department?
•
Will there be a monetary benefit for the City, and if so, how- and how much?
Logistics:
•
How much space do you need? What type of space?
•
What is critical related to location?
•
What is your proposed timeline?
•
What are your projected hours of operations?
•
What are your initial staffing projections?
•
Are there any mutually -beneficial cooperative marketing benefits?
•
What types of insurance will be needed and who will be responsible for acquiring and
paving premiums on the policies?
•
What is your organization's experience in providing this tvpe of facility/program?
•
How will your organization meet Americans with Disabilities Act and EEOC
y
requirements?
Agreements and Evaluation:
•
How, by whom, and at what intervals should the project be evaluated?
•
How can you assure the City of long-term stability of your organization?
•
What types and length of agreements should be used for this project?
•
What types of "exit strategies' should we include?
is
Page 13
® RESOLUTION NO.17-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AUTHORIZING AND DIRECTING ATIVE YEAR
TIME SCHEDULE FOR THE DEVELOPMENT,
DESIGN, PERMITTING AND CONSTRUCTION OF
A NEW WATER RECLAMATION FACILITY
SERVING MORRO BAY
THE CITY COUNCIL
Cite of Morro Bay, California
WHEREAS, the Citv of Morro Bav has an existing Wastewater Treatment Plant that
requires replacement; and
*VHEREAS, on January 10, 2013 the California Coastal Commission ruled to deny the
City of Morro Bay's application number A-3-MBR-11-001 to build a new WWTP at the current
location siting coastal and flood plain hazards: and
WHEREAS, it has been determined to be in the best interest of Morro Bay to construct a
® new Water Reclamation Facility that complies with the California Coastal Commissions actions
on January 10, 2013: and
WHEREAS. on December 10, 2013 City Council received a Water Reclamation Facility
(WRF) Site Options Report from John Rickenbach Consulting that identified seven site options
to locate a new WRF; and
WHEREAS, on January 14, 2014 the City of Morro Bay adopted a Climate Action Plan
and recognizes the value of water reclamation in minimizing the production of greenhouse gases
through the development of a local water supply; and
WHEREAS; it is in the best financial interest of the community to minimize the major
maintenance and repair costs at the existing wastewater treatment plant; and
WHEREAS; the Central Coast Regional Water Quality Control Board can issue a
secondary discharge permit with interim effluent limitations for the existing wastewater
treatment plant for a period not exceeding five years.
NOW, THEREFORE, BE IT RESOLVED; that the City Council. City of Morro Bay.
- California_ does hereby commit to have a new Water Reclamation Facility. at a new location,
operational prior to the expiration of the discharge permit for the existing wastewater treatment
plant, being five years more or less. and
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® BE IT FURTHER RESOLVED, that the Public Services Director is authorized and
directed to procure and execute any contracts for required consultant services; up to the limits
specified in the City of Morro Bay Policy and Procedure for Hiring Consultants which states
that if the cost for said consultant services exceeds S175,000: then said agreement shall be
approved by the City Council, and
BE IT FURTHER RESOLVED, that the City of Morro Bay will pursue all options to
obtain grant funds and other financing opportunities and coordinate with State and Federal
Agencies to minimize the costs of a New Water Reclamation Facility to the rate payers.
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council; at a
regular meeting held on this 25th day of February; 2014 by the following vote. -
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ATTEST:
5 "JJ-37 �
® Jamie Boucher, City Clerk
1
JV L. Irons, Mayor
® RESOLUTION NO. 16-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
ESTABLISHING A POLICY TO GUIDE
THE INSTALLATION OF STOP SIGNS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS. City residents, land owners and business tenants periodically request that
the Public Services Department install stop signs at specific locations to control vehicle traffic;
and
WHEREAS, the City Engineer applies criteria ("warrants") used by the engineering
profession to determine if traffic conditions warrant the installation of a stop sign at particular
locations; and
WHEREAS, residents and owners of residential properties may desire the installation of
stop signs at locations where standard warrants are not met but where managing traffic continues
to be a neighborhood concern; and
® WHEREAS, the installation of stop signs and policies that guide their installation are
exempt from the provisions of the California Environmental Quality Act (CEQA).
NOW TIIEREFORE BE IT RESOLVED by the Council of the City of Morro Bay as
follows:
To adopt the following policy and direct the Public Services Director/City Engineer to
initiate immediate implementation:
The following policy will guide the Public Services Department in responding to citi=en requests
for installing stop signs. This policy applies to the installation of individual stop signs: it does
not apply to the design ofsolutions to address area wide traffic problems.
COMMERCIAL/INDUSTRIAL/MULTI-FAMILY ZONING DISTRICTS
Installation of stop signs in commercial areas; and on collector and arterial streets shall meet
traffic warrants specified in the California Manual of Uniform Traffic Control Devices
(CMUTCD) as determined by the City Engineer.
RESIDENTIAL SINGLE FAMILY/DUPLEX ZONING DISTRICTS (R-1, R-2, RA only)
Installation of stop signs in residential areas will be considered when traffic conditions meet
® warrants as specified in the CMUTCD as determined by the City Engineer, or when all of the
following have been met:
Stop Sign Policy
Paae 2
A. The stop sign is on a street designated by the Circulation Element as a "local" street and is
fronted by property zoned for single family or duplex residential (RA, R-I, R-2) housing:
and
B. The resident requesting the installation petitions households within a 300 feet radius of
the proposed stop sign location and submits petition results to the Public Services
Department: and
C. The City Engineer determines that the petition results show that at least 70% of the
households within a 300 feet radius of the proposed stop sign support the stop sign
installation; and
D. The City Engineer finds that the cumulative impact of installing multiple stop signs along
a local street will not limit options for managing traffic or divert traffic to other local
streets in the area or cause traffic standards by the Circulation Element to be exceeded;
and:
E. When approved by Resolution of the City Council.
COST OF INSTALLATION AND MAINTENANCE
® A. When traffic conditions meet warrants. the Citv will install the sign and associated legend
at its cost.
B. When traffic conditions do not meet warrants. the requesting resident(s) shall pay the City
for all associated installation costs of the stop sign. Once installed. the City will be
responsible for ongoing maintenance.
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a
regular meeting held on this 11 th day of February, 2014 by the following vote:
AYES: Irons. C. Johnson, Leage, Smukler
NOES: N. Johnson y
ABSENT: None
J to L. Irons, Mayor
ATTEST:
® J E BOUCHER, City Clerk
RESOLUTION NO. 15-14
® A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AUTHORIZING AND DIRECTING THE INSTALLATION
OF STOP SIGNS ON FRESNO AVENUE AND MARINA STREET
THE CITY COUNCIL
Cite of Morro Bay, California
WHEREAS. the intersection of Fresno Avenue and Marina Street is under the exclusive
jurisdiction of the City of Morro Bay; and
WHEREAS. it has been determined to be in the best interest of public health, safety; and
welfare to install additional stop signs at these intersections: and
WHEREAS, California Vehicle Code Section 21J54 provides for said installations
through the designation of a stop intersection and installation of stop signs at one or more
entrances under its jurisdiction; and
WHEREAS. Morro Bay Municipal Code Section 10.08.080 states. the City Council shall
have the power to place and maintain or cause to be placed or maintained official traffic -control
devices when and as required as it deems necessary to regulate traffic under this chapter or under
the state law, or to guide or warn traffic; and
WHEREAS, the City Council has determined that it is appropriate to assign right-of-way
at the intersection of Fresno Avenue and Marina Street due to limited sight distances and other
functional concerns.
NOW, THEREFORE, BE IT RESOLVED, by the City Council. City of Morro Bay.
California. that the intersection of Fresno Avenue and Marina Street is hereby designated as a 2-
way stop intersection hereto. v
BE IT FURTHER RESOLVED. that the Department of Public Services be authorized
and directed to install appropriate delineation and signs on Manna Street to reflect these added
restrictions and limitations.
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular
meeting held on this 11 th day of February, 2014 by the following vote:
AYES: Irons. C. Johnson, Leage. Smukler
NOES: N. Johnson
ABSENT: None
® ATTEST:
(�
-9?�
JA BOUCHER, City Clerk
Jaie L. Irons. Mayor
® RESOLUTION NO.14-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING THE 2013 ANNUAL WATER PROGRESS REPORT
AND ADOPTING A WATER ALLOCATION PROGRAIM FOR 2014
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code, calls for the City Council
of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the
Public Services Director after review by the City of Morro Bay Planning Commission and Public
Works Advisory Board: and
WHEREAS, the Local Coastal Program Land Use Plan and Ordinance Number 266,
requires the City Council to set an annual limit on new residential units and to prescribe the mix
of multi -family and single family residences allowed within that limit; and
® WHEREAS, on January 17. 2014 California Governor Jerry Brown declared a water
emergency, due to drought conditions; calling for a voluntary 20-percent reduction in water
consumption; and
WHEREAS, on January 22. 2014 the City of Morro Bay implemented Mandatory Water
Conservation Requirements for Severely Restricted Water Supply Conditions: and
WHEREAS, on January 31. 2014, County staff informed the City of Morro Bay that the
State Water Project allocation for 2014 is now officially at 0-percent, and only stored water is
available to meet delivery requests; and
WHEREAS. on the I Ph day of February. 2014 the City Council did hold a duly noticed
Public Hearing on the 2013 Annual Water Progress Report and the proposed 2014 Water
Allocation Program.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro
Bay. California, as follows:
A. The City Council of the City of Morro Bay hereby receives and accepts the 2013
Annual Progress Water Report as submitted by the Public Services Director, as incorporated
herein as if attached hereto: and
® B. A Water Allocation Program for the year 2014 is hereby adopted by the City Council of
l� the City of Morro Bay containing the following elements:
11
2011 Annual Water Progress Report R
Residential Allocation for 2014
Page 2
Allocate the mix of residential units to 60 percent single-family and 40 percent
multi -family units; and authorize the corresponding water equivalency allocation for
residential uses at 50 Water Equivalency Units;
2. Process Residential Allocations limits on a first -come/ first -serve basis. based on
the priorities contained in the current General Plan and Local Coastal Plan policies.
Unused multiple family residential WEU's may be rolled over to single family
dwellings after September 30. 2013:
3. Authorize allocation of 130% of the residential water equivalency units to
commercial and industrial projects; within the priority categories consistent with the
current Local Coastal Plan and General Plan policies;
4. The potential for rolling over unused water allocations to next year is not precluded
by this action; and
PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a
regular meeting held on this 11 th day of February. 2014 by the following vote:
AYES: Irons, C. Johnson, N. Johnson. Leage
is AYES:
Smukler `
ABSENT: None
ATTEST:
V�
J i oucher, City Clerk
CJ
4R'� J. 422IM2
Je L. Irons, Mayor
® RESOLUTION NO.13-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AUTHORIZING THE 2013/14 MID -YEAR AMENDMENTS TO THE CITY'S
OPERATING AND CAPITAL IMPROVEMENT BUDGETS
THE CITY COUNCIL
Cite of Morro Bay, California
WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to
conduct its day-to-day business activities: and
WHEREAS, the City Council adopted the original Operating and Capital Improvement
Budgets on June 25, 2013 by Resolution No. 37-1 3; and
WHEREAS. the City Council deems it necessary to amend said budgets.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California, that the operating budgets of the City of Morro Bay are amended by the
® additional revenues and expenditures as shown on the attached schedule.
PASSED AND ADOPTED by the Cit}• Council of the City of Morro Bay at a regular
meeting thereof held on the I I m day of February 2014, by the following vote:
AYES: Irons. C. Johnson, Smukler
NOES: N. Johnson, Leage
ABSENT: None
ATTEST:
JApt BOUCHER, City Clerk
n
LJ
J f1E L. IRONS. Mayor
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0 RESOLUTION NO. 12-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
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
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, Jay and Mereline Coakley are the current. lessees of Lease Site
30W-33W since 2003 and are tenants in good standing: and
WHEREAS, the Coakleys are currently the upland property owners of 201 Main
Street adjacent to the northern portion of Lease Site 30W-33 W; and
® WIIEREAS, the Coakleys are selling their upland property and have applied for
assignment of the Master Lease for Lease Site 30W-33W to Bruce Foster and Dean
Marchant: and
WHEREAS. Bruce Foster and Dean Marchant are currently in escrow on said
property; and
WHEREAS in accordance with the Citv's Master Lease Policy. the Ciry and
Bruce Foster and Dean Marchant have agreed to a new 20-year Master Lease for Lease
Site 30W-33W located at 201 MainStreetincluding certain improvements and
adjustments of the Lease Site boundaries.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, that the attached Assignment and Assumption Agreement of
Lease Site 30W-33W from. Jay and Mereline Coakley to Bruce Foster and Dean
Marchant is hereby approved; and
BE IT FURTHER RESOLVED, by the City Council of the City of Morro Bay,
California, that the attached new Lease Agreement for Lease Site 30W-33W is hereby
approved; and
11
BE IT FURTHER RESOLVED, that said Assignment and Assumption
Agreement and new Lease Agreement approvals are both contingent upon successful
closing of escrow between Jay and Mereline Coakley and Bruce Foster and Dean
Marchant for the real property transaction on the adjacent upland property located at 201
Main Street; and
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute
said Assignment and Assumption Agreement and Lease Agreement by signing both
agreements in escrow and contingent upon closing of escrow on said upland real property
sales transaction.
PASSED AND ADOPTED by the Citv Council of the City of Morro Bav at a
regular meeting thereof held on the 28th day of January. 2014 on the following vote:
AYES: Irons. C. Johnson_. N
NOES: None
ABSENT: None
ATTEST:
) a-nz��
Jarnk Boucher, C
D
Johnson, Leage, Smukler
?Je L. Irons, Mav
11
This document is recorded for the
Benefit of the City of Morro Bay
and is exempt from recording fees,
pursuant to Government Code Sections
6103 and 27383.
RECORDING REQUESTED BY:
City of Morro Bay
WHEN RECORDED MAIL TO:
City of Morro Bay
City Attorney
595 Harbor Street
Morro Bay, CA 93442
Space above reserved for use of
County Recorder
ASSIGNMENT AND ASSUMPTION AGREEMENT
This assignment is made and entered into this3o1 day of S6ir) , 2014. by and between Jay
and Mereline Coakley, (hereinafter referred to as "Assignor") and Bruce Foster and Dean Marchant
(hereinafter referred to as "Assignees').
1. Assignor hereby assigns all rights, title and interest they have in the lease from the City
of Morro Bav, known as Morro Bay Lease Site 30W-33W, under the Master Lease dated
May 19, 1964, Resolution 76-533 dated July 26, 1976, Amendment 'l approved April
21, 1981, and Amendment 92 approved December 10, 2007.
2. Assignee acknowledges that any assignment of the Master Lease is subject to prior
approval by the City of Morro Bay City Council and is also subject to prior execution .
between Assignor and Assignees. The City Council of Morro Bay approved lease
assignment by Resolution 12-14 on January 28, 2014.
3. Assignees agree to comply with terms and conditions of the Master Lease dated Mav 19,
1964, Resolution 76-533 dated July 26, 1976, Amendment 91 approved April 21, 1981:
and Amendment #2 approved December 10, 2007 and to assume all liabilities under the
Master Lease, to defend, indemnify and hold the City free and harmless from and against,
any and all claims, lawsuits, costs and expenses, including reasonable attorney's fees and
court costs arising from, or in any way related to, holding, using or operating the leased
premises, and further agree to maintain liability insurance in the manner, form and
amount required by the Master Lease dated May 19, 1964, with the City of Morro Bay
included as an additional insured without the offset against the City's insurance.
Assignor confirms to the City that he has no actual knowledge or reasonable cause to believe that any
®release of hazardous substance has come to be located on/or beneath the real property during the term of
Assignors occupation of the lease that has not been reported pursuant to Health & Safety code 9253597.
Page 1 of 2
® Dated: 0
Dated: l - 3 0 - 1
Mereline Coakley
Consent to Assignment & Assumptions of all liabilities under the Lease Agreement
Dated
Bruce Foster
Dated:
Susan Foster
Dated:
Dean Marchant
Dated:
Carly Marchant
® The City of Morro Bay, Lessor named in the Master Lease; consents to the Assignment upon the
conditions set forth above. The City also consents to the agreement by Assignees to assume, on January
28, 2014, the payment of rent and performance of all duties and obligations including all percentage of
gross sales rent as set forth in the Master Lease which has been approved by the Morro Bay City
Council prior to this agreement.
City of Morro Bay
Dated: &'t 31 2014
APPR VED AS TO FORM
e Russell. INTERIM CITY ATTORNEY
El
By: Jamie L. Irons, Mayor
City of Morro Bay
Page 2 of 2
state of California )
County of San Luis Obisoo )
On January 30 2014 before me,
Colleen E. Childres Notary Public (here insert name and title of the officer),
personally appeared Jay Coakley and Mereline Coakley,
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 person(s) 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.
WITNESS haa�ndd/�and official
Si natur /� ` �j� 2—a eal) Commission # 20 5023
9
� v faotary public • California Z
San Luis Obispo C"
Comm =Jan 29, 2018 r
(notary)(12-07)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
ss.
County of San Luis Obispo
On 'mob -Lo I before me, Dana Swanson. Notary Public
(Date)
personally appeared
O_V%�i C
(Signer/s)
who proved to me on the basis of satisfactory evidence to be the personO whose name(o is/aI6
subscribed to the within instrument and acknowledged to me that he/syfe/they executed the same
in his/l*r/thor authorized capacity(id), and that by his/hkth* signature(g) on the instrument
the person(, or the entity upon behalf of which the person( 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.
WITNESS my hand and official seal.
jdvsm-
v (tgnature of Notary Public)
My commission expires on 12/31/14.
OPTIONAL
DANA SWANSON
COMM. #19195u M
w Navy PubliaC+6ton+ia !9
SM WIS OBISPO COUNTY
Ifew Cams jA DEC.312014
This area for official notarial seal.
Though the it formation below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudalent removal and reattachment of this fonn to another document.
Description of Attached Document
Title of Type of Document: rt 91 4-k kc,n r
Document Date: 7Ta 90
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: l dMi C, I w bk
❑ Individual
Corporate Officer —Title(s): f
❑ Partner: ❑ Limited ❑ Ge eras
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number
a
Top of thumb here
C
I�
L
r�1
LJ
This document is recorded for the
Benefit of the City of Morro Bay
and is exempt from recording fees,
pursuant to Government Code Sections
6103 and 27383.
RECORDING REQUESTED BY:
City of Morro Bay
WHEN RECORDED MAIL TO:
City of Morro Bay
City Attorney
595 Harbor Street
Morro Bay, CA 93442
Space above reserved for use of
County Recorder
ASSIGNMENT AND ASSUMPTION AGREEMENT
This assignment is made and entered into this V day of 2014, by and between Jay
and Mereline Coakley, (hereinafter referred to as "Assignor") and ruce Foster and Dean. Marchant
(hereinafter referred to as "Assignees").
1. Assignor hereby assigns all rights, title and interest they have in the lease from the City
of Morro Bay, known as Morro Bay Lease Site 30W-33 W, under the Master Lease dated
May 19, 1964, Resolution 76-533 dated July 26, 1976, Amendment #1 approved April
21, 1981, and Amendment #2 approved December 10, 2007.
2. Assignee acknowledges that any assignment of the Master Lease is subject to prior
approval by the City of Morro Bay City Council and is also subject to prior execution
between Assignor and Assignees. The City Council of Morro Bay approved lease
assignment by Resolution 12-14 on January 28, 2014.
3. Assignees agree to comply with terms and conditions of the Master Lease dated May 19,
1964, Resolution 76-533 dated July 26, 1976, Amendment #1 approved April 21, 1981,
and Amendment 92 approved December 10, 2007 and to assume all liabilities under the
Master Lease, to defend, indemnify and hold the City free and harmless from and against,
any and all claims, lawsuits, costs and expenses, including reasonable attorney's fees and
court costs arising from, or in any way related to, holding, using or operating the leased
premises, and further agree to maintain liability insurance in the manner, form and
amount required by the Master Lease dated May 19, 1964, with the City of Morro Bay
included as an additional insured without the offset against the City's insurance.
Assignor confirms to the City that he has no actual knowledge or reasonable cause to believe that any
release of hazardous substance has come to be located on/or beneath the real property during the term of
Assignor's occupation of the lease that has not been reported pursuant to Health & Safety code 9253597.
Page 1 of 2
Dated:
Dated: % - ,30 - I
Mereline Coakley
Consent to Assignment & Assumptions of all liabilities under the Lease A e�bnt
Dated:
c Oster
Dated:/ J
Dated: 1 / 3 C7 /
Dated: _ 0
SEE q
FORNOT� FCIf D E
The City of Morro Bay, Lessor named in the Master Lease, consents to the Assignment upon the
conditions set forth above. The City also consents to the agreement by Assignees to assume, on January
28, 2014, the payment of rent and performance of all duties and obligations including all percentage of
gross sales rent as set forth in the Master Lease which has been approved by the Morro Bay City
Council prior to this agreement.
Dated:
AP
PRCD AS TO FORM:
e Russell, fNTERIM CITY ATTORNEY
City of Morro Bay
By: Jamie L. Irons, Mayor
City of Morro Bay
Page 2 of 2
ACKNOWLEDGMENT
c ecreerc recec[ccccc[ceer[e[re ecrceeee ce eeeceeceeercecccc[cccc er reeec[r ecr
State of California
County of San Diego } SS.
before me�E��%
whop oved to me on the basis of satisfactory evidence to be the perso (s) whose
nam is%t? subscribed to the within instrument and acknowledged to me that
he/she executed the same in his/her h i authorised capacity( a and that by
his/her/ el signature on the instrument t e person s), or the entity upon behalf of
which th person S cted, 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.
WITNESS my hand and official seal.
Signature
OMY
OFFICIAL SEAL
JAY SCHRAM
NOTARY PUBLIC-CALIFORNIAmCOMM. NO.2026aa5
SAN DIEGO COUNTY
COMM. EXP. JUNE 24 2077
(seal)
crcce reee[terc tcecrrtecr rrrtrr ce[[ctttrc Brett reeer trr refer tcertrc trt cr
OPTIONAL INFORMATION
Date of Document t b�I1 Thumbprint of Signer
Type or Title of Document
Number of Pages in Document ^�
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
_ Power of Attorney
CEO/CFO/COO
President/ Vice -President/ Secretary/ Treasurer
Other:
Other
Check here if
no thumbprint
or fingerprint
is available.
(t _9008 Allstate Notary Preparation, Inc. - (800) 689-8456 - wmv.alistafenotary.com
Ote of California )
County of San Luis Obispo )
On January 31, 2014 before me,
Colleen E. Childres Notary Public (here insert name and title of the officer),
personally appeared Bruce Foster and Susan Foster
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 person(s) 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.
WITNES and-andgofficial se
Signatu. _� L���>a,_;��� (Seal)
COLLEEN E. CNILDRES
Commission * 2055023
i Notary Public - California zZD
San Luis Obispo County
Agy Comm. Ei iras Jan 29, 2018 r
(notary)(12-07)
LEASE
by and between
the CITY OF MORRO BAY
("CITY")
m
® BRUCE FOSTER & SUSAN FOSTER AND DEAN MARCHANT & CARLY MARCHANT
("TENANT")
S/R W SlCmbcN.Harbor.011011.aer.\ f wterLmc
Article2 RENT..........................................................................................................................3
Section 2.01
Annual Minimum Rent.................................................................3
Section 2.02
CPI Adjustment to Annual Minimum Rent..................................4
Section 2.03
Calculation of New Minimum Rent..............................................4
Section 2.04
Percentage Rent............................................................................6
Section 2.05
Reimbursements............................................................................8
Section 2.06
Penalty and Interest.......................................................................8
Article 3 USE OF PREMISES
...................................................................................................9
Section 3.01
Permitted Uses..............................................................................9
Section 3.02
Unauthorized Use..........................................................................9
Section 3.03
Operation of Business - Hours of Operation.................................9
Section 3.04
Competition.................................................................................10
Section 3.05
Hazardous Materials...................................................................10
Section 3.06
Tidelands Trust . ..........................................................................
I I
Section 3.07
Compliance with Law.................................................................
I I
Section 3.08
Waste or Nuisance......................................................................12
Section 3.09
Use by CITY........................................................................
:...... 12
Article 4 CONSTRUCTION, ALTERATION AND REPAIRS.............................................12
Section 4.01
Construction Approval................................................................12
Section 4.02
Construction Bond......................................................................13
Section 4.03
Mechanics' Liens.........................................................................13
Section 4.04
Ownership of Improvements .............................. :........................
14
S/RWS/Cmbcty.Harbor.01101 LagrNwterLewe -1-
® Article 5 LEASEHOLD MORTGAGES.................................................................................15
Article 6 REPAIRS, MAINTENANCE
AND RESTORATION............................................15
Section 6.01
Maintenance by TENANT..........................................................15
Section 6.02
Seawalls and Revetment.............................................................
15
Section 6.03
Legal Requirements . ..................................... :..............................
15 .
Section 6.04
Failure to Repair.........................................................................16
Section 6.05
Inspection by CITY.....................................................................16
Section 6.06
TENANT'S Duty to Restore Premises........................................16
Section 6.07
Termination of Lease for Destruction.........................................17
Section 6.08
Destruction Due to Risk Not Covered by Insurance...................18
Article 7 NDEMNITY AND INSURANCE ..........................................................................18
Section 7.01
Indemnity Agreement.................................................................18
Section 7.02
Liability Insurance......................................................................19
®
Section 7.03
Worker's Compensation..............................................................20
Section 7.04
Property Insurance . ............................... :.....................................
20
Section 7.05
Additional Coverage...................................................................20
Section 7.06
General Requirements.................................................................21
Section 7.07
No Subrogation...........................................................................22
Section 7.08
TENANT'S Waiver.....................................................................22
Section 7.09
Insurance Not a Limit.................................................................22
Article 8 TAXES AND FEES
..................................................................................................22
Section 8.01
TENANT to Pay Taxes...............................................................22
Section 8.02
TENANT to Pay License and Permit Fees.................................23
Section 8.03
Utilities........................................................................................23
Article 9 CONDEMNATION
..................................................................................................23
Section 9.01
Total Condemnation....................................................................23
®
Section 9.02
Condemnation Award.................................................................23
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Section 9.03
Termination for Partial Taking...................................................24
Section 9.04
Rent Abatement for Partial Taking.............................................25
Section 9.05
Conveyance in Lieu of Eminent Domain....................................25
Section 9.06
Temporary Taking......................................................................25
Article 10 ASSIGNMENT AND SUBLEASING.....................................................................26
Section 10.01
No Assignment Without CITY'S Consent..: ...............................
26
Section 10.02
Change of Ownership as Assignment.........................................26
Section 10.03
Application for Assignment........................................................27
Section 10.04
Probate Transfer of Assignment.................................................27
Section 10.05
No Sublease Without CITY'S Consent.......................................27
Section 10.06
Subtenant Subject to Lease Terms..............................................28
Section 10.07
Consent Form Agreement...........................................................28
Section 10.08
TENANT and Guarantor Remain Liable....................................28
Section 10.09
Nondisturbance...........................................................................29
Article 11 DEFAULT AND TERMINATION..............................................:...........................29
Section 11.01
Abandonment by TENANT........................................................29
Section 11.02
Termination for Breach by TENANT.........................................29
Section 11.03
Termination for Failure to Pay Rent...........................................29
Section 11.04
Lender May Cure Default...........................................................30
Section 11.05
Attorneys' Fees .................... :......... :.............................................
30
Section 11.06
Damages for Breach....................................................................30
Section 11.07
Cumulative Remedies.................................................................3.1
Section 11.08
Waiver of Breach........................................................................31
Section 11.09
Surrender of Premises.................................................................31
Article 12 MISCELLANEOUS..........................................................................................:......31
Section 12.01
Attorneys' Fees.............................................................................31
Section12.02
Notices........................................................................................32
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® Section 12.03
Governing Law and Jurisdiction.................................................32
Section 12.04
Binding on Successors................................................................32
Section 12.05
Partial Invalidity..........................................................................33
Section 12.06
Sole and Only Agreement...........................................................33
Section 12.07
Modification................................................................................33
Section 12.08
Time of Essence....................................................................:.....33
Section 12.09
Memorandum of Lease for Recording........................................33
El
Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE................................34
Section 13.01 Resolution of Lease Site Boundary .............................................34
Section li.02 Construction of Waterside Improvements..................................36
Section 13.03 Tenant Shall Commit to Clean Marinas Program Certification..38
Section 13.04 Future Construction of Harbornvalk.........................................:.38
S/RWS/Cmbcty.Harbor.01101 Lagr.MmterLeme -iv-
LEASE
This LEASE is made and entered into by and between the CITY OF MORRO BAY, a
municipal corporation of the State of California herein called CITY, and Bruce Foster & Susan
Foster, husband and wife, and Dean Marchant & Carly Marchant, husband and wife, herein
collectively called TENANT.
WITNESSETH
WHEREAS, the State of California granted certain tide and submerged lands located
within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being
Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874,
Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes
may be amended from time to time by the Legislature of the State of California; all of which
Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto;
and
WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY of
Morro Bay, Lessor herein, succeeded to all of the right, title and interest of the County of
San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the
State of California pursuant to the above mentioned acts; and
WHEREAS, judgment has been entered on October 14, 1968, in the case of CITY of
Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by
the Superior Court of the State of California in and for the County of San Luis Obispo, #30417,
adjudging and decreeing, among other things, that the title to said tide and submerged lands so
conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above,
passed automatically to the CITY of Morro Bay upon the date of its incorporation as a CITY on
the 17th day of July, 1964; and
WHEREAS, TENANT accepts the within Lease with full knowledge that there is no
warranty of title in and to the within described premises by CITY to TENANT; and
WHEREAS, in order to develop and improve Morro Bay Harbor and to assist in carrying
out the provisions of the tideland grant as aforesaid, and in order to provide facilities for the
accommodation of those using Morro Bay Harbor, CITY desires to lease to TENANT the within
described property upon the terms and conditions set forth herein;
S/RWS/Cmba[y.Hubor.011011 ag.Muted.eue
® NOW, THEREFORE, in consideration of the covenants to be performed and the rental to
be paid by TENANT to CITY, CITY leases to TENANT, and TENANT leases from CITY, all of
the following premises (herein collectively referred to as the 'Premises") in the CITY of
Morro Bay, County of San Luis Obispo, State of California, described as follows:
Lease Site 30W-33W
This property is delineated on Parcel Map of the CITY of Morro Bay No. 68-30, which
map was recorded on October 10, 1968. in Book 3, Page 10 of Parcel Maps in the Office of the
County Recorder, San Luis Obispo County, California. A copy of said Map is attached hereto as
Exhibit A and made a part hereof by reference.
Article 1 FIXED TERM
Section 1.01 Term.
The term of this Lease shall be a period of TWENTY (20) years, commencing January
28, 2014 (the "Commencement Date"). The term of this Lease shall terminate without notice on
January 27, 2034, unless sooner terminated as herein provided.
® Section 1.02 Extensions.
TENANT -shall have the right to extend the term of this Lease for an additional
TWENTY (20) years contingent upon:
(1) receipt of CITY approval of a TENANT plan (`Tenant Plan') for future capital
improvements and major maintenance and upgrading/replacement of improvements in Lease Site
including the docks, pilings, pier, wharf and other work as necessary to maintain the service life
of the improvements as -needed. The minimum cost of said improvements shall be One Hundred
Twenty Five Thousand Dollars ($125,000). TENANT shall deliver written notice to CITY of
TENANT's intent to exercise Option to Extend at least Eighteen (18) months prior to Lease
expiration, and obtain CITY's approval of the TENANT Plan prior to expiration of Lease and;
(2) TENANT removal of those portions of the building on the wharf which extend across.
the CITY-oNvned Lot 20 and granting CITY unobstructed access for Lease Site purposes across
any TENANT wharf, dock, pier, float, slip or other boat anchorage to the Premises via Lot 20.
However, at a minimum of five (5) years prior to expiration of Lease, at TENANT's request,
CITY may, at City's sole discretion, enter into non -binding negotiations with TENANT should
® TENANT desire that the encroaching building remain and CITY does not require use of the area.
Master Lease 11/01 -2-
TENANTS's exercise of the option to extend shall be further contingent upon TENANT is
not being in default under any term or condition of the Lease at the time of TENANT's exercise
of the option and the time of commencement of the option. Time is of the essence.
Section 1.03 Hold Over.
Should TENANT hold the demised Premises after the expiration of the term of this Lease
with the consent of the CITY, express or implied, such holding over (in the absence of a
written agreement between CITY and TENANT with respect thereto) shall be deemed to create a
tenancy from month to month, terminable on thirty (30) days written notice from either party to
the other, at a monthly rental equal to two hundred percent (200%) of the average total Rent per
month for the twelve (12) months immediately preceding the expiration of the Lease, and
otherwise subject to each and every term, covenant and condition of this Lease.
Section 1.04 Replacement.
As of the Commencement Date of this Lease, this Lease shall extinguish and replace
every prior lease between CITY and TENANT respecting the Premises, if any. Any right or
interest held by the TENANT pursuant to any existing lease with respect to the Premises which
is not granted pursuant to this Lease shall be extinguished as of the Commencement Date of this
Lease.
Article 2 RENT
Section 2.01 Annual Minimum Rent.
TENANT agrees to pay to CITY. a minimum guaranteed annual rental for.the use and
occupancy of the Premises, in an initial amount of $26,400 per year (the "Minimum Rent"),
payable in advance in equal semiannual installments on January I and July 1 each year during
the.term of the Lease. If the Commencement Date is other than January 1 or July 1, then
TENANT shall pay, on the Commencement Date, the proportionate amount of the Minimum
Rent payable for the period from the Commencement Date until the next payment date of
January 1 or July 1, as the case may be. If the term of the Lease expires on a date other than
December 31 or June 30, TENANT'S final installment of Minimum Rent shall be proportionate
to the time remaining in the term. All Rent, including the Minimum Rent and the Percentage
Rent, shall be paid in lawful money of the United States of America, without offset or deduction
and shall be paid to CITY at City Hall located at 595 Harbor Street, Morro Bay, California, or at
r
Master Lease 11/01 -3-
® such other place or places CITY may from time to time designate by written notice delivered to
TENANT.
Annual minimum rent shall be adjusted commensurate to any change in Lease Site square
footage occurring out of action described in Section 13.01, after any said change in Lease Site
square footage takes place.
Section 2.02 CPI Adjustment to Annual Minimum Rent.
(1) The parties agree that as of every July 1 following the Commencement Date (each, a
"CPI Adjustment Date"), except as outlined in section 2.03 hereof, the annual Minimum Rent
shall be increased in direct proportion to any upward or downward movement in the Consumer
Price Index for January 1, 2013 which is hereby agreed to be 238.02 (Base Index). The
percentage adjustment for any given year shall be based on the monthly average Index for the
calendar year immediately preceding the CPI Adjustment Date as compared with the Base Index.
The Consumer Price Index referred to herein is the Consumer Price Index (all items indexes, all
urban consumers) for Los Angeles - Anaheim - Riverside, California, compiled and published by
the United States Department of Labor, Bureau of Labor Statistics, 1982-84 Base Year = 100
® (the 'Index")
(2) The Annual Minimum Rent shall be adjusted as of each CPI Adjustment Date, and
will remain in effect as adjusted until the next CPI Adjustment Date. As an illustration only, if
the Base Index (Jan. 1, 1999 CPI) is 166.1 and the monthly average CPI for 2000 is 171.6. then
the percentage increase is equal to 3.31%. Therefore, the Minimum Rent would be increased by
3.31% as of July 1, 2001, and would continue at that rate through June 30, 2002.
(3) If the United States Department of Labor, Bureau of Labor Statistics; shall cease to
compile and make public the Index as now constituted and issued, but shall substitute another
index in its place, then said substituted index shall be used for the purpose of adjusting the
Minimum Rent for the Premises. If the Index is changed so that the base year differs from that in
effect on the Lease Commencement Date, the Index shall be converted in accordance with the
conversion factor published by the United States Department of Labor, Bureau of Labor
Statistics.
Section 2.03 Calculation of New Minimum Rent.
At the end of the initial five (5) years and of each five-year period thereafter, a new
Minimum Rent shall be calculated for the following five (5) year period (each, a "Subsequent
® Rental Period") as follows:
Master Lease 11101 -4-
A. The Minimum Rent shall be subject to adjustment by appraisal as of the fifth
anniversary of the Commencement Date and every five years thereafter (each, an "Appraisal
Adjustment Date"), with the new Minimum Rent taking effect on July 1 following each
Appraisal Adjustment Date. CITY, at its own cost and expense, shall retain an independent
qualified appraiser for determination of the fair market value of said premises. Not more than
nine (9) months prior to each Appraisal Adjustment Date, CITY shall provide written notice to
TENANT of the pending appraisal and he appraiser selected by the CITY to determine the fair
market value of the Premises, excluding fixtures and improvements unless such are expressly
included in the description of the leasehold hereinabove. If TENANT does not reject CITY's
appraiser in writing and within thirty (30) days of CITY's notice of its determination, then the
Minimum Rent for the Subsequent Rental Period shall be in the amount determined by CITY as
outlined in this .Section 2.03. If TENANT rejects CITY's appraiser within thirty (30) days
following CITY's notice to TENANT, then within fifteen (15) days after such 30-day period,
each party, at its own cost, shall select an independent professionally designated appraiser who is
a member of the American Institute of Real Estate Appraisers, or the Society of Real Estate
Appraisers with .a designation of MAI (Member of. American Institute), SRPA (Senior Real
Estate Analysis), to appraise the fair market value of the Premises. CITY may rely on its
original appraisal, or select a new appraiser, at its cost. If a party does not appoint an appraiser
within fifteen (15) days after the other party has given notice of the name of its appraiser, the
single appraiser appointed shall be the sole appraiser. Each appraiser shall conduct an
independent appraisal within thirty (30) days after appointment. If the parties are unable to agree
on the Minimum Rent for the Subsequent Rental Period within thirty (30) days after receiving
the appraisal(s), then each party shall select one member of a three -member committee. The two
so selected members shall select the third member, and this committee shall by majority vote
select one or the other of the appraisals. The Minimum Rent determined on the basis of the
selected appraisal shall be final and binding and all costs associated with the three -member
committee shall be paid equally by CITY and TENANT.
B. In the event that the appraisal process is not concluded on or before the Appraisal
Adjustment Date, the Minimum Rent shall be adjusted retroactively to such Appraisal
Adjustment Date as set out hereinbelow when said appraisal process is completed.
C. The total Rent payable, including both the Minimum Rent and the Percentage Rent
for each year within the applicable previous five-year period, shall be averaged to produce the
average annual total Rent payable for such previous period.
D. The new Minimum Rent for the five-year period commencing on each Appraisal
Adjustment Date shall be the greater amount of seventy-five percent (75%) of the average of the
total yearly Rent payable during the previous five-year period (as set out in paragraph C. above)
Master Lease I1/01 - -5-
0 or eight percent (8%) of the fair market value of the Premises (as established in paragraph A
above.) The new Minimum Rent shall be divided by two to determine the semiannual payments
and shall be paid by TENANT to CITY on the first of each January and July thereafter. This
new Minimum Rent shall be adjusted each following year in proportion to any increase in the
Consumer Price Index as set out in Section 2.02 of this Lease.
Section 2.04 Percentage Rent.
A. In addition to the Minimum Rent, TENANT agrees to pay to CITY at the time and in
the manner hereinafter specified, as additional Rent for the use and occupancy of the Premises, a
sum equal to TEN percent (10%) of TENANT'S Gross Sales, hereinafter defined, less the -
amount of the Minimum Rent paid pursuant to this Lease (the "Percentage Rent").
B. The term "Gross Sales," as used herein, shall mean (subject to the exceptions and
authorized deductions as hereinafter set forth), the total selling price and the total gross amount
received by TENANNT from all rentals, merchandise sold and services rendered in, on or from the
Premises by TENANT T, its sublessees, licensees, or concessionaires, both for cash and on credit
including, but not limited to, rentals of dockage space, leasing and servicing operations and
ticket sales, and if on credit whether or not payment be actually made therefore, all charges for
is services, alterations or repairs made in or upon the Premises; the gross amount received by
TENANT for merchandise sold pursuant to orders received in the Premises, though filled
elsewhere; and the gross amount received by TENANT from any and all other sources -of income
derived from the business conducted upon the Premises.
C. Notwithstanding the other provisions of Section 2.04, the term "Gross Sales" shall not
include the following items, and such items may be deducted from Gross Sales to the extent they
have been included therein or have been included in a prior computation of Gross Sales or for
which a Percentage Rent has been paid under this Lease to CITY:
(1) Credits and refunds made to customers for merchandise returned or exchanged;
(2) Any sales or excise taxes otherwise includable in Gross Sales as defined in this
Section because such tares are part of the total selling price of merchandise or services rendered
in, from, or on the Premises, where TENANT must account for and remit the tares to the
government entity or entities by which they are imposed; and
(3) With respect to credit card sales,- fees retained or withheld by the issuer and/or
merchant bank pursuant to TENANT'S credit card acceptance agreement, and
(4) Rental payments to TENANT from sublessees whose.total gross sales are included in
gross sales computations.
® D. TENAINIT shall keep or cause to be kept full, complete, and accurate records, and
books of account in accordance with accepted accounting practices showing the total amount of
Nlf ter Lme 1 U01 -6-
Gross Sales, as defined herein, made each calendar month in, on or from the Premises. is
TENANT 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. Furthermore, TENANT shall at the time of
sale and in the presence of the customer cause the full selling price of each piece of merchandise,
each rental received and each service rendered in, on or from the Premises to be recorded in a
cash register or cash registers that have cumulative totals and are sealed in accordance with
standard commercial practices. Said records, books of account and cash register tapes, including
any sales tax reports that TENANT may be required to furnish any government or governmental
agency shall at all reasonable times be open to the inspection of CITY, CITY'S auditor, or other
authorized representative or agent of CITY. TENANT consents to the release of sales tax
information to CITY and on demand will furnish to CITY a copy of the sales tax reports,
quarterly reports and any audit reports of sales for confidential internal use of the CITY in
determining Gross Sales for TENANT. TENANT consents and authorizes CITY to request such
information directly from the State Board of Equalization or other state agency with which sales
tax information is filed.
E. By July 31 of each year, TENANT shall furnish CITY with a statement, to be
certified by TENANT as current, true and accurate, which shall set forth the Gross Sales of each
department, sublessee, licensee and concession operating in, on or from the Premises for the
previous twelve (12) calendar months, ending June 30, just concluded, and the authorized
deductions, if any, therefrom; and with it TENANT shall pay to CITY the amount of the
Percentage Rent which is due to CITY as shown thereby. If TENANT shall at any time cause an
audit of sales of TENANT'S business to be made by a public accountant, TENANT shall furnish
CITY with a copy of said audit without cost or expense to CITY. CITY may, once in any
twelve-month period, cause an audit of the business of TENANT to be made by a public
accountant of CITY'S own selection. TENANT shall, upon receiving written notice of CITY'S
desire for such an audit deliver and make available all such books, records and cash register .
tapes to the public or certified public accountant selected by CITY. Furthermore, TENANT shall
promptly on demand reimburse CITY for the full cost and expense of said audit, should the audit
disclose that the questioned statement or statements understated Gross Sales by five percent (5%)
or more but less than ten percent (10%). In the event that an audit performed at CITY'S request
discloses that TENANT understated Gross Sales by less than 5%, the cost of such audit shall be
paid by CITY. In the event that any audit or other review of records discloses that the amounts
reported as Gross Sales was understated by TENANT by ten percent (10%) or more, CITY shall
not only be entitled to recover from TENANT all costs of audit and review but shall also be
entitled to recover from TENANT a penalty equal to two times the Percentage Rent due pursuant
to this Lease on such unreported amounts. Whenever any audit discloses that Gross Sales were
Master Lease 11/01 -7-
understated by any amount, TENANT shall immediately pay the additional Percentage Rent
therein shown to be payable by TENANT to CITY, together with interest at the Default Rate
thereon, from the date the Percentage Rent was payable until the date paid.
F. CITY shall be entitled at any time within five (5) years after the receipt of any such
Percentage Rent payment, to question the sufficiency of the amount thereof and/or the accuracy
of the statement or statements furnished by TENANT to justify the same. For the purpose of
enabling CITY to check the accuracy of any such statement or statements, TENANT shall for
said period of five (5) years after submission to CITY of any such statement keep all of
TENANT'S records, including sales tax returns, all cash register tapes and other data which in
any way bear upon or are required to establish in detail TENANT'S Gross Sales and any
authorized deductions therefrom as shown by any such statements and shall upon request make
the same available to CITY for examination.
Section 2.05 Reimbursements..
If TENANT fails to perform any term or covenant of this Lease, CITY may, but is not
obligated to, perform such term or covenant, and TENANT shall reimburse CITY therefore as
additional Rent hereunder. As an illustration and not as a limitation, if TENANT fails to procure
® the insurance required by this Lease, CITY may, but is not obligated to, obtain such insurance,
with the cost of the premiums being due to CITY upon demand as additional Rent.
2
Section 2.06 Penalty and Interest.
(1) If any Rent is not received within ten (10) days following the date on which the Rent
first became due, TENANT shall pay a late penalty of ten percent (10%) of the amount of the
Rent in addition to the Rent.
(2) In addition to the penalty, TENANT shall pay interest at the rate of one percent (1%)
per month or fraction thereof or the maximum amount permitted by law as of the date this Lease
is signed, whichever is greater (the "Default Rate"), on the amount of the Rent, exclusive of the
penalty, from the date on which Rent first became delinquent until paid. The term "Rent"
includes any sums advanced by the CITY and any unpaid amounts due from TENANT to the
CITY.
Mwter Lease 11/01 -8-
Article 3 USE OF PREMISES
Section 3.01 Permitted Uses.
The Premises shall, during the term of this Lease, be used for the purpose of operating
and conducting thereon and therein the uses permitted by the City, and for no other purpose. At
the commencement date of the lease, such uses include vessel slips, pier, managing a marina and
such other uses as permitted by CITY.
Section 3.02 Unauthorized Use.
TENANT agrees to allow only those uses authorized in Section 3.01 hereinabove and that
any unauthorized use thereof shall constitute a breach of this Lease and shall, at the option of
CITY, terminate this Lease.
Section 3.03 Operation of Business - Hours of Operation.
Failure to actively and diligently conduct the business authorized herein constitutes a
breach of the agreement and shall, at the option of CITY, terminate this lease.
(1) TENANT shall during the term of this Lease conduct business of the nature specified
in Section 3.Ot of this Lease on the Premises in an efficient and diligent manner and keep the
Premises open for the conduct of business continuously and without interruption for at least six
hours each day of the year except one day each week and legal holidays. This provision shall not
apply if the Premises shall be closed and the business of TENANT is temporarily shut down for
a period not to exceed fourteen (14) calendar days in any calendar year to make necessary
repairs, maintenance or other construction deemed necessary by TENANT. This provision shalt
not apply if the Premises shall be closed and the business of TENANT is temporarily shut down
as authorized or required by the CITY Manager or on account of strikes, walkouts, or causes
beyond the control of TENANT or for not more than three (3) days out of respect to the memory
of an officer, employee, or close relative of any officer or employee of TENANT.
(2) TENANT shall operate TENANT'S business on the Premises with due diligence and
efficiency and in like manner as comparable businesses operated in the CITY or the coastal area
of San Luis Obispo County, so as to produce the maximum amount of Gross Sales and gross
receipts from services which may be produced from TENANT'S business; and TENANT at all
times shall carry on Premises, a stock or merchandise of such size, character, and quality as is
reasonable, designed to produce the maximum return to TENANT, when the sale of merchandise
is a permitted use under this Lease.
j
Master Lease 11/01 -9-
® Section 3.04 Competition.
During the term of this Lease, TENANT shall not directly nor indirectly acquire or
establish any similar or competing business within a radius of five (5) miles from the location of
the Premises, provided, however, that TENANT may, with prior written approval from CITY,
own or operate more than one business, whether or not competing and similar along the
Embarcadero upon. CITY lease sites. The purpose of this section is to prevent and prohibit
TENANT from reducing revenue to CITY by diverting business from the operation at the
Premises to another similar business owned by TENANT within the CITY but not upon a CITY
lease site from which CITY is paid rent based on Gross Sales.
Section 3.05 Hazardous Materials.
(1) TENANT shall not transport, use, store, maintain, generate, dispose, release, treat or
.discharge any "Hazardous Material" (as defined. below) upon or about the Premises (such
activities being hereafter referred to as "Hazardous Materials Activities"), nor permit TENANT'S
employees, agents, or contractors to engage in Hazardous Materials Activities upon or about the
Premises, except as allowed by applicable law. The term "Hazardous Material" for purposes
hereof shall mean any chemical, substance, material or waste or component thereof which is now
® or hereafter listed, defined or regulated as a hazardous or toxic chemical, substance, material or
waste or component thereof by any federal, state or local governing or regulatory body having
jurisdiction, or which would trigger any employee or community "right -to -know" requirements
adopted by any such body. All Hazardous Materials Activities at the Premises shall be
conducted strictly in accordance with all applicable laws and regulations. If TENANT shall
transport any hazardous waste from the Premises, such transportation shall be done only by a
contractor duly licensed to haul hazardous waste and shall use only a duly licensed disposal site
approved by TENANT'S liability insurer.
(2) TENANT shall promptly notify CITY of. (i) any enforcement, cleanup or other
regulatory action taken or threatened by any governmental or regulatory authority with respect to
the presence of any Hazardous Material on the Premises or the migration thereof from or to other
property, (ii) any demands or claims made or threatened by any party against TENANT or the
Premises relating to any loss or injury resulting from any Hazardous Material on or from the
Premises, and (iii) any matters where TENANT is required by applicable law to give a notice to
any governmental or regulatory authority respecting any Hazardous Material on the Premises.
CITY shall have the right (but not the obligation) to inspect the Premises, to take such remedial
® action on the Premises, as CITY may deem appropriate, and to join and participate, as a party, in
Mzsw 1-tue 11/01 -10-
any legal proceedings or actions affecting the Premises initiated in connection with any
environmental, health or safety law.
(3) If any Hazardous Material is released, discharged or disposed of by TENANT or its
employees, agents or contractors, on or about the Premises in violation of the foregoing
provisions, TENANT shall immediately notify CITY. CITY may elect either to take such
remedial action as CITY deems appropriate, in which event TENANT shall reimburse CITY for
all costs thereof within ten (10) days after demand, or direct TENANT to perform such
remediation. If CITY directs TENANT to perform the remediation, TENANT shall immediately
take such remedial action, as CITY shall direct. TENANT shall, properly and in compliance
with applicable laws clean up and remove the Hazardous Material from the Premises and any
other affected property at TENANT'S expense. If CITY directs TENANT to perform
remediation hereunder and if TENANT shall fail to comply with the provisions of this
Section within five (5) days after written notice by CITY, or such shorter time as may be
required by applicable law or in order to minimize any hazard to persons or property, CITY may
(but shall not be obligated to) arrange for such compliance directly or as TENANT'S agent
through contractors or other parties selected by CITY at TENANT'S expense (without limiting
CITY'S other remedies under this Lease or applicable law).
Section 3.06 Tidelands Trust..
TENANT shall use and occupy the Premises in strict compliance with the Tidelands
Trust purposes under which the Premises or any portion thereof are held by CITY pursuant to the
grants from the State of California as set forth in this Lease..
Section 3.07 Compliance with Law.
TENANT shall, at no cost to CITY, comply with all of the requirements of all local,
municipal, county, state and federal authorities now in force, or which may hereafter be in force,
pertaining to the Premises, and shall faithfully observe in the use of the Premises all local,
municipal and county ordinances and state and federal statutes, rules, regulations and orders now
in force or which may hereafter be in force (collectively, "Legal Requirements") provided that
TENANT shall not be required to comply with any Legal Requirement imposed by the CITY
that would substantially deprive TENANT of a material benefit under this lease unless such
Legal Requirement has been imposed or required by a county, state or federal authority. The
judgment of any court of competent jurisdiction, or the admission of TENANT in any action or
proceeding against TENANT, whether CITY be a party thereto or not, that TENANT has
violated any such Legal Requirement in the use of the Premises shall be conclusive of that fact as . Is
Nla ter Lease I1/01 -11-
® between CITY and TENANT. TENANT'S acceptance of conditions and/or stipulations of this
lease do not waive legal rights associated with TENANT'S ownership of upland fee owned land,
including; but not limited to TENANT'S Littoral Rights.
Section 3.08 Waste or Nuisance.
TENANT shall not commit or permit the commission by others of any waste on the
Premises; TENANT shall not maintain, commit, or permit the maintenance or commission of
any nuisance as defined by law on the Premises; and TENANT shall not use or permit the use of
the Premises for any unlawful purpose.
Section 3.09 Use by CITY.
(1) Subject to TENANT's rights hereunder to possession of the Premises, CITY may
grant licenses to, or otherwise authorize, other persons and entities permitting uses of the Morro
Bay Harbor. Since the water area is not exclusive, this provision allows continued public use of
the public water area. This may include but is not limited to uses such vessel navigation, diving,
water sampling and fishing.
(2) CITY also retains and reserves for itself, its successors and assigns, all oil, gas,
® petroleum and other mineral or hydrocarbon substances in and under the lands leased hereby
together with right to prospect and extract all such substances.
Article 4 CONSTRUCTION, ALTERATION AND REPAIRS
Section 4.01 Construction Approval.
(1) TENANT shall not make or permit any other person to make any alterations or
structural additions or structural modifications to the Premises or to anv structure thereon or
facility appurtenant thereto if the cost thereof shall exceed ten thousand dollars ($10,000),
without the prior written consent of CITY. The consent to be obtained pursuant to this
Section 4.01(1) shall be requested from the Harbor Director for CITY. If the Harbor Director
gives such consent to proceed, it is understood that such consent is given by CITY only in its
capacity as the landlord under this Lease and not as the permit -issuing authority. TENANT
remains obligated to obtain any needed building permits and comply with all applicable planning
processes.
(2) Where required by the Morro Bay Municipal Code, California Coastal Act, Corps of
® Engineers or any other state or'federal agency having authority over the proposed project, then
all Conditional Use Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any
Dtuter ie e11/01 -12-
other required plans or permits shall be applied for and approved prior to any construction,
alteration or repairs.
Section 4.02 Construction Bond.
' (1) Prior to the commencement of any construction the cost of which is greater than the
amount of one hundred thousand dollars ($100,000), TENANT shall file with the Morro Bay
CITY Clerk a final detailed Civil Engineer's, Registered Architect's or Licensed and Bonded
General Contractor's estimate of the cost of construction and installation of improvements on the
Premises. Said estimate must be submitted to the CITY Engineer for approval. TENANT shall
file with the Morro Bay CITY Clerk a faithful performance bond, in a form and issued by a
corporate surety company satisfactory to CITY, in an amount satisfactory to CITY but not in
excess of one hundred percent (100%) of the final detailed cost estimate, securing the faithful
performance of TENANT or its contractor in the completion of said construction.
(2) TENANT shall also file with the Morro Bay CITY Clerk a labor and materials bond,
in a form and issued by a corporate surety company satisfactory to CITY, in an amount
satisfactory to CITY but not in excess of one hundred percent (100%) of the final detailed cost
estimate, securing the payment of all claims for the performance of labor or services on, or the
furnishing of materials for, the performance of said construction.
(3) In lieu of the above referenced bonds, TENANT may post cash deposits or may make
other mutually satisfactory arrangements to guarantee the completion of construction projects.
In the event the contractor bonds the project, CITY may be named as additional indemnitee to
comply with these requirements.
Section 4.03 Mechanics' Liens.
At all times during the term of this Lease, TENANT shall keep the Premises and all
buildings, installations and other improvements now or hereafter located on the Premises free
and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment
performed on or furnished to the Premises. TENANT further agrees to at all times, save CITY
free and harmless and indemnify CITY against all claims for labor or materials in connection
with any improvement, repairs, or alterations on the Premises, and the cost of defending against
such claims, including reasonable attorneys' fees. Should TENANT fail to pay and discharge or
cause the Premises to be released from such liens or claim of liens within ten (10) days after the
filing of such lien or levy, TENANT shall upon written notification be required to immediately
deposit with CITY a bond conditioned for payment in full of all claims on which said lien or levy
has been filed. Such bond shall be acknowledged by TENANT as principal and by a company or is
Master Lease 11/01 -13-
® corporation, licensed by the Insurance Commissioner of the State of California to transact the
VI business of a fidelity and surety insurance company as surety. The beneficiary of any security
instrument which instrument is on record Mth CITY, shall have the right to file such a bond on
behalf of TENAINT. CITY shall have right to post and keep posted on the Premises notices of
non -responsibility and any other notices that may be provided by law or which CITY may deem
proper for the protection of CITY and Premises from such liens. TENANNT shall give CITY
notice at least twenty (20) days prior to commencement of any work on the Premises to afford
CITY the opportunity to post such notices.
Section 4.04 Ownership of Improvements.
The parties agree that at the termination of this lease, however occurring, TENANT shall
have sixty (60) days thereafter to remove all structures, facilities, installations; improvements
and other property belonging to TENANT from the leased premises, provided TENANT shall
Give City notice of its intent to remove all structures, facilities, installations, improvements and
other property belonging to Tenant at least 90 days prior to termination of this lease, however
occurring.
® The parties further agree that.CITY also has the option and right to require TENANT to
remove all structures, installations, improvements of any kind or other property belonging to or
placed upon the leased premises by TENANT at the termination of this lease, however occurring,
providing CITY gives notice, in writing, no later than sixty (60) days prior to the termination of
the lease, or of its decision to require that such improvements be removed. If CITY exercises
such option and TENANT fails to remove such installations or improvements within sixty (60)
days after the termination of this lease, CITY shall have the right to have such installations or
improvements removed at the expense of TENANT. If neither TENANT nor CITY exercise its
option to remove or require the removal of as the case may be the improvements and
installations, then title to such installations, structures and improvements shall vest in CITY and
TENANT shall not remove same.
r
J
Nlwter l.eau 1 t/0l -14-
Article 5 LEASEHOLD MORTGAGES is
Tenant shall not mortgage, securitize or hypothecate the leasehold interest in
whole or any part without the prior written approval of City as evidenced by a resolution of the
City Council of the City of Mono Bay.
Article 6 REPAIRS, MAINTENANCE AND RESTORATION
Section 6.01 Maintenance by TENANT.
At all times during the term of this Lease, TENANT shall, at TENANT'S own cost and
expense, keep and maintain all improvements now or hereafter on the Premises in good order
and repair and in a safe and clean condition. Furthermore, TENANT shall, at TENANT'S own
cost and expense, maintain at all times during the term of this Lease the whole of the Premises in
a clean, sanitary, neat and orderly condition. CITY may, at the sole option of CITY, clean and
clear the Premises, at TENANT'S cost and expense, in the event TENANT fails to clean and
clear the Premises in accordance with this Section to the satisfaction of CITY after fifteen (15)
days' written notice to TENANT from CITY of CITY'S intent to exercise this option.
Section 6.02 Seawalls and Revetment.
At all times during the term of this Lease, TENANT shall at TENANT'S own cost and
expense repair, maintain, replace and rebuild as necessary, the improvements, pilings, bulkheads,
seawalls, revetment, piers, posts and any structures or other improvements located in the water
portion of the Premises. Further, TENANT shall at TENANT'S own cost and expense conduct
maintenance surveys at reasonable intervals to locate and determine needed repairs.
Section 6.03 Legal Requirements.
At all times during the term of this Lease, TENANT, at no cost to CITY, shall:
(1) Make all alterations, additions, or repairs to the Premises or the
improvements or facilities on the Premises required by any Legal Requirements (as defined in
Section 3.07 above) now or hereafter made or issued;
(2) Observe and comply with all Legal Requirements now or hereafter made
or issued respecting the Premises or the improvements or facilities located thereon;
(3) Obtain. all required permits pursuant to the Morro Bay Municipal Code or
State law prior to the initiation of any repair or maintenance activity; and
(4) Indemnify and hold CITY and the property of CITY, including the
Premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims and is
Master Lease 11/01 -15-
actions resulting from TENANT'S failure to comply with and perform the requirements of this
section.
Section 6.04 Failure to Repair.
In the event failure to repair results in a hazardous or unsafe condition; CITY shall have
the right and option but not the obligation to close and prohibit access to the unsafe portion of the
Premises until such repairs are completed and accomplished and the Premises rendered safe for
public use. In addition, if TENANT fails to repair any hazardous or unsafe condition within ten
(10) days of written notice thereof from CITY, CITY shall have the right, but not the obligation;
to perform such repair at TENANT'S expense. TENANT shall reimburse CITY for any such
repair undertaken by CITY, promptly upon CITY'S demand, as additional Rent. Failure by
CITY to enforce any of the provisions of this Article shall not constitute a waiver of these
provisions and CITY may at any time enforce all of the provisions of this Article, requiring all
necessary repairs, rebuilding or replacement.
Section 6.05 Inspection by CITY.
CITY or CITY'S agents, representatives, or employees may enter the Premises at all
reasonable times for the purpose of inspecting the Premises to determine whether TENANT is
complying with the terms of this Lease and for the purpose of doing other lawful acts that may
be necessary to protect CITY'S interest in the Premises under this Lease or to perform CITY'S
duties under this Lease.
Section 6.06 TENANT'S Duty to Restore Premises.
(1) Except as provided in Section 6.07 below, if at any time during this Lease, any
improvements now or hereafter on the Premises are destroyed in whole or in part by the
elements, or any other cause not the fault of TENANT or CITY, this Lease shall continue in full
force and effect and TENANT, at TENANT'S own cost and expense, shall repair and restore the
damaged or destroyed improvement(s) according to the original plan thereof or according to such
modified plans therefore as shall be approved in writing by CITY. The work of permitting,
repair and restoration shall be commenced by TENANT within one hundred eighty (180) days
after the damage or destruction occurs shall be pursued with due diligence, and shall be
completed not later than one year after the work is commenced, unless the parties hereto
mutually agree, in writing, to an extension. In all other respects, the work of repair and
restoration shall be done in accordance with the requirements for construction work on the
® Premises set forth in Article 4 of this Lease. Any failure by TENANT either to commence or to
Tlmter Leue 11l01 -16-
complete repair and restoration as required by this Section 6.06 shall be a material default under
this Lease.
(2) Any and all insurance proceeds that become payable at any time during the term of
this Lease because of damage to or destruction of any improvements on the Premises shall be
paid to TENANT and applied by TENANT toward the cost of repairing and restoring the
damaged or destroyed improvements in the manner required by this Section 6.06, or, if this
Lease is terminated, then applied as provided in Section 6.07. Except as set forth in Section 6.08
below, TENANT'S obligation to restore pursuant to this Section shall exist whether or not funds
are available from insurance proceeds.
Section 6.07 Termination of Lease for Destruction.
(1) Notwithstanding the provisions of Section 6.06 of this Lease, TENANT shall have the
option of terminating this Lease as provided in this Section 6.07 if:
(a) During the last fifteen (15) years of the term of this Lease, any improvements
now or hereafter on the Premises are so damaged or destroyed by the elements or any cause not
the fault of TENANT or CITY, that they cannot be repaired and restored as required by
Section 6.06 of this Lease at a cost not exceeding thirty-five percent (35%) of the cost of
replacing all improvements if they had been totally destroyed at the time of such damage; or
(b) During the last ten (10) years of the term of this Lease, any improvements
now or hereafter on the Premises are so damaged or destroyed by the elements or any cause not
the fault of TENANT or CITY, that they cannot be repaired and restored as required by
Section 6.06 of this Lease at a cost not exceeding fifteen percent (15%) of the cost of replacing
all improvements. if they had been totally destroyed at the time of such damage.
(2) TENANT may exercise its right to terminate pursuant to this Section 6.07 by
providing written notice to CITY within one hundred eighty (180) days following damage or
destruction as described herein. Such termination shall be effective on the last day of the
calendar month following the month in which TENANT provides its notice.
(3) If TENANT fails to commence or complete repair and restoration as required by
Section 6.06, CITY shall have all. rights and remedies with respect to TENANT's default,
including but not limited to termination of this Lease pursuant to Article 11.
(4) If this Lease is terminated as a result of damage or destruction, then any insurance
proceeds received with respect to the improvements shall be applied or distributed in the
following order:
Master Lease 11/01 -17-
® (a) fast, to the demolition of the improvements and removal of all demolition
debris; then
(b) to any accrued and unpaid Rent as of the effective date of the termination;
then
(c) to each Lender under a Leasehold Encumbrance, in order of lien priority,
an amount not to exceed the amount due under such Leasehold
Encumbrance; then
(d) to CITY, an amount equal to the present value, as of the date of
termination, of the total Minimum Rent for the remainder of the Term_;
then
(e) the remaining proceeds, if any, to TENANT.
Section 6.08 Destruction Due to Risk Not Covered.bv Insurance.
Notwithstanding anything to the contrary in Section 6.06 of this Lease. TENANT shall
have the right to terminate this Lease at any time if the improvements on the Premises are
® damaged or destroyed by a casualty for which TENANT is not required under this Lease to carry
insurance and the cost to repair or restore such improvements exceeds fifty percent (50%) of the
fair market value of all the improvements on the Premises immediately prior to the damage or
destruction.
Article 7 INDEMNITY AND INSURANCE
Section 7.01 Indemnity Agreement.
(1) TENANT shall indemnify and hold CITY; and the property of CITY (including the
Premises and any improvements now or hereafter on the Premises), and the CITY'S officers,
officials, employees and volunteers harmless from any and all liability, claims, loss, damages,
and expenses, including attorney fees and litigation expenses, resulting from TENANT'S
occupation and use of the Premises or any negligent act or omission of the TENANT or any of
its subtenants, employees, contractors or anyone for whom TENANT may be liable, specifically
including; without limitation, any liability, claim, loss, damage, or expense arising by reason of:
(a) The death or injury of any person, including TENANT or any person who is
® an employee or agent of TENANT, or by reason of the damage to or destruction of any property,
including property owned by TENANT or by any person who is an employee or agent of
Master Lease 11101 -18-
TENANT, from any cause whatever while such person or property is in or on the Premises or in
any way connected with the Premises or with any of the improvements or personal property on
the Premises;
(b) The death or injury of any person, including TENANT or any person who is
an employee or agent of TENANT, or by reason of the damage to or destruction of any property,
including property owned by TENANT or any.person who is an employee or agent of TENANT,
caused or allegedly caused by either (i) the condition of the Premises or any improvement
placed on the Premises by TENANT, or (ii) any act or omission on the Premises by TENANT or
any person in, on, or about the Premises with or without the permission and consent of
TENANT;
(c) Any work performed on the Premises or materials furnished to the Premises at
the instance or request of TENANT or any person or entity acting for or on behalf of TENANT;,
(d) TENANT'S failure to perform any provision of this Lease or to comply with
any Legal Requirement imposed on TENANT or the Premises.
(2) TENANT'S obligations pursuant to this Section to indemnify and hold harmless do
not extend to any liability, claim, loss, damage or expense arising from CITY'S active negligence
or willful misconduct.
Section 7.02 Liability Insurance.
During the term of this Lease, TENANT shall maintain at its cost Commercial General
Liability insurance with coverages at least as broad as ISO Forms labeled "City of Morro Bay
Insurance requirements for Lessees", Certificate of Insurance — City of Morro Bay", and
"Additional Insureds — Managers or Lessors of Premises" attached hereto as Exhibit B and made
a part hereof as may be updated or changed from time to time at the sole discretion of the CITY,
insuring against claims for bodily injury (including death), property damage, contractual liability,
personal injury and advertising injury occurring on the Premises or from operations located in
any part of the Premises. Such insurance shall afford protection in amounts no less than One
Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property
damage, provided that if insurance with a general aggregate limit is used, either the general
aggregate.limit shall apply separatelyto the Premises or the general aggregate limit shall be
twice the occurrence limit stated in this Section. All liability insurance carried by TENANT
hereunder shall name CITY, its officers, officials, employees and volunteers as additional
insureds, and shall be primary insurance with respect to such additional insureds. TENANT
shall include all its subtenants as insureds under TENANT's liability policies or shall furnish
Master Lease 11/01 -19-
® separate certificates and endorsements for each subtenant. All coverages for subtenants shall
comply with all requirements of this Article Seven.
Section 7.03 Worker's Compensation.
TENANT shall maintain at TENANT'S own expense and keep in full force and effect
during the term of this Lease; Worker's Compensation Insurance as provided by law. Said
insurance shall contain a waiver of subrogation rights against CITY. TENANT shall also
maintain employer's liability insurance with minimum coverage of $1,000,000 per accident for
bodily injury or disease.
Section 7.04 Property Insurance.
TENANT shall, at its cost, at all times during the term of this Lease keep all
improvements and other structures on the Premises, as well as any and all additions,
improvements and betterments thereto, insured for one hundred percent (100%) of their full
replacement cost with no co-insurance provision against loss or destruction by the`perils covered
by "all risk" (excluding earthquake) property damage insurance policies. Any loss payable under
such insurance shall be payable to TENT ANI T, CITY, and any Lender under a Leasehold
® Encumbrance pursuant to Article 5 of this Lease, as their interests may appear, and such proceeds
shall be used and applied in the manner required by Article 6 of this Lease.
Section 7.05 Additional Coverage.
TENANT shall also maintain, at its expense, the insurance described in this Section 7.05.
(1) If TENANT has (or is required by any Legal Requirement to have) a liquor license
and is selling or distributing alcoholic beverages on the Premises, then TENANT shall maintain
liquor liability coverage in appropriate amounts. TENANT shall require any subtenant who has
(or is required by any Legal Requirement to have) a liquor license and who is selling or
distributing alcoholic beverages on the Premises, to maintain such coverage.
(2) TENANT shall maintain "all risk" (excluding earthquake) property damage insurance
covering TENANT's personal property located at the Premises, in amounts not less than the full
replacement value of such personal property. CITY shall have no interest in the proceeds of
such insurance.
(3) TENANT shall, at TENANT's own expense, obtain and maintain any additional
® insurance coverages that CITY may reasonably require. As illustration only and not as a
limitation, in appropriate circumstances such additional insurance may include increased general
Maier Lease 11/01 -20-
liability limits, business interruption coverage, business automobile liability, boiler and
machinery insurance and/or builder's risk insurance. However, TENANT shall not be required to
maintain additional coverages that are in excess of those typically. maintained by similarly
situated tenants in the Morro Bay area.
Section 7.06 General Requirements.
Except as specifically provided to the contrary, all the insurance required pursuant to this
Article Seven shall be subject to the requirements of this Section 7.06.
(1) Maintenance of proper insurance coverage is a material element of this Lease and
failure to maintain or renew coverage or to provide evidence of coverage and/or renewal may be
treated by the CITY as a material breach of contract. TENANT shall forward the CITY
specifications and forms to TENANT'S insurance agent for compliance.
(2) CITY may at any time require "TENANT to increase the minimum coverage limits for
insurance required by this Lease, but every such increase shall be reasonable under the
circumstances.
(3) All policies shall be issued by insurance companies authorized to issue such insurance
in California, with an A.M. Best's rating of no less than A:VII.
(4) Any deductibles or self -insured retentions must be declared to and approved by
CITY. At the option of CITY, either: the insurer shall reduce or eliminate such deductibles or
self -insured retentions as respects CITY, its officers, officials, employees and volunteers; or the
TENANT shall provide a financial 'guarantee satisfactory to CITY guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
(5) Each insurance policy required by this Lease shall be endorsed to state that coverage
shall not be cancelled or reduced, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to CITY.
(6) TENANT shall furnish CITY with certificates and amendatory endorsements
effecting the coverage required by this Lease. The endorsements shall be on forms provided by
CITY or on other than CITY's forms, provided those endorsements or policies conform to the
requirements. All certificates and endorsements are to be received and approved by CITY before
use of the Premises, and promptly following any renewal or replacement. CITY reserves the
right at any time to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
E
Master Lease 11/01 - -21-
(7) TENANT's insurance coverage shall be primary insurance as respects CITY, its
officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by
CITY, its officers, officials, employees, or volunteers shall be excess of TENANTS insurance
and shall not contribute with it.
Section 7.07 No Subrogation.
TENANT agrees that in the event of loss due to any of the perils for which it has agreed
to provide insurance, TENANT shall look solely.to its insurance for recovery. TENANT hereby
grants to the CITY, on behalf of any insurer providing insurance to either TENANT or CITY
with respect to TENANT'S occupancy of the Premises, a waiver of any rights to subrogation
which any such insurer of said TENANT may acquire against the CITY by virtue of the payment
of any loss under such insurance. Each insurance policy required under this Lease including
those insuring TENANT against claims, expense, or liability for injury to persons or property
shall provide that the insurer shall not acquire by subrogation any right to recovery which
TENANT has expressly waived in writing prior to the occurrence of the loss.
Section 7.08 TENANT'S Waiver.
® TENANT hereby waives any right of recovery against CITY for each claim, expense,
liability, or business interruption, or other loss, except where caused by CITY'S active
negligence or willful misconduct. TENANT agrees that to the extent that TENANT fails to
acquire insurance.. TENANT shall not have any claim against CITY for any loss that results from
a risk or peril that would have been included in such insurance.
Section 7.69 Insurance Not a Limit.
The insurance requirements of this Article Seven are independent of. and do not limit or
modify, TENANT'S indemnification and other obligations pursuant to this Lease.
Article 8 TAXES AND FEES
Section 8.01 TENANT to Pay Taxes.
TENANT shall pay, before delinquency; all taxes and assessments levied upon or
assessed to TENANT on the Premises by reason of this Lease or of any equipment_ appliances,
improvement, or other development of any nature whatsoever, erected, installed, or maintained
by TENANT or by reason of the business or other activity of TENANT upon.or in connection
® with the Premises. TENANT shall pay all possessory interest taxes applicable to the Premises
Maztcr Lme 11/01 . -22-
Section.8.02 TENANT to Pay License and Permit Fees.
TENANT shall pay any fees imposed by law for licenses or permits for any business or
activities including construction by TENANT upon the Premises.
Section 8.03 Utilities.
TENANT shall pay, or cause to be paid, and hold CITY and the property of CITY,
including the Premises, free and harmless from all charges for the furnishing of gas, water,
electricity, telephone service, and for other public utilities to the Premises during the term of this
Lease and for the removal of garbage and rubbish from the Premises during the term of this
Lease.
Article 9 CONDEMNATION
Section 9.01 Total Condemnation.
If title and possession to all of the Premises is permanently taken for any public or quasi -
public use under any statute, or by the right of eminent domain, then this Lease shall terminate
on the date that possession of the Premises is taken, and both CITY and TENANT shall
thereafter be released from all obligations, including Rent, all of which shall be prorated to the
date of termination, except those specified in Section 9.02 of this Lease.
Section 9.02 Condemnation Award.
Any compensation or damages awarded or payable because of the permanent taking of all
or any portion of the Premises by eminent domain shall be allocated between CITY and
TENANT as follows:
i
(1) All compensation or damages awarded or payable for the taking by eminent domain
of any land that is part of the Premises shall be paid to and be the sole property of CITY free and
clear of any claim of TENANT or any person claiming rights to the Premises through or under
TENANT.
(2) All compensation or damages awarded or payable which is specifically attributed by
the taking party to the "good will" of TENANT'S business shall be .paid to and be the sole
property of TENANT.
(3) All compensation or damages awarded or payable because of any improvements
constructed or located on the portion of the Premises taken by eminent domain where only a
portion of the Premises is taken by eminent domain, and TENANT is not entitled to or does not
Master Lease I1/01 -23-
® terminate this Lease, shall be applied in the manner specified in Section 9.04 toward the
replacement of such improvements with equivalent new improvements on the remaining portions
of the Premises.
(4) All compensation or damages awarded or payable because of any improvements
.constructed or located on the portion of the Premises taken by eminent domain where this Lease
is terminated because of the taking by eminent domain, whether all or only a portion of the
Premises is taken by eminent domain; shall be allocated between CITY and TENANT as
follows:
(a) That percentage of the compensation or damages awarded or payable because
of the improvements that equals the percentage of the full term of this Lease that has, at the time
of the taking; not expired shall belong to and be the sole property of TENANT.
(b) That percentage of the compensation or damages awarded or payable because
of the improvements that equals the percentage of the full term of this Lease that has, at the time
of the taking, expired shall belong to and be the sole property of CITY.
(c) The term "time of taking" as used in this Section shall mean 12:01 a.m. of the
® date that the agency or entity exercising the eminent domain power, takes, title, or the date that it
takes physical possession of the portion of the Premises, whichever shall first occur.
(5) Any severance damages awarded or payable because only a portion of the Premises is
taken by eminent domain shall be the sole and separate property of CITY.
Section 9.03 Termination for Partial Taking.
Should, during the term of this Lease, title and possession of only a portion of the
Premises be taken for any public or quasi -public use under any statute, or by right of eminent
domain, TENANT may, at TENANT'S option, terminate this Lease by serving written notice of
termination on CITY within ninety (90) days after TENANT has been deprived of actual
physical possession of the portion of the Premises taken for such public use. This Lease shall
terminate on the first day of the calendar month following the calendar month in which the notice
of termination described in this section is served on CITY. On termination of this Lease
pursuant to this Article, all subleases and subtenancies in or on the Premises or any portion of the
Premises created by TENANT under this Lease shall also terminate and the Premises shall be
delivered to CITY free and clear of all such subleases and subtenancies; provided; however, that
CITY may. at CITY'S option, by mailing written notice to a subtenant allow any subtenant to
eattom to CITY and continue such subtenant's occupancy on the Premises as a TENANT of
\lazier Lease 11l01 -24-
CITY. On termination of this Lease pursuant to this section, however, both CITY and TENANT
shall be released from all obligations under this Lease, except those specified in Section 9.02 of
this Lease.
Section 9.04 Rent Abatement for Partial Taking.
Should, during the term of this Lease, title and possession of only a portion of the
Premises be taken under the power of eminent domain by any public or quasi -public agency or
entity and TENANT does not terminate this Lease, then this Lease shall terminate as to the
portion of the Premises taken under eminent domain on the date actual physical possession of the
portion taken by eminent domain is taken by the agency or entity exercising the eminent domain
power. Furthermore, the Rent payable under this Lease shall, as of that time be reduced in the
same proportion of the Premises taken by eminent domain bears to the full value of the Premises
at that time; provided however, that TENANT shall make a good faith effort to replace any
improvements or facilities with equivalent new facilities on the remaining portion of the
Premises and do all other acts at TENANT'S own cost and expense required by the eminent
domain taking to make the remaining portion of the Premises fit for the use specified in this
Lease.
Section 9.05 Conveyance in Lieu of Eminent Domain.
. A voluntary conveyance by CITY, with the consent of TENANT, of title to all or a
portion of the Premises to a public or quasi -public agency or entity in lieu of and under threat by
such agency or entity to take the same by eminent domain proceedings shall be considered a
taking of title to all or such portion of the Premises under the power of eminent domain subject
to the provisions of this Article.
Section 9.06 Temporary Taking.
If the possession of the Premises or any portion thereof should be taken under the power
of eminent domain by any public or quasi -public agency or entity for a limited period not
extending beyond the term of this Lease, then this Lease shall not terminate (except as provided
in this Section 9.06) and TENANT shall continue to perform all its obligations hereunder, except
only to the extent that TENANT is prevented from performing such obligations by reason of
such taking. TENANT shall be entitled to receive the entire amount of compensation or
damages awarded because of such temporary taking. If a temporary taking extends for more
than thirty-six (36) months, then TENANT shall have the right to terminate this Lease, and
TENANT shall be entitled to receive, out of the compensation or damages awarded because of
Master Lease 11/01 -25-
® such temporary taking, the amount that is attributable to the period of time up until the effective
date of TENANT'S termination of this Lease.
Article 10 ASSIGNMENT AND SUBLEASING
Section 10.01 No Assignment Without CITY'S Consent.
Except as provided in this Article 10, TENANT shall not assign or otherwise transfer this
Lease, any right or interest in this Lease, or any right or interest in the Premises or any of the
improvements that may now or hereafter be constructed or installed on the Premises without the
express written consent of CITY evidenced by resolution first had and obtained. Any
assignment or transfer by TENANT without the prior written consent of CITY, whether it be
voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of
CITY, terminate this Lease. A consent by CITY to one assignment shall not be deemed to be a
consent to any subsequent assignment of this Lease by TENANT. CITY shall not unreasonably
nor arbitrarily withhold its approval to the assignment or transfer of this Lease to an assignee
who is financially reliable and qualified to conduct the business for which this Lease was
granted. It is mutually agreed that the TENANT'S qualifications are apart of the consideration
for granting of this. Lease and said party does hereby agree to maintain active control and
supervision of the operation conducted on the Premises.
Section 10.02 Change of Ownership as Assignment.
For purposes of this Article 10, the following transactions will be deemed to be
assignments or transfers:
(1) If TENANT is a partnership or limited liability company:
(a) A change in ownership effected voluntarily, involuntarily, or by operation of
law, within a twelve-month (12-month) period, of twenty-five percent (25%) or more of the
partners or members or twenty-five percent (25%) or more of the partnership or membership
interests: or
(b) The dissolution of the partnership or limited liability company without its
immediate reconstitution.
(2) If TENANT is a closely held corporation (i.e., one whose stock is not publicly held
and not traded through an exchange or over the counter):
Mutter Ue 11/01 -26-
(a) The sale or other transfer, within a twelve-month (12-month) period, of more
than an aggregate of twenty-five percent (25%) of the voting shares of TENANT (other than to
immediate family members by reason of gift or death); or
(b) The dissolution, merger, consolidation, or other reorganization of TENANT.
Section 10.03 Application for Assignment.
A condition of an assignment shall be that TENANT shall file with the CITY an
application to assign the leasehold prepared by the prospective assignee. Concurrently with
filing the application, TENANT shall pay a reasonable fee associated with the cost of processing
said application, in cash or certified or cashier's check to enable CITY adequately to investigate
the proposed assignee's qualifications as a permitted assignee. CITY shall not be required to
account for the use of the sum paid. If the proposed assignee's net worth on the date of
assignment is not sufficient to reasonably guarantee successful operation of the Premises in
compliance with all applicable CITY, County, State and federal requirements, CITY may
withhold approval of the assignment or condition it upon TENANT'S guarantee of such
assignee's obligations hereunder for such period as CITY deems advisable. Net worth shall
mean the amount by which the total of all assets shall exceed the total of all liabilities as
determined in accordance with general accepted accounting principles as approved by CITY'S is
auditor, or other authorized representative or agent.
Section 10.04 Probate Transfer of Assignment.
If TENANT is an individual, nothing herein contained will prevent the transfer of this
Lease by will, or by operation of law under the intestacy provisions of the California Probate
Code as it may be amended from time to time. Probate sale of the leasehold interest will not be
permitted without the consent of the CITY, evidenced by resolution, first had and obtained.
Section 10.05 No Sublease Without CITY'S Consent.
TENANT shall not sublease the whole nor any part of the Premises, or license, permit, or
otherwise allow any other person (the employees of TENANT excepted) to occupy or use the
Premises, or any portion thereof, without the prior written consent of CITY's Harbor director, or
any future successor to the duties of the City's Harbor Director. A consent to one subletting,
occupation, licensing or use shall not be deemed to be a consent. to any subsequent subletting,
occupation, licensing or use by another person. Any sublease or license without CITY'S
written consent shall be void, and shall at CITY'S option, terminate this Lease. CITY shall not
unreasonably nor arbitrarily withhold its consent to sublet to one who is qualified and financially
Master Lease 11/01 - -27-
® reliable. CITY'S consent to any occupation, use, or licensing shall be in CITY'S sole and
absolute discretion. Notwithstanding any provisions herein to the " contrary, the terms
"assignment," "subletting," "occupation," or "use." shall not be construed or interpreted to mean
or include the temporary, short term renting or leasing of boat slips, motel, hotel, or apartment
accommodations on the premises.
Section 10.06 Subtenant Subject to Lease Terms..
Any and all subleases shall be expressly made subject to all the terms, covenants, and
conditions of this Lease. In no event shall the term of any sublease extend beyond the term of
this Lease. Subject to Section 10.09, termination of this Lease prior to the expiration of this
Lease term shall also terminate any and all subleases. A breach of the terms of this Lease by a
subtenant shall constitute a breach on the part of TENANT and shall subject both the subtenant
and TENANT to all the remedies provided to CITY herein and by law. Failure by any subtenant
to report Gross Sales or to pay Percentage Rent due from subtenant shall constitute a breach of
this lease. TENANT hereby agrees to and does guarantee payment of such Percentage Rent due
by a subtenant under the terms of this lease.
Section 10.07 Consent Form Agreement.
Prior to any consent by CITY to any sublease hereof. TENANT shall cause to be
executed between TENANT and any subtenant an agreement making the CITY a third party
beneficiary, in a form acceptable to CITY, whereby the subtenant agrees to be bound by all of
the terms, covenants and conditions of this Lease. Further, it is agreed by TENANT that any
default by the subtenant of any of the terms, covenants and conditions of this Lease shall be
deemed to be violations by TENANT of this Lease and that all remedies of CITY for such
violation, including termination of this Lease, shall immediately be enforceable by CITY against
TENANT. TENANT shall apply any and all monies received from any subtenant first to the
payment of obligations of the subtenant to CITY.
Section 10.08 TENANT and Guarantor Remain Liable.
Prior to approval by CITY to any sublease hereof, TENANT shall agree to be primarily
and jointly and severally liable to CITY for all obligations due CITY by any subtenant; including
the payment of rents, and TENANT shall agree that CITY may proceed directly against
TENANT for any obligation owing CITY by the subtenant. If this Lease is guaranteed, neither
the sublease nor CITY'S approval thereof shall release the guarantor from its obligations
® pursuant to the guaranty.
Master Lease 11/01 -28-
Section 10.09 Nondisturbance.
On the terms set forth below, CITY may enter into agreements with subtenants providing
that in the event of any termination of this Lease prior to the expiration date, CITY will not
terminate or otherwise disturb the rights of the subtenant under such sublease, but will instead
honor such sublease as if such agreement had been entered into directly between Landlord and
such subtenant, conditioned upon such subtenant's agreement to attorn to Landlord and full
performance of all obligations under the sublease in question ("Non -Disturbance Agreement").
CITY agrees to execute a Non -Disturbance Agreement in connection with a particular sublease
provided that Tenant provides CITY with a copy of the sublease, and the Non -Disturbance
Agreement is customary in form and substance and otherwise reasonably acceptable to CITY.
Article 11 DEFAULT AND TERMINATION
Section 11.01 Abandonment by TENANT.
Should TENANT breach this Lease and abandon all or any part of the Premises prior to
the scheduled expiration of the term of this Lease, CITY may continue this Lease in effect by not
terminating TENANT'S right to possession of the Premises, in which event CITY shall be
entitled to enforce all CITY'S rights and remedies under this Lease including the right to recover
the Rent specified in this Lease.as it becomes due under this Lease.
Section 11.02 Termination for Breach by TENANT.
All covenants and agreements contained in this Lease are declared to be conditions to this
Lease and to the term hereby demised to TENANT. Should TENANT fail to perform any
covenant, condition, or agreement contained in this Lease, except for payment of any Rent or
other monetary amount due, and such failure is not cured within thirty (30) days after written
notice thereof is served on TENANT, then CITY may terminate this Lease immediately, and in
the event of such termination, TENANT shall have no further rights hereunder and TENANT
shall thereupon forthwith remove from the Premises and shall have no further right or claim
thereto and CITY shall immediately thereupon have the right to re-enter and take possession.of
the Premises, subject only to appropriate legal process.
Section 11.03 Termination for Failure to Pay Rent.
If any payment of Rent is not made as herein provided and such failure to pay is not
cured within three (3) days after written notice thereof is served on the TENANT, CITY shall
have the option to immediately terminate this Lease; and in the event of such termination,
Master Lease 11/01 -29-
® TENANT shall have no further right or claim thereto and CITY shall immediately thereupon
have the right to re-enter and take possession of the Premises, subject only to appropriate legal
process.
Section 11.04 Lender May Cure Default.
CITY shall afford the Lender under any Leasehold Encumbrance of record with CITY the
right to cure any default by TENANT of the covenants, conditions, or agreements hereof, as
provided in Article 5 of this Lease.
Section 11.05 Attorneys' Fees.
In the event the CITY finds it necessary to retain an attorney in connection with the
default by the TENAI'T or enforcement of any of the terms, conditions, and covenants of this
Lease, even though litigation is not instituted, TENANT shall pay to CITY its reasonable
attorneys' fees. Non-payment of attorneys' fees by TENANT within three (3) days after
written notice is served on TENANT shall give rise to an independent legal action by CITY to
collect same. If CITY is successful in such legal action, CITY shall also be entitled to attornev
fees and costs for the collection action. To the extent that CITY is represented by the City
® Attorney, a reasonable sum for such attorneys' services will be included as attorneys' fees.
11
Section 11.06 Damages for Breach.
Should TENANT default in the performance of any covenant, condition or agreement
contained in this Lease and the default be incurable or not be cured within the time period set
forth hereinabove, then CITY may terminate this Lease and:
(1) Bring an action to recover from TENANT:
(a) The worth at the time of award of the unpaid rent which had been earned at
the time of termination of the Lease;
(b) The worth at the time of award of the amount by which the unpaid rent which
would have been earned after termination of the Lease until the time of award exceeds the
amount of rental loss that TENANT proves could have been reasonably avoided;
(c) The worth at the time of award of the amount by which the unpaid rent for the
balance of the term after the time of award exceeds the amount of rental loss that TENANIT
proves could be reasonably avoided; and
hfuter Leaze 11lO] -j0-
(d) Any other amount necessary to compensate CITY for. all detriment
proximately caused by TENANT'S failure to perform its obligations under this Lease; and
(2) Bring an action, in addition to or in lieu of the action described in subparagraph (1) of
this Section, to re-enter and regain possession of the Premises in the mariner provided by the
laws of unlawful detainer of the State of California then in effect.
Section 11.07 Cumulative Remedies.
The remedies available to CITY in this Article shall not be exclusive but shall be
cumulative with and in addition to all remedies now or hereafter allowed by law or elsewhere
provided in this Lease.
Section 11.08 Waiver of Breach.
The waiver by CITY of any breach by TENANT of any of the provisions of this Lease
shall not constitute a continuing waiver or a waiver of any subsequent breach by TENANT either
of the same or a different provision of this Lease.
Section 11.09 Surrender of Premises.
On expiration or sooner termination of this Lease, TENANT shall surrender the Premises,
and, subject to Section 4.04, all improvements in or on the Premises, and all facilities in any way
appertaining to the Premises, to CITY in good, safe, and clean condition, reasonable wear and
tear excepted.
Article 12 MISCELLANEOUS
Section 12.01 Attorneys' Fees.
Should any litigation be commenced between the parties to this Lease concerning the
Premises, this Lease, or the rights and duties of either in relation thereto, the party, CITY or
TENANT, prevailing in such litigation shall be entitled, in addition to such other relief as may be
grantedin the litigation, to a reasonable sum ,as and for its attorneys' fees in such litigation,
which shall be determined by the court in such litigation or in a separate action brought for that
purpose. The "prevailing" party shall mean the party who obtains substantially the relief sought
by that party. To the extent that CITY is represented by the CITY Attorney, a reasonable sum
for such attorneys' services will be included as attorneys' fees.
C
Master Lease 11/01 -31-
® Section 12.02 Notices.
Any and all notice or demands by or from CITY to TENANT, or TENANT to CITY,
shall be in writing. Thev shall be served either personally, or by registered or certified mail.
Any notice or demand to CITY may be given to:
with a copy to:
Harbor Director
1275 Embarcadero
Morro Bay, California 93442
City Manager of the City of Morro Bay
City Hall
595 Harbor Street
Morro Bay, CA 93442
Any notice or demand to TENANT may be given at:
Bay Front Marina
201 Main Street
Morro Bav, CA 93442
Such addresses may be changed by «ritten notice by either party to the other party.
Section 12.03 Governing Law and Jurisdiction.
This Lease, and all matters relating to this Lease, shall be governed by the laws of the
State of California in force at the time any need for interpretation of this Lease or any decision
concerning this Lease arises. CITY and TENANT consent to exclusive personal and subject
matter jurisdiction in the Superior Court of the State of California in and for the county where
the Premises are located; and each party waives any claim that such court is not a convenient
forum. Each party hereby specifically waives the provisions of California Code of Civil
Procedure Section 394. and any successor statute thereto.
Section 12.04 Bindinq on Successors.
Subject to the provisions herein relating to assignment and subletting each and all of the
terms; conditions; and agreements herein contained shall be binding upon and inure to the benefit
of the successors and assigns of any and all of the parties hereto; and all of the parties hereto
shall be jointly and severally liable hereunder.
Alazter Leue 11/01 -32-
Section 12.05 Partial Invalidity.
Should any provision of this Lease be held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this Lease shall remain in full
force and effect unimpaired by the holding.
Section 12.06 Sole and Only Aoreement.
This Lease, including all exhibits incorporated by reference, constitutes the sole and only
agreement between CITY and TENANT. respecting the Premises and the leasing of the Premises
to TENANT. Any other agreements or representations respecting the Premises and their leasing
to TENANT by CITY, which are not expressly set forth in this Lease, are null and void. The
lease terms herein specified correctly set forth the obligations of CITY and TENANT as of the
date of this Lease. No modification, amendment, or alteration of this Lease shall be valid unless
it is in writing and signed by both parties.
Section 12.07 Modification.
This agreement shall not be modified except pursuant to a written agreement executed by
the MAYOR and CITY CLERK pursuant to prior CITY Council. approval. Notwithstanding
CITY Council approval, no agreement shall become effective until such agreement is in fact
executed by the MAYOR and CITY CLERK. TENANT understands that this agreement may
not be modified by oral statements by any person representing the CITY including the MAYOR
and CITY CLERK. TENANT specifically agrees not to rely on oral statements, purported oral
waivers, or purported oral modifications and agrees not to rely upon purported
written modifications unless they meet the requirements of this paragraph and are approved in
writing pursuant to formal City Council action and a subsequent written modification signed by
the MAYOR and CITY CLERK. If the title of any person authorized to act for CITY under this
Lease shall be changed during the term of this Lease, then the person who succeeds to
substantially the same responsibilities with respect to the CITY shall have the authority to act for
CITY under this Lease.
Section 12.08 Time of Essence.
Time is expressly declared to be the essence of this Lease.
Section 12.09 Memorandum of Lease for Recording.
CITY and TENANT shall, at the request of either at any time during the term of this
Lease, execute a memorandum or "short form" of this Lease, which shall describe the parties, set
Mutcr Lease 11/01 _33_
® forth a description of the leased premises; specify the term of this Lease; and incorporate this
Lease by reference.
Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE
The following provisions apply to this Lease site only:
Section 13.01 -Resolution of Lease Site Boundary
A. CITY and TENANT disagree over the location of the boundary line between
TENANIT's adjacent upland property and the Premises and further disagree whether any or all of
TENANT'S buildings and/or improvements encroach into, -on or across the Premises. CITY and
TENIANT desire to resolve any such encroachments and boundary line issues to the satisfaction
and mutual benefit of both parties. Therefore CITY and TENAIN'T agree to cooperate with each
other and use their best efforts to resolve the boundary line issue.
B. Contingent upon approval of the State Lands Commission and any other state or
federal approvals required; CITY and TENANT agree that the boundary line between Lease Site
section 33W and adjacent upland property shall be adjusted southwestward to form a straight line
® immediately southwest and adjacent to TENANT's two southwestem-most buildings (excluding
TENIANT's buildine which crosses Lot 20) adjacent to Lease Site section 33W for the full length
of Lease Site section 33W; as depicted on Exhibit B. No adjustment to the boundary line
between Lease Site section 32W and CITY -owned Lot 20 will be made, and no adjustment to the
boundary line between Lease Site sections 30W or 31W and adjacent upland property will be
made.
C. CITY and TENANT agree that for purposes of the boundary line adjustment value and
for no other purposes, the boundary line between TENANT'S upland property and the CITY's
Lease Site shall be the "mid -point line" between the surveyed line as surveyed by Leonard
Lenger in 2002 and the surveyed line as surveyed by Robert Reese in 2013.
D. TENAINIT shall pay CITY the full and most recently appraised value of Lease Site
completed in May, 2012, at assessed value of eight dollars ($8) per square foot or higher amount
as valued by the State Lands Commission, subject to CITY and TENANT approval; for the total
square footage of Lease Site 33 W conveyed to TENANT by CITY in resolving the boundary line
dispute. TENANT shall enter .into an agreement with CITY to pay for the boundary line
adjustment area upon successful completion of the boundary line adjustment with the following
® terms:
Master Lease 11/01 -34-
1. A twenty (20) year amortization schedule
2. Interest rate shall be 4.75%
3. Full amount due and payable in fifteen (15) years or sooner
E. Following final approval of the boundary line adjustment, an agreement shall be
recorded setting forth the new boundary line, and granting any land required to accomplish the
adjustment to TENANT. Furthermore, the grant shall contain restrictions that TENANT's
buildings and improvements within the boundary line adjustment area may remain in place, and
may be repaired, maintained and improved by TENANT but shall not be expanded beyond their
existing footprints, so that areas that are now open dock areas may remain as open dock areas,
unless otherwise authorized and permitted by CITY.
F. TENANT and CITY acknowledge and agree that said boundary line adjustment
requires the full and complete approval of the California State Lands Commission, and further
agree that if the California State Lands Commission does not approve said boundary line
adjustment, or approves another method 'or resolution, neither party shall be bound to the terms
of this Section and any resolution of the Lease Site boundary line shall be by mutual consent and
action of CITY and TENANT by amendment to this Lease and subject to State Lands
Commission approval as above.
However, unless and until the boundary line issue is resolved, CITY and TENANT further agree:
A. TENANT is the owner of the buildings and improvements in place that may
encroach into, on or across the Premises or upland Lot 20 owned by City.
B. Except as otherwise specifically provided in Section 1.02, Option to Extend
which requires removal of the building possibly encroaching across CITY's
upland Lot 20 as a condition precedent to TENANT's exercise of the 20 year
option, TENANT's buildings and improvements may remain in place, and may be
repaired, maintained and improved by TENANT but shall not be expanded
beyond their existing footprints.
C. TENANT shall pay rent based on the previous leasehold appraised square footage
of 41,450 square feet, plus any additional square footage to be added to Lease Site
33 W to include the area for vessel docking on the west side of the existing pier, or
subtracted square footage resulting in any Lease Site boundary adjustment from
the boundary disagreement.
Master T,Ca e I1/01 -35-
® TENANT shall not be entitled to a refund of any rent paid if the boundary line
dispute is resolved by reducing the Premises due to any southwestward movement
of the boundary line between the Premises and the TENANT's
upland property.
Section 13.02 Construction of Waterside Improvements
As a condition of this Lease, TENANT shall conduct major maintenance and
upgrading/replacement of improvements to the Premises costing no less than One Hundred Fifty
Thousand Dollars (S150,000). The improvements shall consist of those outlined in Bay Front
Marina Assessment and Scope of Work Report and Cost Estimate ("Report") as provided by
Land/Sea Interface document dated November 26. 2013 and attached as Exhibit C to this Lease
Agreement or otherwise listed below, and installation of an under-wharf/pier automatic fire
suppression system to the maximum extent feasible commensurate with the existing water
service line to the current fire hydrant on the adjacent upland property. Failure to complete said
improvements and to comply with all conditions of said Report as evidenced by final building
permit inspections as required by the City of Morro Bay by the below prescribed timelines, in
addition to providing proof of expenses as evidenced by copies of invoices by the prescribed
timeline shall be a material default of this Lease Agreement and subject to any remedies outlined
in Article 11 herein; including termination of the Lease.
TENANT further agrees to:
A. Commence obtaining of necessary permits and thence construction of elements in
the "NOW" column of Report no later than July 1, 2014, and complete said
elements no later than December 3 L 2014, with exception of the pilings and
decking in the head and L portions of the pier which shall be completed no later
than June 30, 2015.
B Commence obtaining of necessary permits and thence construction of elements in
the "1-2 yrs" column of Report no later than January 1, 2015, and complete
construction of said elements no later than December 31. 2015.
C. Commence obtaining of necessary permits and thence construction of elements in
the "Apprx. 3 yrs" column of Report no later than January 1, 2016, and complete
construction of said elements no later than December 31. 2016.
Matter Lease 11/01 -36-
D. Commence obtaining of necessary permits and thence construction of elements in is
the "Apprx. 5 yrs" column of Report no later than January 1, 2018, and complete
construction of said elements no later than December 31, 2018.
E. Commence obtaining of necessary permits and thence construction of elements in
the "Apprx. 10 yrs" column of Report no later than January 1, 2023, and complete
construction of said elements no later than December 31, 2023.
F. Commence obtaining of necessary permits and thence construction of elements in
the "Apprx. 15 yrs" column of Report no later than January 1, 2028, and complete
construction of said elements no later than December 31, 2028.
G. Commence obtaining of necessary permits and thence construction of elements in
the "Apprx. 20 yrs" column of Report no later than January 1, 2034, and complete
construction of said elements no later than December 31, 2034.
H. Commence obtaining of necessary permits and thence construction of the under
wharf/pier automatic fire suppression system no later than January 1, 2019, and
complete construction of said system no later than December 31, 2019.
TENANT acknowledges that construction of TENANT'S proposed improvements of the
Premises under said Assessment and Scope of Work Plan Report requires, but may not be limited
to, obtaining a Conditional Use Permit from the City of Morro Bay, a Coastal Development
Permit from the California Coastal Commission, and a City of Morro Bay Building Permit. It is
the TENANT'S obligation to fully investigate the issues and costs in obtaining these permits.
Failure to obtain any and all required permits and approvals for said construction shall not be a
reason for failure to comply with this Section.
During construction of improvements, TENANT shall take all measures to:
A. Avoid any pollution of the atmosphere or littering of land or water by or
originating in or about the Premises or caused by TENANT'S construction
activities;
B. Keep the noise level on the Premises to a minimum to the greatest extent feasible;
C. Prevent any pollutants, including but not limited to petroleum products, from
entering Morro Bay waters;
D. Avoid negative impacts on surrounding businesses and residences.
Master Lease 11/01 - -37-
® Section 13.03 TENANT Shall Commit to Clean Marinas Program Certification
TENANT shall commit to certification under the Clean Marinas Program
(w v.cleanmarina.org), or equivalent as determined by CITY , at TENANT's sole cost and
expense within two (2) years of initiation of this Lease.
Section 13.04 Future Construction of Harborwalk
TENANT will allow CITY to build a public access Harborwalk along the eastern
boundary of the LEASE site provided:
A. Costs for all planning, permitting, and construction of said Harborwalk will be home
solely by CITY with no obligation of TENANT, including relocation/reconstruction of
any Lease Site improvements required to accommodate said Harborwalk.
B. Costs for all ongoing maintenance and repair of said Harborwalk will be home solely
by CITY, unless said maintenance or repair was caused by action of TENANT.
C. As part of said HarborwaWs design and construction, reasonable accommodation.
® acceptable to TENANT, will be made to preclude public access from said Harborwalk to
TENA_NT's adjacent private property, and to prevent public access from said Harbonvalk
to TENA\'T's Lease Site improvements (slips and pier).
Muter Lme 11/01 -jg_
D. Once completed, said Harborwalk will not materially affect TENANT's Lease Site
improvements or operation of Lease Site.
EXECUTED on January 30, 2014, with an effective date retroactive to January 28, 2014, in the
City of Morro Bay, County of San Luis Obispo, California.
CITY OF MORRO BAY TEN?
By:
J e L.Irons, MAYOR
ATTEST: By:
JaWe Boucher, CITY CLERK
By:
In
CHANGES TO MASTER FORM
APPROVED BY:
Afire M. Russell,
INTERIM CITY ATTORNEY
Susan Fost
D t
Cazly M
Mesta Lcue I U01 -39-
® D. Once completed, said Harborwalk will not materially affect TENANT's Lease Site
C
improvements or operation of Lease Site.
EXECUTED on January 30, 2014, with an effective date retroactive to January 28, 2014, in the
City of Morro Bay; County of San Luis Obispo, California.
CITY OF MORRO BAY
Jamie L. Irons, MAYOR
ATTEST:
Jamie Boucher, CITY CLERK
CHANGES TO MASTER FORM
APPROVED BY:
Acme M. Russell,
ENTERIM CITY ATTORNEY
TENANT
By:
Bruce Foster
By:
Susan Foster
BY:
Dean Marchant
BY:
Carly Marchant
Master Leaze 11/01 -19-
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171
Exhibit B
Exhibit C
L
ANP
f SEA INTERFACE
Marine vorkshop
201 Main St.
Morro Bay, Calif. 93442
1-805-772-8436
home off Ice 1-805 526-3944
Fax, 1-805-772-8436
E-mail, Iand.sea.interface.
mormbay@gmail.com
Bay Front Marina Assessment and Scope of Work Report
November 26, 2013
ARCHITECTURE
CONSTRUCTION
MARINE DIVISION
SEAWALLS. DOCKS
WHARFS. MOORING;:
ENVIROMENTAL STUDIES,
MAINTENANCE, REPORTS
This letter is intended to address the Bay Front Marina existing conditions and
recommend repairs/maintenance that should be performed. The report is divided into
sections to describe the construction of each component and the attached sheet outlines
the service life and estimated costs for the repairs and/or replacement of specific items.
Pier. -
The Existing pier is approximately 100 feet long by 16 feet wide with an L-section that is
64 feet long by 12 wide. The pier is generally constructed with Douglas Fir that includes
12" x 12" caps, 4" x 12" stringers, 4" x 12" decking and 6" x 6" toe rails and is supported
by 43 pilings that are 12" wood treated piles.
There are approximately 43 - Douglas Fir creosoted treated piling supporting the old fuel
pier. Originally the pilings were installed in the 1950's or 1960's by Union Oil Company,
The Commercial Fisherman's Corporation replaced the pilings in approximately 1980
with old growth Douglas Fir creosoted treated pilings with a 20-30 4 treatment. Service
life expectancy at that time was approximately 40 years. Several of these pilings have
been replaced over the years however; it appears that some pilings are in need of
replacement. It is recommended that the additional repair and/or replacement should be
performed as listed in the attached sheet.
While most of the existing pier has an expected life span of 10 to 20 years however the
eastern portion, approximately 16 feet, of the pier requires the following maintenance in
order to extend the service life to 20 years:
1. Replace a minimum of 3 piles with new steel or treated wood piles or install steel
pipe sleeve over existing wood piles. Not all piles are in a condition that requires
immediate replacement but, there are at least three piles that should be replaced
within the first year and the remaining should be inspected and replaced as needed
to insure structural integrity of the pier.
�J
C , J
LAND
ri-!579yi
A201 ldine in StMain St..
Mono Bay,436Calf. 93442
1-805-772-8
home office 72-84 528-3944
Fax, , :and.7 .Inl6
E-maA, lanA.sea.inlerlace.
monobay@9mail.cnm
SEA INTERFACE
ARCwTECTIJRE
CONSTRt1CT)ON
MARINE DIVISION
SEAWALLS. DOCKS
WHARFS. MOORINCS
EWROMENTAL STUDIES,
MWNTENANCE,REPORTS
2. Replace stringers with 4" x 12" wood/steel and decking material of 4' x
12'treated wood material.
3. Inspect caps and replace as necessary.
4. The "L" section of the pier has 4 pilings that should be replaced as soon as
feasible after the necessary permitting is obtained.
5. The remaining components should be inspected and replaced as needed to insure
structural integrity of the pier.
Additional repair should be performed as listed in the attached sheet.
Docks:
The existing head float is approximately 6' by 360' feet and the finger docks are
• approximately 30 feet long by 4 wide. The docks are generally constructed with old
growth select structural grade or No 1 Douglas Fir with a Fb of around 2400 p,s,i. (from
table 25 A-1 U.B.C. 1991) that includes 2" x 4" decking and 6" x 6" side supports.
The exterior of these structural elements shows wear but upon test boring, the interior of
the member appear in good shape. The treatment of this lumber is 20-30# p.s.i. creosote.
There are approximately 38 — 12 inch diameter free standing treated piling supports for
the finger slips and of those, 18 were replaced in October 2001 with ACZA treated
wooden piles with an estimated service life expectancy of 30-40 years. The remaining
original finger slip pilings were installed around 1978-80. These pilings were of old
growth Douglas Fir creosoted treated pilings with a 20-30 # treatment. Service life
expectancy at that time was approximately 40 years.
Most of the existing head float has an expected life span of 15 to 20 years. However, the
head float adjacent to finger docks 1-3 has piling rings that should be replaced within the
next I to 3 years and the head float adjacent to finger docks 3 — 7 has piling rings that
should be replaced within the next 1 to 3 years .The decking should be replaced with
approximately the next 5 to 10 years. The floatation in these sections should also be
replaced in approximately the next 15 years. The head float adjacent to forger docks 8 —
l2 needs additional floatation under the gangway and this work should be done in the
next year. In addition, all of these sections should replace the worn deck hinges, piling
retainers and decking within the next approximate 3 years.
0
LAND
Marine workshop
201 Main St.
Morro Bay, Calif. 93442
1.805-772-8436
home office 1-805 528-3944
Fax, 1-605-772-8436
E-mail, land. sea. interface.
morrobay@gmaii.com
SEA INTERFACE
ARCHITECTURE
CONSTRUCTION
MARINE MSION
SEAWALLS DOCKS
WHARFS, MOORINGS
ENVIROAENTAL STUDIES,
MAINTENANCE, REPORTS
The finger docks are in general good condition but, there are some repair, maintenance
and replacement that recommended to extend the overall service life to 20 years. See
attached sheet for specific items and cost estimates.
Gangways:
The gangways are constructed of aluminum/steel or wood and are approximately 25 feet
long and 4 feet wide. The existing gangways were replaced in 1999 however; gangway
#1 is in fair condition and should be replaced in approximately 5 years. In addition,
gangway #2 and # 3 are in good condition and should be considered for replacement in
approximately 10 to 15 years. The following addition should be added to the gangway
area.
1. Install a landing at the end of the gangway
Other Repair & Maintenance:
1. Repair the existing railings along the building edge.
2. Repair electrical conduit at locations indicated on work plan.
Repair water valve.
Conclusion:
With the implementation of the above and attached recommendations within the
prescribed timeline, the overall service life of the floating docks will be extended to a
minimum of 20 years. This will also bring the structures into compliance with current
standards. In addition, the pier overall service life expectancy will be 20 years with the
repairs as recommended in this report.
Gene Doughty
Architect
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L'J
E
RESOLUTION NO. 11-14
AUTHORIZATION FOR THE CITY OF MORRO BAY
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
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS; City of Morro Bay (City) applied for a grant from the Division of
Boating and Waterways (DBW) under the Boating Safety and Enforcement (BS&E)
grant program; and
WHEREAS, DBW awarded a grant of S11,000 under the BS&E program for the
purchase of a new Harbor Patrol vessel trailer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay; California, that the City of Morro Bay is hereby authorized to enter into
BS&E contract #C8956109 with DBW for the purchase of a new boat trailer; and
BE IT FURTHER RESOLVED, that the Harbor Director is hereby authorized
to act as the City's agent in regard to all aspects of the grant agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 28th day of January, 2014 on the following vote:
AYES: Irons, C. Johnson, N
NOES: None
ABSENT: None
ATTEST:
A"!/ice
JarriKe Boucher. City Clerk
Johnson, Leaee. Smukler
J e L. Irons. Mav67
C1
® RESOLUTION NO.10-14
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORWNIA
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 LAW
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Measure "S" was passed by the citizens of Morro Bay at the
election held 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 Primary Election with a runoff election, if necessary, to follow in the
November election. For municipal general elections held at the time of the statewide
primary, California Election Code Section 8140, together with Election Code Section
10260 and other applicable Election Code provisions provide that a candidate is elected
® at that time only if he or she receives votes on a majority of the ballots cast: and
WHEREAS, the City Council of the City of Morro Bay called a Primary Municipal
Election to be held on Tuesday; June 3, 2014 for the purpose of the election of two (2)
members of the City Council of said City for the full term of four (4) years, and for the
election of one (1) Mayor of the City Council of said City for the full term of two (2) years;
and
WHEREAS, it is desirable that the Primary Municipal Election be consolidated
with the Statewide Primary Election to be held on the same date and that within the Citv
the precincts, polling places and election officers of the two elections be the same, and
that the County Election Department of the County of San. Luis Obispo. canvass the
returns of the Primary Municipal Election and that the election be held in all respects as if
there were only one election.
NOW, THEREFORE, the City Council of the City of Morro Bay, California.
does resolve. declare, determine and order as follows:
SECTION 1. That pursuant to the requirements of Section 10403 of the
Elections Code, the Board of Supervisors of the County of San Luis Obispo is hereby
requested to consent and agree to the consolidation of a Primary Municipal Election with
the Statewide Primary Election on Tuesday, June 3, 2014, for the purpose of the election
of one (1) Mayor, and two (2) Members of the City Council.
E
® Resolution No. 10-14
Page Two
SECTION 2. That the County Election Department is authorized to canvass the
returns of the Primary Municipal Election. The election shall be held in all respects as if
there were only one election; and only one form of ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to issue instructions to
the County Election Department to take any and all steps necessary for the holding of the
consolidated election.
SECTION 4. That the City of Morro Bay recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the
County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this
Resolution with the Board of Supervisors and the County Election Department of the
County of San Luis Obispo.
SECTION 6. That 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 City Council of the City of Morro Bay at a
regular meeting thereof held on the 20 day of January 2014 following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ATTEST:
JA- E BOUCHER: City Clerk
11
I E L. I NS, M 'or
�J
0
RESOLUTION NO. 09-14
® RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA,
ADOPTING THE CITY OF MORRO BAY INVESTMENT POLICY AND
DELEGATING AUTHORITY TO THE CITY TREASURER
TO INVEST IDLE FUNDS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS; the City Council of the City of Morro Bay desires to prudently invest the idle
funds of the City to maximize the use of taxpayer funds; and
WHEREAS, the California Government Code Section 53600.3 states that "all governing
bodies of local agencies, or persons authorized to make investment decisions on behalf of those
local agencies. investing public funds, pursuant to this chapter, are trustees, and therefore,
fiduciaries subject to the prudent investor standard:" and
WHEREAS, per California Government Code Section 53646(a)(2), all local agency
governing boards may render, to the legislative body of that local agency, a statement of investment
policy, which the legislative body of the local agency shall consider at a public meeting, and shall
also consider any change in the policy; and
® WHEREAS, per California Government Code Section 53607, the legislative body may
delegate investment authority and responsibility to the Treasurer, and/or designated staff, for a
period of one year subject to annual review and monthly review of transactions initiated by the
designee; and
WHEREAS, the City Council determines that future presentation of the Investment Policy
is to occur when material changes are made, and include a corrected (red -lined) copy of the existing
policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay
that the Statement Policy, attached hereto, is adopted, and that the City Treasurer is hereby
authorized to cam out this policy on behalf of the City Council.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, on the 280' day
of January, 2014, by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
JrL. IRONS, Mayor
JANa BOUCHER. City Clerk
•
C
CITY OF MORRO BAY
INVESTMENT POLICY
JANUARY 2014
PURPOSE
This investment policy establishes the practices and procedures to be used in managing the
City of Morro Bay's (City) portfolio in accordance with the requirements of the State of
California Government Code and the guidelines provided by the California Debt and
Investment Advisory Commission (CDIAC) and the Government Finance Officers Association
(GFOA).
SCOPE OF THE POLICY
This policy governs the investment of money that is not required to meet the immediate
needs of the City.
® LEGAL AUTHORITY
Government Code Sections: California Government Code Sections 53600 to 53609, 53635,
and 16429.1 govern the investment of local agency funds.
Legislative Changes. Any applicable legislative actions will be acted on as of their effective
dates and will be incorporated into the policy annually, specifying the California Government
Code sections that have been added, deleted or amended.
OBJECTIVES
The City Treasurer will consider the following factors in priority order when assessing
investment opportunities:
Safety.• The primary objective is the preservation of principal. Capital losses will be
avoided, whether from default or erosion of market value, meaning that the City will
not sell or trade an investment because of market fluctuation. The two types of risk
to be minimized are:
1. Credit risk — the risk that an issuer or other counterparty to an investment will not
® fulfill its obligations; and
2. Interest rate or market risk — the risk that changes in interest rates will adversely
affect the fair value of an investment.
1
Liquidity: The second objective is the liquidity of the portfolio. The portfolio should
remain sufficiently flexible to enable the City to meet the operating requirements that
are reasonably anticipated. In order to ensure liquidity, the investment policy must
recognize that calculating cash flows are the basis of any good investment strategy.
Meeting the daily cash flow demand goes hand -in -hand with meeting the City's
liquidity needs.
Yield. The third objective, behind safety and liquidity, is attaining a market rate of
return throughout the budgetary and economic cycles.
While managing the portfolio, the Treasurer and designated staff will strive to maintain public
trust by avoiding any transactions that might impair public confidence in the City. When
selecting investment instruments, the Treasurer and designated staff will remain cognizant of
any social and policy considerations that have been established and defined in this policy.
GENERAL STRATEGY
The .Treasurer and designated staff may follow a passive or active investment strategy.
Passive investment policies adhere to the investment goal of holding investments to maturity.
Active investment strategy is the buying and selling of investments to achieve a certain
benchmark objective. Great care, coupled with the advice of a fiscal agent, should be
followed with an active investment policy. 40
The City, as stated above in the Objectives section under Safety, follows the passive
investment strategy of holding investments to maturity.
STANDARD OF CARE
Prudent Investor Standard: The prudence standard for trust investing traces back to Harvard
College v. Amory, 26 Mass. (9 Pick.) 446 (1830). Judge Samuel Putnam stated that trustees
should "observe how men of prudence, discretion and intelligence manage their own affairs,
not in regard to speculation, but in regard to the permanent disposition of their funds,
considering the probable income, as well as the probable safety, of the capital to be
invested."
This standard will be followed by the Treasurer and designated staff.
Ethics and Conflict of Interest: The Treasurer and designated staff shall refrain from
personal business activities that could conflict with the proper execution of the investment
program or which could impair their ability to make impartial decisions.
2
Delegation of Authority: The following, positions and corresponding City personnel are
® delegated the power to invest the funds of the City:
City Manager: "yea deer
Admin Services Dir/Treasurer: Susan Slayton
Human Resources Analyst: Laurie Goforth
Senior Accounting Technician: Cristie Brazzi
These designations may change with the annual affirmation of this policy. Each delegate is
required to adhere to the requirements set forth in the investment policy.
SAFEKEEPING AND CUSTODY
Third -party Safekeeping: Ownership of the City's investment securities will be protected
through third -party custodial safekeeping. The custodian will provide the City with a
safekeeping receipt or monthly, itemized statement. Exceptions to this requirement are
made for certificates of deposit, money market funds and investment pools.
Internal Controls. These are designed to ensure that the assets of the City are protected
from theft, loss, or misuse. Such internal controls that are in place include:
1. Control of collusion;
® 2. Separation of duties;
3. Safekeeping of securities; and
4. Written confirmation of telephone transactions and wire transfers.
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The City will separate the person who authorizes or performs the transaction from the person
or people who ultimately record or otherwise account for the transaction to achieve
separation of duties.
Delivery vs. Payment. All investment transactions should be conducted using standard
delivery vs. payment procedures. In delivery vs. payment; the purchaser pays for the
securities when they are delivered either to the purchaser or his/her custodian, and ensures
that securities are deposited in an eligible financial institution prior to the release of funds.
AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City will only conduct business with approved banks, savings and loans, credit unions,
and securities brokers/dealers. A list of financial dealers and institutions is to be maintained.
Broker/dealers and institutions must meet all requirements established by federal and state
law.
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SUITABLE AND AUTHORIZED INVESTMENTS
Authorized Investment Types: The City, by virtue of California Government Code Sections
53600 — 09, has the ability to invest in numerous types of instruments. The City has looked
at its goals, objectives, and standards of care in establishing a list of authorized investment
types that also meet statutory requirements. Those types of investment instruments that
meet the criteria for the City are:
1. Securities of the U. S. Government, or its agencies;
2. California's Local Agency Investment Fund (LAIF) pool;
3. FDIC Insured Certificates of Deposit up to $250,000;
4. Bankers' Acceptances (not exceeding 40% of the City's portfolio/max maturity
180 days);
5. Money Market funds;
6. Collateralized deposits ;
7. Passbook savings accounts; and
8. Repurchase agreements and reverse
25% of the City's portfolio).
repurchase agreements (no more than
Prohibited Investment Types: In addition to a listing of authorized investments, California
Government Code Section 53601.6 prohibits local agencies from investing in the following
instruments:
1. Inverse floaters;
2.. Range notes or mortgage -derived, interest -only strips;
3. Any security that could result in zero interest accrual if held to maturity;
4. Stock; and
5. Futures or options.
There may be additional investment instruments in which the City does not want the
Treasurer to invest, and those will be defined in future investment policies.
INVESTMENT PARAMETERS
Diversification of Investments: The City may choose to impose more stringent restrictions or
further restrictions on other investment instruments, depending on its investment goals and
risk tolerances, than those proposed in the California Government Code Sections 53600 - 09.
The City has indicated those authorized investments as follows:
1. Money market funds;
2. Collateralized deposits;
3. Securities of any one issuer, not to exceed 5% of the City's portfolio, except
those obligations of the U.S. government, U.S. governmental agencies, and
U.S. government -sponsored enterprises;.
4. Mutual funds; and
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5. FDIC insured certificates of deposits.
® Maximum Maturity: California Government Code Section 53601 lists the maximum maturity
for any instrument as five (5) years. The exception to this time frame is made for
investments with LAIF or collateralized deposits.
Minimum Credit Requirements: The City has chosen to follow the California Government
Code Section 53601 that sets the minimum credit rating required for certain investment
instruments as follows:
1. Short-term debt shall be rated at least "A-1" by Standard & Poor's Corporation,
"P-1" by Moody's Investors Service, Inc., or "F-1" by Fitch Ratings. If the issuer
of short-term debt has also issued long-term debt, this long-term debt rating
shall be rated at least "A," without regard to +/- or 1, 2, 3 modifiers, by
Standard & Poor's Corporation, Moody's Investors Service, Inc., or Fitch
Ratings.
2. Long-term debt shall be rated at least "A, without regard to +/- or 1, 2, 3
modifiers, by Standard & Poor's Corporation, Moody's Investors Service, Inc., or
Fitch Ratings.
Maximum Weighted Average Maturity of a Portfolio: As part of the monthly portfolio
performance report that is provided to the City Council, a weighted average maturity (WAM)
® of the portfolio is calculated. While there are no requirements under state law for a
maximum WAM of a portfolio, CDIAC's Local Agency Investment Guidelines suggest that local
agencies include and monitor WAM to arrive at an acceptable range for future
implementation of a maximum benchmark.
PORTFOLIO MANAGEMENT ACTIVITY
Active or Passive Portfolio Management.- In active portfolio management, treasurers buy and
sell securities based on how to maximize portfolio values over a given timeframe. In passive
portfolio management, the goal is to match a market rate of return (usually a benchmark).
Weighing the pros and cons of each strategy in light of staff resources and investment, the
City has chosen to follow a passive portfolio management strategy.
Competitive Bidding: Investments are purchased in the most cost effective and efficient
manner utilizing approved brokers/dealers on all investment transactions.
Reviewing and Monitoring of the Portfolio: The portfolio is to be reviewed on a monthly basis
to ensure that the investments are being properly tracked and reported.
Portfolio Adjustments: If the portfolio demonstrates non-compliance with the investment
policy, the Treasurer and designated staff may hold the affected securities to maturity to
®avoid losses; however, the Treasurer may choose to rebalance the portfolio earlier to bring it
back into compliance only if the portfolio will not suffer any losses for selling the investment
prior to maturity.
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Performance Standards: The objective of investing is to obtain a rate of return throughout
budgetary and economic cycles, commensurate with investment risk constraints and cash is
flow needs.
REPORTING
Reporting Methods: On a quarterly basis, the investment portfolio will be presented at a City
Council meeting along with the quarterly financial reports, and will list the following
components:
1. Types of investment;
2. Issuer names;
3. Dates of maturity;
4. Par amounts;
5. Dollar amounts;
6. Market values;
7. Descriptions of programs under the management of contracted parties;
8. A statement of compliance with the investment policy; and
9. A statement of the ability to meet cash flow needs for six months.
Governmental Accountings Standards Board (GASB) Statement No. 31 - Marking to Market.
The City's portfolio is to be marked -to -market for the monthly investment report provided to
the City Council and at minimum, annually for the financial statements. Market values are to .10
be obtained from a reputable and independent source and disclosed to the City Council in the
monthly written report. The independent source of pricing should not be one of the parties
to the transaction being valued. Such an independent source could include a broker or other
financial institution that was not counterparty to the transaction, the custodial bank'if the
bank was not a counterparty to the transaction, publicly available. publications such as The
Wall Street Journal, or other pricing services for which a separate fee would be paid.
This is consistent with GASB Statement No. 31, which requires that governmental entities
report investments at fair value, and with the California Governmental Code, which also
requires market values of investments be reported.
Calculation of Yield and Costs: All yield rates on investments will be presented at book value.
Investment Policy Adoption, Review, and Amendment.- The investment policy will be
reviewed, amended, and presented to the City Council annually at the beginning of the
calendar year. The review should ensure that the policy is consistent with the overall
objectives of preservation of principal, liquidity, and return, and is in conformance with the
law, financial and economic trends, and the cash flow needs of the local agency.
Definitions or Glossary of Terms: This investment policy includes a definition section
(Appendix A) in order to establish a common vocabulary between the Treasurer and
designated staff, the City Council, and the public.
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APPENDIX A - INVESTMENT POLICY TERMINOLOGY
® The following are examples of terminology commonly found in California City investment
policies. The inclusion of these sections provides clarity to investment policies and better
enables readers to understand important concepts.
Authorized Financial Dealers and Institutions: A list of financial institutions authorized
to provide investment services. May also include a list of approved security broker/dealers
with which the City can do business. These institutions and broker/dealers are usually
selected by their ability to add value to the investment process. Some criteria to consider
when choosing an approved broker/dealer include creditworthiness, expertise, and the
products in which the financial dealer or institution is familiar. GFOA suggests that all entities
qualifying for investment transactions. provide audited financial statements; proof of industry
group (National Association of Securities Dealers [NASD]) certification; proof of state
registration; completed broker/dealer questionnaire; and certification of having read,
understood, and agreeing to comply with the investment policy.
Bankers' Acceptance: A draft, bill or exchange accepted by a bank or trust company. The
accepting institution guarantees payment of the bill, as well as the issuer.
Certificate of Deposit: A time deposit with a specific maturity evidenced by a certificate.
Collateralization:. Process by which a borrower pledges securities, property, or other
deposits for the purpose of securing the repayment of a loan and/or security. California
Government Code Section 53601 requires that all repurchase agreements be secured by
eligible securities with a market value of 102 percent or greater of the funds borrowed.
California Government Code requires public deposits to be collateralized at 110%.
Delegation of Authority: The granting of authority to manage the investment program to
designated officials. Such authority is usually derived from code sections, ordinance, charters,
or statutes. Government Code Section 53607, fer examplestates, allew the City Council may
te-delegate, for a one-year period, its authority to invest or reinvest funds or to sell or
exchange securities held by the local government.
Delivery vs. Payment: A type of securities transaction in which the purchaser pays for the
securities when they are delivered either to the purchaser or his/her custodian. It ensures
that securities are deposited in an eligible financial institution prior to the release of funds. A
third -party custodian as evidenced by safekeeping receipts should hold securities.
Diversification: A process of investing assets among a range of security types by sector,
maturity, credit rating, and call type or structure. This reduces exposure to risk by combining
a variety of investments, which are unlikely to all move in'the same direction. GFOA
suggests diversifying a city's investment portfolio by limiting investments to avoid exposure
® to a specific sector, limiting investment in securities with higher credit risks, investing in
instruments with varying maturities, and continuously investing a portion of the portfolio in
readily available funds such as a local government investment pool, money market funds, or
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overnight repurchase agreements to ensure that appropriate liquidity is maintained in order
to meet ongoing obligations.
Ethics and Conflicts of Interest: The California Political Reform Act of 1974 requires
certain designated public officials at all levels of government to publicly disclose their private
economic interests and requires all public officials to disqualify themselves from participating
in decisions in which they have a financial interest. As part of this requirement, local agencies
are required to adopt and promulgate a Conflict of Interest Code, with certain required
sections. To further promulgate this Code, investment policies sometimes include language
requiring the ethical conduct of investment officers and statements regarding refraining from
personal business activity that could conflict with the proper execution and management of
the investment program or that could impair their ability to make impartial decisions. To
avoid conflicts, GFOA recommends that investment officers disclose material interests in
financial institutions with which they do business, disclose personal financial interests that
could be related to the performance of the investment portfolio, and refrain from undertaking
personal investment transactions with the same individual with whom business is conducted
on behalf of the local government.
Exemption: Language that grandfathers prohibited investments into the investment policy -
because they may have been held in the portfolio prior to the prohibition. When these
investments mature or are liquidated, the money should be reinvested as provided by the
policy and the exemption language should be removed from the policy.
FDIC: Federal Deposit Insurance Corporation is a federal agency that insures bank deposits
up to $250,000 per deposit.
General Objectives: The section of an investment policy that illustrates the three main
objectives (safety, liquidity, and yield), in order of priority, of a good investment policy. In
addition to these commonly included objectives, there are a myriad of other objectives for
which an investment policy can strive. Safety is the preservation of principal. Liquidity is how
easily an investment may be redeemed for cash. Yield is the current rate of return on a
security generally expressed. as a percentage of its current price. As per California
Government Code Section 53600.5, safeguarding the principal of the funds under its control
should be the primary objective of local agencies. Liquidity also should be a principal
objective of a portfolio. The portfolio should maintain sufficient liquidity to meet operating
requirements. To accomplish this, a local agency can structure a portfolio so that investments
mature when cash is needed and also by investing in liquid securities with an active
secondary market. Yield should be the last objective an investment portfolio should strive for,
behind safety and liquidity. Since there are many different ways for yield to be calculated, the
investment policy should specify how it is to be calculated.
Internal Controls: The system used to ensure that the local government assets are
protected from loss, theft, or misuse. Such a system should provide a reasonable assurance
that such loss, theft, or misuse can be prevented. Examples include separation of duties,
delegation of authority, and documentation. GFOA suggests that an internal control system
address the following points: control of collusion, separation of transaction authority from
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accounting and recordkeeping, custodial safekeeping, avoidance of .physical delivery of
securities, clear delegation of authority to subordinate staff, written confirmation of
transactions for investments and wire transfers, and development of a wire transfer
agreement with the lead bank and third -party custodian.
Investment Parameters: Specified restrictions on investments to limit the amount of risk
in a portfolio. These parameters may be specified in the California Government Code;
however, the local agency may choose to further restrict investment options depending on its
risk tolerance. Such parameters may include diversification of investments types,
percentages, or dollar limits per issuer and setting maximum maturities.
Investment Types: A recitation of the investment types the local agency has been given
authority in which to invest. This may be a list of securities allowable under California
Government Code Section 53601 et seq., and may be further restricted .by the agency itself.
For a description of the allowable California local agency investment instruments, please see
CDIAC's latest version of its Local Agency Investment Guidelines, available on its website at
www.treasurer.ca.gov/cdiac. GFOA recommends the investment in the following types of
securities: U.S. government securities and agency obligations; highly -rated certificates of
deposit, bankers' acceptances, commercial paper; investment -grade state and local
government obligations; repurchase agreements securitized by the previously -mentioned
securities; SEC -regulated, dollar -denominated money market mutual funds; and local
government investment pools.
® LAIF: Local Agency Investment Fund, the State of California's investment pool in which
cities, counties and special districts may participate.
"Liquidity: A liquid asset is one that can be quickly and easily converted into cash without.
loss in value.
Market Value: The price at which a security is trading at a point in time. Selling an
investment at market value can result in a gain ($500,000 investment sold for $515,000 =
$15,000 gain) or loss ($500,000 investment sold for $498,000 = $2,000 loss). Gains and
losses are dependent on changes in the current rate of interest as compared to the interest
rate of the investment that is being considered for sale.
Marking -to -Market: The act of recording the price or value of a security to reflect its
current market value rather than its book value.
Maximum Maturities: Maturity is the date on which the security or obligation is redeemed
by the issuer in exchange for cash. California law states that local governments cannot invest
in instruments with terms remaining to maturity in excess of five years unless they receive
express authority from their legislative bodies to do so. Local governments should attempt to
match investment maturities with anticipated cash flow requirements. There is no
requirement under California law for local governments to have a weighted average maturity
® (WAM) restriction for their portfolio, although CDIAC's Local Agency Investment Guidelines
suggests that local agencies consider adopting a WAM restriction.
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Performance Standards: The criteria by which a stated goal is measured. An investment
portfolio's performance and risk exposure should be evaluated against appropriate
benchmarks on a regular basis. One standard that should be strived for should be a market
rate of return in a given interest rate environment.
Policy Considerations: The local ordinances or, other requirements that place restrictions
on the policy. Local governments should consider what should be exempted from the policy
and also when, or under what circumstances, the policy should be amended.
Pooling of Funds: A statement in the investment policy that except for certain restricted or
special funds, cash balances should be consolidated from all funds to maximize investment
earnings.
Portfolio: The collection of investment instruments held.
Prudent Investor Standard: Legal maxim that all investments should be made with care,
skill, prudence and diligence under the circumstances then prevailing, which persons of
prudence, discretion, and intelligence exercise in the professional management of their
business affairs, not for speculation, but for investment, considering the probable safety of
their capital as well as the probable income to be derived.
Reporting: Presentation of evaluation data or other information to communicate processes,
roles, and results. Investment policies should include reporting requirements such as
methods of reporting investments, the standards against which investments should be
reported, and the requirement for calculating market value.
Reporting Methods: Ways in which investment outcomes are reported including listing of
instrument values, dollar value returns, percentage yields, etc. GFOA suggests that local
governments prepare investment reports at least quarterly. In California, investment reports
are no longer required to be submitted to legislative bodies. This requirement is now
permissive. If a local government chooses to submit an investment report in accordance with
California Government Code Section 53646 to their legislative bodies, they are still required
to submit copies to CDIAC for the second and fourth quarter of every calendar year until
January 1, 2007. GFOA goes on to list some suggested components of investment reports
including listing of securities, gains and losses, average weighted yield to maturity ,as .
compared to benchmarks, listing of investment by maturity date, and percentage of the total
portfolio which each type of investment represents.
Repurchase Agreements: A repurchase agreement is a form of short-term borrowing for
dealers in government securities, which are highly valued and thus considered a good source
of collateral. The dealer sells the government securities to investors, usually on an overnight
basis, and buys them back the following day. Investments in repurchase agreements may be
made when the term of the agreement does not exceed one year.
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Risk: Two of the most common risks associated with local government portfolio investing
are credit risk and interest rate risk. Credit risk is the risk to an investor that an issuer will
to default in the timely payment of interest and/or principal on a security. Interest rate risk is
the risk that the market value of securities in the portfolio will fall due to changes in general
interest rates. Limiting investment to the safest types of securities, pre -qualifying financial
institutions, broker/dealers, and others with which the local agency will do business, and
diversifying the number of issuers in an investment portfolio can minimize credit risk. Interest
rate risk can be minimized by structuring the portfolio so that investments mature at the
same time that cash is required or investing operating funds in highly liquid, shorter -term
securities (e.g., U.S. Treasury bills or notes).
Safekeeping and Custody: Rules derived to ensure the safety of an investment and
within whose control the investment resides. Some examples include third -party safekeeping,
developing lists of authorized financial dealers and institutions, developing internal controls,
and using a delivery vs. payment standard for transactions. Local agencies should consider
requiring securities to be held by third -party custodians, evidenced by timely statements
illustrating the balance held by these custodians.
Scope: The types of funds that the policy covers (e.g., operating funds, bond proceeds,
etc.). In general, investment policies cover short-term operating funds. Longer -term funds
such as retirement funds are covered by other policies. The investment of bond funds usually
is governed by the bond documents such as the trust indenture.
® Standards of Care: The degree of care that a reasonably prudent person would exercise in
the investment of local agency.funds.
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RESOLUTION NO.08-14
® RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AUTHORIZING SUBMISSION OF APPLICATION
TO THE RURAL TRAiN'SIT FUND GRANT PROGRAM
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) annually adopts
the Federal Transit Administration (FTA) Section 5311 formula funds Program of Projects (POP);
and
WHEREAS, SLOCOG began the Rural Transit Fund (RTF) program with Resolution 02-
16 on December 5, 2002 by programming FTA Section 5311 funds to the San Luis Obispo
Regional Transit Authority (RTA); and
WHEREAS, RTA has agreed to use these Federal funds for operating support and
SLOCOG has agreed to exchange a similar amount of Transportation Development Act (TDA)
funds for use in the RTF program; and
WHEREAS, SLOCOG, RTA. and other rural transit operators worked together to develop
a process to exchange FTA Section 5311 formula funds with TDA funds to create the RTF,
including Policies and Procedures to govern the RTF program; and
® WHEREAS, the Policies and Procedures developed ensure that all funds vdll be used
solely for rural transit projects consistent with the original intent of the FTA Section 5311
program; and
WHEREAS, there is $453,000 available for competitive distribution with project
applications for the 2014/2015 RTF cycle due February 3, 2014.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California, that the Public Services Director, or his duly appointed representative. is
authorized to submit an application to the Rural Transit Fund for the purchase of a transit
vehicle.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 28 s day of January, 2014 on the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None V
ABSENT: None
ABSTAIN: None
J ie L Irons. Mayor
ATTEST:
® a,,, ��
JaA4e Boucher. City Clerk
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RESOLUTION NO. 07-14
® A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT (#UPO-371) —
THE MORRO CREEK MULTI -USE TRAIL AND BRIDGE PROJECT
AND THE ASSOCIATED NEGATIVE DECLARATION
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay conducted a public hearing at the
Morro Bav Veteran's Hall, 209 Surf Street, Morro Bay, California, on January 14. 2014, for the
purpose of considering the Negative Declaration and the Conditional Use Permit (9UPO-371):
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, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing: and
® WFIEREAS, the City Council has reviewed this project in compliance with the
California Environmental Quality Act (CEQA.
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 finds:
California Environmental Oualih, Act (CEQA)
1. That for purposes of the California Environmental Quality Act, an Initial Study was
prepared for the project which resulted in a Mitigated Negative Declaration. The
Mitigated Negative Declaration was routed to the State Clearinghouse for the required 30
day review and all other legal noticing and review has been met. The project applicant
agreed to all mitigations. With the incorporation of these mitigations the project will have
a less than significant impact on the environment.
Conditional Use Permit Findines
2. That the project is an allowable use in its zoning district and is in accordance with and
consistent with the certified Local Coastal Program and the General Plan for the City of
Morro Bay.
3. That the establishment, maintenance, or operation of the use applied for will, under the
® circumstances of the particular case, will not be detrimental to the health, safety, morals,
comfort and general welfare of the persons residing or working in the neighborhood of
such proposed use and that the project will be consistent with all applicable zoning and
plan requirements as indicated in the attached staff reports dated December 18, 2013 and
January 14. 2014.
4. That the use will not be injurious or detrimental to property and improvements in the
neighborhood or the general welfare of the City since the project, as conditioned, will be
conducted consistent with all applicable City regulations, as indicated in the attached
staff report dated December 18, 2013 and January 14, 2014.
Section 2. Action. The City Council does hereby approve Conditional Use Permit mUP0-371 and
the associated Mitigated Negative subject to the following conditions:
Standard Conditions
1. This permit is granted for the land described in the staff report dated December 18, 2013,
for the project depicted on plans dated October 29, 2013 on file with the Public Services
Department, as modified by these conditions of approval, and more specifically described
as follows:
Site development, including the bridge and other features of the project, shall be
located and designed substantially as shown on plans, unless otherwise
conditioned.
2. Inaugurate Within Two Years: Unless the construction or operation of the structure,
facility, or use is commenced not later than two (2) years after the effective date of this
® approval 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. Said extensions may be granted by the Public
Services Director, upon finding that the project complies with all applicable provisions of
the Morro Bay Municipal Code, General Plan and Local Coastal Program Land Use Plan
(LCP) in effect at the time of the extension request.
.3 Changes: Minor changes to the project description and/or conditions of approval shall be
subject .to review and approval by the Public Services Director. Any changes to this
approved permit determined not to be minor by the Director shall require the filing of an
application for a permit amendment subject to City Council review. In no case shall
modifications be made which alter the project description as stated in the Initial Study.
4. Compliance with the Law: (a) All requirements of any law, ordinance or regulation of the
State of California, City of Morro Bay, 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 Morro Bay Municipal Code, and shall be consistent with all
programs and policies contained in the certified Coastal Land Use Plan and General Plan
for the City of Morro Bay.
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
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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
® understands and acknowledges that 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 and/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 from the Planning
Division, Public Works Division, Fire Department, Harbor Department, Police
Department and the Building Division (as applicable). Deviation from this requirement
shall be permitted only by written consent of the Public Services Director and/or as
authorized by the Planning Commission/City Council. Failure to comply with 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
Morro Bay Municipal Code and is a misdemeanor.
7. Compliance with Morro Bay Standards: This project shall meet all applicable
requirements under the Morro Bay Municipal Code, and shall be consistent with all
programs and policies contained in the certified Coastal Land Use plan and General Plan
for the City of Morro Bay.
® 8. Conditions of Approval on Building Plans: Prior to the issuance of a Building Permit, the
final Conditions of Approval shall be attached to the set of approved plans. The sheet
containing Conditions of Approval shall be the same size as other plan sheets and shall be
the last sheet in the set of Building Plans.
It is the applicant's responsibility to contact the Planning Division for inspections related
to this project including all inspections relating to environmental mitigations. Please note
that the City of Morro Bay requires 24 hour notice to schedule an inspection. Contact
information is on the City's website at )vN w.morro-bay.ca.us
Fire Conditions
1. Live Loading. The bridge shall be designed to bear sufficient load capacity to support the
imposed loads of fire apparatus (CFC 102.1). Sheet BR-01 depicts Caltrans Standard H-
20 Vehicular Load Standard.
2. Bridge Width. The bridge shall provide adequate clear width to accommodate emergency
fire apparatus. Sheet BR-01 depicts a 12 ft. 6 in. clear width, consistent with our
apparatus specifications and Caltrans requirements.
3. Embarcadero Dirt Road Width. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet exclusive of shoulders, except for approved security gates
in accordance with Section 503.6, and an unobstructed vertical clearance of not less than
® 13 feet 6 inches (CFC 5011). As a result of the project, the existing dirt road width is
reduced to approximately 17 feet in width. In addition to providing and maintaining the
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20 foot width, the project shall provide No Parking signage on both sides of Embarcadero
Dirt Road.
® 4. Bridge Entrance Security. The bridge entrances shall be designed to ensure that no
vehicles, other than emergency vehicles, may have access to the bridge. The City
Engineering Division recommends consideration of Standard MUTCD 9C.101, in the
bridge design, to the satisfaction of the City Engineer.
Public Works Conditions
Conditions:
1. At the intersection of "Dirt" Embarcadero Rd and Coleman Dr. the dirt road shall be
paved for a distance of 15ft minimum, to minimize gravel intrusion in the bike path and
existing street.
2. Provide a new park sign for Coleman Park and relocate the drinking fountain in the park
to the satisfaction of the City Engineer.
3. Due to maintenance issues with the current boardwalk, install a surface that sand will not
be able to migrate under and durable enough that equipment can be used to remove the
sand. The width of this walkway shall be wide enough to allow for the equipment to
access.
4. Stormwater Management: The City shall implement the Post -Construction requirements
required by the Central Coast Regional Water Quality Control Board (R3-2013-0032) for
this project.
Code Requirements:
5. The site appears to have more than one acre of land disturbance and therefore to requires
the project to obtain a Construction General Permit from the Regional Water Board.
Provide a copy of the S WPPP and the WDID provided by the Regional Water Quality
Control Board. Reference the WDID on the first page of the plans.
6. Acquire an easement. for the portion of "Dirt' Embarcadero Rd that is not within City
right-of-way/property.
7. Submit a signage and striping plan to the satisfaction of the City Engineer at the time of
building permit submittal. Refer to the Manual on Uniform Traffic Control Devices
(MUTCD) section 9B.01 the California supplement for signing and delineation.
8. A 2ft horizontal clearance is required from the paved edge of the bike path to any fixed
object. An 8ft vertical clearance is required across the width of the bike path and
pedestrian pathway. (per highway design manual for Class one bike lane)
9. The maximum cross slope of the multiuse path is 2%. Design the plans at 1-1.5% so that
this percent is not exceeded in construction. Design all handicap slopes less than the
® required slopes so that these slopes are not exceeded during construction.
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10. The minimum vehicle travel lane width shall be 1 Oft. Therefore the total road width shall
be 20ft wide minimum. It appears that the multiuse path currently does not allow for the
minimum 20ft vehicle travel lanes.
11. The Bridge entrances shall be designed to ensure that no vehicles (other than Emergency
vehicles) can access the bridge. MUTCD 9C.101 should be considered in this design and
the design shall be to the satisfaction of the City Engineer.
Harbor Conditions
1. The Emergency Beach Access ramp to the sand shall remain open and available at all
times before, during, and after construction. Completed project shall not impede or alter a
minimum ramp approach and ramp width of 25 feet.
The planned crosswalk for the boardwalk and bike path on the south side of Morro Creek
shall be designed without impediments that would inhibit the relocation of the 3,000
pound steel skid lifeguard towers which are relocated at the beginning and end of each
summer season through this crosswalk area.
Plannina Conditions
1. Applicant shall coordinate with regulatory agencies as necessary to provide a minimum
level of lighting along the path to assure basic safety and security of the public. Said
lighting will be no higher than 4 feet from the ground surface and shielded to prevent
impacts to the visual beauty of the night skyline.
Environmental Conditions
1. Applicant shall be subject to the mitigations as detailed in the Mitigation Monitoring and
Reporting Program (MMRP) which is attached hereto as Attachment 1.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 14th day of January 2014 by the follownig vote:
AYES: Irons, C. Johnson, Leage, Smukler
NOES: N. Johnson
ABSENT: None
ABSTAIN: None
J i IE L. IRONS, -Mayor
ATTEST:
W1k-- -
JAME BOUCHER, City Clerk
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® RESOLUTION NO.06-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING THE CITY OF MORRO BAY'S CLIMATE ACTION PLAN AS WELL AS
THE ASSOCIATED NEGATIVE DECLARATION AS A QUALIFIED CAP
THE CITY COUNCIL
City of Morro Bay, California
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 January 14, 2014, for the
purpose of considering the Negative Declaration and the Qualified Climate Action Plan; 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, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing; and
® WHEREAS, global climate change is an issue that the State of California has determined
to be of statewide concern and mandates local action throughout all of California; and
WHEREAS, with the enactment of Assembly Bill 32 (AB32), the California Global
Warming Solutions Act of 2006, local governments are tasked with addressing emission sources
under their purview that contribute to climate change; and
WHEREAS, in 2008, the City Council adopted a Resolution to join the International
Council for Local Environmental Initiatives - Local Governments for Sustainability (ICLEI)
in order to conduct a greenhouse gas (GHG) emissions inventory for the City of Morro Bay; and
WHEREAS. in January 2011, the City received the GHG inventory report, which was
updated in 2012; and
WHEREAS, through support from the Pacific Gas and Electric Company (PG&E) Green
Communities Program and Southern California Gas Company, the San Luis Obispo County Air
Pollution Control District (APCD) secured funds to assist the cities of Arroyo Grande,
Atascadero, Grover Beach, Morro Bay, Paso Robles and Pismo Beach to prepare a GHG
emissions reduction plan for each jurisdiction and the region; and
WHEREAS, the City Council has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that a negative declaration
® can be adopted; and
WHEREAS, the City Council has found that this project is consistent with the Local
Coastal Program, General Plan and the environmental documents associated therewith-, and
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® WHEREAS, the City Council finds after due study, deliberation and public hearing, the
following circumstances exist:
1. The proposed plan will promote the public health, safety, convenience, and general welfare of
the residents of Morro Bay. Evidence of global climate change has been observed in the form of
increased global temperatures, rising sea levels, decreased snow -pack in mountainous regions,
retreating glaciers, increased species extinction and range shifts and an increase in floods and
wildfires. Furthermore, the international scientific community is convinced that deforestation,
emissions from burning fossil fuels, and other industrial processes are the primary factors
contributing to climate change. Locally, climate change may result in increased sea levels,
decreased air quality, increased fire hazard and decreased water supply. The CAP provides the
guidance and policies necessary to implement programs that will reduce greenhouse gases to
minimize the effect of global climate change.
2. The proposed plan is in conformance with the purposes of the Local Coastal Program,
General Plan and all applicable, officially adopted policies and plans. The CAP supports Local
Coastal Program and General Plan policies that encourage reducing traffic, improving public
transit service, increasing safety for pedestrians and bicyclists, reducing flood and fire hazards;
improving air quality and promoting energy conservation.
.environment. proposed plan will have no substantial adverse effect upon the environment. By reducing
the local impacts of global climate change, the CAP will help to ensure that the City of Morro
® Bay remains an environmentally responsible community that is a desirable place to live. work
and play.
4. A copy of the CAP, staff reports and communications are on file in the Public Services
Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro
Bay hereby adopts the Climate Action Plan and the associated Negative Declaration.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 14th day of January 2014 by the following vote:
AYES:
Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
GY/i12(Ac��i%
® JA " BOUCHER, City Clerk
IrIt L. IRONS, , yor
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RESOLUTION NO. 05-14
® RESOLUTION OF THE CITY OF MORRO BAY
ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY
POLICE EMPLOYEES AND RELATED COMPENSATION
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California Government Code Section
3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met
and conferred in good faith pertaining to the subject of wages, benefits and conditions of employment
with the Morro Bay Peace Officers Association (MBPOA); and
WHEREAS, the meetings between the MBPOA and the City have resulted in a mutual
agreement and understanding to recommend that the employees represented by the MBPOA accept all
of the terms and conditions, as set forth in a Memorandum of Understanding, an agreement attached
and made a part of this Resolution herewith; and
WHEREAS, the City now desires to provide said salaries, benefits and conditions to said
police employees of the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
that it hereby approves and adopts, in full, the Memorandum of Understanding for the period July 1,
® 2013 through June 30, 2014, as attached and made a part of this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the Acting
City Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the
City.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof
held this 14`h day of January, 2014 by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ATTEST:
dJt l�
J4MIE BOUCHER. City Clerk
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J E L I NS. Mayor
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Table of Contents
ARTICLEI - PURPOSE ............. .............. .. . .... . . . .... ...................................................................
......
ARTICLE 2 - MANAGEMENT . ........ ........ I ................ .................
ARTICLE 3-RECOGNITION.....
4
ARTICLE 4 - ASSOCIATION BUSINESS
4
ARTICLE 5 - ALFFHM17 AGENTS._._....
5
ARTICLE 6 - WITHHOLDING OF ASSOCIATION DUES AND INSURANCE
5
ARTICLE 7 - TERM — I ... 11 ... 11.1 ......
ARTICLES- RENEGOTIATIONS .. .... — .... .... ........ -- ...... .................. .
7
ARTICLE 9-ANTI-DISCRIMINATION .... .... . .. . . . . ... ...... ... ..... ...
...... . . .... ... 7
ARTICLE 10- WORK SCHEDULE._........__ ................. ... ... .. ... ..... .. ... . .......... ..........
...... 7
ARTICLE I I - VACATION41OLIDAY LEAVE._....
ARTICLE 12 - SICK ...... ..... ... .. .. ... . . .. . ... ... . ..... ...... ... . ...........................
II
ARTICLE 13 - BEREAVEMENT...... ... .. ... ..... ...... ......... ..................
---.12
ARTICLE 14 - RETIREMENT...... .......... ... ...... .... ". . - . . .. ........ . ... ...............
........... 12
•
ARTICLE 15 - HEALTH BENEFITS...._.._ .......... ...... - ... ...... ... .. .. ....... .. .. . ... ... .— ..... ..........................
14
ARTICLE 16 - EDUCATIONAL INCENTIVES ..................... .... ......... ..........
................ Is
ARTICLE17 - UNIFORM& ................ - ...... .......... ............ - .......... ................. - ... ...... ....... — ............
........ 17
ARTICLE 18 - SALARIES ......... ........ -- ........................................... ....... ..............................................................
As
ARTICLE 19 - SPECIAL PAY PRACTPM ........................................................ ...................................................
A8
ARTICLE 20 - BULLETIN BOARD. ........................................................................................................................
.20
ARTICLE 21 - PROBATIONARY PERIOD....__..__—.._ .............. ............. ....... ............. ....................................
210
ARTICLE 22 - DRUG AND ALCOHOL TESTING .................................................... .............................................
21
ARTXIX 23 - GRIEVANCE PROCEDURE.. ... ...... ...... .............................. .........................................
................ 21
ARTICLE 24 - NO STRUCE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK .....................................
222
ARTICLE 2.5 - FULL UNDERSTANDING. MODIFICATION, WAIVER ......... - ...................................................
22
ARTICLE 26 - SEVERABILITY .. . ............. I . ......... ..... . ................ . ...............................................
... --2.3
City of Mo Bay PDA FWd 21I2-21113 Page i
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE MORRO BAY PEACE OFFICERS' ASSOCIATION
AND THE CITY OF MORRO BAY
20-12-2013-2014
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, 2042 _ _ - Formatted: FordooW Auto
2013 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 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 cant' 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.
City of Morro Bay POA "--.,..o.- �o,��^ '' 2013-2014 Page I
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2.12 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 A To direct, supervise, recruitselect, 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 performance of other public safety 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 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 method of financing
2.1.10 To plan, determine, and manage Departments budget which includes. but
is not limited to, changes in the number of locations and types of
operations, processes and materials to be used in carrying out all 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
Cm of Vom+Rm PO4 �22013y014 1""
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 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 agreement.
2.1.20 To take any and all necessary steps and actions to carry out the service
requirements and mission of the CITY in emergencies or any other time
deemed necessary by the CITY and not specified above.
2.2 Nothing herein is meant to diminish CITY rights provided by the Government
Code.
2.3 Nothing herein is meant to diminish the Peace Officers' Bill of Rights as set forth
in the Government Code.
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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 agreement.
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
Dispatch Supervisor
Police Officer
Code Enforcement Officer
• Public Safety Dispatcher
Crime Prevention Officer
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
City of Morro Bay POA Fowl--�2013?�014 Paz, 4
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when such meetings are scheduled during regular working hours. Should such
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
employees attending any one meeting between CITY and 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 Municipal Employee Relations Officer at least two working
days in advance of such meetings. Provided further (1) that 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) that 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 express purpose of administering the terms and provisions of this agreement:
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) 772-6200) except where a particular management
representative is specifically designated in the agreement.
5.2 The Morro Bay Peace Officers' Association 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 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 CITY to make agreed deductions; specifying
City of Mono Bay POA F"-,. 4-204^ 2013-2014 Page 5
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the amount of each deduction; and authorizing CITY to issue a single check,
payable to ASSOCIATION, 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 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
CITY. ASSOCIATION 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 and shall contain the following information. Employee name.
social security number, job classification and department name. Also, such
change notice must include a copy of the notice sent to the employees officially
telling 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 of Understanding must remain on
payroll deduction for the life of the Agreement or so long as they remain members
of the UNIT. ASSOCIATION members who establish payroll dues deduction
during the term of this Memorandum of Understanding 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 Administrative Services 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, job classification. and department name.
6.3 ASSOCIATION shall indemnify and hold harmless the City of Morro Bay, its
officers, agents. and employees from any and all claims. demands, damages,
costs, expenses. or liability arising out of this Article
6A DEPOSIT OF DEDUCTIONS
It is agreed that 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 CITY
under the same conditions as prevails for deductions as set forth above.
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ARTICLE 7 — TERM
Except as otherwise provided herein, the term of this Agreement commences on July 1,
2832-2013 and expires and is otherwise fully terminated on June 30, 20432014.
ARTICLE 8 - RENEGOTIATIONS
8 1 The parties agree to commence renegotiations for a successor agreement for the
period beginning July 1, 201-3-2014 as soon as administratively possible following
January 1, 20132014.
8.2 The parties agree that, upon reaching a ground rules agreement, except by
mutual agreement, no new subjects may be introduced into the process after the
third (3rd) negotiations meeting.
8.3 City and MBPOA agree to conduct a joint compensation survey to be completed
by April 1, 20132014.
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.
The implementation of an alternate work schedule shall not incur any CITY
obligation to allocate additional sworn/dispatch personnel, vehicles or equipment.
All deployment of sworn/dispatch 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
City of Mono Bay POA "n9l NO 013.2014 I'acc 7
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.
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 agreement. Compensatory Time Off
(hereinafter "CTO") shall be earned at the overtime rate of one and one-
half times the number of overtime hours worked as defined in Articles
• 10 2 1 and 10 22 CTO may be accrued up to a maximum of 120 hours.
Overtime earned in excess of the CTO maximum accrual shall be
compensated in cash.
102.4 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.
Cm of Morro BaN POA rH,.11 @,L- + 2013 M0 Pacc 8
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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.
fi�i�7_LN11LeL`1
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 226 hours. When an
employee reaches the maximum accrual limit of 226 hours, the employee
shall cease to accrue vacation leave until the usage of vacation causes the
balance to be less than 226 hours.
Employees who have a requested vacation denied or canceled within 60
days prior to reaching the 226 hour accrual maximum shall, upon request,
City of Morro Bay POA ., Wo 2042-2013-2014 Page 9
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be given an additional 60 days following reaching the maximum to utilize
vacation prior to ceasing to accrue.
11.2 HOLIDAYS
11.2.1 For the purpose of this agreement, 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
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Day after Christmas
Floating Holiday
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
July 4
1 st Monday in September
November 11
4th Thursday in November
Friday after Thanksgiving
December 25
December 26
Varies
11.2.2 Employees who work a holiday listed above shall be paid one and one-
haH (1.5) times their base hourly 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
1123 Holidays Prodaimed 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.
11.2.4 Accumulated Holiday Leave may be scheduled and taken upon approval
of the Police Chief/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 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.
(Cin m Mom, 11" FN I % "--'...�" 201%sQj4
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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 1
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 (40) forty 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,
employee may convert unused accumulated sick leave into paid vacation leave
once during the following fiscal year, pursuant to the formula below:
8 Hour
10 Hour
12 Hour
Maximum Conversion
Schedule
Schedule
Schedule
To Vacation Leave
0
0
0
48 hours
.25 to 8
25 to 10
25 to 12
36 hours
8.25 to 16
10.25 to 20
12.25 to 24
24 hours
16.25 to 25
20.25 to 30
24.25 to 36
12 hours
over 25
over 30
over 36
0 hours
At least 160 hours shall remain in employee's sick leave bank after any
conversion is authorized.
City of Morro Bay POA F�2013-20 Page I I
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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 employee's immediate family (as
defined in the Personnel Rules). The three (3) 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 employees accrued sick leave. In cases where sick leave is exhausted, vacation
time shall be charged Paid leave beyond the initial three (3) days is subject to
department approval.
ARTICLE 14 - RETIREMENT
14 1 It Is the employees obligation to contribute the employee's contribution to PERS.
The employee shall pay his/her own contribution by payroll deduction consistent
with the provisions of 414 (h) 2 of the Internal Revenue Code. (9% PERS Safety
and 8% current PERS Non -Safety employees and 7% second tier PERS Non -
Safety employees.)
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 the PERS or the state legislature.
14.3 Parties agree that CITY payment of PERS contributions are made based upon tax
treatment currently permitted by the State Franchise Tax Board and the IRS.
14.4 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
agreement to pay part of the employee's PERS contribution. Should current tax
14.65 For Sworn employees hired prior to September 17, 2011 (or such later date as the
PERS contract is amended pursuant to Section 14.7-6 below) the CITY agrees to
continue to provide PERS Safety employees in this UNIT with a retirement benefit
program through the Public Employees Retirement System (PERS) as follows:
14.65.1 Highest Single Year Compensation effective 6-22-91 (Section 20042)
14.65.2 Sick Leave Credit effective 6-24-89 (Section 20965)
14.65.3 4' Level Survivor Benefit (Section 21574)
14.65.4 1959 Survivor Benefit effective 6-24-89 (Section 21580)
Cris M %loan W\ N b\ r.,m2012-2013-COL Paez I:
f _ _ Fa a : 2, lr4erc Left: 0', FR Ina: 0-,
Lne sp&XV: 594e, Tab stops: Not at 0.5" +
1'+ 1.5'+ 2"+ 2.5+ 3-+ 3S+ 4'+
4.5" + 5' + 5.5' + 6'
14.65.5 Military Service Credit effective 6-9-98 (Section 21024)
14.65.6 3% @ 50 Retirement Formula
14.65.7 Pre -Retirement Optional Settlement 2 Death Benefit
14.n_For Swom employees hired on or after September 17, 2011 (or such later date as _ _ - maeoea: c« a, seo or o.z �c
the PIERS contract 1s amended pursuant to this Section) the CITY will provide a Fe,1eittBd, Cadmwd W 02 u
retirement benefit program through Public Employees Retirement System (PERS)
the retirement benefits set forth in 14.6-5 above will be modified and reads as follows.
14.7¢.1 36 consecutive months final compensation
14.76.2 Sick Leave Credit effective 6-24-89 (Section 20965)
14.79.3 4" Level Survivor Benefit (Section 21574)
14.79.4 1959 Survivor Benefit effective 6-24-89 (Section 21580)
14.79.5 Military Service Credit effective 6-9-98 (Section 21024)
14.76.6 3% @ 55 Retirement Formula
14.76.7 Pre -Retirement Optional Settlement 2 Death Benefit
14.87 For Non -Sworn employees hired prior to September 17, 2011 (or such later date
as the PERS contract is amended pursuant to Section 14.9 8 below) the CITY
agrees to continue providing PIERS Miscellaneous employees in this UNIT with
the following PIERS benefits:
14.97.1
Highest single year compensation
14.87.2
2.7% at 55 Retirement Formula
14.87.3
Sick Leave Credit Option (Section 20965)
14.87.4
Military Service Credit effective 4-13-00 (Section 21024)
14.87.5
Pre -Retirement Optional Settlement 2 Death Benefit
•
14.87.6
1959 Survivor Benefit, Level 4 (21574)
14.98 For Non -Sworn employees hired on or after September 17, 2011 but before
January 1.2013 (or such later date as the PIERS contract is amended pursuant to
this Section) the retirement benefits set forth in 14.8-7 above will be modified and
reads as follows:
14.98.1 36 consecutive months final compensation
14.98.2 2% at 60 Retirement formula
14.98.3 Sick Leave Credit Option (Section 20965)
14.98.4 Military Service Credit effective 4-13-00 (Section 21024)
14.Q.5 Pre -Retirement Optional Settlement 2 Death Benefit
14.98.6 1959 Survivor Benefit, Level 4 (21574) compensation.
14.9 Pursuant to the California Public Emplovees' Pension Reform Act of 2013
(PEPRA) effective January 1 2013 Sworn employees hired who meet the
definition of new member under PEPRA, will be covered by the 2.7% to 57
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 with plan options as follows:
`------------------------------------------------ Pornoftd: Font Arias
14.9.1 Sick Leave Option (Section 20965)---------------- Formatted: Forn:Anai
City of Mono Bey POA r:_-� Win„ 2013:2914 Page 13
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14.9 2 1959 Survivor Benefit 4th Level (215741 Fars.&,* Font Arw
14.10 Pursuant to the Califomia Public Emplovees' Pension Reform Act of 2013
shall pay a member contribution rate of fifty (50) percent of the expected normal
cost rate
`---------- Sick L-------------------------------------------------- Forraaree& Fmt 12 Pt
0 14.1.1 eaveoption(Section20965)______ Fanwteed:t Faua
14.103 Military Service Credit (21024)______ ___ Farrarre�Fcm:szpr
14.10.4 1959 Survivor Benefit 4th Level (216741 - -- - - -- _ - _ _ - FarWAVArk Font 12 pl
ARTICLE 15 -HEALTH BENEFITS
15-1 HEALTH INSURANCE
15.1 1 Employees of this UNIT shall participate in the PERS medical insurance
plans on a cafeteria style basis, with the CITY contributing the PERS
minimum (currently #M 151nx)* to the alive employee's medical____ _ - FnMrasfuFnhAMw11b.suve vas
insurance and $1.00/month or the amount required by PERS to retiree
medical insurance. Any costs in excess of these contribution rates shall be
• paid by the employee and retiree.
15.1.2 UNIT employees receive a cafeteria plan contribution (including the amount
required by PERS in 15.1.1 above) as follows:
------------
�rr�K:r-�nr-�erner�c�.T.n�n�n _
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
15.1.4 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
City of Morro Bay POA A�2013-XL4 Page 14
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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.
15.2 DENTAL AND VISION INSURANCE:
15.2.1 During the term of this Agreement, the CITY shall offer dental/life and
vision insurance and each employee shall be required to carry both
dentalAife and vision insurance for self. Life Insurance is provided at
$2030 000 per employee. The following rates are effective January 1
2422013.
Vision
Dental
Life
Totals
City a s
EL' a s
Em nl
57.64
42. 7
S5.70
SK.21
553.28
�.9,}
Emolovee + I
114.32
1 I
S5.70
I .58
12
��
Em2loyee+2+
19.52
15 19.56
5.70
144.78
132.57
12.21
CITY will pay the remaining premium for dentalAife 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 agreement and for the term of the agreement that will be
effective July 1, 20122013. The parties agree herewith that no further collective
bargaining will occur with respect to this section for the term of the agreement
ending June 30, 20132014.
Cit} or Morro Bay POA c'--'..o.—'912 2013- 14 Page 15
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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 $120 per month for P.O.S.T. certificates as follows.
Intermediate Advanced
Sergeant $120 $120
Corporal $120 $120
• Officer $120 $120
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 Advanced
$120/month $120/month
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.
16.2.3 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
Ciq of Morro flay POA .4 wil 2912 2013-_'9]4 Pecc I!:
E
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
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.
City of Morro Bay POA e'-_'.,.�-" 2013-2014 Pee, 17
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17.6 All safety equipment originally issued and replaced by the department remains the
Department's property.
17.7 The annual uniform allowance for sworn officers shall be $1000.001050.00. The
annual uniform allowance for dispatch shall be $700.00750.00.
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 ^° • r, Effective the pay a _ _ - rarmametl: we: (perwn) Mal, rz a
Period including January 1. 2014, salaries shall be increased by two (2%) percent
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:
isBe ready to respond immediately to a call for service.
Be readily available at all hours by telephone. and
Refrain from activities which might impair his/her assigned duties upon call.
19.12 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. 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
on off duty days- Subject to the maximum accrual provisions of Section
102 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
n oI Mom, Ba, PQA ,.�2013-'�01; Pngr Id
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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.
19.4 OUT OF CLASS ASSIGNMENT
19.4.1 The 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 -Gass 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.
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.
City of Morro Aar POA F�2013-2014 Page 19
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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.
19.6 FIELD TRAINING OFFICER 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 per scheduled shift. Compensation will be paid for a scheduled shift
only.
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 Field Training Officer 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
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
Cm of Morro Ba% POA r'mil 2012 201121 a I'J"
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Corporal classification with the terms and conditions of the Corporal classification
being maintained.
No individual may be concurrently assigned as both a Senior Officer and
Detective.
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
Non -sworn personnel 12 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
23A 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
City of Morro Bay POA r tW—_V42 2013-2014 Page 21
11
1]
time -of 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.
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 agreement 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.
• 233 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.
Ciq of Morro Bx} PO.A "--'.-.,e.-�201}?013 I'dge __
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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
statements ran be required in accordance with Resolution No. 34-83, Personnel
Rules & Regulations, Section 13.B.4.
ARTICLE 26 - FULL UNDERSTANDING, MODIFICATION, WAIVER
25.1 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.
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, or condition of this Agreement by either
party shall not constitute a precedent in the future enforcement of all its terms and
provisions.
ARTICLE 26 - SEVERABILITY
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. CITY OF MORRO BAY
Enrique S. Cantu, President AndFea K. Luekw, G lyManWLusan -- rwm�eeea Uderc. tan: I", H;n I 3.5',
Slayton, Admin. Services Dir Tab AWS:notat o^+ 0.5^+ r^+ r.s+
2"+ 2.5+ 3'+ 3.5'+ 4"+ 4.5"+ 5'+
5.5' + 6' + 6.5'
City of Morro Bay POA Am. -�2013-2014 Page 23
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Robbyn Smith, Employee Representative aurae
Goforth. Human Resources Analyst
Dale Cullum, Employee Representative William Avery,
•
Cm of Morro BaT POA i f R,r--'_Ol 3-201-
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RESOLUTION NO. 04-14
• RESOLUTION OF THE CITY OF MORRO BAY
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 this Resolution adopting an Agreement on the compensation and working
conditions for the Management Group for the period July 1, 2013 through June 30, 2014, and
authorizes the Acting 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 January, 2014 by the following vote:
AYES: Irons, C. Johnson, N. Johnson, Leage, Smukler
NOES: None
n:7.9901tt W4mo -
ATTEST:
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AGREEMENT BETWEEN
THE CITY OF MORRO BAY
AND THE MANAGEMENT EMPLOYEES
AGREEMENT WITH MANAGEMENT EMPLOYEES
JULY 1, 20123 — JUNE 30, 20134
1. RECOGNITION
1.1 the Management Group is comprised of the following classifications:
Commander, City Engineer. Senior Civil Engineer. Ut"itiesand -_Capital Projects Manager,
Planning Manager. Building Official. Wastewater Division Manager, Pu
Superintendent. Information Systems AdministraterTechnician , Accountant. Management
Analyst. c....:r.:_.. S.._._:_.__,,.._. Senior Planner. P--',�,�, efe-" ;,t_ Support Services
Manager. Recreation and Parks Maintenance Superintendent. I larbor Operations Manager,
Harbor Business Manaeer.
The tern "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 -
rats 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 Reseiatie Agn-ement commences
on July 1. 20143. and expires, and is otherwise fully terminated, at midnight on June 30. 20124.
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 ofwork. 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. Altemative work schedules can he implemented
11
upon approval of the City Manager.
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4.2 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
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 staffing caused solely by absences due toemployees taking approved paid leave
shall not be considered an emergency.
5. VACATION LEAVE
5.1 During the term ofthis ResekttienAgreement employees shall earn paid vacation leave atthe
following rate:
Service Years
Entitlement in Days
I 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.
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53 MAXIMUM ACCUMULATION
It is recognized that long-standing accumulations ofvacation time exist for some employees.
In order to compensate employees for this unused vacation time and reduce this liability for
the City', CITY and Management Group agree on the following policy:
5.3.1 Unused vacation leave may be carried over into the following year to a maximum of
4300 hours. Employees exceeding the 4300 hour maximum as of the pay, period
containing November I of each yearwill be paid off for vacation time exceeding the
4300 hour maximum. The CITY shall make said payment with the pay period
containing the December 1 of each year. Payment shall be computed based upon the
employee's base hourly raze 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 lease time (vacation, sick lease, holiday, etc.) will betaken off on an hour for hour
basis equaling employee actual time off, regardless of accumulation rates.
6. HOLIDAIS
6.1 For the purpose of this ResolutioHAereement, the following days are the holidays for
employees in this group:
Independence Day
July 4
Labor Day
I st Monday in September
Veteran's Day
November 11
Thanksgiving Day
4th Thursday in November
Day after Thanksgiving
Friday after Thanksgiving
Christmas Dav
December 25
New Year's Day
January I
Martin Luther King, Jr. Day
3rd Monday in January
Lincoln's Birthday
February 12
Washington's Birthday
3rd Monday in February
Memorial Day
Last Monday in May
Floating Holiday
Varies
Floating Holiday
Varies
6.2 Holidays falling on Saturday shall be observed on the preceding Friday, and holidays falling
on Sunday shall be observed on the following Monday.
6.3 One holiday equals eight hours. For those employees working the 9/80 alternative work
schedule one holiday can equal 9 hours. Accrued holiday time may he taken in less than
eight hour increments.
6.4 It is agreed that when a holiday is proclaimed by the Mayorofthe CITY, then each employee
shall be granted time -off in the same number of equivalent work hours. Such lime -off shall
be approved by the Department I lead.
6.5 Employees may accumulate up to a maximum of 48 hours holiday time. Hours of holiday
time accumulated over 48 hours will he paid off. When an employee terminatesemployment
with the CITY, he/she shall receive pay for his/her current holiday balance up tort 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 cam ev n ,-two (6472)
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 2448 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 -rate amount
commensurate with that portion of the fiscal year worked.
7.3 Each memberof 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 memberof 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 ReseltHienA. reement,sickleaveshallbeearnedattherateofone(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
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an employee may accumulate.
8.2 Based on individual utilization of paid sick leave in the preceding fiscal year, employee may
convert unused accumulated sick leave into paid vacation leave once during the following
fiscal year, pursuant to the formula below:
Sick Leave Utilization/F.Y.
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 hours shall remain in employce's sick leave bank after any conversion is
authorized.
8.3 Upon the service retirement of an employee who has more than ten (10) )ears of service with
the CITY, said employee shall be entitled to receive payment for up to the first seven
hundredtwenty(720)dwy hours of his/her accrued sick leavcat thin% -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 lease converted to senice credit for PIERS purposes cannot be compensated
(converted to dollars).
9. EXEMPT TIME OFF
This policy is established in accordance with the Fair tabor Standards Act, which exempts
employees of this group from requiring the CITY to pac time and one-half for time worked over 40
hours. Effective July 1. 2002. group memberssvi ll 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 perday need not be
recorded. Abuses of this exception, i.e., taking Y, 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
anc increases in the employee contribution above the current percentage made by action of
the PERS or the State lxgislatum.
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%ofthe employee contribution to
CaIPERS.
10.&2 For employees hired prior to !he implementation of !hp PER-9 "ntm-el -4 mendmen
Miseellaneous employees in the Management January 1. 2012. the CITY
agrees to continue to provide the following PERS optional benefits:
2.7%at 55 plan (Section 21354)
Sick Leave Credit Option (Section 20965)
One -Year Final Compensation (20042)
Military Service Credit (21024)
1959 Survivor Benefit, Level 0 (21574)
10.6.3 For employees hired on or after
•
ocoo .4.9eei I aneetis empl eyees i _ the ...._agement n-_ -January 1. 2012, INt_, I Formatted: Font: (Ddaua) times new Roman )
before January 1. 2013, and those hired on or after January I. 2013 who meet the
definitionof'claslov sicmember"-oursuanttoftCaliforniaPublicEmoee'sPension Formaoed:FwM(oeraA)rlmaanawRoman
Reform Act of 2013 (PEPRA). the CITY will provide a retirement benefit program Fwnwttad: Fan: ( de *) nm new Romer
through Public Employees Retirement System (PERS) with the following PERS
optional benefits:
2%@ 60 plan (21353),
Sick Leave Option (Section 20965),
Final Compensation Average 36 consecutive highest months (20037),
Military Service Credit (21024),
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highest months final comcensation provision, and shall pay a member contribution
rate of fifty (50) percent of the expected normal cost rate.
Sick Leave Option (Section 20965).
Final Compensation Average 36 consecutive highest months (20037).
Military Service Credit (21024).
1959 Survivor Benefit 0 Level (21574)
10.7. PERS Safety Employees
10.7.1 All members of the Management Group pay 1000% of the employee contribution to
Ca1PERS
10.7.2 For employees hired prior to September 17. 2011. '-- such l_,..- date as ,h_ PEES
the CITY agrees to continue to
provide PERS Safety employees in the Management Group with a retirement benefit
program through the Public Employees Retirement System (PEAS) as follows:
Highest Single Year Compensation effective 6-22-91 (Section 20042)
Sick Leave Credit effective 6-24-89 (Section 20965)
4" Level Survivor Benefit (Section 21574)
1959 Survivor Benefit effective 6-24-99 (Section 21580)
Military Service Credit effective 6.9-99 (Section 21024)
3%@ 50 Retirement Formula
Pre -Retirement Optional Settlement 2 Death Benefit
10.7.3 For employees hired on or after September 17, 201
the CITY will provide a
retirement benefit program through Public Employees Retirement System (PERS)
reeds -as follows.
36 Consecutive Month Final Compensation (Section 20037)
Sick Leave Credit effective 6-24-89 (Section 20965)
4e Level Survivor Benefit (Section 21574)
1959 Survivor Benefit effective 6-24-89 (Section 21580)
Military Service Credit effective 6-9-98 (Section 21024)
3%Ca 55 Retirement Formula (Section 21363.1)
Pre -Retirement Optional Settlement 2 Death Benefit
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10.7.4 Pursuant to the California Public Emplovees' Pension Reform Act of, rare+erme: Fan: Hn uom, No urKWm
2013 (PEPRA). effective January 1. 2013, employees hired tvho meet the definition-'�sonw~ tom: Left: r
•
or' new member" under PEPRA, will be covered by the 2.7% n. 57 retirement
formula with the 36 highest months final compensation provision and shall nay a
'- - - Formatted: Indent Left: 0.5", First lire: 0",
Tab stops: 1.75", left
11. HEALTH BENEFITS/DEFERRED COMPENSATION PROGRAM
11.1 HEALTH MSURANCE
11.1.1 Employees of the Management Group shall participate in the PERS medical
insurance plans on a cafeteria style basis, with the CITY contributing the PERS
minimum (currently $10819/month) to the active employee's medical insurance and
$1.00/month or the amount required by PERS to retiree medical insurance. Any costs
in excess of these contribution rates shall be paid by the employee and retiree.
11.1.2 The Management Group receives a cafeteria plan contribution (including the amount
required by PERS in 11.1.1 above) as follows:
Employee only - up to $715/month or cost of insurance, whichever is less
Employee + 1 — up to $94¢7/month or cost of insurance, whichever is less
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Employee + family - up to $10$30/month or cost of insurance, whichever is less
-
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Hanging
Formatted: Left, Indent: Hanging: 0.5',
Right: 0", Tab stops: I-, Lett + ' LeR +
2", Left+ 2.5, left+ 3", Left+ 3.5", Left+
11.1.3 Effective January1, 2009 cash -back was eliminated except as provided herein.
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4" Left+ 4s, Left + s", Left 5.5, Left
6", left + 6.5", left
Employees receiving cash -back in December 2008 shall continue to receive the same
amount for the term of this agreement except that if a cash -back employee changes
the structure of their insurance (add dependents, delete dependents, drop insurance
with the CITY, change carriers, etc.) cash -back is not an option. Cash -back will be
eliminated for employees during the open enrollment period in 2010 for calendaryear
2010, and in subsequent years, if said employees are required (because ofeliminated
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.
11.2 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 $230,000 per employee. The
following rates are effective January 1, 20131.
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EE pays
Em to ee onl
$7.641,
21jA2.87
15.70
56.21
53.2
52.93
Employee + 1
14.32
119.56
55.70
139.58
127.83
11.75
Em to ee + 2+
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JIL9.56
I 5,701
1144,78113
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18 2.21
- - For altod: Hmdrn 2. Indent: lErt: 0•, file
siavg: vqk, Keep lr� wWdrw Tan SZ.
CITY will pay the remaining premium for dental life and vision. Not at .0.75+ -0.5•+ 0•+ 0.5•+ I'
11.3 Any coverage made available to future retirees beyond COBRA time requirements shall be
paid for by the retiree.
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The Management Group shall participate in the C43-provided Long Term Disability
Insurance Plan. The CITY shall pay the costs for this plan.
11.61 CONTRIBUTION TO OTHER PROGRAMS
CITY will contribute up to $1.000 per calendaryear to employee's deferred compensation or
approved retiree medical savings plan on a 2:1 basis (i.e., employee contributes $2, City
contributes $I ).
11.76 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 drivers license) upon successful
completion of the examination or course by the employee having written authorization in
advance from their department head. This shall include application fees, examination fees,
and certificate fees. Renewal fees may be 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 begineincluding AA U , 91 20144 employees in the
Management Group will tnkereceive a 2% salary redaetienincre g. Additionally. as
discussed in item 13.4 below repard in¢ the deferent of a 3% salary increase in FY
2009/2010, employees in the Management Group will receive an additional %2% salary'
increase, effective with the pav period including January 1. 2014: total increase to the
Management Group effective the pav period includingJanuary anuary 1. 2014, is 2-1/2%
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 With the adoolion of the 2009/10 budget. the Citv Council deferred the Management Group'
3% salary increase. With this Agreement. the City Council wishes to begin to repay that
deferent, as indicated in 13.1 above. and expresses its commitment to restoring the
remaining 2-1/2% to the Management Group to be addressed in future contract
negot iati onsin4he-future.
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 forthe provision of said shoes in the amount
of one hundred twenty dollars ($120.00) per fiscal year. Proof of purchase is required. Once
purchased, such appropriate footwear must be 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.
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16, NO STRIKE, NO LOCK -OUT
16.1 During the tern of this Reselutien.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 tern "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 he 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 Reselwie Aercement 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 b% 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 Reselutien.Agrcement by either
party shall not constitute a precedent in the future enforcement ofall itsterms and provisions.
18. SEVERABILITY
If any proyision(s) are held to be contras 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: DATE:
MANAGEMENT CITY OF MORRO BAY
Bruce Keogh Susan Slayton. Acting City Manager
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Kathleen Wold
Janeen Burlineame
— - - rwmffieea: Left
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® RESOLUTION NO. 03-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AUTHORIZING THE CITY OF MORRO BAY TO ENTER
INTO 2014/2016 VESSEL TURN -IN PROGRAM FUND
CONTRACT WITH THE DIVISION OF BOATING
AND WATERWAYS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS. City of Morro Bay (City) applied for a grant from the California
Division of Boating and Waterways (DBR� under the 2014/2016 Vessel Tum-In
Program (VTIP); and
WHEREAS; DBW awarded a grant of $5,000 under VTIP to the City for
removal of surrendered vessels prior to abandonment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Morro Bay, California, that the City of Morro Bay is hereby authorized to enter into
® VTIP Contract 4C7701106 for removal of surrendered vessels in the amount of $5,000.
BE IT FURTHER RESOLVED, that the Harbor Director is hereby authorized
to act as the City's agent in regards to all aspects of the grant agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 14th day of January, 2014 on the following vote:
AYES: Irons, C. Johnson; N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
ie L. Irons, Mayor
ATTEST: J
JarnVBoucher, City Clerk
El
RESOLUTION NO. 02-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AUTHORIZING THE CITY OF MORRO BAY TO ENTER
INTO 2014/2016 ABANDONED WATERCRAFT ABATEMENT FUND
CONTRACT WITH THE DIVISION OF BOATING
AND WATERWAYS
THE CITY COUNCIL
Cite of Morro Bay, California
WHEREAS. City of Morro Bay (City) applied for a grant from the Division of
Boating and Waterways. (DBW) under the Abandoned Watercraft Abatement Fund
(AWAF) program; and
WHEREAS, DBW awarded a grant of $9,000 under AWAF to the City for
removal of derelict/abandoned vessels and hazards to navigation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay; California; that the City of Morro Bay is hereby authorized to enter into
AWAF Contract 9C7701007 in the amount of $9.000 for removal of derelict/abandoned
® vessels and hazards to navigation.
. BE IT FURTHER RESOLVED, that the Harbor Director is hereby authorized
to act as the City's agent in regards to all aspects of the grant contract agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 14th day of January, 2014 on the following vote:
AYES: Irons. C. Johnson_. N. Johnson, Leage, Smukler
NOES: None
ABSENT: None
cl
J e L. Irons, Mayor
ATTEST:
mw/�ic
Jarge Boucher. City Clerk
11
® RESOLUTION NO.01-14
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RESCINDING RESOLUTION 57-13
(RELATING TO 2783 CORAL AVENUE IN MORRO BAY, CALIFORNIA)
THE CITY COUNCIL
Cite of Morro Bay, California
WHEREAS, by Resolution 52-13, the City approved a Real Estate Agreement with Broc
Assets, Inc., a California Corporation (Buyer'), for purchase of the property commonly known
as 2783 Coral Avenue, Morro Bay. California, by Buyer (the "Purchase Agreements'): and
WHEREAS, provisions of the Purchase Agreement required the City, among other
things, to confirm in open session, that the tract map subdividing the property was still valid; and
WHEREAS, City adopted Resolution 57-13) in an Open Session Council Meeting on
November 12. 2013), so confirming: and
WHEREAS, City subsequently received information regarding the validity of the tract
map: and
® WHEREAS, City and Buyer executed Cancellation Instructions cancelling the Purchase
Agreement on December 26. 201,
.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro
Bay does rescind Resolution 57-13 and declare it null and void.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting
thereof held on the 14th day of January, 2014, by the following vote:
AYES: IRONS, C. JOHNSON, N. JOHNSON, LEAGE, SMUKLER
NOES: NONE
ABSENT: NONE
J71E L. IRONS, Mayor
ATTEST:
JAME BOUCHER, City Clerk