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Resolution 82-92 to 151-92
R E S O L U T I O N S 1 9 9 2 NO. TITLE . OF WATER RESOURCES AND ITS CONDITIONS 78-92 RESOLU ACCEPTING PROJECT NO. PW 91-02, SOUTH T- PIER RECONS ION AS COMPLETE & AUTHORIZING FILING OF NOTICE OF COMP ON 79-92 RESOLUTION ESTABLISHING APP ATIONS LIMIT FOR FY 91-92 80-92 81-92 82-92 83-92 84-92 RESOLUTION ADOPTING 1992-93 MASTER FEE RESOLUTION ESTABLISHING WATER USE RATES & RELATED RESOLUTION RE: MOU - POLICE RESOLUTION RE: MOU - CONFIDENTIAL RESOLUTION RATIFYING SLO COG JPA FOR FY1992-93 ADOPTED 06-22-92 06-22-92 06-22-92 06-22-92 07-27-92 07-27-92 07-13-92 85-92 RESOLUTION ACCEPTING PERMIT AGMT. W/PG&E TO ALLOW CITY TO CONNECT TO & USE SEAWATER OUTFALL FACILITY FOR DISCHARGE OF BY-PRODUCTS FROM TEMPORARY EMERGENCY DESAL FACILITY 07-13-92 6-92 RESOLUTION TO REQUEST LITIGATION SUPPORT FROM THE CA COASTAL COMMISSION IN THE HAYASHI MATTER 07-13-92 87-92 RESOLUTION RE: MOU - MISCELLANEOUS EMPLOYEES 07-27-92 88-92 RESOLUTION ELECTING TO BE SUBJECT TO PERS MEDICAL & HOSPITAL CARE ACT FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES & EMPLOYER'S CONTRIBUTION FOR ANNUI- TANTS AT DIFFERENT AMOUNTS 07-27-92 89-92 RESOLUTION CONFIRMING DIAGRAM BOUNDARIES AND LEVYING ASSESSMENT FOR BAYSHORE BLUFFS PARK MAINTENANCE ASMT. DISTRICT 07-13-92 90-92 RESOLUTION RE: MOU - EXECUTIVE EMPLOYEES 07-27-92 91-92 RESOLUTION OF INTENT TO FINANCE PURCHASE OF DESAL FACILITY FROM AQUA DESIGN, & CONSTRUCTION OF RELATED OUTFALL FACILITY RESCINDING & REPLACING RES.30-92 07-13-92 92-92 RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR PROJECT PW 92-01: DESAL DISCHARGE LINE TO R.BAKER, INC. 07-27-92 93-92 RESOLUTION AUTHORIZING APPLICATION FOR PROP.116 FUNDING FOR INSTALLATION OF BICYCLE LANES ON SOUTH BAY BLVD. 07-27-92 R E S O L U T I O N S 1 9 9 2 NO. TITLE ADOPTED 94-92 RESOLUTION AUTHORIZING & DIRECTING INSTALLATION OF STOP SIGN ON MONTEREY AVE. AT NORTHERLY INTERSECTION 14 OF BEACH STREET 07-27-92 95-92 RESOLUTION SUPPORTING DISCOUNT SALE OF UNDERSIZED FRUIT TO LOW-INCOME CONSUMERS & REPEAL OF FEDERAL AGRICULTURE REGULATIONS RESULTING IN DESTRUCTION OF SMALLER PRODUCE 07-27-92 96-92 RESOL ION CONFIRMING REPORT OF CITY STAFF REGARDING WEED ABATEMENT PROCEDURE & MAKING ASSESSMENTS 07-27-92 97-92 RESOLUTION CITY ADMINISTRATOR TO EXECUTE AGMT FOR ACCEPTANCE OF $325,000 GEAR STORAGE AREA GRANT FROM THE CA COASTAL CONSERVANCY 07-27-92 98-92 VOID 99-92 RESOLUTION APPROVING NEW 3-TIER RESIDENTIAL SOLID WASTE COLLECTION SERVICE INCORPORATING $1.00/ORANGE TRASH BAG OPTION & OPERATIONAL RATE INCREASE FOR RESIDENTIAL & COMMERCIAL SOLID WASTE COLLECTION SERVICES 08-10-92 100-92 RESOLUTION AUTHORIZING APPLICATION FOR PROP. 116 FUNDS TO INSTALL A BICYCLE PATH FROM ATASCADERO RD. TO MAIN ST. THROUGH P.G.&E. PROPERTY 08-10-92 • 101-92 RESOLUTION SUMMARILY ABANDONING A PORTION OF PUBLIC RIGHT-OF-WAY ON VISTA ST. & SHASTA AVE. 08-10-92 102-92 RESOLUTION APPROVING USAGE OF NEW 200 SCALE ZONING MAPS TO REPLACE EXISTING 800 SCALE OFFICIAL ZONING MAPS 08-10-92 103-92 RESOLUTION APPROVING AGMT. FOR ANIMAL CONTROL SERVICES W/COUNTY OF SLO 08-10-92 104-92 RESOLUTION AMENDING & ADOPTING RULES & REGS FOR USE OF PIERS, DOCKS & MOORING AREAS WITHIN CORPORATE LIMITS OF MB. 08-24-92 105-92 RESOLUTION APPPOINTING JOHN G. CRAWFORD AS CITY ENGINEER08-24-92 106-92 RESOLUTION APPROVING ASGNMT.& ASSUMP. OF LS#62/62W FROM QASI, INC. TO GEORGE VALENZUELA PENDING PAYMENT OF PAST DUE RENT & RECEIPT & APPROVAL OF ASGNMT. DOCUMENTS 08-24-92 107-92 RESOLUTION APPOINTING FORREST W. HENDERSON CITY ADMINISTRATOR 08-24-92 108-92 RESOLUTION OF COMMENDATION TO GARY A. NAPPER FOR HIS SERVICES AS MORRO BAY CITY ADMINISTRATOR 09-14-92 1-1 R E S O L U T I O N S 1 9 9 2 NO. TITLE ADOPTED �J9-92 RESOLUTION AWARDING REQUEST FOR PROPOSALS NO. PW 92-253 TO REHABILITATE 14-PASSENGER TRANSIT VEHICLE 09-14-92 110-92 RESOLUTION APPROVING CONTINUATION OF MONTH -TO -MONTH EXTENSION OF INTERIM NON-EXCLUSIVE CURBSIDE RECYCLING FRANCHISE AGMT. WITH MB GARBAGE SERVICE 09-14-92 111-92 RESOLUTION APPROVING PAUP FOR 1992 HARBOR FESTIVAL 09-14-92 112-92 RESOLUTION REQUESTING COUNTY SLO TO NEGOTIATE NEW AMBULANCE AGMT BETWEEN CITIES & COUNTY & DESIGNATING CITY MGRS/FIRE CHIEFS COMMITTEE ON AMBULANCE AS THE BARGAINING GROUP FOR THE CITIES 09-14-92 113-92 RESOLUTION SUPPORTING H.R. 5754 WITH REFERENCE TO WATER RECLAMATION PROVISIONS 09-28-92 114-92 RESOLUTION SUMMARILY ABANDONING A PORTION OF PUBLIC RIGHT-OF-WAY "MARENGO DRIVE" 09-28-92 115-92 VOID 116-92 VOID 117-92 RESOLUTION RECOGNIZING & COMMENDING MB COMMERCIAL FISHERMEN FOR THEIR EFFORTS IN THE AVILA BEACH OIL SPILL CLEAN UP 09-28-92 118-92 RESOLUTION SUPPORTING THE PASSENGER RAIL & CLEAN AIR BOND ACT OF 1992 (PROPOSITION 156) 09-28-92 119-92 RESOLUTION MODIFYING 1992-93 MASTER FEE SCHEDULE PRO- VIDING A WAIVER OF TEMPORARY PERMITS FOR CERTAIN CHARITABLE AND/OR EDUCATION NON-PROFIT ORGANIZATIONS 09-28-92 120-92 RESOLUITON ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL & HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION & FIXING THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS 09-28-92 121-92 RESOLUTION AWARDING ANNUAL MAINTENANCE CONTRACT FOR BAYSHORE BLUFFS PARK TO KEITH GAFNEY LANDSCAPE CO. 09-28-92 122-92 RESOLUTION AUTHORIZING APPLICATION TO STATE DEPT. OF HOUSING & COMM.DEV. FOR FUNDING UNDER HOME PROGRAM 09-28-92 123-92 RESOLUTION RATIFYING THE SUBMITTAL OF APPLICATION FOR FEDERAL TRANSIT ADMIN. GRANT FUNDS FOR 16-PASSENGER TRANSIT VEHICLE 10-12-92 �124-92 RESOLUTION ANNOUNCING FINDINGS & APPROVING CUP CONCEPT PLAN FOR EXPANSION TO EXISTING MOTEL & GALLERY (LS#63-64W) ROBERT GRAY 10-12-92 R E S O L U T I O N S 1 9 9 2 NO TITLE 25-92 RESOLUTION ANNOUNCING FINDINGS & AMENDING FEES FOR WATER & SEWER AVAILABILITY TO WAIVE FEES ON FIRST 0.25 WEU FOR NEW USES ESTABLISHING WITHIN EXISTING COMMER- CIAL OR INDUSTRIAL STRUCTURES 10-12-92 126-92 RESOLUTION IN SUPPORT OF GENERAL HOSPITAL GENERAL OBLIGATION BOND MEASURE F 10-12-92 127-92 RESOLUTION APPROVING PAUP NO. 681 FOR 1992 LIGHTED BOAT PARADE 10-26-92 128-92 RESOLUTION PETITIONING SLO CO. BD. OF SUPV. FOR RETENTION OF FILING FEE MONIES TO FUND ALTERNATIVE DISPUTE RESOLUTION SERVICE PROGRAM 10-26-92 129-92 RESOLUTION APPROVING UTILITY EASEMENT WITHIN P.G.&E. PROPERTIES 10-26-92 130-92 VOID 131-92 RESOLUTION APPROVING AMENDMENT TO LS#110-112W & PORTION OF 111.5W 10-26-92 132-92 RESOLUTION OF COMMENDATION TO LOUISE BURT FOR HER SERVICES AS MORRO BAY FINANCE DIRECTOR/TREASURER 10-26-92 •'.33-92 RESOLUTION ANNOUCNING FINDINGS & APPROVING CUP CONCEPT PLAN, CDP & TM TO ALLOW DEVELOPMENT OF A PLANNED UNIT SUBDIVISION OF AN EXISTING 4.78+ ACRE SITE 10-26-92 134-92 RESOLUTION COMMENDING MARY PHILLIPS AND THE MORRO BAY SENIOR CITIZENS FOR THEIR EFFORTS IN SECURING AND DONATING THE "ARE YOU O.K.?" COMPUTER SYSTEM TO THE FIRE DEPARTMENT 11-09-92 135-92 RESOLUTION ACCEPTING PARCEL MAP MB 91-221 AND REJECTING AN OFFER OF DEDICATION FOR PUBLIC STREET PURPOSES ON VISTA STREET AND ON SHASTA AVENUE 11-09-92 136-92 RESOLUTION APPROVING AMENDMENT TO LEASE FOR LEASE SITE 96/96W 11-09-92 137-92 RESOLUTION APPROVING ASSIGNMENT OF LEASE FOR LEASE SITE 96/96W FROM AL HALL TO JAMES AND MARGIE GEORGE 11-09-92 138-92 RESOLUTION DETERMINING THE INDUSTRIAL DISABILITY OF LOCAL SAFETY MEMBER, ROBERT GUIDI 11-23-92 139-92 RESOLUTION RECOGNIZING THE EFFORTS OF GALEN RICARD FOR HER SUCCESSFUL COORDINATION OF THE MORRO BAY HARBOR FESTIVAL 11-09-92 140-92 RESOLUTION APPROVING THE CITY OF MORRO BAY'S TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1992/93 11-23-92 19 R E S O L U T I O N S Is 1 9 9 2 NO. TITLE ADOPTED 141-92 VOID 142-92 RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE RECONSTRUCTION OF THE LAUNCH RAMP DOCKS/ ACCESS WAYS, REPAVING OF THE PARKING LOT AND COMPLETION OF PHASE III WORK AT TIDELANDS PARK 11-23-92 143-92 RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE CONTRACT #92 EDBG-194 FOR A SEAFOOD PROCESSING INDUSTRY PLANNING AND TECHNICAL ASSISTANCE GRANT 11-23-92 144-92 RESOLUTION APPROVING CONSOLIDATION OF LEASE SITES 78-79/78W-79W AND 80-81/80W-81W AND APPROVAL OF A NEW LEASE FOR THE CONSOLIDATED LEASED AREA 11-23-92 145-92 RESOLUTION MAKING FINDINGS THAT THE STATE OF CALIFORNIA MODEL EFFICIENT LANDSCAPE ORDINANCE IS UNNECESSARY IN MORRO BAY 11-23-92 146-92 RESOLUTION APPROVING A NEGATIVE DECLARATION AND A CONDITIONAL USE PERMIT FOR A CONCEPT PLAN TO DEMOLISH A FORMER MARINE/ABALONE FACILITY AND CONSTRUCT A RETAIL STORE AND RESTAURANT AT 875 EMBARCADERO 11-23-92 147-92 RESOLUTION IN MEMORIAM OF ANDY ZATKO AND HIS CONTRIBUTIONS TO THE CITY OF MORRO BAY 11-23-92 148-92 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 3RD DAY OF NOVEMBER, 1992; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 12-01-92 149-92 RESOLUTION SUPPORTING COUNTY OF SAN LUIS OBISPO'S JOINT APPLICATION FOR DESIGNATION OF PROPOSED CENTRAL COAST RECYCLING MARKET DEVELOPMENT ZONE 12-14-92 150-92 RESOLUTION ADOPTING A SITE DEVELOPMENT REPORT AND MASTER PLAN FOR THE PUBLIC PARK IN THE CLOISTERS SUBDIVISION 12-14-92 151-92 RESOLUTION APPROVING A PARK RETROFIT PROGRAM FOR LILA KEISER AND DEL MAR PARKS BY PEOPLE'S SELF HELP 40 HOUSING AND MARINA SQUARE 12-18-92 • RESOLUTION NO. 151-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND APPROVING A PARK RETROFIT PROGRAM FOR LILA KEISER AND DEL MAR PARKS BY PEOPLE'S SELF HELP HOUSING AND MARINA SQUARE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on June 27, 1988, the City Council of the City of Morro Bay approved CUP 39-86 (Concept Plan) Marina Square project; and WHEREAS, Marina Square project applicants conceived the idea to obtain necessary water equivalencies by retrofitting city parks; and WHEREAS, on October 30, 1989, the City Council approved in concept a park retrofit program by which the Marina Square project would obtain water for such project; and WHEREAS, on November 6, 1989 the Precise Plan for CUP 39-86 Marina Square project was approved with the understanding that the project would obtain its water by retrofitting a city park; and WHEREAS, the City Council has several times reconsidered the effect of the action taken October 30, 1989 and each time has clarified that such action did in fact constitute an award of 13.26 water equivalencies sufficient for the approved project and that such water availability fees as existed in October 1989 also apply; and WHEREAS, Marina Square project applicants have invested substantial sums of money in the design and construction of said project, relying upon the City's award of water to the project for retrofitting a City park; and WHEREAS, People's Self aelp Housing has applied for CDP 66-92A/CUP 28-92 a project providing 21 low income housing units; and WHEREAS, the grant funding making such low income housing possible is prohibited from being used to pay water availability fees; WHEREAS, low income housing benefits the entire city. 49 RESOLUTION NO. 151-92 PAGE 2 • J NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California as follows: 1. The above recitations are true and correct and constitute the findings in this matter; and 2. The retrofit of the irrigation systems of Lila Keiser Park and Del Mar Park by Marina Square project applicants and People's Self Help Housing is approved; and 3. The water availability fees are waived for Marina Square CUP 39-86 for 13.26 water equivalencies and for People's Self Help Housing CDP 66-92A/CUP 28-92. 4. The City administrator is authorized to execute agreements approved as to form by the City Attorney, authorizing such park retrofit projects. PASSED, APPROVED, AND ADOPTED, on the 18th day of .December , 199 2, by the following vote to wit: AYES: Crotzer, Mullen, Unger and Yates NOES: Luna ABSENT: None ATTEST: �L � ADZ ARDITH DAVIS, City Clerk a RESOLUTION NO. 150-92 A RESOLUTION OF THE CITY COUNCIL OF THE . CITY OF MORRO BAY, CALIFORNIA ADOPTING A SITE DEVELOPMENT REPORT AND MASTER PLAN FOR THE PUBLIC PARR IN THE CLOISTERS SUBDIVISION WHEREAS, the development of master plans is required to insure that the parks meet the current and future needs of the people in Morro Bay; and, WHEREAS, the City has agreed to a subdivision of property north of Morro Bay High School requiring dedication of a park; and, WHEREAS, development of the area will enhance a portion of the neighborhood, meet the needs identified in the Recreation and Park Element and serve coastal visitors; and, WHEREAS, the Recreation and Parks Commission has held two (2) public hearings on the proposed Master Plan for the public park in the Cloisters subdivision and received comments from the Planning Commission in developing a Site Development Report (SDR); and, WHEREAS, the Recreation and Parks Commission has recommended approval of the SDR to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council that the Site Development Report and Master Plan for the public park in the . Cloisters subdivision is hereby adopted as attached and marked Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 14th day of December, 1992 by the following roll call vote: AYES: Crotzer, Luna, Yates NOES: Mullen, Unger ABSENT: None ATTEST: 42�� �— ZLZ� ARD TH DAVIS CITY CLERK SAW:dd 0 c/w/cowissn/rs750-92 • • DRAFT Site Development Report For THE CLOISTERS PARK Prepared for Review and Approval by THE CITY OF MORRO BAY RRM Design Group 3026 S. Higuera St. San Luis Obispo, CA 93401 October 15, 1992 Revised October 29, 1992 Revised November 12, 1992 Revised December 14, 1992 • The Cloisters Park Site Development Report ACKNOWLEDGEMENTS MORRO BAY CITY COUNCIL William Yates, Mayor Colby Crotzer Ben Luna Susan Mullen Ahnawake Unger Forrest Henderson, City Administrator RECREATION AND PARKS COMMISSION • Sandra Young, Chair Colby Crotzer Dixon Halley Cheryl Halterman Jim Hartzell Geoff Moreland Mary Jane Puett Stephen A. Wolter, Director PREPARED BY: RRM Design Group Page i RRM Design Group Ll The Cloisters Park Site Development Report TABLE OF CONTENTS PAGE INTRODUCTION .................................... 1 EXISTING AND PROPOSED CONDITIONS ................ 1 SITE ANALYSIS .................................... 1 SCOPE........................................... 2 THEME ........................................... 2 FUNCTIONAL REQUIREMENTS ........................ 2 CLOISTERS PARK DESIGN PLAN ...................... Exhibit A • Exhibit B TREE MAINTENANCE SPECIFICATIONS ................. Exhibit C lJ Exhibit D Page ii RRM Design Group The Cloisters Park Site Development Report 0 INTRODUCTION One of the conditions set forth by the Morro Bay City Council, Resolution No. 127-91 approving the Cloisters Vesting Tentative Tract Map, Coastal Use Permit, and Coastal Development permit, is the dedication of one acre of improved parkland to the City. Following the City of Morro Bay Planning Commission approval, and the December 16, 1991 approval by the City Council, the project was heard before the California Coastal Commission and approved on July 9, 1992. The public park area, as well as all open space improvements, was part of many detailed discussions during each City and Coastal Commission hearing. The park concept plan, as approved by the Planning Commission, City Council, and Coastal Commission, is attached as Exhibit A. The plan attached as Exhibit B has been refined based on further design development and a meeting on September 4, 1992 with Steve Wolter, Director of Recreation and Parks for the City of Morro Bay. The Cloisters Park Plan (Exhibit B, Precise Plan) is submitted as one part of the City's Precise Plan process for City review and final approval. EXISTING AND PROPOSED CONDITIONS Within the Cloisters site, the park is proposed in a central location easily accessible to the . adjacent neighborhoods and the Mono Bay community. Although the Cloisters park is required by the Quimby Act standards to be one acre, the location of the park within the site's view corridor and approximately 57 acres of open space will make it appear to be a much larger open space and recreational amenity. The park site's western boundary lies along the horizontal access way that parallels the 22 acre Environmentally Sensitive Habitat Area (ESHA). The ESHA dunes, which are included within the open space acreage, will provide the visual backdrop for park users. The northern park border will be a vertical access path along the wetland mitigation area. The construction of the wetland area will either coincide with the park construction or be implemented as a separate project. The southern boundary is a vertical access way which begins at Coral Avenue and merges with the horizontal access way at the base of the dunes. The park extends easterly to Coral Avenue and includes the 30 space parking lot. The park, as defined by the boundaries described above, will encompass approximately 4 acres of improved area to be dedicated in fee to the City. See Exhibit A for park boundaries. The proposed park physical boundaries are well defined by paths, but the visual boundaries will carry over into the adjacent open space areas. SITE ANALYSIS The planned restoration of the degraded dunes and the creation of a wetland mitigation • habitat in the center of the site, create an ideal adjacency for a passive park and trail head. Page 1 RRM Design Group • The Cloisters Park Site Development Report Elements such as walking and biking paths, informal play areas, picnic sites, and observation decks/benches are all appropriate to the site. The proximity of the park to the dunes and the wetland mitigation area provide an excellent opportunity for a variety of views and observation of different coastal habitat zones. Currently, the site is utilized by pedestrian, biking, and some off -road vehicular traffic. It is the intent of this design to allow continuation of pedestrian and biking activities, but along well defined routes in order to protect the site's natural resources. Vehicular traffic will, of course, be limited to the parking area. Climatic influences from the sea are slightly buffered by the dunes located between the beach and the park. Coastal winds are the main condition that may be buffered against, by the use of berms, shrub massing, and wind screens near picnic tables. SCOPE The location of the park within the open space view corridor dictates a unique design scheme which must be visually subordinate to the entire public open space. The recreation functions accommodated in the park will be passive and informally active uses, such as frisbee, tot play, etc. The emphasis of this park is to provide a neighborhood scale, passive • recreation space, a network of pedestrian circulation paths, and organized access points leading to the beach. Parking is provided to accommodate the best use .of this park and beach trail head for the community and coastal visitors. THEME The design concept reflects the subtle and soft forms of the surrounding dune and habitat environment. The curvilinear paths mimic the undulating contours of the ESHA and the gentle mounding of the demonstration plantings recall the shapes of the sand dunes. Forms, colors, and textures drawn from the natural setting are used throughout the park to inspire visitors to a greater appreciation of this coastal resource. FUNCTIONAL REQUIREMENTS Parkins A thirty space asphalt paved parking lot, with handicap parking per City standards, is provided as. required, to accommodate park users. To emphasize the passive, low impact nature of the park, the parking lot will be constructed without curbs if drainage can otherwise be accommodated. The lot's linear form reduces its visual impact on views from Highway One, which is important because of its location within the view corridor. Berming, minimum lighting, and landscaping will further screen the parking lot from view . of Highway 1 traffic. The parking area will be gated to limit access after park hours, which will likely be after daylight hours. Page 2 RRM Design Group The Cloisters Park Site Development Report • Restroom The restroom will be located near the parking lot, adjacent to the picnic and tot play areas for convenience and safety. The building design will be similar in scale and function to that of restrooms located in other Morro Bay City parks. The building will be accessible to the physically disabled. A bicycle rack will be located adjacent to the restroom as a convenience for park users. The restroom will be divided for separate male and female facilities. It will not have any showers and it will be lockable so that no night use will occur. The interior surfaces of the building will be designed for easy maintenance and it is assumed that all supplies will be brought in, and not stored on site. Water supply will be for cold water use only. Colors and materials selected for the restroom will be unobtrusive and selected to blend in with views. Play Area Two types of play areas are provided in the park. One is an open zone of turf approximately 1 acre in size for informal play activity, and the other is a 1,600 square foot tot play structure environment. Play equipment shall be of a seaside theme and encourage imaginative play. The tot play area is designed in the shape of a nautilus shell with the main access path spiraling down tighter into the hub of activity (the center of the shell). • Smaller paths connecting the spiral form the nautilus chambers and provide practical access. Boulders in playful hues of color will wind along the spiral path like colorful beach pebbles exposed by the tide. The height of play equipment may be restricted by the four foot high structure limitation imposed by the Local Coastal Plan, which allows an exception for the restroom building. The proposed tot play structure is in the form of a ship and may be accompanied by a small "rowboat" for younger children. The boats are escorted in the "water" by a few marine animals to complete the scene. Equipment will typically be of pipe or wood construction with muted natural colors to blend with the surrounding environment. Rocks and timber decking will be used to complement the play setting and give a sense of adventure to the scene. Material beneath the equipment will meet the appropriate safety and access standards and may be sand or shredded bark. Some benches and picnic tables will be arranged for resting and visual supervision of the tot play area. Picnic Sites Two picnic sites with a total of seven tables will consist of single and group area table arrangements. Concrete or wood tables will be situated on colored concrete pads within decomposed granite areas, with a barbecue for some single tables and two larger common grills for the group area. One table will be designed so as to be accessible to wheel chairs. Trash receptacles shall be set apart from tables to prevent unpleasant distractions during picnicking. Page 3 RRM Design Group The Cloisters Park Site Development Report Open Areas Open areas, other than the open turf area, will be landscaped primarily with native plants and dune plants wherever possible to help extend the surrounding environment into the park. Shrub massing and berming will be used to define use areas and provide shelter against the wind. Planting areas at the park entrance will also serve as an educational demonstration planting to exhibit California native and other coastal adapted plant species. Decomposed granite paths will meander through this botanical display of suggested drought tolerant seaside plant materials. Each plant will be identified with a name marker to encourage its use in similar seaside settings. Trees shown on the concept plan are to be eleven Monterey Cypress species. This minimum amount of tree planting is suggested in order to avoid blockage of views. Maintenance specifications to promote views and maintain open, lacy appearance of the trees are contained in Exhibit C and shall be incorporated into precise plan requirements. The trees may be omitted, however, due to a provision in the Local Coastal Plan which prohibits trees over eight feet tall in the view corridor. The demonstration planting concept provides a link to the other habitat and interpretive landscape areas within the Cloisters project area. Having such botanical education • opportunities near the park will allow children the experiences of learning about the environment they play within. Paths Pedestrian and bike paths form the borders of the Cloisters park and will be constructed of an acceptable all-weather surface which will blend with the environment where possible. Paths from the parking area lead around the park and onto a boardwalk which winds through the dunes to the beach. Signs will be located at the parking area to direct visitors to the various amenities located on site. Handicap ramps will be included to provide access for physically disabled persons. Decor and Scale Site furnishings and landscaping shall reflect the colors of the surrounding natural environment, as well as maintain a low and narrow profile. Picnic tables and benches will be concrete and/or heavy timber wood. Lighting Lighting will be used for security purposes only. Lighting shall be subtle and directed downward due to the importance of the public view corridor. It is the City's desire to allow . park access primarily during daylight hours, so lighting will be located and minimized to discourage after dark use of the park. Page 4 RRM Design Group • The Cloisters Park Site Development Report Simne A small monument -type sign will be constructed at the north entrance of the parking lot. The sign will be no more than 4 feet high and will be constructed of durable materials, such as concrete. Signage will also be provided for directional purposes, any necessary safety requirements, and educational purposes. Detailed designs of signs will be submitted with the construction document package. Irrigation/Water Use Water use is always a critical issue in Morro Bay and it continues to be a constraint for the design of the Cloisters Park. The source of water for park irrigation is not fully determined at this time. However, the park will utilize a very efficient, automatic, moisture -sensing irrigation system. A combination of drip, bubbler, and spray systems will be designed after consultation with City staff about any performance and maintenance standards. Maintenance The park is designed with heavy consideration for maintenance. For instance, the turf area is bordered by a pathway so that a mower can easily mow the turf without frequent • interruptions from obstacles. The park will be maintained by an assessment district created for the Cloisters project. Use of a Mello -Roos Community Facilities District and/or Landscape Maintenance and Lighting Assessment District is recommended to fund this activity. c/an-clois.dev Page 5 RRM Design Group --.E"NTR: ATE ESHA PROTECTION+GE�( 'HIGHWAY ONE ' THE CLOISTERS PARK (PRECISE PLAN) 1 BIKE PATH EEp \✓/�( V f eV3x i.- EXHIBIT B EXHIBIT C • TREE MAINTENANCE SPECIFICATIONS CLOISTERS PARK SPECIES: Cupressus macrocarpa LOCATION: Parking lot and restroom area MAINTENANCE A. Prune to promote structural strength and accentuate the plant's natural forms and features within the limitations of space. B. Boxing, balling and/or formal shearing shall not be allowed. C. Prune trees to a height of no greater than thirty feet (30') by heading back any limbs or stems exceeding this height as measured from the ground at the tree trunk. D. Level of service shall require annual trimming as a minimum. E. Prune selected branches to a well -placed branch that emphasizes a sculptured effect with natural up -right growth. • F. Thin crowns by as much as 75% to maintain open, lacy appearance, promote structural strength, remove old and unproductive growth, remove weak or excess growth, remove limbs that are growing in directions that detract from the tree's attractiveness and accentuate an open view through the tree to the ocean and Morro Rock. E G. Pruning of trees shall be guided by the photograph contained in Exhibit D attached and fully incorporated hereto. H. The Recreation and Parks Department's Tree Pruning Maintenance Specifications shall apply to these trees with the above exceptions. EXHIBIT C Fj rJ • Cupressus macrocarpa • Salt air and coastal wind stunts growth and shapes lone or widely spaced trees with unique twists. • Open branching creates picturesque silhouettes and framing of views. • This example tree is from Morro Bay not far from the Cloisters site. It is expected that trees in the Cloisters park will grow to a similar character. EXHIBIT D • RESOLUTION NO. 149-92 RESOLUTION SUPPORTING COUNTY OF SAN LUIS OBISPO'S JOINT APPLICATION FOR DESIGNATION OF PROPOSED CENTRAL COAST RECYCLING MARKET DEVELOPMENT ZONE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Integrated Solid Waste Management Act of 1989 (AB 939-Sher) requires each city and county to prepare and implement a Source Reduction and Recycling Element (SRRE) to meet mandated waste diversion goals of 25% by January 1, 1995 and 50% by January 1, 2000; and WHEREAS, recycling and development of markets for post -consumer waste materials are essential to achieving said mandated waste diversion goals; and WHEREAS, SB 2310 (Bergeson) was enacted in 1991 and provides for the designation of Recycling Market Development Zones (RMDZ) by the California Integrated Waste Management Board (CIWMB) to assist cities and counties in achieving said waste diversion goals; and WHEREAS, the City Council of the City of Morro Bay adopted on •January 27, 1992 Resolution No. 13-92 supporting the County of San Luis Obispo's application for designation of a County -wide RMDZ during the CIWMB's first RMDZ designation cycle; and WHEREAS, said application was not successful; and WHEREAS, the second designation cycle has begun and the County of San Luis Obispo and the counties of Monterey, San Benito, and Santa Cruz and the cities of Hollister and Watsonville have prepared and submitted a joint application for designation as the Central Coast Recycling Market Development Zone (CCRMDZ) and City support for said application has been requested; and WHEREAS, the proposed CCRMDZ will be beneficial to regional market development activities by assisting communities in siting new businesses manufacturing products from recycled materials, encouraging existing businesses to expand their capacity to use recycled materials, and increase demand for the end -use products made from recycled materials; and WHEREAS, City has determined existing solid waste management practices and conditions favor the development of markets for post - consumer waste materials; and WHEREAS, formation of the proposed CCRMDZ is necessary to attract private sector recycling investments to the region; and • WHEREAS, City has determined it is in the public interest to establish the proposed CCRMDZ. RESOLUTION NO. 149-92 PAGE 2 • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. City hereby supports the County of San Luis Obispo's joint application with the counties of Monterey, San Benito, and Santa Cruz and the cities of Hollister and Watsonville for designation and formation of a regional Recycling Market Development Zone to be known as the Central Coast Recycling Market Development Zone. 2. The City Administrator's letter dated November 12, 1992 indicating City support for said joint application and submitted in a timely manner in accordance with the application submittal deadline, attached hereto as Exhibit A and incorporated herein by reference, is hereby ratified. 3. City hereby agrees to consider in the future implementation of recommended actions applicable to Morro Bay included in said joint application to the extent said recommended actions are consistent with City objectives, resources, and such other factors as City deems appropriate. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of December, 1992, by the following vote: • AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: ATTEST: ARDITH DAVIS, City Clerk MCU/LC:SWMB12:149-92 • • City of Morro Bay 595 Harbor St. • Morro Bay, CA 93442-1900 • 805-772-1214 November 12, 1992 County of San Luis Obispo Engineering Department County Government Center San Luis Obispo, CA 93408 Attention: Mary Whittlesey, Recycling Coordinator EXHIBIT A SUBJECT: COUNTY OF SAN LUIS OBISPO'S JOINT APPLICATION FOR PROPOSED CENTRAL COAST RECYCLING MARKET DEVELOPMENT ZONE Dear Ms. Whittlesey: Please be advised the City of Morro Bay supports the County's joint application with the counties of Monterey, San Benito, and Santa Cruz and the cities of Hollister and Watsonville to the California Integrated Waste Management Board (CIWMB) to be designated as a Recycling Market Development Zone (RMDZ). The City's support of this application is consistent with Resolution No. 13-92 adopted by the City Council on January 27, 1992 supporting the County's original application for designation of a County -wide RMDZ, which was not approved by the CIWMB in the first RMDZ designation cycle. It is our understanding the CIWMB is very interested in designating a larger regional area as a RMDZ in the second designation cycle, an approach reflected in the joint application. This letter of support is provided in lieu of a new resolution to meet the November 30 application submittal deadline. Inasmuch as the November 3 election resulted in three new City Councilmembers, it is appropriate for the newly -constituted City Council to consider adoption of a new resolution at its first meeting on December 14. Thank you for your efforts on behalf of the County of San Luis Obispo and its cities to secure RMDZ designation. Please keep us informed of your progress in this regard. Very truly yours, OF O O Bf Y Oorr'est Henderson City Administrator MCU/LC:HD:MARY1 • CITY HALL. 595 Harbor Street HARBOR DEPARTMENT FIRE DEPARTMENT 715 Hartnwr Street POLICE DEPARTMENT PUBLIC WORKS t 95 Hartor Street RECREATION AND PARKS • 1P1ESOLiTT=C7N NO - 148-92 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 3RD DAY OF NOVEMBER, 1992; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a regular general conducted in the City of Morro State of California, on Tuesday, required by law; and municipal election was held and Bay, County of San Luis Obispo, the 3rd day of November 1992 as WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and • WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the general municipal election consolidated with the Statewide General Election held on November 3, 1992, and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: I. That there were nine voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. That said general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to the cities in the State of California, to wit: A Mayor of said City for the full term of two years; Two members of the City Council of said City for the full terms of four years. Resolution No. 148-92 Page 2 3. That the names of the persons voted for at said election for the Mayor are as follows: William Yates Rose Marie Sheetz John C. Baker Ned Rogoway 4. That the names of the persons voted for at said election for Councilmember of said City are as follows: Ahnawake Unger Tom S. Anderson Colby Crotzer Tom Wuriu 5. The City Council does declare and determine that: WILLIAM YATES was elected as Mayor of said City for the full term of two years. AHNAWAKE UNGER was elected as Councilmember of said City for a full term of four years. COLBY CROTZER was elected as Councilmember of said City for a full term of four years. • 6. At said election the names of the persons voted for and the number of votes given each person are as set forth in the attached certification. 7. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. S. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. 9. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the . minutes of the meeting at which the same was passed and adopted. Resolution No. 148-92 Page 3 . PASSED AND ADOPTED by the Morro Bay City Council at a special meeting thereof held on the 1st day of December, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, and Sheetz NOES: None ABSENT: None ATTEST: ARDITti DAVIS, City Clerk L • CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 3, 1992 CITY OF MORRO BAY STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) I, FRANCIS M. COONEY, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at said General Election held on November 3, 1992, in • the City of Morro Bay, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk) to which this certificate is attached, shows the number of votes cast in said City for and against each candidate for the office of Mayor and Member of the City Council, and that the totals shown for and against each candidate for the office of Mayor and Member of the City Council, in said City, and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this 74 day of November, 1992. FRANCIS M. COONEY, County Clerk -Recorder SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-3-92 CITY OF MORRO BAY - MAYOR Page 12. 1 Precinct ------------------------ Voters ------ Trnout ------ Pct ----- ------ A ------ B ------ C ------ O ------ E ------ F ------ 6 H I J K L ------ ------ ------ ------ Precinct Number EN042 885 535 60.5 25 0 245 61 122 82 ------ 0 Precinct Number CN043 684 392 55.8 22 0 158 49 95 58 0 Precinct Number CN044 921 560 60.8 39 2 288 46 117 68 0 Precinct Number CN045 667 41B 62.7 23 1 202 60 87 45 0 Precinct Number CN046 800 468 58.5 26 0 220 60 102 60 0 Precinct Number CN047 604 365 60.4 23 1 173 48 86 33 1 Precinct Number CN048 711 460 64.7 22 1 237 49 83 67 1 Precinct Number CR049 683 419 61.3 15 2 219 42 74 67 0 Precinct Number CM050 797 389 48.8 21 1 212 39 74 41 1 Absentee Number AB5042 0 187 0.0 4 I 77 21 54 30 0 Absentee Number ABSO43 0 201 0.0 5 0 72 25 48 52 1 Absentee Number ABSO44 0 202 0.0 13 0 85 25 28 50 0 Absentee Number ABSO45 0 126 0.0 6 0 65 li 25 19 0 Absentee Number ABS046 0 168 0.0 8 1 88 25 17 26 G Absentee Number ABSO47 0 168 0.0 5 2 71 21 26 43 0 Absentee Number ADSO48 0 136 0.0 7 0 67 B 31 23 0 Absentee Number ADSO49 0 158 0.0 3 1 79 10 25 40 0 Absentee Number ADS050 0 256 0.0 25 0 105 35 42 48 0 ==? Precinct Totals 6752 3996 59.2 216 8 1954 454 840 521 3 ==? Absentee Totals 0 1602 0.0 76 5 709 181 296 331 1 • ==? Total Votes 6752 5598 82.9 292 13 2663 635 1136 852 4 COLUMN LEGEND A: MAYOR D: MAYOR O: MAYOR J: MORRO BAY MORRO BAY MORRO BAY Blank Votes ROSE MARIE SHEET2 Nritein Votes B: MAYOR E: MAYOR H: K: MORRO BAY MORRO BAY iOver Votes JOHN BAKER C: MAYOR F. MAYOR ; L: MORRO BAY MORRO BAY WILLIAM YATES NED ROGONAY SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-3-92 CITY OF MORRO BAY - MAYOR • R E C A P Voters Trnout Pct A B C D E F 6 ------------------------ TOTAL DIST L SUPERVISOR ------ 0 ------ 0 ----- ------ 0.0 ------ 0 0 ------ ------ 0 ------ 0 ------ 0 ------ 0 0 TOTAL DIST 2 SUPERVISOR 6752 5598 82.9 292 13 2663 635 1136 852 4 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 n 0 0 0 TOTAL DIST 5 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 TOTAL VOTERS 6752 5598 82.9 292 13 2663 635 1136 852 4 CONGRESSIONAL DIST 22 6752 5598 82.9 292 13 2663 635 1136 852 4 STATE SENATOR DIST 18 6752 5598 82.9 292 13 2663 635 1136 852 4 ASSEMBLY DISTRICT 33 6752 5598 62.9 292 13 2663 635 1136 852 4 CITY OF ARROYO GRANDE 0 n 0.0 0 0 0 0 0 0 0 CITY OF GROVER CITY 0 0 0.0 0 0 0 0 0 0 0 CITY OF MORRO BAY 6752 5598 82.9 292 13 2663 635 1136 852 4 CITY OF PASO RUBLES 0 0 0.0 0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 0 ABSENTEES PET TOTALS 0 1602 0.0 76 5 709 181 296 331 1 . TOTAL VOTERS 6752 5598 82.9 292 13 2663 635 1136 852 4 A: MAYOR MORRO BAY Blank Votes B: MAYOR . MORRO BAY Over Votes C: MAYOR MORRO BAY WILLIAM YATES Page 12. H I J K L - ------ ------ ------ ------ --------------- C O L U M N L E G E N D ------------------------ D: MAYOR 6: MAYOR J: MORRO BAY MORRO BAY ROSE MARIE SHEETZ Nritein Votes E. MAYOR H: K: MORRO BAY JOHN BAKER F: MAYOR I: MORRO BAY NED ROSONAY SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-3-92 CITY OF MORRO BAY - MEMBER, CITY COUNCIL Precinct Voters Trnout Pct A B C D E F G Precinct Number EN042 885 535 60.5 42 0 250 42 260 176 0 Precinct Number CN043 684 382 55,8 28 0 212 63 117 154 0 Precinct Number CN044 921 560 60.8 45 0 271 88 264 223 1 Precinct Number CN045 667 418 62.7 38 0 193 75 203 130 0 Precinct Number CN046 900 468 58.5 35 0 267 73 196 175 0 Precinct Number CN047 604 365 60.4 33 0 157 65 176 130 1 Precinct Number CN048 711 460 64.7 29 0 256 73 242 140 2 Precinct Number CN047 683 419 61.3 17 0 232 70 208 158 1 Precinct Number CN050 797 389 48.8 28 0 226 43 181 161 0 Absentee Number ABSO42 0 187 0.0 6 0 83 53 100 63 0 Absentee Number ABSO43 0 201 0.0 10 1 117 41 76 97 0 Absentee Number ABSO44 0 202 0.0 18 0 89 55 107 71 0 Absentee Number ABSO45 0 126 0.0 8 0 66 38 53 45 0 Absentee Number ABSO46 0 168 0.0 14 0 79 38 72 65 0 Absentee Number ABSO47 0 168 0.0 12 0 84 35 89 50 4 Absentee Number A85048 0 136 0.0 12 0 67 24 69 42 0 Absentee Number ABSO49 0 158 0.0 6 0 80 33 76 70 0 Absentee Number ABS050 0 256 0.0 32 0 116 56 101 98 0 =0 Precinct Totals 6752 3996 59.2 275 0 2064 642 1909 1447 5 Absentee Totals 0 1602 0.0 118 1 7131 373 743 601 4 • __: Total Votes b752 5598 82.9 413 1 2845 1015 2652 2048 9 A: MBR CITY COUNCIL MORRO BAY Blank Votes B: MBR CITY COUNCIL MORRO BAY • Over Votes C: MDR CITY COUNCIL MORRO BAY AHNANAKE UNGER --------------- C 0 L U M N L E 6 E N D-------- D: MBR CITY COUNCIL G: MBR CITY COUNCIL MORRO BAY MORRO BAY TOM S. ANDERSON Nritein Votes E: MBR CITY COUNCIL H: MORRO BAY COLBY CROTZER F: MBR CITY COUNCIL I: MORRO BAY TOM YURIO Paqe 13. 1 H I d K d: Is SAN LUIS OBISPO COUNTY GENERAL ELECTION I1-3-92 CITY OF MORRO BAY - MEMBER, CITY COUNCIL • R E C A P Voters Trnout Pct A B C D E F ------------------------ TOTAL DIST 1 SUPERVISOR ------ 0 ------ 0 ----- ------ 0.0 ------ 0 ------ 0 0 ------ 0 ------ ------ 0 --- 0 TOTAL DIST 2 SUPERVISOR 6752 5598 82.9 413 1 2845 1015 2652 2048 TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 TOTAL DIST 5 SUPERVISOR 0 0 0.0 i1 0 0 0 0 0 TOTAL VOTERS 6752 5598 82.9 413 1 2845 1015 2652 204G CONGRESSIONAL DIST 22 6752 5598 82.9 413 1 2845 1015 2652 2048 STATE SENATOR DIST 18 6752 5598 82.9 411 1 2845 1015 2652 2048 ASSEMBLY DISTRICT 33 6752 5598 82.9 413 1 2B45 1015 2652 2049 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 CITY OF GROVER CITY 0 0 0.0 0 0 0 0 0 0 CITY OF MORRO BAY 6752 5598 82.9 413 1 2845 1015 2652 2048 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 ABSENTEES PCT TOTALS 0 1602 0.0 118 1 781 373 74.1 601 • TOTAL VOTERS 6752 5598 82.9 413 1 2845 1015 2652 2048 A: MBR CITY COUNCIL MORRO BAY Blank Votes B: MBR CITY COUNCIL • MORRO BAY Over Votes C: MBR CITY COUNCIL MORRO BAY AHNAWAKE UNGER --------------- C 0 L U M N L E G E N D -------- D: MBR CITY COUNCIL G: MBR CITY COUNCIL MORRO BAY MORRO BAY TOM S. ANDERSON Nritein Vote: E: MBR CITY COUNCIL H: MORRO BAY COLBY CROTZER F: MBR CITY COUNCIL I: MORRO BAY TOM NURIU G 0 9 0 U 0 9 9 4 9 i1 Q 4 0 0 0 U 0 4 9 I Im Page 13. I J Y, L - ------ ------ ------ 0 RESOLUTION NO. 147-92 IN MEMORIAM OF ANDY ZATKO AND HIS CONTRIBUTIONS TO THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Andy Zatko moved to Morro Bay in 1968 and; WHEREAS, Andy was involved in many generous activities throughout Morro Bay and always gave freely of his time and energy in helping others, and; WHEREAS, Andy donated the historical anchor forming the focal point of Anchor Memorial Park serving as a reminder and memorial for fisherman lost at sea, and; WHEREAS, the City of Morro Bay lost an outstanding citizen and asset to the community upon Andy's death on November 7, 1992. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that Morro Bay honors Andy Zatko for his years of community service and for his generosity and that he will always live in the memories of the people in Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of November, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None 4��Z4& ARDITH DAVIS, CITY CLERK 0 RESOLUTION NO. 146-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A NEGATIVE DECLARATION AND A CONDITIONAL USE PERMIT FOR A CONCEPT PLAN TO DEMOLISH A FORMER MARINE/ABALONE FACILITY AND CONSTRUCT A RETAIL STORE AND RESTAURANT AT 875 EMBARCADERO T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 16-92 WHEREAS, The City Council of the City of Morro Bay on the 23rd day of November, 1992, did hold a duly noticed PUBLIC HEARING to consider the request of Joanne Shiflett for a Concept Plan for construction of a 977 square foot retail store and a 973 sq. foot restaurant with outside dining at 875 Embarcadero. WHEREAS, the Environmental Coordinator determined that the project is for purposes of the California Environmental Quality Act in that the project is recommended for a Negative Declaration based on an initial study by the Planning Director. WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. That the project will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood; and 2. The project will not be injurious or detrimental to property and improvements in the neighborhood; and 3. The project will not be injurious or detrimental to the general welfare of the City; and 4. The project is in conformance with the General Plan and certified Local Coastal Program (LC?) and Zoning Ordinance; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby grant approval of Resolution No. 146-92 subject to conditions attached hereto. • PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 23rd day of November, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, City Clerk I 0 CONDITIONS OF APPROVAL • CASE NO. CUP 16-92 A. General Standard Conditions: 1. Exhibits: This request is granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Precise Plan Within One Year: Unless the completed Precise Plan is submitted not later than one year 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, an extension for not more than one additional year may be granted by the Planning Commission, upon findings that the project complies with all applicable provisions of the Morro bay Municipal Code in effect at the time of the extension request. 3. Changes: Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Subdivision Review Board. 4. Compliance with Law: 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. 5. Hold Harmless Clause: The applicant, as a condition of approval, hereby agrees to defend, indemnify or hold harmless the City, its agents, officers and employees from any claim, action or proceeding against the City as a result of the action or inaction by the city, or from any claim to attack, set aside, void or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 6. Compliance with Conditions: Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement 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. 0 Conditions of Approval CUP 16-92 Page Two • 7. Acceptance of Conditions: Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community development written acceptance of the conditions stated herein. B. BUILDING & SITE CONDITIONS Colors and Materials: Prior to issuance of a zone clearance, the Director of Community Development shall ensure compliance of all exterior colors and materials, including fencing materials as approved on Exhibit(s). All other colors and materials not so specifically approved may be approved by the Director according to the following objectives: achieve compatibility with colors and materials used in the on -site improvements; achieve compatibility with the architectural design of the improvements; achieve compatibility with surrounding land uses and properties; preserve the character and integrity of the zone. Water Saving Devices: Water saving devices shall be installed in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Building Official. 3. Underaroundina of Utilities: All on -site utilities including electrical, telephone and cable television shall be installed underground. 4. Screening of Equipment: All roof -mounted air conditioning, or heating equipment, vents or ducts shall be screened from view in a manner approved by the Director of Community Development. 5. Screening of Trash Storage: All trash enclosures shall be functionally located aesthetic extensions of the main structure with a minimum wall height of five (5) feet. Reasonable effort shall be made to locate enclosures in a manner which will not interfere with the reasonable use of adjoining properties or endanger the health or safety of persons in the subject property. Exterior Lighting_ The exterior lighting system shall be low level with a height of fixture not to exceed a maximum of 20 feet and shall achieve the following objectives; avoid interference with reasonable use of adjoining properties; minimize on -site and off - site glare; provide adequate on -site lighting; limit electroliers' height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility. 7. Sianaae: The total signing program shall conform to Chapter 17.68. A sign permit is required prior to the issuance of a building permit for occupancy. 8. Setbacks: The setback of all structures from the property shall be as shown on the plans. . 9. Archaeology: In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall immediately cease in the immediate area, and the find should be left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and/or salvage. The developer shall be liable for costs associated with the professional investigation. 10. a. Prior to issuance of a Building Permit, the Community Development Director shall verify that the necessary water equivalencies have been met for the size of the project and the nature of proposed occupancy. b. If a water equivalency has been allocated to the project by the City of Morro Bay, the applicant shall abide by MBMC Section 13.20 pertaining to water Equivalencies. Following the issuance of a building permit and just prior to Final Occupancy, applicant shall submit a Title Report to the Building Official, for verification of ownership. 11. Design Review: As part of the Precise Plan and prior to submittal for building permits, the architectural consultant shall prepare architectural elevations of the four sides of the building and submit those elevations to the Community Development Director for review presentation to the Planning Commission and incorporating the following elements: a. Specify type of rock fascia b. Incorporate wood in gable ends & provide optional design. C. Reduce bulk and massiveness of arch over walkway. d. Reduce amount of stone used in structure. 12. Dust Control: That prior to issuance of a grading permit or zone clearance, a method of control to prevent dust and wind blow earth problems shall be submitted to and approved by the Building Official. 13.. In Lieu Parking Fees: Prior to the issuance of a building permit, the applicant shall provide an off -site parking agreement for approval by the City or shall pay a fee for the purpose of public parking improvements. Such monies shall be placed in a special fund to be used for this purpose. Said fees shall be equal to $4000 in lieu parking spaces. Outdoor dining shall be determined at a ratio of one-half space for each four seats. 14. Gate: The proposed gate shall be eliminated. • 15. Construction Over Bay: No pilings or other structures shall be permitted within the bay. Conditions of Approval Case No. CUP 16-92 Page Five 16. View Corridor: The view corridor shall not be obstructed by walls, fences, or other solid or opaque structures. C. LANDSCAPING CONDITIONS 1. Landscape and Irrigation Plan: Prior to the issuance of a Building Permit, a landscaping plan shall be submitted to include details of the number, size, location and type of species for all plant materials. In addition, the landscaping plan shall include the proposed method and location of irrigation. The plan shall also include fencing details and screening of the trash enclosure. A variety of native and drought resistant plant and tree species shall be used wherever possible. The landscaping plan shall be approved by the Director. 2. Landscaping Protection: All landscaping and planting within paved areas shall be contained within raised planters surrounded by six (6) inch concrete curbs. 3. Timing of Landscaping: All required plantings shall be in place prior to establishment of a use or issuance of a Certificate of Occupancy. 4. Maintenance of Landscaping_ All required plant materials shall be maintained in a clean and neat condition. All landscaping shall be cared for, maintained, watered, fertilized, fumigated, pruned and kept in a healthy growing condition. Where a required planting has not survived, it shall be promptly replaced with new plant materials having similar functional characteristics and a size either equivalent to or exceeding the original size. D. PUBLIC WORKS CONDITIONS 1. Off -Site Public Improvements: The applicant shall submit engineering drawings and cost estimates for all proposed off -site improvements for review by the City Engineer and cost estimates. Upon approval of the design drawings, the applicant shall deposit a financial security with the City in the amount of 150% of the estimated construction cost prior to the issuance of a building permit. 2. Curb. Gutter & Sidewalks: The applicant shall construct curb, gutter and new 8 foot wide sidewalk, for the entire Street frontage abutting the project site or shall make repairs and modifications thereto as required by Municipal Code and directed by the City Engineer. All improvements shall be constructed to City standards and at the applicant's cost. The existing drive approach shall be removed and replaced with an 8 foot wide exposed aggregate sidewalk. Cl Conditions of Approval Case NO. CUP 16-92� Page Five • 3. Grading & Drainage Plan: The applicant shall submit a grading and drainage plan with calculations to demonstrate the proposed on -site drainage facilities will handle the peak runoff from a 25-year storm. Surface disposal of drainage over sidewalks or driveways is prohibited. The applicant shall construct on -site inlets and through -curb drainage facilities in accordance with City standards. Existing storm drain shall be addressed as required by the City Engineer. Encroachment Permit: An Encroachment Permit issued by Department of Public Works is required for all work within the public right- of-way prior to issuance of a building permit or recordation of a final map. 5. Non -Protest Agreement: The applicant shall enter into a binding agreement with the city to not protest the inclusion in any future improvement assessment district which includes the property that may be formed for the purpose of constructing public improvements benefitting the property. 6. Rip Rap Repair: Any necessary rip -rap repair shall be consistent with City standards. E. FIRE DEPARTMENT 1. Fire Supervision: All provisions for fire suppression shall be in accordance with the Uniform Fire Code of the City of Morro Bay. 2. Fire Hydrants: Prior to issuance of a zone clearance (or recordation of the final tract map) the permittee shall submit plans to the Fire Department for approval of the size and location of on -site fire hydrants if deemed necessary by the Fire Chief. 3. Address Numbers: Address numbers shall be of contrasting color to the background and shall be readily visible at night. The numbers shall be subject to approval of the Director of Community Development and the Fire Chief. 4. Fire Extinguishers: All fire extinguishers shall be installed in accordance with National Fire Protection Association Standard #10. 5. Fire Sprinklers: The applicant shall provide a fire sprinkler system to NFPA 13 standards acceptable to the Fire Chief. F. HARBOR DEPARTMENT: Lease Approval: As may be required, the Harbor Director to ensure incorporated into the lease prior to 0 the applicant shall work with that these conditions are issuance of Building Permits. [-I � � Ve S! Z / ,// ° / 7�`�� Z ( )/0 \ 2- \2Z ` / 0 0 0 HOT_ V% � \ + y &f g_ } . L] 7 wIly, / m ( { � _=m (� A ' N EX$BT_ -A9> 9iu-«� (Sa1 MM •su �w) o+e.wn CIf ' 1 t // OGN� w'ieailw . iatil. H ,-"°'v rb T0. u+ 9NY1 r � w N 1 TMYM IW.Y M1M GK LAYS { Jnb LY4Y C ALY E L 191+Yi "1 lyiyd 1'+ � 9NNY> 5F+7�L�3 Y.O�MJ � i i � i e §I ri I t • RESOLUTION NO. 145-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY MAKING FINDINGS THAT THE STATE OF CALIFORNIA MODEL EFFICIENT LANDSCAPE IS UNNECESSARY IN MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, State of California Assembly Bill 325 requires all cities and counties to adopt a State Model Water Efficient Landscape Ordinance, their own local water efficient landscape ordinance, or issue findings that no ordinance is necessary; and, WHEREAS, the City's Water Advisory Board, Recreation and Parks Commission and Planning Commission have reviewed the State's Model Water Efficient Landscape Ordinance and found it to be overly complex and unnecessary due to the City's unique situation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that adoption of the State Model Water Efficient Landscape Ordinance is unnecessary due to the following findings: a) the Model Ordinance exempts landscape areas of 2,500 square feet or less from the water efficient landscape requirements and the City's residential lot size averages approximately 5,000 square feet allowing less than 2,500 square feet to landscape on each lot; b) the Model Ordinance exempts homeowner provided landscaping which represent the vast majority of lots in Morro Bay and further exempts parks, schools and other active recreation use areas from water efficient landscape requirements by allowing additional water use; c) the City already has implemented water conservation ordinances and mechanisms which include levels of conservation in the event of shortage, prevent water runoff and emphasize xeriscape; d) the City regularly requires submittals for landscaping plans on all new residential and commercial development to contain detailed planting and irrigation designs for staff approval; e) the City has implemented a park irrigation system replacement program utilizing the principles contained in the State's Model ordinance, and moisture -sensing, computer controlled irrigation systems; and • • RESOLUTION NO. 145-92 PAGE 2 f) the State's Model Ordinance is viewed as a mandated program by the City which will increase costs of City operation without State reimbursement and increase the cost of developing property in the City. BE IT FURTHER RESOLVED, by the City Council of the City of Morro Bay that the citizenry's display of sensitivity to Morro Bay's seasonal water shortage, continued interest in conserving water and Morro Bay's thirty (30) year history of water shortage make it unnecessary for the City to adopt the State's mandated water efficient landscape ordinance. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 23rd day of November, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK • c/wladmin/r5145-92 0 RESOLUTION NO. 144-92 APPROVAL OF CONSOLIDATION OF LEASE SITES 78-79/78W-79W AND 80-81/80W-81W AND APPROVAL OF A NEW LEASE FOR THE CONSOLIDATED LEASED AREA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain tidelands grant property known as Lease Site 78-79/78W-79W and Lease Site 80- 81/80W-81W,and; WHEREAS, Van Beurden Investments is the lessee on said lease sites, and; WHEREAS, Van Beurden Investments has proposed major renovations and upgrades to both Lease Sites, and; WHEREAS, the City and the lessee both desire to consolidate the two lease sites for ease of administration and for the completion of the proposed improvements and enter into a new lease under the City's master lease format for the consolidated lease. NOW, 'THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the consolidation of Lease Site 78-79/78W-79W and Lease Site 80-81/80W-S1W is hereby approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the attached new lease agreement for Lease Site 78-81/78W-81W. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of November, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None 0 0 RESOLUTION NO.143-92 AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE CONTRACT 192 EDBG-194 FOR A SEAFOOD PROCESSING INDUSTRY PLANNING AND TECHNICAL ASSISTANCE GRANT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay did authorize application for a grant for a Seafood Processing Industry Facility Redevelopment Study from the State Community Development Block Grant program by Resolution 10-92 dated January 27, 1992; and, WHEREAS, on September 2, 1992 the City was notified of award of that grant; and, WHEREAS, the terms of the grant agreement require the City Council to authorize the City Administrator to execute the grant agreement. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Administrator is hereby authorized to execute contract #92 EDBG-194, and any amendments thereto, for a seafood processing industry facility redevelopment planing and technical assistance grant. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of November, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ARDITH DAVIS, CITY CLERK • CITY OF MORRO BAY . REQUEST FOR QUALIFICATIONS The City of Morro Bay is seeking the assistance of a consultant firm for the preparation of a Seafood Processing Industry Facility Redevelopment Plan. The city is the recipient of an economic development planning grant from the State of California, Community Development Block Grant Program. This grant, combined with local matching funds, will fund the study. Conduct of the program is defined by State Regulations, Title 25, Chapter 7, Subchapter 2, CDBG Program. If you are interested, two (2) copies of your statement of qualifications must by received by December 11, 1992 at 5:00 PM at the following address: ATTN: Harbor Director City of Morro Bay City Hall 595 Harbor St. Morro Bay CA 93442 PROJECT OVERVIEW: The project is a seafood processing industry facility development plan. The production and processing ends of the seafood industry are experiencing rapid change. Limited seasons and methods of catch mean limited product to sell for the processor in some traditional fisheries. In addition, processors must upgrade facilities for proposed federal inspection programs and to minimize environmental impacts. Given existing market conditions and current facilities, processors in Morro Bay foresee relocation or declining business as they do not expect to be able to accomplish required improvements with their existing resources. The City of Morro Bay has initiated a conceptual plan to study seafood industry requirements and existing processing sites in Morro Bay with the goal of redeveloping one or more of the sites. One processor indicates a desire to double their work force if they could provide for improvements to the plant facility. They want to access the deep water trawl fisheries as it is year round and provides a consistent supply of product. However, the nature of this market requires speedy handling of large volumes of fish. They may not be able to continue operation in Morro Bay unless improvements are made to their facility which is on City -owned property. The City proposes to study all processing sites in Morro Bay to attempt to identify one or two sites which would be suitable for public/private investment to allow for expansion and improvements. SCOPE OF WORK: Consultant shall prepare a seafood processing industry facility development study with the following components: • Request for mifications Page 2 of 3 I. Consultant shall review, planning (including the draft •Waterfront/Rock Specific Plan), land use, zoning, transportation, traffic (including the draft Parking Management Plan), and water issues as they relate to current and future site suitability for the three existing seafood processing sites in the City of Morro Bay 1. Central Coast Seafoods 2. The Cannery 3. Cordero/Winston & Company A. Consultant shall interview the owners of each of the three businesses and solicit information from other industry sources. Consultant shall review broad based and local trends in the seafood industry and identify critical issues for future development of improved seafood processing facility sites and business operations including but not limited to; 1. Market requirements 2. Traffic and transportation considerations 3. Site suitability for expansion and incorporation of required facilities 4. Local planning and land use limitations 5. Infrastructure limitations and adaptability B. Consultant shall evaluate the critical issues and prepare a matrix ranking for each site based on suitability for future development of a seafood processing facility. II. Consultant shall prepare conceptual designs for the highest ranked site which will incorporate consideration of critical issues and meet the needs of future business viability. Conceptual design shall indicate at a minimum: site layout, plant capacity, and specialized equipment or infrastructure needs. Consultant shall prepare rough elevations for public display of the conceptual design. III. Consultant shall prepare an economic development plan for redevelopment of the site which shall indicate at a minimum: 1. Number of employees which may be used in a new processing facility. 2. Cost estimates for completing design, capital construction of the facility and for required equipment, operation and maintenance. 3. Financing strategies for construction, operation and maintenance of the facility. Consultant shall submit step I to the City by June 30, 1993 and step II and III by December 30, 1993. Extensions may be allowed in conformance with the grant agreement and with the approval of grantor. Consultant may hire subcontractors to complete portions of the required work with prior City approval. Request for Qualifications Page 3 of 3 CONSULTANT SELECTION: Consultant shall conform to the terms and conditions of the attached • grant agreement dated . including requirements for insurance, etc. as outlined in Section 14 and attachments B and C The City will enter into a negotiated contract with the successful firm for all consultant work associated with the project. The consultant will be required to execute the City of Morro Bay's standard consultant services agreement, a copy of which is available by contacting: City of Morro Bay Harbor Office 1275 Embarcadero Morro Bay CA 93442 (805) 772-6254 Interested consultants should submit qualifications only to the City of Morro Bay Harbor Director, City Hall, 595 Harbor St., Morro Bay, CA 93442 no later than 5:00 PM December 11, 1992. The qualifications should provide the following information: 1. Firm's history, background, etc. 2. Capacity of the firm to conduct the Scope of Work and produce the Final Products. 3. Staff resumes. 4. Familiarity with the CDBG Program and similar funding programs. Is 5. Staff availability. 6. Method for determining future contract price... a cost bid is not requested at this time. 7. List of references and clients. 8 Any appropriate affirmative action criteria. SELECTION PROCESS CRITERIA: o Firm and individual experience o Economic development experience o Knowledge of coastal and specific Morro Bay planning and zoning issues. o Knowledge of regional economic issues and, seafood processing industry and commercial fishing industry issues and trends. o CDBG experience 0 Other funding sources experience o Affirmative action will be taken into account to assure that small, women and minority owned businesses are utilized when possible. The City reserves the right to select a firm and negotiate a contract based solely on a qualifications submittal. Interviews will be at the option of the City. A final decision will be made by the City's Harbor Director as project coordinator no later than December 11, 1992. The full grant application is available for review at the address noted below. RESOLUTION 142-92 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING A GRANT APPLICATION TO THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE RECONSTRUCTION OF THE LAUNCH RAMP DOCKS/ACCESS WAYS, REPAVING OF THE PARKING LOT AND COMPLETION OF PHASE III WORK AT TIDELANDS PARK T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State Department of Boating and Waterways provides grants to cities, counties and districts for the development of small craft harbor facilities and boat launch ramps; and, WHEREAS, the City of Morro Bay Tidelands Park launch ramp docks and access ways and parking lot are deteriorated and in need of repair and replacement; and, WHEREAS, the City of Morro Bay is desirous of reconstructing the Tidelands Parks launch ramp docks/access ways, repaving the Tidelands Park parking lot and completing Phase III of Tidelands Park to include sidetie and parking area construction to meet the needs of the boating public in the surrounding area; and, WHEREAS, the City of Morro Bay has prepared the necessary environmental review of the project resulting in issuance of a negative declaration in 1984, notice of determination in 1989, State Clearinghouse Review of the negative declaration in 1989 and Planning Commission approval of environmental documents in 1992. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay requests a grant from the Department of Boating and Waterways in the amount of $295,000 for the reconstruction of the Tidelands Park launch ramp docks/access ways, repaving of the Tidelands Park parking lot, and completion of Phase III of Tidelands Park. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of November, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: A ITH DAVIS,-CITY CLERK c/w/admin/rs142-92 RESOLUTION NO. 140-92 RESOLUTION APPROVING THE CITY OF MORRO BAY'S TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1992/93 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, revenues derived from 1/4-cent of the retail sales tax collected state-wide are apportioned to local governments to be used for transportation purposes pursuant to the State of California Transportation Development Act (TDA) of 1971; and WHEREAS, the City of Morro Bay's apportionment of TDA funds for FY 1992/93 is $178,211; and WHEREAS, the City intends to use its TDA revenues for expenses associated with the operation of Morro Bay Dial -A -Ride (MBDAR) and the San Luis Obispo Regional Transit Authority, which operates the regional fixed -route system (CCAT) and the regional demand -response system primarily serving frail elderly and mobility-impaired/disabled individuals (Runabout), bicycle/pedestrian pathway projects or bicycle safety education, and San Luis Obispo Council of Governments planning/administration and ridesharing as directed by the San Luis Obispo Council of Governments on August 5, 1992, pursuant to the State of California Public Utilities Code, Article 3, Section 99234, Article 4, Section 99260(a), and Article 6.5, Sections 99313 and 99314; and WHEREAS, the City of Morro Bay hereby states a preference for using additional TDA funds, if such funds become available, for the City's MBDAR operations, provided however, that the City reserves the right to file an amended claim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to hereby approve the City's TDA claim for FY 1992/93 and authorize the City Administrator to sign the necessary claim documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of November, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST. ARDITH DAVIS, City Clerk MCU/LC:92-2:140-92 0 RESOLUTION NO. 139-92 RECOGNIZING THE EFFORTS OF GALEN RICARD FOR HER SUCCESSFUL COORDINATION OF THE MORRO BAY HARBOR FESTIVAL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the annual Morro Bay Harbor Festival is one of the major festivals on the Central Coast, and; WHEREAS, Galen Ricard has been the Harbor Festival Coordinator for the past five years, and; WHEREAS, this year more than 500 volunteers from over 30 non- profit groups participated in the operation of the Festival resulting in distribution of $13,500 to various non-profit groups, and; WHEREAS, this year's festival was attended by over 40,000 people who were able to access the festival site easily through the well planned and executed ride share shuttle which will be used as a model throughout the State, and; WHEREAS, under Ms. Ricard's direction the festival has grown every year in attendance and stature, reflecting favorably on the community and building goodwill within. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Morro Bay that Galen Ricard is hereby recognized and commended for her highly successful organization of the Morro Bay Harbor Festival which annually draws together various segments of the community to celebrate Morro Bay's working waterfront. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of November, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None . ARDITH DAVIS, CITY CLERK 0 RESOLUTION NO. 138-92 A RESOLUTION DETERMINING THE INDUSTRIAL DISABILITY OF LOCAL SAFETY MEMBER, ROBERT GUIDI WHEREAS, the City of Morro Bay (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, an application for disability retirement of Robert Guidi, employed by the Agency in the position of Fire Engineer has been filed with the Public Employees' Retirement System; and WHEREAS, the City Council has delegated to the City Administrator the authority to make determinations under Section 21023(c), Government Code, on behalf of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the attached Determination of Industrial Disability by its authorized delegate, and includes said determination of Industrial Disability as part of this Resolution by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 23rd day of November 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Sheetz NOES: None ABSENT: None Ardith Davis, City Clerk DETERMINATION OF INDUSTRIAL DISABILITY Pursuant to authority delegated to me by Resolution 19-86 of the City Council of the City of Morro Bay (hereinafter referred to as Agency) under Section 21036, Government Code, and after review of medical and other evidence relevant thereto, I hereby determine that Robert Guidi, a local safety member of the Public Employees' Retirement System, employed by the Agency is incapacitated within the meaning of the Public Employees` Retirement law for performance of his duties in the position of Fire Engineer. Pursuant to such authority, I also determine that such incapacity is a result of injury arising out of, and in the course of his employment as a local safety member, and that no third party liability exists in the matter. A petition for determination under Section 22026 whether such disability is the result of injury arising out of, and in the course of his employment by the Agency, in which he was a local safety member, has been filed with the workers' Compensation Appeals Board. A certified copy of such determination will be provided when rendered. I hereby certify that the member was separated from his employment in the position of Fire Egineer 22 May 1992, the day upon which the condition causing his disability became permanent and stationary. After expiration of his leave rights under Section 21025.4, Government Code, effective 22 May 1992, that no dispute as to the expiration of such leave rights is pending. This member has been offered participation in a rehabilitation program, which he has rejected/accepted. Date Forrest W. Henderson City Administrator City of Morro Bay 0 0 RESOLUTION NO. 137-92 APPROVAL OF ASSIGNMENT OF THE LEASE FOR LEASE SITE 96/96W FROM AL HALL TO JAMES AND MARGIE GEORGE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro bay is lessor of tidelands property known as Lease Site Lease Site 96/96W, and; WHEREAS, Al Hall is the lessee of Lease Site 96/96W, and; WHEREAS, City and lessee have amended the lease for Lease Site 96/96W by Resolution 136-92 on this date, and; WHEREAS, Mr. Hall has requested City approval of assignment of the lease agreement as amended on this date to James and Margie George, and; WHEREAS, Mr. and Mrs. George are currently tenants on Lease Site 93-95/93W-95W and are in compliance with all the terms and conditions of the lease for Lease Site 93-95/93W-95W. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that consent and approval is hereby given for assignment of the lease for Lease Site 96/96W as amended on this date to James and Margie George, subject to and contingent upon closure of escrow for the purchase of the lease hold estate and execution of assignment documents meeting the approval of the City Attorney's office by March 1, 1993. BE IT FURTHER RESOLVED that failure to close escrow for purchase of the lease hold estate, or fully execute assignment documents in a form and format acceptable to the City Attorney's office by March 1, 1993 will serve to void this consent and approval of assignment and this Resolution of the City Council will become null and void. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of November, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE MAMN SHE YOR ARDITH DAVIS, CITY CLERK L Ll RESOLUTION NO. 136-92 APPROVAL OF AMENDMENT TO LEASE FOR LEASE SITE 96/96W T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City is the lessor of tidelands property known as Lease Site 96/96W, and; WHEREAS, Al Hall, a sole proprietor is the lessee on City Lease Site 96/96W, and; WHEREAS, City and lessee desire to amend the lease agreement for Lease Site 96/96W to change the rental terms, clarify security deposit requirements and provide a process for the tenant to request extension of the lease based on tenant improvements to the Site. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached amendment signed by Al Hall on October 28, 1992 is hereby approved and the Mayor is authorized to execute the amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of November, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SH Z, MAYOR ARDITH DAVIS, CITY CLERK LEASE AMENDMENT LEASE SITE 96/96W • This amendment to the lease for lease Site 96/96W is entered into on Ncoc-MldBsc. l0 1992 by and between the City of Morro Bay a municipal corporation of the State of California, hereinafter called City and Alvin L. Hall dba the Whale's Tail Restaurant, a sole proprietor, hereinafter called Tenant. Whereas, Alvin and Norma Hall were parties to the existing lease for lease site 96/96W dated February 9, 1987 and; Whereas, Norma Hall is deceased and Alvin Hall has succeeded to her interest in the lease site; and Whereas, Tenant and City mutually agreed to a previous amendment of the lease by resolution of the City Council dated December 28th 1987, and; Whereas City and Tenant desire to amend the existing lease for lease site 96/96W for a second time. Now Therefore, Tenant and City shall provide for amendment of the lease dated February 9, 1987 for lease site 96/96W as follows: 1. Section 1.02 No Extensions: The present Section shall be deleted and replaced to read as follows: city councit. 2. Section 2.06 Percentage Rental: Exhibit B of the lease, the schedule of percentage of gross sales rent rates as referenced in this section, shall be replaced with a New Exhibit B, as follows: F..XHZB=T B FOOD SERVICE 8 GROSS AGS <$600,000 SA= 3 All sales including AGS $600,000-$800,000 5 beer & wine AGS $800,000-$1,000,000 7.5 AGS >$1,000,000 10 RETAIL SALES: Tenant 5 Sub -Lessee 5 MOORINGS, TIES & SLIPS: Pier/Fixed Piles 10 Pier/Floating 10 ALL OTHER SALES & INCOME: 10 AGS=Annual Gross Sales 3. Section 2.05 Security Deposit: The first paragraph shall be deleted and replaced to read as follows: The third paragraph shall be deleted and replaced as follows: . ANENDNENT 12 LEASH SITE %/96N PACE 3 of All other terms and conditions of said lease agreement dated February 9, 1987 shall remain in full force and effect. In witness whereof the parties hereto have executed this lease amendment: CITaF MORRO BAY ROSE RIE HEETZ, YOR ATTEST: RDITH DAVIS, CITY CLERK APPROVED AS TO FORM: iIlDY SKOU' EN, CITY ATTORNEY NOTARY: AL I L. HALL { RESOLUTION N❑. 135-92 • RESOLUTION ACCEPTING PARCEL NAP ME 91-221 AND REJECTING AN OFFER ❑F DEDICATION FOR PUBLIC STREET PURPOSES ON VISTA STREET AND ❑N SHASTA AVENUE T H E C I T Y C❑ U N C I L City of Morro Bay, California WHEREAS, on May 11, 1992 the City Council of the City ❑f Morro Bay passed Resolution `19-92 approving Tentative Parcel flap ME 91-221; and WHEREAS, on August 10, 1992 the City Council, pursuant to it's agreement in Conditional Use Permit No. 38-91 for said parcel map, approved resolution 101-92 to summarily abandon, frontage zones of 2 Feet width on Vista St. and 6 feet width on Shasta Ave., adjoining the land subdivided on said parcel map; and WHEREAS, a Condition of Approval ❑f Conditional Use Permit No. 3B-91 For said map was the irrevocable offer of dedication of the above said summarily abandoned land to the City for public right-of-way purposes; and WHEREAS, said irrevocable offer was made to the public on Parcel flap ME 51-221 for which the City has no immediate need; and WHEREAS, Section 56477.1 of the Subdivision flap Act requires the City t❑ reject any offer of dedication it does not choose to accept. NOW, THEREF❑RE, BE IT RESOLVED that the City Council of the City of Morro Bay, California accepts Parcel flap ME 91-221 and does reject on behalf of the public the offer ❑f dedication ❑f made on said map. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day ❑f November 1.99P by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ASSFN T: None attest: 46 ............. ARDITH DAVIS, City Clerk =;e a 3 SNASTA AVENUE QVil�JJfii� Ir.rrw r-� ra-4I .Po-L 4__ ss— to \ 1 \ A Y I \ ^ I \ � 1 I p \ O_ ' I it 1' I� ,o 1� ® 11 1 ^ IF 1 1 I I I 1 I, 1 ° 0 P n P a� P r m om N 4a c n°o x1 n o 'd rF po iC P2 A Jam+ n C Q) y 49�L P'M NA PA A VEN[/E i w SHA STA nnsn afe a<:•wi ivo-or ie-w <-t tiel ro<n<-Ewa-ee-arr <r C. Y Ch ,fir l ww� J~ 21 �i cn V _ I ENUE FOUND PI G / WAY � M<TM.MG fOUMp a s O o� 'L CO y lfl• � 9 �� `�J �' L � �� ®� �lJ ahJ�©�©O'�l O° OOQOOOOOO .Lwi i wLw ..........LNww.. c � i- L n L C `� L n i L n[ w C w ^1 m[ n i C C• C L m m m � m u - � u N •a . - s .A, C m v 7 OF�m O'a^vC m QgArl � O Em C _ oa EA vmv �, '4 � ff ♦ A Ea m:' yob u ESumOtm�°„ v �u e j a;c [W ti v L m4 0 vv U Gm q� O e< �`c � Eaveptiom � 4�oa imoGV= � ti c � o:: pp ti mmaoa Omm � �v.m, G.7 miiv c ',� qu= C mac ti m4�4m-0o4 �y mUmU,.q��4CgC a � m4;� Q `�V W v Orya F 2 o•'�F4a �"_ � c V� C`' E o m} ci .y o r7•i t m� S., n � z c 4 m 'V n V (� .� v �._ �Cib 0.}'q co U w m v WN vm Eti OO m m a m O tiursEry �C A W tiyv A Lm O v1 maSm h m mwv 4 co memo E Ct7 &m w � ` Fm E-. �. a 2 Q.N O V h U IQC LU a m F E.s S ° uvm beo oqt vFv4 O `0 rn� Spa E-1 mLO'FWE� yhL y�.':W � OGC ao promo L»>Sm� ° �'�b SEY' W`L.iUF UFm UN fn �.m RCmL L`mG•'Fm m-^•a0i� mAp O m Ua C A m O •. m `a4 omE GLU mb.+ m0. u�y aa-�." Fyh q.FVW mb Hm O m .S y t "! am q A E°b 6iN -•G, F y 4 m '�' y U•' j ti C LA-0ti �'� o u y a m a o o 'Ila a Gmym4°-0��y�vS 4 u � yo om Resofution No.134-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING MARY PHILLIPS AND THE MORRO BAY SENIOR CITIZENS FOR THEIR EFFORTS IN SECURING AND DONATING THE "ARE YOU O.K.?" COMPUTER SYSTEM TO THE FIRE DEPARTMENT The City Council City of Morro Bay, California gWEREAS, the City of Morro Bay has a high percentage of an elderly population living alone; and q WEREAS, every month the Fire Department responds to assist people who have fallen and can not get up, are not seriously injured, and need assistance; and 'WHEREAS, the "Are You O.K.T computer system became locally available to allow the Fire Department to check on the welfare of our needy citizens by placing a phone call; and WHEREAS, this system will help prevent minor medical needs from becoming major medical emergencies through its daily phone contact; and qWEREAS, Mary Phillips, a 23-year resident of Morro Bay, orchestrated a plan to acquire this computer system for the good of all of the citizens in the community; and "WEREAS, the Morro Bay Senior Citizens, Inc. provided the funds to purchase the "Are You O.K.T computer system and, in turn, donated the entire system to the City of Morro Bay Fire Department to perform this necessary service. NOW, THEREFORE, BE I?RE;SOLVLD that the City Council of the City of Morro Bay, wishes to extend its sincere and gracious appreciation to Mary Phillips for coordinating all of the parties involved in the "Are You O.K T computer system; and BE i-T FuR`Z'HER,RESOLVLD that the City of Morro Bay truly appreciates the Morro Bay Senior Citizens, Inc., June Hofstead, Past President and Ed McCracken, President, for their support and gracious donation of the "Are You O.K.?" computer system, and further appreciates the collective hard work on the behalf of all of the Seniors to raise the $3,100.00 necessary to purchase the system. PASSED AND ADOT9D, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 9th day of November 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST .0 RyWri halm The City of Mono Bay is dedicated to thepmervation and enhmatement of the sptatity of life whit& ue afl enjoy. We are com iW ttd to tftis purpost a duff 11 provide a%vef of municipafservice consistent and responsive wow public and its needs. 11 • RESOLUTION NO. 133-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT CONCEPT PLAN, COASTAL DEVELOPMENT PERMIT AND TENTATIVE MAP TO ALLOW DEVELOPMENT OF A PLANNED UNIT SUBDIVISION OF AN EXISTING 4.78 + ACRE SITE T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CDP 22-92/CUP 11-92/TM 02-92 WHEREAS, The Planning Commission of the City of Morro Bay on the 8th and 21st days of September and on the 5th day of October, 1992 did hold duly noticed PUBLIC HEARINGS to consider the request of Frank Denis for a Conditional Use Permit Concept Plan, Coastal Development Permit and Tentative Map to allow the subdivision of a 4.78 ± acre site into 10 residential lots. The project also includes a proposed abandonment of unimproved portions of Toro Lane and a public natural area. The site is located at the northern terminus of Toro Lane in the R-1/S.2B/PD and OA-1/PD District more particularly described as: APN:65-082-001,007,009 Portions of At.Bch. & St.Hwy R-O-W City of Morro Bay, County of San Luis Obispo • State of California WHEREAS, The Planning Commission, following all public hearings, and the testimony of all persons wishing to testify did recommend approval of the Concept Plan to the City Council; and WHEREAS, The City Council of the City of Morro Bay on the 26th day of October, 1992, did hold a duly noticed PUBLIC HEARING to consider the request; and WHEREAS, the Environmental Coordinator filed a Negative Determination for purposes of the California Environmental Quality Act, and no further documentation is necessary; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. The project, as conditioned, will not have any significant impacts and qualifies for a Negative Declaration; and 2. The project will not be detrimental to the health, safety, comfort, and general welfare of the persons residing or working in the neighborhood; 3. The project will not be injurious or detrimental to property and improvements in the neighborhood; •City Council Resolution No. 133-92 Page Two 4. The project will not be injurious or detrimental to the general welfare of the City; and 5. With the exception of building heights, the project is in conformance with the General Plan and the certified Local Coastal Program Land Use Plan (LCP) and Zoning Ordinance. 6. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage; and 7. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; and S. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 1300 et-seq.; and 10. The City has available adequate water to serve a portion of the • proposed subdivision based upon the water regulations and water equivalency table, Exhibit A, enforced at the time of approval of the Tentative Tract Map pursuant to General Plan Program LU 22.1. No development on the remainder of the project will be permitted until after supplemental water resources are available; and 11. It is infeasible for the applicant/owner to include any residential units which are affordable to low or moderate income families; and 12. The architectural treatment and general appearance of all buildings and open areas are in keeping with the character of the surrounding area pursuant to Section 17.48.210; and 13. It is infeasible to continue operating the existing motel or rehabilitate the existing motel at this location; and 14. The proposed gate will create unacceptable problems for vehicle turn -a -rounds and limit the accessibility to the park and state beach. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, City Council Resolution No. 133-92 Page Three 2. That the Council does hereby approve the Concept Plan for Case No. CUP 11-92/CDP 22-92/TM 02-92 with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th day of October, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTE : ARDITH DAVIS, City Clerk • CONDITIONS OF APPROVAL Case No. CDP 22-92/CUP 11-92/TM 02-92 A. Standard Conditions: 1. Exhibits: This request granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Inaugurate Within Two Years: Unless the Final Map,is submitted and the construction or operation of the structure of facility is commenced not later than two 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, an extension for not more than one additional year may be granted by the Planning Commission, upon findings that the project complies with all applicable provisions of the Morro bay Municipal Code in effect at the time of the extension request. • 3. Changes: Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Subdivision Review Board. 4. Compliance with Law: 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. 5. Hold Harmless Clause: The applicant, as a condition of approval, hereby agrees to defend, indemnify or hold harmless the City, its agents, officers and employees from any claim, action or proceeding against the City as a result of the action or inaction by the city, or from any claim to attack, set aside, void or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 6. Compliance with Conditions: Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted 01 Conditions Of Approval CDP 22-92/CUP 11-92/TM 02-92 Concept Plan only by written consent of the community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement 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. Acceptance of Conditions: Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community development written acceptance of the conditions stated herein. B. BUILDING & SITE CONDITIONS 1. Colors and Materials: Prior to issuance of a zone clearance, the Director of Community Development shall ensure compliance of all exterior colors and materials, including fencing materials as approved in CC&Rs. All other colors and materials not so specifically approved may be approved by the Director according to the following objectives: achieve compatibility with colors and materials used in the on -site improvements; achieve compatibility with the architectural design of the improvements; • achieve compatibility with surrounding land uses and properties; preserve the character and integrity of the zone. 2. Water Saving Devices: Water saving devices shall be installed in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Building Official. 3. Undergrounding of Utilities: All on -site utilities including electrical, telephone and cable television shall be installed underground. r� 4. Screening of Equipment: All roof -mounted air conditioning, or heating equipment, vents or ducts shall be screened from view in a manner approved by the Director of Community Development. 5. Screening of Trash Storage: All trash enclosures shall be functionally located aesthetic extensions of the main structure with a minimum wall height of five (5) feet. Reasonable effort shall be made to locate enclosures in a manner which will not interfere with the reasonable use of adjoining properties or endanger the health or safety of persons in the subject property. 6. Exterior Lighting The exterior lighting system shall comply with CC&Rs. The system shall be low level with a height of fixture not to exceed a maximum of 20 feet and shall achieve the `a • Conditions of Approval CDP 22-92/CUP 11-92/TM 02-92 Concept Plan following objectives; avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers' height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility. Surf and beach lights are prohibited. 7. Signage: The total signing program shall conform to Chapter 17.68. A sign permit is required prior to the issuance of a building permit for occupancy. 8. Setbacks: The setback of all structures from the front property line shall be 10 feet minimum. Garages shall be set back a minimum of 20 feet and shall have automatic, roll-up'doors. Side yards shall have a 5 foot minimum setback. Rear/Ocean yard setback shall meet the recommendations of Pacific Geo Science in their April 9, 1990 report but not be less than 10 feet. Setback lines shall be delineated on final map and be included in deeds. 9. Archaeology: In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall immediately cease in the immediate area, and the find should be • left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and/or salvage. The developer shall be liable for costs associated with the professional investigation. u 10. Water Equivalencies: a. Prior to issuance of a Building Permit, the Community Development Director shall verify that the necessary water equivalencies have been met for the size of the project and the nature of proposed occupancy. b. If a water equivalency has been allocated to the project by the City of Morro Bay, the applicant shall abide by MBMC Section 13.20 pertaining to Water Equivalencies. Following the issuance of a building permit and just prior to Final Occupancy, applicant shall submit a Title Report to the Building Official, for verification of ownership. 11. Design Review: Prior to submittal for building permits, the architectural consultant shall prepare architectural elevations of the four sides of the building and submit those elevations to the Community Development Director for review and approval based upon the recommendation of the Planning Commission and M Conditions Of Approval CDP 22-92/CUP 11-92/TM 02-92 Concept Plan incorporating the following elements: multiple peaked roof lines with a minimum 2-1/2 in 12 pitch -- no more then 25% of roof may be flat. 12. CC&Rs: The CC&Rs and any changes to them shall be subject to approval by the Community Development Director and the City Attorney. Said CC&Rs shall include the design criteria addressed in the applicant's submitted exhibits and the conditions of this permit. In addition, said CC&Rs shall include maintenance of the private street, all slopes and retaining walls and the on - site drainage system. The CC&R's shall specify the maximum building heights of 50 foot elevations for Lots 1,2,3, & 4; 51 foot elevation for Lot 5; 52 foot elevation for Lot 6; and 53.5 foot elevation for Lots 7,8,9 & 10. Only chimneys and vents may exceed these heights. said CC&R's shall not be modified without the approval of the City. 13. Dust Control: That prior to issuance of a grading permit or zone clearance, a method of control to prevent dust and wind blow earth problems shall be submitted to and approved by the Building Official. Only non -potable water shall be used for dust control watering. • 14. Excavation and Grading: Shall adhere to the recommendations made by Pacific Geoscience April 1990 and February 1992 reports. 15. Construction Activities: Construction shall be limited to the hours of 7:00 a.m. to 5:30 p.m. Monday through Friday. 16. Excavated Material Disposal Site: Prior to recordation of final map, the disposal site shall be identified and all necessary permits and approvals obtained. Truck routes shall be subject to the approval of the City Engineer and CalTrans. 17. Waterborne Risks including Tidal Waves: Any potential for tidal waves shall be disclosed on the grant deed. 18. Building Heights: Pursuant to Condition B.12. Roof tops for lots 7, 8, 9 and 10 shall not exceed 53.5 feet above sea level; lot 6 shall not exceed 52 feet elevation; lot 5 shall not exceed 51 feet elevation; an lots 1, 2, 3 and 4 shall not exceed 50 feet elevation. chimneys and vents may be permitted to extend above these heights. Approvals from California Coastal Commission for this building height shall be obtained prior to precise plan approval. The applicant shall apply for a modification of the LCP and Zoning Ordinance. 4 0 Conditions Of Approval CDP 22-92/CUP 11-92/TM 02-92 Concept Plan 19. Energy Conservation: Residential development shall incorporate appropriate alternative energy sources and energy conservation techniques, including, but not limited to, passive solar design. 20. Phasing: Development of three residences for which there are existing water equivalency credits shall be permitted after recordation of the Final Map based upon the Long Term Waiting List Allocation of Measure F units and/or any other applicable governing ordinances for residential developments. The construction on the remaining seven (7) lots shall not be permitted until the Water Management Plan has been approved, a supplemental water source is available and adequate to serve the City including this project, and in accordance with the Long Term Waiting List Allocation of Measure F units and/or any other applicable governing ordinances for residential development. Deed restrictions shall be recorded for these seven (7) lots identifying this limitation on construction. 21. Measure "I" Consistency: Prior to City Council action, the Planning Commission requests the City Attorney to determine the project's consistency with Measure "I". 22. Entrance Gate: The entrance gate shall be eliminated. • 23. Rear Property Line Identification• Private use of the bluff -top outside of the private lots shall be prohibited. No private stairways or access ways to the beach shall be allowed. Said restriction shall be included in the CC&Rs. The location of the rear property lines shall be clearly and permanently identified by either a fence, a wall or other permanent structure to be constructed along the property line prior to development of the site. 24. Guest Parking Lot: The guest parking lot at the entrance to the subdivision shall be clearly marked as guest parking. Direction and Coastal Access signs to the Public Parking Lot shall be posted. The height and treatment of the wall separating the guest parking lot and the adjacent owner's property shall be approved by the Director prior to construction. 25. Precise Plan: The Precise Plan shall be submitted within One (1) Year from the date of Concept Plan approval pursuant to section 17.36.080 A. • • Conditions Of Approval CDP 22-92/CUP 11-92/TM 02-92 Concept Plan C. LANDSCAPING CONDITION 1. Landscape and Irrigation Plan: Prior to the recordation of final map, a landscaping plan utilizing native and drought resistant species to control erosion shall be approved by the community Development Director, City Parks and Recreation Director and the California Department of Parks and Recreation. In addition, the landscaping plan shall include the proposed method and location of irrigation; also ensuring the landscaping is maintained in a healthy and viable state until construction on that individual lot begins. Also, prior to issuance of a building permit, a landscaping plan shall be submitted to include details of the number, size, location and type of species for all plant materials. The plan shall also include fencing details and screening of the trash enclosure. A variety of native and drought resistant plant and tree species shall be used wherever possible. The landscaping plan shall be approved by the Director of Community Development, the City Parks and Recreation Director, and the California Department of Parks and Recreation. 2. Timing of Landscaping: All required plantings shall be in place prior to establishment of a use or issuance of a Certificate of • Occupancy. During drought periods, all new landscaping shall be postponed. Bonding shall be required at the time of Final Map. • 3. Maintenance of Landscaping_ All required plant materials shall be maintained in a clean and neat condition. All landscaping shall be cared for, maintained, watered, fertilized, fumigated, pruned and kept in a healthy growing condition. Where a required planting has not survived, it shall be promptly replaced with new plant materials having similar functional characteristics and a size either equivalent to or exceed the original size. Said measures shall be included in the CC&Rs, including all common areas. 4. Street Trees: Street trees required by code shall be planted a minimum of 50 feet on -center on the west side of the private drive. Said trees shall be open, lacy type trees which also met the requirements for adaptability for use as street trees. D. PUBLIC WORKS CONDITIONS 1. Off -Site Public Improvements: The applicant shall submit engineering drawings and cost estimates for all proposed off -site improvements for review by the City Engineer and cost estimates. 0 Conditions Of Approval CDP 22-92/CUP 11-92/TM 02-92 Concept Plan Upon approval of the design drawings, the applicant shall deposit an approved financial security with the City in the amount of 150% of the estimated construction cost prior to the issuance of a building permit. 2. Curb & Gutter: The applicant shall construct curb and gutter for the entire new street paving at the project site. All improvements shall be constructed to City standards and at the applicant's cost. 3. Grading & Drainage Plan: The applicant shall submit a grading and drainage plan with calculations to demonstrate the proposed on -site drainage facilities will handle the peak runoff from a 25-year storm. Surface disposal of drainage over City right-of- way and bluff top areas in control of the City or the California Dept. of Parks and Recreation is prohibited. The applicant shall construct on -site inlets and through -curb drainage facilities in accordance with City standards. No clearing shall occur during the rainy season, November 1 through March 30th, unless preceded by erosion control measures acceptable to the City Engineer. Any grading which extends into the rainy season shall be preceded by an erosion control pan • which would prevent any potential runoff which would enter adjoining properties, beach, ocean, or any ecologically sensitive area. Said plan shall be approved by the City Engineer and shall include any necessary bonds or other assurances. Said drainage plan shall ensure that all street, parking area nd lot drainage is directed away from the bluffs. 4. Encroachment Permit: An Encroachment Permit issued by Department of Public Works is required for all work within the public right- of-way prior to issuance of a building permit or recordation of a final map. 5. Non -Protest Agreement: The applicant shall enter into a binding agreement with the city to not protest the inclusion in any future improvement assessment district which includes the property that may be formed for the purpose of constructing public improvements benefitting the property. Easements and Roadways: The final map shall include: On -site City abandonment of Toro Drive and a reservation for public utility easements in the abandonment areas. Applicant may provide documentation from utility companies to preclude such reservation. 7 • Conditions Of Approval CDP 22-92/CUP 11-92/TM 02-92 Concept Plan b. An easement along full length of private road for public access upon lot 12 from the site entry at southern end to public facility upon lot 11 at northerly site area. Said easement agreement shall be subject to the approval of the City Engineer, City Attorney and City Risk Manager. C. An irrevocable offer of dedication to a responsible public agency for public purposes. d. An irrevocable offer of dedication to State Parks for Lot 13. 7. Cayucos Sanitary District Approval• Prior to issuance of the grading or building permit, written approval from the Cayucos Sanitary District shall be required for any work in their easement. Conditions placed by said District for any protection, repair, modification, relocation, etc. of it's facilities shall be rigidly adhered to. Said District shall have the sole and exclusive right of review and approval of plans insofar as it's facilities are directly affected. 8. State Parks Dept Approval• Written approval from State Parks shall be required for design and location of proposed storm • drainage outlet(s) or alternate. Larger outlets shall be protected from animal/children intrusion. Inlet and/or outlet structure design shall address silt and hydrocarbon containment. Toro Lane, Yerba Buena & Highway 1 Intersection: Written approval by the City Engineer of a traffic/sight analysis for the Toro-Yerba Buena intersection at Highway One as impacted from the developed site including the public facilities. 10. Toro Lane Improvement: During the completion phase of the project, and at a time allowed by the City Engineer, the Developer shall improve Toro Lane from yerba Buena to the project site including all necessary transitions. Such improvement shall meet City Specification A4 (Frontage Road) or A7 (Hillside Street) as required by the City engineer and pending results of the traffic/sight analysis. Developer shall be responsible for all work and signage and shall conform to the Off -Site Public Improvements requirements at Condition No. 1. Public water from Toro Lane drainage shall incorporate inlets and storm drains exclusive the proposed project site drainage. 11. Drainage Onto State Park Property• Written approval by State Parks of a grading schedule which shall occur as much as possible during the "off-season." Conditions Of Approval CDP 22-92/CUP 11-92/TM 02-92 Concept Plan 12. Truck Route: The applicant shall obtain the written approval by the City Engineer and CalTrans of earth removal truck routes from the site during grading operations. Beachcomber Drive shall not be used as a truck route. 13. Public Improvements: Upon the improvement plans, the developer shall indicate locations of fire hydrants, water main and meters, sewer main and laterals, storm drain inlets and outlets, all proposed utility undergrounding, all necessary profiles and structural details and adequacy of turning radii for fire and larger vehicles (motorhomes, etc.) at the Toro Lane side of entrance gate and at the public facility area upon lot 11. 14. No Stopping on Private Road: Public access street easement upon Lot 12 shall be posted with no stopping signs and curbs shall be painted red. 15. Traffic Impact Fee: Prior to recordation of final map, a fee for short and long term impacts to City streets shall be determined and provisions for payment be made and approved by the City. E. FIRE DEPARTMENT • 1. Fire suppression: All provisions for fire suppression shall be in accordance with the Uniform Fire Code of the City of Morro Bay. 2. Fire Hydrants: Prior to issuance of a zone clearance (or recordation of the final tract map) the permittee shall submit plans to the Fire Department for approval of the size and location of on -site fire hydrants. 3. Clearing of Brush: All grass or brush adjacent to any structures on the project site shall be cleared prior to framing. • 4. Address Numbers: Address numbers shall be of contrasting color to the background and shall be readily visible at night. The numbers shall be subject to approval of the Director of Community Development and the Fire Chief. 5. Fire Extinguishers: All fire extinguishers shall be installed in accordance with National Fire Protection Association standard #10. 0 • Conditions Of Approval CDP 22-92/CUP 11-92/TM 02-92 Concept Plan 6. Sianage: Provide red curb and all weather signs with a minimum lettering of two inches by one -quarter inch stroke at locations as required by the Fire Department to read: NO PARKING -- FIRELANE. VEHICLES IN NO -PARKING ZONES MAY BE TOWED AWAY AT OWNER'S EXPENSE. 10.104 UFC POLICE DEPARTMENT 772-6225, to both sides of private drive. F. 1. Park In -Lieu _ Fees: Requirements of the City of Morro Bay for dedication of land for park purposes and/or payment of fee -in - lieu thereof shall be met prior to recordation of final map. Said fees can be applied to the construction of the public access stairway identified in Condition F.4. 2. Public Natural Area: Lot 11 shall be irrevocably offered for dedication to the City as a Coastal access natural area. Access signs shall be posted at the entrance to the development. 3. Public Stairway: A public stairway on the coastal bluffs shall be installed by the subdivider and a manner and location acceptable to the city and California Department of Parks and • Recreation prior to issuance of building permits. 4. Lands an- Maintenance and Lighting Assessment Distriat: Following the sale of seven (7) lots or within seven (7) years, which ever occurs first, the City and property owners will negotiate an assessment district to be formed to fund the on -going maintenance of the natural area, stairway and public access signage. Said language shall be incorporated into the C.C.&R's. n U 5. 1MD=91XQUt5 to Public Natural Area.: Recreation and Parks Director shall approve map details and notes addressing the public natural area, stairway and assessment district prior to final map approval. Said improvements shall be bonded and constructed upon the sale of 70% of the lots or within seven (7) years, which ever occurs first. Said language shall be incorporated into the C.C.&R's. 10 rq y]'Feg ouary'OIIZ ant q' uoininipgng auiad vaN G Lrl$ A mqy w'rynl n,m7 • uo!srnipgnS 3W!ad 4q ON I ' lLI r'r'r o • j�y.7 :I - I i§; 3 ' a ttlftl�•� n if (11nl �III'll'I II ' ±lil jllli�l• '�i l'`!1. I is rllll I •'! �!�IL•`� III ii it ��� Ii 6c. • G _ ueiS Y cwP0- fW1 01 CIASE NO. .r.- ExN�a�s y�'FfA aveW 'OIIZ .au121-1 Mal volauip9�5 lurod yypry Mo f#gsl Ila C7 'z a a�i � i• x � :i ea ija i;. e ;•.:! •e:= i!i : IasiiF2: 3si !�i yi. ?a9 Ei i:,�ii'a clz a�aii .I. r II i �. e I II ;F - it A N■ V \ / 33 �, a WON , u . z._. e ,e acepa� 0 ,U,PN r:ASE NC T'm E 98E_� ; LI � 0 EXH15IT A-2 3 N _m L V*I 0, 78, 04-7 s.F f r s>.! PYtAT C-Lev.55.0 '`4 r 1 4S • � 61 '11-5 T, 37, I•. W b ti AMENDED ZONING ORDINANCE 392 ti 44' 44 E- 52.88' R-1 / S•2B / PD r � - n4o I %z I.P. 4) ELEV.36.44- 55.FooT.co"Tout2 865E0 ON MOQ20 -_FS�\Y__ctTY 5.M. �-,-124 EDA ENGINEERING A SOCIATESNT 13M NIPOMO 57REEioSAN LUIS OBISPO. CA 9WIC8051549-8658 `=OA J 5(fA L-c . ( _ =_100 P-LLp ¢pP 22-52+ ;ASE N0. 2EY Z-21.9/ R 0 • R E S O LLTT = ON N O_ 1 3 2— 9 2 RESOLUTION OF COMMENDATION TO LOUISE BURT FOR HER SERVICES AS MORRO BAY FINANCE DIRECTOR/TREASURER T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Louise Burt began her employment with the City of Morro Bay in February 1982 through June 1983 as an Accountant/ Deputy City Treasurer in the Finance Department; and WHEREAS, Ms. Burt was appointed Finance Director/City Trea- surer of the City of Morro Bay in November 1983; and WHEREAS, Louise Burt is the longest -tenured Finance Director in Morro Bay City history; and WHEREAS, Ms. Burt has efficiently managed and streamlined Morro Bay's Finance Department which is responsible for utility billing, business licensing, cashier functions, switchboard, accounts payable, harbor billing and miscellaneous accounts receivable, payroll, and data processing; and WHEREAS, Mrs. Burt is responsible for preparing the City's Annual Budget and acts as financial advisor to City Council, City Administrator, and staff; and WHEREAS, for the last nine years Ms. Burt has profession- ally and responsibly managed the City's fiscal resources in spite of continuing cut -backs to local governments; and WHEREAS, Ms. Burt is to be commended for the many achieve- ments during her tenure including moving the City from a computer service bureau to an in-house main frame computer system for an annual savings of $40,000; ably managing $13.5 million in waste- water treatment plant grants; directing department operations from a bi-monthly to monthly utility billing system improving collection and communication with utility customers; surviving the City's emergency water rationing program without increasing staff; and shrewdly managing the City's investments to obtain the maximum yield to the City; and WHEREAS, Ms. Burt has submitted her resignation as Finance Director/City Treasurer in order to advance her career as Finance Director of the City and Redevelopment Authority in Ukiah, California. C� 11 Resolution No. 132-92 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby recognizes Ms. Burt's astute financial management skills and extends its appreciation for her commitment to Morro Bay's fiscal solvency through many lean years; and BE IT FURTHER RESOLVED by the City of Morro Bay City Council, staff, community, and especially her loyal and devoted department personnel, that Louise is wished a fond farewell and prosperous future in the City of Ukiah. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 26th day of October, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk • RESOLUTION NO. 131-92 APPROVAL OF AMENDMENT TO LEASE SITE IIOW-112W AND A PORTION OF 111.5W T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City is the lessor of tidelands property known as Lease Site 110W-112W and a portion of Lease Site 111.5W, and; WHEREAS, The Great American Fish Company, a California General Partnership, is the lessee of said lease, and; WHEREAS, clarifications relating to rental terms and accounting procedures were deemed necessary by the City and the Lessee, and; WHEREAS, the attached amendment sets the minimum annual rent at $30,000 effective July 1, 1993 and sets a new percentage of gross sales rent schedule. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached amendment for Lease Site IIOW-112W and a portion of Lease Site 111.5W is hereby approved, subject to receipt of • a fully executed copy of said amendment. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the attached amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of October, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SHEE Z, MAYO ARDITH DAVIS, CITY CLERK U LEASE AMENDMENT • LEASE SITE 11OW, 111W, 112W AND A PORTION OF LEASE SITE 111.5 W This amendment to the lease for Lease Site 110W, 111W, 112W and a portion of Lease Site 111.5W is entered into on OCTAAE2 <i �o , 1992 by and between the City of Morro Hay a Municipal Corporation of the state of California, hereinafter called City, and The Great American Fish Company, a California General Partnership owned by George W. Leage and Charles E. Ogle, hereinafter called Tenant WHEREAS, the parties or their predecessors in interest entered into that certain lease dated December 30, 1975 for lease sites 110W, 111W and 112W,which lease was amended on June22, 1976 to add lease site 111.5W and was further amended by the Addendum to lease dated June 1, 1977; and WHEREAS, City and Tenant as successor in leasehold interest mutually agreed to surrender back to City a portion of Lease Site 111.5W as outlined in the assignment of lease agreement dated November 29, 1980; and WHEREAS, City and Tenant have outlined and summarized all the various assignments and amendments of said lease agreements by an agreement dated November 27, 1987, all of said lease, amendment, and assignments are collectively referred to herein as the "master lease"; and WHEREAS, City and Tenant desire to further amend said master lease to clarify certain rental terms and accounting procedures. NOW THEREFORE, Tenant and City hereby agree and amend said master lease as follows: is I. Schedule A of said master lease shall he deleted in its entirety and replaced with Schedule A attached hereto and incorporated herein. All other terms and conditions of said master lease agreement between City and Tenant dated December 30, 1975 as amended and assigned shall remain in full force and effect. In witness whereof the parties hereto have executed this lease amendment CITY OF MORRO BAY GREAT AMERICAN FISH COMPANY OSE MARIE SHE Z, MAY RY ARTNER ATTEST: ARDITH DAVIS, CITY CLERK P ER APPROVED AS TO FORM: C J Y SKOD EN, CITY ATTORNEY SCHEDULE A: RENT Section 1 Minimum Rent • TENANT agrees to pay to CITY in addition to the additional sums specified herein below, a minimum guaranteed annual rental for the use and occupancy of said premises of $29,540.39 in FY 92-93 and $30,000 per year commencing July 1, 1993 payable in advance in equal semiannual installments on the first days of January and July of each year. Said rental 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 such other place or places CITY may from time to time designate by written notice delivered to TENANT. Section 2.Annual CPI Adjustment to Minimum Rent The parties agree that on the first day of July 1, 1994 and each July 1 thereafter the minimum guaranteed annual rental shall be increased or decreased in direct proportion to any upward or downward movement from the Consumer Price Index for January 1, 1993. 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 (hereafter called • Index.) The percentage adjustment for any given year shall be based upon the average monthly index for twelve months ending December 31st. Commencing July 1, 1994 the minimum annual rental shall be adjusted once each year on July 1, and will remain in effect as adjusted through June 30 of the following year, at which time it will be readjusted. (By way of illustration only, if the Index was 130 on January 1, 1992 and the average monthly Index from January 1992 through December 1992 equals 136 then the percentage increase is 4.62%. Therefore the minimum guarantee annual rental then being paid by TENANT would be increased by 4.62% commencing July 1, 1993 and continuing at that rate until June 30, 1994.) 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 rental for the leased premises. Notwithstanding the language of this Section, the rent shall not be adjusted below $30,000,00 after July 1, 1993. Section 3 Percentage Rental A. In addition to the minimum guaranteed annual rental specified hereinabove TENANT agrees to pay to CITY at the time • and in the manner hereinafter specified, as rent for the use and occupancy of said premises an additional sum equal to that 1 percentage of TENANT'S gross sales, hereinafter defined, as follows less the amount of the minimum guaranteed rental paid • pursuant to Section 1 and 2 herein above. Commencing July 1, 1992 and for the remainder of the term of the lease, the percentage of gross sales due under this Section shall be computed based upon the following uses: $ GROSS SALES FOOD SERVICE: Restaurant, Dining Room, 3 Food Service, Snack Bar, 5 Delicatessen, Fast Food, 5 Convenience Food, Bar/Lounge 10 RETAIL SALES Tenant 5 & SERVICE: Sub -Lessee 5 FISH & SEAFOOD: Retail Sales 5 Wholesale Sales 0.5 Unloading Fish $0.01/lb. MOORINGS, TIES 10 & SLIPS: ALL OTHER SALES 10 AND INCOME: For purposes of determining percentages, alcoholic beverage sales in conjunction with the restaurant service in the dining room area will be treated as restaurant sales. Any alcoholic beverage sales not in conjunction with restaurant service as well as alcoholic beverages purchased in the bar/lounge area and taken to the dining room area shall be treated as bar/lounge sales. • "gross B. The term sales," as used herein, shall (subject to the exception and authorized deductions as hereinafter set forth), mean the total selling price and the total gross amount received by TENANT from all rentals, merchandise sold and services rendered in, on or from said premises by TENANT, his subleasees, 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 services, alterations or repairs made in or upon said premises; the gross amount received by TENANT for merchandise sold pursuant to orders received in said 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 said premises. C. Notwithstanding the provisions of Section 3 of this amendment, the term "gross sales" shall not include the following • items, and such items may be deducted from "gross sales" to the F extent they have been included therein or have been included in a prior computation of "gross sales" or for which a percentage • rental has been paid under this lease to CITY. (1) Credits and refunds made to customers for merchandise returned or exchanged; and (2) Any sales or excise taxes otherwise includable in "gross sales" as defined in this article because a part of the total selling price of merchandise or services rendered in, from, or on said premises where TENANT must account for and remit the taxes to the government entity or entities by which they are imposed. (3) Any discount fees paid by TENANT to Financial Institutions for the use of that institution's credit card service. (4) Promotional sales and coupons, where TENANT registers a sale, but collects no revenues for the purpose of promoting business on the premises and in the waterfront area, provided that the total deduction may not exceed 1% of the total annual gross sales for the premises. D. TENANT 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 gross sales, as defined herein, made each calendar month in, on or from said premises. 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 said 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 (as defined herein) of each department, sub -lessee, licensee and concession 9 operating in, on or from said 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 additional rental 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 calendar year, 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 desires 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%). TENANT shall also immediately pay the additional rental with interest, therein shown to be payable by TENANT to CITY. Otherwise the cost of such audit shall be paid by CITY. In the event that an 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 recovery from TENANT all costs • of audit and review but shall also be entitled to recovery from TENANT a penalty equal to two times the percentage of gross sales rent due pursuant to this lease on such unreported amounts. F. CITY shall be entitled at any time within five years after the receipt of any such additional rental 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 of merchandise and services and any authorized deductions therefrom as shown by any such statements and shall upon request make the same available to CITY for examination. Section 4 Penalty and Interest A. If any rent is not received within ten 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. B. In addition to the penalty, TENANT shall pay interest at • the rate of one percent (It) per month or fraction thereof or the 4 • CJ maximum amount permitted by law as of the date this lease is signed, whichever is greater, 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 ' 5 • RESOLUTION NO. 129-92 RESOLUTION APPROVING UTILITY EASEMENTS WITHIN PROPERTIES OF PACIFIC GAS AND ELECTRIC COMPANY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay owns and operates underground water and sewer facilities for the benefit of public health and welfare; and WHEREAS, when said facilities are located within privately owned properties it is appropriate to obtain formalized recorded easements for operation, maintenance, repair, alteration, inspection, replacement, and appurtenant uses; and WHEREAS, City utilities exist owned by Pacific Gas and Electric and 3 on the attached Easement incorporated hereto; and within certain parcels of property Company delineated as Parcels 1, 2 document, referenced hereby and WHEREAS, no easement documents for said Parcels were found to be in existence; and •WHEREAS, both the City of Morro Bay and Pacific Gas and Electric Company desire and agree to provide for formalized easements. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that utility easements referenced herein and attached hereto are hereby approved; and BE IT FURTHER RESOLVED, the Mayor of the City of Morro Bay is hereby authorized to execute said easement document on behalf of the City and to cause appropriate recordation thereof. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of October 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: • ARDITH DAVIS, City Clerk WTB/LC:WTB92-2:129-92 62-311 (REV. 190) AFTER RECORDING, RETURN TO: O OF MORRO BAY 0111Clerk Doc No: 1992-074911 595 Harbor Street Rec No: 21022 Morro Bay, CA 93442 Official Records ;NF 0.00 San Luis Obispo Co. ; Lecat.ion: City/U OP" BAY FRANCIS M. COONEY ; Recording Fee - Document Transfer Tax S Recorder ' [ ] Computed on Full Value of Pro erty Conveyed, or Oct 28, 1992 [ J Computed on Full Value Less L?ens & En=TAsauces Time: 15 • 50 ' Remaining at Time or Sale. @e s] ;TOTAL 0.00 Signature of declarant or agent determining Lax EASEMENT LDII 2229-10-0380 PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called first party, hereby grants to the CITY OF MORRO BAY, a public body of the State of California, hereinafter called second party, the right to inspect, maintain, replace, reprove, and use sanitary sewer and water facilities and other appliances and fixtures appurtenant thereto, together with a right of way therefor, within a strip or parcel of land or along a route as herinafter set forth, and also ingress thereto and egress forth, and also ingress thereto and egress therefrom, over and across the lands therefrom over and across the lands situate in the City of Morro Bay County of sap Luis Obispo State of California, described esce as o ows: • i= (APN 66-331-024, 033 and 66-461-010) • PARCEL I: The strip of land, of the uniform width of 130 feet, reserved as a right of way for road purposes and designated (b) in the quitclaim deed from the County of San Luis Obispo to first party dated September 17, 1951 and recorded in Volume 628 of Official Records at page 342, San Luis Obispo County Records. PARCEL II: The strip of land, of the uniform width of 130 feet, reserved as a right of way for road purposes in the quitclaim deed from the County of San Luis Obispo to first party dated October 3, 1955 and recorded in Volume 833 of said Official Records at page 525. PARCEL III: Lots 6, 14, 15, 16, and 20 through 25, inclusive of Block 27; Lots 20 though 23, inclusive, of Block 281); Lot 10 of Block 29; and the portions of "J" Street, 69th and 73rd Streets (all vacated) contiguous to said lots, all of ATASCADERO BEACH, as said lots, blocks and streets are shown upon the Record of Survey map, filed for record in Book 6 of Licensed Surveys at page 107, San Luis Obispo County Records; excepting therefrom the portions lying within California State Highwav Route 5-SLO-1; conveyed in the document dated ,.arch 2 '_96'J and r�=dr sd in vol .:,� iOS C� � y _ ._. -`fici Records at page 277. nficn V7 • Said facilities shall consist of: One or more underground pipes with suitable service pipes and connections, as second party deems necessary, for the conveyance by it of sewage and water, located within the strips of land described as follows: 1: A strip of land of the uniform width of 10 feet, extending from the southeasterly boundary line of said PARCEL I northwesterly approximately 200 feet to the northwesterly boundary line of said PARCEL I and lying 5 feet on each side of the line which is parallel with and southwesterly 79.0 feet from the northeasterly boundary line of said PARCEL I. 2A: A strip of land of the uniform width of 10 feet, extending from the southeasterly boundary line of said PARCEL II northwesterly approximately 200 feet to the northwesterly boundary line of said PARCEL II and lying 5 feet on each side of the line which is parallel with and southwesterly 88.5 feet from the northeasterly boundary line of said PARCEL II. 2B: A strip of land of the uniform width of 10 feet, extending from the southeasterly boundary line of said PARCEL II northwesterly approximately 200 feet to the northwesterly boundary line of said PARCEL II and lying 5 feet on each side of the line which is parallel with and southwesterly 119.5 feet . from the northeasterly boundary line of said PARCEL II. 3A: A strip of land of the uniform width of 10 feet extending from the northerly prolongation of the westerly boundary line of said Lot 20 of Block 28D easterly to the westerly boundary line of said State Highway Route 5-SLO-1 and lying contiguous to and southerly of the following described line: Beginning at the point of intersect of said northerly prolongation of the westerly boundary line of Lot 20 with the centerline of said 69th Street, and running along said centerline (1) north 81' 12' east 135.0 feet; thence leaving said centerline (2) south 84' 46' east 41 feet, more or less, to the point of intersect of the centerline of said "J" Street with the westerly prolongation of the northerly boundary line of said Lot 6; thence along the northerly boundary line of said Lot 6 and its westerly and easterly prolongations, (3) north 81' 12' east 751 feet, more or less, to a point in the general westerly boundary line of said State Highway Route 5-SLO-1. 3B: A strip of land of the uniform width of 15 feet, lying contiguous to and westerly of the general westerly boundary line is southerly said State Highway Route 5-SLO-1 and extending from the southerly boundary line of strip 3A, southerly 718.2 feet (measured along said general westerly boundary line). voL 3980P.AGE.676 In the event any of the facilities installed hereunder interfere • with future operations of first party on said lands second party shall, within 90 days after receiving written notice from first party so to do, at second party's own cost and expense, relocate in a location mutually agreed upon on said lands such of said facilities so interfering; provided, however, that first party at the same time grant to second party all rights second party may deem necessary to effect said relocation. Second party shall not perform any work hereunder without giving first party at least forty eight (48) hours' notice of second party's desire so to do in order that a representative of first party may be present for the inspection and approval of such work. Said notice shall be given to Pacific Gas and Electric Company, Morro Bay Power Plant, 1281 Embarcadero, Morro Bay (805) 595-5000. Second Party's operations hereunder shall be performed so as not to endanger, or interfere with the operation of any of first party's facilities located on or adjacent to the hereinbefore described strips of land. Second party's use of said strips of land shall be at second party's sole risk and expense. The easement granted herein may be considered by others to be an implied endorsement of second party's plans. As a consequence, first • party asks that second party assure, by acceptance of this easement, that second party has given due consideration to the ecological and environmental impact of its development and has complied with, or will comply with, the applicable provisions of the Envirorunental Quality Act of 1970 (California Public Resources Code, Sections 21000 et seq.). First party shall not he liable to second party for any loss, damage or liability for damages, whether for loss of or damage to property, or injury to or death of persons, which shall arise out of or in any way connected with second party's operations hereunder unless such loss, damage, injury, or death shall be caused by the sole negligence or willful misconduct of first party. Second party shall indemnify first party, its officers, agents and employees against all loss, damage, expense and liability resulting from injury to or death of persons, including, but not limited to, employees of first party or second party, or injury to property, including, but not limited to, property of first party or second party arising out of or in any way connected with the exercise of the rights herein granted including any loss, damage, expense or liability proximately caused or contributed to by the negligence, whether active or passive, of first party, excepting only such loss, damage, expense or liability as may be caused by the sole negligence or willful misconduct of first party. • Second party acknowledges first party's title in and to said strips of land and priority of first party's title therein and agrees never to assail or resist said title. VOL -39R11PtrJR77 • The foregoing grant is made subject to all liens and encumbrances which may affect said strips of land and the word "grant" as used herein shall not be deemed to be a covenant against the existence of any thereof. • • The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF first party has executed these presents this Si' day of AUGr 199`7. Mission Trail Region Los Padres Division File{ 96204.233 Plate KK-28-18 & 19 Dwg. SBE 135-40-9D, pcls. 1 & 2 10B, pets. 2 & 4 T29S, RIDE, MDB&M SW/4 of Section 25 AF: 2229-10-0033 2229-10-0037 2229-10-0039 2229-10-0072 2229-10-0087 2229-10-0085 2229-10-0090 PACIFIC GAS AND ELECTRIC COMPANY By &��J' Phillip A. Wei Regional General Services Manager LAND DEPT. APPR. �� 4.P-ER-00il CITY OF MOR BAY BY OSE MARIE SH�E.EETZ, MAYOR ATTESTED Ardith Davis, City APPROVED AS TO FORM: Juy Skous�n, City Attorney qgS11Perltus 8 Rev. 5/85 of Wau Rap Calif Per ROUTE c SLp �{d{e H�ghay dated ed Ma2 rec �oI. 0. rch R. 2. pg. N !s• �rs.z• ST IPa' raair�, eu Y Y N c/d O Y •� V i NN \ r � y ,Cc! U ro at O n/ o of m om/ � Q N Y/ N c., c •: po /ate/ s o / '� �o / 2Qr /co/ cot u / V / 0) / 41 ti ` O co / b \ / 0 0 o� fss @ EASEMENT TO CITY OF MORRO BAY r"Cq, st, for SANITARY SEWER and WATER PIPELINES coted9 eat Unless otherwise dAEXHIBIT "8" dll courses .v .t.nto or along bormddr/s or to or Z/ns :f TY. RANCHO. BUBOIVISION. ETC_ SW/4 of Section 25 Plat# KK-28-18 & 19 MORRO BAY POWER PLANT NONE 4/21/92 SECTION TOWNSHIP RANOE MERIDIAN 25 29S 1DE MOB&M un I RUTN I HT I CH IF. S. DR. BY- CH. BY- -1 0 p G& E LDS PADRES 99?04. 239 0 6Z-3338 Rev. 3/95 Right of Way Map PARCEL I: (from County of S.L.O. Sept. 17. 1851 \\\ LVol. 628 O.R.. Pg. 342 i SBE 135_40-10B_ parcel 21 I STRIP #1 i 1ej 4 / \ MORRO BAY POWER PLANT /north 36e 15' e"t 130. 0' � 6 \ R090 \ �i — =aE 10' WIDE EASEMENT FOR SANITARY SEWER i WATER PIPELINES STRIP 102A 2Oo. _ _ _ _ _ _ _ r e� 04b'/ EMBARCADERO ROAD STRIP 02B south 39015' Nest 130.0' _ \� r,— L II:--------1 Prom County of S.L.O. Oct. 3. 1955 Vol. 833 O.R.. Pg. 525 ' LSBE 135 _40-10B. parcel 41 EASEMENT to CITY of MORRO BAY for SANITARY SEWER and WATER PIPELINES EXHIBIT NA" Unless oiherw/se snow, all courses extend to or along boundarles or Ines SW/4 of Section 25 Prat# KK-28-18 & 19 MORRO BAY POWER PLANT NONE 4/21/92j SECTION TONNSMIP RANGE MERIOIRN 25 29S 10E MDB&M COUNTY OF: SRN LUIS OBISPO t APN 66-331-24 & 33 RUIN I BY I cF PG&E DR. RuTMORI2 OLSEN cN. eY: s6204.239 0 0 624203 (Corporation) Rev. 1183 STATE OF CALIFORNIA ss. County of CCJk-C_A -------------- ....... in the year 19 .%z ; before me, fr. -�--AJOt-r 0 A _ c-r P' i t [..! ----------- ----------- ----- ...... ......... --- _......... -- a Notary Public for the State of california, personally appeared.. " .LC-C I �' R • "" C:3 S.S AJ Ot-r - ... ----------......... . personally kno n to in to roved to me on the basis of satisfactory evidenre to be the personX who executed the within instrument as s. ,y,i. <; .5..__� a-r.t A« ----------------------------------- - or on behalf of_ P A. C ct C, U a s .>' L-Z.c`c."�s c Gv ............................ .. .. • Official Seal acorporation, andacknowledgedio me that the corporation execuleditpu'rsuanflo its by-laws or a resolution of its board of directors. LEONARD A. GRILL! NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN THE COUNTY OF SANTA CLARA Commission Expires Dec. 9, 1994 STATE OF CALIFORNIA ss. COUNTY OF SAN LUIS OBISPO 4 Notary Public for the State of California On 26 October 1992 before me, Ardith Davis, City Clerk for the City of Morro Bay, personally appeared ROSE MARIE SHEETZ and JUDY SKOUSEN, personally known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. WITNESS`my hand %(y Cr '• r Z G 00`1 •�. r r A r and official seal. ARDITH DAVIS, City Clerk City of Morro Bay, California VOL 3980rAA 79 • RESOLUTION NO. 128-92 A RESOLUTION PETITIONING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS FOR THE RETENTION OF FILING FEE MONIES TO FUND AN ALTERNATIVE DISPUTE RESOLUTION SERVICE PROGRAM The City Council City of Morro Bay, California WHEREAS, there exists in our community a need for alternative dispute resolution leading to a more efficient judicial system and a less litigious and more harmonious society; and WHEREAS, we wish to further the cause of peaceful resolution of disputes in our country and promote greater access by the public to the legal system and, thereby to the furtherance of justice and delivery of service to those of middle and lower incomes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, we hereby petition the San Luis Obispo County Board of Supervisors for adoption of a resolution to retain in San Luis Obispo eight dollars • ($8.00) of the state -mandated filing fee increase pursuant to the Garamendi Act of 1986, Business and Professions Code Section 465, to fund an Alternative Dispute Resolution Services Program for San Luis Obispo County. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of October 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SHEE , Mayor ATTEST: ARDITH DAVIS, City Clerk is 11 • • RESOLUTION NO. 127-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING PUBLIC AREA USE PERMIT NO. 681 FOR THE 1992 LIGHTED BOAT PARADE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Municipal Code requires the City Council to approve of and authorize all special events held in the harbor; and, WHEREAS, the City will be sponsoring the Annual Lighted Boat Parade on December 5, 1992 starting at 6:00 p.m.; and, WHEREAS, the City Council has reviewed the aforementioned special event and finds that adequate insurance is provided by the City and the event will not interfere with reasonable use of the harbor for a period of more than four (4) hours. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves of the special event use of the harbor for the Lighted Boat Parade on December 5, 1992. BE IT FURTHER RESOLVED by the City Council that the Recreation and Parks Director is authorized to issue Public Area Use Permit No. 681 for the Lighted Boat Parade. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 26th day of October, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK c/w/comnissn/rs127-92 RESOLUTION NO.126.92 RESOLUTION OF THE MORRO BAY CITY COUNCIL IN SUPPORT OF GENERAL HOSPITAL GENERAL OBLIGATION BOND MEASURE F THE CITY COUNCIL City of Morro Bay, California WHEREAS, San Luis Obispo County General Hospital has maintained a tradition for more than 112 years - a tradition of quality, affordable health care; and WHEREAS, General Hospital faces closure because it does not meet State fire and seismic standards; and WHEREAS, a study funded by the County Board of Supervisors concluded that it would be more economically feasible to construct a new building than to bring the old structure up to code; and WHEREAS, the City of Morro Bay has a significant female population and a current study by the Commission on the Status of Women indicates that women will be especially adversely effected if General Hospital is forced to close; and WHEREAS, the senior population of our City is particularly at risk in case of General Hospital closure; and WHEREAS, our citizens should not be subjected to further economic hardship • brought about by this closure; and WHEREAS, the minimal cost to taxpayers as outlined by the County Auditor - Controller makes the project extremely attractive; and WHEREAS, the community commitment to affordable health care can most economically be met by the passage of the General Obligation Bond Measure F which will appear on the November 3, 1992 ballot. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Morro Bay hereby recommends and supports a Yes vote on Measure F. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of October, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None �/�,•, �% C AROSE E SHEtTTZ, Mayor�Mi/ ATTEST: ARDITH DAVIS, City Clerk . k 0 RESOLUTION NO. 125-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND AMENDING THE FEES FOR WATER AND SEWER AVAILABILITY TO WAIVE THE FEES ON THE FIRST 0.25 WATER EQUIVALENCY UNIT FOR NEW USES ESTABLISHING WITHIN EXISTING COMMERCIAL OR INDUSTRIAL STRUCTURES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, The City Council of the City of Morro Bay on the 12th day of October, 1992, did hold a duly noticed PUBLIC HEARING to consider an amendment to the current water and sewer availability fees to waive the availability fees for the first 0.25 water equivalency unit, or 30% of the water equvalency units needed, whichever is greater, for increases necessary for new uses to establish within existing commercial (non motel/hotel/campground uses) or industrial structures; and WHEREAS, the Environmental Coordinator determined that the amendment is exempt for purposes of the California Environmental Quality Act, and no further documentation is necessary; and • WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. That the proposed amendment shall apply as a one-time increase not to exceed 0.25 w.e.u., or 30% of the water equvalency units needed, whichever is greater, for uses within existing commercial or industrial structures and will not affect the overall water or sewer resources; and 2. The proposed amendment would not apply to commercial uses such as visitor serving accommodations or to expansions of existing commercial or industrial structures; and 3. The proposed amendment will allow commercial uses to locate and re -locate within existing commercial structures more easily and will therefore be a benefit to the existing business climate of the City; and 4. The proposed amendment will not cause significant public health problems or environmental impacts. 5. The proposed amendment is consistent with the Morro Bay General . Plan, Coastal Land Use Plan and applicable zoning measures. City Council Resolution No. 125-92 Page Two NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter, and, 2. That the Council does hereby amend the Water and Sewer Availability fees to allow a waiver of the first 0.25 water equivalency unit for increases necessary for new uses to establish within existing commercial (non motel/hotel/campground uses) or industrial structures in accordance with the conditions contained herein. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 12th day of October, 1992, by the following vote to wit: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None • ABSENT: None ATTEST: ARDITH DAVIS, City Clerk -� ROSE MARIV, SH.ETZ, \ Wayor i t -. u RESOLUTION NO. 124-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT CONCEPT PLAN FOR AN EXPANSION TO AN EXISTING MOTEL AND GALLERY T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 07-92 CONCEPT PLAN WHEREAS, The Planning Commission of the City of Morro Bay on August 17th and September 21st, 1992 did hold duly noticed public hearings to consider the request of Robert Gray for a Conditional Use Permit Concept Plan to allow for an expansion to an existing motel and gallery located at 561 Embarcadero more particularly described as: APN: 66-353-17 & 43 Lease Sites 63-64 & 63W- 64W City of Morro Bay County of San Luis Obispo State of California Whereas, following the public hearing and in consideration of staff recommendations and public testimony, the Planning Commission •did recommend to the City Council approval of the Conditional Use Permit Concept Plan; and WHEREAS, The City Council of the City of Morro Bay on the 12th day of October, 1992, did hold a duly noticed PUBLIC HEARING to consider the Conditional Use Permit Concept Plan request of Mr. Gray; and WHEREAS, the Environmental Coordinator determined that the project is a Class 1 Categorical Exemption for purposes of the California Environmental Quality Act, and no further documentation is necessary; and WHEREAS, at said PUBLIC HEARING, after considering the recommendations of the Planning Commission, the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. The project will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood; and 2. The project will not be injurious or detrimental to the property and improvements in the neighborhood; and 3. The project will not be injurious or detrimental to the general • welfare of the City; and •City Council Resolution No. 124-92 Page Two 4. The project is in conformance with the Morro Bay General Plan, Certified Coastal Land Use Plan and 'Zoning Ordinance; and 5. Public access requirements will be met if lateral and horizontal connections are provided; and 6. The project, as conditioned, will provide for view protection. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby approve Conditional Use Permit 07- 92 Concept Plan with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 12th day of October, 1992, by the following vote to wit: • AYES: Baker, Wuriu, Sheetz .— NOES: Luna, Mullen ABSENT: None ARDITH DAVIS, City Clerk n LJ ROSE MARI`E " SHEEWZ, Mayor CONDITIONS OF APPROVAL . CASE NO. CUP 07-92R A. General Standard Conditions: 1. Exhibits: This request is granted for a Concept Plan on the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Unless recorded not later than one year 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, an extension for not more than one additional year may be granted by the Community development Director, upon findings that the project complies with all applicable provisions of the Morro bay Municipal Code in effect at the time of the extension request. 3. Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the • Subdivision Review Board. 4. All requirements of any law, State of California, City governmental entity shall be this approval. ordinance or regulation of the of Morro Bay, and any other complied with in the exercise of 5. The applicant, as a condition of approval, hereby agrees to defend, indemnify or hold harmless the City, its agents, officers and employees from any claim, action or proceeding against the City as a result of the action or inaction by the city, or from any claim to attack, set aside, void or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the community Development Director and/or as authorized by the Planning Commission. Failure to comply with these conditions shall render this entitlement 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. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community development written, acceptance of the conditions stated herein. J • B. BUILDING & SITE CONDITIONS 1. Colors and Materials: Prior to issuance of a zone clearance, the Director of Community Development shall ensure compliance of all exterior colors and materials, including fencing materials as approved on Exhibit(s) on file. All other colors and materials not so specifically approved may be approved by the Director according to the following objectives: achieve compatibility with colors and materials used in the on -site improvements; achieve compatibility with the architectural design of the improvements; achieve compatibility with surrounding land uses and properties; preserve the character and integrity of the zone. 2. Water Saving Devices: Water saving devices shall be installed in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Building Official. 3. Underarounding of Utilities: All on -site utilities including electrical, telephone and cable television shall be installed underground. 4. Screening of Equipment: All roof -mounted air conditioning, or heating equipment, vents or ducts shall be screened from view in a manner approved by the Director of Community Development. Screening of Trash Storage: All trash enclosures shall be functionally located aesthetic extensions of the main structure with a minimum wall height of five (5) feet. Reasonable effort shall be made to locate enclosures in a manner which will not interfere with the reasonable use of adjoining properties or endanger the health or safety of persons in the subject property. Exterior Lighting: Prior to issuance of building permit an exterior lighting program shall be approved by the Community Development Director. The system shall be low level with a height of fixture not to exceed a maximum of 20 feet and shall achieve the following objectives; avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers' height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility. 5 C C • 7. Signage: The total signing program shall conform to Chapter 17.68. A sign permit is required prior to the issuance of a building permit for occupancy. 8. Public Access: As part of the Precise Plan submitted and prior to issuance of building permit a public access program including signage shall be submitted to the Community Development Director for review and approval based on the recommendation of the Planning Commission as shown on Exhibit 1. 9. Water Equivalencies: a. Prior to issuance of a Building Permit, the Community Development Director shall verify that the necessary water equivalencies have been met for the size of the project and the nature of proposed occupancy. b. If a water equivalency has been allocated to the project by the City of Morro Bay, the applicant shall abide by MBMC Section 13.20 pertaining to Water Equivalencies. Following the issuance of a building permit and just prior to Final Occupancy, applicant shall submit a Title Report to the Building Official, for verification of ownership. • 10. Design Review: Within one year and prior to submittal for building permits, the architectural consultant shall submit a Precise Plan including architectural elevations of the four sides of the building and submit those elevations to the Planning Commission for review and approval based upon the recommendation of the Planning Commission and incorporating the following elements: the redesign of the roof and articulation of the second floor to preserve and enhance the view corridor. • 11. Dust Control: That prior to issuance of a grading permit or zone clearance, a method of control to prevent dust and wind blow earth problems shall be submitted to and approved by the Building Official. 12. In Lieu Parking Fees: Prior to the issuance of a building permit, the applicant shall provide an off -site parking agreement for approval by the City or shall pay a fee for the purpose of public parking improvements. Said fee, if feasible and approved by the City, may be incorporated into the Lease Site payments and paid over time. Such monies shall be placed in a special fund to be used for this purpose. Said fees shall be equal to $4000 in lieu parking spaces. M . 13. Geotechnical Report: Prior to issuance of a building permit, a geotechnical report shall be submitted to the Community Development Department. The report will address the structural integrity of the revetment and the soils on site. 14. Parking Spaces: Shall provide a minimum of three spaces of lu feet by zu feet each on site. 15. Building Height: Shall not exceed 2119" above natural grade. 16. Deed Restrictions: Prior to issuance of building permit, a deed restriction in form and content acceptable to the City Attorney shall be recorded in perpetuity to prohibit the use of the motel units as residential units. C. LANDSCAPING CONDITIONS 1. Landscape and Irrigation Plan: Prior to the issuance of a Building Permit, a landscaping plan shall be submitted to include details of the number, size, location and type of species for all plant materials. In addition, the landscaping plan shall include the proposed method and location of irrigation. The plan shall also include fencing details and screening of the trash enclosure. A variety of native and drought resistant plant and tree species shall be used • wherever possible. The landscaping plan shall be approved by the Director. 2. Landscaping Protection: All landscaping and planting within paved areas shall be contained within raised planters surrounded by six (6) inch concrete curbs. Protection of Existing Trees: The developer shall protect and preserve existing trees on project site to the extent practicable. The developer shall consult with the Community Development Director to achieve the following goals: eliminate crowding; eliminate dead, dying or diseased trees; protect root structures from grading; top trees for the safety of persons and property and the continued health of the remaining trees; provide sufficient irrigation, pruning, fertilization, weed control, pest and animal control and disease control to insure continued health. The loss or removal of the healthy existing trees is described as constituting an irreversible loss of a valuable resource or other environmental value shall be replaced by the developer as a mitigation measure with new tree(s) to be approved by the Community Development Director. 4. Timing of Landscaping: All required plantings shall be in place prior to establishment of a use or issuance of a Certificate of Occupancy. • Conditions of Approval Case No. CUP 07-92� Page Five • 5. Maintenance of Landscaping_ All required plant materials shall be maintained in a clean and neat condition. All landscaping shall be cared for, maintained, watered, fertilized, fumigated, pruned and kept in a healthy growing condition. Where a required planting has not survived, it shall be promptly replaced with new plant materials having similar functional characteristics and a size either equivalent to or exceeding the original size. D. PUBLIC WORKS CONDITIONS Off -Site Public Improvements: The applicant shall submit engineering drawings and cost estimates for a;; proposed off - site improvements for review by the City Engineer and cost estimates. Upon approval of the design drawings, the applicant shall deposit a financial security with the City in the amount of 150% of the estimated construction cost prior to the issuance of a building permit. 2. Grading & Drainage Plan: The applicant shall submit a grading and drainage plan with calculations to demonstrate the proposed on -site drainage facilities will handle the peak runoff from a 25-year storm. Surface disposal of drainage over sidewalks or driveways is prohibited. The applicant shall construct on -site inlets and through -curb drainage facilities in accordance with City standards. • 3. Encroachment Permit: An Encroachment Permit issued by Department of Public Works is required for all work within the public right-of-way prior to issuance of a building permit or recordation of a final map. 4. Non -Protest Agreement: The applicant shall enter into a binding agreement with the city to not protest the inclusion in any future improvement assessment district which includes the property that may be formed for the purpose of constructing public improvements benefitting the property. E. FIRE DEPARTMENT 1. Fire Suppression: All provisions for fire suppression shall be in accordance with the Uniform Fire Code of the City of Morro Bay. 2. Address Numbers: Address numbers shall be of contrasting color to the background and shall be readily visible at night. The numbers shall be subject to approval of the Director of Community Development and the Fire Chief. 3. Fire Extinguishers: All fire extinguishers shall be installed in accordance with National Fire Protection Association . Standard #10. . 7. Signaae: The total signing program shall conform to Chapter 17.68. A sign permit is required prior to the issuance of a building permit for occupancy. 8. Public Access: As part of the Precise Plan submitted and prior to issuance of building permit a public access program including signage shall be submitted to the Community Development Director for review and approval based on the recommendation of the Planning Commission as shown on Exhibit 1. 9. Water Equivalencies: a. Prior to issuance of a Building Permit, the Community Development Director shall verify that the necessary water equivalencies have been met for the size of the project and the nature of proposed occupancy. b. If a water equivalency has been allocated to the project by the City of Morro Bay, the applicant shall abide by MBMC Section 13.20 pertaining to Water Equivalencies. Following the issuance of a building permit and just prior to Final Occupancy, applicant shall submit a Title Report to the Building Official, for verification of ownership. . 10. Design Review: Prior to submittal for building permits, the architectural consultant shall prepare architectural elevations of the four sides of the building and submit those elevations to the Community Development Director for review and approval based upon the recommendations of the Planning Commission and incorporating the following elements: the redesign of the roof and articulation of the second floor to preserve and enhance the view corridor. The outside stairway shall be reoriented and the railing eliminated from the end of the second floor front balcony. No fences shall be constructed in the view corridor. 11. Dust Control: That prior to issuance of a grading permit or zone clearance, a method of control to prevent dust and wind blow earth problems shall be submitted to and approved by the Building Official. 12. In Lieu Parking Fees: Prior to the issuance of a building permit, the applicant shall provide an off -site parking agreement for approval by the City or shall pay a fee for the purpose of public parking improvements. Said fee, if feasible and approved by the City, may be incorporated into the Lease Site payments and paid over time. Such monies shall be placed in a special fund to be used for this purpose. Said fees shall be equal to $4000 for each in lieu parking spaces. 0 R • l�i 9 v-� Q 0- 0 �j • n LJ II 6r' x i I • is e :. RESOLUTION NO. 123-92 RESOLUTION RATIFYING THE SUBMITTAL OF AN APPLICATION FOR FEDERAL TRANSIT ADMINISTRATION GRANT FUNDS FOR ONE REPLACEMENT 16-PASSENGER TRANSIT VEHICLE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City fo Morro Bay has conducted a public hearing regarding the submittal of an application for Federal Transit Administration (FTA) Section 18 capital project grant funds for one 16-passenger transit vehicle to replace an existing 1985 transit vehicle; and WHEREAS, the City Council hereby approves the project description as shown on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, it was in the public interest for City to submit said application prior to formal authorization by the City Council to meet the submittal deadline of September 1, 1992 established by the State Department of Transportation (Caltrans) for such applications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to hereby ratify the City Administrator's timely • submittal of an application for FTA Section 18 capital project grant funds to the State Department of Transportation (Caltrans) for one replacement 16-passenger transit vehicle as described in Exhibit A and authorize the City Administrator to sign all grant -related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of October, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None �IZOSE MARIE SHEETZ, Mayo`x ATTEST: ARDITH DAVIS, City Clerk • MCU/LC:TRANSIT92-1:123-92 9, • is EXHIBIT A PROJECT DESCRIPTION One replacement 16-passenger transit vehicle equipped with brake retarder, wheelchair lift, and farebox. Sales Tax Total NET PROJECT TOTAL TOTAL FEDERAL SHARE (80% OF TOTAL) TOTAL LOCAL SHARE (20% MATCH) ESTIMATED TOTAL COST $51,300 $ 3,700 $55,000 55 000 $44,000 $11,000 Local matching funds will be derived from State Transit Assistance, Transportation Development Act, and/or City General Fund monies. If local revenue sources are combined to meet the local matching requirement, specific amounts from each source are unknown at this time. MCU/LC:TRANSIT92-1:EXA RESOLUTION NO. 122-92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MORRO BAY TO AUTHORIZE THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM. THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN SAID PROGRAM T H E C I T Y C O U N C I L City of Morro Bay California WHEREAS, the City of Morro Bay, a political subdivision of the State of California, wishes to apply for and receive an allocation of funds through the HOME Investment Partnership Program (hereinafter referred to as "HOME"); and WHEREAS, the California Department of Housing and Community Development (hereinafter referred to as the "Department") has issued a Notice of Funding Availability for the HOME program and is authorized to approve funding allocations which will be made available directly through the U.S. Department of Housing and Urban Development (HUD) to be used for the purposes set forth in Title II of the Cranston -Gonzalez National Affordable Housing Act of 1990, the implementing regulations set forth in title 24 of the Code of Federal Regulations; part 92, and Title 25 of the California Code of Regulations commencing with section 8200; and WHEREAS, the City of Morro Bay wishes to submit an application to obtain from the Department an allocation of HOME funds; and WHEREAS, a high priority exists in Morro Bay for special needs housing, and there is not a supply of vacant, habitable, public housing units in excess of normal vacancies resulting from turnovers to meet this need; and WHEREAS, this need cannot adequately be met through rehabilitation of the available housing stock. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The City of Morro Bay shall submit to the Department an application to participate in the HOME program which will request a funding allocation for the following activities: a. Construction of 21 low and very low-income rental apartments for special needs groups, as described in the City's 1992 HOME application. • •City Council Resolution No. 122-92 Page Two u • 2. If the application for funding is approved, the City of Morro Bay hereby agrees to use the HOME funds for eligible activities in the manner presented in the application as approved by the Department and in accordance with regulations cited above. It also may execute any and all other instruments necessary or required by the Department or HUD for participation in HOME. 3. The City Council authorizes the City Administrator to execute in the name of the City of Morro Bay the application, the Standard Agreement, and all other documents required by the Department or HUD for participation in the HOME program, and any amendments thereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28TH day of September, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk ROSE MARIE SHEETZ, ayor HOME-1, 5/92 Home Investment Partnerships Pr %mm (HOME) . ,APPLICATION _California Deuartment of Housing and Community Develoumen Division of Community Affairs HOME Program P. O. Box 952054 1800 Third Street, Sacramento California 94252.2054 a16) 327-3645 This application, if approved for funding will be a part of your standard agreement with the department All sections of this application including attachments and exhibits must be complete and accurate. If there are any questions about the application or if you require technical assistance please contact program staff at the above address or phone number. 17Y CF /11a2w 59s I) A. a -'Tef{ 7— /ho 0 � "qIz 200o C. CHIEF EXECUTIVE NAME AND TITLE f,�R63T u (CC S )f1N S 4Y - S.%/'7 -.. Cy?Y , E. TELEPHONE NUMBER (�� 1 7'Z - /Z/v FAX NUMBER Substantial Rehabilitation $ Moderate Rehabilitation $ New Construction $ Acquisition $ Tenant -Based Rental Assistance $ TOTAL $ CITY AND COUNTY OF PROPOSED ACTIVITIES: C/Tv rF /?lqa, g S9N Lo. ,C. r lv Wl L /s o APPLICANT ARplicant is (check one): Citv f 1 County f 1 CHDO 2 Years applicant has been involved in operating housing pro, mg� s: P 4�1'�S 3 If the applicant has any unresolved audit finding, descnbe the findings and provide a description of how the findings have been or will be addressed. Label as "ATTACHMENT-1. AUDIT FINDINGS." ,v/V` 4. If applicant is a CHDO, provide the following; N/C. a. a copy of the Internal Revenue Service and California Franchise Tax Board exemption letters: b. a co2v of the corporation's most current financial statement: c a copy of the corporation's bylaws articles of incorporation, and current certification from the California Secretary of State• d a description of the governing board composition including the names of the board members showing which members represent the lower -income neighborhood and who fulfill the requirements of the 1/3 representation from that neighborhood as defined by 24 CFR section 92.2: and e a plan describing the proeram of tenant participation in management decisions for rental proiects pursuant to 24 CFR section 92.303. Label as "ATTACHMENT 2. CHDO DOCUMENTATION AND FINANCIALS." • 5 a Attach a narrative description of the applicant's experience and administrative_ skitls for implementing housing pro rg ams. b Submit a list of projects or pro rg amsyou have operated or implemented in the last five years that includes the following: (1) (2) (3) (4) (5) (6) Sources Type of Property Dates No of Funds of Funds Program Types Units Expended C. Provide references from funding sources with whom you have worked in the 6 List by contract number, all open contracts with the department for which HOME funds have been awarded. Label as "ATTACHMENT 4. HOME OPEN CONTRACTS." H/ 20 SUBCONTRACTORS If you are retaining the services of a subcontractor (consultant. public _. .t_ _____.. ,,..., nmmnnnent of the .are being_used please attach additional sheets. Subcontractor Name: -f�oP � s gtt f'"f F12s"Z^ [o cP�pa rrsr 1. Address: k I AiLe STn c 'L iv. -c o3 still_ Title - dot ) 0(/- /90/ Attach a summary of each subcontractor's relevant experience in housing activities and qualifications for providing the services for which you will contract as requested to section A above and a copy of a letter of intent or contract executed by the subcontractor. If the 1•, 1t • �; A CENSUS INFORMATION Provide the information requested below as reported in the most / recent U.S. Census: /i'FaCln` Ah 2. Percentage of RENTER households in the lower -income group: 3 Percentage of RENTER households in the lower -income group that are overpaying: 4 Percentage of OWNER households in the lower -income group 5 Percentage of OWNER households in the lower -income group that are overpa)ing: B. HOUSING ELEMENT COMPLIANCE Indicate the status of the local housing element of the General Plan. Pi GCS rllid.l, j r4- Tc,,l ,,, b P'i findings that the housint, element adopted within the time frames required by section 21 2 Procedural compliance: Li ES PA(1. 7 $ /9z E=n up5�a7c.• UPP�4 ��<< � (Procedural comnlian—deans that the local publictity has complied with all en,s ° 4 c n, /993 procedures required by law for the department's review of a draft housing_element, loca , adoption of the element and submission of the adopted element to the departme t.)• c /F..+,.r U«1 fin; S•ir-erri�x + '✓nn L�oPuti a-t��'..,.pfeo-tee. fu.� f• 7///47i )�/v 3 Not in compliance: L sue! Not in compliance means an incomplete housm element has been submitted to the department, the housing element is obsolete or no ho ising element has been submitted to the department.l / 2 STAFFING Provide a list of the staff assigned to implement and operate the HOME j)gram. Include a Job descri tion of the overall duties of each person who will work on the procram and a description of related experience for each staff person listed. It staff has not been hired provide a^job description for each vacant position. Label as "ATTACHMENT 7 STAFFING DESCRIPTION". 3 SCHEDULE - Provide the anticipated quater-by_quarter schedule for the HOME • ro Irani. This should include all administrative and programmatic activities b qug= in which each activity will be in the set-up phase All activities shall be sct up within 24 months from the date the depariment has entered into an ag,reement with HUD u uperate the HOME program This date will be published in the NOFA. Label as "ATTACHMENT 8 QUARTERLY SCHEDULE". 4 REUSE PLAN If you are a state recipient and are proposing, to maintain funds locally. provide a reuse plan in accordance with section 8206(f) which describes at a minimum. how HOME funds and matchinp funds will be reused for HOME -eligible activities how funds wJll be deposited and seg_reeated and how funds will be secured in full compliance with applicable HOME requirements Label as "ATTACHMENT 9 REUSE PLAN", B PROGRAM DESIGN AND PROCESS Provide a detailed plan which describes the following. Label as "ATTACHMENT 10 PROGRAM DESIGN AND PROCESS". 1. For all activities: 22 a Describe how HOME funds will be used in combination with other available public or private funds including the terms and conditions -for which HOME funds will be made available. • b Describe the source of other funds the amounts available status of availabillm expiration dates evidence of funding, and the terms and conditions using the following format: 'This includes match and leverage, Attach letters of intent or support from each funding source proposed for use, c _ Describe how HOME funds will be used to address the community's housing needs Include the number of units to be assisted with HOME funds, by activity. 2 For rehabilitation or rehabilitation with acquisition projects: a Describe your 12ro,gram procedures including at a minimum, selection of particular protects progeny ins2ection procedures work write-up cost estimating, contractor selection preconstruction conference complaint resolution, and rent structures or proposed resale controls, • 6 Describe the proposed length of affordabiljtK 3 For new construction or new construction with acquisition• a Describe 2rocedures employed for marketing, site selection proper zoning and land use designations permit processing and rent structures or proposed resale controls (as applicable); b. Describe the proposed length of affordability. C. In areas which have not been desiLynated by HUD to allow new construction: (i) in a neighborhood revitalization area provide evidence required by 24 CFR section 92.209. ijl in an area which has a special housing need provide evidence that a high riority need for such housing s not a supply of vacant, habitable, �, �� F �;.J� , «,,,•, C� Gri-Ave Lfv-7-S t f -r vacancies resulting from turnovers that could meet the specified need, pursuant to 24 CFR section 92.210. 4, For tenant -based rental assistance: a. Describe the manner in which the tenant -based rental assistance program will be administered including what agency will have responsibilityfor program administration. b. Describe the minimum tenant contribution to be charged, the current rent standard for units of comparable size not assisted with HOME funds and how the assistance will be provided to an owner who leases units to assisted families. Section V. GOVERNING BOARD RESOLUTION Attach the resolution, duly executed by the goveming board of the local jurisdiction, glanting authority to make application to the department for a funding commitment from the HOME proeram. Label as "ATTACHMENT 11. GOVERNING BOARD RESOLUTION" A sample resolution is included in this application package as Exhibit B. Indicate all Legislators who represent any portion of the proposed service area �u �e • .f t e, Staup,�bly,mate District number; 217 tk District number; I District 7g District A4t�- Address: r3 licL&AA Adelress- 29S' NA PA 4p,-, Some A? District number: District number: Name: Name: District District Address: Address: City: City 24 / Members of the U.S. House of representatives Section YIIAPPLICANT CERTIFICATION AND COMMITMENT OF RESPONSIBILM ,\s the official desirt ated by the governing body, I hereby certify that if ayoroved by the devanment �r a HOME funding allocation the fapphcant name -ssumes the responsibilities specified in the HOME regulations and certifies that: (1) it possesses the legal authority to apply for the allocation and to execute the proposed programw U it has resolved any audit findings or performance problems for prior local, state, or federal housing and communi!ydevelopment programs, (3) before committing funds to a project it will evaluate the project in accordance with guidelines that it adapts for this purpose and will not invest any more HOME funds in combination with other federal assistance than is necessary to provide affordable housing; (4) if applicable it will meet all necessary neighborhood revitalization or special needs • requirements of 24 CFR sections 92.209 and 92.210 to allow new construction activities in the area of service; �5) if a CHDO its board composition complies with the requirements for CHDOs a_s contained in the definition contained in 24 CFR section 92.2; (6) it will comply with all statements and regulations governing the HOME program; (7) the information statements and attachments contained in this application are, to the best of my knowledge and belief, true and correct. I authorize the Department of Housing and Communitv Development to contact any or all of the agencies listed in this application All information contained in this application is acknowiedged to he public information. Signature Title �O[/1�S%- yL.�L'P7.'SoN Ci Tf fl �/�NfT2AT�,Ci 25 11 Li ! 2 1. AUDIT FINDINGS Li (_ j 2 CHDO DOCUMENTATION AND FINANCIALS 4. HOME OPEN CONTRACTS 5. SUBCONTRACTOR ouALrFICATIONS AND COMMITMENT j J 6. ADMINISTRATIVE BUDGET �j 7. STAFFING DESCRIPTION �►j 8. QUARTERLY SCHEDULE '� 9. REUSE PLAN 10. PROGRAM DESIGN AND PROCESS 27 City of Morro Bay 1992 HOME Application SECTION II. APPLICANT INFORMATION 5a. Narrative Description of Applicant's Experience and Administrative Skills for Implementing Housing Programs: The City of Morro Bay has been active in Housing Programs since 1986. In the past 6 years Morro Bay has sponsored two major housing rehabilitation programs, and a 40 unit rental new construction project. The City's planning, administrative and fiscal staff, although small, have demonstrated exceptional ability to administer housing programs in a timely manner, meeting or exceeding goals and complying with all state and federal regulations. All housing programs have been closed out, and final audits completed without findings. Morro Bay is now actively seeking to take on new programs to address the community's housing needs. * 1986 - Housing Rehabilitation - Rehabilitation of 35 substandard single family units throughout Morro Bay occupied by low and very low-income households. Activity completed. Grant closed out. * 1987 - HUD 202/8 Elderly/Disabled Housing - New construction of 40 apartments for disabled and elderly residents, all very low-income. Involved administration of Davis - Bacon prevailing wage requirements. Activity completed and grant closed out. Three • year waiting list for units. * 1989 - Housing Rehabilitation - Rehabilitation of 37 substandard single family units throughout Morro Bay occupied by low and very low-income households. Activity completed. Grant closed out. * 1990 - Alternative Affordable Housing Study - Feasibility study of converting older hotel/motel units in Morro Bay to low cost permanent housing, as a means to increase Morro Bay's housing stock when faced with chronic water moratoriums. Avtivity completed. Grant closed out. The City also proposes to utilize Peoples' Self -Help Housing Corporation to assist with HOME grant management and program implementation. This adds a strong technical assistance component to the City's grant managment. PSHHC is a local non-profit organization with 22 years experience developing affordable housing and assisting local jurisdictions with program management (resume and letter of intent attached). c: lscM\cdlcitymb.hme City of Morro Bay • 1992 HOME Application 5b. List of Proiects or Programs Operated or Implemented in Last 5 Years (Include Source of Funds. Dates Program Type, Property Type Number of Units and Funds Expended): 1. Major Housing Rehabilitation Dates: 1986 CDBG award announced (7/86). 1986-98 Project implementation. Current Status: 35 Substandard low-income owner -occupied units rehabilitated. Grant closed out. Source of funds: Small Cities CDBG, PG&E Weatherization Program, City funds, family self-help labor, Dept. of Social Services Special Circumstances grants. Program type: Major Housing Rehabilitation - Program marketing, family loan/grant packaging, unit inspections and work write-ups, construction bidding and contractor selection, construction managment. • Property type: 35 owner occupied scattered sites throughout the City. Single family dwellings. Funds expended: $500,000 CDBG $ 10,000 City $ 5,000 Building Permit Fee Waivers $ 5,000 Self -Help Labor $ 2,500 SSI Grants 2. Ocean View Manor Phase I Dates: 1987 CDBG Award Announced (7/87). 1988-89 Program implementation and rent -up. Current Status: Activity completed and grant closed out. Source of Funds: Small Cities CDBG, Commerce Bank, Calif. Coastal Conservancy Grant, HUD 202/8. c:lscd \cd%ciL3 b.hmt 0 • City of Morro Bay 1992 HOME Application Other Contributions: City priority water allocation. Awarded 100% of all water allocated for multifamily new construction 1986+87. Type program: Rental housing new construction for very low-income seniors and disabled. Site acquisition, installation of off -site improvements, building construction (including Davis -Bacon prevailing wage management), marketing and rent -up. Funds expended: $ 600,000 CDBG $ 2,600,000 HUD 202/8 $ 165,000 Calif Coastal Conservancy $ 300,000 Commerce Bank 3. Major Housing Rehabilitation Dates: 1989 CDBG award announced (12/89). 1989-92 Program implementation. Current Status: Program completed and closed out. • Source of funds: Small Cities CDBG, FmHA Housing Preservation Grant, SSI Grants, Family Self -Help Labor, City fee waivers. Program type: Major housing rehabilitation of low-income existing housing throughout Morro Bay. Goal of preserving exisiting low- income housing stock, particularly given chronic water resource limitations on new construction opportunities. Property types: 33 low-income, substandard single family, owner occupied dwellings scattered throughout Morro Bay Funds expended: $500,000 CDBG $ 50,000 FmHA HPG $ 5,000 Fee Waivers $ 1,000 SSI Grants 4. Alternative Affordable Housing Study Dates: 1990 CDBG award announced 1990-91 Program Implementation 0 c:\.Mkd\citymb.home City of Morro Bay 1992 HOME Application Current Status: Program completed. Grant closed out. Source of funds: CDBG Planning & Technical Assistance Setaside. Program Type: Market and feasibility study of converting older Morro Bay hotels/motels to permanent low-cost housing. Objective was to pursue alternative means of expanding the City's affordable housing supply, given chronic water resource limitations on new construction. Property type: Funds expended Older or under-utilized hotels or motels . $ 24,000 CDBG Planning & Technical Assistance $ 6,000 City funds �J c:\sc Wdkitymb.ha 0 • City of Morro Bay 1992 HOME Application ATTACHMENT 3 APPLICANT REFERENCES 5c. Provide references from funding sources with whom you have worked in the programs noted above. State Department of Housing and Community Development Community Development Block Grant Program Contact: Darlene Kammeyer 1800 3rd Street, Rm 365 Sacramento, CA 95814 Telephone: (916)327-3614 Dept. of Housing and Urban Development (HUD) Region IX Los Angeles Office • Loan Managemet Division Contact: Clairetha Davis xxxxxxxxxxx Los Angeles, CA xxxxx Telephone: xxxxxxxxxxx California Coastal Conservancy xxxxxxx xxxxxxxxxxxxxxx xxxxxxxxxxxxxx 0 c:%woUkcd5cilymb.home City of Morro Bay 1992 HOME Application • AT7ACHMENT4 OPEN HOME CONTRACTS List by contract number all open contracts with the Department for which HOME funds have been awarded. Not applicable. Morro Bay has no open HOME contracts, since this is the first year of the HOME Program. e:\seou\edlcirymb.bome • • City of Morro Bay 1992 HOME Application ATTACHMENT 5 SUBCONTRACTOR QUALIFICATIONS AND COMMITMENT B. Attach a summary of each subcontractor's relevant experience in housing activities and qualifications for providing the services for which you will contract as requested in Section A above and a copy of a letter of intent. The City will utilize Peoples' Self -Help Housing Corporation for assistance with grant management as well as program implementation. Peoples' is currently providing CDBG grant management services to San Luis Obispo and Santa Barbara Counties, as well as the Cities of Arroyo Grande, Morro Bay, San Luis Obispo, Paso Robles and Atascadero. Peoples' Self -Help Housing has constructed or acquired and rehabilitated several hundred affordable rental housing units throughout San Luis Obispo and Santa Barbara Counties. PSHHC is a HUD Certified Property Management Agency, and currently manages HUD, • FmHA, conventional and HCD financed low income units. This Attachment 5 includes Peoples' Self -Help Housing's Corporate resume and brochure, as well as a letter of intent to implement the program and assist the City with HOME grant management. c:\wmkd%citymb.ha City of Morro Bay • 1992 HOME Application ATTACHMENT 6 ADMINISTRATIVE BUDGET Section IV. Local Program Summary A. Program Administration 1. Provide a budget detailing the applicant's costs to operate a HOME program, including a breakdown of staff time. Also identify the source of funding which will pay the administrative costs of the program. The HOME Program will be operated by the City's subcontractor, PSHHC, as specified in Section IIB. Since administrative costs are ineligible under the HOME program, PSHHC will absorb HOME administrative costs as part of its'non-profit mission to promote affordable housing in the community. PSHHC will assist the City with timely review and processing of documents, response to any Special Conditions in the Standard Agreement, Environmental Assessment for the project, preparing and submitting Project Set -Up Reports for the Cash and Managment Information system (C/MI), submitting drawdown requests, preparing all grant reports and final closeout. PSHHC will also assist the City to comply with all HOME federal and state regulations. Due to the straightforward nature of this activity and PSHHC's assistance, City administrative costs are anticipated to be minimal. These costs will be absorbed within the regular budgets of the City's Planning, Accounting and Administrative Departments. c:lsca kd5.itymb.ho e 0 • City of Morro Bay 1992 HOME Application ATTACHMENT 7 STAFFING DESCRIPTION Section IV. Local Program Summary A. Program Administration 2. Provide a list of the staff assigned to implement and operate the HOME program. Include a job description of the overall duties of each person who will work on the program, and a description of the related experience for each staff person listed. The City will utilize Peoples' Self -Help Housing Corporation as subcontractor to implement and operate the HOME Program. Patricia Wickstrom is the PSHHC staff person who will be assigned to implement the program. Overall Duties • Mrs. Wickstrom's responsibilities will include but not be limited to the following areas: 1. Track timely receipt and execution of HOME Standard Agreement. 2. Review Standard Agreement for special conditions and overlay requirements. 3. Prepare and submit the Project Set -Up with HCD. 4. Coordinate the Cash and Management Information system (C/MI) with HCD, HUD and the City. 5. Assist with the HOME environmental checklist. 6. Prepare interim and closeout financial and performance reports for submittal to HCD. 7. Assist with set up and managment of local recordkeeping and HOME compliance documentation. 8. Act as primary liaison with the City and HCD. ATTACHMENT 7, Continued c:\wM\ed\cirymh.ho e City of Morro Bay 1992 HOME Application . STAFFING DESCRIPTION Section IV. Local Program Summary A. Program Administration 2. Staffing, continued: Mrs. Wickstrom has been with Peoples' Self -Help Housing Corporation for 10 years, initially as a Board member and then as staff. Mr. Wickstrom managed PSHHC's Housing Rehabilitation Program from 1985 to 1989. From 1989 to the present she has managed PSHHC's Rental Housing and Community Development Programs. Mrs. Wickstrom has managed complex housing programs and provided grant management assistance to the following local jurisdications: San Luis Obispo County (housing rehabilitation), Grover City (housing rehabilitation), Santa Barbara County (program development), Morro Bay (housing rehabilitation), Arroyo Grande (rental housing acquisition and rehab), Paso Robles (rental housing new construction, and housing rehabilitation), City of San Luis Obispo (Women's Shelter acquisition and rehab), and Atascadero (CDBG Planning and technical assistance for domestic violence shelter). . Mrs. Wickstrom regularly acts as a trainer at state and regional program management workshops. Mrs. Wickstrom will be supervised by Scott Smith, PSHHC's Director of Programs, and by Jeanette Duncan, PSHHC's Executive Director. References: State CDBG Program, Darlene Kammeyer Tel (916)327-3614 Rural Communities Assistance Corporation Bill Haack, Housing Director Tel (916)447-2878 c:%wonlcdlcitymb.home 0 • City of Morro Bay 1992 HOME Application ATTACHMENT 8 QUARTERLY SCHEDULE Section IV. Local Program Summary A. Program Administration 3. Provide the anticipated quarter -by -quarter schedule for the HOME program. Activity uarter NOFA Issued/Application Submitted HCD Announces HOME Awards . HCD and City Enter Into HOME Agreement. City Subcontracts with PSHHC. Project Set -Up with HCD Construction Loan Closed Construction Starts City Requests HOME Funds from HCD' Construction Ends/Final HOME Disbursement Rent -Up and HOME Program Closeout Oct/Nov/Dec 1992 Jan/Feb/Mar 1993 Jan/Feb/Mar 1993 Apr/May/Jun 1993 Jan/Feb/Mar 1994 Oct/Nov/Dec 1994 Jan/Feb/Mar 1995 'City will request quarterly HOME draws to make interim payments on construction loan, thereby reducing construction • interest expense. c:\sca cMcitymb.ha City of Morro Bay 1992 HOME Application • ATTACHMENT 9 REUSE PLAN The City proposes that any repaid HOME funds be maintained locally for re -use on HOME eligible activities. Repaid funds would be deposited into an interesting -bearing account and segregated as a distinct HOME housing fund within the City. HOME funds will be provided to the project in the form of a recoverable grant. The grant will be secured by a regulatory agreement, which will provide that funds are to be repaid in the event of default with rent and occupancy requirements under the HOME Program. c:lscou ed\cirymb.home 0 • City of Morro Bay 1992 HOME Applicz£iceI. ATrACHMEN f I i GOVERNING BOARD RESOLUTION A Resolution by the City Council of the City of Morro Bay authorizing a HOME applickt o,-, the amount of $1,000,000 for the construction of Ocean View Manor Phase II is attached, Is0:lscodkcdkirymb.hme • RESOLUTION NO. 121-92 A RESOLUTION OF THE CITY COUNCIL AWARDING AN ANNUAL MAINTENANCE CONTRACT FOR BAYSHORE BLUFFS PARK TO KEITH GAFNEY LANDSCAPE CO. OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay California WHEREAS, the City is responsible for maintenance of Bayshore Bluffs Park by formation of an assessment district; and, WHEREAS, it has been determined the maintenance of Bayshore Bluffs Park is best completed by use of a contractor due to the Park's size, and limited active use area, and the workload for City parks maintenance workers is currently at capacity; and, WHEREAS, proposals were solicited for maintenance of Bayshore Bluffs Park with three proposals received; and, WHEREAS, Keith Gafney Landscape Co. of Morro Bay, California submitted the lowest proposal at $1,425/month. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the maintenance contract for Bayshore Bluffs Park be awarded to Keith Gafney Landscape Co. in the amount of $1,425/month. PASSED AND ADOPTED this 28th day of September at a regular meeting thereof by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK 0 c/w/admin/rs121-92 .2 �_ A MAYOR 1 . % RESOLUTION NO. 120-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION AND FIXING THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Section 22850.3 provides a contracting agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; and WHEREAS, Government Code Section 22854 (g) defines any Special District as a contacting agency, and WHEREAS, Government code Section 22857 provides that a contracting agency may fix the amount of the employer"Is contribution for employees and the employer's contribution for • retired employees and survivors at different amounts provided that the monthly contribution for retired employees and survivors shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, a Special District is hereby defined as a non- profit, self -governed public agency within the State of California, and comprised solely of public employees performing a governmental rather than proprietary function, and WHEREAS, Morro Bay City Council, hereinafter referred to as Special District is an entity meeting the above definition; and WHEREAS, The Special District desires to obtain for its employees and annuitants the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; now therefore, be it WHEREAS, The Special District desires to obtain for the members of the Morro Bay City Council who are annuitants of the agency, the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and regulations; now, therefore, be it RESOLVED, That the Special District elect, and it does • hereby elect, to be subject to the provisions of the Act; and be it further J • RESOLVED, That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of $16.00 per month; and be it further RESOLVED, That the employer's for each retired employee or survivor shall be the amount necessary to pay the cost of his enrollment, including the enrollment of his family members, in a health benefits plan up to a maximum of $1.00 per month; and be it further RESOLVED That the employer's contribution for each retired employee or survivor shall be increased annually by 5 percent of the monthly contribution for employees, until such time as the contributions are equal; And that the contributions for active and retired employees and survivors shall be in addition to those amounts contributed by the Special District for administrative fees and to the Contingency Reserve Fund; and be it further BE IT FURTHER RESOLVED, that the executive body appoint and direct and does hereby appoint and direct, City Administrator to file with the Board of Administration of the Public Employees' • Retirement System a verified copy of this Resolution, and to perform on behalf of said Special District all functions required of it under the Act and Regulations of the Board of Administration; and BE IT FURTHER RESOLVED, that coverage under the Act be retroactive to 1 September 1992. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 28th day of September, 1992, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuri NOES: None ABSENT: None ATTEST: Ardith Davis, City Clerk RESOLUTION NO. 119-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY MODIFYING THE 1992-1993 MASTER FEE SCHEDULE PROVIDING A WAIVER OF TEMPORARY PERMITS FOR CERTAIN CHARITABLE AND/OR EDUCATIONAL NON-PROFIT ORGANIZATIONS WHEREAS, the City Council desires to assist certain non-profit organizations by reducing some of the City fees charged for minor services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following temporary permit fees are waived for all charitable and/or educational organizations with verified non-profit status under Internal Revenue Code 501 (c) 3.: Temporary Outdoor Events (i.e. rummage sales, bake sales, Christmas Tree lots) PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of September, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, city a RESOLUTION NO. 118-92 RESOLUTION SUPPORTING THE PASSENGER RAIL AND CLEAN AIR BOND ACT OF 1992 (PROPOSITION 156) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Legislature enacted legislation in 1989 to place three $1 billion rail transportation bond measures on the ballots for elections to be held in 1990, 1992, and 1994 as part of the $18.5 billion Transportation Blueprint for the Twenty -First Century; and WHEREAS, the Rail Passenger and Clean Air Bond Act of 1990 (Proposition 108) was the first of said bond measures and was approved by California voters on June 5, 1990; and WHEREAS, the Passenger Rail and Clean Air Bond Act of 1992 (Proposition 156) is the second of said bond measures and has been placed on the ballot for the election to be held on November 3, 1992; and •WHEREAS, said rail transportation bond measures are essential to meeting California's transportation requirements now and in the future; and WHEREAS, in the event voters do not approve Proposition 156 in the election to be held on November 3, 1992, funding for California's transportation requirements would be significantly reduced, thereby jeopardizing essential transportation projects state-wide and resulting in the re -programming and/or delay in necessary highway and rail transportation programs as well as the loss of thousands of jobs; and WHEREAS, in the event voters do not approve Proposition 156 in said election, the San Luis Obispo Region's County Minimum transportation funding from the State of California would be reduced $15.5 million, thereby jeopardizing this region's State Transportation Improvement Program (STIP) projects now and in the future. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to support the Passenger Rail and Clean Air Bond Act of 1992 and encourage voters to approve said proposition in the election to be held on November 3, 1992. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay to direct the City Clerk to send a copy of this resolution to the • San Luis Obispo Council of Governments, the Governor, and the City's representatives in the California Legislature as well as to the Planning and Conservation League. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of September, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: ARDITH DAVIS, City Clerk dr:upton2:propl56 • OSE`MARIE SNEETZ, May iRESOLUTION NO. 117-92 RECOGNIZING AND COMMENDING MORRO BAY COMMERCIAL FISHERMEN FOR THEIR EFFORTS IN THE AVILA BEACH OIL SPILL CLEAN UP T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, commercial fishermen in California have organized a Fishermen's Oil Spill Response Training (FORT) program with extensive preparation for an oil spill in the interest of protecting the ocean environment, and; WHEREAS, the FORT program was a primary resource for clean up efforts at the recent Avila Beach oil spill, and; WHEREAS, a number of Morro Bay Commercial Fishermen have completed the FORT training program and participated in the FORT efforts at Avila Beach. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay hereby commends the commercial •fishing industry in California for the FORT program and commends the efforts of those Morro Bay fishermen who assisted in the Avila Beach oil spill clean up. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of September, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHEETZ, MAYOR i AR ITH DAVIS, CITY CLERK RESOLUTION NO. 114-92 RESOLUTION TO SUMMARILY ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY "MARENGO DRIVE" T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a portion of the right-of-way of "Marengo Drive" is presently undeveloped as a public street and has been impassable for vehicular travel for a period of more than five consecutive years; and WHEREAS, no public money has been expended for maintenance of said portion of right-of-way during this period; and WHEREAS, the Circulation Element of the General Plan of the City of Morro Bay does not indicate any proposed future use of need for this portion of right-of-way, and it is therefore excess to the City's future street or highway needs. NOW, THEREFORE, BE IT RESOLVED, in accordance with Section 8331 and 8334 of the State of California Streets and Highway Code, the •City of Morro Bay hereby summarily vacates a portion of the public right-of-way of "Marengo Drive" as shown on the attached Exhibit "A". BE IT FURTHER RESOLVED, that from and after the date this Resolution is recorded said portion of the public right-of-way shall no longer constitute a street or highway excepting therefrom public utility easement rights necessary to maintain, operate, replace, remove or renew the public utility facilities. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of September, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None �( / OSE MARIE S TZ, Mayoly ATTEST: ARDITH DAVIS, City Clerk 0 a 171 O O C 4 C rn O M1 A N y ��✓ �\ � 0 3 2 p N �a oy Lq b y h nNN O .N QQ•by oo "o re �.-� o r• N d ry N ' b' ry1 �j�.y 2 ry .'�dq ➢r� b P / A y of x o ... ,, •,,IQOaadl H h ? .gbyb BrO h A0 v�i 2 ib h ryhh ' ➢oa, by A e b�' \ P � O b` O dD ¢ e lAi O Ab 3.O➢ o Oi a OY�O aN d !j ep 9C➢O! tl bg M b p O. h N bti m b ^P b � n a➢'➢6 hN yD�aO N � �\ ��0 h W �i m° b b A2o QN �-•d ` O W (� f669 h�bp Paj ... o-.UU O N ,Q Z Cy M y n la za v O d o m J h Jqp' u s 0 ..N oa l J DN C6bp'Fb l,.%'q C¢ D ry ry h Q p N yrb �"yl6H� ~ 68.17" ._I,• as.00' _ ! S 6E Q 4.00 3.14' .J /o 'AREA of SUMMARY ABANDONMENT EXHIBIT "A" 11 LEGAL DESCRIPTION Commencing at the southwesterly corner of Lot 2, Block 11, Morro Bay Vista No. 1, as shown on the map recorded at page 57 of book 3 of maps in the San Luis Obispo County Recorders Office, State of California; thence S62o38'28"E 45.00 feet to the true point of beginning: thence S27o21'32"W 4.00 feet, thence N62o3812811W 113.17 feet, thence N27o21'32"E 4.00 feet thence S62o38128"E 113.17 feet to the true point of beginning. n U • RESOLUTION NO. 113-92 RESOLUTION SUPPORTING H.R. 5754 WITH REFERENCE TO WATER RECLAMATION PROVISIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council has identified water reclamation as a long-term supplemental water supply option for the citizens of Morro Bay; and WHEREAS, by the adoption of Resolution No. 71-92 on June 8, 1992, the City Council strongly supported passage of H.R. 3821 sponsored by Congressman Packard; and WHEREAS, H.R. 3821 has since been incorporated into an encompassing bill referenced to as H.R. 5754; and WHEREAS, it is in the best interests of the citizens of Morro Bay and adjacent areas that water reclamation be available as a viable water supply alternative; and •WHEREAS, H.R. 5754 provides an avenue through which water reclamation may be pursued. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay that support for the passage of H.R. 5754 is hereby expressed; and BE IT FURTHER RESOLVED that the Mayor be authorized to communicate this support to appropriate legislative representatives. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of September 28, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: ROSE MARIE SH£ETZ, May, ATTEST: • ARTWTH DAVIS, City Clerk RESOLUTION NO. 112-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING THE COUNTY TO NEGOTIATE A NEW AMBULANCE AGREEMENT BETWEEN THE CITIES AND THE COUNTY AND DESIGNATING THE CITY MANAGERS/FIRE CHIEFS COMMITTEE ON AMBULANCE AS THE BARGAINING GROUP FOR THE CITIES. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Cities and the County entered into a contract for the regulation of ambulance services countywide in 1976; and WHEREAS, the Cities in February, 1989, expressed a strong interest to the County in seeing those contracts modified to provide for local input, improved levels of service and performance standards; and WHEREAS, the Cities and County staff entered into discussions on this issue with no resolution to the identified problems; and •WHEREAS, the seven Cities have all voided the 1976 ambulance services contract between the Cities and the County; and WHEREAS, the Cities desire a system -wide approach to providing emergency medical services; and WHEREAS, numerous problems have been identified by the Cities, Grand Jury and professional consultants paid for by the County and ambulance providers; and WHEREAS, the Health and Safety Code Section 1797.204 defines an emergency medical system as an organized pattern of readiness of response services based on public and private agreements; and WHEREAS, the Health and Safety Code Section 1797.252 states, "The local EMS Agency (County) shall, consistent with such plan, coordinate and facilitate arran eg ments necessary to develop the Emergency Medical Service system"; and WHEREAS, the Cities desire to see a Joint Powers Agency, or some other appropriate mechanism established to involve Cities in oversight, direction and modification of ambulance services countywide; and WHEREAS, the Cities desire to participate in the decision -making process, as it pertains to the providing of pre -hospital medical care, to their residents. NOW, THEREFORE BE IT RESOLVED that the City of Morro Bay request the San Luis Obispo County Board of Supervisors to assign and direct County staff to negotiate in good faith with the r , t E 0 Cities in an attempt to resolve the long-standing problems which exist with the delivery of pre -hospital medical care countywide. BE IT FURTHER RESOLVED that the City of Morro Bay is committed, through the joint efforts of the City Managers/Fire Chiefs committee on ambulance services, to resolve problems associated with the provision of ambulance services within the Cities and County. PASSED AND ADOPTED by the City of Morro Bay City Council at a regular meeting thereof held on the 14th day of September, 1992 on the following vote: AYES: Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: Baker ATTEST: City Clerk ROSE MARIE S EETZ, Mayor E RESOLUTION NO. 111-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING PUBLIC AREA USE PERMIT NO. 666 FOR THE 1992 HARBOR FESTIVAL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City has worked extensively with Harbor Festival, Inc. and its predecessors for the past ten (10) years in hosting the Harbor Festival; and, WHEREAS, Harbor Festival, Inc. has proposed holding the 1992 Harbor Festival at the South T-Pier, Front Street Parking Lots and Embarcadero Road in this vicinity; and, WHEREAS, the City staff has reviewed this permit and recommends twenty-one (21) conditions of approval as attached and marked Exhibit "A": NOW, THEREFORE, BE IT RESOLVED by the City Council that the Director of Recreation and Parks is authorized to issue Public Area • Use Permit No. 666 for the 1992 Harbor Festival with conditions of approval as attached marked Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 14th day of September, 1992 by the following roll call vote: AYES: Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: Baker Rlb i 3E 1 IE SHVRTZ MAYOR PAY lb94-11 IF ARDITH DAVIS CITY CLERK 0 c/w/co=issn/rs111-92 r] EXHIBIT "All RECOMMENDED SITE CONDITIONS - PAUP NO. 666 City staff has reviewed the proposal for the festival site and met with Festival representatives. The following conditions have been recommended for the approval of the Public Area Use Permit No. 666. 1. Clear access to the Harbor Maintenance Yard shall be maintained at all times. 2. Pedestrian and loading access for owners and crews of boats occupying slips in the affected areas shall be provided. 3. A free shuttle to Morro Rock through the Festival site shall be provided to the public. Any vendor, emergency vehicle, City vehicle or individual requiring to travel on Embarcadero Road during the Festival shall be allowed to do so under permit of Harbor Festival Inc. The shuttle shall include service to downtown area satellite parking areas as in prior years. 4. Embarcadero Road shall be closed to through traffic from 7:30 a.m. to 6.00 P.M. Embarcadero Road shall be open to all vehicles during all other times. 5. A barrier acceptable to City shall be placed at the top of the revetment between the Great American Fish Co. and the South T- Pier. 6. Adequate trash receptacles and recycling bins shall be made available and emptied in a timely manner with continuous litter patrol. A large construction -type trash dumpster shall be required. 7. Posting of the Festival site for no parking shall occur at least forty-eight (48) hours in advance by Harbor Festival, Inc. (HFI). HFI shall pick up barricades and no parking signs at Public Works/Corporate yard on October 1, 1992. S. Pre -event and post -event inspection of the area by City Public Works Department is required. Requests by HFI to borrow City - owned traffic control signs shall be made by September 21, 1992. 9. Directions to off -site parking areas shall be conspicuously posted. The detour from the Embarcadero at Beach Street shall be placed at market Avenue and Beach Street. Permits to travel the Embarcadero shall be placed at this location. 10. Traffic control plans shall be approved by the Police Department prior to the event. • EXHIBIT "A" PAGE 2 11. At least sixteen (16) portable toilets shall be provided at the site. 12. Set-up of the event site shall not begin until 1:00 p.m. on October 1, 1992 in Front Street parking area and 10:00 a.m, on October 2, 1992 in the South T-Pier area. Set-up is defined as denying the public parking access to these areas. 13. Take down of the event site so it is functional shall be completed by 1:00 p.m. on October 6, 1992. Total site clean-up shall be completed by October 12, 1992 at 5:00 p.m. 14. The Fire Chief shall approve emergency vehicle access into the site from Embarcadero Road. All traffic/pedestrian lanes in the festival site shall be at least fifteen (15) feet wide. 15. The parking lane (lane 2) on Embarcadero Road shall be used as a loading zone for to minute durations only. Travel lanes (lane 1) shall remain open in both directions at all times. 16. Insurance policy endorsements naming the City as additional • insured pursuant to the City-HFI Agreement dated 25 July, 1991 shall be approved by City Risk Manager prior to issuance of Permit No. 666. 17. Fencing of all parking lots bordering Embarcadero Road shall be required and crossing guards are necessary to protect pedestrians from permitted vehicles traveling within the Festival area. 18. A medical aid station shall be staffed during the entire event to the satisfaction of the Fire Chief at no cost to the City. 19. An evaluation of the Festival site shall be submitted to the City in HFI's Annual Report required by the City - HFI Agreement dated 25, July 1990. HFI shall survey adjacent business' as part of this evaluation. 20. Food distributors shall use recyclable paper products for food. c/u/comnissn/exibit-A r1 u • RESOLUTION NO. 110-92 RESOLUTION APPROVING A CONTINUATION OF MONTH -TO -MONTH EXTENSION OF INTERIM NON-EXCLUSIVE CURBSIDE RECYCLING FRANCHISE AGREEMENT WITH MORRO BAY GARBAGE SERVICE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay, hereinafter referred to as "City", entered into an interim non-exclusive franchise agreement with Morro Bay Garbage Service, hereinafter referred to as "Contractor", for Contractor to continue to provide curbside recycling services within City for the period January 1, 1992 through June 30, 1992 or upon completion of a Request for Proposals (RFP) process and related contract award for such services, whichever occurs first; and WHEREAS, it was not possible for City to complete said RFP process and related contract award prior to June 30, 1992 as planned and the City Council adopted on June 22, 1992 Resolution No. 72-92 approving a month -to -month extension of the Interim Non -Exclusive Curbside Recycling Franchise Agreement with Contractor for a period not to exceed three additional months for the period July 1 through September 30, 1992 to enable Contractor to continue to provide •curbside recycling services pending the completion of said RFP process and related contract award; and WHEREAS, said RFP package was made available to prospective contractors on August 18, 1992 with a proposal submittal deadline of September 8, 1992 and consideration of contract award scheduled for the City Council meeting of September 28, 1992; and WHEREAS, three of the four vendors attending the pre -proposal conference on August 24, 1992 requested a two -week extension of the proposal submittal deadline, necessitating rescheduling City Council consideration of contract award to the City Council meeting of October 12, 1992; and WHEREAS, said month -to -month extension of said Interim Agreement expires September 30, 1992; and WHEREAS, it is in the public interest to continue said curbside recycling services on a month -to -month basis commencing October 1, 1992 and terminating upon the effective date of a new long-term Curbside Recycling Franchise Agreement resulting from said RFP process; and WHEREAS, said Interim Agreement provides that City may extend the term of the Agreement; and •WHEREAS, Contractor has the management and technical personnel and other assets necessary to continue to provide said curbside recycling services; and 0 RESOLUTION NO. 110-92 PAGE 2 WHEREAS, City desires to retain Contractor to continue to provide said curbside recycling services; and WHEREAS, Contractor desires to continue to provide said services to City during the term of the extension of said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The Extension Agreement dated June 22, 1992 extending the Interim Non -Exclusive Curbside Recycling Franchise Agreement between City and Contractor dated December 9, 1991 on a month - to -month basis commencing July 1, 1992 and terminating September 30, 1992 is hereby continued commencing October 1, 1992 and terminating upon the effective date of a new long-term Curbside Recycling Franchise Agreement resulting from said RFP process as set forth in the Continuation of Extension Agreement attached hereto and incorporated herein by reference. 2. The City Administrator is hereby authorized to sign said Continuation of Extension 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 September, 1992 • by the following vote: AYES: Luna, Wuriu, Sheetz NOES: None ABSENT: Baker ABSTAIN: Mullen ATTEST • ARDITH DAVIS, City Clerk MCUJLC:HD:110-92 0 • CONTINUATION OF EXTENSION AGREEMENT CURBSIDE RECYCLING SERVICES This Agreement is entered into on the 14th day of September, 1992 by and between the City of Morro Bay, a municipal corporation hereinafter referred to as "City", and Morro Bay Garbage Service, Inc., a California Corporation hereinafter referred to as "Contractor", for Contractor to continue to provide curbside recycling services within the incorporated limits of City, including collection, transport, removal, storage, and processing. W I T N E S S E T H WHEREAS, City and Contractor entered into an Interim Non - Exclusive Curbside Recycling Franchise Agreement, hereinafter referred to as "Interim Agreement", for Contractor to continue to provide curbside recycling services within City for the period January 1, 1992 through June 30, 1992 or upon completion of a Request for Proposals (RFP) process and related contract award for such services through December 31, 1996, whichever occurs first; and WHEREAS, it was not possible for City to complete said RFP process and related contract award prior to June 30, 1992 as planned and the City Council adopted on June 22, 1992 Resolution No. 72-92 approving a month -to -month extension of the Interim Non -Exclusive •Curbside Recycling Franchise Agreement with Contractor for a period not to exceed three additional months commencing July 1, 1992 and terminating September 30, 1992 to enable Contractor to continue to provide curbside recycling services pending the completion of said RFP process and related contract award; and WHEREAS, said RFP package was made available to prospective contractors on August 18, 1992 and a majority of interested vendors requested on August 24, 1992 an extension of the proposal submittal deadline from September 8, 1992 to on or about September 18, 1992, necessitating a continuation of the aforesaid Extension Agreement; and WHEREAS, City and Contractor desire to continue to extend said Interim Agreement for said services as allowed pursuant to Section 2 of said Interim Agreement. NOW, THEREFORE, the parties agree as follows: 1. Term of Agreement: Section 1 of that certain Extension Agreement dated June 22, 1992 amending Section 2 of that certain Interim Agreement between City and Contractor dated December 9, 1991 to extend the term of said Interim Agreement on a month -to - month basis for a period not to exceed three (3) additional months commencing July 1, 1992 and terminating September 30, 1992 or upon completion of a RFP process and related contract award to operate a City-wide curbside recycling program through December 31, 1996, whichever occurs first, is hereby amended to continue said Extension Agreement on a month -to -month basis CONTINUATION OF EXTENSION AGREEMENT PAGE 2 commencing October 1, 1992 and terminating upon the effective date of said new contract resulting from said RFP process. 2. Other Terms and Conditions: All other terms and conditions as set forth in said Extension Agreement shall continue in effect during this continuation of said Extension Agreement as set forth in Section 1 hereinabove, except as otherwise provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on this 14th day of September, 1992. • ATTEST /� ARD DAVIS, City Clerk MCU/LC:HD:X 0 MORRO BAY GARBAGE SERVICE CHARLES CATTANEO, President CITY OF MORRO BAY FORREST HENDERSON, City Administrator 0 • RESOLUTION NO. 109-92 RESOLUTION AWARDING REQUEST FOR PROPOSALS NO. PW92-253 TO REHABILITATE ONE 14-PASSENGER TRANSIT VEHICLE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay received a Federal Urban Mass Transportation Administration (UMTA) Section 18 Grant to rehabilitate one 14-passenger, lift -equipped 1985 Dodge Wide -One transit vehicle (B-08) for a net project cost of $20,000 (80% Federal Share - $16,000/20% Local Match - $4,000); and WHEREAS, proposals were solicited from transit vehicle rehabilitation vendors pursuant to Chapter 3.08 of the Morro Bay Municipal Code; and WHEREAS, one response was received by the proposal submittal deadline of 12:00 Noon, September 8, 1992; and WHEREAS, said proposal has been reviewed and Wide -One Corporation of Anaheim, California has been determined to be the most responsible and responsive proposer for an amount not to exceed $15,620; and WHEREAS, there are sufficient funds for the local match available in the FY 1991/92 Transit Budget to carry-over for this purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award RFP No. PW92-253 to rehabilitate one 14- passenger, lift -equipped 1985 Dodge Wide -One transit vehicle (B-08) to Wide -One Corporation of Anaheim, California for an amount not to exceed $15,620. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of September, 1992 by the following vote: AYES: Luna, Mullen, Wuriu, Sheetz NOES: None MCU/LC:TRANSIT92-1:109-92 f. t • RESOLUTION NO.108-92 RESOLUTION OF COMMENDATION TO GARY A. NAPPER FOR HIS SERVICES AS MORRO BAY CITY ADMINISTRATOR THE CITY COUNCIL City of Morro Bay, California WHEREAS, Gary A. Napper commenced his employment with the City of Morro Bay on 04 April 1981 as Administrative Assistant and, subsequently, Assistant to City Administrator; and WHEREAS, during his tenure as Administrative Assistant and Assistant City Administrator, Mr. Napper proved himself adept in personnel management; labor relations; harbor lease management; and risk management; and WHEREAS, Mr. Napper was appointed City Administrator by the Morro Bay City Council on 21 April 1984; and 40 WHEREAS, Mr. Napper has submitted his resignation as City Administrator of the City of Morro Bay effective 14 September 1992 in order to advance his career by accepting a position as City Manager with the City of Ceres; and WHEREAS, for the last eight years Mr. Napper has been responsible for management of a full -service city of 9,800 population which includes an $8 million budget, eight -member department head team, and nine citizens advisory committees; and WHEREAS, Mr. Napper has skillfully and delicately operated said City under the direction of at least five separate city councils; and WHEREAS, the City has realized many community achievements during Mr. Napper's administration of Morro Bay including, but not limited to, construction of a new Community/Senior Center and Library; building a temporary, emergency desalination plant; rebuilding of the North and South T-Pier; completion of Centennial Park; resumption of building in Morro Bay after a lengthy drought; replacement of water pipelines and paving of streets throughout the City; purchase of a fire ladder truck; low- income affordable housing projects; securing grants and low-income loans for various City projects; Del Mar Park improvements; Tidelands Park boat launch ramp; traffic light at Main Street and Quintana Road; completion of new wastewater treatment plant; and E City Council Resolution No. 108-92 • Page Two WHEREAS, Mr. Napper is to be commended for his persuasive ability to negotiate reasonable solutions with divisive factions; his astuteness in financial matters resulting in a City that remains solvent despite the growing economic crisis; his communication skills in dealing with Federal, State and local government officials; his unquestionable loyalty to city management ethics; and his devotion to the citizens of Morro Bay evidenced by the numerous infrastructure improvements designed for their health and safety. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay extends its considerable gratitude to Gary A. Napper for his professional and talented stewardship of the City of Morro Bay during the City's most difficult and trying years; and BE IT FURTHER RESOLVED that the citizens of Morro Bay commend the judgment of the City of Ceres in its selection of a most capable and exceptionally talented City Manager; and BE IT FURTHER RESOLVED that it is with regret and a sense of loss that the City . and citizens of Morro Bay say goodbye to Gary, with warm wishes for a distinguished and prosperous future for him and his family in the City of Ceres. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of September, 1992, by the following vote to wit: AYES: Luna, Mullen, NOES: None ABSENT: Baker ATTEST: Wuriu, Sheetz ARDITH DAVIS, City Clerk 9 . RESOLUTION NO. 107-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPOINTING FORREST W. HENDERSON CITY ADMINISTRATOR FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of appointing a city administrator under the Council -Administrator form of local government to fulfill the duties as cited in Title 2 of the Municipal Code; and WHEREAS, the City Council has determined that Forrest W. Henderson possesses those skills and abilities necessary to be an effective administrator, and has demonstrated such capacity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby appoint Mr. Forrest W. Henderson as City Administrator for the City of Morro Bay, California, • commencing 5:00 p.m., 14 September 1992; and BE IT FURTHR RESOLVED that Mayor Rose Marie Sheetz is hereby authorized to execute the attached and incorporated herein employment agreement with Mr. Henderson. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24th day of August 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None SE IE SHE Mayor ATTEST: Z�1/46an-" ARDITH DAVIS, City Clerk 0 • AGREEMENT BETWEEN THE CITY OF MORRO BAY AND FORREST W. HENDERSON FOR SERVICES AS CITY ADMINISTRATOR WHEREAS, by Resolution No. 107-92 of the Morro Bay City Council Forrest W. Henderson was appointed as City Administrator of the City of Morro Bay commencing 14 September 1992 for a period of one (1) year; and WHEREAS, it is the desire and intention of Forrest W. Henderson to accept such employment and serve as City Administrator of the City of Morro Bay. NOW, THEREFORE, both parties agree as follows: 1. The City Council of Morro Bay agrees to employ Forrest W. Henderson as City Administrator of said City to perform the functions and duties specified in Chapters 2.12 and 2.16 of Title 2 of the Municipal Code of the City of Morro Bay, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2. Forrest W. Henderson shall accrue, and have credited to his personal account, City -paid employee benefits at the same rate as executive employees of the City of Morro Bay. Paid administrative leave shall be available in the amount of seven • days per fiscal year. 3. City agrees to provide and pay for comprehensive medical, dental, and long-term disability insurance coverages for identical to what is provided executive employees. 4. Forrest W. Henderson will be covered by existing and future modification of the City's retirement system. - 5. The City of Morro Bay agrees to compensate Forrest W. Henderson for his services as City Administrator a base salary of $62,050, commencing 14 September 1992, payable in installments at the same time as other City employees. The City agrees to annually adjust said base salary each July, beginning July 1993, consistent with the same rate granted other executive employee salary ranges. Performance evaluation and salary merit increases shall be reviewed on an annual basis hereafter. 6. The City Council recognizes that Forrest W. Henderson as City Administrator must devote considerable time outside of normal office hours to business of the City of Morro Bay, and to that end Forrest W. Henderson shall be allowed appropriate compensatory time off during normal office hours. 7. The City of Morro Bay agrees to pay Forrest W. • Henderson the additional sum of $250 per month as an automobile allowance. Forrest W. Henderson agrees to procure an automobile for City business use and to maintain adequate Liability insurance for his automobile and agrees to name the City of Morro Bay as an additional insured under such policy. Forrest W. Henderson shall keep and hold the City of Morro Bay free from all liability, expense, and claims for damage by reason of his use of said automobile on City business. 8. The City Council of the City of Morro Bay agrees to, provide at least ninety (90) days written notice to the City Administrator in the event of termination, and agrees to pay Forrest W. Henderson the agreed salary and benefits during such ninety (90) day notice period. 9. The term of this Agreement shall begin 14 September 1992 and continue for (1) year, unless terminated earlier pursuant to the provisions of this agreement. 10. In the event Forrest W. Henderson voluntarily resigns as City Administrator with the City of Morro Bay before expiration of this agreement, Forrest W. Henderson shall give the City of Morro Bay ninety (90) days written notice in advance. 11. At least ninety (90) days prior to the expiration of the term of this Agreement, the City Council hereby agrees to notify Forrest W. Henderson in writing of its intent to renew or not renew the contractual relationship and employment capacity herein proscribed. IN WITNESS WHEREOF, the City this Agreement to be signed and • Mayor and duly attested by its Henderson has signed and executed August 1992. ATTEST: � WA �- 4 -a- �:: - � ARDITH DAVIS, City Clerk APPROVED AS TO FORM: • Council of Morro Bay has caused executed in its behalf by its City Clerk, and Forrest W. this Agreement this 24th day of CITY OF MORRO BAY FORREST W. HENDERSON City Administrator f . , • RESOLUTION NO. 106-92 SSIGNMENT AND ASSUMPTION OF LEASE SITE 62/62W FROM QASI, INC. TO GEORGE VALENZUELA PENDING PAYMENT OF PAST DUE RENT AND RECEIPT AND APPROVAL OF ASSIGNMENT DOCUMENTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 62/62W, and; WHEREAS, QASI, Inc. is the current lessee of said Lease Site and QASI Inc. has requested approval of assignment of the lease agreement for Lease Site 62/62W to George Valenzuela, and; WHEREAS, QASI, Inc. currently owes the City past due rent, penalties and interest in the amount of $5515.95 and has agreed to pay said amount in full upon close of escrow for sale of the Lease Site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that consent and approval is hereby given for assignment of the lease for Lease Site 62/62W to George Valenzuela subject to the payment of $5515.95 no later than October 30, 1992, and subject to •execution of assignment documents and approval of the documents by the City Attorney BE IT FURTHER RESOLVED, that failure to submit payment in full as detailed above by October 30, 1992 shall nullify and void this Resolution in which case the City shall take all legal action to pursue collection of past due rents from the current lessee including action for termination of the lease agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of August, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None • ORIGINAL ASSIGNMENT AND -ASSUMPTION OF LEASES THIS AGREEMENT is made this 24th day of August, by and between The Hamer Group, Assignee for the Benefit of Creditors of QASI, a California Corporation (hereinafter referred to as "Assignor") and George Valenzuela (hereinafter referred to as "Assignee'). RECITALS WHEREAS, the City of Morro Bay Is the lessor of certain real property on the Morro Bay waterfront, described as Lease Site Nos. 62 and 62W and WHEREAS, Assignor is the Lessee of the above -described Lease Sites pursuant to Leases executed and assigned by and between Assignor and the City of Morro Bay; a true and correct copy of said Lease is attached hereto and Incorporated by reference as Exhibit "A"; and, p WHEREAS, Assignor now desires to assign the Leases to Assignee, and Assignee desires to accept the assignment thereof; and WHEREAS, the City Council of the City of Morro Bay, as Lessor, approved said . assignment on _ LgTust 24 1992 pursuant to Resolution Number 106-92 , a true and correct copy of which is attached hereto an incorporate y reference as Exhibit "B"; and, WHEREAS, Assignee has agreed to accept said Assignment. NOW THEREFORE, Assignor and Assignee hereby agree as follows: Per value received, receipt of which is hereby acknowledged, Assignor hereby assigns and transfers to Assignee all of his right, title, and interest In and to the Leases hereinbefore described, and Assignee hereby agrees to and does accept the Assignment, and Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, covenants, and conditions, and obligations, required to be kept, performed, and fulfilled by Assignor as Lessee thereunder. This Agreement shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors In interest, and assigns. L % r ... ORIGINAL)-, 49 This Assignment is expressly conditioned upon the approval by Lessor as evidenced by City Council Resolution Number 106-92 Executed at Morro Bay, California on the day and year first above written. Signature: of Creditors of QASI. Mailing: 11500 W. Olympic Blvd., Suite 605, Los Angeles, CA 90064 Assignee S iling: W.R. Hearst St--- Beach, Old highway One, San Simeon, CA 93452 • ]PIE: O O LUT = ON NO _ 1 O 5— 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPOINTING JON G. CRAWFORD AS CITY ENGINEER T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by reason of City Council policy re -affirmed by action on 12 May 1992, the City of Morro Bay combines its professional engineering services with the executive employee position of Public Works Director; and WHEREAS, following the resignation of employment of G.H. Nichols, III, as Public Works Director/City Engineer in March 1992, the City advertised for a new Director/professional engineer and contracted with North Coast Engineering for engineering services in the interim period; and WHEREAS, following the recruitment and selection process, Jon G. Crawford has been hired to serve as the new Public Works Director/City • Engineer for the City of Morro Bay effective 31 August 1992; and WHEREAS, Morro Bay Municipal Code Section 2.12.090 specifies the City Council retains the authority to appoint the City Engineer; and WHEREAS, Jon G. Crawford possesses the civil engineering education and experience necessary to qualify as a City Engineer for Morro Bay, including registration with the State of California as a professional engineer (No. C32935). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Jon G. Crawford is hereby appointed as the City Engineer for the City of Morro Bay effective 31 August 1992. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 24th day of August, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None OSE MA IE SHEE Mayor ATTEST: ARDITH DAVIS, City Clerk • RESOLUTION NO. 104-92 RESOLUTION AMENDING THE ADOPTED RULES AND REGULATIONS FOR USE OF PIERS, DOCKS AND MOORING AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has provided certain piers, docks, and mooring areas for the accommodation of vessels in Morro Bay Harbor; and WHEREAS, the City of Morro Bay Municipal Code, Section 15.28.010 and 15.32.010 provide that the City Council shall, by resolution, establish rules and regulations for the mooring of vessels at and use of said piers, docks and offshore mooring areas; and WHEREAS, the City desires to simplify and consolidate existing harbor rules and regulations by rescinding previous resolutions and incorporating their content into one document; and WHEREAS, it is in the public interest to amend such rules and regulations. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of •Morro Bay that the Attached "Exhibit All, incorporated in this resolution by reference, entitled "City of Morro Bay - Harbor Department Rules and Regulations" be approved and adopted to constitute the rules and regulations for the mooring of vessels at and use of piers, docks and moorings as referred to in Section 15.28.010 and 15.32.010 of the Morro Bay Municipal Code. BE IT FURTHER RESOLVED that the amended rules and regulations shall remain in effect until such time as they shall be amended by resolution of the City Council of Morro Bay. PASSED AND ADOPTED by the City at a regular meeting held thereof on the following vote: AYES: Baker, Luna, Wuriu, Sheetz NOES: Luna ABSENT: None ARDITH DAVIS, CITY CLERK Council of the City of Morro Bay the 24th day of August, 1992, by ZZR04SE IE SHE Z, MAYOR EXHIBIT "A" CITY OF MORRO BAY - HARBOR DEPARTMENT RULES AND REGULATIONS FOR VESSELS USING CITY PIERS, DOCKS AND OFFSHORE MOORINGS INTRODUCTION The City of Morro Bay directly operates 2 piers, approximately 50 slips and 70 individual moorings. The City also provides a floating dock and anchorage area for transient vessels. City operated individual mooring sites are in the A2, Al-1 and Al-2 mooring areas as shown in the attached map. The City leases out the A1-3 and A1-4 mooring areas to the Morro Bay Yacht Club and Morro Bay Marina respectively which manage individual mooring assignments in those areas. Most Embarcadero slips and the State Park Marina slips are privately operated with rules and regulations set by the operator. Following are rules and regulations for City facilities and general operation of the Harbor within City limits. The Harbor Department shall mean the Harbor Director, or any designated employee of the City of Morro Bay Harbor Department. RULES AND REGULATIONS 1. Morro Bav Harbor Department - General Regulations No person shall anchor, moor or secure a vessel or any object • within the City of Morro Bay except in designated areas and locations set by the Morro Bay Harbor Department and the Morro Bay Municipal Code. Any vessel or object moored, anchored or secured in violation of this section may be declared a hazard pursuant to California Harbor and Navigations Code Section 523 and shall be relocated to a safe anchorage or berthing location by the Harbor Patrol. The owner will be charged for all costs associated with such relocation and may be subject to impoundment at the fee shown in the Master Fee Schedule. No vessel May exceed 5 MPH speed limit within the Morro Bay City limits with the exception of governmental agencies in the performance of duties. Discharge of sewage is strictly prohibited. No person may liveaboard a vessel in excess of 4 days without first obtaining a permit. To use or occupy City docks, City moorings, City Piers, the A1-5 anchorage area or City floating dock a vessel must be registered with the Harbor Department including submission of a signed RENTAL AGREEMENT or transient berthing agreement card. 2. City Slips A: General City slips shall be assigned to commercial fishing vessels as defined in Morro Bay Municipal Code 15.04-150 and Resolution 23-91 of the City of Morro Bay. Rental agreements for use of City slips are not transferable. If a vessel is sold or ceases to qualify for • a slip, the agreement is terminated. No city slip agreement holder may allow the use of any city slip by another vessel without the 1 of 7 • prior permission of the Harbor office. The City may rent any unoccupied slip on a temporary basis. B: WAITING LIST PROCEDURES AND ASSIGNMENT OF VACANT SLIPS The City has established a Commercial Slip Waiting List with a refundable fee of $286.00 and a Recreational Slip Waiting List with a refundable fee of $85.00. When a slip vacancy occurs, the slip will be assigned to the next eligible vessel on the commercial slip waiting list. It is the responsibility of all waiting listees to keep the Harbor Office informed of current address and contact numbers. If no response is received after two attempts to contact waiting listee at the address and/or phone number on record with the Harbor Office, then the waiting listee will be passed over until such time as they recontact the Harbor Department. A vessel and the vessel's owner must meet the definition for commercial fishing vessels to be placed on the commercial slip waiting list and must qualify for year in which they are offered a permanent slip. A vessel owner may substitute a different vessel and maintain the same position on the list up to one time in any three year period. The recreational slip waiting list would be used in the event the City develops new slips for recreational boaters. C: TEMPORARY CANCELLATION OF CITY SLIPS AND SLIP SUBLEASING Any City slip agreement holder may, by giving City notice at the • Harbor Office of a pending absence and vacation of the slip in excess of 30 days, have their slip fees reduced to 25% of the regular monthly fees listed in the Master Fee Schedule. If the slip holder returns to the slip in a period less than the 30 days the fee reduction will be rescinded for the entire period and an additional fee of $50 will be charged. Vessels on the Commercial Slip Waiting List will have priority for subleases. The City will maintain a slip sublease waiting list and will make the vacated slip available to the next available qualified vessel on the slip sublease waiting list if there is no vessel on the Commercial Slip Waiting List which desires a sublease. If a vessel or person on the sublease waiting list declines a slip sublease assignment or if the City is unable to contact the person after two attempts; then that person's name shall be removed from the waiting list. The City may assign any vessel to a vacated slip on a daily basis at the daily transient fee but no subleases will be allowed for a period less than one month. No vessel will be allowed to use any vacated slip either on a transient daily fee or monthly sublease basis without paying in advance. If a vessel on temporary cancellation does not occupy the assigned slip for a period of at least 3 months in any 24 month period then the City may terminate the berthing agreement and assign the slip to the next qualified vessel on the commercial slip waiting list. 3. Offshore Moorings • A: MOORINGS - GENERAL Moorings are allowed only in designated locations within the outlined mooring zones or as approved by the Harbor Director and 2 of 7 • allowed by the Morro Bay Municipal Code. Some mooring locations have tackle and gear owned and installed by the City; most mooring locations have tackle and gear owned and installed by the private party. Each mooring is for one vessel. Floating docks or arrangements other than mooring tackle and gear as outlined and approved by the Harbor Department are prohibited except on mooring sites A2-21, Al-2-07 and Al-2-13 where pre-existing floating docks have been installed. Those pre-existing floating docks shall not be enlarged or improved. At such time as they are no longer usable, as determined by the Harbor Department, they will be removed at the cost of the mooring agreement holder. Assigned mooring agreement holders must at all times keep the Harbor Department notified of the vessel which is currently using the mooring site. If an offshore mooring agreement is terminated for non-payment of rent or failure to inspect mooring gear, the City may take possession of the location and any personal property as outlined in Chapter 15 of the Morro Bay Municipal Code. In such case the Harbor Department may either take the mooring location out of service or install City owned mooring tackle and gear on the location. B: MOORINGS - TACKLE AND GEAR PRIVATELY OWNED Mooring locations where the mooring tackle and gear are owned by a • private party shall be held under a monthly rental agreement. Said agreement may be assigned to another party, subject to approval of the City of Morro Bay, by making written request to the Harbor Department. The City reserves the right of approval of any assignment and may not approve such assignment if the mooring agreement holder or assignee is in violation of these rules and regulations or has a past due account with the City or if the proposed use of the mooring will violate these rules and regulations or the Morro Bay Municipal Code or safe boating practices as determined by the Harbor Director. The rental agreement shall have a month to month term and fees shall be set forth in the Master Fee Schedule under Offshore Moorings. C: MOORINGS - TACKLE AND GEAR CITY OWNED The City will rent City owned moorings on a daily or monthly agreement at fees set forth in the Master Fee Schedule under City Owned Moorings. City owned mooring agreements are not assignable or transferable. When a City owned mooring is vacated, the Harbor Department shall post notice of the available mooring in the Harbor Department Office and the mooring shall be assigned to the first eligible vessel owner to notify the Harbor Department of their desire to use the mooring. D: MOORING TACKLE AND GEAR MAINTENANCE The offshore mooring holder shall maintain the tackle and gear to • the specifications set by the Harbor Department including biennial inspections meeting the requirements set by the Chief Harbor Patrol Officer. The City will maintain and inspect City owned moorings. 3 of 7 • Moorings leased to the Morro Bay Yacht Club and Morro Bay Marina will be maintained and inspected by those lessees to meet the specifications set by the Harbor Department. 4. T-Piers, Floating Dock Or Anchorage Area The T-Piers, floating dock or anchorage area shall be available to registered transient vessels on a first come first serve daily basis at fees established in the Master Fee Schedule, except that no vessel may use the anchorage area or floating dock for more than 30 days in any six month period. To maintain safe and efficient Harbor operations, the Harbor Department may relocate vessels or designate specific sites for certain vessels at these facilities at any time. Any transient liveaboard vessel must receive a permit from the Harbor Department and the Harbor Department may limit transient liveaboards to the North T-Pier. 5. Harbor Department Responsibility To Protect Safe And Efficient Operation Of City Facilities When a vessel enters a mooring or docking facility or anchorage area in the waters of the City of Morro Bay, it immediately comes under the jurisdiction of the City and may be moored or docked or anchored at the direction of the Harbor Department. The Harbor Department may refuse use of City facilities to any vessel which or vessel operator who has unpaid fees or a past due account with the City or who represents, in the opinion of the Harbor Department a threat to pollute or potential threat to the safety and security of . City facilities. Any vessel using City facilities shall be operable under its own power and be seaworthy and maintained in good and safe condition as determined by the Harbor Department. Any vessel which requires Harbor Patrol emergency assistance to pump out, take under tow or otherwise care for the vessel in excess of one time in any 12 month period will be subject to termination of its use of City facilities and/or its berthing agreement. 6. Fees Fees for use of City facilities shall be set in the City's Master Fee Schedule. All fees are due and must be paid in advance. The Harbor Department may allow billings for qualified and registered vessels with current account status at the discretion of the Harbor Department. Transient fees must be paid in advance provided that the Harbor Department may allow 48 hours after arrival for any vessel to make payment or acceptable arrangements for payment. Transient Vessels not complying with this section within 48 hours of arrival shall be subject to impoundment as specified in Ordinance 397 and Chapter 15 of the Morro Bay Municipal Code. The City will refund upon request any prepaid unused transient fees in excess of $20 and unused prepaid transient fees of less than $20 may be held as a credit to payees account. City slips and moorings will be billed on a monthly basis in advance, will be delinquent • and subject to a late payment penalty if not paid by the loth day of the month, whether the tenant receives a bill or not. After a City slip or offshore mooring assignment is made and until the 4 of 7 • mooring or slip agreement is cancelled or assigned with prior approval of the Harbor Department, the agreement holder shall be responsible for payment of all fees whether the agreement holder occupies the slip or mooring or not. All fees will be adjusted annually as set forth in the Master Fee Schedule. Slip fees shall include electricity services but T-Pier fees shall not and the harbor patrol will limit electric service on the piers to those vessels which pay the daily use fees. The established electric use fee will be for one vessel only. The electric fee must be paid prior to use and the Harbor Department may terminate any vessels' use of City facilities and/or their berthing rental agreement for violation of these requirements or of any other section hereof. 7. Damage To City Property Any vessel which causes damage to City property will be responsible for repaying the cost of repair to such damage as determined by the Harbor Department and submitted in a written statement itemizing costs. 8. Emergency Measures, City Held Harmless In the event of severe storm or tidal wave, the vessel owner, operator and/or agreement holder will provide preparation and damage prevention protection for their property. The vessel owner or his agent is solely responsible to take all emergency measures possible, and the City does not assume any responsibility for said protection and or damages to the vessel from storm or tidal wave • action. The City assumes no responsibility for the safety of any vessel using City facilities, and will, not be liable for fires, theft, loss or damage to said vessel, its equipment, or any property in or on said vessel. Tenant expressly and by his use of City facilities agrees to hold City and its officers and employees harmless from any claim he or any of his crew, guests or agents have against City for damage to the vessel or other property or for personal injury arising from tenant's use of City property or facilities. 9. Storage And Securing Of Vessels Tenders and skiffs will be stored on board larger vessels when possible and are not allowed at City slips and docks except as designated by the Harbor Department personnel. The water space between the shore and City docks shall be used primarily for the storage of tenders, skiffs or dinghies used to serve vessels occupying moorings in a non-commercial mooring zone. Other users may store tenders skiffs or dinghies on City docks at designated locations with the prior approval of the Harbor Department at a fee equal to the current monthly slip rate times the length of the vessel. No dock boxes, steps or any other installations may be made to City slips, moorings or other facilities without prior • permission from the City. No rafting or storage of more than one vessel on any slip, mooring or anchorage is allowed without the permission of the Harbor Department. Temporary storage of crab 5 of 7 • receivers may be allowed with the prior written permission of the City. It is the responsibility of each vessel owner or operator to safely secure that vessel to its berthing. Vessels shall be secured in their berths, moorings or anchorage in a manner acceptable to the City or the Harbor Department personnel may adequately secure the vessel and assess a service fee. 1.0. Fish Unloading Or Sales Fish may be unloaded off City piers and slips only by the owner or operator of the commercial fishing vessel which caught the fish. Operations including commercial truck loading by fish processors or fish buyers are prohibited from City piers and docks. Commercial fishermen may sell their catch only from their vessels at city slips and docks provided they are in conformance with these rules and regulations, State and Federal law, providing that such sales shall not negatively impact the safe or efficient operation of the harbor, at the discretion of the Harbor Department. Signage shall be minimal and fish sold from vessels must be fish that was caught by the vessel owner. 11. Violations Of The Morro Bav Municipal Code Or Of The Rules And Regulations For any violation of the Morro Bay Municipal Code or these Rules and Regulations for which a citation is not issued, or for which a vessel is not impounded, the City may provide written notice to • tenant to correct such violation. Failure to comply with such written notice may subject the tenant or violator to suspension of future use of City facilities and or termination or cancellation of a mooring or berthing agreement. For example: use of sub standard electrical cords or equipment after one warning may result, at a minimum, in suspension from use of City facilities for 30 days. • 12. Storage And Electrical Service No storage of supplies, materials, accessories, fishing gear or debris will be allowed on piers or slips. No charcoal fires or open fires of any kind will be allowed on any City facility. Electrical power cords must meet the standards of NFPA and the National Electric Code as determined by the Harbor Department. The Harbor Department may make exceptions during temporary supervised projects. No doubling off a unit is allowed. 13. Operations From City Facilities No sport fishing, tour boat, charter boat or rental business operation shall be conducted from any City slip, pier, street end dock, mooring, anchorage or other City facility or beach except as specifically allowed under a lease or license agreement. 14. South T-Pier Hoist A. No fish, shellfish or seafood products are to be unloaded with the hoist except in the following cases: 6 of 7 • 1. All other commercial fish unloading facilities in the Morro Bay area are closed, overloaded, or unable to off-load the boat of the requesting party. 2. That the unloading by one of the commercial unloaders, in the Morro Bay area, would be untimely and cause extreme hardship or loss to the requesting party. B. A key deposit of twenty dollars or a valid driver's license may be required. C. A fee set by the Master Fee Schedule shall be by the hour for any part of an hour with a one hour minimum. D. No overweight use of the hoist is allowed and the Harbor Department may refuse use of the hoist to any party for any reason to .insure proper safe and efficient use of Harbor facilities. 15. Street End Docks And Boat Launch Ramp Use of floating docks at the end of Morro Bay Blvd., Harbor St. and Anchor St. and the Launch Ramp shall be limited to transient tie- ups by recreational boats. No overnight tie-ups will be permitted. Maximum duration of tie ups at these docks shall be for a period not to exceed 3 hours per day. Persons found to be in violation of these restrictions shall be subject to a fine of $25 per occurrence. Shore fishing and angling shall not be permitted from • the viewing platforms or the floating dock at the ends of Harbor St., Morro Bay Blvd., Marina St. and Anchor St. Persons violating this restriction will be subject to a fine of $10. per occurrence. The launch ramp docks are for temporary tie-up while launching and retrieving a vessel only. No vehicle shall park or use any parking space in the boat launch ramp in excess of 72 hours. The Harbor Patrol shall monitor and enforce rules and regulations in the boat launch ramp parking lot to ensure it is available for boaters. No storage or haul out is allowed. Repairs and mechanical work shall be limited to minor jobs which can be completed within a short period without negatively affecting other users of the lot as determined by the Harbor Patrol. Parking time limits and parking regulations within the parking lot shall be designated and marked with appropriate colors, lettering and signage 16. Prior City Resolutions A. INCORPORATION OF PRIOR RESOLUTIONS: City of Morro Bay Resolutions #112-89 and 23-91 are incorporated into these rules and regulations by reference. B. RESCINDING OF PRIOR CITY RESOLUTIONS: Adoption of these rules and regulations shall serve to rescind City of Morro Bay Resolutions # 115-67, #30-74, #1-75, #66-78, #65-80, #86-80, #09-81, #27-82, #72-82, #123-82 #124-82, #19-83, #58-83, • #59-83, #60-83, #95-83, #122-83, #8-84, #125-84, #90-85, #61-86, #85-87, #11-89,#76-89. 7 of 7 D z D rn D a m D Dyes Si. • t t . RE S O LUT S ON NO - X 0 3— 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING AN AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE COUNTY OF SAN LUIS OBISPO • T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of continuing to contract with the County of San Luis Obispo for animal control, regulation, and enforcement services within Morro Bay corporate limits; and WHEREAS, in recognition of budgetary difficulties and esca- lating County costs for the provision of said services, the City is interested in reducing expenses and eliminating peripheral animal control services; and WHEREAS, the County of San Luis Obispo has responded by restructuring their services to offer various program options, including a package of nine (9) Basic Services and the Spay/ Neuter Assistance Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California does hereby approve the Agreement for Animal Control Services with the County of San Luis Obispo for the timeperiod of 01 July 1992 through 30 June 1995, a copy of said Agreement by reference is made a part hereto; and BE IT FURTHER RESOLVED that the City Council subscribes to the Basic Services and Spay/Neuter Assistance Program levels of Animal Control Services outlined in said Agreement. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the loth day of August, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: OSE aIi;SHE Mayor ARDITH DAVIS, City Clerk AGREEMENT FOR ANIMAL CONTROL SERVICES . This Agreement is made and entered into this 1 st day of July, 1992, by and between the County of San Luis Obispo, hereinafter referred to as "County", and the City of Morro Bay , hereinafter referred to as "City". WITNESSETH: THAT WHEREAS, The City is desirous of contracting with the County for performance of the hereinafter described animal control services within its boundaries by the County of San Luis Obispo through the Department of Animal Regulation; and WHEREAS, the County is agreeable to providing such services in accordance with the provisions of the San Luis Obispo County Code Title 9 which provides for the licensing of dogs, the establishment of a public pound, and for the collection and care of stray, diseased and vicious animals; and WHEREAS, the County of San Luis Obispo has established the Department of Animal Regulation to enforce the ordinances of the County Code Title 9 within the unincorporated areas of the County; and WHEREAS, the City is desirous of contracting for said Animal Control Service. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services - Defined A. Definitions - used throughout as follows: • 1) Household Pets or small animals means but is not limited to cats, dogs, canaries, fish, hamsters, rabbits, turtles, and reptiles and other kindred animals usually and ordinarily kept as household pets. • 2) Livestock or large animals means horses, ponies, mules, cattle, goats, swine and all other domestic or domesticated animals other than household pets. 3) Small wildlife means racoons, possums, foxes and other similar sized wildlife. 4) Large wildlife means deer, mountain lions, or other similar sized or larger sized wildlife. B. Basic Services - are defined as follows: 1) Services associated with insuring that dogs and cats are vaccinated against rabies and that dogs are licensed in accordance with local ordinances. 2) The receipt of household pets at the shelter or at drop off kennels. 3) Sheltering of all household pets received at the shelter in accordance with state regulations, local ordinances, and policies governing humane treatment of such animals. Page 1 of 8 • 4) The capture or attempted capture of dogs running loose in violation of leash laws or other loose animals which would pose a hazard to health or safety. 5) Services for returning impounded animals to their owners, adoption of or humane destruction of animals received or brought to the shelter. 6) Emergency services for injured stray dogs or cats, dogs causing an immediate threat to public safety or suspect rabid animals. a) Calls for response within the City limits after normal business hours will be referred to the Watch Commander at the Police Department for approval. The Watch Commander will determine whether the call will be referred to Animal Regulation. 7) Investigation of all animal bites involving humans and the quarantine of biting animals. 8) Investigations of exposures to rabid animals or suspect rabid animals at large and the quarantine or destruction of animals which were in contact with rabid animals. 9) Dead Animal Pick up - pick up of dead household pets or small wildlife in residential areas. C. City Requested Services - defined as follows: • 1) Services associated with the investigation and resolution of nuisance complaints involving animals, including barking or other noise complaints, leash law violation complaints and unsanitary conditions complaints. 2) Services associated with the preparation of cases for prosecution and court actions on "multiple bite" or vicious dogs. 3) Services associated with the investigation and prosecution of cases involving animal cruelty. 4) Emergency or after hour services for any other reason than the Basic Package. Emergency services in this category are limited to: a) Sick dogs or cats. b) Arrest hold animals. c) Calls that have been approved by the Watch Commander and referred to Animal Regulation. 0 Page 2 of 8 • D. Citizen Requested Services - any service such as owned animal pick up, which is performed for the convenience of the citizen and for which the individual requesting the service is charged a fee. Defined as follows: 1) Owned Animal Pick Up 2) Owned Dead Animal Pick Up 3) Euthanasia of Owned Animals 4) Transportation to Veterinarians of Owned Animals 5) Duplicate License Tags/Transfer of Ownership Fees 6) Any other service provided for owned animals. E_ Humane Education Services - Education on responsible pet ownership at schools and public events usually involving the Humane Education Canine and one or more Animal Control Officers. F. Spay/Neuter Services - The provision of certificates for reduced cost spay/neuter of animals or the provision of low-cost spay/neuter services. • G. Operation Permit Services - Services for the inspection and issuance of Animal Use Operation permits. 2. Services To Be Provided by County A. Maintain an Animal Regulation Department - to provide management and supervision of the program, to keep records and statistics as established in policy and approved by the Animal Regulation and Control Advisory Committee as defined hereafter. B. Animal Shelter - maintain, or cause to maintain an Animal Shelter to provide for the care, housing and disposal of animals impounded within the city or County or delivered by city or County residents. C. Basic Services - to provide Basic Services to all subscribing jurisdictions within the County. D. Specific Agreements - to provide pursuant to specific agreements with each city: 1) City Requested Services Page 3 of 8 • • 2) Humane Education Services 3) Spay/Neuter Services E. Citizen Requested Services - to provide Citizen Requested Services to all citizens of the County regardless of jurisdiction. F. Operation Permit Services - to provide Permit Services to all citizens of the County regardless of jurisdiction, 3. Animal Regulation and Control Advisory Committee - There shall be an Animal Regulation and Control Advisory Committee whose responsibility it will be to review and recommend on all matters of Departmental Policy regarding overall program administration, level and quality of service, budget, and ordinance development and amendments. This Advisory Committee shall be made up of: one representative from each City contracting with the County, one representative from the County Veterinarians' Association, one representative from an animal welfare society, one representative from the County Health Department, one representative of the Highway Patrol, one representative from the Department of Animal Regulation, one representative of the County Administrative Office, and one representative from the County Sheriff's Department. The Committee shall receive staff support from the Department of Animal Regulation. There shall be three subcommittees as follows: A. Budget and Finance • B. Facilities C. Operations 4. Supervision - The rendition of services specified in paragraph 2 of this Agreement, and matters incidental to the performances of said services, and the control of personnel so employed, shall remain in the County. 5. Cooperation - To facilitate the performance of the foregoing functions, it is hereby agreed that the County shall have the full cooperation and assistance from the City, its officers, agents, and employees. 6. Employee Compensation and Liability - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in the Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. 7. Indemnification - Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to contract by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law. . Page 4 of 8 It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority orjurisdiction delegated to the County underthis Agreement. It is also understood and agreed that pursuant to Government Code 895.4, County shall defend, indemnify and save harmless the City, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement except as otherwise provided by Statute. It is understood and agreed that neither County nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement: It is also understood and agreed that pursuant to Government Code Section 895.4, City shall defend, indemnify and save harmless the County, all officers and employees from all claims, suits or actions of every name, kind and description brought for on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City under or in connection with any work, authority orjurisdiction delegated to the City underthis Agreement except as otherwise provided by Statute. 8. Employee Status - All persons employed in the performance of the services and functions specified in • paragraph 2 of this Agreement shall be County employees; no present City employee shall become a County employee by reason of this Agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer -and the employee engaged in their performance of any service hereunder shall, where necessary, be deemed an officer or employee of City while performing the services for City. 9. Prosecution - It shall be the duty of the City Attorney, exercising the discretion vested in his office, to prosecute violations of the City Animal Ordinance, and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. 10. Term and Renewal - This Agreement shall be effective on the 1st day of July, 1992, and shall terminate on the 30th day of June, 1995. All fees, charges, and payments required by paragraph 12 (A-C) and paragraph 15 shall be adjusted each July 1 st of the three year duration of the contract. This adjustment shall be for any increase in County's cost of providing services. The Department appropriation Budget shall be used to determine percentage of increase. This percentage shall not exceed five (5) percent for any one year of the contract period. This contract is subject to cancellation by either party by notification in writing of the desire to terminate contract. Notification shall be required 30 days in advance of the termination date. 0 Page 5 of 8 • 11. Allocation of Costs A. Budget Submission - By March 1 of each year a budget with supporting documentation shall be provided to the Budget and Finance Subcommittee. This budget shall specify: 1) The estimated expenses, revenues and net cost of providing basic services for the next fiscal year and the pro-rata share for each city jurisdiction. 2) The hourly rate to be charged to cities for City Requested Services and after hours Emergency Services included in the Basic package 3) The estimated cost of Education Services and the pro-rata share for each city jurisdiction. 4) The estimated need and amounts for Spay/Neuter Services. B. Costs Development - costs will be developed and maintained in accordance with a methodology approved by the County Auditor -Controller and by the Budget and Finance Subcommittee. 1) Cost for the Basic Package will be based upon the total cost of providing the Basic package minus the revenue for those services and the resulting Net Cost being distributed on a per capita basis for each city. • 2) Hourly rate for services will be determined by allocating all personnel, equipment and vehicle costs to the productive hours worked by Animal Control Officers. a) Billing will be broken down to the closest 15 minute increments for hourly services. b) Emergency Services provided after normal business hours (9:OOam to 5:00pm and County Holidays), will be billed at a two (2) hour minimum. This is for services provided in the Basic Package and in the City Requested Package. 3) Humane Education costs will be determined by the total cost of the program including salaries, supplies and transportation distributed on a per capita basis. 4) Spay/Neuter costs will be determined by estimating the dollar amount necessary to issue certificates to citizens within the City limits for the fiscal year. C. City Notification - no later than April 1 of each year, each city shall be notified of its pro-rata share of Basic Services and Humane Education, the hourly rate for City Requested Services, and the amount needed for Spay/Neuter Services. The city shall notify the County no later than July 1 of their agreement to pay for basic services and other services in each subsection. D. Actual Costs - See Attachment A. • Page 6 of 8 • 12. County Billing - County shall bill city quarterly for their pro-rata share of Basic Services and Humane Education Services and the amount due for the City Requested Services from the previous quarter. • 13. Modification - This contract constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. 14. Ordinance Conformity - City agrees to adopt animal control ordinances which conform to and are not in conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City codes may be conducted with the County Department of Animal Regulation's consultation before adoption. County Department of Animal Regulation may also make recommendations to City for changes or modifications to their City ordinance. 15. Books and Records - County agrees to keep such books and records and in such form and manner as County Auditor -Controller shall specify. Said books shall be open for examination by City at all reasonable times. 16. Notices - Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the County at: and to the City at: Department of Animal Regulation P.O. Box 3760 San Luis Obispo, CA 93403 City of Morro Bay 595 Harbor St. Morro Bay, CA 93442 Page 7 of 8 IN WITNESS THEREOF, City of Morro Bay by resolution duly adopted by its City Council causes this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed hereto attested by clerk of said: CITY OF Morro Bay By: Mayor ROSE MARIE SHEETZ ATTEST: By: • City Clerk ARDITH DAVIS • COUNTY OF SAN LUIS OBISPO 32 Chairman, Board of Supervisors ATTEST: Board of Supervisors Date: �" J 2 3, i99 Z. Page 8 of 8 lee\wP61\arycerr\cenn¢Ndry 29, 1992 AGREEMENT FOR • ANIMAL CONTROL SERVICES Attachment A Allocation of Service Costs for the city of Morro Bav for the Fiscal Year 1992-93 will be as follows: 1. Basic Package $ 23,800 2. City Requested Services $ 49.00/hour 3. Humane Education Services $ .20/capita 4. Spay/Neuter Services $ 2,500 CITY COUNCIL RESOLUTION NO. 102-92 • • • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, APPROVING USAGE OF NEW 200 SCALE ZONING MAPS TO REPLACE THE EXISTING 800 SCALE OFFICIAL ZONING MAPS WHEREAS, Municipal Code Section 17.28.010 makes reference to zoning districts which are shown on a map entitled "ZONING MAP OF THE CITY OF MORRO BAY" and which map is to be kept on file in the office of the City Clerk; and WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 15th day of June, 1992, reviewed the new 200 scale zoning maps to replace existing approximately 800 scale zoning maps currently used as the official zoning map of the City and the Planning Commission voted unanimously that the City Council accept the 200 scale zoning maps as the official zoning map for the City replacing the existing 800 scale zoning maps; and WHEREAS, the City Council, on the loth day of August, 1992, reviewed the new 200 scale zoning maps and determined that the new 200 scale zoning maps are consistent with the zoning indicated on the existing 800 scale official zoning map. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby accept the 200 scale zoning maps as the official zoning map for the City replacing the existing 800 scale zoning maps. Introduced at a regular meeting of the City Council of Morro Bay, held on the loth day of August, 1992, by motion of Councilmember Baker and seconded by Councilmember Luna PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of August, 1991 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: AR ITH DAVIS, City Clerk '-� O r � n m m m � -m oa � U 1 mooQ ® aE � N _ w Om V as e;; 2a 4 zNEt E O c yr• f CCUj o fu L c� F � a O V 0 _Z Z T m � O O � U _ m a ❑ N C U a m� J J > > `> > > > > m m mom Ou. o>,aaaa�0i«� y �� W d ❑ m C m C L E U m 2 <c p m m A m m m _ ya n.` W Q m> OC cnao. cia n.�vpo�-o_ ~N awmv�vl rnWma¢iU�N J � Q U UCC W F- z a m CLN ON�rvNN�at in e0 a m❑ awmm�nm m(nmm��_m 0 m N m 0 a` m C L O tp L U m a v m E ¢ E c v c c mAm v E o °1m m FN- �ayEE0 0nEES4 a ¢Zm U m Emmmmp�0 a LL¢ LL LL¢ L m U o _N E m o' a_ c E OC Q a Q¢m¢¢¢UciUc>�Oc7s�o30x�Nc� • dVW xUQNT y° i'fA v w!7 Q. T 1 q .mil O i�pnY�Yuu� y/ CITY Llrf_� • • 1 z-- 9 A n 'I U tj Lti aFM 1 Y Ev. l s \ { yE \ i I L • �,`•� � ` N \ � r ,.,� � tip - �. IAiN N,cNWAY CA✓f� cc U CC m cc r cc U � -- y....••yyyyyy.. o..•....ua.00�.�i�.w.yii�•• OCEAN PACIP1C ii 1-7711- ---z:-T-T71 7 7 7" A, 4 ,I i 0 L" N W a r t a o= uj Fy .I �—I ill Uj t L.. ♦�1 CJ ♦. O ♦� ♦� N O. L N r L Z- Nil J 1 1 1© �� WOM 0 i 7 �N N U -« z=— �Dn mmommmm I".. 1 Ni. 1 • I 6 N � Z— i z� s i N , CS L, �4 -'t Li Ui LLB �l CC fl� L~ 0 l a N 0 h >t 1 • . ,n rc r � III MEN mini 0 ERE k o-� W ` aI N 1 n Ll O -z �n W U- t a - f N cc u a-,, I ,I- Q i 0 4 • n. N i T W IN I I PACIFIC V t I RESOLUTION 101- 92 • TO SUMMARILY ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY ON VISTA STREET AND ON SHASTA AVENUE T H E C I T Y C❑ U N C I L City of Morro Bay, California WHEREAS, the Council, on May 11, 1992 by Resolution No. 49-92, which resolution and the findings contained therein are incorporated herein by reference, agreed to abandon portions of the public right-of-way on Vista Street and on Shasta Avenue; and WHEREAS, the Planning Commission on June 6, 1992, at a regular meeting did approve the description, extent, and location of the proposed abandonment at lot 1 as shown at Exhibit A attached hereto, and so designated on the map with diagonal lines; and WHEREAS, the Council finds that should similar size vacations ever occur on the opposite street sides, the resulting right-of-way would meet or exceed minimum requirements of the City's Subdivision Regulations for local streets; and NOW, THEREFORE, BE IT RESOLVED in accordance with Part 3, Chapter 4, Sections 8334(a) and 8335 of the State of • California Streets and Highways Code, the City of Morro Bay hereby summarily vacates portions of the public right-of-way of Vista Street and Shasta Avenue as shown on Exhibit A attached hereto; and 11 BE IT FURTHER RESOLVED THAT the City Clerk shall be insti7ucted to record this resolution after conditions of approval as required by the City have been satisfied or bonded for bg owner of lot 1, and from and after the date this resolution is recorded, said portions of the public right-of-way vacated shall no longer constitute a street, highway, or public service easement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting on the loth day of August, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: ATTEST: AROITH DRVIS, City Clerk LEGAL DESCRIPTION AREA OF VACATION • Commencing at the southwest corner of Lot 1, Block F, of the Cerrito Addition, as shown on a map recorded March 14, 1888, in Book A of Maps at Page 34, at the San Luis Obispo County Recorder, San Luis Obispo, California, said point also being the True Point of Beginning ; thence, • North, 55.01; thence, East, 140.0'; thence, North, 2.01; thence, West, 146.01; thence, South, 57.01; thence, East, 6.0'; to the True Point of Beginning. OLIVE LLI a W ��s66 oErwL i� VISTA \\ ST. r � � � I 6 6 � 3 — -- — 7 e 4 ST. DETAIL (� xy) w Z a • RESOLUTION NO. 100-92 RESOLUTION AUTHORIZING APPLICATION FOR PROPOSITION 116 FUNDING TO INSTALL A BICYCLE PATH FROM ATASCADERO ROAD TO MAIN STREET THROUGH PACIFIC GAS & ELECTRIC COMPANY PROPERTY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, safety of school children is of the highest priority; and WHEREAS, it is in the best public interest to encourage the use of alternative modes of transportation; and WHEREAS, in acknowledgment of this interest the City has adopted a Circulation Element to its General Plan which establishes priority •for facilities to serve and foster alternative modes of transportation; and WHEREAS, the citizens of the State of California in acknowledgment of this interest adopted Proposition 116 to provide funding for installation of facilities to serve and foster alternative modes of transportation; and WHEREAS, the bicycle path from Atascadero Road to Main Street is identified as the highest priority in said Circulation Element; and WHEREAS, the acquisition of Proposition 116 funding is crucial to the realization of this bicycle path. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that it is hereby authorized and directed that the City apply for Proposition 116 funding for the installation of a bicycle path from Atascadero Road to Main Street through Pacific Gas and Electric Company property. BE IT FURTHER RESOLVED, the Mayor of the City of Morro Bay be authorized to execute documents appropriate to pursue this funding source. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of August, 1992, by • the following vote: Resolution No. 100-92 Page 2 • AYES: Baker, Luna, Mullen, wuriu, sheetz NOES: None ABSENT: None ABSTAIN: None R SE MARIE SHEETZ, Mayor ATTEST: ARDITH DAVIS,City Clerk u 0 BIKEWAY ROUTES PGSSIBLE a • SELECTED BIKE ROUTE .n,rnrr .rr ,unwrxr . • y P.G. & E. .rl�. KEISER PARK r. G. & E. .a r ! aTI... .! .vn•.v! , P. G. & �J Enono SED KEMEn CAnK ! n.G. A E. PIKE PATH e,., 11 . .. , ...... • RESOLUTION NO. 99-92 RESOLUTION APPROVING NEW 3-TIER RESIDENTIAL SOLID WASTE COLLECTION SERVICE INCORPORATING $1.00/ORANGE TRASH BAG OPTION AND AN OPERATIONAL RATE INCREASE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION SERVICES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay entered into a Solid Waste Franchise Agreement with Morro Bay Garbage Service (MBGS) effective January 1, 1992 to provide residential and commercial solid waste collection services, including transport, removal, and disposal; and WHEREAS, City has had a 2-tier residential solid waste collection service in effect since June 1, 1986; and WHEREAS, the City Council decided on June 22, 1992 to implement a new 3-tier residential solid waste collection service incorporating a $1.00/orange trash bag option to encourage recycling and waste reduction and related rate structure incorporating an operational rate increase requested by MBGS for residential and commercial solid waste collection services; and •WHEREAS, Section 28 of said Franchise Agreement sets forth the requirements for rate adjustments for solid waste collection operations; and WHEREAS, the MBGS request for said rate increase complies with all requirements of Section 28 of said Franchise Agreement; and WHEREAS, City has determined that said rate increase is a reasonable business necessity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. A new 3-tier residential solid waste collection service is hereby approved effective September 1, 1992 as set forth in Exhibit A, attached hereto and incorporated herein by reference, and shall be reviewed in February, 1993 to determine if said 3- tier structure is meeting expectations, identify and resolve any problems encountered, compare the actual and estimated number of residential customers in each level of service, and adjust rates if necessary. 2. The regL increase services forth in • referenci est from Morro Bay Garbage for an operational rate for residential and commercial solid waste collection is hereby approved effective September 1, 1992 as set Exhibit A, attached hereto and incorporated herein by • RESOLUTION NO. 99-92 PAGE 2 3. The existing 2-tier residential solid waste collection service and residential and commercial solid waste collection rates in effect as of August 10, 1992 are hereby rescinded effective September 1, 1992 and superseded as set forth herein. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the loth day of August, 1992 by the following vote: AYES: Baker, Mullen, Wuriu, Sheetz NOES: Luna ABSENT: None ABSTAIN: None OSE MARIE SHEET ; Mayor ATTEST• ARDITH DAVIS, City Clerk • MCU/LC:HD:99-92 IP►1:M3�i�ii� MORRO BAY GARBAGE SERVICE SOLID WASTE COLLECTION RATES* EFFECTIVE SEPTEMBER 1, 1992 RESIDENTIAL RATES** Curb/Hardship: Rate Yard Rate Standard Service- $9.60 1 can $11.40 Up to 6 cans/Week*** 2 cans 15.65 3 cans 19.85 1-Can Option*** 6.50 4 cans 24.05 5 cans 28.30 6 cans 32.60 Orange Bag Option*** 1.00/Bag & 1.00/Month COMMERCIAL RATES** Special Overload Bin Service Frequency of Pickups/Week Pickup Pickup lx 2x 3x 4x 5x 6x 1 yd, bin $30.00 $47.00 $61.00 $77.00 $90.00 $112.00 $12.00 $10.00 1.5 yd. bin 37.00 63.00 84.00 107.00 129.00 155.00 13.00 12.00 2 yd. bin 44.00 79.00 107.00 137.00 167.00 199.00 14.00 14.00 3 yd. bin 58.00 107.00 153.00 193.00 250.00 290.00 19.00 17.00 4 yd. bin 77.00 146.50 204.00 273.00 341.00 387.00 25.00 23.00 4 1 Service cam n $10.00 $21.00 $30.00 $36.00 $50.00 $62.00 2 cans 15.00 30.00 45.00 62.00 77.00 91.00 3 cans 21.00 41.00 62.00 83.00 101.00 125.00 4 cans 24.00 48.00 72.00 98.00 119.00 144.00 5 cans 27.00 54.00 81.00 108.00 136.00 163.00 SPECIAL SERVICES**** 20 yd. drop box (M-F only) $170.00/dump $3.00 rent/day Bin cleaning 19.00/cleaning Reinstatement 30.00 Tag Service 1.50/tag Special Pickup 5.00/yard NOTES: * All rates are monthly, except as noted. ** All residential and commercial rates include a curbside recycling program, effective May 1, 1990. *** This is the standard level of service for all residential customers. The rate is based on an average set -out of 2 cans/week. Customers may select the orange bag option or 1-can option. These two options are intended for customers likely to generate a minimal amount of solid waste and not requiring a higher level of service on a regular basis. Orange bags are available only at the MBGS office. Customers selecting the orange bag option must pay the monthly service charge . on an annual basis at the MBGS office. Orange bags can also be purchased to supplement standard and 1-can service. **** Drop box rate and related overweight charge of $35/ton effective July 1, 1991. MCU/LC:HD:RATES RESOLUTION NO. 97-92 AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT FOR ACCEPTANCE OF A $325,000 GEAR STORAGE AREA GRANT FROM THE CALIFORNIA COASTAL CONSERVANCY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay, acting as lead agency with the Morro Bay Commercial Fisherman's Organization (MBCFO) has applied for a $325,000 gear storage area grant from the California Coastal Conservancy, and; WHEREAS, the Coastal Conservancy has approved the grant to the City for construction of a gear storage area and Harbor Department maintenance yard area, and has completed conceptual design and engineering work on the project, and; WHEREAS, the City has obtained CUP #26-91 for the project and is working on a lease agreement with Pacific Gas & Electric (PG&E) and a sublease agreement with the MBCFO for use of the 43,400 square foot site on PG&E property, and WHEREAS, the California Coastal Conservancy has prepared an agreement for acceptance for the grant which must be executed by the City in July, 1992 to secure the grant commitment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Administrator is hereby authorized to execute the agreement for acceptance for the $325,000 gear storage area grant with the California Coastal Conservancy. BE IT FURTHER RESOLVED that the lease for the gear storage area between the City of Morro Bay with PG&E and the sublease of a portion of that area between the City of Morro Bay and the MBCFO shall be submitted to City Council for approval. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the day of July 27, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None t_ ROSE MARIE SHEETZ, MAYOR ARDITH DAVIS, CITY CLERK STATE OF CALIFORNIA STANDARD AGREEMENT— ATTORNEY BYN AL CONTRACTNUMSER AM. NO. STD. z (REV.5-a1) 91 - 05 5 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER AGREEMENT, made and entered into this 2 2n d day of January 19 92 Si>♦� State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Executive Officer I State Coastal Conservancy Citv of Morro hereafter called the State, and hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) SCOPE OF AGREEMENT Pursuant to Chapter 7 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to the City of Morro Bay ("the grantee") a sum not to exceed three hundred twenty-five thousand dollars ($325,000), subject to the terms and conditions of this agreement. These funds shall be used by the grantee to complete the following project ("the project") in the City of Morro Bay near the harbor, as shown on pages J-7 and J-15 of Exhibit A, which are incorporated by reference and attached. The grantee shall construct a commercial fishing -gear storage area, including grading, fencing, paving, and a small gear -storage building. The grantee shall carry out the project in accordance with this agreement and a work program to be approved by the Executive Officer of the Conservancy (Continued on the following pages) CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a pan of this agreement_ IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (II dAsr lAan an rrnJnnvµ aI-N, lro(I a mrpor~. partnershp, efc.) State Coastal Conservancy City of Morro B BY (AUTHORIZED SIGNATURE) BY(AUT D p PRINTED NAME AND Mrkv P PRINTED NAME OF PERSON SIGNING Peter Crenell Cary Mapper, City Man ger TITLE ADDRESS Executive Officer 1 595 Harbor Street, Morro Bay, CA. 93442 AMOUNT ENCUMBERED BY THIS DOCUMENT PROGRAMICATEGORY (COOS AND TITLE) FUND TITLE Department of General Services $ 325,000,00 SCC Fund Use Only (OPTIONAL u5E) LT!FIP - Phase II I certif that this tyrant Y PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT $ agreement is exempt from ITEM CHAPTER STATUTE FISCAtYEAR 3760-001-565(h) 118 1991 91/92 Department of General Services approval. T NOUNI ENCUMBERED TO D. OBJECT OF EXPENDITURE (CODE AND TITLE) j325,000.00 Urban Waterfronts I hereby conity upon my own personal knowledge that budgeted funds T.aA. NO. B.A. NO. are available for the period and purpose of the expenditure stated above. SIC NATURE OF ACCOUNTING OFFICER DATE D I CONTRACTOR 1 1 STATE AGENCY 71 DEPT.OF GEN.SER. 7 CONTROLLER h City of Morro Bay Grant Agreement No. 91-055 Page 2 SCOPE OF AGREEMENT (Continued) ("the Executive Officer") pursuant to this agreement. The grantee shall provide any funds beyond those granted under this agreement which are needed to complete the project. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The grantee shall not commence construction of the project and the Conservancy shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: (1) A resolution has been adopted by the City Council of the grantee authorizing the execution of this agreement and approving its terms and conditions. (2) The Executive Officer has approved in writing: (a) (b) The work program for the project. Plans for the erection of signs and placards as provided in the "SIGNS" section of this agreement. (c) All contractors that the grantee intends to employ in connection with the project. The grantee must provide written evidence to the Conservancy that each such contractor has complied with the bonding requirements described in the "BONDING" section of this agreement. (3) Written evidence has been provided to the Conservancy: (a) That all permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained. (b) That the grantee has provided for liability insurance and an additional insured endorsement, or is self -insured, as described in the "LIABILITY" section of this agreement. (c) That the grantee has provided for fire and othev loss insurance as described in the "LOSS INSURANCE" section of this agreement. Notwithstanding the above, the grantee may commence preparation of plans, specifications and engineering work upon meeting conditions precedent no. 1 and upon the Executive Officer's review and approval of a separate work program (tasks, budget and timeline) and approval of any contractors that the grantee will retain to perform the work. City of Morro Bay Grant Agreement No. 91-055 Page 3 TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the offices of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. This agreement shall run from its effective date through June 30, 2012 ("the termination date") unless otherwise terminated or amended as provided in this agreement. AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its December 6, 1991 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit A. This agreement is executed pursuant to that authorization. 11 City of Morro Bay Grant Agreement No. 91-055 Page 4 Standard Provisions WORK PROGRAM Prior to beginning construction, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with this agreement. The work program shall include: (1) Construction plans and specifications which have been certified by a registered architect or engineer, or approved by the grantee's Public Works Director. (2) A schedule of completion for the project specifically listing the completion date for each project component and a final project completion date. (3) A detailed project budget. The project budget shall describe all labor and materials costs to be incurred to complete each component of the project. for each project component, the project budget shall list all intended funding sources, including the Conservancy's grant, and all other sources of monies, materials, or labor. The grantee shall review the plans on -site with Conservancy staff. If any portion of the construction to be funded under this agreement will be performed by third parties ("contractors") under contract with the grantee, prior to initiating any request for contractor bids, the grantee shall submit for review and written approval of the Executive Officer the bid package including construction plans and specifications which have been certified or approved as described above. Upon approval by the Executive Officer, the grantee shall proceed with the bidding process. Prior to final selection, the grantee shall submit to the Executive Officer for written approval the names of all contractors that the grantee intends to hire. The grantee shall comply with the above paragraph regarding submission and approval of a work program prior to construction. The work program shall have the same force and effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall construct the project in accordance with the approved work program. 11 City of Morro Bay Grant Agreement No. 91-055 Page 5 SIGNS The grantee shall erect signs visible from the nearest public roadway directing the public to the project. In addition, the grantee shall erect placards acknowledging Conservancy assistance, unless the grantee incorporates this acknowledgement into other signage in a manner approved by the Executive Officer. The Conservancy shall provide placards to the grantee for this purpose. Plans describing the number, design, placement, and wording of the signs and placards shall be submitted to the Conservancy for review and written approval prior to construction of the project. Final reimbursement may be withheld by the Conservancy pending placement of the signs and placards in the manner approved by the Conservancy. BONDING AND LIEN RELEASE If the grantee intends to use any contractor(s) on any portion of the project to be funded under this agreement, construction shall not begin until each such contractor has furnished a performance bond in favor of the Conservancy and the grantee, in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement shall not apply to any contract for less than $20,000. The Conservancy shall not disburse to the grantee payment for obligations incurred by the grantee with respect to any contractor or subcontractor of the grantee until the grantee submits to the Conservancy a lien release with respect to the work invoiced (and complies with the other prerequisites to payment under this agreement). COSTS AND DISBURSEMENTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, the Conservancy shall disburse to the grantee, in accordance with the approved project budget, a total amount not to exceed the amount of this grant, as follows: Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon satisfactory progress in accordance with the approved work program and upon the grantee's submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent withheld shall be made upon the grantee's satisfactory completion of construction of the project and compliance with the "PROJECT COMPLETION" section of this agreement, and upon the Conservancy's acceptance of the project. City of Morro Bay Grant Agreement No. 91-055 Page 6 COSTS AND DISBURSEMENTS (Continued) The grantee shall request disbursements by filing with the Conservancy fully executed "Request for Disbursement" forms (available from the Conservancy). The grantee shall include on the forms its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description of all work done for which disbursement is requested. The forms shall be signed by an authorized official of the grantee. Each form shall be accompanied by any supporting invoices or other source documents from contractors that the grantee engaged to complete any portion of the project funded under this agreement, and by written substantiation of completion of the portion of the project for which disbursement is requested. With each form the grantee shall also submit a supporting progress report summarizing the current status of the project and comparing it to the status required by the work program (budget, timeline, tasks, etc.). Failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee unless and until all deficiencies in the form are rectified.. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The grantee shall expend funds in the manner described in the approved project budget. The allocation of the Conservancy's total grant among the items in the project budget may vary by as much as ten percent without approval by the Executive Officer. Any difference of more than ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION Within ninety days of completion of construction of the project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report which includes: (1) An inspection report by a registered architect or engineer or the grantee's Public Works Director certifying completion of the project according to the approved work program. (2) A fully executed final "Request for Disbursement" form. (3) "As built" drawings of the completed project. City of Morro Bay Grant Agreement No. 91 055 Page 7 PROJECT COMPLETION (Continued) Within thirty days of grantee's compliance with this paragraph, the Conservancy shall determine whether the project has been satisfactorily completed. If the Conservancy determines that the project has been satisfactorily completed, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project shall be deemed complete as of the date of the letter of acceptance. EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion of construction of the project, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. If the Conservancy terminates the agreement prior to the completion of construction, the grantee shall take all reasonable measures to prevent further costs to the Conservancy under this agreement, and the Conservancy shall be responsible for any reasonable and non -cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this agreement. If the grantee fails to complete the project in accordance with this agreement, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this agreement. OPERATION AND MAINTENANCE The grantee shall maintain the facilities and structures constructed as part of the project and shall operate these facilities and structures throughout the term of this agreement consistent with the purposes for which the Conservancy's grant was made. The grantee agrees to assume all operation and maintenance costs of these facilities and structures; the Conservancy shall not be liable for any cost of such maintenance, management, or operation. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the Executive Officer. For purposes of this agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and expenses necessary to produce gross revenues. "Maintenance costs" include City of Morro Bay Grant Agreement No. 91-055 Page 8 OPERATION AND MAINTENANCE (Continued) ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. INSPECTION Throughout the term of this agreement, the Conservancy shall.have the right to inspect the project area to ascertain compliance with this agreement. LIABILITY The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. This agreement supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section . 895.4. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. Throughout the term of this agreement, the grantee shall provide and maintain public -liability and property -damage insurance for liability assumed by the grantee under this agreement with minimum limits of liability as follows: A single limit for bodily injury (including death) and property damage liability combined of $1,000,000 each occurrence and $1,000,000 in the aggregate. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The liability insurance pplicy shall contain an endorsement specifying that: (a) The State of California, its officers,.agents and employees are included as additional insureds for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. Is City of Morro Bay Grant Agreement No. 91-055 Page 9 LIABILITY (Continued) (b) The policy will not be cancelled or reduced in coverage without thirty days' prior written notice to the Conservancy. The Conservancy is not responsible for premiums and assessments on any insurance policy. LOSS INSURANCE Throughout the term of this agreement, the grantee shall provide and maintain insurance against fire, vandalism and other loss,,damage, or destruction of the facilities or structures constructed pursuant to this agreement. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty days' prior written notice to the Conservancy. The Conservancy is not responsible for premiums and assessments on any insurance policy. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain standard financial accounts, documents, and records relating to the construction of the project. The grantee shall retain these documents for three years following the date of final disbursement by the Conservancy under this agreement, regardless of the termination date. The documents shall be subject to examination and audit by the Conservancy and the Auditor General during this period. The grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The grantee and its contractors shall insure that the evaluation and treatment of their employees and applicants fpr employment are free of such discrimination. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations (California Code of Regulations Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 City of Morro Bay Grant Agreement No. 91-055 Page 10 NONDISCRIMINATION (Continued) of Title 2 of the California Code of Regulations), are incorporated into this agreement. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts entered into by the grantee to perform work provided for under this agreement. INDEPENDENT CAPACITY The grantee, and the agents and employees of grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT Without the written consent of the State, this agreement is not assignable by the grantee in whole or in part. TIMELINESS Time is of the essence in this agreement. AMENDMENT Except as expressly provided in this agreement, no changes in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Alameda, El l: I STATE COASTAL CONSERVANCY Project Summary . December 6, 1991 LOCAL MARINE FISHERIES IMPACT PROGRAM File No.: 88-050 Program Managers: Marc Beyeler and Joan Cardellino REQUESTED ACTION: Authorization to take the following actions to implement the Vessel and Gear Staging and Repair Space Program element of the Local Marine Fisheries Impact Program (Chapter 5.5 of Division 25 of the Public Resources Code, Sections 35060 el seq.): a. Disburse to the Port San Luis Harbor District an amount not to exceed one hundred, seventy-five thousand dollars ($175,000) to improve several commercial fishing vessel repair facilities within the harbor; b. Disburse to the City of Morro Bay an amount not to exceed three hundred twenty-five thousand dollars ($325,000) to construct a commercial fishing gear storage area within the city; and C. Purchase storage containers for an amount not to exceed thirty thousand dollars ($30,000) for purposes of improving and operating a commercial fishing gear storage area in Santa Barbara. LOCATION: Southern California, various harbor locations (Exhibit 1) PROGRAM CATEGORY: Urban Waterfronts COST: Total Program Funds Appropriated: 51,000,000 Total Recommended Authorization for this phase: $530,000 Net Conservancy Cost: '0- PROJECT SUMMARY: For the past two and one-half years, Conservancy staff has been working to implement the Vessel and Gear. Staging and Repair Space Program of the Local Marine Fisheries Impact Program (LMFIP) which would establish commercial fishing gear storage and vessel repair facilities at several locations in Southern California. In 1988, the Legislature enacted Chapter 5.5 of Division 25 of the Public Resources Code, Section 35060 et seq. authorizing the Environmental Affairs Agency to address the cumulative impacts on the commercial fishing industry resulting from the development of oil and gas resources along the state's coastline. The purpose of the program is to improve vessel and gear storage and repair facilities for the commercial fishing J-1 1. EXHIBIT Q industry to offset the competition for vessel space and staging and repair facilities stemming from offshore oil and gas dr.",91OP- mcnt. Public Resources Code Section 35062(b) authorizes the Environ- mental Affairs Agency to enter into interagency agreements end to award grants to state agencies to implement a Vessel and Oar Staging and Repair Space `Program. The Conservancy and the Environmental Affairs Agency have entered into an interagency agreement whereby the Conservancy is responsible for implement- ing this program element. Pursuant to the agreement, the Conservancy contracted with the Marine Science Institute of the University of California, Santa. Barbara to conduct a facility siting analysis of vessel and gtar staging and repair facilities. Several potential facility improve- ments were identified in this assessment, including facilities in Morro Bay, Port San Luis, Santa Barbara, Ventura Harbor, Channel Islands Harbor, and San Pedro. The second step in implementation of the vessel and gear staging and repair space program was the development of site plans, and planning and environmental assessments of the various facilities. The Conservancy staff and the Conservancy's engineering consul- tant, Moffatt and Nichol Engineers, have prepared plans and designs for each proposed facility. Previously, project site plans and environmental assessments for four proposed gear storage facilities were completed, including facilities in Santa Barbara, Ventura Harbor, Channel Islands Harbor, and San Pedro. In June 1990, the Conservancy approved funding for these projects. The required environmental and planning assessments have been completed for projects in the final two harbor locations in Morro Bay and Port San Luis. Conservancy staff is recommending appro- val for these additional facilities in this staff recommendation. In addition; staff requests authorization to obtain container storage units for the already approved Santa Barbara gear storage yard to complete the planned improvements to this facility. I J-2EXHIBIT Qxq STATE COASTAL CONSERVANCY Staff Recommendation December 6, 1991 LOCAL MARINE FISHERIES IMPACT PROGRAM File No.: 88-050 Program Managers: Marc Beyeler and Joan Cardellino STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following resolution, pursuant to Public Resources Code Sections 31300 et seq.: "The State Coastal Conservancy hereby: a. Authorizes disbursement to the Port San Luis Harbor District of an amount not to exceed one hundred seventy-five dollars (S175,000) to improve several commercial fishing vessel repair facilities within the harbor; b. Authorizes disbursement to the City of Morro Bay of an amount not to exceed three hundred twenty-five thou- sand dollars (5325,000) to construct a commercial fishing gear storage area within the city; and C. Authorizes the purchase of storage containers for an amount not to exceed thirty thousand dollars ($30,000) for the purpose of operating a commercial fishing gear storage area in Santa Barbara." Staff further recommends that the Conservancy adopt the following findings in support of the recommended resolution, on the basis of the analysis and exhibits provided in this staff recommendation: "The State Coastal Conservancy hereby finds that: 1. Participation in the Vessel and Gear Staging and Repair Space Program element of the Local Marine Fisheries Impact Program is consistent with Chapter 7 (Urban Waterfronts) of the Conservancy's enabling legislation (Public Resources Code Sections 31300 et seq.) directing the Conservancy to help protect the state,'s commercial fishing industry; and 2. Participation in the Vessel and Gear Staging and Repair Space Program element is consistent with the authority of the Conservancy under Public Resources Code Section 31302, to coordinate the activities of other state J-3 rillll a' and federal agencies that have programs affecting the state's waterfronts." STAFF DISCUSSION: Program Description: Staff recommends that the Conservancy authorize funding for projects at Port San Luis, Morro Bay, and Santa Barbara, complet- ing program funding for Element 2 of the Local Marine Fisheries Impact Program. The Local Marine Fisheries Impact Program (LMFIP) is the State of California's approach to addressing the effects of offshore oil and gas development on the commercial fishing industry. Element 2 of the LMFIP deals specifically with vessel and gear staging and repair space. In 1989, the Conservancy and the Environmental Affairs Agency entered into an interagency agreement delegating to the Conser- vancy responsibility for implementing the vessel and gear program element. This agreement provides for the Environmental Affairs Agency to reimburse the Conservancy for all costs incurred in program development and implementation. The Conservancy is authorized under this agreement to obtain the use of space and ; acilitics necessary for storage, working space, and staging and repair of commercial fishing vessels and gear. As the first step in the implementation of the vessel and gear program, the Conservancy contracted with the Marine Science Institute of the University of California, Santa Barbara to conduct a facility siting analysis of vessel and gear staging and repair facilities. Several potential sites were identified in this assessment, including facilities in Morro Bay, Port San Luis, Santa Barbara, Ventura Harbor, Channel Islands Harbor, and San Pedro. The second step in implementation of the vessel and gear program was the development of site plans and completion of planning and environmental assessments of the various sites. The Conservancy's engineering consultant. Moffatt and Nichol Engineers, has pre- pared concept site plans for the proposed facilities and Conser- vancy staff has undertaken, in conjunction with our engineering consultant and local project sponsors, the required environmental assessments. Initial project development funding was authorized by the Conservancy in June 1990 for four gear storage and related gear repair facilities, including facilities to be developed in Santa Barbara, Ventura Harbor, Channel Islands Harbor, and San Pedro (Exhibit 4). The required environmental and planning assessments have now been completed for two additional proposed sites, one each in Morro Bay and Port $an Luis. Staff is recommending funding be authorized for the projects in Port San Luis and Morro Bay, and additional funding be authorized for the Santa Barbara project. L J-4 EXHIBIT A ' L I Project Descriptions: Santa Barbara: The project previously approved for funding will make improvements to a vacant lot, creating a year-round gear storage area near Santa Barbara Harbor. Specific improvements will include gravel surfacing and fencing to accommodate approximately 25storagc spaces.The additional proposed funding will allow storage containers to be purchased and installed on the site.The Conservancy has ]cased the property, has contracted with the State Architect for engineering and construction services, and is currently negotiating with a local fisherman's association to contract for management of the facility. Port San Luis: The proposed project involves three improvements to existing harbor facilities to accommodate vessel repair, including replacement of an existing hoist, construction of a floating work dock, and the addition of an accessory dock and fender system for the mobile boat hoist facility (Exhibit 2). Morro Bay: The proposed project involves construction of a commercial fishing gear storage area, including grading, fencing, paving and construction of a small gear storage building at a site nearby to the Harbor (Exhibit 3). FUNDING SUMMARY: Total Vessel and Gear. Program Funding $1,000,000.00 Previous Reimbursements 462,752.00 Available Funds 637,247.50 Proposed Authorizations 530,000.00 Net Conservancy Cost _0 CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: Participation in the LMFIP is consistent with the Conservancy's enabling legislation for urban waterfronts (Chapter 7 of Public Resources Code Sections 31300-31314). which directs the Conser- vancy to coordinate actions of state and federal agencies operat- ing programs affecting the state's waterfronts (Public Resources Code Section 31302). and which declares policies in'favor of urban waterfront development. The projects fulfill this policy goal by aiding in the enhancement and modernization of coastal dependent industry (Public Resources Code Section 31301). CONSISTENCY WITH CONSERVANCY'S PROGRAM GUIDELINES: Participation in the LMFIP is consistent with the urban water- froat program guidelines which allow the Conservancy to Partici- pate in projects which seek to meet regional needs, provide for comprehensive programs and involve the cooperation of all interested parties. Specifically, each of these projects meets the following program criteria: EXHIBIT A ' Greater than local need: The &car storage facilities are part of the state's overall effort to mitigate impacts of offshore oil and gas development on the commercial fishing industry. Urgency: The need for gear storage facilities in the south central coast area has long been unmet. Providing low cost, conveniently located gear storage and staging areas will greatly facilitate the operations of the commercial fishing industry. Comprehensiveness: By working with six harbors along the south- central coast, the Conservancy has developed an approach to a regional problem which will satisfy industry and planning needs. Cooperation: Each gear storage project has the cooperation of the landowner and the local commercial fishing industry participants, and satisfies local zoning and planning requirements. COMPLIANCE WITH CEQA: Pori San Luis: This project involves minor repairs of existing public facilities and is categorically exempt from CEQA under 14 California Code of Regulations Sections 15302 and 15311: Replacement of Existing Facilities (the hoist) and Construction of Accessory Structures (floating work dock; dock and fender improvements for boat haul -out). )Morro Bay: This project involves the construction of small structures and the minor alteration to land and is categorically exempt from CEQA under 14 California Code of Regulations Sections 15303 and 15304: Construction of Small Structures and Minor Alterations to Land. The project requires a minor amount of fill in an already disturbed parcel and does not involve fill in sensitive habitat, including any wetland area.The grading for the project will not occur in the wetland area. Upon approval, staff will file Notices of Exemption for the Port San Luis and Morro Bay projects. J-6 EXHIBIT A ' u NE SAN 51mrou LOW IONS M0�110 /A1 Avila Beach 0 Luis ODia PROJECT B'r SITES' FORT SAN U45 L Mao W 0 c� M 7 Y- J-7 0 SAN LUIS OBISPO ACM CO - AM curs s /AMiA IA11/A/A � rviMi /aL SA AR A ►Y/1/I III POINT EXHIBIT A 4 rpidt SAN Lois l' q C I F / C HWFORD Plp fl0nhu wow Day- O C s-a E 4 iV q INIM) I P.D. 80X 24q • AvILA BEALN GA a3424 j °"� 0Z "" PORT SAN LUIS &, g l hAJA R LOCAL t1 �R If iE F 1SE {EW CS 1 M PtLT FFOGF-kK Z 8 PROJECT SITES a_ of 1 1-iP�R�OPD PIF.F- �4aol5T # 3 EXH16 I I J-9 EXHIBIT A i a wail T , �, , ' • '` ` , i r � Y� t � O � 2 v N C t 0 J-10 C."' Izq ll{ I P.D. 5M 2. tl • A\11LA BFK-q CA 91342A °"""iM°WA PORT SAN LUIS D't p' r /y✓ rr�r, Q �att�n w MOVILG HDIJT - UIJLf �! 1`G1 Vl- i _ o/ Z EXHIBIT A F� I �IZ9l�l oR..,.o wow � 5 5 _8 0 I ,_„ v Ta a P.O.l30XZ990 AVI l.A BEACH i A 9MZq PORT SAN LUIS N 'l CF-DPItQ'Z4hTINU WoF(-VX_K t EXHIBIT A ' HE =AM ►� rt, /Im101 '7m id, J-12 I'!N �Gli�i 6. .�t!:%�ie� :�jk�>jj�wY..ii.�'-�:MM.w`J'Y,r jam..\Y.: 4� � l�• � :-i.-vim . • _.T; •MOM e m I z lZ C) 7 J-13 H 130X241- AV1l.A b�,M-14 CA &IM-24 PORT SAN LUIS grzgr�i 7-41• AVIL.A65ALN CA IM24 PORT SAN LUIS �T opium A FIEF HCI5-r#3 MWI—FL N5NT ram' V E -1— fAuUIY 41-vv,: PLA-t) EXHIBIT A STATE COASTAL CONSERVANCY Project Summary June 22, 1990 LOCAL MARINE FISHERIES IMPACT PROGRAM File No.: 88-050 Program Managers; Marc Beycler and Joan Cardellino REQUESTED ACTION: Authorization to take the following actions to implement the Vessel and Gear Staging and Repair Space Program element of the Local Marine Fisheries Impact Program (LMFIP): a. Authorization to disburse to the Ventura Port District an amount not to exceed one hundred fifty thousand dollars (b150,000) to construct a commercial fishing &car storage area within the Ventura Harbor; b. Authorization to disburse to the County of Ventura an amount not to exceed forty thousand dollars ($40,000) to make improvements to an existing dock and wharf facility in the Channel Islands Harbor in order to facilitate gear haul -out and repair; C. Authorization to enter into a lease of property for a gear storage site in Santa Barbara; to contract for engineering and construction services for site improve- ments; and to contract for on -site operation and management in it total amount not to exceed one hundred tea thousand dollars ($110,000) for purposes of improving and operating a commercial fishing gear storage area in Santa Barbara; and d. Authorization to disburse to the Port of Los Angeles an amount not to exceed one hundred thousand dollars ($100,000) to construct a commercial fishing gear storage area within the Los Angeles Harbor; LOCATION: Southern California, various harbor locations (Exhibit 1) PROGRAM CATEGORY: Urban Waterfronts FINANCIAL SUMMARY: Total Program Funds: Ventura Channel Islands Santa Barbara San Pedro LMFIP Projects Total: Administration $150,000 40,000 130,000 100.000 $1,000.000 400,000 60,000 Net Conservancy Cost: -0- 1 J-16 EXHIBIT A ' PROJECT SUMMARY: For the past year and one-half, Conservancy staff have been working to implement Element 2 of the Local Marine Fish- eries Impact Program which would establish a series of gear stor;,c and vessel repair areas at several locations in Southern California (Exhibit 2). In 1980, the Legislature enacted the Local Marine Fisheries Impact Program (Chapter 5.5 of Division 25 of the Public Resources Code, Section 35060 el seq.) authorizing the Environmental Affairs Agency to address the cumulative impacts on the commercial fishing industry resulting from the development of oil and gas resources along the state's coastline. Public Resources Code Section 35062(b) authorizes the Environmental Affairs Agency to enter into interagency agreements and to award grants to state agencies to imple- ment a Vessel and Gear Staging and Repair Space Program. The purpose of the program is to obtain docking, storage, and working space for the commercial fishing industry to offset the competition for vessel space and staging and repair facilities stemming from offshore oil and gas develop- ment. Because of the Conservancy's existing role in assisting in the development of similar waterfront facilities, the Conservancy and the Environmental Affairs Agency have entered into an interagency agreement whereby the Conser- vancy is responsible for implementing this program element. The Conservancy contracted with the Ocean and Coastal Policy Center of the University of California, Santa Barbara to conduct a facility siting analysis of vessel and &car staging and repair facilities. Several potential sites were identified in this assessment, including facilities in Morro Bay, Port San Luis, Santa Barbara, Ventura Harbor, Channel Islands Harbor, and San Pedro. The next step in implementation of the program was the development of site plans, and planning and environmental assessments of the various sites. The Conservancy's engi- neering consultant, Moffatt and Nichol Engineers; has pre- pared concept site plans for each proposed facility. Conser- vancy staff have undertaken, in conjunction with our con- sultant, the required environmental assessments of the various sites. Currently, project site plans and environmental assessments for four proposed gear storage facilities are complete, including facilities to be developed in Santa Barbara, Ven- tura Harbor, Channel Islands Harbor, and San Pedro. The required environmental and planning assessments are not yet complete for two additional proposed sites, one each in Morro Bay and Port San Luis. Upon completion of the necesary evaluations, these projects will be brought to the board for review and approval at a future date. J-17 EXHIBIT STATE COASTAL CONSERVANCY Staff Recommendation June 22, 1990 LOCAL MARINE FISHERIES IMPACT PROGRAM File No-- 88-050 Program Managers: Marc Beyeler and Joan Cardellino STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following resolution, pursuant to Public Resources Code Sections 31300 et seq.: "The State Coastal Conservancy hereby: a. Authorizes the disbursement to the Ventura Port District of an amount not to exceed one hundred fifty thousand dollars ($150,000) to construct a commercial fishing gear storage area within the Ventura harbor; b. Authorizes the disbursement to the County of Ventura of an amount not to exceed forty thou- sand dollars (S40,000) to make improvements to the existing Channel Islands dock and wharf facility in order to facilitate gear haul -out and repair; C. Authorizes the Executive Officer to enter into a lease of property for a gear storage site in Santa Barbara; to contract for engineering and construc- tion services for site improvements; and to con- tract for on -site operation and management, in a total amountnot to exceed one hundred ten thousand dollars (S)10,000), for purposes of im- proving and operating a commercial fishing gear storage facility in Santa Barbara; d. Authorizes the disbursement to the Port of Los Angeles of an amount not to exceed one hundred thousand dollars ($100,000) to construct a com- mercial fishing gear storage area within the Los Angeles harbor; and C. Approves the Negative Declarations for the Santa Barbara and Ventura Harbor Projects, attached as Exhibits 4 and 5 respectively, to the accompany- ing staff recommendation.` Staff further recommends that the Conservancy adopt the following findings in support of this resolution, on the basis of the analysis and exhibits provided in this staff report: J-16 EXHIBIT A--4 "The State Coastal Conservancy hereby finds that: 1. Participation in the. Vessel and Gear Staging and Repair Space elertent of the Local Marine Fisher- ies impact Program will help to protect the Slate's commercial fishing industry, consistent with Chapter 7 of the Conservancy's enabling legislation (Public Resources Code Sections 31300 et seq.), promoting the restoration of urban waterfronts; 2. Participation in the Vessel and Gear Staging and Repair Space element is consistent with the authority of the Conservancy under Public Re- sources Code Section 31302, to coordinate the activities of other state and federal agencies that have programs affecting the state's waterfronts; 3. The Conservancy has reviewed the Environmental Impact Report and Addendum to the EIR prepared by the County of Ventura for the Channel Islands Harbor Development and construction of the commercial fishing wharf respectively, attached to the accompanying staff recommendation as Exhibit 3, and finds that there is no evidence that the Channel Islands Harbor project will have a signi- ficant effect on the environment as defined in 14 California Code of Regulations Section 15382; 4. The Conservancy has reviewed the Initial Study and proposed Negative Declaration for the Santa Barbara project attached to the accompanying staff recommendation as Exhibit 4, and finds that there is no evidence that the project will have a significant effect on the environment as defined in 14 California Code of Regulations Section 15382; and 5. The Conservancy has reviewed the Initial Study and proposed Negative Declaration for the Ven- tura Harbor Project attached to the accompanying staff recommendation as Exhibit 5, and finds that there is no evidence that the project will have a significant effect on the environment as defined in 14 California Code of Regulations Section 5382." STAFF DISCUSSION:r Project History- Staff is recommending that the Conservancy authorize the development of commercial fishing gear storage areas at several waterfront sites in Southern California which would it partially implement Element 2 of the Local Marine Fisheries Impact Program (Exhibit 1). The Local Marine Fisheries J—I9 EXHIBIT A " Project Descriptioas- Impact Program is the State of California's approach to mitigating the effects of offshore oil and gas development on the commercial fishing industry. Element 2 of the pro- gram deals specifically with vessel and &car staging and repair space (Exhibit 2). In 1989, the Conservancy and the Environmental wheirs reby Agency entered into an interagency agreement Conservancy is responsible for implementing this program element. This agreement provides for the Environmental Affairs Agency to reimburse the Conservancy for all costs incurred in program development and implementation. The Conservancy is authorized under this agreement to obtain the use of apace and facilities necessary for storage, work- ing space, and staging and repair of commercial fishing vessels and gear. As the first step in the implementation of the program, the Conservancy contracted with the Ocean and Coastal Policy Center of the University of California, Santa Barbara, to conduct a facility siting analysis of vessel and gear staging and repair facilities. Several potential sites were identified in this assessment, including facilities in Morro Bay, Port San Luis, Santa Barbara, Ventura Harbor, Channel Islands Harbor, and San Pedro. The second step in implementation of the program was the development of site plans and completion of planning and environmental assessments of the various sites. The Con- servancy's engineering consultant, Moffatt and Nichol Engi- neers, has prepared concept site plans for each proposed facility and Conservancy staff have undertaken, in conjunc- tion with our engineering consultant and local project sponsors, the required environmental asscssmcnts. At this time, project site plans and environmental assess- ment of four proposed gear storage and related gear repair facilities have been completed, including facilities to be developed in Santa Barbara, Ventura Harbor, Channel islands Harbor and San Pedro. The required environmental and planning assessments have not been completed for two additional proposed sites, one each in Morro Bay and Port San Luis. Upon completion of the necessary evaluations, these projects will be brought to the Board for review and approval. Ventura Port District. Funds would be disbursed to the Port District for final engineering and construction of the pro - .posed improvements as indicated in the concept site plan Prepared for the 'Conservancy by the engineering consul- tants. The proposed project would make improvements to the existing gear storage yard to maximize use of apace and increase the utility of the yard. Specific improvements would include paving and fencing. Management of the storage yard J-20 ,_ �XH1Bli A would continue to be handled by the local fishermen. It is estimated that a total of approximately fifty storage spaces could be accommodated on the site (Exhibit 6). Chanuel Islands Wharf: The proposed project would make funds available to the County of Vcntu:a for improvements to an existing commercial fishing wharf to allow for vessel and gear haul -out and repair. Specific improvements would include a second hoist and dock improvements to facilitate haul -out of fishing gear (Exhibit 7). Saota Barbara: The proposed project would make improve- ments to a vacant lot. Specific improvements would include gravel surfacing and fencing to accommodate approximately 25 storage spaces. The Conservancy would lease the proper- ty, contract for engineering and construction services, and also contract for management of the facility by a fisher- men's association (Exhibit 8). Port of Los Angeles: Similar to the gear storage project in the Ventura Harbor, the Port of Los Angeles would con- struct the proposed improvements as indicated in the con- cept site plan. Specific improvements would include new fencing and paving. Management of the storage facility will be handled by the local fishermen's association. A total of 'approximately forty storage spaces could be accommodated on the site (Exhibit 9). FINANCIAL SUMMARY: Total Program Funds: $1,000,000 Current Proiects Ventura $150.000 Channel Islands 40,000 Santa Barbara 110,000 San Pedro .100,000 LMFIP Projects Total: $400,000 Administration 60.000 Remaining Program Funds: $540,000 Remaining Proiect Needs Port San Luis $150,000 Morro Bay Z00 000-350.000 Remaining Projects Total: $350,000-SOO,OOD Remaining Administration 40.000 Remaining Program Funds: $1SQ,000- Net Conservancy Cost: "0- CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: Participation in this program is consistent with the Conser- vancy's enabling legislation for urban waterfronts (Chapter 7 of Public Resources Code Sections 31300.31314) which dir- ects the Conservancy to coordinate actions of state and J-21 eXHIBI? A federal agencies operating programs affecting the State's waterfronts (Public Resources Code Section 31302) and which declares policies in favor of urban waterfront development. The projects fulfill this policy goal by aiding in the en- hancement and modernization of coastal -dcpendent industry (Public Resources Code Section 31301). CONSISTENCY WITH CONSERVANCY'S PROGRAM GUIDELINES: Participation in this program is consistent with the urban waterfront program guidelines which allow the Conservancy to participate in projects which seek to meet regional needs, provide for comprehensive programs and involve the cooper- ation of all interested parties. Specifically, each of these projects meets the following program criteria: Greater Than Local Need: The gear storage facilities are part of the state's overall effort to mitigate impacts of offshore oil and gas development on the commercial fishing industry. Urgency: The need for gear storage facilities in the south central coast area has reached a critical point. Appropriately zoned land in or close to existing harbors is scarce. By securing the identified parcels immediately, the Conservancy will ensure that these essential facilities are maintained in the coastal zone. Comprehensiveness: By working with six harbors along the south-central coast, the Conservancy has developed an approach to a regional problem which will satisfy industry and planning needs. Cooperation: Each gear storage project has the eoop6ation of the landowner and the local commercial fishing industry participants, and satisfies local zoning and planning require- ments. CONSISTENCY WITH CEQA: Ventura Port District: Conservancy staff prepared and circulated an Initial Study and Proposed Negative Declara- tion for the Ventura Port District project (Exhibit 5). The comment period ends on June 15, 1990. Any comments received (with responses) will be hand -carried to the Board Meeting. Staff recommends that the Conservancy find that there is no substantial evidence that the project will have a significant environmental effect. Channel Islands Harbor: The County of Ventura prepared an Environmental Impact Report on the larger Phase III Harbor development of Channel Islands Harbor and an Addendum consisting of an Initial Study evaluation of the construction J-22 EXHIBIT A of the commercial fishing wharf, of which this project, is one component. The Initial Study (Exhibit 3), concluded that the construction of the commercial fishing wharf would have no significant environmental effacts. Conservancy staff have reviewed the EIR. and Addendum, and recommend that the Conservancy concur in this finding. Santa Barbara: Conservancy staff prepared and circulated an Initial Study and Proposed Negative Declaration for the Santa Barbara project (Exhibit 4). The comment period ends on June 15, 1990. Any comments received (with responses) will be hand -carried to the Board Meeting. Staff recommends that the Conservancy find that there is no substantial evidence that the project will have a significant environ- mcntal effect. Port of Los Angeles: This project involves minor repairs of an existing public facility and is categorically exempt from CEQA under 14 California Code of Regulations Section 15301: Repair of Existing Facilities. Upon approval, staff will file a Notice of Determination for the above Negative Declarations and a Notice of Exemption for the Port of Los Angeles project. It J-23 Is EXHIBIT A as Ii RESOLUTION 96-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORR❑ BAY CDNFIRNING THE REPORT OF CITY STAFF REGARDING THE WEED ABATENENT PROCEDURE AND NAkING ASSESSNENTIS T H E C I T Y C❑ U N C I L City of Norro Bay, California WHEREAS, the City of Norro Bay Ordinance Title 8, Chapter 8.12 requires the abatement OF weeds and other nuisances on a yearly basis; and WHEREAS, weeds and other nuisances have been abated as per Title 8, Chapter 8.12 of the Norro Bay Nunicipal Code For the year 1992; NOW, THEREFORE, BE IT RESOLVED bg the City Council of the City of Norro Bay as Follows: 1. That no objections to said report and assessment have been made; Z. That the written report now being submitted to the City Council by City Staff setting forth an itemized report of the cost of abatement in front of or on each separate parcel of land where wort: was done bg the Contractor is herebg approved as submitted; 3. Said report shall be Filed in the Office of the City Clerk and said City Clerk. shall File a certified copg OF said report with the San Luis Obispo County Auditor on or before August loth of this year; and Ll The County Auditor shall thereupon enter each assessment on the County Tax Roll opposite the parcel of land, and shall thereupon proceed to collect such assessments in accordance with the provisions of Government Code Sections 39581 through 39508 inclusive. as r RESOLUTION NO. 96-92 PAGE TWO PASSED AND ADOPTED by the City Council of the City of Morro Bag at a regular meeting thereof held the 27th day of July, 1992, bg the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NCES: None ABSENT: None ATTEST: A DIIY DAMS City Clerk SE NAP.IE ShFEETZ, Mayor t I CIT`x' OF* P90RR❑ BAY 1392 WEED ABATEMENT CHARGES $18.75ihr $20lhr %201/cu.gd. Total Cost Assessor's Tractor Hand Cleared- Total plus 30% parcel time time disposed cost Admin. fee number Chrs.) (hrs.) Ccu.gds) C$) ($) 06S-046-033 1.0 3.0 3.0 138.75 180.3E CGS-OS7-CIO 1.0 11.0 4.0 178.7S 232.36 06S-OS7-036 110 3.0 6.0 198.75 2S8.38 06S-061-017 1.0 6.0 B.0 298.7S 388.3B 06S-066-014 2.0 3.0 100.00 130.00 065-066-023 4.0 3.0 140.00 182.00 06S-056-027 4.0 3.0 140.00 182.00 065-095-028 2.0 'f.0 6.0 237.50 308.76 OBS-095-032 2.0 4.0 6.0 237.50 306.75 OES-061-007 1.0 3.0 'f.0 158.75 206.38 066-114-004 1.0 3.0 S.0 179.7S 232.38 066-119-011 1.0 2.0 310 118.75 154.39 066-141-002 1.0 2.0 2.0 98.75 128.3E 066-222-068 1.0 310 4.0 1SB.7S 206.38 C66-254-010 1.0 3.0 4.0 156.75 206.38 OBS-253-003 1.0 2.0 3.0 118.75 154.30 066-159-019 1.0 2.0 4.0 138.75 180.38 058-231-008 2.0 5.0 6.0 2S7.S0 334.76 068-231-016 1.5 4.0 S.0 208.12 270.S6 06B-2S1-013 1.0 3.0 S.0 178.7S 232.38 068-2S1-014 1.0 3.0 5.0 178.75 232.38 068-252-022 1.0 4.0 5.0 198.75 258.38 068-252-039 1.0 'f.0 5.0 198.7S 2SB.39 068-2S3-021 1.0 4.0 S.0 198.75 258.38 068-253-028 1.0 6.0 8.0 298.75 3BB.3B OBB-253-036 S.0 4.0 190.00 234.00 068-2S3-041 1.0 4.0 S.0 198.75 2SB.38 CEB-253-04S 1.0 3.0 4.0 15B.75 206.38 068-254-030 1.0 4.0 5.0 198.75 2SB.3B 068-2S4-032 6.0 S.0 220.00 286.00 OEB-2S4-C33 1.0 4.0 S.0 19B.7S 2SB.3B 066-2S6-009 1.0 4.0 S.0 199.7S 2SB.38 06B-256-012 1.0 3.0 4.0 1SS.7S 206.3E 06B-25E-015 1.0 4.0 6.0 218.75 2B4.38 06B-258-016 1.0 3.0 6.0 198.75 2S8.3B 068-25B-024 1.0 3.0 S.0 178.7S 232.38 o6B-274-003 1.0 2.0 4.0 138.75 180.3E 068-276-007 S.0 3.0 160.00 206.00 OBB-322-016 4.0 6.0 200.00 260.00 068-322-C27 4.0 510 180.00 234.00 C66-3'f1-009 2.0 3.0 S.0 197.SO 2S6.76 068-351-OSO 2.0 3.0 6.0 217.50 282.76 06B-3S1-059 2.0 3.0 6.0 217.50 282.76 058-351-060 2.0 3.0 6.0 217.50 282.76 066-351-061 2.0 3.0 6.0 217.50 292.76 4S Parcels $8,373.12 $10,88S.20 R E S O LUT = ON NO _ • RESOLUTION SUPPORTING DISCOUNT SALE OF UNDERSIZED FRUIT TO LOW-INCOME CONSUMERS AND REPEAL OF FEDERAL AGRICULTURE REGULATIONS RESULTING IN DESTRUCTION OF SMALLER PRODUCE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, "marketing orders" create government -enforced agribusiness cartels in certain produce markets; and WHEREAS, marketing orders are established by committees of farmers for the purposes of controlling a steady flow of produce to the market and to raise commodity prices, thereby aiding farmers; and WHEREAS, marketing orders also establish minimum size stan- dards for fruit; and WHEREAS, marketing orders deny individual farmers the right to sell their product to Americans who want to buy it; inhibit innovation; deny them their constitutional rights to due process, free speech, and protection against the taking of private prop- erty without just compensation; and WHEREAS, it is estimated this year growers in the State of California will be required to dump over 500 million undersized peaches and nectarines; and WHEREAS, there is a market for undersized fruit to low- income communities at reduced prices; and WHEREAS, the U.S. Department of Agriculture enforces market- ing orders yet regulations allow the Secretary to the U.S. Department of Agriculture to eliminate any rule. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Coun- cil does hereby condemn the waste of a valuable commodity by dumping undersized fruit when hundreds of thousands of the nation's poor could benefit from obtaining nutritious produce at reduced prices; and BE IT FURTHER RESOLVED, that the Secretary of the Department of Agriculture is hereby petitioned to eliminate the market order banning the sale of undersized fruit; and, that the Federal 0: Resolution No. 95-92 Page Two Government conduct a thorough investigation into the U.S. Depart- ment of Agriculture and committees establishing the marketing orders to restore free enterprise in the farming industry. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 27th day of July, 1992 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk r� a / ROSE MARIE SHEETZ, Mayor I00 RESOLUTION NO. 94-92 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF A STOP SIGN ON MONTEREY AVENUE AT THE NORTHERLY INTERSECTION OF BEACH STREET T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, California Vehicle Code Section 21355 authorizes local agencies to erect stop signs at any location so as to control traffic within an intersection; and WHEREAS, stop signs currently exist on two legs of this three way intersection; and WHEREAS, it is in the best interest of public health and safety to control traffic on the remaining intersection leg. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that a stop sign be installed on the northerly leg of Monterey Avenue at Beach Street; and BE IT FURTHER RESOLVED the Department of Public Works be authorized and directed to install said stop sign and associated pavement markings. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof on the 27th day of July, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: ATTEST: ARDIT DAVIS, City Clerk WTB/LC:WTB92-1:94-92 0 00 RESOLUTION NO. 93-92 RESOLUTION AUTHORIZING THE APPLICATION FOR PROPOSITION 116 FUNDING FOR THE INSTALLATION OF BICYCLE LANES ON SOUTH BAY BOULEVARD T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Circulation Element of the City of Morro Bay's General Plan establishes bicycle lanes on South Bay Boulevard as the highest bikeway priority; and WHEREAS, the citizens of the State of California, by the adoption of Proposition 116 provide grant funding for the installation of bicycle lanes; and WHEREAS, bicycle lanes on South Bay Boulevard are of County -wide significance; and WHEREAS, the County of San Luis Obispo Engineering Department has offered its assistance as co -applicant for said grant funding in recognition of this significance; and WHEREAS, the installation of bicycle lanes on South Bay Boulevard will enhance alternative modes of transportation and are therefore of the utmost public value. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the installation of bicycle lanes on South Bay Boulevard are hereby approved for application for grant funding under the terms and conditions of Proposition 116; and BE IT FURTHER RESOLVED that the San Luis Obispo County Engineering Department be authorized to file appropriate grant application documents on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof on the 27th day of July, 1992, by the following vote: AYES: NOES: Baker, Luna, Mullen, Wuriu, Sheetz None ABSENT: None ATTEST• ;;�,� . ARDITH DAVIS, City Clerk WTB/LC:WTB92-1:93-92 A rA f�lA yea: f i ; OSE MARIE SHEETZ, Mayor i i L] RESOLUTION NO. 92-92 RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR PROJECT NO. PW 92- 01: DESALINATION DISCHARGE LINE TO R. BAKER, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the installation of a desalination discharge line terminating at the Pacific Gas & Electric power plant cooling water outfall is in the best interest of public health and welfare; and WHEREAS, the project has been duly advertised for bid; and WHEREAS, the lowest responsible bid was received from R. Baker, Inc. of Arroyo Grande, California, in the amount of $82,553.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California that the construction contract for Project No. PW92-01: Desalination Discharge Line is hereby awarded to R. Baker, Inc. in the amount of $82,553.00. BE IT FURTHER RESOLVED the Mayor of the City of Morro Bay is hereby authorized to execute contract documents on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof on the 27th day of July, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: ATTEST: ARDITH DAVIS, City Clerk WTB/LC:WTB92-1:92-92 F i ti 'OR RESOLUTION NO. 91 -92 A RESOLUTION OF INTENT TO FINANCE THE PURCHASE OF THE DESALINATION FACILITY FROM AQUA DESIGN, INC. AND THE CONSTRUCTION OF THE RELATED OUTFALL FACILITY RESCINDING AND REPLACING RESOLUTION #30-92 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay, (the "City") is a Municipal Corporation, and a general law City of the State of California; and WHEREAS, certificates of participation and lease/purchase agreements (collectively referred to herein as "tax-exempt debt") are permitted financing vehicles for general law cities under California law; and WHEREAS, by Resolution No. 13-91 on February 11, 1991, and Resolution No. 28-91 on March 25, 1991, the City Council of the City of Morro Bay declared a state of Local Water Supply Emergency due to drought conditions; and WHEREAS, in anticipation of the necessity to provide a temporary emergency supplemental water supply in the event the City's groundwater resources became further degraded due to continued drought conditions, it was determined to be in the best interest of public health, safety, and well-being to enter into an agreement (the "Agreement") with Aqua Design, Inc., to provide an emergency potable water supply; and WHEREAS, pursuant to the Agreement, a facility (the "Desalination Plant") was built, placed in service as of September 9, 1991, and was operated extensively during the contracted six month trial period, allowing the City to treat and deliver water which met State Health Standards during the 1991/92 Water Emergency; and WHEREAS, on March 20, 1991, the staff of the City prepared a report ("the Report") recommending that tax-exempt debt be issued to provide long-term financing of the Desalination Facility and that water rates be set at a level to assure payments of principal of, premium, if any, and interest on such tax-exempt debt; and WHEREAS, the City Council, by Resolution No. 40-91, dated April 20, 1991, set water rates sufficient to amortize, over a I�ten-year period, tax-exempt debt with an assumed principal amount of not less than $3,800,Ooo to be issued for the purposes of (a) acquiring and financing the Desalination Plant and (b) financing related costs; and WHEREAS, from April 21, 1991 to February 28, 1992, the City paid $82,983 for engineering, surveying, and soil testing costs ("Preliminary Costs"), relating to the Desalination Plant; and WHEREAS, the City intends to pay $3,454,359 on March 10, 1992, to acquire the Desalination Plant ("Acquisition Costs"); and WHEREAS, the City intends to construct an Outfall facility, at a cost of $262,658; and WHEREAS, the City has not, as of the date of this Resolution, issued any short-term taxable or tax-exempt debt or obligation for the stated purpose of financing costs relating to the Desalination Plant; and WHEREAS, from April 21, 1991, to the date hereof, no funds were, or were reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City (or any entity that is part of the same "controlled group" as the City, as such term is used in Treasury Regulations Section 1.150-1 (f)), to 40 finance costs and expenditures relating to the Desalination Plant that are described herein; and WHEREAS, the City intends to issue (or to have issued on its behalf) tax exempt debt (referred to herein as "Tax exempt Obligations") on or before September 8, 1992, to provide for the long-term financing for the Preliminary Costs and Acquisition Costs described herein and to provide for the long-term financing of other valid Desalination Plant costs and of valid Tax Exempt Obligation issuance, administrative, and reserve fund/costs. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay: (a) That this Resolution shall constitute "a declaration of official intent" for the purposes of Treasury Regulations Section . 1.103-18. (b) That the Desalination Plant is a reverse -osmosis treatment plant with a total capacity of 400 gpm, and expansion capacity to 800 gpm. The treatment process includes cartridge pre -filtration of brackish or raw seawater, injection of anti -scaling chemical, removal of salt by high-pressure reverse osmosis, reduction of corrosiveness by addition of calcium carbonate and sodium hydroxide, and disinfection by injection of liquid chlorine. The plant is located on City -owned land adjacent to the City Corporation Yard, on Atascadero Road. (c) That the City reasonably expects (1) that the costs and expenditures described in this Resolution will be reimbursed with proceeds of the Tax Exempt Obligations to be issued by, or on behalf of, the City; (2) that such Tax Exempt Obligations will provide long-term financing for the costs and expenditures described herein that relate to the Desalination Plant or the Tax Exempt Obligations, and; (3) that such Tax Exempt Obligations will provide long-term financing for other costs and expenditures which will be paid in the future and which will relate to the Desalination Plant or the Tax Exempt Obligations. (d) That the City reasonably expects that the Tax Exempt Obligations will be issued on or before September 8, 1992, and that all reimbursement allocations relating to proceeds of the Tax Exempt Obligations will be made on or before September 8, 1992. (e) That the City reasonably expects that the maximum principal amount of the Tax Exempt Obligations will be $4,430,000. (f) That, except as described herein, the City reasonably expects that no funds other than proceeds of the Tax Exempt Obligations will be reserved, allocated on a long term basis, or otherwise set aside by the City (or by any entity that is part of the same "controlled group" as the City) to finance costs and expenditures relating to the Desalination Plant and the Tax -Exempt Obligations that are described herein. PASSED AND ADOPTED By the City Council of the City of Morro Bay at a regular meeting held thereof this 13th day of July, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk 11 /11� 4 Z ROSE MARIE SHEETZ, May RESOLUTION NO. 90-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF EXECUTIVE EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et. seclu. and Resolution 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 Executive Employees; and WHEREAS, the meetings between the Executive Employees and the City have resulted in a mutual agreement and understanding to recommend that the Executive Employees accept all of the terms and conditions as set forth in a Contract, attached and made a part of this resolution herewith; and NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Contract as lb attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 27th day of July 1992, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuiru, Sheetz NOES: None ABSENT: None ATTEST: Ardith Davis, City Clerk Is Rose Marie Sh&dtz, Mayor. AGREEMENT FOR PROFESSIONAL SERVICES EXECUTIVE PERSONNEL fATHIS AGREE4E2rr made and entered into this day of 19 , by and between the CITY OF MORRO BAY, State of California, a municipal corporation, hereinafter called the "CITY," as party of the first part, and hereinafter called "employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, the CITY desires to employ the services of said EMPLOYEE as of the CITY as provided by the Municipal Code of Ordinances of the City of Morro Bay; and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, and to set forth conditions of said EMPLOYEE; and WHEREAS, it is the desire of the City Administrator to: 1. secure and obtain the services of EMPLOYEE, and to provide inducement for him/her to remain in such employment; 2. to make possible full work productivity by assuring EMPLOYEE's morale and peace of mind with respect to future security; and 3. to provide a just means for terminating EMPLOYEE'S services at such time as he/she may be unable to fully discharge his/her duties due to age or disability or when CITY may desire to otherwise terminate his/her employ; and WHEREAS, EMPLOYEE desires to accept employment as of said CITY; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES AND RESPONSIBILITIES CITY hereby agrees to employ said EMPLOYEE as of said CITY to perform the functions and duties specified in said Municipal Code of Ordinances, and to perform such other legally permissible and proper duties and cuncticns as the City Administrator shall from time to time assign. SECTION 2. TERM a. Nothing in aterf ere with this Agreement the right shall prevent, limit, or otherwise of the City Administrator to terminate the 1 services of EMPLOYEE at any time, subject only to the provisions set Is forth in Section 3, paragraphs (a), (b), and (d) of this Agreement. b. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYEE to resign at any time from his/her position with CITY, subject only to the provisions set forth in Section 3, paragraph (c) of this Agreement. c_ EMPLOYEE agrees to remain in the exclusive employ of CITY until the day of , 19 ; provided, however, that the term "exclusive employ" shall not prohibit part-time employment which the EMPLOYEE might desire to accept with appropriate prior knowledge and written approval of the City Administrator. Such part-time employment shall not in anyway conflict in time or interest with the EMPLOYEE's responsibilities to the CITY. Unless exceptional circumstances exist, such part-time employment shall not exceed ten hours per week. d. In the event written notice is not given by either party to this Agreement to the other thirty (30) days prior to the termination date as hereinafter provided, this Agreement shall be extended on the same terms and conditions as herein provided on a month -to -month basis in all respects, and in all provisions hereof until EMPLOYEE is terminated in accordance with Section 3, or a new Agreement is negotiated and executed. • e. The terms and conditions set forth in this Agreement shall remain in effect until 30 June 1994. SECTION 3. TERMINATION AND SEVERANCE PAY a. In the event EMPLOYEE is terminated by the City Administrator before expiration of the aforesaid term of employment, and during such time that EMPLOYEE is willing and able to perform the duties of then, and in that event, the CITY agrees to pay EMPLOYEE a lump sum cash payment equal to two (2) months current salary; provided, however, that in the event EMPLOYEE is terminated for cause by the City Administrator, then, and in that event, CITY shall have no obligation to pay the severance sum designated in this paragraph. b. In the event CITY at any time during the employment term reduces the salary or financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-board reduction for all CITY employees, or in the event the CITY refuses, following written notice, to comply with any other provision benefiting EMPLOYEE herein, then and in that event EMPLOYEE may at his/her option, be deemed to be "terminated" at the date of such reduction, or such refusal to comply within the meaning and context of the herein severance pay provision. All pay raises for executive employees shall be based on merit and approved by Council on the recommendation of the City Administrator. The failure . to grant EMPLOYEE a pay raise above the amount specified in Section 4 shall not be considered a termination action under Section 3 (a). E C. In the event EMPLOYEE voluntarily resigns his/her position wit the CITY before expiration of the aforesaid term of employment, t EMPLOYEE shall give the CITY 30 days written notice in advance. d. The City Administrator has the sole authority to appoint and terminate said EMPLOYEE in the City of Morro Bay. This is to insure continuity of service and proper chain of command in the personnel process. In the event the present City Administrator separates from employment with the City of Morro Bay and a new acting and/or permanent City Administrator is appointed in his place, said City Administrator shall not remove EMPLOYEE for a period of 90 days following the administrator's appointment. This provision is to give the City Administrator time to acquaint himself/herself with the ability and competence of said EMPLOYEE prior to any action to terminate said EMPLOYEE. SECTION 4. SALARY The CITY agrees to pay EMPLOYEE for his/her services rendered pursuant hereto an annual base salary of $ effective payable in installments at the same time as other employees of the CITY are paid. In addition CITY agrees to increase said base salary as outlined below: YEAR INCREASE 1 July 1992 0 1 July 1993 To be determined. and/or other benefits of EMPLOYEE in such amounts and to such an extent as the City Council may determine that it is desirable to do so on the basis of an annual salary review of said EMPLOYEE, based upon the recommendation of the City Administrator and performance appraisal of said EMPLOYEE. SECTION 5. HOURS OF WORK a. It is recognized that EMPLOYEE must devote a great deal of his/her time outside normal office hours without benefit of paid overtime to conduct CITY business, and to that end EMPLOYEE will be allowed to take administrative leave as he/she shall deem appropriate during said normal office hours with the approval of the City Administrator. b. EMPLOYEE may with written advance approval of the City Administrator, take up to forty-eight hours administrative leave during any fiscal year. C. The City Administrator may, due to exceptional and documented circumstances grant administrative leave in excess of the forty --eight hours specified in Section 5 (b). 3 8 d. Normally, carry-over of unused administrative leave into the next fiscal year will not be permitted, without special approval by the City Administrator. SECTION 6. TRANSPORTATION a. An employee who is designated to be available and respond to emergencies shall have the exclusive use at all times during his/her employment with the CITY of a radio -equipped automobile. The use of such automobile is restricted to travel between the EMPLOYEE's home and the job site, to and from business -related meetings, conferences, and inspections within the CITY limits and, to and from business - related conferences, meetings, and conventions outside the CITY limits. During vacations or extended absences, EMPLOYEE is to make the automobile available for other business -related uses by parking the vehicle at the job site. b. An alternate to providing an automobile for EMPLOYEE is to have the use of an automobile from the CITY's pool fleet for business purposes of any kind. EMPLOYEE may use any available vehicle for official use during regular business hours or evenings when attending to any business activity involving his/her duties and responsibilities. C. An EMPLOYEE who is not provided with a CITY vehicle will be reimbursed for use of his/her personal vehicle at the per mile rate approved by the I.R.S. for reimbursement for use of personal vehicle for work related business. No reimbursement will be made for routine home to office transportation during normal office hours. SECTION 7. DUES AND SUBSCRIPTIONS CITY agrees to pay the professional dues and subscriptions of EMPLOYEE necessary for their continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for their continued professional participation, growth, and advancement and for the good of the CITY in accordance with approved budgetary limitations. SECTION 8. PROFESSIONAL DEVELOPMENT a. CITY hereby agrees to pay the travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, and occasions adequate to continue the professional development of EMPLOYEE, and to adequately pursue necessary official and other functions for CITY, in accordance with approved budgetary limitations. b, CITY also agrees to pay for the travel and subsistence expenses of EMPLOYEE for short courses, institutes and seminars that are necessary for professional development and for the good of the CITY, in accordance with approved budgetary limitations. 4 SECTION 9. EXECUTIVE EXPENSES CITY recognizes that certain expenses of a ncnpersonal and job t affiliated nature are incurred by EMPLOYEE and hereby agrees to reimburse such expenses upon presentation of a receipt and submission of the appropriate confirming purchase requisition to the City Finance Department and the City Administrator, providing such expenditure was approved by the City Administrator. SECTION 10. BENEFITS a. Retirement EMPLOYEE shall be covered by the State of California Public Employee Retirement System. CITY shall pay seven percent of EMPLOYEE's legally required percentage of salary, and EMPLOYEE shall pay any remaining percentage. CITY shall continue to pay its legally required percentage of EMPLOYEE's salary. CITY agrees to provide employee with a retirement benefit program similar to PERS benefits granted to similarly situated PERS qualified employees in other City classifications. CITY agrees to implement these benefits on the same time schedule as it does for those other classifications. b. ICMA Deferred Compensation Program EMPLOYEE shall have the option to participate in the ICMA Deferred • Compensation Program. CITY shall execute the Deferred Compensation Employment Agreement if EMPLOYEE chooses to participate in said program and shall be subject to the terms and conditions of the 1978 Revenue Act and Section 457 of the Internal Revenue Code. The maximum amount EMPLOYEE shall be entitled to defer is 25 percent of their compensation or $7,500, whichever is less. c. Paid Vacation Leave 1. CITY agrees EMPLOYEE shall accrue paid vacation leave at the following rate: Service Years Vacation Days 0 - 2 12 2 - 4 14 4 - 6 16 6 - 8 18 8 - 10 20 Employee shall be entitled to unlimited accrual of unused vacation leave, with the employee's option of 100% pay off at time of separation. 2. EMPLOYEE shall have the option of converting up to five (5) days of accrued vacation leave into cash each fiscal year. S 0 3. EMPLOYEE shall accrue one (1) day paid sick leave per month. EMPLOYEE shall be entitled to receive cash payment for up to 50% of unused sick leave upon termination of employment provided that the maximum amount CITY shall pay shall not exceed $4,500. EMPLOYEE is entitled to payment for unused sick leave payment upon resignation only if 30 days written notice of intent to terminate is given CITY in accordance with Section 3 (c) of this contract. d. Health Insurance Coverage 1. CITY agrees to provide health insurance and to pay 100% of the monthly premium for EMPLOYEE and his/her eligible dependent(s) to be covered under the CITY's medical and dental insurance program, and the benefits thereof. 2. EMPLOYEE agrees to submit annually to a complete physical q examination by a ualified physician selected by the CITY, the cost and scope of which will be determined and paid by CITY. If the CITY chooses not to budget for this cost, the requirement for a physical examination shall terminate. e. Life Insurance CITY agrees to provide group term life insurance coverage for EMPLOYEE and his/her eligible dependent(s) in amount determined by CITY; but, in no case shall the face value of the life insurance provided by CITY be less than $20,000 on EMPLOYEE and $1,000 on eligible dependent(s). Monthly premiums will be paid 100% by CITY; EMPLOYEE may elect for increased group life insurance coverage by paying additional premium. f. Disability Insurance CITY agrees to provide and pay 100% of the cost for a long-term disability program for EMPLOYEE, said coverage having at maximum a 90- day wait period and providing disability payments of 60% of monthly salary up to $2,500 per month to age 65 under condition of selected plan. g. Other Employment Benefits 1. All provisions of the Municipal Code and resolution of CITY relating to benefits and work conditions as they now exist, unless specified or excepted in this agreement, or as hereinafter may be amended, also shall apply to EMPLOYEE as they would do other employees of CITY. 11 2. Based upon 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: Maximum Conversion Sick Leave Utilization Sick Leave into Vacation Leave 0 hours 96 hours 48 hours 8 hours or less 72 hours 36 hours 16 hours or less 48 hours 24 hours 24 hours or less 24 hours 12 hours 25 hours or more 0 0 SECTION 11. GENERAL PROVISIONS a. The text herein and attachments hereto shall constitute the entire Agreement between the parties. b. This Agreement shall be binding upon and insure to the benefit of the heirs -at -law and executors of EMPLOYEE. C. This Agreement shall become effective of , 19 ; and shall provisions of Section 2 (d), on the 19 commencing terminate, day of _ the day subject to the d. If any provision, or any portion thereof, contained in thi Agreement is held to be unconstitutional, invalid, or unenforceable the remainder of this Agreement or portion thereof shall be deeme severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Morro Bay, State of California, has caused this Agreement to be signed and executed in its behalf by its Administrator, and duly attested to by its City Clerk, and the Employee has signed and executed this Agreement the day and year first above written. Employee execcont#6 CITY OF MORRO BAY City Administrator 7 9 RESOLUTION NO. 89-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CONFIRMING DIAGRAM BOUNDARIES AND LEVYING AN ASSESSMENT FOR THE BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on July 23, 1990 the City Council, upon written request of all property owners in Bayshore Village did adopt Resolution No. 97-90 ordering the formation of a landscaping and lighting assessment district to maintain Bayshore Bluffs Park; and, WHEREAS, on June 8, 1992 the City Council did adopt Resolution No. 63-92 setting a hearing on the annual assessment amount for the Bayshore Bluffs Maintenance Assessment District for July 13, 1992 at 6:00 p.m. in the Veteran's Memorial Building; and, WHEREAS, copies of the adopted resolution of Council intent, assessment district diagram and Engineer's report detailing the proposed assessment and listing the date, time and place of the protest hearing are attached to this resolution marked Exhibit "A"; • and, WHEREAS, the City Council did hear objections of all interested parties at a duly noticed hearing as to the levy of annual assessment for the maintenance of Bayshore Bluffs Park on July 13, 1992 at the Veteran's Memorial Building. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the diagram of the Bayshore Bluffs Park Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is hereby confirmed and the assessment of $28,673 for the 1992-93 Fiscal Year is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the 1992-93 fiscal year and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor by the loth day of August, 1992. • RESOLUTION NO. 89-92 PAGE 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of July, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ATIDITH DAVIS CITY CLERK n U c/w/counci Ures89-92 • RESOLUTION NO. 63-92 r A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE MAINTENANCE ASSESSMENT DISTRICT FOR BAYSHORE BLUFFS PARR T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, all property owners in Bayshore Village are required by the Coastal Commission to pay for the maintainance of Bayshore Bluffs Park which is accomplished through the levy of an annual assessment; and, WHEREAS, the Landscaping and Lighting Act of 1972 enabled the City to form an assessment district in July, 1990 designated as the Bayshore Bluffs Park Maintenance Assessment District; and, WHEREAS, the annual maintenance costs, specifications for maintenance and Bayshore Bluffs Park Maintenance Assessment District boundaries are listed in the District Engineer's Report labeled Exhibit "A" attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that it is the intent of the Council to order the levy of an annual assessment to maintain Bayshore Bluffs Park generally located as shown in Exhibit "A" attached hereto at a public hearing to be held July 13, 1992 at 6:00 p.m. in the Veteran's Memorial Building, 209 E. Surf Street, Morro Bay, CA. • BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at Bayshore Bluffs Park are specified in the District Engineer's Report dated May 29, 1992 which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to total $28,673 or $398.24 per assessable parcel in the 1992-93 Fiscal Year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 8th day of June, 1992 by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, sheetz NOES: None ABSENT: None ATTEST: Ah AgbITH DAVIS j ca� �I va Y •: CITY CLERK c.w.c.res63-92 • ENGINEER'S REPORT BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT PREPARED BY: STEPHEN A. WOLTER DIRECTOR, RECREATION AND PARRS MAY 29, 1992 c.w.c.engrrept r • BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT NAME: Bayshore Bluffs Park Maintenance Assessment District DIAGRAM• Attached PLANS AND SPECIFICATIONS: There are no improvement plans. The specifications for the annual maintenance are attached. No bonds or notes will be issued for this Maintenance Assessment District. ESTIMATED COST OF MAINTENANCE: The following outlines the recommended budget for the 1992-93 F.Y. maintenance of Bayshore Bluffs Park. 022 - 0370 - BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT OBJECT 230: Repair and Maintenance Supplies $ 400.00 • Miscellaneous items to repair vandalism, lights, park furniture, signs, etc. OBJECT 360: Public Utilities $ 4,000.00 • Electricity, garbage, restroom, water/sewer OBJECT 370: Repair and Maintenance Services $20,500.00 • • • Scheduled park maintenance by contract $15,000 Power wash overlook/stairway: quarterly $1,500 • Tree trimming: bi-annual $4,000 OBJECT 390: Miscellaneous services $ 200.00 • Sign refurbishment and repair OBJECT 790: Costs Applied $1,825.00 • Inspections for contract compliance $500 15 minutes weekly by Lead Worker • Annual administration of assessment $413 5 hours annually by Recreation and Parks Director $354, 1 hour annually by Finance Director $59 • Administration of contract $850 1 hour monthly by Recreation and Parks Director • Accounts payable $62 10 minutes monthly by Accounts Payable Clerk TOTAL BUDGET $26,925.00 1991-92 F.Y. DEFICIT PROJECTED $ 1,748.00 1992-93 F.Y. ANNUAL ASSESSMENT FOR MAINTENANCE $28,673.00 0 n ( \� � .. I will sr. ) N C; 212.65' T" 75' 1 MAIN _ 2 3. �1M ffM y 255= 7 257= TR. 729 N 68010'C6":Y 324.65' 65.34' k 28033'54'w •\ 70. 71 ' 2 5 50' N N 28 °05'22"W 74. a 60.53, 4 !O vp i rip 2424 m 1 3 wo° m \ DJo ' C' 7e :0' , PG. 30 APN 66-39� Boundary of Bayshore Bluffs Park Maintenanc, District r.. m DRIVE BAY S14ORE -rz 4 671 f i9 49 a 2 IIr 1 5l. L PTK ? 72 62. 53, 71 6� 7 5 7; 1 rB 3 Illj 4�57 54, 'fir 55. TR. 729 N 88 LPPA 6P@ MAINTENANCE SPECIFICATIONS BAYSHORE BLUFFS PARK INDEX TO LANDSCAPE MAINTENANCE SPECIFICATIONS - BAYSHORE BLUFFS PARK PAGE NO, 1 2 3 4 5 6.7 8 9 10 • 11 • DESCRIPTION INDEX MAINTENANCE: MAINTENANCE: MAINTENANCE MAINTENANCE MAINTENANCE TREE PRUNING TREE PRUNING: MAINTENANCE: MAINTENANCE: SCOPE, SUBMITTALS, QUALITY ASSURANCE, INSURANCE, LICENSES PLANT MATERIAL, SOIL AMENDMENT, HERBICIDES, PESTICIDES, IRRIGATION MATERIALS, EXECUTION - LAWNS EXECUTION - LAWNS, GROUND COVER, TREES AND SHRUBS EXECUTION - IRRIGATION SYSTEM, WATER SCHEDULE, DEBRIS AND LITTER, EXTRA WORK APPENDIX I - PLANT LIST DESCRIPTION, QUALITY ASSURANCE, EXECUTION - SURFACE CONDITIONS, TREE WORK PROCEDURES. TREE WORK PROCEDURES TIMBER STRUCTURES TIMBER STRUCTURES • '..LANDSCAPE MAINTENANCE PART 1.00 - GENERAL 1.01 SCOPE A. Provide all labor, equipment and supervision required to properly maintain the landscaped areas in a healthy, vigorously growing, weed -free, attractive condition for a one-year period. 1.02 SUBMITTALS A. Furnish Owner and/or Owner's authorized agent a landscape maintenance schedule delineating specific tasks and timing of said tasks. B. Maintain and furnish upon request accurate records to include, but not be limited to materials used; application rates, dates of application, observations and occurrence of extraordinary events. 1 .0 3 QUALITY ASSURANCE, WORK FORCE AND PERFORMANCE A. Prior to beginning work described in this section, the Contractor shall review all on -site portions of work, its extent, and proposed methods of execution. • b. All work shall be completed under the supervision of a qualified landscape maintenance person. c. All work shall be performed in accordance with standard horticultural practices, using modern techniques accepted by the industry. The appearance and health of the landscape shall be considered over methods and procedures. d. All work shall be performed with the utmost concern for the health, safely and welfare of the public. 1.04 INSURANCE A. Contractor shall supply certificates of insurance for Workmen's Compensation, General Liability and Auto Liability Insurance upon award of contract. B. An endorsement naming the City of Morro Bay, its officers and employees as additional insured shall be provided. Insurer shall have a minimum "A" rating , and be licensed to operate in the State of California. A minimum insurance amount of $500,000 shall be required of the selected Contractor. 1 .0 5 LICENSES A. Contractor shall have a valid California Landscape Contractor's License (C-27). B. Contractor shall have a valid California Pest Control Operator License. • C. Contractor shall be responsible for obtaining any and all City, County, Slate and/or Federal permits or Licenses. 01 PART 2.00 - MATERIALS • • 2.01 PLANT MATERIAL A Any replacement plants shall be of the same species and variety, and shall be fresh, well -established, vigorous, of normal habit of growth, free of disease, insects, insect eggs and larvae. Plants shall have a healthy, normal root �ysterr(, well filling their containers, but not to the point of being root bound. B. Replacement sizes shall be 5-gallon for shrubs and 15-gallon of trees. 2.02 SOIL AMENDMENT A Fertilizer shall consist of 16-6-8 and 21-7-14 commercial fertilizer. 2.03 HERBICIDES A Post -emergence (established lawns): "Ortho Weed-B-Gone" or approved equal. B. Post -emergence (existing weeds): "Round -up" or approved equal. C. Pre -emergence (prior to seed germination): "Ronstar" or approved equal. 2.04 PESTICIDES A Upon diagnosis by a qualified horticulturist, entomologist and/or pathologist, apply the recommended material as per manufacturer's specifications. 2.05 IRRIGATION MATERIALS A Any replacement parts eg. pipe & fittings, riser & heads, valves and/or etc. shall be of the same type and manufacturer as originally installed. PART 3.00 - EXECUTION 3.01 MAINTENANCE - LAWNS A Frequency of mowing will depend on current weather and growing conditions. If weather and soil conditions prohibit efficient mowing, lawns shall be mowed at the earliest appropriate time. B. No lawn growth shall be allowed to exceed 3" in height. Mow lawns to a minimum 2" height. C. All lawn clippings shall be caught and removed at time of mowing. D. Mechanical edging along sidewalks and curbs shall be performed every mowing. Lawns bordering ground cover areas shall be edged every other mowing. E Turf shall be trimmed around all sprinklers and other objects as necessary to allow for proper functioning and prevent damage. At no time shall "weed - eaters" be utilized around base of trees. 3 3.01 MAINTENANCE - LAWNS (CONTINUED) • F. Replace and/or repair 2' X 4' redwood header and/or 3-lam bender board as required. G Grasses shall be prevented from spreading into ground cover areas. H. All lawns shall be fertilized according to their individual needs to maintain good health, vigor and color throughout the year. I. Application schedule/rates: April - September 16.6-9 at 16/l o00 sq. ft. October - March 21-7-14 at 8#/1000 sq. ft. K. Weed control - All lawns shall be treated with broadleaf herbicides as required or weeded by hand. If weed eradication leaves thin, patchy or bare spots, replace sod/seed of like kind. 3.02 MAINTENANCE - GROUND COVER A. Ground covers shall be maintained within designated areas. • B. Maintain ground cover to establish a solid mass. Replace any areas showing spottiness as required. C. Ground cover shall be prevented from invading shrubs, climbing trees or becoming a nuisance to buildings. D. Fertilize ground cover to correct any signs of nutritional deficiency or to promote additional growth. (see schedule/rates under lawns 3.01 I.) E Weed Control - All ground cover areas shall be maintained in a weed free Manually eradicate or chemically treat obnoxious weeds as required. condition. 3.03 MAINTENANCE - TREES & SHRUBS A. Prune to promote structural strength and accentuate the plant's natural forms and features within the limitations of space. B. Boxing, balling and/or formal shearing of shrubs shall be avoided. C. See Appendix I (attached) for all plant materials on -site and specific requirements. D. Fertilize to correct any signs of nutritional deficiency or to promote additional growth. . E Check for signs of insect or pest damage on a regular basis. Implement corrective measures as required. 4 F. Staking & Tying - Stakes and ties shall be adjusted to prevent girdling and chafing and shall be removed as soon as trees show signs of inherent stability. • 3.04 MAINTENANCE-.IRRIGATI.ON SYSTEM A. Monthly inspection and service of irrigation system to include: -Run each system individually by switching to "manual" on controller clock. -Check each system for proper coverage and adjust heads accordingly. -Flush out all quick couplers. -Clean drip system filter. -Check all drip system emitters for proper flow. B. Inspect backflow prevention device annually as per San Luis Obispo County Health Agency Cross connection Control Ordinance #1175. C. Replace and/or repair system(s) as required. 3.05 WATERING SCHEDULE AND APPLICATION RATES A Apply enough water to insure a 6 to 10 inch soil penetration. This may require from one or more inches of water per week. B. Apply water in one application at a rate that will permit maximum soil penetration with a minimum of run-off. C. Watering shall be applied as supplements to rainfall. Adjust timing and rates according to current weather conditions. • 3.07 DEBRIS AND LITTER A Remove all debris accumulated as a result of normal maintenance operations. B. Remove all debris and litter on a daily basis from all landscaped areas parking lot and adjacent street areas.' C. Do not use trash receptacles on -site for debris or litter disposal. D. Remove all ashes in barbecue grills on a monthly basis. E Empty all trash containers to trash dumpster daily. 3.06 EXTRA WORK A All removal or reptacemerrt of plant, irrigation or miscellaneous landscape material shall be provided as an extra upon authorization of the Owner/Owner's Agent. B. All fertilizer, herbicide and/or pesticide material shall be provided as an extra. Submit receipts to Owner or Owner's Agent to verify quality and quantity. C. Any products or services not otherwise specified here in shall be negotiated between the Contractor and Owner or Owner's Agent. • END OF SECTION 0 5 APPENDIX I LANDSCAPE MAINTENANCE • .0 PLANT LIST IBAYSHORE BLUFFS PARK TREES NOTES Existing: EUCALYPTUS GLOBULUS Blue Gum PINUS RADIATA Monterey Pine CUPRESSUS MACROCARPA Monterey Cypress New: MELALEUCA QUINQUENERVIA Cajeput Tree ,SHRUBS/HERBACEOUS PERENNIALS MYOPORUM LAEiUM NCN JUNIPERUS PROCUMBENS NANA Japanese Garden Juniper SOLLYA HEfEROPHYLLA Australian Bluebell Creeper ASPARAGUS'SPR ENG ERI' Sprenger Asparagus MORAEA BICOLOR Fortnight Lily CERASTIUM TOMENTOSUM Snow in Summer ARMERIA MARITIMA Thrift, Sea Pink CAMPANULA GARGANICA Bellflower NEPHROLEPSIS EXALTATA Sword Fern All existing trees shall be pruned, as required, pursuant to attached TREE PRUNING SPECIFICATIONS. Do not shear] Prune selected branches to a well -placed side branch to empha- size open, up -right growth habit. Prune only to shape into a broad based, billowing mass. Prune only to keep foliage clear of curb face and gutter. Watch for spider mites, aphids, twig borers and blight. Do not shear) Tip prune to retain bushiness. Watch for scale insects. Trim out old thorny shoots to make room for new growth. Feed in spring with a complete fertilizer. Cut flower stems to ground after blossoms fade. Break off forming seed pods to increase flower production. Shear flowers after bloom. Divide in fall or early spring.• Shear flowers after bloom. Feed ix/year with slow release fertilizer. Divide clumps in fall every 3 - 4 years. Watch for snails and slugs. Cut back old or unattractive fronds after new growth has started in spring. V PL�/a�lU �9�54 o8vaG anE BLUFFS G�G�G)GC • "MEADOW" PLANTING A combination of Herbaceous annuals, NOTES FALL: Reseed disturbed and/or non - Perennials & Grasses vegetated areas (see non -irrigated seed mixture) Non -Irrigated Seed Mixture WINTER: Survey entire park area to immediately (includes bluffs) prior and LbsjAgr after rains to check for proper drainage Lasthenia glabrata 1.0 and potential erosion problems. any If Bromus mollis 20.0 3.0 Immediately correct problems. temporary drainage and erosion control Dimorphotheca aurantiaca Eschscholtzia californica 5.0 measures are not sufficient, contact Owner Trifolium hirtum 30.0 or Owner's Agent. 20-9.9 Nitroform Fertilizer SPRING: Remove obnoxious weed species (or equal as approved by to allow for growth and establishment of Landscape Architect.) seed mixture. LATE SPRING/EARLY SUMMER: After bloom and seed head production (production for next year's crop), mow entire park area. Edge along all pedestrian/bike paths to provide proper clearance. Mowing may occur throughout • summer months to prevent a fire hazard and retain a more orderly and tidy condition. • 7 TREE PRUNING PART 1.00 - GENERAL 1.01 DESCRIPTION Work includes, but is not necessarily limited to, tree pruning as shown on drawings and described below. 1.02 QUALITY ASSURANCE A Prior to beginning work described in this section, the Landscape Architect shall review all on -site portions of work, its extent, and proposed methods of execution. Do not begin any work without review and approval of Landscape Architect. B. All tree pruning shall be done by a qualified tree person, with a minimum of five years prior experience in similar work, and subject to Landscape Architect's approval. 2.00 EXECUTION . 2.01 SURFACE CONDITIONS A Inspection 1 . Prior to all work in this section, carefully inspect work of all other trades and verify that such work is complete to the point where this work may properly commence. B. Discrepancies 1 . In the event of discrepancies, immediately notify the Landscape Architect. 2. Do not proceed with work in areas of discrepancy until all such discrepancies have been fully resolved. 2.02 TREE WORK PROCEDURES A Per Landscape Architect's direction, clearly identify all trees and major limbs to be removed. B. General Pruning Requirements 1. Where possible, the trimming shall respect the natural shape and form of existing trees. For example, the weeping habit of trees shall be retained where no ground height restrictions nor safety conflicts occur. • 2. Thin crowns by a maximum 25% as required, to promote light penetration and air circulation. Avoid indiscriminate overthinning. • 2.0 2 TREE WORK PROCEDURES (CONTINUED) 3. Avoid stub cutting. Trim to an attractive, natural appearance by removing entire limbs and/or drop crotching, (cutting to laterals of sound wood). 4. Care shall be taken to avoid cuts which cause ripping. Where a significant rip occurs, rip shall be surgically traced to promote healing and minimize die -back. 5. Finish cuts shall be relatively flush, but shall retain ring collars. Avoid long cuts. Strive for a minimum cut cross section without leaving a stub. C. Site Specific Pruning Objectives 1 . Safety pruning shall consist of minimizing potential splits and breakage. Reduce weight by thinning and heading back to laterals. 2. Remove deadwood as follows Building sites and primary use areas; a) Trim entire tree (secondary and tertiary limbs) to a reasonably 'deadwood free' condition. Individual trees and groves in secondary areas; a) Remove major deadwood and all potentially hazardous wood. • 3. Corrective pruning: Remove all weak V-crolch scaffolds where weight reduction alone will not adequately protect against potential splitting. 4. Surgical pruning: Trace all large wounds along trunk and primary scaffolds to encourage healing. Remove dead and punky wood in cavities at base of trunks as directed by Landscape Architect. Sever exposed girdling roots as directed by Landscape Architect. 5. Chemically treat significant trees for insect damage as directed by Landscape Architect. 6. Trees previously removed but sprouting secondary growth shall be trimmed annually to remove all secondary growth. 6 TIMBER STRUCTURES ART 1.00 -GENERAL 1.01 DESCRIPTION Work includes, but is not limited to, repair and/or maintenance of park "Lookout Etructure & Beach Stairs", for a time period as described in the Contract documents. 1.02 QUALITY ASSURANCE A. Prior to the beginning of the maintenance period, the City Representative and/or Landscape Architect shall schedule a meeting with the Contractor to discuss/review all work, extent, schedule, and proposed methods of execution. All work shall be performed by a qualified/licensed Contractor. C. All work shall be performed with the utmost concern for the health, safety, and welfare of the public. 1.03 INSURANCE A Contractor shall supply the City with Certiicates of Insurance for Workman's Compensation, General Liability, and Auto Liability upon award of Contract. PART 2.00 - MATERIALS 001 A. The materials used in the repair and/or maintenance of "timber structures" shall conform to the following requirements: 1. Replacement Structural Timber & Lumber - a. Replacement structural timber and lumber shall be of similar species, grade, and size as existing. b. When preservative treatment of timber and lumber is required, the treatment shall conform to the provisions in Section 3.06, "Preservative Treatment of Lumber, Timber, and Pilings". 2. Replacement Hardware - Replacement hardware shall consist of bolts with the necessary} nuts and washers, timber connectors, nails, spikes, and other metal fastenings, and shall be similar to existing in every way. 3. Replacement Lighting - All replacement lighting parts shall be equal in every way to existing lighting parts. PART 3.00 - EXECUTION 3.01 INSPECTION Inspection of park "Lookout & Beach Stairs" shall take place semi-annually and shall cover deterioration of timber and lumber, cracks or fatigue in metal hardware, erosion around and/or under pilings and foundation poles, warping and/or weathering of materials which may create a hazard to public use, any needed replacement of lighting system, and clean-up of all portions. 10 02 REPAIR AND REPLACEMENT OF STRUCTURAL & NON-STRUCTURAL COMPONENTS A. Non-structural materials (includes minor timber, lumber, and/or hardware) shall be replaced as necessary with a written report to the City every 6 months. B. Structural damage and/or materials replacement shall be reported immediately to the City for their inspection and recommendation on Contractor course of action (provide City with hourly labor rate to perform work). 3.03 EROSION OF FOUNDATION A. Contractor shall perform all minor earthwork necessary to maintain daily use by the public (minor earthwork to include non -hazardous grading and/or backfilling, and shall be performed by hand only!). B. Major erosion shall be reported immediately to the City (prior to any work performed) for their consideration and recommendation (provide City with hourly labor rate to perform work). 3.04 LIGHTING SYSTEM A. Replace bulbs, lenses, minor wiring/wire connectors, and fuses with similar parts as needed. S. Replacement of lighting fixtures, conduit, major wiring, photo cells, and/or lighting system shall not be performed without written consent of the City (provide City with cost estimate to perform work knclude all materials and labor). 3.05 CLEANING A. Clean-up of "Lookout & Beach Stairs" shall occur monthly and shall include removal of all trash on • or around structures, and sweeping of all decking, steps, guardrails and handrails (the use of potable water to spray -sweep is prohibited)- S. Steam cleening'of structureszhall occur quarterly and shall include deck, steps, and handrails for removal of heavy dirt, gum, bird excrement, etc. 3.06 PRESERVATIVE TREATMENT OF LUMBER, TIMBER, & PILINGS A. All replacement lumber, timber, and pilings which require preservatives and/or treatment shall conform to AWPA Standards, Manual of Recommended Practice. B. Brush methods to preserve existing lumber, timber, and pilings may include water sealant for exposed areas, and/or creosote/asphalt emulsion in areas with soil contact. C. Contractor shall provide the City with a semi-annual report (twice a year) detailing existing conditions, proposed treatment, and materials which will be required (provide City with hourly labor rate to perform work). D. Painting of Galvanized Hardware - t. Painting of all galvanized hardware shall take place on an as -needed basis to be determined by the City after consideration of the Contractor's semi-annual report. 2. All surfaces to be repainted shall be cleaned and prepared prior to application. 3. Apply two (2) coats of urethane or epoxy paint (color shall match existing). • 4. Contractor shall provide City with cost estimate to perform work (include all materials and labor). END OF SECTION f • RESOLUTION NO. 88-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 22850 provides the benefits of the Public Employees' Medical and Hospital Care Act to employees of local agencies contracting with Public Employees' Retirement System on proper application by a local agency; and WHEREAS, in accordance with the provisions of the California Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent is amounts the monthly contribution for employees, until such time as the amounts are equal; and `J WHEREAS, The City of Morro Bay hereinafter, referred to as PUBLIC AGENCY is a local agency contracting with the Public Employees' Retirement System; and WHEREAS, the PUBLIC AGENCY desires to obtain for its employees and annuitants the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; NOW, THEREFORE, BE IT RESOLVED, that the PUBLIC AGENCY elect, and it does hereby elect, to be subject to the provisions of the Act; and BE IT FURTHER RESOLVED, that the employer's contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of $16.00 per month; and BE IT FURTHER RESOLVED, that the employer's contribution for each annuitant shall be the amount necessary to pay the cost of his enrollment, including the enrollment of his family members, in a health benefits plan up to a maximum of $1.00 per month; and BE IT FURTHER RESOLVED, that the employer's contribution for each annuitant shall be increased annually by 5 percent of the monthly contribution for employees, until such time as the contributions are equal; and that the contributions for employees and annuitants shall be in addition to those amounts contributed by the Public Agency for administrative fees and to the Contingency Reserve Fund; and BE IT FURTHER RESOLVED, that the executive body appoint and direct and does hereby appoint and direct, City Administrator to file with the Board of Administration of the Public Employee' Retirement System a verified copy of this Resolution, and to perform on behalf of said PUBLIC AGENCY all functions required of it under the Act and Regulations of the Board of Administration; and BE IT FURTHER RESOLVED, that coverage under the Act be effective on 1 September 1992. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 27thday of July, 1992, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz • NOES: None ABSENT: None ' j Rose Marie Sheo�!'tz, Mayor;,'_, ATTEST: L/ Ardith Davis, City Clerk • RESOLUTION NO. 87-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF MISCELLANEOUS EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 35000 et. sea. 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, bene- fits, and conditions of employment with Service Employment International Union Local No. 817 (SEIU); and WHEREAS, the meetings between the Union and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the SEIU Local No. 817 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 changes in benefits to said miscellaneous employees of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 17th day of July, 1992, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None r �- ABSENT: None �:+r 2 ose Marie She`etz,� Mayor - ATTEST: Ardith Davis, City Clerk L • MEMORANDUM OF UNDERSTANDING BETWEEN THE SERVICE EMPLOYEES' INTERNATIONAL UNION NO. 817 AND THE CITY OF MORRO BAY 1 JULY 1992 - 30 JUNE 1993 E • TABLE OF CONTENTS ARTICLE NO. SUBJECTS PAGE 1 PURPOSE 3 2 TERM 3 3 RENEGOTIATIONS 3 4 RECOGNITION 4 5 AUTHORIZED AGENTS 4 6 MANAGEMENT 4 7 ANTI -DISCRIMINATION 5 8 UNION BUSINESS 5 9 DUES DEDUCTION 5 10 WORK SCHEDULE 6 11 SALARIES 6 12 MEDICAL INSURANCE 7 13 EDUCATION INCENTIVE 8 14 WORK UNIFORMS 9 15 HOLIDAYS 10 16 SICK LEAVE 10 17 VACATION LEAVE 11 18 OVERTIME COMPENSATION 11 19 SPECIAL PAY PRACTICES 12 20 MILEAGE 13 21 RETIREMENT BENEFITS 14 22 FULL UNDERSTANDING 14 23 NO STRIKE, NO LOCKOUT 14 24 SEPARABILITY 15 SIGNATURE PAGE 16 APP.-A ACTUAL SALARIES 17 • MEMORANDUM OF UNDERSTANDING BETWEEN SERVICE EMPLOYEES' INTERNATIONAL UNION LOCAL NO.817 AND THE CITY OF MORRO BAY ARTICLE 1 - PURPOSE 1.1 WHEREAS, the City of Morro Bay is a municipal corporation existing under the laws of the State of California as a general law city; and 1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure because it is a public entity rather than a profit making business; and 1.3 WHEREAS, Service Employees' International Union Local No. 817 and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE, this Memorandum of Understanding is entered into as of 1 July 1992, between the City of Morro Bay, referred to as "CITY" and Service Employees' International Union Local No. 817, referred to as the "UNION." • 1.5 It is the intent and purpose of this memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - TERM Except as otherwise specifically provided herein, the term of this Agreement commences on 1 July 1992 and expires and is otherwise fully terminated at midnight on 30 June 1993. ARTICLE 3 - RENEGOTIATIONS 3.1 In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other during the period 1 February to 15 April its written request to begin negotiations as well as its initial written proposals amending this agreement. 3.2 Upon receipt of such written notice and proposals, • negotiations shall begin no later than thirty (30) days after such receipt or 15 April, whichever is later. 3 • 3.3 The parties agree that, except by mutual agreement, no new subjects may be introduced into the process after the third (3rd) negotiations meeting. ARTICLE 4 - RECOGNITION Pursuant to Resolution No. 74-69, the Employer -Employee Relations Resolution of the City of Morro Bay and applicable state law, Service Employees International Union Local 817 (hereafter "UNION") was designated by the City of Morro Bay (hereafter "CITY") City Council as the exclusive representative of City employees in the Miscellaneous Employees Unit (hereafter "UNIT"). The term "employee(s)" as used herein shall refer only to employees employed by the City in the employer classifications comprising said unit as listed in Article 11 - Salaries, or as mutually modified by the parties. ARTICLE 5 - AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this agreement: 5.1 Management's principal authorized agent shall be the City Administrator, or his/her duly authorized representative (address: 595 Harbor Street, Morro Bay, CA 93442; telephone • (805)772-1214, except where a particular management representative is specifically designated in the agreement). 5.2 The UNIT'S principal authorized representative shall be: Service Employees International Union Local 817. 5.3 The UNION shall furnish the City of Morro Bay's Personnel Officer with a written list identifying by name and work location up to three (3) stewards and one (1) chief steward. 5.4 Union stewards shall be authorized when participating in the investigation and processing of a grievance to take a reasonable amount of City time without loss of compensation or benefits to perform these duties. 5.5 Union stewards shall be selected in accordance with current SEIU written policy on file with the City Personnel Office. ARTICLE 6 - MANAGEMENT CITY retains all rights not specifically delegated by this agreement including, but not limited to, the exclusive right to determine the mission of its constituent departments; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; • take disciplinary action for proper cause; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; 4 determine the methods, means, and personnel by which governmental • operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies and exercise control and discretion over its organization and the technology of performing its work. The determination of whether or not an emergency exists is solely within the discretion of the City and is expressly excluded from the Grievance Procedure. ARTICLE 7 - ANTI -DISCRIMINATION The CITY and UNION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 8 - UNION BUSINESS Employees designated by the UNION, including those designated as members of the UNION negotiating team, shall be granted time, without loss of pay, to perform their UNION function at meetings mutually set by the CITY and UNION. Included within the time -off provisions of this Article are those meetings required for negotiating Memorandum of Understanding or exercising grievance procedures. It is understood that this time -off provision shall be limited to a maximum of three (3) persons attending any one meeting between CITY and UNION and that the meetings referred to herein are between UNION representation and the CITY'S Labor • Relations Officer or City Administrator. ARTICLE_9 - WITHHOLDING OF UNION DUES 9.1 It is agreed that CITY will withhold UNION dues from the monthly pay of each permanent CITY employee who is a member of the UNION. UNION agrees to provide CITY with individual UNION member authorizations signed by the individual UNION member authorizing CITY to make agreed deductions; specifying the amount of each deduction; and authorizing CITY to issue a check, payable to UNION, for the collective amount of the individual deductions withheld from the individual employee's pay. CITY does not accept respon- sibility for computing the amounts of deductions or for meeting payment dates which may not coincide with established pay periods. The UNION will be responsible for the accounting and dispersing of all such funds received from CITY. UNION will be responsible for properly notifying the 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. 9.2 All UNION 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 • Bargaining Unit. UNION members who establish payroll dues 5 • deduction during the term of this Memorandum of Understanding must remain on payroll deductions for the life of this Memorandum of Agreement or so long as they remain members of the Bargaining Unit. UNION members on dues payroll deduction may terminate such association dues during the period of December 15-31 by notifying both the UNION and the City Personnel Department of their termination of UNION dues deduction. Such notification shall be in the form of a letter containing the following information: Employee name, job classification and department name. 9.3 UNION shall indemnify and save 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. ARTICLE 10 - WORK SCHEDULE This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week.. 10.1 WORKDAY: The normal workday shall be eight (8) hour of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. • 10.2 WORKSHIFT: Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without prior notice to the employee. Call -out or overtime does not constitute as change in workshift. 10.3 WORKWEEK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) consecutive day period, except in cases of emergencies, or at the specific request of an employee and approval of department head. Nothing herein shall be construed to eliminate currently established irregular work schedules. 10.4 EMERGENCIES: 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. ARTICLE II - SALARIES 11.1 The CITY agrees to continue a plan whereby the CITY will • contribute seven (7) percent of an employee's salary on behalf of the employee to the Public Employees' Retirement System (PERS). These amounts paid by the CITY are employee . contributions and are paid by the CITY to satisfy the employee's obligation to contribute seven (7) percent of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the CITY to PERS on behalf of the employees. The UNION understands and agrees that employees bear the risk of payment of any increases in the employee contributions above the current ( 7 ) percent made by action of the PERS or the state legislature. it is understood and agreed to between the parties that the CITY "pick-up" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, seven (7) percent of salaries will be added to the salaries otherwise provided by the CITY to the employee, and then, comparisons will be made. Parties agree that CITY payment of the seven (7) percent PERS contribution is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. Should current tax treatment change, the UNION and the employee 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 seven (7) percent of the employee's PERS iscontribution. Should current tax treatment change, the UNION shall have the opportunity to meet and confer regarding any such changes. The CITY payment of seven (7) percent of each employee's PERS contribution shall be made bi-weekly through 30 June 1993 at which time such payment shall terminate and CITY shall be permitted to withhold the full amount of the then current sum for employer contributions from employee's pay, unless the parties agree on or before 30 June 1993 in a written memorandum of understanding to continue the CITY pick-up of employee contributions. 11.2 The parties agree that the employees in this unit shall receive no salary increases for the term of this agreement. It is agreed to by both parties, that if the City negotiates salary increases with any other employee bargaining units during the life of this agreement employees covered by this contract shall receive similar increases. 11.3 Actual salaries are as listed in Appendix A. ARTICLE 12 - MEDICAL INSURANCE 12.1 HEALTH INSURANCE During the term of this Agreement, the City shall offer PERS • medical insurance plans, unless during the term of the Agreement the Employee Relations Committee recommends 7 • alternative plans and the recommendation is accepted by the City Council. A. Effective 1 August 1992, employees of this unit shall participate in the PERS medical insurance plans on a cafeteria style basis, with the CITY contributing a maximum of $16.00/month to the active employee's medical insurance, and $1.00/month to Retiree medical insurance. Any costs in excess of these contribution rates shall be paid by the employee and Retiree. B. CITY shall pay to each active employee by each pay period (subject to appropriate taxation) the sum of $407.00/month. CITY and UNION agree that CITY payment of this lump sum is based on favorable tax treatment by the IRS and the State Franchise Tax Board. Should the tax treatment change, the UNION and the employees hold harmless the CITY, its officers and agents, including but not limited to, liability for back taxes, arising out of this Agreement to pay such lump sum. 12.2 DENTAL AND VISION INSURANCE During the term of this Agreement, the City shall offer dental and vision insurance and each employee shall be required to carry both dental and vision insurance for self. CITY agrees to maintain at least the current level of benefits for dental and vision insurance unless during the term of the Agreement the Employee Relations Committee recommends an alternative carrier and the recommendation is accepted by the City Council. 12.3 Effective 1 July 1992, the employees shall pay the following monthly premium rates for dental and vision insurance: VISION DENTAL TOTALS Employee Only $ 6.70 Employee +1 $13.25 Employee +2 $17.20 $22.79 $51,66 $51.66 $29.49 $64.91 $68.86 12.4 Any changes to the dental or vision premiums that occur during the term of this Agreement shall be shared one half by the employee and one half by the City. 12.5 Any coverage made available to future retirees beyond COBRA time requirements shall be paid for by the retiree. ARTICLE 13 - EDUCATION INCENTIVES . 13.1 CITY agrees to pay the following education incentives to permanent employees who hold degrees above the minimum required in their respective classification: 13.1.1 Associate of Arts Degree - $450 annually 13.1.2 Baccalaureate Degree - $900 annually Such incentive pay shall be paid bi-weekly to employees who hold job -related degrees as determined by the department head and Personnel Officer. Employees who are receiving such incentive on 30 June 1981 shall continue to receive such incentive as computed above for the term of this agreement. If an employee is promoted to a classification that requires a degree, the employee shall not receive education incentive pay for the required degree. 13.2 CITY agrees to reimburse the costs for job -related and job - required certifications, correspondence courses, and licenses (except Class III driver's license) upon successful completion of the examination or course by the employee having written authorization in advance from their department head. This shall include application fees, examination fees, and certificate fees. Renewal fees may be . paid in advance by the CITY. CITY agrees to provide a CITY vehicle, when available, during normal working hours for required transportation and will permit paid time for employee to take examinations scheduled during normal working hours. No mileage payments are authorized for personal transportation, and time spent outside normal working hours shall not be compensated. ARTICLE 14 - WORK UNIFORMS 14.1 CITY will provide work coveralls, including laundry service, for each employee whose working conditions create undue wear and tear on work clothing. CITY will select and provide uniform work shirt, including laundry service, for all field employees. Work shirts shall include a CITY logo and the employee's name. 14.2 Determination of individual entitlement to City -provided work uniforms will be at the discretion of the appropriate department head, and with the approval of the City Administrator. Unit members in classifications currently receiving uniforms shall continue to do so. 9 • ARTICLE 15 - HOLIDAYS 15.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Martin Luther King, Jr Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday Floating Holiday July 4 1st Monday in September November 11 4th Thursday in November Friday after Thanksgiving December 25 January 1 Day 3rd Monday in January February 12 3rd Monday in February Last Monday in May Varies Varies 15.2 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. ARTICLE 16 - SICK LEAVE 16.1 During the term of this agreement, sick leave shall be • earned at the rate of one (1) eight -hour workday for each calendar month of service. There shall be no maximum to the amount of sick leave that an employee may accumulate. Upon the service retirement of an employee who has more than ten (10) years of service with the CITY, said employee shall be entitled to receive payment for up to the first ninety (90) days of his/her accrued sick leave at twenty-five (25%) of the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. 16.2 Wellness Incentive 16.2.1 If the unit average sick leave utilization is reduced by 10% during FY 88-89, then any unit member who used three (3) or fewer sick leave days during FY 88-89 may convert up to twelve (12) sick leave days to vacation leave at the ratio of 3 sick leave days to 1 vacation day. 16.2.2 An additional unit reduction in average sick leave use of 5% in FY 89-90, for a total reduction of 15% from FY • 88-89 sick leave utilization level, will maintain this conversion program. 10 16.2.3 If the average sick leave utilization attained in FY • 89-90 is maintained for FY 90-91, then the conversion program remains in effect for FY 90-91. ARTICLE 17 - VACATION LEAVE 17.1 During the term of this agreement, paid vacation leave shall be earned at the following rate: Service Years Entitlement in Days 1 thru 2 10 3 thru 4 11 5 thru 6 12 7 thru 8 13 9 thru 10 14 11 thru 12 15 13 thru 14 16 15 thru 16 17 17 thru 18 18 19 thru 20 19 21 or more 20 There is no limit on the amount of unused vacation leave hours that may be accumulated by members of this unit. 17.2 Upon termination of employment with the CITY, a member of • this unit shall receive pay for his/her current vacation leave balance up to a maximum of the employee's annual entitlement at his/her current base hourly rate. 17.3 An employee's unused vacation leave balance as of 1 July 1983 is hereby "frozen" for cash payoff at the employee's 30 June 1983 base hourly rate, upon termination of employment with the CITY. Beginning 16 July 1983, should an employee's bi-weekly unused vacation leave balance ever become lower in total hours accumulated than his/her ending balance of 1 July 1983 then upon terminating of employment with the CITY, the employee shall only receive compensation for his/her lowest bi-weekly unused vacation leave balance computed at the 30 June 1983 employee's base hourly rate. This section does not preclude any additional entitlement the employee may receive under Section B. of this Article. ARTICLE 18 - OVERTIME COMPENSATION 18.1 DEFINITION OF OVERTIME 18.1.1 All work required by the City and actually performed • beyond forty (40) hours worked in a workweek is defined as Fair Labor Standards Act (FLSA) overtime. FLSA kol overtime shall be compensated at one and one-half (1- i1/2) times the employee's regular rate of pay, as defined by FLSA. 18.1.2 All work required by the City and actually worked beyond eight (8) hours in a workday but less than forty (40) hours in a workweek is defined as non-FLSA overtime. Non-FLSA overtime shall be compensated at the employee's regular rate of pay. 18.2 COMPENSATORY TIME OFF (CTO) 13.2.1 At the employee's option, Compensatory Time Off may be taken in lieu of cash payment for overtime. 18.2.2 CTO may be accrued. An employee's CTO balance shall indicate the amount of CTO to be taken off. For example, if an employee works two (2) hours of FLSA overtime and elects to accrue CTO, the employee's CTO balance shall indicate three (3) hours. 18.2.3 An employee's CTO balance shall not exceed a maximum of twenty-four (24) hours. If overtime is earned which would exceed this limit, the excess shall be paid in cash. • 18.2.4 FLSA overtime shall be accrued and taken at one and one-half (1-1/2) times the amount of overtime actually worked. For example, if an employee works two (2) hours FLSA overtime in a workweek, the employee shall be entitled to either two (2) hours pay at one and one- half (1-1/2) times the employee's regular rate of pay, or three (3) hours of CTO. 18.2.5 Non-FLSA overtime shall be accrued and taken at the amount of time actually worked in excess of eight (8) hours each workday. For example, if an employee works two (2) hours Non-FLSA overtime in a workday, the employee shall be entitled to two (2) hours pay at the regular rate of pay, or two (2) hours of CTO. 18.2.6 If an employee's regularly scheduled workday falls on a designated City holiday, and the employee works on said day, the employee shall have the option of receiving, in addition to eight (8) hours holiday pay, either eight (8) hours straight time pay or eight hours CTO. 18.2.7 Employees in this unit have the option of utilizing non-FLSA overtime within the workweek it is earned, or having overtime worked in that workweek applied to their CTO accumulation. • 18.2.8 All CTO requested by an employee shall be approved in advance by the employee's Department Head. 12 ARTICLE 19 - SPECIAL PAY PRACTICES 19.1 Standby: 19.1.1 Standby duty is defined as that circumstance which requires an employee so assigned to: 1. Be ready to respond immediately to a call for service; 2. Be readily available at all hours by telephone or other agreed upon communication equipment; and 3. Refrain from activities which might impair his/her assigned duties upon call. 19.1.2 It is agreed that personnel who are scheduled, on a routine basis, for standby duty shall be compensated at the rate of twenty ($20.00) per day for each day of scheduled standby duty performed. 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 workshift; except that an early call in of up to two (2)hours prior to the scheduled start of a workshift shall not be counted as a call back. 19.2.2-1 CITY will guarantee a minimum of four and one half (4- 1/2) hours pay, computed at straight hourly rates, for each employee called back for work as defined above. 19.2.2-2 Said employee shall receive either pay or compensatory time -off, pursuant to Article 1s - Overtime Compensation, for the minimum or for all time actually worked, whichever is greater. ARTICLE 20 - MILEAGE CITY will pay $.20 per mile as reimbursement to members of the unit for all mileage they incur when on official business, provided there is no CITY car or other pool car available for CITY business. Said reimbursement shall be subject to availability of funds in the CITY budget and approval by the Department Head. 11 13 • ARTICLE 21 - RETIREMENT BENEFITS 21.1 The CITY currently participates in the State of California Public Employees' Retirement System (P.E.R.S., 2% at 60) for members of this unit. 21.2 If the State Legislature adopts a two-tier P.E.R.S. retirement program applicable to unit members, then all unit members employed after the effective date of such P.E.R.S. changes shall be placed in a new retirement plan or one selected by the CITY. Current employees at the time of plan adoption will have a one-time option to enter the new plan; enrollment period to be selected by CITY. 21.3 The CITY agrees to continue to provide employees in this unit with a retirement benefit program through the Public Employees Retirement System (PEAS) as follows: Sick Leave Credit option (Section 20862.8) ARTICLE 22 - FULL UNDERSTANDING, MODIFICATION, WAIVER 22.1 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. 22.2 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. 22.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the City and ratified by the membership of the UNION. 22.4 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 23 - NO STRIKE, NO LOCK -OUT 23.1 During the term of this Agreement, the CITY will not lockout any employees nor will the UNION cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work 0 stoppage or strike (including economic and unfair labor 14 practice strikes) or any intentional slowdown of work. The . term "other concerted action" includes picketing or boycott activities by the UNION. 23.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 23.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 24 - SEPARABILITY If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. 15 SIGNATURES SERVICE EMPLOYEES' INTERNATIONAL UNION LOCAL NO. 817 By: Will Hirst By:lL Sandi Fo d By: on Almquist 1-1 By ;C,( -� b� / (GF, LF,sf - t -- Sue Lichtenbaum July 21, 1992 Date 0 CITY OF MORRO BAY By: Forrest Henderson July 21, 1992 Date 16 CLASSIFICATION Acct. Clerk II Adm. Serv. Clk Asst. Planner Bldg. Inspecto Code Enfor. Of Custodian Eng. Tech I Eng. Tech II Fac. Coord. Fac. Maint. Wk Har. Pat. Off. Maint. Ldwkr. Maint. Supv. Maint. Wkr. II Maint. Wkr. II Mechanic Off. Asst. II Off. Asst. III Off. Coord. Rec. Coord. Sr. Cust. Sr. Mech. WWTP Ld. Oper. WWTP Oper. CITY OF MORRO BAY ANNUAL MISCELLANEOUS SALARY SCHEDULE • APPENDIX A JULY 1,1992 $20,851-$26,126 $19,234-$24,079 $29,438-$35,783 r $28,053-$35,259 f. $22,533-$28,053 $18,750-$23,368 $22,533-$28,053 $25,193-$31,420 $24,469-$30,668 r. $23,219-$28,960 • $24,469-$30,668 $24,469-$30,668 $30,710-$38,231 $21,973-$27,269 I $23,219-$28,960 $23,219-$28,960 $18,329-$22,787 $19,234-$24,079 $20,363-$25,376 $23,219-$28,960 $24,469-30,668 $24,469-$30,668 $24,469-$30,668 $22,533-$28,053 17 RESOLUTION NO. 86-92 RESOLUTION TO REQUEST LITIGATION SUPPORT FROM THE CALIFORNIA COASTAL COMMISSION IN THE HAYASHI MATTER THE CITY COUNCIL City of Morro Bay, California WHEREAS, on May 11, 1992, the City Council authorized the City Attorney's office by Minute Motion to initiate litigation against John Hayashi and Hayashi Farms (Hayashi) for numerous Municipal Code violations; and WHEREAS, the Coastal Commission has offered the assistance of its legal department and the assistance of the California State Attorney General's office in the City's litigation against Hayashi; and WHEREAS, it is the policy of the Coastal Commission Legal Department to obtain prior authorization from any city which it assists in litigation; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay, California that: • 1. The City of Morro Bay hereby authorizes the California Coastal Commission and the California State Attorney General's office to assist the City Attorney's office in litigation against Hayashi. THIS RESOLUTION was passed by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of July, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT OR NOT VOTING: None E MARIE HEETZ, yor ATTEST: l� ARDITIr DAV S, City Clerk MB:JUN192:A:R G-HAYA P RESOLUTION NO. 85-92 RESOLUTION ACCEPTING PERMIT AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY TO ALLOW THE CITY OF MORRO BAY TO CONNECT TO AND USE PG&E'S SEAWATER OUTFALL FACILITY FOR DISCHARGE OF BY-PRODUCTS FROM THE TEMPORARY EMERGENCY DESALINATION FACILITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the effects of prolonged drought -related conditions resulted in the installation of a Temporary Emergency Desalination Facility; and WHEREAS, said Facility requires a means of discharging brine and associated by-products; and • WHEREAS, the California Regional Water Quality Control Board issued National Pollution Discharge Elimination System (NPDES) Permit No. CA0049697 via the issuance of Order No. 92-11 resultant of a public hearing conducted January 10, 1992; and WHEREAS, said NPDES permit allows for discharge from said Facility to the Pacific Gas and Electric Company (PG&E) seawater outfall facility adjacent to Morro Rock; and WHEREAS, PG&E has agreed to permit the City to connect to and use said PG&E facility via agreement to terms and conditions of a permit agreement; and WHEREAS, it is in the best interest of public health and welfare to enter into said agreement with PG&E. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the said terms and conditions of the permit agreement with PG&E are hereby approved; and BE IT FURTHER RESOLVED, the Mayor and City Administrator of the City of Morro Bay are hereby authorized to execute said permit agreement on behalf of the City. • • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of July, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: ARDITH DAVIS, City Clerk n U • Pacific Gas and Electric Company 406 Higuera Street P.O. Box 592 San Luis OCisoo, CA 93406 • June 11, 1992 LD #2229-10-0378 Rose Marie Sheetz, Mayor City of Morro Bay 595 Harbor Street 1 Morro Bay, CA. 93442 Re: Permit to allow the City of Morro Bay to connect to and to use PG&E's seawater Discharge ("Outfall") facility. Dear Mayor Sheetz: Pacific Gas and Electric Company (PG&E) hereby grants the City of Morro Bay (City) permission for the construction of a pipeline, within PG&E's easement area, to connect to PG&E's seawater discharge facility in the City of Morro Bay, County of San Luis Obispo, State of California, as shown, in red, on the attached drawing marked "EXHIBIT All. Moreover, this permission is granted to City's Public Works Department for the use described herein of the specific • areas shown, in red, on the attached drawing marked "EXHIBIT All. PG&E, further, agrees to allow City to discharge waste water, from City's Temporary Emergency Desalination Facility, into PG&Els seawater discharge facility, only during a period of water supply emergency, as declared by City. This permission shall be subject to the following terms and conditions: 1. The term of this permission is for two (2) years and it shall coincide with the commencement of the National Pollution Discharge Elimination System (NPDES) permit issued to the City of Morro Bay by the State of California Regional Water Quality Control Board (RWQCB); 2. City•s NPDES permit is separate from PG&Efs NPDES permit issued by RWQCB for City's seawater discharge pipeline and shall in no way advesely affect PG&E's operations, procedures or manpower requirements including, but not limited to, PG&E's NPDES permit monitoring and compliance requirements; 3. All items of work involved in the connection, discharge, and disconnection shall be at the sole and exclusive cost to City with PG&E bearing no costs • whatsoever; -1- • 4. City shall discharge wastewater from its Temporary Emergency Desalination Facility into PG&E's seawater discharge facility, only in the event of a water supply emergency as declared by City. Said water supply emergency shall be declared, by City, as "Level 5" or the "ultimate level" if its designation should be modified by City, in the future; 5. PG&E, also, will allow City to discharge waste water from the Temporary Emergency Desalination Facility for the purposes of the environmental document study, the initial verification of the City's pipeline's conformance to its installation requirements and for verification of said Temporary Emergency Desalination Facility's capability to produce completely potable water; 6. City shall notify PG&E's Morro Bay Power Plant Manager, as soon as is practicable, at telephone 595-5001, in the event of any emergency. City shall also notify PG&E, at least twenty four (24) hours, in advance of a "start-up" of City's said desalination facility. City shall further notify PG&E, at least forty eight (48) hours, in advance of routine repair, maintenance and monitoring work that may affect or involve PG&E's said easement area or said seawater discharge pipeline; . 7. City acknowledges PG&E's title to said seawater discharge facilities with associated easement areas and agrees never to resist or assail said title; 8. City's operation and discharge shall be in strict compliance with any and all permit terms and conditions delineated by the California Coastal Commission (CCC) through its Coastal Development Permit and the RQWCB through its NPDES permit including conditions and duration of allowed Facility operation; 9. City shall provide, at no cost to PG&E, copies of City's NPDES and CCC permits related to said project. City shall also provide, at no cost to PG&E, copies of all NPDES reports and documents submitted, by City, to RWQCB; 10. City shall submit to PG&E, for PG&E's approval, two (2) sets of plans and specifications which display the location and describe the details of City's pipeline, and its connection to, PG&E's seawater discharge facility; 11. City shall obtain PG&E's written approval of any proposed plans, prior to the submittal of any subsequent permit application and the commencement of any work; • 12. City shall notify PG&E's Morro Bay Power Plant Manager, at telephone 595-5001, at least twenty four (24) hours -2- . prior to the commencement of any work within PG&E's easement areas; 13. City shall be solely responsible for all the labor and materials associated with this project. City�s use of said PG&E facilities shall be at City's sole risk and expense; 14. City shall perform all work associated with the City's pipeline connection to PG&Els seawater discharge facility, in a professional manner, to the satisfaction of PG&E; 15. City shall comply with all the local, state and federal laws and regulations including those laws whether existing or new which relate to the use, handling, treatment, or disposal of toxic or hazardous substances. City agrees to further indemnify and hold PG&E harmless from any and all loss, expense, and liability arising out of the presence of the aforementioned conditions within PG&E's easement area. In no event shall City dispose, or allow the disposal, of any substance within PG&E's easement area which has hazardous or toxic qualities. Excepting therefrom, City/s facility wastewater and EPA -approved antiscalant which will be present in Cityfs discharge pipeline; 16. City shall not in any way interfere or permit any interference with PG&E's operations; • 17. Notwithstanding anything contained herein, City agrees to pay PG&E for the full cost of any damage to PG&E's property or for any disruption in PG&E's operations that may result from City�s exercise of this permission, except for damages which result from PG&E's sole negligence or willful misconduct; 13. City shall obtain any, and all, permits required by any other federal, state and local governmental agencies having jurisdiction over said facilities or real property; 19. PG&E shall not be liable to City, its employees, agents, volunteers or invitees for any loss, damage or liability for damages, whether for loss of, or damage to, property or injury to, or death of, any person, which shall arise out of or in any way be connected with Cityfs exercise of this permission, unless such loss, damage, injury, or death shall be caused by the sole negligence or willful misconduct of PG&E; 20. City shall pay and discharge all bills for labor and/or materials furnished during the term hereof for City,s connection to and use of PG&E's seawater discharge pipeline within said easement, and shall be solely liable for said costs. City shall hold PG&E harmless from liability for . any and all claims, demands and/or causes of action brought -3- arising out of, or in any way connected with, any claims . and/or liens for labor and/or materials or similar action; 21. City shall indemnify PG&E, its officers, agents, and employees, against all loss, damage and liability resulting from injury to or death of any person, including, but not limited to, City's employees, agents, volunteers, invitees, and PG&E's employees, or injury to property, including, but not limited to, city's property or PG&E's property, arising out of, or in any way connected with, City's exercise of this permission, including any loss, damage, expense, or liability proximately caused or contributed to by the negligence, whether active or passive, or City's failure to inform PG&E of the precise nature of City's activities, excepting only such loss, damage, expense, or liability as may be caused by the sole negligence or willful misconduct of PG&E; 22. All written notices or communications may be served personally or sent by prepaid certified United States mail, return receipt requested, to the following addresses or to other such places as may be designated by the parties from time to time. Notice to City: City of Morro Bay Public Works Department Is595 Harbor Street Morro Bay, California 93442 Notice to PG&E: Pacific Gas and Electric Company Land Department Post Office Box 592 San Luis Obispo, California 93406-0592 Such notice shall be deemed received within forty-eight (48) hours from the time of mailing, if mailed as provided for in this paragraph. 23. INSURANCE REQUIREMENTS: (a) Worker's Compensation City shall furnish PG&E with a certificate of worker's compensation or self-insurance indicating city's compliance with the Labor Code of California, including Employer's Liability insurance with the minimum of Two Million Dollars, ($2,000,000) for injury or death of any one person. This certificate should provide thirty (30) days' written notice to PG&E prior to the cancellation, termination, alteration, or any material change of such insurance; . (b) Comprehensive General & Comprehensive Automobile Liability Coverage -4- • City shall procure and maintain, in effect, during the full term of this permission, Comprehensive General Liability and Comprehensive Automobile Liability of not less than Two Million Dollars, ($2,000,000), combined single limit or equivalent for bodily injury, personal injury, and property damage as the result of any one occurrence; Comprehensive General Liability shall include coverage for Premise -Operations, Owners & Contractors Protective, Products/Completed Operations Hazard, Contractual Liability, and Broad Form Property Damage including Completed Operations. Comprehensive Automobile Liability shall include coverage for Owned, Hired, and Non -Owned automobiles; (c) Additional Insurance Provisions (1) Evidence of coverage described in Items (a) and (b) shall state that coverage provided is primary and is not excess or contributing with any insurance or self-insurance maintained by PG&E; (2) PG&E shall have the right to inspect or obtain a copy of the original policy(ies) of such insurance; • (3) All the insurance certificates, endorsements, cancellations, terminations, alterations, and any material changes of such insurance shall be issued and submitted to the following: PACIFIC GAS AND ELECTRIC COMPANY Attention: Manager of Insurance 444 Market Street, Suite 1900 San Francisco, California 94111 24. PG&E shall have the right to terminate this permission forthwith for City•s failure to comply with any of the conditions contained herein, either with or without notice to City, as PG&E shall deem proper; 25. This permission is subject to the provisions of General Order No. 69-C of the Public Utilities Commission of the State of California and to all other applicable provisions of the laws and regulations of the State of California and all other governmental agencies; 26. This permission, given by PG&E, may be considered by others to be an implied endorsement of City•s plans. As a result, PG&E requires that City assure, by acceptance of this permission, that they have given full consideration to is shall ecological and environmental impact of their use. City shall assure PG&E that they have complied with, or that -5- . they will comply with, all of the applicable provisions of the California Environmental Quality Act (CEQA) of 1970 and its subsequent revisions and/or amendments (California Public Resources Code, Sections 21000 et seq.); 27. This permission is personal to City and shall not be assignable in whole, or in part; 28. Upon termination of this permission, City agrees to restore this area to the condition existing prior to City's use, including, but not limited to, the removal of all debris and materials resulting from City•s use of PG&E's seawater discharge pipeline within said easement area. City agrees that this shall be completed at its sole expense and to the satisfaction of PG&E; Please have this permission signed, in duplicate, on behalf of the City of Morro Bay, indicating the City•s acceptance of this permission, subject to the terms and conditions, contained herein. You may use the enclosed envelope to return the fully -executed "PG&E Copy", of this permission. Please include a copy of the resolution authorizing the City�s signatures. Sincerely, • iIL IP A. WEISS General Services Manager Mission Trail Region Attachments ACCEPTED: CITY O"ORRO BAY By 11 Date siP Date r..,_ GARY NAPPEial-� City Administrator 0-7-/5-92. T.29S., R.10E., M.D.B.&M. Section 26, NE 1/4 of SE 1/4 SBE No. 135-40-11B, Parcel 5 • Ref.: LD Nos. 2229-10-0051; 0054; 0055; 0334 & 0340 652 x 96204.248. x LP-PT-00-21 -6- • I • ss s: ersss ss ... _ ss r, csssa v^v—m'YY„v4 vv_ m 6s-6 §£ras e_ :_ ._Puce__ i :£-x:; �r� " " _^V•Y. xx `u 9i's=irrf O m, a Mir MI� F�i s.. --- e� xM rq5 � � a aw.. ggz9 vti� R 66 �3 0' a A� �` qqr —_ ineoee ew anms er em'^i 9 ee �y F �cE ��� �/ �& a R� ��•s a r • RESOLUTION NO. 84-92 RESOLUTION RATIFYING SAN LUIS OBISPO COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT FOR FY 1992/93 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the San Luis Obispo Council of Governments was created by a Joint Powers Agreement between the County of San Luis Obispo and each of the cities therein; and WHEREAS, Section IV of said Agreement requires annual ratification by member agencies; and WHEREAS, the City of Morro Bay desires to continue its membership in the San Luis Obispo Council of Governments during FY 1992/93. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby ratifies the San Luis Obispo Council of Governments Joint Powers Agreement for FY 1992/93, attached hereto and incorporated herein by reference, and authorizes the Mayor to execute said Agreement. •PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on July 13, 1992 by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST ��7��� ARDITH DAVIS, City Clerk MCU/LC:UPTONMISC:84-92 0 • 1991-1992 JOINT POWERS AGREEMENT PAGE 1 e:\wpdocs\acc\c9200671.mis FY 9Z_.93 JOINT POWERS AGREEMENT SAN LUIS OBISPO COTl110 ©F GOYERN� THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, September 19, 1984, and 94 19 ..19W by and among such of the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles,' Grover City, Morro Bay, Pismo Beach, and San Luis Obispo; all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et she ., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies • to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission; -" and WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs . is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY 1991-1992 JOINT POWERS AGREEMENT e:\wpdocs\acc\c9200671.mis PAGE 2 and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE IXpon theeve riat�fg>leatY#estereto rirm the estabiishrnea of the San isus Obtspa oautc t rn g, LA COG, sepasatc and c ptt6Le eurity, as the went toe �wersrprcrded .for thts Agreement, and tti'admuusier ar �ptherwts� �cecute:�i���m._ ' ` designated by "the U. S 0 1991-1992 JOINT POWERS AGREEMENT PAGE 3 e:\wpdocs\acc\c9200671.mis III. POWERS - The 6 hereinafter inafter called is hereby q created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the 400* annual work program, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the PMG hereby created in accordance with this Agreement. Pursuant to Section 6508. 1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the S1rOCOG shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise • provided herein. IV. MEMBERSHIP 1. Membership in the SLOB shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in the Mom 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the SI0009 shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall save so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner 0 1991-1992 JOINT POWERS AGREEMENT PAGE 4 16 e:\wpdocs\acc\c9200671. mis 3. Member agencies may elect to have an alternate member(s) in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate(s), or changes thereto, shall be transmitted in writing to the Executive Director of the SLOCOI by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the 90M may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of the 5 are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the Awn. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, how- ever, that the recommendations of the SLt pog may have the effect of precluding any favorable action by an agency of the state or federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by SIAGOG pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said SLflCOG, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by SLM performing functions as the MN'T RTFA and QM for San Luis Obispo County as designated by the State shall be paid out of the transportation fund • established pursuant to Section 29530, et seq., Government Code as provided for therein, and 1991-1992 JOINT POWERS AGREEMENT PAGE 5 • e:\wpdocs\acc\c9200671.mis State' and Federal planning funds.1. 3. Costs of SLOCOG. for each fiscal year which are necessary for the ordinary operation of the SLOCOCi, including but not limited to office space, furniture, and excepting those functions performed as the RI?A, iklPfJ, t?1 shall be borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the SLOCO6 shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by SLOCO as the RI I'AMPb Or CM shall be set forth in the budget as part of the annual work program of SLOGOG and shall be funded from the transportation fund pursuant to applicable State statutes andl�ie and Federal tUtads. 4. The annual work program and budget, when adopted shall be the basis for operation of SLOCOG for the fiscal year. Any deviation from the work program affecting the budget shall be approved by SLGOG. 5. For purposes of conducting business, there shall be present a quorum consisting • of a majority of representatives, including two COUNTY representatives. No action shall be effective without the affirmative votes of a majority of those present. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the SLYCO shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of QO in an orderly manner. VI. OFFICERS 1. The officers of the SLOG shall consist of a President and Vice -President ......................... elected for a term of one year by a majority vote of member agency representatives to the SLOCOG. 2. Both the President and Vice -President of SLOCO shall, be elected at the June meeting. 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President • 1) Shall preside over all meetings of the SLOCOG as Chairman. 1991-1992 JOINT POWERS AGREEMENT PAGE 6 e:lwp(o s\acc\c92(X)671.mis • 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said SLOCOG. 4) Shall be an ex-officio member of all committees_ 5) Shall execute all contracts and legal documents on behalf of the b. Vice -President 1) Shall serve as Chairman pro-tempor in the absence of the President. 2) Shall give whatever aid necessary to the President in administering of the ${1 3) Shah be an ex-officio member of all committees. • 5. In the event of a vacancy occurring in the office of either the President or Vice -President upon said officer's death, resignation, removal or his ceasing to bean official representative of a member city of the County of San -Luis Obispo, such vacancy will be filled by majority vote of the S , the officer elected to serve for the balance of the unexpired term. VII. STAFF t 1 _ The SLOC%iG shall appoint an Executive Director to serve at its pleasure, who will perform the following duties and such others as may be assigned by SL>OCOG. a. Prepare and submit the annual work program and budget to the SODCOG for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. c. Shall disburse all funds in accordance with the policies of the County -Treasurer and the County Auditor/Controller and the budget and work program adopted by the SLQGQG. • 1991-1992 JOINT POWERS AGREEMENT PAGE 7 e:\wpdocs\acc\c9200671.mis d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the 940wp on all committees. f. Shall insure that SLl�C4 renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. 9- Shall be responsible for directing those employees authorized by the SEW , OG in the budget. Employees are to be appointed by the o I n I -the I . re I commendation of the Executive Director and to serve at the pleasure of the 2. The Executive Director of the SCO shall have charge of, handle and have access to, any property of the 409M 3. The Executive Director, Treasurer, and Auditor -Controller shall be bonded or self -insured through the county in -lieu of bonds (in accordance with Government Code Section • 24156) in the sum of $1000. VM. MEETINGS 1. Regular meetings of the SEW* 0, shall be held at least six (6) times a year or at more frequent intervals as approved by the 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the 44M. Actual notice of special meetings must be given at ,least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be generally held in the first week of ftom*4 AO fif 'dj or as specified in the annual meeting calendar adopted in N June. The June meeting shall be designated the "annual meeting." 5. The Executive Director of the S>rbCC1Q will direct the publication of notices of all meetings pursuant to state law. • 6. Only official representatives or alternates shall represent a member of the qp" or vote on any motion before the SLOC W1. 1991-1992 JOINT POWERS AGREEMENT e:\wpdocs\acc\c9200671.mis PAGE 8 0 7. The meeting agenda shall be prepared by the Executive Director to the SLOG _ Agenda material shall be submitted to the Executive Director at least twenty-one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of delegate based on public testimony. Unless authorized by four,fifths vote of the representatives at a regular meeting, only agenda items shall be considered by SLOCflG puxsuattCCp ptoV9lrttts ofthe Hrowri Ac. 8. The SLOM, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the SdG may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. The SLOGpG shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all SLQC03 meetings shall be kept by the Executive Director to the • SLQCOG and shall be submitted to member agencies. F 4WKRJTITI Y Y Y31 1. Committees and subcommittees may be established as the SLOCOiC may deem appropriate. 2. Membership on "ad -Hoc" policy committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. 3. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials appointed by their respective agencies; the Public Works Committee, comprised of all agency engineering officials appointed by their respective agencies: the Technical Transportation Advisory Committee (TTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of Understanding between the California Department of Transportation and the $40 M�; and the Transit Productivity Committee as • required by Section 99224 and Section 99238 off the Public Utilities Code. The SLOCOG may i • 1991-1992 JOINT POWERS AGREEMENT PAGE 9 e:\wpdocs\acc\c9200671.mis organize such other technical advisory committees as it deems necessary to carry out SLOCOG functions. 4. No committee shall commit the S0Cf3G on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. 5. All committees shall receive clerical assistance from the STZ3CC)G staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Si OCO and the Executive Director. X. FINANCE 1. The SUOCfe shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without • specific approval of two-thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the $VMM from whatever source received.. It is further understood that the Auditor/ Controller of the County of San Luis Obispo is, as such, auditor .......................... of the 5Lt. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the SLOG()+` or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the WWI subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo Area Coordinating Council and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 0 3. A member withdrawing shall not be liable for the payment of further contributions 1991-1992 JOINT POWERS AGREEMENT PAGE 10 16 e:\wpdocs\acc\c9200671.mis falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to SLOCO(3, provided, however, that SLOCOG may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the SL CQG ). If any party hereto fails to pay its contribution, as determined by Sl«'i said entity shall be deemed to have voluntarily ......................... withdrawn from the SLOCOG. 4. SLCICOG may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescission Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of SLO..G'OG in proportion to the contributions made. XIL EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force . and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WTTNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. E: \WPDOCS\ACC\c9200671. MIS 0 f. 1991-1992 JOINT POWERS AGREEMENT e:\wpdocs\acc\c9200671.mis 11 CITY OF ARROYO GRANDE By: Date: Mayor Resolution No._ Clerk CITY OF ATASCADERO By: Mayor Clerk CITY OF GROVER CITY By: Mayor Clerk CITY OF MORRO BAY ARDITH DAVIS Clerk CITY OF PASO ROBLES By: Mayor Clerk Date: Minute Order Resolution No. Date: July 13, 1992 Resolution No. 8 4 - 9 2 Minute Order PAGE 11 1991-1992 JOINT POWERS AGREEMENT e:\wpdocs\acc\c9200671.mis CITY OF PISMO BEACH By: Mayor Clerk CITY OF SAN LUIS OBISPO By: Mayor Clerk COUNTY OF SAN LUIS OBISPO By: Chairman Clerk Date Minute Order Date: Resolution No. Date: Minute Order APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel Dated: E: \ W PDOCS\ACC\C9200671. MIS PAGE 12 • 0 RESOLUTION NO. 83-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF CONFIDENTIAL EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et. seau. and Resolution 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 Confidential Employees; and WHEREAS, the meetings between the Morro Bay Confidential Employees and the City had resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Confidential Employees 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; Is and WHEREAS, the City now desires to provide said changes in benefits to said Confidential employees of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 27th day of July 1992, by the following roll call vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None Rose Marie Sheetz, Mayor ATTEST: Ardith Davis, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY 1 JULY 1992 - 30 JUNE 1993 u ARTICLES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 • TABLE OF CONTENTS SUBJECTS PAGE Term 3 Management 3 Anti -Discrimination 3 Work Schedule 3 Salaries 4 Insurance 5 Education Incentives 6 Holidays 6 Vacation Leave 7 Administrative Leave 8 Sick Leave 8 Wellness Inc. 8 Overtime Compensation 9 Mileage 10 Retirement Program 10 Full Understanding, Modification, Waiver 10 No Strike, No Lock -Out 11 Separability 11 Signature Page 11 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CONFIDENTIAL EMPLOYEES AND THE CITY OF MORRO BAY ARTICLE 1 - TERM The term of this agreement commences on 1 July 1992 and expires and is otherwise fully terminated on 30 June 1993. ARTICLE 2 - MANAGEMENT CITY retains all rights not specifically delegated by this agreement including, but not limited to, the exclusive right to determine the mission of its constituent departments; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for proper cause; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which governmental operations are to be conducted; determine the content of job classifications, take all necessary actions to carry out its mission in emergencies and exercise control and discretion over its organization and the technology of performing its work. The determination of whether or not an emergency exists is solely within the discretion of the City and is expressly excluded from the Grievance Procedure. ARTICLE 3 - ANTI -DISCRIMINATION The CITY agrees it will not employees for the exercise of California Government Code Section ARTICLE 4 - WORK SCHEDULE discriminate against confidential their rights under the State of 3502. 4.1 This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of work per week. 4.2 WORKDAY: The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. 4.3 WORKSHIFT: Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without prior notice to the employee. Callout or overtime does not constitute a change in workshift. 4.4 WORKWEEK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) consecutive day period, except in cases of emergencies, or at the specific request of an employee and approval of department head. Nothing 0 • • herein shall be construed to eliminate currently established irregular work schedules. 4.5 EMERGENCIES: 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. ARTICLE 5 - SALARIES 5.1 The parties agree that Confidential employees shall receive the following salaries: 1 July 1992 Executive Secretary/ $25,527-$31,814 City Clerk Secretary/Deputy $21,519-$26,817 City Clerk Account Clerk II $20,950-$26,255 • 5.2 The CITY agrees to continue a plan whereby the CITY will contribute seven (7) percent of an employee's salary on behalf of the employee to the Public Employees' Retirement System (PERS). These amounts paid by the CITY are employee contributions and are paid by the CITY to satisfy the employee's obligation to contribute seven (7) percent of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the CITY to PERS on behalf of the employee. The employees bear the risk of payment of any increases in the employee contributions above the current seven (7) percent made by action of the PERS or the state legislature. 5.3 It is understood and agreed to by the parties that the CITY "pickup" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, seven (7) percent of salaries will be added to the salaries otherwise provided by the CITY to the employee, and then, comparisons will be made. 5.4 Parties agree that CITY payment of the seven (7) percent PERS contribution is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. Should current tax treatment change, the employee holds 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 seven (7) percent of the employee's PERS contribution. Should current tax treatment change, the 4 remployees shall have the opportunity to meet and confer • regarding any such changes. 5.5 The CITY payment of seven (7) percent of each employee's PERS contribution shall be made bi-weekly through 30 June 1993 at which time such payment shall terminate and CITY shall be permitted to withhold the full amount of the then current sum of employer contributions from employee's pay, unless the parties agree on or before 30 June 1992 in a written memorandum of understanding to continue the CITY pickup of employee contributions. 5.6 It is agreed by both the City and Confidential employees that no increases in salary ranges will occur during the term of this agreement. However, should another City Employee Bargaining Unit receive salary range increases during the term of this agreement, beyond that already contracted and currently in effect, then the City agrees to similarly increase the salary ranges of those classifications in this Confidential Unit. ARTICLE 6 - INSURANCE 6.1 HEALTH INSURANCE During the term of this Agreement the City shall offer both indemnity and HMO medical insurance plans unless during the term . of the Agreement the Employee Relations Committee recommends alternative plans and the recommendation is accepted by the City Council. 6.2 DENTAL INSURANCE During the term of this Agreement, the City shall offer dental insurance through a dental carrier, unless during the term of the Agreement the Employee Relations Committee recommends an alternative carrier and the recommendation is accepted by the City Council. 6.3 Effective 1 July 1992, employees shall pay the following premium rates for medical and dental insurance. Years of Service HMO Plan Medical Dental Total 0- 2 Emp. only 0 0 0 +1 $40.66 $8.89 $49.55 +2/family $86.48 $9.12 $95.60 3 - 4 +1 $31.50 $6.93 $38.23 +2/family $70.40 $7.43 $77.83 4+ +1 $21.92 $4.92 $26.89 +2/family $54.32 $5.75 $60.07 • 9 0 Indemnity Plan 0- 2 Emp. Onlu 0 0 0 +1 $ 78.42 $ 8.90 $ 87.02 +2/family $184.02 $11.99 $196.01 3 - 4 +1 $ 68.42 $ 7.57 $ 75.99 +2/family $167.47 $10.75 $178.25 4+ +1 $ 59.89 $ 6.46 $ 66.35 +2/family $152.46 $ 9.69 $162.15 6.4 Any increases to the dependent portion of medical or dental premiums that occur during the term of this Agreement shall be paid one half by the employee and one half by the City. 6.5 LIFE INSURANCE City agrees to pay the entire premium for a $20,000 term life insurance policy on each member of the unit. 6.6 It is agreed that the City's Employee Relations Committee shall, effective with the next solicitation of Requests for Proposals explore the feasibility of retiree health care beyond COBRA time • requirements. Any coverage made available to future retirees shall be paid for by the retiree, and the cost sharing of such a plan shall be subject to mutual agreement by the City and Unit. • ARTICLE 7 - EDUCATION INCENTIVES 7.1 CITY agrees to pay the following education incentives to permanent employees who hold degrees above the minimum required in their respective classifications: A. Associate of Arts Degree - $450 annually B. Baccalaureate Degree - $900 annually 7.2 Such incentive pay shall be paid bi-weekly to employees who hold job related degrees as determined by the department head and Personnel officer. Employees who are receiving such incentive on 30 June 1981 shall continue to receive such incentive as computed on the preceding page for the term of this agreement. 7.3 If an employee is promoted to a classification that requires a degree, the employee shall not receive any education incentive pay for the required degree. 0 ARTICLE 8 - HOLIDAYS • 8.1 For the purpose of this agreement, the following days are the holidays for the employees in this unit: Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Martin Luther King Jr., Day Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday Floating Holiday July 4 1st Monday in Sept. November 11 4th Thursday in Nov. Friday after Thanksgiving December 25 January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May Varies Varies 8.2 It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of equivalent work hours. ARTICLE 9 - VACATION LEAVE 9.1 During the term of this agreement, paid vacation leave shall be . earned at the rate contained in the Personnel Rules and Regulations on a bi-weekly basis. 9.2 There is no limit on the amount of unused vacation leave hours that may be accumulated by members of this unit. 9.3 Upon termination of employment with the CITY, a member of this unit shall receive pay for his/her current vacation leave balance up to a maximum of the employee's annual entitlement at his/her current base hourly rate. 9.4 This section does not preclude any additional entitlement the employee may receive under 9.3 of this article. ARTICLE 10 - ADMINISTRATIVE LEAVE 10.1 Each member of the unit is eligible to earn sixteen (16) 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. 10.2 No administrative leave may be accumulated for use in a following fiscal year, except upon prior approval of the City Administrator. Unused administrative leave may not be cashed -out upon termination with the CITY. 7 • ARTICLE 11 - SICK LEAVE 11.1 During the term of this agreement, sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar month of service. There shall be no maximum to the amount of sick leave that an employee may accumulate. Upon the service retirement of an employee who has more than ten (10) years of service with the CITY, said employee shall be entitled to receive payment for up to the first ninety (90) days of his/her accrued sick leave at twenty-five (25%) of the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. 11.2 Wellness Incentive If the unit average sick leave utilization is reduced by 10% during FY 91-92, then any unit member who used three (3) or fewer sick leave days during FY 92-93 may convert up to twelve (12) sick leave days to vacation leave at the ratio of 3 sick leave days to 1 vacation day. An additional unit reduction in average sick leave use of 5% in • FY 91-92, for a total reduction of 15% from FY 92-93 sick utilization level, will maintain this conversion program. If the average sick leave utilization attained in FY 90-91 is maintained for FY 91-92, then the conversion program remains in effect for FY 92-93. ARTICLE 12 - WELLNESS INCENTIVE 12.1 All employees in the unit will, at annual performance evaluation time, have their blood pressure checked and a cardiac monitor reading done by certified EMT-11's at the City Fire Department. 12.2 Results of the test are submitted in confidence to the employee, the evaluating supervisor, the department head, and Personnel Officer, and reviewed for preliminary physical conditioning recommendations. ARTICLE 13 - OVERTIME COMPENSATION 13.1 DEFINITION OF OVERTIME 13.1.1 All work required by the City and actually performed beyond forty (40) hours worked in a workweek is defined as Fair Labor Standards Act (FLSA) overtime. FLSA overtime shall be compensated at one and one-half (1-1/2) times the employee's • regular rate of pay, and defined by FLSA. 13.1.2 All work required by the City and actually worked beyond M eight (8) hours in a workday but less than forty (40) hours in a workweek is defined as non-FLSA overtime. Non-FLSA overtime shall be compensated at the employee's regular rate of pay. 13.2 COMPENSATORY TIME OFF (CTO) 13.2.1 At the employee's option, Compensatory Time Off may be taken in lieu of cash payment for overtime. 13.2.2 CTO may be accrued. An employee's CTO balance shall indicate the amount of CTO to be taken off. For example, if an employee works two (2) hours of FLSA overtime and elects to accrue CTO, the employee's CTO balance shall indicate three (3) hours. 13.2.3 An employee's CTO balance shall not exceed a maximum of forty (40) hours. If overtime is earned which would exceed this limit, the excess shall be paid in cash. 13.2.4 FLSA overtime shall be accrued and taken at and one-half (1-1/2) times the amount of overtime actually worked. For example, if an employee works two (2) hours FLSA overtime in a workweek, the employee shall be entitled to either two (2) hours FLSA overtime in a workweek, the employee shall be entitled to either two (2) hours pay at one and one-half (1- 1/2) times the employee's regular rate of pay, or three (3) hours of CTO. 13.2.5 Non-FLSA overtime shall be accrued and taken at the amount of time actually worked in excess of eight (8) hours each workday. For example, if employee works two (2) hours non- FLSA overtime in a workday, the employee shall be entitled to two (2) hours pay at the regular rate of pay, or two (2) hours of CTO. 13.2.6 Employees in this unit have the option of utilizing non-FLSA overtime within the workweek it is earned, or having overtime worked in that workweek applied to their CTO accumulation. 13.2.7 All CTO requested by an employee shall be approved in advance by the employee's Department Head. ARTICLE 14 - MILEAGE CITY will pay current IRS rate per mile as reimbursement to members of the Unit for all mileage they incur when on official business, provided there is no CITY car or other pool car available for CITY business. Said reimbursement shall be subject to availability of funds in the CITY budget and approval by the Department Head. • • 9 • ARTICLE 15 - RETIREMENT PROGRAM 15.1 The City currently participates in the State of California Public Employees' Retirement System (PERS, 2% at 60) for members of this unit. 15.2 If the State Legislature adopts a two-tier PERS retirement program applicable to unit members, then all unit members employed after the effective date of such PERS changes shall be placed in a new retirement plan or one selected by the City. Current employees at the time of plan adoption will have a one- time option to enter the new plan; enrollment period to be selected by CITY. ARTICLE 16 - FULL UNDERSTANDING. MODIFICATION. WAIVER 16.1 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. 16.2 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. • 16.3 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 members of this unit. ICLE 17 - NO STRIKE. NO LOCK -OUT 17.1 During the term of this agreement, the CITY will not lock -out any employees nor will the employees cause, authorize, advise or encourage any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term "other concerted action" includes picketing or boycott activities by the employees. 17.2 There shall be no refusal to work on, handle or produce any materials or equipment because of a labor dispute. 17.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. Such discharge or discipline shall not • be reviewable through the Grievance Procedure. 10 ARTICLE 18 - SEPARABILITY • If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Signature Confidential Employees Unit City of Morro Bay Ardith Davis Forrest W. Henderson �l�yt-e-- -/ �7-z-1 � Elane Novak Susan L. Parks • 11 RESOLUTION NO. 82-92 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3300 et. sec. 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; and WHEREAS, the meeting between the Morro Bay Peace Officers' Association and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Peace Officer's Association accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salaries; benefits, •and conditions to said police employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 27th day of July, 1992, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None E SHEE'TZ , Mayor ATTEST: ARDITH DAVIS, Lity Clerk • • MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY PEACE OFFICERS ASSOCIATION AND THE CITY OF MORRO BAY 1 JULY 1992 - 30 JUNE 1993 • f TABLE OF CONTENTS • ARTICLE NO. SUBJECT PAGE 1 PURPOSE 1 2 TERM 1 3 RENEGOTIATIONS 1 4 RECOGNITION 2 5 AUTHORIZED AGENTS 2 6 MANAGEMENT 2 7 ANTI -DISCRIMINATION 2 8 ASSOCIATION BUSINESS 3 9 DUES DEDUCTION 4 10 WORK SCHEDULE 5 11 SALARIES 6 12 MEDICAL INSURANCE 8 13 EDUCATION INCENTIVE 9 14 UNIFORMS 10 15 HOLIDAYS 11 16 VACATIONS 12 17 SICK LEAVE 12 18 SHOOTING QUALIFICATION PAY 13 • 19 OVERTIME 13 20 SPECIAL PAY 13 21 MILEAGE 14 22 OUT -OF -CLASS 15 23 WELLNESS PROGRAM 15 24 PERSONNEL FILES 15 25 DEPOSIT OF DEDUCTIONS 16 26 BULLETIN BOARDS 16 27 HEALTH AND SAFETY 16 28 FULL UNDERSTANDING 17 29 NO STRIKE, NO LOCKOUT 17 30 ASSOCIATION REPRESENTATIVES 18 31 GRIEVANCE PROCEDURE 19 32 PROBATIONARY PERIOD 21 34 SEVERABILITY 21 SIGNATURE PAGE 22 • MEMORANDUM OF UNDERSTANDING • BETWEEN THE MORRO BAY PEACE OFFICERS' ASSOCIATION AND THE CITY OF MORRO BAY ARTICLE 1 - PURPOSE 1.1 WHEREAS, the City of Morro existing under the laws of general law city; and Bay is a municipal corporation the State of California as a 1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure because it is a public entity rather than a profit -making business; and 1.3 WHEREAS, the Morro Bay Peace Officers' Association and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high -quality and economical municipal services and facilities to the residents of the City of Morro Bay. 1.4 THEREFORE, this Memorandum of Understanding is entered into as of 1 July 1988 between the City of Morro Bay, referred to as CITY and the Morro Bay Peace Officers' Association, referred to as ASSOCIATION. . 1.5 It is the intent and purpose of this memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay wage, hours of employment, and other terms and conditions of employment. ARTICLE 2 - TERM Except as otherwise provided herein, the term of this agreement Commences 1 July 1992 and expires and is otherwise fully terminated on 30 June 1993. ARTICLE 3 - RENEGOTIATIONS 3.1 In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other during the period 1 February to 15 April 1993, its written request to begin negotiations as well as its full and entire written proposals amending this Agreement. 3.2 Upon receipt of such written notice and proposals negotiations • shall begin no later than thirty (30) days after such receipt or 15 April 1993 whichever is later. 1 ARTICLE 4 - RECOGNITION 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 term "employee'°or "employees" as used herein shall refer only to employees employed by CITY in the employer classification comprising said unit as listed in ARTICLE 11 - SALARIES. ARTICLE 5 - AUTHORIZED AGENTS 5.1 For the express purpose of administering the terms and provisions of this agreement: 5.1.1 Management's principal authorized agent shall be the City Administrator, or his/her duly authorized representative (address: 595 Harbor Street, Morro Bay, CA 93442; telephone (805) 772-1214, except where a particular management representative is specifically designated in the agreement. 5.1.2 The Morro Bay Peace Officers' Association principal authorized representative shall be the President of the Association, or his/her duly authorized representative. . ARTICLE 6 - MANAGEMENT The CITY retains all rights not specifically delegated by this agreement including but not limited to the exclusive right to determine the mission of its constituent departments; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for proper cause; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies and exercise control and direction over its organization and the technology of performing its work. The determination of whether or not an emergency exists is solely within the discretion of the CITY and is expressly excluded from the grievance procedure, notwithstanding Article 10, WORK SCHEDULE. ARTICLE 7 - 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. • 2 ARTICLE 8 - ASSOCIATION BUSINESS • 8.1 RELEASE TIME FOR MEET AND CONFER 8.1.1 Employee representatives designated by the ASSOCIATION shall be granted time -off, without loss of pay, to attend "meet and confer" sessions with the Municipal Employee Relations Officer and/or his designees on subjects within the scope of representation when such meetings are scheduled during regular working hours. It is understood that this time -off provision shall only apply to a maximum of two employees attending any one meeting between CITY and ASSOCIATION. Where exceptional circumstances warrant, the City Administrator may approve the attendance at such meeting 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. • 8.1.2 Nothing provided herein shall limit or restrict City management from scheduling such meetings before or after regular City or work hours. 8.2 PROCESSING OF FORMAL GRIEVANCES 8.2.1 The ASSOCIATION agrees that whenever 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. Whenever possible, the investigation of a grievance shall be done outside normal work hours. 8.2.2 Association Representatives will be permitted reasonable time off with pay for the processing of grievances. Representatives, when required to process such grievances, shall first obtain permission from the Department Head or his/her designee and inform him/her of the nature of his/her business. Such permission will be granted promptly unless such absence would cause an undue interruption of work. If possible, the Representative shall obtain permission to process the grievance from the Grievant's Supervisor prior to the Representative leaving his/her worksite. 0 8.2.3 Upon entering a work location, the Representative shall inform the supervisor of the nature of his/her business. 3 Permission to leave the job will be granted promptly to the employee involved unless such absence would cause an undue interruption of work. If the employee cannot be • made available, the Representative will be immediately informed when the employee will be made available. ARTICLE 9 - WITHHOLDING OF ASSOCIATION DUES AND INSURANCE 9.1 It is agreed that CITY will withhold ASSOCIATION dues and ASSOCIATION group insurance premiums from the monthly pay of each permanent 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 the amount of each deduction; and authorizing CITY to issue a 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 Police Officer's 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. Also, such change notice must include a copy of the notice sent to the employees officially telling them of the change. 9.2 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 Bargaining Unit. Association members who establish payroll dues deduction during the term of this Memorandum Understanding must remain on payroll deduction for the life of this Memorandum of Agreement or so long as they remain members of the Bargaining 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 Personnel Department of their termination of Association dues deduction. Such notification shall be in the form of a letter containing the following information: Employee name, job classification and department name. 9.3 ASSOCIATION shall indemnify and save harmless the City of Morro Bay, it's officers, agents, and employees from any and all claims, demands, damages, costs, expenses, or liability arising out of this article. • 4 ARTICLE 10 - WORK SCHEDULE • A. NON SWORN PERSONNEL 10.1 NORMAL HOURS This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. 10.2 WORKDAY 10.2.1 The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. 10.2.2 The lunch period shall be held as part of the eight (8) hour workday. 10.3 WORKSHIFT 10.3.1 Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. 10.3.2 Except for emergencies, employees' workshifts shall not be changed without 24-hour prior written notice to the employee. 10.3.3 Call -out or overtime does not constitute a change in workshift. • 10.4 WORKWEEK The normal workweek shall be five (5) workdays and two (2) days of rest in a seven (7) consecutive day period, except in cases of emergencies. B. SWORN PERSONNEL Implementation of a nine (9) hour workday plan for sworn personnel only as follows: 1. Workday. The normal workday shall be nine (9) hours of work in a twenty-four (24) consecutive hour period, except in cases of emergencies. The lunch period shall be held as part of the nine (9) hour workday. 2. Work Period. The normal work period shall be a fourteen (14) workday period, comprised of eight nine'(9) hour workdays and one eight (8) hour workday as scheduled during the fourteen (14) workday period, except in cases of emergencies. 3. Overtime. 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. Increments of less than fifteen (15) minutes shall not be counted as overtime. For the purpose of defining hours worked, vacation leave and • holiday leave shall be considered as time worked in a work period. All overtime as defined herein, shall be paid at one 5 period. All overtime as defined herein, shall be paid at one and one-half (1.5) times the employee's regular rate of pay. 4. The implementation of this plan shall not incur any City • obligation to allocate additional sworn personnel, vehicles or equipment. All deployment of sworn personnel shall ensure effective and efficient delivery of police protection to the community sufficient to continue during time of vacation, sick leave, and Department approved training. 5. The City of Morro Bay retains the right without grievance or appeal to return to the five (5) day, eight (8) hour schedule. The Morro Bay Peace Officers Association expressly agreed to and does hereby waive any and all claims or rights to grieve or appeal a Management decision to return to the five (5) day, eight (8) hour schedule, and further agrees such decision is not within the purview of the Meyers-Milias-Brown Act and is herewith acknowledged as a Management Right. Were it not for this full waiver of rights, the City of Morro Bay would not agree to said work schedule. C. ALL PERSONNEL 10.5 EMERGENCIES 10.5.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties • for the purpose of meeting an emergency. 10.5.2 Such emergency assignments shall not extend beyond the period of said emergency. 10.5.3 Short staffing caused solely by absences due to employees taking approved paid leave shall not be considered an emergency. 10.6 SHIFT ROTATION Shift rotation shall coincide with the first day of the closest pay period. ARTICLE 11 - SALARIES 11.1 PERS CONTRIBUTION 11.1.1 The CITY shall continue a plan whereby the CITY shall contribute up to seven (7) percent of an employee's salary on behalf of the employee to the PERS. 11.1.2 The CITY contribution will be the employee's actual PERS obligation to a maximum of seven (7) percent. 0 11.1.3 These amounts paid by the CITY are employee contributions • and are paid by the CITY to partially satisfy the employee's obligation to contribute to PERS. 11.1.4 An employee has no option to receive the contributed amounts directly instead of having them paid by the CITY to PERS on behalf of the employee. 11.1.5 The Union understands and agree that employees bear the risk of payment of any increases in the employee contributions above the current percentage made by action of the PERS or the state legislature. 11.1.6 It is understood and agreed to by the parties that the CITY "pick-up" of the employee's PERS contribution is made in lieu of a wage increase. 11.1.7 Therefore, in all comparisons made with other agencies, the PERS percentage pick-up will be added to the salaries otherwise provided by the CITY to the employee, and then, comparisons will be made. 11.1.8 Parties agree that CITY payment of PERS contributions is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. 11.1.9 Should current tax treatment change, the Union and the . employee hold harmless the CITY, it's officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay part of the employee's PERS contribution. 11.1.10 Should current tax treatment change, the ASSOCIATION shall have the opportunity to meet and confer regarding any such changes. 11.1.11 The CITY agrees to continue to provide employees in this unit with a retirement benefit program through the Public Employees Retirement System (PERS) as follows: 1. 2% at 50 plan with 3rd level 1959 Survivor Benefit, (Section 21382.4) 2. Sick Leave Credit option, (Section 20862.8) 3. Highest Single Year Compensation (Section 20024.2) 7 11.2 SALARIES 11.2.1 Salaries during the term of the Agreement shall be as follows: Title Salary 1. Crime Prevention Coordinator $25,960 - $31,554 2. Dispatcher Clerk $20,625 - $25,816 3. Lead Dispatcher $21,657 - $27,109 4. Police Officer $25,771 - $32,345 5. Sergeant $30,681 - $38,199 6. Support Services Manager $21,844 - $26,819 11.2.2 It is agreed by both the CITY and ASSOCIATION that no increase in salary ranges will occur during the term of this agreement. However, should another City Employee Bargaining Unit receive salary range increases during the term of this agreement, beyond that already contracted and currently in effect, then the CITY agrees to similarly increase the salary ranges of those classifications in this ASSOCIATION. ARTICLE 12 - MEDICAL INSURANCE 12.1 HEALTH INSURANCE During the term of this agreement, the City shall offer both indemnity and HMO insurance plans, unless during the term of the Agreement the Employee Relations Committee recommends alternative carriers and the recommendation is accepted by the City Council. 12.2 DENTAL INSURANCE During the term of this Agreement, the City shall offer dental insurance through a dental carrier, unless during the term of the Agreement the Employee Relations Committee recommends an alternative carrier and the recommendation is accepted by the City Council. • L 12.3 Effective 1 July 1992 the employees shall pay the following • monthly premium rates for medical and dental insurance: Years of Service HMO Plan Medical Dental Total 0- 2 Emp.Only 0 0 0 +1 $40.66 $8.89 $49.55 +2/family $86.48 $9.12 $95.60 3 - 4 +1 $31.50 $6.93 $38.23 +2/family $70.40 $7.43 $77.83 4+ +1 $21.92 $4.92 $26.89 +2/family $54.32 $5.75 $60.07 Indemnity Plan 0- 2 Emp. Only 0 0 0 +1 $ 78.42 $ 8.90 $ 87.32 +2/family $184.02 $11.99 $196.01 3 - 4 +1 $ 68.42 $ 7.57 $ 75.99 +2/family $167.47 $10.78 $178.25 4+ +1 $ 59.89 $ 6.46 $ 66.35 +2/family $152.46 $ 9.69 $162.15 • 12.4 Any changes to the dependent portion of medical or dental premiums that occur during the term of this Agreement shall be shared one half by the employee and one half by the City. 12.5 It is agreed that the City's Employee Relations Committee shall, effective with the next solicitation of Requests for Proposals explore the feasibility of retiree health care beyond COBRA time requirements. Any coverage made available to future retirees shall be paid for by the retiree and the cost sharing of such a plan shall be subject to mutual agreement by the CITY and ASSOCIATION. ARTICLE 13 - EDUCATIONAL INCENTIVES 13.1 CITY agrees to reimburse the cost of tuition and books for members of the ASSOCIATION successfully passing courses approved and authorized in advance by the Chief of Police and the City Administrator. Successful passing of a course is defined as a final "C" grade or better. All books paid for by CITY will become City property to be used as a police library. CITY agrees to provide a City vehicle for transportation to and from classes on a car-pool basis and as a vehicle is available. No mileage payments are authorized for personal • transportation. V] 13.2 For ASSOCIATION members possessing the Intermediate P.O.S.T. Certificate, CITY agrees to pay an increase of three percent • (3%) over the salary range and step schedule established for the position classification held by the ASSOCIATION member and as specified in the prevailing resolution adopting a Salary Schedule and Position Classification for City employees. 13.3 For ASSOCIATION members possessing the Advanced P.O.S.T. Certificate, CITY agrees to pay an increase of six percent (6%) over the salary range and step schedule established for the position classification held by the ASSOCIATION member and as specified in the prevailing resolution adopting a Salary Schedule and Position Classification for City employees. ARTICLE 14 - UNIFORMS 14.1 The uniform of the Law Enforcement Unit is a two-piece work uniform of a style, material, and manufacture determined by the Police Chief. Two (2) sets of uniforms, one (1) jacket and hat, and one (1) set of safety equipment will be provided to each ASSOCIATION member by the CITY upon initial employment with the Police Department. Replacements will be provided by the CITY on an "as needed basis" as determined by the Police Chief. Each ASSOCIATION member shall be responsible for the maintenance of said uniforms and equipment, and must furnish their own safety footgear of a type, style, and manufacture as determined by the Police Chief. 14.2 Beginning 1 July and ending 31 July of each year, the Police • Chief will cause to be received written requests for bullet- proof vests from any ASSOCIATION member so desiring one. The number of bullet-proof vests purchased and issued each year shall be determined by the Police Chief. Each Association member issued a bullet-proof vest shall wear such vest at all times while on -duty. 14.3 Uniforms for dispatchers shall be as set forth in Morro Bay Police Department General Orders U-1, Uniform and Equipment Regulations and Specifications. 1] 10 ARTICLE 15 - HOLIDAYS • 15.1 For purposes of this agreement, the following days are the holidays for the employees in this unit: New Year's Day January 1 Martin Luther King Jr. Day 3rd Monday in January Lincoln's Birthday February 12 Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Friday after Thanksgiving Christmas December 25 Day after Christmas December 26 Floating Holiday Varies 15.1.1 Employees shall earn eight (8) hours of holiday in -lieu time on the day of the holiday. The eight ( 8 ) hours of floating holiday in -lieu time are earned the first pay period of each fiscal year. It is agreed that no employee is guaranteed the actual holiday as a day off. 15.1.2 Employees who work on a holiday listed above shall receive an in -lieu holiday as provided in 15.1.1, and • also shall be paid one and one-half (1.5) times their base hourly rate for the hours actually worked on the holiday. 15.2 Holidays Proclaimed by Government Officials It is agreed that when a holiday is proclaimed by the Mayor of the CITY then each permanent member of the Morro Bay Peace Officers' Association shall be granted time -off 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. 15.3 Employees have no limit on the maximum amount of holiday time they may accumulate. However, when an employee terminates employment with the CITY, he/she shall receive pay for his/her current holiday balance up to a maximum of 48 hours at his/her current base hourly rate. 15.4 CITY's denial of requested holiday time off shall be neither arbitrary nor capricious. lil ARTICLE 16 - VACATION 16.1 The following is a list of vacation accrual entitlement by , years of employment. ENTITLEMENT YEARS IN DAYS 1 - 2 10 3 - 4 11 5 12 6 - 7 13 8 - 9 14 10 - 11 15 12 - 13 16 14 - 15 17 16 - 17 18 1s - 19 19 20 or more 20 In determining priority of individual members for assignment of vacation periods, "seniority within rank" shall be the primary criteria. It is agreed that every effort will be made to permit ASSOCIATION 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 entitlements. 16.2 VACATION ACCUMULATION Unused vacation leave may be carried over into the following year to a maximum of 240 hours. An employee who terminates will have his/her vacation paid off to a maximum of his/her current annual entitlement. Unused vacation leave otherwise earned exceeding the authorized carry-over shall be paid -off as of the pay period containing December 31 of each year, at the employee's current base hourly rate of pay on June 30 of the same calendar year. ARTICLE 17 - SICK LEAVE Paid sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar month of service. There is no limit on the amount of unused sick leave hours that may be accumulated by members of this unit. • 12 ARTICLE 18 - SHOOTING QUALIFICATION PAY 18.1 The parties agree that employees in this unit will participate in four (4) range sessions per fiscal year. Two (2) range sessions will be practice and two (2) will be qualifying range sessions. Qualifying range sessions will be scored "PASS" or "FAIL". 18.2 CITY agrees to pay a monthly shooting qualification pay of $20.00/mo.to ASSOCIATION members who earn a passing score at qualifying range sessions. 18.3 Qualification rounds will be fired with service weapons and against targets prescribed by the Chief of Police. ARTICLE 19 - OVERTIME - NON -SWORN PERSONNEL Overtime is defined as all work authorized by management and actually worked by the employee in excess of forty (40) hours worked in a workweek. Increments of less than fifteen (15) minutes shall not be counted as overtime. For the purpose of defining hours worked, vacation leave and holiday leave shall be considered as time worked in a workweek. All overtime as defined above shall be paid at one and one-half (1.5) times the employee's regular rate of pay. . NOTE: 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. ARTICLE 20 - SPECIAL PAY PRACTICES 20.1 STANDBY Standby duty is defined as that circumstance which requires an employee so assigned to: 20.1.1 Be ready to respond immediately to a call for service; 20.1.2 Be readily available at all hours by telephone; and 20.1.3 Refrain from activities which might impair his/her assigned duties upon call. 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. 20.2 CALL BACK Call back is defined as: • 20.2.1 That circumstance which requires an employee to 13 unexpectedly return to work after the employee has left work at the end of the employee's workshift or workweek; except that, an early call in of up to two (2) hours • prior to the scheduled start of a workshift shall not constitute a call back; or, 20.2.2 Required off -duty court appearance. Employee's on call 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. An employee shall not receive standby pay for the same hours.he/she received call-back pay. 20.3 FIELD OFFICER/DISPATCHER TRAINING PAY 20.3.1, An employee who is a POST qualified FTO and is assigned as an FTC, shall receive an additional one dollar ($1.00) per hour when he/she actually performs the duties of an FTO. 20.3.2 An employee who is in the classification of Dispatcher and is assigned to train a new Dispatcher, shall receive an additional one dollars ($1.00) per hour when he/she actually performs the duties of a Dispatch/Trainer. 20.3.3 The parties agree, the Chief has the right to assign the FTO function to any qualified FTO and to assign the Dispatcher Training function to any qualified Dispatcher. 20.4 ACTING WATCH COMMANDER PAY 20.4.1 An employee who is assigned as an Acting Watch Commander shall receive an additional one dollar ($1.00) per hour when he/she actually performs the duties of an Acting Watch Commander. 20.4.2 The parties agree, the Chief has the right to assign the Acting Watch Commander function to any qualified employee. ARTICLE 21 - MILEAGE 21.1 CITY will pay $.205 per mile as reimbursement to employees for all mileage they incur when on official business. 21.2 Except where the nature of the assignment requires a marked vehicle, the employee has the option of using his/her personal automobile on official business outside of the City. \J 14 ARTICLE 22 - OUT -OF -CLASS ASSIGNMENT �22.1 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. 22.2 If an employee is required to work in an out -of -class assignment for more than fifteen (15) work days, within a calendar month his/her department head shall, with prior approval of the Personnel Officer, make an acting appointment. Such acting appointment shall be effective on the sixteenth (16th) work day within a calendar month of the out -of -class assignment. 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 (50) increase above his/her current base salary. ARTICLE 23 - WELLNESS PROG 23.1 All employees in the unit will, at annual performance evaluation time, have their blood pressure checked and a cardiac monitor reading done by certified EMT-II's at the City • Fire Department. 23.2 Results of the tests are submitted in confidence to the employee, the evaluating supervisor, the department head and Personnel Officer, and reviewed for preliminary physical conditioning recommendations. ARTICLE 24 - PERSONNEL FILES 24.1 DEFINITION An employee's official personnel file shall be kept in the Personnel Department under the control and custody of the Personnel Officer. The Police Department may maintain employee records, but such records must be made a part of the official file before they may be used as a part of any personnel action. Files developed as a part of an internal investigation may be maintained by the Police Department separate from the Personnel file. 24.2 ACCESS BY EMPLOYEE The contents of an employee's personnel file shall be made available to the employee, or with the employee's written authorization, to the employee's representative, at reasonable intervals during the regular business hours of the City. 15 24.3 PLACEMENT IN FILE The City shall notify an employee prior to the placement ' within the employee'$. personnel file of any,:material that would adversely effect.:the employee's performance evaluation, promotability or tenure. ,TheCityshsl3- give the employee the opportunity to review such adver8e-material and to attach a statement thereto. The employee shall initial such material to indicate that she/he has had an opportunity to review the material. 24.4 GOVERNMENT CODE Nothing herein is meant to diminish City rights provided by the Government Code. ARTICLE 25! DEPOSIT OF DEDUCTIONS It is agreed that City will deposit payroll deductions made payable to the -San Luis %Obispo City and County Employee Credit Union providing the ASSOCIATION makes arrangements for such services that are aCdeptable to both members and CITY under the same conditions as prevails for deductions under Article 9. ARTICLE 26—BULLETIN BOARD 26.1 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. 26.2'Association agrees itirshall not use bulletin boards to ridicule, defame, or harass any City employees, officer or agent. ARTICLE.27 - HEALTH AND SAFETY ARTICLE 27.1'Management shall provide and maintain safe and healthy work facilities and equipment. 27.2 Safety and health conditions in employment in the City of Morro Bay are. -subject to the provisions of State and Federal legislation, which regulates the health environment and safety conditions of the work place. 27.3 A Citywide Safety/Loss Control Committee shall be established and shall review accidents, review alleged safety deficiencies,• and recommend safety training and safety equipment. The Union may appoint one unit representative to serve on the committee. If the committee meets during the designated employee's normal working hours, the employee shall receive paid release time to attend the meeting. • 16 0 27.4 If an employee becomes alerted to an unsafe condition.,' br .,' health hazard, -he/she shall report such conditions. to_ his/her immediate supervisor. If such Conditions. -cannot.: be satisfactorily. remedied by the immadi-rite supervisor -;".,'an employee has the right to submit the matter- ei.thor-,.'personally or through the steward to his/her Department Head or designated safety representative. On any =matter =of- safety _not resolved, after proceeding through- the`- above':s^process, consultation will take place between management and the Union if requested. 27.5 A first aid kit shall be furnished and maintained at work facilities readily and conveniently accessible `tb_;uiAt: employees. 27.6 Management agrees to provide to employees who are exposed to potentially toxic agents or toxic mat als the; `at)prQpri t&' medical services at no cost to the employee. 27.7 Any safety equipment required by the City. --:shall be furnished - by the City. ARTICLE 28 - MU UNDERSTANDING. MODIFICATION. WAIVER 28.1 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 entirety4, 28.2 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. ' 28.3 No agreement, alternation, 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 partieshereto, and if required, approved by the City and ratified by the membership of the Association. 28.4 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. 29.1 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. 17 -The term"other concerted action includes-- -.-picketing or boycott activities by the ASSOCIATION. y.. 29.2 Participation. by ,any, employee in any activityr';resulting in interruption of work or; other.. co %certed actiozTt.OtE use of paid or unpaid' leave for these purposes shall subject employee to disciplinary_ action, up<to and including, discharge, When the Municipal -.Employean32e1at ons =Officer has reason... to believe that;:. such ; leave ds cbe-Ing ` used as' a method .of interruption word, the burden of ,proof of illness is upon- the employee. Doctor's statements can be required. ARTICLE 30 - ASSOCIATION REPRESENTATIVES The CITY agrees. ,that the. ASSOCIATION maydesignxte_ representative to represent employees in .,the pro4zessing of. grievances. The ASSOCIATION shall furnisU,?the City!-LAdministratpr with a written list i, identa.fy nga by-._namef, :and worjF - location,, all regular and alternate representative.,atk3„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 hi:s/her immediate. supervisor and the two parties have failod to reach resolution of the problem, ARTICLE 31 PROCESSING OF FORMAL GRTEV�AICF= 31.1 The ASSOCIATION agrees that- Wflenever inve ti,qat;ion or ,processing of a grievance is tq;be transacted -ur:i.-n.g working bours_,,T-only the amount of time necessary to bring about a prompt disposition of ztixe matter, -,_will be utilized. It is farther=.;agreed that th,es:time spent- on ,.:an _ ,investigation and processing of grievances will not interfere.w�th-the normal operation of the department. CITY agrees to provide every reasonable amount of gtime_ for the .;investigation and the processing of -a;- grievarrce,? but by: -so• agrPging :>deeS ;not imply -that,the processing or-investigatipn of a_�grjevapFe ;shall take priority over normal functions of-thecdepartment.l.- ; CITY further agrees that any_ payment, of ,overt£ime arising because of ASSOCIATION per amne1's�.:.iny791:vement in; grievance krdestigation or prooessi,ng, Tiotebe.-}autheri_zed. Time spelt on the investigation and;;pr,@cessing ofa grievances will be recorded on a form provided by CITY. Stewards will be permitted reasonable time -off, with 'pay fors -the -investigation and proces,:X - of gr evances-provided,, however, that stewards shall first obtain permission from the department head and/or his/her designee andjinformr.him/her- of; the nature of his/her business. CITY sha11 grant - such :permission promptly unless such absence would cause; an ,undue interruption of work or would require, the GITY_to - pay overtime in ,order to maintain the normal operation of al}e:department: Upon entering the work location,, the steward shall inform the department head and supervisor. of the nature of his/her 0 • U 18 business. Permission to leave a job :wi11 ben:granted..to::>the employee involved unless such =-absenpa zjaatta'd-" caus;e)yr a.n interruption of work. If the employee cannot be made available, the ' steward will seek -,an ` alternate.. ti�ae :-fbr<- employee availability with the department a'X i Or supex 3so It is agreed rthat in some "instances 'the ittvesttgation" aaAd processing of a- grievance may be -accotmp1ished Hof 7the - loyee`s time. This agreement is in recogniti6naotth'6+.Inutu"-shar`Y'sig of costs involved in the handling- of''emp-ILO)tee s4nitta'Ca�d actions. 31.2 GRIEVANCE PROCEDURE _A ' _ r F, _' " The primary purpose of ttjis procedure-'sha.11 be=.to= pr4vidd`_'::a means whereby : ; an employ"; without JeopirdlzilYrP�.�?"ifi�s, employment, can express a personal gtievw1ce zelat] g t+o= riffs C wages, hours of- work, and working condttions,'- aTfiY' obtain: a fair and equitable disposition` of his-gr evance ""•Ga= g = - �' 31.2.1 DEFINITION OF INFORMAL GRIEVANCE "" An informal grievance is-,dafined as`- a-'Voirba1.-disagrdeknerit� by an employee expressed: to him suPerVisOf With .a r(�Nqudwt_"1v to informally discuss the grievance with the supervisor and/or the department head. 31.2.2 DEFINITION OF FORMAL GRIEVANCE C .,... • A formal grievanceshall be defined as any-'+ itteb complaint of an employee'' filed with his immediate supervisor' within thirty (30) days of the subject 5$` tkYe grievance relating to --his wager i= hours -. of` Vork`; "dhd i` working • conditiorits,.- 31.2.3 INFORMAL DISCUSSION WITH 'SUPERVISOR An employee<-ihal'l first pursue al-1' -informal' gYievahcea with his -supervisors and :at, anyvtime`that ''the --employee or the supervisor or department head deem that the informal grievance is a formal grievance, the employee may reduce it to a- formal wrilcten grievance..' An'"employee with=an informal grievance - is ' encbu agi:d %''first to attempt~ to resolve the problem by di=scussing At _informally with=his first link: supervisor bdf ore "filing_a-'written =grievand�', 31.2.4 FORMAL CONFERENCE WITH SUPERVISOR'- If an employee does not obtain �satisfactiow-' of this informal grievance-, by means of'- -anT'. informal discussion with his supervisor, or if he' -.is -unable 'to =communicate with his supervisor,' he 'and/or his iepresentative Iaay, by written grievance, request and shall be accorded-a'formal conference within tdn- "(10')=-:days' 'with- the" --Supervisor and/or department head`. The-dedisionof the supervisor shall be reported to the employee and/or his representative within five'(5) business days of the date • the conference was held with the.supervisor.' -- 19 s 31.2.5; DPARTMELt, RFyV7Etr C ., In the event the employee does Iot obtain s��rsfaction at any level of review by means of informal ''or formal grievance and a formal conference with h}s supervisors, lie and . /or hi,s ;representative may submit. -the grievance in Wr iting :tp £4e _ 'supervisor. oY_ department , 'head. The _wf grocedurg-tc1 be followed by'_th supervisor w}10;receives a c r evaxlce, in_� , �frit;ng shall" be established by each department head 'for his department, and shall include review of the grievance by the immediate supervisor and such successively higher levels of management as may be determi j eci by ..the department ,hea 3. A cumulative record of the, _d4c14so -� n',and the reas®ii' for the decision at each le ex `of rev;_pw shall be` maintained:. Tiie7 ultimate decision. shill " be - triat ; of ttfe department, head. The d2c,ision.;must; be.-keported to 'ahe .Employee ,in writing wkthj17 te-n _'(lQ) 4i siness days of `thedate "that the reggests,; for , (�gparl`14ental review was $ialSmitted to the supervisor. � _ _ 31 2 6. APPEAL Td TfiE`C �Y ADMINISTRATOP ��n_the av@ntiie employeees 'hdt obtain satisfaction by meads_z, of the departmental ;review, he and/or his rgpre�.en: tive shall- submi£ the .grievance in '_writing to 1. ::. tije Citycptinistrator. wit ln.-�te3i (40) days" after notIrication 6T-t$e departmeSn a1 deoision is"given to the employee. The City Admini st atbr maymeeet with the;; • employee and/or his representative and the department head before making a de'cls on;=- or may---- waive admini& ,native review and refer, the, grievance directly to a --committee ' of the` City, Coui�r i" appoint`ed'-to""` hear grievances. A copy of his aecisiori on -the b6-!"ter must be presented to the employee within ten (10)'"'business days of the date the grievance was filed .with the City Administrator. c" 31.2.7 SUBMISSION TO A COMMITTEE OF THE CITY COUNCIL _. In the event that the employee Noes' '=sot -obtain satisfaction by means of the administrative ,procedures ojat�ined _above', he ""stay recjuest a''YY2aring tJy `a .committee of- the "City Cguncil. The ;Hearing shah bz` held by the committee' wit��n ,fifteen -(.15) business da+ "of the date of receipt df _I& request at the conveh'ience of all parties, unless waived by common consent of the employee and the department head. The hearing shall be informal. The employee and/or his representative, the department head and/or the City Administrator shall appear before the committee to present facts pertinent to the case. The burden of proof shall rest with the employee. The committee shall limit its review of the grievance procedure and shall make its decision within thirty (30) U 20 W` days after the termination of: the .hearing, unless a reasonable time extension is deemed-nec`eesary and aflS, parties are notified. '' 31.2.8 TIME LIMITS In the case of time liiurts outline$ abode ate not observed, ii the representative of-, the City ,..,tire a ployee and/or his representative,�shall .".ve 'the ri 31t t`d. carry the grievance directly to the rlextj-highef 'level of review. 5r 17 31.2.9 GROUP GRIEVANCE PROCEFURZ".." The recognized ' emplgee. _ organjzatlont tky`_present a general 4rievance. ,(af�ecting. ,"seyefal, "employees) in writing directly to`the City A&iinistratgr." upari'receipt of such a.,_grievance, '`the 'City, Administrator'h shall establish a.`. - time -,r; a -.hearing, at'which -time all ' affected arties ma aar before ,the eit Administrator �.. x. Pd�e y to present facts pertinent to the `f sue. The',4eeYsion of the City Administrator shall be presented ta''all"'arties concerned within fifteen,,(15), bus ness.day�_and shall be appealable by.. the ,,gro`u'p 'to a_. committee -of -tile. City " `= Council for 'their__..find9.rigs anti recommendations LLwithin thirty (.3o,) days If either party aiSYies to,app a ', they may file an' appeal., with the City Council as 3' whole within.. five ., (5 j working "days of t' ,O f nsi decision 'of the committee of the Cit`Council _. ARTIBATIONARY PERI( The parties agree that effective 1 Suly`41 88 any �appolb. *11 to fill vacant pos�.taons. shall: Abe_ subject" to the` following probationary periods ` Sworn personnel ��18 months Non -sworn personnel - 12 months ARTICLE 33 - SEZERAB7"TY If any provisions) are. heldito be-ontraxy to law" by a court a competent jurisd Ctift, _ such r yi ns will not bdeemed- valid and subsisting except to the, extent permitted 'by law, but' all other provisions will continue in kull,force and effete;" 21 :. i 4 MDtZ O $AY PLACE OFFI SOC. Dale SaFy�' ;/ CITY OF MORRO BAY By: ;divLo�,� Forrest W. Henderson • 22