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HomeMy WebLinkAboutResolution 64-94 to 125-94RESOLUTIONS 1994 NO. TITLE ADOPTED 64-94 Confirming Diagram Boundaries and Levying An Assessment for the Bayshore Bluffs Park Maintenance Assessment District 07-11-94 65-94 Awarding Bid for Two New Heavy -Duty One -Ton Trucks with Utility Bodies 07-11-94 66-94 Confirming the Report of City Staff Regarding the Weed Abatement Procedure and Making Assessments 07-11-94 67-94 Ratifying San Luis Obispo Council of Governments Joint Powers Agreement For Fiscal Year 1994/95 07-11-94 68-94 Approving Sublease for Portion of Lease Site 91-92/91W-92W 07-11-94 69-94 Designating the City Official Responsible For Acting on the City's Behalf on all Matters Pertaining to the 1993 Community Development Block Grant 07-25-94 70-94 Authorizing the Mayor to Execute the Second Amendment to Contract Loan With the Department of Boating & Waterways 07-25-94 71-94 Awarding Contract for Construction of a 22-Foot Harbor Patrol Vessel 07-25-94 0 RESOLUTIONS 1994 NO. TITLE ADOPTED 72-94 Rescinding Resolution No. 98-93 (Mooring Location for Sandal Makara) 07-25-94 73-94 Establishing Water Rates for Licensed Health Care Facilities 07-25-94 74-94 Establishing Travel Subsistence Rates While on Official Business for the City 08-22-94 75-94 Establishing Community Development Department and Police Department Rate Schedules for Fiscal Year 1994/95 08-08-94 76-94 Rescinding Resolution No. 118-89 and Establishing a Policy for Travel and Related Expenses Incurred on Official Business For the City 08-22-94 77-94 Denying the Appeal of the Planning Commission Action, and Upholding the Code Enforcement Officer's Determination 08-22-94 78-94 Approving Amendment to the Housing Element of the General Plan 08-22-94 79-94 Appointing North Coast Engineering, Inc. As City Engineer 08-22-94 80-94 Restricting Parking in City Parks 08-22-94 0 RESOLUTIONS 1994 NO. TITLE ADOPTED 81-94 Reciting the Fact of the Special Municipal Election Held in the City of Morro Bay On the 9'h Day of August, 1994; Declaring The Results Thereof, and Such Other Matters As are Provided by Law 08-16-94 82-94 Adopting the Source Reduction and Recycling Element, Household Hazardous Waste Element, Environmental Impact Report and Non -Disposal Facility Element 08-22-94 4o 83-94 VOID 84-94 Adopting a Revised Conflict of Interest Code And Superseding Resolutions in Conflict Therewith 09-12-94 85-94 Declining Invitation to Participate in the Nacimiento Water Supply Project 09-12-94 86-94 Amending the Fiscal Year 1994/95 Budget To Reflect Salary Adjustments 09-12-94 87-94 Approving Amendments to Chapter IV — Visual Resources and Scenic Highway Element of Morro Bay General Plan 09-26-94 88-94 Approving Public Area Use Permit for The 1994 Harbor Festival 09-26-94 • RESOLUTIONS 1994 NO. TITLE ADOPTED 89-94 Approving Public Area Use Permit for The Cal Poly Crew Club Practice 09-26-94 90-94 Appointing a Delegate to Serve on the San Luis Obispo County Air Pollution Control District Board 09-26-94 91-94 Approving Amendment No. 1 to the Master Lease for Lease Sites 71-74/71 W-74W to Restructure the Percentage of Gross Sales Schedule and Extend the Water Area of the • Lease 09-26-94 92-94 Approving Amendment No. 1 to the Master Lease for Lease Sites 75-77/75W-77W to Restructure the Percentage of Gross Sales Schedule and Extend the Water Area of The Lease 09-26-94 93-94 Resolution Approving a Five -Year Lease with Morro Bay Marina for Mooring Zone Al-4 09-26-94 94-94 Resolution Rescinding Previous Action Regarding Upsizing of the Chorro Valley Pipeline and Requesting Hydraulic Capacity of Phase II Design And Construction to Meet Minimum Criteria for The City of Morro Bay's State Water Project Entitlement 09-26-94 95-94 Resolution Accepting an Offer of Dedication For a Portion of Handicap Ramp at Southeast . Corner of Main and Avalon Street 10-10-94 r-1 LA I� L n LJ RESOLUTIONS 1994 NO. TITLE ADOPTED 96-94 Resolution Opposing "Save our State" Initiative (Proposition 187) 10-10-94 97-94 Resolution Declaring the Final Amounts of Assessments for the Mimosa Street Assessment District 10-10-94 98-94 Resolution Authorizing Execution of Contract With the California Department of Forestry and Fire Protection for a Small Business Administration Tree Planting Program Grant 10-24-94 99-94 VOID 100-94 Resolution Opposing Proposition 188 and any Statewide Laws Which Pre-empt and Weaken Local Tobacco Control Ordinances 10-24-94 101-94 Resolution Amending the 1994-95 Fiscal Year Rate Schedule to Revise the Planning and Building Department Master Fee Schedule for Fiscal Year 1994-95 10-24-94 102-94 Resolution Requesting Bars and Cocktail Lounges To Voluntarily Post Signs Warning Patrons of the Hazards of Second Hand Smoke 10-24-94 103-94 VOID . RESOLUTIONS 1994 NO. TITLE ADOPTED 104-94 Resolution Approving, Authorizing and Directing Execution of Lease and Option to Purchase Agreement No. 1994-1 for the Refinancing of the Community Center 11-14-94 105-94 Resolution Authorizing Revision of Morro Bay Municipal Code Ad -Hoc Committee's Scope Of Work 11-14-94 106-94 Resolution Approving Amendments to the Del Mar Park Master Plan and to the . Conditional Use Permit Concept Plan 11-14-94 107-94 VOID 108-94 Resolution in Support of San Luis Obispo Council of Governments Resolution No. 94-19 (State Transportation Funding Shortfall) 11-14-94 109-94 Resolution Authorizing Extension of Existing Cooperative Agreement Regarding the Use of Mortgage Credit Certificates in the City 11-14-94 110-94 Resolution Approving Interim One Year Lease With Wilhelm and Tina Hoppe for a Portion of Lease Sites 93-95/93W-95W 11-14-94 111-94 Resolution Consenting to the Assignment of a Non -Exclusive Cable Television Franchise from Sonic Cable Leasing Corporation to Sonic Cable • Television of San Luis Obispo 11-28-94 • RESOLUTIONS 1994 NO. TITLE ADOPTED 112-94 Resolution Authorizing the Designation of a Four -Way Stop Intersection at Harbor Street And Piney Way and Installation of a Stop Sign On Piney Way at Kennedy Way 11-28-94 113-94 Resolution Prohibiting On -Street Parking Along Portions of Quintana Road, Piney Way and Kennedy Way 11-28-94 114-94 Resolution Accepting Improvement Agreement, Granting of Entrance and Sign Easements from • Piney Way by the City, and Offer of Dedication By Cypress Plaza Shopping Center for Water and Sewer Easements and by St. Timothy's Church To Facilitate the Extension of Piney Way to Kennedy Way I1-28-94 115-94 Resolution Authorizing the City Attorney to Sign a Settlement Agreement (City of Morro Bay v. Price) I 1-28-94 116-94 Resolution in Support of the Cayucos Bike Path Committee's Goal of Establishing a Bike and Pedestrian Path Between the Communities of Morro Bay and Cayucos 11-28-94 117-94 VOID 118-94 Commendation to Kathleen Leech-Marosz for Her Service to the City 12-12-94 • RESOLUTIONS 1994 NO. TITLE ADOPTED 119-94 Resolution Reciting the Fact of the General Municipal Election Held in the City on the 8"' of November 1994; and Declaring the Results Thereof 12-12-94 120-94 Resolution Amending Resolution No. 07-94 To Provide a Schedule for Effectiveness and Implementation of the Water Management Plan, Approved as an Incorporation and Amendment To the City's Adopted General Plan and Local Coastal Plan Policies and Programs on • February 28,1994 12-12-94 121-94 Resolution Awarding Construction Contract for Project No. PW 94-04; Floating Docks Replacement Project, Dunes Street and Launch Ramp West to Associated Pacific Constructors 12-12-94 122-94 Resolution Designating On -Street Handicapped Parking Space Along Shasta Avenue Immediately Adjacent to a Wheelchair Ramp Located at the Northwesterly Intersection of Shasta Avenue and Harbor Street 12-12-94 123-94 Resolution Authorizing to File a Grant Application To the Department of Boating and Waterways For the Construction of a Boat Launch Ramp at Target Rock/Coleman Beach 11 12-12-94 • RESOLUTIONS 1994 NO. TITLE ADOPTED 124-94 Resolution Approving the Assignment of Lease Site 65-66/65W-66W from James & Beverly Maul to the James H. Maul & Beverly Maul Revocable Trust 12-12-94 125-94 Resolution Extending the Expiration Dates of Commission and Advisory Board Members 12-12-94 RESOLUTION NO. 125-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA EXTENDING THE EXPIRATION DATES OF COMMISSIONS AND ADVISORY BOARDS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the expiration date for terms on City Council commissions and advisory boards is December 31st of the year individual terms expire; and WHEREAS, the City Council wishes to extend that date in order to consider reorganization and/or modification to advisory boards and their respective rules and regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that in order to maintain continuity of the business of the various boards, the City Council does hereby extend the date of those advisory board • positions which expire December 31, 1994 to January 31, 1995. PASSED AND ADOPTED by the City Council of the city of Morro Bay at a regular meeting thereof held on the 12th day of December, 1994 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None I nt ., ATTEST: BRIDGET BAUER, City Clerk • WILLIAM YATES, November 1994 Name CITY COUNCIL (5) William Yates Susan Mullen Colby Crotzer Ben Luna Ahnawake Unger PLANNING COMMISSION (5) Howard Smith Janice Peters Henry Garcia Bernard Melvin Charles Reasor CITY OF MORRO BAY COMMISSIONS AND BOARDS Title Appointed Mayor Vice Mayor Councilmember Councilmember Councilmember Chairperson Vice -Chair Commissioner Commissioner Commissioner RECREATION AND PARKS COMMISSION (7) Mary Jane Puett Chairperson Dixon Hafley Vice -Chair (Seniors) Karen Berger Commissioner John Geever Commissioner Lvnda Merrill Commissioner (Youth) Gregory Wilson Commissioner Leahah Winter Commissioner 0 12-01-92 12-04-90 12-01-92 12-04-90 12-01-92 12-15-93 12-13-93 09-20-93 06-12-91 12-29-92 01-07-92 12-29-92 12-31-93 12-15-93 12-29-92 12-15-93 12-31-92 Expires 11-08-94 11-08-94 ]1- -96 11-08-94 11- -96 12-31-97 12-31-97 12-31-94 12-31-94 12-31-96 12-31-95 12-31-94 12-31-95 12-31-97 12-31-94 12-31-97 12-31-96 Name Title Appointea HARBOR ADVISORY BOARD (7) • Don Lockwood Chair 01-03-91 Recreational Boating Dean Tvler Vice -Chair 12-29-92 Waterfront Leaseholders Assoc. Paul Cueni Member 12-29-92 Morro Bay Commercial Fishermens Asso. Gene Doughty Member 12-15-93 Los Osos/Bayw=:i Jody Giannini Member 01-03-91 Marine -Oriented Business Valerie Seymour Member 12-15-93 Member -at -Large Steven Wise Member 12-29-92 Member -at -Large WATER ADVISORY BOARD (7) Edwin McCracken • John Lemons Steve Carnes Tish Eaton Hilary Everett Ann Freeman Rodger Ewing Glen Priddy Bud Laurent 40 Chair 12-15-93 Vice -Chair 01-07-92 Member 11-03-93 Member 01-10-94 Member 11-03-93 Member 01-07-92 Member 02-17-94e Advisor, County Engineering County Supervisor Expires 12-31-94 12-31-96 12-31-96 12-31-97 12-31-94 12-31-97 12-31-96 12-31-96 12-31-94 12-31-95 12-31-96 12-31-95 12-31-94 12-31-95 Name Title Appointed Expires STREETS AND TREES COMMITTEE (7) Member 12-29-92 12-31-96 Richard Eragale Member 03-23-92 12-31-94 Kathleen Leech-Marcxz Member 03-06-91 12-31-94 Wallace McCray Member 12-15-93 12-31-97 Jon Samaha Member 01-10-94 12-31-97 John Whitacre Member 03-06-91 12-31-94 Rosalie Valve Member 02-17-94 12-31-96 FRANCHISE ADVISORY HOARD (7) Chair 01-01-90 12-31-97 Meredith Bates Member 01-07-92 12-31-95 Don Doubledee Member 06-17-93 12-31-97 Bill Olson Member 01-07-92 12-31-95 Jeanne Small Member 09-14-92 12-31-96 Barbara Koiaczyk Member 12-15-93 12-31-94 Robert Lytel Member 03-15-93 12-31-96 COMMUNITY PROMOTIONS COMMITTEE (up to 7) Ed Biaggini Chair 03-06-91 12-31-94 Motel/Restaurant John Zaver Vice Chair 12-29-92 12-31-96 Member -at -Large Rodger Anderson Member 12-29-92 12-31-96 Embarcadero Business Nan Clark Member 12-29-92 12-31-94 Member at Large Roxanne Kelly Member 12-15-93 12-31-94 Merchants William Peirce Member 02-17-94 12-31-97 Chamber Gary Gillman Member 03-28-94 12-31-97 Member -at -Large Forrest W. Henderson Staff (City) 09-14-92 Suedene Nelson Staff (Chamber) 08-90 COUNCIL AD -HOC COMMITTEES • Name Title Appointed TRANSPORTATION COMMITTEE (6) William Yates Chairperson 12-14-92 (Council Liaison) Jim Olson Member 03-24-87 Business Bill Reynolds Member 03-24-86 Seniors Bea Rohan Member Ridership Vacant Member Transit Operations Vacant Member Disabled MUNICIPAL CO➢E COMMITTEE (7) • Ric Deschler Member 01-01-94 David Elliott Member 01-01-94 M. 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C S T Y C O UN C S L P O L S C Y S T A T E M E N T SUBJECT: Guidelines for Selection of Advisory Board Members BACKGROUND The City Council has established and may continue to establish advisory bodies to perform specific tasks for the City. This process furthers the goal of a participatory government, and encourages open communications between the City Council and its citizens. Advisory board and commission members provide advice and input to the City Council and serve as proactive and reac- tionary sounding boards on various issues and problems con- fronting the City. Citizens appointed by the City Council to serve on advisory bodies render valuable service to their commu- nity and to the City. At a minimum, the City Council annually considers applicants for appointment to vacancies routinely occurring on various advisory bodies. At a special meeting of 03 January 1991 to interview candidates, the City Council espoused certain policies and prac- tices they wished to govern the selection and consideration of prospective and existing advisory board members. This Policy Statement formally records these actions. POLICY 1. The City Council will set a specified date and time to interview every candidate for appointment to an advisory board or commission. Interviews before the Council are required of incumbents seeking re -appointment as well as first-time applicants. 2. Candidates unable or unwilling to appear for the scheduled interview before the City Council shall not be considered for appointment. 3. If an individual serving a term of office on one advisory board or commission wishes to be considered for appointment to a vacant position on another board or commission, the individual must first resign their present position before the City Council will recognize the standing of that indi- vidual as a candidate for appointment to another City board or commission. 4. No individual shall be appointed to or serve on any one advisory board or commission for a period longer than two (2) consecutive full terms of office without a minimum one year break in service. • 5. Each officer of every advisory board and commission shall be a qualified voter of the City of Morro Bay. 6. Absence of a duly -appointed advisory boardmember or commis- sioner from three (3) consecutive meetings of their respec- tive board or commission during the calendar year, without formal consent of the board or commission recorded in its official minutes, constitutes the voluntary resignation of such absent member and the position shall automatically be declared vacant. This Policy statement shall be attached to all Applications for Appointment to inform prospective candidates of its content and applicable City policies. ADOPTED: 28 January 1991 2.28.010 r. Chapter 2.28 PLANNING COMMISSION* Sections: 2.28.010 Established. 2.28.020 Functions. 2.28.030 Membership and qualifications. 2.28.040 Appointments and vacancies. 2.28.050 Terms of office. 2.23.060 Election of officers. 2.28.070 Presiding officer. Z 23.080 Rules and regulations. 2.28.090 Quorum. 2.28.100 Absence. 2.28.110 Secretary. 2.28.120 Duties and responsibilities. i See alto Tide 17, zoning regulations_ Fa s[AMt y provisions regardieg the atablishmeot of a city planning commission, see Gov. Code § 65100 et seq. 2.28.010 Established. There is established a planning commission under and by authority of Chapter 3, Title 7 of the Government Code of the state. (Ord. 62 § 2 (part), 1967: prior code § 5301) 4 2.23.020 Functions. The functions of the planning commission shall be as follows: A. To develop a general plan and recommend its adoption by the city council; B. To maintain the general plan after its adoption by the city council; C. To develop specific plans as may be necessary to implement the general plan; D. To periodically review the capital improvement program of the city for recommendations to the city council;. E. To perform such other functions as the city council may direct. (Ord. 62 § 2 (part), 1967: prior code § 5302) 2.28.030 Membership and qualifications. The planning commission shall consist of five members and they shall be qualified electors and residents of the city. (Ord. 62 § 2 (part), 1967: prior code § 5303) 2.28.040 Appointments and vacancies. Members of the planning commission shall be appointed by and serve at the pleasure of the city council. Vacancies shall be filled for the unexpired term only. (Ord. 62 § 2 (part), 1967: prior code § 5304) 2.23.050 Terms of office. Members of the planning commission shall serve for a period of four years commencing January 1, 1967. The term of office of one member shall expire on December 31, 1968 and every four years thereafter, the term of office of two members shall expire on December 31, 1969 and every four years thereafter, and the term of office of two members shall expire on December 31, 1970 and every four years thereafter. The terms of office of the first appointed members of the planning commission from • and after the date of adoption of the ordinance coded herein shall be as specified by resolution of 29 (Mono By 242) 2.28.050 • the city council. (Ord. 62 § 2 (part), 1967: prior code § 5305) 2.28.060 Election of otPcers. At the first regular meeting following the adoption of the ordinance codified herein, the members of the planning commission shall elect a chairman and vice chairman, who shall hold office until December 31, 1968. Thereafter, an election is to be held once each year at the first regular meeting held in January. (Ord. 62 § 2 (part), 1967: prior code § 5306.1) 2.28.070 Presiding officer. The chairman shall preside at meetings, appoint appropriate committees and direct the affairs of the commission In the absence of the chairman, the duties of this office shall be performed by the vice chairman In the absence of both the chairman and vice chairman, the remaining members shall choose one of their own number to act as temporary chairman, (Ord. 62 § 2 (part), 1967: prior code § 5306.2) 2.28.080 Rules and regulations. The planning commission may adopt rules and regulations consistent with state laws and local ordinances to govem procedures, and it shall set a time and place for regular meetings, which shall be held at least twice each month. (Ord. 62 § 2 (part), 1967: prior code § 5306.3) 2.23.090 Quorum. A majority of members constitutes a quorum. (Ord. 62 § 2 (part), 1967: prior code § 5306.4) 2.28.100 Absence. Absence of a member from three regular meetings during the calendar year without formal consent of the planning commission noted in its official minutes constitutes the voluntary resignation of such • absent member and the position shall be declared vacant. (Ord. 160 § 1, 1979: Ord. 62 § 2 (part), 1967: prior code § 5306.5) • 2.28.110 Secretary. The planning commission shall appoint a secretary who need not be a member of the commission, and who shall serve at the pleasure of the planning commission. The secretary shall maintain an accurate public record of the activities and official actions of the planning commission. (Ord. 62 § 2 (part), 1967: prior code § 5306.6) 2.28.120 Duties and responsibilities. The planning commission shall: A. In addition to the duties and responsibiities set forth by state laws and local ordinances, the planning commission shall act in an advisory capacity to the city council on all matters pertaining to the planning function; B. Cooperate with other city boards and commissions, governmental agencies and civic groups in the advancement of sound planning, both within and without the city; C. Formulate policies on planning services for recommendation to the city council; D. Meet with the city council in April and October of each year to discuss proposed policies, programs, goals and objectives, budgeting, future planning, or any other planning matter requiring joint deliberation. E. Recommend to the city council the adoption of standards with respect to organization, personnel, facilities, programs and financial support of the planning commission; F. Disseminate to the public information concerning the policies and functions of the planning commission. (Ord. 402, 1991; Ord. 62 § 2 (part), 1967: prior code § 5307) (Mono Bey 2-92) 30 2.24.010 �. Chapter 2.24 RECREATION AND PARKS* Sections: 124.010 Commission established. 2.24.020 Qualifications of commissioners. 2.24.030 Special groups represented. 2.24.040 Terms of office and vacancies of commission. 2.24.050 Appointments to commission. 2.24.060 Organization of commission. 2.24.070 Procedure. 2.24.080 Commission quorum. 2.24.090 Absence from commission meetings. 2.24.100 Minutes of commission meetings. 2.24.110 Commission duties and responsibilities. 2.24.120 Recreation and parks department established. 2.24.130 Recreation and parks director. 2.24.140 Use of parks/faciiities. 2.24.150 Uses of parks/facilities requiring permits. 2.24.160 Use of personal property —Recreational equipment. 2.24.170 Enforcement 2.24.180 Damage of parks/facilities. 2.24.190 Harassment of others prohibited. 2.24.200 Hours of use established. 2.24.210 Violations and penalties. ' Forstamtoryprovisicosregardiagparksand playgrounds. see Gov. Code §38000etseq.;forprovisionsregardng municipal control of certain parks, see Public Resources Code § 5181 et seq. Prior ordinance history: Ord. 54. 239, 261; prior code §§ 2621 — 2625, 2626.1 — 2626.5. 2627.12. 2628. 2629. 2.24.010 Commission established. There is created a recreation and parks commission composed of seven members. (Ord. 300 Exh. A (part), 1987: Ord. 276 (part), 1986) 2.24.020 Qualifications of commissioners. The regular members of the commission shall be qualified electors of the city and shall serve without compensation. The members of the commission shall hold no other public office in the city. (Ord. 300 Exh. A (part), 1987: Ord. 276 (pan), 1986) 2.24.030 Special groups represented. Two of the members on the commission shall represent special groups. One member shall represent a youth -serving organization in the area and the other member shall represent a senior adult service organization. The mayor shall appoint these commissioners, who shall serve at the pleasure of the mayor for two-year terns expiring December 31, 1992, and every two years thereafter. (Ord. 388 § 1, 1991: Ord. 300 Exh. A (part), 1987: Ord. 276 (part), 1986) 2.24.040 Terms of office and vacancies of commission. Members of the commission, other than special group commissioners, shall serve for a period 25 (Morro Bay 2-92) 1_a, • of four years. The terms of two members shall expire on December 31, 1991, and every four years after that; the term of one commissioner shall expire December 31, 1992, and every four years after that; and the terms of the two other members shall expire on December 31, 1993, and every four years after that. Vacancies in the commission occurring otherwise than by expiration of term shall be. filled in a manner set forth in Section 2.24.050. All members shall serve at the pleasure of the city council. (Ord. 388 § 2, 1991: Ord. 300 Exh. A (part), 1987: Ord. 276 (part), 1986) 2.24.050 Appointments to commission. Appointments for the commission (other than special group representatives) and the filling of vacancies shall be made by the city council. Vacancies shall be filled for the unexpired term only. (Ord. 388 § 3, 1991: Ord. 276 (part), 1986) 2.24.060 Organization of commission. At its first regular meeting following January 1st of each year, the members of the commission shall elect a chairman and a vice chairman, who shall hold office for one year. The chairman shall preside over meetings, appoint appropriate committees, sign resolutions, direct the affairs, and establish the meeting agenda of the commission. In the absence of the chairman, the duties of this office shall be performed by the vice chairman (Ord_ 276 (part), 1986) 2.24.070 Procedure. The commission shall adopt rules and regulations to govern procedure and shall set a time for regular meetings which will be held at least once a month. (Ord 276 (part), 1986) 2.24.080 Commission quorum. A majority of members shall constitute a quorum (Ord. 276 (part), 1986) • 2.24.090 Absence from commission meetings. Absence of a member from three consecutive meetings, without formal consent of the commission noted in its official minutes, constitutes the voluntary resignation of such absent member and the position shall be declared vacant (Ord. 276 (part), 1986) 2.24.100 Minutes of commission meetings. The director of the recreation and parks department shall serve as or appoint a secretary to maintain accurate minutes of the activities and official actions of the commission. (Ord. 276 (part), 1986) 2.24.110 Commission duties and responsibilities. The duties and responsibilities of the recreation and parks commission shall be to: A. Act in an advisory capacity to the city council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancemeni of sound park and recreation planning and programming; B. Formulate policies on recreation services for approval by the city council; C. Meet with the city council in March of each year to discuss proposed policies, programs, budgeting future needs or other matters requiring joint deliberation; D. Recommend to the city council the development of recreational areas, parks, facilities, programs and improved recreation services; E. Recommend to the city council the adoption of standards concerning parks and recreation in respect to organization, personnel, areas and facilities, program and financial support; F. Assist in coordinating recreation services with the programs of governmental agencies and voluntary organizations; G. Advise the recreation and parks director in the preparation of the annual parks maintenance, park improvement and recreation budgets and long range park and recreation facilities improvements; • A. Adopt rules and regulations governing the use of recreation areas and facilities consistent (Morro Bey 2.92) 26 2.24.110 • with ordinances of the city for the safe use of city parks and facilities; provided, however, that the adoption of said regulations shall be reported to the city council at its first regular meeting following the adoption of said regulation. City council may repeal said regulation by majority vote if deemed unnecessary, unreasonable or not in the best interests of the city; I. Hold public hearings and meetings to conduct investigations and surveys for the purpose of securing facts and data concerning any matters listed in this section. (Ord. 367 § 1, 1990; Ord. 276 (part), 1986) • 26-1 (Marto Bay 2-92) 2.24.120 2.24.120 Recreation and parks department established. • A recreation and parks department is established for the city, The functions of this department are to provide opportunities for wholesome, year-round public recreation service for all age groups. The recreation and parks department shall further be responsible for development and maintenance of park and recreation facilities, and the planning of facilities and standards in the city. (Ord. 276 (part), 1986) 2.24.130 Recreation and parks director. The city administrator shall appoint a recreation and parks director to administer the recrea- tion and parks department under the direction of the city administrator. The recreation and parks director, or his duly appointed representative, shall be responsible for permitting use of parks and facilities by persons or organizations provided such person or organization makes application as required. (Ord. 276 (part), 1986) 2.24.140 Use of parks/facilities. All city parks and facilities are intended for the recreational use of the residents of the city of Morro Bay. When not in use forcity business orrecreation programs, the parks and facilities may be used by local groups and individuals for social, cultural and recreational activities. (Ord. 276 (part), 1986) 2.24.150 Uses of parks/facilities requiring permits. A. Any persons or organizations must obtain a permit for use of any portion of any recrea- tional facilities. parks or lands ofthe city forthe purposes provided in this chapter, in the manner set forth by the recreation and parks commission. B. If application for permit is found in good order, the persons or organizations shall be granted use of the facility, park and/or city land as requested. C. In the event the director or his duly appointed representative refuses to grant the permit, the applicant may appeal such refusal in writing to the recreation and parks commission by filing notice thereof in writing with the director within thirty days following refusal of the permit. The commission shall consider such appeal at its next meeting following the filing of such appeal. The commission, by majority vote, may affirm or overrule the action of the director and may, in overruling, impose such conditions or changes as the commission deems reasonable. D. Uses requiring a person or organization to obtain a permit include the following: 1. Persons or groups proposing to erect or maintain a table, booth or similar structure; 2. Groups of persons, exceeding seventy-five in number, 3. Persons or groups desiring to reserve a facility or park for a limited time for their exclusive use; 4. Any person or groups desiring to make solicitations or sales; 5. Any person or group desiring to hold a contest, demonstration or exhibit in a park or Facility for which an admission or entrance fee is charged. E. All permits issued pursuant to this chapter are to be honored by all persons or groups when presented with a valid copy of the permit. (Ord. 276 (part), 1986) 2.24.160 Use of personal property —Recreational equipment. Personal property, specifically play or recreational equipment, may be issued to any group or individual for a period not exceeding four consecutive days from the date of issuance by the director of recreation and parks or his duly appointed representatives, in accordance with regulations for use of such equipment. (Ord. 276 (part), 1986) 2.24.170 Enforcement. All park or facility use rules and regulations will be enforced by appropriate enforcement • authorities of the city. (Ord. 276 (part), 1986) 27 2.24.180 2.24.180 Damage of parks/facilities. % . No person shall cut, break, move, take or otherwise injure, destroy or deface any trees, shrubs, l plants, turf. rock or any building, fence. bridge, sign or other structure; or foul any stream or dump any earth, rubbish or other substance or material in or upon any park without permission of the director of recreation and parks. Any such damage shall be a misdemeanor. (Ord. 276 (part), 1986) • 2.24.190 Harassment of others prohibited. No person, group or organization using any parks or facilities or being adjacent thereto shall molest or harass any other person on or within said park or facility. (Ord. 276 (part), 1986) 2.24.200 Hours of use established. No persons are permitted in any park or facility during hours specified by the director of recreation and parks unless written permission is obtained from the director for these programs. (Ord. 276 (part), 1986) 2.24.210 Violations and penalties. Any person violating Sections 2.24.150, 2.24.190 or 2.24.200 of this chapter shall be guilty ofan infraction and shall be fined by: A. A fine not exceeding fifty dollars for a first violation; B. A fine not exceeding one hundred dollars for a second violation of the same section within one year, C. A fine not exceeding two hundred fifty dollars for each additional violation of the same section within one year. (Ord. 276 (part). 1986) 28 15.48.010 Chapter 15.48 HARBOR ADVISORY BOARD* Sections: 15.48.010 Established. 15.48.020 Purpose. 15.48.030 Qualifications. 15.48.040 Appointments. 15.48.050 Terms of office and vacancies. 15.48.060 Removal of members. 15-48.070 Organization. 15.48.080 Procedure. 15.48.090 Quorum. 15.48.100 Absence from meetings. 15.48.120 Staff attendance. 15.48.130 Duties and responsibilities. *Prior history: Ords. 168, 194, 224, 246, 271 and 287. 15.48.010 Established. There is created a harbor advisory board consisting of seven members. (Ord. 298 § I (part), 1987) • 15.48.020 Purpose. 'e?7iFf The purpose of the board shall be to act in an advisory capacity to the city council in areas relating to harbor activities. (Ord. 298 § 1 (part), 1987) 15.48.030 Qualifications. At least four ofthe members ofthe harbor advisory board shall be qualified electors ofthe city. They shall hold no other public office in the city or employment in the city government and shall serve without compensation. An attempt shall be made to select one member from each of the following interests: A. Morro Bay Commercial Fishermens Association; B. Waterfront Leaseholders Association; C. Marine -oriented business; D. Recreational boating; E. A list of two or more individuals who reside in the Los Osos/Baywood area nominated by the San Luis Obispo County supervisor representing the city of Morro Bay; F. Two members at large. (Ord. 298 § 1 (part), 1987) 15.48.040 Appointments. Appointments to the harbor advisory board and the filling of vacancies shall be made by the city council. Vacancies shall be filled for the unexpired term only. (Ord. 298 § 1 (part), 1987) 15.48.050 Terms of office and vacancies. Members of the harbor advisory board shall serve for a period of four years beginning March, 1987. The term of office of three members shall expire on December 31, 1988 and every four years thereafter, the term of office of two members shall expire on December 31, 1989 and every four years • thereafter, and the term of office for the two remaining members shall expire on December 31, 1990 353 15.48.050 . and every four years thereafter. Vacancies in the harbor advisory board occurring otherwise than by expiration of the terms shall be filled in the manner set forth in this chapter for appointments. (Ord. 298 § 1 (part), 1987) 15.48.060 Removal of members. All members of the harbor advisory board shall serve at the pleasure of the city council. Members may be removed from office by a vote of the majority ofall members of the city council. (Ord. 298 § 1 (part), 1987) 15.48.070 Organization. At its first regular meeting following appointment, the members of the harbor advisory board shall select a chairperson and vice -chairperson, both of whom shall hold office for two years and until a successor is selected. The chairperson shall preside over meetings, and otherwise direct the affairs of the board. In the absence of the chairperson, the duties of this office shall be performed by the vice -chairperson. (Ord. 298 § 1 (part), 1987) I5.48.080 Procedure. The harbor advisory board shall adopt rules and regulations to govern procedure and shall set a time for regular meetings which will be held at least once a month. (Ord. 298 § I (part), 1987) 15.48.090 Quorum. The majority of the whole membership shall constitute a quorum. (Ord. 298 § 1 (part), 1987) 15.48.100 Absence from meetings. Absence of a member from three consecutive meetings without the formal consent of the harbor advisory board noted in its official minutes, or in the event such member shall be convicted of crime involving moral turpitude, constitutes voluntary resignation of such member and said position shall become vacant and shall be so declared by the city council. (Ord. 298 § 1 (part), 1987) 15,48.120 Staff attendance. The harbor director or his designee shall attend meetings of the harbor advisory board and shall maintain an accurate public record of the activities and official actions of the board. The harbor director shall further make such reports to the board, the city administrator, and the city council, as directed by the city administrator. (Ord. 298 § I (part), 1987) 15.48.130 Duties and responsibilities. The area of responsibility of the harbor advisory board shall encompass that area designated on Map 15.48.130, codified at the end of this chapter. The powers and duties of the harbor advisory board shall be: A. Advise city council in matters pertaining to: vessels and watercraft within the harbor area, including their use, control, promotion, and operation in said harbor, navigable waters, wharfs, docks, piers, slips, warehouses, appliances, utilities and public -owned facilities forming a part of or accessory to or relating to said harbor, and water commerce, navigation, or fishery in and about said harbor, B. Review and recommend rules and regulations pertaining to any of the matters listed in subsection A of this section; C. Review and recommend rates, tolls, fees, rents, charges, or other payments to be made for use or operation in the harbor, D. The board shall make reports and recommendations to the various city boards, commis- sions or the city council on matters relating to activities within the harbor when so requested to review items referred by other city boards, commissions or the city council. Such reports and board . recommendations will be included in presentations before the city council. 354 15.48.130 (• E. Review annual and long range harbor plans and programs, and make associated recom- mendations to the city council. (Amended during 3/88 supplement; Ord. 298 § 1 (part), 1987) l • 355 (Mart w Bay'_-89) i i i MAP 15.48.130 The City of MORRO BAY San Luis Obispo Co., gCaali-fornia HARBOR ADVISORY BOARD JURISDICTIONAL AREA I Mort . Bay 2-89t 356 W ITY OF MDRRO BAY AUG1q 1990 MER AOUISORY BOARD CITY OF MORRO BAY BY -Laws Purpose and AuthpcitQof the Board The Water Advisory Bcard is established to advise the City Council concerning policy decisions relating to the Water Management Plan and other water -related issues. Aapoi,rtrg_nts The Water Advisory Board shall consist of seven C7) voting members and two (2) non -voting members. Appointments to the Board and filling of vacancies shall be made by the Citg Council and shall be a representative crass -section of both lay and preFessional knowledge, including but not limited to Agriculture, Domestic, Commercial, Industrial, Government, Environmental, Land Developers and the General Fublic. Seats ❑ccupied bg the County Engineer's Office and the Board of Supervisors shall be non- voting members of the Board. Ucting results shall be recorded in the minutes. - of OfFica Is Members of the Board shall serve for a period of three C3) years commencing Januarg 1st. Unanticipated vacancies shall be Filled For the duration of the unexpired term only. Qual F:--tions Members of the Water Adviscrg Board shall serve without compensation. °'_sense Fr_m Meet_n�s Absence of a Board member from three (3) consecutive meetings without formal consent of the Board as noted in its official minutes will constitute the voluntary resignation of the absent member and the position will be declared vacant. ^an4 -<a 4 At its last regular meeting in December, or at its first regular meeting in January of each year the Board members shall elect a chairperson and a vice -chairperson who shall hold office For a period of one gear. The chairperson shall preside over meetings, appoint appropriate sub -committees and direct the affairs of the Board. In the absence of the chairperson, the duties of the office shall be performed by the vice -chairperson. The Cit; of • Morro Bay staff shall maintain accurate minutes and official activities cf the Board. 1 o 0 WATER ADVISORY BOARD BY-LAWS Page Two Quorum A majority of the voting members of the Water constitutes a quorum. Meet incis Advisory Board Regular meetings of the Water Advisory Board shalibe held at the Morro Say City Hall Conference Room, SSS Harbor Street, Morro Bay, on the second Wednesday of each month at 3:00 p.m. or as agreed by the Board. The meetings shall be open to the public. The chairperson may close meetings to public comment. City _Staff The Director of Public Works or his official delegate shall be responsible For preparing agendas, reports and minutes pertaining to the Water Advisory Board business and shall attend the Board meetings. Roberts' R las of Order • In all matters and things not otherwise provided For in the by- laws, the proceedings of the Board shall be governed by "Roberts' Rules of Order", revised edition. However, no ordinance, resolution, proceeding or other action of the Citu_ Council pertaining to the Board shall be invalidated or the legality thereof otherwise affected bu the failure or omission to observe or Follow said rules. 29.=Law Amendments All amendments to the Water Advisory Board approved by the City Council. By -Laws shall be Rev. E/S/90 RESOLUTION NO: 01-91 . A RESOLUTION CONSTITUTING A STREETS AND TREES COMMITTEE THE CITY COUNCIL Morro Bay, California WHEREAS, on 12 January 1987 by Resolution No. 01-87, the Morro Bay City Council did establish a Street Advisory Committee comprised of five (5) citizens for the purpose of increased input into policies for street improvements and traffic control facilities; and WHEREAS, said Street Advisory Committee and its members have performed their roles and responsibilities admirably since the creation of the Committee; and WHEREAS, in 1989 the City of Morro Bay was accepted by the National Arbor Day Foundation as a "Tree City USA", recognizing and symbolizing Morro Bay's increased commitment of time and resources to the preservation, planting, and maintenance of trees • within the community; and WHEREAS, increasing needs and desires have surfaced recently to re-examine policies and regulations governing the selection and maintenance of street trees and trees on public properties; and WHEREAS, the Morro Bay City Council determined on 10 December 1990 that input on policies and programs involving street improvements and related facilities should be integrated with input concerning public trees, and vice versa; and WHEREAS, the Morro Bay City Council did provide policy direction the Street Advisory Committee concept should be expanded in membership and responsibility to incorporate an advisory role on matters related to street trees and trees on public properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that there is herein established a Streets and Trees Committee comprised of seven (7) members who 0 shall be qualified electors of the City and shall hold no other public office in the City; and BE IT FURTHER RESOLVED members of the newly -constituted Streets and Trees Committee shall be appointed by and serve at the pleasure of the Morro Bay City Council, and shall serve without compensation; and BE IT FURTHER RESOLVED the Streets and Trees Committee is herewith charged with the purpose 'of providing input and recommendations to the Morro Bay City Council on policies involving street, sidewalk, curb and gutter, storm drainage, and traffic control facilities, and policies involving the City's Street Tree Program(s), City Master Tree List, tree specie selections, and the preservation, planting, and maintenance of street trees and trees on public properties; and BE IT FURTHER RESOLVED the Morro Bay City Council extends its appreciation to past and present members of the Street Advisory Committee for jobs well done, and by this Resolution officially disbands said Committee and releases its members from public service with a vote of thanks; and • BE IT FURTHER RESOLVED that citizen applications for appointment to the new Streets and Trees Committee are hereby solicited, and that effort will be made by the Morro Bay City Council to balance the membership of the new Committee with representatives of both street improvements and public trees; and BE IT FURTHER RESOLVED that members of the Streets and Trees Committee shall serve for a period of four (4) years beginning 01 February 1991; the terms of two (2) members shall expire on 31 December 1992 and every four (4) years thereafter, the terms of two (2) other members shall expire on 31 December 1993 and every four (4) years thereafter, and the terms of the remaining three (3) members shall expire on 31 December 1994 and every four (4) years thereafter; and BE IT FURTHER RESOLVED the Streets and Trees Committee shall formulate rules and procedures to govern its operations, and said By -Laws shall be reviewed and approved by the City Council, such By -Laws to include but not be limited to provisions for appointment of officers, absences, regular meeting times and places, and a mission statement. 0 PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 14th day of January 1991, by the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: None O E M IE SHEETZ, Mayo ATTEST: ARDITH DAVIS, City Clerks 11 • CITY OF MORRO BAY STREET AND TREE ADVISORY COMMITTEE • BY-LAWS PURPOSE AND AUTHORITY OF THE COMMITTEE The Street and Tree Advisory Committee was established on January 1'1, 1991 bg City Council Resolution No. 01-91. The purpose of the Committee is t❑ provide input and recommendations to the Morr❑ Bay City Council ❑n policies involving street, sidewalk, curb and gutter, storm drainage, and traffic control Facilities, and policies involving the City's Street Tree Program(s), City Master Tree List, tree specie selections, and the preservation, planting, and maintenance of street trees and trees on public and private properties. APPOINTMENTS The Street and Tree Advisory Committee shall be comprised of seven (7) members. Appointments to the Committee and Filling ❑f vacancies shall be made by the City Council. Committee members shall serve at the pleasure ❑f the City Council. Members shall serve without compensation. • TERMS OF OFFICE Members of the Street and Tree Advisory Committee shall serve For a period ❑f four Ct) years. The terms of two C2) members shall expire on December 31, 199E and every four C't) years thereafter; the terms of two C2) ❑ther members shall expire on December 31, 1993 and every four ('3) years thereafter; and the terms of the remaining three C3) members shall expire ❑n December 31, 1S9`t and every four (4) years thereafter. QUALIFICATIONS Members of the Street and Tree Advisory Committee shall serve without compensation. Members shall he qualified electors of the City of Morro Bay, and shall hold n❑ other public office in the City. ABSENCE FROM MEETINGS Absence of a Committee member from three C3) consecutive meetings without Formal consent of the Committee as noted in its ❑fficial minutes will constitute the voluntary resignation ❑f the absent member and the position will be declared vacant. ORGANIZATION . At its last regular meeting in December or at its first regular meeting in January of each year the Committee members shall elect 1 STREET AND TREE COMMITTEE BY-LAWS Page Two a chairperson and a vice -chairperson who shall hold office for a period of one year. The chairperson shall preside over meetings, point appropriate sub -committees and direct the affairs of the Committee. In the absence of the chairperson, the duties of the office shall be performed by the vice -chairperson. If both the chair and vice -chair are absent, the remaining quorum shall appoint on member to preside at that meeting. The City of Morro Bay staff shall maintain accurate minutes of the official activities of the Committee. 12UCRUN A majority of the currently -serving members of the Street and Tree Advisory Committee shall constitute a quorum. MEETINGS Regular meetings of the Street and Tree Advisory Committee shall be held at the Morro Bay City Hall Conference Room, SSS Harbor Street, Morro Bay, CA on the first Wednedsay of each month at 7:00 pm, or at such other location and/or, time as agreed upon by • the Committee. The meetings shall be open to the public. The chairperson may close meetings to public comment. • CITY STAFF The Director of Public Works or his official delegate shall be responsible For preparing agendas, reports, and minutes pertaining to the Street and Tree Advisory Committee business and shall attend the Committee meetings. ROBERTS' RULES OF ORDER In all matters and things not otherwise provided for in these By- laws, the proceedings of the Street and Tree Advisory Committee shall be governed by "Roberts' Rules of Order", revised edition, when necessary. However, no ordinance, resolution, proceeding or Other action of the City Council pertaining to the Committee shall be invalidated or the legality thereof otherwise affected by the Failure or omission to observe or follow said rules. BY-LAWS AND AMENDMENTS These By -Laws of the Street and Tree Advisory Committee and all amendments thereto shall be approved bg the City Council. 2 • RESOLUTION NO. 78-93 A RESOLUTION APPROVING FRANCHISE ADVISORY BOARD BYLAWS THE CITY COUNCIL Morro Bay, California WHEREAS, Section 5.28.010 of the Morro Bay Municipal Code provides for a Television Franchise Services Board to conduct certain business relating to television franchise services-, and WHEREAS, Section 8,16.400 of the Morro Bay Municipal Code provides for a Franchise Board to conduct certain business related to solid waste collection services; and WHEREAS, the City Council of the City of Morro Bay decided on May 10, 1993 to consolidate the functions and three existing members of the Cable TV Franchise Services Board and two existing members of the Solid Waste Management Board into a new Franchise Advisory Board comprised of seven members; and WHEREAS, it is necessary for said Franchise Advisory Board to adopt bylaws to be approved by the City Council; and . WHEREAS, said bylaws were adopted by the Franchise Advisory Board on July 27, 1993, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to approve the Franchise Advisory Board Bylaws attached hereto and incorporated herein by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of August, 1993 by the following vote. AYES: Luna, Mullen, and Yates NOES: None ABSENT: Crotzer and Unger ABSTAIN: None ATTEST: • kGETJ�� VIS, City Clerk LYNNM • CITY OF MORRO BAY FRANCHISE ADVISORY BOARD BYLAWS ARTICLE 1 - AUTHORITY AND PURPOSE Pursuant to Morro Bay Municipal Code (MBMC) Section 5.28.010, a Television Franchise Services Board comprised of at least five City residents who are registered voters may be appointed by and serve at the pleasure of the City Council to conduct certain business relating to television franchise services, including but not limited to hearing complaints, conducting studies, and making recommendations to the City Council. Pursuant to MBMC Section 8.16.400 a Franchise Board comprised of at least five members who are registered voters may be appointed by and serve at the pleasure of the City Council to conduct certain business relating to mandatory solid waste collection services, including but not limited to hearing complaints, conducting studies, and making recommendations to the City Council. The City Council decided on May 10, 1993 to consolidate the functions and three existing members of the Cable TV Franchise Services Board and two existing members of the Solid Waste Management Board into a new Franchise Advisory Board comprised of seven members. ARTICLE 2 - MEMBERSHIP • The Board shall be comprised of at least five voting members. ARTICLE 3 - QUALIFICATIONS Board members shall be City residents and registered voters within the City and shall serve without compensation. Board members shall simultaneously hold no other public office in the City. ARTICLE 4 - APPOINTMENTS The City Council shall appoint Board members and fill any vacancies. The City Council may reappoint members for an additional term. Appointments to fill vacant positions shall be for the unexpired term only. ARTICLE 5 - TERMS OF OFFICE Board members shall serve for a period of four years commencing June 1, 1993. The term of office for one member shall expire on December 31, 1994 and every four years thereafter. The term of office for two members shall expire on December 31, 1995 and every four years thereafter. The term of office for two members shall expire December 31, 1996 and every four years thereafter. The term of office for two members shall expire on December 31, 1997 and every four years thereafter. The initial terms of office for each Board member are attached hereto as Exhibit A and incorporated herein by reference. FRANCHISE ADVISORY BOARD BYLAWS PAGE • ARTICLE 6 - ABSENCE FROM MEETING Absence of a Board member from three consecutive meetings without the formal consent of the Board as noted in its official minutes shall constitute the voluntary resignation of the absent member and the position shall be declared vacant. ARTICLE 7 - ORGANIZATION The Board shall elect a Chair and Vice Chair at its first regular meeting following January 1 of each year. The Chair and Vice Chair shall hold office for one year. The Board may re-elect the Chair and Vice Chair at its discretion. The Chair shall preside over meetings, appoint appropriate subcommittees, and direct the affairs of the Board. In the absence of the Chair, the duties of the Chair shall be performed by the Vice Chair. City Staff shall record the activities of the Board and facilitate communications between the Board and City Council. ARTICLE 8 - QUORUM A majority of members constitutes a quorum. ARTICLE 9 - MEETINGS Regular meetings of the Board shall be held at a location in Morro Bay at 6:30 p.m. on the fourth Tuesday of every month or such other day and time as may be determined by the Board. The Board may schedule special meetings. Notices for regular meetings, rescheduled regular meetings, canceled meetings, and special meetings shall be properly posted. Board meetings shall be open to the public. The Chair shall have the authority to limit public comments at Board meetings and close meetings to public comments. ARTICLE 10 - CITY STAFF SUPPORT The Director of Public Works, his/her designated representative, or such other City Staff as may be designated shall prepare agendas, reports, and minutes pertaining to Board business and attend Board meetings. ARTICLE 11 - DUTIES OF BOARD The duties and responsibilities of the Franchise Advisory Board shall include but not be limited to the following: • Act in an advisory capacity to the City Council in matters pertaining to cable TV franchise services and other telecommunications activities and services as appropriate, including but not limited to related administration, complaints, and problems. FRANCHISE ADVISORY BOARD BYLAWS PAGE 3 • Act in an advisory capacity to the City Council in matters pertaining to solid waste management, including but not limited to solid waste collection, curbside recycling and other waste diversion activities and services as appropriate, and related administration, complaints, and problems. • Develop and recommend to the City Council for consideration policies and regulatory procedures regarding said services and activities. • Make periodic surveys regarding said services and related rates, ascertain the needs of the public for said services, and develop recommendations by which said services may be improved. • Make periodic appraisals of the effectiveness of said services. • Perform such other duties and responsibilities as may be required. ARTICLE 12 - ROBERTS RULES OF ORDER In all matters not otherwise provided in these Bylaws, the proceedings of the Board shall be governed by the latest edition of "Roberts Rules of Order", provided, however, no ordinance, resolution, proceeding, or other action of the City Council pertaining to the Board shall be . invalidated or the legality thereof otherwise affected by the failure or omission of the Board to observe or follow said rules. ARTICLE 13 - AMENDMENTS TO BYLAWS All amendments to these bylaws shall be approved by the City Council. PASSED AND ADOPTED by the Franchise Advisory Board at a regular meeting thereof held on July 27, 1993, by the following vote: AYES: Cahill, Doubledee, McDougle, Olson NOES: None ABSENT: Bates, Small ABSTAIN: None ATTEST: . MICHAEL C. UPT N, Administrative Assistant MCUICLYNNIFABYLAWS • EXHIBIT A INITIAL TERMS OF OFFICE FOR FRANCHISE ADVISORY BOARD COMMENCING NNE 1. 1993 MEMBERS TERM ENDING DECEMBER 31 Vacant 1994 Meredith Bates 1995 Bill Olson 1995 Robert McDougle 1996 Jeanne Small 1996 Tom Cahill 1997 Don Doubledee 1997 MCUA-C:LYM1 91 FABTERMS C RESOLLTTSON N'O_ 32-91 A RESOLUTION REVISING THE NUMBER OF MEMBERS AND COMPOSITION OF THE COMMUNITY PROMOTIONS COMMITTEE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, by unanimous minute motion on 14 January 1991, the City Council of Morro Bay did adopt Resolution No. 02-91 recon- stituting a five (5) member citizens advisory board to be known as the Community Promotions Committee; and WHEREAS, during interview of candidates for said Committee on 06 March 1991, the City Council did see fit to amend certain provisions governing the existence and operation of the Community Promotions Committee for purposes.of better serving the public good. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, there is herein reconstituted a Community Promotions Committee comprised of up to seven (7) vot- ing members, a majority of whom shall be qualified electors of the City; all members shall hold no other public office in the City, shall serve without compensation, and shall be appointed by and serve at the pleasure of the Morro Bay City Council; and BE IT FURTHER RESOLVED the Morro Bay City Council shall attempt to select members of the Community Promotions Committee from the following interests: A. Morro Bay Chamber of Commerce (one); - B. Morro Bay Merchants Association (one); C. Morro Bay Motel & Restaurant Association (one); D. Embarcadero businessperson (one); E. Member -at -Large (three). The City Administrator (or his/her designee) and the Execu- tive Manager of the Morro Bay Chamber of Commerce will serve as non -voting staff liaisons to the Community Promotions Committee; and BE IT FURTHER RESOLVED that voting members of the Community Promotions Committee may serve for a period of four (4) years commencing 06 March 1991; the terms of office of two (2) members shall expire on 31 December 1992 and every four (4) years there- after, the terms of two (2) other members shall expire on 31 December 1993 and every four (4) years thereafter, and the terms of the remaining three (3) members shall expire on 31 December 40 1994 and every four (4) years thereafter; and L J BE IT FURTHER RESOLVED that all other findings and matters so declared in Resolution No. 02-91 not in conflict with the pro- visions of this Resolution shall remain in full force and effect. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 25th day of March, 1991 on the following vote: AYES: Baker, Luna, Mullen, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ��� ARDITH DAVIS, City Clerk u /fir l • -o • CITY OF MORRO BAY COMMUNITY PROMOTIONS COMMITTEE BY-LAWS MISSION STATEMENT Tourism is essential to the economic health and quality of life of this community. The Mission of this Committee is to increase tourism to Morro Bay through marketing and advertising. PURPOSE AND AUTHORITY OF THE COMMITTEE The Community Promotions Committee 1991 by City Council Resolutions Nt pose of the Committee is to provide the Morro Bay City Council on poli to advertise and promote Morro Bay in geographic and demographic areas Luis Obispo County. APPOINTMENTS was re -constituted in early 02-91 and 32-91. The pur- input and recommendations to :ies and expenditure programs s a tourist destination point outside the boundaries of San The Community Promotions Committee seven (7) members. Appointments to vacancies shall be made by the City • shall serve at the pleasure of the serve without compensation. TERMS OF OFFICE shall be comprised of up to the Committee and filling of Council. Committee members City Council. Members shall Members of the Community Promotions Committee shall serve for a period of four (4) years. The terms of two (2) members shall expire on 31 December 1992 and every four (4) years thereafter; the terms of two (2) other members shall expire on 31 December 1993 and every four (4) years thereafter; and the terms of the remaining three (3) members shall expire on 31 December 1994 and every four (4) years thereafter. QUALIFICATIONS Members of the Community Promotions Committee shall serve without compensation. A majority of the members shall be qualified elec- tors of the City of Morro Bay, and all members shall hold no other public office in the City. ABSENCE FROM MEETINGS Absence of a Committee member from three (3) consecutive meetings without formal consent of the Committee as noted in its official minutes will constitute the voluntary resignation of the absent member and the position will automatically be declared vacant for appointment of a replacement by the City Council. C RESIGNATION Should a member wish to resign from the Committee at any time during one's term of office, a letter of resignation submitted to the City Council is expected courtesy. ORGANIZATION At its last regular meeting in December or at its first regular meeting in January of each year, the Committee members shall elect a chairperson and a vice -chairperson who shall hold office for a period of one year. The chairperson shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the Committee. In the absence of the chairperson, the duties of the office shall be performed by the vice -chairperson. If both the chair and vice -chair are absent, the remaining quorum shall appoint one member to preside at that meeting. The City of Morro Bay staff will maintain action minutes of the official activities of the Committee. QUORUM A majority of the currently -serving members of the Community Pro- motions Committee shall constitute a quorum. MEETINGS . Regular meetings of the Community Promotions Committee shall be held in the Garden Room at The Inn at Morro Bay, State Park Road, Morro Bay, at 8 AM on the first Monday of each month; or, such other location and/or time as properly noticed and agreed upon by the Committee. The meetings shall be open to the public. The chairperson may determine amount of time at each meeting allocated to public comment. CITY STAFF The City Administrator or his official delegate shall be respon- sible for preparing agendas, reports, and minutes pertaining to the Community Promotions Committee business and shall attend the Committee meetings. ROBERTS' RULES OF ORDER In all matters and things not otherwise provided for in these By - Laws, the proceedings of the Community Promotions Committee shall be governed by "Roberts' Rules of Order", revised edition, when necessary. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Committee shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow said rules. 2 BY-LAWS AND AMENDMENTS The By -Laws of the Community Promotions Committee and all amend- ments thereof shall be approved by the City Council. Original Adoption: 13 May 1991 Revisions: u 0 3 • R E S OLUT S O N MO. 6 7— 9 3 A RESOLUTION ESTABLISHING THE NUMBER OF MEMBERS AND COMPOSITION OF THE MORRO BAY MUNICIPAL CODE AD -HOC COMMITTEE THE CITY COUNCIL City of Morro Bay, California WHEREAS, by unanimous minute motion on 9 June 1993, the City Council of Morro Bay did establish the intention to form a seven (7) member citizens advisory board to be known as the Morro Bay Municipal Code Ad -Hoc Committee; and WHEREAS, the City Council did see fit to establish by-laws governing the existence and operation of the Morro Bay Municipal Code Ad -Hoc Committee for purposes of better serving the public good. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, there is herein constituted a Morro Bay Municipal Code Ad -Hoc Committee comprised of up to seven (7) voting members who shall be qualified electors of the City; all members shall hold no other public office in the City, shall serve without compensation, and shall be appointed by and serve at the pleasure of the Morro Bay City Council; and BE IT FURTHER RESOLVED the Morro Bay City Council shall attempt to select members of the Morro Bay Municipal Code Ad -Hoc Committee from the following interests: 1 representative from Embarcadero Business Owners 1 representative from Downtown/North Morro Bay Business Owners 1 representative from the Building Industry 1 representative from the Senior Community 1 representative from the Community at Large 1 representative from the Youth of the Community (under 21) 1 representative from an Environmental Organization BE IT FURTHER RESOLVED that the attached by-laws are in- cluded herein by reference. Resolution No. 67-93 • Page Two PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 26th of July 1993 on the following vote: AYES: Crotzer, Luna, Mullen, and Unger NOES: None ABSENT: Yates SUSAN MULLEN, Vice -Mayor ATTEST: Q� BRIDGETT AVIS, City Clerk • • 11 City of Morro Bay Municipal Code Ad Hoc Committee Purpose and Authority of the Committee The Municipal Code Ad Hoc Committee was established by City Council Resolution in June 1993. The purpose of the Committee is to review specific sections of the City's Municipal Code and provide input and recommendations to the City Council on suggestions for updating and streamlining the code. Appointments The'Municipal Code Ad Hoc Committee shall be comprised of 7 members. Appointments to the Committee and filling of vacancies shall be made by the City Council. Members shall serve without monetary compensation. Terms of Office Members of the Ad Hoc Committee will serve for a period of no more than one year to complete the tasks of municipal code review and providing recommendations to the City Council. Qualifications • Members of the Committee shall be registered voters of Morro Bay and hold no other public office in the City. Absence from Meetings Absence of a committee member from three (3) consecutive meetings without formal consent of the Committee as noted in it's official minutes will constitute the voluntary resignation of the absent member. The position will then automatically be declared vacant for the City Council to appoint a replacement. Resignation Should a member wish to resign from the Committee, he/she shall submit a letter of resignation to the City council. Organization At the first meeting of the Committee, a Chairperson, Vice Chairperson, and Secretary will be elected from the Committee members for the term of the Committee. Anytime during the term of the Committee, a majority of the Committee can elect a new Chairperson. The Chairperson shall preside over meetings and direct the affairs of the Committee. In the absence of the Chairperson, the Vice Chairperson will preside. If both the Chairperson and the Vice Chairperson are absent, the • committee will appoint someone to chair that specific meeting. The City of Morro Bay staff will provide assistance as • requested by the Committee Chairperson to the City Administrator. Meetings At the first meeting of the Committee, a regular meeting date, time, and place will be established and incorporated into these By Laws. The meetings shall be open to the public. The Chairperson may determine the amount of time at each meeting allocated to public comment. Roberts',Rules of Order In all matters and things not otherwise provided for in these By laws, the proceedings of the Committee shall be governed by "Roberts' Rules of order", latest edition. By Laws and Amendments The By laws of the Committee and all amendments thereof shall be approved by the City Council. Composition of the Committee The Committee shall be composed of the following: 1 representative from Embarcadero Business owners 1 representative from Downtown/North Morro Bay Business • Owners 1 representative from the Building Industry 1 representative from the Senior Community 1 representative from the Community at Large 1 representative from the Youth of the Community (under 21) 1 representative from an Environmental organization Chanters/Sections fo the Code to be reviewed by the Committee The City Council requests review of the following Chapters and Sections of the Municipal Code by the Committee. Should the Committee desire to expand this scope of review, a written request shall be made to the City Council for approval and incorporation into the existing scope of review. A report to the City Council is expected on the following Chapters and Sections: Chapter One - All Chapter Two - Sections 2.04 to 2.16 Chapter Three - None Chapter Five - Sections 5.04, 5.08, 5.12, and 5.36 Chapter Seven - All Chapter Eight - Sections 8.12, 8.14, and 3.20 Chapter Nine - All Chapter Ten - Sections 10.44, 10.48 and 10.52 A report to the responsible Committee is expected on the following Chapters and Sections. A copy of these • suggestions, if any, will also be submitted to the City Council. Chapter Five - Sections 5.28 and 5.30 - Franchise Advisory Board Chapter Eight - Section 8.16 - Franchise Advisory Board Chapter Twelve - Streets and Tree Committee Chapter Thirteen - Water Advisory Board Chapter Fourteen - Planning Commission Chapter Fifteen - Harbor Advisory Board Chapters,.sixteen and seventeen do not need to be reviewed by the Committee as the Planning Commission is already 'reviewing these chapters. • 0 t • RESOLUTION NO. 124-94 APPROVAL OF ASSIGNMENT OF LEASE SITE 65-66/65W-66W FROM JAMES & BEVERLY MAUL TO THE JAMES H. MAUL AND BEVERLY MAUL REVOCABLE TRUST THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 65-66/65W-66W, and, WHEREAS, James and Beverly Maul are the lessees of said Lease Site; and, WHEREAS, James and Beverly Maul desire to assign the lease to the James H. Maul and Beverly Maul Revocable Trust for estate planning purposes; and, WHEREAS, James and Beverly Maul are in compliance with the terms of said lease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that. assignment of Lease Site 65-66/65W-66W from James and Beverly Maul to the James H. Maul and Beverly Maul Revocable Trust is hereby approved contingent upon approval of the assignment • documents by the City Attorney. 0 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of December, 1994, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None City of Morro Bay 595 Harbor St. • Mona Bay, CA 93443-1900 • 805-772-6200 A P P L = C A T = O CITY OF MORRO BAY HARBOR DEPARTMENT 1275 EMBARCADERO MORRO BAY, CA 93442 (805) 772-6254 APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS, OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENTS To be completed and returned to the Harbor Office for processing. LEASE SITE 1: APPLICATION FEE: JiMM H. MAUL i tiNR ? U MI�UL Lessee (please print) ,3�PZAUC0fA9E9 Mailing Address t6MY, CA. 13449 City, State Zip Business Name 77a-11.1)f Telephone REQUEST: Briefly describe specific nature of approval requested. 'Applbant°'a - Signature • CITY HALL 595 Harbor Street HARBOR DEPARTMENT 1275 Embarcadero FIRE DEPARTMENT 715 Harbor Street POLICE DEPARTMENT 850 Morro Bay Blvd. Date PUBLIC WORKS 695 Harbor Street RECREATION AND PARKS 1001 Kennedy Way . RESOLUTION NO. 123-94 AUTHORIZATION TO FILE A GRANT APPLICATION TO THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE CONSTRUCTION OF A BOAT LAUNCH RAMP AT TARGET ROCK/COLEMAN BEACH THE CITY COUNCIL 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 has need of additional boat launch ramp facilities, and; WHEREAS, the City of Morro Bay is currently considering construction of a second boat launch ramp at Target Rock/Coleman Beach, and; WHEREAS, the City of Morro Bay has prepared a feasibility study and completed initial environmental review of the project. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay, by the adoption of this Resolution, hereby requests a grant from the Department of • Boating and Waterways in the amount of $1,600,000 to construct a second boat launch ramp. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Administrator to sign the grant application and agreement should the grant be approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of December, 1994, by the following vote: AYES: Anderson, Novak, Yates NOES: Crotzer, Unger ABSENT: None 11 War '"` WIN M-Irls P • RESOLUTION NO. 122-94 RESOLUTION DESIGNATING ON -STREET HANDICAPPED PARKING SPACE ALONG SHASTA AVENUE IMMEDIATELY ADJACENT TO A WHEELCHAIR RAMP LOCATED AT THE NORTHWESTERLY INTERSECTION OF SHASTA AVENUE AND HARBOR STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, It is in the public interest to provide handicapped parking spaces for public facilities at locations conforming to access requirements and at the most convenient location possible ; and WHEREAS, as there exists an on -street handicapped parking space along the north side of Harbor Street westerly of the Shasta Avenue intersection; and WHEREAS, installation of a wheelchair ramp adjacent to and revised entry facilities within the existing City Hall, 595 Harbor Street, makes it possible to relocate the on -street •handicapped parking space to a location more convenient for physically -challenged persons; and WHEREAS, this location is along the westerly side of Shasta Avenue immediately north of the Harbor Street intersection adjacent to an existing wheelchair ramp; and WHEREAS, pursuant to California Vehicle Code Section 22511.7, the City Council has the authority to designate handicapped parking spaces by resolution. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that an on -street handicapped parking space is hereby designated along the west side of Shasta Avenue immediately north of the Harbor Street intersection adjacent to an existing wheelchair ramp; and BE IT FURTHER RESOLVED said designation takes effect immediately upon installation of appropriate signage and markings; and BE IT FURTHER RESOLVED, upon implementation of said designation the pre-existing on -street handicapped parking space along the north side of Harbor Street westerly of the Shasta Avenue intersection shall be restored to the status of a non -handicapped on -street parking space. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 12th day of December 12, 1994, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None Il ATTEST: BRIDGE BAUER, City Clerk dr:engrg:chandipk is • RESOLUTION NO, 121-94 RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR PROJECT NO. PW 94-04; FLOATING DOCKS REPLACEMENT PROJECT, DUNES STREET AND LAUNCH RAMP WEST TO ASSOCIATED PACIFIC CONSTRUCTORS, INCORPORATED THE CITY COUNCIL City of Morro Bay, California WHEREAS, it is in the interest of the commercial fishing industry and the community of Morro Bay to replace the floating docks adjacent to Dunes Street and Launch Ramp West; and WHEREAS, the California Department of Boating and Waterways has provided funding for said replacements, and WHEREAS, project plans and specifications were duly prepared, approved and publicly bid in accordance with the Public Contract Code; and WHEREAS, Associated Pacific Constructors, Incorporated, Morro Bay, California submitted the lowest responsible bid in the amount of $460,137.88. • NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the construction contract be awarded to Associated Pacific Constructors, Incorporated in the amount of $460,137.88, subject to approval by the Department of Boating and Waterways; and BE IT FURTHER RESOLVED, the Mayor of the City of Morro Bay is hereby authorized to execute appropriate contact documents on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 12th day of December, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN Anderson, Crotzer, Novak, Unger, Yates None None None ATTEST: BRIDGE70F BAUER, City Clerk . RESOLUTION NO. N0, 120-94 RESOLUTION AMENDING RESOLUTION NO. 07-94 TO PROVIDE A SCHEDULE FOR EFFECTIVENESS AND IMPLEMENTATION OF THE WATER MANAGEMENT PLAN, APPROVED AS AN INCORPORATION AND AMENDMENT TO THE CITY'S ADOPTED GENERAL PLAN AND LOCAL COASTAL PLAN POLICIES AND PROGRAMS, ON FEBRUARY 28, 1994 THE CITY COUNCIL City of Morro Bay, California WHEREAS, The Morro Bay City Council, as result of duly -noticed public hearings: approved the Water Management Plan on February 28, 1994 by the adoption of Resolution No. 07-94: and WHEREAS, a statement delineating the schedule for effectiveness and implementation of the Water Management Plan was not included in said Resolution; and WHEREAS, a schedule for effectiveness and implementation of said Plan was included in prior draft versions of Resolution No. 07-94 and incorporated into consideration of the Water Management Plan with the schedule for effectiveness and implementation to be immediate upon certification by the Coastal Commission unless the Coastal Commission amended said Plan in which event said amendments were to be returned to the City for review and approval by the City Planning Commission and City Council and at that time the Water Management Plan is to be added to the General Plan Use, Open Space and Conservation Elements after Program LU80.5 and added to the Local Coastal Program Land Use Plan, Section V. Public Works and Locating and Planning New Development after Policy 3.07: and WHEREAS, it is necessary and appropriate that the schedule for effectiveness and implementation which was considered and approved now be formally designated by action by the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that Resolution No. 07-94 adopted on February 28, 1994 is hereby amended to incorporate the schedule for effectiveness and implementation of the Water Management Plan to wit: 10. These amendments shall take effect immediately and automatically upon . said certification unless amended by the State Coastal Commission, in which event said amendments will be returned to the City for review, consideration and approval by the City Planning Commission and City Council. The Water Management Plan will be located in the General Plan Land Use, Open Space and Conservation Elements after Program LU80.5 and located in the Local Coastal Program Land Use Plan, Section V. Public Works and Locating and Planning New Development after Policy 3.07. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 12th day of December, 1994, by the following vote: AYES: Yates, Unger, Crotzer, Novak, Anderson NOES: None ABSENT: None ABSTAIN: ATTEST: BRIDGET11 BAUER, City Clerk 0 . RESOLUTION NO. 119-94 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 8TH DAY OF NOVEMBER, 1994; 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 8th day of November 1994 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 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 8, 1994, and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. That there were nine voting precincts established for the purpose of holding said election consisting of consolida- tions 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. 119-94 Page Two 3. That the names of the persons voted for at said election for the Mayor are as follows: Susan Mullen William Yates Alex Morgan 4. That the names of the persons voted for at said election for Councilmember of said City are as follows: Rodger Anderson Bernie Melvin Ray McKelligott Cathy Novak James Wood Allen Peterson 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. • RODGER ANDERSON was elected as Councilmember of said City for a full term of four years. CATHY NOVAK 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. 8. 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. 0 . Resolution No. 119-94 Page Three 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. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 6th day of December, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None • ATTEST: BRIDGETT AVIS, City Clerk 0 CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE CONSOLIDATED GENERAL ELECTION NOVEMBER 8, 1994 CITY OF MORRO BAY STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) • I, JULIE L. RODEWALD, County Clerk -Recorder, of the County of San Luis Obispo, State of California, do hereby certify that pursuant to law, I did canvass the returns of the above - referenced election held in said City of Morro Bay on November 8, 1994, and that a photocopy of the Statement of Votes Cast (the original of which is on file in my office) 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 total votes 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. SAN LUIS OBISPO COUNTY GENERAL ELECTION 11.8-94 CITY OF MORRO BAY MAYOR Precinct Voters Trnout Pot 1 2 3 ------ 4 5 ----- ---------------- CON PRECINCT CON ------- 34 ------ 1133 ----- 548 ----- ------ 48.4 ------ 14 ------ 0 18 183 330 PRECINCT 35 663 324 48.9 5 3 13 103 198 CON PRECINCT 36 646 302 46.7 2 1 8 81 210 CON PRECINCT 37 672 323 48.1 10 0 8 96 208 CON PRECINCT 38 926 478 51.6 16 3 17 130 311 CON PRECINCT 39 1134 5B9 51.9 8 1 21 226 330 CON PRECINCT 40 668 355 53.1 7 0 5 133 209 CON PRECINCT 41 793 312 46.9 6 0 17 119 229 ABSENTEE CON 34 0 250 0.0 4 0 9 72 164 ABSENTEE CON 35 0 149 0.0 1 0 1 44 102 ABSENTEE CON 36 0 161 0.0 4 2 3 39 112 ABSENTEE CON 37 0 133 0.0 5 0 7 45 74 ABSENTEE CON 38 0 162 0.0 6 0 3 46 105 ABSENTEE CON 39 0 229 0.0 6 0 3 81 ID ABSENTEE CON 40 0 129 0.0 3 0 2 46 77 ABSENTEE CON 41 0 217 0.0 7 0 3 72 132 MORRO BAY 01 0 0 0.0 0 0 0 0 0 Precinct Totals 6635 3291 49.6 68 8 107 1071 2025 _-> Absentee Totals 0 1430 0.0 36 2 31 445 903 =-> Total Votes 6635 4721 71.2 104 10 138 1516 2928 ---------------------- I: CITY OF MORRO BAY MAYOR Blank Votes 2: CITY OF MORRO BAY MAYOR Over Votes i 3: CITY OF MORRO BAY .MAYOR ALEX MORGAN ---------------- C O L U M N L E G E N D 4: CITY OF MORRO BAY 7: MAYOR SUSAN MULLEN 5: CITY OF MORRO BAY 8: MAYOR WILLIAM YATES 6: CITY OF MORRO BAY 9: MAYOR Writein Votes Page 63, 1 6 7 8 9 10 3 2 0 1 1 2 2 1 2 0 11 10 21 ------------------------------------------ 10: 11: 12: 12 SAN LUIS 08ISPO COUNTY GENERAL ELECTION 11-8-94 CITY OF MORRO BAY MAYOR E C A P --------- Voters Tr nout Pct 1 ----- ------ 2 ------ 3 4 ------ 5 ------ ------ 6 TOTAL VOTERS 6635 4721 71.2 104 10 138 1516 2928 21 CONGRESSIONAL DIST 22 6635 4721 71.2 104 10 138 1516 2928 21 STATE SENATOR DIST 18 6635 4721 71.2 104 10 138 1516 2928 21 ASSEMBLY DISTRICT 33 6635 4721 71.2 104 10 138 1516 2928 21 BRD OF EBUALlTION DIST 2 6635 4721 71.2 104 10 138 1516 2928 21 ABSENTEE PRECINCT TOTALS 0 1430 0.0 36 2 31 445 903 10 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 0 0 CITY OF MORRO BAY 6635 4721 71.2 104 1.0 138 1516 2928 21 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 TOTAL VOTERS 6635 4721 71.2 104 10 138 1516 2928 21 ----------------------------- 1: CITY OF MORRO BAY MAYOR Blank Votes 2: CITY OF MORRO BAY MAYOR Over Votes 3: CITY OF MORRO BAY MAYOR ALEX MORGAN ----------------------------- ---------------- C 0 L U M N L E G E N D 4: CITY OF MORRO BAY l: MAYOR SUSAN MULLEN 5: CITY OF MORRO BAY 8: MAYOR WILLIAM YATES 6: CITY OF MORRO BAY 9: MAYOR Writein Votes --------------------------------------------- Page 63. 7 8 9 10 11 12 - ------ ------ ------ ------ ------ SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-8-94 CITY OF MORRO BAY MEMBER OF CITY COUNCIL Page 64. 1 0-1 ecinct Voters Trnout Pct 1 2 3 4 5 6 7 8 9 10 I1 12 ----- CON PRECINCT 34 1133 54B 48.4 21 2 222 209 106 317 62 53 2 CON PRECINCT 35 663 324 48.9 12 2 159 105 77 170 27 40 0 CON PRECINCT 36 646 302 46.7 9 3 159 86 60 172 27 30 0 CON PRECINCT 37 672 323 46.1 23 0 132 104 69 171 42 30 2 CON PRECINCT 38 926 478 51.6 23 1 262 96 88 297 45 47 1 CON PRECINCT 39 1134 589 51.9 18 2 262 219 156 307 52 36 1 CON PRECINCT 40 668 355 53.1 11 1 14C 145 116 187 28 27 0 CON PRECINCT 41 793 372 469 8 2 194 107 109 208 29 35 2 ABSENTEE CON 34 0 250 0.0 10 2 121 78 53 143 29 20 0 ABSENTEE CON 35 0 149 0.0 5 0 76 46 55 84 5 10 0 ABSENTEE CON 36 0 161 0.0 4 0 77 49 54 80 17 16 1 ABSENTEE CON 37 0 133 0.0 3 0 12 29 33 93 12 8 0 ABSENTEE CON 36 0 162 0.0 4 ,1 94 37 43 99 16 5 0 ABSENTEE CON 39 0 229 0.0 B 0 108 85 71 110 16 21 1 ABSENTEE CON 40 0 129 0.0 2 0 72 45 34 65 10 13 0 ABSENTEE CON 41 0 211 0.0 '2 0 111 65 72 101 23 22 0 MORRO 8AY 01 0 0 0.0 0 0 0 0 0 0 0 0 0 _-> Precinct Totals 6635 3291 49.6 125 13 1530 1071 78! 1824 312 298 8 ==> Absentee Totals 0 1430 0.0 48 3 731 434 415 775 12B 115 2 _-� Total Votes 6635 4721 71.2 173 I6 2261 1505 1196 2599 440 413 10 • 1: CITY OF MORRO BAY CITY COUNCIL MEMBER Blank Votes 2: CITY OF MORRO BAY CITY COUNCIL MEMBER Over Votes 3: CITY OF MORRO BAY CITY COUNCIL MEMBER RODGER ANDERSON ------------------------ --- --------------- C D L U M N L E G E N D-------------------------------------------------- 4: CITY OF MORRO BAY 7: CITY OF MORRO BAY 10: CITY COUNCIL MEMBER CITY COUNCIL MEMBER BERNIE MELVIN TAMES E. WOOD 5: CITY OF MORRO BAY B: CITY OF MORRO BAY 11: CITY COUNCIL MEMBER CITY COUNCIL MEMBER RAY MC KELLIGOTT ALLEN PETERSON 6: CITY OF MORRO BAY 9: CITY OF MORRO BAY 12: CITY COUNCIL MEMBER CITY COUNCIL MEMBER CATHY NOVAK Writein Votes SAN LUIS OBISPO COUNTY GENERAL ELECTION 11-6-94 CIT'Y OF MORRO BAY MEMBER OF CITY COUNCIL Page 64. E C A P �----------- Voters Tr00�t PCt 1 ---- 2 3 ------ ----- 4 ------ 5 ------ 6 ------ 7 ------ 8 9 ------ --- TOTAL VOTERS 5635 4721 71.2 171 16 2261 1505 1196 2599 440 413 10 CDNGRESSIONAL DIST 22 6635 4 72 1 71.2 173 16 2261 1505 1196 2599 440 413 10 STATE SENATOR DIST 18 6635 4721 71.2 173 16 2261 1505 1196 2599 440 413 10 ASSEMBLY DISTRICT 33 6635 4721 11.2 113 16 2261 1505 1196 2599 440 413 10 BRD OF E9UALZTION DIST 2 6635 4721 71.2 173 16 2261 1505 1196 2599 440 413 10 ABSENTEE PRECINCT TOTALS 0 430 0.0 48 3 31 434 415 175 12B I15 2 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 0 0 0 0 0 CITY OF MORRO BAY 6635 472, 71.2 173 16 2261 1505 1196 2599 440 413 !0 CITY OF PASO R08LES 0 0 D.0 0 0 0 0 0 0 0 0 0 CITY OF SAN LUIS 08ISPO 0 0 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 0 0 CITY OF ATASCADERD 0 0 0.0 0 0 0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 D 0 0 0 0 0 TOTAL VOTERS 6635 4721 71.2 173 16 2261 1505 1136 2599 440 413 10 • 10 11 12 -- ------ ------ ----------------------------------------------- C O L U M N L E G E N D ------------------------------------------------- 1: CITY OF MORRO BAY 4: CITY OF MORRO BAY 7: CITY OF MORRO BAY 10: CITY COUNCIL MEMBER CITY COUNCI! MEMBER CITY COUNCIL MEMBER Blank VOLES BERNIE MELVIN JAMES E. WOOD 2: CITY OF MORRO BAY 5: CITY OF MORRO BAY B: CITY OF MORRO BAY !I: CITY COUNCIL MEMBER CITY COUNCIL MEMBER CITY COUNCIL MEMBER ver # Votes RAY MC KELLIGOTT ALLEN PETERSON 3: CITY OF MORRO BAY 6: CITY OF MORRO BAY 9: CITY OF MORRO BAY 12: CITY COUNCIL MEMBER CITY COUNCIL MEMBER CITY COUNCIL MEMBER RODGER ANDERSON CATHY NOVAN Writein Votes n U E 0 RESOLUTION NO. 118-94 A RESOLUTION COMMENDING AND THANKING KATHLEEN LEECH-MAROSZ FOR HER SERVICE TO THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, from March 1991 to December 1994 Kathleen Leech-Marosz served on the Streets and Trees Committee; and WHEREAS, during those four years, Kathleen Leech-Marosz served first as a member and then as Chair of the Streets and Trees Committee; and WHEREAS, during her tenure her accomplishments and contributions to the city have been noteworthy and of considerable benefit to the community; and WHEREAS, her efforts in preparing the Master Tree List alone have saved the city many thousands of dollars. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby, on behalf of the community of Morro Bay, thank and commend Kathleen Leech- Marosz for her years of service and especially for her efforts regarding the Master Tree List.. PASSED AND ADOPTED on the 12th day of December 1994 Councilmember R G R AND RSON, Council ember LC:C'.LYNN: 118-94 - (�t� C�THYNOV C, Councilmember l �. BRIDGETT B,*UER, City Clerk 0 RESOLUTION NO. 116-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF THE CAYUCOS BIKE PATH COMMITTEE'S GOAL OF ESTABLISHING A BIKE AND PEDESTRIAN PATH BETWEEN THE COMMUNITIES OF MORRO BAY AND CAYUCOS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the establishment of a bike and pedestrian path between the communities of Morro Bay and Cayucos on the coastal bluff west of Highway One is an important project for the following reasons: a) This bike and pedestrian path will create a safe and easy route for our children to travel to schools or recreational activities away from cars traveling at freeway speeds; b) This bike and pedestrian path will create another important link between the citizens of our two communities to share recreational, educational, and business opportunities; • c) This bike and pedestrian path will enhance business and services available in either community for visitors and tourists by creating a recreational link for shopping, eating, or site - seeing along this beautiful coastline; d) There exists Federal Transportation grant funding for projects such as this where this project has a high priority because of its status as the sole pedestrian linkage between these two adjacent communities and its scenic value to all citizens of our country who visit this area; WHEREAS, in 1994, the Cayucos Bike Path Committee was established with the goal of creating a safe bike and pedestrian path to serve residents, children, and tourists; and WHEREAS, in 1994, the County of San Luis Obispo adopted a County Bikeways Plan which designates a high priority to the establishment of the bikeway between the communities of Morro Bay and Cayucos. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The City of Morro Bay strongly supports this worthy project to establish a bike path between the communities of Morro Bay and Cayucos along the coastal bluff west of Highway One; and 0 Resolution No. 116-94 • Page Two 2. Request Congress appropriate full funding as authorized by the Federal Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); and 3. Request the Chevron Corporation support and allow this important use to be established upon their coastal bluff property in such a way as not to interfere with their use of this property for oil spill response; and 4. Request the California Department of Transportation (CalTrans) assist in the support and creation of this bike and pedestrian path for the good of these communities; and 5. Request the California State Lands Commission assist in the support and creation of this bike path through Environmental Impact Review or any other means for the good of these communities. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of • November, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AVIS, City Clerk 0 0 • 11 RESOLUTION NO. 115-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE CITY ATTORNEY TO SIGN SETTLEMENT AGREEMENT 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 the establishment of the Mimosa Street Assessment District for the development and improvement of property, including the subject property, and acquired the property of Paul and Geraldine Price through condemnation proceedings; and WHEREAS, the City of Morro Bay filed that certain condemnation action known as the City of Morro Bay v. Price in the San Luis Obispo County Superior Court - Case No. 67297, of which Paul and Geraldine Price contested the proceeding; and WHEREAS, the City of Morro Bay and Paul and Geraldine Price wish to settle the litigation and complete the transfer for title of real property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby authorize the City Attorney to execute the settlement agreement between the City of Morro Bay and Paul and Geraldine Price. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of November, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AVIS, City Clerk • RESOLUTION NO. 114-94 RESOLUTION ACCEPTING THE IMPROVEMENT AGREEMENT, GRANTING OF ENTRANCE AND SIGN EASEMENTS FROM PINEY WAY BY THE CITY, AND OFFER OF DEDICATION BY CYPRESS PLAZA SHOPPING CENTER FOR WATER AND SEWER EASEMENTS AND BY ST. TIMOTHY'S CHURCH TO FACILITATE THE EXTENSION OF PINEY WAY TO KENNEDY WAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, per the conditions of approval (CUP 12-92) and City Council Resolution No. 06-93, the developer of the Cypress Plaza Shopping Center is to bond for public improvements, dedicate water and sewer easements across its property and is to obtain a road easement; and WHEREAS, the developer has completed the improvement agreement and provided bonding for said improvements; and WHEREAS, the developer has constructed and will maintain Piney Way driveway entrance and sign in easements to be granted by City; and WHEREAS, the developer has made the offer to dedicate water and sewer easements across the shopping center property; and WHEREAS, said road easement shall be for the purpose of facilitating the Piney Way extension to Kennedy Way; and WHEREAS, St. Timothy's Church has made an offer to dedicate said easement as shown upon the attached offer and its exhibits; and WHEREAS, it is in the public interest to formalize the extension of Piney Way per the said conditions of approval and approved project plans and to accept the easement grant deeds, improvement agreement and offered water and sewer easements. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the attached improvement agreement, easement grant deeds by City, and offers of dedication made by the Cypress Plaza Shopping Center and St. Timothy's Church is hereby accepted on behalf of the public. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a 40 regular meeting held on the 28th day of November, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: 1 t BRIDGET DAVIS, City Clerk 10 dr:engrg3tmext 0 City of Morro Bay 99 Morro Bay, CA 93442 " 805-772-6200 IMPROVEMENT AGREEMENT BETWEEN CITY OF MORRO BAY AND ALBERTSONS, INC. THIS AGREEMENT is made and entered into as of the fW day o£" 994, by and between ALBERTSONS, INC. (Cypress Plaza) herein referred to collectively as "OWNER", and the CITY OF MORRO BAY, a municipal corporation and one of the Cities of the State of California, herein referred to as "CITY". THIS AGREEMENT is made with reference to the following facts. 073. (1) The CITY Planning Commission has approved the Tentative Map for Parcel Map MB 92- (2) In accordance with the provisions of the Morro Bay Municipal Code, certain improvements are required to be constructed and/or installed and surety furnished therefor. (3) OWNER desires to make and complete all required improvements in said Parcel Map, MB 92-073, as specified in the conditions of approval (CUP 12-92/CDP 27-92(rM 03-92) approved and issuad at the January 25, 1993 meeting of the City Council of the City of Morro Bay, and as shown on the approved improvement plans for the Cypress Plaza Project and Main Street Storm Drain Modifications. (4) OWNER'S engineer and the CITY OF MORRO BAY have determined that the estimated cost of such improvements is Two Hundred Thirty Three Thousand, Three Hundred Eighty Two Dollars and Fifteen Cents ($233,382.15). THE PARTIES, THEREFORE, AGREE AS FOLLOWS: (1) OWNER shall file with the City Clerk an improvement security in the sums herein specified to guarantee performance of the terms of this agreement. In accordance with Government Code, Title 7, Division 2 (Subdivision Map Act), Chapter 5, Section 66499, as amended, such security shall be one of the following, at the option of and subject to the approval of the CITY, (a) Bond or bonds by one or more duly authorized corporate sureties in the sum of Two Hundred Thirty Three Thousand, Three Hundred Eighty Two Dollars and Fifteen Cents ($233,382.15) and • FINANCE ADMINISTRATION FIRE DEPARTMENT PUBLIC WORKS 595 Harbor Street 595 Harbor Street 715 Harbor Street 695 Harbor Street HARBOR DEPARTMENT COMMUNITY DEVELOPMENT POLICE DEPARTMENT RECREATION AND PARKS 1275 Embarcadero 535 Harbor Street Rsn nt.,..., a,.. rx,.. a,,...,.a ,,.,., 11 1 ... City of Morro Bay P9 Morro Bay, CA 93442 • 805-772-6200 One Hundred Sixteen Thousand Six Hundred Ninety One Dollars and Eight Cents ($116,691.08). Said bonds shall be furnished by bonding companies having a minimum A rating as established by Bests Key Rating Guide for Casualty and Property Insurance. A Performance Bond shall be posted in the amount of Two Hundred Thirty Three Thousand, Three Hundred Eighty Two Dollars and Fifteen Cents ($233,382.15) and an additional Payment Bond shall be posted for one-half such amount. (b) A deposit, either with the CITY or a responsible escrow agent or trust company, at the option of the CITY, of money or negotiable bonds of the kind approved for securing deposits of public moneys in the sum of Two Hundred Thirty Three Thousand, Three Hundred Eighty Two Dollars and Fifteen Cents ( $233,382.15) and One Hundred Sixteen Thousand, Six Hundred Ninety One Dollars and Eight Cents ($116,691.08). (c) An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter(s) of credit issued by such a financial institution in the sum of Two Hundred Thirty Three Thousand, Three Hundred Eight Two dollars and Fifteen Cents ($233,382.15) and One Hundred Sixteen Thousand, Six Hundred Ninety One Dollars and Eight Cents ($116,691.08). Such instrument or letters of credit shall be for a term of not less than the period allocated to complete the improvements. (d) A lien securing the sum of Two Hundred Thirty Three Thousand, Three Hundred Eighty Two Dollars and Fifteen Cents ($233,382.15) and One Hundred Sixteen Thousand, Six Hundred Ninety One Dollars and Eight Cents ($116,691.08) upon the property to be divided, created by contract between the OWNER and the CITY, if the CITY finds that it would not be in the public interest to require the installation of the required improvement sooner than two (2) years after the recordation of the map. Bonds shall be essentially as outlined in Sections 66499.0 and 66499.2 of the Government Code of California and shall secure all other expenses contemplated under this agreement and provided for under the provisions of Sections 66499.3 of Title 7 of the California Government Code. (2) OWNER, in lieu of bond requirement, with the approval of CITY, may place on deposit in an insured account with a bank or savings and loan in San Luis Obispo County, the sum of Two Hundred Thirty Three Thousand, Three Hundred Eighty Two Dollars and Fifteen Cents ($233,382.15) and One Hundred Sixteen Thousand, Six Hundred Ninety One Dollars and Eight Cents ($116,691.08). Such sum shall be a trust fund to guarantee performance and also to secure claims of all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and shall stand in the name of the CITY OF MORRO BAY alone, the bank or savings an loan to hold such money as Trustee for OWNER and such money shall not be subject to levy or attachment by any creditors of the depositor until the obligation secured thereby is completed to the satisfaction of and accepted by CITY. (3) OWNER shall furnish CITY evidence and proof of such deposit having been made and further shall deliver to CITY all passbooks for such account; provided, however, interest payable on such deposit(s) shall be paid over from time to time by the savings and loan to OWNER. FINANCE ADMINISTRATION FIRE DEPARTMEN'I" PUBLIC WORKS J95 HarnOr Street 595 Harbor Street 715 Harbor Street 695 Harbor Street • 0 HARBOR DEPARTMENT COMMUNITY DEVELOPMENT POLICE DEPARTMENT RECREATION AND PARKS 12 75 Embareadero 535 Harbor Street 850 Morro Bay Boulevard 1001 Kennndv Wav City of Morro Bay V9 Morro Bay, CA 93442 • 805-772-6200 \J The CITY may declare a default in the event of a breach of this subdivision agreement and in such event may withdraw a reasonable sum to cure said default. (4) Said OWNER shall pay to the CITY (per Resolution 33-94) a direct cost sum to review improvement plans and inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. The CITY reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. (5) Said OWNER shall also pay to the CITY $200.00 plus a direct cost sum for map checking, as required by Section 16.24.05OB1 of the Morro Bay Municipal Code and Resolution 33-94. (6) Tide 16, Chapter 16 of the Morro Bay Municipal Code, entitle "Subdivisions". All plans and specifications on file with said City Engineer as part of said Subdivision map, and all other documents filed with the CITY by the OWNER or its engineer and approved by the City Engineer in connection therewith are hereby referred to for further particulars in interpreting and defining the obligation of the OWNER under this agreement- (7) OWNER agrees at its own cost and expense to make and complete all required improvements as specified in Paragraph (3) above. (8) OWNER agrees to indemnify and hold the CITY harmless from any and all claims, whether or not meritorious, arising from said entry and construction from whatever cause, valid or not, and does hereby agree to defend and indemnify CITY against all suits, costs, tosses, awards or judgments arising therefrom, both during construction and at all times subsequent to construction, until such time as the construction is completed, approved and accepted by the CITY. (9) With respect to required improvement, OWNER shall provide CITY with a certificate of liability insurance showing CITY as an additional primary insured, without reduction or offset by reason of insurance which the CITY has in effect. Said insurance policy shall be in such amount and in such form and with such companies as are satisfactory to CITY. Said policy shall state by its terms and by an endorsement that said policy shall not be canceled until CITY shall have had at least thirty (30) days notice in writing of such cancellation. In the event a dispute arises under this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees. (10) It is understood and agreed between the parties hereto, including the "Declaration of Design Engineer" of work by the OWNER'S engineer, that the city Engineer of CITY or his representative shall inspect and pass upon all of said work or improvement to determine that said work conforms with the plans and specifications mentioned herein or the ordinances of CITY. (11) OWNER promises and agrees to complete all improvement work herein referred to, to the satisfaction of the City Engineer of CITY on or before one year from date of issuance of Building Permit. If completion of said work is delayed by acts of God or strikes, the OWNER shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time FINANCE 595 Harbor Street ADMINISTRATION 595 Harbor Street FIRE DEPARTMENT 715 Harbor Street HARBOR DEPARTMENT COMMUNITY DEVELOPMENT POLICE DEPARTMENT 1275 Embarcadero 535 Harbor Street 850 Morro Bay Boulevard PUBLIC WORKS 695 Harbor Street RECREATION AND PARKS 1001 Kennedy Wav City of Morro Bay P9 Morro Bay. CA 93442 • 805-772-6200 • hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provision of Section 2819 of the Civil Code of the State of California. No extension shall be given without the approval of the Morro Bay City Council, if necessary, imposing such conditions as are allowable by City Ordinance. Should the City Council approve said time extension, the amounts of securities specified in this Agreement shall be increased in accordance with the increase of the Engineering News Record (ENR) Construction Cost Index (CCI) as published by McGraw-Hill, Inc. The amounts of securities specified herein are based upon the CCI of $5,405.16 as published in the May 16, 1994 edition of ENR. (12) If said improvement work is not completed on or before the completion date herein specified under the foregoing section (11), OWNER agrees that CITY may complete the same. (13) If CITY shall Complete said work of improvement, then and in that event, OWNER agrees that it will reimburse CITY for its full cost and expense in completing said work of improvement. (14) OWNER further agrees that CITY may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted to OWNER, to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements and recover the full cost and expense thereof from the OWNER or its surety or may at its option proceed, pursuant to the Subdivision Map Act, to revert to acreage. (15) Upon final completion of the work, OWNER shall give the City Engineer written notice of completion and shall request inspection and approval. The City Engineer will notify OWNER of any deficiencies found or will accept the work and certify to the City Administrator that all provisions of this AGREEMENT have been satisfied. The City Administrator is the only person authorized to act for CITY in releasing bonds or funds. Completion of the work shall be deemed to have occurred on the date as of which the City Council accepts said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defect in the same or any breach of this agreement. (16) OWNER shall file a Notice of Completion of the improvements herein specified. (17) Upon acceptance by the City Council, CITY will release all but ten percent (10%) of the Performance security furnished under sections (1) or (2) of this agreement, that amount being deemed sufficient to guarantee faithful performance by the OWNER of its obligation to remedy any defects in the improvements arising within a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished in the performance of this agreement. The City, at its sole option, may cause said defects to be remedied and secure reimbursement of costs from owner or owner's sureties. FINANCE ADMINISTRATION FIRE DEPARTMENT PUBLIC WORKS 595 Harbor Street 595 Harbor Street 715 Harbor Street 695 Harbor Sheet HARBOR DEPARTMENT COMMUNITY DEVELOPMENT 4 POLICE DEPARTMENT RECREATION AND PARKS 1275 Embarcadero 535 Harbor Street 850 Marro Bav Boulevard 1001 K., --- A- tug. City of Morro Bay Morro Bay, CA 93442 • 805-772-6200 (18) This AGREEMENT is made and executed in triplicate, and any of the three copies shall be for purposes deemed an original. (19) This AGREEMENT shall bind the heirs, executors, administrators, successors and assigns of the respective parties of this AGREEMENT. (20) It is hereby mutually covenanted and agreed by the parties hereto that OWNER'S contractors are not agents of the CITY, and that the OWNER'S relations to CITY, if any, are those of independent contractors. (21) OWNER does hold and save CITY harmless from any and all claims arising from entry and construction on public property by OWNER or OWNER'S operations and does hereby agree to defend and indemnify CITY against all suits, costs, losses, awards or judgments arising therefrom. OWNER will advise its insurance carrier of this indemnity provision and the Certificate of Insurance will provide that it includes the contractual liability assumed in the Agreement to indemnify. (22) OWNER will provide CITY with a Certificate of Liability Insurance showing CITY as an isadditional insured, without reduction or offset by reason of insurance which the CITY has in effect Said insurance policy shall be in such form and with such companies as are satisfactory to the CITY. Limits of liability shall not be less than $500,000 for each occurrence, $1,000,000 aggregate, and $25,000 property damage. • (23) OWNER agrees to indemnity CITY from any and all claims, losses, costs or expense arising from or related to CITY'S approval of OWNER'S subdivision project. This agreement to indemnify specifically includes claims for inverse condemnation made by adjoining owners in connection with any asserted adverse effects of the proposed subdivision on the property of the adjoining owners. * (24) This agreement and the real property subject to this agreement shall not be transferred or assigned without prior written consent of CITY. If there has been full compliance with the terms of the agreement, CITY will consent to an assignment, provided transferee assumes the subdivision agreement in a form satisfactory to CITY and provided further that all necessary replacement Performance and Payment Bonds and insurance are issued in a form satisfactory to and accepted by CITY in writing. (25) This AGREEMENT shall not become effective unless and until the final Parcel Map MB 92-073 shall have been approved by the City Council of CITY and also accepted for recordation by the County Recorder of the County of San Luis Obispo, *No provision in this agreement shall be construed to obligate OWNER to indemnify CITY against the CITY'S sole negligence, violations of law or unauthorized acts. FINANCE 595 Harbor Street ADMINISTRATION 595 Harbor Street FIRE DEPARTMENT 71.5 Harbor Street HARBOR DEPARTMENT COMMUNITY DEVELOPMENT POLICE DEPARTMENT 1275 Embarcadero 535 Harbor Street 850 Morro Bav Boulevard PUBLIC WORKS 695 Harbor Street RECREATION AND PARKS ions Kn „IAh. City of Morro Bay Morro Bay, CA 93442. 805-772-6200 P9 1 IN WITNESS WHEREOF, OWNER and CITY have caused this document to be executed on the day and year first above written. CITY OF MORRO BAY ALBERTSONS, INC. A Municipal Corporation a Delaware corporation By By Attest by City Clerk City of Morro Bay By (TIUe) Vice president, Real Estate Law B� (Title) (Affix Corporate Seaq • FINANCE 595 Harbor Street ADMINISTRATION 595 Harbor Street HARBOR DEPARTMENT COMMUNITY DEVELOPMENT 6 1275 Embarcadero 535 Harbor Street FIRE DEPARTMENT 715 Harbor Street POLICE DEPARTMENT 850 Morro Bay Boulevard PUBLIC WORKS 695 Harbor Street RECREATION AND PARKS 1001 Kennedy Way Order moo. Escrow No. Loan No WHEN RECORDED MAIL TO: • SPACE ABOVE THIS LINE FOR RECORDERS USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ............................................................ ...... Computed on the consideration or value of properly conveyed; OR ...... Computed on the consideration a value less hens or encumbrances remaining at time of sale. geo,xeof Dittarant or Agent dinia mean, lax — then ." EASEMENT GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF MORRO BAY hereby GRANT(S) to ALBERTSONS, INC., OF THE CITY OF MORRO BAY the real property in the City of MORRO BAY County of SAN LUIS OBISPO State of California, described as �AN EASEMENT FOR SIGNAGE PURPOSES AS SHOWN ON EXHIBITS A AND B ATTACHED HERETO Dated STATE OF CALIFORNIA }ss. COUNTY OF On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory ce) to be the persowhose names) Blare subscribed to the within mpersons) whose and acknowtedged to me that heJshehhey executed the same in histneylheir authorized cepacitypes), and that by hislherliheir sigru lure(s) on the instrument the person(s) ca the entity upon behalf of which the person(s) acted, executed the msWment WRNESS my hand and official seal. (Thin a.. for oxi[W noWal seal) arms TAY RTATFMFNTR AS nlRFCTFn ABOVE 1002 (t/91) EXHIBIT A A STRIP OF LAND 8.00 FEET WIDE WITHIN THAT PORTION OF BLOCK 1 OF MORRO HEIGHTS IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 111 OF MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, BEING 4.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF PINEY WAY DISTANT SOUTHERLY THEREON 83.52 FEET FROM THE NORTHERLY TERMINUS THEREOF AS SHOWN ON MAP RECORDED IN BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 88°11'26" EAST, 22.85 FEET AS SOWN ON THE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. �m\ts\tb.'bevlwOiLe Ll • W Z a GRAPHIC SCALE 30 0 30 60 ( IN FEET > f inch = 30 ft. JCM: C: � 2014991 S/GNEASEDWG OATS- OCT 04, 1994 TIMC, 1.•53 PM N88'1176'W 22.85' D J4�� Alkb 60 �/ �1, oC4- 3 r1� 4� 5702 y N F J� EXHIBIT B Order No E,crwv No Wan No. WHEN RECORDED MAIL TO, SPACE ABOVE THIS LINE FOR RECORDERS USE MAIL TAX STATEMENTS TO'. DOCUMENTARY TRANSFER TAX$ __. _. ........... ...__.... _. _. Computed on the consideration or value of propeny conveyed, OR _. Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signawro of DAcuom or A,r,l Gelermining tax — Finn Name EASEMENT GRANT DEED FOR .A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF MORRO BAY hereby GRANT(S) to ALBERTSONS, INC., OF THE CITY OF MORRO BAY the real property in the City of MORRO BAY County of SAN LUIS OBISPO State of California, described as AN EASEMENT FOR INGRESS AND EGRESS ON, OVER, THROUGH AND ACROSS THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBITS A AND B ATTACHED HERETO, TOGETHER WITH THE RIGHTTO CONSTRUCTAND MAINTAIN A DRIVEWAY AT THE GRANTEE'S EXPENSE. Dated STATE OF CALIFORNIA COUNTY OF On personally before me. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his hi authorized capacity(ies), and that by his/her/their signa- turelsl on the llostrument the person(,) or the entity upon behalf of which the Thson(s) acted, executed the instrument. WITNESS my hand and official seat a�gnawrc (This area for official notarial soap • ACCESS EASEMENT THAT PORTION OF BLOCK 1 OF MORRO HEIGHTS IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 1111 OF MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, BEING A 20.00 FOOT STRIP OF LAND, 10.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF PARCEL 2 OF PARCEL MAP MB 92-073, DISTANT SOUTHEASTERLY THEREON 68.01 FEET FROM THE NORTHWESTERLY TERMINUS OF THE LINE SHOWN AS NORTH 60 ° 27'04" WEST AS SHOWN ON MAP RECORDED IN BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 60.00 FEET AND A RADIAL BEARING OF SOUTH 53"09'36" EAST; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGEL OF 54.58'10", AN ARC DISTANCE OF 57.56 FEET; THENCE NORTH 88' 11'26" WEST, 11.06 FEET TO THE EASTERLY LINE OF PINEY WAY AS SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. JrnUslta99e"umeM.ecs • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the28th day of July 1994, by THE ROMAN CATHOLIC CHURCH OF MONTEREY, CALIFORNIA, a corporation sole, of the City of Monterey, County of Monterey, State of California, hereinafter termed "Offeror." WHEREAS, said Offeror desires to make an offer to Dedicate, irrevocably, to the public, an easement, for street purposes, which offer may be accepted at any time by the City of Morro Bay, which . has the power to establish, construct and maintain streets. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described below: APN 066-280-019 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of a public right-of-way for street purposes and incidental uses upon the following described property: See Exhibit A attached hereto. 3. That until such time as the above Offer to Dedicate is accepted by the City of Morro Bay, all owners of property • contiguous to the above described street parcel shall have the right to use said street parcel as a private street. 3 4. That said offeror agrees that said Offer to Dedicate shall be irrevocable and that the City of Morro Bay, at any time in the future, may accept said Offer to Dedicate of the public right- of-way. 5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. 6. That said offeror agrees that any trust deeds shall be subordinate to this Offer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. THE ROMAN CATHOLIC CHURCH OF MONTEREY, CALIFORNIA, a corporation sole By: Ckaad/ XV, •� Charles G. Fatooh Chancellor "Offeror" STATE OF CALIFORNIA ) )ss. COUNTY OF MONTEREY ) On July 28. 1994 before me, KATHRYN L. GRAHAM personally appeared CHARLES G. FATOOH, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �muxnuxuulxulmllxuuxxululx/xwllx+i• KATHRYN L. GRAHAM N COMM. # 992816 c NOTARY PUBLIC - CALIFORNIA W C� m COUNtY OF MONTBRlY Comm. Exp. July 13, 7997 �Ilnlln!{xllxnlllxxlxlln111/nllllnllllllnllnd Nota&y PuJYlic 2 0 u 0 EXHIBIT A THAT PORTION OF THE LAND IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED IN DEED RECORDED IN BOOK 481, PAGE 381 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF KENNEDY WAY (40 FEET WIDE) AND THE NORTHEASTERLY LINE OF PARCEL 2 OF THE PARCEL MAP NO. MB-87-142 RECORDED IN BOOK 47, PAGE 3, OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE SOUTH 62.15'00" EAST, ALONG SAID NORTHEASTERLY LINE, 58.46 FEET TO THE POINT OF CUSP OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 72.00 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40° 15'02", AN ARC DISTANCE OF 50.58 FEET; THENCE NORTH 21.591581, WEST,15.64 FEETTO A POINT ON SAID SOUTHEASTERLY LINE OF KENNEDY WAY; THENCE SOUTH 27.45'23" WEST, ALONG SAID SOUTHEASTERLY LINE, 27.15 FEET TO THE POINT OF BEGINNING, CONTAINING 506 SQUARE FEET, MORE OR LESS, AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. Zb l kt -f p4,�NN�,I . rSyhC2N W LLI Z w Q N AN LLJ Q v V) U Q to c1 .• v_ LLI 3nN3Ad d1SVHS Recording Requested By and When Recorded Mail To: PAY LESS DRUG STORES NORTHWEST, INC. 9275 SW Peyton Lane Wilsonville, OR 97070 Attention: Real Estate Department IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the 1(f �" day of s tiUii-, , 19�W, by Pay Less Drug Stores Northwest, Inc., a Maryland corporation, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an Offer to Dedicate, irrevocably, to the public, an easement for public utility purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain public utilities. • NOW THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described below: Parcel 1 of Parcel Map MB 92-073 in the City of Morro Bay, County of San Luis Obispo, State of California, as shown on the map recorded in Book 50, Page 35 of Parcels Maps in the Office of the Recorder of said county. 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of an easement for public utility purposes and incidental uses upon the following described property: See Exhibit "A" attached hereto. 3. That said Offeror agrees that said Offer of Dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, may accept said Offer of Dedication of the easement. 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on its heirs, legatees and assignees. • Page 1 - IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE (Morro Bay, California 6/15/94) 5. That said Offeror agrees that any trust deeds shall be subordinate to this Offer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by said Offeror on the day and year first above written. PAY LESS DRUG STORES NORTHWEST, INC. a Maryland corporation By: .., �/ IdL Ja es Pv. Gaube Seni r ice President STATE OF O @ A A 1 ss. County of On & - I , before me, ohl i( LGCd' personally appeared James W. Gaube, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL 09) TAMMY L. ANDO NOTARY PUBLIC-OREGON COMMISSION NO, 003961 MY COMMISSION EXPIRES JAN. 13, 1995 Page 2 - IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE (Morro Bay, California 6/15/94) EXHIBIT A THOSE PORTIONS OF PARCEL 1, OF PARCEL MAP MB 92-073, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, WHICH PORTIONS ARE LOCATED WITHIN THE STRIPS OF LAND DESCRIBED AS FOLLOWS: STRIP 1 A STRIP OF LAND 15.00 FEET WIDE, 10.00 FEET LEFT OF AND 5.00 FEET RIGHT OF THE LINE DESCRIBED AS FOLLOWS: .BEGINNING AT A POINT ON THE EAST LINE OF SAID PARCEL 1 AT ITS INTERSECTION WITH THE CENTERLINE OF THE 8.00 FOOT WIDE PUBLIC UTILITY EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1143, PAGE 224, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 480 58' 13" WEST, ALONG SAID CENTERLINE, 10.70 FEET TO THE TRUE POINT OF BEGINNING OF STRIP 1; THENCE SOUTH 840 09' 39" WEST, 14.14 FEET; THENCE NORTH 520 45' 39" WEST, 45.05 FEET TO THE POINT OF BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET AND A RADIAL BEARING OF NORTH 520 45' 39" WEST, SAID POINT HEREIN REFERRED TO AS POINT "A"; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7° 55' 51", AN ARC DISTANCE OF 27.68 FEET; THENCE SOUTH 290 18' 30" WEST, 150.17 FEET TO A POINT HEREIN REFERRED TO AS POINT "B"; THENCE SOUTH 290 18' 30" WEST, 233.27 FEET; THENCE NORTH 850 34' 04" WEST, 59.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF . 110 06' 45", AN ARC DISTANCE OF 38.79 FEET; THENCE NORTH 740 27' 19" WEST, 83.86 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 2° 38' 08", AN ARC DISTANCE OF 9.20 FEET TO A POINT ON SAID CURVE HEREIN REFERRED TO AS POINT "C"; THENCE CONTINUING NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 110 22' 12", AN ARC DISTANCE OF 39.69 FEET; THENCE NORTH 600 27' 00" WEST, 213.98 FEET; THENCE NORTH 290 33' 00" EAST, 286.67 FEET TO A POINT HEREIN REFERRED TO AS POINT "D"; THENCE NORTH 290 33' 00" EAST, 208.37 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 050 02' 15", AN ARC DISTANCE OF 17.58 FEET TO A POINT ON SAID CURVE HEREIN • REFERRED TO AS POINT "E"; THENCE CONTINUING NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 060 05' 49", AN ARC DISTANCE OF 21.28 FEET TO A POINT ON SAID CURVE HEREIN REFERRED TO AS POINT "F'; THENCE CONTINUING NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00° 28' 14", AN ARC DISTANCE OF 1.64 FEET; THENCE NORTH 410 09' 18" EAST, 40.38 FEET TO A POINT ON SAID PUBLIC UTILITY EASEMENT CENTERLINE. STRIP 2 A STRIP OF LAND 15.00 FEET WIDE, 10.00 FEET LEFT OF AND 5.00 FEET RIGHT OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "A"; THENCE NORTH 520 45' 39" WEST, 434.49 FEET TO SAID POINT "F" • STRIP 3 A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "B"; THENCE NORTH 600 41' 30" WEST, 13.00 FEET. 6tiVl;zl A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "C"; THENCE SOUTH 180 10' 48" WEST, 12.21 FEET. STRIP 5 A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: • BEGINNING AT SAID POINT "D"; THENCE SOUTH 600 27' 00" EAST, 32.83 FEET. STRIP 6 A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "E"; THENCE NORTH 550 25' 40" WEST, 26.26 FEET. ALL STRIPS ARE AS SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. JM\I9\14WH2 .E S �E, U-O r h N ^Nh0.1g N h U W N Nh�V-ONNN n q O •� h io � H••�h V Vj O'"j CN qr'i r'i �o��7MniNN NC�N��^.-�N O � z313IW,ru3iru3�uWw3w4,3o o�q OlOaq pp OQ, q 'b3 p Q,01 v)O W pN Nhhgin^On pW @ N hN"+m�bN g q h� o q�q N'ah`o � ry O u3 ^b p h 2 yz2zzhZzaaz�z2 W 2"'NhvhUNNgO^N^V^ V J V V J J J J V J^^ ( dM ( 03NN3,V 11 rr ,r N f, WN rf ,p 4 r r Ir �� r r \^ fr V� Q rr •• rr .. ..� rr r r 2a r -- -------------- - - - - -- f n- o I , il l 2zl,J jj QZ c- .I i � 111 11 J I I sr f- 1 p. On —LL— — —L3— — _ III V OA w 1 .. .. .. ill 00z U � i T W r^ W h W 3 0 0 UUNN�h NU 2Kojo$oiK�� y0000000 0 0 0 0 0 0 0 J p p 0 0 Ql 0 0 O O O O O 0 0 0 N N N N N N N Q ^h�N�Aa h �h�n�NNh W WhOh,N ^ter^h�o0 OON pF\ O`er O ^000 4r �UCNiUC�iUUU • • IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the 1 FM)4 day of 19_ by Albertsons, Inc. of the City of Morro Bay, County of San Luis Obispo, State of California, hereinafter termed Offeror; WHEREAS, said Offeror desires to make an Offer to Dedicate, irrevocably, to the public, an easement, for public utility purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain public utilities. NOW, THEREFORE, said Offoror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described below: Parcels 2 and 4 of Parcel Map 92-073 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of an easement for public utility purposes and incidental uses upon the following described property: See Exhibits A and B attached hereto. 3. That said Offeror agrees that said Offer of Dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, accept said Offer of Dedication of the easement. 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. 5. That said Offeror agrees that any trust deeds shall be subordinate to this Offer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. By: By: Offeror Offeror State of California ) ) ss. County of San Luis Obispo ) On beforeme, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official sea. Notary Public EXHIBIT A THAT PORTION OF PARCELS 2 AND 4 OF PARCEL MAP 92-073, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE • RECORDER OF SAID COUNTY, BEING STRIPS OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINES DESCRIBED AS FOLLOWS: STRIP NO. 1 BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL 2; DISTANT SOUTHERLY 5.48 FEET FROM THE ANGLE POINT THEREON; THENCE SOUTH 520 45' 39" EAST, 122.40 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 520 45' 39", EAST 181.68 FEET TO AN EXISTING WATER LINE STRIP NO. 2: BEGINNING AT AFORESAID POINT "A"; THENCE NORTH 3r 14' 21" EAST, 32.44 FEET, THE ABOVE LINES ARE SHOWN GRAPHICALLY ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. JM\I9kl4WHW.E S N29'33'S8"'E /t kENNEOy {yyy n u • IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made theme day of ",* , 199 `f, by Albertson, Inc., a Delaware corporation, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an Offer to Dedicate, irrevocably, to the public, an easement for public utility purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain public utilities. NOW THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described below: Parcels 2, 3, 4 and 5 of Parcel Map ME 92-073 in the City of Morro Bay, County of San Luis Obispo, State of California, as shown on the • map recorded in Book 50, Page 35 of Parcels Maps in the Office of the Recorder of said county. 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of an easement for public utility purposes and incidental uses upon the following described property: See Exhibit "A" attached hereto. 3. That said Offeror agrees that said Offer of Dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, may accept said Offer of Dedication of the easement. 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on its heirs, legatees and assignees. 5. That said Offeror agrees that any trust deeds shall be subordinate to this Offer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by said Offeror on . the day and year first above written. ALBERTSON'S, INC. a Delaware corporation By: William H. Arnold Vice President, Real Estate Law 4,4-1-e State of Carf=ia ) ss. County of Sai�4-6bispa ) OnJ�S; 199fe beforeme, sc�i<iit/� `�?7.,. `/h&_,b,0 e-j) Personally appeared William H. Arnold personally known to me or proved to me on the basis of satisfactory evidence to be the person(O whose name is/are. subscribed to the within instrument and acknowledged to me that he/sho4hey- executed the same in his/hedlheir- authorized capacity(ies), and that by his/her/their signature($] on the instrument, the person(s' , • or the entity upon behalf of which the person(A acted, executed the instrument. Witness my hand and official seal. �..o"'°""••�., ��.•` lyE M' dqc •�'4 ) Q� �i 0/. , rr,n s OTA Na6ry Public - ® M MY commission expires: OS/25 64 PP bP 4 QM":km°peA�Ff�'otrxP �S:+A'+ (a@1125.152kdedoffer.mor) ebPa•.➢lOnie 0 Iy/:Illlrl THAT PORTION OF PARCELS 2 AND 5 OF PARCEL MAP MB 92-073, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, LOCATED WITHIN A 10.00 FOOT WIDE STRIP OF LAND, 5.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID PARCEL 1 AT ITS INTERSECTION WITH THE CENTERLINE OF THE 8.00 FOOT WIDE PUBLIC UTILITY EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1143, PAGE 224, OFFICIAL RECORDS OF SAID COUNTY; • THENCE NORTH 480 58' 13" WEST, ALONG SAID CENTERLINE, 30.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 520 45' 39" WEST, 382.27 FEET; THENCE NORTH 070 45' 39" WEST, 38.36 FEET TO A POINT ON SAID CENTERLINE, AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. JM\lg\14g GWA B 0 J.VM K011AND Pi Ci U • IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the -5 i0(day of Zee �y 19J/Y, by Albertson, Inc., a Delaware corporation, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an Offer to Dedicate, irrevocably, to the public, an easement for public utility purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain public utilities. NOW THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described below: Parcels 2, 3, 4 and 5 of Parcel Map ME 92-073 in the City of Morro Bay, County of San Luis Obispo, State of California, as shown on the • map recorded in Book 50, Page 35 of Parcels Maps in the Office of the Recorder of said county. 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of an easement for public utility purposes and incidental uses upon the following described property: See Exhibit "A" attached hereto. 3. That said Offeror agrees that said Offer of Dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, may accept said Offer of Dedication of the easement. 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on its heirs, legatees and assignees. 5. That said Offeror agrees that any trust deeds shall be subordinate to this Offer to 0 Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by said Offeror on . the day and year first above written. ALBERTSON'S, INC. a Delaware corporation By: Jj . William H. Arnold Vice President, Real Estate Law SnAAly State ofa ) Ss. County of SaAltbispo' ) On 4 5. 1,fV beforeme, `A' _ Cie.6eAUALb personally appear& W' liam H. Arnold personally Mown to me or proved to me on the basis of satisfactory evidence to be the person(} whose name War, subscribed to the within instrument and acknowledged to me that hefshefthey executed the same in his/l wAie4F authorized capacity(ies), and that by his/heir signaturef4 on the instrument, the person(,; • or the entity upon behalf of which the person(A) acted, executed the instrument. Witness my hand and official seal. Er.Y ♦%% l r M. Af Y�r� roizA- ". tary Public soy _ M commission expires: --:7 —f) — X"'Zt44 ct.i �fZlJao�� 0�, U is Y, S� :ken Q5n25 94 (a1b\125.152Wedoffcf.mod ,,6,��SiY if lt4�0��a'6a 9 3Tal THOSE PORTIONS OF PARCELS 2 AND 5 OF PARCEL MAP MB 92-073, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, WHICH PORTIONS ARE LOCATED WITHIN THE STRIPS OF LAND DESCRIBED AS FOLLOWS: STRIP 1 A STRIP OF LAND 15.00 FEET WIDE, 10.00 FEET LEFT OF AND 5.00 FEET RIGHT OF THE LINE DESCRIBED AS FOLLOWS: .BEGINNING AT A POINT ON THE EAST LINE OF SAID PARCEL 1 AT ITS INTERSECTION WITH THE CENTERLINE OF THE 8.00 FOOT WIDE PUBLIC UTILITY EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1143, PAGE 224, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 480 58' 13" WEST, ALONG SAID CENTERLINE, 10.70 FEET TO THE TRUE POINT OF BEGINNING OF STRIP 1; THENCE SOUTH 840 09' 39" WEST, 14.14 FEET; THENCE NORTH 520 45' 39" WEST, 45.05 FEET TO THE POINT OF BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET AND A RADIAL BEARING OF NORTH 520 45' 39" WEST, SAID POINT HEREIN REFERRED TO AS POINT "A"; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH ACENTRALANGLE OF 7° 55' 51", AN ARC DISTANCE OF 27.68 FEET; THENCE SOUTH 290 18' 30" WEST, 150.17 FEET TO A POINT HEREIN REFERRED TO AS POINT "B"; THENCE SOUTH 290 18' 30" WEST, 233.27 FEET; • THENCE NORTH 850 34' 04" WEST, 59.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 110 06' 45", AN ARC DISTANCE OF 38.79 FEET; . THENCE NORTH 740 27' 19" WEST, 83.86 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 2° 38' 08", AN ARC DISTANCE OF 9.20 FEET TO A POINT ON SAID CURVE HEREIN REFERRED TO AS POINT "C"; THENCE CONTINUING NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 110 22' 12", AN ARC DISTANCE OF 39.69 FEET; THENCE NORTH 600 27' 00" WEST, 219.31 FEET; THENCE NORTH 290 33' 00" EAST, 286.67 FEET TO A POINT HEREIN REFERRED TO AS POINT "D"; THENCE NORTH 290 33' 00" EAST, 208.91 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 050 13' 11", AN ARC DISTANCE OF 18.22 FEET TO A POINT ON SAID CURVE HEREIN REFERRED TO AS POINT "E"; . THENCE CONTINUING NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 050 57' 55", AN ARC DISTANCE OF 20.82 FEET TO A POINT ON SAID CURVE HEREIN REFERRED TO AS POINT "F"; THENCE CONTINUING NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00° 25' 12", AN ARC DISTANCE OF 1.47 FEET; THENCE NORTH 410 09' 18" EAST, 40.91 FEET TO A POINT ON SAID PUBLIC UTILITY EASEMENT CENTERLINE. STRIP 2 A STRIP OF LAND 15.00 FEET WIDE, 10.00 FEET LEFT OF AND 5.00 FEET RIGHT OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "A"; THENCE NORTH 520 45' 39" WEST, 439.84 FEET TO SAID POINT "F". STRIP 3 A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "B"; THENCE NORTH 600 41' 30" WEST, 13.00 FEET. STRIP 4 A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "C"; THENCE SOUTH 180 10' 48" WEST, 12.21 FEET. STRIP 5 A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: • BEGINNING AT SAID POINT "D"; THENCE SOUTH 600 27' 00' EAST, 38.17 FEET. STRIP 6 A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "E"; THENCE NORTH 550 13' 49" WEST, 22.00 FEET. ALL STRIPS ARE AS SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. JM\lg\1�ei w 4l tl hNN 0.1NN U 2�h0'7 �•o^Nh41�b^�^�vONQ1N vi"i")(606 H•,vhN'nbNNNvy�.wwhN 0 3341 �u 31u3�u Lu W 3 W L.133 020 p�00p. gpOObol0 G1 p O cv Omh V Nq�ir) NN b V nbNNvh pOA`+iV Om b'^ O b2 h In2222y22222/n22 2^N^�vin�olnwao J J J J J J U b n N b h ry b Wry J N t00000000 00000co p 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 �NNNNNNN h ro N n rn v „h�o ooNNh�o LA,�nohNoo,ry jUV CniUCbi ill Ci U rrD W 3 U IRREVOCABLE AND PERPETUAL . OFFER TO DEDICATE • THIS OFFER TO DEDICATE, made the day of 19_ by Halferty Development Company of the City of Pasadena, County of Los Angeles, State of California, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an Offer to Dedicate, irrevocably, to the public, an easement, for public utility purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain public utilities. NOW, THEREFORE, said Offeror covenants and promises as follows: t. That said Offeror is the owner of the following interest described below: Parcel 6, Tract MB 92-073 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of an easement for public utility purposes and incidental uses upon the following described property: See Exhibit A attached hereto. 3. That said Offeror agrees that said Offer of Dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, accept said Offer of Dedication of the easement. 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. 5. That said Offeror agrees that any trust deeds shall be subordinate to this Offer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate Is hereby executed by the said Offeror on the day and year first above written. By: By: Aror a,i-` t. Half' t STATE OF CALIFORNIA COUNTY OF LOS ANGELES On May 25, 1994, before me Diane Giroux, personally appeared James L. Halferty personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFRCt4l SEAL LxANE GtttOUX WITNESS my hand and official seal. W rigSYY Pabae-Cayomin LANGEUS COUNTY My Cwwinlon E4*W May W 1995 t�Y-G1-� O� .C•i <�� STATE OF CALIFORNIA COUNTY OF LOS ANGELES On May 25, 1994, before me Diane Giroux, personally appeared John W. Bartlett personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL LNANE GIROUX Nafary Public-Colifomla WITNESS my hand and official seal. ® LOS ANGELES COUNTY My C=TW6Wm Evkw May 16. 1"5 • • • L EXHIBIT A THAT PORTION OF PARCEL 6 OF PARCEL MAP MB 92-073, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, LOCATED WITHIN A 10.00 FOOT WIDE STRIP OF LAND, 5.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID PARCEL 1 AT ITS INTERSECTION WITH THE CENTERLINE OF THE 8.00 FOOT WIDE PUBLIC UTILITY EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1143, PAGE 224, OFFICIAL RECORDS OF SAID COUNTY; . THENCE NORTH 480 58' 13" WEST, ALONG SAID CENTERLINE, 30.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 520 45' 39" WEST, 382.27 FEET; THENCE NORTH 07° 45' 39" WEST, 38.36 FEET TO A POINT ON SAID CENTERLINE, AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF. JM\Ig\Ia SEWAM 0 IRREVOCABLE AND PERPETUAL . OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the day of 19_by Halferty Development Company of the City of Pasadena, County of Los Angeles, State of California, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an Offer to Dedicate, irrevocably, to the public, an easement, for public utility purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain public utilities. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described below: Parcel 6, Tract MB 92-073 • 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of an easement for public utility purposes and incidental uses upon the following described property: See Exhibit A attached hereto. 3. That said Offeror agrees that said Offer of Dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, accept said Offer of. Dedication of the easement. 4. That said Offeror agrees that this irrevocable and perpetual Offerto Dedicate is and shall be binding on his heirs, legatees and assignees. 5. That said Offeror agrees that any trust deeds shall be subordinate to this Offer to Dedicate. n u IN WETNESS WHEREOF, this Offer to Dedicate IS hereby executed by the said Offeror on the day and year flrst above written. l By: By BfOf _.... _ . ll)flerJoh John W. Bartlett, a President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On May 25, 1994, before me Diane Giroux, personally appeared James L. Halferty personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. of^ _ !.-AL WITNESS my hand and official seal. c amla L-S ANGELL- COUNTY My Cann islan EXON • �� J / May 16. 1995 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES 1 On May 25, 1994, before me Diane Giroux, personally appeared John W. Bartlett Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL MANE GWOUX ' WITNESS my hand and official seal. Notruclro-Caffonio ,; M SCgrynftjp„ ' May la. 1995 • a EXHIBIT A THOSE PORTIONS OF PARCEL 6 PARCEL MAP MB 92-073, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, WHICH PORTIONS ARE LOCATED WITHIN THE STRIPS OF LAND DESCRIBED AS FOLLOWS: STRIP 1 A STRIP OF LAND 15.00 FEET WIDE, 10.00 FEET LEFT OF AND 5.00 FEET RIGHT OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID PARCEL 1 AT ITS • INTERSECTION WITH THE CENTERLINE OF THE 8.00 FOOT WIDE PUBLIC UTILITY EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1143, PAGE 224, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 480 58' 13" WEST, ALONG SAID CENTERLINE, 10.70 FEET TO THE TRUE POINT OF BEGINNING OF STRIP 1; THENCE SOUTH 840 09' 39" WEST, 14.14 FEET; THENCE NORTH 520 45' 39" WEST, 45.05 FEET TO THE POINT OF BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET AND A RADIAL BEARING OF NORTH 520 45' 39" WEST, SAID POINT HEREIN REFERRED TO AS POINT "A"; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRALANGLE OF 7° 55' 51 ", AN ARC DISTANCE OF 27.68 FEET; THENCE SOUTH 290 18' 30" WEST, 150.17 FEET TO A POINT HEREIN REFERRED TO AS POINT "B"; THENCE SOUTH 290 18' 30" WEST, 233.27 FEET; THENCE NORTH 850 34' 04" WEST, 59.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; • RESOLUTION NO. 113-94 RESOLUTION PROHIBITING ON -STREET PARKING ALONG PORTIONS OF QUINTANA ROAD, PINEY WAY AND KENNEDY WAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the approved Conditions of Approval (CUP 12-92 and Council Resolution No. 06-93) for the Cypress Plaza Shopping Center, require turn lane pockets for vehicles be installed on Quintana Road and on Kennedy Way; and WHEREAS, the extension of Piney Way to Kennedy Way, as recommended in the approved traffic study for Cypress Plaza, was facilitated through negotiated dedication by the Catholic Church and completed by the developer; and WHEREAS, the resulting developed width of Piney Way meets the standards for the required travel and bike lanes, excepting on -street parking; and WHEREAS, to meet the travel lane, turn lane picket, bicycle lane, and right-of- way constraints, it will be necessary to prohibit on -street parking along portions of these streets; and WHEREAS, the City Engineer, in accordance with Section 10.36.040 of the Morro Bay Municipal Code and Section 22506 of the California Vehicle Code, and upon receipt of authorization by the City Council, will: install No Parking signs in the areas as follows: Both sides of Quintana Road: Kennedy Way east to a point approximately two hundred feet easterly of the Cypress Plaza Shopping Center's east property line; Both sides of Piney Way extension: Full length, Harbor Street to Kennedy Way; and Both sides of Kennedy Way: Quintana Road south to the Cypress Plaza Shopping Center's south property line. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the City Engineer be authorized to install No Parking signs and/or other appropriate delineation in the areas so designated. BE IT FURTHER RESOLVED, said prohibitions shall become effective upon installation of said signs and/or other appropriate delineations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 28th day of November, 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: � l BRIDGET DAVIS, City Clerk dr:engrg3:prkyproh • r� u w� �o 0 � r f � Q 0 r � I � � r 1 r �t • RESOLUTION NO. 112-94 RESOLUTION AUTHORIZING THE DESIGNATION OF A FOUR-WAY STOP INTERSECTION AT HARBOR STREET AND PINEY WAY AND INSTALLATION OF A STOP SIGN ON PINEY WAY AT KENNEDY WAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the extension of Piney Way to Kennedy Way has created a new intersection; and WHEREAS, traffic volumes will increase from the new Kennedy Way intersection from Harbor Street and from the new entrance/exit on the Piney Way extension for the Cypress Plaza Shopping Center; and WHEREAS, per the traffic engineering study for the Cypress Plaza Shopping Center and to insure a safe and orderly flow from the increased traffic volumes, there is a need to stop the flow of vehicles on Piney Way at Kennedy Way and at the Piney Way intersection at Harbor Street; and WHEREAS, the City Engineer, in accordance with Section 10.12.060 of the • Morro Bay Municipal Code and Section 21354 of the California Vehicle Code, and upon receipt of authorization by the City Council, will. install a four-way stop sign intersection at Piney Way and Harbor Street; and install a stop sign at the southeast corner of Piney Way and Kennedy Way to stop northerly -moving vehicles on Piney Way; and NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the City Engineer be authorized to install stop signs and markings at the above said locations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 28th day of November, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGET DAVIS, City Clerk N . n � WILLIAM YATES, • RESOLUTION NO. 111-94 A RESOLUTION CONSENTING TO THE ASSIGNMENT OF A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FROM SONIC CABLE LEASING CORPORATION TO SONIC CABLE TELEVISION OF SAN LUIS OBISPO THE CITY COUNCIL City of Morro Bay, California WHEREAS, on January 27, 1986 the Morro Bay City Council adopted Ordinance No. 277 enacting a cable television ordinance governing the operation and regulation of non-exclusive franchise cable television systems in Morro Bay; and WHEREAS, by authority of Ordinance No. 277 the City Council passed Resolution No. 10-86 granting a non-exclusive cable television franchise to Sonic Cable Television of San Luis Obispo for the service area of the municipal and corporate boundaries of Morro Bay; and WHEREAS, said franchise agreement executed on February 27, 1986 provides a term of fifteen (15) years of operation from the effective date thereof subject to cable communications system reviews every five (5) years thereafter; and WHEREAS, the City Council passed Resolution No. 139-89 on December 11, 1989 • granting Sonic Communications' request for transfer of franchise and agreement from Sonic Cable Television of San Luis Obispo to Sonic Cable Leasing Corporation; and WHEREAS, on October 24, 1994 K. Robin Baggett, attorney and officer of Sonic Communications, advised the City in writing of Sonic's request for assignment of said franchise and agreement from Sonic Cable Leasing Corporation to Sonic Cable Television of San Luis Obispo; and WHEREAS, Section 5.30.350, Assignment of ownership or control, of the Morro Bay Municipal Code codifying Ordinance No. 277 specifies that a transfer of the franchise cannot be made "[w]ithout the prior written consent of the grantor."; and, that "[S]uch consent by grantor shall not be unreasonably withheld provided, however, the proposed transferee must agree in writing to comply with all provisions of this chapter and establish to the satisfaction of grantor its financial and technical capability."; and WHEREAS, on November 22, 1994 the City's Franchise Advisory Board reviewed the request assignment and indicated no reason exists to deny it, provided the requestor is capable of demonstrating financial capacity to perform the obligations cited in the franchise agreement and the cable television ordinance; and WHEREAS, on October 27, 1994 Sonic Communications submitted to the City Administrator FCC Form 394 which form includes consolidated financial statements of Sonic Communications and subsidiaries; and • RESOLUTION No. 111-94 NGVEMBER 28, 1994 PAGE 2 WHEREAS, in the absence of the City Finance Director the City Administrator and Public Works Directors have examined said financial statements and render the opinion that Sonic Communications presents a financial position satisfactory to the City in this regard; and WHEREAS, Sonic Communications represents in their October 24, 1994 letter that this assignment will "... be invisible to the subscriber and will not effect[sic] in any manner the legally allowable rates.", and that the transfer is only a change in legal title and assets. NOW, THEREFORE, BE IT RESOLVED the City Council of Morro Bay, California does hereby find the above recitals to be true and accurate statements of fact, and therefore herewith grants its consent to the transfer of a non-exclusive cable television franchise and agreement dated February 27, 1986 from Sonic Cable Leasing Corporation to Sonic Cable Television of San Luis Obispo. BE IT FURTHER RESOLVED that said transfer of the non-exclusive franchise shall become effective upon the City of Morro Bay's receipt and City Attorney's approval of duly - executed assignment and assumption franchise transfer documents filed by Sonic Cable Leasing Corporation and Sonic Cable Television of San Luis Obispo. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular . meeting thereof held on the 28th day of November 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: a BRIDGET AVIS, City Clerk LC:C:LYNN:I t 1-94 • • RESOLUTION NO. 110-94 APPROVAL OF AN INTERIM ONE YEAR LEASE WITH WILHELM AND TINA HOPPE FOR A PORTION OF LEASE SITE 93-95/93W-95W THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 93-95/93W-95W, and, WHEREAS, James and Margie George have been the lessees of said property; and, WHEREAS, Tina and Wilhelm Hoppe have been sublessees of a portion of said property operating as Hoppe's 901 Restaurant; and, WHEREAS, James and Margie George filed for Chapter 11 Bankruptcy but failed to assume the lease for said property; and, WHEREAS, there currently exists no lease contract for use of said property; and, WHEREAS, the City of Morro Bay and Tina and Wilhem Hoppe desire to continue the Hoppes • occupancy and business operations on a portion of said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that an interim on year lease for a portion of Lease Site 93-95/93 W-95W is hereby approved subject to approval by the Bankruptcy Court, if required. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of November, 1994, by the following vote: AYES: Crotzer, Luna, Unger, Yates NOES: None ABSENT: Mullen BRIDGETT AVIS, CITY CLERK • City of Morro Bay 595 Harbor St • Morro Bay, CA 934424900 • 805-772-1214 James F. George Margie R, George 6900 Santa Lucia Road Atascadero, CA 93422 September 29,1994 Michael W. Stelzer; Esq. 722 Marsh Street, Box 176 San Luis Obispo, CA 93401 lure: Morro Bay Lease Sites at 90I-905 Ernbarcadero Dear Mr. and Mrs. George and Mr. Stelzer. This letter is to inform you that because you have failed to act to assume the Morro Bay Lease Sites at 901-W5 Emharrudery within the time prescribed by the United Stares Ban1Quptcy Code, the City of Morro Bay Hereby demands that you immediately surrender the property to the City of Morm Bay. This demand is being • made pursuant to 11 US.C. § 365(d)(4). Commencing October 1,19949 you, as well as your forma subtenants (whom we ate contacting concurrently with this communication), are to tender all lease payments directly to the City of Motor Bay. Your lease of the premises housing "Old West Cinnamon, Rolls" will, commencing October 1,1994, be a month -to -month tenancy pending further action by the City. The City may be willing to negotiate a longer term lease agreement with you for those premises only. a.. • ._ If you would like to discuss this, or any other matter relating to the leases, further, please have your attorney contact David Hunt, the City Attorney, at your earliest convenience. Sincerely. City of Morro Bay David Howell Interim City Administrator cc: Santa Lucia Bank • Marcy J. IC immy, United States Trustee CITY HALL FIRE DEPARTMENT PUBLIC WORKS 595 Harbor Sheet 715 Harbor Street 695 Harbor Street - - HARBOR DEPARTMENT POLICE DEPARTMENT RECREATION AND PARKS n_.. nt- I inns Konnnrio Wan City of Morro Bav October 14, 1994 William and Tina Hoppe Hoppe's @ 901 901 Embarcadero Morro Bay CA 93442 RE: LEASE SITE 93-95/93W-95W Due to the George's failure to assume the previous lease agent dated July 1, 1987 for Lease Site 93-95/93W-95W we have no formal agreement for your continuing use of the Hoppe's restaurant space. Enclosed is a draft one year lease agreement that. if approved by the City Council, would commence retroactively to October 1, 1994. • We request that you execute and return the draft lease to our office by October 26, 1994. The proposed interim lease agreement is tentatively scheduled for City Council consideration, at the November 14, 1994 Council meeting. Please call me as soon as possible if you have questions or comments about the draft lease agreement. We are currently holding your check #5063 for $1400.00 and.check #5064 for $1926.95. Check #5063 will be credited to your first month's rent under the new lease agreement after City Council approval. We will continue to hold check 45064 until certain accounting and lease issues are resolved with the George's and will notify of the outcome of these resolutions prior to the City taking action to process check #5064. A -- AA- -Rick Algert Harbor Director RAM cc: City Administrator City Attorney C. Randall Cook • FINANCE 595 Harbor Street ADMINISTRATION 595 Harbor Street FIRE DEPARTMENT 715 Harbor Street HARBOR DEPARTMENT COMMUNITYDEVELOPMENT POLICE OICEDvTMET BaBoulevard PUBLIC WORKS 695 Harbor Sheet RECREATION AND PARKS 1001 Kennedy Way • Article l FIXED TERM Section 1 01 Term Section 102 No Extenvnns Section 103 Hold Ovcr _.._... _..___ __.... _ Article 2 RENT ..... ...... _.... __....._. ___. __. ._. _.. Section 2.01 Mininmm Rent ........... ' Section 2.02 Percentage Rental _. _ ....... ' Section 2.03 Penalty and ImcresL__ ............... _.... ... : Article 3 USE OF PREMISES _.... ..._._ _... __. _.. _.__..._� Section 3.01 Permitted Use ..... ..... _ Section 3.02 Unauthonzed Use....... __.._ _.... _.. _... _.. _......; Section 303 Operation of Business - Hours of Oncr mop ... _.. .... _.. _.... Section 3.04 Competition .............. _...__ _.. _.. ._.... _._.._ _.__.... Section 3.05 Tidelands Trust........_ ___. _.__. .....__. _..... _.___..f Section 306 Compliance with Lan' _..._I I_.. _... - Section 3.07 Waste or Nuisance.._ _. _. _.. - ___ __...... Article 4 CONSTRUCTION, ALTERATION AND REP -\IRS._ _.. ...... .. .._... _......... !7 Section 4.01 Construction Approval .......... _.. _. _..._. ..� .___.. _.G Section4.03 Mechanics'Licns _..... ..... ........ .. Section 4.04 Ownership of lmmovenients ....__ _.__ _..... ..... ..__.._..- Article 5 HYPOTHECATION OF LEASE ____. _.. _. ___...... __.. _. ...........__- Article 6 REPAIRS. MAINTENANCE AND RESIOPLA ION'__._. - Section 6.01 Maintenance by TENANT .........._. _.. _..... ...._ _. - Section6.02 Maintenance by CITY Section 6.03 Regutremcnts of Governmental Aeennes _.___ __..... _........... _. _._..s Section 6.04 Failure to Repair._ ..... ................ .__. _. _. _.... ....._. ..... _.__.. S Section 6.05 Damaec or Destruction to Premises... ......... .. _. _... _. Section 6.06 Inspection by CITY .... ................. ......._ __..... ._....__.. Article 7 INDEMNITY AND INSURANCE ............. ....__. ._._....... ............ ....... Section 7.01 Indemnity Agreement .............. ..___. __. _. Section 7.02 Liability Insurance ..... ............. ...._.... ..__.... ._. ........__9 Section 7.03 Worker's Compensation . . ............ .....__. __.__. ......_. .............. 10 Section 7.04 Deposit of Insurance with CITY....... .......... ........... . __ .... .. ............... 10 Section7.05 Notice of Cancellation of Insurance.. .... .... __. ._..._.10 Section 7.06 No Subrogation..._..... . __ _._ .................... ......... 10 Article 8 TAXES AND UTILITIES....... ........... _.... . ..__._ __... ......_ ..... ... 10 Section 8.01 TENANT to Pav Taxes ............. ........ _.._... ._..... ._ _............. 10 Section 8.02 TENANT to Pav License and Permit Fees ...- ... __... ........... _............ 10 Section 8,03 Utilities .... . ... .......... ......... .... ..... ............. 10 Article 9 ASSIGNMENT AND SUBLEASING......... ..._.__ .__..... ___. _..............._11 Section9.01 No Assignment Without CITY's Consent.........__ .......... __.. ........_...... It Section 9,02 Transfer of Stock as Assignment...... .....__ _... ... .__.. ...._._._ ll Section 9.03 Application for Assignment.. ....... .._ __.__ _.. _... .._. _.. ......__.... ll Section 9.04 Probate Transfer or Assignment....._ __.__ __... _.. ..............._ 11 Section 9.05 No Sublease Without CITY's Consent __.._ __ _ _ ____ __....._.... 12 Section 9,06 Tcrm of Sublease ....... ................ __.. ___... .__.. ..__.... 12 Section 9.07 Sub -Tenant Subiect to Lease Terms.. .........._... __... __... _...._..__. 12 Section 9.08 Consent Form Agreement ........... _...._..._... ___... ...__.. ___.... 12 Section 9.09 TENANT Remains Liable............. ...._.. .........._..... ............. ......___. 12 Section 9. 10 Exception for Boatslips Merck- __. ......... .......... ........... .._.___. I3 Article lO DEFAULT AND TERMINATION ___. ....._..... .......... ......... ._.__... I Section 10.01 Abandonment by TENANT ....__. ......_. .......... ......._ ........__._I3 Section 10.02 Termination for Breach by TENANT _.__. _................ .................. ............... 13 Section W.03 Termination for Failure to Pav Rent ... ............... .... _. _....._. .........._...._ I3 Section 10.04 Beneficiary May Cure Default...__. _........ ..._._......... .._..... _. .__............. I3 Section 10.05 Almrnev Fees for Breach not Resultin¢ in Court ACUon.__......._ ....... _.,..._... I3 Section l0.06 Damaees for Breach .__. ___ _..___ _......_. _.....__... 14 Section 10.07 Cumulative Remedies ..__. ___.. .._....._.... .......__ _....__... 14 Section 10.08 Waiver of Breach._. __.._ _._... _......... ....__. _...__.... 14 Section 1009 Surrender of Premises __. ._. __. _.__. _. _.._ _... _.. 14 Article I MISCELLANEOUS _...._ 14 Section iL01 Attorneys Fees .... ... ..__ _.. _ __ __.... _. 14 Section 1L02 Notices ..... _.... ...... ..... __... .. _. _._. __..... __... __... _. 14 Section 11.03 Governing Lew _._. _._.__ _..__._ ._.... ..... ......... I� Section 1 L04 Binding on Heirs and Successors.... ... _._.... ..... _......._ I S Section 11,05 Partial Invalidity ..... ..... ...... .. ... _.. _. __._.... ........._. Ii Section 11,06 Sole and OnR, Agreement 15 Section IL07 Modification._. 15 Section ILOS Time of Essence...... __._.. ...__.. ....._....... _.... _. _._ ____... 16 Section IL09 Memorandum of Lease for Retarding ___... ......_.._ __.... _.____ 16 Section l L 10 Termination for Nuclear Disaster.. _...._ _._. _._._ ____. 16 LEASE THIS LEASE is made and entered into by and between the CITY OF MORRO BA1'. a municipal corporation of the State of California herein called CITY, and Whilhelm and Tina Hoppe, currently doing business as Hoppe's at 901, herein called TENANT. • WITNESSETx WHEREAS. the State of California aranted certain tide and submerged lands located within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being Chapter f076. Statutes of 1947. as amended by Chapter 413, Statutes of 1955, Chapter I874_ Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes may be amended from time to time by the Legislature of the State of California. all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto, and WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY of Morro Bay, Lessor herein. succeeded to all of the right. title and interest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts, and WHEREAS, judgment has been entered on October 14, 1968, in the case of CITY of Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, u30417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above, passed automatically to the CITY of Morro Bay upon the date of its incorporation as a CITY on the 17th day of July, 1964, and WHEREAS, TENANT accepts the within lease with full knowledge that there is no warranty of title in and to the within described premises by CITY to TENANT, and WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for the accommodation of those using Morro Bay Harbor, CITY leases to TENANT the within described property upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants to be performed and the rental to be paid by TENANT to CITY, CITY leases to TENANT, and TENANT leases from CITY, the premises herein called "said premises" in the CITY of Morro Bay, County of San Luis Obispo. State of California, described as follows- That portion of Lease Site 93-95/93W-95W delineated as Space I outlined in yellow on the attached Site Map labeled as Exhibit A consisting of -2370 square feet. Exhibit A shall be made a part hereof by this reference. An overview of this property is delineated on Parcel Map of the CITY of Morro Bay \"o. 68-30, which map was recorded on October 10, 1968, in Book 3, Pa,e 10 of Parcel Maps in the Office of the County Recorder. San Luis Obispo County, California. Article I FIXED TERM Section 1 01 Term The term of the lease shall be a period of one 11) year, commencing October 1, 1994 and terminating without notice on September 30, 1995, unless sooner terminated as herein provided. 0 Section 1 02 No Extensions The tern of this lease shall not be extended nor shall this lease he renewed- Requests tier continued use of the premises shall he treated as an application tot a new lease and shall require appropriate application to the CITY wilt air required supppring information and documents_ CITY Council approval and the execution of a new CITY lease. cenminmg the then most current terms, covenants, conditions and rent schedules. Section 1 03 Fold Over Should TENANT hold the demised premises after the expiration of the term of this lease with the consent of the CITY, express or implied, such holding over (in the absence of a written agreement between CLIY and TENANT with respect thereto) shall be deemed to create a tenancy from month to month, terminable on thirty (30) days written notice from either partv to the other and otherwise subject to each and every term.. covenant and condition of this lease. TENANT shall indemnify and hold CITY harmless from any and all loss or liability_ including, but not limited to, claims of succeeding TENANT'S, resulting from TENANT'S failure to surrender possession of the demised premises upon termination of this lease during, at the end. or after expiration of the term hereof Article 2 RENT Section 2.01 Minimum Rent . TENANT agrees to pay to CITY in addition to the additional sums specified herein below. a minimum monthly rental for the use and occupancy of said premises of S Two Thousand Five Hundred dollars (52,500.00) per month payable on the first day of each month during the Lease term. Said rental shall be paid in lawful money of the United States of America, without offset or deduction and shall be paid to CITY on or before the first day of each month at the Harbor Office located at 1275 Embarcadero. Morro Bay; California, or at such other place or places CITY tray from time to time designate by written notice delivered to TENANT. Section 2.02 Percentage Rental A_ In addition to the minimum monthly 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 five percent (5%) of TENANT'S gross sales,. less the amount of the monthly rental paid pursuant to Section 2.01 herein above. B. The term 'gross 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 tilled elsewhere; and the Eros's 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 2.02 A. of this lease, the term "gross sales" shall not include the following items, and such items may be deducted from "gross sales" to .he extent They haN-e been induced therein or have been mciuded in a prior computation of "gross, sales' or for hvhich a percentage rental has been paid trader this (case to CITY. (1) Credits and refunds made to customers for merchandise returned or exchanged. (2) Anv sales or excise taxes otherwise includable in 'eross sales" is defined in this article because a part of the total selling price of merchandise or senrces renderee m, 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. _. Anv discount fees paid by TENANT to financial institutions for the use of that institutions credit card service_ D_ TENANT shall keep or cause to be kept mil, complete_ and accurate records_ and books of account in accordance with accepted accounting practices snowing the total amount or 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. TESA�NT 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 tanes, 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 or* Equalization or other state agency with which sales tax information is filed. E. Within twenty (20) days of the end of each month during the Lease term 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 operating in. on or from said premises for the previous month 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 anv 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 fall cost and expense of said audit, should the audit disclose that the questioned Statement or statements understated gross sales by five percent (so'.) 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 eross sales• rent due pursuant to this lease on such unreported amounts. F. CVlY shall be entitled at anv time within five years aver the receipt of any such additional rental payment, to question the sufficiency of the amount thereof and/or the accuracv of the statement or statements furnished by TENANT to justify the same- For the purpose of enabling CITY to check the accuracy of anv 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, includins sales tax returns, all cash register tapes and other data which in anv wav bear upon or are required to establish in detail TEN -ANTS gross sales of merchandise and services and any authorized deductions therefrom as shown by anv such statements and shall upoc request make the same available to CITY for examination. Section 2.03 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 pav 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 pav interest at the rate of one percent (14G) per month or fraction thereof or the maximum amount permitted by lacy 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 CITY_ Article 3 USE OF PREMISES • Section 3.01 Permitted Use Said premises shall, during the term of this lease, be used for the purpose of operating and conducting thereon and therein the following, table service restaurant including sales of alcoholic beveraees and for uses normally incident to and directly allied to such purpose and for no other purpose. Section 3.02 Unauthorized Use TENANT agrees to allow only those uses authorized in Section 3.01 herein above and that any unauthorized use thereof shall constitute a breach of this agreement and shall, at the option of CITY terminate this lease. In the event said premises are used for uses other than those specifically authorized herein, then in addition to all other remedies allowed by law or authorized elsewhere in this lease, CITY shall be entitled to receive from TENANT and TENANT shall be required to pay to CITY an additional rent calculated as a percentage of the "gross sales" as defined herein, accountable to such unauthorized use, which is equal to twice what such percentage would have been had such use been authorized in advance. Said additional rent shall be retroactive to the commencement of such unauthorized use and shall continue until tite unauthorized use is abated. The parties agree and understand that the collection and acceptance by CITY of this additional rental, shall not.. in any way be deemed a waiver nor estoppel of CITY'S right to require abatement of the unauthorized use or at CITY'S option to pursue any other remedies available at law or equity. • to the event the parties cannot agree on whether a use is authorized by this lease, the parties shall appoint a three member committee whose determination of that issue shall be final. Each party shall appoint one member and those two members shall appoint the third. Section 3 03 Operation of Business - Hours of Operation Failure to actively and diligently conduct the business authorized herein, constitutes a breach of the agreement and shall. at the option of CITY terminate this lease_ A. TENANT shall during the term of this lease conduct business of the nature specified in Section 3.01 of this lease on said premises in an efficient and diligent manner and keep said premises open for the conduct cf business continuously and without intermotion for at least four hours each day of the year except one day each week and legal holidays_ phis provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down for a period not to exceed 14 calendar days in any calendar year to make necessary minor or maioi repairs, maintenance or other construction deemed necessary by TENANT. Further this provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down as authorized or required by the CITY administrator or on account of strikes, walkouts, or causes beyond the control of TENANT or for not over three (3) days out of respect to the memory of an officer. employee, or close relative of any officer or employee of TENANT. B. TENANT shall operate TENANT'S business on said premises with due diligence and efficiency and in like manner as comparable businesses in CITY or coastal area are operated_ so as to produce all of the gross sales and gross receipts from services which may be produced from TENANT'S business; and TENANT at all times shall carry on said premises; a stock or merchandise of such size, character, and quality as is reasonable, designed to produce the maximum return to TENANT, when sales of goods and merchandise are a permitted purpose of this lease_ Section 3.04 Competition During the term of this lease, TENANT shall not directly nor indirectly engage in any similar or competing business within a radius of five (5) miles from the location of said premises, provided, however, that TENANT may, with prior written approval from CITY, own or operate more titan one business, whether or not competing and similar along the Embarcadero upon CITY lease sites. The purpose of this section is to prevent and prohibit TENANT from reducing revenue to CITY by diverting business from his lease site operation to another similar business owned by TENANT within the CITY but not upon a CITY lease site from which CITY is paid rent based on gross sales. Section 3 05 Tidelands Trust TENANT shall use and occupy said premises in complete compliance with the Tidelands Trust purposes under which said premises or any portion thereof are held by CITY pursuant to the erants from the State of California as set forth heremabove. Section 3.06 Compliance with Law TENANT shall, at his sole cost and expense, comply with all of the requirements of all local. municipal, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises all local.. municipal and county ordinances and state and federal statutes, rules and regulations now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the admission of TENANT in any action or proceeding against TENANT, whether CITY be a party thereto or not, that TENANT has violated any such ordinance, statute, rule or regulation in the use of the premises shall be conclusive of that fact as between CITY and TENANT. Section J.07 AVaste or Ntusancc TENANT shall not commit or permit the commission by others of anv waste on said premises, TENANT shall not maintain. commit, or permit the maintenance or commission of anv nuisance as defined by law on said premises and TENANT shall not use or permit the use of said premises for any unlawful purpose_ .article 4 CONSTRUCTION, ALTERATION AND REPAIRS Section 4 0t Construction Approval TENANT shall not make or permit any other person to make any alterations or structural additions or structural modifications to said premises or to any structure thereon or facility appurtenant thereto if the cost thereof shall exceed five thousand (S5.000) dollars. without the written consent of CITY first had and obtained as follows Prior to the commencement of any phase of future construction. TENANT shall submit to the Morro Bay Planning Department for approval and recommendation to the CITY Council, a development and improvement plan for the said premises which shall provide for the full and complete development of the said premises, showing all facilities, structures_ landscaping or other improvements to be constructed or installed on each portion of the said premises or facilities appurtenant thereto, and shall include a detailed estimate of the cost of construction. and installation of such improvements and a detailed schedule showing the proposed commencement and completion date of each phase of the development and improvement. Where required by the Morro Bay Municipal Code, California Coastal Act, Corps of Engineers or any other agency having authority over the proposed project, Conditional Use • Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any other required plans or permits shall be applied for and/or approved prior to any construction.. alteration or repairs. Section 4.02 Construction Bond Prior to the commencement of any construction the cost of which is greater than the amount of $10,000, TENANT shall file with the Morro Bay CITY Clerk a final detailed Civil Engineer's, Registered Architect's or Licensed and Bonded General Contractor's estimate of the cost of construction andinstallation of improvements on the said premises. Said estimate must be submitted to the CITY Engineer for approval TENANT shall file with the Morro Bay CITY Clerk a faithful performance bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to One Hundred percent (i00%) of the final detailed cost estimate, securing the faithful performance of TENANT or his contractor in the completion of said construction. TENANT shall also file with the Morro Bay CITY Clerk a labor and materials bond. in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to fifty percent (50%) of the final detailed cost estimate, securing the payment of all claims for the performance of labor or services on, or the turnishing of materials for, the performance of said construction. In lieu of the above referenced bonds. TENANT may post cash deposits or may make other mutually satisfactory arrangements to guarantee the completion of construction projects- in the event the contractor bonds the project he may name CITY as additional indemnitee to comply with these requirements. Section 4.03 Mechanics' Liens At all times during the term of this lease, TENANT shall keep said premises and all buildings and improvements now or hereafter located on said premises tree and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to said premises. TENANT lurtlier agrees mat all times_ save CITY flee and harmless and indemnifv it against all claims for labor or materials in connection with anv improvement_ repairs_ or alterations on the said premises. and die cost of defending against such claims, including reasonable attornev's fees. Should TENANT fail to pay and discharge or cause said premises to be released from such liens or claim of liens within ten (10) days after the tiling of such lien or levy. TENANT shall upon written notification be required to immediately deposit with CITY a bond conditioned for payment in full of all claims on which said lien or levy has been filed. Such bond shall be acknowledged by TENANT as principal and by a company or corporation, licensed by the Insurance Commissioner of the State of California to transact the business of a fidelity and surer insurance company as surety. The beneficiary of any security instrument which instrument is on record with CITY, shall have the right to file such a bond on behalf of TENANT. Section 4.04 Ownership of Improvements The parties agree that at the termination of this tease, however occurrin_ TENANT shall have five (5) days thereafter to remove all fixtures, equipment. facilities. installations. improvements and other property belonging to TENANT from the said premises. The parties further agree that CITY also has the option and right to require TENANT to remove all fixtures, equipment, installations, improvements of any kind or other property belonging to or placed upon the said premises by TENANT at the termination of this lease. however occurring, providing CITY gives notice, in writing, no later than 30 days prior to the termination of the lease, of its decision to require that such improvements be removed. If CITY exercises such option and TENANT fails to remove such fixtures, equipment, installations or improvements within five (5) days after the termination of this lease, CITY shall have the right to have such fixtures, equipment., installations or improvements removed at the expense of. TENANT. If neither TENANT nor CITY exercise its option to remove or require the removal of as the case may be the fixtures, equipment, improvements and installations, then title to such fixtures, equipment, installations, and improvements shall vest in CITY and TENANT shall not remove same. Article,-) HYPOTHECATION OF LEASE CITY shall not be responsible for notifying any lien or security interest holder in the property of any default in the performance of the lease by TENANT unless the lien or security interest holder shall have previously registered with and notified CITY of such lien or security interest and filed with the City Clerk a copy of same Article6 REPAIRS,,MAINTENANCE AND RESTORATION Section o.Ol \Maintenance by TE\ANT At all times during the term of this lease, TENANT shall, at TENANT'S own cost and expense, keep and maintain the interior of said premises and all wiring, fixtures, equipment" plumbing and improvements now or hereafter on said premises in good order and repair and in a safe and clean condition. Furthermore. TENANT shall, at TENANT'S own cost and expense. maintain at all times during the term of this lease the whole of said premises as well as keeping clean and swept any sidewalks, improvements, landscaping, or facilities within fifteen feet (15') of said premises. TENANT shalt be responsible for servicing and maintaining the off site grease trap in a clean, sanitary, neat_ tidv, orderly and attractive condition. CITY may, at the sole option of CITY, clean and clear said premises, at TEN kNT'S cost and expense, in the event TENANT fails to clean and clear said premises in accordance with this V Section to the satisfaction of CITY after fifteen ( 15) days Written notice to TENANT from CITY of CITY's intent to exercise this option. Section 6.02 Maintenance by CITY CITY shall maintain the exterior of all buildinns includine roofs in good order and repair. CITY shall maintain the public testrooms oa the site in a clean and cell -stocked conditions CITY shall also maintain the site revetment and dock. Section 6.03 Reauirements of Governmental Auencies At all times during the term of this lease. TENANT. at TENANT'S own cost and expense. shall: (1) Make all alterations, additions, or repairs to said premises or the improvements or facilities on said premises required by anv valid law, ordinance, statute, order, or regulation now or hereafter made or issued by anv federal. state, county, CITY or other governmental agency or entity; (2) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or hereafter made or issued respecting said premises or the improvements or facilities located thereon; (3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law prior to the instigation of any repair or maintenance activity. (4) Indemnify and hold CITY and the property of CITY. including said premises; free and harmless from any and all liability, loss, damages, fines, penalties, claims and actions resulting isfrom TENANT'S failure to comply with and perform the requirements of this section. Section 6.04 Failure to Repair In the event failure to repair results in a hazardous or unsafe condition, CITY shall have the right and option but not the obligation to close and prohibit access to the unsafe portion of the said premises until such repairs are completed and accomplished and the premises rendered safe for public use Failure by CITY to enforce any of the provisions of this Article shall not constitute a waiver of these provisions and CITY may at any time enforce all of the provisions of this Article, requiring all necessary repairs, rebuilding or replacement. Section 6.05 Damaae or Destruction to Premises Should, at any time during the term of this lease, any buildings or improvements now or hereafter on said premises be destroyed in whole or in part by fire, theft.. the elements, or am other cause not the fault of CITY, this lease shall continue in full force and effect TENANT shall pay rent whether the premises are fully usable or not, except in the case where the damage or destruction to the premises , at the sole judgment and discretion of the CITY. is in excess of 50% of the usable area of the premises then CITY may choose to terminate this lease on thirty (30) days written notice to TENANT. Section 6.06 Inspection by CITY TENANT shall permit CITY or CITY's agents. representatives. or emplovees to enter said premises at all reasonable times for the purpose of inspecting said premises to determine whether TENANT is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect CITY's interest in said premises under this lease or to perform CITY's duties under this lease_ Article 7 INDEMNITYAND INSURANCE Section 7.01 indemnity Agreement • TENANT shall indemnify and hold Cl"IY and the property of CITY, including said premises and any buildings or improvements now or hereafter on said premises, fret and harmless from anv and all liability, claims, loss, damages, or expenses resulting from TENANT'S occupation and use of said premises, specifically including, without limitation, any liability, claim. loss, damage, or expense arising by reason of (1) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENAN"r or by any person who is an employee or agent of TENANT, from any cause whatever while such person or property is in or on said premises or in any way connected with said premises or with any of the improvements or personal property on said premises, (2) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENANT or any person who is an employee or agent of TENANT. caused or allegedly caused by either (a) the condition of said premises or some building or improvement on said premises; or (b) some act or omission on said premises of TENANT or any person in, on, or about said premises with or without the permission and consent of TENANT, (3) Any work performed on said premises or materials furnished to said premises at the instance or request of TENANT or any person or entity acting for or on behalf of TENANT. (4) TENANT'S failure to perform any provision of this lease or to comply with any requirement of law or any requirement imposed on TENANT or said premises by any dul� authorized governmental agency or political subdivision. Section 7.02 Liability Insurance TENANT shall at TENANT'S own cost and expense, secure promptly after the execution of this lease and maintain during the entire term of this lease a broad form comprehensive coverage policy or policies of comprehensive general public liability, TENANT'S business automobile coverage and property damage insurance, each with the combined single limit of not less than S1,000,000.00 issued by an insurance company acceptable to CITY and authorized to issue liability insurance in California, and which shall list CITY as the named primary additional insured, without offset to CITY's policies as respects all operations of TENANT. Any deductibles or self -insured retentions must be declared to and approved by CITY. The terms of said policies may be for such period as shall be designated by TENANT; provided however, that within two (2) months prior to the expiration date of such insurance terms, TENANT shall procure other policies of said insurance so that between the execution of this lease and the commencement of the lease term, and throughout the entire lease term or any renewal thereof, or until the sooner termination hereof, CITY, its officials, employees, agents and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance, in accordance with the foregoing. CITY may at any time require TENANT to increase the minimum coverage limits ror insurance required by this lease, but every such increase shall be reasonable under the circumstances and in no event shall such increases more than double in any ten year period, excel* as required in Section 7.04. Section 7 0, Worker Compensation TENANT shall maintain at TENANT'S own expense and keen in full force and effect during the term of this lease, Workers Compensation Insurance as provided by law. Said insurance shall contain a waiver provision of subrogation tights a«amst CITY. Section 7.O4 Denosit of insurance with CITS TENANT shall within ten (l0) days after the execution DC rills lease and promptic thereafter when any such policy is replaced_ rewritten, or renewed deliver to CITY a true and correct copy of an insurance binder and within 45 days deliver to CITY a true and correct copy of each insurance policy required by this Article of this icase and an endorsement to the policy and a certificate executed by the insurance companv or companies or their authorized agent evidencing such policy or policies. Section 7.05 Notice of Cancellation of Insurance Each insurance policy required by this Article of this lease shall contain a provision that it cannot be canceled for any reason nor can the coverage or limits be reduced unless ten (10) dags prior written notice of the cancellation or reduction is liven to CITY in the manner required by' this lease for service of notices on CITY by TENANT_ Section 7.06 No Subrogation Each insurance policy required under this lease including those insuring TENANT against • claims; expense, or liability for injury to persons or property shall provide that the insurer shall not acquire by subrogation any right to recovery which TENANT has expressly waived in writing prior to the occurrence of the loss. TENANT hereby waives any right of recovery against CITY for each such claim, expense, liability, or business interruption_ TENANT agrees that if TENANT fails to acquire such insurance TENANT shall not have a claim against CITY for loss of fixtures or inventory or business interruption. 0 Article 8 TAXES AND LTILITIES Section 8.01 TENANT to Pay Taxes CITY shalt pay for and maintain the public restroom on the site and shall pay for common area utility charges including area lighting and garbage dumpster fees. TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed to TENANT on the said premises by reason of said lease or of any equipment, appliances, improvement. or other development of any nature whatsoever. erected, installed. or maintained by TENANT or by reason of the business or other activity of TENANT upon or in connection with said premises_ TENANT shall pay ail possessory interest taxes applicable to the said premises Section8.02 TENANT to Pay License and Permit Fees TENANT shall pay any fees imposed by law for licenses or permits for any business or activities including construction of TENANT upon the said premises_ Section 8 03 Utilities TENANT shall pay, or cause to be paid, and hold CITY and the property of CITY including said premises tree and harmless from all charges Con the furnishing of gas, water. electricity, telephone service, and for other public utilities to said premises during the term of this '.case_ CITY shall orocide :rash service for nne iumpstcr on the site and CI IY may require TENANT to pay for one additionai dumostcr for I EN'AN I"s soie use if CITY determines such additional service in necessary and if CITV can provide a suitable location for the additional dumpster. Article 9 ASSIGNMENT AND SUBLEASING Section 9 0 t No Assignment Without CITY's Consent Except as provided in Section 9 02 of this lease. TENANT shall not assign or otherwise transfer this lease, any right or interest in this lease. or any right or interest in said premises or any of the improvements that may now or hereafter be constructed or installed on said premises without the express written consent of CITY evidenced by resolution first had and obtained. Any assignment or transfer by TENANT without the prior written consent of CITY, whether it be voluntary, or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this lease. A consent by CITY to one assignment shall not be deemed to be a consent to any subsequent assignment of this lease by TENANT. CITY shall not unreasonably nor arbitrarily withhold it's approval to the assignment or transfer of this lease to an assignee who is financially reliable and qualified to conduct the business for which this lease was ¢ranted. It is mutually agreed that the personal qualifications of the person named herein as TENANT is a part of the consideration for granting of this lease and said party does hereby agree to maintain active control and supervision of the operation conducted on said premises. Section 9.02 Transfer of Stock as Assignment Should TENANT be a corporation, an unincorporated association. or a partnership, or should TENANT'S interest in this lease be assigned to a corporation, an unincorporate association, or a partnership, pursuant to Section 9.01 of this lease, any transfer or assignment of any stock or interest in the corporation totaling in the aggregate more than forty (40) percent of all such stock or interest in the corporation shall be considered an assignment of this lease requiring the prior written consent to CITY; provided, however.. that a transfer from TENANT to a corporation of which TENANT owns 100% of the shares and any transfer of shares to a shareholder's spouse, children, or grandchildren caused by the shareholder's death shall be excepted from this provision. Section 9 03 Application for Assignment A condition of an assignment shall be TENANT shall file with the CITY an application to assign the leasehold prepared by the prospective assignee. Concurrently with filing the application, TENANT shall pay a fee in cash or certified or cashier's check to enable CITY adequately to investigate the proposed assignees qualifications as a permitted assignee_ CITY shall not be required to account for the use of the sum paid- If the proposed assignee's net worth on the date of assignment is not sufficient to reasonably guarantee successful operation of the said premises, CITY may require TENANT to guarantee such assignee's obligations hereunder for such period as CITY deems advisable. Net worth shall mean the amount by which the total of all assets shall exceed the total of all liabilities as determined in accordance with general accepted accounting principles as approved by CITY's auditor, or other authorized representative or agent Section 9.04 Probate Transfer or :assignment 9 Nothing herein contained will prevent the transfer of .his lease by will, or by operation of law under the intestacy provisions of the California Code as it may from time to time be amended. 1'- Probate sale of the icasehold interest will not be permiued v.mncut the consent of the CITY. evidenced by resolution- first had and obtained_ Section 9.05 No Sublease Without CITY's Consent TENANT shall not sub -lease the whole nor any part of the said premises, or suffer env other person (the agents and employees of I EN,YN"T excepted) to occupy or use the said premises, or any portion thereof without the written consent of CITY evidenced by resolution first had and obtained. A consent to one subletting, occupation, or use by another person shall not be deemed to be a consent to any -subsequent subletting, occupation. or use by another person. Any such subletting without CITY's written consent shall be void. and shall at CITY's option, terminate this lease. City shall not unreasonably nor arbitrarily withhold its consent to one who is qualified and financially reliable. Section 9.06 Term of Sublease In no event shall the term of any sub -lease extend beyond the term of this master lease. Termination of this lease prior to the expiration of this lease term shall also terminate any and all sub -leases, provided, however, that CITY may, at CITY's option by mailing written notice to a sub -tenant, allow any sub -tenant to attorn to CITY and continue his or her occupancy on said premises as a TENANT of CITY. Section 9.07 Sub -Tenant Subiect to Lease Terms • Any and all subleases shall be expressly made subject to all the terms, covenants, and conditions of this lease. .A breach of the terms of this lease by a sub -tenant or sub -lessee shall constitute a breach on the part of TENANT and shall subject both the sub -tenant and TENANT to all the remedies provided to CITY herein and by law. Failure to report and pay the agreed percentage of gross sates as provided herein by any sub -tenant shall constitute a breach of this lease. TENANT hereby agrees to and does guarantee payment of such percentage rentals due by a sub -tenant under the terms of this lease. Section 9.08 Consent Form Agreement Prior to any consent by CITY to any sub -lease hereof, TENANTshall cause to be executed between TENANT and any sub -lessee an agreement making the CITY of Morro Bay a third party beneficiary, in a form acceptable to CITY, whereby the sub -lessee agrees to be bound by all of the terms, covenants and conditions of this lease. Further, it is agreed by TENANT that any default by the sub -lessee of any of the terms, covenants and conditions of the master lease shall be deemed to be violations by TENANT of the master lease and that all remedies of CITY for such violation. including termination of the master lease, shall immediately be enforceable by CITY against TENANT. Further, it is agreed that TENANT must apply any and all moneys received from any sub -tenant first to the payment of obligations of the sub -TENANT to CITY. Section 9.09 TENANT Remains Liable Prior to approval by CITY to any sub -lease hereof. TENANT shall agree to be primarily and jointly and severally liable to CITY for all obligations due CITY by any sub -lessee, including the payment of rents, and TENANT shall agree that CITY may proceed directly against TENANT for any obligation owing CITY by the sub -lessee. Section 1) 10 Exccotion for Boatslips. Hotels Notwithstanding any provisions herein to the contrary. the terms "assignment." "sublettinu," "occupation," or 'use,'' shall not be constwed or interpreted to mean or include the temporary, short term renting or leasing of boat slips, motel. hotel, or apartment accommodations • on the premises. Article 10 DEFAULT AND TERNIINATION Section 10.01 Abandonment by I ENANT Should TENANT breach this lease and abandon said premises prior to the natural expiration of the term of this lease. CITY may continue this lease in effect by not terminating TENANT'S right to possession of said premises. in which event CITY shall be entitled to enforce all CITY's rights and remedies under this lease including the right to recover the rent specified in this lease as it becomes due under this lease. Section 10.02 Termination for Breach by TENANT All covenants and agreements contained in this lease are declared to be conditions to this lease and to the term hereby demise to TENANT. Should TENANT default in the performance of any covenant, condition, or agreement contained in this lease and the default not be cured within thirty (30) days after written notice of the default is served on TENANT by CITY, then CITY may terminate this lease immediately, and that in the event of such termination, TENANT shall have no further rights hereunder and TENANT shall thereupon forthwith remove from said premises and shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the said premises subject to appropriate legal process. J Section 10.03 Termination for Failure to Pay Rent If any default be made in the payment of rental as herein provided and such default shall not be cured within three (3) days after written notice thereof, CITY shall have the option to immediately terminate this lease, and that in the event of such termination, TENANT shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the said premises subject to appropriate legal process. Section 10.04 Beneficiary ibffav Cure Default CITY shall afford the beneficiary in any security instrument of record with CITY on the demise premises the right to cure any default by TENANT of the covenants, conditions, or agreements hereof, within the period hereinabove mentioned after written notice thereof. which said period shall be computed from the date said notice is mailed by the CITY to said beneficiary, by certified mail. Section 10.05 Attorney Fees for Breach not Resulting in Court Action In the event the CITY finds it necessary to retain an attorney in connection with the default by the TENANT or enforcement of any of the terms, conditions, and covenants of this lease, even though not resulting in an action in court, TENANT shalt pay reasonable attornevs fees as reimbursement to CITY. Non-payment of attorneys' fees by TENANT within (3) days of written notice shall give rise to an independent legal action by CITY to collect same. If CITY i10 successful in such legal action CITY shall also be entitled w attorney fees and costs for the collection action. Section 10.06 Damaaes for Breach Should TENANT default in the performance of anv covenant, condition or agreement contained in this lease and the default be incurable or not be cured within the time period set forth Itereinabove, then CITY may terminate this lease and. (1) Bring an action to recover from TENANT. (a) The worth at the time of award of the unpaid rent .%Nett had been earned at ;i•,e time of termination of the lease. (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the lease until the time of award exceeds the amount of rental loss that TENANT proves could have been reasonably avoided, (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that TENANT proves could be reasonably avoided: and (d) Any other amount necessary to compensate CITY for alt detriment proximatcic caused by TENANT'S failure to perform his obligations under this lease: and (2) Bung an action, in addition to or in lieu of the action described in subparagraph ( I) of this section, to re-enter and regain possession of said premises in the manner provided by the iaws of unlawful detainer of the State of California then in effect. Section 10.07 Cumulative Remedies • The remedies given to CITY in the Article shall not be exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this lease. Section 10.08 Waiver of Breach The waiver by CITY of any breach by TENANT of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by TENANT either of the same or a different provision of this lease. Section 10.09 Surrender of Premises On expiration or sooner termination of this lease, TENANT shall surrender said premises. all improvements in or on said premises, and all facilities in any way, appertaining; to said premises. to CITY in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. Article Il MISCELLANEOUS Section 11.01 Attorneys Fees Should any litigation he commenced between the parties to this tease concerning said premises. this lease, or the rights and duties of either in relation thereto, the party, CITY or TENANT, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation_ to a reasonable sum as and for his attorney fees in such litigation which shall be determined by the court in such litigatiomor in a separate action brought for that purpose Section 11.02 Notices Any and all notice or demands by or from CITY to TENANT, or TENANT to CITY. shall be in writing. "fhev shall be served either personally, or by registered or certified mail Any I, notice or demand to( ITY mas- oc , even to dliv CITY t'1c:n of the CITY .>t Morro Bav, C'1v Hall. Morro Bav, California \nv notice o demand m "TENANT may be given at. Hoppe s at 901 • 901 Embarcadem Morro Bav CA 9344? Such addresses may be changed by written notice by either pam- tc me other party. Section 11.03 Governing Law This lease. and all matters relating to this lease. shall be governed by the laws of the Stare of California in force at the time anv need for interpretation of this lease or anv decision or holding concerning this lease arises. Section 11.04 Binding on heirs and Successors Subject to the provisions herein relating to assignment and subletting each and all of the terms, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the heirs. executors, administrators, successors, and permitted assigns of any and all of the parties hereto, and all of the parties hereto shall bejoimly and severally liable hereunder. Section 11.05 Partial Invalidity Should any provision of this lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding. Section 11.06 Sole and Only Agreement • This instrument constitutes the sole and only agreement between CITY and TENANT respecting said premises, the leasing of said premises to TENANT, or the lease terms herein specified and correctly sets forth the obligation of CITY and TENANT to each other as of its date. Any agreements or representations respecting said premises, their leasing to TENANT by CITY, or any other matter discussed in this lease not expressly set forth in this instrument are null and void. No modification. amendment_ or alteration of this lease shall be valid unless it is in writing and signed by both parties. Section 11.07 Modification This agreement shall not be modified except pursuant to a written agreement executed by the MAYOR and CITY CLERK pursuant to prior CITY Council approval_ Notwithstanding CITY Council approval, no agreement shall become effective until such agreement is in fact executed by the MAYOR and CITY CLERK_ TENANT understands that this agreement may not be modified by oral statements by anv person representing the CITY including the MAYOR and CITY CLERK. TENANT specifically agrees not to rely on oral statements, purported oral waivers, or purposed oral modifications and agrees not to rely upon purported written modifications unless they meet the requirements of this paragraph and are approved in writing pursuant to formal Cite Council action and a subsequent written modification signed by the MAYOR and CITY CLERK. Ll i 0 Section 11 08 Time of Essence Time is expressly declared to be the essence of this lease. Section 11.09 Memorandum of Lease for Recordine Neither party, CITY or TENANT. shall record this lease «irhom the •.vritten consent or the other. However, CITY and TENANT shall, at the request of either at anv time during the term of this lease, execute a memorandum or "short form" of this lease for purposes of, and in a Form suitable for.. being recorded. The memorandum or "short form" of this lease shalt describe the parties, CITY and TENANT, set forth a description of the said oremises, specify the term of this lease, and shall incorporate this lease by reference. Section I I. 10 Termination for Nuclear Disaster This lease map be terminated by TENANT by ten day written notice in the event of a nuclear explosion or leak of substantial nature of the Diablo Nuclear Power Plant or the declaration of war by the United States of America. EXECUTED on _ November 14 , 1994, at San Luis Obispo County, California. CITY OF MORRO BAY TENANT WILLIAM YATES, MAY R WILHELM HOPPE TINA HOPPE ' ATTEST_ `- BRIDGET DAVIS, CITY CLERK 0 RESOLUTION NO. 109-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING EXTENSION OF EXISTING COOPERATIVE AGREEMENT REGARDING THE USE OF MORTGAGE CREDIT CERTIFICATES IN THE CITY OF MORRO BAY AND AUTHORIZING APPLICATION FOR ADDITIONAL MCC AUTHORITY 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 (the "City") and the Housing Authority of the City of San Luis Obispo (the "Housing Authority") have previously entered into a Cooperative Agreement under which the Housing Authority applied for and administered a Mortgage Credit Certificate ("MCC") program to assist first time homebuyers in the City and throughout the County of San Luis Obispo; and WHEREAS, the original MCC allocation has been used up and a new application for MCC allocation is necessary to continue to • provide the benefits of the MCC program to first time homebuyers in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: Section 1. The Cooperative Agreement dated as of September 15, 1993, between the City and the Housing Authority is amended by adding the following new Section 8: This Cooperative Agreement shall continue to be effective between the City and the Housing Authority for so long as the MCC Program continues in effect, unless sooner terminated pursuant to Section 5, and no further amendments shall be required to take account of future allocations of MCC authority to be used by the Housing Authority within the City and other areas of the County. Section 2. The Housing Authority is authorized to make application for present and future MCC authority to the California Debt Limit Allocation Committee on behalf of the City to the extent necessary to maintain the availability of the MCC Program within the City. • . Resolution No. 109-94 Page Two Section 3. The Mayor or City Administrator is authorized and directed to execute and deliver the amended Cooperative Agreement, for and in the name and on behalf of the City. The Mayor or City Administrator is authorized to approve any additions to or changes in the form of the Agreement deemed necessary or advisable, approval of such additions or changes to be conclusively evidenced by the execution by the Mayor or City Administrator of the Cooperative Agreement as so added or changed. The Mayor or City Administrator is further authorized to enter into such additional agreements with the Housing Authority, execute such other documents, or take such other actions as they may deem necessary or appropriate to carry out the purpose and intent of the Cooperative Agreement or to cooperate in the implementation of the MCC Program. Section 4. This resolution shall take effect from and after its adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of November, 1994 on the following vote: • AYES: Crotzer, Luna, Unger, Yates NOES: None ABSENT: Mullen ATTEST: BRIDGET DAVIS, City Clerk • RESOLUTION NO. 108-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF SAN LUIS OBISPO COUNCIL OF GOVERNMENTS RESOLUTION NO. 94-19 (STATE TRANSPORTATION FUNDING SHORTFALL) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in 1990, the Governor and the State Legislature enacted a reform and transportation revenue enhancement package commonly known as the "Transportation Blueprint" to move California into the 21st Century; and WHEREAS, it has become apparent that projected revenues were seriously over -estimated and that the first three years of California's seven year State Transportation Improvement Program (STIP) is unfunded by almost $4.9 billion; and WHEREAS, the California Transportation Commission (CTC) has documented that the funding shortfall is the result of the following: • a) Actual revenue received from doubling the State gas tax has not kept pace with initial estimates due to California's lingering recession; b) The failure of Proposition 156, the second of three $1 billion rail bond measures, in 1992; c) Congress has not appropriated full federal funding as authorized by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); d) The 1994 STIP was front-end loaded scheduling all projects in the first five years, with the revenue to fund these projects to be generated over seven years; e) Significant unanticipated costs were incurred as the result of two devastating earthquakes: the 1989 Loma Prieta in the Bay area, and the January 1994 Northridge in Southern California. WHEREAS, in response to a State Legislative directive, Caltrans has identified and prioritized a list of bridges (overpasses, elevated freeways and other structures) that are in need of seismic strengthening, began retrofitting the initial priority list, and has identified an unfunded list of $2.5 billion in retrofit projects; and • Resolution No. 108-94 Page Two WHEREAS, the State Legislature and the Governor have rejected a temporary fuel tax and sales tax increase, and the electorate in June, 1994 failed to approve Proposition 1A, a $1.1 billion bond measure to fund seismic retrofit; and WHEREAS, the Planning and Conservation League, in response to the failure of the Governor and the Legislature, has drafted and secured an initiative, Proposition 185, the California Transportation Efficiency Act (CALTEA), for consideration by the electorate in November 1994 that would raise approximately $700 million annually through a 4% increase in the sales tax on gasoline for alternative transportation; and WHEREAS, the San Luis Obispo Council of Governments, in consideration of the dire financial projections and the opportunity to significantly increase funding for alternative transportation, endorsed Proposition 185 (CALTEA) in August, 1994; and WHEREAS, the State Legislature and the Governor continue to place a high priority on the seismic retrofit program without a • dedicated source of funding, jeopardizing the funding and timing of other much needed and scheduled highway and bridge projects; and WHEREAS, the California Transportation Commission (CTC), through a cooperative effort, adopted in August, 1994, an Allocation Plan funding seismic retrofit projects as they are ready for construction, and allowing other projects that are ready for construction to go forward based on specified priorities, and supplemented short-term funding from cost savings from other large projects, and short-term borrowing to fund seismic safety projects from anticipated federal funds; and WHEREAS, this continuing priority on seismic retrofit will not only delay presently programmed projects but will also indirectly delay state and local projects as a result of a shifting of Caltrans' staff responsibilities from ongoing scheduled projects to seismic retrofit projects; and WHEREAS, a broad -based coalition of business, finance, labor, government and transportation planning agencies initiated an effort, referred to as the "California Transportation Consensus Project", to develop a proposal to streamline the transportation project delivery process in California, and enhance transportation revenue for consideration by the Legislature in the upcoming legislative cycle; and E . Resolution No. 108-94 Page Three WHEREAS, the Governor has recently created a Blue -Ribbon Committee to consider the recommendations of the Consensus Project and develop a transportation reform and funding package for action by the Legislature. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Citv of Morro Bay. California, as follows: Request the State resolve the matter of seismic retrofit project funding from sources of revenue that will not jeopardize the funding and timing of other, much needed, programmed transportation projects, particularly those which are cooperative projects involving funding from Federal, State, Regional, and local governments, by establishing a dedicated short-term funding for seismic retrofit projects, or by reducing the priority for the seismic retrofit program and returning to a more practical and less disruptive 10- year rather than 3-year program. 2. Request the CTC place a higher priority for funding those projects that are "ready -to -go" to construction that have a high amount of local funding committed to the project, and • assure that non-STIP programs involving local -federal matches will not be delayed due to any direct or indirect consequence of the current State funding shortfall. 3. Review, comment, and support appropriate recommendations in draft legislative bills and the soon -to -be -released California "Transportation Consensus Project" to streamline the transportation project delivery process, and enact adequate and reliable funding necessary to maintain the system and to address the short and long-term transportation needs in California. 4. Request Congress appropriate full funding as authorized by the federal Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of November, 1994 on the following vote: AYES: Crotzer, Luna, Unger, Yates NOES: None ABSENT: Mullen AT EST: • BRIDGET DAVIS, City Clerk 0 RESOLUTION NO. 106-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE DEL MAR PARK MASTER PLAN AND TO THE CONDITIONAL USE PERMIT CONCEPT PLAN THE CITY COUNCIL City of Morro Bay, California CASE NO. CUP 42-88 (CONCEPT PLAN)/ CDP 83-88 WHEREAS, the Recreation and Parks Commission held duly noticed PUBLIC HEARINGS on September 1 st and November 3rd, 1994 to reviewed the proposed amendments , and following its review did recommend to the City Council approval of said amendments; and WHEREAS, The Planning Commission of the City of Morro Bay held a duly noticed PUBLIC HEARING on October 17, 1994 to consider the City initiated amendments to the Del Mar Park Master Plan and Conditional Use Permit Concept Plan; and WHEREAS, following the hearings the Planning Commission did recommend approval of the amendments to the City Council; and WHEREAS, The City Council of the City of Morro Bay on the 14th day of November, 1994, did hold a duly noticed PUBLIC HEARING to consider the proposed amendments; and • WHEREAS, the Environmental Coordinator determined that the project is Categorically Exempt for purposes of the California Environmental Quality Act, and no further documentation is necessary; and WHEREAS, at said PUBLIC HEARING, after considering the recommendations by the Parks and Recreation Commission, 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: The Recreation and Parks Commission has identified a need for additional basketball and roller hockey facilities within the City of Morro Bay, supported by standards available from the National Recreation and Parks Society based on population. 2. There is existing underdeveloped parkland throughout the City. Del Mar Park has the capacity to provide basketball and roller hockey facilities that are lacking within the City. Replacement of the planned racquetball court and two tennis courts is consistent with the goals of the Master Plan to provide neighborhood park facilities appropriate for the community. 4. There is no specific parking requirement for the proposed facilities. However the originally planned uses on a private property would require ten spaces. The elimination of the racquetball court and two tennis courts reduces the demand by six spaces. As many of • the users of the basketball and roller hockey facilities will be children who do not drive vehicles, there will not be a significant increase in the demand for parking at the park as a result of the proposed change in uses. City Council Resolution No. 106-94 • 5. Location of the basketball and roller hockey facilities has been selected at the southern end of the park, away from existing residential uses, to eliminate the potential for noise impacts associated with the uses. 6. The project will not be detrimental to the health, safety, comfort, and general welfare of the persons residing or working in the neighborhood; 7. The project will not be injurious or detrimental to property and improvements in the neighborhood; S. The project will not be injurious or detrimental to the general welfare of the City; and 9. The project is in conformance with the General Plan and the certified Local Coastal Program Land Use Plan (LCP) and Zoning Ordinance. 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 the amendments to the Del Mar Park Master Plan • and the Conditional Use Permit Concept Plan as shown on the attached exhibits. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of November, 1994, by the following vote to wit: AYES: Crotzer, Luna, Unger, Yates NOES: None ABSENT. Mullen BRIDGET AVIS, City Clerk LJ K CONDITIONS OF APPROVAL • CASE NO. CUP 42-88 (Concept PlanKDP 83-88 Modification Revision to Del Mar Park Master Plan A. STANDARD CONDITIONS Permit: This amendment to a Conditional Use Permit (Concept Plan) and Coastal Development Permit is granted for the land described in the application and any attachments thereto, and as shown on Exhibit(s), 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(s), unless otherwise specified herein. 2. Precise Plan Within One Year: Unless the Precise Plan is submitted not later than one (1) year after the approval of this amended Concept Plan, 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 (1) additional year may be granted by the Planning Commission, upon finding 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 Planning Commission. 4. Compliance witil 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. Hold Harmless: The applicant, as a condition of approval, hereby agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. 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. 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. C� J Case No. CUP 42-88/CDP 83-88 1994 Concept Plan Modification Conditions of Approval B. BUILDING & SITE CONDITIONS Precise Plan Approval: Prior to any construction or other activities necessary to implement the revised Del Mar Park Master Plan, a Precise Plan application shall be submitted to the Planning and Building Department, to be reviewed and approved by the Planning Commission: Said application shall include, but is not limited to the following: a. Specific details identifying the dimensions of the new facilities, b. Any proposed lighting facilities, C. Proposed landscape buffering between the new uses and the future tennis courts. Species selected shall be drought tolerant and maintained by underground drip irrigation, if feasible. d. Noise mitigation measures included in construction if feasible. 2. Archaeoloev: 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 within 100 meters of the find, and the find shall be left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, as approved by the Planning and Building Department, is contacted and called in to evaluate the find and make recommendations as to disposition, mitigation and/or salvage. Said approval shall be given within 72 hours after submittal of a qualified professional's name. All recommendations by the approved qualified professional shall be implemented by the • applicant. The applicant shall be liable for costs associated with the professional investigation. 1 1 A-v: - 9 E H . PD �_ 9 ' •` t y S IT E DA2 • \ — I PD ESH ' t1 �_ on� \ R-e z.P) U j ,• j R ,1 1 ,A ••P PD eo j1 R-2 'O j ESH CRR/ I � l GC/PD p I MMR/CRR/ -n 11 GC/PD a R_A C-V VR-4 i� a 1 i . ESH ; R- R- PC R R-a� PD SCH I -1/ PD/I - WIA--u HVId U31SVM SAIS 40 ii I iw sl. VVNTT �'�j � j�•�J • S 's tll a - c m N c1 r 11.0.1 .r. owOw d eee4d Head "Vi Ntlld tli1SVN ills sw.a....o, +.a.. i II � IR\\ �" .� ✓yam • k4 *10Z-l* IP CO) � M � LG2 WOY=2i 1 A RESOLUTION OF THE RECREATION AND PARKS COMMISSIO OF THE CITY OF MORRO BAY, CALIFORNIA RECOMMENDING ADOPTION OF A MASTER PLAN AMENDMENT FOR DEL MAR PARK WHEREAS, the development of park Master Plans is required to insure that the parks meet the current and future needs of the residents of Morro Bay; and, WHEREAS, the Del Mar Park Master Plan requires amendment due to the community's expressed need to construct an additional basketball court and roller hockey rink and as these amenities alter the function and intended use of the existing park; and, WHEREAS, the development of the facilities will enhance the surrounding park and neighborhoods; and, WHEREAS, the Recreation and Parks Commission has held two (2) public hearings on the proposed Master Plan Amendment for Del Mar Park. NOW, THEREFORE, BE IT RESOLVED by the Recreation and Parks Commission that the Del Mar Park Master Plan is hereby amended as attached and marked "Exhibit All and forwarded to the City Council with a recommendation for adoption. PASSED AND ADOPTED by the Recreation and Parks Commission of the City of Morro Bay at a regular meeting thereof held this 3rd day of November, 1994 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: ANDREA K. LUEKER DIRECTOR RECREATION AND PARKS MARY JANE PUETT, CHAIR u:\word\res02-94.doc RECREATION AND PARRS CITY OF MORRO BAY M E M O R A N D U M . TO: COMMUNITY DEVELOPMENT DIRECTOR I FROM: RECREATION AND PARKS DIRECTOR4 DATE: SEPTEMBER 12, 1994 SUBJECT: INFORMATION FOR REVISION OF DEL MAR PARK MASTER PLAN Here is the information that you need for the staff report to the Planning Commission regarding the revision of the Del Mar Master Plan. We are shooting for the October 3, 1994 meeting, so we can take it back to the R & P Commission and then to City Council by the first of November. HISTORY The City Council, in F.Y. 1993\94 funded $11,000 for a basketball court and $2,000 for a roller hockey/skate facility. The R & P Commission held numerous public hearings regarding the location for that court in F.Y. 1993/94 and finally forwarded a recommendation to the Council in May 1994. After some discussion, the Council directed staff to locate the court at Del Mar Park. The Commission then met on where to locate the court within Del Mar Park, took the annual Parks Tour and decided to locate it within the area currently master planned for 4 tennis courts and 1 racquetball court. Concurrently to these meetings, the City Council was confirming the budget for F.Y. 1994/95 and funded an additional $7,000 for the basketball court and another $18,000 for a roller hockey rink, for a total of $38,000 for the project. At the September 1, 1994 Recreation and Parks Commission. meeting, the R & P Commission preferred alternative 1 (the proposed revised master plan I sent to you) for the revision and made a motion to forward that alternative to the Planning Commission for their approval. As outlined in the Master Plan Revision Process adopted in 1989, the R & P Commission must forward their recommendation to the Planning Commission for comments, then those comments come back to the R & P Commission. The Commission then adopts by resolution the revision and forwards the whole item to the City Council for approval. • SITE SELECTION • After walking through Del Mar Park, the R & P Commission felt the site they .selected would best fit the new facilities. The area is away from the north end of the park, where there are more homes, thus alleviating any problems with noise. The area was originally and a racquetball court. replacing the racquetball a roller hockey rink and court and roller hockey courts being funded at a NEED FOR SUCH FACILITIES masterplanned for 4 tennis courts This masterplan revision requests court and two tennis courts with a basketball court. The basketball have been funded with the tennis later date. Based on national standards available from the National Recreation and Parks Society and in relation to the population of Morro Bay, the community is in need of additional basketball courts and a roller hockey facility. Additionally, public comment has been received at a number of R & P Commission meetings regarding the communities desire for such additional facilities. u:\word\plancom.doc OCT Comm:?P,FB Un�IrY D t�r tf,/Z S 3 ko =�Y/ol& s l✓- � 93YY2— r�c� L� Ad��� � We cG1�e�u p�� L ��� /cee�� c� z,- 6ue,�kj 141L , 7 c cuF 4�'4k its j , a- 61 . City of Morro BayP9 J. Morro Bay, CA 93442 • 805-772-6200 • • October 18, 1994 Darel & Colleen Johnson P.O. Box 1196 Morro Bay, CA 93443-1196 Dear Mr. and Mrs. Johnson: I received your letter regarding the proposed changes to Del Mar Park. The Del Mar Park Master Plan is scheduled as a public hearing at the regular City Council meeting of November 14, 1994 at 7:00 p.m. located at the Morro Bay Veterans` Memorial Building. I encourage you to attend and publicly express your suggestions to the entire Council. In any event, I have forwarded a copy of your letter to the City Council and to our Recreation and Parks Director for their consideration. Please feel free to contact me on any issue as I sincerely welcome and solicit your input. William Ya Mayor Morro BW�ity Council Recreation and Parks Director FINANCE 595 Harbor Street HARBOR DEPARTMENT 1275 Embarcadero ADMINISTRATION 595 Harbor Street COMMUNITY DEVELOPMENT 535 Harbor Street FIRE DEPARTMENT 715 Harbor Street POLICE DEPARTMENT 850 Morro Bay Boulevard PUBLIC WORKS 695 Harbor Street RECREATION AND PARKS 1001 Kennedy Way n u • 0 �a, - 2k N.L October 13, 1994 Mayor Bill Yates 595 Harbor Morro Bay, CA 93442 Dear Mayor Yates, This letter is to request that the city reconsider the plan to build basketball courts at Del Mar Park. We enjoy visiting the Park with our children and we often use the beautiful, large, grass areas to fly a kite or play soccer. We can see the basketball courts across the baseball field at Del Mar Elementary School next door. The courts there are not used very often at all, so we feel that any additional courts built so close are unnecessary. We would like to see the city save the money that was to be used for basketball courts and use it instead to continue the maintenance of the lovely grounds. Or, the monev could be used to eventually build tennis courts there, which was part of the original plan for the park, according to an article in the Sun Bulletin last week. The tennis courts at the high school are in use by the students during the week, and the courts are very busy on the weekends. The tennis courts at Monte Young Park are reserved most of the day on Saturdays and some week days for lessons. Tennis courts on the north end of town would be used often! We would appreciate your consideration to not build additional basketball courts so close to ones alreadv at Del Mar School, and save the money, earning interest, until tennis courts can be built, as orginally planned for Del Mar Park. Thank you for your time and effort! Sincerely, Colleen & Darel Johnson P.O. Box 1196 Morro Bay, CA 93443 wilL{'19tfwlp.l"1"'��s76n� Jel'yMYp9(1�"j8I i.sa+auien -«ww. waaria"�oa"in >tlad IM lap VM u�- HVId H31S311S _ i N ` f j i I I \' s : Y O !:f`, f:i,: Ir'I I� 1•:, g. �5.!Ji:'I{cl'i _ , �■ � D >v.'•� � /�. �:V 1T1iH:�'L.iaa� V-yy�'-� s it•1•� �`. Loa 40 D _ 0 RESOLUTION NO. 105-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING REVISION OF MORRO BAY MUNICIPAL CODE AD -HOC COMMITTEE'S SCOPE OF WORK 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 Ad -Hoc Committee was created pursuant to Resolution No. 02-94 for the purpose of reviewing specific enumerated sections of the Morro Bay Municipal Code; and WHEREAS, after a duly noticed public hearing on October 24, 1994, it has been determined that in order to take full advantage of the Committee's efforts to provide a uniform product capable of in-house revision, that the entire code should be subject to review; and . WHEREAS, it is desirous and in the best interest of all parties to resolve disputes amicably, therefore, the Committee is directed to develop a Chapter on Alternative Dispute Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the attached by-laws are hereby amended pursuant to the attached staff report and are incorporated herein by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of November, 1994 on the following vote: AYES: Crotzer, Luna, Unger, Yates NOES: None ABSENT: Mullen WILLIAM YATES, ATTEST: ;7 : .IS, City Clerk • CITY OF MORRO BAY MUNICIPAL CODE AD -HOC COMMITTEE BY-LAWS PURPOSE AND AUTHORITY OF THE COMMITTEE The Municipal Code Ad -Hoc Committee was established by City Council Resolution No. 67-93 in July 1993. The purpose of the Committee is to review specific sections of the city's Municipal Code and provide input and recommendations to the City Council on suggestions for updating and streamlining the code. The Municipal Code Ad -Hoc Committee shall be comprised of five (5) members. Appointments to the Committee and filling of vacancies shall be made by the City Council. Members shall serve without monetary compensation. TERMS OF OFFICE • Members of the Ad -Hoc Committee will serve for a period of no more than one (1) year to complete the tasks of municipal code review and providing recommendations to the City Council. QUALIFICATIONS Members of the Committee shall be registered voters of Morro Bay. ABSENCE FROM MEETINGS Absence of a Committee member from three (3) consecutive meetings without formal consent of the Committee as noted in it's official minutes will constitute the voluntary resignation of the absent member. The position will then automatically be declared vacant for the City Council to appoint a replacement. Should a member wish to resign from the Committee, he/she shall submit a letter of resignation to the City Council. At the first meeting of the Committee, a Chairperson, Vice Chairperson, and Secretary will be elected from the Committee members for the term of the Committee. Anytime during the term of the Committee, a majority of the Committee can elect a new Chairperson. The Chairperson shall preside over meetings and direct the • affairs of the Committee. In the absence of the Chairperson, the Vice Chairperson will preside. If both the Chairperson and the Vice Chairperson are absent, the Committee will appoint someone to chair that specific meeting. The City of Morro Bay staff will provide assistance as requested by the Committee Chairperson to the City Administrator. MEETINGS At the first meeting of the Committee, a regular meeting date, time, and place will be established and incorporated into these by-laws. The meetings shall be open to the public. The Chairperson may determine the amount of time at each meeting allocated to public comment. ROBERTS' RULES OF ORDER In all matters and things not otherwise provided for in these by- laws, the proceedings of the Committee shall be governed by "Roberts' Rules of Order", latest edition. BY-LAWS AND AMENDMENTS The by-laws of the Committee and all amendments thereof shall be approved by the City Council. • CHAPTERS/SECTIONS OF THE CODE TO BE REVIEWED BY THE COMMITTEE A report to the responsible Committee is expected on the following Chapters and Sections. A copy of these suggestions, if any, will also be submitted to the City Council. Chapter Five: Sections 5.28 and 5.30 - Franchise Advisory Board Chapter Eight: Section 8.16 - Franchise Advisory Board Chapter Twelve: Streets and Trees Committee Chapter Thirteen: Water Advisory Board Chapter Fourteen: Planning Commission Chapter Fifteen: Harbor Advisory Board Chapters Sixteen and Seventeen do not need to be reviewed by the Committee as the Planning Commission is already reviewing these Chapters. 0 0 RESOLUTION NO. 104-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF LEASE AND OPTION TO PURCHASE AGREEMENT NO. 1994-1 FOR THE REFINANCING OF THE COMMUNITY CENTER, AND RELATED DOCUMENTS AND AUTHORIZING OFFICIAL ACTION 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 (the "City"), San Luis Obispo County, California, proposes to refinance its Community Center (the "Project") by entering into a Municipal Lease and Option to Purchase Agreements, or other financing agreements; and WHEREAS, the City Council has determined that it is in the best interests and for the common benefit of the residents and landowners of the City that the Project be refinanced with tax- exempt financing as follows: (a) The City has previously financed the construction and • acquisition of its Community Center, and related improvements, with its $1,540,424 original principal amount Municipal Lease and Option Agreement No. 2114, dated March 23, 1988, with Security Pacific Merchant Bank, as Lessor (the 111988 Lease"); and (b) The City will refinance the 1988 Lease pursuant to the Site Lease of the real property subject thereto ("Site Lease"), by and between the City and Chelsea Leasing Corporation, a California Corporation (the "Corporation"), and the Municipal Lease and Option to Purchase Agreement No. 1994-1 (the "Agreement"), to be dated on or about November 23, 1994, by and between the City and the Corporation, which Agreement provides for the payment of rental payments, representing principal and tax-exempt interest components and having principal components in the aggregate sum of approximately $537,648.25, and said rental payments shall be made by the City from any lawfully available revenues of the City; and (c) The Corporation will assign its interests in the Agreement to M.L. Stern & Co. Inc. (the "Underwriter") pursuant to an Assignment of Municipal Lease and Option to Purchase Agreement (the "Assignment"), dated as of the date of the Agreement, by and between the Corporation and the Underwriter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: . Section I. The above recitals are all true and correct. Resolution No. 104-94 Page Two Section 2. The City Council hereby approves the following agreements (the "Project Agreements"): (a) the Agreement (b) the Assignment (c) the Site Lease in substantially the form presented to this Council, together with any additions thereto or changes therein as may be deemed necessary or advisable and as shall be approved by the City Administrator and Finance Director, such approval to be conclusively evidenced by the execution thereof as herein authorized. Section 3. The Council hereby authorizes and directs: (a) Said City Administrator and the other appropriate officers of the City are hereby authorized and directed to execute, attest, and affix the seal of the City to and deliver said Project Agreements, and all closing documents in connection therewith, as appropriate, for and in the name of and on behalf of the City; and • (b) The appropriate officers of the City, jointly and severally, for and in the name of and on behalf of this City, to execute and deliver any and all things and to take any and all actions which may be necessary or advisable in their discretion to fulfill the actions and consummate the transactions heretofore approved by this Council; and (c) The appropriate officers of the City to make such additional filings, amendments, consents, undertakings or agreements as may be required to affect and maintain the qualifications and exemptions exiting or to be obtained under the laws of the State of California and the laws of the United States of America. Section 4. The Council hereby covenants and agrees: (a) That one hundred percent (100%) of the proceeds of the Agreement will be expended for the refinancing of the Project within ninety (90) days after the date of execution and delivery of the Agreements to be executed and delivered; and (b) That none of the proceeds of the Agreement will be used in a manner that would cause the Agreement to become an "arbitrage bond" within the meaning of Section 103(b)(2) or Section 148 of the Internal Revenue Code of 1986, as amended, and the . regulations of the United States Department of the Treasury issued thereunder (collectively, the "Code"); and Resolution No. 104-94 Page Three (c) That the City will not use or permit the use of the Project, or any portion thereof, by any person for a "private business use" within the meaning of Section 141(b)(6) of the Code, or use or permit the use of any proceeds of the Agreement to make or finance loans to persons other than governmental units, in such a manner or to such an extent as would result in the loss of exemption from federal income tax of the interest portion of any rental payment under Section 103 of the Code; and (d) That, in order to comply, to the extent possible, with any reform, revision or amendment of the Code enacted subsequent hereto, the City shall take action, to the extent possible, including passage of any required resolutions and amendment of the Agreement and the other Project Agreements, as necessary to preserve the tax-exempt status of the interest component of rental payments under the Agreement. Section 5. The Council hereby ratifies and confirms all actions heretofore taken in connection with the authorization, execution and delivery of the Project Agreements and other documents related thereto. Section 6. The Council hereby designates the Agreement as a "Qualified Tax -Exempt Obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. In furtherance of such designation, the Board hereby finds, determines and covenants for the benefit of the Corporation or its Assignees from time to time that, during the calendar year 1994, neither the City nor any of its subordinate entities will issue or cause to be issued more than $10,000,000 principal amount of tax-exempt debt. Section 7. This resolution shall take effect upon adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of November, 1994 on the following vote: AYES: Crotzer, Luna, Unger, Yates NOES: None ABSENT: Mullen ATTEST: • BRIDGETT AVIS, City Clerk 0 RESOLUTION NO. 102-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA REQUESTING BARS AND COCKTAIL LOUNGES TO VOLUNTARILY POST SIGNS WARNING PATRONS OF THE HAZARDS OF SECOND HAND SMOKE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the hazards of second hand smoke are well known; and WHEREAS, even the tobacco industry advocates the posting of these establishments; and WHEREAS, the City of Morro Bay has not enacted an Ordinance to regulate smoking in these businesses, pending the outcome of Proposition 188; and WHEREAS, the City of Morro Bay is concerned with the health • and welfare of all people. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, to request the owners of establishments where alcohol is primarily served to voluntarily post a warning of the hazards of second hand smoke. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of October, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Yates NOES: None ABSENT: Unger ATTEST: BRIDGETT VIS, City Clerk • • RESOLUTION NO.101-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE 1994-95 FISCAL YEAR RATE SCHEDULE TO REVISE THE PLANNING AND BUILDING DEPARTMENT MASTER FEE SCHEDULE FOR FISCAL YEAR 1994-95 THE CITY COUNCIL City of Morro Bay, California WHEREAS, The City Council of the City of Morro Bay finds that the building fees and charges for City plan review and inspection are deemed to be too high; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from regulatory licenses, user charges, and user fees which do not exceed the cost of providing the regulation, product or service do not constitute "proceeds of taxes"; and NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby approve and adopt the Amendment to the 1994-95 Fiscal Year Rate Schedule to revise the Planning and Building Department Master Fee and said Amendment is deemed retroactive to August 8, 1994 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of • Morro Bay, on the 24th day of October, 1994, by the following vote to wit: AYES: Crotzer, Luna, Mullen, Yates NOES: None ABSENT: Unger BRIDGETT IJAVIS, City Clerk RESOLUTION NO. 100-94 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA OPPOSING PROPOSITION 188 AND ANY STATEWIDE LAWS WHICH PRE-EMPT AND WEAKEN LOCAL TOBACCO CONTROL ORDINANCES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, tobacco use is responsible for the death of over 400,000 people every year and is the number one cause of death in the United States; and WHEREAS, Environmental Tobacco Smoke (ETS) has been categorized as a cancer causing substance by the Environmental Protection Agency; and exposure to sidestream smoke or second-hand smoke kills an estimated 53,000 persons every year; and WHEREAS, San Luis Obispo County passed a tobacco control ordinance on December 8, 1991 which bans cigarette vending machines in the unincorporated areas in order to protect children from being addicted to nicotine; and WHEREAS, the City of San Luis Obispo passed a smoking control ordinance on August 8, 1990 which bans smoking in buildings IDaccessible to the public in order to protect people against exposure to ETS; and WHEREAS, statewide laws which pre-empt and weaken local tobacco control ordinances would jeopardize the health of the citizens of this county, including increasing their risk of heart disease, cancer, stroke and respiratory disease. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby proclaim its support for the right of local communities to adopt and retain strong tobacco control ordinances which comprehensively protect its children and citizens from the dangers of tobacco. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of October, 1994 on the following vote: AYES: Crotzer, Luna, Mullen NOES: Yates ABSENT: Unger ATTEST: p • BRIDGETT D VIS, City Clerk 0 RESOLUTION NO. 98-94 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR A SMALL BUSINESS ADMINISTRATION TREE PLANTING PROGRAM GRANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has received, through the California Department of Forestry and Fire Protection (CDF), a Small Business Administration (SBA) Tree Planting Program Grant; and WHEREAS, as a condition of said grant the City shall designate a representative to enter into a contract with CDF regarding the distribution of SBA grant funds; and NOW, THEREFORE, BE IT RESOLVED, that the City Council, City of Morro Bay, California does hereby authorize the Director of Public Works to execute • Contractor Number 8CA94657, and any subsequent amendments, between the City of Morro Bay and the California Department of Forestry and Fire Protection. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 24th day of October, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Yates NOES: None ABSENT: Unger ABSTAIN: None WILLIAM YATES, ATTEST: i BRIDGET DAVIS, City Clerk drengrg3areegmt • RESOLUTION NO. 97-94 RESOLUTION DECLARING THE FINAL AMOUNTS OF ASSESSMENTS FOR THE MIMOSA STREET ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay formed the Mimosa Street Assessment District in response to a property owner petition; and WHEREAS, assessments were approved on July 10, 1989 and June 10, 1992 to fund the District in the total amount of $268,773; and WHEREAS, the scope of the contemplated improvements can be completed for this total amount; and WHEREAS, it has been deemed appropriate to provide assurance to the District's property owners that the assessment will not be subject to future increases. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay, California that the assessments approved to date represent the complete and final assessment • amounts for the Mimosa Street Assessment District. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 1-0th day of October 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: 11 i ` BRIDGETT AVIS, City Clerk WTB/LC:C:BILL:97-94 0 • RESOLUTION NO. 96-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA OPPOSING "SAVE OUR STATE" INITIATIVE (PROPOSITION 187) T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, immigration is one of the most significant and politically volatile issues facing California policy makers; and WHEREAS, the "Save Our State" ("SOS") initiative seeks to scapegoat immigrants for the economic and social woes facing California, in the midst of an election year; and WHEREAS, the "Save Our State" ("SOS") measure proposes to "save" our state by the following: 1) banning undocumented children from public schools; 2) requiring public school teachers to report "suspected" undocumented children to the Immigration & • Naturalization Service (INS); 3) deny prenatal care to undocumented women; 4) require public health workers to report to the INS "suspected" undocumented patients, including children receiving immunizations; 5) require local police to coordinate with INS in deporting undocumented persons arrested for an offense; 6) various other punitive measures, which only duplicate existing restrictions or violate state or federal constitutional or statutory law; and WHEREAS, "SOS" proponents contend that immigrants come to California to receive public benefits and services when, in fact, immigrants come for jobs, family reunification and to flee persecution. Federal law already denies undocumented immigrants welfare or cash assistance programs, including food stamps; and WHEREAS, according to the California Senate Office of Research and data from the INS, despite poverty rates among immigrants higher than the average, immigrants use fewer public benefits and are less likely than native-born residents to become dependent on welfare; and 0 Resolution No. 96-94 • Page Two WHEREAS, contrary to "SOS" propaganda, immigrants cannot be blamed for the Savings & Loan Bail -Out, and the billions it has cost taxpayers because of conspicuous consumption and over - speculation or the Defense Industry cut -backs, and the subsequent lay-offs that have burdened the local economy. According to a study by the Urban Institute, immigrants in California contribute $30 billion in taxes, while receiving barely half that amount in government services; and WHEREAS, "SOS" proponents ignore LAPD's "Special Order 40", and policies adopted by other law enforcement agencies, that already formalize cooperation between local governments and INS when undocumented persons are arrested for multiple misdemeanor offenses, high grade misdemeanors or felony offenses. Computer - networked booking systems, throughout the state, effectively report all suspected undocumented arrestees to the INS; and WHEREAS, "SOS", aside from duplicating already -existing law enforcement practices, also would raise serious legal issues by removing the requirement of "reasonableness" to any arrest, a • basic constitutional protection against arbitrary government action; and WHEREAS, while studies have indicated that less than 10 percent of the Latino community in California is undocumented, "SOS" creates a cloud of suspicion, and places the burden of proof, on all Latinos to prove their legality, despite a heritage of contributions, history and valor in the Golden State; and WHEREAS, the Ninth Circuit U.S. Court of Appeals' ruled this year in Gonzalez -Rivera v. INS that a stop based on race, or ethnic appearance, is an egregious Constitutional violations; the Court commented: "[W]e" should not allow our courts to be used to sanction racism in any form"; "SOS" would put the state at odds with the Court of Appeals' ruling; and WHEREAS, in clear violation of the State Constitution and a 1982 U.S. Supreme Court decision (Plyler v. Doe), "SOS" would restrict undocumented persons from public schools, requiring school officials to report any pupil or parent suspected of being undocumented. "SOS" jeopardizes California's share of federal education funds by violating provisions of the federal Family Educational Rights and Privacy Act (FERPA), which prohibits the release of information about public school students; and 0 Resolution No. 96-94 • Page Three WHEREAS, at the same time "SOS" proposes to "save" our state, it also proposes to further drain local governments and schools of scarce funding through additional mandates with no funding; scarce tax dollars would be earmarked to create new bureaucratic systems to verify the "residency" of all Californians in a comprehensive illegal alien "witch-hunt" instead of using the same monies for educating our young people or putting more police on our streets; and WHEREAS, the history of the United States of America is one of immigration, men, women and children, of diverse cultures, backgrounds and beliefs, coming to this country in search of opportunity and a better life; and WHEREAS, policy makers should seek a responsible dialogue and debate on immigration issues that places a greater emphasis on servicing political asylum cases, legal residency and citizenship cases to accurately determine status; the development of tracking systems for all points of entry into this country, and deportation of all undocumented persons convicted of felony crimes. • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay, California, opposes the so-called "Save Our State" Initiative; and BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay, California, seeks a responsible dialogue on the immigration issue including a greater emphasis on servicing political asylum cases, legal residency and citizenship cases to accurately determine status, development of tracking systems for all points of entry into this country, and deportation of undocumented persons convicted of felony crime. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the loth day of October, 1994 on the following vote: AYES: Crotzer, NOES: None ABSENT: None Luna, Mullen, Unger, Y. ATTEST: i • BRIDGETT AVIS, City Clerk RESOLUTION NO. 95 -94 RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR A PORTION OF HANDICAP RAMP AT SOUTHEAST CORNER OF MAIN AND AVALON STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, per the conditions of approval (CUP 36-89), the owner of the southeast corner parcel at Main and Avalon Street is to construct public improvements; and WHEREAS, per Condition D.2., a handicap is required; and WHEREAS, it is necessary that owner dedicate to the City a portion of his corner parcel at Main and Avalon Street to allow construction of a handicap ramp per City Standards; and WHEREAS, the owner has made said offer to dedicate an easement attached herewith; and WHEREAS, it is in the public interest to construct the handicap ramp per the said conditions of approval and to accept the offer of dedication. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the attached offer of dedication made by the owner of the parcel at the southeast corner of Main and Avalon Street is hereby accepted on behalf of the public. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 10th day of October, 1994, by the following vote: AYES: Crotzer, NOES: None ABSENT: None ABSTAIN: None Luna, Mullen, Unger, Yates ATTEST: BRIDGET AVIS, City Clerk 0 dr:engrg3Junkdedi cu-b he of asphak, r" and replace existhg pav" to =pra slope to non catch basks and provide b' cone. cubs at bovndcr4.--1, Ida XxV catch basin 3' U 56M 40 PVC pipe r sklenalk 4 thru face. ((,D Ma 0-8) —OL — ay oath transitions are' kfeb' curb 4 Ida, 8' curb. .o { Drive" approach tra-W Ions are' V-O' Aide for b' cub 4 4'-0' Aide for 8' cub. P� h � � 4 I 1U tj 1 New 10' wide city sidewalkurbs 4 gutt. As per MB65 B-I (Type A' I) 4 B-5 Existing drop inlet (no change) — Existing fire ss PAR m Macs hydrant. T�PiA4//u�A1e lt/sT,yer,I �� Gut existing cross-stre t gutter and atnew news ndrel. Asper MBG5 B-3 4 1�-4 L1 Irrevocable & Perpetual Offer To Dedicate: THIS OFFER TO DEDICATE, made the C/ day of AVZeej — , by John C. Funk , as Trustee of the John C. Funk Living Trust (Created by Declaration of Trust Dated October 8, 1991) of the City of Ventura, State of California and Christopher R. Funk, of the City of Morro Bay, State of California, hereinafter termed Offeror: Whereas, said Offeror desires to make an offer to dedicate, irrevocably, to the public, an easement, for public street purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain streets. • NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described below: Lots 29 and 30 in Block 9 of MORRO DEL MAR SUBDIVISION NO. 1, in the County of San Luis Obispo, State of California, according to map recorded July 8, 1926 in Book 3 at page 76 of Maps, 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of a Public right of way for street purposes and incidental uses upon the following described property: That portion of Lot 30, Block 9 of Morro del Mar Subdivision No. I according to that certain map of said subdivision recorded July 6, 1926 in Book 3 of Maps, at the county of San Luis Obispo, State of California, and described as follows, beginning at the Northwest corner of said lot, thence . Easterly along the Northerly line of said lot a distance of 1.25 feet to a The following sign beneficiaries of a trust deea an' here: trust deea shall be sub inate to this Offer to 11_ � ate. Holder of trust Deed: C--A�v. \"•1"�' (�_Ik-.v Title: Title: ALL-PURPOSE ACKNOWLEDGMENT State of C4,Y"�pL �"; a 1 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT gree that said 2`- 1Z .�u"" `_ OPTIONAL SECTION No. 5907 State of County of 41;41-) ��,°,1 C� On before me, DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOT PUBLIC" personally appeared . 'fz' t NAME(S) OF SIGNER(S) ®'personally known to me OR proved to ma on the hasis of Aisfaetefy eyidqRGQL - to be the person($.) whose name(s) d9are subscribed to the within instrument and ac- knowledged to me that a15he/they executed the same in h{her/their authorized capacity(i:ec), and that by is er/their signature(*) on the instrument the person(e), RAEM.CR11LL - or the entity upon behalf of which the V Comm k996124 :NOTARYPUBLIC CAUFORNIAO person(%) acted, executed the instrument. SAN LUISO -SPO G CpmT Expue55j 12 n Bp12 i WITNESS my hand and official seal. SIGNATURE OF NOTARY No. 51 RESOLUTION NO, 94-94 RESOLUTION RESCINDING PREVIOUS ACTION REGARDING UPSIZING OF THE CHORRO VALLEY PIPELINE AND REQUESTING HYDRAULIC CAPACITY OF PHASE II DESIGN AND CONSTRUCTION TO MEET MINIMUM CRITERIA FOR THE CITY OF MORRO BAY'S STATE WATER PROJECT ENTITLEMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, by motion on February 22, 1993 the City Council, City of Morro Bay, requested the Chorro Valley Pipeline to be installed as a sixteen inch diameter pipeline; and WHEREAS, Phase I of said Pipeline has been designed and is under construction as a sixteen inch pursuant to the City request; and WHEREAS, the City has re-evaluated its needs for capacity in Phase II of said Pipeline and determined that a sixteen inch pipeline exceeds the needs of the community; and WHEREAS, the ultimate diameter of Phase II of the Chorro Valley Pipeline shall be determined by subsequent engineering analysis. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay hereby requests Phase II of the Chorro Valley Pipeline be designed and installed to meet, in conjunction with engineering criteria, the minimum capacity necessary to fully deliver the City's State Water Project allocation; and, BE IT FURTHER RESOLVED, the City of Morro Bay shall bear financial responsibility only for the capacity necessary to deliver said allocation to the City of Morro Bay's potable water system. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of September 1994 by the following vote: AYES: NOES: ABSENT: Crotzer, Luna, Mullen, Unger, Yates None None ATTEST: BRIDGETT AVIS, City Clerk W TA/LC: C: BI L L:121NCH RESOLUTION NO. 93-94 APPROVAL OF A FIVE YEAR LEASE WITH MORRO BAY MARINA FOR MOORING ZONE AI-4 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Mooring Zone A1-4; and, WHEREAS, Morro Bay Marina is the lessee of said property; and, WHEREAS, the lease for the mooring area has been on a month to month extension of the 1980 lease, and, WHEREAS, land side improvements to the site to provide adequate shore side facilities for the mooring zone area have been completed; and, WHEREAS, City and lessee have entered into a new five year lease for Mooring Zone Al-4. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a new 5 year lease between the City of Morro Bay and Morro Bay Marina for Mooring Zone A1-4 is hereby approved, subject to the City's receipt and approval of the executed lease document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of September, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger NOES: None ABSENT: None ABSTAIN: Yates SUS AN MULLEN, VICE MAYOR 9 AMENDMENT #1 LEASE AGREEMENT FOR LEASE SITE 75-77/75W-77W 0This Amendment 91 (the Amendment) is made and entered into as of this d-U day of � 1994 by and between the City of Morro Bay, a municipal corporation of the State of aliforma (hereinafter "City"), and Morro Bay Marina, a California General partnership consisting of Robert Waterman, Don Appling and Carol Trapp dba Marina Square, (hereinafter "Tenant") to amend that certain ground lease known as Lease Site 75-77/75W-77W between City and Tenant dated June 26, 1991 (the "Lease"). WHEREAS, the City is grantee and Iessor of granted Tidelands within the City limits, including those lands known as Lease Site 75-77/75W-77W, and the adjacent westerly submerged lands, and WHEREAS, on January 13, 1992, City and Tenant did execute a 5 year License Agreement (the "License Agreement") to allow Tenant to use an additional area westerly of Lease Sites 75- 77/75W-77W as required by Tenant's slip system, and WHEREAS, City and Tenant desire to amend the Lease so that the Lease will include the westerly extension area for the slip system, and to change certain terms of the Lease. NOW THEREFORE, City and Tenant mutually agree to amend the Lease as follows: 1. PREMISES: The defined term "the premises" shall refer to Lease Sites 75-77/75W-77W and the westerly extension area consisting of 3,258 square feet of water area as shown on the map attached hereto as Exhibit A. Exhibit A hereto shall be incorporated herein by reference and shall be known as the "PREMISES". 2. MINIMUM RENT: Section 2.01 of the Lease shall be deleted in its entirety and replaced as follows: Commencing July 1,1994, Tenant agrees to pay to City, in addition to the additional sums specified under Section 2.04 and any other provision of this Lease, a minimum guaranteed annual rental for the use and occupancy of the PREMISES of $66,630.00 (Sixty Six Thousand Six Hundred and Thirty Dollars), payable in advance in equal semi-annual installments on the first days of July and January. 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, 595 Harbor Street, Morro Bay, CA, or at such other place or places City may from time to time designate by written notice delivered to Tenant. City and Tenant further agree that the July 1, 1995 to June 30, 1996 minimum guaranteed annual rent and the minimum guaranteed annual rent for each year thereafter shall be adjusted as set forth in Sections 2.02 and 2.03 of the Lease. Until the PREMISES are next reappraised, base rent for the purposes of calulating future CPI adjustment to the minimum annual guaranteed rent shall be $63,024.00. 0 • n 3. PUBLIC RESTROOMS: A new Section 13.10 kk.H shall be added to the Lease as follows: 13.10 SECTION M08 - PUBLIC RESTROOMS: Public restrooms on the premises shall remain unlocked and open to the public in good sanitary and usable condition, from 10:00 a.m. to dusk every day of the year, subject to the exemptions in Section 3.03 of the Lease. Tenant acknowledges that Tenant shall incur all costs for supplies, janitorial services and repairs necessary to meet the requirements of this Section to the reasonable satisfaction of the City. 4. TERMINATION OF LICENCE AGREEMENT: Tenant and City hereby mutually agree that, effective July 1, 1994, the License Agreement shall be terminated and of no further force and effect. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY ice Mayor, Susan Mullen C rh Howell, In enm rty A mimstrator ROVED AS TO FORM David Hunt, City Attorney ATTEST Bridgett D is, City Clerk "II ' Robert Waterman 'a Don Apppling Carol Trapp `J .M �aW ' 1 � Iv a, .h n m i 7 1 «� 3 ;Si a 4 n 1 y.. J • • AMENDMENT #1 LEASE AGREEMENT FOR LEASE SITES 71-74/71W-74W This Amendment #1 (the Amendment) is made and entered into as of this � day of 1994 by and between the City of Morro Bay, a municipal corporation of the State of alifornia (hereinafter "City"), and Morro Bay Marina, a California General partnership consisting of Robert Waterman, Don Appling and Carol Trapp dba Marina Square (hereinafter "Tenant"), to amend that certain ground lease for Lease Sites 71-74/71W-74W, between City and Tenant dated June 26, 1991 (the "Lease"), WHEREAS, the City is grantee and lessor of granted Tidelands within the City limits, including those lands known as Lease Sites 71-74/71W-74W, and the adjacent westerly submerged lands; and; WHEREAS, on January 13, 1992 City and Tenant did execute a 5 year License Agreement (the "License Agreement") to allow Tenant to use an additional area westerly of Lease Sites 71- 74/71 W-74W as required by Tenant's slip system, and WHEREAS, City and Tenant desire to amend the Lease so that the Lease will include the westerly extension area for the slip system, and to change certain terms of the Lease. NOW THEREFORE, City and Tenant mutually agree to amend the Lease as follows: 1. PREMISES: The defined term "the premises" shall refer to Lease Sites 71-74/71W-74W • and the westerly extension area consisting of 2,248 square feet of water area as shown on the map attached hereto as Exhibit A. Exhibit A hereto shall be incorporated herein by reference and shall be known as the "PREMISES". 2. MINIMUM RENT: Section 2.01 of the Lease shall be deleted in its entirety and replaced as follows: Commencing July 1,1994, Tenant agrees to pay to City, in addition to the additional sums specified under Section 2.04 and any other provision of this Lease, a minimum guaranteed annual rental for the use and occupancy of the PREMISES of $51,130.00 (Fifty One Thousand One Hundred and Thirty Dollars), payable in advance in equal semi-annual installments on the first days of July and January. 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, 595 Harbor Street, Morro Bay, CA, or at such other place or places City may from time to time designate by written notice delivered to Tenant. City and Tenant further agree that the July 1, 1995 to June 30, 1996 minimum guaranteed annual rent and the minimum guaranteed annual rent for each year thereafter shall be adjusted as set forth in Sections 2.02 and 2.03 of the Lease. Until the PREMISES are next reappraised, base rent for the purposes of calulating future CPI adjustment to the minimum annual guaranteed rent shall be $50,016.OQ 3. PERCENTAGE RENTAL. Exhibit B of the Lease shall be deleted in its entirety and replaced with the Schedule of Percentage of Gross Sales Rent attached hereto as Exhibit B and incorporated herein by reference. • • 4. TERMINATION OF LICENCE AGREEMENT: Tenant and City hereby mutually agree that, effective July 1, 1994 the License Agreement shall be terminated and of no further force and effect. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this Amendment. CITY OF MORRO BAY �' Vice Mayor, Susan D ' owell, Interim City Administrator Robert Waterman Don Apppling AP OVED AS TO FORM J_ Davi Hunt, City Atto y Carol Trapp ATTEST Bridgett vis, City Clerk 0 h ,J 3 0 N ,46 761 I I m z I u � r C vl J u31 3 fA I n If Y f , EJ .• 0 • EXHIBIT B SCHEDULE OF PERCENTAGE OF GROSS SALES RENT GROSS SALES FROM SECOND FLOOR BUSINESSES ON LEASE SITES 71-74: 1, 1994 to June 30, 1996 1, 1996 to June 30, 1998 1, 1998 to June 30, 2000 1, 2000 to June 30, 2002 1, 2002 to June 30, 2004 1, 2004 and thereafter PERCENTAGE OF GROSS SALES 0% 1% 2% 3% 4% 5% GROSS SALES FROM FIRST FLOOR BUSINESSES ON LEASE SITE 71-74 FISCAL YEAR PERCENTAGE OF GROSS SALES July 1, 1994 to June 30, 1995 0% July 1, 1995 to June 30, 1996 1% July 1, 1996 to June 30, 1997 2% July 1, 1997 to June 30, 1998 3% July 1, 1998 to June 30, 1999 4% July 1, 1999 and thereafter 5% ALL OTHER GROSS SALES: Gross sales or income from all other sources, including, all slips and docks operated by Tenant: FISCAL YEAR July, 1994 and thereafter PERCENTAGE OF GROSS SALES 10% RESOLUTION NO. 92-94 APPROVAL OF AMENDMENT 41 TO THE MASTER LEASE FOR LEASE SITE 75-77/75W-77W EXTENDING THE WATER AREA OF THE LEASE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 75-77/75W-77W; and, WHEREAS, Morro Bay Marina is the lessee of said property; and, WHEREAS, the City and Morro Bay Marina entered into a temporary lease for additional water space while the slips for the lease site were under construction, and; WHEREAS, construction is now complete therefor the master lease needs to be amended to include the additional area, adjust the base rent for the additional leased area and terminate the temporary agreement for the additional leased area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that .Amendment 91 for Lease Site 75-74/75W-77W including additional water space in the Lease, adjusting the base rent for the additional leased area and terminating the temporary agreement for the additional water area is hereby approved. BE IT FURTHER RESOLVED that approval of Amendment 41 for Lease Site 75-77/75W-77W is subject to the City's receipt and approval of executed amendment documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of September, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger NOES: None ABSENT: None ABSTAIN: Yates / �SUSAN MULLEN ,VICE MAYOR BR GETT AVIS, CITY CLERK • RESOLUTION NO. 91-94 APPROVAL OF AMENDMENT #1 TO THE MASTER LEASE FOR LEASE SITE 71-74/71W-74W TO RESTRUCTURE THE PERCENTAGE OF GROSS SALES SCHEDULE AND EXTEND THE WATER AREA OF THE LEASE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 71-74/71W-74W; and, WHEREAS, Morro Bay Marina is the lessee of said property; and, WHEREAS, the City and Morro Bay Marina entered into a temporary lease for additional water space while the slips for the lease site were under construction, and; WHEREAS, construction is now complete therefor the master lease needs to be amended to include the additional area, adjust the base rent for the additional leased area and terminate the temporary agreement for the additional leased area; and WHEREAS, the City and Morro Bay Marina, in an effort to expedite rental of the upper level of the lease site to •obtain full occupancy, desire to amend the master lease to replace the Percentage of Gross Sales Schedule with a new Percentage of Gross Sales Schedule which will start at 0% and gradually phase in the 5% gross sales rent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Amendment #1 for Lease Site 71-74/71 W-74W including additional water space in the Lease, amending the base rent for the lease, replacing the Percentage Of Gross Sales Schedule and terminating the temporary agreement for use of the additional water area is hereby approved. BE IT FURTHER RESOLVED that approval of Amendment #1 for Lease Site 71-72/71@-74W is subject to the City's receipt and approval of executed amendment documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of September, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger NOES: None ABSENT: None ABSTAIN: Yates �SUSAN MULLEN, VIR 1 i wl BRIDGET'C)AVIS, CITY CLERK RESOLUTION NO. 90-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPOINTING A DELEGATE TO SERVE ON THE SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT BOARD T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California League of Cities sponsored legislation amending Section 40100 of the California Health and Safety Code, Assembly Bill 75 (Hauser), which was signed into law on October 11, 1993; and WHEREAS, the amendments require that the governing board of the San Luis Obispo County Air Pollution Control District consist of at lease one city mayor or city council member, and at least one county supervisor effective July 1, 1994; and WHEREAS, the amendments require that the numbers and • composition of the Air Pollution Control Board shall be determined jointly by the county and the cities within the district, and shall be approved by the county, and by a majority of the cities which contain a majority of the population in the incorporated areas of the district; and WHEREAS, the amendments provide that the city representative on the Air Pollution Control Board shall be selected by the City Selection Committee and shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation of population between the cities and unincorporated areas in the district; and WHEREAS, on June 21, 1994, the San Luis Obispo County Board of Supervisors approved a composition for the Air Pollution Control Board of five supervisors and from five to as many as seven mayors or city council members; and WHEREAS, on July 15, 1994, the City Selection Committee, representing each of the seven incorporated cities in the district, approved a composition for the Air Pollution Control Board of five supervisors and seven mayors or city council members; and WHEREAS, on August 29, 1994, the City Selection Committee approved mayors or city council members nominated by five of the • seven incorporated cities in the district as Air Pollution Control Board members. RESOLUTION NO. 90-94 PAGE TWO NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, hereby agrees that the San Luis Obispo County Air Pollution Control District Board shall hereafter consist of seven city mayors and/or council members, one from each of the seven incorporated cities in the district, and five county supervisors. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of September, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None • ATTEST: BRIDGETT AVIS, City Clerk • • RESOLUTION NO. 89-94 A RESOLUTION OF THE CITY COUNCIL APPROVING PUBLIC AREA USE PERMIT NO. 783 FOR THE CAL POLY CREW CLUB PRACTICE 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 authorize all special events held in the harbor; and, WHEREAS, the Cal Poly Crew Club will be holding practices daily in the Morro Bay harbor which presents an inherent conflict with other harbor users; and, WHEREAS, the City Council has reviewed the aforementioned daily practice request, and finds that adequate insurance is provided for the City and the event will not interfere with reasonable use of the harbor. NOW, THEREFORE, BE IT RESOLVED that the City Council approves use of the harbor by the Cal Poly Crew Club for their daily practice as in "Attachment All attached hereto. BE IT FURTHER RESOLVED by the City Council that the Recreation and Parks Director is authorized to issue the Public Area Use Permit No. 783 for the Cal Poly Crew Club practice. PASSED AND ADOPTED by the City Council at a regular meeting held on this 26th day following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT DAVIS CITY CLERX • al.res89-94 of the City of Morro Bay of September, 1994 by the • IIATTACHMENT All RESOLUTION NO. 89-94 RECREATION AND PARKS CITY OF MORRO BAY CONDITIONS OF APPROVAL OF PUBLIC AREA USE PERMIT NO. 783 FOR CAL POLY CREW CLUB PRACTICE The following conditions are placed on the Pubic Area Use Permit No. 783 for the Cal Poly Crew Club's use of Coleman Park and the harbor: 1. A liability insurance policy endorsement (not certificate) in the amount of $1 million with an "A" rated company naming the City of Morro Bay as additional insured without offset to City's policy, as respects all operations of the named insured. 2. Water use at Coleman Park restroom is expected by Cal Poly Crew at a rate of 2 units/month [$3.96/unit for nine (9) months (academic year)]. Payment shall be made to the City for this water. • 3. Crew Club agrees to avoid any loud noises, yelling, shouting or whistling prior to 7:00 a.m. and to minimize noises in the areas of vessels or the Embarcadero prior to 7:30 a.m. In accordance with the City's noise ordinance, Crew Club shall control noises between 7:00 p.m. and 7:00 a.m. 4. Crew Club acknowledges they have the obligation and responsibility to insure they do not endanger any other vessel using the bay and/or wildlife, and will slow the crew or support boats down or take evasive action when presented with a potential conflict with other bay users. 5. Crew Club may tie up two (2) small support vessels (under 15 feet) to the unused inside portion of the Harbor Patrol Dock, with a fee waiver, on a space available basis at the discretion of the Harbor Patrol. If the Harbor Patrol desires to assign or berth any other vessel at that location, the Crew agrees to identify other mooring arrangements and relocate their vessels immediately. 6. Crew Club shall provide and pay for trash service at the Crew Club building site and clean up the building site and Coleman Park on a daily basis. • 7. Crew Club shall enhance safety and security in the bay by reporting all debris, suspicious activities, safety and/or environmental hazards in the areas of their activity to the Harbor Department. S. Crew Club is authorized to exceed the City speed limit of 5 miles per hour as listed in Morro Bay Municipal Code • 15.12.010 during all team practices from 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m. • 9. Crew Club shall provide written reports regarding Club activities to the City and shall provide City with a written complaint reporting procedure involving ASI Recreational Sports staff. Any complaints, suggestions or comments to the City shall be directed to the Harbor Department for review and/or action as may be necessary. 10. The Army Corps of Engineers and/or City Contractor performing harbor dredging will be working in the same area and shall have priority over facilities and right-of-way. 11. Crew Club has agreed to assist in doing bank mitigation for the gear storage unit. A timeline shall be determined by the Harbor Director. al/poLycrew By our signature below we indicate we understand the preceding conditions for Cal Poly Crew use of harbor at Morro Bay and Coleman Park, and accept these conditions. We further acknowledge the Cityls authority to cancel the Permit issued above and terminate Cal Poly Crew Clubs use of the harbor for practices or any special events for failure to abide any of the above conditions. Marcy Maloney Assistant Recreational Sport Director Crew Club President Date RESOLUTION NO. 88-94 A RESOLUTION OF THE CITY COUNCIL . OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING PUBLIC AREA USE PERMIT NO. 636 FOR THE 1994 HARBOR FESTIVAL XNE C I T Y C O U N C I IL City of Morro Bay, California WHEREAS, the City has worked extensively with Harbor Festival, Inc. and its predecessors for the past twelve (12) years in hosting the Harbor Festival; and, WHEREAS, Harbor Festival, Inc. has proposed holding the 1994 Harbor Festival in the vicinity of the South T-Pier, North T-Pier, Front Street Parking Lots, Morro Bay Blvd., blocks 200-400 and Embarcadero Road; and, WHEREAS, the City staff has reviewed this permit and recommends twenty (20) conditions of approval as attached and marked Exhibit "All and accepts the additional services and conditions as marked in Exhibit "B". 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. 636 for the 1994 Harbor Festival with conditions of approval as attached marked Exhibit "A" and accepts the additional • services and conditions as marked in Exhibit "B". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 26th day of September, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AAVIS CITY CLER • u/u/co issn/res88-94 • EXHIBIT "A" RECOMMENDED SITE CONDITIONS - PAUP NO. 636 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. 636. 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 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 north of Beach Street shall be closed to through traffic from 7:30 a.m. to 6:30 p.m. Embarcadero Road north of Beach Street 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. The festival shall provide a trash compactor through Morro Bay Garbage rather than the large construction -type trash dumpster that has been provided in the past. 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 September 26, 1994. 8. 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 22, 1994. 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. 17 •EXHIBIT "A" PAGE 2 10. Traffic control plans shall be approved by the Police Department prior to the event. 11. At least sixteen (16) portable toilets shall be provided at the site. 12. Set-up of the event site shall not begin until 8:00 a.m. on Thursday, September 29, 1994 in the area between the south T- Pier and the south slips and after noon September 29 in the Front Street parking lot. 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 4, 1994. Total site clean-up shall be completed by October 10, 1994 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. Exceptions must be approved by the Fire Chief. • 15. The parking lane (lane 2) on Embarcadero Road shall be used as a loading zone for 10 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, 1990 shall be approved by City Risk Manager prior to issuance of Permit No. 636. 17. Fencing will be placed bordering the Front Street parking lot and the length of the Embarcadero Road dividing strip between Beach Street and the entrance to the P.G. & E. parking lot. 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 will be encouraged to use recyclable paper products for food. 0 Ww/co issn/exibit-A EXHIBIT DOB" Harbor Festival Inc. requests the additional services and equipment be provided by the City of Morro Bay. 1. City equipment requested by HFI includes, but is not limited to: ■ 6' or 8' tables from the Veterans Memorial Building ■ Lila Keiser Park bleachers ■ Flags (6 City, 2 State, 2 United States) ■ Hand held City radios ■ 40 folding chairs from Morro Bay Community Center ■ picnic table and 2 benches from the Veterans Memorial Building. 2. Request for the City street sweeper to provide pre -festival sweep of the area prior to Friday, September 30 well as post - festival. • 3. Request permission for a helicopter to land on the property east of Coleman Drive and north of the P.G. & E. gate. 4. Requests permission to grant overnight parking at the Rock parking lot for vendors. Request to waive the no parking from 2:00 a.m. to 6:00 a.m. ordinance and Harbor Festival Inc. will provide special parking permits to vendors. 5. Request Coleman Park parking lot reserved for parking of Virg's Charter patrons, who have traditionally parked in the Crills Taffy area. Now this area is included in the Festival site. 6. Request to closing of Morro Bay Blvd., blocks 200-400 to vehicular traffic between 6:00-9:30 p.m. on Saturday, October 1, 1994 as part of the "Festival After Dark". Additionally, request permission to allow outdoor sidewalk dining from 6:00 p.m. to 9:30 p.m. Saturday, October 1, 1994 on Morro Bay Blvd., blocks 200-400. u/w/co issn/exibit-b CITY COUNCIL RESOLUTION NO, 87-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO CHAPTER IV - VISUAL RESOURCES AND SCENIC HIGHWAY ELEMENT OF MORRO BAY GENERAL PLAN CASE NO. GPA/LCP 02-91 WHEREAS, the City Council of the City of Morro Bay, California, on the 8th day of Augnxst, 1994, the 12th and 26th days of September, 1994, held duly noticed PUBLIC HEARINGS to consider the amendments to Chapter IV - Visual Resources and Scenic Highway Element of the Morro Bay General Plan and Coastal Land Use Plan; and WHEREAS, the Planning Commission of the City of Morro Bay, California, following duly noticed PUBLIC HEARINGS on the 8th day of August, 1991, the 21st day of October , 1991 the 18th day of November, 1991, the 16th day of December, 1991, the 6th day of January, 1992 the 16th day of March, 1992, the 20th day of April, 1992, the 4th day of May, 1992, the 3rd day of January, the 2nd day of May, and the 20th day of June, 1994 did adopt Resolution 01-94 recommending to the City Council adoption of the Amendments to Chapter IV - Visual Resources and Scenic Highway Element of Morro Bay General Plan and Coastal Land Use Plan; and . WHEREAS, said amendments to the Local Coastal Program have complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), and are exempt as the functional equivalent of an EIR; and WHEREAS, the proposed amendments replace previous provisions of the General Plan and Local Coastal Plan which restricted all new development on any properties which exceeded 20 percent grade and/or 200 foot elevation; and WHEREAS, at said PUBLIC HEARING, after considering the recommendations of the Planning Commissions and the testimony of all persons, if any, wishing to testify, the City Council did find the following facts to justify their action in this matter: That the scenic hillside and ridgelines within and surrounding the City are natural resources of great value to the public and City as they provide scenic beauty, define the character of the City in its rural setting and, in general, enhance the public health and welfare; and 2. That these values are recognized in existing General Plan and Local Coastal Plan policies which are intended to protect the scenic character, and are also found in the California Coastal Act; and That in order to provide an effective level of planning and regulations to retain the scenic character of the hillsides and ridgelines, it is necessary to provide for more detailed identification of these areas through the attached map and by refining existing policies further to add specific development criteria; and 11 . City Council Resolution 87-94 Page Two 4. That, although the proposed regulations are less restrictive than the previous criteria contained in General Plan program S-6.1 (LCP Policy 9.04) and Program S-7.1 (LCP Policy 9.07)„ they adequately protect the scenic hillsides and ridgetops. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: I. 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 the amendments to the General Plan and Local Coastal Plan as represented in GPA/LCP 02-91 Visual Protection Policies as attached hereto. 3. That the City Council directs the City Administrator to transmit said amendments to the State Coastal Commission and upon certification by the Coastal Commission, said regulations shall immediately become effective if they are not modified by the State Coastal Commission, PASSED, APPROVED, AND ADOPTED, on the 26th day of September, 1994, by the • following vote to wit: AYES: Crotzer, Luna, Mullen NOES: Unger, Yates ABSENT: None ATTEST: BRIDGETTWAVIS, City Clerk • HILLSIDE DEVELOPMENT STANDARDS CASE: GPA/LCP 02-91 Adopted by City Council September 12, 1994 The following Draft Hillside Development Standards were approved by the City Council on September 12, 1994 and are submitted to the State Coastal Commission for Certification as part of the City's Local Coastal Program, Land Use Plan: POLICY VR:-4 (LCP Policy 12.12) The City shall regulate development of structures, road construction, grading, and placement o1 public facilities and utilities in order to protect and retain the natural scenic beauty of the hillsides and ridgelines surrounding the City. The city shall encourage the County to adopt and apply similar and compatible policies for county areas within the City s Sphere of Influence, or surrounding the city. Program VR-4.1 (LCP Policy 12.13) 1. Hillside Development Standards: The following development standards apply to scenic hillside and ridgeline areas visible from Highways 1 and 41 within the City of Mono Bay. These regulations shall be incorporated into MBMC Chapter 17 (Zoning Ordinance). • (a) New development of structures, roads, or grading shall be limited as follows by the natural topographic conditions of each site: Proper Slone Development Elevation Restrictions Under 210 ft. elevation or further 0-20% Normal review process than 1320 feet from centerline of Highway 1 or 41. Over 20% Development prohibited Above 210 ft. elevation within 0-20% 1. If project is visible from 1320 feet of the centerline of Highway 1 or 41, Highway 1 or 41 development is prohibited. 2. If project is not visible from Highway 1 or 41, subject to normal review process. Over 20% Development prohibited . On any site within 50 ft. vertical Varies Development prohibited elevation of ridgelines or hilltops • (b) No new roads shall be constructed in the scenic viewshed area unless it is first demonstrated that existing roads, or improvements or extension to existing roads cannot be feasibly used. New road construction that must be placed on visible hills, or ridgelines shall be limited to the least visible area and/or shortest alignment, whichever will have the least adverse visual impact. No new road construction on cross slopes or slopes greater than 20% shall be permitted due to the visual impact of cuts, fill and sidecasting. (c) No new land divisions shall be approved in the scenic view shed area that do not contain adequate developable area outside of the scenic viewshed. (d) New development shall be sited and designed to protect and enhance scenic resources associated with the rural character of agricultural land. Landscape screening with appropriate native species shall he employed to screen development within the scenic viewshed. (e) Where allowable, all new hillside development and redevelopment shall be designed to fit the natural terrain. 2. Exceptions to Hillside Development Standards: If the following uses are proposed or if the following conditions exist, the Hillside Development Standards a, b, c and d in Section 1 will not be applicable. a) Public facilities and agricultural uses (excluding buildings and grading). When such • projects must be sited within the scenic viewshed, the scale of the project shall be held to the minimum necessary and the project shall be sited on the least visible area of the property which also meets other development constraints. is (b) Existing parcels of one half acre or less in size (c) Projects that may be located in a transfer of development receiving -area which may be designated by the City in the future. (d) Any slope which is the result of an eroded gully or drainage swale and is not designated as a blue -line stream by USGS. (e) Parcels which have no buildable area based upon the Hillside Development Standards. The Planning Commission may permit construction and grading on existing parcels that have no usable area outside the scenic viewshed.. New development of structures, roads, or grading shall be placed outside the scenic viewshed unless no other physically developable area is present on the parcel. 3. General Scenic Viewshed Areas: Scenic viewshed areas are generally shown on Figure VRA The figure is intended to be illustrative, not conclusive. K . Program VR-4.2 (LCP Policy 12.14) In addition to the standards set forth i— Program VR-4.1, the City should consider and implement a variety of other techniques to help protect the scenic viewshed area Among these are: (a) Prezone all territory within the adopted Sphere of Influence with 'n suitable zoning designations. (b) Apply the Planned Development combining district designation to all scenic viewshed areas as a means of establishing a thorough and flexible review procedure and in order to provide incentives for property owners to cluster development outside the scenic viewshed. (c) Investigate density bonuses as an incentive for siting future development outside the scenic viewshed. (d) Obtain open space and scenic conservation easements covering portions of properties within the scenic viewshed during approval of projects that include such areas. (e) Request the County to adopt parallel policies and standards to protect the scenic viewsheds within the County portion of the City's Sphere of Influence. (f) Request the County to establish land use controls in the scenic viewshed areas as a means of limiting development potential consistent with retention of the scenic values. • (g) Encourage and support public acquisition of casements or fee title to the Morro peaks in order to preserve these outstanding scenic landmarks in their natural condition. L (h) I n cooperation with the County, develop and adopt an integrated transfer of development credits (TDC) program designed to protect scenic viewshed, farmland and other resource lands within the City and its Sphere of Influence. This system should provide for the orderly relocation of development potential within the unincorporated portions of the City's Sphere of Influence to areas within the Urban/Rural boundary, or to other cities or urban centers within the County. 3 0 Wl: PUBLIC VIEWS FROM STATE HIGHWAY I sY `ram AND HIGHWAY 41 s"m 0 . RESOLUTION NO. 86-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING THE FY 1994-95 BUDGET TO REFLECT SALARY ADJUSTMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted a budget for FY 1994-95 on June 27, 1994; and, WHEREAS, subsequent to budget adoption, all employee units have signed agreements for salary adjustments effective July 1, 1994; and, WHEREAS, a budget adjustment is requested by the Finance Department for additional appropriation of funds in the amount of $151,352 for salary adjustments as shown in Exhibit "A"; and, WHEREAS, this increase in appropriation will be offset by the use of FY 1993- 94 Rollover Funds and Proposition 172 Funds. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the budget adjustment for FY 1994-95 for the Finance • Department and has increased the salary benefit cost as shown in Exhibit "A" to be offset by Rollover and Proposition 172 Funds. PASSED AND ADOPTED this 12th day of September, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94195 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET GENERALFUND ADMINISTRATION 10 112 110 SALARIES - REGULAR 25,744 2,438 28,182 10 112 120 SALARIES - TEMP & RESERVES 0 0 0 10 112 130 SALARIES - OVERTIME 2,000 0 2,000 10 112 151 PERS PICKUP 1,802 548 2,350 10 112 150 RETIREMENT 1,295 2,004 3,299 10 112 161 HEALTH 2,635 0 2,635 10 112 165 DISABILITY INSURANCE 101 10 111 10 112 166 MEDICARE INSURANCE 0 0 0 10 112 163 UNEMPLOYMENT INSURANCE 45 4 49 10 112 162 WORKER'S COMPENSATION 437 44 481 10 112 168 FICA INSURANCE 0 0 0 34,059 5,048 39,107 PERSONNEL 10 114 110 SALARIES - REGULAR 43,261 1,590 44,851 • 10 114 120 SALARIES - TEMP & RESERVES 0 0 0 10 114 130 SALARIES - OVERTIME 500 0 500 10 114 151 PERS PICKUP 3,028 112 3,140 10 114 150 RETIREMENT 2,177 80 2,257 10 114 161 HEALTH 6,850 0 6,850 10 114 165 DISABILITY INSURANCE 149 6 155 10 114 166 MEDICARE INSURANCE 269 9 278 10 114 163 UNEMPLOYMENT INSURANCE 71 3 74 10 114 162 WORKER'S COMPENSATION 658 26 684 10 114 168 FICA INSURANCE 0 0 0 56,963 1,826 58,789 FINANCE 10 210 110 SALARIES - REGULAR 84,158 3,683 87,841 10 210 120 SALARIES - TEMP & RESERVES 0 0 0 10 210 130 SALARIES - OVERTIME 1,200 0 1,200 10 210 151 PERS PICKUP 5,891 258 6,149 10 210 150 RETIREMENT 4,235 185 4,420 10 210 161 HEALTH 15,351 0 15,351 10 210 165 DISABILITY INSURANCE 69 (2) 67 10 210 166 MEDICARE INSURANCE 765 21 786 10 210 163 UNEMPLOYMENT INSURANCE 139 6 145 • 10 210 162 WORKER'S COMPENSATION 599 10 609 10 210 168 FICA INSURANCE 0 0 0 112,407 4,161 116,568 work/pr/6udget/fy9495/je 07-Sep-94 page A-1 EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94195 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET RECREATION ADMINISTRATION 10 310 110 SALARIES - REGULAR 49,074 3,290 52,364 10 310 120 SALARIES - TEMP & RESERVES 0 0 0 10 310 130 SALARIES - OVERTIME 0 0 0 10 310 151 PERS PICKUP 3,435 231 3,666 10 310 150 RETIREMENT 2,469 166 2,635 10 310 161 HEALTH 8,369 0 8,369 10 310 165 DISABILITY INSURANCE 134 14 148 10 310 166 MEDICARE INSURANCE 712 47 759 10 310 163 UNEMPLOYMENT INSURANCE 80 5 85 10 310 162 WORKER'S COMPENSATION 636 58 694 10 310 168 FICA INSURANCE 0 0 0 64,909 3,811 68,720 RECREATION SPORTS 10 320 110 SALARIES - REGULAR 13,684 675 14,359 • 10 320 120 SALARIES - TEMP & RESERVES 72,000 0 72,000 10 320 130 SALARIES - OVERTIME 500 0 500 10 320 151 PERS PICKUP 958 47 1,005 10 320 150 RETIREMENT 689 34 723 10 320 161 HEALTH 2,538 0 2,538 10 320 165 DISABILITY INSURANCE 0 0 0 10 320 166 MEDICARE INSURANCE 1,250 9 1,259 10 320 163 UNEMPLOYMENT INSURANCE 140 2 142 10 320 162 WORKER'S COMPENSATION 1,965 15 1,980 10 320 168 FICA INSURANCE 4,495 0 4,495 98,219 782 99,001 RECREATION FACILITY MAINTENANCE 10 350 110 SALARIES - REGULAR 132,959 4,672 137,631 10 350 120 SALARIES - TEMP & RESERVES 16,000 0 16,000 10 350 130 SALARIES - OVERTIME 1,000 0 1,000 10 350 151 PERS PICKUP 9,307 327 9,634 10 350 150 RETIREMENT 6,691 235 6,926 10 350 161 HEALTH 25,188 0 25,188 10 350 165 DISABILITY INSURANCE 0 0 0 10 350 166 MEDICARE INSURANCE 1,326 57 1,383 10 350 163 UNEMPLOYMENT INSURANCE 244 8 252 • 10 350 162 WORKER'S COMPENSATION 6,968 251 7,219 10 350 168 FICA INSURANCE 1y054 0 1.054 200,737 5,550 206,287 worklpr/budgeVfy94951je 07-Sep-94 page A-2 EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94/95 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET RECREATION CULTURAL ARTS 10 360 110 SALARIES - REGULAR 35,467 4,017 39,484 10 360 120 SALARIES - TEMP & RESERVES 46,100 0 46,100 10 360 130 SALARIES - OVERTIME 600 0 600 10 360 151 PERS PICKUP 2,483 281 2,764 10 360 150 RETIREMENT 1,785 202 1,987 10 360 161 HEALTH 7,614 0 7,614 10 360 165 DISABILITY INSURANCE 0 0 0 10 360 166 MEDICARE INSURANCE 1,191 59 1,250 10 360 163 UNEMPLOYMENT INSURANCE 134 6 140 10 360 162 WORKER'S COMPENSATION 620 31 651 10 360 168 FICA INSURANCE 2,895 0 2,895 98,889 4,596 103,485 RECREATION PARKS 10 370 110 SALARIES - REGULAR 75,151 2,128 77,279 . 10 370 120 SALARIES - TEMP & RESERVES 0 0 0 10 370 130 SALARIES - OVERTIME 500 0 500 10 370 151 PERS PICKUP 5,261 149 5,410 10 370 150 RETIREMENT 3,782 107 3,889 10 370 161 HEALTH 12,863 0 12,863 10 370 165 DISABILITY INSURANCE 56 6 62 10 370 166 MEDICARE INSURANCE 410 19 429 10 370 163 UNEMPLOYMENT INSURANCE 123 4 127 10 370 162 WORKER'S COMPENSATION 4,239 92 4,331 10 370 168 FICA INSURANCE 0 0 0 102,385 2,505 104,890 COMMUNITY DEVELOPMENT 10 410 110 SALARIES - REGULAR 260,954 11,372 272,326 10 410 120 SALARIES - TEMP & RESERVES 3,000 0 3,000 10 410 130 SALARIES - OVERTIME 2,500 0 2,500 10 410 151 PERS PICKUP 18,267 796 19,063 10 410 150 RETIREMENT 13,131 572 13,703 10 410 161 HEALTH 41,562 0 41,562 10 410 165 DISABILITY INSURANCE 684 30 714 10 410 166 MEDICARE INSURANCE 3,481 145 3,626 10 410 163 UNEMPLOYMENT INSURANCE 434 19 453 • 10 410 162 WORKER'S COMPENSATION 8,141 337 8,478 10 410 168 FICA INSURANCE 186 0 186 352,340 13,271 365,611 work/prlbudgeUfy94951je 07-Sep-94 page A-3 EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94/95 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET POLICE 10 510 110 SALARIES - REGULAR 853,557 14,052 867,609 10 510 120 SALARIES - TEMP & RESERVES 14,000 0 14,000 10 510 130 SALARIES - OVERTIME 56,000 0 56,000 10 510 151 PERS PICKUP 60,788 358 61,146 10 510 150 RETIREMENT 111,237 1,257 112,494 10 510 161 HEALTH 124,556 (846) 123,710 10 510 165 DISABILITY INSURANCE 598 (155) 443 10 510 166 MEDICARE INSURANCE 8,220 341 8,561 10 510 163 UNEMPLOYMENT INSURANCE 1,505 23 1,528 10 510 162 WORKER'S COMPENSATION 60,909 557 61,466 10 510 168 FICA INSURANCE 868 0 868 1,292,238 15,587 1,307,825 FIRE 10 610 110 SALARIES - REGULAR 419,442 32,973 452,415 10 610 120 SALARIES - TEMP & RESERVES 26,500 0 26,500 10 610 130 SALARIES - OVERTIME 35,000 0 35,000 10 610 151 PERS PICKUP 30,170 2,429 32,599 10 610 150 RETIREMENT 60,895 4,805 65,700 10 610 161 HEALTH 46,526 0 46,526 10 610 165 DISABILITY INSURANCE 239 35 274 10 610 166 MEDICARE INSURANCE 3,051 189 3,240 10 610 163 UNEMPLOYMENT INSURANCE 784 54 838 10 610 162 WORKER'S COMPENSATION 30,848 2,113 32,961 10 610 168 FICA INSURANCE 1,643 0 1.643 655,098 42,598 697,696 FIRE DISASTER PREPAREDNESS 10 620 110 SALARIES - REGULAR 48,208 3,947 52,155 10 620 120 SALARIES - TEMP & RESERVES 0 0 0 10 620 130 SALARIES - OVERTIME 0 0 0 10 620 151 PERS PICKUP 3,644 317 3,961 10 620 150 RETIREMENT 6,569 545 7,114 10 620 161 HEALTH 4,424 0 4,424 10 620 165 DISABILITY INSURANCE 80 11 91 10 620 166 MEDICARE INSURANCE 0 0 0 10 620 163 UNEMPLOYMENT INSURANCE 79 6 85 10 620 162 WORKER'S COMPENSATION 2,805 235 3,040 10 620 168 FICA INSURANCE 0 0 0 65,809 5,061 70,870 worklpr/6udgeVfy9495fje 07-Sep-94 page A-4 EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94195 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET • • ENGINEERING & ADMINISTRATION 10 710 110 SALARIES - REGULAR 40,912 747 41,659 10 710 120 SALARIES - TEMP & RESERVES 0 0 0 10 710 130 SALARIES - OVERTIME 2,800 0 2,800 10 710 151 PERS PICKUP 2,864 52 2,916 10 710 150 RETIREMENT 2,059 37 2,096 10 710 161 HEALTH 6,290 0 6,290 10 710 165 DISABILITY INSURANCE 66 0 66 10 710 166 MEDICARE INSURANCE 241 5 246 10 710 163 UNEMPLOYMENT INSURANCE 71 1 72 10 710 162 WORKER'S COMPENSATION 1,010 14 1,024 10 710 168 FICA INSURANCE 0 0 0 56,313 856 57,169 PROPERTY MAINTENANCE 10 723 110 SALARIES - REGULAR 64,092 3,058 67,150 10 723 120 SALARIES - TEMP & RESERVES 0 0 0 10 723 130 SALARIES -OVERTIME 1,000 0 1,000 10 723 151 PIERS PICKUP 4,436 214 4,650 10 723 150 RETIREMENT 3,189 154 3,343 10 723 161 HEALTH 11,116 0 11,116 10 723 165 DISABILITY INSURANCE 0 0 0 10 723 166 MEDICARE INSURANCE 606 20 626 10 723 163 UNEMPLOYMENT INSURANCE 105 6 111 10 723 162 WORKER'S COMPENSATION 3,958 186 4,144 10 723 168 FICA INSURANCE 0 0 0 88,502 3,638 92,140 TOTAL GENERAL FUND 3,278,868 109,290 3,388,158 worldprroudgeufy9495re 07-Sep-94 page A-5 EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94/95 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET BAYSHORE FUND 22 371 110 SALARIES - REGULAR 12,473 293 12,766 22 371 120 SALARIES - TEMP & RESERVES 0 0 0 22 371 130 SALARIES - OVERTIME 0 0 0 22 371 151 PERS PICKUP 873 21 894 22 371 150 RETIREMENT 628 14 642 22 371 161 HEALTH 2,195 0 2,195 22 371 165 DISABILITY INSURANCE 5 0 5 22 371 166 MEDICARE INSURANCE 167 3 170 22 371 163 UNEMPLOYMENT INSURANCE 20 1 21 22 371 162 WORKER'S COMPENSATION 727 15 742 22 371 168 FICA INSURANCE 0 0 0 TOTAL BAYSHORE FUND 17,088 347 17,435 TRANSIT FUND 111 770 110 SALARIES - REGULAR 34,170 251 34,421 • 111 111 770 770 120 130 SALARIES - TEMP & RESERVES SALARIES - OVERTIME 0 0 0 0 0 0 111 770 151 PERS PICKUP 2,392 17 2,409 111 770 150 RETIREMENT 1,719 13 1,732 111 770 161 HEALTH 4,573 0 4,573 111 770 165 DISABILITY INSURANCE 171 0 171 111 770 166 MEDICARE INSURANCE 48 1 49 111 770 163 UNEMPLOYMENT INSURANCE 56 0 56 111 770 162 WORKER'S COMPENSATION 977 15 992 111 770 168 FICA INSURANCE 0 0 0 TOTAL TRANSIT FUND 44,106 297 44,403 STREETS FUND 120 730 110 SALARIES - REGULAR 153,130 4,613 157,743 120 730 120 SALARIES - TEMP & RESERVES 0 0 0 120 730 130 SALARIES - OVERTIME 3,000 0 3,000 120 730 151 PERS PICKUP 10,719 323 11,042 120 730 150 RETIREMENT 7,706 232 7,938 120 730 161 HEALTH 26,649 0 26,649 120 730 165 DISABILITY INSURANCE 0 0 0 120 730 166 MEDICARE INSURANCE 861 42 903 120 730 163 UNEMPLOYMENT INSURANCE 254 8 262 • 120 120 730 730 162 168 WORKER'S COMPENSATION FICA INSURANCE 9,493 0 280 0 9,773 0 TOTAL STREETS FUND 211,812 5,498 217,310 work/pr/budgeWy9495/je 07-Sep-94 page A-$ EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94/95 BUDGET - PERSONNEL COSTS . (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET WATER FUND ADMINISTRATION 311 151 110 SALARIES - REGULAR 50,509 4,865 55,374 311 151 120 SALARIES - TEMP & RESERVES 0 0 0 311 151 130 SALARIES - OVERTIME 0 0 0 311 151 151 PERS PICKUP 3,536 1,127 4,663 311 151 150 RETIREMENT 2,542 4,162 6,704 311 151 161 HEALTH 4,980 0 4,980 311 151 165 DISABILITY INSURANCE 210 22 232 311 151 166 MEDICARE INSURANCE 0 0 0 311 151 163 UNEMPLOYMENT INSURANCE 82 8 90 311 151 162 WORKER'S COMPENSATION 877 92 969 311 151 168 FICA INSURANCE 0 0 0 62,736 10,276 73,012 PERSONNEL 311 152 110 SALARIES - REGULAR 9,318 342 9,660 • 311 152 120 SALARIES - TEMP & RESERVES 0 0 0 311 152 130 SALARIES - OVERTIME 0 0 0 311 152 151 PERS PICKUP 652 24 676 311 152 150 RETIREMENT 469 17 486 311 152 161 HEALTH 1,475 0 1,475 311 152 165 DISABILITY INSURANCE 32 1 33 311 152 166 MEDICARE INSURANCE 56 2 58 311 152 163 UNEMPLOYMENT INSURANCE 15 1 16 311 152 162 WORKER'S COMPENSATION 141 6 147 311 152 168 FICA INSURANCE 0 0 0 12,158 393 12,551 FINANCE 311 250 110 SALARIES - REGULAR 46,565 1,765 48,330 311 250 120 SALARIES - TEMP & RESERVES 0 0 0 311 250 130 SALARIES - OVERTIME 0 0 0 311 250 151 PERS PICKUP 3,260 123 3,383 311 250 150 RETIREMENT 2,343 89 2,432 311 250 161 HEALTH 9,316 0 9,316 311 250 165 DISABILITY INSURANCE 69 (2) 67 311 250 166 MEDICARE INSURANCE 263 (2) 261 311 250 163 UNEMPLOYMENT INSURANCE 76 3 79 311 250 162 WORKER'S COMPENSATION 424 2 426 • 311 250 168 FICA INSURANCE 0 0 0 62,316 1,978 64,294 work/pr/budgetlfy9495/je 07-Sep-94 page A-7 . EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94/95 BUDGET - PERSONNEL COSTS (1) (2) (3) (4) ADOPTED ADJUST- ACCOUNT DESCRIPTION BUDGET MENT (5) (3 + 4) REVISED BUDGET ENGINEERING & ADMIN/VEHICLE MAINT 311 755 110 SALARIES - REGULAR 121,394 2,632 124,026 311 755 120 SALARIES - TEMP & RESERVES 0 0 0 311 755 130 SALARIES - OVERTIME 0 0 0 311 755 151 PERS PICKUP 8,498 184 8,682 311 755 150 RETIREMENT 6,109 132 6,241 311 755 161 HEALTH 18,357 0 18,357 311 755 165 DISABILITY INSURANCE 246 4 250 311 755 166 MEDICARE INSURANCE 431 9 440 311 755 163 UNEMPLOYMENT INSURANCE 198 4 202 311 755 162 WORKER'S COMPENSATION 2,664 66 2,730 311 755 168 FICA INSURANCE 0 0 0 157,897 3,031 160,928 OPERATIONS 311 750 110 SALARIES - REGULAR 182,618 5,908 188,526 311 750 120 SALARIES - TEMP & RESERVES 0 0 0 311 750 130 SALARIES - OVERTIME 9,000 0 9,000 • 311 750 151 PERS PICKUP 12,272 414 12,686 311 750 150 RETIREMENT 8,822 297 9,119 311 750 161 HEALTH 28,995 0 28,995 311 750 165 DISABILITY INSURANCE 0 0 0 311 750 166 MEDICARE INSURANCE 1,036 13 1,049 311 750 163 UNEMPLOYMENT INSURANCE 312 10 322 311 750 162 WORKER'S COMPENSATION 11,650 360 12,010 311 750 168 FICA INSURANCE 0 0 0 254,705 7,002 261,707 TOTAL WATER FUND 549,812 22,680 572,492 SEWER FUND ADMINISTRATION 321 140 110 SALARIES - REGULAR 4,041 389 4,430 321 140 120 SALARIES - TEMP & RESERVES 0 0 0 321 140 130 SALARIES - OVERTIME 0 0 0 321 140 151 PERS PICKUP 283 90 373 321 140 150 RETIREMENT 203 333 536 321 140 161 HEALTH 398 0 398 321 140 165 DISABILITY INSURANCE 17 2 19 321 140 166 MEDICARE INSURANCE 0 0 0 321 140 163 UNEMPLOYMENT INSURANCE 7 0 7 . 321 140 162 WORKER'S COMPENSATION 70 8 78 321 140 168 FICA INSURANCE 0 0 0 5,019 822 5,841 work/pdbudgetlfy9495/je 07-Sep-94 page A-8 EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94195 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET PERSONNEL 321 141 110 SALARIES - REGULAR 2,662 98 2,760 321 141 120 SALARIES - TEMP & RESERVES 0 0 0 321 141 130 SALARIES - OVERTIME 0 0 0 321 141 151 PERS PICKUP 186 7 193 321 141 150 RETIREMENT 134 5 139 321 141 161 HEALTH 422 0 422 321 141 165 DISABILITY INSURANCE 9 1 10 321 141 166 MEDICARE INSURANCE 16 1 17 321 141 163 UNEMPLOYMENT INSURANCE 4 0 4 321 141 162 WORKER'S COMPENSATION 40 2 42 321 141 168 FICA INSURANCE 0 0 0 3,473 114 3,587 FINANCE 321 240 110 SALARIES - REGULAR 33,849 1,490 35,339 321 240 120 SALARIES - TEMP & RESERVES 0 0 0 321 240 130 SALARIES - OVERTIME 0 0 0 • 321 240 151 PERS PICKUP 2,369 105 2,474 321 240 150 RETIREMENT 1,703 75 1,778 321 240 161 HEALTH 7,176 0 7,176 321 240 165 DISABILITY INSURANCE 42 (2) 40 321 240 166 MEDICARE INSURANCE 139 (1) 138 321 240 163 UNEMPLOYMENT INSURANCE 55 3 58 321 240 162 WORKER'S COMPENSATION 281 3 284 321 240 168 FICA INSURANCE 0 0 0 45,614 1,673 47,287 ENGINEERING & ADMINIVEHICLE MAINT 321 735 110 SALARIES -REGULAR 41,660 1,052 42,712 321 735 120 SALARIES - TEMP & RESERVES 0 0 0 321 735 130 SALARIES - OVERTIME 0 0 0 321 735 151 PERS PICKUP 2,916 74 2,990 321 735 150 RETIREMENT 2,096 53 2,149 321 735 161 HEALTH 6,837 0 6,837 321 735 165 DISABILITY INSURANCE 32 1 33 321 735 166 MEDICARE INSURANCE 217 6 223 321 735 163 UNEMPLOYMENT INSURANCE 68 2 70 321 735 162 WORKER'S COMPENSATION 1,027 32 1,059 321 735 168 FICA INSURANCE 0 0 0 • 54,853 1,220 56,073 work/prlbudgeUfy9495/je 07-Sep-94 page A-9 EXHIBIT W CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94/95 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET OPERATIONS 321 742 110 SALARIES - REGULAR 65,777 1,246 67,023 321 742 120 SALARIES - TEMP & RESERVES 0 0 0 321 742 130 SALARIES - OVERTIME 2,000 0 2,000 321 742 151 PERS PICKUP 4,093 88 4,181 321 742 150 RETIREMENT 2,943 62 3,005 321 742 161 HEALTH 10,152 0 10,152 321 742 165 DISABILITY INSURANCE 0 0 0 321 742 166 MEDICARE INSURANCE 572 13 585 321 742 163 UNEMPLOYMENT INSURANCE 110 3 113 321 742 162 WORKER'S COMPENSATION 4,121 76 4,197 321 742 168 FICA INSURANCE 0 0 0 89,768 1,488 91,256 TOTAL SEWER FUND 198,727 5,317 204,044 WASTEWATER TREATMENT PLANT FUND • 921 ADMINISTRATION 145 110 SALARIES - REGULAR 7,071 681 7,752 921 145 120 SALARIES - TEMP & RESERVES 0 0 0 921 145 130 SALARIES - OVERTIME 0 0 0 921 145 151 PERS PICKUP 495 158 653 921 145 150 RETIREMENT 356 583 939 921 145 161 HEALTH 697 0 697 921 145 165 DISABILITY INSURANCE 29 4 33 921 145 166 MEDICARE INSURANCE 0 0 0 921 145 163 UNEMPLOYMENT INSURANCE 12 1 13 921 145 162 WORKER'S COMPENSATION 123 13 136 921 145 168 FICA INSURANCE 0 0 0 8,783 1,440 10,223 PERSONNEL 921 146 110 SALARIES - REGULAR 4,659 171 4,830 921 146 120 SALARIES - TEMP & RESERVES 0 0 0 921 146 130 SALARIES - OVERTIME 0 0 0 921 146 151 PERS PICKUP 326 12 338 921 146 150 RETIREMENT 234 9 243 921 146 161 HEALTH 738 0 738 921 146 165 DISABILITY INSURANCE 16 1 17 921 146 166 MEDICARE INSURANCE 28 1 29 921 146 163 UNEMPLOYMENT INSURANCE 8 0 8 • 921 146 162 WORKER'S COMPENSATION 71 2 73 921 146 168 FICA INSURANCE 0 0 0 6,080 196 6,276 work/prlbudgel/ty9495/je 07—Sep-94 page A-10 EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94/95 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET FINANCE 921 241 110 SALARIES - REGULAR 14,414 69 14,483 921 241 120 SALARIES - TEMP & RESERVES 0 0 0 921 241 130 SALARIES - OVERTIME 0 0 0 921 241 151 PERS PICKUP 1,009 5 1,014 921 241 150 RETIREMENT 725 4 729 921 241 161 HEALTH 2,149 0 2,149 921 241 165 DISABILITY INSURANCE 55 (1) 54 921 241 166 MEDICARE INSURANCE 136 (4) 132 921 241 163 UNEMPLOYMENT INSURANCE 23 1 24 921 241 162 WORKER'S COMPENSATION 237 (5) 232 921 241 168 FICA INSURANCE 0 0 0 18,748 69 18,817 ENGINEERING & ADMIN/VEHICLE MAINT 921 745 110 SALARIES - REGULAR 29,605 685 30,290 921 745 120 SALARIES - TEMP & RESERVES 0 0 0 921 745 130 SALARIES - OVERTIME 0 0 0 • 921 745 151 PERS PICKUP 2,072 48 2,120 921 745 150 RETIREMENT 1,490 34 1,524 921 745 161 HEALTH 4,512 0 4,512 921 745 165 DISABILITY INSURANCE 65 1 66 921 745 166 MEDICARE INSURANCE 87 2 89 921 745 163 UNEMPLOYMENT INSURANCE 48 1 49 921 745 162 WORKER'S COMPENSATION 554 15 569 921 745 168 FICA INSURANCE 0 0 0 38,433 786 39,219 OPERATIONS 921 743 110 SALARIES - REGULAR 249,733 (10,335) 239,398 921 743 120 SALARIES - TEMP & RESERVES 0 0 0 921 743 130 SALARIES - OVERTIME 7,000 0 7,000 921 743 151 PERS PICKUP 16,970 (723) 16,247 921 743 150 RETIREMENT 12,199 (520) 11,679 921 743 161 HEALTH 35,726 (1,564) 34,162 921 743 165 DISABILITY INSURANCE 287 (5) 282 921 743 166 MEDICARE INSURANCE 2,459 (151) 2,308 921 743 163 UNEMPLOYMENT INSURANCE 418 (16) 402 921 743 162 WORKER'S COMPENSATION 15,609 (628) 14,981 921 743 168 FICA INSURANCE 0 0 0 . 340,401 (13,942) 326,459 TOTAL WASTEWATER TREATMENT PLANT FUND 412,445 (11,451) 400,994 work/pr/6udgetl"4951je 07-Sep-94 page A-11 EXHIBIT "A" CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94/95 BUDGET - PERSONNEL COSTS • (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET • HARBOR FUND 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 331 ADMINISTRATION 160 110 SALARIES - REGULAR 13,653 1,357 15,010 160 120 SALARIES - TEMP & RESERVES 0 0 0 160 130 SALARIES - OVERTIME 0 0 0 160 151 PERS PICKUP 956 331 1,287 160 150 RETIREMENT 687 1,244 1,931 160 161 HEALTH 1,250 0 1,250 160 165 DISABILITY INSURANCE 63 7 70 160 166 MEDICARE INSURANCE 0 0 0 160 163 UNEMPLOYMENT INSURANCE 22 2 24 160 162 WORKER'S COMPENSATION 256 28 284 160 168 FICA INSURANCE 0 0 0 16,887 2,969 19,856 PERSONNEL 161 110 SALARIES - REGULAR 6,656 244 6,900 161 120 SALARIES - TEMP & RESERVES 0 0 0 161 130 SALARIES - OVERTIME 0 0 0 161 151 PERS PICKUP 466 17 483 161 150 RETIREMENT 335 12 347 161 161 HEALTH 1,054 0 1,054 161 165 DISABILITY INSURANCE 23 1 24 161 166 MEDICARE INSURANCE 40 2 42 161 163 UNEMPLOYMENT INSURANCE 11 0 11 161 162 WORKER'S COMPENSATION 101 4 105 161 168 FICA INSURANCE 0 0 0 8,686 280 8,966 FINANCE 260 110 SALARIES - REGULAR 15,186 289 15,475 260 120 SALARIES - TEMP & RESERVES 0 0 0 260 130 SALARIES - OVERTIME 0 0 0 260 151 PERS PICKUP 1,063 20 1,083 260 150 RETIREMENT 764 15 779 260 161 HEALTH 2,450 0 2,450 260 165 DISABILITY INSURANCE 42 (2) 40 260 166 MEDICARE INSURANCE 139 (1) 138 260 163 UNEMPLOYMENT INSURANCE 25 0 25 260 162 WORKER'S COMPENSATION 197 (2) 195 260 168 FICA INSURANCE 0 0 0 19,866 319 20,185 work/pdbudgeVfy9495fje 07-Sep-94 page A-12 EXHIBIT "A" u • J CITY OF MORRO BAY SCHEDULE OF ADJUSTMENTS TO FINAL 94/95 BUDGET - PERSONNEL COSTS (1) (2) (3) (4) (5) (3 + 4) ADOPTED ADJUST- REVISED ACCOUNT DESCRIPTION BUDGET MENT BUDGET RECREATION ADMIN/PARKS 331 351 110 SALARIES -REGULAR 40,014 1,595 41,609 331 351 120 SALARIES - TEMP & RESERVES 0 0 0 331 351 130 SALARIES - OVERTIME 0 0 0 331 351 151 PIERS PICKUP 2,801 112 2,913 331 351 150 RETIREMENT 2,014 80 2,094 331 351 161 HEALTH 7,748 0 7,748 331 351 165 DISABILITY INSURANCE 49 5 54 331 351 166 MEDICARE INSURANCE 376 17 393 331 351 163 UNEMPLOYMENT INSURANCE 65 3 68 331 351 162 WORKER'S COMPENSATION 2,119 65 2,184 331 351 168 FICA INSURANCE 0 0 0 55,186 1,877 57,063 OPERATIONS 331 810 110 SALARIES -REGULAR 241,606 11,906 253,512 331 810 120 SALARIES - TEMP & RESERVES 44,300 0 44,300 331 810 130 SALARIES - OVERTIME 3,200 0 3,200 331 810 151 PIERS PICKUP 16,401 834 17,235 331 810 150 RETIREMENT 11,790 599 12,389 331 810 161 HEALTH 36,485 0 36,485 331 810 165 DISABILITY INSURANCE 539 38 577 331 810 166 MEDICARE INSURANCE 2,627 118 2,745 331 810 163 UNEMPLOYMENT INSURANCE 471 20 491 331 810 162 WORKER'S COMPENSATION 12,967 414 13,381 331 810 168 FICA INSURANCE 2,747 0 2,747 373,133 13,929 387,062 TOTAL HARBOR FUND 473,768 19,374 493,132 GRAND TOTAL 5,186,616 151,352 5,337,968 COUNCIL ADOPTS FIGURES ARE DIRECT FROM BUDGET WORKPAPERS. FINAL IS FROM SALARY FINAL LABOR DISTRIBUTION SCHEDULES: LBRFINA, LBRFINB, LBRFINC. worklpr/budget/fy9495/je 07-Sep-94 page A-13 RESOLUTION NO. 85-94 RESOLUTION DECLINING INVITATION TO PARTICIPATE IN THE NACIMIENTO WATER SUPPLY PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has participated in the Nacimiento Water Supply Project as a supplemental potable water resource option; and WHEREAS, the citizens of Morro Bay have decided to participate in the State Water Project as the primary future supplemental resource; and WHEREAS, participation in the State Water Project results in the obligation of financial resources of the community which make it economically unfeasible to participate in an additional supplemental resource of the magnitude of the Nacimiento Water Supply Project; and WHEREAS, it is incumbent upon the City Council to make financial decisions in the best interests of the community. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the City of Morro Bay hereby declines future participation in the Nacimiento Water Supply Project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 12th day of September, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Crotzer, Luna, Mullen, Unger, Yates None None None ATTEST: c BRIDGETn DAVIS, City Clerk • dr:mter:res85-94 SH LUIS OBISPO COUOTY DEPARTMENT COUNTY GOVERNMENT CENTER • ROOM 207 • SAN LUIS OBISPO, CALIFORNIA 93408 CLINTON MILNE PHONE (B05) 781-5252 • FAX (805) 781-1229 COUNTY ENGINEER GLEN L. PRIDDY DE YUTY COUNTY ENGINEER ENGINEERING SERVICES NOEL KING DEPUTY COUNTY ENGINEER ADMINISTRATION RECEIVED August 5, 1994 AUG 8 a 1994 DEPT OF PUBLIC WORKS Bill Boucher, Public Works Director CITY OF MORRO BAY City of Morro Bay 595 Harbor St Morro Bay CA 93442 ROADS TRANSIT FLOOD CONTROL WATER CONSERVATION COUNTY SURVEYOR SPECIAL DISTRICTS Subject: Invitation to enter into the enclosed "Nacimiento Project Preliminary Engineering and Environmental Impact Report Reservation and Participation Agreement" 3( Lt- Dear: Mr. cher: • Enclosed for consideration by your agency is the agreement that will continue your participation in the Nacimiento Water Supply Project. Your agency participated in the Preliminary Evaluation of the Project. The tasks that are covered by this agreement are the Preliminary Engineering and the Environmental Impact Report. Should interest continue and the Project remain feasible after these tasks are completed, future permanent agreements will be necessary to implement the Final Design, Construction, and Operation of the Project. The work under this agreement is expected to take approximately two years to complete and has an estimated cost of $1,050,000 plus staff time and overhead. The agreement calls for all costs to be borne by the participants proportionally according to the of amount their water entitlement reservation. The enclosed Draft Exhibit A shows our current estimate of project participation. The actual level of continued participation will not be known until all agreements are returned by the invited agencies. When the agreements are returned, a Final Exhibit A will be prepared for presentation to the District Board of Supervisors for approval along with the executed agreements. The agreement is very similar to the agreement for the Preliminary Evaluation phase of the project. The most substantial difference is that there is no provision in this agreement for payment of refunds to agencies that have a reduction in their entitlement at a future date. • This is true whether entitlement reservation is reduced at the request of the agency, or is reduced or eliminated by the Flood Control District Board of Supervisors. • Please be aware that the total water entitlement requested by agencies being invited to continue their participation in the Project, constitutes a forty-two percent over -subscription of the water available to the District. This means that there will be a reduction of requested water reservations unless participants reduce their requests or drop out of final participation as only 16,200 AFY of water is available. The agreement also provides that the District will establish a Nacimiento Participants Advisory Committee. The duties of this committee will be to: advise the District on the selection of professional consultants; assist, review and advise on the work being completed by the consultants; and, prepare a report to the District communicating the committee's findings, conclusions and recommendations regarding the completion of the project Preliminary Engineering and Environmental Impact Report. Each agency entering an agreement will have the right to participate in the advisory committee. Your agency should refer to the Preliminary Evaluation for the Nacimiento Water Supply Project prepared by Boyle Engineering Corporation, dated May 1994, in evaluating your decision to continue you participation in the Project. This report will give you information on the potential cost to your agency and the Project time schedule. Please return the agreement, executed by your agency, by September 15, 1994. • Sincerely, _b �' -';� a';tA GLEN L. PRIDDY Deputy County Engineer - Engineering Services Enclosure File: Dam/Nacimiento Water Supply Project m:Uean ne\g1 pinacphiii.ltr • NACIMIENTO PROJECT PRELIMINARY ENGINEERING AND ENVIRONMENTAL IMPACT REPORT RESERVATION AND PARTICIPATION AGREEMENT This Agreement between the San Luis Obispo County Flood Control and Water Conservation District ("District"), and City of Morro Bay ("Agency"). WITNESSETH: WHEREAS, the District, and the Monterey County Flood Control and Water Conservation District (now the Monterey County Water Resources Agency) on October 19, 1959, made and entered into an agreement which agreement assures the District a perpetual supply of 17,500 acre-feet per year of water from the Nacimiento Reservoir; and WHEREAS, of the said 17,500 acre-feet per year of District's water supply from the • Nacimiento Reservoir, the District's present policy is to use, in the vicinity of the Nacimiento Reservoir, 1300 acre-feet per year; and WHEREAS, of the said 17,500 acre-feet per year of District's water supply from the Nacimiento Reservoir, the District has studied the reliability and the feasibility of a project to deliver up to 16,200 acre-feet per year to communities and other users within the County of San Luis Obispo in the form of a Feasibility Study and Preliminary Evaluation ("Preliminary Evaluation") as approved by the San Luis Obispo County Flood Control and Water Conservation District Board on June 7, 1994; and WHEREAS, the District completed and considered the results of the Preliminary Evaluation, and the District has determined to proceed with additional, necessary feasibility, environmental, and engineering reviews and studies to define and undertake a • Preliminary Engineering and an Environmental Impact Report; and • WHEREAS, the District now intends to complete and consider the conclusions and recommendations of a Preliminary Engineering and Environmental Impact Report, which Reports will also address possible methods of financing a project or projects to deliver water to participating communities; and WHEREAS, after completion of the Preliminary Engineering and Environmental Impact Report, the District, in the District's sole discretion, may determine to proceed with any and/or all other necessary studies to define, finance and do the final design for construction and operation of the District's Nacimiento Project ("District's Nacimiento Project"); and WHEREAS, if the District does determine to define and implement a Nacimiento Project, as described above, said determination will not preclude evaluation and analysis • by the District of alternative lead agency considerations, such as, but not limited to, a Joint Power Authority (JPA); and WHEREAS, the Agency desires to have the right to elect to participate in the District's Nacimiento Project if the District, in the District's sole discretion, determines to define, design, finance, construct and operate the District's Nacimiento Project or, in the alternative, decides that a Joint Powers Authority is the appropriate agency for financing and implementing a project(s), and if the District, in the District's sole discretion, determines that the participation of the Agency is consistent with the economic, environmental, operational, legal and other goals and standards of the District's Nacimiento Project as it is ultimately defined in the Preliminary Engineering and Environmental Impact Report and other necessary studies and approved by the District; and -2- • WHEREAS, the Agency will be requested to advise to the District in the District's selection and overview of a responsible and qualified professional consultant(s) to undertake and complete the Preliminary Engineering and the Environmental Impact Report. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between District and Agency as follows: 1. The Agency and District agree that the District intends, and shall have the right, to enter into agreements, substantially similar to this Agreement, with other parties and agencies who desire to participate in the study of District's Nacimiento Project. 2. The Agency hereby requests that the District, in preparing the Preliminary Engineering and Environmental Impact Report, describe the Agency's participation in the District's Nacimiento Project to be in the amount of acre-feet per year of water from the District's Nacimiento Project ("Agency Amount"), subject to the following: a. In making this request, the Agency acknowledges that the District is not bound by this request or by this Agreement to deliver or reserve for the Agency any particular amount of water or, any water whatsoever, from District's rights to water from the Nacimiento Reservoir in the event that the District, in the District's sole discretion: (1) determines to not proceed with the District's Nacimiento Project; or, (2) determines to proceed with the District's Nacimiento Project but in an amount less than the full amount of 16,200 acre-feet per year. b. In making this request, the Agency acknowledges that the District has the complete right to define the District's Nacimiento Project such that the Project is • constituted in a manner that the District determines to be the optimum project when the -3- • environmental, economic, engineering, operating, legal and other significant factors of the Project are considered. In this context, the Agency acknowledges that it is possible that the District will define the District's Nacimiento Project such that the Agency will not be allowed by the District to participate in the Agency Amount or, at all. C. The Agency also acknowledges and agrees that in the event that the District, in the District's sole discretion, determines not to proceed with the District's Nacimiento Project that the Agency will not be entitled to any reimbursement of any moneys paid by the Agency to the District under this Agreement, to the extent that the District has expended or committed to spend those moneys under the terms of this Agreement, it being further understood that if there are any said moneys paid by the Agency to the District under this Agreement which are unexpended and which are not committed to be spent at the time the District determines not to proceed with the District's Nacimiento Project, then said unexpended and uncommitted moneys shall be returned to the Agency by the District. 3. The District and the Agency acknowledge that the District, on June 7, 1994, completed the Preliminary Evaluation for the District's Nacimiento Project in accordance with that certain "Agreement for Professional Engineering Services for Preliminary Evaluation for a Water Distribution System for the San Luis Obispo County Flood Control and Water Conservation District", dated June 9, 1992, by and between District and Boyle Engineering Corporation. 4. The District and the Agency acknowledge that the District, in considering the results, conclusions, and recommendations of the Preliminary Evaluation has determined • that the continuing participation of the Agency in the Preliminary Engineering and • Environmental Impact Report is consistent with the economic, environmental, legal, operational and other goals and standards of the District with respect to a future District Nacimiento Project. If and when the District's Nacimiento Project is ultimately defined by the District as including participation by the Agency, the Agency shall have the right to elect to participate in the District's Nacimiento Project subject to all of the following terms and conditions: a. That the Agency shall participate in the District's Nacimiento Project in an amount defined by the District and requested by the Agency, but not more than the Agency Amount, and subject to the approval and final determination by the District. b. That the Agency is not in default as to any term or condition of this Agreement. • 5. The District shall establish a Nacimiento Participants Advisory Committee (NPAC) which the Agency shall have the right to participate in and which shall be established to: a. Advise the District on the selection of a responsible and qualified professional consultant(s) to undertake and complete the Preliminary Engineering and the Environmental Impact Report; b. Assist, review, and advise on the work being completed with the District's consultant(s); and C. Report to the District, in a separate report, the NPAC's findings conclusions and recommendations resulting from the completion of the Preliminary En40 gineering and Environmental Impact Report. -5- . 6. The Agency agrees to pay to District the Agency's share of all reasonable costs and expenses incurred by the District under this Agreement, including District staff time and overhead, for the District's Preliminary Engineering and Environmental Impact Report. The amount that the Agency shall pay to District (the Agency's share) shall be the sum of: a. The Agency's proportional share of the actual costs of the Preliminary Engineering and Environmental Impact Report (estimated at $1,050,000) divided by the sum of all Agency Amounts ( AF), multiplied by the Agency Amount, as shown in Exhibit A attached hereto. b. The Agency's proportional share of the District's actual Overhead and Contingency Costs, (estimated to not exceed 20% of the Preliminary Engineering and • Environmental Impact Report cost); (estimated at $210,000) divided by the sum of all Agency Amounts ( AF), multiplied by the Agency Amount, as shown in Exhibit A attached hereto. 7. The District shall establish a reserve account from which the District shall make payments for the District's Preliminary Engineering Evaluation and Environmental Impact Report for the District's future Nacimiento Project. The Agency shall, within 30 days of the execution of this Agreement by District, pay to District an initial sum representing 20% of the Agency's total share of the costs as provided for under 6a and 6b, which District shall place into the said reserve account. The District shall notify the Agency in accordance with Billing and Payment schedules as to be defined in certain Preliminary Engineering and Environmental Impact • Report contracts for such services. The District shall so notify the Agency and Agency . shall within 30 days of receipt of said notice pay to District said amounts required by District. The District shall, on a quarterly basis, provide to Agency an accounting of the transactions and status of the reserve account. 8. The term of this Agreement shall be five years from the date of execution hereof, except that: a. In the event that the District determines that the District will not proceed with the Nacimiento Project, the District may terminate this Agreement by giving ninety days advance written notice to Agency. b. In the event of early termination by the District of this agreement any unexpended funds provided by Agency shall be refunded to Agency. 9. Any notice or other communication required by or convenient to this Agreement may be made by first class mail addressed as follows: To DISTRICT: Attn County Engineer San Luis Obispo County Flood Control and Water Conservation District Engineering Department, Room 207 San Luis Obispo, CA 93408 Phone (805) 781-5252, Fax (805) 781-1229 To AGENCY: Bill Boucher, Public Works Director City of Morro Bay 595 Harbor St Morro Bay CA 93442 -7- • Executed this _ day of ATTEST: ATTEST: AGENCY: City of Morro Bay 1994, at San Luis Obispo, California. SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT COUNTY OF SAN LUIS OBISPO By: Chairperson of the Board of Supervisors Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR, County Counsel m Deputy County Counsel Dated: m Acatrin allgglnac8-2. ag r EXHIBIT A NACIMIENTO RESERVATION AGREEMENT ESTIMATE OF COSTS TO PARTICIPATE IN PRELIMINARY ENGINEERING AND ENVIRONMENTAL IMF Agency Agency Agency F Amount Share of AFY Preliminary ` C Engineering aind,EIR Afuera de Chorro Mutual Water Co 32 , Atascadero Mutual Water Company 3000 Cal Cities/Los Osos 3Qp Cambria Community Services District 200 City of El Paso de Robles 40O(t City of Morro Bay 1895 City of Pismo Beach '• ;e =' 1000 41 as City of San Luis Obispo j 5t15 r. County,Ser+rice Area No 9A t ms Osos 300 U "REPORT Agency Total(Cost No�,i Mfo erty Owpdrs , :___ 890 Airport Mutual Water d;rIn: 80 a Valleylytutualifater Company `=f FFiero 955 Lane Water Company; 100 o Rock Mutual Wafer06mpany 44 Qak Shores Community Association 390 Qak Shores Development Company 300 'Paso Robles beach Water Association 30 $An Sllllawn Comm. Serv. Dist. 200 Santa Margarita Ranch Mutual Water Co. 600 Templeton Community Services District 1620 Waterworks Dist. No. 6/Santa Margarita 100 Waterworks Dist. No. 8/Cayucos 1 80 Total 1 23,031.00 • RESOLUTION NO.84-94 RESOLUTION OF THE MORRO BAY CITY COUNCIL ADOPTING A REVISED CONFLICT OF INTEREST CODE AND SUPERSEDING RESOLUTIONS IN CONFLICT THEREWITH THE CITY COUNCIL City of Morro Bay, California WHEREAS, pursuant to the provisions of the Government Code Sections 87300 et seq., each agency is required to adopt a Conflict of Interest Code; and WHEREAS, the City of Morro Bay incorporated its Conflict of Interest Codes with the adoption of Resolution No. 76-76 adopted 27 September 1976, Resolution No. 59-85 adopted 24 June 1985, Resolution No. 10-91 adopted 28 January 1991, and it is in further need of updating; and WHEREAS, the attached document entitled "Conflict of Interest Code for the City of Morro Bay" is adopted as the revised conflict of interest and disclosure code for designated employees of the City of Morro Bay; and WHEREAS, the Fair Political Practices Commission • recommends each agency incorporate Commission Regulations 18730 and 18720 by reference as the body of their Code, and that all changes to the Political Reform Act and to Regulations 18730 and 18720 will automatically be part of the City's Conflict of Interest Code; and WHEREAS, this action will ensure the City's Code will always be up to date and in compliance with the law. NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby adopt the revised Conflict of Interest Code attached hereto and incorporated herein by reference. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 12th day of September, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: • BRIDGETt DAVIS, City Clerk • CONFLICT OF INTEREST CODE FOR THE CITY OF MORRO BAY The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted two regulations (2 Cal. Code of Regs. Sec. 18730 and 18720) which contain the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Sections 18730, 18720, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. These regulations and the attached Appendix designating officials and employees and establishing disclosure categories shall constitute the conflict of interest code of the City of Morro Bay. Designated employees shall file statements of economic interests with the City which shall make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for other positions designated • in this conflict of interest code will be retained by the City.* * Form 721 statements for Article 2 filers (including but not limited to: Mayor, Councilmembers, Planning Commission, City Administrator, City Attorney, and Finance Director of the City of Morro Bay) shall be filed with the city who will make and retain copies and forward the original to the Fair Political Practices Commission. 0 • • 0 Designated Position Administration City Clerk Community Development Fire APPENDIX A Assigned Disclosure Category V Community Development Director 1 City Planner 3,4 Assistant Planner 3,4 Deputy Building Official 3,4 Building Inspector 3,4 Planning Technician 3,4 Grant Writer/Building Permit Specialist 3,4 Fire Chief 1 Fire Captain 2,3,6 Harbor Harbor Director 1 Chief Harbor Patrol Officer 2,3 Personnel Personnel Officer 2,5 Police Police Chief 1 Police Lieutenant 2,3 Public Works Director of Public Works 1 Administrative Assistant 2,8 Water Quality Control Superintendent 2,7 Maintenance Superintendent 2 Senior Mechanic 2 Engineering Technician II 2,3,4 Engineering Technician I 2,3,4 0 Recreation and Parks Recreation and Parks Director Recreation Specialist Facilities Coordinator Advisory Board and Commissions Community Promotions Committee 2,3 Franchise Advisory Board 2,3,8 Harbor Advisory Board 2,3,4 Recreation and Parks Commission 2,3 Streets and Trees Committee 2,3 Transportation Committee 2,3 Water Advisory Board 2,3,7 Consultants* 1 * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Administrator may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope • and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. • APPENDIX B DISCLOSURE CATEGORIES Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. 1. Designated employees whose duties are broad and indefinable: All sources of income, interests in real property, and investments and business positions in business entities. Interests in real property located in the jurisdiction, including property located within a two mile radius of any property owned or used by the agency. 2. Designated employees whose duties involve contracting or purchasing: Contracts or make purchases for entire agency: Investments and business positions in business entities, and sources of income, which provide services, supplies, materials, machinery or equipment • of the type utilized by the agency. Investments and business positions in business entities, and sources of income, which provide services, supplies materials, machinery or equipment of the type utilized by the designated employee's department or division. 3. Agencies with regulatory powers: All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit, or licensing authority of the City of Morro Bay. 4. Designated employees whose decisions may affect real property interests: Investments and business positions in business entities, and sources of income, which engage in land development, construction or the acquisition or sale of real property, and all interests in real property. • Interests in real property located within the jurisdiction, including property located within a two • mile radius of any property owned or used by the agency. 5. Agencies which provide pooled self-insurance benefits: All interests in real property, investments and business positions in business entities, and sources of income from: a. Persons or entities which provide services, supplies, materials, machinery or equipment of the type utilized by the agency. b. Entities which are engaged in the business of insurance including, but not limited to, insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters, claims managers, and actuaries. C. Financial institutions including, but not limited to, banks, savings and loan associations and credit unions. d. Entities or persons who have filed a claim, or have a claim pending, against the agency. 6. Agencies which provide medical services: Investments and business positions in business entities and income from sources which provide medical services, . including but not limited to privately owned hospitals, medical clinics, laboratories, pharmacies, and ambulance companies. Investments and business positions in business entities and income from sources which manufacture, sell or distribute medical equipment or services of the type leased or loaned by the City of Morro Bay to ambulance services, medical services such as police, sheriff, and fire rescue units, trauma centers and emergency rooms. Investments and business positions in business entities and income from sources of the type providing training for persons engaged in medical service programs. 7. Agencies which provide water storage/usage: All interests in real property. All investments and business positions in any business entity and income from any source which is 1) a private water company; or 2) an entity or person engaged in farming, real estate development, or an owner of real property. Investments and business positions in business entities and income from sources which contract for the delivery • of concessions or services on behalf of the district by virtue of the district's authority. • 8. Agencies which provide solid waste disposal: Investments and business positions and sources of income of the type which: Manufacture, sell or provide supplies, materials, machinery, services or equipment utilized by the agency. Interests in real property located within the jurisdiction, including property located within a two mile radius of any property that is or may be used as: A disposal site, transfer station or resource recovery facility in which the designated official/employee provides planning or technical assistance or has enforcement branch responsibilities. 0 • 18730: Provisions of Conflict of Interest Codes (Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations) (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code Section 87300 or the amendment of a conflict of interest code within the meaning of Government Code Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated • requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, et sea. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: • • (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et sea.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. • (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government code Sections 87200, et sea. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for • another agency, if all of the following apply: . (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and (C) The filing officer is the same for both agencies.l Such persons are covered by this code for disqualification purposes only. with respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of • financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial 1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interest in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded • statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. • interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interest: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective • date of this Code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this Code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this Code shall file statements within 30 days after assuming the designated positions, or 2 See Government Code Section 81010 and 2 Cal. Code of Regs. Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. . if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions2 shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign 38--a€ter-Agee}xtmenh Prior to Assuming Office. Persons--wka--res-i-c�--w-i�lriir-3f€-etas--e€--i n} t38� agge}ntx+ent--are Any person who resigns within 12 . months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: • (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty or perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. • (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the Code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the • date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the Code or the date of assuming office whichever is later. (D) Contents of Leaving office Statements. Leaving office statements shall disclose • reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. When an investment or an interest in • • real property3 is required to be reported,4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars • ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interest in real property which have a fair market value of less that $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars • ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5 A designated employee's income includes his or her community property interest in the income of his or her • spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. • 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from • such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any positions or management, a description of the business activity in which the business entity is 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of • persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. 0 engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8 State Agency Prohibition on Receipt of Honoraria. No member of a state board or commission, and no designated employee of a state agency, shall accept any • honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from the source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (b), (c), (d), and (e) of Government Code Section 89502 shall apply to the prohibitions in this section. (8.1) Section 8.1. State Agency Prohibition on Receipt of Gifts of $250 or More. No member of a state board or commission, and no • designated employee of a state agency, shall accept . gifts with a total value or more that two hundred fifty dollars ($250) in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subsections (b), (c), (d), and (e) of Government Code Section 89504 shall apply to the prohibitions in this section. (9) Section 9. Disqualification. No designated . employee shall make, participate in making, or in any way attempt to use his or her official positions to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member or his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the ' designated employee has a direct or indirect • interest worth one thousand dollars ($1,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, . partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $250 or more in value provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3 Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that . the vote of a designated employee who is on a voting • body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Seet4:ea --- 8 Section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative • official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or • she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (11) Section 11. Assistance of the Commission • and Counsel. Any designated employee who is unsure ,of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to the Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, • • Government Code Sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. Note- Authority: Section 83112, Gov. Code Reference: Sections 87300-87302, 89503, and 89504, Gov. Code History (1) New section filed 4-2-80 as an emergency; effective upon filing. Certificate of Compliance included. (2) Editorial correction. (3) Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter. (4) Amendment of subsection (b) (7) (B) 1. filed 1-26-83; effective thirtieth day thereafter. (5) Amendment of subsection (b) (7) (A) filed 11-10-83; . effective thirtieth day thereafter. (6) Amendment filed 4-13-87; effectives thirtieth day thereafter. (7) Amendment of subsection (b) filed 10-21-88; effective thirtieth day thereafter. (8) Amendment filed 8-28-90; effective thirtieth day thereafter. (9) Amendment filed 8-7-92; effective thirtieth day thereafter. (10) Amendment filed 2-5-93; effective upon filing. • I • 18720; Other Public Officials Who Manage Public Investments (Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations) (a) The following definitions shall apply to this regulation: (1) "Public investment" means the investment of public moneys in real estate, securities, or other economic interest for the production of revenue or other financial return. (2) "Public moneys" means all moneys belonging to, received by, or held by, the state, or any city, county, town, district, or public agency therein, or by an officer thereof acting in his or her . official capacity, and includes the proceeds of all bonds and other evidences of indebtedness, trust funds held by public pension and retirement systems, deferred compensation funds held for investment by public agencies, and public moneys held by financial institution under a trust indenture to which a public agency is a party. (3) "Management of public investments" means the following nonministerial functions: directing the investment of public moneys; formulating or approving investment policies; approving or establishing guidelines for asset allocations; or approving investment transactions. • V, (b) "Other Public Officials Who Manage Public Investments," as that term is used in Government Code Section 87200, means: (1) Members of boards and commissions, including pension and retirement boards or commissions, or of committees thereof, who exercise responsibility for the management of public investments; (2) High-level officers and employees of public agencies who exercise primary responsibility for the management of public investments, such as chief or principal investment officers or chief financial managers. This category shall not include officers and employees who work under the • supervision of the chief or principal investment officers or the chief financial managers; and (3) Individuals who, pursuant to a contract with a state or local government agency, perform the same or substantially all the same functions that would otherwise be performed by the public officials described in subdivision (b) (2) above. Comment: Those public officials coming within the definition contained in subdivision (b) above are subject to the conflict -of -interest disclosure requirements of Article 2, Chapter 7 of the Political Reform Act and must file a Form 721. The others are subject to the conflict -of - interest disclosure requirements of Article 3, Chapter 7 of • the Political Reform Act and must file a Form 730, if they 3 are designated in the Conflict of Interest Code of the agency. (See, 2 Cal. Code Regs. §18700 (a) and Gov. Code §82019.) Note: Authority: Section 83112, Gov. Code Reference: Sections 82019, 82048, and 87200, Gov. Code History (1) New section filed 5-25-94; effective upon filing. • 0 a c c� c N RESOLUTION NO. 82-94 RESOLUTION ADOPTING THE SOURCE REDUCTION AND RECYCLING ELEMENT, HOUSEHOLD HAZARDOUS WASTE ELEMENT HOUSEHOLD HAZARDOUS WASTE ELEMENT, 16 ENVIRONMENTAL IMPACT REPORT AND NON -DISPOSAL FACILITY ELEMENT THE CITY COUNCI City of Morro Bay, California WHEREAS, State Law AB939 and companion bill AB2707 requires each city and county to adopt documents for the source reduction and recycling elements, household hazardous waste element and non -disposal facility element; and WHEREAS, the San Luis Obispo Council of Governments, as Lead Agency, has prepared comprehensive documents for the Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Elements (HWWE), and the Non -Disposal Facility Element (NDFE) for adoption and certified the Environmental Impact Report (EIR); and WHEREAS, the City of Morro Bay, as a responsible agency, has considered the EIR prepared by the Lead Agency, the San Luis Obispo Council of Governments (SLOCOG), and shall consider the EIR in the review process for projects in the SRRE, HHWE and NDFE; and WHEREAS, the SLOCOG, acting as Lead Agency for the EIR, found the project will not have a significant effect on the environment, and certified the final EIR has been completed in compliance with CEQA; and WHEREAS, after holding the required public hearings and reviewing the final documents for the • SRRE, HHWE, EIR and NDFE, City staff has found the documents to be complete and to comply with State mandate. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that they have considered the EIR and does hereby adopt final documents for the Source Reduction and Recycling Elements, the Household Hazardous Waste Elements, the accompanying certified Environmental Impact Report, and the Non -Disposal Facility Element. BE IT FURTHER RESOLVED that the findings incorporated in the SRRE are hereby adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 22nd day of August, 1994, by the following vote: AYES: Luna, Unger, Yates NOES: None ABSENT: Crotzer, Mullen ABSTAIN: None ATTEST: BRIDGET DAVIS, City Clerk dr:upton1:serre3 0 RESOLUTION NO. 81-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 9TH DAY OF AUGUST 1994; 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 special municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 9th day of August 1994, as required by law; and WHEREAS, notice of said election was duly and regularly given in time, for 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 Morro Bay City Council 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 special municipal election held on August 9, 1994, and the City Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. That there were eight 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 special municipal election was held for the purpose of voting on the following initiative measure as submitted to the electors of said City: MEASURE "J" Shall an ordinance be enacted to relieve City of any mandatory obligation created by passage of Measure "G", is the "Binding" State Water initiative? Resolution No. 81-94 is Page Two 3. The City Council does declare and determine that: The required number of qualified voters voting on MEASURE "J" relating to relieving the City of any mandatory obligation created by passage of Measure "G", the "Binding" State Water initiative did not vote in favor thereof, and said initiative failed. 4. At said election the measure voted for and the number of votes given for and against the measure are set forth in the attached certification. 5. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. 6. 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. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 16th day of August, 1994/on the following vote: AYES: Luna, Mullen, Yates NOES: None ABSENT: Crotzer, Unger I N .AA ATTEST: BRIDGETT IVI , City Clerk • WILLIAM YATES, CERTIFICATE OF CITY CLERK isRESULT OF CANVASS OF VOTES CAST CITY OF MORRO BAY MEASURE "J" SPECIAL MUNICIPAL ELECTION AUGUST 9, 1994 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) I, Bridgett Davis, City Clerk of the City of Morro Bay, California, do hereby certify that pursuant to law, I did canvass the returns of the above -referenced election held in said City on August 9, 1994, and that the total number of votes cast in said City for Measure "J" is as stated on the attached Statement of Votes Cast, the original of which is on file in my office. MEASURE "J": Shall an ordinance be enacted to relieve City of any mandatory obligation created by passage of • Measure "G",the "Binding" State Water initiative? DATED: August 10, 1994 BRIDGETT D VIS, ity Clerk City of Mo ro Bay, California 0 LJ z 0 LLJ -wj UJ CC 0 a rn Cl) U) :3 LU w ou cn 0 r.- co co co LO LO CO C4 --t co MI E N N N '01 col ml 'I C I col cD ol Ol "I "I "rl '01 1" 1 co I 1 00 1 1 1 ,nl w 0 "-I co rl -I cl rl —1 ocol LO —1 CD co 01 0,[".w11] col co co co r., ml Dj col al -q ql co cn 001 cnj a, I m m 1 '0 1 0 rl >. (D C) C> o a 0 C) a C', N N z 0- �00 �00 -0-0 -0-0 -00- �0-0 1010 M .... 10 0- 00 C? cc a; c6 cli C-i vi N NR co Q o Q a a C, n 0 cn U� w N co co co co co co Nm 1* -2 D 0 C> CO 0) 1. to co r- OD z N Cl) LO 0) (D C� Lr) co Itt cv 0 Na) q (D C> Lc) to CC m N N cm V) NN w rl rl Lo rl co ca cc co in co co m N CDT w r, -It N rl m q- co C) C) o o o C> Q C) V a CD Q Cl) CV) 0 (0 rl 00 CD CD w co co LU uj r LU ej) -T 0 0 r� w LU N Cl) tr) to r- Lu w (n w 0 U) 0 0 0 > • RESOLUTION NO. 80-94 RESOLUTION RESTRICTING PARKING IN CITY PARKS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the purpose of parking lots in City parks is to serve park uses; and WHEREAS, Section 10.36.040 provides for restriction, by City Council resolution, of parking on any publicly -owned property; and WHEREAS, it is deemed appropriate to provide restrictions of parking for non - park purposes; and WHEREAS, the least restrictive and most readily enforceable approach is to prohibit parking in City parks between the hours of 2 a.m. and 6 a.m.; and NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that parking in City parks, except Tidelands Park, be prohibited between the hours of 2 a.m. and 6 a.m.; and • BE IT FURTHER RESOLVED, this restriction shall become effective immediately upon the installation of signage appropriate to effect this action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 22nd day of August, 1994, by the following vote: AYES: Luna, Unger, Yates NOES: None ABSENT: Crotzer, Mullen ABSTAIN: None ATTEST: BRIDGETT AVIS, City Clerk dvengrg1parkpkng • WILLIAM YATES, RESOLUTION NO. 79-94 RESOLUTION APPOINTING NORTH COAST ENGINEERING, INC. (STEVEN J. SYLVESTER, P.E., PRESIDENT) AS CITY ENGINEER THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Section 36505 requires the City Council to appoint a City Engineer by resolution; and WHEREAS, by Resolution No. 20-94 on March 14, 1994 the City Council appointed North Coast Engineering, Inc., Steven J. Sylvester, P.E. President, as "Acting City Engineer; and WHEREAS, it has been deemed appropriate to modify this designation to "City Engineer". NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that North Coast Engineering, Inc., Steven J. Sylvester, P.E., President is hereby • appointed City Engineer effective August 23, 1994. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 22nd day of August, 1994, by the following vote: AYES: Luna, Unger, Yates NOES: None ABSENT: Crotzer, Mullen ABSTAIN: None WILLIAM YATES, ATTEST: • BRIDGEIT DAVIS, City Clerk • CITY COUNCIL RESOLUTION NO. 78-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE HOUSING ELEMENT OF THE GENERAL PLAN CASE NO. GP 02-92 WHEREAS, the Planning Commission on the 19th day of April 1992, held duly noticed PUBLIC HEARINGS to consider amendments to the Housing Element of the General Plan and recommended approval of said amendments to the City Council: and WHEREAS, the City Council of the City of Morro Bay, California did on the loth day of May 1992 after holding duly noticed Public Hearings approve amendments to the Housing Element of the General Plan through adoption of Resolution NO. 31-93: and WHEREAS, the California Department of Housing and Community Development (HCD) after receipt of said amendment did on July 21 1994 attach additional comments: and WHEREAS, the City of Morro Bay has addressed the HCD comments as shown on attachment B: and • WHEREAS, the Planning Commission of the City of Morro Bay on the 1st day of August 1994 held duly noticed PUBLIC HEARINGS to consider the new amendments to the Housing Element of the General Plan: and WHEREAS, at said PUBLIC HEARING the Planning Commission of the City of Morro Bay recommended approval of the new amendments to the Housing Element of the General Plan by adopting Planning Commission Resolution NO. 03-94: and WHEREAS, the City Council of the City of Morro Bay on the 22nd. day of August 1994 held duly noticed PUBLIC HEARINGS to consider the new amendments to the Housing Element of the General Plan: and WHEREAS, said Housing Element has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act (CEQA) in that the project has been given a Negative Declaration and no further documentation is deemed necessary: and 40 WHEREAS, at said PUBLIC HEARING after consideration of the staff report and the testimony of all persons, if any, wishing to testify, the City Council did find the following facts and reason to justify their action in this matter: These amendments to the Housing Element are consistent with the requirements of State Law with respect to the content of the Housing Element, and are internally consistent with all other elements of the General Plan and the Local Coastal, Program of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay, California determines as follows: 1. that the above recitations are true and correct and constitute the findings of the City Council in this matter, 2. that the City Council does hereby recommend approval of Case No. GP 02-92 that amends the Housing Element as shown in Exhibit "A", including attachments A (draft Housing Element), and "B" (proposed changes), and 3. that the City Council authorizes the City Administrator to submit the revised Housing Element to the California Department of Housing and Community Development for their approval. • PASSED, APPROVED AND ADOPTED on the 22nd day of August 1994 by the following vote to wit: APES: Luna, Unger, Yates NOES: None ABSENT: Crotzer, Mullen ATTEST: BRIDG DAVIS, City Clerk RESOLUTION NO. 77-94 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING THE APPEAL OF THE PLANNING COMMISSION ACTION, AND UPHOLDING THE CODE ENFORCEMENT OFFICER'S DETERMINATION THE CITY COUNCIL City of Morro Bay, California 2970 Greenwood, APN 68-198-004 1. WHEREAS, on the 19th day of July, 1993, on the 16th day of August, 1993, on the 15th day of November, 1993, on the 6th day of December, 1993, on the 3rd day of January, 1994, on the 7th day of February, 1994, and on the 6th day of June, 1994, the Planning Commission of the City of Morro Bay held duly noticed PUBLIC HEARINGS to consider the appeal of the Code Enforcement Officer's determination of code violations at the 2970 Greenwood; and 2. WHEREAS, the City Council has found that the subject property is not in conformance with the City of Morro Bay Zoning Ordinance and is determined to be non conforming; and 3. WHEREAS, the City Council has found that there are no permits issued by either the County of San Luis Obispo, or the City of Morro Bay for the placement and permanent habitation of the house trailer; and 4. WHEREAS, the City Council has found that the existing garage and patio has • been converted to habitable space without the benefit of any and all necessary permits, and 5. WHEREAS, based on a site inspection performed at the subject property on January 10, 1994, the City Council has found that the following Uniform Building Code violations exist: • Improper ventilation in downstairs bathroom. UHC 1001(b) • Downstairs bathrooms lack required room and space dimensions. UHC 1001(b) • Lack of adequate heating in all rooms. UHC 1001(b) • Floor in converted patio room slopes moderately. UNC Table 25 • Ceiling material is deflecting. UBC 4711(B) • Uncertain roof supporting members over converted patio. UBC Table 25 • Plumbing fixtures or fittings are of improper material. UPC 401(a) • Water heater installation needs to be verified. • Fiberglass panels do not meet Uniform Building Standards, for use as siding. • Minimum 6" earth to wood contact to be maintained. UBC 2516(c)7 • Gas line connection does not meet the minimum standards. UMC 2218 6. WHEREAS, the City Council has found that the subject property does not meet the minimum off street parking as required by the Zoning Ordinance; and 7. WHEREAS, following the hearings, the Planning Commission did uphold the • Code Enforcement Officer's determination; and S. WHEREAS, The City Council of the City of Morro Bay on the 3rd day of • August, 1994, did hold a duly noticed PUBLIC HEARING to consider the actions and the recommendations by the Planning Commission; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, after considering the staff report and the testimony of all persons wishing to testify, has determined as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter, 2. That the Council does, subject to the conditions contained in this resolution, hereby uphold the Planning Commission's action affirming the Code Enforcement Officer's interpretation of the Municipal Code and determination to take code enforcement action; 3. That the subject property shall be brought into compliance with the Morro Bay Municipal Code, and that the following conditions be enacted: a. House Trailer. The property owner shall cause the removal of the 10'x50' illegal non conforming house trailer from the subject property within (3) three years of the final action of the City Council; b. Garage/Apartment. The property owner shall schedule a site inspection of the subject property with the Community Development Director and Building Official to establish a list of necessary modifications to the . structure and site for the purposes of reestablishing the use as a single family dwelling unit. The site inspection shall occur within ten (10) days of the City Council's final action; C. Garage/Apartment. For the purpose of reestablishing the garage(apartment to a single family dwelling unit, the property owner shall install an interval connection between the upstairs unit and the downstairs unit within (3) three years of the final action of the City Council; d. Parking. The property owner shall provide off street parking as required by the Morro Bay Municipal Code within (3) three years of the final action of the City Council; e. Uniform Building Code. The property owner shall abate all Uniform Building Code violations noted in the findings of this resolution or discovered on the property as a result of the site inspection required under condition b' which present safety hazards within one (1) year the final action of the City Council. 0 • PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of August, 1994, by the following vote to wit: AYES: Luna, Unger, Yates NOES: None ABSENT: Crotzer, Mullen MMI-0.1iftill • 0 RESOLUTION NO. 76-94 • A RESOLUTION RESCINDING RESOLUTION NO. 118-89 AND ESTABLISHING A POLICY FOR TRAVEL AND RELATED EXPENSES INCURRED ON OFFICIAL BUSINESS FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has adopted a policy for attendance at conferences, meetings, and public hearings, setting forth authorized and allowable expenses for travel on official business; and WHEREAS, the guidelines regarding said policy have been reviewed and are proposed to be modified by the City to present a more uniform and comprehensive travel policy procedure; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby rescind Resolution No. 118-89 and adopts the Travel Policy as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of the City of Morro • Bay at a regular meeting thereof held the 22nd day of August 1994 by the following roll call vote: AYES: Luna, Unger, Yates NOES: None ABSENT: Crotzer, Mullen Bridgett vis, City Clerk 0 • CITY OF NORRO BAY TRAVEL POLICY SECTION 1. PURPOSE The purpose of this policy is to provide uniform procedures by which officers and employees of the City of Morro Bay shall report and be reimbursed for expenses incurred in connection with authorized travel on behalf of the City. This policy will assist officers and employees of the City in the performance of their official duties and in obtaining financial advancement and/or reimbursement for travel expenses. The City recognizes that attendance at meetings and conferences serves a vital forum for the exchange of ideas and methods in all areas of municipal administration, presenting and receiving information, and advocating legislation of benefit to the City. The governing factor in authorizing attendance at these functions is the tangible benefit to accrue to the City as the result of such attendance in relation to the overall expense to the City. SECTION 2. RESPONSIBILITIES The City Administrator shall; establish administrative procedures • dealing with employee travel while on City business, authorize travel in accordance with the procedures set forth in this policy, review each departmental budget submission and recommend an amount to the City Council for inclusion in the annual budget, retain the option to review, for approval or rejection, any travel expense records which may otherwise be free from administrative scrutiny. All travel is subject to the availability of funds. DEPARTMENT HEAD Department heads shall; authorize all travel, subject to the limitations of this policy and the amount appropriated for that purpose in the annual departmental budget, be held responsible for certifying that travel is related to City business, shall critically examine each trip to determine necessity, prohibit travel when the matter can be handled by mail or telephone, minimize the number of people who must travel for a single purpose, authorize itineraries which are the most cost-effective; require use of air accommodations less costly than first-class, unless there is a valid or unique reason, require use of available City -owned vehicles when car travel is officially necessary and advantageous to the City, periodically review these procedures with City staff. • SECTION 3. TRAVEL AUTHORIZATION Official travel by City employees and officials requires prior authorization by the appropriate approving authority. The City form, "Travel Advance Request", can be used to document authorization. Travel trips of one -day or less shall not require a "Travel Advance Request", but the traveler is required to complete and file a "Travel Expense Report", or other suitable documentation; i.e. petty cash vouchers, upon return to work if the trip involved reimbursable expenses. SECTION 4. TRAVEL ADVANCES Officials and employee who travel on City business shall provide themselves with sufficient funds for current expenses. If a traveler is unable to finance expenses from personal funds until City reimbursement is made, he/she may apply for an advance of public funds by utilizing the "Travel Advance Request" form. All requests for advance of travel funds are to be submitted through the approving authority to the Finance Department at least ten (10) working days before the intended date of departure. All advances must be properly accounted for on termination of travel for which the advance was made; advance payments do not constitute approval to spend the entire amount advanced. The minimum advance shall be fifty dollars ($50.00). Travel advance requests must be accompanied by all pertinent documentation which supports the need for the requested travel advance, e.e. copy of proposed program or agenda, registration form, etc. Individuals are encouraged to use City credit cards whenever possible for reservations, registrations and per diem expenses. If the reservation will result in an actual charge to the City, a receipt must be requested and a claim prepared immediately. a. Requests for non-reimburseabl advances for funds to pay travel are to be submitted to the approved request form. • 2 e (i.e. non -POST) expense expenses in excess of $500 City Administrator on the b. Travel advance request forms must be signed by the employee and the department head. So that they may be processed on a • timely basis, such requests are to be submitted to the City Finance Department at least ten (10) days before the intended date of departure. C. In all cases, once a registration/expense advance has been made, the officer or employee must complete and submit an approved City travel claim form (along with all supporting vouchers and receipts) within 5 days following the completion of travel. If the advance exceeds the actual expenses, a remittance must accompany the completed claim for payment. An individual may not request or receive another advance until he/she has settled all outstanding advances. If the trip is cancelled, the advance must be returned immediately. SECTION 5. MODES OF TRANSPORTATION Individuals requesting official travel should attempt to travel by means most economical to the City. In selecting a particular method of transportation, consideration shall be given for the total cost to the City, including overtime, lost work, and actual transportation costs. A. Travel by Automobile. When vehicles, either private or City owned or commercial, are provided for authorized travel, • employees shall share rides whenever possible. Members of the City Council may, at their own discretion and for their own convenience, travel by separate automobile. (1) City -Owned Vehicle. Travelers should use a City vehicle when available, in preference to a privately owned or rented vehicle, for trip destinations of up to 350 miles from Morro Bay. Special approval for longer trips may be granted by the City Administrator. The use of City vehicles shall be limited to official City business and travel. Transportation of persons other than employees or officials is authorized only in situations where it relates to City business. (a) Emergency Repair to City Vehicles. Emergency repairs are defined as those repairs required when the vehicle is inoperable. When emergency repairs are required on a City vehicle being operated within the County during normal business hours, the Mechanic should be contacted prior to making any repair to the vehicle. When emergency repairs are required on a City vehicle being operated outside the County or at times other • 3 than normal business hours, persons may be reimbursed for the emergency repair cost up to a maximum of • $150.00 and up to a maximum of $150.00 for towing costs. Reimbursement for emergency towing or repairs in excess of $150.00 will be provided only upon the prior approval of the employee's supervisor after consultation with the city mechanic staff. (2) Travel by Private vehicle. when traveling by private vehicle mileage reimbursement will be calculated based on the following criteria: (a) During scheduled work days, travel reimbursement is based upon the distance from the traveler's residence or normal designated workstation to his/her desti- nation, whichever is less. (b) During scheduled work days, return travel reimbursement is based upon the distance from the out -of -area location to the traveler's residence or normal designated workstation, whichever is less. (c) During non-scheduled work days, travel reimbursement is based upon the distance from the traveler's residence to his/her destination and return. (d) Travel to and from a common carrier terminal or station is based on the same criteria as in (a) through (c) above. • officers, employees, commission and committee members will be reimbursed for travel mileage incident to the authorized use of a privately -owned vehicle on City business. Such reimbursement will be at the rate currently prescribed by IRS regulations unless otherwise governed by Council resolution or applicable Memorandum of Understanding. Such reimbursement will be considered complete payment for actual and necessary expenses incident to the use of a privately owned vehicle, including insurance, repairs, and all other transportation related costs. Individuals shall not receive reimbursement for gasoline purchases whenever that individual expects to claim the per mile reimbursement rate for private vehicles. Departure from Residence. officials or employees who travel by privately owned vehicle and who depart from their private residences will be allowed mileage equal to the lesser of the distances from residence to first work contact point or from designated normal work location to first work contact point. 0 4 • Similarly, employees or officials who depart from last work point directly to private residence will be allowed mileage from residence to first work point and from last work point at which official duties were performed to their private residence. Commercial Auto Rental. officials and employees will be reimbursed for the actual and necessary cost of such rental when substantiated by a voucher. Employees will not be reimbursed for the additional cost of collision damage deductible and/or personal accident insurance offered in car rental agreements is accepted. The City has self-insurance programs which provide protection for these risks. Employees shall, however, be reimbursed for any loss necessarily sustained by them which is attributable to the fact that a damage waiver was not accepted. Air Travel Scheduled Commercial Airlines. When reimbursement is claimed for transportation via scheduled commercial airlines, reimbursement will be limited to the cost of travel by air coach (tourist or economy fare). The advance purchase of airline tickets may be handled via a travel agent or directly through the individual airline. Commercial Charter Aircraft. Travel via commercial charter • aircraft shall be limited to instances when scheduled airline travel is impractical, unavailable, or more expensive. Such travel will, in all instances, require prior authorization by the City Administrator. Private Aircraft. The use of private aircraft owned or rented by employees or others will require prior authorization of the City Administrator. Due to insurance requirements, private aircraft must have current `Standard' airworthiness certificates issued by the FAA, and the pilot in command must hold a currently effective pilots certificate issued by the FAA and must have a current rating for the aircraft flown. Before any private aircraft owned by an employee is flown on City business, a current insurance policy covering the aircraft must be filed with the City's Risk Manager. Travel to and from airports shall be by bus or airport limousine where such services are in operation and schedules permit. Taxicab shall be used only as a last resort. Railroad Transportation. Reimbursement shall be limited to coach fares for trips not involving overnight travel. When sleeping accommodations are required and authorized, reimbursement shall 3 be limited to roomette pullman fares. Whenever possible, round trip rates shall be used. • TAXIS AND OTHER LOCAL TRANSPORTATION The cost of taxi or car fare to and from places of business, hotels, airports, or railroad station in connection with business activities will be reimbursed by the City. Whenever available, employees must attempt to utilize existing hotel/motel van or taxi services. All local transportation expenses in excess of $10.00 must be accompanied by a receipt to be considered a legitimate reimbursable charge. Taxi service to restaurants for non -City business meals will not be separately reimbursed but are considered a portion of the Miscellaneous allowance under the per diem rate. SECTION 6. LODGING Amounts equivalent to the reasonable cost of accommodations for single occupancy at the hotel or motel in which the official or employee stays will be allowed. "Reasonable cost" shall be determined by taking into account such factors as prevailing lodging rates of the area, proximity of lodging to City business destination, and potential additional transportation require- ments. A. Regular Lodging. An employee is expected to make • reservations well in advance whenever possible and to take other actions to ensure that lodging is secured at moderate rates. Reimbursement for lodging shall be limited to the minimum number of nights required to conduct the assigned City business. If an official or employee chooses to arrive earlier or stay later than the length of City business, the additional lodging and other expenses related to this decision are the individual's personal expenses. B. Shared Lodging. Family Member. Where expense for a family member is included on the receipt, the rate reimbursed will be the single occupancy rate. The single occupancy rate shall be noted on the receipt by the motel or hotel. ellow Emnlovee (1) When a room is shared with a fellow employee, the expense may be divided and claimed by each occupant, or one employee may charge the expense for all employees. The cost of the room may exceed the maximum guideline amount by the amount that the multiple occupancy rate exceeds the single rate. 0 6 (2) When each employee claims their own expenses, a • duplicate hotel/motel receipt must be obtained. The amount claimed by each employee will be the hotel/motel rate divided by the number of employees. (3) When shared lodging expenses are claimed by a single employee, the reimbursement claim is to list the names of the other employees. Those lodging costs paid by a City employee for prisoners, inmates, or court wards during authorized travel should be claimed at the double occupancy amount which may exceed the maximum guideline amount by the amount that the multiple occupancy rate exceeds the single rate. C. SSRecial Lodging_ Upon prior written approval of the City Administrator, reimbursement for special lodging arrange- ments such as, but not limited to, accommodations in apartments, campgrounds, and recreational vehicles will be allowed. D. Lodging as a Guest of Friends or Relatives. When an official or employee prefers to remain overnight as a guest of friends or relatives while traveling on behalf of the City, no amount may be claimed for lodging expense. • E. Return to Permanent Work Location over Non -Workdays. When job requirements do not necessitate that a traveler remain at a temporary work location over a non -workday or holiday, the authorizing authority may direct the employee to return to their permanent work location in the City, provided that the travel cost of the return trip is less than the estimated expense of having the employee remain at the temporary location. SECTION 7. PER DIEM ALLOWANCES. The per diem allowance is to cover all expenses incurred by the official or employee on City business other than registration, lodging accommodations, and primary transportation costs. A. Allowable Expenses. All charges for: (1) Fees and tips paid to waiters, porters, baggage handlers, bellhops, hotel maids, and other service personnel; 0 7 (2) Incidental transportation expenses, such as street car, bus, and ferry fares, bridge, toll road and vehicle • parking fees which do not exceed $20.00 per day; (3) Laundry and cleaning and pressing of work clothes; (4) Meals, except for those included in the cost of the registration; (5) Newspapers; (6) Purchase of necessary stationery and office supplies; (7) Telephone and telegraph charges for official business. B. Personal Expenses.' Expenses intended for the personal benefit or pleasure of the traveler shall not be considered in the per diem allowance, such as but not limited to: (1) Alcoholic beverages; (2) Barber and beauty shop charges; (3)Entertainment; (4) Expenses of member(s) of the persons family who may accompany the employee or official on the trip; • (5) Fines for traffic violations; (6) Personal telephone calls; (7) Private automobile repairs; (8) Purchase of personal items; (9) Tailors. C. Establishment of Per Diem Rates. The City Council shall establish by Resolution the per diem rates necessary for the conduct of City business during travel status. Established per diem rates may be periodically modified by Resolution of the City Council. The maximum allowable per diem rate is based on a complete day in travel status and for continuous travel of more than 24 hours. The calendar day (midnight to midnight) is the unit used for computing per diem allowances. 8 • • D. TINE CRITERIA GOVERNING REINBURSENENT FOR DEALS a. The allowance for meal expenses in excess of the established guideline rates shall be at the discretion of the Finance Director. Meals are reimbursable only under the following criteria: MEAL TRAVEL BEGINS BEFORE TRAVEL ENDS AFTER Breakfast 6:00 a.m. 8:00 a.m. Lunch 11:00 a.m. 1:00 P.M. Dinner 5:00 p.m. 8:00 P.M. b. For purposes of determining eligibility for reimbursement, travel shall be considered to begin when the traveler departs their residence if the trip begins before or after normal office hours. If the trip begins during normal office hours, travel shall be considered to begin when the traveler departs the office. It will be the department head's responsibility to monitor time of departure and arrival to ensure no unnecessary meals are claimed. Whenever meals and/or lodging are furnished without charge to the traveler, deduction shall be made from the authorized per diem allowance. Whenever meals are served as a part of a conference meeting at a fixed cost that exceeds the per diem allowance, said meals shall be considered as an allowable conference expense subject to additional reimbursement. In all such cases, employees must document the amount of said meals. Documen- tation must be in the form of an official program, meal ticket stub, or other prescribed media indicating fixed cost. SECTION 8. FANILY MEMBER ACCOMPANIMENT. There is no objection to a spouse and/or other family member(s) accompanying an employee or official on a City business trip, provided that their presence does not detract from the performance of City duties. The attendance at the meetings and conferences by such members of City officials and employee is to be considered a sole expense of the individual official and/or employee, and all differences in cost brought about by the attendance and/or accompanying travel of a family member shall not be borne by the City. When automobile is the selected mode of transportation by an employee or official desiring a family member to accompany them, said travel shall only be accomplished by the use of the • official's or employee's privately owned vehicle, and is subject to the conditions contained in Section 5A(2) pertaining to use of privately owned vehicles on City business. SECTION 9. SETTLEMENT OF TRAVEL EXPENSES. Travelers are responsible for the accurate preparation of their claims and the responsibility of omission or commission cannot be shifted to another individual. A "Travel Return Expense" form must be submitted to the City Administrator within five (5) work days after returning from the conference and/or trip. If an official or employee has drawn expense money in advance, a settlement must be made on the basis of actual expenses. If actual expenses exceed the advance, upon approval by the City Administrator, said expenses will be reimbursed to the traveler by the Finance Department. If actual expenses do not exceed the expense advance received, said traveler shall return all unused portion of the expense advance to the Finance Department. To be reimbursed for travel expenditures, an employee or official must sign and submit a "Travel Expense Return" form. No reimbursement shall be made until the Expense Form has been properly executed and approved by the City Administrator. The Finance Department will reimburse only those expenses properly approved. • when travel is performed by privately owned vehicle, actual odometer readings should be noted on the Travel Expense Return form. Mileage claims may be verified against standard highway mileage guides. If odometer readings are unavailable for whatever reason, the expense may be based on map mileage for point-to-point travel. The decision of the City Administrator shall be final in all cases where conflicts on reimbursement or allowable expenses exist. The City Administrator has the discretion to approve reimbursement for official travel expenses that exceed established per diem amounts. • 10 4 4 CITY OF MORRO BAY TRAVEL ADVANCE REQUEST Instructions: For travel authorization and expenses advance, complete this form and submit to Department Head. NAME: DATE: DEPARTMENT: DIVISION: DESTINATION: TRANSPORTATION MODE: DEPARTURE DATE: TIME: A.M./P.M. RETURN DATE: TIME: A.M./P.M. REASON FOR TRAVEL: ESTIMATED EXPENSES Lodging night(s) 0 $ (single rate) _ Transportation miles @ $ per mile = Per Diem days @ $ per day = Other (itemize) - TOTAL ESTIMATED EXPENSES: $ I certify that the travel and expenses will be in the conduct of City business. Signature I have reviewed this request and certify the necessity of this travel and expenditure. Account to be Charged Department Head Date ADVANCE PAYMENT REQUESTED: $ Audited APPROVED City Administrator Date RESOLUTION NO. 75-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING COMMUNITY DEVELOPMENT DEPARTMENT AND POLICE DEPARTMENT RATE SCHEDULES FOR FISCAL YEAR 1994-95 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of living; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from regulatory licenses, user charges, and user fees which do not exceed the cost of providing the regulation, product or service do not constitute "proceeds of taxes"; and WHEREAS, the City has reviewed its fees, taking into account the annual changes in personnel costs, supply costs, and other costs and finds that the proposed revised fees are in all cases no more than the actual costs of providing the related service; • NOW, THEREFORE, BE IT RESOLVED that the Morro bay City Council does hereby approve and adopt the Fiscal Year 1994-95 Community Development and Police Department Rate Schedules and will become effective August 10, 1994. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 8th day of August, 1994, by the following roll call vote: AYES: Crotzer, Luna, Mullen NOES: Unger, Yates ABSENT: None ATTEST: • BRIDGETT AVIS, City Clerk N •CAN O •+ N N w + \ MOOS OVj t p C M 66 0 N t-- 66s y U U C C d > `> tO U9,� w q e O 7 S Oo'-'00 '2 bp O Ocl- o pp V Vf p V V3 SSSSS� 7 N V) N Vi p 69 + �o W 7� yy C O 4v U 7 + W W 7SS C O ! U vl N h 6N9 y w„ C V_ CC F _ C n. 88 p� O S S p O p O S QU, .� 48. p y w t �O V1 6s T T O V3 M ° S N_ 7 N �o N �o N M V�'•i $C 7 •E .-. lW� Gn 9 ,a 7 pp+ �n Vf Vf Vf V3 ,--� U U `V N 60% Vi Vi O O Vf C y 1 o �00 •S cn Fr U 0 3> ° a.S y T N N C O cad' bi bo ^ E a 0 5 o o A a an c S c i sa O U- c t•i OS Oa c „ >c oz o a F o ac o O y w cc ��y C a a S�°yoay. oL U •L EIn N = °'a'@ a.S 'o O tj T cd .S EO U .b VI cn C Q C C ° M'C� O ,tea U � ,S•pSp Q'db O o! 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As can be seen from the attachments, there is a wide range of costs. In the past, the City has subsidized the development review process. Larger and/or more controversial projects have cost the taxpayers tens of thousands of dollars each year. The proposed fee schedule is intended to cover the City's expenses for not only the costs attributed to the Community Development Department, but also the other City departments which are involved in the • review process. The City has identified the Community Development Department as the central "clearinghouse" for the development review process as required by state law. It is our belief that it is more appropriate for one department to both track the developments as well as accept the fees for the City review. The attached Fee Evaluation study includes the costs of review for all departments. In the "high" range, the costs cover the larger and/or controversial project review, including cases which need the review of the City Council. In addition, staff has adjusted several of the fees downward from the version presented to the City Council at the meeting on July 11 th. in response to the concerns expressed by the Council at that meeting. • Fee Schedule Options include: I . Have each department charge the developer separate fees for the review process; or 2. Continue the old fee schedule; or 3. Adopt the fee schedule as recommended by staff, covering approximately the total costs of City review. 'total as r�itt1)c oihna at 1)rh•t •ttaaetat • FEE EVALUATION STUDY SUMMARY 1994-95 PLANNING PERMIT TYPE: ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT Personnel Costs Cost Cost Low High Total Estimated Personnel Costs: $297.50 $1570.00 OTHER COSTS Printing $5.00 $10.00 Other Materials $5.00 $10.00 Notices, Etc $3.00 $15.00 Total Other Costs $13.00 $35.00 Total All Costs $310.50 $1605.00 • PLANNING PERMIT TYPE: CONDITIONAL USE PERMIT/COASTAL DEVELOPMENT PERMIT Personnel Cost Cost Low High Total Estimated Personnel Costs: $941.25 $25,325.00 OTHER COSTS Printing $5.00 $200.00 Other Materials $5.00 $100.00 Notices, Etc $15.00 $50.00 Total Other Costs $25.00 $350.00 Total All Costs $966.25 $25,675.00 • 11 PLANNING PERMIT TYPE: VARIANCE • Personnel Total Estimated Personnel Costs: OTHER COSTS Printing Other Materials Notices, Etc Total Other Costs Total All Costs Cost Cost Low High $440.00 $2,015.00 $5.00 $10.00 $5.00 $10.00 $10.00 $20.00 $20.00 $40.00 $460.00 $2,055.00 PLANNING PERMIT TYPE: LOT LINE ADJUSTMENT Personnel Cost Cost Low High Total Estimated Personnel Costs: $885.00 $2,022.50 OTHER COSTS • Printing Other Materials Notices, Etc Total Other Costs $ 0.0 0 $ 0.0 0 Total All Costs $885.00 $2,022.50 PLANNING PERMIT TYPE: PARCEL MAP Personnel Cost Cost Low High Total Estimated Personnel Costs: $3,650.00 $9,300.00 OTHER COSTS Printing $10.00 $20.00 Other Materials $5.00 $20.00 Notices, Etc $20.00 $30.00 Total Other Costs $35.00 $70.00 • Total All Costs $3,685.00 $9,370.00 2 PLANNING PERMIT TYPE: TENTATIVE TRACT MAP • Personnel Cost Cost Low High Total Estimated Personnel Costs: $5,020.00 $30,530.00 OTHER COSTS Printing $20.00 $200.00 Other Materials $10.00 $100.00 Notices, Etc $30.00 $40.00 • • Total Other Costs $60.00 $340.00 Total All Costs $5,080.00 $30,870.00 3 • MEMORANDUM TO: Finance Director FROM: Community Development Department, Building Division DATE: June 1, 1994 SUBJECT: Amend the Master Fee Schedule to include -a simplified method of Calculating Building Division Fees and Modified Planning Division Fees. GOAL: The purpose of the changes are to provide a higher level of public service by implementing a simplified calculation method (SCM) for building inspection and plan review fees. In addition the goal is to balance the actual plan review and inspection costs with the cost to the applicant. OBJECTIVE: The first objective of the revised fee schedule is to answer the applicant's question: "What will it cost for the building permit?" The desired • response is, "The total inspection and plan review fees will be 2.5% of the value of the work plus $20.00, with the exception of work valuing $500.00 or less when the permit will cost $35.00. The purpose of the amendment to the Master Fee Schedule is to use a simplified method of calculating inspection and plan review fees only. The amendment does not include housing in -lieu fees, sewer/water availability fees or any other similar fees. Specifically, the proposed amendments of Building fees address the building inspection, plan review, plumbing, electrical, and mechanical fees. The second objective is to have the developer pay the costs of processing, review, and inspection. The total permit process, costs often far exceed the fees being charged the applicant. For example, it is estimated that the Tri-W project processing costs were well in excess of $20,000 more than received in fees by the City. r1 U EXISTING METHOD OF BUILDING PERMIT FEE CALCULATION The building permit process is not computerized and hopes to soon be networked with the finance and other departments as well. The current hand -method is frustrating to the applicants and staff. Let me demonstrate! APPLICANT: What will the building permit cost to build a home in Morro Bay? STAFF: The existing Master Fee Schedule adopts the Uniform Administrative Code (UAC) which references the UBC, UPC, UMC etceteras. Your fees are calculated by using the tables 3A, 3B, 3C, 31), 3G, 3H. The actual fees are calculated by wallowing in the working drawings and taking an inventory for every support system. For example, each plumbing fixture on one trap or (set of fixtures on one trap) the plumbing inspection is $7.00 fee. This can be a 10 to 25 minute exercise. The actual or estimated of fees require a wallowing in every plan and counting fixtures, motors, receptacles, etcetera. Roughly your inspection and plan review fees can be $1,500.00 to $3,000.00 for a single family residence. PROS & CONS OF NEW • PROS: BUILDING PERMIT FEE CALCULATION METHOD 1) Improves the public perception by demonstrating that the City is working to simplify the process. 2) Applicants are treated fairly and consistently. 3) Higher level of public service by saving time and frustration for both applicants and staff. 4) Balances the actual plan review and inspection costs to the general fund with respect to the complexity of the project. 5) The larger more complex reviews inspection fees will increase for the applicant while relieving the general fund/public from subsidizing the cost of the new development as is currently the case. 6) The smaller, less complex projects will be similar to the existing costs yet be balanced with the general fund. • 7) Simplifying the existing time-consuming method. 8) Reduces errors and time due to simplicity of the new system. 9) Simplifies monthly and annual reports. 10) Reduces staff training time and frustration. 11) Eliminates the need to inventory the plans to calculate inspection and plan review fees. 12) Allows the applicant/developer to pay for the direct costs for the inspections and plan review. 13) City's Building Permit fees will still be comparable to other cities in the County. CONS: 1) Fees on larger projects will increase by approximately 25 percent; however, the fees for smaller projects will decrease by 23 percent. * • ** Review time for larger projects is much greater which justifies the higher fee to cover the City costs. The actual cost to the City for inspection and plan review of a typical SFR building permit is $2,450.00. The actual fees collected currently are $1,504.00 or approximately $1,500 to $1,600 typically. Clearly for each SFR the City's general fund pays for $800 to • $1000 per new residence. Historically, the bulk of the Building Department income has been the single family market with the exception of last year and this year when we are experience a significant .amount of commercial activity. This direct loss of income of ±$30,000 per year in the residential permits alone. For this reason we propose the simplified calculation method which will recover those costs, as well as simplify the procedures. The same is true of the commercial building permits. The plan review and inspection time grows with the complexity of the design and project. The internal and- external agency/department reviews imposed by the State and Federal agencies are unreasonable with the staffing, lack of tools, and lack of office space. Both applicants and staff are frustrated by this. A good example is the Embarcadero permits this past 18 months require 10 to 15 different agencies and/or department in order to issue the building permit. We estimate a loss of revenue of $30,000 to $50,000 in the general fund to cover the permit inspection and plan review service. The local citizens of Morro Bay are 'subsidizing a portion of the new development. The developer should pay for the services they utilize not the citizens of Morro Bay. The building division serves as a clearing house for the review process. Without networked computers to aid in tracking, we are at a great disadvantage. We do not have enough staff to handle the increased volume and we are in desperate need of a building permit technician. Typically, a City with a population of 10,000 has a 6-person building division. We have a 2- person building division. Countywide the local building departments have developed fees or surcharges to the permit fees to offset the costs for the additional review and inspection times it costs the jurisdiction. For example, the California Energy Commission requires a plan review and inspection mandates. We receive no fees to provide this service. The same is true for the following mandates: Unreinforced Masonry; Air Pollution Control mandate with respect to asbestos and wood burning stove and fireplaces; CAL OSHA; Health Department with respect to food service or sale; backflow prevention; cross -connection; tank removal and/or replacement; bonding; Disabled access Title 24; Consumer Affairs with respect to barber shops, pharmacies, etcetera. The list seems to go on and on, but this is what the state and federal government mandates to every jurisdiction. It is beyond comprehension how 2 people can adequately meet the needs of the mandates without proper tools, space and people. The City's general fund is recovering these costs, not the developer, the reason being the complex regulations cost time to review, thus resulting in an expense to the City. In conclusion we propose to recover the losses to the general fund by balancing the plan review and inspection fees with the complexity of the project. We recommend a simplified calculation method which provide a positive public perspective. In addition, lie • private citizens would not be subsidizing new development. ES/BA: C-.WSOFFICEIWINWORD�BLOGOFIC11994BUDG.MEM 7, • • 0 _ :_ • t_. 4_ • • • .M APPLICANT: "What will the building permit cost to build a home in Morro Bay?" STAFF: "Your building inspection and plan review fee will be .025 times the value of the work. At the time of submittal, half of that fee will be taken as a plan check review fee and the remainder is due when the permit is ready to issue." EXAMPLE: New Single Family Home 1500 sq. ft. dwelling Value of work: 500 sq. ft. garage $105,000.00 Administrative Coastal Development Permit (Planning) $300.00 Building (plan review and inspection - 2.5%) 2,625.00 Water Availability 355.00 Sewer Availability 2,200.00 In Lieu Housing 450.00 Retrofit 250.00 Strong Motion Tax (Seismic) 10.50 Grading Permit 22.50 TOTAL COST PAYABLE TO THE CITY: $ 6,213.00 ADDITIONAL COST (Other Agencies) Applicant's cost to Retrofit (Varies $3,000 - $6,000) School Impact Fee ADDITIONAL COSTS: $ 4,500.00 S 2,250.00 $ 6,750.00 L NO. 74-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING TRAVEL SUBSISTENCE RATES WHILE ON OFFICIAL BUSINESS FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has adopted a travel policy governing expenses and setting forth conditions when traveling on official business for the City; and WHEREAS, said policy requires the City Council to establish by resolution the per diem rates necessary for the conduct of City business by City employees and officials during travel status; andts WHEREAS, the maximum allowable per diem rate is based upon a complete day in travel status, and for continuous travel in excess of twenty-four (24) hours; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt the following per diem allowances based upon the approximate distribution: • A. Maximum per diem rate: $45.9-0 per day as follows: $ 6.50 Breakfast 10.00 Lunch 18.00 Dinner 10.50 Miscellaneous Expenses B. These subsistence rates may be reviewed annually by the City Council during budget preparation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of August 1994, by the following roll call vote: AYES: Luna, Unger, Yates NOES: None ABSENT: Crotzer, Mullen Bridgett avis, City Clerk i 1 r K RESOLUTION NO. 73-94 • RESOLUTION ESTABLISHING WATER RATES FOR LICENSED HEALTH CARE FACILITIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Ordinance No. 440, adopted by the City Council at its meeting of July 25, 1994 provides for establishment of special water rates for licensed health care facilities; and WHEREAS, its is deemed appropriate to establish said rates at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that the Master Fee Schedule is hereby amended to include special water rates for licensed health care facilities as follows: The total water use of licensed health care facilities, incorporating the sum total of all water meters serving said facilities, shall be changed as follows: a. the first 800 billing units of monthly total water use shall be computed and billed at the current and prevailing 10 billing unit use rate; and b. Any and all monthly water usage in excess of 800 billing units shall be computed and billed at the total water use per unit of use delineated by the current and prevailing water rate • schedule. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of July 1994 by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGET AVIS, City Clerk WTB/LC:C:B1LL:73-94 40 • RESOLUTION NO. 72-94 RESCINDING RESOLUTION NO. 98-93 THE CITY COUNCIL City of Morro Bay, California WHEREAS, on October 25, 1993 the City Council passed Resolution # 98-93 authorizing a mooring location for Sandal Makara under certain conditions, and; WHEREAS, Mr. Makara has not met the conditions of Resolution #98-93, and; WHEREAS, the City Council does now desire to rescind Resolution #98-93. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Morro Bay that Resolution #98-93 shall be rescinded. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of July, 1994, by the following vote: ,AYES: Crotzer, Luna, Unger NOES: Mullen, Yates ABSENT: None BRIDGETT U AVIS, CITY CLERK 0 RESOLUTION NO.98-93 DESIGNATION OF NON -CONFORMING MOORING, THE CITY COUNCIL • City of Morro Bay, California WHEREAS, Sandal Makara's vessel has been moored in its current location at least twelve years, and; WHEREAS, the Municipal Code of the City of Morro Bay prohibits mooring of vessels except in designated mooring areas and the Morro Bay Municipal code also requires the owner or operator of any privately owned mooring within the City to pay fees as outlined in the City Master Fee Schedule, and; WHEREAS, Mr. Makara's mooring location is not currently in a designated location for mooring and Mr. Makara currently pays no fees, and; WHEREAS, City and Mr. Makara wish to resolve the above issues by the City designating Mr. Makara's mooring as a temporary authorized location, provided Mr. Makara complies with applicable rules and regulations of the City of Morro Bay. NOW, THEREFOR, BE IT RESOLVED by. the City Council of the City of Morro Bay that the City designates a specific mooring location in the city of Morro Bay for the mooring of the Vessel "Monastery" and one support boat for the exclusive use of Sandal Makara. The designated location of the mooring is shown on the attached map, labeled "Exhibit A" and incorporated herein by reference. The fee for this mooring shall be as set out in the City's Master Fee Schedule. Mr. Makara shall be responsible for provision, installation and maintenance of all mooring equipment and gear as required by the Harbor Department and shall meet the requirements of the City's Vessel Habitation Ordinance No. 427, except that fthe vessel inspection may be performed at the vessel location, within 90 days of the date of this resolution. BE IT FURTHER RESOLVED that Mr. Makara voluntarily provides assistance to users of the waters of Morro Bay. Such assistance is at the sole discretion and liability of Mr. Makara and that the city does not control or supervise Mr. Makara in these activities. This designated mooring location shall not apply to any vessel other than the Monastery and shall terminate immediately upon the transfer of title to the Monastery. In the event of death of Mr. Makara, or should Mr. Makara relocate or abandon this vessel, this Resolution shall become null and void and the designated mooring location shall terminate immediately. In such event, City shall remove any remaining mooring gear and tackle and store it for Mr. Makara's heir or successors for a period of 60 days. The City Council of the City of Morro Bay directs City staff to report back to the City Council should Mr. Makara not comply with the City rules and regulations including; payment of fees, discharge of sewage or wastewater, City requirements for installation and inspection of mooring gear and tackle, use of profane language or interference with Police or Harbor Patrol on the, radio during the period of use of this designated mooring. This resolution may be rescinded and the City may terminate the use of the mooring location should the City Council find that Mr. Makara has failed to comply with the terms and conditions of use as outlined in this resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of October, 1993, by the following vote: AYES: Crotzer, Mullen, and Yates •NOES: Luna and Unger ABSENT: None BRIDG DAVIS, CITY CLERK • RESOLUTION NO. 71-94 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF A 22' HARBOR PATROL VESSEL THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay's adopted budget for FY93-94 included funds for the purchase of one new harbor patrol vessel; and WHEREAS, Bid No. HD 94-01 was issued March 21, 1994; and WHEREAS, only one bid was received from DeLorie Enterprises in the amount of $98,909.00; and WHEREAS, Davis Boats has been identified as a sole source vendor for the 22' harbor patrol vessel for a boat fitting the basic specifications of the Harbor Department to be provided within the budget, and to allow for on -site inspection and immediate response during sea trials and warranty. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the bid presented by DeLorie Enterprises in the amount of $98,909.00 is hereby rejected. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the contract isto build a 22' harbor patrol vessel be awarded to Davis Boats, the amount of said contract not to exceed $42,660. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of July, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None • CITY OF MORRO BAY • STATE OF CALIFORNIA CONTRACTFOR HARBOR PATROL VESSEL THIS AGREEMENT, made and concluded, in triplicate, this -9.- day of AOG , 1994, between the City of Morro Bay, State of California, party of the first part, and Estero Bay Investors Inc dba Davis Boats the party of the second part hereinafter called Contractor. The parties hereto do mutually agree as follows: Article I. — WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in Exhibit A, hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own property cost and expense, to do all the work and to furnish all the materials necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the said party of the first part, a 22' Harbor patrol rescue vessel as outlined in the attached proposal entitled exhibit B. The work to be done is shown upon plans and in specifications entitled Exhibit B, which • said plans and specifications are hereby made a part of this contract Article II. -- The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, and administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. Article III. -- It is further expressly agreed by and between the parties hereto that should there by any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. Article IV. — By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Article V. -- And the said Contractor agrees to receive and accept the following •prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which nay arise or be encountered in the prosecution of work until its acceptance by the said party of the first part and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension of discontinuance of work and for well and faithfully completing the work, and the whole thereof, and in the manner and according to the plans and specifications attached as Exhibit A and Exhibit B IN WITNESS, WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written. CITY OF MORRO BAY ATTEST: • BR1DGE13r DAVIS, City Clerk DAVISBOATS HAROLD DAVIS, PRESIDENT, contractor • EXHIBIT A Contractor shall construct and deliver to the City of Morro Bay Harbor Department by December 1, 1994 a 22' Radoncraft "Cortez" model as outlined under the attached cost estimate labelled HARBOR PATROL BOAT, and entitled Exhibit B and as modified under this contract by mutual agreement. The City's Chief Harbor Patrol Officer shall be provided access to observe all phases of the construction process and shall be authorized to direct changes from the base boat as described at costs as mutually agreed with Contractor but not to exceed $42,660. Changes from the base cost estimates will be executed by written price quote from the Contractor with written approval of Chief Harbor Patrol Officer. City shall pay Contractor $17,550 upon initiation of construction of the boat, $8,775 upon the Chief Harbor Patrol Officer agreement that the vessel hull is ready for powering and the remainder including sales tax and all changes approved by Contractor and Chief Harbor Patrol Officer within 30 days of delivery of vessel provided City certifies the vessels has no defects or defaults during a 10 day sea trial period after delivery. Engine, outdrive powertrain and all Contractor installed equipment shall have full manufacturer warranty, vessel hull shall be warrantied against any defect for three years after delivery by Contractor. Contractor shall provide training and sea trials as reasonably required by Chief Harbor Patrol Officer. chibit B AVIS BOATS • P.O. Box 1525 • 1147 Scott Street • Mono Bay, CA • 93442 • (805) 772-2208 22 ft. x 8'6" Color - Blue Power - 454 7.41, Merc Bravo II Drive Fresh water cooling Guages - Tach, votlmeter, temp , fuel, hour meter $32,000 Boat to include: Windshield Compass Forward opening hatch Nav lights 2 extra large circuit panels 2000 GPH bilge pump w/auto switch 10" stainless cleats 2 power outlets (spot light type) Large side scuppers Bilge blower Interior cabin light Dual batteries, group 27.& switch Single 132 gallon removable fuel tank Gel -coated interior Ledgered storage on top of bunks Maximum foam floatation Pretinned marine grade wire All stainless fasteners Bottom paint $ 600 Swim step w/rub rail edges $ 550 Hard top w/lockable electronics box, alum brackets, & 3 lights $ 2,400 Changes & modifications to buyer specifications available. n L-A • RESOLUTION NO. 70-94 AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO CONTRACT NO. 91-102-038 $2,000,000 LOAN WITH THE DEPARTMENT OF BOATING AND WATERWAYS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and the Department of Boating and Waterways entered into Contract No. 91-102-038 a $2,000,000 loan agreement for reconstruction of the South T-Pier on July 22, 1991; and WHEREAS, the loan agreement was amended to lower the interest rate on the loan in May, 1993 per First Amendment to the contract; and WHEREAS, the City of Morro Bay requested that the Department of Boating and Waterways amend the loan further to provide for a change in the final request for disbursement date to July 1, 1995, change of the commencement of loan repayment to August 1, 1995 and inclusion of the Anchor Park slip area as part of the PROJECT AREA; AND is WHEREAS, the Department of Boating and Waterways has agreed to these changes and incorporated them into the Second Amendment to contract No. 91-102-038. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the Second Amendment to Contract No. 91-102-038 with the Department of Boating and Waterways. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of July, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None • BRIDGET DAVIS, CITY CLERK SECOND AMENDMENT TO CONTRACT $2,000,000 Morro Bay Loan This amendment is entered into on April 29, 1994 between the California Department of Boating and Waterways (DEPARTMENT) and the City of Morro Bay (BORROWER). DEPARTMENT and BORROWER agree to amend their contract of July 22, 1991 (Contract No. 91-102-038) as follows: 1. Section 4 shall read: "The BORROWER shall make the last request for the disbursement of loan funds from the LENDER no later than July 1, 1995." 2. Section 3(b) shall read: "Repayment of the loan shall begin on Augustt 1,, 1995." 3. EXHIBIT B shall be amended to include the Anchor Park slip area, a legal description of • which is attached; this shall also become a part of the PROJECT AREA. Save as herein or previously amended, the contract of July 22, 1991 shall remain in full force and effect. 0 • CITY OF MORRO BAY By A A�ce— ate Sig e STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS By Director. Date Signed a • DATE E 101- 2 W I01-2W r Z emmm• smmm• N 130 30' 46' W •TAT[ OF CAN►OONU N 13 30' 46' W SNORE CONTROL LINE Top of Revement A[1OUNZ6 AMU CT MATING FAC1UMS DMIM MORRO BAY, . ANCHOR PARK SLIP PROJECT LEGAL DESCRIPTION RESOLUTION NO. 69-94 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY., ANNOUNCING FINDINGS,AND DESIGNATING THE CITY OFFICIAL RESPONSIBLE FOR ACTING ON THE CITY'S BEHALF ON ALL MATTERS PERTAINING TO THE 1993 COMMUNITY DEVELOPMENT BLOCK 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 on the 25th day of July, 1994, did hold a duly noticed PUBLIC HEARING to consider the designation of the Community Development Director as the City Official responsible for acting on the City's behalf on all matters pertaining to the 1993 Community Development Block Grant; and WHEREAS, the City of Morro Bay applied for a 1993 Community Development Block Grant (CDBG) from the California State Department of Housing and Community Development (HCD) as authorized under Morro Bay City Council Resolution No. 21-93; and WHEREAS, the application was successful and awarded to the City under Grant No. 93-STBG-674, and is to be utilized for the development of the affordable senior rental apartments, Oceanside • Gardens; and WHEREAS, there is a need to streamline and expedite communication between HCD and the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. The Director of the Community Development Department is hereby authorized and directed to act on the City's behalf in all matters pertaining to the CDBG grant #93-STBG-674. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25th day of July, 1994, by the following vote to wit: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None • BRIDGETT VIS; City Clerk • RESOLUTION NO. 68-94 RESOLUTION APPROVING SUBLEASE FOR PORTION OF LEASE SITE 91-92/91W-92W TO ROSEMARIE HOFFMAN THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites No. 91-92/91 W-92W; and WHEREAS, Harold and Rita Anderson are the lessees of said property; and WHEREAS, lessees have terminated the sublease agreement approved by City Resolution 16-91 with Frank St. Denis and William DeCarolis; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessees have entered into a Consent to Sublease Agreement for portions of the leased premises with Rosemarie Hoffman, a copy of which been presented to the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay • does hereby consent to the sublease of portions of Lease Sites No. 91-92/91 W-92W to Rosemarie Hoffman for operation of a retail gift and collectable sales. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 11 th day of July, 1994, by the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None BRIDGET6DAVIS, 11 CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT (the "Agreement") is entered into this 04-` day of j nJ • 1994, by and among HP=�'tD 14AlDena o•� ("TENANT'), and Rosemarie Ho fman ("SUBTENANT') and the City of Morro Bay, California, ("City") pursuant to the terms of that certain Lease Agreement dated 11/1/88 between TENANT and CITY (the "Master Lease)". 1. Sublease: CITY acknowledges receipt of the form of Sublease to be executed by TENANT and SUBTENANT (the "Sublease"). Under such Sublease, TENANT shall lease to SUBTENANT a portion of the premise- located at 899 Embarcadero The term of the Sublease shall not exceed the term of the Master Lease, and the Sublease shall ternunate upon any termination of the Master Lease. 2. Compliance with Master Lease: TENANT guarantees SUBTENANT's compliance with all of the terms of the Master Lease, and each party agrees that a violation by SUBTENANT of any such terms shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with all of the terms of the Master Lease. SUBTENANT ges its duty to from TENANT a complete copy of the Master Leas and all amendmentsdthereto and agre sbtain to comply • with all of the terms of the Master Lease. 3. SUBTENANT's Use of Premiss: The proposed use by SUBTENANT of the subleased premises is as follows: Retail gift and c sal - The percentage of gross sales payment required for the proposed use pursuant to the Master Lease is a follows: 5 %. Neither the proposed use, ror its location or size may be changed or altered without the prior written consent of CITY. Any use by SUBTENANT of the subleased premises for a use other than that specified in this paragraph,whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use and shall be considerede any ach of the Master Lease and this Agreement. Should such a breach occur, CITY may p Y and all remedies available to it under the Master Lease for unauthorized uses. For purposes of this Agreement, "gross sales" shall have the meaning given such term in the Master Lease. 4. Payment for Subleased Premiss: TENANT shall be liable for all sums owed pursuant to the terms of the Master Lease and this Agreement. In the event TENANT fails to pay any such sum when due, CITY may, at its option, require SUBTENANT to pay its rent obligations under the Sublease directly to CITY. Payment by SUBTENANT shall not relieve • TENANT of its independent liability thereunder except to the extent of SUBTENANT's s when due shall constitute a violation of the Master Lease payments. Any failure to pay all sum and CITY may pursue any and all remedies available to it under the Master Lease. Page I of3 • 5. Audit ts: ffighSUBTENANT agrees to and shall keep full, complete and accurate records and books of account in accordance with generally accepted accounting practices showing the total amount of gross sales made each calendar month in, on or from the subleased premises. Such records and books of account shall at all reasonable times by representative or agent of TENANT and CITY. 6. Improvements: SUBTENANT shall not alter, modify or improve the subleased premises or any part thereof without the prior written consent of CITY. 7. Indemnification: SUBTENANT and TENANT each agree to defend, indemnify -and save CITY free and harmless from and against any and all claims, losses, costs and expenses, in l d(a) ng reasonable attorney's fees and court costs arisingfrom or in, any Y related SUBTENANT's failure to comply with any of the terms of the Master Lease or this Agreement or (b) SUBTENANT's holding, using or operating the subleased premises. g. Insurance: Unless SUBTENANT is included as an additional insured under the terms of Tenant's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as adovine the certificates ured of without offset against the CITY's insurance. SUBTENANT agreesp insurance and copies of the actual insurance policies to the CITY as required under the Master • Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from time to time. 9. Breach: Any breach of this Agreement shall constitute a breach of the Master Lease and CITY may pursue any and all remedies available to it under the Master Lease. e To the extent that any of the terms of the Sublease are 10. ConllictinProvisions:_ inconsistent with any of the tetras of this Agreement or the Master Lease, this Agreement or the ocument. To the extent that this he rolling iement s inconsistent s er stsent with the terms of hee shall supersede and be tMaster tLease, the Master Lease hall supersede andbehe controlling document. 11. Attorney v=Fees_ If any party shall bring legal proceedings against the other party or parties arising out of or in connection with this Agreement or the enforcement of any of its provisions, the prevailing party shall be entitled to have and recover from the losing parties reasonable attorneys' fees and costs of the suit in addition to any other relief granted. 12. Miscellaneous: (a) Neither TENANT nor SUBTENANT shall assign this Agreement, except in compliance with the terms for assignment set forth in the Master Lease. • (b) This Agreement shall be governed in all respects by the laws of the State of California, excluding its choice of law rules. Page 2 of 3 • (c) Should any provision of this Agreement be held to contravene any law or regulation or be unenforceable, then the valid portion thereof and all other provisions of this Agreement shall remain in full force and effect. (d) Any waiver (express or implied) by either party of any default or breach under this Agreement shall not constitute a waiver or any other or subsequent default or breach. (e) This Agreement, together with the Master Lease and. the Exhibits attached hereto, constitutes the entire, final complete and exclusive agreement between the parties with regard to the subject matter hereof, and supersedes all prior agreements and understandings, either oral or written, and may only be amended by a writing signed by all parties. (f) All rights and remedies hereunder shall be cumulative, may be exercised singly or concurrently, and shall not be deemed exclusive. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written at Mono Bay, California. • ATTEST: Bndgett avis, City Clerk • CITY OF MORRO BAY A Municipal Corporation SUBTENANT: TENANT: rcu � Page 3 of3 EXHIBIT ^A^ CONSENT TO SUBLEASE AGREEMENT At a minimum,.certain books and records shall be kept by Lessee and Sublessee such as: 1. Prenumbered and dated guest checks; 2. Prenumbered sales invoices or daily cash register tapes; 3. Bank Statements; 4. Sales Tax Returns; 5. Sales Journals; • 6. Cash Disbursement Journals; and 7. General Ledger • U RESOLUTION NO. 67-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RATIFYING SAN LUIS OBISPO COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT FOR FISCAL YEAR 1994/95 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 provides that membership in the San Luis Obispo Council of Governments is contingent upon 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 Fiscal Year 1994/95. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, hereby ratifies the San Luis Obispo Council of Governments Joint Powers Agreement for Fiscal • Year 1994/95, 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 the llth day of July, 1994 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGEll DAVIS, City Clerk u San Luis • Obispo Council of Government Regional Transportation Planning Agency "` nec;d�o Metropolitan Planning Organization croa`Y Rro le P g g Mo Pismo beach Congestion Management Agency San LuisSanUObispo Obispo County FY 94-95 JOINT POWERS AGREEMENT OF THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS WITNESSETH: THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, September 19, 1984, July 19, 1990, June 10, 1992, June 2, 1993, and June 8, 1994 by and among such of the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, 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 seg., 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 council; 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 „I....... n, 0--_ I_ nnn c__ r - -'- nt.:..-- f-n 01nm A 'r i tQOrN 7Q1 4110& V,. /Qnrl7R1-S7nA SLOCOC JOLT POWERS ACRFEINIENT c:\Np51\resos\1994-95..ira • 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 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 The member cities and county have joined together to establish the San Luis Obispo Council of Governments for the following purposes: 1. As a Regional Agency, address issues of mutual concern to the county and the cities in the San Luis Obispo region, and satisfy federal and state planning and programming mandates. 2. Provide a forum for planning, discussion, and study of areawide issues; prepare and adopt regional plans and programs; serve as the regional agency for federal and state programs and funding opportunities; and address other areawide issues based on the desires of the member jurisdictions. • 3. Represent member jurisdictions as planner, programmer, and broker in developing an efficient and effective multi -modal transportation system that provides for the mobility needs of people, goods, and services while protecting the environment. 4. To maximize state and federal funding and facilitate the development, coordination, and implementation of local, and regional transportation programs to improve mobility and air quality. These purposes are to be achieved through the following methods: 1. Administer the Joint Powers Agency (JPA) as the Council of Governments (COG), the Metropolitan Planning Organization (MPO), the Regional Transportation Planning Agency (RTPA), and the Congestion Management Agency (CMA), for San Luis Obispo County. 2. Allocate applicable federal, state, and local transportation funds to member jurisdictions consistent with appropriate federal and state statutes, policies, and regulations. Conduct a continuous, cooperative, and comprehensive multi -modal transportation planning and project programming process that satisfies federal and state requirements. • 3. Conduct a continuous, cooperative, and comprehensive multi -modal transportation planning and project programming process that satisfies federal and state requirements. Page 2 su>coc JOINT rowels AGREEMENT c:\wp5I\resos\I99J-95.jpa 4. Facilitate and monitor the assessment, coordination, funding, utilization, and improvement of an effective and efficient multi -modal transportation system that satisfies the existing and projected mobility needs of the region. 5. Develop the County Integrated Waste Management Plan in cooperation with the County, Cities, and other affected entities, until such time that duties are transferred to a solid waste authority. 6. Serve as the Regional Census Data affiliate to analyze and disseminate socio- economic and demographic data for integration into local and regional studies and plans. 7. Discuss and study area -wide problems of mutual interest and concern to the cities and county and facilitate the development of policies and action recommendations for the solution of such problems. II. ESTABLISHMENT OF THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) Upon the effective date of this agreement the parties hereto reaffirm the establishment of the San Luis Obispo Council of Governments hereinafter, SLOCOG, a • separate and distinct public entity, as the agent to exercise the common powers provided for in this Agreement, and to administer or otherwise execute this Agreement. When originally established, SLOCOG was known as the San Luis Obispo County and Cities Area Planning and Coordinating Council, subsequently renamed SLOCOG, and renamed as the San Luis Obispo Area Coordinating Council. SLOCOG, as successor entity to the original COG established in 1968, insofar as its predecessor entity has been designated, and insofar as legally authorized shall function as: 1. The Area Wide Planning Organization (APO), as designated by the U. S. Department of Housing and County Development (HUD); 2. A Council of Governments (COG), as designated by the Governor of the State of California; 3. A Regional Transportation Planning Agency (RTPA) as designated by the Secretary of Business and Transportation Agency of the State of California; 4. The Metropolitan Planning Organization (MPO) as designated by the U. S. Department of Transportation; and 5. The Congestion Management Agency (CMA) as designated by the County of • San Luis Obispo and the cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo. Page 3 SLOCOG JOINT PONT:RS AGREEMENT • III. POWERS c:\wp51\resos\ I 994-95.jpa The San Luis Obispo Council of Governments hereinafter called "SLOCOG," is hereby 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 approved 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; to acquire, hold and convey real and personal property; incur debts, obligations and liabilities; sue and be sued; and to administer the affairs of SLOCOG 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 SLOCOG 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 SLOCOG 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 SLOCOG. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the SLOCOG in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to SLOCOG 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 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 serve 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 as the first appointment. The Director of the California Department of Transportation, District 5, or his appointee, may sit as an ex officio member of the Board. He or she shall receive all meeting notices, shall have the right to participate in Board discussions, and have the right to request matters on the agenda, but shall not be counted towards a quorum of the Board and shall have no vote. 3. Member city agencies may elect to have an alternate member(s) from their city • council in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. Page 4 SLOCOG JOINTPON easAGREEMENT c:\wp5I\resus\I99a-95.jpa 4. Designation of the official representative or alternate(s), or changes thereto, shall be transmitted in writing to the Executive Director of SLOCOG by the appointing city. 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 SLOCOG 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. V. OPERATION 1. The powers of SLOCOG 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 SLOCOG. 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, however, that the recommendations of SLOCOG 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 SLOCOG 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 SLOCOG, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by SLOCOG performing functions as the MPO, RTPA and CMA for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seg., Government Code as provided for therein, and State and Federal planning funds. 3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary operation of SLOCOG, including but not limited to salaries, office space, furniture, and services and supplies shall be set forth in the budget as part of the annual work program of SLOCOG and shall be funded from designated funds as approved by SLOCOG and applicable state and federal agencies. Extraordinary costs as recommended by SLOCOG • shall be borne by contributions from the member entities as approved by their governing bodies. Page 5 SLOCOG JOINT POWERS AGREEMENT c:\Wp51\resos\199J-95.jpa • Costs of all other extraordinary activities undertaken by SLOCOG as the Areawide Planning Organization shall be set forth in the budget as part of the annual work program and shall be funded from contributions from member entities as approved by their governing boards. 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 SLOCOG. Any extraordinary costs which have not been funded as part of the MPO, RTPA and CMA budget, shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including one (1) COUNTY representative. 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 SLOCOG shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of SLOCOG in an orderly manner. • VI. OFFICERS 1. The officers of SLOCOG shall consist of a President and Vice -President elected for a term of one year by a majority vote of member agency representatives to SLOCOG. 2. Both the President and Vice -President of SLOCOG 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 SLOCOG as Chairperson. 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 SLOCOG. Page 6 su>coc JOINT POWERS AGREEMENT c:hvp5I%resos\199J-95.jpa b. Vice -President: 1) Shall serve as Chairman pro-tempor in the absence of the President. 2) Shall give whatever aid is necessary to the President in administering SLOCOG. 3) Shall 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 be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the SLOCOG, the officer elected to serve for the balance of the unexpired term. VII. PERSONNEL AND SERVICES 1. Executive Director. The Executive Director shall be selected by, and shall serve at the pleasure of and upon the terms prescribed by the SLOCOG Board. The powers and the duties of the Executive Director are to: • a. Serve as the chief administrative officer for SLOCOG and to be responsible to SLOCOG for the administration of all SLOCOG affairs. b. Supervise and direct the preparation of the annual work program and budget to SLOCOG and be responsible for its implementation after adoption by SLOCOG. C. Attend meetings of SLOCOG Board and act as Secretary to the SLOCOG Board. d. 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 SLOCOG. e. Prepare and submit to SLOCOG periodic financial reports and prepare 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. f. Appoint, supervise, suspend, discipline, or remove SLOCOG employees subject to these policies and procedures adopted by SLOCOG. Page 7 SLOCOG JOINT POWERS AGREEMENT c:\wp5 Brews\ 1994-95.j tla • g. Maintain a record of all financial transactions, correspondence and reports of SLOCOG. h. Contract and assure completion of an annual audit of SLOCOG. Perform such other duties as SLOCOG may require in carrying out the policies and direction of SLOCOG Board. j. Maintain custody and control of all property of SLOCOG, other than monies and securities. . 2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as legal counsel at the pleasure of SLOCOG Board and shall be reimbursed for services rendered. 3. Treasurer. The Treasurer of the County of San Luis Obispo shall be the Treasurer of the SLOCOG. Treasurer shall: • a). Receive and receipt all money of SLOCOG and place it in the treasury of San Luis Obispo County to the credit of SLOCOG. b). Be responsible for the safekeeping and disbursement of all SLOCOG money held by him/her. c). Pay any sums due from SLOCOG, from SLOCOG'S funds held by him/her or any portion thereof, upon warrants of the SLOCOG controller designated herein. d). Verify and report in writing as soon as possible after the first day of July, October, January, and April of each year to SLOCOG the amounts of monies he/she holds for SLOCOG, the amount of receipts since his/her last report, and any interest accrued to those funds. e). Invest funds. SLOCOG shall reimburse the Treasurer for the actual cost of services rendered. 4. Controller. The Auditor -Controller of the County of San Luis Obispo shall serve as the controller at the pleasure of the SLOCOG Board and shall be reimbursed for • services rendered. Page 8 sux:oc aorv'r POWERS AGREEMENT • The Controller shall: c:\wpS l \resos\1994A5.j pa a). Draw warrants to pay demands against SLOCOG when the demands have been approved by the COG Board and/or the COG Executive Director. He/She shall be responsible on his/her official bond for his/her approval of disbursement of SLOCOG money. b). Keep and maintain records and books of account under the custody of the Controller on the basis of generally accepted accounting practices. c). Make available all such financial records of SLOCOG to a certified public accountant or public accountant contracted by SLOCOG to make an annual audit of the accounts and records of SLOCOG. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing standards. SLOCOG shall reimburse the Auditor/Controller for the cost of services rendered. 5. Bond Requirements • a). The Executive Director and such other employees of SLOCOG as may be designated by the COG Board, shall file with SLOCOG an official fidelity bond in a sum determined by the Council as security for the safekeeping of SLOCOG property entrusted to such employees. Premiums for such bonds shall be paid by SLOCOG. b. The County 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. Vill. MEETINGS 1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at more frequent intervals as approved by SLOCOG. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of SLOCOG. 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 August, October, • December, February, April and June, or as specified in the annual meeting calendar adopted in June. The June meeting shall be designated the "annual meeting." Page 9 sux_cx: JOINT POWERS AGREEMENT c:\wp51\resos\199a-95.jpa • 5. The Executive Director of SLOCOG will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of SLOCOG or vote on any motion before SLOCOG. 7. The meeting agenda shall be prepared by the Executive Director to SLOCOG. Agenda material shall be submitted to the Executive Director at least fourteen (14) calendar days prior to the next regular meeting and distributed to members at least twelve (12) 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 SLOCOG pursuant to provisions of the Brown Act. 8. SLOCOG, 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 SLOCOG may adopt will govern all proceedings not specifically provided for herein. • 10. Executive sessions shall be held in accordance.with applicable law. 11. SLOCOG shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to SLOCOG and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as SLOCOG 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: a). Administration Committee, comprised of all managers and administrators of member jurisdictions; • b). Legal Committee, comprised of SLOCOG's legal counsel and the attorneys of the member agencies; Page 10 SIA)COG JOINT POWERS AGREEMENT c: \w p51 \ res os\ 1994-95 J p a • c). the Planning Committee, comprised of all agency planning officials appointed by their respective agencies; d). the Public Works Committee, comprised of all agency engineering officials appointed by their respective agencies; e). 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 SLOCOG; f). Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code; and g). An Executive Committee comprised of the President, Vice President and the past President and at least one representative from the county of San Luis Obispo (if none of the above) said committee is to advise SLOCOG on: the budget and Overall Work Program; controversial, sensitive and major policy issues; and criteria for competitive funding allocations. Items for review shall be selected by the President with consultation by the Executive Director. • 4. No committee shall commit SLOCOG on any matter or questions of policy. Such matters or questions can only be decided by SLOCOG. 5. All committees shall receive clerical assistance from SLOCOG 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 SLOCOG and the Executive Director. X. FINANCE 1. SLOCOG 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. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and shall have custody of all money of SLOCOG from whatever source received. SLOCOG shall contract with an independent certified professional accountant to conduct annual fiscal audits as required by the California Public Utilities Code Section 99245 and the Federal Single Audit Act of 1984. XI. CITIZEN INVOLVEMENT • SLOCOG shall carry out a process for citizen involvement in major decisions. Such Page 11 sEOcoc JOINT POWERS AGREEMENT c:\"p51\resos11994-95Jpa process shall include: a Citizen's Transportation Advisory Committee for advising SLOCOG on all transportation issues; legal notices, and or press releases for all adoption of all plans and for the allocation of and prioritization of funding; and widespread distribution of an agency newsletter. XII. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of SLOCOG 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 SLOCOG, 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 SLOCOG 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. 3. A member withdrawing shall not be liable for the payment of further contributions • falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to SLOCOG, 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 SLOCOG. If any party hereto fails to pay its contribution, as determined by SLOCOG, said entity shall be deemed to have voluntarily withdrawn from SLOCOG. 41 4. SLOCOG 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 SLOCOG in proportion to the contributions made. XIII. 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. Page 12 • SU)COO JOINT POWERS AOREPEMF.N'T c: \wp51 \resos\ 1994-95.j pa IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRANDE 0 Mayor Clerk CITY OF ATASCADERO By: Mayor • Clerk CITY OF GROVER BEACH By: Mayor Clerk CITY OF MORRO BAY By: Y� -lerk CITY OF PASO ROBLES Date: Resolution No. Date: Resolution No. Date: Resolution No. Date: July 11, 1994 Resolution No. 67-94 By: Date: Mayor Resolution No. _ • Clerk Page 13 • SLOCOG JOINT POWERS AGREEMENT CITY OF PISMO BEACH 0 Mayor Clerk CITY OF SAN LUIS OBISPO By: Mayor Clerk COUNTY OF SAN LUIS OBISPO By: • Chair Clerk Date Resolution No. Date: Resolution No. Date: Resolution No. APPROVED AS TO FORM AND LEGAL EFFECT: RAY BIERING SLOCOG Legal Counsel Le al Coun I Dated: c:\wp51\resos\ 1994-95.j pa • Adopted by SLOCOG June 8, 1994 Page 14 RESOLUTION NO. 66-94 • RESOLUTION CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED ABATEMENT PROCEDURE AND MAKING ASSESSMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro 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 Morro Bay Municipal Code for the year 1994; and NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California as follows: 1. That no objections to said report and assessment have been made. 2. 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 work was done by the Contractor is hereby approved as submitted. • 3. Said report shall be filed in the office of the City Clerk and said City Clerk shall file a certified copy of said report with the San Luis Obispo County Auditor on or before August loth of each year; and 4. The County Auditor shall thereon 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 39588 inclusive. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 11 th day of July, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Crotzer, Luna, Mullen, Unger, Yates None None None ATTEST: • BRIDGET DAVIS, City Clerk dr:weed I DEPARTMENT OF PUBLIC WORKS 695 HARBOR STREET MORRO BAY CA 93442 (805)772-6261 ############################################################################################## Ile Yearly Weed Abatement Program is focused at reducing potential fire hazard in the City by protecting the public through the enforcement provisions of Morro Bay Municipal Code Section 8.12. On April 1, 1994, approximately 665 notification letters were mailed to owners of improved and unimproved parcels in the City with the requirement that abatement of weeds and/or offending vegetation occur between May 1 and May 31, 1994. ############################################################################################## Dear Property Owner: Date: 1994 Our latest assessors roll indicates you are the owner of the property described below. Please notify us if you no longer own the property. During an inspection of previously notified parcels or for reasons mentioned below, an accumulation of growth was found at your property as described below. As the owner, you have the obligation to abate the growth yourself or thorough the services of a private contractor, if you fail to do so, the City Contractor must abate the growth. The average lot assessed per pawl in last years program was $200, including the City's 30% administrative fee. The assessed cost appears on the owners yearly property tax bill. The "Owners Weed Abatement Red Form" (other side of this page) must be completed and returned to the Public Works Office on or before the deadline indicated below, otherwise, your parcel will be subject to • abatement (or further abatement) by the City Contractor. These forms are also available at the Public Works Office. THIS IS THE ONLY NOTIFICATION YOU WILL RECEIVE. If your property is improved and is not the address of this mailing, a duplicate copy of this letter was mailed to the "occupant" of the address of your property described below. Owners whose parcels are abated by the City Contractor will have the opportunity to appeal the charges assessed at the City Council's regular meeting of February 14, 1995, Appeals to the City charges need to be submitted to the City in writing and received by January 15, 1995. For further information, please ask for Lillian Roske (805)772.6263. Your prompt attention to this matter is appreciated. Sincere)ry, Lillian R Roske Engineering Division 'OWNER TO HAVE PROPERTY ABATED AND "OWNER'S WEED ABATEMENT RED FORM" RETURNED TO THE PUBLIC WORKS OFFICE ON OR BEFORE 1994 Visual on 0 dr:bl:rcdform 994 Assessor's Parccl # E City of Morro Bay DEPARTMENT OF PUBLIC WORKS 695 HARBOR STREET MORRO BAY CA 93442 (805) 772-6261 -------- OWNER'S ABATEMENT RED FORM -------- THIS RED FORM MUST BE SUBMITTED TO THE PUBLIC WORKS OFFICE (comer of Harbor Street - and Piney Way) -NO LATER THAN ONE DAY FOLLOWING THE CLEANING OF YOUR PARCEL_ The mail slot at the Department of Public Works may be used during non -business hours. City Policy requires that ALL CUT AND DESTROYED VEGETATION SHALL BE REMOVED FROM THE PARCEL AND PROPERLY DISPOSED OF WITHIN 24 HOURS OF CUTTING and removed to the degree that wind and rain shall not be capable of transporting any remnants to adjoining properties, sidewalks, gutters, streets or drains. Parcels shall be abated to all adjoining property lines and to the street paving or curb. NO CLUMPS OR PILES SHALL REMAIN ON THE PARCEL AND THE STREET SHALL BE LEFT CLEAN. After the deadline indicated on the notification letter, any parcel which is not abated (or not abated per City requirements) will be abated (or further abated) by the City Contractor. The height of cut shall not exceed the highest adjusted level of a standard power rotary lawnmower. • Abatement methods involving burning, disking, tilling, or any form of excavation are not allowed. Chemicals may be used, but any "dead freezing" of weeds or vegetation beyond the above mentioned height or any form of resultant fire hazard will require further abatement. Please complete the information requested below. Should your parcel not meet City weed abatement requirements, then the owner or abating party will be notified to remedy the problem within 24 hours. This form is available at the Public Works Office. OWNER'S NAME PHONE( ) ABATING PARTY'S NAME PHONE (Mon -Fri - 8-5) IMPORTANT drb l : rcdform n U DATE & TIME OF CUTTING DATE & TIME OF CLEANING ADDRESS OR STREET ASSESSOR'S PARCEL RESOLUTION NO. 65-94 RESOLUTION AWARDING BID NO. PW94-146 FOR TWO NEW HEAVY-DUTY 1-TON TRUCKS • WITH UTILITY BODIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay's Adopted Budget for FY 1993-94 included funds for the purchase of one new heavy-duty 1-ton truck with utility body for the Department of Public Works/Water Division; and WHEREAS, Bid No. PW94-146 for such a truck was issued pursuant to Chapter 3.08 of the Morro Bay Municipal Code; and WHEREAS, one response was received and was publicly opened at 2:00 p.m., on May 26, 1994; and WHEREAS, the Adopted Budget for FY 1994/95 includes funds for the purchase of one heavy-duty 1-ton truck with utility body for the Department of Public Works/Water Division to be augmented by carry- over funds from FY 1993/94; and WHEREAS, said Bid provides the City may purchase additional equipment with similar specifications under the same terms and conditions set forth in the bid; and WHEREAS, it is in the public interest to purchase the two vehicles described hereinabove; and • WHEREAS, Central Valley Truck Center of Fresno, California has been determined to be the lowest responsible and responsive bidder at $48,075.02 for said vehicles. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW94-146 for two new heavy-duty one -ton trucks with utility bodies to Central Valley Truck Center of Fresno, California in the amount of $48,075.02. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 1 Ith day of July, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN Crotzer, Luna, Mullen, Unger, Yates None None None ATTEST: BRIDGET DAMS, City Clerk • MCU/LC:C:MIK . 5-94 RESOLUTION NO. 64-94 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 13, 1994 the City Council did adopt Resolution No. 55-94 setting a hearing on the annual assessment amount for the Bayshore Bluffs Maintenance Assessment District for July 11, 1994 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 11, 1994 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 1994-95 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 1994-95 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, 1994. LI RESOLUTION NO. 64-94 • PAGE 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this llth day of July, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AVIS CITY CLER • d4/w/commit/res64-94 • MAINTENANCE TASKS: BAYSHORE BLUFFS PARK Daily Review for vandalism/repair Outdoor Cleaning: Pick-up o paper o trash o cigarette butts Empty o 4 trash cans Check and Clean o 3 tables o 6 benches o I drinking fountain Indoor Cleaning: Check and Clean o 2 restrooms o 2 toilets o 1 washbowl Weekly Mow Turf: 60" rotary mower Edge Turf: edger Trim Turf: weedeater Blow Paved Areas: blower Parking Lot: blower • Every 2 Weeks Remove weed from bushes Monthly Check new trees/stakes Check irrigation system Every Three Months Trim bushes and Eucalyptus suckers Adjust light timer Annual Fertilize Seed New planting Paint building General Safety Inspection Trim trees and shrubs • As Needed Remove graffiti on walls Lights replaced Repair irrigation system ACTUAL COSTS-BAYSHORE BLUFFS PARRS MAINTENANCE ASSESSMENT DISTRICT F.Y. 1993/94 OBJECT 110-169 Personnel Services $13,100.00 Maintenance Worker II, 31 hours/month (10.75 months) Lead worker, 3 hours/month Director, 2 hours/month - OBJECT 230 Repair and Maintenance Supplies Lights replaced -bathroom, parking lot, path, stairway $ 127.00 Cleaning supplies 169.30 Jumbo roll toilet paper 400.00 Misc paint, brushes, rollers 37.00 8 yards bark -paths 247.14 6 eucalyptus trees 244.53 2 myoporum 60.00 Plumbing supplies 87.95 4 trash cans 80.00 • Fence repair materials 18.60 Lookout repair materials 15.29 Trash can liners 160.00 Round -Up 140.00 Plastic lens replacement 46.21 Womens restroom lock repair parts 12.21 • Total $ 1,845.23 OBJECT 351-353 Insurances $ 90.00 OBJECT 360 Public Utilities $ 4,836.82 Electricity, water, sewer, garbage OBJECT 370 Repair and Maintenance services Contractor Payment -July $ 1,425.00 Contractor Payment -August (23 days) 1,057.00 Repair cracked regulator valve -drinking fountain 135.72 Replacement of lights 67.86 Repair of fence 80.20 Repair of lookout 32.08 Steam cleaning 580.00 Snake drain/restroom 128.00 Repair sewage leak in mens and womens restrooms 399.76 Repair exposed/broken electrical wire 33.93 Adjust timer 8.02 Removal of hanging limb 127.50 Repair of vandalism -irrigation clock 50.89 Removal of graffiti, inside restroom, benches, lookout 160.40 Drip system repair 135.72 Plastic lens on light bollard 50.89 Spraying weed on bark paths 203.58 Repair lock in womens restroom 42.41 Repair facets in restrooms 80.20 Total $ 4,799.16 OBJECT 390 Miscellaneous Services Uniforms $ 105.84 Disposal of trimmings 24.09 Total $ 129.93 Second 1/2 of biannual trimming charge $ 2,400.00 Total budget F.Y. 1993/94 Bayshore Bluffs Park Maintenance Assessment District $27,201.14 1] RESOLUTION NO. 55-94 A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE • MAINTENANCE ASSESSMENT DISTRICT FOR BAYSHORE BLUFFS PARK 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 maintenance 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 authored annually by the Recreation and Parks Director as 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 11, 1994 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 June 1, 1994 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 1994-95 Fiscal Year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of June, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger, Yates NOES: None ABSENT: None ATTEST: • B IDGET DAVIS, CITY CLERK C � J EXHIBIT "All ENGINEER'S REPORT BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT PREPARED BY ANDREA R. LUERER DIRECTORt RECREATION AND PARRS JUNE 11 1994 BAYSHORE BLUFFS PARK 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 1994-95 F.Y. maintenance of Bayshore Bluffs Park. BAYSHORE BLUFFS PARK MAINTENANCE ASSESSMENT DISTRICT OBJECT 110-166: Personnel Services $14,026.00 Maintenance Worker II Leadworker Director OBJECT 230: Repair and Maintenance Supplies $ 1,500.00 • • Miscellaneous items to repair vandalism, lights, furniture, park signs, etc. OBJECT 351-353: Insurances $ 90.00 OBJECT 360: Public Utilities $ 4,895.00 • Electricity, Garbage, Restroom, Water/Sewer OBJECT 370: Repair and Maintenance Services $ 5,762.00 • Additional Electrical Repair Anticipated • Plumbing Services • Tree Maintenance OBJECT 390: Miscellaneous Services $ 400.00 • Sign Refurbishment and Repair, Uniforms TOTAL BUDGET $26,673.00 TREE TRIMMING 1/2 OF $4,000 BI-ANNUAL CHARGE $ 2,000.00 1994-95 F.Y. ANNUAL ASSESSMENT FOR MAINTENANCE $28,673.00 d10/w/adnin/bbpnad 11