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Resolution 01-95 to 77-95
• RESOLUTIONS 1995 NO. TITLE ADOPTED 01-95 Awarding the City Vehicle Smog Check Program for Calendar Year 1995 01-09-95 02-95 Approving Claims for Transportation Development Act Funding for Fiscal Year1994/95 01-09-95 03-95 Prohibiting On -Street Parking Along a Portion of 456 Elena Street 01-09-95 04-95 Approving Public Area Use Permit for • The Cal Poly Crew Club Regatta 01-23-95 05-95 Authorizing the Mayor to Execute the First Amendment to Contract No. 83-33-116-23 with the Department of Boating & Waterways 01-23-95 06-95 Adopting Guidelines for Selection of Advisory Board Members 01-23-95 07-95 Establishing the Public Works Advisory Board, and Rescinding Resolutions In Conflict 01-23-95 08-95 Adopting a Water Management Plan as Amended by the California Coastal Commission 02-14-95 09-95 In Response to the Minerals Management Service's Proposed Five -Year Off -Shore • Oil & Gas Leasing Program for 1997-2002 01-23-95 ;i • RESOLUTIONS 1995 NO. TITLE ADOPTED 10-95 Declaring Emergency Conditions at Twin Bridges, Morro Bay, CA 01-23-95 11-95 Declaring Priority Status for the Twin Bridges Replacement Project 01-23-95 12-95 Accepting Grant Deed from Paul and Geraldine Price for a Fifty -Foot Wide Strip of Land for Street Utility, Public Utility and Drainage Purposes (Mimosa Street) 01-23-95 • 13-95 Approving the 1994/95 Annual Water Progress Report and Adopting a Water Allocation Program for Fiscal Year 1995/96 01-23-95 14-95 Declaring the Existence of a Local Emergency 01-24-95 15-95 Authorizing the City Administrator, Public Works Director, and City Attorney To Renegotiate the Contract with the County of San Luis Obispo Regarding The Replacement of Twin Bridges 01-30-95 16-95 Appointing W. James Koser as City Treasurer 02-14-95 17-95 Establishing Terms of Office for the Planning Commission 02-14-95 RESOLUTIONS WR NO. TITLE ADOPTED 18-95 Approving Assignment and Assumption Of Lease Site 68/68W to the Held Family Trust 02-14-95 19-95 Approving a Six -Year Lease for a Portion Of Property in the 500 Block of Embarcadero To be Improved for Public Parking 03-13-95 20-95 VOID 21-95 Waiving Permit Fees for the 1995 Flood Victims 02-14-95 22-95 Authorizing the Purchase of One New Para Transit Van 02-27-95 23-95 Adopting a Revision to the Definition Of "Infill" 02-27-95 24-95 Endorsing the Goals and Efforts of "Gangs Out" 02-27-95 25-95 Declaring Weeds a Nuisance and Potential Fire Hazard, and Authorizing The Public Works Department to Proceed With Abatement 03-13-95 26-95 Adopting a Qualifying Retirement System for Certain City Employees 03-13-95 u • RESOLUTIONS 1995 NO. TITLE ADOPTED 27-95 Establishing a Tree Fund and Policy For Implementation 03-13-95 28-95 Approving Sublease for Lease Site 68/68W Between the Held Family and Deborah and Roy Jensen 03-13-95 29-95 Approving Amendments to the Housing Element of the General Plan 03-27-95 30-95 In Support of Senate Bill 1X 03-13-95 • 31-95 In Support of Assembly Bill 7X 03-13-95 32-95 Declaring the Existence of a Second Local Emergency in 1995 03-10-95 33-95 Rescinding Resolution No. 94-93 Regarding Subdivisions Due to Changed Circumstances 03-13-95 34-95 Authorizing and Directing Designation Of a Loading Zone on Morro Bay Blvd. East of Monterey Street 03-27-95 35-95 Authorizing and Directing Designation of A 20-Minute On -Street Parking Limitation On Morro Bay Blvd. West of Monterey Avenue Adjacent to the Bank of America 03-27-95 • RESOLUTIONS 1995 NO. TITLE ADOPTED 36-95 Approving By -Laws for Public Works Advisory Board 03-27-95 37-95 Approving the Purchase of a Second Para Transit Vehicle 03-27-95 38-95 Approving the Seeking of Sponsorship For the 1995 Trolley Trial Season 03-27-95 39-95 VOID • 40-95 Approving Army Corps of Engineers Project Cooperation Agreement for the Harbor Entrance Improvement Project 03-27-95 41-95 Approving a Contract for Administration Of an Economic Development Planning/ Technical Assistance Community Development Block Grant 03-27-95 42-95 Approving the 1995 Trolley Trial Program 04-10-95 43-95 VOID 44-95 Approving Amendments to the General Plan and Local Coastal Program Land Use Plan for Certain Properties Located at the Northeast Corner of Morro Bay Blvd. And Quintana Road from General Service Commercial to District Commercial 04-10-95 • RESOLUTIONS 1995 NO. TITLE ADOPTED 45-95 Authorizing Access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056 04-10-95 46-95 Amending Resolution No. 34-83, Personnel Rules & Regulations, to Establish a Catastrophic Leave.Policy 04-10-95 47-95 Awarding Construction Contract for Tidelands Park and Thomas Parking Lots 04-10-95 • 48-95 Approving City's Membership in Consortium for Community Media 04-24-95 49-95 Awarding Bid for Weed Abatement Services to Jack Bridwell 05-08-95 50-95 In Support of the Central Coast Regional Technology Alliance 04-24-95 51-95 Authorizing the Removal of Parking Restrictions on Monterey Avenue Between Morro Bay Blvd. And Pacific Street 04-24-95 52-95 Directing the Preparation of an Engineer's Report for the Levy of Annual Assessments For Bayshore Bluffs Park 04-24-95 53-95 VOID • 54-95 VOID • RESOLUTIONS 1995 NO. TITLE ADOPTED 55-95 Urging Members of the Integrated Waste Management Authority to Join the City in Pursuit of a Total Recycling Concept 05-08-95 56-95 Approving City Attorney Legal Services Agreement and Authorizing the Mayor to Sign Agreement 05-08-95 57-95 Amending the Master Fee Schedule Increasing Water Rates 05-25-95 • 58-95 Approving the 1995 Trolley Trial Program 05-22-95 59-95 Ratifying a Fiscal Year 1995/96 Funding Formula for the San Luis Obispo Regional Transit Authority Approval by San Luis Obispo Council of Governments 05-22-95 60-95 Agreeing the Alternative Method of Distribution of Property Tax Levies and Assessments be Applicable to Tax Levies Made by the County of San Luis Obispo on Behalf of the City of Morro Bay 05-22-95 61-95 Authorizing the Mayor to Execute a Grant in The Amount of $5,000 Provided Under the Cooperative Forestry Assistance Act of 1978 05-22-95 62-95 Supporting Assembly Constitutional Amendment 7 05-22-95 • RESOLUTIONS 1995 NO. TITLE ADOPTED 63-95 Adopting the Fiscal Year 1995/96 Master Fee Schedule 06-26-95 64-95 VOID 65-95 In Support of the Plan of the Central Coast Maritime Museum Association To Establish a Maritime Museum in the Community of Morro Bay 06-12-95 66-95 VOID • 67-95 Approving the Morro Bay Dial -a -Ride Transit Development Plan 06-26-95 68-95 Establishing Appropriations Limit for Fiscal Year 1995/96 06-12-95 69-95 Accepting Tidelands Park/Thomas Parking Lots as Completed by George Garcia & Sons, and Authorizing Filing of Notice of Completion 06-26-95 70-95 Approving Program Supplement to Local Agency -State Agreement for Federal -Aid Projects for the Twin Bridges Replacement Project 06-26-95 RESOLUTIONS 1995 NO. TITLE ADOPTED 71-95 Approving Extension of a Lease to Dan Wixom for a Parcel of Land Jointly Owned by the City and Cayucos Sanitary District 06-26-95 72-95 Ratifying and Endorsing the Action Of the San Luis Obispo County Integrated Waste Management Authority to Establish the IWMA as the Local Task Force and Appointment of IWMA Board Members as • Local Task Force Representatives 06-26-95 73-95 Rescinding Resolution No. 54-95 and Declaring the City's Intention to Levy An Annual Assessment for the Maintenance Assessment District for Bayshore Bluffs Park 06-12-95 74-95 Adopting the Operating and Capital Improvement Budgets and Making Appropriations for Fiscal Year 1995/96 06-26-95 75-95 Setting Time Limits on Parking at Two Embarcadero Locations 06-26-95 76-95 Setting Policy for Administration of the Fishermen's Memorial at Anchor Park 06-26-95 77-95 VOID 11 0 RESOLUTION NO.76-95 SETTING POLICY FOR ADMINISTRATION OF THE FISHERMEN'S MEMORIAL AT ANCHOR PARK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Fishermen's Memorial at Anchor Memorial Park is a community project to remember local fishermen lost at sea; and, WHEREAS, by previous Resolution No. 11-94 the City Council approved a policy for administration of the Fishermen's Memorial which needs to be revised. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached "Policy Relating to the City Anchor Memorial" is approved. BE IT FURTHER RESOLVED that the Anchor Memorial Committee established by Resolution #11-94 shall also include Mr. Zatko's family members, Ms. Betty Brooks and Ms. Cynthia Brooks. BE IT FURTHER RESOLVED THAT funds shall be accumulated in the City's Anchor Memorial Trust Fund Account. Expenses shall be approved by a majority vote of the Anchor Memorial Committee and shall be paid through standard City purchasing procedures using Anchor Memorial Trust Funds. BE IT FURTHER RESOLVED that, in accordance with the desires of the Anchor Memorial Committee, the City Council directs that no plaque to commemorate Mr. Zatko's work on the memorial be installed at this time and that the donation box at the memorial shall no longer be used. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of June, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None I 6__� &A� BRIDGETT BA] CITY CLERK RESOLUTION NO.75-95 SETTING TIME LIMITS ON PARKING AT TWO EMBARCADERO LOCATIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay Municipal Code requires a resolution of the City Council to set time limits for parking in the City; and, WHEREAS, the City has entered into an agreement with the property owner at 590 Embarcadero to establish a public parking lot with a 4 hour maximum parking limit on their property; and, WHEREAS, there is a need for a 20 minute maximum time limit space to allow for loading and unloading for commercial slip users at the Anchor Park Sips. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby establish a 4 hour parking limit at the public parking lot south of 590 Embarcadero and a 20 minute maximum parking space at the head of the northerly gangway at the Anchor Park public parking area. Failure to comply with the above limited time parking regulations shall be a violation of Section 10.36.050 of the Morro Bay Municipal Code. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of June, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None 00-311 r� -05"! ► j, n • CITY COUNCIL RESOLUTION NO. 74-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1995-96 FOR THE CITY OF MORRO BAY WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council recognizes that Capital Improvement Projects authorized and approved in Fiscal Year 1994-95 may not be completed by June 30, 1995; and WHEREAS, the City Council acknowledges the continuing efforts of staff to operate within an approved budget and manage savings wherever feasible; and WHEREAS, the City Council wishes to encourage these practices by implementing a departmental savings program. NOW THEREFORE, BE IT RESOLVED: 1) The Fiscal Year 1995-96 Operating and Capital Improvement Budgets are adopted as presented in the proposed budgets; and • 2) Staff is directed to prepare and publish a final budget document. • City Council Resolution No. 74-95 June 19, 1995 3) The City Administrator is authorized to transfer appropriations anywhere within the adopted budget so long as the total authorized appropriations are not exceeded. Otherwise, budgetary control is intended to be at the division level appropriations total for operating budgets and at the project level for capital improvement projects, with line item changes administratively reviewed and approved. 4) The City Council authorizes and directs the creation of the Capital Improvement Project Fund(s) and further authorizes and directs the transfer of the balances of projects approved in Fiscal Year 1994-95, but not completed by June 30, 1995, to the Capital Improvement Project Fund(s). 5) The City Council authorizes and directs that fifty percent of all non -personnel operating budget savings achieved by City departments, from this adopted budget, and based upon audited financial statements, will be returned to the departments generating the savings for use in Fiscal Year 1996-97. These funds can be used for any non -recurring expense approved by the City Administrator. • PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th day of June, 1995, by the following vote to wit: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger, Yates None None "& W/ BRIDGET AVER, City Clerk Lam, �� _ Page 2 City of Morro Bay Fiscal Year 1995-96 Budget Table of Contents Page Budget Transmittal Letter..................................................................... CityOfficials........................................................................................ 1 City Mission Statement........................................................................ 3 City Organization Chart ....................................................................... 5 Staffing Information............................................................................. 7 Financial Summary Information.......................................................... 21 Revenue Summary Information........................................................... 25 Appropriation Summary Information................................................... 53 General Government Departmental Budgets CityCouncil............................................................................... 74 City Administrator..................................................................... 76 CityAttorney............................................................................. 78 Personnel/Risk Management..................................................... 80 Finance Department................................................................... 82 • Recreation & Parks Department............................................................ 87 Community Development Department .................................................. 101 Public Safety Police Department...................................................................... 108 FireDepartment.......................................................................... 112 Public Works Department...................................................................... 119 Water Revenue Fund.................................................................. 127 SewerFund................................................................................. 133 HarborFund............................................................................................ 139 Morro Bay - Cayucos Wastewater Treatment Plant ................................ 147 TransitFund............................................................................................ 153 Bayshore Park Maintenance Assessment District ................................... 159 Capital Improvement Fund...................................................................... 163 Supplemental Information Brief History of Mono Bay .......................................................... 203 Explanation of Local Government Revenues ............................... 205 Major Employers in Morro Bay ................................................... 211 Property Tax Statistical Information ............................................. 213 Transient Occupancy Tax Historical Detail ................................. 217 Aid To Agency Budget................................................................. 221 Appropriation Limit Calculation .................................................. 223 • City Council Resoultion 74-95 Adopting Budgets ....................... 227 i City of Morro Bay _ MORRO BAY, CALIFORNIA 93442 _.. 805-772-6200 Honorable Mayor and Councilmembers, Transmitted with this letter are the Fiscal Year 1995-96 Operating and Capital Improvement Budgets for the City of Morro Bay's General Fund and all other funds with anticipated financial activity for the upcoming budget year. This is an extremely lean budget. We are recommending the elimination of several authorized positions, some of which are currently filled. The resulting layoffs are an unfortunate necessity in order to balance the budget and cease depletion of our reserves. In Fiscal Year 1992-93, the State of California imposed its financial problems on local government by taking away revenue sources that had been available to cities for many years. While most cities responded with immediate reductions in staffing, Morro Bay's decision was to defer layoffs in an effort to hold out until the economy improved and local revenues took up the slack. Unfortunately, that has not happened quickly enough and our reliance on reserves to meet the shortfall is no longer a viable alternative. Authorized positions were eliminated in the Public Works Department, the Recreation & Parks Department, the Harbor Department, the Finance Department, the Community Development Department, the Fire Department and the Personnel Department. Virtually all part-time positions in the Police Department were eliminated, and heavy cuts to part-time positions occurred in the Recreation & Parks Department as well. General Fund On a more positive note, we have balanced this budget without requiring new or additional revenues. The growth in existing General Fund revenue sources is estimated at a rate of 4.45% over last year's budgeted levels. However, about half of that growth is the result of the one-time windfall we will receive as a result of adoption of the "Teeter Plan" for property taxes. You have wisely chosen to direct that this windfall be used only for the funding of Capital Improvements, and the budget before you reflects that decision. Appropriations in the General Fund total $5,449,685 or 3.54% more than Fiscal Year 1994-95. This increase is the net effect of a number of offsetting factors, including the layoffs; the partial allocation of support staff costs to Enterprise funds; the elimination of all capital outlay requests; the elimination of all staffing upgrades or new positions (excepting the Accountant position and the grant funded Police Officer position); the honoring of existing labor agreements and their scheduled wage increases and the reductions in miscellaneous services to minimum levels (e.g. reduction of building maintenance in City offices by 33%, reduction in number and location of trash dumpsters, reduction of non -traffic safety related street lighting.) • Page i FINANCE 595 Harbor Street HARBOR DEPARTMENT 1275 Embarcadero ADMINISTRATION 595 Harbor Street PLANNING AND BUILDING 535 Harbor Street FIRE DEPARTMENT 715 Harbor Street POLICE DEPARTMENT 850 Morro Bay Blvd. PUBLIC WORKS 695 Harbor Street RECREATION AND PARKS 1001 Kennedy Way • Honorable Mayor and City Councilmembers Fiscal Year 1995-96 Budget June 15, 1995 Enterprise Funds The Water Revenue Fund is the operating fund for the water utility service provided by the city and revenues to this fund are budgeted at $3,393,381. This represents a 34.47% increase in revenues and incorporates the rate structure that was adopted at the Special Meeting of June 1, 1995. Water Revenue Fund expenditures will increase by 21.67% in the next fiscal year due to the increased debt service required for the State Water Project extension to Morro Bay. Fiscal Year 1995-96 appropriations total $3,158,797 (not including Capital Improvement Projects) and of the total appropriation $2,249,091 or 71% is for debt service. The Sewer Revenue Fund is the operating fund for the sanitary sewer operations provided by the city and revenues are less than $10,000 higher than in the last budget. Total Fiscal Year 1995-96 revenues are estimated at $1,050,000 and appropriations are $925,659, a decline of $88,173 from FY 1994-95's appropriation of $1,013,832. The Harbor Fund projects a 2% increase of revenues for a total estimated revenue of $969,500. Appropriations declined by $83,038 to a total of $966,125. The Harbor Fund proposed budget includes a $90,000 increase in debt service over the prior year as we begin repayment of the • Department of Boats and Waterways loan used to fund several capital projects. By the same token, the loan from the General Fund will be paid off in two more years. Capital Improvement Fund Fiscal Year 1995-96 will see the establishment of a formal accounting structure to account for capital improvement projects. The budget before you includes a new format and system for budgeting and identifying capital projects. Each project is presented on a separate page, with its own narrative and status of completion and is identified with a unique number that identifies the year in which the project first appeared in the budget and the sequential number of that project. For example, the Twin Bridges project is CIP 496-34, meaning that it first appears in this format in FY 95-96 and its sequential number of 34 represents the 34th project that first appeared in the FY 96 budget. On the accounting side, this project's appropriations and revenues will be shown in Department 9634 of the General Ledger. The changes in budgeting capital improvement projects are designed to place all projects before you in a similar format so that you can evaluate them, on an even playing field, and determine which projects to fund. Also, the budget format is designed to show projects for which funding has not been identified but are projects you should be aware of and considering in your deliberations. Projects in the CIP budget will remain there in succeeding years, with the same CIP Number, until completed or until you decide you no longer want to consider them. In this way, the budget will maintain a historical record of the progress of projects. 0 Page ii The Review Process On May 24, May 31 and June 7, 1995, you held public work sessions to review the proposed budget. Staff presented an overview of the budget preparation process and a detailed discussion of revenue sources, appropriations and trends. You received input from employees, the public at large, representatives from your advisory boards, representatives of other agencies seeking funding and you faced the difficult decisions that this proposed budget presents to you. The Department Directors and I are appreciative of your support throughout this process. We have learned from the process that improvements can be made in presenting the information you need and hope to continue refining the process and the document to better serve you and the citizens of Mono Bay. I -r I would like to take this opportunity to acknowledge the hard work of the Department Directors in preparing their budgets and then going through the several iterations of cuts that were painful but necessary. The Finance Director and his staff deserve credit for many hours of hard work and for providing a budget that can be more easily understood by the average citizen. Thanks to Kathleen • Koser for the cover artwork. Thanks to the Chamber of Commerce for assistance in identifying major employers in Mono Bay and for other research materials and assistance and, finally, thank you, the City Council, for your leadership throughout. Respectfully Submitted, David Howell City Administrator June 15, 1995 • Page iii —ii�� CITY OF MORRO BAY FINANCE DEPARTMENT PERMANENT POSITION ALLOCATION • Page 9 FY FY FY FY FY FY FY Difference DEPARTMENT 89-90 90.91 91-92 W_u 93-94 94-95 UM- FY 96-FY95 City Council Mayor 1.001 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Councilmember 4.00 4.00 4.00 4.00 4.00 4.00 4.00 0.00 Total 5.00 5.00 5.00 5.00 5.00 5.00 5.00 0.00 Administration I City Administrator 1.001 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Executive Secretary/CitySecretary/City Clerk 1.00 1.00 1.00 1.00 1.00 1.001 1.00 0.00 Total 2.00 2.00 2.00 2.00 2.00 2.001 2.001 0.00 Personnel Assistant City Administrator 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 Personnel Officer 0.00 0.00 0.00 0.00 1.00 1.00 1.00 0.00 Secretary 1.00 1.00 1.00 1.00 1.00 1.00 0.00 -1.00 Total 2.00 2.001 2.00 2.00 2.00 2.00 1.00 -1.00 Finance Finance Director/City Treasurer 1.00 i 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Accountant 1.00 1.00 1.00 0.00 0.001 0.00 1.00 1.00 Account Clerk II 3.001 3.00 3.00 3.00 3.00 0.00 0.00 0.00 Rece tionis/Cashier Clerk 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services Clerk 0.50 1.50 1.50 1.50 2.50 2.50 2.00 -0.50 Account Clerk III 0.00 0.00 0.00 0.00 0.00 3.00 3.00 0.00 Office Assistant III 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Computer Services Coord. 1 0.00 0.00 0.00 Total 6.50 6.50 6.50 5.50 6.50 6.50 7.00 0.50 Communi Develo ment Community Development Director 1.00 1.00 1.001 1.00 1.00 1.00 1.00 0.00 Chief Building Inspector 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Senior Planner 0.00 0.00 A 0.00 0.00 0.50 1.00 0.50 Associate Planner 1.001 1.00 1.00 0.00 0.001 0.00 0.00 0.00 Assistant Planner 0.001 0.001 0.001 1.00 1.00 0.50 0.00 -0.50 BuildingInspector 1.00 1.00 1.00 0.00 1.00 1.00 1.00 0.00 Building Technician 0.00 0.00 0.00 0.00 0.00 0.50 0.00 -0.50 PlanningTechnician 0.50 0.50 0.50 0.50 0.50 1.001 1.00 0.00 Office Coordinator 1.00 1. 1 1.00 1.00 1.00 1.001 1.00 0.00 Office Assistant III 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Total 5.501 6.501 6.501 5.50 6.501 7.501 7.00 -0.50 Recreation and Parks Recreation and Parks Director 1.00 1.00 1.00 1.00 1.00 1.001 1.001 0.00 Recreation Coordinator 2.001 2.00 2.00 1.25 0.00 0.001 0.001 0.00 Recreation Supervisor 0.0 1 0.00 0.00 0.00 1.00 1,001 1.00 0.00 Recreation specialist 0.00 0.00 0.00 0.00 1.00 1.00 1.00 0.00 Facilities Coordinator 1.001 1.00 1.00 1.00 1.00 1.00 1.00 1 0.00 Office Assistant III 1 1.001 1.00 1.00 1.00 0.00 0.001 1.00 1.00 Office Coordinator 0.001 0.00 0.00 0.00 1.001 1.001 1.001 0.00 Maintenance Leadworker 1.001 1.001 1.00 1.00 imT lbol 1.001 0.00 Maintenance Worker III 0.00 0.001 0.001 0.001 0.001 1.001 1.001 0.00 Maintenance Worker II 2.00 2.00 2.001 2.001 2.751 1.75 1.001 -0.75 Custodian 1.00 1.00 1.00 0.00 1.00 1.00 0.00 -1.00 FacilityMaintenance Worker 1.00 1.00 1.00 1.00 1.001 1.00 1.001 0.00 Office Assistant II 1.00 1.00 1.00 1.00 1.001 1.00 0.001-1.00 Senior Custodian 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Total 12.00 12.00 12.00 10.25 12.75 12.75 11.00 -1.75 I I Fire I Fire Chief 1.00 1.00 1.00 1.00 1.00 1 1.00 0.751 -0.25 Fire Ca in 3.001 3.00 3.00 3.00 3.00 3.001 3.001 0.00 Fire Protection Specialist 1 1.001 1.00 1.00 1.00 1.00 1.00 0.00 -1.00 Fire En ineer 6.00 6.00 6.00 5.00 5.00 6.00 6.00 0.00 Firefi hter 0.001 0.00 0.00 1.00 1.00 0.00 0.00 Office Assistant III 1 1.001 1.001 1.00 1.001 0.001 0.001 1 0.00 CITY OF MORRO BAY FINANCE DEPARTMENT PERMANENT POSITION ALLOCATION FY FY FY FY FY FY 89.90 mm- 9-t-U 92-93 9 -9A 94_95 Page 10 FY Difference 9 -M FY 96-FY95 Office Coordinator 0.001 0.00 0.00 0.00 1.001 1.00 0.75 -0.25 Total 12.001 12.00 12.00 12.00 12.00 12.00 10.50 -1.50 Emergency Preparedness Fire Chief 0.001 0.00 0.001 0.00 I 0.00 0.00 0.25 0.25 Office Coordinator 0.001 0.00 0.00 0.00 0.00 0.00 0.25 0.25 Total 0.001 0.00 0.00 0.00 0.001 0.00 0.501 0.50 Police Police Chief 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Police Lieutenant 1.00 1.00 1.00 1.00 1.001 1.00 0.00 -1.00 Police Sergeant 5.001 5.00 5.00 5.001 5.001 5.00 5.00 0.00 Police Corporal 0.00 0.00 0.00 0.00 0.00 0.00 4.00 4.00 Police Officer 9.50 9.50 10.00 10.00 10.06 10.00 9.00 -1.00 NTF Officer 1.00 1.00 1.00 1.001 1.001 1.00 0.00 -1.00 Crime Prevention Coordinator 1.00 1.00 1.00 0.001 0.001 0.50 0.50 0.00 Lead Dispatcher/Clerk 1.00 1.00 1.00 1.001 0.001 0.00 0.00 0.00 Police Dispatcher/Clerk 4.001 4.00 5.00 4.001 5.001 5.00 5.00 0.00 Support Services Manager 1.001 1.00 1.001 1.001 1.001 1.001 1.001 0.00 Code Enforcement Officer 1.001 1.00 0.001 0.001 0.00 0.50 1 -0.50 Total 25.501 25.50 26.001 24.001 24.00 25.00 25.501 0.50 I Engineering and Administration Public Works Director 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Associate Civil Engineer 1.00 2.00 2.00 0.00 0.00 0.00 0.00 0.00 Public Works Associate 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 O erationa Manager 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 Maintenance Supervisor 1.00 1.00 1.00 1.00 1.001 1.00 0.00 -1.00 Engineering Technician II 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 Engineering Technician 1 1.00 1.00 1.00 1.00 1.00 1.00 0.00 -1.00 Office Coordinator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Office Assistant 11 1.00 1 1.00 1.001 1.001 1.00 1.001 1.00 0.00 Total 9.001 10.001 10.001 9.001 9.001 3.001 6.00 .2.00 I Sanitary Water Quality Control Supervisor 1.001 1.00 1.00 1.001 1.00 1.00 1.00 0.00 Wastewater Plant Lead Operator 1 1.001 1.00 1.00 1.001 1.00 1.00 1.00 0.00 Wastewater Plant Operator 5.001 5.00 5.001 5.0011 5.00 5.001 5.00 0.00 Collection Maintenance Leadworker no 1 0.00 0.00 0.00 I 0.001 1.001 0.00 -1.00 Collection Maintenance Worker 2.001 2.00 2.00 2.00 2.001 1.001 0.00 -1.00 Total 9.00 9.00 9.00 9.00 9.00 9.00 7.00 -2.00 Sewer WWCollection Maintenance Leadworker 0.00 0.00 0.00 0.00 0.001 0.00 1.001 1.00 Maintenance Worker II 0.001 O.Oo 1 0.00 0.00 0.00 0.00 1.00 1.00 Total 0.001 0.00 0.00 0.001 0.001 0.001 2.00 2.00 Water I I I I I Maintenance Superintendent 1.00 0.00 0.00 0.001 0.00 0.001 0.76 0.76 Maintenance Leadworker 1.00 1 1.00 1.00 1.001 1.001 1.001 1.00 0.00 Maintenance Worker III 1.001 1.001 1.001 1.00 1.001 1.001 1.001 0.00 Maintenance Worker II 1 3.001 3.001 3.001 3.001 3.001 0.00 Total 6. 001 5.001 5.001 5.00I 5.00 5.001 5.761 0.76 Streets Maintenance Superintendent 0.00 0.00 0.00 0.00 0.00 0.00 0.24 0.24 Maintenance Leadworker 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Maintenance Worker 111 1.00 1.00 1.00 1.001 1.00 1.00 1.00 0.00 Maintenance Worker II 4.001 4.00 4.00 3.00 3.00 3.00 1.00 -2.00 Total 6.00 6.06 6.001 5.001 5.001 5.00 3.241 -11.78 Vehicle Maintenance I Senior Mechanic 1.001 1.00 1.00 1.001 1.001 1.00 1.00 0.00 Mechanic 2.001 2.001 2.001 2.001 2.001 2.00 2.00 0.00 Facifity Maintenance Worker 0.001 0.001 0.001 0.001 0.001 0.001 1 0.00 L CITY OF MORRO BAY FINANCE DEPARTMENT PERMANENT POSITION ALLOCATION FY FY FY FY FY FY 09-90 9491 91--9Y 93-94 94_% Page 11 FY Difference 95-95 FY 96•FY95 Total 3.00 3.00 3.00 3.001 3.00 3.00 3.00 0.00 Harbor Harbor Director 1.00 1.00 1.00 1.00 1.00 1.001 1.00 0.00 Chief Harbor Patrol Officer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Harbor Patrol Officer 2.00 3.00 3.00 3.06 3.00 4.00 I 3.00 -1.00 Office Assistant III 0.75 0.75 0.75 0.75 0.001 0.00 0.00 0.00 Office Coordinator 0.00 0.00 0.00 0.00 0.751 0.75 1.00 0.25 Total 4.76 5.75 5.75 5.75 5.75 6.75 6.00 -0.75 Total Number of Positions 1 109.251 110.25 110.75 103.00 107.50 109.50 102.50 -7.00 • 0 r W O 7 m • 00 0000 00 0 0 O O 0 m N 0 w O t 0 O O O m O < m N N N O f O O N M m m N M m V O vi 00 ovoioOooOO It o�n o 0 o N o n a m N O (op O N M N N M M N o � 0 fD 0 N 0 0) 0 n 0 0 M Mm M M w M M C W O�UO GDO M M 1 Co o of W m GS is of K N 0 N n Cl) O N �p 10 0ONN N 000000 M vaal N n M Oct fD 0 W N M N n N N cl v N t D O i D V 0 0 m O D D O O t9 vm n� n vai N M GD e �o m0NN InD 1�0 �D�O^gym VA M O N M to C* em- � 10 v D ( N rn o a P N <0 m m R N N N a M m R m m m N m W m m O N m N aOa m 0 N O r T N C O O M V N O V i[i � t0 O 01 N m ai N N GOD O N O <D n m m m N N CL Gv M of 0 M UO O w� W r ZDLLr zQ7 W W U W W H Z O LL U _ LU Wou 'awzamW�W LL�2 (A o'wLLo��O�aw¢MQ$ W z waZU)chU) Q�rc7? LL K r O D U rC u1 J rWu.awoO000000U O Q LL W, !qq� O (O 0: w LL Q LL LL LL W W O W W n t00 a'Kw lrlrd' z W U r a 0 p W LL LL LL LL LL LL W Q 0O0 0 Z W 0)fq ul D)u)D)W J yooWr�UzzzZzzL) a 0 ?2cQ.) (1) 2 Wa�����F Page 35 City of Mona Bay Department Budget Summary By Fund Fiscal Year 1995-96 Appropriations Personnel Capital Total Services Supplies Services Outlay Debt Svc. Transfers AppM • City Administrator Services VWfP (MB-C JPA) WWfP FUND TOTALS, • • 9,882 3,801 24,580 41,940 3,944 340,512 100,750 333,613 26,000 424 659 100-750 333-613 26-000 Page a 0 9,882 3,801 24,580 • • City of Morro Bay 1995-96 Fiscal Year Budeet Public Works Department Waste Water Treatment Plant Division 1994-95 1994-95 1995-96 1995-96 PERSONNELSERVICES SUPPLIES SERVICES CAPITALOUTLAY DEBT AND INTERFUND (LESS) PROGRAMREVENUE NET OPERATING BUDGET TOTAL: EQUIPMENT REPLACEMENT FULL TIME POSITIONS PART TIME POSITIONS TOTALPOSITIONS 294,289 285,649 344,262 424,659 79,600 78,150 106,500 100,750 449,018 358,350 346,813 333,613 $500 4,200 26,00D 26,000 85,199 39,341 82,831 1916, 1765. 1908, (885,022 0 0 0 0 5 5 7 7 2 2 0 7 7 7 7 • M�»�-- Page 1 O l x O O � O�1 N N 0 0 0 0 0 0 0 0 0 0 O 00 t0 � N O O O O N N � n 0 0 C00 0 o p i(f0 i0 � ^OtN+Im W t�0 � n 0 0 O N O O N M N N O O O O 0 0 0 0 0 t0 0 r 0 0 0 O O 0 O 0 O 0 O O N p O 000 OOOOM V 000 p0 O t 0 000 000 N { 7 OOvw N N p f p OOWI N�tON t p N Oo% "MMON N t h t 7 0 N O O m 0 t O Y V � th N N th , N O N 000000000 O o 0 0 o 0 0 o o c O o 0 0 0 o C C C c 0 0 0 0 0 0 0 0 0 0 0 0 0 t0 0 0 0 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N O IDONmOmONO o 0 0 0 0 0 0 0 3 0 0 0 3 3 3 3 0 0 0 0 0 0 000 1��0 N NO N R h N N 0 ON 0 0 O m O O l h O K O m t 0 m000 C O m O O C m C 0 C ON C M OOOO N t OVON ON N L6ON N t h t h m N O 0 t h a mom 3 mU N y J K m K N j j MO OI N Z'j tiI m c a K m t w o K N c 0 E aim m o ° tEa c m _ E �w ,5`y¢ m ;ay m-mm2 v.. SEE m E c o i0 w m a o c't`- co m= A U`'cUtiU mom m e ,$- c o - y c>-m ,3_ o- w c ._ m �> O a@ >- 0 m d' a -a m- E- m m U v m m O m E y v E m y c a F m c m-tad--'-m9._ E m•- a� v m c v o mm c o °�tomp> 0 C�m c to t v c._�am� my c t m o t c m at- m m m'-• L° ; m a 0 v 8 ci6� 0 o ma m " m m o" m\ m =mr gmm t 9 0 a> m Oc Q O K Uc oQ5 mm�o £Dov-o�ammmcE o� H.. c= mm-- .. m y.�ycxSa m m�r�jW m=cta.v mcv�'L°EmPa'a�"..O 1p a�cc0>atc o'c0-ov mEm �3 h wyddt�a`0 moo'E oa� acid oK�c�01c yN�N��c�EE� c m cx c m m g c�m2' ov2 omEmmoomao a >`m`m _._mom c L mi 075 _vn- m oY3Uxx_UxwwvmUimm�-maStLwLLicmUIL aF ^m O Nth O Nt0 g q I�w q Q m0�'^'YI Q NI�apmO�NCI N N N N KtO N N fOAmmO ... No h �Nt7Q l h M M f h mm mm f0 f0 mmmmmmmmmmmmmm t0 f0 (D tb tb l0 f0 f0 fU fb fb tb tb {b mmm fb fb fb fb mmmmmmmmmmm tU tb tb fb tb tb tb tb tb tb Page 165 • 6 City of Morro Bay Fiscal Year 1995-96 Budget Aid To Non -Profit Agencies As part of the annual budget process, the City of Morro Bay solicits modest funding requests from local non-profit organizations that provide a wide array of services for the local population. Each interested agency submits a written request for financial assistance and makes a brief presentation to the City Council regarding the services they provide. The City Council then allocates funds, to the extent that they are available. At the June 7, 1995 budget work session, the City Council funded agencies at approximately 63% of the Fiscal Year 1995-96 levels. They also included an additional $300 for the Coastal San Luis Resource Conservation District, confirming a decision made earlier in the year. The City Council also directed staff to bring the funding requests back at the mid -year review to determine if fending is available to restore funding levels to 100% of prior year allocations. City of Morro Bay Fiscal Year 1995-96 Budget Aid To Non -Profit Agencies Approved Approved Approved Requested Recommended Agency Name FY 92-93 FY 93-94 FY 94-95 FY 95-96 FY 95-96 American Red Cross 500 1,000 1,000 1,500 631 Big Brothers/Big Sisters of San Luis Obispo County 0 0 500 1,800 316 Caring Callers 100 150 150 150 96 EOC - Fa mily Planning (Forty Wonderful Project) 0 750 750 750 474 EOC- Senior Health Screening Program 1,000 1,291 1,300 1,688 819 EOC-Homeless Program 1,000 2,000 1,000 1,000 631 Family Services Center 1,000 1,000 1,000 1,000 631 Food Bank Coalilion 400 500 500 500 316 Foundafionforlhe Performing Arts Center, Youth Outreach Program 0 0 500 765 316 Hospice 500 500 500 500 316 Hotline 500 500 500 500 316 Long Term Care Ombudsman Services 300 300 500 1,000 316 Retired Senior Volunteer Program 500 500 500 500 316 Salvation Army 1,000 1,000 1,000 1,000 631 Senior Nuailion Program (Meals on Wheels) 750 1,500 1,500 1,500 946 Women's Shelter Program 500 800 800 800 505 Coastal San Luis Resource Conserv. Dist 0 0 0 0 300 TOTALS: $8,050 011,791 $12,000 $14,953 $7,876 • Page 221 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: FINANCE DIRECTOR DATE: June 6,1995 SUBJECT: APPROPRIATION LIMIT FOR FISCAL YEAR 1995-96 RECOMMENDATION Staff recommends that the City Council adopt the Fiscal Year 1995-96 Appropriation Limits, by adopting, by motion, City Council Resolution Number 68-95. 6 FISCAL IMPACT None. Proposition 4, commonly known as the Gann Initiative was approved by the California electorate in November, 1979. Basically, the purpose of this constitutional amendment and the implementing legislation is to restrict growth of tax -funded programs and services by limiting the appropriations of the proceeds of taxes to the 1978-79 base year limit, as adjusted annually for changes in population and for inflation. Proceeds of taxes in excess of the appropriations limit, with some exceptions, must be returned to the taxpayers within two years by refund or reduction in tax rates unless extension of the limit is approved by majority popular vote. Proceeds of taxes include: 1) All tax revenues 2) Proceeds from licenses and user fees to the extent that they exceed cost 3) Interest earnings on investment of tax revenues 4) Discretionary state subventions All other revenues, including federal funds, enterprise fund revenues, and user fees that do not • exceed cost are excluded from the limit. Page 223 • Honorable Mayor and City Council F.Y. 1995-96 Appropriation Limit June 16, 1995 In June, 1990, the California voters approved Proposition 111 which allows for new adjustment formulas for the required calculation which are more responsive to local growth issues. The proposition also now requires an annual review of the limit calculations by a qualified independent auditor in conjunction with the annual financial audit. According to the California State Controller's Office estimates, the population of Morro Bay declined by 1.7 percent between January 1, 1994 and January 1, 1995, while the San Luis Obispo County population increased by 1.6 percent. The California Per Capita Personal Income (C.P.C.P.I.) rose by 4.72 percent. Proposition 111 requires that the local legislative body elect which factors to use in the Appropriation Limit calculations. Based on the above rates, it would be advantageous for the City • Council to elect the County population growth and the C.P.C.P.I. The two factors combine to result in a percentage increase equal to 1.064% of last year's appropriation limit. Last year's limit was $8,875,264 and the fiscal year 1995-96 limit is $8,970,264. Although not adopted at this time, the fiscal year 1995-96 budget estimate of revenues from the proceeds of taxes is $4,124,264, which is well below the appropriation limit. The calculation of estimated proceeds of taxes for fiscal year 1995-96 is shown in detail in Attachment A. The calculation of the Fiscal Year 1995-96 Appropriation Limit is shown in Attachment B, along with a historical listing of prior year limits. Attachment C is a copy of the State Controller's population estimates as of January 1, 1995. Attachment D is a copy of the State Controller's published C.P.C.P.I. price factor. �► 1-04il Adoption of an annual appropriation limit is required by state law and the most advantageous factors in calculating this limit for the City of Morro Bay are the C.P.C.P.I. and the County of San Luis Obispo population growth. Based upon the above factors, the City Of Mono Bay remains well under its appropriation limit. 0 Page 224 • CITY COUNCIL RESOLUTION NO. 68-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1995-96 WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; and WHEREAS, Proposition 1 I 1 of June, 1990, requires an annual election of the method of measurement of growth in both PRICE and POPULATION; and WHEREAS, the measurement of PRICE is most advantageous using the growth in the California Per Capita Personal Income measurement; and WHEREAS, the measurement of POPULATION is most advantageous using the growth in San Luis Obispo County population. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay elects to use as measurements of growth, the California Per Capita Personal Income and the County of San Luis Obispo Population growth, and establishes the Fiscal Year 1995-96 Appropriations Limit at $8,970,264 from the proceeds of taxes. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 12th day of June, 1995, by the following vote to wit: AYES: Anderson, Crotzer, Unger NOES: None ABSENT: Novak, Yates „� — Page 225 _ • C O N C a O a a D d rno w N U 2 C N a. M., (0 N c CA U (4 N L CL a) c N C m N El (D m } m () N LL M hr O(O 00 N 00 ti O N r O O In O Nm(O Q)M 00NM00(O (O V r(0N(O M ((y (n (0 h ao r ao M Q1 )(7 to O (D 0 t(7 aD N O C46 z t6 (O C6 CO Ir-7Ih r- V r-: d T-:(O0 V 0),f, V M V N O r O r, r I,- O O P Imo': O V hr(O t—OM00 V O f, NM000 O) MMM V' V V LdNLd 6 Or NCO aD O O CO to Q Or l< 0 Z r N M (M N 0) V O (0 O O r W00 0) V) 00M V 0 Q V NMM V OMrrrr Z O^ MNNOOD),0 Q r O � N r r r Z I 0,04 0, Cl) N 0 r l.- I%- 0 0) N V' 4 O N O V Q r � Z Ce) 00 r � nM n0O)0) O (6 V07 N M(M-IT Q r Z 0) Or NM V MOI, OD OOr NM V U,) Co r� 00 00 0 co M 00 CC) 00 00 OD 0) 0) (3) 0) 0) Cl) 0) rnrnrnrnO)O)O)rnrnO)O)O)O)rnO)rnO)O) r r r r r r r r r r r r r r r r r r OD M0 NM V (O(O r�W O)Or NM .Zr 0 I�1�00000O00 OD 00 OD 0000 a)Q)Q)m 0) 0 000010001 O1 Q) Q) 0000 Q70 W 01 r r r r r r r r r r r r r r r r r r (6 (0 (0 (0 N f0 fG (C N N (0 l9 f0 N l0 f0 (C l4 a) a) m m d a) a) a) d a) a) m a) m m d a) a) }}}}}}}}}}}}}}}}}} -M -M -M -M -M-M -M o U U U o U U U U o U U o o U U U U y M LA fA N N M fA (A (A tl) V) fA N N N U1 V) LL LL LL IL U- IL IL LL lL (L U- lL IL LL IL IL LL U- Page 226 CITY COUNCIL RESOLUTION NO. 74-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1995-96 FOR THE CITY OF MORRO BAY WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; and WHEREAS, Section 37209 of the California Government Code provides that payments or • demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council recognizes that Capital Improvement Projects authorized and approved in Fiscal Year 1994-95 may not be completed by June 30, 1995; and WHEREAS, the City Council acknowledges the continuing efforts of staff to operate within an approved budget and manage savings wherever feasible; and WHEREAS, the City Council wishes to encourage these practices by implementing a departmental savings program. NOW THEREFORE, BE IT RESOLVED: 1) The Fiscal Year 1995-96 Operating and Capital Improvement Budgets are adopted as presented in the proposed budgets; and 2) Staff is directed to prepare and publish a final budget document. Page 227 u • City Council Resolution No. 74-95 June 19, 1995 3) The City Administrator is authorized to transfer appropriations anywhere within the adopted budget so long as the total authorized appropriations are not exceeded. Otherwise, budgetary control is intended to be at the division level appropriations total for operating budgets and at the project level for capital improvement projects, with line item changes administratively reviewed and approved. 4) The City Council authorizes and directs the creation of the Capital Improvement Project Fund(s) and further authorizes and directs the transfer of the balances of projects approved in Fiscal Year 1994-95, but not completed by June 30, 1995, to the Capital Improvement Project Fund(s). 5) The City Council authorizes and directs that fifty percent of all non -personnel operating budget savings achieved by City departments, from this adopted budget, and based upon audited financial statements, will be returned to the departments generating the savings for use in Fiscal Year 1996-97. These funds can be used for any non -recurring expense approved by the City Administrator. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th day of June, 1995, by the following vote to wit: AYES: NOES: ABSENT: • w�•�a� Page 228 - 1r u RESOLUTION NO. 73-95 A RESOLUTION OF THE CITY COUNCIL RESCINDING RESOLUTION NO. 54-95 AND DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE MAINTENANCE ASSESSMENT DISTRICT FOR BAYSHORE BLUFFS PARR T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council rescinded Resolution No. 54-95 on June 12, 1995 concerning the levy of assessment for the maintenance of Bayshore Bluffs Park; and, WHEREAS, all property owners in Bayshore Village 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 that the City Council of the City of Morro Bay rescinded Resolution No. 54-95 and 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 10, 1995 at 6:00 p.m. in the Veteran's Memorial Building, 209 E. Surf Street, Morro Bay, CA. BE IT FURTHER RESOLVED by the City Council the improvements to be maintained at Bayshore Bluffs Park are specified in the District Engineer's Report dated May 8, 1995 which is hereby approved. BE IT FINALLY RESOLVED by the City Council the assessment upon assessable lots within the district is proposed to not exceed $27,471 or $381.54 per assessable parcel in the 1995-96 Fiscal Year. U • PASSED AND ADOPTED by the City Council NOES: ABSENT: ATTEST: Unger Novak, Yates a BRIDGETT AUER, CITY CLERK d10/w/admi n/res73.95 J P RESOLUTION NO. 72-95 A RESOLUTION OF THE CITY OF MORRO BAY RATIFYING AND ENDORSING THE ACTION OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY (IWMA) TO ESTABLISH THE IWMA AS THE LOCAL TASK FORCE AND APPOINTMENT OF IWMA BOARD MEMBERS AS LOCAL TASK FORCE REPRESENTATIVES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Public Resources Code Section 40950 provides for the establishment of a Local Task Force (LTF); and WHEREAS, San Luis Obispo County notified the California Integrated Waste Management Board on March 28, 1990 of the establishment of an LTF; and WHEREAS, the Joint Powers Agreement establishing the San Luis Obispo County Integrated Waste Management Authority (IWMA) provides for a regional agency pursuant to Public Resources Code 40973; and WHEREAS, the IWMA voted on May 10, 1995 to assume the role of the Local Task Force (LTF) for San Luis Obispo County; and WHEREAS, the IWMA voted on May 10, 1995 to appoint the IWMA Board Members as the LTF Oepresentatives. NOW, THEREFORE, BE IT RESOLVED that the City Council, City of Morro Bay, hereby ratifies and endorses the action taken by the IWMA on May 10, 1995 of assuming the role of the LTF and appointing the IWMA Board Members to be the LTF representatives. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of June 1995 by the following vote: AYES; Anderson, Crotzer, Novak, Unger, Yates NOES: None None ABSENT: ABSTAIN: None ATTEST: 1 BRIDGETT UER, City Clerk LC:5:72-95 RESOLUTION NO. 71-95 . RESOLUTION APPROVING EXTENSION OF A LEASE TO DAN WIXOM (dba WIXOM CONCRETE) FOR A PARCEL OF LAND JOINTLY -OWNED BY THE CITY OF MORRO BAY AND THE CAYUCOS SANITARY DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, Dan Wixom (dba Wixom Concrete) entered into a Lease Agreement on March 9, 1994 for use of a parcel of property jointly -owned by the City of Morro Bay and the Cayucos Sanitary District, said Agreement expiring on June 23, 1995; and WHEREAS, Mr. Wixom desires to extend the lease for said parcel; and WHEREAS, there are currently no plans for use of said parcel by the City of Morro Bay which conflict with such an extension; and WHEREAS, a Lease Agreement extension has been developed by the City's Property Manager, concurrence achieved with staff of the Cayucos Sanitary District and Mr. Wixom has agreed to the terms and conditions of said Agreement evidences by signatory thereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California the Lease Agreement extension for use of said parcel of jointly -owned property by Dan Wixom (dba Wixom Concrete) is hereby approved. BE IT FURTHER RESOLVED, this approval is contingent upon similar approval by the Cayucos Sanitary District, as evidenced by signatory to the Lease Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 26th day of June, 26, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: B IDGETT AUER, City Clerk • dr:e:res7195 • LEASE AGREEMENT BY AND BETWEEN CITY OF MORRO BAY AND THE CAYUCOS SANITARY DISTRICT /:\21I7 DAN WIXOM, DBA WIXOM CONCRETE • .I • LEASE AGREEMENT This Lease Agreement ("Lease") is made as of this _ day of , 1995 by and between the CITY OF MORRO BAY and the CAYUCOS SANITARY DISTRICT (jointly referred to as "Landlord"), and DAN WIXOM, DBA WIXOM CONCRETE, a California Corporation ("Tenant"). WHEREAS, Tenant currently operates a concrete batch plant under a lease agreement with Landlord, and; WHEREAS, Tenant desires to use an additional portion of Landlord's property on a temporary basis for additional materials storage and to facilitate access to and through Tenant's concrete batch plant. NOW THEREFORE, Landlord agrees to lease to Tenant the property under the following terms and conditions: 1. LEASED AREA, CONDITION OF SITE The leased area, hereinafter called "Site", shall be that portion of the property jointly owned and operated by Landlord -as shown on the attached_Site_Map labeled. -"Exhibit A" and incorporated_. herein. The Site is leased to Tenant in an "as is" condition and Tenant agrees that it has investigated the condition of the Site and determined that the Site is suitable to the operations of Tenant. 2. MAINTENANCE AND REPAIR OF SITE Tenant agrees to maintain the existing perimeter fencing around the site. Tenant agrees to repair • and maintain the surface on the Site in good, usable and safe condition at all times. 3. TERM The term of this Lease Agreement shall commence on June 24, 1995 ("Commencement Date") and terminate on June 23, 1996 ("Termination Date"). 4. RENT Tenant shall pay to Landlord in lawful money of the United States of America, a minimum monthly rent of Two Hundred Forty Five Dollars ($245.00) for the period from June 24, 1995 to June 23, 1996. 5. RESTRICTIONS UPON USE Tenant agrees that, Tenant shall use the Site only for parking, storage of materials or as a turning area for Tenant's customers, employees, agents and contractors, in association with Tenant's concrete batch plant operation and that any other use, without prior written approval shall be a violation of this Lease. Furthermore, Tenant agrees that it shall not: a. Permit any use of the Site or any part thereof in a manner likely to cause injury, damage or an unsafe condition for the general public or the customers, employees, agents and contractors of Tenant; b. Permit undue accumulations of garbage, trash, rubbish or any other refuse by the customers, employees, agents and contractors of Tenant or cause or allow any circumstances or acts on the Site by the customers, employees, agents and contractors of • Tenant which will result in pollution of the Site, groundwater underneath or in the area of the Site or the surrounding area. Pagel of6 • C. Permit any use of the Site by the customers, employees, agents and contractors of Tenant which will cause a cancellation of any insurance policy, or any building or improvements thereon, or any activity by the customers, employees, agents and contractors of Tenant which may be prohibited by any insurance policies covering the area, said buildings or improvements. d. Draw or use any water from the Landlord's wells located on the Site. Tenant agrees to disconnect from these wells and to pay for all water consumed prior to the disconnection at the raw water rate established by the Public works Director of the City of Morro Bay. No water rights are granted with the Lease. e. Erect, place, operate or maintain any improvement within the Site, nor conduct any business, in violation of the terms of this Lease, or in violation of any regulation, order of law, statute, bylaw or ordinance of a governmental agency having jurisdiction over the Site. Store hazardous materials and/or petroleum products unless such storage meets the requirements of the State of California and the County of San Luis Obispo. Tenant shall take all -precautions to protect -Landlord's property from pollution of any kind and shall--- - — not allow petroleum products, industrial materials or pollution of any kind to leak onto Landlord's property or adjacent property or groundwater. 6. SIGNS All signs placed on the Site shall be in accordance with the "Sign Ordinance of the City of Morro • Bay". "Sign" shall have the meaning set forth in said Sign Ordinance. 7. GOVERNMENTAL REQUIREMENTS Tenant shall at all times comply with and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with any and all laws, statutes, ordinances, which govern, apply to or are promulgated with respect to the operation and use of the Site by Tenant in connection with its business; provided, however, that Tenant may cease to operate and use the Site at any time and, in such case, Tenant shall have no future obligation to comply or pay such costs and expenses of compliance. • So long as Tenant continues to operate and use the Site, Tenant shall comply with each and every requirement of all policies of public liability insurance which Tenant is required to have in force with respect to the Site. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against it, whether Landlord be a party thereto or not, that Tenant has violated any such ordinance or statute in the use of the Site shall be conclusive of that fact as between Landlord and Tenant. 8. TAXES Tenant acknowledges and agrees that this Lease may create a possessory interest subject to property taxation. Tenant agrees to pay and discharge, as additional rent for the Site during the term of this Lease, before delinquency, all taxes (including, without limitation, possessory interest taxes associated with Tenant's interest in the Site and the execution of this Lease), assessments, fees, levies, lease and permit fees and other governmental charges of any kind or nature whatsoever upon the assessed value of its interest in the Site. Page 2 of 6 • In the event the Site, or any possessory interest therein, should at any time be subject to ad valorem taxes or privilege taxes levied, assessed or imposed on such property, Tenant shall only pay taxes upon the assessed value of its interest. • 9. ADDITIONAL ALTERATIONS AND REPAIRS Prior to making any alterations to the Site, Tenant shall obtain the written approval of the Landlord. In addition, Tenant will obtain any and all required permits, approvals or authorizations required by all governmental agencies for the proposed alterations or repairs. 10. OWNERSHIP OF IMPROVEMENTS All improvements to real property constructed on the Site by Tenant as permitted or required by this Lease shall, during this Lease Term, be and remain the property of Tenant, provided, however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that Tenant's rights and powers with respect to the improvements are subject to the terms and limitations of this Lease. Upon termination all improvements, alterations or repairs to the Site shall become the property of Landlord. At the Landlord's option, Landlord may, at the sole discretion of Landlord, require any improvements to the site to be removed by Tenant upon termination of this Lease. In such case, Tenant agrees to promptly remove said improvements and to restore the site to its condition prior to the construction of improvements. 11. ASSIGNMENT AND SUBLETTING This Lease is personal in nature and may not be assigned or transferred by either party. 12. INSURANCE Tenant shall indemnify and hold Landlord and the property of Landlord, including said Site and any buildings or improvements now or hereafter on said Site, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from Tenant's occupation and use of said Site, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: (a) The death or injury of any person who is a guest, employee, agent or contractor of Tenant, or by reason of the damage to or destruction of any property, owned by Tenant or by any person who is a guest, employee, agent or contractor of Tenant, from any cause whatever while such person or property is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site; (b) The death or injury of any person who is a guest, employee, agent or contractor of Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or any person who is a guest, employee, agent or contractor of Tenant, caused or allegedly caused by either (i) the condition of said Site or some building or improvement on said Site, or (ii) some act or omission on said Site of Tenant or any person in, on, or about said Site with or without the permission and consent of Tenant; (c) Any work performed on said Site or materials furnished to said Site at the instance or request of Tenant or any person or entity acting for or on behalf of Tenant; or (d) 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 Site by any duly authorized governmental agency or political subdivision. Page 3 O%6 • Tenant shall, at Tenant's own cost and expense, secure promptly after the execution of this Lease and maintain during the entire Lease Term, a broad form commercial general liability insurance policy or policies which insures Tenant's public liability, property damage and business automobile exposures with the combined single limit of not less than $1,000,000.00 issued by an insurance company acceptable to Landlord and authorized to issue liability insurance in California, and which shall list Landlord as the named primary additional insured, without offset to Landlord's policies as respects all operations of Tenant. Any deductibles or self -insured retentions must be declared to and approved by Landlord. 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, Landlord, 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. Tenant shall within ten (10) days after the execution of this Lease and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to Landlord a true and correct copy of a certificate executed by the insurance company or companies or their authorized agent evidencing such policy or policies and an endorsement to the policy naming the City of Morro Bay and the Cayucos Sanitary District as primary additional insured. -- - --- - --- - - Each insurance policy required by 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) days prior written notice of the cancellation or reduction is given to Landlord in the manner required by this Lease for service of notices on Landlord by Tenant. is 13. HOLD HARMLESS • Tenant agrees to investigate, defend, indemnify and hold harmless Landlord, its employees and agents, from and against any and all losses, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney's fees) and causes of action whatsoever character, which the Landlord may incur due to this Lease or Tenant's operations or any acts or omissions of Tenant or its customers, employees, agents and contractors. 14. DESTRUCTION This Lease shall remain in full force and effect, including Tenant's obligation to pay rent, in all events of destruction to the Site, unless otherwise modified by the mutual written agreement of the Landlord and Tenant. 15. DEFAULT In the event that Tenant shall fail to perform any agreement, covenant or condition set forth in this Lease, the Lease may be terminated upon thirty days written notice from Landlord. 16. NOTICES If at any time after the execution of this Lease, it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered or certified United States mail, return receipt requested, postage prepaid and if intended for Landlord shall be addressed to: Page 4 of 6 • Harbor Director AND District Manager City of Morro Bay Cayucos Sanitary District 1275 Embarcadero PO Box 333 Morro Bay CA 93442 Cayucos CA 93430 and if intended for Tenant shall be addressed to: Dan Wixom Wixom Concrete PO Box 460 Morro Bay CA 93443 or to such other address as either party may have furnished to the other in writing as a place for the service of notice. Any notice so mailed shall be deemed to have been given as of the time the same is deposited in the United States mail. 17. UTILITIES Tenant is responsible for all costs of installation and maintenance of any and all utilities or services required by Tenant at the Site. Landlord shall not be liable for the failure of utilities or services to the Site. 18. MISCELLANEOUS a. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or • unenforceability shall not affect any other provision of this Lease, but this Lease Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. • b. Nothing in this Lease Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to anyone not a party, except as otherwise expressly provided herein. C. The words "Landlord" and "Tenant" as used herein shall include a corporation and include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. If there be more than one Landlord and Tenant, the obligations hereunder imposed upon Landlord and Tenant shall be joint and several. d. Time is of the essence of each and all of the agreements, covenants and conditions of this Lease. e. This Lease shall be interpreted in accordance with and governed by the laws of the State of California. The language in all parts of this Lease shall be, in all cases, construed according to its fair meaning and not strictly for or against Landlord or Tenant. This Lease constitutes the entire agreement between Landlord and Tenant with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written. This Lease may not be amended or modified in any respect whatsoever except by an instrument in writing signed by Landlord and Tenant. Page 5 of 6 • 19 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. Approved as to Content CITY ADMINISTRATOR CITY OF MORRO BAY CITY OF MORRO BAY ATTEST: CITY CLERK WIXOM CONCRETE, INC. a California Corporation Dan Wixom' Preside Approved as to Form: SANITARY DISTRICT ATTORNEY CAYUCOS SANITARY DISTRICT Roger Lyon CAYUCOS SANITARY DISTRICT Robert B. Enns, President Board of Directors ATTEST: CLERK OF THE BOARD Bonnie Connelly Page 6 of 6 v 6 • t 50 m0 V' Ozam x N o m ter t1i > w rn O l*1 +] N O O M Ea ce O i A )II 4NwaY o.✓E m J' RESOLUTION NO. 70-95 .RESOLUTION APPROVING PROGRAM SUPPLEMENT NO. 007 TO LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO.05-5391 FOR THE TWIN BRIDGES REPLACEMENT PROJECT (BRM-Y369[002]) THE CITY COUNCIL City of Morro Bay, California WHEREAS, a Local Agency -State agreement for Federal -Aid Projects (No. 05-5391) was entered into on February 13, 1979, and WHEREAS, from time to time it is appropriate to modify said Agreement by means of Program Supplements; and WHEREAS, the change in administration of the Twin Bridges Replacement Project (Project No. BRM- Y369[002]) from San Luis Obispo County to the City of Morro Bay is an instance within which such a modification is appropriate; and WHEREAS, Program Supplement No. 007 has been prepared by the State of California Department of Transportation for this purpose; and WHEREAS, said Supplement contains covenants and remarks to which the City must comply; and •WHEREAS, it has been determined appropriate to accept and comply to said covenants and remarks and approve said Supplement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California that Program Supplement No. 007 to Agreement No. 05-5391 is hereby approved; and BE IT FURTHER RESOLVED, the Mayor of the City of Morro Bay is hereby authorized to execute documents appropriate to reflect this approval. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 26th day of June, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None AAtR/�/ BRIDGET AVER, City Clerk dr:=7895 STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Gov DEPARTMENT OF TRANSPORTATION P.O. BOX 8114 SAN LUIS OBISPO, CA 93403-8114 AftTEUEPHO (WS) 549.3111 TOO (WS) St93259 JUN 0 91995 June 8, 1995 ' 05-SLO-0-MoBy BRM-Y369(002) South Bay Blvd @ Chorro Creek Br. No. 49C-241 and 242 Mr. Bill Boucher Director of Public Works 595 Harbor Blvd. Morro Bay, CA 93442 Dear BID: Enclosed, please find two copies of program supplement No. 007, covering preliminary engineering on the above referenced bridge replacement project. Please have both copies signed and return to this office, with an accompanying authorizing • resolution. A fully executed copy will be returned for your files. If you have any questions, please give me a call at 549-3213. Sincerely, /--1 W. F. Tyler District 5 Local Assistance cc: Steve Sylvester City Engineer 11 PROGRAM SUPPLEMENT NO. 007 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 05-5391 Date: May 31, 1995 Location: 05-SLO-0-MOBY Project Number: BRM-Y369(002) E.A. Number: 05-140451- 3Ob00 phis Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 02/13/79 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: In the City of Morro Bay on South Bay Blvd at Chorro Creek. Brd No. 49C-241 & 242 TYPE OF WORK: Replace Existing Bridges LENGTH: 0.3 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ] Right -of -Way [ ] [ ] Construction Engineering [ ] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER 100000I118 $ 80000 I$ 20000 I$ 0 $ 0 $ 0 City of Morro Bay STATE OF CALIFORNIA Department of Transportation By By Local Assistance Engineer District 5 tnnq Date 1 _1 1� Date Attest Title I hereby Certify upon my personw kthat udgeted funds are available for this encumbrance: fwledge /no Accounting Office:lonr /� �no Date 395 $ 80000.00 Chapter) Statutes I Item 1 Ye r 1 Program IBC1 Fund Source I AMOUNT 139 1994 2660-101-990 94-95 20.30.010.300 C 224060 692-F 80000.00 • Page 1 of 4 05-SLO-0-MOBY BRM-Y369(002) DATE: 06/05/95 • SPECIAL COVENANTS OR REMARKS The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs. This Program Supplement will be revised at a later date to include other phases of work. This Program Supplement provides for changing of the project administration from San Luis Obispo County to the City of Morro Bay. It will facilitate reimbursing the City for eligible costs directly attributable to the project relating to completion of the NEPA environmental document. Subsequent to Caltrans authorization to begin, it will also provide for reimbursement of the eligible city and/or consultant costs, for preparation of detailed plans and specifications and advertisement of project for contract. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. • 5. whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub -contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. • Page 2 of 2 RESOLUTION NO. 69-95 RESOLUTION ACCEPTING PROJECT NO. PW94-09; TIDELANDS PARK/THOMAS PARKING LOTS AS COMPLETED BY GEORGE F. GARCIA AND SONS AND AUTHORIZING FILING OF NOTICE OF COMPLETION THE CITY COUNCIL City of Morro Bay, California WHEREAS, on April 10, 1995 the City Council awarded the project contract to George F. Garcia and Sons; and WHEREAS, the construction contract has been completed as certified by the City Engineer and Public Works Department; and WHEREAS, it is therefore appropriate to accept the construction project as completed by George F. Garcia and Sons on behalf of the public. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California that Project No. PW94-09; Tidelands Park/Thomas Lot Parking is hereby accepted as completed on behalf of the public; and .BE IT FURTHER RESOLVED, the City Administrator is hereby authorized and directed to cause filing of a Notice of Completion for said project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 26th day of June, 26, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: n . A BRIDGETT(v AUER, City Clerk Is dr:res6995 0 NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the construction of Project No. PW94-09; Tidelands Park/Thomas Lot Parking in the City of Morro Bay, has been completed by George F . Garcia and Sons and accepted on , f g BRIDGETT BAUER, City Clerk City of Morro Bay, California • The undersigned hereby deposes and says: That she is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that she has read the foregoing notice and knows the contents thereof, that the same is true of her own knowledge. declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this day of , ig_ dr:e:cmpltn is BRIDGETT BAUER, City Clerk City of Morro Bay, California • CITY COUNCIL RESOLUTION NO. 68-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1995-96 FOR THE CITY OF MORRO BAY WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; and WHEREAS, Proposition I I I of June, 1990, requires an annual election of the method of measurement of growth in both PRICE and POPULATION; and WHEREAS, the measurement of PRICE is most advantageous using the growth in the California Per Capita Personal Income measurement; and WHEREAS, the measurement of POPULATION is most advantageous using the growth in San Luis Obispo County population. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay elects to 41 use as measurements of growth, the California Per Capita Personal Income and the County of San Luis Obispo Population growth, and establishes the Fiscal Year 1995-96 Appropriations Limit at $8,970,264 from the proceeds of taxes. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 12th day of June, 1995, by the following vote to wit: AYES: Anderson, Crotzer, Unger NOES: None ABSENT: Novak, Yates 1 / BRIDGE I`CAUER, -6ty Clerk Vice -Mayor C_'111 0 RESOLUTION NO. 67-95 RESOLUTION APPROVING THE MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State of California requires the City adopted a Transit Development Plan; and WHEREAS, without an approved Transit Development Plan the City is at risk of losing TDA funding; and WHEREAS, Nelson/Nygaard Consulting Associates prepared an Transit Development Plan for the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Morro Bay Transit Development Plan, prepared by Nelson/Nygaard Consulting Associates is hereby approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting • thereof held on the 26th day of June 1995 by the following votes: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: " & —&A, BRIDGEIr BAUER, City Clerk 0 X.-he 1:67-95 FI i I I r I I I 1 I 1 I 1 1• MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN NELSON/NYGAARD CONSULTING ASSOCIATES June 1994 1 E r The preparation of this report has been financed, in part, through a grant from the U.S. Department of Transportation, Federal Transit Administration, under Section 26(a)(2) of the Federal Transit Act Amendments of the Intermodal Surface Transportation Efficiency Act of 1991. MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN 3. Costs for the transit system are estimated to increase annually at 3%. This scenario assumes that operating costs can be reduced at the start of the plan. 4. TDA revenues are shown as increasing by 3% per year over the five year period. The base figure, for 1994/95 TDA is based on SLOCOG projections. Growth in TDA depends entirely upon the growth of the area and the economy. While TDA resources are volatile, a constant 3% is a relatively conservative assumption. The financial plan shows that the City will be able to reduce the amount of general fund money needed to subsidize the Dial -A -Ride system. The FY 1992/93 subsidy was approximately $70,000. Figure 7-2 Five Year Financial Plan Category 1994195 1995/96 1996/97 1997/98 1998/99 Operating Costs Capital Costs $180,433 $67,500 $200065 $60:000 $220,878 $60,000 $244,366 $ 60,000 $256,731 $ 0 Total Cost $247,933 $260,065 $280,878 $304,366 $256,731 Capital Grant (1) Fares (2) $54,000 $34,845 $48,000 $35:890 $48,000 $36,967 $48,000 $38,076 $ 0 $39,218 TDA Resource $135,000 $139,050 $143,221 $147,947 1 $152,386 Balance $24,088 $37,125 $52,690 $70,343 1 $65,127 (1) Assumes 80%federal funding under Section 18. If private sector pays for shelters then capital plan can be adjusted accordingly (2) Assumes growth rate of 3% per year NELSONINYGAARD CONSULTING ASSOCIATES 7-6 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN TABLE OF CONTENTS . • Page EXECUTIVE SUMMARY...........................................i CHAPTER 1: INTRODUCTION .................................... 1-1 CHAPTER 2: PERFORMANCE MONITORING STANDARDS .............. 2-1 2.1 Definitions .......................................... 2-1 2.2 Proposed Goals, Objectives, Measures and Standards .......... 2-2 2.3 Management Reporting Needs ........................... 2-5 CHAPTER 3: EXISTING CONDITIONS .............................. 3-1 3.1 Current Performance .................................. 3-1 3.2 On -Board Survey ..................................... 3-8 CHAPTER 4: OPERATING PLANS ................................. 4-1 4.1 Planning Concepts and Assumptions ....................... 4-1 4.2 Planning Issues ...................................... 4-1 4.3 Description of Service Alternatives ........................ 4-9 CHAPTER 5: CAPITAL PLAN ..................................... 5-1 5.1 Vehicle Plan ........................................ 5-1 • 5.2 Signage and Shelters .................................. 5-2 5.3 Capital Plan Summary ................................. 5-3 CHAPTER 6: MARKETING PLAN .................................. 6-1 6.1 Introduction ......................................... 6-1 6.2 System Image ....................................... 6-1 6.3 Rider Information ..................................... 6-1 6.4 Identifying Target Groups ............................... 6-2 6.5 Advertising ......................................... 6-3 CHAPTER 7: FINANCIAL PLAN ................................... 7-1 7.1 Introduction ......................................... 7-1 7.2 Projected Transit System Costs .......................... 7-1 7.3 Funding Sources ..................................... 7-2 7.4 General Financial Plan ................................. 7-5 NELSONINYGAARD CONSULTING ASSOCIATES I JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • TABLE OF FIGURES Paoe Figure E-1 Impact of Service Plans for FY 1994/95 ............. . ........ iii Figure 2-1 Goals, Objectives, Measures, and Standards ................. 2-3 Figure 3-1 Morro Bay Dial -A -Ride Service Area ....................... 3-2 Figure 3-2 TDA Data Elements ................................... 3-3 Figure 3-3 TDA Performance Indicators ............................. 3-4 Figure 3-4 Historic Trend of Operating Costs ......................... 3-5 Figure 3-5 Comparison of Ridership and Population .................... 3-6 Figure 3-6 Ridership Per Revenue Vehicle Service Hour ................. 3-7 Figure 3-7 Ridership Per Revenue Vehicle Service Hour ................. 3-9 Figure 3-8 Age of Riders ...................................... 3-10 Figure 3-9 Ridership by Household Income ......................... 3-10 Figure 3-10 Employment Status .................................. 3-11 Figure 3-11 How Often Do You Use The System? ..................... 3-12 Figure 3-12 How Long Have You Been Using The Service? .............. 3-13 Figure 3-13 Trip Purpose 1988 vs. 1994 ............................ 3-14 Figure 3-14 What Do You Think of the Service? ...................... 3-15 Figure 3-15 Most Desired Service Improvements ...................... 3-16 Figure 3-16 Trips Per Hour ...................................... 3-17 Figure 3-17 Origin and Destination Zones ........................... 3-19 Figure 3-18 Total Number of Trips Per Zone ......................... 3-20 Figure 4-1 Operating Costs and Performance Date for FY 92/93 Comparison with Other Demand Responsive Systems .......... 4-2 Figure 4-2 Comparison of Total Costs and Contractor Costs Cost/Vehicle Service Hour ........................................ 4-3 Figure 4-3 Comparison of Performance Incentives and System Performance .. 4-5 Figure 4-4 Trip Demand by Hour for 1993 ........................... 4-8 Figure 4-5 Alternative #1: Status Quo 4-10 Figure 4-6 Alternative #2A: Add Morning Service and Reduce Costs ....... 4-12 Figure 4-7 Alternative #213: Add Saturday Service .................... 4-13 Figure 4-8 Projected Subsidies and Farebox Recovery Ratio for FY 1994/95 . 4-14 Figure 5-1 Morro Bay Dial -A -Ride Current Fleet ....................... 5-1 Figure 5-2 Vehicle Replacement Schedule ........................... 5-2 Figure 5-3 Capital Plan Summary ................................. 5-3 Figure 7-1 Operating Cost Estimates ............................... 7-2 Figure 7-2 Five Year Financial Plan ............................... 7-6 NELsoMNYGAARD CONSULTING ASSOCIATES lI JUNE, 1994 EXECUTIVE SUMMARY The City of Morro Bay has a population of almost 10,000. This city serves as both a bedroom community for the City of San Luis Obispo, and as a major tourist destination. The City has been providing local demand responsive transit service since 1977 through the Morro Bay Dial -A -Ride. The Dial -A -Ride serves residents living within the Morro Bay City limits as well as visitors and tourists. The City also participates in the regional Central Coast Area Transit service, which provides intercity service between Morro Bay and the cities of San Luis Obispo, Cambria, and Los Osos. Overall, riders are very satisfied with the Dial -A -Ride service. The City takes a genuine interest in the quality of transit service that it provides. This is admirable, especially since many jurisdictions still view transit service as "something they are forced to provide". The Transit Manager and the current Contract Operator are doing an excellent job of maintaining a high quality service. Ridership, which had been declining steadily for several years, increased by 11% during the first half of FY 1993/94. This increase matched the number of riders in the on -board survey who indicated that they had just started riding within the last 6 months. The dispatcher is very efficient at scheduling trips. It is projected that for FY 1993/94 the system will carry an average of 12 passengers per vehicle service hour. This is a very high level of productivity for a dial -a- • ride service. This system, however, is considered to be relatively expensive. Since Morro Bay has a relatively small transit system it is to be expected that its unit costs will be higher than larger systems. This is because there are fewer service hours or miles over which to spread the system's fixed costs. However, Morro Bay's unit costs have reached levels that may be considered unusually high, even for a system this size. One portion of this study examines methods to bring those costs in line and offers several service plan options that can be considered in the future if funding is available. To evaluate the current system, the study team used both existing 'information and data collected as part of an on -board survey of riders completed on March 15, 1994. As a result of that survey effort a number of key planning considerations were developed as guiding principals for evaluating service improvements. A large percentage of riders are children under the age of 14 who use the bus to go to school. There is always a concern that concentrating on one segment of the market will have a negative impact on other segments. This plan examines methods of attracting other potential riders. NELSONWYGAARD CONSULTING ASSOCIATES I JUNE 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN The system is running near capacity throughout most of the day. Although on -time • performance is still better than 95% the dial -a -ride is quickly approaching a point where it will be difficult to accommodate more riders without increasing the number of revenue hours or revenue miles. As a result of the survey analysis a number of planning issues were developed which must be addressed when considering any service changes. These are: 1. Has the decline in ridership been stopped and will demand continue to grow as it has during FY 1993/94? It is not likely that demand will continue to grow at 11 %, but 3% is not unreasonable. The community is very pleased with the service being provided by Mayflower, in concert with the oversight of the Transit Manager. 2. Can operating costs per unit of service be reduced? This is the biggest problem for the system. It costs substantially more per hour, and per mile, to operate Morro Bay Dial -A -Ride than comparable systems. Since revenue enhancement is not a likely scenario at this time it is important to focus on getting as much service as possible within the existing budget. The recommendations summarized below suggest that cost control is possible. 3. Can service be added without increasing the operating budget? Riders want Saturday service and earlier morning service. Where will the money come from to pay for these services and should these service be added at this time? • 4. Should the system charge riders a premium fare for Saturday service? Will riders pay a higher fare and how will this effect the demand? Recommendations Three alternative service plans were developed. After reviewing each plan the following recommendations are made: a. The Contract Operator has exceeded the maximum billable amount, excluding bonuses, on several occasions. The Transit Manager should meet with the Contract Manager to discuss this issue. The Transit Manager should closely cross-check the monthly invoices against the maximum billable amount allowed in the contract agreement. The Transit Manger should not approve payments in excess of the maximum allowable budget. b. The Contract Operator has been exceeding the productivity standards that trigger bonuses on a regular basis. It is recommended that the Transit Manager and the Contract Manager review the productivity standards and revise them to reflect the current performance of the system. In addition, in order to limit the City's financial exposure there should be a cap on the maximum amount of bonuses that the • Contract Operator can earn in a year. NELsoMNYGAARD CONSULTING ASSOCIATES II JUNE 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN c. The Transit Manager and the Contract Operator should review the current • performance of the system to determine if a full-time Project Manager is needed and appropriate, for a system of this size. Many systems this size have a part- time manager. Reducing the hours of the Contractor's Project Manager would save money. However, it may also lead to a decline in the quality of service. The consultant recognizes that this is a trade-off that must be evaluated by the Transit Manager and the City. d. Weekday service should begin between 15-30 minutes earlier in the morning. Over the long term this will help redistribute the peak morning loads and will help maintain on -time performance. Although the survey analysis revealed that there is some demand for Saturday service it is not recommended at this time. Saturday service should be considered in the future if operating costs can be reduced and savings are realized. At this time it is more important for the City to concentrate on building up the ridership and lowering the cost per unit of service. This is especially important given that TDA funds, Morro Bay's primary source of funding, have remained relatively stable over the past few years while the City's contribution to SLORTA has steadily increased. This has limited the City's ability to expand local service. Complementing these service recommendations are capital, marketing, and financial • plans. Figure E-1 summarizes the impacts of each of the alternative service plans that were examined in this study. The alternatives are described in detail in Chapter 4. Figure E-1 Impact of Service Plans for FY 1994/95 Alternative Passengers Cost Productivity #1 42,230 $233,667 11.4 #2A 42,230 $180,433 .11.0 #2B 44,414 $204,873 10.2 NELSONWYGAARD CONSULTING ASSOCIATES Ill JUNE 1994 CHAPTER 1: INTRODUCTION The City of Morro Bay has a population of almost 10,000. This city serves as both a bedroom community for the City of San Luis Obispo, and as a major tourist destination. The City has been providing local demand responsive transit service since 1977 through the Morro Bay Dial -A -Ride. The Dial -A -Ride serves residents living within the Morro Bay City limits as well as visitors and tourists. The City also participates in the regional Central Coast Area Transit service, which provides intercity service between Morro Bay and the cities of San Luis Obispo, Cambria, and Los Osos. Overall, riders are very satisfied with the Dial -A -Ride service. The City takes a genuine interest in the quality of transit service that it provides. This is admirable, especially since many jurisdictions still view transit service as "something they are forced to provide". The current contract operator is doing an excellent job of maintaining a high quality service. Ridership, which had been declining steadily for several years, increased by 11% during the first half of FY 1993/94. This increase matched the number of riders in the on -board survey who indicated that they had just started riding within the last 6 months. The current operator has successfully attracted new riders by improving the quality of service provided. The operator is also very efficient at scheduling trips. It is projected that for FY 1993/94 the system will carry an average of 12 passengers per • vehicle service hour. This is a very high level of productivity for a dial -a -ride system This system has a history of high costs per service unit. Since Morro Bay has a relatively small system it is to be expected that its unit costs will be higher than larger systems. This is because there are fewer hours or miles over which to spread the system's fixed costs. However, Morro Bay's unit costs have reached levels that may be considered unusually high, even for a system this size. This study examines methods to bring those costs in line. This Transit Development Plan is intended to serve as a blueprint for a changing system. To evaluate the current system, the study team used both existing information and data collected as part of an on -board survey of riders completed on March 15, 1994. As a result of that survey effort a number of key planning considerations were developed as guiding principals for evaluating service improvements. A large percentage of riders are children under the age of 14 who use the bus to go to school. There is always a concern that concentrating on one segment of the market will have a negative impact on other segments. On -time performance is still above 95%. However, the system is running near capacity throughout most of the day. It will be difficult, if not impossible to accommodate an increase in ridership without increasing the level of service. NELsoNWYGAARD CONSULTING ASSOCIATES 1-1 ,/uNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN This Final Report presents conclusions and recommendations developed from field isobservation of the system, analysis of on -board data collection, examination of other documents and discussions with staff. NELSONWYGAARD CONSULTING ASSOCIATES 1-2 JUNE, 1994 • CHAPTER 2: PERFORMANCE MONITORING STANDARDS Goals and objectives are important tools in building consensus around planning decisions, while measurable standards are important as a means of guaranteeing that public agencies are getting a good return on their investment. This chapter presents proposed public transportation goals, objectives and standards for both demand responsive and fixed route service, based on current operating conditions in Morro Bay. These goals, objectives, and standards are based primarily on the standards of other similar systems, modified to reflect existing practices and policies in Morro Bay and San Luis Obispo County. The City of Morro Bay adopted the goals, objectives, and performance standards outlined in the 1988 Short Range Transit Plan completed by Xaplan and Associates. These goals, objectives, and standards have been updated and expanded to represent the current Dial -A -Ride operating conditions. 2.1 DEFINITIONS A complete statement of goals and objectives contains the following elements: • Goals • Objectives • Measures • Standards The relationship between these elements is hierarchical. Goals set the tone by establishing the overall policy direction and organizational philosophy. Objectives relate to each goal. They are specific, attainable, and program oriented. Performance measures provide the mechanism for measuring the achievement of objectives. Measures can be both passive and active. Passive measures are used to measure achievement of service design and are often qualitative. Active measures are used to measure service performance and are usually quantitative. Measures involve monitoring, data collection, analysis and evaluation. NELSONWYGmRD CONsuLflNG AssocmTEs 2-1 JUNE 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • Standards set the level of attainment desired for each performance measure. Standards are usually quantitative but may be qualitative (e.g., a yes/no assessment as to whether an objective has been achieved). Standards should be agreed -upon targets for the transit system to achieve and may be recalibrated annually or more frequently to reflect changing circumstances such as market changes, funding changes and operational changes. 2.2 PROPOSED GOALS, OBJECTIVES, MEASURES AND STANDARDS The proposed goals, objectives, measures and standards are shown in tabular form in Figure 2-1. The table is arranged with the goals -objectives -measures -standards hierarchy proceeding from left to right. Goals are stated in the far left column. To the right of each goal are listed the objectives. To the right of the objectives are listed the performance measures. To the right of the performance measures are the standards -- that is, the level that should be achieved in each performance measure. Current performance is shown in the fifth column so that the proposed standards can be compared against actual performance. Two basic goals are presented. For each goal, several objectives and measures are included. The performance monitoring system is intended to provide a routing and accurate assessment of system performance without overburdening the system, or requiring more information than is already being collected by Morro Bay. • 1. Provide safe, reliable, high quality and economical public transportation. This goal deals with short-term activities including planning, marketing, and service delivery. 2. Coordinate transit system development with community planning and development efforts and land use policy. This goal deals with important long-term activities to protect and enhance the viability of transit. From these goals follow objectives, performance measures and performance standards as shown in Figure 2-1. Current performance is based on information collected for the fiscal year ending on June 30, 1993. NELSONWYGAARD CONSULTING AssociATEs 2-2 JUNE 1994 2 a 4 � 2U w . P s E v va S C �° ui ly c yQ d y r r c m c p oaaaoa ao Y m m m Y Y C m m Y '� O Y� ca c m YOI 0 p e C Y N N t LCCC C O OC C Y ; w ryry yy UiC Q. E o 0 -�O n a m m v m m o n ry Y O o o o o o o Mao 0 0 N?? LL w 2• Y W m m Y m m m Y Y m K R K C C K=_ M X K c ti 0 0 m p LL W z z o 0 W a U co Z F. N 2 c L N O mEmNao Yaaimu,5fE� ZZQ 0 m T CYFa Y S " ON c C F Y Y Y 3 a c m c E 3 O m O O W m@ p c cmq � � c c0 M �n mycmy .m m>> N N O e� A N N qcOq i M M N$ N N a n v v m v n n v Y y F°-za0KKa`aa �a > zY OR O N L W Y W N o o c m E E r c o O c c c 0 O > m € 3 n 2 m 9 z S m J m p O YC v C m O .Y. Y f c > n 2 F 3 a > m c o n ,�0, o �. M O m c 3 OR n m r m e E) E w m c 3 o0 E v > a °� O a 4 a c N 3 E) 4 ° E g« a m rn v E 0 a Yrn x a m$ E Cro C1 L �v ,E q 7 d m oOi m. g o d % m 3 $ _ a f a yEi aO m A m>%> um 0 a 90 a U. O a a li N Q N N U) � 0 z M m > c w V 4 m Y E 6 Y O O m y o n w Y) 0 F• N Y .o `0.2 W /V1� w C O OI Z W yj� Cobo OY v C N Lmm� N a > m � {Cp0 Y t $ e �+ c O m O s m s S U mo 0. mCA mg > > s > 0 c f) B€ Y N CyC 3 a a a a6 a Om cm lO-.c2 i s m s u d m of c y N Q O W Q_ 2 t0 c ^ @ s0 N 2 Y o U Q C07 �mE O Y 4 �`o p O a 1 Q n m 2 a' O Z } � -� $, - %! # k§) } !!!(] �`» k ! mwE> §k� o !fie ; )k ..�IL Q k / § ` \ /it ) -0 \ a ! £ f m L ! - Ir s 2 a . _$ 4 ) 2 , IL 7 k ` tcc �■ a it�; 2 2 . . ! . § E ! ko k \ . § mE 0 k . ƒ 2 )§ )\| �E §ui k] !| %£ o \\k \\ \\ / \ ! § \2 ` k �)_ % Q /)k s R §_§ !maEo ; �!w_-ram,-! -- B L 0_E_!!a OmV.20■ ! ON Z | ----------------- - a m MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • 2.3 MANAGEMENT REPORTING NEEDS As noted in the right hand column of Figure 2-1, most of the elements of the performance monitoring system are already in place, and are presented in a useable form on the monthly management report provided by the current contractor. Adding the few elements recommended in the performance monitoring system should not be time consuming. The City's Transit Manager should work with the contract operator to modify the current monthly report format for use in both monthly and annual formats. It is suggested that each indicator be tracked on a monthly and cumulative basis. This will provide a "snapshot" look at year-to-date performance. The report should also contain the monthly in-service miles on the summary sheet, as well as on the invoice. It is important that the Contract Operator provide the City's Transit Manager with a monthly report in a format that is simple and easy to understand, so that it can be passed on to policy boards and/or funding agencies as needed, while minimizing the operator staff time needed to complete the report. Discussions with the Transit Manager have revealed that the contract operator has exceeded the maximum contract amount, excluding bonuses, on more than one occasion. The maximum amounts payable to the contract operator are outlined in • Section #7 of the operating agreement between Morro Bay and Mayflower. The Transit Manager must routinely track contractor payments to ensure that sufficient funding is available to continue service within the allocated budget. The contractor and Transit Manager should work together to ensure that the budget cap will be respected. NELSONINYGAARD CONSULTING ASSOCIATES 2-5 JUNE, 1994 CHAPTER 3: EXISTING CONDITIONS _0 This section summarizes the current operating conditions in Morro Bay. The City of Morro Bay currently operates an exclusively demand -responsive public transit service using a fleet of city owned vehicles. The service is operated through a contract with Mayflower Contract Services Inc., which has operated in Morro Bay since July 1, 1992. The system operates a total fleet of four lift equipped vans. Two vehicles are generally used in revenue service each day, while the other two are kept as back up units. Morro Bay Dial -A -Ride operates between the hours of 7:00 am and 6:00 pm Monday through Friday. Saturday service was eliminated in 1992 due to funding constraints. During the current year the system has been in revenue service an average of 66 hours per week. The service area includes all of the City of Morro Bay. See Figure 3-1. Connections to the regional system, CCAT, can be made at City Park in the downtown area. 3A CURRENT PERFORMANCE • 3.1.1 Fares The regular adult fare is $1.00 per ride. Seniors and disabled riders pay $.75 per ride. Children under five ride free when travelling with a fare paying adult. Discount regular ticket books good for eleven rides can be purchased for $10.00. Discount senior books good for eleven rides can be purchased for $7.50. Transfers are accepted from CCAT. The last fare increase was in 1991. 3.1.2 Operating Costs and Performance Indicators The last triennial performance audit for Morro Bay Dial -A -Ride was completed at the end of FY 1990/91. A complete breakdown of TDA (Transportation Development Act) data elements and performance indicators are contained in Figure 3-2 and Figure 3-3. This breakdown covers the period from FY 1988/89 to FY 1993/94. This data has been supplied by the Transit Manager and has not been audited by the consultant. Operating costs for FY 1993/94 are expected to be $213,906, up 3% from the previous year. Historically there has been a great deal of fluctuation in the system's operating costs. There have been three different contract operators since 1988 and this may have had some impact on the costs. The system's costs are covered by fare revenues, TDA/LTF revenues, STA revenues, and the City of Morro Bay's General Fund. • The amount of service provided, as measured by hours and/or miles, has steadily decreased since FY 1998/89. This is in response to several factors: NELSONWYGAARD CONSULTING ASSOc/ATES 3-1 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN NU Figure 3-1 Morro Bay Dial -A -Ride Service Area NELSONINYGAARD CONSULTING ASSOCIATES 3-2 JUNE, 1994 MORRO BAY DIAL -A -RIDE • Figure 3-2 TDA Data Elements TRANSIT DEVELOPMENT PLAN Date FY 98189 FY 89/90 FY 90/91 FY 91/92 % Change 90/91-91/92 FY 92/93 % Change 91/92.92/93 FY 93/94 % Change 92/93.93194 openstIngCoat $187.750 $177,822 5212,656 $216,566 $207,798 -4 5213,906 3 passongem 45.076 43.727 42,690 38,211 4 37,096 -3 41,252 11 Vah. Sam. Mlles 77,497 71.891 68,024 61,905 57,085 -8 56,233 -1 Veh. Sam. Hours 5.027 5,005 4,779 4,378 3,525 -19% 3.446 F.T.E. 6.27 5.99 5.8 5.55 -4% 4.77 -14% 4.66 Fan Revenues $26,400 22 ,189 526,175 530,741 17 $29,074 -5 $32,286 11 NI au . W.Er T..n uwps • • NELsnnrlNvradRn rnlvctn nhrr- dSRn! IATFR 3-3 .It mg. 1914d MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN U • Figure 3-3 TDA Performance Indicators Indicator FY 88/89 FY 89/90 FY 90191 FY 91 /92 % Change 90/91.91/92 FY 92/93 % Change 91/92.92/93 FY 93/94 Estimated % Change 92/93.93/94 Coat/Peea $4.17 $4.07 $4.98 55.67 14 55.60 -1 $5.19 Cost/Hour 537.35 $35.53 $44.50 $49.47 11 $58.95 1 $62.07 5 Co"Ile 52.42 52.47 53.13 $3.50 1 $3.64 0 $3.80 4 Mlls/Pasa 1.72 1.64 1.59 1.62 1.54 .5% 1.36 •11 Pasa/Mile 0.58 0.61 0.63 0.62 0.65 50A 0.73 13 Pass/Hour 9.0 8.7 8.9 8.7 10.5 21 12.0 14 Houm/FTE B02 836 824 789 739 739 Feraboa Ratio 15.1 14. 12.3 14. 15 14. -1 15.1 Tv . FerelPas t I 50.63 I $0.60 1 $0.61 1 $0.80 1 31 $0.78 $0.78 M YY Y1�M ll lm/I Mw�yr NELSONWYGAARD CONSULTING ASSOCIATES 3-4 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN B • • A decline in the need for service due to decreased ridership • • A request from SLOCOG to eliminate unproductive Saturday service prior to FY 1992/93 • Improvements in productivity attributable to the current operator Unfortunately, over the years, as the level of service has been reduced, operating costs have been on an upward swing. The cost per vehicle service mile and cost per service hour have both steadily increased since FY 1988/89 and now stand at $3.80 and $62.07 respectively. Figure 3-4 illustrates the trend in operating costs. Figure 3-4 Historic Trend of Operating Costs Operating Cost $250000 $200000 $150000 $100000 $50000 $0 L 88/89 D N WM by Tn Mw ............ _........ 89/90 90/91 91 /92 92/93 93/94 est Fiscal Year 3.1.3 Ridership Ridership declined steadily from 1989 to 1993. This was in contrast to the population of Morro Bay, which increased during the same period. As of May 1994 the population is approximately 10,000. • NELSONWYGAARD CONSULTING ASSOCIATES 3-5 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN E • • The Transit Manager and the current contract operator believe that the decline in ridership over the past few years was attributable to several factors including: • Statewide economic recession during the 1990s • A decline in Morro Bay's senior citizen population • A decline in the student ridership due to the reopening of an elementary school in North Morro Bay • A fare increase effective July 1991 Ridership during the current fiscal year is up almost 11% from the previous year. This is the first time ridership has increased in over six years. The Transit Manager believes that the increase is directly attributable to the excellent level of service provided by Mayflower. Figure 3-5 compares the changes in ridership with the changes in population. Figure 3-5 Comparison of Ridership and Population Ridership (000) Population (000) �2 u 1990 1991 1992 1993 1994 e9t. Ridership ❑ Population • 'Based on Dept. of Finance projections and data from Transit Manager NELSGNINYGAARD CONSULTING AssociATEB 3-6 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN 14 • 3.1.4 Effectiveness (Ridenil per Revenue Service Hour) • • Most demand -responsive systems transport 5.0 to 8.0 passengers per revenue service hour. Morro Bay has always had a very productive service, averaging 8.7 to 9.0 passengers per revenue service hour. However, after Saturday service was eliminated in 1993 this figure jumped to 10.5. This service change resulted from a 19% reduction in service hours, but only a 3% drop in ridership. Productivity increased again during FY 1993/94. Figure 3-6 shows the yearly changes in passengers per revenue vehicle service hour. The system is now approaching the point where further increases in productivity are unlikely as capacity is reached. I 1 Figure 3-6 Ridership Per Revenue Vehicle Service Hour Passengers/Vehicle Service Hour 1 ------------------------- 10.�. 0 — — — — — --------------- — 8 9 8.7 8.93 3 ------------------------- i------------------------- I------------------------- ------------ C 88/89 DM SuPPW 4y Tr ' Mn q.r 89/90 90191 91/92 92/93 93/94 est NELSONINYGAARD CONSULTING ASSOCIATES 3-7 .TUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN 3.2 ON -BOARD SURVEY On March 15, 1994 Nelson\Nygaard conducted a complete on -board survey of all Morro Bay Dial -A -Ride regular service riders. The survey was intended to provide a snapshot of a typical service day. The survey day was chosen by the Transit Manager and the contract operator, with some input from the consultant. Drivers were asked to pass out a survey form to each boarding passenger. The English version of the form is contained in the Appendix. A Spanish form was also provided. Parents completed survey forms for riders under age 14. In addition, social service personnel completed the forms for all mentally challenged riders. Fifty-four (54) riders completed surveys on board the bus. In addition, representatives of Del Mar Head Start, Del Mar Elementary, and Morro Elementary schools each completed one group survey for the students enrolled in each school. These three group surveys represented another 22 riders. Riders were asked to complete a form only once during the day, even though most riders use the bus for round trips. There were 152 boardings on the day of the survey. Assuming that each rider represents two boardings, the 76 riders responding to the survey represent a completion rate of 100%. Some of the questions pertaining to demographic information were not completed on the group survey forms. This has been noted in the survey analysis. • 3.2.1 Demographic Information Age/Sex The dominance of school age children can be seen in the breakdown of ridership by age in Figure 3-7. Almost half of the riders were age 14 and under. The second largest group of riders was elderly people age 62 and older (25%). The remaining riders were evenly distributed between ages 15 and 61. Of the 52 non -subscription riders 37 were female (67%) and 15 were male. The elementary school riders were not included because they were grouped into three surveys and individual gender information was not available. WELSONWYGAARD CONSULTING ASSOCIATES 3-8 ./UNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • Figure 3-7 _Age of Riders (excluding elementary school children) 15 to to 7% Disability 5 25 to 44 11% 45 to 61 6% • A large percentage of riders, 31%, responded that they have some type of disability which makes it difficult for them to use any type of public transit that it not specifically "door to door". Many of these disabled riders are children enrolled in special school programs. This large proportion of riders who are dependant on door-to-door service limits the potential for fixed route service in Morro Bay. 10 Income Almost 90% of the riders have household income levels below $20,000/year. Nearly 2/3 fall below the poverty level of $10,000/year. Although this percentage tends to be a Tittle higher than average, it is certainly not unusual. Many transit operators have found that a large percentage of their riders come from low income households. Figure 3-8 provides a breakdown of ridership by income. NELSONWYGAARD CONSULTING ASSOCIATES 3-9 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN .• Figure 3-8 Ridership by Household Income < $10,000 67% $40,000 + 6% $20,000-$39,999 4% $10, 000-4119, 999 23 % Employment The employment distribution is very similar to the distribution of ridership by age in that • most riders are either full-time non -college students (38%), or retired (21%). 7% of the riders are in college, and another 20% are employed either full-time or part-time. Figure 3-9 presents a breakdown of employment status. • Other Student 38% Figure 3-9 Employment Status College Student Unemployed 7ti 9% r Homemaker 7% npl. FT 10% NELsoMNYGAARD CONSULTING ASSOCIATES 3-10 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • • Travel Options This question provides insight into the level of transit dependence of Morro Bay DAR ridership by asking how they would have made the trip if DAR service were not available. The survey results clearly indicate that almost all of the riders are dependent on the service. Only 1 % said they would drive themselves if the Dial -A -Ride were not available. 32% said they would not have made the trip, and 30% said they would have walked, indicating that they are taking relatively short trips. Figure 3-10 provides a distribution of travel alternatives. Figure 3-10 If The Dial -A -Ride Were Not Available, How Else Would You Have Made This Trip? Driven by someone else 37% Would not have gone 32% - Myself 1 % Walked 30% The high proportion of trips that could not have been made without dial -a -ride shows that the system is filling an essential transportation function to a largely dependant client base. Virtually none of Morro Bay Dial -a -Ride's ridership can be considered "choice riders". NELSONWYGAARD CONSULTING ASSOCIATES 3-11 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN I a • 3.2.2 Service Information • • Frequency Virtually all of the Dial -A -Ride patrons are regular riders. More than half of the riders (53%) use the system every day of the week. This directly corresponds to the large number of school age children using the subscription service. An additional 41 % use the service at least once a week. Figure 3-11 provides the frequency distribution. This high concentration of regular riders allows Morro Bay to provide a very responsive service. Figure 3-11 How Often Do You Use the System? 5 days/Week 53% /—.*h 1 % iys/month 5% 4 days/week 41 % NELsoMNYGAARD CONSULTING ASSOCIATES 3-12 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • Nearly 75% of the riders have been using the Dial -A -Ride system for over two years. Perhaps the most important finding is that 12% of the riders have been using the system for 6 months or less. Ridership started to increase substantially about 6 months ago. Thus, it appears that much of the current increase in ridership is due to an influx of new riders, rather than an increase in the number of trips made by existing riders. Attracting new riders is a good sign that the community is pleased with the service. Figure 3-12 provides a breakdown of how long riders have been using the service. • Figure 3-12 How Long Have You Been Using The Service? 2 + years 74 % Trip Purpose 1 - 2 years 11 % a% 5 months 12% The dominance of school and subscription trips can not be overemphasized. The majority of riders indicated that they use the Dial -A -Ride to get to schooVcollege. The second most common trip purpose was shopping/personal (15%). On most transit systems work trips account for the largest percentage of trips. Only 12% of the Morro riders indicated that they used the bus to get to work. It may be difficult for the system to capture work trips.given the large percentage of schooltsubscription trips. School trips generally conflict with work trips, especially during the morning hours. NELSONINYGAARD CONSUL7ING ASSOCIATES 3-13 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • Comparing the current survey results with the 1988 SUP reveals that the percentage - of school/college trips has significantly increased since 1988 (Figure 3-13). A discussion with the Dial -A -Ride manager uncovered three possible causes for this increase: 1. School bus service has been reduced. 2. A "Head Start' school was opened. 3. Parents have become more fearful about letting children walk to school and thus more children are being put on the bus. Figure 3-13 Trip Purpose 1988 vs. 1994 2x 1994 Survey Satisfaction with Service 1988 Survey The vast majority of riders believe that service is either good or excellent (Figure 3-14). Only 5 people said the service is fair and nobody indicated that the service is poor. Overall there is a very high level of satisfaction with the Dial -A -Ride. NELSOMNYGAARD CONSULTING ASSOCIATES 3-14 .TUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • provided by the County's Runabout system, it is only available on a 24 hour advance reservation basis. 11 0 The second most requested improvement was for earlier morning service. This might represent untapped demand for work or school trips. Figure 3-15 presents the most requested service improvements. Any service changes should take into account the impact on system productivity. The Dial -A -Ride already has a very high cost per service hour. Since Saturdays are typically less productive than weekdays, adding Saturday service could cause the number of passengers per hour to decrease. Riders were asked whether they would be willing to pay a premium fare for selected service improvements, such as Saturday service or service on selected holidays. 45% of the respondents said they would be willing to pay a premium fare. Only 10 riders indicated an actual amount for a premium fare. The suggested fare ranged from $1.25-$1.50. Figure 3-15 Most Desired Service Improvements "b" � � �M �w s«.i.. f..d" a V .b 0 10 20 30 40 so .MM. Respondents could choose three improvements. NELSONINYGAARD CONSULTING ASSOctATES 3-16 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • • • Regional Connections 13 respondents (17%) said that they used the Dial -A -Ride to make connections with the CCAT regional fixed route service. The transfers take place at the city park. Riders transferred to CCAT routes 8 and 12, revealing that trips are being made to both points north and south of Morro Bay. None of the riders transferred to CCAT route 7. The current Dial -A -Ride service schedule allows riders to meet all of the CCAT buses that serve Morro Bay. 3.2.3 Origin and Destination Time Distribution of Demand Figure 3-16 shows the distribution of demand by time of day, and compares current demand to the results from the 1988 SRTP. The significant differences show up in the early morning and late afternoon, reflecting the shift towards school age riders. Current demand is very high between 7-9AM. It then tapers off during mid -morning and picks up again after lunch when the children leave school. Only 10 trips were recorded for the last two service hours (4-613M). 25 20 15 10 5 0 Figure 3-16 Trips Per Hour Trips/Hour a-ur rw ��au ivnaar 11-1aM 'aIm a -am a-aaa a a.asr aw Time o1 Day 1988 1994 NELSONWYGAARD CONSULTING ASSOCIATES 3-17 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • Origin and Destination The dispatch trip tickets were analyzed in order to determine the origin and destination points for each passenger. 137 trip tickets were examined. In the 1988 SRTP JKaplan, and the Transit Manager, divided the service area into a series of zones. The same zones were used for the current study. See Figure 3-17. Every origin and destination point was counted as a separate trip end. The points were then totalled to determine the total number of trip ends in each zone (Figure 3-18). Not surprisingly, the major trip generators were the schools; Morro Elementary (zone 5), Del Mar School (zone 2), and the Del Mar Head Start Program (zone 2). Other important destinations include the city park/Dial-A-Ride office area in zone 5, and the stores along Quintana Road. 3.2.4 Summary Overall, Morro Bay is providing a very productive demand responsive service (12 passengers/revenue vehicle service hour). The vast majority of riders are very pleased with the existing service. Since most of the riders tend to be either elderly or young children they are probably best served with a Dial -A -Ride rather than a fixed route service. However, that is not to say that fixed route service should not be evaluated. • With 12 passengers per hour the service is approaching the point where people may not be able to have a vehicle available within 15 minutes of their call. The most desired service improvement at this time is Saturday service. Almost half of the current riders did indicate that they would be willing to pay a premium fare for additional service, including Saturday service. The system is reaching the point where vehicles are operating at full capacity for most of the day. In order to accommodate more riders, or provide Saturday service, the number of service hours will have to be increased. Since state and local funds are continuing to decrease, the service must investigate ways to either generate more revenue or provide more service for the same amount of money. NELSONWYGAARD CONSULTING ASSOCIATES 3-18 ./UNE, 1994 regure r 11 Origin and Destination Zones • (Major Destinations p C -• t ` C4 � c Jr/ � P` ty0 1 ICI R �• f MORRO •1 � ��r ,a (�/ /r 1 STRA\0 u� 'd .4.'t o • } 1\` 4 �9IY 4• � \ LUCM 71 'Z MORRO BAY . ATt PARR np.0 •: >r•n@ [ \ /� • is ..... x F p:4 ar a, �2� MORRO CA 9 �t 5 ems. 3� 9 �- ,',-^.n� \'•.. BAY ano BhCk NiII M`•'.t �"k.cw if' .c..o STATE '>•e _! xue : "`... : PARK Ww \ - urt hx j ------ MORRO d `tee r M0RRO' Al' \ • r w �a� K'ILDLIFE \ ,! . BAY MONTANA / STATE i c� 3-19 o , O9 PARK MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • r] Figure 3-18 Total Number of Trios Per Zone Zone # # of Origin Trips # of Destination Trips Total Trip Ends 1 6 6 12 2 32 25 57 3 2 3 5 4 25 26 51 5 56 41 97 6 15 18 33 7 7 11 18 8 6 8 14 9 2 0 2 NELSON►NYGAARD CONSULTING ASSOCIATES 3-20 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN CHAPTER 4: OPERATING PLANS 4.1 PLANNING CONCEPTS AND ASSUMPTIONS The results of the on -board survey and the analysis of existing conditions both raised issues about the delivery of transit service in Morro Bay. These issues served as guidance in the construction of the service plan scenarios described in this chapter. Overall, Morro Bay Dial -A -Ride is providing a service that is highly valued by its riders. The system -wide on -time performance is very good and the vast majority of riders rated the service as excellent. During the current year the Transit Manager and the Contract Operator have been successful in attracting new riders to the system. 4.2 PLANNING ISSUES 4.2.1 Ridership Trends For the first time in over 5 years the level of ridership has stopped declining and has significantly increased. Projected ridership for FY 93/94 (based on 10 months of data) is up by almost 11 % over to FY 92/93. It is too early to tell if this trend will continue, or • if it is just a short term phenomenon. Given the historical trend in ridership it is unlikely that the current 11% rate of growth will continue. For planning purposes it is assumed that ridership will increase at 3% per year during the next five years. This rate (based on California Dept. of Finance data) equals the projected population growth in Morro Bay. 4.2.2 Operating Costs and Contract Operator Agreement Figures 4-1 and 4-2 compare operating costs between Morro Bay Dial -A -Ride and other demand responsive services, both within San Luis Obispo County and throughout the state. The comparison includes systems with and without contract operations. Morro Bay's cost per vehicle service hour and cost per vehicle service mile, while lower than South Bay DAR, are both above the average for the other systems which use contract operators. It should be noted that as a small system, Morro Bay DAR has fewer service units over which to spread its normal fixed costs. Even so, many of Morro Bay's cost factors exceed the level that would be expected for a demand responsive system of its size. The contract unit costs are a cause for some concern, both in terms of system affordability and as a constraint to service enhancement. Service hours and service miles have been reduced every year from 1988 to 1994. Ridership has recently experienced a significant increase. Due to a highly productive rate of 12 passengers per NELSONINYGAARD CONSULTING ASSOCIATES 4-1 JUNE, 1994 • C m a CX a e o rn to to co rn m m O n to N r Co N M N � 7 Q O cli N co C") co N (O N N O❑N to fq r a n a r V r C.) N N N a N In co O Q mn n N O p- C ee tO tO ao a co (D m cf) c0 m a L¢ n n to O n r 6 4 r w > a O O) O O r N N N /A N 75 (� ❑ N N U)(O 69 N U) t9 to3l n O m N a) N I O) O O O fYj Q Cl) n N N n a) tO C7 V O Q tO O) CCL Oct N 6 V n > 7❑ N LO I I co C 69� N tot ❑ 'r N N 69 69 y a: N OD O O co N V 07 m 7 co N O) O CO O N N Cl) CD CO Q n 'i r ^ to n n n CD O 0 CO cm m m O N w fA m Q m cli COD oN) oN) 1] r I n N C6 r v Pr O O ❑ N 0 CA N a co cm m n n O U) Q o ci C n) ci a u O cm N M 2 N N N CD 40 w a � O 0 O a � S � O O O u 0 U U Z Z a c 03 N N O O u Im N N e o o c o. u u 0 G 0 0 0 06 O O O O U > > a U U U m e a -i m o 0 0 F H H H 12 a w 2 7 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN Figure 4-2 • Comparison of Total Costs and Contractor Costs Cost/Vehicle Service Hour Operating cost $ TO 60 50 •0 30 20 10 0 MO tYWP NM OMIN Ma0M/M Turlxk QManakM Avemp So. say DialA-Ride System • ■Total Coat/ysH ®Cunt. Cost/VSH service hour the system is rapidly approaching the point where additional passengers can not be accommodated without increasing the number of service hours, and or service miles. It is important for the Transit Manager and the Contract Operator to look at ways to provide more service hours (either for weekdays if needed or for the proposed Saturday service) at or near the current operating cost. Three areas that should be examined are reviewed below. 1. Billable Costs vs. Allowable Costs Morro Bay's Transit Manager has indicated that in FY 1992/93, and again in FY 1993/94, the contractor exceeded the maximum billable amount, excluding bonuses, allowable under their operating agreement. The maximum allowable amount, including amortization of the start-up fee, in FY 1992/93 was $133,319. The contractor billed $139,421. The $6,102 above the allowable amount was billed to and paid for by the City. The final costs are still being calculated for FY 1993/94. NELSONWYGAARD CONSULTING ASSOCIATES 4-3 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN The monthly invoice from the contractor consists of two parts: a fixed monthly • management fee which is outlined in the operating agreement, and a $1.003 charge for every service mile. Since the management fee is fixed any contract overruns must be attributable to the variable mileage charge. The number of service miles has decreased every year since 1988 and thus the costs, excluding bonuses, should have decreased. There is no clear explanation at this time to account for the cost overruns, and though the overruns are small it is recommended that the Transit Manager and the Contract Manager meet to discuss the issue. Implementation The Transit Manager should closely cross-check the monthly invoices against the maximum billable amount allowed in the operating agreement. The Transit Manager should be given the authority to withhold payments in excess of the maximum allowable amount even if the invoice has been received. 2. Productivity Standards and Quality Incentives Adding performance incentives as a payment for exemplary performances is a positive management technique recommended previously by Nelson\Nygaard. However, upon reviewing the productivity standards against the current performance of the system, it is clear that the targets at which incentives are paid should be re-evaluated. Mayflower earned $3,354.25 in bonuses during FY 1992/93, and is expected to earn more than that during FY 1993/94. Figure 4-3 compares the productivity standards as stated in Section 29 of the operating agreement with the historical performance of the system from 1988 • to 1992. The productivity measures went into effect on 07/01/92. As Figure 4-3 illustrates, a number of the standards outlined in the contract are set below the averages for the system for the period from 1988 to 1992. For example, the contractor receives $.05 per revenue vehicle mile for every month the contractor meets or exceeds 8.75 passengers per service hour, even though the system has historically carried 8.84 passengers per service hour. Much of the increase in passengers per service hour productivity that occurred in FY 1992/93 was directly attributable to the request from SLOCOG that Morro Bay eliminate unproductive Saturday service. This service change resulted in a minor drop in ridership and a significant cut in service hours, thus boosting productivity to 10.5 passengers per service hour. Another productivity measure in the agreement states that the contractor should exceed .60 passengers per service mile, even though the historical system average is .61. Additional bonuses . include $300 per year for every percentage point increase in ridership and $50 per month for every month that the City does not receive a substantiated service complaint. There is no cap on the amount of yearly bonuses that the operator can earn. Implementation It is recommended that the Transit Manager and the Contract Operator review the . productivity standards and revise them to reflect the current performance of the NELSONINYGAARD CONSULTING ASSOCIATES 4-4 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN system. In addition, in order to limit the City's financial exposure there should be • a cap on the maximum amount of bonuses that the contractor can earn in a year. Figure 4-3 Comparison of Performance Incentives and System Performance Indicators System Performance 1988/89-1991/92 Performance Measures Section 29 Avg # Pass/Service Hour 8.84 8.75 Vehicle Miles/Pass 1.64 1.65 Pass/Service Mile .61 .60 Average Wait Time Unknown 15 minutes or less Average Travel Time Unknown 15 minutes or less 3. Project Manager and Monthly Management Fee Morro Bay DAR is a relatively small system which operates 2-3 vehicles each service • day five days per week. A full-time (40 hours/week) Project Manager is employed by the Contractor for day to day management the system. The contractor also employs dispatchers and drivers. There is no question that Mayflower is providing a very high quality service. This is reflected in both the on -board survey results and the recent increase in ridership. However, both the Transit Manager and the Contractor need to consider whether a system of this size can afford a full-time project manager, or whether it can perform as well with a part-time manager/dispatcher. The Mayflower bid states that the Project Manager is paid a minimum of $15/hour (2,080 hours x $15 = $31,200/year). The operating agreement is structured so that Contractor can shift the Project Manager to another operation as needed. When this occurs the fixed management fee is adjusted accordingly. The records indicate that the full management fee has been billed every month since the inception of the contract. If the Project Manager's work week was reduced to 30/hours per week this would result in a gross yearly savings of $7,800. Implementation It is recommended that the Transit Manager and the Contract Operator review the current performance of the system to determine if a full time manager is needed and appropriate, for a system of this size. Reducing the hours of the Project Manager may reduce the quality of the service. The consultant recognizes that this is a trade-off that must be evaluated by the Transit Manager and the City. NELsomWYGAARD CONSULTING ASSOCIATES 4-5 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • 4.2.3 System Revenue Historically Morro Bay has allocated all of its TDA funds to transit (Dial -A -Ride and SLORTA) and bikeways. This will continue to be the case for the near future. SLOCOG and Nelson\Nygaard are currently involved in a county -wide study that is examining the contributions that each jurisdiction makes to the operation of the SLORTA system. A state-wide recession has caused TDA revenues to decrease during the past several years, while at the same time Morro Bay's contribution to the SLORTA system has increased. This has lead to a decrease in the amount of TDA funds available for the Dial -A -Ride. SLOCOG estimates that the region's TDA funds will start to increase slowly during the next 2-4 years. Even so, the amount of TDA money available for Morro Bay Dial -A -Ride is expected to be only $135,000 in FY 1994/95. It is hoped that the regional funding study will develop a method that redistributes SLORTA costs to all jurisdictions on a more equitable basis. The consultant recognizes that Morro Bay's Transit Manager has little or no control over the City's TDA allocation, or its required contribution to the SLORTA system. If a reduction occurs in the amount of money available to the Dial -A -Ride then the service plan must be adjusted accordingly. 4.2.4 Fixed Route Potential Fixed route service is not a viable option at this time. At some point a fixed route • operation becomes more cost effective than a demand response operation. Unlike a demand response system, a fixed route system provides the capability of accommodating growth in ridership without increasing the number of service hours. This helps minimize future increases in operating costs. Due to the high proportion of very young and older riders on the system, it is not anticipated that Morro Bay DAR will reach a level of ridership during the next five years where fixed route service will be more cost effective than the current demand response service. However, at almost 12 passengers per hour, it is unlikely this many more passengers can be accommodated without either adding service or reducing service quality. The system is approaching a point where it will need to increase the number of service hours in order to accommodate further increases in ridership. 4.2.5 Service Expansion Increasing service is often necessary in order to attract new riders. However, adding service hours can 'have a negative impact on a system's productivity. Ridership potential must be carefully weighed against productivity performance and operating costs. The demand for new services can be estimated by looking at what riders want and what services should be developed to accommodate future growth in the City. New services were examined for cost effectiveness and productivity performance. NELSONWYGAARD CONSULTING ASSOCIATES 4-6 JUNE, 1994 MORRo BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN . Saturday Service According to the Transit Manager, SLOCOG requested that unproductive Saturday service be eliminated in 1992. In the current on -board survey 42 respondents (over 50% of actual riders) requested that Saturday service be reinstated. Dial -A -Ride systems that have started Saturday service generally find that first year demand is approximately 25% of an average weekday. Thus Saturday service could potentially generate an additional 2,200 annual boardings for the system. Earlier Morning Service Another 22 respondents requested that service start earlier in the morning. A check of the surveys indicated that almost all of the respondents who want earlier service are students under age 14. Since many of the respondents in this group had their surveys completed by parents or school officials this response may indicate a desire to get children to school earlier. Figure 4-4 presents a comparison of trip demand for three separate months during 1993. During the first hour of service the system carried an average of 12 riders. That average increased to 20 during the second hour. The first two hours are when most of the children are going to school. Starting service a half hour earlier in the morning would provide two benefits: • It would free up capacity by redistributing early morning trips, and leveling out the AM peak • It would help maintain on -time performance. • It would make early morning CCAT connection available to more people. Starting service at 6:30am should be done on a 6 month trial basis. Adding an additional .5 vehicle service hours per day would result in an additional 127 hours per year. Holiday Service Even though 20 respondents requested holiday service, it is not recommended that it be offered at this time. Holidays typically generate very low demand for transit services. Offering service on Holidays can result in a significant increase in operating costs. Even if a premium fare is charged there will still be a significant passenger subsidy that will have to be covered by the City's general fund. Holiday service is not viewed as a cost effective way to increase ridership. NELSONWYGAARD CONSULTING ASSOCIATES 4-7 JUNE, 1994 MORRo BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • 30 25 20 15 10 5 0 Figure 4-4 Trip Demand by Hour for 1993 7-8 8-9 9-10 10-11 11.12 12-1 1-2 2-5 7-0 0.5 5-8 Feb 93 July 93 Oct 93 Premium Fares It is unusual when riders indicate that they are willing to pay more for transit service. Thus it was very surprising that 45% of the riders indicated that they would be willing to pay a premium fare for service on Saturdays and selected holidays. Fare increases often have an adverse effect on demand. However, this should not be a problem for Morro Bay since a premium fare would only be charged for services that do not currently exist. No other transit systems in the county currently charge a premium fare for Saturday service. Morro Bay's regular fares are about average for the County. For these reasons • the operating plan for Saturday service was not based upon the use of a premium fare. NELSONWYGAARD CONSULTING ASSocLATEs 4-8 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN If a premium fare is charged, then the farebox recovery ratio will be higher than • estimated. A recommended premium fare for Saturday service is $1.50. 4.2.6 Downtown Trolley Plan The City Council has approved a plan to start a weekend downtown trolley service for a four month trial period beginning June 16th, 1994. The 5 mile loop route will stretch from the City Park to the waterfront and back. A used trolley was purchased and refurbished for approximately $40,000. The money to purchase the trolley came from the parking in -lieu fund. Operating costs will be paid through a combination of fares, a one time downtown business fee, and the sale of on -board advertising. Mayflower Contract Services has agreed to operate the trolley. The City's plan is to operate the trolley during the summer of 1994 and then decide in October if it should be continued. The trolley system is really geared towards tourists and should not be considered a "public transit service" in the same context as the Dial -A -Ride. Dial -A -Ride service would have to be provided on weekends in order to maximize the travel opportunities that the trolley service provides. Though the trolley is intended primarily to serve tourists, it can also work together with the Dial -A -Ride as a downtown feeder service. An effort should be made to coordinate advertising and service between the two systems. 4.3 DESCRIPTION OF SERVICE ALTERNATIVES • This section analyzes the alternatives for improving transit service in Morro Bay. The alternatives to consider include: Alternative #1. Status Quo: Continue to operate the existing service. Vehicle service hours are added to accommodate growth. Alternative #2. Enhance Service: 2A). Same weekday service hours as Alternative #1 but adds an additional 130 hours per year for earlier morning service. This Alternative assumes that the operator can provide more service hours for little or no increase in service costs. 2B). Adds Saturday service to Alternative #2A. 4.3.1 Status Quo Alternative #1 Figure 4-5 presents the five year status quo operating scenario. Over the last four years • the cost/hour has increased at an average rate of 15% per year. The projections in NELSONWYGAARD CONSULTING ASSOCIATES 4-9 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN Figure 4-5 are made assuming that the increase in cost/hour can be held constant at • $1 per year for the next five years. L By 1999 the system will need to handle an additional 20 boardings per day. A third vehicle may be needed during the peak periods. The total cost to operate the Dial -A - Ride will be approximately $326,000. Fare revenue for that year is estimated to be $39,218 (Chapter 7) and TDA revenue for the Dial -A -Ride will be $152,386. This leaves the City to cover the balance of $134,396. It is doubtful that the City will have the financial capacity to cover its share. Thus it is likely that service hour reductions will be necessary to reduce costs. Ridership and on -time performance will suffer as a result of the cutback in hours. Figure 4-5 Alternative #1: Status Quo MORRO BAY DIAL -A -RIDE (1) Alternative #1: Status Quo Actual 92/93 Est. 93/94 Proj. 94/95 Proj. 95/96 Pro'. 96/97 Proj.97/98 Proj.98/99 SERVICE HOURS Wkday 3.525 3,446 3,709 4.013 4.350 4,727 4,873 Sat 0 0 0 0 0 0 0 Total 3.525 3,446 3.709 4,013 4,350 4,727 4,873 RIDERSHIP Wkday (3% growth starting in 94/95) 37,096 41.252 42,490 43.764 45.077 46.429 47,822 Sat 0 0 0 0 0 0 0 Total 37,096 41.252 42,490 43,764 •45.077 46,429 47.822 ANNUAL OPERATING COSTS Wkday $207,798 $213,906 $233.667 $256.832 $282.750 $311.982 $326,491 Sat $0 $0 $0 $0 $0 $0 $0 Total $207,798 $213.906 $233.667 $256,832 $282,750 $311,982 $326.491 COST PER SERVICE HOUR 2 $58.95 1 $62.07 $63.00 $64.00 $65.00 $66.00 $67.00 PRODUCTIVITY Pass/serv. hr.(Wkday) (3) 10.5 12.0 11.5 10.9 10.4 9.8 9.8 Pass/serv. hr (Sat) 0.0 0.0 0.0 0.0 0.0 Total 11.5 10.9 10.4 9.8 9.8 COST PER PASSENGER $5.60 $5.19 $5.50 $6.87 $6.27 $6.72 $8.83 PEAK VEHICLE REQUIREMENT 2 2 1 2 1 2 1 2 2 (1) E.am.a. d� m.c.r.l at. to era a mo .aF a5,w (2) A. .. "t a.Nna n F 95M M aN wa rya W aP.r.a^a mM M Al..a PN ttMr rtlor. �r.ln I,oun. (31 Pro u.OAty -III a.Pr... ri JP • NEL.soM IYGAARD CONSULTING ASSociATES 4-10 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • 4.3.2 Expansion of Service Alternative #2A The City has made it very clear that there is little or no money available in the General Fund for the expansion of local transit service. It is not expected that the City will be able to obtain additional money from either State or Federal sources. Thus any expansion in service will have to be financed primarily from the existing budget. Since 1988 Morro Bay Dial -A -Ride has experienced significant increases in its unit service costs. During this period there have been three different contract operators: Laidlaw, Medi-Ride, and Mayflower. The one constant is that the cost per service mile and cost per service hour have steadily increased over this period. The City needs to take a hard look at its current operating agreement to determine if it is indeed getting the best value for its money. As noted in Figures 4-1 and 4-2, the cost/hour to operate the Morro Bay Dial -A -Ride is much higher than similar services. The current contract expires in three years. Changing contractors every few years can be very expensive, and the present contractor is providing good service. Using some of the recommendations outlined at the beginning of this chapter the Transit Manager should work with the Contract Manager to provide more service for little or no increase in the total operating budget. Alternative #2A assumes that if operating costs can be reduced then the cost/hour will drop to approximately $47. This figure is approximately $10/hour more than any other contracted system shown in the comparison chart labeled Figure 4-1. Since Morro Bay is a smaller system than any of the others, excluding South Bay DAR, the cost per hour should be higher. This is due to a smaller number of service units over which to spread the fixed costs. Figure 4-6 presents the savings that are possible by reducing the cost/hour. Even though Alternative #2A provides more service hours than Alternative #1 the cost to operate #2A is over $50,000 less during FY 1994/95. The difference in the cost/ passenger between the two alternatives is $1.25. The difference between the two systems is even more pronounced by FY 1998/99 when #2A costs almost $70,000 less to operate than #1. NELSONINYGAARD CONSULTING ASSOCIATES 4-11 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • Figure 4-6 Alternative #2A: Add Momina Service and Reduce Costs MORRO BAY DIAL -A -RIDE (1) Alternative #2A: Reduce Costs Actual 92/93 Est. 93/94 Pro'. 94/95 Proj. 95/96 Proj. 96/97 Proj.97/98 Proj.98/99 SERVICE HOURS Wkday 3,525 3,446 3,839 4,168 4.508 4.887 5,034 Sat 0 0 0 0 0 0 0 Total 3,525 3,446 3.839 4,168 4,508 4.887 5,034 RIDERSHIP Wkday (3% growth starting In 94/95) 37,096 41,252 42,490 43,764 45,077 46.429 47,822 Sat 0 0 0 0 0 0 0 Total 37,096 41.252 42,490 43.764 45.077 46.429 47,822 ANNUAL OPERATING COSTS Wkday $207,798 $213,906 $180,433 $200,065 $220,878 $244.366 $256.731 Sat $o $0 $0 $0 so $0 S0 Total $207.798 $213,906 $180,433 $200,065 $2201878 $244,366 $256,731 COST PER SERVICE HOUR 2) $58.95 $62.07 $47.00 $48.00 $49.00 $50.00 $51.00 PRODUCTIVITY Pass/serv. hr.(Wkday) (3) 10.5 12.0 11.1 10.5 10.0 9.5 9.5 Pass/serv. hr (Sat) 0.0 0.0 0.0 0.0 .0.0 Total I 11.1 10.5 10.0 9.5 9.5 COST PER PASSENGER $5.60 S5.19 1 $4.25 1 $4.57 $4.90 1 $5.26 $5.37 PEAK VEHICLE REQUIREMENT 2 2 2 2 2 2 3 Estime4s Msmi an m W-1 Jobs br firm a moms of FY G3No A rams Net marom in FY "M IM iroreem In Its rnm W ss b hour un as mm es opemsana corn ms spree] a,rt am moms smM s hours. Sn "lots per hour le Amos S10 Per lour moms Nen at♦ h4sh m rymsm in " c rlson chsn (Figure 4-1). This gives Marra Bey a cushion am ou. of iv smell tlxs. (3) ProducSNry still tl rsmm es rbsrship Ineroosse Ahemative #2B Operating costs for Alternative #213 are presented in Figure 4-7. Alternative #2B adds Saturday service to Alternative #2A. It is projected that 2,184 new riders will use the Saturday service during the first year. Demand then increases at an annual rate of 3% for the next five years. If this recommendation is chosen then Saturday service should be implemented on a 6 month trial basis. Since one of the system goals is to improve regional connections it is suggested that service be provided from 7:30am- 6:30pm. This will allow more riders the opportunity to make connections with all of the scheduled CCAT Route 12 buses traveling to the South Bay and San Luis Obispo. In order to minimize costs, Saturday service should be done on a 24 hour advance reservation system. Dispatchers will know on Friday afternoon exactly how many vehicle hours of service will be needed on Saturday. Thus, when there are no reservations there is no service. Under Altemative #2B the projected FY 1994/95 operating costs are $204,873. The • actual costs may be lower since there may be some Saturdays when no service is provided. NELSOMNYGAARD CONSULTING ASSOCIATES 4-12 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • No dispatchers or supervisors will be needed on Saturday as each vehicle will be equipped with a cellular phone. If driver safety is an issue than a cellular "hands free" set -up can be investigated. Passengers who must cancel their ride, or change their pick- up time can call the driver direct. Cellular phones can be purchased for less than $400tvehicle. One bus will be needed during the day as ridership is expected to be approximately 4 passengers/vehicle service hour. Even with the low Saturday productivity rate, the entire system average of 10.2 will still be well above the performance standards listed in Chapter 2. 4.3.3 Recommended Altemative Given the analysis of the existing service and the results from the on -board survey, it does appear that there is some need for additional transit service in Morro Bay. However, due to some of the issues surrounding operating costs and the availability of funds it is not recommended that Saturday service be implemented at this time. Instead, Alternative 2A should be implemented with the goal of continuing the build-up in ridership and the lowering of operating costs per unit of service. Figure 4-7 Alternative #213: Add Saturday Service MORRO BAY DIAL -A -RIDE (1) ARemative #2B: Add Saturday Service Actual 92/93 Est. 93/94 Proj. 94/95 Proj. 95/96 Proj. 96/97 Proj.97/98 Pro .98/99 SERVICE HOURS Wkday 3,525 3.446 3,839 4,168 4,508 4,887 5,034 Sat 0 •0 520 520 520 520 520 Total 3,525 3.446 4,359 4.688 5,028 5,407 5,554 RIDERSHIP Wkday (3% growth starting in 94/95) 37,096 41.252 42,490 43,764 45,077 46,429 47.822 Sat (3% growth starting in 95/96) 0 0 2.184 2,250 2,317 2,387 2,458 Total 37,096 41.252 44,674 1 46,014 47,394 48,816 50,280 ANNUAL OPERATING COSTS Wkday $207.798 $213,906 $180,433 $200,065 $220.878 $244.366 $256.731 Sat $0 So $24,440 $24,960 $25.480 $26.000 $26.520 Total $207,798 $213.906 $204,873 $225,025 $246.358 $270.366 $283,251 COST PER SERVICE HOUR 2 $58.95 $62.07 $47.00 $48.00 $49.00 $50.00 $51.00 PRODUCTIVITY Pass/serv. hr.(Wkday) (3) 10.5 12.0 11.0 10.5 10.0 9.5 9.5 Pass/serv. hr (Sat) 4.2 4.3 4.5 4.6 4.7 Total 10.2 9.8 9.4 9.0 9.1 COST PER PASSENGER $5.60 $5.19 $4.59 $4.89 $5.20 $5.54 $5.83 PEAK VEHICLE REQUIREMENT 2 1 2 2 2 2 2 13 (1) E.tlrmtr. e.r,f on r0W an b am a imnitl. of"WmI, (2) A snw; M.t wmig in"astsa M. Ina..r in a».9 m, ..Mp Mar un tle .lo..a .. on.Mtlnp mp..n rr..a out ohr . M. hour.. 347 adl.n pr N.,u I. Wmtl 310 pw hour rms tlun ft hieh..l ry in 1,s tarp.dis,n dial (141). The, 91", Mono a.r. cushion G.e.ur of IM1 arll tlz.. • 0) Roaucewry - acr..r.. rklawilp Imvrr. NELSONWYGAARD CONSULTING ASSOCIATES 4-13 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • • Figure 4-8 demonstrates that under Alternative #2A the subsidy per passenger (boarding) will be reduced to $3.47. This is below the goal of $4.00 per passenger as stated in Chapter 2. The estimated FY 1993/94 farebox recovery ratio is 15%. Under Alternative #1 the projected recovery ratio for FY 1994/95 is 14.2%. Alternative #2A has a recovery ratio of just over 18%. Most dial -a -ride systems typically have recovery ratios in the range of 15-20%. The recovery ratio objective listed in Chapter 2 is 15%. Figure 4-8 Projected Subsidies and Farebox Recovery Ratio for FY 1994195 Alternatives 1 2A 2B Annual Ridership 42.490 42,490 44,674 Annual Operating Cost $233.667 $180,433 $204,873 Annual Fare Revenue $33.142 $33.142 $34.645 Annual Subsidy $200,525 $147.291 $170,028 Subsidy/Boarding $4.72 1 $3.47 $3.81 Farebox Recovery % I 14.2N 18.4% 17.0 NELsoNINYOAARD CONSULTING ASSOCIATES 4-14 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN LJ CHAPTERS: CAPITAL PLAN This section outlines a capital plan based on service alternative 2A as noted in Chapter 4. 5.1 VEHICLE PLAN The City of Morro Bay currently has a four vehicle fleet. Units 10 and 11 are the main vehicles and unit 8 is the primary back-up. All of the vehicles are lift equipped and have space for one wheelchair. Figure 5-1 Morro Bay Dial -A -Ride Current Fleet Unit # Year Make Model Capacity Odometer MB-8 (1) 1985 Dodge Wide -one 14: 1 w/c 122,770 MB-9 (2) 1985 Dodge Wide -one 14: 1 w/c 138.023 MB-10 1989 Dodge Wide -one 16: 1 w/c 110,837 MB-11 1989 Dodge Wide -one 16: 1 w/c 100,314 (1) Unit rehabilitated as a new vehicle in 1992. However, rehab was not successful and vehicle functions as a primary back-up. Vehicle should be replaced. (2) Unit has reached the end of its useful lire and should be replaced. The wheelchair lift has been out of operation for two years. With a four vehicle fleet only one vehicle is necessary as a spare. That leaves three units that can be used in daily service. In 1993 the City applied for an FTA Section 18 grant for the replacement of unit 9. The application was approved and the City is waiting for the grant contract. An application for the replacement of unit 9 is still pending. Due to escalating costs, and the requirements for accessibility and alternative fuels, it is estimated that a new 16 passenger lift equipped vehicle will cost between $50,000 and $60,000. Life expectancy for these vehicles is five years, although Morro Bay has successfully extended the period due to its aggressive maintenance program. SLOCOG has indicated that Morro Bay has approximately $255,000 in unallocated STP funds. Since Morro Bay directly controls these funds it can speed up the process of vehicle acquisition. Morro Bay should proceed with the allocation of these funds. NELSONWYGAARD CONSULTING ASSOCIATES 5-1 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN Figure 5-2 presents a vehicle replacement schedule which maintains the current fleet • size at four vehicles. Although the two newest units are also approaching the end of their useful life they can be maintained for another 1-2 years. This will allow for a more rational replacement of the fleet. It is better to spread out vehicle purchases, since this avoids having to replace most of the fleet at the same time. Figure 5-2 Vehicle Replacement Schedule Replacement Year Unit # Vehicle Model Year FY 1994/95 9 1985 FY 1995/96 8 1985 FY 1996/97 10 1989 FY 1997/98 11 1989 5.2 SIGNAGE AND SHELTERS Even though Morro Bay's transit service will continue as a dial -a -ride, there are • advantages in placing signage and passenger amenities, such as shelters and benches, at key locations. These advantages include: • The shelter becomes the designated waiting place for riders, which lets the driver avoid having to "look for" a passenger who is not in an exact location. • Shelters and benches can be very effective marketing tools, identifying the transit system as an important component in the community. • By identifying an individual as a person who is waiting for the dial -a -ride, security can be increased, especially in shopping areas, and areas where seniors congregate. The City of Morro Bay is preparing to start a downtown trolley service. It is recommended that the trolley and dial -a -ride systems work together on developing a number of joint stops. The systems could split the cost and both would benefit from the exposure. Bus shelters are expected to cost approximately $5,000 each. There is already a shelter at city park which is used by the Dial -A -Ride and CCAT. The trolley could also use that stop. Three other stops are recommended: two along the embarcadero, and one on Main Street. If the two systems split the cost evenly then each would pay $7,500. The City • wants to start trolley service on a trial basis during the summer of 1994. If the service NELSONINYGAARD CONSULTING ASSOCIATES 5-2 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN is continued into the next year then the shelters should be installed in time for the 1995 • summer tourist season. • It might be possible to have a private firm pay for the bus shelters. In San Francisco Gannett Advertising has a contract with MUNI to provide free bus shelters in exchange for the right to place advertising on the shelters. The Transit Manger is in the process of discussing this idea with Martin Brothers Promotions, which is currently working on a similar plan with several transit agencies in San Luis Obispo County. In addition, business owners are often willing to pay for transit stop improvements near their stores, as many owners realize that these stops often generate high levels of foot traffic. If a private business pays for the shelters then the cost can be subtracted from the capital plan. 5.3 CAPITAL PLAN SUMMARY Figure 5-3 summarizes the capital needs of the Morro Bay Dial -A -Ride transit system as recommended in the plan. The capital plan is subject to the availability of federal, state, and local funds. Figure 5-3 Capital Plan Summary Fiscal Year Vehicle Plan Other Capital Total 1994/95 $60,000 7,500 $67,500 1995/96 $60,000 0 $60,000 1996/97 $60,000 0 $60,000 1997/98 $60,000 $0 $60,000 1998/99 $0 $0 $0 NELSONWYGAARD CONSULTING ASSOCIATES 5-3 JUNE, l994 MORRo BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • CHAPTER 6: MARKETING PLAN 6.1 INTRODUCTION The success of any transit system depends on public acceptance and an understanding of the services being offered. The Transit Manager has put together a good, comprehensive marketing plan. Ridership is up 11% this year. This marketing section looks at ways to retain the existing riders and attract new ones. Morro Bay Dial -A -Ride currently spends 2.5% of its adjusted annual budget on advertising, which is typical for a system of this size. Currently the advertising plan includes the following: • Yellow Page ads • Radio spots on station KWSP (Mike Upton does the spots himself) • "Free -Ride Week" • Promotional information for the Harbor Festival • Weekly ads in the local newspaper 6.2 SYSTEM IMAGE All of the vehicles in the fleet share the same paint scheme and signage. The City plans to update the paint scheme when the next two vehicles are purchased and has already developed several options which are being evaluated by staff and the City Council. If the remaining two vehicles are kept for more than two years they should be repainted with the new paint scheme. This will maintain a cohesive system image. There should be uniformity between any logos used on the vehicles and in written materials. The dial -a -ride will use the same attractive logo that appears on the City's letterhead (the image includes Morro rock, the ocean, and the sun). The vehicles use the name "Morro Bay Express" but the brochure uses the name "Morro Bay Dial -A -Ride". Morro Bay Express is a good name that symbolizes fast service. It is recommended that the brochure be changed to match the name on the vehicles. 6.3 RIDER INFORMATION The most overlooked, and perhaps most important marketing tool is rider information. • A system which is confusing and misunderstood by its users will not encourage ridership NELSONWYGAARD CONSULTING ASSOCIATES 6-1 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN by those who have any other transportation alternative. Fortunately this is not the case • in Morro Bay. The Transit Manager has designed an "eye catching" brochure that conveys all of the information necessary to use the system. If additional operating funds become available then the following could be considered; In Lake County, an excellent brochure was created showing profiles of six riders, how they use the system and why. The brochure included photographs of the riders which showed senior citizens, a school aged child, a disabled rider, a commuter, a college student, and a bus driver. The pictures showed graphically that many different types of people use the transit system, while the profiles helped others to identify with the riders, assuring the reader that "people like them" do ride transit. The rider guide should continue to be distributed to the following locations: • All local public buildings, including City Hall • The library • Senior center, congregate meal sites, and other senior oriented service locations. • Transit office • Parks and Recreation facilities • Major employment locations • All public schools ' • In "take one" boxes in transit vehicles • At major grocery stores and other shopping destinations. • • Chamber of Commerce visitor and new resident packages • Campgrounds and State Parks ' With the cooperation of the school district, rider information should be distributed to all enrolled students in grades four through 12 at the beginning of each school year. In addition to the improved rider guide, the City's Public Works staff assigned to transit, as well as the management of the transit operator, should continue to act as spokespersons for the system. They should be available to meet with appropriate groups including senior centers, school groups, business groups, employers, etc., to promote public transit use. This direct advertising is essentially without cost and can be quite effective. 6.4 IDENTIFYING TARGET GROUPS Target marketing is necessary to inform specific population groups about service improvements that may better serve their needs. Typical there are two types of transit riders, those who are transit dependent and those who ride by "choice". Target groups in both categories include: • NELSONWYGAARD CONSULTING AssoctATEs 6-2 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • Regional System Commuters • Seniors and Disabled Adults • Current Dial -a -Ride users • School aged students • Lower income families • Individuals without access to private autos. The regional system, SLORTA/CCAT has just produced a new color brochure. While it does list some of the connecting services in the County it does not specifically mention Morro Bay Dial -A -Ride. The Transit Manager should approach SLORTA about including Dial -A -Ride information in the next update of the brochure. Commuters typically account for a large percentage of riders on most transit systems, including demand responsive systems. This is not the case for Morro Bay Dial -A -Ride where commuters represent a smaller than normal group. Commuters may represent an untapped market. This TDP did not look specifically at the commute market for people travelling to San Luis Obispo or other destinations. SLOCOG and SLORTA should be able to assist in estimating the number of actual and potential commuters travelling from Morro Bay to San Luis Obispo. If it is a sizable market then steps can be taken to coordinate some joint marketing activities with CCAT. 6.5 ADVERTISING • There are two components to transit advertising: 1) targeted advertising designed to make the public aware of changes in the system, and 2) promotional advertising designed to improve the public's knowledge about services offered. Morro Bay has established a good advertising program that places ads in local newspapers, and tourist brochures/magazines. The system also has radio spots at a local station. These efforts should be continued as part of the marketing effort. A direct mail campaign should be considered as part of a joint marketing activity between the new trolley service and the Dial -A -Ride. A one page flyer with a tear -out coupon for a free ride could be included in the monthly water bill that the Public Works Department mails to all residents. This direct mailing would be relatively inexpensive (less than $1,000) as there would be no expense for postage. NEI.SONWYGAARO CONSULTING ASSOCIATES 6-3 ✓UNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • CHAPTER 7: FINANCIAL PLAN 7.1 INTRODUCTION This chapter presents a five-year financial plan for Morro Bay's transit system, including the recommendations presented in the operating and capital plan chapters in this report. This plan represents the best estimate of existing funding conditions. Transit funding continues to be a very volatile issue. Eligibility requirements for funding are constantly being revised. Transit systems must continue to find ways of reducing costs and becoming more self sufficient. This chapter is intended to be used and updated regularly to reflect changes in assumptions and conditions as they become available. 7.2 PROJECTED TRANSIT SYSTEM COSTS 7.2.1 Operating Costs Two major factors influence the cost of providing transit services; the number of hours or miles of service provided and the rate per unit of service. Using Alternative 2A the projected operating costs for FY 1994/95 are $180,433. This represents a decrease of over $30,000 from the projected FY 1993/94 operating costs. This reduction can be achieved from a combination of both the recommendations outlined in Chapter 4 and from a planned reduction in the amount of City overhead allocated to the system. According to the Transit Manager the City is developing a new method to allocate the administrative costs. After 1994/95 it is expected that total operating costs will increase at an annual rate of 10-11% per year. Unit costs (Cost/Hour) will increase at 2-3% annually between FY 1994/95 and FY 1998/99. This assumption is reinforced by recent legislation, SB 3, which requires that the cost per unit of service for transit agencies not increase by more than .9 times the Consumer Price Index (CPI) for the region. Properties experiencing cost increases in excess of this amount will be ineligible to receive State Transportation Assistance (STA) funds. In reality, rate increases are subject to contract negotiations and will be an important factor when services are put out to competitive bid. Service Expansion Costs - Under Alternative #1 there will be no new service. Alternative #2A focuses on adding early morning service and reducing costs. Alternative #2B adds Saturday service to Alternative #2A. This last alternative will add just over 500 Saturday service hours per year at a cost of $20,800. Staffing - No additional staff positions are anticipated by this plan. NELSONWYGAARD CONSULTING ASSOCIATES 7-1 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN Cost Escalation - This financial plan assumes that the total operating cost per unit of • service will increase at 2-3% per year over the five year period. Costs for the base year are based on the assumption that total operating costs can be reduced. 7.2.2 Capital Costs The capital program described in Chapter 5 included a detailed program for vehicle replacement. Figure 5-3 presented the system's capital needs by plan year. A total of over $247,500 will be required over the next five years to fully fund the system's capital needs, including a rational vehicle replacement program. • 0 Capital programs depend heavily on the availability of discretionary funding sources. The rate at which capital projects are implemented depends on the availability of grant sources. While Chapter 5 presented an idealized vehicle replacement plan, it is recognized that actual replacements will be based on available funding. Figure 7-1 summarizes projected operating, maintenance, and capital cost assumptions for the transit system during the five year planning period. This figure is repeated at the end of this chapter, to show how these cost assumptions are used in the building of the financial plan. Figure 7-1 Operating Cost Estimates Fiscal Year Operating Cost Capital Cost Total Cost FY 1994/95 $180,433 $67,500 247933 FY 1995/96 $200,065 $60,000 260065 FY 1996/97 $220,878 $60,000 280878 FY 1997/98 $244,366 $60,000 304366 FY 1998/99 $256,731 $0 256731 7.3 FUNDING SOURCES The primary funding sources for transit services in Morro Bay are farebox revenues and Transportation Development Act (TDA) funds. Section 18 funds are also available on a discretionary basis, and are used primarily to fund capital needs. The following paragraphs describe common funding sources which may be applicable in Morro Bay for both capital and operating purposes. NELSONWYGAARD CONSULTING ASSOc/ATES 7-2 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • 7.3.1 Farebox Revenues Over the past five years farebox revenues have varied between $26,000 and $30,000 Total farebox revenues for Fiscal 93/94 are expected to amount to total approximately $32,000 or approximately 15% of operating costs. The fares on this system were last increased in 1991. The regular adult fare of $1.00 and senior/disabled fare is $.75. These fares are in line with the other systems in the County. Although no fare increases are recommended at this time it may be possible to charge a premium fare for the Saturday Service (if that alternative is chosen), based on the results of the on -board survey. Even though students account for a large number of daily trips there is currently no student discount. Students pay regular fares. 7.3.2 Transportation Development Act (TDA) Funding Transportation Development Act (TDA) funding is derived from state sales tax revenues. Due to the lingering recession in California TDA revenues have been declining for the past few years. TDA revenues in Fiscal Year 1994/95 however, are expected to increase slightly over the amount allocated for FY 1993/94. After FY 1994/95 TDA revenues are expected to increase at a rate of 3-5% per year. • Fiscal 1994/95 projections for TDA revenue allocation to Morro Bay, based on estimates from the San Luis Obispo Council of Governments, suggest that Morro Bay can expect to receive a total of $210,000 in revenues for transportation purposes. TDA funds are actually made up of two components, Local Transportation Funds (LTF) which are reflected in the figures, and State Transportation Assistance (STA) funds, which are apportioned to San Luis Obispo County and passed to individual jurisdictions based on a discretionary review process. In the recent past STA funds have not been an issue since there was no funding available under this program. A small amount of STA funds were available in 1992/93, and it is unclear whether there will be any money available under this program during the coming Fiscal Year. The City of Morro Bay currently spends 2% of its TDA money on bikeways and the remaining 98% on transit. Of this remaining amount approximately 60% is allocated to SLORTA, the regional operator of CCAT. Morro Bay can expect to have approximately $135,000 available for the Dial -A -Ride in FY 1994/95. TDA was intended as "transit first" funding, and can be spent on other purposes only to the extent that no additional unmet transit needs exist. Morro Bay currently uses money from its general fund to support the Dial -A -Ride. Under alternative 2A the City's contribution to the Dial -A -Ride in FY 1994/95 should be • approximately $11,000 NELSONWYGAARD CONSULTING ASSOCIATES 7-3 DUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN n LJ 7.3.3 FTA (UMTA) Section 18 Section 18 is a federally sponsored funding program for transit capital and operating costs. Section 18 funding is appropriated to Local Transportation Planning Agencies (RTPAs) based on area population. Receipt of Section 18 funding is not automatic, an application and review process is required. Once approved, Section 18 monies must be spent within three years of the year of appropriation, otherwise they expire and the funds must be returned to be used for other RTPAs in California. Morro Bay has applied for Section 18 funds and is awaiting the grant contract for one of the vehicles. One of the key determinants in granting discretionary funds is the percentage of total TDA funding which is allocated to transit. Entities which allocate 100% of their TDA funds to transit and other non -roadway purposes are much more likely to receive discretionary funds. Since the City currently allocates 100% of its TDA money to transit it stands a good chance of having the grant approved. Despite the fact that they are not certain sources, Section 18 funds should be pursued aggressively, and should be used to replace TDA funds wherever possible. 7.3.5 Private Funding Private funds can be tapped for such projects as bench and bus stop sign placement. • An "adopt a stop" program is a good source of funds from service organizations, and institutions along the fixed route. Businesses, particularly those catering to lower -income customers, have a strong self-interest in helping fund bus stop amenities. Private funding of stop amenities is especially effective in smaller urban areas, where the numbers of stops requiring benches is quite small, and where bench placement is almost always dependant on the presence of a major trip generator. One component of the downtown trolley proposal is a special business tax to pay for amenities and operations. The City should work with the business community to find the best manner of supporting both systems. • NELSONWYGAARD CONSULTING ASSOCIATES 7-4 JUNE, 1994 MORRO BAY DIAL -A -RIDE TRANSIT DEVELOPMENT PLAN • 7.3.6 Developer Fees Transit developer fees have been imposed in a number of more urban counties, along with traffic impact fees, as a means of financing the incremental cost of development. . Currently there are on -going discussions regarding the development of large regional retail centers along both sides of Highway 1 near Quintana Road. These developers should be approached about contributing to local transit as an offset to the traffic problems that are usually created by these large shopping centers. Although neither the City of Morro Bay or San Luis Obispo County currently has such a fee program in place, it is a potential source for the future. Failing an actual fee, the City could require that new developments along the route fund and maintain a passenger stop adjacent to their development. Pursuing funding of this type is recommended for the entire county, as well as Morro Bay. 7.3.7 Non Traditional Funding Sources Occasionally it is possible to get support from the business community and non-profit groups for capital funding. Some of these sources might include: • Adopt -A -Bus (individual businesses sponsor a bus) • Grants from non-profit foundations • California Transit Association (bond programs) • Transit equipment manufacturers (discounts on equipment in exchange for testing anew type of vehicle) Any revenues obtained from these sources can be used to satisfy the 20% local funding match required for FTA grants. 7.4 GENERAL FINANCIAL PLAN Figure 7-2 presents a five year financial plan for transit services in Morro Bay, based on the implementation of Alternative #2A as outlined in this report. The plan makes several key assumptions: 1. The plan assumes that 80% of capital requirements will be funded through non-TDA grant programs. This could include Section 18, Proposition 116, or other mechanisms. The plan does not define which of the discretionary sources will be used, but does assume that 80% of all needs will be covered in this way. 2. The plan assumes a farebox return rate in the range of 15-17%. NELSONINYGAARD CONSULTING ASSOCIATES 7-5 DUNE, 1994 • RESOLUTION NO. 65-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF THE PLAN OF THE CENTRAL COAST MARITIME MUSEUM ASSOCIATION TO ESTABLISH A MARITIME MUSEUM IN THE COMMUNITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Central Coast of California has a maritime history extending back to antiquity and encompassing the Native American, Spanish, Mexican, and American periods of California's history; and WHEREAS, the development of Central Coast communities was greatly dependent on the ocean commerce carried on by the vessels of many nations, including all manner of canoes, galleons, fragatas, barques, brigs, schooners, and steamers; and WHEREAS, this rich and varied maritime history must be studied, taught, and preserved as an invaluable and indispensable • component of our heritage; and WHEREAS, Morro Bay has a past and ongoing connection with the sea and with maritime industries, and is currently one of the few communities that continues to be a base for ongoing maritime activity; and WHEREAS, in 1994, the Central Coast Maritime Museum Association was organized with the objective of establishing a world -class maritime museum to preserve and perpetuate the maritime history of our area through: a) Collecting, conserving, and exhibiting all manner of nautical artifacts, documents, and memorabilia; b) Developing outreach programs to schools, cultural and historical societies, service organizations, community groups, and senior citizens to introduce and educate them in maritime history; c) Creating and maintaining a computer data base of historical information related to the maritime activities of the Central Coast, California, and the Pacific Rim; • • Resolution No. 65-95 Page Two d) Establishing and maintaining a library that, in conjunction with the data base, will become a primary research center for the study of California and Pacific Coast maritime history; e) Attracting maritime historians and scholars to research at the library, and hold symposia and conferences at the museum; f) Creating an outstanding institution that will take its place among the world's great maritime museums and become a "must place to visit" for maritime museum buffs and afficionados the world over. 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 world -class maritime museum and invites the Central Coast Maritime Museum Association to consider a suitable site within the limits of the City; and • 2. Requests all private and governmental granting agencies to consider the Central Coast Maritime Museum Association worthy of their support; and 3. Requests all businesses, institutions, landowners, service organizations, societies and community groups of all types, and residents to recognize the value of a maritime museum to the cultural and commercial life of the community, and to support the Central Coast Maritime Museum Association in whatever manner they are able. PASSED AND ADOPTED by the City Council of Bay at a regular meeting thereof held on the 1995 on the following vote: AYES: Anderson, Crotzer, Unger NOES: None ABSENT: Novak, Yates ATTEST: City Clerk the City of Morro 12th day of June, 0 CITY COUNCIL RESOLUTION NO. 63-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ADOPTING THE FISCAL YEAR 1995-96 MASTER FEE SCHEDULE WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of providing those services; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from user fees and user charges 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 fees are in all cases no more than the actual costs of providing the related services; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for annual review of the Master Fee Schedule by the City Council and for the adoption of such fees by City Council Resolution; • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fiscal Year 1995-96 Master Fee Schedule is adopted and will be effective July 1, 1995 and thereafter unless amended. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th day of June, 1995, by the following vote to wit: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None BRIDGE BAUER, City Clerk a • 0 w M� O A w CIA � � w O w CA CA U 0 Q4q $ 6 � �a) Mom$ O@$§ O 70 L\a Obtm � MLA 5b- U 9 �§ »/§ \ 7 C; wo= & m &§ q\� \ { oo CNoc o ;\ * \ � \ k �k /®% § /d /I� � / \ { \§ / ca §j b ;$) Q — L § g ol L am Ln 5 \/\ O �$ 3z \ >LU _�pr k/f LL>< Q a t g \ \ C.)O Q%�k >Ln� 2 = \ ctl k § § //f\k u G f § \ \ 5©'°§ 2 / § ) �-e © / 0 0 � met £ £ A2$k© a § § s m �rn 0 L � � O � �LL> � L U N W U 00 h N M M O O � N N M M M M w a 0 ON 06 N O 0 N O V O M O N O O �c o C .w «b"+ U a 0 cd o U o cii o U b O U ❑ q 0 w 3 R F w o .� C U O w cz N G U >O A Z� Lw I 0 6 R$ O �$ L \ O L-4mJ > 4-)/ q LU � V � 2 f E & @ @ A 6 g e Q 6 \� k * # j § j \ / ci u d 0 / \ § / ) § u \ \ / k / t 3 ) \\ j a u ( \ ( u 0 m » u © _ ± §a2 } L() \ _ 7 \ d / C4 / / £ij AIF ƒ e y U d 0 w N M O O O S�Ov�iN O v O W) N O y U 7 O C C c ea O 'CI S O v O W) O O N C1 7 b0 [ 0 a U N U / Lz 8 W 0) Q N p m O a)LU U •- C .d 3 d cl c 0€ 3 � �' y •cam'. � T .[ ¢ v LL. > c. 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Y =° a� o �> w u: o0 00 0 00 00 ,ri O O C � c%wLnkn 00 O �r- 4o 0 N a� S. w � C ¢¢ ¢¢ a 0 M 0 C 00 eN fq N N G4 W LA -00-) W , In z WW L U � 0 —I a w E4 LL > z w IIAII� L' — 2 U cd :-1 w m a F" W � U a� x •— a�i 3 U a. 4 �b 64 c vo • RESOLUTION NO. 62-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT 7 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Assembly Constitutional Amendment 7 (ACA 7) applies to any new program, higher level of service, or increased cost placed on a local government by the state legislature or any state agency; and WHEREAS, under Part I, all new laws or regulations would be evaluated by the Commission on State mandates. If they determine that the law or regulation imposes a mandate, then they will determine if sufficient funds have been appropriated by the legislature to pay local government for the costs; and WHEREAS, if sufficient funds have not been provided, then the law will not take effect; and WHEREAS, Part II of ACA 7 applies to all local governments except school entities; and WHEREAS, if the mandate is not being sufficiently funded, then the Commission will notify the legislature of this deficiency, and the Legislature will have until the next fiscal year to provide the adequate funding; and WHEREAS, if adequate funding is not provided at that point, then the mandate will become suspended and compliance will be voluntary; and WHEREAS, additionally, as a safeguard, any determination by the Commission that something is, or is not a mandate, may be changed by a 2/3 vote of each house of the legislature. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, supports the passage of Assembly Constitutional Amendment 7. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of May, 1995 on the following vote: AYES: Anderson, NOES: None ABSENT: None • ATTEST: Crotzer, Novak, Unger, Yates p1AAlf� BRIDGET BAUER, ity Clerk r WILLIAM YATES, • • 0 City of Morro Bay RESOLUTION 61-95 A Resolution of the City Council of the City of Morro Bay Authorizing the Mayor to Execute a Grant in the Amount of $5,000 Provided Under The Cooperative Forestry Assistance Act of 1978 The City Council City of Morro Bay, California BE IT RESOLVED, that the City Council of the City of Morro Bay, State of California, in regular session, assembled on May 22, 1995, authorizes and directs the Mayor to execute on behalf of the Morro Bay Fire Department, San Luis Obispo County, between said department and State of California Department of Forestry and Fire Protection for a grant in the amount of $5,000.00 provided under the Cooperative Forestry Assistance Act of 1978 (PL 95-313). PASSED AND ADOPTED by the City of Morro Bay City Council at a regular meeting thereof held on the 22nd day of May, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT BAUER, Cit Jerk 6 lI CITY COUNCIL RESOLUTION NO. 60-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AGREEING THAT THE ALTERNATIVE METHOD OF DISTRIBUTION OF PROPERTY TAX LEVIES AND ASSESSMENTS BE APPLICABLE TO TAX LEVIES MADE BY THE COUNTY OF SAN LUIS OBISPO ON BEHALF OF THE CITY OF MORRO BAY WHEREAS, in 1993, the County of San Luis Obispo made the election provided in Chapter 3 (commencing with Section 4701) of Part 8 of Division 1 of the Revenue and Taxation Code, which authorizes an alternative method for the distribution of property tax levies and assessments on the secured roll for the fiscal year 1993-94 and fiscal years thereafter, as well as for delinquencies for prior fiscal years; and WHEREAS, the County is prohibited from using such alternative method for any public district for which the County treasury is not the legal depository unless such district agrees thereto by resolution of the public district's governing body adopted not later than July 15, 1995; and WHEREAS, the City Council of the City of Morro Bay desires to have the provisions of said alternative method made applicable to distributions made to the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay hereby agrees that said alternative method of distribution of property tax levies and assessments adopted by the County of San Luis Obispo shall be applicable to the City of Morro Bay. BE IT FURTHER RESOLVED, that the Clerk of the City Council is hereby directed to transmit a copy of this resolution to the Auditor -Controller of the County of San Luis Obispo forthwith. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of May, 1995, by the following vote to wit: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger, Yates None None • cwirswnc`uxau,smrso.ac.m RESOLUTION NO. 59-95 RESOLUTION RATIFYING A FISCAL YEAR 1995-96 FUNDING FORMULA FOR THE SAN 16 LUIS OBISPO REGIONAL TRANSIT AUTHORITY APPROVAL BY THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, annual funding for the San Luis Obispo Regional Transit Authority (SLORTA) is determined through a funding formula for the eight public agency members of the San Luis Obispo Council of Governments (SLOCOG); and WHEREAS, a proposed funding formula for SLORTA operations for Fiscal Year 1995-96 was considered and approved by SLOCOG and referred to its member agencies for ratification; and WHEREAS, this proposal funding formula delineated in Column 4 of Attachment A of correspondence by SLOCOG to the City of Morro Bay dated April 10, 1995, provides for a pro rata cost share for the City in the amount of $53,784; and WHEREAS, it has been determined that this proposed funding formula is reasonable and therefore appropriate for ratification. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fiscal Wear 1995-96 SLORTA funding formula approved by SLOCOG is hereby ratified; and BE IT FURTHER RESOLVED funds in the maximum amount of $53,784 are hereby obligated in the City's fiscal year 1995-96 Transportation Division Budget for this purpose. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of May 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Anderson, Crotzer, Novak, Unger, Yates None None None BRIDGETT UER, City Clerk WTB/LC:5:59.95 0 RESOLUTION NO. 58-95 A RESOLUTION APPROVING 1995 TROLLEY TRIAL PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, on April 10, 1995, the City Council approved a seven day per week operation of the 1995 Morro Bay Trolley Trial Program contingent upon acquisition of adequate financial sponsorships; and WHEREAS, as of May 12, 1995, financial sponsorships have been identified adequate to fund seven day per week operation of said trolley trial program from May 27 through August 6, 1995; and WHEREAS, the Morro Bay Chamber of Commerce is actively seeking sponsorships to fund the remainder of said trolley trial program; and WHEREAS, time is of the essence to initiate said Trial Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the seven day per week operation of the 1995 Morro Bay Trolley Trial Program, as delineated in Option B approved on April 10, 1995 is hereby authorized and directed to commence on May 27, 1995. BE IT FURTHER RESOLVED should sponsorships of adequate levels to fund the full duration of said gram, as contemplated, not he secured by July 11, 1995, said program shall be returned to the City Council at its July 24, 1995, meeting for further consideration and action. BE IT FURTHER RESOLVED should sponsorships be secured adequate to fund the full duration of said program prior to said City Council meeting, said program shall automatically continue for its full scheduled duration. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of May 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGE BAUER, City Clerk •.*;:5:58.95 RESOLUTION NO. 57-95 RESOLUTION AMENDING THE MASTER FEE SCHEDULE INCREASING WATER RATES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City wishes to continue to provide an adequate and reliable potable water supply; and WHEREAS, to that end the City has approved participating in the State Water Project, construction of a desalination facility, and certain improvement projects necessary to treat, store and deliver potable water; and WHEREAS, the existing water rate schedule delineated in the Master Fee Schedule does not provide for revenues adequate to meet identified needs for fiscal year 1995-96; and WHEREAS, it is therefore appropriate and necessary to increase water rates effective July 1, 1995; and WHEREAS, it has been deemed appropriate to provide for said increase through a uniform percentage increase to the water rate structure delineated in the Fiscal Year 1994-95 Master Fee Schedule; and WHEREAS, it has been further determined appropriate to revise the minimum monthly charge for potable water. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Master We schedule is hereby amended to reflect a uniform increase in water rates of 37% above those rates established in Resolution No. 56-94. BE IT FURTHER RESOLVED the minimum monthly water pilling rate shall be at that rate established for three billing units, irrespective of metered consumption of lesser amounts. PASSED AND ADOPTED by the City Council of the City of Morro Bay at an adjourned regular meeting thereof held on the 25th day of May 1995 by the following vote: AYES: Anderson, Unger, Yates NOES: Crotzer, Novak ABSENT: None ABSTAIN: None ATTEST: BRIDGE BAUER, City Clerk LC:5:57-95A Resolution No. 56 - 95 A Resolution Approving City Attorney Legal Services Agreement and Authorizing Mayor to Sign Agreement THE CITY COUNCIL CITY OF MORRO BAY. CALIFORNIA WHEREAS the terms for renewal of the City Attorneys contract have been negotiated and agreed upon; and WHEREAS the Legal Services Agreement presented to the City by the City Attorney is consistent with the terms agreed upon by the City Council; and WHEREAS it is in the best interest of the City of Morro Bay for the City Council to renew the contract for legal services agreement and the contract is fair and equitable in the estimation of the City Council; NOW THEREFORE BE IT RESOLVED by the City Council of the City Of Morro Bay does hereby approve the "City Attorney Legal Services Agreement' attached hereto as Exhibit "A" and hereby incorporated by reference, and authorizes the • Mayor to execute the agreement on behalf of the City. Passed and Adopted by the City Council of The City of Morro Bay at its regular meeting held on the eighth day of May, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: By: • Bridgett Baue , ity C erk aty0795.res • "CITY ATTORNEY" LEGAL SERVICES AGREEMENT This Agreement made between HUNT & ASSOCIATES ("Law Firm") and THE CITY of MORRO BAY ("City"), sets forth the terms and conditions under which Law Firm agrees to provide certain legal services to City and is intended to meet and fulfill the requirement for a written fee contract under California law. This Agreement will not take affect, and Law Firm will have no obligation to provide legal services, until and unless (1) City returns a signed copy of this Agreement, and (2) Law Firm confirms in writing to City the absence of any conflict or representation of any adverse interest within the meaning and intent of Rule 3-310 of the California Rules of Professional Conduct. SCOPE OF SERVICES LEGAL SERVICES. City retains Law Firm to advise, counsel, and represent it as its City Attorney providing (1) routine advice and counsel to the City Council and Staff; and (2) litigation services to City as expressly authorized. These two general categories of services shall include, and be defined as, the following: (1) Routine advice and counsel: -- provide routine legal advice, consultation, and opinions to the City Council and Staff; -- assist in the preparation and review of ordinances, agreements, contracts and related documents; • -- attend regular City Council meetings and other meetings as may be considered necessary; -- maintain regularly scheduled office hours in City Hall or an agreed upon location as arranged; monitor existing and pending legislation and case law which may effect City; - monitor and from time to time report on litigation in which City is a party or otherwise interested; and (2) Litigation Services: -- represent the City in active litigation as expressly authorized by the City under the terms of this agreement. "Active litigation" is defined as those matters in which a lawsuit has been filed against City, City authorizes litigation to be filed for the purpose of seeking affirmative relief, or City requires representation before a duly constituted administrative agency or governmental body outside of the City of Morro Bay. These services shall be referred to as "Legal Services." ATTENDANCE AT MEETINGS. Unless excused by the Mayor or a majority of the City Council sitting in a duly noticed public meeting, Law Firm shall attend all regular, adjourned regular, and special meetings of the City Council. Law Firm shall also attend all special meetings of the City Council as requested by the City Council or its designated representative. SERVICES SUsJEcr To SEPARATE AGREEMENT. All services listed above shall be subject to the terms of this agreement. It is agreed, however, Law Firm will not undertake representation of the City in any active litigation without first receiving authorization to do so. The authorization shall include a confirmation of the Hourly Rates for Legal Personnel to be �., � Page 1 of 6 City of Morro Bay Legal Services Agreement July, 1995 charged by Law Firm. The litigation which Law Firm is authorized to represent the City under the terms of this agreement shall be confirmed in writing. PRESENT REPRESENTATION ACKNOWLEDGED. Law Firm is presently counsel of record • in certain litigation on behalf of City. All actions in which Law Firm is currently counsel of record on behalf of City shall be subject to this agreement and all past agreements are hereby superseded. RESPONSIBILITIES OF LAw FIRM AND CITY RESPONSIBILITIES OF LAw FIRM. Law Firm will perform the Legal Services called for under this agreement, keep City informed of progress and developments, and respond promptly to City's inquiries and communications. City is retaining a law firm, not any particular attorney, and the Legal Services to be provided will not necessarily be performed by any particular attorney, but it is anticipated that the services will be personally supervised by David R. Hunt, a partner of Law Firm, and David R. Hunt, Esq. will be designated the "City Attorney". RESPONSIBILITIES OF CITY. City will be truthful and cooperative with Law Firm, keep Law Firm informed of developments, and timely make any payments required by this Agreement. LEGAL FEES AND BILLING PRACTICES CATEGORIES OF COMPENSATION BASED UPON NATURE OF REPRESENTATION. Compensation of Law Firm shall be based upon the nature of the services rendered. (1) ROUTINE LEGAL ADVICE, CONSULTATION, AND OPINIONS: Services meeting the • description of this category as described and defined supra shall be compensated as follows. BASE COMPENSATION. City agrees to pay Law Firm as and for attorneys' fees for Legal Services, as defined supra, the sum of six thousand and three hundred dollars ($6,300) per month, payable in advance on or before the first day of each month. In consideration for this monthly compensation, Law Firm will provide up to sixty (60) hours of billed attorney time. ADDITIONAL SERVICES. City will compensate law Firm for providing routine legal advice, consultation, and opinions, as defined supra, in addition to the sixty (60) hours provided above, at the rates of the legal personnel rendering the services as indicated on the rate schedule attached, except that additional services beyond the sixty (60) hours per month herein authorized, shall not be performed and there shall be no payment for service beyond the base compensation, unless such additional services are first requested by City's designated representative, or by two members of the presently sitting City Council. (2) LITIGATION SERVICES. Services meeting the description of this category as described and defined supra shall be compensated without respect to the BASE COMPENSATION defined and discussed above. The rate of compensation for litigation services shall depend on the nature of the litigation and whether City is entitled to a Multiple File Discount as discussed below. �, Page 2 of 6 City of Morro Bay Legal Services Agreement • July, 1995 CASUALTY/JPA MATPERs. Services of law Firm in litigation matters which are • "casualty" in nature and are of the type generally handled under City's risk management and insurance program through the Central Coast Cities Joint Powers Authority shall be compensated by City at the rates at the then current rate Law Firm charges for all JPA casualty defense work, but in no event can the rates be higher than the multiple file discount specialty litigation rates. SPECIALTY LITIGATION MATTERS. Services of Law Firm in litigation matters which are "public entity specialty litigation" in nature shall be compensated by City at the rates of the legal personnel rendering the services as indicated on the Public Entity Specialty Litigation hate Schedule attached. Such matters are defined as all other litigation matters not meeting the description of "Casualty/JPA" matters set forth above. MULTIPLE MAMR DlscouNT. Preferred rates shall be given City by Law Firm in public entity specialty litigation matters when City qualifies for a "Multiple Matter Discount." When the discount is applicable services of Law Firm shall be compensated by City at the rates of the legal personnel rendering the services as indicated in the "Multiple Matter Discount" column of the Public Entity Specialty Litigation Rate Schedule attached. A "matter" is defined based upon an actual controversy between the same parties. For example, the Cavucos litigation was considered to be one "matter" since it involved one controversy, the desalination plant, between the same parties. The term "multiple" is defined as 3 municipal law specialty litigation matters or 5 litigation matters total, without reference to whether any of the 5 litigation matters are Casualty/JPA or Specialty matters. (3) GENERAL PROVISIONS REGARDING LEGAL FEES AND BILLING PRACTICES. • CHARGEABLE TIME. Law Firm will charge for all activities undertaken in providing Legal Services to City under this Agreement, including, but not limited to, telephone calls relating to City's matters, attendance at meetings, communications with the City Council and Staff, correspondence, review and drafting papers, court and administrative agency appearances, drafting of litigation documents and briefs, trial, and legal research. Time will be charged for any particular activity in minimum increments of one -tenth (1 / 10) of an hour. Travel time to regular and adjourned regular meetings of the City Council, any regularly scheduled staff meeting, and once a week to City Hall, or other location, to maintain regularly scheduled office hours will not be charged to City. Other travel time necessary and incident to performance of Legal Services shall be charged to City. Cows. Law Firm will, in addition to its base fees, incur various costs and expenses in performing Legal Services under this Agreement. City agrees to pay all such costs and expenses in addition to the base compensation and fees for extra services, if any. Costs and expenses commonly include court filing fees, photocopying and other reproduction costs, facsimile charges, long distance telephone charges, investigation costs, notaries and certification expense, and travel expenses. All costs and expenses will be charged at Law Firm's actual cost, or in the case of in -office services, at an approximation of Law Firm's actual cost. Law Firm will obtain City's prior consent before incurring any cost item in excess of two hundred fifty dollars ($250.00). Law Firm is not obligated to pay or advance any costs or expenses, and may, at its sole option, (1) require City to advance payment for the cost item(s), (2) arrange to have the cost billed directly to City, or (3) advance the cost on behalf of City and seek reimbursement from City. .: Page 3 of 6 City of Morro Bay Legal Services Agreement July, 1995 INITIAL DEPOSrr FOR FEES. law Firm waives initial deposit of fees. PERIODIC BILLING. law Firm will send City periodic statements, not more • frequently than monthly, indicating attorney fees and costs incurred, any amounts applied from deposits, any current balance owed, a reasonably detailed description of services performed, and any costs and expenses for which Law Firm is entitled to reimbursement. City agrees to pay the balance within fifteen (15) days of billing. City agrees to pay Law Firm interest at the rate of twelve percent (12%) per year, compounded monthly, for all unpaid balances which are overdue under this Agreement. Law Firm shall also provide City, if requested by City's authorized representative, weekly summaries of the total amount of fees and costs incurred to date in any given month. City acknowledges that Law Firm has made no promises about the total amount of attorneys' fees or costs to be incurred by City under this Agreement. TERM, DISCHARGE & WITHDRAWAL TERM. The term for the performance of the services by Law Firm as City Attorney will commence upon execution of this Agreement and be effective as of July 1, 1995. The initial term of the Agreement for these services shall be for two years from the date of commencement. Thereafter the Agreement shall be automatically renewed every two years, for a term of two years, unless either party gives written notice to the other of its intent to renegotiate the terms of the Agreement. Such notice must be given not more than four months nor less than three months before the end of the pending term. DISCHARGE AND WITHDRAWAL. The provisions governing the term of this agreement notwithstanding, either party may terminate this agreement by giving the other at least one hundred and twenty (120) days written notice of its intent to do so. Both parties shall • remain obligated under the provisions of this agreement to act in good faith and to perform its duties to the other under the terms of this agreement throughout the notice period. City may pay Law Firm a total of four (4) months Base Compensation as defined under this agreement in lieu of notice. RETURN of FILE AND CLIENT PROPERTY. After Law Firm's services conclude, Law Firm will, upon City's request in writing, deliver City's file(s) to City, along with any property of City in Law Firm's possession. City's file(s) and property include correspondence, transcripts, legal documents, exhibits, physical evidence, and other items reasonably necessary to City's business and to its continued and future representation, whether City has paid for them or not. City's files) and property do not include attorney work product (e.g. drafts, research, office memoranda) unless the absence of such items would be likely to prejudice or injure City or its continued representation. OTHER PROVISIONS COM=R Equ1PMENT. Law Firm is committed to the ethic of close communication with its clients. In an effort to facilitate that communication and to take optimal advantage of current technology, Law Firm shall provide City with a personal computer which is programmed consistently with Law Firm's computer system and is connected to Law Firm's network through modem. Law Firm shall provide all necessary computer hardware and software to City for the life of this agreement. It shall be City's ' Page 4 of 6 City of Morro Bay Legal Services Agreement • July, 1995 • obligation to provide and maintain the necessary dedicated telephone line at its own expense. The hardware and software shall be returned to Law Firm upon the termination of this agreement. ASSIGNMENT. This Agreement cannot be assigned by either parry for any reason whatsoever without the consent in writing of the other party. DlsrurE REsOUTrION. If any dispute arises between Law Firm and City on any matter, including, not limited to, the scope of services, the discharge of the respective responsibilities of Law Firm and City, or the quality of any services rendered, the parties agree to confer and attempt to resolve the matter informally. If they cannot agree, the parties agree that they will refer the dispute to mediation to the fullest extent permitted by law. The parties are aware that mediation is a voluntary process and pledge to cooperate fully and fairly with the mediator in an attempt to reach a mutually satisfactory compromise of any dispute. The mediator shall be picked by mutual agreement of the parties and mediation shall commence within thirty (30) days of either parry's written request to the other for mediation. Any decision reached by mediation shall be reduced to writing, signed by the parties, and will be binding on them. Said requirement to attempt to mediate is an effort to protect, preserve, and respect the requisites of a productive attorney -client relationship but shall be without prejudice to either party pursuing its other lawful remedies, including arbitration, civil litigation, and/or disciplinary proceedings before the State Bar of California if mediation is not successful.. INSURANCE DiscLosuxE. Law Firm represents and discloses to City that it maintains professional liability insurance, including errors and omissions coverage, in excess • of one hundred thousand dollars ($100,000.00) per occurrence and three hundred thousand dollars ($300,000.00) per policy term. NATURE or EMrl.OYMENT. Law Firm is employed as an independent contractor. Its employment is on a part time basis. Law Firm is responsible for providing and maintaining its own staff, facilities, resources, and benefits. It is Law Firm's sole responsibility to assure City Law Firm's attorneys and staff are adequately trained and City shall have no obligation to pay for training of Law Firm or its attorneys or providing them with professional resources or materials. law Firm shall stand ready, willing, and able to perform duties for City pursuant to this agreement as called upon by the City Council or City's designated representative. It is understood, however, that Law Firm is otherwise free to engage in the private practice of law so long as its practice does not put in conflict with City. RESTRICTIONS ON FUTURE REPRESENTATION. In addition to the proscriptions regarding conflict of interest imposed on Law Firm by the Business and Professions Code and by the California Rules of Professional Conduct, particularly California Rule 3-310(d), Law Firm represents that no member of Law Firm shall appear before any board, commission, committee, or agency of City in for a period of six months from the date of termination of Law Firm's employment as interim City Attorney for the purposes of representing any other client of Law Firm's before such City board, commission, committee, or agency. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties regarding their rights and obligations hereunder. Any alleged oral representations or modifications concerning this Agreement and the subjects thereof shall have no force or effect unless reduced to a writing signed by both parties. Page 5 of 6 City of Morro Bay Legal Services Agreement July, 1995 AMENDMENT. This Agreement may be amended only in writing signed by both parties. • NoTICES. Notices regarding this Agreement shall be given to the parties at the following addresses: City: City of Morro Bay City Hall 595 Harbor Street Morro Bay, California 93442 Law Firm: 738 Higuera Street, Suite "H" San Luis Obispo, California 93401 CITY DESIGNATED REPRESENTATIVE. City designates its City Administrator as its representative under this agreement. The designated representative is authorized to review services and statements of law Firm, and to authorize additional services. EFFE= DATE. When the original Agreement, having been executed by both parties, is returned to and received by Law Firm. Executed this _ day of May, 1995, in San Luis Obispo County, California. HUNT & ASSOCIATES CITY OF MORRO BAY BY B David R. Hunt O'Cnr: I H&A I cda 1 cmb0795.1sa A \ 1 Y Wilfigiiyates, May T T E S T : ByL, Bridgett 6uer, City Clerk Page 6 of 6 City of Morro Bay Legal Services Agreement • July, 1995 RATE SCHEDULE PUBLIC ENTITY CONSULTATION HOURLY RA7Ys FOR LEGAL PERsoNNEL: iWK • •we :. ro Mr. Hunt $ 125.00 / hr Senior Associate 115.00 / hr Associate 105.00 / hr Law Clerk/Paralegal 65.00 / hr Standard Chamcs: Law Firm charges for its time in minimum units of 0.10 hours and line item bills all activities. Costs and Expenses: Costs and expenses in excess of $250.00 will only be incurred after having obtained express authority. Costs and expenses will either be billed directly to the client • or advanced by Law firm and billed for reimbursement, depending on the nature of the expense. Expenses incurred on matters for outside services will be directly billed to the client for payment. These expenses, except in exceptional circumstances, shall not be advanced by Law Firm. Examples of such expenses include deposition costs and expert consultant fees. Other costs and expenses will be advanced and billed for reimbursement. They will be billed at the actual cost incurred or, if the actual cost is not documented, at an estimate of actual cost to the firm. Examples of costs billed at actual expense include long distance phone, travel, meals, out -of -office photocopying, filling fees, arbitration fees and costs, and express delivery fees when incurred due to client's need and direction, but not if necessary due to law Firm's action. include: In office services are charged at an approximation of Law Firm's actual cost In -office photocopying: $ 0.20/page Mileage: $ 0.29/mile Facsimile $ 1.00/page Computerized Research $ Actual Cost Document Coding/Scanning $ 35.00/hour No separate expense is charged for word processing or clerical staff time. A &. 0 b n O'CnrAh&aVorms\cda\ pecn0795.n RATE SCHEDULE PUBLIC ENTITY SPECIALITY LITIGATION HOURLY RATES FOR LEGAL PERSONNEL: PERSONNEL STANDARD RATE MuLnPLE MATTERS Mr. Hunt $ 150.00 / hr $ 125.00 / hr Senior Associate 125.00 / hr 115.00 / hr Associate 115.00 / hr 105.00 / hr Law Clerk/Paralegal 65.00 / hr 65.00 / hr Standard Charges: law Firm charges for its time in minimum units of 0.10 hours and line item bills all activities. Costs and Expenses: Costs and expenses in excess of $250.00 will only be incurred after having obtained express authority. Costs and expenses will either be billed directly to the client or advanced by law firm and billed for reimbursement, depending on the nature of the expense. Expenses incurred on matters for outside services will be directly billed to the client for payment. These expenses, except in exceptional circumstances, shall not be advanced by Law Firm. Examples of such expenses include deposition costs and expert consultant fees. Other costs and expenses will be advanced and billed for reimbursement. They will be billed at the actual cost incurred or, if the actual cost is not documented, at an estimate of actual cost to the firm. Examples of costs billed at actual expense include long distance phone, travel, meals, out -of -office photocopying, filling fees, arbitration fees and costs, and express delivery fees when incurred due to client's need and direction, but not if necessary due to law Firm's action. include: In office services are charged at an approximation of law Firm's actual cost In -office photocopying: $ 0.20/page Mileage: $ 0.29/mile Facsimile $ 1.00/page Computerized Research $- Actual Cost Document Coding/Scanning $ 35.00/hour No separate expense is charged for word processing or clerical staff time. O'Cnr: \h&a\tonns\cda\spIt0795.rs • • RESOLUTION NO. 55-95 RESOLUTION URGING MEMBERS OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY TO JOIN THE CITY IN PURSUIT OF A TOTAL RECYCLING CONCEPT THE CITY COUNCIL City of Morro Bay, California WHEREAS, AB939 mandates minimum rates of solid waste diversion from landfills; and WHEREAS, the City of Morro Bay has caused the preparation and approval of a Source Reduction and Recycling Element (SRRE) in accordance with AB939; and WHEREAS, the Integrated Waste Management Authority (IWMA) was formed to provide for regional cooperation and participation in programs and facilities needed to accomplish the goals SRREs on a county wide basis; and WHEREAS, the City of Morro Bay is a member of the IWMA; and WHEREAS, a Regional Materials Recovery Facility is identified in the SRRE as necessary to meet AB939 diversion rates; and • WHEREAS, the City is interested in pursuing such a facility in conjunction with the participation of the California Mans Colony and Prison Industry Authority, wherein virtually the entire waste stream can be recovered via recycling and composting, said facility being a primary component of a Total Recycling Concept; and WHEREAS, such a program has clear regional benefit and importance; and WHEREAS, prior to the City unilaterally pursuing such a program it is appropriate to urge the other IWMA members to also participate; and WHEREAS, the Cities desire to achieve diversion goals above and beyond those mandated by AB939 is such that time is of the essence; and WHEREAS, the IWMA has expressed interest in assessing such a program. NOW, THEREFORE, BE IT RESOLVED by the City of Morro Bay, California that the IWMA is hereby urged to participate in an assessment and implementation of a regional material recovery facility in conjunction with the California Mens Colony and the Prison Industry Authority; and BE IT FURTHER RESOLVED the City of Morro Bay hereby commits its efforts, via • its designated representative to the IWMA, to participate in said assessment and implementation to provide for the most cost-effective and highest rate of diversion at the earliest time practicable. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 8th day of May, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: • BRIDGETT AUER, City Clerk drupt1:rcycncpt • RESOLUTION NO. 52-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DIRECTING THE PREPARATION OF AN ENGINEERfS REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR BAYSHORE BLUFFS PARR T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City formed the Bayshore Bluffs Park Maintenance Assessment District in July, 1990 for the express purpose of maintaining Bayshore Bluffs Park; and, WHEREAS, the City is required by the State Landscaping and Lighting Act of 1972, to annually complete a protest hearing on the levy of assessment for the Bayshore Bluffs Park Maintenance Assessment District; and, WHEREAS, as part of this annual process, the City is required to approve a report detailing the expenses projected for the Assessment District, prepared by the Engineer of the District. NOW, THEREFORE, BE IT RESOLVED, the Recreation and Parks Director is declared to be the Engineer of the Bayshore Bluffs Park Maintenance Assessment District and is further directed to prepare a report detailing expenses projected to maintain Bayshore • Bluffs Park for the 1995-96 Fiscal Year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 24th day of April, 1995 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGET BAUER CITY CL R 0 u/u/admi n/res52-95 . RESOLUTION NO. 51-95 RESOLUTION AUTHORIZING THE REMOVAL OF PARKING RESTRICTIONS ON MONTEREY AVENUE BETWEEN MORRO BAY BOULEVARD AND PACIFIC STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Vehicle Code and Chapter 10.36 of the Morro Bay Municipal Code, authorizes designation of parking restrictions on any street within the jurisdiction of the City of Mono Bay; and WHEREAS, it has been deemed appropriate to remove the two-hour parking restriction on Monterey Avenue between Mono Bay Boulevard and Pacific Street. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the existing two-hour parking restriction be removed and that parking on Monterey Avenue between Pacific Street and Morro Bay Boulevard not be subject to parking restrictions as defined by Section 10.36.050 of the Mono Bay Municipal Code; and BE IT FURTHER RESOLVED, that the Public Works Department be authorized and directed to remove the signs designating the existing parking restrictions. PASSED AND ADOPTED by the City Council of the City of Mono Bay at a regular meeting held held on the 24th day of April, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGE BAUER City Clerk U • RESOLUTION NO. 50-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF THE CENTRAL COAST REGIONAL TECHNOLOGY ALLIANCE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, commercial space programs at Vandenberg Air Force Base are certain to be a welcome major economic stimulus to the area; and WHEREAS, the Central Coast Regional Technology Alliance (CCRTA), a non-profit association representing San Luis Obispo and Santa Barbara counties, will assist companies in the region to apply for and obtain state and federal grant funds for commercial space and other programs; and WHEREAS, Regional Technology Alliances are presently operating in the regions of San Francisco, Los Angeles and San Diego; and alliances under consideration with the CCRTA are the • regions of Sacramento, Central Valley, and the counties of San Bernardino, Riverside, and Imperial; and WHEREAS, the CCRTA will develop programs and activities for each area in the region to create and retain jobs; create new businesses; develop new commercial or dual -use products; establish industry partnerships and consortia; demonstrate productivity enhancements within key regional industries in such areas as return on investment, reduced cost, employee training, and equipment upgrades; establish public and private partnerships; commit industry support, participation, and capital; leverage state, federal, and private sector funds; allow participation of small business and minority, women- and disabled veteran -owned businesses; and provide work force training; and WHEREAS, the CCRTA would not be limited to commercial space programs; other programs involving manufacturing, agriculture, tourism, education, environment, energy, and activities which are core to the region would qualify; and WHEREAS, the key aspect of the CCRTA is to attract high-tech companies that would not locate in an area without a Regional Technology Alliance process and allow existing companies in the region to remain and expand under the CCRTA program process; and • Resolution No. 50-95 Page Two WHEREAS, the nine organizations that have provided support and input to the CCRTA are the Chambers of Commerce of Arroyo Grande, Grover Beach, Lompoc, Paso Robles, Pismo Beach, San Luis Obispo, and Santa Maria; the Santa Maria Valley Economic Development Association; and the Santa Barbara Industrial Association; and WHEREAS, the Western Commercial Space Center is a major supporter of CCRTA, and their personnel have provided valuable input to satisfy the CCRTA requirements; and WHEREAS, the state has provisions to provide up to $30,000 for CCRTA start-up and up to $250,000 for first year operational costs, with the intention that the CCRTA will become self supportive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, in support of the Central Coast Regional Technology Alliance and to respectfully request the approval of the CCRTA by the California Defense Conversion Council. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of April, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: C BRIDGETT 6AUER, City Clerk RESOLUTION NO. 49-95 RESOLUTION TO AWARD BID NO. PW 94-04 FOR WEED ABATEMENT SERVICES TO JACK BRIDWELL, ATASCADERO, CALIFORNIA THE CITY COUNCIL City Of Morro Bay, California WHEREAS, the City of Morro Bay publicly advertised and opened bids for said services on April 11, 1995; and WHEREAS, the Department of Public Works recommends the award of said contract to Jack Bridwell of Atascadero, California as the lowest responsive and responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Jack Bridwell of Atascadero, California be hereby awarded the contract for weed abatement tractor mowing in the amount of $1.90 per hour per foot width of cut. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 8th day of May 1995 by the following roll call vote: AYES: . Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEy4T: 0 BRIDGETT AUER, City Clerk • RESOLUTION NO. 48-95 A RESOLUTION APPROVING CITY OF MORRO BAY'S MEMBERSHIP IN CONSORTIUM FOR COMMUNITY MEDIA THE CITY COUNCIL City of Morro Bay, California WHEREAS, private, educational, and governmental (PEG) access to local cable television has been a concern for several years; and WHEREAS, the existing contract with Sonic Cable Television does not address the issues of PEG access; and WHEREAS, membership in the Consortium for Community Media would give the City of Morro Bay voice in PEG access matters; and WHEREAS, it is desirable for the City of Morro Bay to belong to the Consortium for Community Media; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Memorandum of Understanding joining the City of Morro Bay to the Consortium for • Community Media be executed by the City Administrator. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 24th day of April 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: &AA,1 BRIDGETTWAUER, City Clerk 0 LC:11:4191 RESOLUTION NO. 47-95 RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR PROJECT NO. PW 94-09; TIDELANDS PARK AND THOMAS PARKING LOTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Project No. PW 94-09 was advertised and bid in accordance with the Public Contract Code with 3 bids received and opened on April 6, 1995; and WHEREAS, George F. Garcia and Sons of Morro Bay submitted the lowest responsible bid for the project in the itemized total of $45,222.96 for the Tidelands Park portion and $19,571.59 for the Thomas property portion for a project total of $64,794.55. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the construction contract for Project No. PW 94-09 is hereby awarded to George F. Garcia and Sons of Morro Bay in the amount of $64,794.55; and BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute the contract 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 April, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 46-95 RESOLUTION AMENDING RESOLUTION NO. 34-83, PERSONNEL RULES AND REGULATIONS, TO ESTABLISH A CATASTROPHIC LEAVE POLICY WHEREAS, the employees of the City of Morro Bay desire to help their co-workers during times of extreme stress when facing catastrophic events in their lives; and WHEREAS, a catastrophic event in an employee's life can be mitigated by uninterrupted compensation while the employee is incapacitated or cares for a family member. • NOW, THEREFORE, BE IT RESOLVED that Resolution 34-83 is amended to include the attached Catastrophic Leave Policy. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10th day of April, 1995 on the following vote: AYES: NOES: ABSENT: ATTEST: 0 Anderson, Crotzer, Novak, Unger, Yates None None BAUER, City Clerk • • J. CATASTROPHIC LEAVE POLICY (1) Purpose The purpose of the Catastrophic Leave Policy is to establish a Sick Leave Bank into which employees may voluntarily donate sick or vacation leave hours. This Bank will be used to assist employees who have exhausted all leave credits and have a serious or catastrophic illness or injury to the employee or his/ her immediate family as defined herein. It is the employee's responsibility to accumulate and maintain as high a sick leave balance as possible, precisely for the very reasons this Bank is established. Thus, this program is to assist employees during an extended illness or injury that could not otherwise be reasonably provided for by the employee's total leave balance. (2) Definitions (a) Catastrophic Illness or Injury An illness or injury which incapacitates the employee and creates a financial hardship because the employee has • exhausted all of his/her accumulated leave. Catastrophic Illness or Injury is further defined as a debilitating illness or injury of an immediate family member that requires an employee to take time off from work to care for the family member, and this creates a financial hardship because the employee has exhausted all of his/her accumu- lated leave. (b) Immediate Family Immediate family includes spouse, son, daughter or employee's mother or father. (c) Eligible Employee To be eligible, an employee must meet all of the following criteria: (i) Be employed in a permanent position; (ii) Have exhausted all paid leave balances; (iii) Employees receiving workers compensation or disability insurance will only receive enough sick leave hours to bring their compensation up to base pay. No insurance • dollars will be paid while on catastrophic leave. Insurance will be maintained as long as employee is • using sick leave bank hours. (4) Be disabled due to a verifiable, catastrophic injury or illness or needed to care for employee's family member disable due to a verificable, catastrophic injury or illness. (d) Donor Employee In order to be eligible to donate sick leave hours to the City-wide Sick Leave Bank, an employee must be in a perma- nent position and maintain a minimum of 40 hours sick leave and a minimum of 40 hours vacation accrual after donation. Part time employees in a permanent position must maintain their prorated equivalent balance. (Example: Half-time employee - 20 hours) (e) Donated Time For the purposes of this program, sick leave and vacation may be transferred from a donating employee to the Sick Leave Bank. No transfers of remaining balances of vacation or sick leave will be allowed upon employees' termination, separation or retirement. • (3) Procedure to Access Sick Leave Bank (a) An eligible employee shall submit a "Catastrophic Leave/ Donation Application" to the employee's Department Head for recommendation to and approval by the Personnel Officer. (b) Along with the application, employee must submit a written medical verification of his/her condition, or the medical condition of his/her immediate family member. When the medical emergency involves an immediate family member, the employee must supply written documentation from the family member's medical physician that the medical condition of the family member necessitates the em- ployee's personalattendance during the employee's normally scheduled work hours, and that reasonable accommodation by the employee's Department is possible in order to meet the medical need. (c) All information regarding the leave application will be kept confidential and the employee will be notified by the Personnel Officer when a determination has been made regarding the application. (d) Any application which is denied may be a appealed to the City Administrator. The City Administrator's decision shall • be final. • (e) The maximum number of hours an employee may access from the Sick Leave Bank is 720 hours in any 12 month period providing hours remain in the Sick Leave Bank to access. Part time employees in a permanent position will be entitled to their prorated equivalent of 720 hours based on the number of hours per month employee works. (f) If the application is approved, hours from the Sick Leave Bank will be transferred to the sick leave account of the absent employee as the hours are used. (g) There will be no coercion of employees to donate, this is strictly a voluntary program. All donations will be con- fidential. (4) Conditions for Donating Leave Hours (a) Only sick leave and/or vacation time may be donated. (b) An employee must maintain a minimum of 40 hours sick accrual at the time donation is made (i.e. full time employees - 40 hours; half time employees - 20 hours). (c) Donations shall be in hourly increments. • (d) An employee may donate a maximum of 120 hours of sick leave in any calendar year. • (e) The transfer of leave hours is irreversible. (f) Transferred and accessed hours to and from the Sick Leave Bank shall be on an hour for hour basis without regard to an employee's cash value equivalent of the amount of time donated or used. (g) Donations are to the Sick Leave Bank, not individual employees. (h) Records of sick leave donations/balances will be the responsibility of the Personnel/Finance Offices. 3 • CITY COUNCIL RESOLUTION NO. 45-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 WHEREAS, the State of California Revenue and Taxation Code Section 7056, provides for a local jurisdiction to authorize designated officials and agents, of that jurisdiction, to have access to State Board of Equalization records pertaining to sales and use tax reports filed by businesses within that jurisdiction. WHEREAS, the City Council of the City of Morro Bay has previously adopted City Council Resolution No. 31-94, designating those officials and agents authorized to have access to such records. WHEREAS, City Council Resolution No. 31-94, designated certain city officials by name, as well as title, and those individuals are no longer officials of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: • Section 1 of City Council Resolution No. 31-94 is hereby amended to read as follows: "Section 1. The following City officials are hereby authorized to receive and review sales and use tax allocation information from the State Board of Equalization: The Mayor and Members of the City Council The City Administrator The Finance Director" PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 10th day of April, 1995, by the following vote to wit: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None WILLIAM YATES, • BRIDGE AUER, City Clerk • RESOLUTION NO. 31-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council hereby resolves as follows: Section 1. The following City officials are hereby authorized to receive and review sales and use tax allocation information from the State Board of Equalization: Members of the City Council City Administrator: Forrest Henderson Finance Director: Rudy Hernandez Section 2. The following independent contractor for the City of Morro Bay is hereby also authorized to receive and examine sales and use tax data received from the State Board of Equalization: Hinderliter, de Llamas & Associates: Robert Hinderliter, Principal Lloyd de Llamas, Principal Section 3. The City of Morro Bay hereby certifies that Hinderliter, de Llamas & Associates: A. Has a current confidentiality contract with the City to receive and examine sales and use tax records; and B. Is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of the City who is authorized by this resolution to examine the information; and C. Is prohibited by that contract from performing consulting service for a retailer during the term of that contact; and D. Is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired. E C] 0 Resolution No. 31-94 Page 2 Section 4. Information obtained by examination of Board records shall be used only for purposes related to the collection of local sales or transactions and use taxes by the State Board of Equalization for municipal revenue forecasting and verification. Section 5. This Resolution supersedes all previous authorizations. Section 6. The City Clerk shall certify to the adoption of this Resolution and forward a certified copy to: State Board of Equalization 2014 "T" Street, Suite 220 Sacramento, CA 95814 Attention: Local Tax Administrator NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay approving the authorization to access sales and use tax records pursuant to Revenue and Taxation Code Section 7056. PASSED AND ADOPTED this 11th day of April, 1994 by the following roll call vote: AYES: Crotzer, Luna, Mullen, Unger NOES: None ABSENT: Yates ATTEST: BRIDGEST DAVIS City Clerk it SUSAN MULLEN, Vice Mayor • RESOLUTION NO. 44-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING AMENDMENTS TO THE GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE PLAN FOR CERTAIN PROPERTIES LOCATED AT THE NORTHEAST CORNER OF MORRO BAY BOULEVARD AND QUINTANA ROAD FROM GENERAL SERVICE COMMERCIAL TO DISTRICT COMMERCIAL THE CITY COUNCIL City of Morro Bay, California CASE NO. GPA/LCP 02-93 (A) WHEREAS, The Planning Commission of the City of Morro Bay did on the 29th day of November, 1993, the 31 st day of January, 1994, the 22nd day of February, the 4th day of April and the 16th day of May, 1994 hold duly noticed PUBLIC HEARINGS to consider the proposed amendments to the Local Coastal Land Use Plan and General Plan to change the designations of the subject properties as indicated on Exhibit A and incorporated herein, from • Service Commercial to District Commercial; and WHEREAS, following its review and consideration of all public testimony given, the Planning Commission did, by adoption of Resolution 01-94, recommend approval of the proposed amendments to the City Council; and WHEREAS, on the 22nd. day of February, and the 10th. day of April, 1995, the City Council did hold duly noticed PUBLIC HEARINGS on the proposed changes to the General Plan and Local Coastal Program Land Use Plan (GP/LCP) designations of the subject properties from Service Commercial to District Commercial; and WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the California Coastal Commission is the lead agency for Local Coastal Plan Amendments; 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: The proposed amendments provide consistency with the other elements of the General Plan and Local Coastal Plan; and • 2. The proposed amendments will allow uses which are more compatible with the scenic entryway of the City at this location. • City Council Resolution No. 44-95 Page Two NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: That the above recitations are true and correct and constitute the findings of the Council in this matter; and, 2. That subject properties located at 839, 843, 853, 861 and 899 Quintana Road shall be redesignated in the General Plan/Local Coastal Program/Land Use Plan from General Service Commercial land use to District Commercial as shown on Exhibit A attached hereto. 3. That the City Council directs the City Administrator to transmit said amendments to the State Coastal Commission immediately; and 4. That upon certification by the Coastal Commission, said amendments shall immediately become effective if they are not modified by the State Coastal Commission. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this I Oth. day of April, 1995 by the following vote: • AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None F116 i RU BRIDGE BAUER, City Clerk —* EXHIBIT "A" CITY COUNCIL RESOLUTION NO. 44-95 CASE NO. ZOA 05-91 (A-2) &GPA/LCP 02-93 (A) Current GP&LCP : Service Commercial Proposed GP&LCP : District Commercial Current Zoning: C-2 (S.4) Proposed Zoning: C-1 (S.4) RESOLUTION NO. 42-95 - A RESOLUTION APPROVING THE 1995 TROLLEY TRIAL PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, it is desired to provide during summer months fixed route public transportation linking the Embarcadero and downtown Morro Bay; and WHEREAS, the success of the 1994 trolley trial program is evident, but certain parking„ funding, and logistic concerns were identified; and WHEREAS, the City desires to provide another trial program from Memorial Day Weekend through October 15, 1995, to determine whether identified concerns can be mitigated; and WHEREAS, the City Council has approved the recommended program (attached hereto and made a part hereof) including budget Option B for the 1995 trial season. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the recommended program including budget Option B is hereby approved; and BE IT FURTHER RESOLVED that in the event sponsorship revenues adequate to fund Option B are not acquired by May 5, 1995, either Option A will automatically become effective or City Council will • decide how to make up shortfall. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the loth day of April 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETT UER City Clerk LQQLYNN:42-95 0 Trolley Ad Hoc Committee Action Minutes, 3/22/95 Page 2 •ISCUSSION No fees are to be charged to businesses along the route and ridership fares are proposed to remain at 25 cents. Budgets for weekend trolley service (Saturdays and Sundays only -- Option A) and for seven-day service (Option B) are set forth on page four below. Any profits from 1995 program are proposed to be applied to capital owed on trolley purchase. Mayflower Contract Services will provide drivers/insurance, and the trolley will run at one-half hour intervals. The Morro Bay Chamber of Commerce will handle advertising space on the trolley at a commission of $990 and will oversee and coordinate tour guides. The Chamber of Commerce will market the tokens (left from last season) as well as dispense "goodie bags" to trolley riders. The Chamber will retain rights to the "goodie bags" which will include but not be limited to discount coupons and other advertising opportunities for the local retail community. L341":1 Begin and end: Albertsons/Payless terminal through 2-way lanes of parking lot and exit left onto Piney Way. Right on Morro Bay Blvd to Main. Right on Main to Beach. Left on Beach to Embarcadero. North on Embarcadero through PG&E meeting room parking lot (north loop turn -around). •outh on Embarcadero to Tidelands Park (south loop turn -around. North on Embarcadero to Pacific. Right on Pacific to Market. Left on Market to Morro Bay Blvd. East on Morro Bay Blvd. to Piney Way. Left on Piney Way to return to Albertsons/Payless. STOPS 1. Albertons/Payless 2. Morro Bay Blvd (MBB) on Foster's Freeze Block 3. MBB at Napa stop sign (travel agency) 4. MBB at Main (proposed pocket park/Queen's Closet) 5. On Embarcadero St in front of Pacific Cafe** 6. At stop sign at north loop (near PG&E meeting room parking lot) 7. On Embarcadero at Finicky Fish* 8. At extreme south end GAFCO parking lot at intersection w/Beach St. 9. On Embarcadero at Galley/Hoppe's 901 * 10. Embarcadero cut de sac intersection at Pacific 11. Tidelands Phase III loop 12. On MBB at Market 463. On W side MBB at Main St. 4. On MBB at Napa St. stop sign (and back to Albertson's/Payless) *loss of 1 parking space **loss of 2 parking spaces Trolley Ad Hoc Committee Action Minutes, 3/22/95 Page 3 • SIGNS Trolley stop signs and trolley parking areas signs will be placed by Streets Division of Public Works Department for the season. The four lost parking places will be posted with signs stating parking is permitted when trolley is not running. PROS AND CONS The TC composed the following lists of pros and cons to illustrate why Option B is recommended. Option A -- Weekend Only Program PROS Option B - Seven -Day Program PROS 1. Lower budget required 1. Easier to sell signage on vehicle 2. Less wear & tear on vehicle 2. Easier to measure sucess re permanent program 3. Concentrated on peak ridership 3. Daily exposure to community/tourists Requires less sponsorship 4. Greater air pollution mitigation (emissions) �. Allows weekday leasing 5. Augments downtown/waterfront link 6. Program advertising more marketable 7. Sponsorship more marketable CONS 1. Difficult to sell signage on vehicle 2. Difficult to measure success re permanent program 3. Limited exposures to community/tourists 4. Limited air pollution mitigation (emissions) 5. Limits downtown/waterfront link 6. Program advertising less marketable • CONS 1. Higher budget required/greater chance for shortfall 2. More wear and tear on vehicle 3. Requires more sponsorships 4. Limits leasing availability Trolley Ad Hoc Committee Action Minutes, 3/22/95 Page 4 SUDGETS OPTION A -- WEEKENDS ONLY SERVICE To operate 348 hours, 20 weeks from May 27 through October 15, 1995. Saturdays = 9 hrs from 11 am to 8 pm = 180 hrs Sundays = 7 hrs from 11 am to 6 pm = 140 hrs Holidays (4) = 7 hrs Mem Day Mon./Jul 3 Mon./ Jul 4 Tue/Labor Day Mon. = 28 hrs 348 hrs Expenses: 348 hrs x $11 (Mayflower) $3828 Fuel & Lubrication 700 Signs 1000 Contingency/Repairs 2000 Advertising 1000 Administrative & Misc 1004 Commission to Chamber for Advertising 990 $(10,522) Revenue: One Major Sponsor $3000 Advertising 6600 Fares 1869 • $11,459 $937 net profit OPTION B - SEVEN-DAY SERVICE To operate 820 hours, 20 weeks, seven days a week, from May 27 through October 15, 1995. Saturdays = 9 hrs from 11 am to 8 pm = 180 hrs Sundays = 7 hrs from 11 am to 6 pm = 140 hrs Weekdays = 5 hrs from 12 pm to 5 pm = 472 hrs Holidays (4) = 7 hrs Mem Day Mon./July 3 Mon./ Jul 4 Tue./Labor Day Mon. = 28 hrs 820 hrs Expenses: 820 x $11 (Mayflower) $9,020 Fuel & Lubrication 1,435 Signs 1,000 Contingency/Repairs 4,100 Advertising 1,000 Administrative & Misc 1,004 Commission to Chamber for Advertising 990 $(18,549) Revenue: Four Major Sponsors $12,000 Advertising Space on Trolley 4,350 • Fares 3,198 $19,548 $999 net profit LC: 11: 1995prog • RESOLUTION NO. 41-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, APPROVING A CONTRACT FOR ADMINISTRATION OF AN ECONOMIC DEVELOPMENT PLANNING/TECHNICAL ASSISTANCE COMMUNITY DEVELOPMENT BLOCK GRANT (#94-EDBG-305) THE CITY COUNCIL City of Morro Bay, California WHEREAS, on December 13, 1994, the City of Morro Bay has received a $30,.000 grant from the California Department of Housing and Community Development under the Community Development Block Grant Program for a business retention and attraction study within the community; and WHEREAS, the City is in need of general administration services for the implementation of the business retention and attraction study; and WHEREAS, a request for proposals was formerly advertised for said services; and WHEREAS, Applied Development Economics is the only responsible bidder for the administration services required. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that 1. Applied Development Economics is hereby awarded a contract for the administrative services for the City's Economic Development Planning/Technical Assistance Community Development Block Grant; and 2. The City Administrator is hereby authorized, upon the approval by the City Attorney, to sign on behalf of the City all necessary agreements, contracts, and any amendments pertaining to the administration of the CDBG Program. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of March, 1995 by the following vote to wit: AYES: Anderson, Crotzer, Yates NOES: None ABSENT: Novak, Unger �' .I/ & i BRIDGEdT BAUER, City Clerk WILLIAM Y. RESOLUTION NO. 40-95 APPROVAL OF ARMY CORPS OF ENGINEERS PROJECT COOPERATION AGREEMENT FOR THE HARBOR ENTRANCE IMPROVEMENT PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay acting in partnership with the Army Corps of Engineers has been working on improving conditions at the Morro Bay Harbor Entrance; and WHEREAS, the Feasibility Study completed by the Corps of Engineers in 1991, with the City acting as local agency sponsor, determined that the only economically feasible solution to minimizing hazardous entrance conditions would be a reconfiguration of the harbor entrance, extending out further than the existing entrance channel and to be constructed to a depth of 30% and WHEREAS, Federal funding for construction of the project was approved by Congress in 1992; and WHEREAS, as the local agency sponsor the City is required to enter into a cost share agreement detailing the local agency's financial responsibility to the project; and WHEREAS, the Army Corps of Engineers has worked with the City in drafting an acceptable I*Project Cooperation Agreement which requiring a 20% cost share from the City as the local agency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Project Cooperation Agreement between the Army Corps of Engineers and the City of Morro Bay for the Harbor Entrance Improvement Project is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Project Cooperation Agreement for the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of March, 1995, by the following vote: AYES: Anderson, Crotzer, Yates NOES: None ABSENT: Novak, Unger m m m mm m a m m m mm m m N N N IA N M W W W yj W W • + + o JILnrtr mom ® AO{ Q F O '� _' SANDrar �, l 1 !FIA�.dCE NCE E wrc mr + + + + + + + + I + ATTACHM I d 9 MAR 07 '95 15:32 P.2 ...................................... o0000 0 • ` HN.-NN«NON N O M « « o g « O X O yV� O i Rt NO W p O O • N •wL W B1ggpgL���?4� W3r0OL QQ 4Li N O N « ♦ O ♦ C ie �$� 8o popoyoy��N y ypg Y�CC� � Ym! sv� a N � •°.� 7� N a y $ 4sZ o000o O b ♦'E r G Do ' o M;ig o2989 o o .38 95. w u OW36 a�wM.a Ct ry —w♦. �.. W= _ .•.. .. ..:::: :: .. .. ::000 po pe :. ::e ego. `r7 W �V OO�OpOO O q OWE qY LS J r7(~p� OCNOA M� G OG ..� N«MNN M MOyL °N • e fY � N Q eC0 Y 10 6 1 Z y .. .. .. .... ...... •. .. .. .. •• W ♦0 O Y Y z E O e Wp+ W • . . ... .......... C m z rC110-- iota • ^ po �p«G oOVo 6O p00pvL �oO« Q Ky W Ou� =Y YYO yO�bw.Ot = CEO O O p0 "�^•'YM ry�CN &H N N mmONO Y M O uyc o a«GGAgp y4 W OYO YOg 2i1° ecoco o eLoo � 8° 00000 O yWIV 9OV LC b� goq$ryyP:No goN .0 Bog NNN�:N N dVa.ry «NOH L R N « ee fez 5 o1Vc W 00 O mm g°;41 ° Gs OWi OOr(. VN A YE CYCOM°'° LV O y N z M N a. `u B�m[��gE ELLwLL� W 0 0 0 0 0 O W $�9 N C M r N Y E 000 O VI 0000 o pLQ�.��n 6 NN C...ppO a.O tY.0 �p @� • PP•�Pa CppP LY � Ya ♦ f>Lfw6Y Oo�w • BY.Op J W.�6•�J N1F •r Y.rJ Q� aPPPP O F♦• i♦♦i ip ssss pi r7 U RESOLUTION NO. 38-95 A RESOLUTION APPROVING THE SEEKING OF SPONSORSHIPS FOR THE 1995 TROLLEY TRIAL SEASON THE CITY COUNCIL City of Morro Bay, California WHEREAS, the 1994 trolley trial season was partially funded by a one-time $25 fee to businesses within one block of the trolley route; and WHEREAS, sponsorships would eliminate the need for such a charge to local businesses; and WHEREAS, sponsorships in addition to advertising revenue and fares would be more than adequate to fund the 1995 trolley trial season. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that sponsorships for the 1995 trolley trial season may be sought by the Public Works Department. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular • meeting thereof held on the 27th day of March 1995 by the following vote: AYES: Anderson, Crotzer, Yates NOES: None ABSENT: Novak, Unger ABSTAIN: None ATTEST: BRIDGETIOBAUER, City Clerk LC:C:LYNN:38.95 1 L_i • RESOLUTION NO. 37-95 A RESOLUTION APPROVING THE PURCHASE OF A SECOND PARATRANSIT VEHICLE THE CITY COUNCIL City of Morro Bay, California WHEREAS, on February 28, 1995, City Council approved purchase of a paratransit vehicle by means of tagging -on to County Connection's existing order with Wide One Corporation; and WHEREAS, on March 15, 1995, staff was informed that a second Caltrans contract had been awarded to the City for the purchase of a second paratransit vehicle; and WHEREAS, there are local match funds existing from FY 1993-94 as well as local match funds in the current budget, both for this purpose; and WHEREAS, it is possible for the City to tag -on to County Connection's existing order for up to four vehicles. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves the purchase of a second paratransit vehicle by means of tagging -on to County Connection's existing order with Wide One Corporation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of March 1995 by the following vote: AYES: Anderson, Crotzer, Yates NOES: None ABSENT: Novak, Unger ABSTAIN: None ATTEST: BRIDGETT AUER, City Clerk 0 LC:C:LYNN:37-95 • RESOLUTION NO. 36-95 A RESOLUTION APPROVING BY-LAWS FOR PUBLIC WORKS ADVISORY BOARD THE CITY COUNCIL City of Morro Bay, California WHEREAS, By -Laws are required of all municipal commissions and boards; and WHEREAS, at its inaugural meeting on March 8, 1995, the Public Works Advisory Board voted unanimously to adopt the By -Laws proposed to them by staff; and WHEREAS, it is appropriate to clarify procedures to allow public comment subject to reasonable regulation, said procedures allowing a maximum of three minutes of testimony for members of the public on each public hearing item. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby amends the By -Laws adopted by the Public Works Advisory Board on March 8, 1995, and approves the By -Laws as amended. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of March 1995 by the following vote: • AYES: Anderson, Crotzer, Yates NOES: None ABSENT: Novak, Unger ABSTAIN: None ATTEST: BRIDGETT AUER, City Clerk LC C:LYNN:3695 0 • CITY OF MORRO BAY PUBLIC WORKS ADVISORY BOARD BY-LAWS Purpose and Authority of the Board The Public Works Advisory Board is established to advise the City Council concerning policy decisions relating to the Water, Wastewater, Streets, Recycling and Solid Waste, Cable Television and Telecommunications, Trees, Transportation and other issues related to the scope of responsibilities of the Public Works Department. Appointments The Public Works Advisory Board shall consist of seven (7) voting members. Appointments to the Board and filling of vacancies shall be made by the City Council and shall be a representative cross-section of both lay and professional knowledge. Members shall be qualified voters of the city of Morro Bay. Voting results shall be recorded in the minutes. Terms of Office • The initial terms of four members shall expire January 31, 1997 and the terms of three members shall expire January 31, 1996. Thereafter, members of the Board shall serve for a period of two (2) years commencing January 31 st. Unanticipated vacancies shall be filled for the duration of the unexpired term only. OtWifications Members of the Public Works Advisory Board shall serve without compensation. Absence From Meetings 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. Organization At its regular meeting in December or at its first regular meeting in January of each year, the Board Members shall elect a Chair and a Vice -Chair who shall hold office for a period of one year. The Chair shall preside over meetings, appoint appropriate sub -committees and direct the affairs of the Board. In the absence of the Chair, the duties of the office shall be performed by the Vice -Chair. The City of Morro Bay staff shall maintain accurate minutes and official activities of • the Board. PUBLIC WORKS ADVISORY BOARD BY-LAWS • PAGE TWO Legal Reference The Public Works Advisory Board's agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. Quorum A majority of the voting members of the Public Works Advisory Board constitutes a quorum. Meetings Regular meetings of the Public Works Advisory Board shall be held at the Morro Bay Community Center Studio Room, 1001 Kennedy Way, Morro Bay, on the second Wednesday of each month at 7:00 p.m. or as agreed by the Board. The meetings shall be open to the public. After receiving a maximum of three minutes of comment from each member of the public wishing to provide testimony on any public hearing item, The Chair 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 Public Works Advisory Board business and shall attend the Board meetings. Roberts' Rules 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 City Council pertaining to the Board shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow said rules. By -Laws Amendments All amendments to the Public Works Advisory Board By -Laws shall be approved by the City Council. 3/3/95 dr:watcrby-laws 0 • RESOLUTION NO. 35-95 RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF A 20-MINUTE ON -STREET PARKING LIMMITATIONS ON MORRO BAY BOULEVARD WEST OF MONTEREY AVENUE ADJACENT TO THE BANK OF AMERICA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Vehicle Code and Section 10.36.050 of the Morro Bay Municipal Code authorize designation of limited time parking on any street within the jurisdiction of the City of Morro Bay; and WHEREAS, it has been deemed appropriate to designate a portion of Morro Bay Boulevard west of Monterey Avenue for a 20-minute parking limitation. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that a 20-minute on -street parking limitation is hereby designated on the • south side of Morro Bay Boulevard west of Monterey as shown in Exhibit A; and BE IT FURTHER RESOLVED, that the Public Works Department be authorized and directed to install curb markings to delineate this time limitation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 27th day of March, 1995, by the following vote: AYES: Anderson, Crotzer, Yates NOES: None ABSENT: Novak, Unger ABSTAIN: None WILLIAM YATES, ATTEST: BRIDGE AUER, City Clerk • dr:engr2 m3495 ii �`, P.al lPW TCni -a5-ad✓ • RESOLUTION NO. 34-95 RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF A LOADING ZONE ON MORRO BAY BOULEVARD EAST OF MONTEREY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Vehicle Code and Chapter 10.36 of the Morro Bay Municipal Code authorize designation of parking restrictions on any street within the jurisdiction of the City of Morro Bay; and WHEREAS, it has been deemed appropriate to re -designate a portion of Morro Bay Boulevard eat of Monterey Avenue a loading zone, as described in Section 10.36.120E of the Morro Bay Municipal Code. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that loading zone is hereby designated on the north side of Morro Bay Boulevard east of Monterey Avenue as shown in Exhibit A; and • BE IT FURTHER RESOLVED, that the Public Works Department be authorized and directed to install curb markings to delineate this time limitation.. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 27th day of March, 1995, by the following vote: AYES: Anderson, Crotzer, Yates NOES: None ABSENT: Novak, Unger ABSTAIN: None ATTEST: AMJAI/ BRIDGE BAUER, City Clerk 0 dr:eng2xes3495 N T i- RESOLUTION NO. 33-95 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RESCINDING RESOLUTION NO. 94-93 REGARDING SUBDIVISIONS DUE TO CHANGED CIRCUMSTANCE 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 had not adopted a Water Management Plan or had full permits for its Desalination Plant at the time of adoption of Resolution No. 94-93; and WHEREAS, a Water Management Plan has since been adopted by the City of Morro Bay and certified by the California Coastal Commission; and WHEREAS, the Desalination Plant is now conditionally permitted, subject to obtaining the agreement from PG&E for continued use of its outfall, for providing a source of routine replacement water supply; and WHEREAS, the State Water Project is currently scheduled for completion, and to begin supplying water to the City of Morro Bay, in August of 1996. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The above recitals constitute the findings of the City Council; and, therefore, there has been a significant change of circumstances since the adoption of Resolution No. 94-93 such as to remove the basis of its reasoning; and 2. Resolution No. 94-93 is hereby rescinded; and 3. All City boards, commissions and staff shall once again process subdivisions and portions of subdivisions for approval, and shall do so consistently with all City policies, specifically, but not limited to, the General Plan and Local Coastal Plan. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of March, 1995 on the following vote: AYES: Anderson, NOES: Crotzer ABSENT: None Novak, Unger, Y-`-- ATTEST: BRIDGET BAUER, City Clerk • CITY COUNCIL RESOLUTION NO. 32-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING THE EXISTENCE OF A SECOND LOCAL EMERGENCY IN 1995 THE CITY COUNCIL City of Morro Bay; California WHEREAS, flooding conditions began occurring during the day of March 9,1995 continuing through March 10, 1995 and threaten to continue beyond March loth; and WHEREAS, said flooding conditions represent a clear and imminent danger, extreme peril and disaster to the safety of persons and property within the City of Mono Bay; and WHEREAS, these conditions are beyond the control of the services, personnel, equipment and facilities of the City; and WHEREAS, the City, its residents and its public facilities have already experienced previous flooding which seriously taxed the City's resources; and WHEREAS, Morro Bay Municipal Code Chapter 8.08 provides for the City Council to declare the existence of a local emergency upon the request of the Director of Emergency Services, Mr. Dave Howell; and • WHEREAS, the Director of Emergency Services made such a request; and WHEREAS, immediate action by the City of Mono Bay is required to protect life and public and private property from imminent danger or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by this natural disaster, and WHEREAS, the City Council of the City of Morro Bay, California, on the 10th day of March, 1995, held a SPECIAL EMERGENCY MEETING to consider necessary action to remedy the disaster. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That flooding conditions commencing on March 9, 1995 and continuing through and beyond March 10, 1995 have insulted in injury to persons and damage to property; and, 2. That these flooding conditions constitute the existence of a `Local Emergency"; and 3. That these flooding conditions also constitute a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services; and 4. That should the Director of Emergency Services determine that locally available resources are inadequate to cope with the emergency conditions, said Direr is authorized and directed to request the Governor of the State of California and the President of the United • States to proclaim a Mate of emergency"; and City Council Resolution 32-95 • Page Two 5. That said Director is directed to mobilize any and all resources necessary and available to mitigate said emergency in accordance with the powers and authorities provided in said Chapter &08,. the City's Emergency Plan and other measures as deemed necessary and appropriate. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 10th day of.March, 1995, by the following vote to wit: AYES: Yates, Anderson, Novak and Unger NOES: None 0-7 f . BRIDGEfT BAUER tY C, J Planning and Building Department DATE: March 10, 1995 TO: Honorable Mayor and City Council FROM: Don Funk, Planning and Building Director SUBJECT: Second Determination of Emergency, Flood of March, 1995 On March 9th, the City of Morro Bay was hit by a strong storm causing extremely wide spread damage. The flooding continued through March 10th and shows no sign of dissipating soon. Portions of the City were totally isolated from the rest of the City. The City was again separated from the nearby community of Los Osos. This was the second violent storm since the beginning of the year and many facilities which were damaged from previous storms in January have not yet • recovered Numerous perms were evacuated due to flooding and geologic hazards. As a result of the damage caused by the storm, I declare, in my capacity as the City Environmental Coordinator and Director of Planning and Building, that the City is in a state of emergency as it relates to several essential public facilities. Also, I determine that private structures, including homes and businesses within Morro Bay are also included if they were damaged by the flood. The Planning and Building Department will grant emergency Coastal Development Permits and express Building Permits for any repairs necessitated by the flooding. Any persons who have structures that have been damaged will be directed to contact the Department for information regarding obtaining an emergency permit. The policy of fee waiver recently adopted by the Council will be extended to this new storm. Said facilities shall be exempt from obtaining a Coastal Development Permit pursuant to Title 14. Natural Resources, Article 4, Sections 13009 and 13144 and Section 30624 of the Coastal Act. Said facilities shall also be exempt from CEQA pursuant to the California Environmental Quality Act, 0 • Chapter 2.5, Sections 21060.3 and 21080.b.2. To the extent possible all known or projected environmental effects of remedial actions shall be mitigated and all precaution shall be followed. FINDINGS OF THE DIRECTOR: In my capacity as the Director and the Environmental Coordinator, I find as follows 1. Flooding conditions, occurring during the days of March 9th and 10th, 1995 and threatening to continue, represent conditions of clear and imminent danger, extreme peril and disaster to the safety of persons and property within the City of Morro Bay; and 2. The conditions and damages are beyond the control of the services, personnel, equipment and facilities of the City; and 3. The City Council has declared the existence of a local emergency upon request of the Civil Defense Director and 4. Immediate action by the City of Morro Bay is required to protect life and public property from imminent danger or to restore, repair, or maintain public works, utilities, or services destroyed, • damaged, or interrupted by this natural disaster; and 5. The extent of the current flooding constitutes a sudden and unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. 6. The importance of these facilities and the potential for environmental impact will be weighed in each action taken by the City to rectify the damages and to restore emergency access. 2 RESOLUTION NO. 31-95 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN SUPPORT OF ASSEMBLY BILL 7X (AB7X) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, existing law prescribes numerous requirements for funding, designing, and constructing of public highways and bridges; and WHEREAS, on Monday, January 30, 1995, Assemblyman Tom J. Bordonaro, Jr. introduced emergency legislation (AB7X) to replace the Twin Bridges between Morro Bay and Los Osos, California. The legislation was submitted as part of the Emergency Session of the State Assembly called by Governor Pete Wilson on January 19, 1995; and WHEREAS, AB7X would make legislative findings regarding the need to replace two 48 year -old wooden bridges in San Luis Obispo County due to flood -related closures, and would direct the California Department of Transportation to take specified actions to accomplish the immediate construction of replacement bridges; and • WHEREAS, AB7X would require the California Department of Transportation, the California Transportation Commission, the Department of Fish and Game, the California Coastal Commission, the Department of Parks and Recreation, and any other state department, board, bureau, agency, or commission to expend any and all administrative and other efforts to support the immediate completion of the project; and WHEREAS, the City Council of the City of Morro Bay, California adopted Resolution No. 11-95 at their regular meeting of January 23, 1995 declaring priority status for the Twin Bridges Replacement Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, supports the passage of Assembly Bill 7X. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of March, 1995 on the following vote: AYES: Anderson, NOES: None ABSENT: None Crotzer, Novak, Unger, Yates AT EST: • BRIDGETT BAUER, City Clerk RESOLUTION NO. 30-95 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, IN SUPPORT OF SENATE BILL 1X T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, since January 3, 1995, severe winter storms have caused substantial flood and water -related damage to property throughout much of the State of California; and WHEREAS, severe and widespread flooding occurred has as a result of the winter storms throughout the City of Morro Bay, causing considerable damage to public property which will exceed $100,000 to repair; and WHEREAS, the Morro Bay City Council, in an emergency session, passed and adopted Resolution No. 14-95 on January 24, 1995, which declared the existence of a State of Local Emergency; and WHEREAS, in response to the damage caused as a result of the winter storms, President Clinton declared a Federal Disaster on January 10, 1995 to assist local governments recover from the effects of the storms; and •WHEREAS, under current law, only 75% of disaster -related costs are eligible for cost reimbursement by the Federal Government and the remaining 25% of disaster -related costs is paid for by State and local governments; and WHEREAS, the local government match causes the City of Morro Bay to experience ever increasing financial pressure as it faces an escalating demand for services and must contend with low revenue projection; and WHEREAS, California State Senator Jack O'Connell sponsored Senate Bill 1X, which waives the local government's match requirement for securing federal disaster relief funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, supports the passage of Senate Bill 1X. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of March, 1995 on the following vote: AYES: Anderson, NOES: None ABSENT: None Crotzer, Novak, Ursa*- Var • ATTEST: BR`r6GETT AUER, City Clerk • CITY COUNCIL RESOLUTION NO. 29-95 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. GPA 02-92 WHEREAS, the Planning Commission on the 6th day of March 1995, held a duly noticed PUBLIC HEARING to consider amendments to the Housing Element of the General Plan contained in the February 1995 Draft and recommended approval of said amendments to the City Council: and WHEREAS, the February 1995 Amendment Draft (pursuant to meetings and consultations with the California Department of Housing and Community Development (HCD)) addresses December 13, 1994 comments by HCD after receipt of said comments (attachment A) and the City of Morro Bay's response to the HCD comments (attachment . B): and WHEREAS, said Housing Element has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental guality Act (CEgA) in that the project has been given a Negative Declaration and no further documentation is deemed necessary: and WHEREAS, at said PUBLIC HEARING after consideration of the Planning Commission Recommendation, 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: 1. These amendments to the Housing Element are consistent with the requirements of State Law with respect to the contents required for the preparation of the Housing Element; and 2. These amendments 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: and 2. That the City Council does hereby approve Case No. GPA 02-92 amending the Housing Element as shown in Exhibit "1", including attachments A (HCD comments), and "B" (proposed changes): and 3. That the City Council does hereby authorize the City Administrator to submit these amendments to the Department of Housing and Community Development for determination of adequacy. PASSED, APPROVED AND ADOPTED on the 27th day of March 1995 by the following vote to wit: AYES: Anderson, Crotzer, Yates NOES: None ABSENT: Novak, Unger • ATTEST: .I. ;. Nil ;. • -2- City Council Resolution No. 29-95 • RESOLUTION NO. 28-95 APPROVAL OF SUBLEASE - LEASE SITE 68/68W BETWEEN THE HELD FAMILY TRUST AND DEBORAH AND ROY JENSEN 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 68/68W; and, WHEREAS, the Held Family Trust is the lessee of said property; and, WHEREAS, the Held Family Trust and Deborah and Roy Jensen have entered into a sublease agreement for a portion of Lease Site 68/68W for a retail sales operation; and, WHEREAS, retail sales is an approved use of the existing lease for said lease site; and, WHEREAS, the Held Family Trust is in compliance with all terms of said lease NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the sublease between the Held Family Trust and Deborah and Roy Jensen for a portion of Lease Site • 68/68W is hereby approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of March, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None Low I 20WENA • City of Morro Bay Morro Bay. CA 93442 • 805-772-6200 A P P L 31 C A T = O N CITY OF MORRO BAY HARBOR DEPARTMENT 1275 ENBARCADERO 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 $: 68/68W APPLICATION FEE: $260. 00 Gordon & Julia Held Lessee (please print) PO Box 156 iling Address 0 Cayucos CA 93430 City, State Zip Held Family Trust Business Name 995-1283 Telephone REQUEST: Briefly describe specific nature of approval requested. Approval of sublease to Deborah & Roy Jensen for operation of a retail gift shop. Applicant's Signature Date • SEE REVERSE 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 Way • CHECKLIST FOR SUBMITTAL REQUIREMENTS 1. AMENDMENT TO LEASE $260.00 Application Fee Proposed Lease Amendment Document Statement of purpose for request of amendment Review by Community Development & Public Works Dept. Other Departmental Review as follows: 2. ASSIGNMENT OF LEASE $260.00 Application Fee Statement of qualifications, experience and proposed operation from potential assignee • Financial report approved by City Finance Director - - Lessee currently in compliance with all terms of existing lease agreement Assignment documents acceptable to the City Attorney's office 3. SUBLEASE APPROVAL $260.00 Application Fee (Council Action Required), OR $ 50.00 Application Fee (Administrative Approval if permitted by the terms of the current lease) Lessee currently in compliance with all terms of existing lease agreement. Statement of qualifications, experience and proposed operation from potential sublessees. Consent to Sublease Agreement and Sublease documents completely filled out and signed • March 1, 1995 Statement of qualifications, experience and proposed operation: My husband, Roy and I purchased "Highway One Gifts" in Cayucos in October, 1987. I ran the business in the original location, changing and adding to the merchandise mix, until May of 1989 when we moved to the present location owned by Gordon and Julia Held at 143 N. Ocean Avenue. I have continued to increase the stock, and sales have risen steadily in the six years we have been in that location. I have excellent credit with over 100 manufacturers, and am Dun & Bradstreet rated. My husband and I also have excellent personal credit and we would authorize a credit check if the City feels it is necessary. We have lived in this area since 1972 and are members of service clubs and non-profit groups as well as the Chamber of Commerce. tiVe OWM01 our p(�Qucec4s home SIAU 19Qd) 0.kot bus/ rite V-e t- -tv /0 ctcrv5 of" Nwy I - My business philosophy is to treat customers as I would like to be treated as a customer. I propose to operate basically the same type of operation as we have in Cayucos - a retail gift shop with a moderately -priced variety of items suitable for gifts as well as remembrances of a visit to Morro Bay. I visited very shop on the Embarcadero on March 1, 1995 and feel my shop is unique to what is already there. I feel it is better for • everyone to carry different merchandise so locals and tourists will visit all the shops. Please feel free to visit the Cayucos location at any time. Sincerely, Deborah Jensen 0 • LEASE OF BUSINESS PREMISES This lease is made by and between The Held Family Trust of October 15, 1990, herein called "Lessor" and Deborah and Roy Jensen, a married couple, of Morro Bay, California, doing business as Highway One Gifts, Too, herein called "Lessee". 1. DESCRIPTION OF PREMISES Lessor leases to Lessee, and Lessee hires from Lessor, as herein provided, the premises located at 591 Embarcadero, Morro Bay, California, consisting of; a one-story building along the street containing approximately seven hundred fifty six (766) square feet, a one story building along the waterfront containing approximately nine hundred ninety (990) square feet with a store room beneath containing approximately two hundred forty (240) square feet, a deck over the water containing approximately four hundred (400) square feet, a vacant portion of land on the lot of approximately eight hundred (900) square feet containing two (2) parking spaces. Said figures are an approximation only, the parties placing no reliance thereon. Lessee has inspected the premises, is familiar with them and accepts them "as is". Not included in this lease is the boat dock and rights of ingress and egress to it. 2. TERM • The term of this lease shall be for a period of twenty one (21) months commencing approximately April 1, 1995, and ending at midnight on December 31, 1996. 3. RENT -BASIC The total base rent of this lease is thirty nine thousand nine hundred ($39,900) dollars. Lessee agrees to pay Lessor such amount without any prior demands and without any deduction or offset, first month rent on or before April 1, 1995, and installments of one thousand nine hundred ($1,900) dollars each month, payable in advance May 1, 1995, and the first day of the succeeding nineteen (19) months. Said installments shall be payable to lessor at P. O. Box 156, Cayucos, CA 93430-0156 until otherwise directed in writing by the Lessor. Lessor grants to Lessee up to one (1) rental concession while Lessee is making necessary modifications to the premises at Lessee's expense. Rental payments are to start on the earliest date of the following: the premises are open for business, the residential area is occupied or April 15, 1995. Lessor further grants to Lessee a rental concession of up to $1000 toward the costs of window coverings and carpeting. Lessors approval of the coverings is to be obtained prior to their installation. 0 • 4. ADDITIONAL RENT BASED UPON INCREASE IN COST OF LIVING A. The monthly rent set forth in Article 3 shall be considered "base rent". B. The monthly rent shall be adjusted annually beginning April 1, 1996 and again on April 1, 1997, and on April 1 of each succeeding year this lease or any extensions thereof are in effect. The amount of adjustment for the increase in cost of living as determined herein shall remain constant for each twelve (12) month period beginning on each said first day of April. C. The Annual adjustment of rent shall be in proportion to the percentage rise in the US Department of Labor statistics Consumer Price Index for Southern California Urban Consumers over the most recent said Consumer Price Index published in March, 1995. The Index for the adjustment date shall be the one reported in the U. S. Department of labors most comprehensive official index then in use and most nearly answering the foregoing description of the index to be used. In no event shall the annual adjustment be less than three (3) percent. S. ADDITIONAL PERCENTAGE RENT Additional rental of five percent (5%) of gross sales over $200,000 per year from July 1 through June 30 is due and payable by July 10 of each year. Gross sales are defined in • Attachment A. 6. INTEREST AND PENALTY ON DEFAULT If default be made in the payment of any installment of rent, such installment shall be interest at the rate of ten percent (10%) per annum from maturity until paid. If payment is received more than ten (10) days after the first of any month due, a penalty of ten (10) percent of the payment is also immediately due and payable. In like manner, all other moneys which may become due to Lessor from Lessee under the terms hereof shall bear interest at the rate of ten percent (100/0) per annum from the due date until paid. 7. TAXES AND LICENSE FEES Lessee shall pay any taxes and licenses which may, during the term, be levied or assessed on personal property or business property or the business of the lessee located on said premises. All real property taxes and assessments shall be paid by Lessor. 0 • 8. AUTOMATIC RENEWAL OF LEASE SUBJECT TO THREE MONTHS NOTICE BY PARTY TO THE OTHER This Lease shall be deemed automatically renewable on an annual, twelve month basis, commencing January 1, 1997, if no written notice of termination is served by either party prior to October 1, 1996. If no notice is served by either party prior to October 1 of any subsequent year, the Lease shall remain in effect for the next succeeding period of January 1 through December 31. 9. PAYMENT OF UTILITIES Lessee shall promptly pay for all utilities furnished to the premises for the term of this Lease including but not limited to; electricity, gas, garbage, telephone, water and sewer services. Lessee agrees to provide power and water to vessels docked at the boat dock on the premises and have reasonable costs for these utilities reimbursed by the tenant of the dock.. 10. USE OF PREMISES All buildings on the premises shall be used for retail gifts and related products. The building along the waterfront may be used for residential purposes by Lessee for a period not to extend beyond December 31, 1997. The vacant portion of the premises can be used for anything mutually acceptable to lessor and Lessee provided that access be maintained for two (2) parking spaces. The deck may be used for any purpose acceptable to the City of Morro Bay. The • premises may not be used for any other purpose or purposes without the prior written consent of Lessor. Lessee will comply and will cause its employees, agents and invites to comply with all applicable laws and ordinances and with all applicable rules and regulations of governmental agencies. Lessee wiii.conduct itself with full regard for the rights, convenience and welfare of all neighboring businesses. 11. ALTERATIONS BY LESSEE Lessee may make, at lessee's expense, such non-structural alterations as necessary to after the building to fit tenants needs, providing Lessors prior written approval to such changes is obtained and moneys are deposited with Lessor in advance sufficient to reverse the changes to the original configuration. 12. OTHER DEPOSITS Lessors signature on this lease will verify tenant has deposited with Lessor the amount of two thousand ($2000) dollars which will be held for the duration of occupancy as a security deposit. All deposits are returnable upon surrender of the premises in a condition like that when they were obtained. 13. GLASS BREAKAGE • Lessee is responsible for the replacement of any glass breakage during the Lease. • 14. LESSOR'S RIGHT TO REMODEL • Lessor reserves the right, without unduly interfering with the use of premises by Lessee, to remodel the exterior and/or interior of the leased premises. Lessor will attempt to the most substantial portion of any remodeling during the months of January, February and March. Lessee is hereby notified of Lessors intent to demolish all structures on the premises and rebuild more modern facilities after January 1, 1998. 15. MAINTENANCE Lessor shall keep the exterior of the premises in good repair. Lessee, at its expense, shall maintain and keep the interior and exterior of the premises clean. Lessee is responsible for painting both the exterior and interior. Lessor must approve the colors. 16. ALTERATIONS OR IMPROVEMENTS Lessee covenants and agrees that it will make no structural alterations, material changes, or additions in or to the leased premises without the written consent of Lessor. All trade fixtures installed by Lessee and removable without structural injury to the building may be removed by Lessee before or at the expiration of this lease provided that Lessee shall repair any damage done to the building in removing such trade fixtures. 17. REASONABLE INSPECTION AND NOTICES Lessor shall have the right to enter the premises at regular business hours to inspect the same to see that the provisions of this lease are being carried out and to post such reasonable notices as Lessor may desire to protect the rights of Lessor against mechanics' liens, provided that such entry and inspection does not unreasonable interfere with the conduct of Lessee's business. 18. SIGNS, AWNINGS, MARQUEES, ETC. Lessee will not construct or place, or permit to be constructed or placed, signs awnings, marquees or other structures projecting from the exterior of the premises, or make any major interior or exterior structural modifications without Lessor's prior written consent hereto. Lessors consent shall not unreasonably be withheld to interior modifications. Lessor shall not unreasonable withhold its consent to exterior signs provided that any such signs are consistent and compatible with the style and scheme of signs for neighboring businesses and not painted upon the building itself. 19. PARKING Lessee, its employees, agents, suppliers and invites are entitled to use the existing two (2) • parking spaces on the premises. Other parking will be available street parking only. 20. PARTIAL DESTRUCTION OF PREMISES If the premises are partially destroyed by fire, flood or calamity or casualty during the term of this Lease, Lessor shall repair them when such repairs can be made in conformity with local, state and federal laws and regulations within ninety (90) days of the partial destruction. Rent for the premises will be reduced proportionally to the extent to which the repair operations interfere with the normal conduct of Lessee's business on the premises. If the repairs cannot be so made within the ninety (90) day time limit, Lessor has the option to make them within a reasonable time and continue this Lease in effect with proportional rental rebate Lessee as provided for herein. If the repairs cannot be so made in ninety (90) days, and if Lessor does not elect to make them within a reasonable time thereafter, either party hereto has the option to terminate this lease. If the building in which the leased premises are located is more than one-third destroyed, Lessor may at its option terminate the Lease whether the portions of the premises actually being used by Lessee are injured or not. 21. SURRENDER OF PREMISES Lessee covenants and agrees that it will, at the termination of the lease, in whatever manner such termination occurs, promptly surrender and deliver such premises to Lessor in good condition , ordinary wear and tear and damage by fire and explosion, tornado, Act of God, or any unforeseen over which Lessee had no reasonable control excepted. • 22. LIABILITY OF LESSEE Lessor shall not be liable for any damage, loss or injury to the person or property or effects of Lessee or any agent, servant, employee or patron of Lessee suffered on, in or about said leased premises unless caused by Lessor or any agent servant or employee of Lessor, and Lessee agrees to indemnify, protect and hold harmless the Lessor against any and all such damages arising out of the negligence of Lessee, its agents, servants or employees. Lessee is not required to indemnify nor to assume the risk of any loss arising out of the defects in the construction of the building unknown to the Lessor or arising out of any known defects which Lessor is required to remedy under the terms hereof. Said defects in the construction of the building unknown to Lessee must be determined within the first full year of said lease by Lessee or said defects become the liability of the Lessee. 23 ASSIGNMENT Lessee shall not voluntarily assign or encumber its interest in this lease or in the premises, or sublet all or any part of the premises, or allow any other person or entity, (except Lessee's authorized representatives) to occupy or use all or any part of the premises without first obtaining Lessor's prior written consent, which consent shall not unreasonably be withheld. 24. INSURANCE Lessee agrees to procure and maintain in force during the term of this Lease and any extenuation thereof, at its expense, public liability insurance by companies and through brokers reasonably approved by Lessor, adequate to protect against liability for damage claims arising through public use of or arising out of accidents occurring in or around the leased premised in a • minimum amount of One Million ($1,000,000) dollars for each person injured or killed, Two Million • ($2,000,000) dollars for any one accident and Fifty Thousand ($50,000) dollars for property damage. Lessee agrees to have Lessor named as an "additional insured," on the policies. Lessee agrees to obtain a written obligation from the insurers to notify Lessor in writing at least ten (10) days prior to cancellation or refusal to renew any such policies. Lessee agrees that if such insurance policies are not kept in force during the entire term of this Lease and any extension thereof, Lessor may procure the necessary insurance, pay the premiums therefor, and that such premiums shall be repaid to Lessor as an additional rent installment for the month following date on which such premiums are paid. 25. SUBJECT TO OVERRIDING LEASE Lessor and Lessee agree that this Lease is a sub -lease for the land and water of the lease between the City of Morro Bay and Martel Maltby dated January 23, 1961, and assigned to the Held Family Trust and extended to December 31, 2003, (Attachment A). Permission to use the house for residential purposes expires on December 31, 1997, however. Lessee acknowledges that additional requirements are made in the overriding lease and agrees to abide by those covenants and conditions as if they were incorporated as part of this lease. Lessor and Lessee also agree that in case of conflict between the provisions of the master lease and this Lease, the provisions of the master lease shall prevail. • 26. MISCELLANEOUS A. Various terms have been used in this Lease without limitations as to number or gender. B. This Lease contains the entire agreement of the parties, supersedes and replaces all prior agreements, and may be modified only in writing signed by all parties or their authorized representatives. C. Each provision and each term of this Lease preformable by Lessee shall be construed both as a condition and a covenant. D. This Lease and terms, conditions and covenants herein contained shall bind and inure to the benefit of the parties hereto, their heirs, successors, executors, administrators and assigns. E. Time is of the essence in this agreement. F. The unenforceablility, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal G. This Lease is not to be recorded. 40 This lease is executed in San Luis Obispo County, California and is effective as the date last shown below. LESSOR: The Held Family Trust Dated: CITY OF MORRO BAY 01117-1- mc W LESSEE: Deborah & Roy Jensen By: KY.UA4 U By:L f4924e1� I RESOLUTION NO. 27-95 RESOLUTION ESTABLISHING A TREE FUND AND POLICY FOR IMPLEMENTATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the environmental and aesthetic values of the urban forest are well recognized; and WHEREAS, the long-term viability of the urban forest depends upon a number of factors including community commitment, appropriate tree species selection, appropriate planting locations, maintenance and care and adequate funding; and WHEREAS, the community of Morro Bay is committed to the fostering and enhancement of the urban forest; and • WHEREAS, it is necessary and desirable to establish a Tree Fund and policies through which to acquire funds to purchase, install and maintain trees in the community with maximum public participation and cooperation to assure to the greatest extent possible the long-term health and viability of the urban forest in Morro Bay. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that a Tree Fund is hereby established; and BE IT FURTHER RESOLVED, said Fund shall accept donations from any and all parties, all funds collected shall be placed in an interest -bearing account designated for the sole and exclusive purpose of purchasing trees for installation in a tree planting program; and BE IT FURTHER RESOLVED, said tree planting program shall be governed by the following policies: 1. The City of Morro Bay Public Works Department shall administer the program; and 2. Funds for materials, labor, maintenance and any and all other costs involved in the program, other than purchasing of trees, shall not be derived from the Tree Fund; and 3. The species of trees employed for the program shall be derived from the Master • Street Tree List and/or the City-wide Recommended Tree List as prepared by the Streets and Trees Committee and/or its successor; and 4. All trees planted by the program shall be planted in and upon public property and rights -of -way; and 5. The program shall be a voluntary program with the participation and cooperation of civic groups, clubs, individuals and similar parties; and 6. Only those proposals for tree planting which provide for the long-term fostering and enhancement of the urban forest of the community, to the greatest extent practicable, shall be considered for funding by the program. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 13th day of March, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: drengr3dreefund • CITY COUNCIL RESOLUTION NO. 26-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND ADOPTING A QUALIFYING RETIREMENT SYSTEM FOR CERTAIN CITY EMPLOYEES WHEREAS, it is determined to be in the best interest of the City of Morro Bay (CITY) and its employees to provide a Qualifying Retirement System to all employees not currently eligible for such a Qualifying Retirement System, thereby meeting the requirements of Section 11332 of the Omnibus Budget Reconciliation Act and Section 3121(b)(7)(F) of the Internal Revenue Code. WHEREAS, the Public Agency Retirement System (PARS), a governmental plan, has made such a System available to the CITY and its eligible employees, and qualifies under California Government Code Sec. 20000 et seq., Section 11332 of the 1990 Omnibus Budget Reconciliation Act (OBRA 90), and meets the meaning of the term "retirement system" as given by Section 218(b)(4) of the Federal Social Security Act; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, • California, as follows: 1) The City Council does hereby adopt the PARS Trust, including the PARS Alternate Retirement System (ARS), effective April 1, 1995, the Effective Date for the benefit of employees on that date and hired thereafter; and 2) The City Council hereby appoints the City Administrator, or the designee of the City Administrator, as the CITY PARS Administrator for PARS, and further authorizes him to implement the Plan. 3) The CITY PARS Administrator is hereby authorized to execute the PARS Adoption Agreement on behalf of the CITY and to take whatever additional actions that are necessary to maintain the participation of the CITY in PARS and to maintain PARS compliance with Section 11332 of the Act and relevant regulations issued or as may be issued. . City Council Resolution 26-95 Page Two PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Mono Bay, on the 13th day of March 1995, by the following vote to wit: AYES: Anderson, Novak, Unger; Yates NOES: Crotzer ABSENT: None LIA. vl r.:..'L i • 2 b.R 0.pokoser ft February 0, 1995 ADOPTION AGREEMENT TO THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS) AND TRUST AGREEMENT EMPLOYER Citv of Morro FEDERAL I.D. # ADMINISTRATOR Dave Howell (Name) ADDRESS City Manager (Title) (Department) 595 Harbor Street (Number and Street) Morro Bay, CA 93442 (City) (State and Zip Code) NAME OF PLAN PUBLIC AGENCY RETIREMENT SYSTEM (PARS) — City of Morro Bay (Agency Name) 0- • F:IUSERS\ANCEIPARSICLIENTS1CmESWORROBAYWA46_1.WK4 02r21/95 PAGE: INTRODUCTION This Adoption Agreement, the provisions of the Public Agency Retirement System (PARS), and the provisions of the PARS Trust of which this Agreement is a part, are hereby adopted by the Employer executing this Agreement for the benefit of Eligible Employees and their Beneficiaries. is This Adoption Agreement is part of the adoption of a new Plan, as provided in Section 2.5 of the PARS Trust. Item 1: EFFECTIVE DATE EFFECTIVE DATE shall mean April 1, 1995. Item 2: ELIGIBLE EMPLOYEE • Item 3: Item 4: A. ELIGIBLE EMPLOYEE shall mean only those Employees who, at any time during which the Employer maintains this Plan, are not accruing a benefit under Social Security or another Retirement System provided and maintained by the Employer which meets the minimum requirements of IRS Regulations of IRC Section 3121 (b)(7)(F). B. ELIGIBLE EMPLOYEE shall include all active employees until termination of employment and inactive employees until their interest in the Plan is distributed. C. ELIGIBLE EMPLOYEE shall exclude all employees exempted under IRC Section 3121 (b)(7)(F). D. ELIGIBLE EMPLOYEE shall include the following: Part-time, Seasonal and Temporary Employees ELIGIBILITY REQUIREMENTS A. SERVICE.REQUIREMENT: An Employee who qualifies as an ELIGIBLE EMPLOYEE under Item 2 above shall be eligible to participate immediately. B. EMPLOYMENT REQUIREMENT: An Employee who terminates employment during the Plan Year shall still be eligible to participate during such Plan Year. COMPENSATION A. COMPENSATION shall mean all compensation for the Plan Year paid or payable in cash by the Employer for personal services by the Eligible Employee. This definition of COMPENSATION shall be subject to the provisions of Article 1.05 of the Plan as well as the further provisions of this Item. B. If elected in this Item, the term COMPENSATION shall be defined as follows W-2 Wages [ ] YES (] NO Base Salary (] YES [ ] NO CALIF. PERS Compensation (] YES [ ] NO CALIF. STRS Compensation []YES [ ] NO Other []YES [ ] NO (define below) Item 5: NORMAL RETIREMENT AGE . NORMAL RETIREMENT AGE shall mean sixty (60) years of age. F:\USERSWINCE\PARS\CUENTSXCmESVAORROBAYW46_1.WK4 02r2ws PAGE. Item 6: NORMAL RETIREMENT DATE NORMAL RETIREMENT DATE shall mean the first of the month coincident with or next following the date on which the Participant attains NORMAL RETIREMENT AGE. Item 7: DEATH AND TOTAL DISABILITY PROVISION �- A Participant's Vesting and distribution rights on the date of his death or "Permanent and Total Disability" will be the same as the Vesting and distribution rights applicable on the date of his attainment of Normal Retirement Age. Item 8: ALLOCATION AND AMOUNT OF CONTRIBUTIONS A. The Employer shall make Employer Contributions in the amount of 1.5 % of each Participant's Compensation. Employer Contributions shall be forwarded to the Trustee to be allocated to each Participant's Employer Contribution Account. B. Each Participant shall make Employee Contributions in the amount of 6.0 % of his Compensation. Employee Contributions shall be forwarded to the Trustee to be allocated to the Participant's Employee Contribution Account. Employee contributions will be "before tax" due to the employer's adoption of IRC Section 414(h) "employer pickup" in the Plan Document. C. All Plan expenses shall be paid out of Plan assets, and shall be allocated as follows: 100 % to the Employer Contribution Accounts, and 0 % to the Employee Contribution Accounts. D. A Participant shall not be permitted to direct the investment of his Employer Contribution Account or his Employee Contribution Account. Item 9: INVESTMENT OF ASSETS Investment of Trust assets shall be governed by the following provisions as indicated by the initials • of the Administrator: A. Yes _No Pursuant to Section 4.1(a)(2) of the Trust, the Administrator hereby appoints the Trustee as the fiduciary with respect to the authority and duty to direct the investment and management of all Trust assets. B. Yes No Pursuant to Section 4.1(a)(2) of the Trust, and subject to the acceptance of the Trustee, the Administrator hereby appoints as the fiduciary with respect to the authority and duty to direct the investment and management of all Trust assets. The following statement of investment policy shall govern the investment of the Trust assets, subject to the acceptance of such assets by the Trustee: C. Yes_ No Pursuant to Section 4.1(a)(2) of the Trust, the Administrator shall remain the fiduciary with respect to the authority and duty to direct the investment and management of all Trust assets. The following statement of investment policy shall govern the investment of the Trust assets, subject to the acceptance of such assets by the Trustee: F:%USERSXANCEIPARSICLIENTSXCmESWORR08AYWA48 1.WK4 02/22/85 PAGE• Item 10: VALUATION DATE VALUATION DATE shall mean the date as of which a valuation is completed. Valuations are done at least monthly and more frequently, at the discretion of the Trustee. 0 Item 11: METHOD OF FUNDING The Plan shall be funded as provided under Section 4.1 of the PARS Plan Document. Item 12: VESTING A. The Participant's Employee Contribution Account shall be 100 % Vested at all times. The Participant's Employer Contribution Account shall be 100 % Vested at Normal Retirement Age, Total Disability or Death. However, notwithstanding anything to the contrary in this Plan, the Participant shall be Vested in his Employer Contribution Account to such a degree and at such a time as to meet the minimum requirements for a retirement system under Section 3121(b)(7)(F) of the Code. B. Yes _X_No_Years of Service with the Employer completed before the Employer maintained this Plan shall be counted to determine the nonforfeitable percentage in such Employee's benefit from Employer Contributions. C. Yes _No_X_Years of Service completed prior to termination of employment shall not be credited to an Employee who terminates employment before satisfying the eligibility requirements in Item 3 of the Adoption Agreement. D. For Vesting purposes, a Participant will be credited with a Year of Participation or Service only if he or she completes at least one Hour of Service during the computation period. E. Benefits shall be vested in accordance with the following: • Yes_X_ No_ A participant transferring to an eligible retirement plan with the same employer shall be 100% vested. Yes_ No_X_ _The schedule shown below shall be used: . Ii . IM (Tv Item 13: PLAN YEAR The PLAN YEAR shall be the period of twelve (12) consecutive months commencing on July 1, and ending on June 30. Item 14: MISCELLANEOUS This Adoption Agreement shall be used only in conjunction with the Public Agency Retirement System (PARS) and the PARS Trust. Executed this day of 1995, at California. Signature of Plan Administrator Title F:XUSERS\ANCENPARSICLIENTS\Cn1ESWORROBAYvAA461.WK4 02/22/95 PAGE P A R S 1 C . 1:iF3ze'v 'i: Public Agency Retirement System IN Y PLAN DOCUMENT City of Morro Bay F:IUSERSILANCEIPARSICUENTSICRIESWIORROBAY%PD47 I.WK4 02ran5 PAGE 1 INTRODUCTION The Public Agency Retirement System Trust has adopted the following Defined Contribution Plan on behalf of affiliated government agencies for the benefit of their employees. It is intended that this Plan meet all requirements for qualification as a profit-sharing plan set forth in the Code as amended from time to time, for governmental plans. If any provision of this Plan is subject to more than one interpretation, such ambiguity shall be resolved in favor of that interpretation which is consistent with this Plan being so qualified. A 0 Copyright 1992 Public Agency Retirement System (PARS) 0 F:WSERSMANCEIPARSICLIENTS%CmESWORRO&AVWD4?_1.WK4 02rMS ., PAGE TABLE OF CONTENTS ►1:a1[N49 I DEFINITIONS q II ELIGIBILITY REQUIREMENTS FOR PARTICIPATION 8 III CONTRIBUTIONS 9 IV INVESTMENT OF CONTRIBUTIONS 13 V VESTING 14 VI DISTRIBUTIONS 15 VII TERMINATION OF EMPLOYMENT 17 VIII DEATH BENEFITS 18 IX ADMINISTRATION 19 X AMENDMENT AND DISCONTINUANCE OF THE PLAN 20 XI MISCELLANEOUS 21 • i u F:\USERSLLANCEvPARS\CUENTSICMESNORROBAYWD/7_1.WK4 01/2YA5 PAGE: ARTICLE I DEFINITIONS 1.01 "Administrator' means the Employer. 1.02 "Adoption Agreement" means the Public Agency Retirement System (PARS) Adoption Agreement. 1.03 "Beneficiary" means any person or persons, other than the Employer or the Trustee, designated by a Participant to receive any distributions under this Plan which may be due upon the Participant's death. The Beneficiary for a married Participant shall be the Spouse of the Participant and may not be changed to someone other than the Spouse unless Spousal Consent is provided. 1.04 "Code" means the Internal Revenue Code of 1986 and amendments thereto. 1.05 (a) "Compensation" means all compensation for the Plan Year paid or payable in cash by the Employer for personal services to an Eligible Employee. This definition of "Compensation" shall be subject to the further provisions of this Article, as well as the additional terms, if any, specified by the Employer in the Adoption Agreement. (b) "Compensation" shall not include any amounts paid or payable by reason of services performed (1) after the date an Employee ceases to be a Participant, or (2) prior to the date an Employee becomes a Participant. 9 (c) "Compensation" shall not include, with respect to any Employee, in any Plan Year (or such other applicable period specifically designated in the Plan), any compensation in excess of $200,000 or such other amount established by the Secretary of Treasury in accordance with Section 401(a)(17) of the Code. In addition, Compensation shall not include any amounts contributed by an Employer, for or on account of Employees, under this Plan or under any other employee benefit plan qualified under the provisions of Section 401(a) of the Code. • (d) For purposes of the Highly Compensated Employee and Family Member definition: (1) Compensation shall mean total compensation as defined herein without regard to contri- butions made under Sections 125, 402(a)(8), 402(h)(1)(B) and, in the case of Employer Contributions made pursuant to a salary reduction agreement, 403(b) of the Code. (2) Compensation paid to a Participant for any Plan Year shall include all Compensation for that Plan Year paid to any Family Member (hereafter defined) who is a Participant in this Plan during such Plan Year. (3) "Family Member' shall mean an Employee who is, on any one day of the Plan Year, a spouse, lineal ascendant, lineal descendant, or a spouse of an ascendant or descendant, including a legally adopted individual, of an individual who during the Plan Year was: (A) an active or former Employee and a five percent (5%) owner within the meaning of Section 416(i)(1)(B)(i) of the Code and the regulations thereunder, or (B) one of the ten most highly -paid Highly Compensated Employees. F:WSERSLLANCE%PARS%CUENTSCmESVAORROBAVWd17 1.WK4 07142A5 - PAGE• 1.06 "Computation Period" means the Plan Year. 1.07 "Determination Date" means with respect to any Plan Year (a) the last day of the preceding Plan • Year, or (b) in the case of the first Plan Year of the Plan, the last day of such Plan Year. 1.08 "Effective Date" means the effective date of this Plan as stated in the Adoption Agreement. 1.09 "Eligible Employee" means any Employee who, at any time during which the Employer maintains this Plan, is not accruing a benefit under another Retirement System provided or maintained by the Employer. This definition of "Eligible Employee" shall be subject to the additional terms, if any, specified by the Employer in the Adoption Agreement. 1.10 "Employee" means any person employed by the Employer on or after the Effective Date of this Plan. 1.11 "Employee After Tax Contributions" means Employee Contributions which are not Pick Up Contributions. 1.12 "Employee Contributions" means contributions made to the Trust by the Participant, or made to the Trust by the Employer on behalf of the Participant as Pick Up Contributions. 1.13 "Employee Contribution Account" means the value of the Participant's interest in this Plan which is attributable to Employee Contributions and Employee After Tax Contributions, determined as of a specified Valuation Date. 1.14 "Employer' means the Public Agency which by means of executing the Adoption Agreement has adopted this Plan subject to the terms of the Trust. 1.15 "Employer Contributions" means contributions made to the Trust by.the Employer on behalf of • the Participant which are not Pick Up Contributions. 1.16 "Employer Contribution Account" means the value of the Participant's interest in this Plan which is attributable to Employer Contributions, determined as of a specified Valuation Date. 1.17 "Hour of Service" means: (a) (1) Each hour for which an Employee is paid, or entitled to payment, for the performance of duties for the Employer during an applicable computation period. (b) (1) Each hour for which an Employee is paid, or entitled to payment, by the Employer (irrespective of whether the employment relationship has terminated) on account of a period of time during which no duties are performed due to vacation, holiday, illness, disability, layoff, jury duty, military duty, or a paid leave of absence during the - applicable computation period. (2) For purposes of paragraph (1) above a leave of absence shall include the absence of an Employee due to pregnancy of the Employee, birth of a child of the Employee, placement of a child with the Employee in connection with the adoption of such child by the Employee or the caring for such child for a period beginning immediately following such birth or placement. If an Employee has already been credited with a sufficient number of Hours of Service during the computation period in which a leave of absence occurs as described in this paragraph (2) in order to avoid a break in service, then such Hours of Service that would have been credited pursuant to this paragraph (2) will be credited to the next immediate computation period. • If the normal number of Hours of Service cannot be determined for an Employee who is on sick leave of absence as described in this paragraph (2) then eight Hours of Service for each day while the Employee is absent shall be used. F:\USERSLLANCePAR=UENTSICMESNORROBAY\PD/7_1.WK/ OZ22t95 - - PAGE: (3) For purposes of this paragraph (b) no more than 100 Hours of Service will be credited to an Employee during any single Computation Period. The crediting of Hours of Service under paragraph (2) will be solely for the purpose of determining whether the Employee has incurred a break in service. . (c) Each hour for which back pay, irrespective of mitigation of damages, is either awarded or agreed to by the Employer. (d) Solely for purposes of determining whether a break in service for participation and vesting purposes has occurred in a computation period, an individual who is absent from work for maternity or paternity reasons shall receive credit for the hours of service which would otherwise have been credited to such individual but for such absence, or in any case in which such hours cannot be determined, eight (8) hours of service per day of such absence. For purposes of this paragraph, an absence from work for maternity or paternity reasons means an absence (1) by reason of the pregnancy of the individual, (2) by reason of the birth of a child of the individual, (3) by reason of the placement of a child with the individual in connection,with the adoption of such child by such individual, or (4) for purposes of caring for such child for a period beginning immediately following such birth or placement. The hours of service credited under this paragraph shall be credited (1) in the computation period in which the absence begins if the crediting is necessary to prevent a break in service in that period, or (2) in all other cases, in the following computation period. 1.18 "Insurer' means any legal reserve life insurance company licensed to do business in the State of California. 1.19 "Inactive Participant' means a Participant who is no longer eligible to participate because he is no longer in the class of Employees eligible to participate under the provisions of Article II. 1.20 "Normal Retirement Age" means sixty (60) years of age. • 1.21 "Normal Retirement Date" means the first of the month coincident with or next following the date on which the Participant attains Normal Retirement Age. 1.22 "Participant' means an Eligible Employee who has received Compensation from the Employer 1.23 "PERS" means the California Public Employees Retirement System. 1.24 "Permanent and Total Disability" means presumably permanent incapacity in accordance with the definition used by the Federal Social Security Act occurring after the Effective Date and resulting in a Participant being unable to engage in any regular gainful employment or occupation by reason of any medically demonstrable physical or mental condition. Such Disability shall be deemed to exist only when written application has been filed with the Employer by or on behalf of such Participant and when such Disability is certified to the Employer by a licensed physician approved by the Employer. Such Disability will not be considered established unless it has continued for a period of not less than six (6) consecutive months. 1.25 "Pick Up Contributions" means Employee Contributions made by the Employer on behalf of the Participant pursuant to Section 414(h) of the Code. Pick Up Contributions shall not, under any circumstances, be paid to the Participant or be directed by the Participant to be paid for any purpose except as Pick Up Contributions to this Plan. The Employer may make Pick Up Conth- t utions through a reduction in salary, an offset against future salary increases, or a combination of the two. 1.26 "Plan" means the Public Agency Retirement System (PARS), a governmental plan as it may from time to time be amended. • 1.27 "Plan Year' means a period of twelve (12) consecutive months as stated in the Adoption Agreement. F:\USERSUANCEXPARS(CLIENT=MESW10RROBAWD47_1.WK4 02=MS PAGE( 1.28 "Public Agency" means a State, a political subdivision of a State, and any agency or instrumentality of a State or political subdivision of a State. • 1.29 "Retirement System" means any plan which meets the requirements for a retirement system under Section 3121(b)(7)(F) of the Code and regulations thereunder. 1.30 "Spousal Consent" means a written election signed by the Spouse to have someone other than the Spouse considered the Participant's Beneficiary in which case such consent must acknowledge the non -Spouse Beneficiary. Such written election shall be witnessed by a Plan representative designated by the Administrator or a notary public and shall acknowledge the effect of such election on the Spouse. 1.31 "Spouse" means the person to whom the Participant is married as of the earlier of the date on which the Participant's benefits commence or the date of the Participant's death. To the extent provided in any qualified domestic relations order a Participant's former Spouse may be treated as the surviving Spouse for purposes of this Plan. 1.33 "STIRS" means the California State Teachers Retirement System. 1.34 "Trust" means the Public Agency Retirement System (PARS) Trust. 1.35 "Trustee" means the trustee of the Trust. 1.36 "Valuation Date" means the last day of the Plan Year. 1.37 "Vest" means to have a nonforfeitable right to the Employer Contribution Account and/or the Employee Contribution Account. 1.38 "Year of Service" means a period of twelve (12) consecutive months coinciding with the Plan isYear. 1.39 As used in this Plan, the masculine shall include feminine and the singular shall include the plural, where applicable. u F:WSERS%ANCEIPARSXCUENTS1CmESWORROBAYWD47 1.NM4 02FM95 PAGE ARTICLE II ELIGIBILITY REQUIREMENTS FOR PARTICIPATION 2.1 Eligibility requirements are determined as stated in the Adoption Agreement. • 2.2 For purposes of determining Years of Service and Breaks in Service for purposes of eligibility, the initial eligibility computation period is based on requirements stated in the Adoption Agreement which shall mean a period of twelve (12) months commencing on the date on which the Employee first performs an Hour of Service. The second eligibility Computation Period shall be the Plan Year which begins within the first eligibility Computation Period, and the third and subsequent eligibility Computation Periods shall be subsequent Plan Years. 2.3 An Eligible Employee will become a Participant immediately upon being hired. 2.4 A Participant of this Plan shall cease to be a Participant for the purpose of accruing further participation credits on the date on which he becomes eligible for another Retirement System, as defined by IRS Section 3121(b)(7)(F) the date employment is terminated because of permanent and total disability, the date on which death occurs, the date of his retirement, or the date of his termination for any other reason. 2.5 (a) In the event a Participant is no longer a member of the eligible class of Employees as provided for in Section 2.1 above and the Adoption Agreement, and becomes ineligible to participate, such Employee will participate immediately upon returning to the eligible class of Employees. (b) In the event an Employee who is not a member of the eligible class of Employees becomes a member of the eligible class, such Employee will participate immediately if such Employee has satisfied the requirements of Section 2.1 and the Adoption Agreement. 2.6 A Participant who is no longer eligible to participate because he is no longer in the class of • eligible employees, but who has not terminated employment with the Employer shall become an Inactive Participant and shall remain such for twenty-four (24) months after which his interest in the Plan will (a) be distributed to him or (b) remain as a plan asset until such time as the participant terminates employment as a result of death, attainment of Normal Retirement Age, or Permanent and Total disability. Selection of (a) or (b) shall be made at the time the Participant ceases to be eligible to participate in the Plan. In the event that no election is made by the Participant by the close of the Plan Year, (a) will be utilized. 119 F:IUSERSLLANCEIPARSZUENTSICITIESNORROBAY\PD471.WK4 02f37/95 PAGE ARTICLE III CONTRIBUTIONS • 3.1 (a) For each month that an Employee remains a Participant under this Plan, the Employer is responsible for and shall make Employer Contributions to the Trust hereunder which shall be credited to the Participant's Employer Contributions Account. The amount of the Employer Contributions to be made for any particular month and with respect to any particular Participant shall be as stated in the Adoption Agreement. (b) For each month that an Employee remains a Participant under this Plan, the Employee is respon- sible for and shall make Employee Contributions to the Trust hereunder which shall be credited to the Participant's Employee Contributions Account. The amount, if any, of the Employee Contributions to be made for any particular month and with respect to any particular Participant shall be as stated in the Adoption Agreement. The employee contribution shall be subject to IRC Section 414 (h) "before tax" employer pickup, if provided for in the Adoption Agreement. 3.2 The Employer may make contributions to the Trust hereunder sufficient to defray the expenses of administering this Plan, including any expense charges or fees of the Insurer under the group annuity contract. In the event of the failure of the Employer to pay such expenses, they shall be charged against the Participants' Employer Contribution Accounts and Employee Contribution Accounts as specified in the Adoption Agreement. 3.3 "Annual Additions" means for any Plan Year the sum of the following amounts credited to a Participant's accounts in all qualified defined contribution plans maintained by the Employer: (a) Employer Contributions (b) Employee Contributions (c) Forfeitures is Solely for the purposes of this paragraph, the Total Compensation for a totally disabled (within the meaning of Section 22(e) of the Code) participant of a defined contribution plan maintained by the Employer is the compensation which the participant would have received for the year if the participant had been paid at the rate of compensation paid immediately before becoming permanently and totally disabled; provided such imputed compensation may be taken into account only if the member is not an officer, an owner, or a highly compensated employee, and only if contributions to the defined contribution plan are nonforfeitable when made. In addition, amounts allocated after March 31, 1984 to an individual medical account, as defined in Section 415(I)(1) of the Code, which are part of a defined benefit plan maintained by the Employer, and amounts derived from contributions paid or accrued after December 31, 1985, in taxable years ending after such date, which are attributable to post -retirement medical benefits allocated to the separate account of a key employee, as defined in Section 419A(d)(3) of the Code, under a welfare benefit fund, as defined in Section 419(e) of the Code, maintained by an Employer, shall also be treated as Annual Additions. 3A Notwithstanding anything to the contrary contained in this Plan, the Annual Additions to a Participant's account for any Plan Year shall not exceed the lesser of the Defined Contribution Dollar Limitation (currently $30,000) for the Plan Year or twenty-five percent (25%) of the Participant's Total Compensation for the Plan Year. The percentage limitation of the preceding sentence shall not apply to any contributions for medical benefits (within the meaning of Section 419A(0(2) of the Code) after separation from service which is otherwise treated as an Annual Addition under Section 415(I)(1) of the Code. Excess annual additions: If as a result of the allocation of forfeitures, or a reasonable error in estimating a Participant's annual compensation, the annual additions under the terms of a plan for a • particular participant would cause the limitations of Section 415 applicable to that participant for the limitation year to be exceeded, the excess amounts shall not be deemed annual additions in that limitation year and shall be treated as follows: FIUSERSllANCEIPARS%CUENT=MES%MORROBAYWD07_7.WK4 02r2=5 _ PAGE (i) The excess amounts in the participant's account shall be allocated and reallocated to other participants in the plan. However, if the allocation or reallocation of the excess amounts causes the limitations of Section 415 to be exceeded with respect to each plan participant for the limitation year, then these amounts shall be held unallocated in a suspense account. If a suspense account is in existence at any time during a particular limitation year, other than the limitation year described in the preceding sentence, all amounts in the suspense account shall be allocated and reallocated to Participants' accounts (subject to the limitations of Section 415) before any employer contributions and employee contributions which would constitute annual additions may be made to the plan for that limitation year. If, in addition to this Plan, the Participant is covered under another qualified defined contribution plan maintained by the Employer, a welfare benefit fund, as defined in Code Section 419(e) maintained by the Employer, or an individual medical account, as defined in Code Section 415 (1) (2), maintained by the Employer, that provides an Annual Addition during any Limitation Year, the Annual Additions that may be credited to a Participant's accounts under this Plan for any Limitation Year will not exceed the maximum amount permitted under Code Section 415 reduced by the Annual Additions credited to a Participant's account under the other Plans and welfare benefit funds for the same Limitation Year. If the Annual Additions with respect to the Participant under other defined contribution plans and welfare benefit funds maintained by the Employer are less than the maximum amount permitted under Code Section 415 and the Employer contributions that would otherwise be contributed or allocated to the Participant's accounts under this Plan would cause the Annual Additions for the Limitation Year to exceed this limit, the amount contributed or allocated under this Plan will be reduced so that the Annual Additions under all such plans and funds for the Limitation Year will equal less than the maximum amount permitted under Code Section 415. If the Annual Additions with respect to the Participant under such other defined contribution plans and welfare benefit funds in the aggregate are equal to or greater than the maximum amount permitted under Code Section 415, no amount will be contributed or allocated to the Participant's accounts under this Plan for the Limitation Year. If the employer maintains, or at any time maintained, a qualified defined benefit plan covering any • Participant in this Plan, the sum of the Participant's Defined Benefit Fraction and Defined Contribution Fraction will not exceed 1.0 for any Limitation Year. For this purpose, the amount of the Annual Addition for any Limitation Year will be reduced to the extent necessary so that the sum of the Defined Benefit Fraction and Defined Contribution Fraction do not exceed 1.0. For purposes of the above, the following definitions will apply: Compensation: All of each Participants's compensation (as that term is defined in Code §415(c)(3)). For any Self -Employed Individual covered under the Plan, compensation will mean Earned Income. Compensation includes only that compensation which is actually paid to, or includible in the gross income of, the Participant during the "applicable period". For this Plaq, except as specified to the contrary elsewhere in this Plan document, the applicable period will be the Plan Year unless applicable law mandates a different period, in which case the applicable period will be such legally required period. The annual compensation of each Participant taken into account under the Plan for any year will not exceed $200,000, as adjusted by the Treasury Secretary at the same time and in the same manner as under Code §415(d), except that the dollar increase in effect on January 1 of any calendar year is effective for years beginning in such calendar year. If the Plan determined compensation on a period of time that contains fewer than 12 calendar months, then the annual compensation limit is an amount equal to the annual compensation limit for the calendar year in which the compensation period begins multiplied by the ratio obtained by dividing the number of full months in the period by 12. • F:WSERSLLANCEIPAR=LIENTS%CmESWORROSAVW047_1.VN(4 02MM5 PAGE 1[ In determining the compensation of a Participant for purposes of this limit, the rules of Code §414(q)(6) will apply, except in applying these rules, "family" will include only the Participant's spouse and any lineal descendants of the Participant who have not attained age 19 before the close • of the year. If, as a result of the application of these rules, the adjusted $200,000 limit is exceeded, then (except for determining the portion of compensation up to the integration level if this Plan provides for permitted disparity), the limit will be prorated among the affected individual's compensation determined under this section before this limit is applied. If compensation for any prior plan year is taken into account in determining the employee's contributions or benefits for the current year, the compensation for such year, is subject to the applicable annual compensation limit in effect for that prior year. Defined Benefit Fraction: A fraction, the numerator of which is the sum of the Participant's projected annual benefits under all the defined benefit plans (whether or not terminated) maintained by the Employer, and the denominator of which is the lesser of 125% of the dollar limit determined for the Limitation Year under Code §415(b) and (d) or 140% of the highest average compensation, including any adjustments under Code §415(b). Notwithstanding the above, if the Participant was a Participant as of the first day of the first Limitation Year beginning after December 31, 1986, in one or more defined benefit plans maintained by the Employer that were in existence on May 6, 1986, the denominator of this fraction will not be less than 125% of the sum of the annual benefits under such plans that the Participant had accrued as of the close of the last Limitation Year beginning before January 1, 1987, disregarding any changes in the terms and conditions of the plan after May 5, 1986. The preceding sentence applies only if the defined benefit plans individually and in the aggregate safisfied Code §415 for all Limitation Years beginning before January 1, 1987. Defined Contribution Dollar Limitation: $30,000 or if greater, one-fourth of the defined benefit dollar limitation of Code §415(b)(1) as in effect for the Limitation Year. • Defined Contribution Fraction: A fraction, the numerator of which is the sum of the Annual Additions to the Participant's account under all the defined contribution plans (whether or not terminated) maintained by the Employer for the current and all prior Limitation Years (including the Annual Additions attributable to the Participant's nondeductible employee contributions to all defined benefit plans, whether or not terminated, maintained by the Employer, and the Annual Additions attributable to all welfare benefit funds, as defined in Code §419(e), and individual medical accounts, as defined in Code §415(1)(2), maintained by the Employer), and the denominator of which is the sum of the maximum aggregate amounts for the current and all prior Limitation Years of service with the Employer (regardless of whether a defined contribution plan was maintained by the Employer). The maximum aggregate amount in any Limitation Year is the lesser of 125% of the dollar limitation determined under Code §415(b) and (d) in effect under Code §415(c)(1)(A) or 35% of the Participant's compensation for such year. If the Employee was a Participant as of the end of the first day of the first Limitation Year beginning after December 31, 1986, in one or more defined contribution plans maintained by the Employer that were in existence on May 6, 1986, the numerator of this fraction will be adjusted if the sum of this fraction and the Defined Benefit Fraction would otherwise exceed 1.0 under the terms of this plan. Under the adjustment, an amount equal to the product of (i) the excess of the sum of the fractions over 1.0 times (ii) the denominator of this fraction, will be permanently subtracted from the numerator of this fraction. The adjustment is calculated using the fractions as they would be computed as of the end of the last Limitation Year beginning before January 1, 1987, and disregarding any changes in the terms and conditions of the Plan made after May 5, 1986, but using the §415 limitation applicable to the first Limitation Year beginning on or after January 1, 1987. is F:IUSERS%IANCEIPARS%CLIENT=MESMORRORAY1PD47 1.wK4 02WA5 - r.. PAGE 11 Employer: For purposes of this Article, Employer will mean the Employer that sponsors this Plan, and all members of a controlled group of corporations (as defined in Code §414(b) as modified by §415(h), all commonly controlled trades or businesses (as defined in §414(c) as modified by §415(h) or affiliated service groups (as defined in §415(m) of which the Employer is a part, and •. any other entity required to be aggregated with the Employer pursuant to regulations under §414(o). 3.5 If the Plan's vesting schedule is amended or the Plan is amended in any way that directly or indirectly affects the computation of a Participant's nonforfeitable percentage, or if the Plan is deemed amended by an automatic change to or from a top-heavy vesting schedule, each Participant with at least three years of service with the Employer may elect within a reasonable period after the adoption of the amendment or change to have his nonforfeitable percentage computed under the Plan without regard to such amendment, or change. Election period. The period during which the election may be made will begin with the date the amendment is adopted or deemed to be made and will end on the latest of: (i) 60 days after the amendment is adopted; (ii) 60 days after the amendment becomes effective; or (iii) 60 days after the Participant is issued written notice of the amendment by the Employer or Plan Administrator. • F:\USERSLLANCE\PARSICLIENTSTMES\MORROBAYWD47 1.WK4 MUMS 1 � PAGE 1 ARTICLE IV INVESTMENT OF CONTRIBUTIONS 40 Valuation of Accounts 4.1 For the purpose of funding this Plan, the Employer will provide the Trustee with written direction on how to invest assets consistent with this Article IV. Alternatively, at the option of the Employer, and with the written consent of the Trustee the Employer may delegate to the Trustee the authority to determine how the assets of the Plan will be invested, consistent with the terms of this Plan and accompanying Trust. 4.2 The Trustee may invest some or all of the contributions in an investment contract issued by an insurance company licensed to do business in California with a rating of A+ or better awarded by Standard and Poor's Corporation's Insurer Solvency Review, or in any fund whose principal is guaranteed by the Federal Deposit Insurance Corporation. Such investment to be made shall be made at the direction of the Employer, or at the discretion of the Trustee if a valid delegation of investment decision has been provided to the Trustee by the Employer pursuant to Section 4.1. 4.3 Any group investment contract shall provide for separate accounting of each Participant's Employer Contribution Account and Employee Contribution Account. 4.4 The value of a Participant's Employer Contribution Account and Employee Contribution Account shall be determined at least annually on a date herein referred to as a Valuation Date. As of each Valuation Date the trustee shall determine the amount of interest adjustment credited to the total of all assets held for Employer Contribution Accounts and Employee Contribution Accounts during the period since the preceding Valuation Date. The total interest adjustment shall be allocated among all of the active individual Participant and Inactive Participant accounts within each such classification as of the current Valuation Date. The assets of the Trust will be valued annually at • fair market value as of the last day of the Plan Year. On such date, the earnings and losses of the Trust will be allocated to each Participant's Account in the ratio that each Account Balance bears to all Account Balances. 4.5 Contributions to the Trust Fund in an amount, and for a period, which are reasonable in the discretion of the Trustee, shall be deposited in an interest -bearing account, which may be an interest bearing account of the Trustee. n F:IUSERSUMCEIPARS%CLIENT=MESWORROBAY%PD47_1.WK4 02q=5 PAGE 1: ARTICLE V VESTING 5.1 (a) Each Participant shall be Vested in his Employer Contribution Account as provided in the • Adoption Agreement. (b) Each Participant shall be one hundred percent (100%) Vested in his Employee Contribution Account at all times. 5.2 Any Participant who terminates his employment with the Employer prior to his Normal Retirement Date and who does not meet the requirements under Section 5.1(a) and the Adoption Agreement above shall lose all rights to the balance of his Employer Contributions Account accrued prior to such date. 5.3 No change to a Vesting Schedule contained in this Article V and the Adoption Agreement shall deprive a Participant of his nonforfeitable right to his Employer Contributions Account prior to the adoption of the change. If the Vesting Schedule of this Plan is amended, each Participant with at least five (5) Years of Service with the Employer prior to the adoption of the change, may elect within a reasonable time after the adoption of the change to have his nonforfeitable percentage computed under the Plan without regard to the change. • F:UISERSLLANCE%PARSICLIENTS1CmESVAORRO13AYWD/7 1.WK/ 02rMs PAGE 14 ARTICLE VI DISTRIBUTIONS 6.1 A Participant who terminates his employment by reason of death, the attainment of Normal Retirement Age or Permanent and Total Disability shall be entitled to one hundred percent (100%) of the sum of his Employer Contribution Account and his Employee Contribution Account, valued as of the Valuation Date coincident with or next following the actual date of distribution. The sum to which such a Participant is entitled shall be distributed in accordance with the further provisions of this Article. 6.2 In the event that the termination of a Participant is caused by his death, his Beneficiary shall be paid his entire benefit in the Plan in one lump sum. 6.3 If the sum to which the Participant is entitled is less than $3,500, it shall be distributed to the Participant as a single sum. If the sum to which a Participant is entitled is $3,500 or greater it will also be distributed in the form of a lump sum, but such distribution may not be distributed to the Participant prior to his Normal Retirement Date without his consent. 6.4 A Participant may continue in employment beyond his Normal Retirement Date to a deferred retirement date which may be the first day of any month subsequent to his normal Retirement Date. A Participant who terminates his service on or after his deferred retirement date shall be entitled to one hundred percent (100%) of the sum of his Employer Contribution Account and his Employee Contribution Account, revalued as of the Valuation Date coincident with or next following the actual date of distribution. The Account shall be distributed in accordance with the further provisions of this Article. 6.5 The interest in the Plan of an Inactive Participant shall be distributed to him at the end of a period of 24 (twenty four) months during which he has received no contributions to his accounts • in this Plan, as provided in Article 2.6. 6.6 An Employee who is a Participant in this Plan will have his entire interest in this Plan distributed in accordance with Section 401(a)(9) of the Code. A Participant's entire interest in this Plan will be: (a) Distributed commencing not later than the required beginning date (in accordance with Internal Revenue Service regulations) and must be made over one of the following periods (or a combination thereof): (1)the life of the Participant, (2)the lives of the Participant and a designated Beneficiary, (3)a period not extending beyond the life expectancy of the Participant, or (4)a period not extending beyond the life expectancy of the Participant and a designated Beneficiary. (b) Distributed over a period specified in (a) (3) or (4) above, or over a period not extending beyond the life expectancy of the designated Beneficiary. (c) Except as provided below, the required beginning date for purposes of this Section shall be the April 1 st of the calendar year following the later of: (1)the calendar year in which the Participant attains age 70 1/2 or, • (2)the calendar year in which the Participant retires. F:%USERSXANCEWARSZLIENTS1CmESVNORROBAY%PD47_1.WK4 02r2M5 PAGE 15 (d) For purposes of this Article VI, life expectancy of the Participant and life expectancy of the Participant and designated Beneficiary will be computed using the return multiples contained in Section 1.72-9 of the Income Tax Regulations. A Participant's life expectancy (and his Spouse's life expectancy) may not be recalculated. • (e) Distribution of a Participant's interest in this Plan will be made in accordance with Section 401(a)(9) of the Code and the provisions of such Code section will supersede any provision in this Plan which may be inconsistent with such Code section. (f) If distribution is considered to have commenced in accordance with the Regulations before the Participant's death, the remaining interest will be distributed at least as rapidly as under the method of distribution being used as of the date of the Participant's death. 6.7 Distributions made to a Participant's designated Beneficiary under this Plan shall be incidental to the primary purpose of providing benefits to Participants and such distributions will be made in accordance with Section 401(a)(9) of the Code. 6.8 Anything in this Plan to the contrary notwithstanding, the Participant shall not have the right to elect to have all or part of his interest in this Plan, which would otherwise become available to him during his lifetime, paid only to his Beneficiary after his death. 6.9 In no event shall the distribution date of a Participant who becomes entitled to benefits under this Plan be later than 60th day after the close of the Plan year in which the latest of the following events occurs: (a) The Participant reaches his Normal Retirement Date; (b) The Participant qualifies for Permanent and Total Disability; (c) The Participant terminates employment with the Employer, Notwithstanding the above, a Participant may make written application to the Administrator for a • distribution date which may be the first day of any month subsequent to the latest date specified in (a), (b), or (c) above but in no event will such date be later than the required beginning date specified in this Article. - 6.1 A Participant who becomes eligible for another retirement system as defined by IRC Section 3121(b)(7)(F) or Social Security provided by his employer but does not terminate employment with the Employer shall become an Inactive Participant. 10 F:%USERSLLANCEIPARS%CLIENTS1Cn1ESV.tORROBAV1PD47 1.VJK4 02/22MS PAGE 1E ARTICLE VI TERMINATION OF EMPLOYMENT 7.1 A Participant who terminates his employment by reason of death, the attainment of Normal Retirement Date or Permanent and Total Disability shall be entitled to one hundred percent (100%) of the sum of his Employer Contribution Account and his Employee Contribution Account, valued as of the Valuation Date coincident with or next following the actual date of distribution. The sum to which such a Participant is entitled shall be distributed in accordance with the further provisions of this Article. 7.2 Upon the Participant's termination of employment with the Employer his Vested interest in this Plan shall be determined in accordance with Article V of this Plan. 7.3 (a) If upon the Participant's termination of employment his Vested interest in this Plan is less than $3,500, it shall be distributed immediately to the Participant as a single sum. If the sum to which a Participant is entitled is $3,500 or greater it will also be distributed in the form of a lump sum, but such distribution may not be distributed to the Participant prior to his Normal Retirement Date without his consent. (b) If upon the Participant's termination of employment his Vested interest in this Plan is $3,500 or more, a distribution it will be paid immediately unless the Participant requests that payment made at his Normal Retirement Date. 7.4 If a Participant other than a part-time, seasonal or temporary employee terminates his employment with the Employer and is not fully Vested in his Employer Contribution Account on his date of termination, he shall forfeit that portion of his Employer Contribution Account in which he was not vested as of the Valuation Date next following. Any amounts so forfeited shall be applied to reduce future Employer Contributions made under this Plan. E U F:\USERSUANCEIPARSICLIENTSICITIESNAORROSAYIPD47 I.WK4 02/22/95 PAGE I� ARTICLE VIII DEATH BENEFITS 8.1 If a married Participant dies prior to receiving his interest in this Plan, his spouse shall become • Beneficiary. If unmarried, his estate shall be the beneficiary unless otherwise evidenced by a written instrument. 8.2 At any time, and from time to time, each F - -ipant, retired Participant, disabled Participant or terminated Participant shall have the right :esignate ::;e Beneficiary to receive the death benefits to which he is entitled hereunder. The Beneficiary for a married Participant shall at all times be the Spouse of the Participant and may not be changed to someone other than the Spouse unless Spousal Consent is provided. Each such designation for death benefits shall be evidenced by a written instrument filed with the Administrator and signed by the Participant. If no such designation is on file with the Administrator at the time of the death of the Participant, or if for any reason at the sole discretion of the Administrator such designation is defective, then the Spouse of such Participant shall be.conclusively deemed to be the Beneficiary designated to receive such benefit. • U F:IUSERSMANCEWARSICUENTSICmESWORROBA"D47 1.WK4 02'..::! PAGE ARTICLE IX ADMINISTRATION • 9.1 The Employer is the Plan Administrator under this Plan within the meaning of the Employee Retirement Security Act of 1974 (ERISA), as applicable to governmental plans and as amended from time to time, and shall supervise and control the operation of this Plan in accordance with its terms and may make rules and regulations for the administration of this Plan which are not inconsistent with the terms and provisions hereof. 9.2 The Employer shall see that books of account are kept which shall show all receipts and disbursements and a complete record of the operation of this Plan, including records of the Accounts of individual Participants. The Administrator shall be responsible for the preparation, submission, and/or publication of all reports, descriptions, and forms which may be required for this Plan to conform to the applicable provisions of the Code. 9.3 In any case where the provisions of this Plan require the consent or approval of the Employer or Administrator of an election or request made by an Employee, Participant, or Beneficiary, in order to make such election or request effective, the Employer shall act on such election or request as promptly as shall be reasonable in the circumstances. In any case where action by the Insurer under the group annuity contract is necessary in order to make operative an effective election or request made by an Employee, Participant or Beneficiary, it shall be the responsibility of the Employer to transmit such election or request to the Insurer in writing and as promptly as shall be reasonable in the circumstances. The Insurer shall not be obliged to take action under the group annuity contract with respect to any particular election or request unless the Insurer shall have received the election or request in such form and detail as shall be reasonably required by the Insurer. 9.4 The Employer in interpreting any provision of this Plan or in making any judgment or • determination with respect to any person hereunder will apply uniform rules in a like manner to all persons under similar circumstances. 9.5 If an application or a claim for benefits under this Plan has been filed with the Administrator by a Participant or Beneficiary (claimant), the Administrator must decide within 90 days (an additional 90 days may be granted if proper notice is given to the claimant indicating the special circum- stances requiring an extension prior to the termination of the initial 90-day period) whether to pay benefits. If the claimant does not receive any answer from the Administrator within 90 days or in 180 days (in special instances) the claim for benefits shall be considered to have been denied. The Administrator shall provide the claimant with a written explanation for the denial of benefits in language calculated to be understood by the Participant citing pertinent provisions of the Plan, an explanation of the Plan's claim review procedure with appropriate forms for the claimant's use in submitting his claim, and a description of any information necessary for the claimant to perfect the claim. F:IUSERSLLANCEIPARS�CLIENTSICITESWORROSAY1PD47 1,wK4 02r2M5 PAGE 1S ARTICLE X AMENDMENT AND DISCONTINUANCE OF THIS PLAN 10.1 While the Employer expects to continue this Plan indefinitely, it necessarily reserves the right to • amend this Plan at any time. No such amendment shall, however, deprive any Participant or Beneficiary of any benefit previously vested in him under this Plan. Irrespective of any amendment, no part of the assets held under this Plan shall ever revert to the Employer or be used for or diverted to any purpose other than for the exclusive benefit of the Participants. 10.2 It is expressly understood, however, that the power of the Employer to amend this Plan is subject to this Article, and that no amendment shall be made which would: (a) deprive any Beneficiary of a then deceased Participant of the right to receive the benefits to which the Beneficiary may be entitled hereunder, (b) deprive any Participant of the benefits to which he is entitled hereunder, (c) deprive any Participant of any of the proportionate interest in this Plan to which he would be entitled were he to terminate employment on the date of such amendment, (d) eliminate or reduce an early retirement benefit or retirement type subsidy (as defined in regulations), or (e) eliminate an optional form of benefit, except to the extent it may be required to qualify, or as a condition of continued qualification of this Plan, under Section 401 of the Code. 10.3 This Plan shall be permanent and discontinued upon written notice to the Trustee by the Employer. A complete discontinuance of contributions by the Employer shall be deemed a discontinuance of • this Plan. 10.4 If this Plan is terminated, partially terminated, or suspended, or if Employer Contributions to this Plan are permanently discontinued, further contributions to this Plan shall thereupon cease and all credits to the Account of Participants and former Participants who are affected by such termination, partial termination, or suspension shall become one hundred percent (100%) vested. Any forfeitures which shall have occurred in accordance with Article VII. Section 7.3 hereof prior to reduce Employer Contributions hereunder shall be distributed pro -rats among the Accounts of those Employees who were Participants on the effective date of the termination of this Plan. 10.5 In the event the Employer decides it is impossible or not advisable to continue to make its contributions as herein provided, the Employer shall have the power to terminate this Plan through appropriate resolutions. 10.6 This Plan may not be merged or consolidated with any other plan, nor may any assets or liabilities of this Plan be transferred to any other plan unless each Participant in this Plan would (if such Plan had then terminated) receive a benefit immediately after such merger, consolidation or transfer which is equal to or greater than the benefit he would have been entitled to receive immediately before such merger, consolidation or transfer (if this Plan had then terminated). F:%USERS\ ANCE%PARS\CLIENTS�CmESWORROBAY%PD47_1.WK4 ozams ARTICLE XI MISCELLANEOUS 11.1 Inclusion in this plan shall not be construed as giving the Employee any right to be retained in the service of the Employer without its consent, nor shall it interfere with the right of the Employer to discharge the Employee, nor shall it give the Employee any right, claim or interest in any retirement benefits herein described except upon fulfillment of the provisions and requirements of this Plan. 11.2 (a) To the maximum extent permitted by law, the benefits or payments herein provided shall not in any way be liable to attachment, garnishment or other process, or be seized, taken, appropriated or applied by any legal or equitable process, to pay any debt or liability of any Participant. Except as otherwise permitted by law or an order, decree or judgment issued pursuant to a Qualified Domestic Relations Order, benefits or payments under this Plan may not be assigned. In the event of any conflict between provisions of this Plan and the terms of any description issued in conjunction with the Plan, the provisions of this Plan shall control. (b) For purposes of this Plan a "Qualified Domestic Relations Order' means a domestic relations order (as specified below) which creates or recognizes the existence of an alternate payee's (any Spouse, former Spouse, child or other dependent of a Participant) right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable to a Participant under this Plan. A domestic relations order means any judgment, decree or order (including approval of a property settlement agreement) which relates to the provision of child support, alimony payments, or marital property rights to a Spouse, former Spouse, child or other dependent of a Participant and is made pursuant to a state domestic relations order. Such order (a) must clearly specify (1) the name and last known mailing address (if any) of the Participant and the alternate payee covered by the order, (2) the amount or • percentage of the Participant's Account to be paid by the Plan to each alternate payee, or the manner in which such amount or percentage is to be determined, (3) the number of payments or period to which such order applies, and (4) the name of each Plan to which such order applies, and (b) must not require (1) the plan to provide any type or form of benefits, or any option, not otherwise provided under the Plan, or (2) provide increased benefits, and (3) the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another order previously Qualified Domestic Relations Order. The provisions relating to the establishment of a Qualified Domestic Relations Order and the payment of any benefits to an alternate payee shall be applied in the method and manner which is consistent with Section 414(p) of the Code. 11.3 (a) This secton applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the plan administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (b) Definitions (i) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the • distributee and the distributee's designated beneficiary, or for a specified period ten years or more; any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). F:IUSERSLLANCEIPARSICLIENTSICITIESIMORROaAVWD47_1.WK4 02/22/95 PAGE 21 (ii) Eligible retirement plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (iii) Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (iv) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Executed this _ day of , 1995, at Signature of Plan Administrator Signature of Trustee E • F:%USERSIINNCE%PARSXCUENTSXCmESVAORRORAYU2D47_1.WK4 02rQn5 PAGE 2: 7 S I _ M 3 February 22, 1995 Dave Howell City Manager City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 Subject: PARS Alternate Retirement System (ARS) retirement plan for Part-time, Seasonal, and Temporary Faculty Employees dated April 1, 1995 Dear Mr. Howell: We are pleased to have the opportunity to serve as your consultants. We are committed to providing efficient and responsive services to our client agencies in a professional relationship based on mutual • trust, confidentiality, and prompt and candid communication. In that spirit, this letter sets forth our agreement with you regarding the services we will provide and our billing practices under this engagement. Services We will provide the services necessary for the installation and administration of the subject plan. Installation In the installation phase, the necessary services include: 1. Meeting with appropriate District personnel to discuss plan provisions, implementation timelines, benefit communication strategies and data reporting and contribution requirements; 2. Providing the necessary analysis and advisory services to finalize these elements of the plan; 3. Providing for review by District legal counsel the documentation needed to establish the plan; and 4. Preparing and submitting application to the Internal Revenue Service for a determination that the plan is qualified. 50 East Seventeenth Street • Suite 212 • Costa (Mesa. California 92627 (714) 631-6369 • FAX (714) 631-2063.1-800-540-6369 (outside 714 Area Code) Dave Howell City of Morro Bay February 22, 1995 Page 2 of 4 .. Administration In the administration phase, the necessary services include: 1. Monitoring the receipt by the trustee of plan contributions remitted by the District; 2. Coordinating distribution payments to participants (which shall be made by the trustee at the direction of the District), including the provision of required tax filings in regard to these payments, and acting as on -going liaison (via toll -free telephone) between the participant and the District; 3. Performing a monthly accounting of contributions, distributions, expenses and investment earnings; 4. Preparing and submitting periodic reports of non-contributing participants to the District; 5. Preparing and submitting an annual report to the District; 6. Preparing and submitting the annual report to the State Controller's Office including the required certified audit; and 7. Advising the District of on -going compliance and qualification requirements. Phase II Systems is not licensed to provide and does not offer tax, accounting, legal or actuarial advice. In providing the services specified above, we will retain qualified professional service providers at our cost as we deem necessary if the service lies outside our area of expertise. Fees Our fees for the services specified above will be as follows: 1. Consulting Fee 2% of contributions 2. Monthly Base Charge $50.00 3. • 4. Termination Fee (per terminated participant) $6.00 Dave Howell City of Morro Bay February 22, 1995 Page 3 of 4 Our fees will be billed to the trustee as contributions are made by the District, and it will be the responsibility of the trustee to pay those fees from the assets of the plan. The fees specified above represent all customary and usual expenses relating to the operation of the specified plan, with the exception of fees charged by the trustee and the Investment Manager. Trustee fees are currently 0.12% of contributions and are guaranteed for three years commencing August 1, 1994. In the Event of Suspension of Contributions Our fees are determined on the understanding that the District will make continuous contributions to the plan on a regular basis no less frequently than annually. In the event annual contributions are suspended, either temporarily or permanently, prior to the complete discharge of all obligations to provide payments to participants in the subject plan, we reserve the right to bill the trustee for our services at the rates indicated in our standard fee schedule in effect at the time the services are provided. Before any such services are performed, we will provide the District with written notice of the services to be rendered and an estimate of the fees we will charge. • Fees for Services Beyond Scope Charges for services beyond those specified in this letter will be billed to the trustee at the rates indicated in our standard fee schedule in effect at the time the services are provided. Before any such services are performed, we will provide the District with written notice of the services to be rendered and an estimate of the fees we will charge. Because of the proprietary nature of the services provided, it is our policy that the District and its employees r and representatives not disclose any information relating to the subject plan to individuals who are not employed by the District without the prior written consent of Phase II Systems. This restriction is made a part of this agreement. Term of Agreement This agreement shall remain in effect for a one-year period beginning July 1, 1994 and ending June 30, 1995. This agreement will continue unchanged for successive twelve month periods beginning on July 1, 1995 unless either party gives written notice to the other party of the intent to terminate prior to April 1 of the year in which the agreement is to terminate. 0 Dave Howell City of Morro Bay February 22, 1995 Page 4 of 4 �. Our billing practices reflect our commitment to deal fairly with our client agencies in this as in all other aspects of our relationship. We are pleased to be retained as your consultants, and we look forward to providing our services to you on a basis that is mutually satisfactory. Please sign and return the enclosed extra copy of this letter to signify your agreement regarding the matters covered by this letter. PARS Trust Administrator The foregoing letter fully describes the services required and is in accordance with our understanding of the services to be provided and the fees to be billed by Phase II Systems. By: Date: Dave Howell, City Manager City of Morro Bay • f:\users\lance\pars\clients\cities\morrobay\eng48_O.wk4 0 RESOLUTION NO.25-95 RESOLUTION DECLARING WEEDS A NUISANCE AND POTENTIAL FIRE HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT THE CITY COUNCIL City of Morro Bay, California BE IT RESOLVED that the City Council of the City of Morro Bay does hereby act in accordance with Chapter 8.12 of the Morro Bay Municipal Code by declaring weeds a public nuisance and potential fire hazard, and hereby authorizes the Public Works Department to take the necessary steps to implement this year's Weed Abatement Program; and BE IT FURTHER RESOLVED that a public hearing shall be held by the City Council of the City of Morro Bay on May 8, 1995 at 6:00 in the Morro Bay Veterans Hall to hear comments from individuals who received notice to abate their parcels. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 13th day of March, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGET AUER, City Clerk dr mgrg3:re 25-95 • RESOLUTION NO. 24-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ENDORSING THE GOALS AND EFFORTS OF "GANGS OUT" T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State of California has defined a gang as "an on -going organization or group of three or more persons, whether formal or informal, having as one of it's primary activities the commission of illegal offenses and has a common name or common identifying symbol; and WHEREAS, communities throughout San Luis Obispo County have experienced and observed the emergence of gangs and gang activity; and WHEREAS, according to San Luis Obispo County's 1994 Grand Jury report on gangs, the sheriff's gang task force has seen an increase in gang membership "from 411 on January 1, 1993 to 691 on April 1, 1994; and • WHEREAS, during this same time period "the number of gangs in -county increased from 25 to 43; and WHEREAS, the County's Grand Jury report further notes that "public resources and community involvement will be essential to reduce and ultimately eradicate the growing criminal activities of gangs in our county; and WHEREAS, "Gangs Out" (G.O.) is a new citizens organization whose mission is "to rid [our] communities of gang violence and crime, to prevent the spread of gang activity, and to provide youth with alternatives to gang membership"; and WHEREAS, G.O. plans on establishing chapters of the organization in Paso Robles, Atascadero, San Luis Obispo, Five Cities, Nipomo, Los Osos, and Morro Bay; and WHEREAS, G.O. will encourage these communities to adopt and implement uniform policies and procedures to pro -actively address the issue of gangs; and WHEREAS, G.O. will further strive to: support effective law enforcement and prevention programs, sponsor community educational forums, and network with community based organizations such as schools, churches, and service clubs. E • Resolution No. 24-95 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, hereby acknowledges the emerging gang problem in San Luis Obispo County and recognizes the need for community involvement to address it; and BE IT FURTHER RESOLVED that the City of Morro Bay recognizes the value of the Gangs Out Organization and supports the goals in which it has set out to achieve. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of February, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: &4�4 BRIDGETT AUER, City Clerk Gangs Out (GO), a San Luis Obispo County -Wide Organization MISSION STATEMENT, STANDING RULES AND STRUCTURE Gangs Out is a San Luis Obispo County -wide organization determined to rid its communities of gang violence and crime, to prevent the spread of gang activity, and to provide youth with alternatives to gang membership. Each community needs a local GO chapter. These can enhance local awareness, work with their own "at risk" pre -gang youth, inform local law enforcement agencies of problems and offer solutions to local public agencies. GO will help organize specific communities, encourage preventative programs, educate the public through both speakers and written material, encourage successful law enforcement programs, encourage public agencies to increase support for law enforcement, and encourage courts to be tough on convicted criminals. A. ORGANIZATIONAL STRUCTURE OF THE CENTRAL BOARD There is a Central Board of Directors made up of a President, Vice-president, Secretary, • Treasurer, Past -President ( to be added after the first year) and additional members who are the elected chair of community based GO chapters as listed on page 3, item b. Each board member will report to the President of the Board. He or she is responsible for providing the human, fiscal, and community resources required to enable and enhance the capacity of the organization to achieve it's goals. Board members are also responsible for providing the expertise and guidance required to conduct the organization's affairs. Specific Duties: 1. Make a serious, long-term commitment toward the elimination of gangs and gang related activity within our community 2. Understand the goals, policies, and programs of the organization. 3. Attend Board meetings and participate in the policy -making decisions of the Board. 4. Participate actively on one or more of the Board's committees suited to a member's interests and skills and to provide assistance on an individual basis to the organization's staff in areas of personal expertise. 0 5. Foster the organization's approach to solving the problem of gang activity in other spheres of influence where members have leadership responsibilities. MEETINGS OF THE CENTRAL BOARD: 1. Central Board meetings will be held no less than monthly at a location and time to be announced. 2. Meetings will be conducted by following Roberts Rules of Order. 3. There will be a published agenda and minutes for each meeting will be taken. 4. The Central Board will have the right to amend the By -Laws as deemed appropriate and by using proper parliamentary procedure except as precluded by law. 5. There will be an attendance policy. An excused absence will occur when timely notice is given to one of the officers, without need for explanation, of an inability to attend. Four consecutive excused absences will cause the board to assess the effectiveness of that board member and an appropriate replacement might be considered. • Three unexcused absences ( failing to communicate with any other Board member) in a 12 month period will result in a letter to that Board member notifying him or her of their termination on the Board. Vacancies on the Executive Board created by the removal of a board member for cause shall be filled by the Central Board. FUNDS: There will be an annual fee, as determined by the Board, for membership in the community -wide GO organization. All dues are payable in September for the following calendar year. All dues revenue will be deposited into a bank account and reports of income and expenditures will be submitted by the Treasurer at each Board meeting. There shall be only one bank account for the Central Board and all chapters. Such revenue will support the news letter and other publications originating out of the Central Organization for county -wide distribution. Revenues can be allocated for other activities as approved by the Central Board. NEWS LETTER: There will be a quarterly newsletter circulated to the entire membership. All articles from participating communities and various committees will be sent to the PO Box in a timely • manner. The newsletter will regularly contain a President's statement, editorial, community success stories, book reviews, legislative news, law enforcement articles and statistics, and judicial reports. There will be an effort to generate additional support for the newsletter through advertisements by local merchants. COMMITTEES OF THE CENTRAL BOARD: The following committees shall exist: 1. Publication Committee - publishes the by -monthly newsletter and brochures 2. Public Relations- Maintains a Speakers Bureau, clears all information to be released to the media 3. Liaison Committee - Coordinates and communicates with other local volunteer organizations that share our concerns, serves as inter -agency coordinator with the Sheriff, District Attorney, Judges, Probation Department and Municipal Police departments. 4. Membership - Recruits members, computerizes and tabulates membership information • to be distributed back to the community level 5. Judicial - Monitors the disposition of defendants convicted of gang related crimes and reports findings to the Publication Committee. 6. Legislative Committee - Monitors the meetings of City Councils and County Supervisors, reports observations to the Publication Committee. Lobbies these bodies for GO positions. Notifies membership of important meetings as part of the lobbying efforts. 7. Research Committee - Investigates prosecution and preventative approaches used in other regions of the country. Encourages the systematic collection of gang statistics in all cities in the county. Coordinates with the Community Prevention Committee. 8. Fiscal Analysis - Analyze budgets of various government entities and make recommendations for effective lobbying of membership. 9. Education Committee - Disseminate information to local GO chapters, community organizations and other interested groups. Coordinates educational seminars related to the purposes of GO. 0 B. COMMUNITY CHAPTERS: There will be established in: Five Cities, San Luis Obispo, Nipomo, Los Osos, Paso Robles, Morro Bay, and Atascadero "community based" GO chapters. Each local GO chapter will have the following elected officers: President, Vice-president, Past -president (after the first year), Secretary, Treasurer, and committee chairmen. The President or his/her designee shall serve on the Central Board for a minimum term of one year. Each local GO chapter will. follow Roberts Rules of Order Each local GO chapter will meet no less than monthly. An Annual Meeting of the general membership will take place each September on the 3rd Thursday for the purpose of election of officers. At that time each chapter will make a report of the prior year's activities. The Secretary will take minutes at each meeting and make them available prior to the next meeting. A copy of said minutes will be forwarded to the Secretary of the Central Organization. • The Treasurer will keep an accounting of all funds raised and all expenditures made. A Treasurer's Reportwill be made available at each meeting and a copy will be submitted to the Central Board monthly. All funds raised at the chapter level will be deposited into the bank account which shall be credited into segregated line items for the particular chapter. Funds raised by each chapter shall be primarily for the benefit of that chapter. The Central Board can, upon approval of the chapter, access chapter funds. Chapters can request funds from the Central Board for the benefit of the chapter. The Treasurer shall be responsible for the method of dispersal. The primary purpose for this process is to maintain strict accounting practices for Non - Profit Status. Each local GO chapter will maintain the following committees: 1. Prevention Committee - With close communication and exchange of information with the chairman of the Central Committee chair, identifies nationwide preventative programs. Encourages implementation of effective preventive programs tailored to each community. 2. Schools Committee - Specifically addresses the problem of gangs on school campuses. Increases the awareness of school officials and parent organizations to the gang problem in their area. Encourage the adoption of school discipline and dress codes which would discourage gang identification and expansion. 3. Membership - Recruit members and helpers. The central Organization will make available computerized membership and demographic information at regular intervals. 4. Law Enforcement - be attuned to local gang activity and law enforcement response to same. 5. Phone Tree Committee - implemented to coordinate urgent lobbying activities and making calls to appropriate individuals. In time a need for other committees may arise and some existing committees may become obsolete.The main objective of each committee is to study the best information obtainable for clues to arriving at solutions to specific local and county -wide gang related problems. The organized exchange of information is the glue that binds GANGS OUT into a moving and cohesive force in our County. • Each local committee chair will liaison directly with the corresponding chair of the Central Board's committee of the same name. From time to time all local committee chairs of the same category will meet to exchange ideas and information. This is very important because of the great diversification of interests and populations represented within San Luis Obispo County. 0 • CITY COUNCIL RESOLUTION NO. 23-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND ADOPTING A REVISION TO THE DEFINITION OF "INFILL" WHEREAS, on March 12, 1984, the City Council approved Resolution 26-84 adopting a definition of "infill" to establish priorities for water equivalency program unit allotments; and WHEREAS, said definition is also used to establish the issuance of Building permits pursuant to Measure F, an initiative which established the resource allocations and unit allotments for each year, a measure which was subsequently incorporated into the City's Local Coastal Program Land Use Plan (LCP); and WHEREAS, resolution 26-84 required that the definition of "infill" be reevaluated upon the adoption of the Water Management Plan; and WHEREAS, the City Council of the City of Morro Bay, California, on the 27th day of February, 1995, held a PUBLIC HEARING to revised language for the definition of "infill"; and WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the proposed revised definition of "infill" has been determined not to be a project. • NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 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 adopt the following revised definition of "infill" to replace the definition originally adopted in Resolution 26-84; and 3. That the Council directs staff to initiate revisions to the Zoning, General Plan and Local Coastal Plan definition of "infill" consistent with the definition used in this resolution for the consideration of the Planning Commission, City Council and State Coastal Commission. The new definition of infill shall be tied to the adopted City's LCP Urban/Rural Boundary: City Council Resolution 23-95 Page Two PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of February, 1995, by the following vote to wit: AYES: Anderson, Novak, Yates NOES: Crotzer, Unger ABSENT: None i ki 11161 vim I i • is RESOLUTION NO. 22-95 A RESOLUTION AUTHORIZING THE PURCHASE OF ONE NEW PARATRANSIT VAN • THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has California Department of Transportation (Caltrans) funds encumbered in the sum of $44,000; and WHEREAS, the City of Morro Bay has local matching funds available in its Transit Budget in the sum of $11,000; and WHEREAS, the total cost of a new paratransit vehicle is $53,487.16 including tax and delivery; and WHEREAS, Agreement No. SA644066 with Caltrans expires May 30, 1995 with no further option for renewal; and WHEREAS, the City of Morro Bay needs to replace its paratransit vehicles; and WHEREAS, tagging onto the outstanding order of County Connection with Wide One Corporation is the most expeditious way to use the Caltrans funds prior to expiration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay • that tagging onto the outstanding order of County Connections is hereby approved; and BE IT FURTHER RESOLVED that the $11,000 set aside in the Transit Budget be used as a local match for the $44,000 encumbered by Caltrans under Agreement SA644066. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of February 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: WILLIAM YATES, ATTEST: . BRIDGET AUER City Clerk LC.C:LYNN:22-95 City of Morro Bay .� . PUBLIC WORKS DEPARTMENT 695 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 805-772-6261 February 22, 1995 County Connection Attn: Mr. Rick Ramacier 2477 Arnold Industrial Way Concord, CA 94520 RE: Agreement to Allow City of Morro Bay to Tag onto your RFP 94-PT-20 for One Bus Dear Mr. Ramacier- This letter is to transmit an agreement between the City of Morro Bay (CMB) and County Connection (CC) to use County Connection RFP 94-PT-20 to purchase one new propane handicapped -accessible paratransit van. • CC agrees to mutually cooperate and assist CMB in the procurement of one additional new bus under RFP 94-PT-20 as follows: 1. CMB has received a full and complete copy of the rfp 94-PT-20 bid package, Wide One Corporation's response to the RFP and said bid package is attached hereto as Exhibit A and made a part hereof. 2. Procurement Policies- Protect and Appeal Procedures CMB agrees that CC's procurement policies will control and that all bid solicitation shall be subject to CC's procurement policies. CMB agrees that any protest or appeal by any vendor shall be in accordance with the procurement policies in the RFP. CMB agrees at its own cost and expense to handle all such protests and appeals that may arise through the procurement policy as a result of the agreement, and CC is not liable or responsible for any such appeals that are peculiar only to CMB's paratransit vans. 3. It is understood that CC and CMB are independently contracting with the Wide One Corporation, the successful bidder to RFP 94-PT-20, and any issue or dispute arising out of the contract awarded to the successful bidder will be the responsibility of the contracting party. 4. Delivery. It is understood between CC and CMB that each party will be responsible for the inspection and acceptance of its own vehicles in accordance with the bid and contract • documents. The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. • 5. Miscellaneous A. This intergovernmental understanding is an agreement of mutual cooperation and assistance to achieve certain economies and efficiencies in the competitive procurement of new paratransit vans. Both parties agree to cooperate with one another to accomplish the understanding set forth herein. In the event either party desires to withdraw or terminate this agreement, they must do so by giving written notice to the other party. All information and documents that may have been prepared in accordance with this agreement shall be freely exchanged between the parties in the event of termination of this agreement. • B. Designated representatives. William T. Boucher, Public Works Director, shall be the designated contact person for CMB, and Rick Ramacier shall be the contact person for CC for purposes of this agreement. Sincerely, �av'- William T. Boucher Public Works Director ACCEPTED BY COUNTY CONNECTION Rick Ramacier LC:C:LYNN:BUSLTR Date • CITY COUNCIL RESOLUTION NO. 21-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND ADOPTING A RESOLUTION TO WAIVE PERMIT FEES FOR THE 1995 FLOOD VICTIMS WHEREAS, the City Council of the City of Morro Bay, California, on the 14th day of February, 1995, considered the adoption of a resolution to waive permits fees for minor repair for 1995 flood victims; and WHEREAS, flooding conditions, occurring during the day of January 24, 1995 and threatening to occur subsequently, represent conditions of clear and imminent danger, extreme peril and disaster to the safety of persons and property within the City of Morro Bay; and WHEREAS, the extent of the flooding that occurred constitutes a sudden and unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services; and WHEREAS, immediate action by the City of Morro Bay is required to protect life and public property from imminent danger or to restore, repair, or maintain public works, utilities, or services • destroyed, damaged, or interrupted by this natural disaster, and WHEREAS, on January 24, 1995, the City Council has declared the existence of a local emergency upon request of the Civil Defense Director; and WHEREAS, said resolution has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that the emergency measures are exempt from CEQA; and WHEREAS, the City Council of the City of Morro Bay, California, has recognized the need for assistance to the flood victims. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 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 adopt resolution 21-95 to waive Coastal and Building permit fees for the minor repair of structures damaged during the 1995 floods. Resolution No. 21-95 Page Two PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 14th day of February, 1995, by the following vote to wit: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None 1J 11 W • RESOLUTION NO. 19-95 APPROVAL OF A 6 YEAR LEASE FOR A PORTION OF PROPERTY IN THE 500 BLOCK OF EM 3ARCADERO TO BE IMPROVED FOR PUBLIC PARKING THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Thomas family is the owner of certain property on the Morro Bay Embarcadero located at 590 Embarcadero; and, WHEREAS, the City Council has directed staff to investigate use of said property to provide additional public parking on the waterfront; and, WHEREAS, the Thomas family and the City have proposed a 6 year lease for said property under which the City will construct and maintain an 11 space parking area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the 6 year lease between the Thomas family and the City of Morro Bay for construction and maintenance of public parking is hereby approved. The Mayor is hereby authorized to execute said lease on behalf of the City. ` BE IT FURTHER RESOLVED, that as the proposed lease will allow for parking improvements in the Parking Management Plan area, construction cost and lease rental fees shall be paid from parking in -lieu fee funds. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of March, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None I. 1"R, CITY CLERK .I LEASE AGREEMENT BY AND BETWEEN CITY OF MORRO BAY 0 THE SHELL SHOP, INC. • F,I LEASE AGREEMENT • This Lease Agreement (hereinafter referred to as "LEASE") is made and entered into as of this _ day of 1995 by and between the CITY OF MORRO BAY (hereinafter referred to as "CITY") and The Shell Shop, Inc. (hereinafter referred to as "LANDLORD"). WHEREAS, LANDLORD owns Assessor's Parcel #66-131-15 known generally as the Shell Shop at 590 Embarcdaero, a portion of which is currently vacant, and; WHEREAS, CITY maintains a parking in -lieu fund for development of parking improvements in the deisgnated area, and; WHEREAS, LANDLORD and CITY desire to develop'a temporary public parking lot on the vacant portion of the LANDLORD'S property under the terms and conditions set forth below. NOW THEREFORE, LANDLORD agrees to lease said property to CITY under the following.terms and conditions: 1. LEASED AREA, CONDITION OF SITE The leased area, hereinafter called "Site", shall be that portion of the property outlined in yellow and described on the attached Site Map labeled "Exhibit A" and incorporated herein. The Site is leased to CITY in an "as is" condition and CITY agrees that it has investigated the condition of the Site and determined that the Site is suitable to the proposed operations of CITY_ • 2. CONSTRUCTION OF IMPROVEMENTS AND MAINTENANCE AND REPAIR OF SITE CITY shall construct a temporary asphalt parking lot with required drainage facilities, lighting, striping, curb cuts and signage at CITY's sole cost and expense as outlined in Exhibit A. CITY agrees to maintain the improvements to be constructed on the Site in good, usable and safe condition at all times during the term of this LEASE. CITY may use LANDLORD's existing electrical service for installation of one area security light on the Site. CITY shall post signage limiting parking on the Site to a maximum time of four (4) hours subject to change as outlined in Section 6 hereof. 3. TERM The term of this LEASE shall commence on May 1, 1995 ("Commencement Date") and terminate on April 30, 2001 ("Termination Date"); provided, however, that CITY may terminate this lease on 180 days written notice to LANDLORD at any time for any reason. CITY shall also have the first right to negotiate a lease extension with terms and conditions to be determined by mutual agreement of both parties hereto. 4. RENT CITY shall pay to LANDLORD in lawful money of the United States of America, an annual rent in advance on or before May I of each year of this LEASE as outlined below: May 1, 1995 - April 30, 1996 $1,000 May 1. 1996 - April 30, 1997 $3,000 May 1, 1997 - April 30, 1998 $3,000 May 1, 1998 - April 30, 1999 $8,000 • May 1, 1999 - April 30, 2000 $8,000 May 1, 2000 - April 30, 2001 $9,000 Page 1 of 5 • CITY shall pay the first year rent to LANDLORD upon execution of this LEASE and in advance of each May 1 thereafter of the LEASE term. In the case of termination prior to the Termination Date, any prepaid rent shall be refunded to CITY on a prorata basis (based on the number of days of LEASE was in effect during the year of termination) within thirty (30) days of the termination date of this LEASE. • 5. RESTRICTIONS UPON USE CITY agrees that, CITY shall use the Site only as a public parking lot and for operations incidental thereto. CITY agrees that it shall not erect, place, operate or maintain any improvement within the Site, nor conduct any business, in violation of the terms of this LEASE, or in violation of any regulation, order of law, statute, bylaw or ordinance of a governmental agency having jurisdiction over the Site. 6. SIGNS CITY shall install such signs required to notice the lot as a public parking lot with time restrictions as determined necessary by the CITY. LANDLORD and CITY may change time restrictions and appropriate signage at any time during this LEASE by mutual agreement. 7. GOVERNMENTAL REQUIREMENTS CITY shall at.all times comply with and shall pay all costs and expenses which may be incurred or required to be.paid in order to comply with any and.all laws, statutes and ordinances which govern, apply to or -are promulgated with respect to the operation and use of the.Site•by CITY. CITY shall comply with each and every requirement of ill -policies of pubfi"c liability insurance which CITY is required to have in force with respect to the.Site. The judgment of any courtof competent jurisdiction or the admission of CITY in any action or proceeding against it, whether LANDLORD be a party thereto or not, that CITY has violated any such ordinance or statute in the use of the Site shall be conclusive of that fact as between LANDLORD and CITY. 8. ADDITIONAL ALTERATIONS AND REPAIRS Prior to making any non -routine or material alterations to the Site other than those outlined in Section Thereof, CITY will obtain the written approval of the LANDLORD. In addition, CITY will obtain any and all required permits, approvals or authorizations required by all.governmental agencies for proposed alterations or repairs. 9. OWNERSHIP OF IMPROVEMENTS All improvements to real property constructed on the Site by CITY as permitted or required by this. LEASE shall, during this LEASE Term be and remain the property of CITY, provided, however, that CITY shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that CITY s rights and powers with respect to the improvements are subject to the terms and limitations of this LEASE. Upon tennmation all improvements, alterations or repairs to the Site shall become the property of LANDLORD. 10. ASSIGNMENT AND SUBLETTING This LEASE is personal in nature and may not be assigned or transferred by either party. Page 2 of 5 • 11. INDEMNIFICATION & INSURANCE CITY shall defend, indemnify and hold LANDLORD and the property of LANDLORD, including said Site and any buildings or improvements now or hereafter on said Site, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from CITY's occupation and use of said Site, except for any such liability, claim, loss, damage or expense caused by or arising out of LANDLORD's act or omission. Subject to the foregoing, CITY's indemnification obligation shall include without limitation, any liability, claim, loss, damage, or expense arising by reason of (a) The death or injury of any person who is a guest, employee, agent or contractor of CITY, or by reason of the damage to or destruction of any property owned by CITY or by any person who is a guest, employee, agent or contractor of CITY, while such person or property is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site; (b) The death or injury of any person who is a guest, employee, agent or contractor of CITY, or by reason of the damage to or destruction of any property, including property owned by CITY or any person who is a guest, employee, agent or contractor of CITY, caused or allegedly caused by either (i) the condition of said Site or some building or improvement on said Site, or (ii) some act or omission on said -Site of CITY; (c) Any work performed on said Site or. materials furnished to said Site at the instance or request -of CITY or any person or entity acting for or on behalf of CITY; or (d) CITY's failure to perfoim-any provision of this LEASE -or to -comply with any • requirement of law or any requirement imposed on-CIW or -said -Site by any duly authorized governmental agency or political subdivision. Notwithstanding anything to the contrary herein, CITY shall be obligated to indemnify LANDLORD under this SECTION 11 if and -only if LANDLORD gives CITY prompt notice of any claim for indemnification and LANDLORD provides CITY with such cooperation in -the defense of such claim as CITY may reasonably request. CITY shall, at-CITY's own cost and expense, secure promptly after the execution of this LEASE and maintain during the entire LEASE Term, a broad form commercial general liability insurance policy or policies which insures CITY s public liability, property damage and business:automobile exposures with the combined single limit of not less than $1,000,000.00 - 0 12:. DESTRUCTION This LEASE'shall remain in full force and effect, including CITY's obligations to pay rent, in all events of destruction to the Site, unless otherwise modified by the mutual written agreement of the LANDLORD and CITY. 13. DEFAULT In the event that either party shall fail to perform any agreement, covenant or condition set forth in this LEASE, the party shall have thirty (30) days after written notice to cure such default. If the default is not cured within the allowed period, the non -defaulting party may terminate this LEASE upon written notice. Page of 5 14. NOTICES • If at any time after the execution of this LEASE, it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered or certified United States mail, return receipt requested, postage prepaid and if intended for LANDLORD shall be addressed to: The Shell Shop David Thomas 590 Embarcadoro Morro Bay CA 93442 and if intended for CITY shall be addressed to: Harbor Director City of Morro Bay. 1275 Embarcadero Morro Bay CA 93442 or to such other address as either party may have furnished to the other in writing as a place for the service of notice. Any notice served personally shall be deemed to have been given upon service. Any notice so mailed.shall be deemed to have been given as of the time the same is deposited in the United States mail. • 15. UTILITIES CITY is responsible for all costs of installation and maintenance of any and all utilities or services required by CITY at the Site, except that LANDLORD shall pay for electric service costs on one security light to be installed by CITY. 16. MISCELLANEOUS a. In case any one or more of the provisions contained in this LEASE shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this LEASE, but this LEASE shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. b. Nothing in this LEASE shall be construed to create any duty to, any standard of care with reference to, or any liability to anyone not a party, except as otherwise expressly provided herein. C. The words "LANDLORD" and "CITY" as used herein shall include a corporation and include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. d. Time is of the essence of each and all of the agreements, covenants and conditions of this LEASE. e. This LEASE shall be interpreted in accordance with and governed by the laws of • the State of California. The language in all parts of this LEASE shall be, in all cases, construed according to its fair meaning and not strictly for or against LANDLORD or CITY. Page 4 of 5 • f. This LEASE, together with the Exhibits attached hereto, constitutes the final, complete and exclusive agreement between LANDLORD and CITY with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written, including without limitation all prior lease agreements with regard to the Site. This LEASE may not be amended or modified in any respect whatsoever except by an instrument in writing signed by LANDLORD and CITY. • IN WITNESS WHEREOF, LANDLORD and CITY have executed this LEASE by proper persons thereunto duly authorized as of the date first hereinabove written. Approved as to Content CITY ADMINISTRATOR CITY OF MORRO BAY --r- k David Howell CITY OF MORRO BAY LANDLORD ATTEST: CITY CLERK • Bridgett Ba r Lawrence E. Thomas Louise B. Thomas L'eG"�Z "file David L. Thomas Page-5 of 5 LEASE AGREEMENT BY AND BETWEEN CITY OF MORRO BAY THE SHELL SHOP, INC. LEASE AGREEMENT • This Lease Agreement (hereinafter referred to as "LEASE") is made and entered into as of this _ day of 1995 by and between the CITY OF MORRO BAY (hereinafter referred to as "CITY")_ and The Shell Shop, Inc. (hereinafter referred to as "LANDLORD"). WHEREAS, LANDLORD owns Assessor's Parcel #66-131-15 known generally as the Shell Shop at 590 Embarcdaero, a portion of which is currently vacant, and; WHEREAS, CITY maintains a parking in -lieu fund for development of parking improvements in the deisgnated area, and; WHEREAS, LANDLORD and CITY desire to develop'a temporary public parking lot on the vacant portion of the LANDLORD'S property under the terms and conditions set forth below. NOW THEREFORE, LANDLORD agrees to lease said property to CITY under the following terms and conditions: 1. LEASED AREA, CONDITION OF SITE The leased area, hereinafter called "Site", shall be that portion of the property outlined in yellow and described on the attached Site Map labeled "Exhibit A" and incorporated herein. The Site is leased to CITY in an "as is" condition and CITY agrees that it has investigated the condition of the Site and determined that the Site is suitable to the proposed operations of CITY_ • 2.. CONSTRUCTION OF IMPROVEMENTS AND MAINTENANCE AND REPAIR OF SITE CITY shall construct a temporary asphalt parking lot with required drainage facilities, lighting, striping, curb cuts and slgnage at CITY's sole cost and expense as outlined in Exhibit A. CITY agrees to maintain the improvements to be constructed on the Site in good, usable and safe condition at all times during the term of this LEASE. CITY may use LANDLORD's existing electrical service for installation of one area security light on the Site. CITY shall post signage limiting parking on the Site to a maximum time of four (4) hours subject to change as outlined in Section 6 hereof. 3. TERM The term of this LEASE she commence on May 1, 1995 ("Commencement Date") and terminate on April 30, 2001 ("Termination Date"); provided, however, that CITY may terminate this lease on 180 days written notice to LANDLORD at any time for any reason. CITY shall also have the first right to negotiate a lease extension with terms and conditions to be determined by mutual agreement of both parties hereto. 4. RENT CITY shall pay to LANDLORD in lawful money of the United States of America, an annual rent in advance on or before May 1 of each year of this LEASE as outlined below: May 1, 1995 - April 30, 1996 $1,000 May 1. 1996 - April 30, 1997 $3,000 May 1, 1997 - April 30, 1998 $3,000 May 1, 1998 - April 30, 1999 $8,000 May 1, 1999 - April 30, 2000 $8,000 May 1, 2000 - April 30, 2001 $9,000 Page 1 of 5 • CITY shall pay the first year rent to LANDLORD upon execution of this LEASE and in advance of each May I thereafter of the LEASE term. In the case of termination prior to the Termination Date, any prepaid rent shall be refunded to CITY on a prorata basis (based on the number of days of LEASE was in effect during the year of termination) within thirty (30) days of the termination date of this LEASE. 5. RESTRICTIONS UPON USE CITY agrees that, CITY shall use the Site only as a public parking lot and for operations incidental thereto. CITY agrees that it shall not erect, place, operate or maintain any improvement within the Site, nor conduct any business, in violation of the terms of this LEASE, or in violation of any regulation, order of law, statute, bylaw or ordinance of a governmental agency having jurisdiction over the Site. 6. SIGNS CITY shall install such signs required to notice the lot as a public parking lot with time restrictions as determined necessary by the CITY. LANDLORD and CITY may change time restrictions and appropriate signage at any time during this LEASE by mutual agreement. 7. GOVERNMENTAL REQUIREMENTS CITY shall at all times comply with and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with any and all laws, statutes and ordinances which govern, apply to or are promulgated with respect to the operation and use of the Site by CITY. CITY shall comply with each and every requirement of all policies of public liability insurance which CITY is required to have in force with respect to the Site. The judgment of any court of competent jurisdiction or the admission of CITY in any action or proceeding against it, whether LANDLORD be a party thereto or not, that CITY has violated any such ordinance or statute in the use of the Site shall be conclusive of that fact as between LANDLORD and CITY. 8. ADDITIONAL ALTERATIONS AND REPAIRS Prior to making any non -routine or material alterations to the Site other than those outlined in Section 2 hereof, CITY will obtain the written approval of the LANDLORD. In addition, CITY will obtain any and all required permits, approvals or authorizations required by all governmental agencies for proposed alterations or repairs. 9. OWNERSHIP OF IMPROVEMENTS All improvements to real property constructed on the Site by CITY as permitted or required by this LEASE shall, during this LEASE Term, be and remain the property of CITY, provided, however, that CITY shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that CITY's rights and powers with respect to the improvements are subject to the terms and limitations of this LEASE. Upon termination all improvements, alterations or repairs to the Site shall become the property of LANDLORD. 10. ASSIGNMENT AND SUBLETTING This LEASE is personal in nature and may not be assigned or transferred by either party. 0 Page 2 of 5 • 11. INDEMNIFICATION & INSURANCE CITY shall defend, indemnify and hold LANDLORD and the property of LANDLORD, including said Site and any buildings or improvements now or hereafter on said Site, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from CITY's occupation and use of said Site, except for any such liability, claim, loss, damage or expense caused by or arising out of LANDLORD's act or omission. Subject to the foregoing, CITY's indemnification obligation shall include without limitation, any liability, claim, loss, damage, or expense arising by reason of (a) The death or injury of any person who is a guest, employee, agent or contractor of CITY, or by reason of the damage to or destruction of any property owned by CITY or by any person who is a guest, employee, agent or contractor of CITY, while such person or property is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site; (b) The death or injury of any person who is a guest, employee, agent or contractor of CITY, or by reason of the damage to or destruction of any property, including property owned by CITY or any person who is a guest, employee, agent or contractor of CITY, caused or allegedly caused by either (i) the condition of said Site or some building or improvement on said Site, or (ii) some act or omission on said Site of CITY; (c) Any work performed on said Site or materials furnished to said Site at the instance or request of CITY or any person or entity acting for or on behalf of CITY; or (d) CITY's failure to perform any provision of this LEASE or to comply with any requirement of law or any requirement imposed on CITY or said Site by any duly authorized governmental agency or political subdivision. Notwithstanding anything to the contrary herein, CITY shall be obligated to indemnify LANDLORD under this SECTION 11 if and only if LANDLORD gives CITY prompt notice of any claim for indemnification and LANDLORD provides CITY with such cooperation in the defense of such claim as CITY may reasonably request. CITY shall, at CITY s own cost and expense, secure promptly after the execution of this LEASE and maintain during the entire LEASE Term, a broad form commercial general liability insurance policy or policies which insures CITY s public liability, property damage and business automobile exposures with the combined single limit of not less than $1,000,000.00 12. DESTRUCTION This LEASE shall remain in full force and effect, including CITY's obligations to pay rent, in all events of destruction to the Site, unless otherwise modified by the mutual written agreement of the LANDLORD and CITY. 13. DEFAULT In the event that either party shall fail to perform any agreement, covenant or condition set forth in this LEASE, the party shall have thirty (30) days after written notice to cure such default. If the default is not cured within the allowed period, the non -defaulting party may terminate this LEASE upon written notice. Page 3 of 5 . 14. NOTICES If at any time after the execution of this LEASE, it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered or certified United States mail, return receipt requested, postage prepaid and if intended for LANDLORD shall be addressed to: The Shell Shop David Thomas 590 Embarcadoro Morro Bay CA 93442 and if intended for CITY shall be addressed to: Harbor Director City of Morro Bay 1275 Embarcadero Morro Bay CA 93442 or to such other address as either party may have furnished to the other in writing as a place for the service of notice. Any notice served personally shall be deemed to have been given upon service. Any notice so mailed shall be deemed to have been given as of the time the same is deposited in the United States mail. • 15. UTILITIES CITY is responsible for all costs of installation and maintenance of any and all utilities or services required by CITY at the Site, except that LANDLORD shall pay for electric service costs on one security light to be installed by CITY. 16. MISCELLANEOUS a. In case any one or more of the provisions contained in this LEASE shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this LEASE, but this LEASE shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. b. Nothing in this LEASE shall be construed to create any duty to, any standard of care with reference to, or any liability to anyone not a party, except as otherwise expressly provided herein. C. The words "LANDLORD" and "CITY" as used herein shall include a corporation and include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. d. Time is of the essence of each and all of the agreements, covenants and conditions of this LEASE. e. This LEASE shall be interpreted in accordance with and governed by the laws of • the State of California. The language in all parts of this LEASE shall be, in all cases, construed according to its fair meaning and not strictly for or against LANDLORD or CITY. Page 4 of 5 • f. This LEASE, together with the Exhibits attached hereto, constitutes the final, complete and exclusive agreement between LANDLORD and CITY with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written, including without limitation all prior lease agreements with regard to the Site. This LEASE may not be amended or modified in any respect whatsoever except by an instrument in writing signed by LANDLORD and CITY. IN WITNESS WHEREOF, LANDLORD and CITY have executed this LEASE by proper persons thereunto duly authorized as of the date first hereinabove written. Approved as to Content CITY ADMINISTRATOR CITY OF MORRO BAY David Howell CITY OF MORRO BAY LANDLORD ATTEST: CITY CLERK Bridgett :6 er Lawrence E. Thomas oc o.x r- ki i 4 -- Louise B. Thomas David L. Thomas Page 5 of 5 i 1 a i m 10 • DRIFTWOOD N EXHIBIT A um V .LIgIHX3 K S Y 1 111 `1l 2 1 1 O ! 9 r R L_J �. _I• I I J aooMijlaa �/F C .. 5 ! g 1,gQ ��y 1�' + YY3 '■ E • DRIFTWOOD F i� .T �y N EXHIBIT A Z i i �\ 1 i TOTAL F `iYY E, Ian,, :e Y E^ ; low }Q! n MIND r aS ? p ECEE h dd ad' ~ B i:c9 p DRIFTWOOD JIS 141 II I I I I. ikc'11 `�S 11 II I i / + 3 I :•j sl ills ei ,.'I �� all ! ` It C + e I si �pt . 73 _ �{ y ► � I 0 fn . yy R + I two wea: • 1 •i+ R,ON TOTAL P EXHIBIT A RESOLUTION NO. 18-95 APPROVAL OF ASSIGNMENT AND ASSUMPTION OF LEASE SITE 68/68W TO THE HELD FAMILY TRUST THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay holds in trust certain tidelands granted from the State of California, including the property known as Lease Site 68/68W on the Morro Bay waterfront; and, WHEREAS, a lease was entered into by and between the City of Morro Bay and Deanna Davis for said property on January 20, 1983; and, WHEREAS, Ms. Davis encumbered the leasehold interest with a note which was approved by the City under the terms of the lease and Ms. Davis defaulted on said note which was sold on January 25, 1995 to the Held Family Trust at a lawful trustee's sale; and, WHEREAS, the Held Family Trust has recorded a trustee deed and made application to the City to assume the leasehold interest; and,. WHEREAS, the lease agreement requires approval of any assignment of the lease agreement whether it be through voluntary sale or by process of law. It NOW THEREFORE. BE IT RESOLVED by the City Council of the City of Morro Bay that approval is hereby given to assignment of the lease for Lease Site 68/68W to the Held Family Trust contingent on City Attorney approval of final assignment and assumption documents. The Mayor is hereby authorized to sign said documents after approval of the City Attorney. BE IT FURTHER RESOLVED that the City Council approves the following uses for the site, retail sales, rental of boat slips and living quarters provided that living quarters use will not extend beyond January 1, 1998. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of February, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None WILLIAM YATES, . Julia and Gordon Held` P. O. Box 156 Cayucos, CA 93430 (T)805-995-1283,(F)805-995-1488 January 27, 1995 Mr. Rick Algert, Director Morro Bay Harbor Department 1275 E nbarcadero Morro Bay, CA 93442 Dear Rick: Thanks for taking the tine to meet with me yesterday. I know you are busy and have to go through this sort of thing regularly. Hopefully, our tenancy at that location will cause you less work overall than previous tenants may have caused. This is to confirm our thoughts regarding use of and improvements to the property over the next 8+ years. I think we agreed on the following: 1. With only 8 years left on this lease, it would be a bad decision to spend any significant moneys on the property unless a new longer term lease could be negotiated so those moneys could be . amortized over a reasonable number of years, normally 30+.. 2. Improvements to the property would fit better into the overall Harbor plan if they could be made in conjunction with at least one of the adjoining properties. Once things settle down, I plan to work with both adjoining property owners to see if anything can be done jointly. I understand that one of the leases expires when mine does and the other still has some time to go. 3. Any improvements need to provide the maximum view corridor and person access to the bay. Boat docks are desirable by both the City and me. 4. The residential use expired in January, 1993; however there have been some exceptions made on the harbor. In this case an extension of the residential use permit would make sense since housing is short in Morro Bay, it is ready, has parking, and provides security for the property. Obviously residential in that building is also the highest and best use of the building as it now exists until it is developed. Buildings are better cared for when occupied as well as providing the income to justify the lease costs. 5. The highest and best use of the property over the long run does not include residential use. From the City's standpoint, harbor and tourist activities need to be supported. From my viewpoint, residential property does not bring in the income that equivalent commercial property does. Therefore, any improvements to the property would involve replacing the residence with a part of the other commercial applications. C� J • 6. Potential long term uses after remodeling include; a Brewpub, a gallery with an "artist -in - residence" concept where visiting artists would both work and sell on the premises, a marine supply shop, a boat brokerage,etc. 7. The uses for the commercial part of the premises until developed are limited by what the existing buildings will support, which is retail and will obviously need to be continued in the interim. Therefore, I this is a request for an extension of the residential use for this lease site either until it is redeveloped or the lease expires. I am not sure how to do this. I can revise my letter with the application that you now have or I can revise the lease assumption document you also now have to include it, or I am willing to approach it in whatever way you consider most appropriate and at the time you consider most appropriate. I look forward to working with you to better the common interests of both the City and myself. Please advise me of your thoughts. I understand you have to have your paperwork in by February 5 to be on the council agenda of the 14th. I can revise any of the documents in I day, however I will be gone January 31 and February 1. I will contact you on February 2 at the latest. Thanks again for all your help and information. • Sincerely, Gordon G. Held 0 • • C� JAN 3 1 Julia and Gordon Held P. 0. Box 156 Cayucos, CA 93430 (T)805-995-1283,(F)805-995-1488 January 31, 1995 Mr. Rick Algert, Director Morro Bay Harbor Department 1275 Embarcadero Morro Bay, CA 93442 Dear Mr. Algert: This is to confirm our telephone conversations and meeting regarding the purchase of Leasehold 468-68W by the Held Family Trust. The purchase was made on January 25 through a trustee's sale. A copy of the recorded Trustee's Deed Upon Sale is attached to the Lease Assumption Agreement that accompanies this letter. Also enclosed is the City application form completed and the application fee of $260. My wife, Julia, and I have lived in Cayucos for 20 years and plan to remain here permanently. For the first 5 of those years we owned and operated Paul's Liquor and Deli in Cayucos. For the next 14, we owned and operated ComputerLand of San Luis Obispo, which was sold last year. We own our home and several rental properties. Should you care to do a credit check, you will find no blemishes. Because of the circumstances in acquiring the subject property, I have not been inside the premises. However I anticipate seeing it continued to be used as a gallery/gift/miscellaneous retail shop for some time not to exceed the remaining 8 years on the lease. I would like to see a dock for 2 boats added as soon as the necessary permits can be obtained and the lease modified to all the costs of the dock to be amortized over a reasonable time period. At some time I plan to develop the site to a facility compatible with the newer buildings along the Embarcadero. I would like to do this in conjunction with one of the neighboring businesses and would be willing to begin as soon as some agreement could be made. If agreement with the neighbors could not be reached, that site alone could be remodeled and I would anticipate it starting no later than the expiration of the current lease. When the site is modified, it would have more possible uses; such as a brewpub, marine supply store, or many others depending upon the final design and size. • Also attached is a proposed lease assumption agreement. You told me that, although rents were delinquent as of the 1 Oth of January, your policy was not to take action until after the end of the month. I have enclosed a check for the rental on this property to avoid this action. The amount of $3938.99 is half the annual amount shown on the City lease summary records I have. If that is incorect I will change it upon request.. I am commencing action immediately to take possession of the property. I have retained legal counsel to assist in this matter. Please advise me of anything else you may require from me. Thank you very much for the cooperation of you and your, staff in achieving a mutually beneficial resolution to a potentially sticky problem. Sincerely Gordon G. Held • ASSUMPTION OF LEASE THIS AGREEMENT is made this day of , 1995, by and between the City of Morro Bay, (hereinafter referred to as "Lessor), and the Held Family Trust dated October 15, 1990, (hereinafter referred to as "Lessee.) RECITALS WHEREAS, the Lessor owns that certain real property on the Morro Bay waterfront described as Lease Site No. 68-68W; and WHEREAS, a Lease on said site now exists; a true and correct copy of said Lease is attached hereto and incorporated by reference as Exhibit "A'; and WHEREAS, Lease has been purchased by Lessee through a Trustee Sale on January 25, 1995, and is currently in possession of a Trustee's Deed for said lease, a true and correct copy of which is attached hereto and incorporated by reference as Exhibit "B"; and WHEREAS, the Lessor and Lessee now desire to have the Lessee assume said lease; and WHEREAS, the City Council of the City of Morro Bay, as Lessor, approved said assumption on , 1995, pursuant to Resolution No. , a true and correct copy of which is attached hereto and incorporated by reference as Exhibit "C". NOW, THEREFORE, Lessor and Lessee each agree as follows: 1. For value received, receipt of which is hereby acknowledged, Lessor hereby authorizes the assumption by Lessee of all right, title and interest to said property as contained in the Lease hereinbefore described, and Lessee hereby agrees to and does accept the assumption and Lessee expressly assumes and agrees to keep, perform, and fulfill all the terms, covenants and conditions, and obligations required to be kept, performed and fulfilled by Lessor as Lessee thereunder. . 2. This assumption shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, trustees, successors in interest, and assigns. r- Executed at Morro Bay, California, on the day and year first above written. Lessor Signatures: Mayor, City of Mailing address: Lessee Signature: • HELD FAMILY TRUST by Gordon G. Held, Trustee Mailing Address: P. O. Box 156, Cayucos, CA 93430-0156 r WHEN RECORDED MAIL TO GORORG. HELD P.O. 156 CAvu S. CA 93430 MAIL TAX STATEMENTS TO Same as Above Title Order No. 48358 Trustee Sale No. 21337 JAN 2 5 1995 1995_003303 Reference No. TRUSTEE'S DEED UPON SALE A.P.N. No. 38 The undersigned grantor declares: 1) The grantee herein was not the foreclosing beneficiary. 2) The amount of the unpaid debt together with costs was....... 3) The amount paid by the grantee at the trustee sale w.as...... a) The documentary transfertax is .................. ........... 5) Said property is in the City of MORRO BAY and AAFS, INC., (herein called Trustee), as the duly appointed Trustee under the aImplied oof f hereby grant and convey, but without covenant or warranty, express HD FAMILY TRUST DATED OCTOBER 15, 1990 Hiv S31 164.66 $31 165.66 S34.65 hereinafter described, does (herein called Grantee), all of its right, title and interest in and to that certain property situated in the County of San Luis Obispo , State of California, described as follows: SEE EXHIBIT 'A' ATTACHED RECITALS: This conveyance is made pursuant to the powers conferred upon Trustee by that certain Deed of Trust dated 12 23 85 and executed by DEANNA DAVIS as Instrument No. 2751 in book 2791 as Trustor, and recorded O1 16 86 California, and after fulfillment of page 984— of.OHicial Records of San Luis ObisvO County, .the conditions specified in said Deed of Trust authorizing this conveyance. jWfault occurred as set forth in a Notice of Default and Election to Sell which was recorded in the office of the 41Flecorder of said County. Coatlnued on page 2 -popI- (CATRODIA) *e Order No. 48358 rustee Sale No. 21337 Reference No. All requirements of law regarding the mailing of copies of notices or the publication of a copy of the Notice of Default or the personal delivery of the copy of the Notice of Default and the posting and publication of copies of the Notice of a Sale have been complied with. Said property was sold by said Trustee at public auction on 0 1 / 2 5 / 9 5 at the place named in the Notice of Sale, in the County of San Luis Obispo, California, in which the property is situated. Grantee, being the highest bidder at such sale, became the purchaser of said property and paid therefore to said trustee the amount bid being S31,164.66 in lawful money of the United States, or by the satisfaction, pro Canto, of the obligations then secured.by said Deed of Trust Date: 01/25/95 AAFSr INC. as Trustee Betty J. STATE OF California COUNTY OF San Luis Obispo on 1/25/95 before me,CyAR«F It • C.._L 2&47e a Notary Public In and for said county, personally appeared Betty J. Wiggin personally, known to me (or proved to me on the basis of satlsfactory evidence) to be the person(s) whose names are subscribed to the within Instrument and acknowledged to me that h ey executed the same In hi Dhelr authorized capachypes), and that by hIN!9)1heIr 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 aW. &�'tj Charlene R. Clayton LL•� 4 Notary Public In and for said umy and U-; 'S. Comm. #961709 a, Notary Public • California -it SAN LU1S OBISPO COUNTY14... r..�.+. LUI My Commission Eger Mae Y/, 1906 • Page 2 - (CATRODIS) • L� EXHIBIT "A" PARCEL 12 OF MAP NO. MB-68-30 IN THE CITY OF MORRO BAY, COUNTY OF SAN . LUIS OBISPO, STATE OF CALIFORNIA, FILED FOR RECORD OCTOBER 10, 1968 IN BOOK 31 PAGE 10 OF PARCEL MAPS, BEING; LEASE SITE 68, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE MORRO BAY WATERFRONT, SAID POINT OF COMMENCEMENT BEING LOCATED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF STATE TIDE LANDS SURVEY NO. 10, AS SHOWN ON MAP OF RESURVEY OF STATE TIDE LANDS SURVEY NO. 10 IN SECTION 36, TOWNSHIP 29 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN IN MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA, FILED FOR RECORD IN BOOK 4, PAGE 10 OF RECORDS OF SURVEY, LICENSED SURVEYOR'S MAPS, SAN LUIS OBISPO COUNTY RECORDS, AND RUNNING THENCE.SOUTH 76' 29' 42" WEST, 50.22 FEET TO A POINT; THENCE RUNNING PARALLEL TO AND 50 FEET AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID STATE TIDE LANDS SURVEY NO. 10, THE FOLLOWING COURSES AND DISTANCES; NORTH 08' 08' 37" WEST, 798.63 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE FROM SAID TRUE POINT OF COMMENCEMENT SOUTH 76' 29' 42" WEST, 97.54 FEET TO A POINT; THENCE NORTH 13a 30' 18" WEST, 44.00 FEET TO A POINT; THENCE NORTH 76' 29' 42" EAST, 96.45 FEET TO A POINT; THENCE SOUTH 15' 10' EAST, 42.61 FEET TO AN ANGLE POINT; THENCE SOUTH 08' 08' 37" EAST., 1.42 FEET TO THE POINT OF COMMENCEMENT. LEASE SITE 68W, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE MORRO BAY WATERFRONT, SAID POINT OF COMMENCEMENT BEING LOCATED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF STATE TIDE LANDS SURVEY NO. 10, AS SHOWN ON "MAP OF RESURVEY OF STATE TIDE LANDS SURVEY NO. 10 IN SECTION 36, TOWNSHIP 29 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN IN MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA", FILED FOR RECORD IN BOOK 4, PAGE 10 OF RECORDS OF SURVEY, LICENSED SURVEYOR'S MAPS, SAN LUIS OBISPO COUNTY RECORDS AND RUNNING THENCE SOUTH 76' 29' 42" WEST, 50.22 FEET TO A POINT; THENCE RUNNING PARALLEL TO AN LINE OF SAID STATE TIDE LANDS DISTANCES; NORTH.08' 08' 37" THENCE SOUTH 76' 29' 42" WEST, COMMENCEMENT; THENCE FROM SAID TRUE -POINT OF 40.00 FEET TO A POINT; THENCE NORTH 13' 30' 18" WEST, THENCE NORTH 76' 29' 42" EAST, THENCE SOUTH 13' 30' 18" EAST, D 50 FEET AT RIGHT ANGLES TO THE WESTERLY SURVEY NO. 10, THE FOLLOWING COURSES AND WEST, 798.68 FEET TO A POINT; 97.54 FEET TO THE TRUE POINT OF SOUTH 76' 29' 42" WEST, 44.00 FEET TO A POINT; 40..00 FEET TO A POINT; 44.00 FEET TO THE POINT OF COMMENCEMENT. . RESOLUTION NO. 17-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ESTABLISHING TERMS OF OFFICE FOR PLANNING COMMISSION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council adopted Ordinance No. 442 which authorizes Council to set terms of office for various advisory boards; and WHEREAS, the Planning Commission has been reconstituted and it is necessary to establish new terms of office for said Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the terms of the reconstituted Planning Commission are as follows: • Two Commissioners Four -Year Terms Expiring 1-31-99 Two Commissioners Two -Year Terms Expiring 1-31-97 One Commissioner One -Year Term Expiring 1-31-96 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of February, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: &L of �� _- BRIDGET 6 BAUER, City Clerk • WILLIAM YATES, • RESOLUTION NO. 16-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPOINTING W. JAMES KOSER AS CITY TREASURER T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of appointing a City Treasurer; and WHEREAS, the City has determined that Mr. W. James Koser does possess those skills and abilities necessary to be an effective Finance Director and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, does appoint W. James Koser as City Treasurer for the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro • Bay at a regular meeting thereof held on the 14th day of February, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AUER, City Clerk • 0 RESOLUTION NO. 15-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING CITY ADMINISTRATOR, PUBLIC WORKS DIRECTOR, AND CITY ATTORNEY TO RENEGOTIATE THE CONTRACT WITH THE COUNTY OF SAN LUIS OBISPO REGARDING THE REPLACEMENT OF TWIN BRIDGES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City originally entered into an agreement with the County of San Luis Obispo to cooperatively complete the Twin Bridges project in April of 1995; and WHEREAS, circumstances have substantially change since that time such that the City seeks lead agency status to complete this project on an expedited basis; and WHEREAS, the City wishes to seek a cooperative relationship • with the County such that each party shares equally in the expense of completing the project due to the importance of the Twin Bridges to regional transportation especially on the County area of Los Osos which relies upon Twin Bridges for school bus transportation, emergency response and assistance, and its escape route from Los Osos in the event of an emergency at Diablo Nuclear Plant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that it authorizes and instructs the City Administrator, City Attorney, and Public Works Director to renegotiate the agreement between the County of San Luis Obispo and the City of Morro Bay with respect to the Twin Bridges Project, specifically authorizing, and instructing, these individuals to accomplish the following in the agreement: 1. Establish the City of Morro Bay as lead agency for the handling of this project; 2. Obtain the agreement of the County to share equally in all local expenses for Twin Bridges replacement, without reference to a cap on expense; and 3. Reach agreement with respect to all other necessary issues in order to accomplish Twin Bridges replacement within one (1) year. • • Resolution No. 15-95 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 30th day of January, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT UER, City Clerk • • RESOLUTION NO. 14-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, flooding conditions occurring during the day of January 24, 1995 and threatening to occur subsequently represent conditions of clear and imminent danger, extreme peril and disaster to the safety of persons and property within the City of Morro Bay; and WHEREAS, these conditions are beyond the control of the services, personnel, equipment and facilities of the City; and WHEREAS, Morro Bay Municipal Code Chapter 8.08 provides for the City Council to declare the existence of a local emergency upon request of the Civil Defense Director; and WHEREAS, said director made such a request;.and • WHEREAS, immediate action by the City of Morro Bay is required to protect life and public property from imminent danger or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by this natural disaster. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that flooding conditions commencing on January 24, 1995 and resultant damage to persons and property constitute the existence of a "local emergency"; and BE IT FURTHER RESOLVED this flooding constitutes a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services; and BE IT FURTHER RESOLVED should the director determine locally available resources are inadequate to cope with the emergency conditions said director is authorized and directed to request the Governor of the State of California to proclaim a "state of emergency"; and BE IT FURTHER RESOLVED said director is directed to mobilize any and all resources necessary and available to mitigate said • emergency in accordance with the powers and authorities provided in said Chapter 8.08, the City's emergency plan and other measures as deemed necessary and appropriate. • Resolution No. 14-95 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at an emergency meeting thereof held on the 24th day of January, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT03AUER, City Clerk • 11 Planning and Building Department DATE: January 24, 1995 TO: Honorable Mayor and City Council FROM: Planning and Building Director SUBJECT: Determination of Emergency, Flo JTary, 995 I declare, as the City Environmental Coordinator and Director of Planning and Building, previously referred to as the Community Development Director, that the City is in a state of emergency as it relates to several essential public facilities. In as much as the damages were wide spread within the community, the following list is only intended to be generalized in nature and a formal list will be prepared when the full extent of the damages are known and verified by me or my designee. Said facilities shall, upon subsequent determination, be exempt from obtaining a Coastal Development Permit pursuant to Title 14. Natural Resources, Article 4, Sections 13009 and 13144 and Section 30624 of the Coastal Act if within the City's Permit jurisdiction as determined by the State Coastal Commission. Said facilities shall also be exempt from CEQA pursuant to the California Environmental Quality Act, Chapter 2.5, Sections 21060.3 and 21080.b.2. To the extent possible all known or project environmental effects of remedial actions taken by the City shall be mitigated and all precaution shall be followed while repairing the described public facilities. Today, my staff and I as well as emergency personnel witnessed the City's inability to provide access to an estimated 100 City residents for several hours. Additionally, I witnessed the damage to homes and businesses. In particular, I witnessed the flooding and closure of several primary and necessary streets and bridges: South Bay Boulevard (flooded and apparently damaged from near the south City Irmits to the intersection with Quintana Road) Quintana Road (flooded and apparently damaged from the intersection of South Bay Blvd. to the east City limits) • Twin Bridges (both bridges were inundated for the fourth day since the first of the year and, due to age and periodic flooding, have apparently experienced significant damage) These facilities are hereby determined to be immediately needed to provide indispensable emergency access to both the City of Morro Bay and the unincorporated community of Los Osos. During the floods of January 24, 1995, the flooding and damage to the above described facilities, in combination with portions of Los Osos Valley Road, Foothill Boulevard and O'Conner Way which are located within the County of San Luis Obispo, prevented any meaningful or adequate emergency access between Los Osos and Morro Bay. Both communities have mutual aide policies and are unable to meet emergency needs without adequate and dependable access between the two communities. Additionally, South Bay Boulevard including Twin Bridges provides one of only four accesses to the City of Morro Bay and one of only two accesses to the community of Los Osos and are needed in the event of any type of local emergency such as wildfire or nuclear accident at the nearby Diablo Canyon Nuclear Power plant. The closure of these roads and bridges today and over the past several weeks is intolerable and must be rectified. Therefore, in my capacity as the Director and the Environmental Coordinator, I find as follows • 1. Flooding conditions, occurring during the day of January 24, 1995 and threatening to occur subsequently, represent conditions of clear and imminent danger, extreme peril and disaster to the safety of persons and property within the City of Morro Bay; and 2. The conditions and damages are beyond the control of the services, personnel, equipment and facilities of the City; and 3. The City Council has declared the existence of a local emergency upon request of the Civil Defense Director; and 4. Immediate action by the City of Morro Bay is required to protect life and public property from imminent danger or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by this natural disaster; and 5. The extent of the current flooding constitutes a sudden and unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. 6. The importance of these facilities and the potential for environmental impact will be weighed in each action taken by the City to rectify the damages and to restore emergency access. 2 • RESOLUTION NO.13-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE 1"41-95 ANNUAL WATER PROGRESS REPORT AND ADOPTING A WATER ALLOCATION PROGRAM FOR FISCAL YEAR 1995-96 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code, calls for the City Council of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the Planning and Building Director after review by the City of Morro Bay Planning Commission; and WHEREAS, the Loral Coastal Program Land Use Plan and Ordinance Number 266, also known as Measure "F", and adopted by the voters in 1984, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed within that limit; and WHEREAS, on the 3rd. day of January, 1995 the Planning Commission held a duly noticed public hearing and following its review of the report made its recommendations to the City Council; and • WHEREAS, on the 23rd. day of January, 1995, the City Council did hold duly noticed PUBLIC HEARING on the 1994-95 Annual Water Progress Report and the proposed 1995-96 fiscal year Water Allocation Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: The City Council of the City of Morro Bay hereby receives and accepts the 1994-95 Annual Progress Water Report as submitted by Planning and Building Director and the Public Works Director and incorporated herein as if attached hereto, and A Water Allocation Program for the 1995-96 fiscal year is hereby adopted by the City Council of the City of Morro Bay containing the following elements: a. The City Council authorizes the Director of Planning and Building to allocate 70 unites for the fiscal year 1995-96. In addition, an additional 10 percent or 7 units shall be allocated during 1995-96 fiscal year as provided by the Authorized Water Recovery Allocation Model and Local Coastal Program Land Use Plan as approved by the State Coastal Commission and Measure F bringing the total unit allocation to 77 units; and b. The mix of residential dwelling units to be allocated during the fiscal year 1995-96 shall be 38 single family residences and 39 multi -family units; and c. Commercial and industrial allocations of up to 130 percent of the residential allotment shall be made available during 1995-96 fiscal year in accordance with Measure F; and 0 City Council Resolution 13-95 Page Two d. The City will continue diligent efforts to develop supplemental and replacement water resources and reviewing and adopting the Water Management Plan identifying the future water sources. e. The City will aggressively pursue identification of sources of water loss and remediate said losses. PASSED, APPROVED, AND ADOPTED, by the City of Morro Bay City Council, at a regular meeting held on this 23 day of January, 1995 by the following vote: AYES: Yates, Anderson, Crotzer and Novak NOES: Unger ABSENT: None ATTEST: BRIDG AUER, City Cleric 11 11 • RESOLUTION NO. 12-95 RESOLUTION ACCEPTING GRANT DEED FROM PAUL D. AND GERALDINE L. PRICE FOR FIFTY FOOT WIDE STRIP OF LAND FOR STREET UTILITY, PUBLIC UTILITY AND DRAINAGE PURPOSES (MIMOSA STREET) THE CITY COUNCIL City of Morro Bay, California WHEREAS, it is deemed to be in the public interest to finalize the Mimosa Street Assessment District; and WHEREAS, Paul D. and Geraldine L. Price, as trustees of the Paul and Geraldine Price 1990 Trust, and as legal owners, propose to convey by grant deed, with accompanying legal description, the land referred to as the fifty -foot wide Mimosa Street; and WHEREAS, it is in the interest of public benefit to accept this grand deed. . NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the offer of conveyance by grant deed by Paul D. and Geraldine L. Price is hereby accepted on behalf of the public; and BE IT FURTHER RESOLVED, the Mayor of the,City of Morro Bay be authorized to execute and cause recordation of documents appropriate to accept said conveyance. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 23rd day of January, 1995, by the following vote: AYES: Anderson, NOES: None ABSENT: None ABSTAIN: None Crotzer, Novak, Unger, Yates ATTEST: BRIDGET BAUER, City Clerk . RESOLUTION NO. 11-95 RESOLUTION DECLARING PRIORITY STATUS FOR THE TWIN BRIDGES REPLACEMENT PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Twin Bridges Replacement Project has been in the planning stages for over a decade and remains stalled in a logjam of bureaucratic red tape; and WHEREAS, the Morro Bay Circulation Element adopted in 1983 declares the Twin Bridges Replacement Project an "Immediate Priority;" and WHEREAS, the citizens of Morro Bay and Los Osos and other users of Twin Bridges are frustrated by the continual closures due to flooding, are frustrated by the regulatory process that has caused the interminable delays of bringing the project to reality, and are vociferously demanding their public officials "fix the problem;" and WHEREAS, the City Council did on this date pass by X-X vote • Resolution 10-95 declaring the Twin Bridges Replacement Project an Emergency; and WHEREAS, it is the goal of the City Council to design, construct and complete the Project before the end of 1995. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby direct the City Administrator and City Attorney of Morro Bay to place Priority Status on the Twin Bridges Replacement Project to accomplish the goal stated herein. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held the 23rd day of January, 1995, by the following vote: AYES: Anderson, NOES: None ABSENT: None ABSTAIN: None Crotzer, Novak, Unger, Yates WILLIAM YATES, ATTEST: • BRIDGETT UER, City Clerk RESOLUTION NO. 10-95 RESOLUTION DECLARING EMERGENCY CONDITIONS AT TWIN BRIDGES, MORRO BAY, CALIFORNIA THE CITY COUNCIL City of Morro Bay, California WHEREAS, within the city limits of Morro Bay, California there exists two, 48-year-old bridges having wooden sub- structures known as Twin Bridges, the two bridges being located in series approximately 100 feet apart; and WHEREAS, Twin Bridges is located on the roadway that is the only direct route between the cities of Morro Bay (and State Highway 1) and Los Osos (population 15,000); and WHEREAS, the bridges have an average traffic count of 14,000 vehicles per day, including two routes of the Central Coast Mass Transit System, school buses, trucks, commuter vehicles and bicycles; and • WHEREAS, during the past 40 years a condition has existed - a condition not within the City's control - that has caused significant siltation under Twin Bridges, thereby causing the Chorro Creek tributaries that flow under the bridges to become shallower and shallower; and WHEREAS, during periods of less -than -heavy rain, the bridges routinely become flooded causing the closure of the bridges, thereby causing the rerouting of traffic onto a 22-mile detour route; and WHEREAS, since 1990 the bridges have been closed a total of 28 times due to flooding; and WHEREAS, the community of Los Osos is located six miles from the Diablo Canyon Nuclear Power Plant; and WHEREAS, Twin Bridges lie on the path of one of only two evacuation routes from the community of Los Osos, and if the Bridges were to close due to flooding during a disaster could cause untold catastrophic human ramifications; and WHEREAS, the citizens of Morro Bay and Los Osos and other users of Twin Bridges are frustrated by the continual closures, are frustrated by the regulatory process that has caused the interminable delays of bringing the project to • reality, and are vociferously demanding their public Resolution 10-95 • Page 2 officials "fix the problem;" and WHEREAS, for every day of closure an additional, unnecessary 308,000 miles are traveled consuming 15,400 additional gallons of fuel thereby causing an out-of-pocket cost to the public of $21,000 each closure day (based on $1.399 per gallon average cost of fuel locally); and WHEREAS, for every day of closure, an additional and unnecessary 523 pounds of reactive organic gases, 584 pounds of oxides of nitrogen and 4,263 pounds of carbon monoxide are released into the air, thereby needlessly increasing air pollution in the area; and WHEREAS, delays caused by the closure of Twin Bridges result in a significant loss of student and employee productivity equating to the loss of 21,000 non -productive hours per closure day in order to travel the detour route; and WHEREAS, since 1990 it is calculated that the approximate direct costs (loss) to the City and public exceed $6-million, the loss of productive time (at minimum wage) exceeds $3- million and the unnecessary additional emission of air . pollutants into the atmosphere exceeds 75 tons; and WHEREAS, in January of 1995 to date, the road has been closed three times yielding a total direct loss of $85,000 in fuel costs and road repairs and 63,000 hours of lost productive time worth $268,000 (at minimum wage) for a total cost of $353,000, and the rainfall year is young; and WHEREAS, the City of Morro Bay and County of San Luis Obispo began work on a cooperative agreement to pursue the replacement of Twin Bridges in 1983; and WHEREAS, the Morro Bay Circulation Element adopted in 1983 declares the Twin Bridges Replacement Project an "Immediate Priority;" and WHEREAS, the City and County entered into a cooperative agreement in 1985 with the County designated as the "lead" agency; and WHEREAS, in the past decade the project has been plagued with numerous delays due to the failure to complete the environmental document; and WHEREAS, in the past decade the project has been further stalled due to disagreements between regulatory agencies over • the design of the project; and Resolution 10-95 • Page 3 WHEREAS, the "Highway 41 Fire" of August, 1994, caused the Chorro Creek watershed to become denuded. The subsequent rain and flooding has caused untold thousands of cubic yards of soil eroding from the hillsides to become deposited in the Twin Bridges area, thereby exacerbating an already desperate condition at Twin Bridges; and WHEREAS, the draft Environmental Impact Report/Statement (EIRs) in the Twin Bridges Replacement Project was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) and the National Environmental Quality Act (NEPA). As such, the document identified, analyzed, and recommended mitigations for the full range of adverse environmental impacts on the project; and WHEREAS, short-term construction -related impacts were identified affecting air quality, water quality, traffic, esthetics and biology, the conclusion being these impacts would be temporary in nature; and WHEREAS, only biological resources could be specifically • affected in the long-term for which a comprehensive biological mitigation plan was developed to appropriately mitigate these impacts in conformance with local, state and federal guidelines; and WHEREAS, the draft EIR/S was submitted for agency and public review and comment, and comments were subsequently reviewed from the following parties: U.S. Army Corps of Engineers; U.S. Department of the Interior, Office of Environmental Project Review; U.S. Fish and Wildlife Service, Laguna Niegul Field Office; U.S. Environmental Protection Agency, Region IX; U.S. Coast Guard, llth District; California Coastal Commission, South Central Coast Region; California Department of Fish and Game; California Department of Parks and Recreation; San Luis Obispo County Air Pollution Control District; Morro Bay City Council; Morro Bay Street Advisory Committee; San Luis Obispo Bicycle Club: California Native Plant Society; Mr. David Duvall; and • Resolution 10-95 • Page 4 WHEREAS, in accordance with requirements, the comments received due consideration and adequate responses; and WHEREAS, the environmental documents identified as an alternative, upstream location with an approximate length of 460 feet as "preferred," this location being quantified as having the minimum level of adverse environmental impacts; and WHEREAS, in response to demands of CalTrans Division of Structures, additional analysis was performed for an alternative project located in the current alignment. This alternative, while having significantly more identified adverse environmental impacts, was identified by the Division of Structures as being significantly less expensive to build, and therefore the preferred alternative to be recommended for funding by the Federal Highway Administration; and WHEREAS, either project can be accommodated by the mitigation plan; and WHEREAS, either project, when completed, will withstand a 50- year flood, thereby halting, once and for all, the • frustrating, costly, needless closures due to flooding; and WHEREAS, the City was informed by the lead agency on January 19, 1995, that the project was three -and -a -half years away from completion "if everything falls into place perfectly." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby declares that an emergency exists in the area of the Twin Bridges Replacement Project resultant of heavy rains and erosion caused by the "Highway 41 Fire" of August, 1994; and BE IT FURTHER RESOLVED, the City Council of the City of Morro Bay call for the immediate allocation and release of the project's programed and HBRR funds in the total amount of $940,000; and BE IT FURTHER RESOLVED, the City Council of the City of Morro Bay call for the immediate release of the Project's Proposition 116 funds in the amount of $450,000; and BE IT FURTHER RESOLVED, the City Council of the City of Morro Bay call for the immediate allocation and release of portions of California's share of HBRR funds adequate to mitigate any and all federal funding shortfalls, if any, based upon the alignment and configuration of the ultimately selected • alternative; and Resolution 10-95 • Page 5 BE IT FURTHER RESOLVED, the City Council of the City of Morro Bay call for CalTrans, the California Transportation Committee, the State Department of Fish and Game, the California Coastal Commission, the California Department of Parks and Recreation and any and all other Departments, agencies, or divisions of the State of California having jurisdiction over the project area provide complete cooperation for the immediate completion of the replacement of structurally deficient and functionally obsolete bridges and allied facilities contemplated in the Twin Bridges Replacement Project in accordance with said project's draft EIR/S and its mitigation plan; and BE IT FURTHER RESOLVED, the City Council of the City of Morro Bay earnestly urge the Governor of the State of California, the Congress of the United States and the President of the United States to immediately make the same emergency declaration and grant their unequivocal commitments for immediate completion of the Twin Bridges Replacement Project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held the 23rd day of January, 1995, • by the following vote: AYES: Yates, Unger, Novak, Anderson, Crotzer NOES: - 0 - ABSENT: - 0 - ABSTAIN: - 0 - ATTEST: BRIDGETT UER, City Clerk 0 RESOLUTION NO. 09-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA IN RESPONSE TO THE MINERALS MANAGEMENT SERVICE'S PROPOSED FIVE-YEAR OFFSHORE OIL AND GAS LEASING PROGRAM FOR 1997-2002 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Minerals Management Service (MMS) has published the request for comments on the next five-year Outer Continental Shelf (OCS) Oil and Gas Leasing program, 1997-2002, in the federal register; and WHEREAS, the federal register notice includes a notice of intent to prepare an Environmental Impact Statement (EIS) for the proposed five-year program; and WHEREAS, the MMS has solicited formal comments on the Proposed OCS Program and the DEIS from affected states, local • agencies, and interest groups; and WHEREAS, the City of Morro Bay finds that the proposed OCS Program has not adequately addressed the comments and concerns presented in the San Luis Obispo Council of Governments' comments on the 1992-1997 OCS program; and WHEREAS, the City of Morro Bay supports and recognizes the national significance of the economic ecological sensitivity of existing coastal assets; and WHEREAS, the City of Morro Bay recognizes the adoption of the County's Offshore Energy Element which clearly identifies the policies and positions related to offshore development for the region; and WHEREAS, the City of Morro Bay has reviewed and found the County of San Luis Obispo's position on this MMS request for comments on the next five-year OCS Oil and Gas Leasing program, 1997-2002, notice of intent to prepare an EIS for the proposed five-year program consistent with prior City of Morro Bay positions. 0 Resolution No. 09-95 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay hereby requests the MMS to defer any leasing in the Santa Maria Basin in the 1997-2002 five-year leasing program; and further supports and endorses the general and specific recommendations prepared by the County of San Luis Obispo Energy and Natural Resources Division and adopted by the County Board of Supervisors. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of January, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None . ATTEST: BRIDGETT EFAUER, City Clerk 40 RESOLUTION NO. 08-95 • RESOLUTION ADOPTING A WATER MANAGEMENT PLAN AS AMENDED BY THE CALIFORNIA COASTAL COMMISSION THE CITY COUNCIL City of Morro Bay, California WHEREAS, on February 28, 1994, the City Council adopted a Water Management Plan through approval of Resolution No. 07-94; and WHEREAS, on December 12, 1994, the City Council adopted Resolution No. 120-94 clarifying the immediate effectiveness of the Plan upon final adoption; and WHEREAS, at its meeting of January 11, 1995 the California Coastal Commission adopted and certified the Water Management Plan as an amendment to the City's Local Coastal Plan, with modifications; and WHEREAS, the Morro Bay Planning commission on February 6, 1995 considered and approved the Plan as amended and recommended the City Council adopt the Plan as amended.; and NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, • California that it is hereby determined that the amendments made to the Water Management Plan are consistent with applicable City policies and programs; and BE IT FURTHER RESOLVED, the Water Management Plan, as amended, is hereby approved and shall take immediate effect, be located in the General Plan Land Use, Open Space and Conservation Elements after Program LU80.5 and further 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 gay at a regular meeting held on the 14th day of February, 1995, by the following vote: AYES: Anderson, Novak, Yates NOES: Crotzer, Unger ABSENT: None ABSTAIN: None ATTEST: • BRIDGE BAUER, City Clerk dr:water: res08-95 • ME FOREWORD The City of Morro Bay Water Management Plan We, the City Council of Morro Bay, have reviewed the enclosed Analysis and Recommendations for a Water Management Plan as prepared by the City's Consultant, Boyle Engineering and make the following comments. Determining a long term water source for the City of Morro Bay has been a topic of debate for many years. Numerous consultant reports, project investigations, and voter initiatives have not been able to forge a water policy. With the completion of Boyle Engineering's Analysis and Recommendations for a Water Management Plan, the City is now on the threshold of making that long term water source decision. Two sources of water have been continually supported and requested by the citizens of Morro Bay. State Water received 59.4% of the vote in a mandatory election in December 1991. Lake Nacuniento was voted on in 1978 and again in 1991. In both instances, there was overwhehning voter support: 78% in 1978 and 82% in 1991. In addition to these sources, the City built a desalination plant in 1991 to process seawater into drinking water on an emergency basis. At that time, the plant was seen as a long-term insurance policy for drought conditions. When first envisioned, this plant was not viewed as a potential source for the long tens, ongoing water needs of the City. Other projects such as Toro Creek and Coastal Streams Diversion were studied and ultimately deemed not feasible because of lack of storage facilities, lack of specific water rights and landowner opposition. Building of a dam on San Bernardo Creek was also studied and deemed not feasible due to cost and potential litigation from landowners in the area. In April 1991, the City Council prioritized water options in this order: 1. Conservation 2. Reclamation 3. Lake Nacimiento This Council re -endorses these options and adds State Water and desalination to the list respectively. By vote of the City Council, the priorities are as follows: I. Conservation 2. Reclamation 3. Groundwater • 4. State Water 5. Desalination (routine replacement and seasonal peaking) 6. Lake Nacimiento It is our opinion that the population and per capita consumption estimates are high in this report. The City interprets these numbers as guideline estimates. Further, we intend in no way, by accepting this report, to advocate anything other than strict compliance with Measure F. We believe, due to these higher estimates than possibly needed, that our long-term water requirements will be less than that stated in the report. We would, naturally, continue to maximize groundwater use because of its affordability. We are mandated by a citizens vote to use State Water. In normal years, we would use State Water first before using the wells. We further find that if we were released from the State Water obligation by the voters, then our preference would be the following: 1. Conservation 2. Groundwater 3. Reclamation 4. Desalination (routine replacement and seasonal peaking) 5. Lake Nacimiento • The City is committed to providing affordable and sustainable water to Morro Bay. Attachment A • WATER MANAGEMENT PLAN CITY OF MORRO BAY FEBRUARY 1994 Amended January 1995 Determining the long term water source for the City of Morro Bay has been a topic of Debate for many years. Numerous consultant reports, project investigations and voter initiatives have not been able to forge a water policy. With the completion of the Analysis and Recommendations for a Water Management Plan for the City of Morro Bay as prepared by Boyle Engineering Corporation and with the passage of Measure G which mandates the use of State Water through the Coastal Aqueduct as an imported source of water, the City is now able to formulate the City's long term water management plant. The Plan is set forth below. The City shall review the water management oIan_at least once every five vears to ensure that water sources are adequate and to reflect any changes in climatic hydrological, technological, or political conditions that could affect the City's long-term water supply, whether negatively or positively. As part of the five year review, the City shall prepare a resort and submit a copy to the Executive Director for review. When necessaryupdates to the water management plan are identified through the five year review, or as necessary at the discretion of the City. the City shall undate the water management plan by amending the • Land Use Plan The following programs will be implemented and/or continued in that State Water usage has been mandated by the people: 1. The City will develop appropriate levels of water conservation needed based on water availability and quality. 2. The City should continue with voluntary water conservation unless average annual personal water use exceeds 130 gpcd, at which time an extensive consumer education program shall be implemented and if unsuccessful, more stringent measures shall be adopted. 3. The City shall continue the use of groundwater within the limits of the City's water rights and promote the continued conservation of all water use through existing programs and promote additional methods of conservation to the benefit of the consumers. 4. The City shall take all the necessary steps to obtain the City's rights to its groundwater within the Morro and Chorro Basins. The City's eutstanding applications with the SWRCB Di:. ..... vFU/uivr n:-1-t reqeusted a total of 1723 AC 5. Even with delivery of State Water, use of reclaimed water is the City's . second highest priority and remains a productive source of potential conservation for both 1 Attachment A • large and small scale projects, respectively, and as a result, should be pursued when funded by a potential user. required as part of a wastewater plant upgrade or permit condition or when it is shown as cost effective for City use. Staff is further directed to pursue small scale projects as both internal and external funding sources are made available. 6. The City shall continue its participation in the State Water Project, in particular, the Coastal Branch Aqueduct and local facilities. 7. The City shall apply for and obtain permits to allow operation of the existing desalination facilities as a source of routine replacement water. With the high energy consumption of desalination, it is expected that the facilities will be operated intermittently once State Water is available. The main purpose of the facilities will be to make up for shortfalls in State Water and/or groundwater during droughts and blending to meet the City Council's established minimum** water quality standards, so long as those standards are consistent with the State Department of Health Services potable drinking water standards.* The permits should allow use of the facilities at the discretion of the City, so that the City can utilize all of its water supply options without declaring a water emergency. 8. Once permits are obtained, and before State Water is available, the City should begin operation of the desalination facilities, to verify its performance and to allow groundwater basins to achieve the minimum water quality standards established by the City Council, so long as those standards are consistent with the State Department of Health • Services potable drinking water standards.* Due to a settlement agreement between the City and the Cayucos Sanitary District, no discharge of brine waste from the desalination facilities into the jointly owned outfall shall occur. 9. The City should shall monitor groundwater levels and quality. Anee plan tandards.again meet minimu. The desalination t initially shall be operated as necessary to reduce groundwater pumping to ensure that groundwater quality meets or exceeds established minimum water quality standards for a continuous period of not less than four consecutive months Thereafter, the desalination plant shall be used as needed to ensure the Citv's** minimum water quality standards are met as routine replacement, and to offset drought conditions.* 10. When State Water becomes available, the City shall conjunctively use State Water, groundwater, and routine replacement desalination water to meet its demands in an economical manner without causing adverse levels of sea water intrusion or exceeding minimum water quality criteria as defined by the State or a subsequent action by the City. 11. A replacement well or wells for Well No. 8 should be constructed, far enough from Chorro Creek that the pumped water will not be under the influence of surface • water. F1 Attachment A 12. The City shall consider construction of a blending system to uniformly blend its water supplies within the City. Blending will greatly improve water quality, and will increase flexibility in which groundwater wells are pumped. Blending will also help the City meet stringent new water quality regulations currently being promulgated at the State and Federal levels. 13. If a permit is not received for operation of the desalination facilities as a routine replacement water source, the City should consider whether to continue to participate in Nacimiento Water Supply Project, as that project moves into the Phase 4, preliminary design and environmental review. • Should the City be relieved of its mandate to participate in State Water by a subsequent vote of the people, then the following programs would be pursued: 1. Immediate creation of a voluntary retrofit program throughout the entire City promoted and paid for the City, since Conservation is the City's number one priority. 2. The City shall continue the use of groundwater within the limits of the City's water rights and promote the continued conservation of all water use through existing programs and promote through a massive advertising campaign to encourage additional • methods of conservation. 3. The City should continue with voluntary water conservation unless average annual personal water use exceeds 130 gpcd, at which time an extensive consumer education program shall be implemented and if unsuccessful, more stringent measures shall be adopted. 4. The City shall take all the necessary steps to obtain the City's rights to its groundwater within the Morro and Chorro Basins. The City's outstanding applications with the SWRCB, Division of Water Rights requested a total of 1723 AF. 5. A replacement well or wells for Well No. 8 should be constructed, far enough from Chorro Creek that the pumped water will not be under the influence of surface water. 6. The City shall consider construction of a blending system to uniformly blend its water supplies within the City. Blending will greatly improve water quality, and will increase flexibility in which groundwater wells are pumped. Blending will also help the City meet stringent new water quality regulations currently being promulgated at the State and Federal levels. 7. The City shall establish incentives to increase the use of greywater for • irrigation within he limits of the criteria as set forth by State Health. Should those limits 91 Attachment A • make greywater use impractical within the City, staff is directed to pursue the necessary legislative option at the State level to set reasonable standards and limits on greywater use. 8. Upgrade a portion of the wastewater effluent (100-200 AF) to tertiary treatment and build pipelines to distribute to schools, parks and or farms for irrigation. All available options should be investigated as possible sources for water reclamation. 9. The City shall apply for and obtain permits to allow operation of the existing desalination facilities as a source of routine replacement water. With the high energy consumption of desalination, it is expected that the facilities will be operated intermittently. The main purpose of the facilities will be to make up for shortfalls in groundwater during droughts and blending to meet the City Councils' minimum** established water quality standards, so lone as those standards are consistent with the State Department of Health Services potable drinking water standards. * The permits should allow use of the facilities at the discretion of the City, so that the City can utilize all of its water supply options without declaring a water emergency. 10. The City will continue to participate in Phase 4 design and environmental review of the Lake Nacimiento project. If it is determined to be cost effective, then participation through the construction phase of this project should be considered by the City. • * = language approved by Coastal Commission Staff ** = added by Coastal Commission Staff at time of approval THIS WATER MANAGEMENT PLAN WAS ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 28th day of February, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUSAN MULLEN, Vice Mayor ATTEST: BRIDGETT DAVIS, City Clerk THIS WATER MANAGEMENT PLAN WAS ADOPTED, WITH • AMENDMENTS, by the California coastal Commission on January 11, 1995. Said 4 Attachment A • amendments have been incorporated and approved by the City Council of the City of Morro Bay on February 14, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: BRIDGETT BAUER, City Clerk • WTB/LC:C:CTTY)VW • WILLIAM YATES, Mayor STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Go"., CALIFORNIA COASTAL COMMISSION CENTRAL COAST AREA OFFICE RONT STREET, STE. 300 A CRUZ, CA 95060 (408) 427-4863 HEARING IMPAIRED: (415) 904-5200 January 18, 1995 -- RECEIVED Mr. Bill Boucher, Director JAN 2 3 1995 Public Works Department 695 Harbor Street D_PT. OF PU3LIC WORKS CITE' OF MORRO BAY Morro Bay, CA 93442 - -- SUBJECT: City Water Management Plan LCP Amendment 1-94 Dear Mr. Boucher: On January 11, 1995, the Coastal Commission approved the above referenced amendment subject to the Recommended Modifications contained in our staff report dated December 29, 1994, as supplemented by 1) the minor modifications contained in our January 4, 1995 addendum and, 2) the oral modifications made at the January 11 meeting. Attached to this letter are all of the modifications that the Coastal Commission has suggested be incorporated into the City's LCP by this amendment. • Pursuant to Section 13544 of the Commission's Administrative Regulations, the Recommended Modifications and the Commission's resolution of certification are hereby transmitted to the City for the City Council to take formal action to acknowledge receipt of the resolution of certification and to accept or reject the Recommended Modifications. The City has six months form the date of the Coastal commission's action on this amendment in which to take formal action or the amendment will be void. We appreciate your cooperation and assistance in our review and processing of this amendment. • attachments Sincerely, David Loomis Assistant District Director Steven Guineyl Coastal Program Analyst 0315S Mr. Bill Boucher January 18, 1995 Page 2 • CITY OF MORRO BAY LCP AMENDMENT NO. 1-94 (Water Management Plan) A. RESOLUTION OF CERTIFICATION The Commission hereby certifies Amendment #1-94 to the Land Use Plan of G�he City of Morro Bay Local Coastal Program for the specific reasons scussed in the following findings on the grounds that, as modified, P�®Q these amendments and the LUP as thereby amended meet the requirements of Chapter 3 of the Coastal Act. These amendments, as modified, are consistent with applicable decisions of the Commission that guide local government actions pursuant to Section 30625(c) and approval will not have significant environmental effects for which feasible mitigation measures have not been employed consistent with the California Environment Quality Act (CEQA). RECOMMENDED MODIFICATIONS At the end of the introductory paragraph to the water management plan (see Exhibit 1, page 10 of the staff report), add the following: Delete the following from program 4 on page 1 and from program 4 on page 3 of the water management plan (see Exhibit 1, pages 10 and 12 of the staff report): 7NE/2ft,�JE/�dfEt�ddid�/���IfE�ti�dL/J�9tVfltbf@/SWR2B�/DiJiLf��fl�f Wit@t/Rf��itL//`@�d�lf@d/�/f�f�7/�f/I723/RV/ Add the following bold. underscored language where indicated in program 7 on page 2 of the water management plan (Exhibit 1, page 11 of the staff report): "....The main purpose of the facilities will be to make up for • .'1,-,tshortfalls in State Water and/or groundwater during droughts and '`:,,`-'blending to meet the City Councils' established minimum water quality standards so long as those standards are consistent wi t��ate Denartment of Haal+h ,, Mr. Bill Boucher January 18, 1995 Page 3 I A 4. Add the following bold. underscored language where indicated in program 8 on page 2 of the water management plan (Exhibit 1, page 11 W, of the staff report): "Once permits are obtained,... minimum water quality standards established by the City Council . so long as those standards are 5. Delete the following and add the following bold, underscored language where indicated in program 9 on page 2 of the water management plan (Exhibit 1, page 11 of the staff report): "The City iWld shall monitor groundwater levels and quality. OdEE/�tmdddJ��(t@t/�ddlif,�/d�dEfs/df/E:tt@@dt/fN@/¢ff>jls/dSfdm7idNdd d�ldid�dd�/�4i(f@t/�dt7ff}/fftdddtds/fdt/d/t�dffddddd/�EP1dd/�f/ddf/1ES6 tifdd/fddf/tdd6@Edti�@/fid►ifNd/fif@d/dE�/J�dfdf/d@ddliddfidd/tdd/tlE _. ds@d/id/d/tddfidE/tE�lttEd�Edf(/tEdditdd/td/dffEEf/dfdd�Nt �t-i. Edddifidd6/d//fd/��d9d/d�EEf/d�fdfd�dd�/J�df@t/ddt7ff 6/tttdd�tdE! The • 6. Add the following bold. underscored language where indicated in program'9 on page 3 of the water management plan (Exhibit 1, page 12 of the staff report): ..The main purpose of the facilities will be to make up for shortfalls in groundwater during droughts and blending to meet the City Councils' established minimum water quality standards a vo long as those standards are consistent with the State Department of Health Services potable drinking water standards." End of Modifications FB 6 1995 D COh�il.^.Jll:i!1�" p t p Ni G F February 6, 1995 Chairman and members of the Commission Morro Bay City Planning Commission 595 Harbor Morro Bay, California 93442 Dear Members of the Commission: Congratulations on your appointment to a very important body of government! One item you are scheduled to hear tonight is to consider certain modifications to the Water Management Plan suggested by the California Coastal Commission. This Water Management Plan was sent to the Coastal Commission after the City Council rejected the Boyle Engineering draft of the Plan that had been • recommended by the City Staff. Thereafter, the Council conceived a series of statements which they subsequently stated as their Water Management Plan. They thereafter directed Staff to prepare their statements into resolution form and bring it back for their adoption. The Coastal Commission approved the Councils resolution provided certain minor changes were made to the document. Those changes are now before you tonight in the form of General Plan and Coastal Plan amendments to consider and make a recommendation back to the Council. The process I have just described has been seriously flawed and it is doubtful the adoption of the Water Management Plan could withstand a challenge in court. Section 65354..5 of the California Government Code (which describes the process for adopting General Plan Amendments) states: " However, any substantial modification proposed by th legislative body not previously considered by the Commission during its hearings, shall first be referred to the Planning Commission for its recommendation." After the Council completely revised the list of policy statements, they were required by law to send the matters back to the Planning Commission for its recommendation. There was never any consideration by the Council to do that and after the final •hearing ua the resolution the Council adopted the Water Management Plan and transmitted it to the Coastal Commission. 1012 Pacific. Suite 1A San Luis Obispo, CA 93401 FAX 805.542.9949 805.546.9300 Page two . Morro Bay Planning Commission February 6, 1995 • 0 You have advertised only the modifications sent to you from the Coastal Commission. The Water Management Plan was never properly consummated and must go through the proper hearings before it is. Without having been properly adopted it is senseless to consider amendments at this time. I would suggest you continue this hearing until the issue of the legal adoption of the plan is clarified. Your consideration of my request would be appreciated. cc: Donald Funk, Warren Dorn Respectfully submitted, Ned Rogoway, AICP Planning Director Morro Vag Beautiful A non profit City Daautlneation loundatlon • P.O. BOX 88, MORRO BAY CALIFORNIA 93443 I o I t � �� �'I�L tea• � Vti♦ Newly appointed Planning Commission City of Morro Bay, City Hall 595 Harbor Morro Bay CA 93442 Dear Honorable members of the newly appointed Morro Bay Planning Commission, You will notice on the letter to the Mayor and City Council dated January 23, 1995, an article I received in this weeks Sun Bulletin concerning the meeting at 7 p.m. in the Veterans Hall tonight. Enclosed is this letter and a prior letter of December 10, 1994 concerning the City's Water Management Plan. Ned Rogoway, Former Planning Director, has submitted a very thorough letter on the City Water Management Plan to the Coastal Commission. The staff said points raised were matters for local jurisdiction and the City of Morro Bay. Both he and I would like to pursue his letter with you at a future meeting, as neither of us can be at this hastily called meeting. • We respectfully request after hearing from the audience that you would postpone any action until we have had a chance to discuss this matter with you. Inasmuch as I have heard nothing from my two prior letters I hope that our request to be notified of future meetings would be honored. Please let us know of a time that would be convenient to you for discussion of this vital issue. Congratulations on your appointment and we are honored that you would devote your precious time to such a worthy local public purpose. Sincerely, Warren M. Dorn, President WMD/ng is Morrow Vrauttfut 1ny A non profit City beautification foundation �; I . P.O. BOX ea MORRO BAY CALIFORNIA 93443 1 """" `� $ Ft� 6 1995 � I December 10, 1994 Mayor and City Council of Morro Bay 595 Harbor Morro Bay CA 93442 Dear Mr. Mayor & Honorable Members of Morro Bay City Council, It has been brought to my attention that at your Council Meeting on December 12, 1994, there are several items on the Agenda of great concern to me, and our members. I would respectfully ask that the following items be continued. 1. Item A-4 - Under the Consent Calendar: "Designating onstreet handicap parking space along Shasta Avenue." While I have no problem with this most urgently needed work to adequately take care of handicap needs in our community, I feel it is long past time that we prioritize some of these important issues as they affect our citizens and I would respectfully request, again, that there be a proper onstreet handicap parking space and parking designation and handicap access on Piney Way, Harbor Ave. to better serve the Oddfellows Hall. • 2.1Item A-5 - Under the Consent Calendar: "City's Water Management Plan." Here, again, I would hope that this matter could be continued to such time that we are able to work with the City's Water Advisory Board on the ltpcoming Water Management Plan Symposium. As I have mentioned in the past we are having great support for this much needed symposium on water (our most urgent community problem) from our new elected State Senator, Jack O'Connell, and, of course, from our newly elected Assemblyperson, Tom Bordonaro, and the continuing interest and support of the county's engineer, Clint Milne, the director of the Los Angeles Sanitation District and other important potential participants in this much needed and long awaited water symposium as proposed by Councilperson Ahnawake Unger and supported by Morro Bay Beautiful Foundation. 3. Item A-8 - Under the Consent Calendar: "Resolution approving an application for Target Rock area Boat Launch Ramp." Here, again, I think we give mixed signals when we talk about applying for grants with such things as this proposal that came up through the Destination 2,000 Study. It seems to me that on priority the number 1 need for state and federal and grants is for water in this community, as I'm sure you all remember, we received Federal and State and other grants to build our new Sewer Treatment Plant back in the early 1980's. • This was done with the commitment by our city that we would Morro Bay Mayor and City Council • December 10, 1994 Page 2 conserve water, and build up our water levels in both our Morro and Chorro Creek basins by reclaiming, tertiary treating and reusing our wastewater. It seems to me that these matters should be, and undoubtedly will be, discussed at the Water Symposium that will be held after the first of the year, according to our recent conversations and correspondence with the City Officials (see enclosed letter of October 24, 1994). Please honor my request to continue these matters, inasmuch my "Bride" and I will be in Santa Barbara for our son's wedding and we just cannot be present to speak on these and other matters proposed for your Agenda on Monday,. December 12, 1994, meeting. Again, with the pledge of our organization and our personal support of this long awaited city water plan symposium, please let us help any way we can. Very sincerely, JJ , Gv6,'G�t�C • Warren M. Dorn, President W MD/ng 0 N SPI—Ic Commission 01-27-1P95 ne:.2F.FI-I FF.011 Specialized Office TO xx a SraIttifat to get feetwef MORRO BAY —The newly- • • nen profit CIt7 beeuttncunon toundutlon PO. BOX ?g_ MORRO SAY CALIFOnNIn 014a7 appointed Planning Commis - sion will be meeting Monday Feb. 6. Heading the agenda is a pub January 23, 1995 lic hearing on the city's Water Management Plan. The Coastal Commission recently approved the plan, Mayor and City Council of Morro Bay with certain changes, and the 595 I3arbor Planning Commission will be Morro Bay CA 93442 reviewing those changes. The meeting starts at 7 p.m, in the Veteran's Hall. Dear Mayor &- Honorable Members of Morro Bay City Council, Questions? Call 772-6210. I have just been infonne.d that your council meeting agenda for tonight's meeting includes a Consent Calendar Item (B7 Consideration of Final Adoption of WWtter Manaeement Phan). Just as i felt it was wrong to include such a consent calendar item on your December 10, 1994 aecrtda, I feel this important policy matter of our city's water management plan should not bee held until there is the water symposium as recommended by Councilpetson Alutawake Unger. Such an important water symposium should have full participation by Morro Bay individuals and organizations concerned with our city's water shortage problem as dramatized by the California Coastal Commission when it imposed our city's building moratorium hack in 1979. • 1'he tact that you haverecently done away with the city's Water AdNdsory Board and inasmuch as there has been no realistic legal conservation plan including reclaiming and reusing our wastewater, this Consent Calendar Item should be continued for further consideration. Neither Vice President, Ned Rogoway, nor I can be in attendance tonight and I hope that this matter will be continued until your council has in place the new "Super Advisory Board" which would have, as one of its principal duties and responsibilities, the matter of water conservation in Morro Bay. Sincerely, Wanes M. Dorn, President cc: Ned Rogoway WMD/ng 40 RESOLUTION NO. 7-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING THE PUBLIC WORKS ADVISORY BOARD, AND RESCINDING RESOLUTIONS IN CONFLICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, there are limited staff resources to dedicate to the numerous appointed advisory boards; and WHEREAS, repeated recruitment efforts to obtain applicants for available advisory board positions have failed to produce sufficient response; and WHEREAS, numerous board meetings have been canceled due to lack of quorum; and • WHEREAS, overlapping jurisdictions require, in some cases, more than one advisory board's review of an issue; and WHEREAS, Council wishes to streamline procedures in order to conduct the public's business in a timely manner. NOW, THEREFORE, BE IT RESOLVED, by the Morro Bay City Council as follows: 1. The Franchise Advisory Board, Streets and Trees Committee, Transportation Advisory Board, and Water Advisory Board are hereby combined into one board; the Public Works Advisory Board. 2. The Public Works Advisory Board shall consist of seven members. 3. The Public Works Advisory Board shall be appointed by and serve at the pleasure of the City Council. 4. The initial terms of four members shall expire January 31, 1997; and, the terms of three members shall expire January 31, 1996. Thereafter members shall serve for two year terms. Vacancies occurring other than by expiration of term shall be filled for the • unexpired term only. Resolution No. 7-95 Page Two • 5. Resolution No. 01-91 constituting a Streets and Trees Committee, Resolution No. 78-93 approving a Franchise Advisory Board, and any other resolutions or Council action in conflict with this resolution are hereby rescinded. 6. The Public Works Advisory Board shall formulate rules and procedures to govern its operation, and said by-laws shall be reviewed and approved by the City Council. The by-laws will include, but not be limited to, provisions for appointment of officers, absences, regular meeting times and places, and a mission statement. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting held on this 23rd day of January, 1995, by the following vote: AYES: Anderson, Novak, Unger, Yates NOES: Crotzer ABSTAIN: None • ATTEST: BRlDGEA BAUER, City Clerk 40 WILLIAM YATES, • RESOLUTION NO. 6-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING GUIDELINES FOR SELECTION OF ADVISORY BOARD THE CITY COUNCIL City of Morro Bay, California WHEREAS, City Council adopted a Policy Statement for Selection of Advisory Board Members on January 28, 1991; and WHEREAS, Council now wishes to amend said policy to delete the prohibition of advisory board members serving more than two consecutive terms on any one board; establish a new expiration date for terms in any given year; and various other matters. NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby adopt the attached amended City Council Policy Statement for Selection of Advisory Board Members. • PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting held on this 23rd day of January, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSTAIN: None ATTEST: BRIDGE 99 BAUER, City Clerk 40 4 CITY COUNCIL POLICY STATEMENT 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 reactionary sounding boards on various issues and problems confronting the City. Citizens appointed by the City Council to serve on advisory bodies render valuable service to their community and to the City. At a minimum, the City Council annually considers applicants for appoint- ment 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 practices 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 individual as a candidate for appointment to another City Board or Commission. 4. Each member of every advisory board and commission shall be a qualified voter of the City of Morro Bay, except as specifically set forth by • Ordinance. • 5. Absence of a duly -appointed advisory board member or commissioner from three consecutive meetings of their respective 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. 6. January 31st is hereby established as the month and day all terms expire in the year specified when members are appointed. This Policy Statement shall be attached to all Applications for Appointment to inform prospective candidates of its content and applicable City policies. Advisory board bylaws shall be amended to conform with this policy. • 0 RESOLTUTION NO. 05-95 AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO CONTRACT NO.83-33-116-23 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. 83-33-116-23 for a $30,000 grant towards purchase of a 27' Radon patrol boat; and WHEREAS, the contract allowed for the City's use of the 27' Radon patrol boat, CF 2190 XC through March 13, 1994; and WHEREAS, the Department of Boating and Waterways has amended the contract to extend the "Term of Operation" through March 13, 2004 allowing the City's continued use of the 27' Radon patrol boat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the First Amendment to Contract No. 83-33-116-23 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 23rd day of January, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ' a `. 0 • FIRST AMENDMENT TO BOATING SAFETY AND ENFORCEMENT GRANT This amendment is entered into on March 10, 1994, between the California Department of Boating and Waterways [DEPARTMENT] and the City of Morro Bay (GRANTEE]. The DEPARTMENT and the GRANTEE agree to amend their CONTRACT of March 13, 1984 [CONTRACT No.63-33-116- 23] as follows: 1. ITEM #4, Page 1, "TERM OF OPERATION" shall read: "In regard to that certain 1984 Radon 27' patrol boat, CF 2190 XC, Hull #CJV35271084B, for that period of time commencing on the date first appearing herein, and amended to mature on March 12, 2004." CITY OF MORRO 1 ,\/)A � By: Title January 23, 1 Date Signi CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS [Federal Catalog #20.005/No State Funds] for Date Signed . RESOLUTION NO. 04-95 A RESOLUTION OF THE CITY COUNCIL APPROVING PUBLIC AREA USE PERMIT NO. 867 FOR THE CAL POLY CREW CLUB REGATTA 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 a Regatta in the Morro Bay harbor which presents an inherent conflict with other harbor users; and, WHEREAS, the City Council has reviewed the aforementioned Regatta 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 Regatta 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. 867 for the Cal Poly Crew Club practice. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 23rd day of January, 1995 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None MAYOR ATTEST: BRIDGETT AVER CITY CLERK • al.ree89-94 "ATTACEMENT A" • The following conditions are placed on the Pubic Area Use Permit No. 867 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. (Please note this condition has been met). 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. (Please note this condition has been met). 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 7:00 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 following the regatta. 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. 8. 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 the Regatta. 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. By our signature below we indicate we understand the preceding conditions for Cal Poly Crew use of the harbor at Morro Bay and Coleman Park, and accept these conditions. We further acknowledge the City's authority to cancel the Permit issued above and terminate Cal Poly Crew Club's use of the harbor for this special event for failure to abide by any of the above conditions. • Marcy Maloney Assistant Recreational Sport Director al/polycrew Crew Club President Date • RESOLUTION NO. 03-95 RESOLUTION PROHIBITING ON -STREET PARKING ALONG A PORTION OF 456 ELENA STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, at 456 Elena Street there exists a forty -unit senior citizen and mobile handicapped apartment community known as Ocean View Manor Apartments; and WHEREAS, to enable better support and emergency servicing of the tenants, there exists a need to prohibit on -street parking along the frontage of a portion of 456 Elena Street; and WHEREAS, Section 10.36.040 of the Morro Bay Municipal Code provides for prohibition of parking on public streets by City Council Resolution; and WHEREAS, Section 22514 of the State Vehicle Code requires no parking within 15 feet of a fire hydrant. • NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California that the above -referenced parking prohibition as designated on the attached Exhibit is hereby established; and BE IT FURTHER RESOLVED, that the Director of Public Works be authorized and directed to install curb marking at the location indicated on the attached exhibit.. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th day of January, 1995, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anderson, Crotzer, Novak, Unger, Yates None None None BRIDGETT89AUER, • RESOLUTION NO. 02-95 A RESOLUTION APPROVING CLAIMS FOR TRANSPORTATION DEVELOPMENT ACT FUNDING FOR FISCAL YEAR 1994/95 THE CITY COUNCIL City of Morro Bay, California WHEREAS, each year the City submits a claim for funding through the Transportation Development Act for both local and regional funding; and WHEREAS, the amount claimed for fiscal year 1994/95 for local funding to be used primarily for Morro Bay Dial -A -Ride is $224,597; and WHEREAS, the amount claimed for fiscal year 1994/95 for regional funding to be used primarily for San Luis Obispo Regional Transit Authority is $57,965; and WHEREAS, the amount claimed for fiscal year 1994/95 for local bikeway/pedestrian ways is $3,847; WHEREAS, the total amount claimed by the City of Morro Bay from Transportation Development Act funds for fiscal year 1994/95 is $286,409. • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay approves the City's Transportation Development Act claim in the total amount of $286,409 for fiscal year 1994/95. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of January 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGET BAUER, City Clerk ,• LC:C:LYNN:02-95 RESOLUTION NO. 01-95 A RESOLUTION AWARDING THE CITY VEHICLE SMOG CHECK PROGRAM (WW 1- 94) FOR CALENDAR YEAR 1995 THE CITY COUNCIL City of Morro Bay, California WHEREAS, each year the City requests proposals from local vendors for its vehicle smog check program; and WHEREAS, of the three proposals submitted on December 15, 1994 for the 1995 calendar year, Morro Bay Shell was the apparent lowest bidder. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Vehicle Smog Check Program bid for the calendar year 1995 be awarded to Morro Bay Shell. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of January 1995 by the following vote: . AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETJ BAUER, City Clerk LQQLYNN:01.95 J&