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HomeMy WebLinkAboutResolution 78-95 to 134-95• RESOLUTIONS 1995 NO. TITLE ADOPTED 78-95 Confirming the Report of City Staff Regarding Weed Abatement Procedures And Making Assessments 07-10-95 79-95 VOID 80-95 VOID 81-95 Authorizing the Mayor to Execute the Third Amendment to Contract No. 91-102-038; $2,000,000 Loan with the Department of • Boating & Waterways 07-10-95 82-95 Relating to the Classification, Compensation, And Terms of Employment of Miscellaneous Employees of the City of Morro Bay 07-10-95 83-95 Relating to the Classification, Compensation, And Terms of Employment of Confidential Employees of the City of Morro Bay 07-10-95 84-95 Relating to the Classification, Compensation, And Terms of Employment of Police Employees of the City of Morro Bay 07-10-95 85-95 Relating to the Classification, Compensation, And Terms of Employment of Management Employees of the City of Morro Bay 07-10-95 E • RESOLUTIONS 1995 NO. TITLE ADOPTED 86-95 Confirming Diagram Boundaries and Levying An Assessment for the Bayshore Bluffs Park Maintenance Assessment District 07-10-95 87-95 VOID 88-95 Approving a Request by Morro Bay Garbage Service for a Rate Increase and Decreasing The Solid Waste Franchise Fee 07-10-95 . 89-95 Approving Funding for Exterior Design • Scheme of Two New Dial -A -Ride Vehicles 08-14-95 90-95 Establishing the Recreation Cost Recovery Categories for Fiscal Year 1995/96 07-24-95 91-95 Supporting the "Weather 3" Project 07-24-95 92-95 Approving Lease for Lease Site 62/62W Between the City and Bruce & Kathy Lewis 07-24-95 93-95 Petitioning CalTrans for Highway 1 Pedestrian Crossing in the Area Bounded By Highway 41 and Yerba Buena Street 07-24-95 94-95 Approving Inter -Fund Transfers to Finance The Energy Retrofit Program 08-14-95 95-95 Recognizing the California Gold Discovery To Statehood Sesquicentennial 08-14-95 • RESOLUTIONS 1995 NO. TITLE ADOPTED 96-95 Relating to the Classification, Compensation, And Terms of Employment of Fire Fighter Employees of the City of Morro Bay 08-14-95 97-95 Authorizing the City Administrator to Execute and Submit Tax Compliance Questionnaires for Proposition 116 Grants For Twin Bridges Bike Lanes and South Bay Boulevard Bike Lanes 08-14-95 98-95 Accepting an Offer of Easement Dedication • From the Cypress Plaza Shopping Center For Waterline Purposes 08-28-95 99-95 Accepting the Off- and On -Site Public Improvements to the Cypress Shopping Center Consisting of Parcels 1- 6 of Parcel Map 92-073 Filed August 18, 1993 In Book 50 of Parcel Maps at Page 35 08-28-95 100-95 Certifying the Final Environmental Impact Report for the Twin Bridges Replacement Project 08-28-95 101-95 Announcing Findings and Approval of Amendments to the Land Use Map of the General Plan, and Local Coastal Plan 08-28-95 102-95 Approving an Agreement Between the City And Pacific Gas and Electric Company . Regarding Desalination Facility Discharge 08-28-95 • RESOLUTIONS 1995 NO. TITLE ADOPTED 103-95 Establishing Economic Hardship Criteria And a Program for Water Rate Adjustments 08-28-95 104-95 Approving the Designation "Old Town' for Downtown Morro Bay 08-28-05 105-95 Reaffirming and Establishing Specific Council Policy and Protocol Pertaining to the Efficient And Orderly Conduct of City Business 09-11-95 106-95 Authorizing the City Administrator to • Negotiate and Execute a Contract for the Purchase of Financial Software 09-11-95 107-95 Endorsing the Application to the California Department of Aging for Designation of San Luis Obispo County as a Planning and Service Area 09-11-95 108-95 Authorizing and Directing Designation of a 20-Minute On -Street Parking Limitation Adjacent to 710 Morro Bay Blvd.; and the Removal of Two Existing Restricted Parking Spaces on Morro Bay Blvd. Adjacent to City Park 09-25-95 109-95 Opposing the "Rental Assistance" Proposition That would Pre-Emp Local Mobilehome Rent Control 09-25-95 • RESOLUTIONS 1995 NO. TITLE ADOPTED 110-95 Authorizing the Mayor to Execute Grant Contract #95-204-045 with the Department Of Boating and Waterways for Engine Re -Powering on Harbor Patrol Boat 09-25-95 111-95 Approving Public Area Use Permit for the Cal Poly Crew Club Daily Practice and Annual Regatta 09-25-95 112-95 Approving the Application for Land and Water Conservation Funds for the Del Mar • Hardcourt Project 09-25-95 113-95 Requesting a Grant from the Department of Boating and Waterways for the Development Of a Boat Pumpout/Dump Station Facility At Tidelands Park 10-09-95 114-95 Supporting Participation in the Regional Consortium Network 10-09-95 115-95 Amending City Council Resolution No. 09-94 And Authorizing Master Lease Agreement, Signatories and Notice of Intent to be Reimbursed 10-09-95 116-95 Amending the Operating Budget and Making Additional Appropriations for Fiscal Year 1994-95 for the City of Morro Bay 10-09-95 n u • RESOLUTIONS 1995 NO. TITLE ADOPTED 117-95 Supporting the League of California Cities' Resolution on Sales Tax Redistribution to Increase the Amount Received by Cities To 2% 10-09-95 118-95 Celebrating the 40`s Anniversary of the Morro Bay Power Plant 10-09-95 119-95 Identifying and Prioritizing Transportation - Related Capital Improvement Projects 10-09-95 • 120-95 Approving an Application for Funding for a Water Reclamation Feasibility Study — Business Retention and Expansion Impact And the Execution of a Grant Agreement From the Planning/Technical Assistance Allocation of the State CDBG Program 10-09-95 121-95 Accepting Transfer of Eligible Applicant Status from San Luis Obispo County for Proposition 116 Twin Bridges Project 10-09-95 122-95 Authorizing the City Administrator to Execute a Proposition 116 Fund Transfer Agreement with the State of California Department of Transportation for the South Bay Boulevard Bike Lanes Grant 10-23-95 123-95 Authorizing Application for State Highway Account Funding for South Bay Blvd. • Raising/Widening Project 10-23-95 • RESOLUTIONS 1995 NO. TITLE ADOPTED 124-95 Approving Agreement with Addiction Medicine Consultants, Inc. for Drug And Alcohol Testing 10-23-95 125-95 Amending the Operating and Capital Improvement Budget for FY 95-96 And Setting a Department Payment Schedule for the Debt Owed by the Harbor Fund to the General Fund 11-13-95 126-95 Approving Sublease for Portion of • Lease Site 91-92/91 W-92W 11-27-95 127-95 Storm Drain Maintenance District No. 1 Establishment of Yearly Assessment For Tract 1231 Lot Owners 11-27-95 128-95 VOID 129-95 Requesting the San Luis Obispo County Board of Supervisors for Inclusion into The Selection of the Method for Utilizing Environmental Services on the Chorro Valley Pipeline 11-27-95 130-95 Authorizing the City Administrator to Execute a Proposition 116 Fund Transfer Agreement with the State of California Department of Transportation for the Twin Bridges Bike Lanes Grant 12-11-95 is 40 • RESOLUTIONS 1995 NO. TITLE ADOPTED 131-95 132-95 133-95 134-95 Authorizing the City Administrator to Execute a Contract for the Purchase of Computer Hardware and Related Services Authorizing the Mayor to Execute the First Amendment to Grant Contract #95-204-045 12-11-95 With the Department of Boating and Waterways For Engine Re -Powering on Harbor Patrol Boat, and Amending the FY 95/96 budget to Appropriate Grant Revenue 12-11-95 Approving Drug and Alcohol Testing Policy For Employees with Commercial Driver's Licenses Amending the Fiscal Year 1995/96 Master Fee Schedule 12-11-95 12-11-95 • RESOLUTION NO. 134-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE FISCAL YEAR 1995-96 MASTER FEE SCHEDULE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council has found that fees and charges for City services are in need of updating from time to time to reflect changes in the cost of providing those services; and WHEREAS, the City has reviewed its Business License Tax fee schedule and finds that the proposed new tax category for Special Event Transient Vendors is needed and is appropriate; and WHEREAS, the City Council last adopted and amended its Master Fee Schedule, by City Council Resolution No 63-95, on June 26, 1995; 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 amended to include the Special Event Transient Vendor business classification and tax rate schedule, as per attachment, and is effective December 11, 1995 and thereafter unless amended. BE IT FURTHER RESOLVED, that the local organization which is sponsoring the event, shall as part of its registration process, collect the Special Event Transient Vendor tax, in accordance with the attached rate schedule, and remit it to the City Treasurer, or his designee, on or before the day of the special event. In consideration for the collection and registration services rendered, the sponsoring local organization shall retain 5% of the taxes collected, as a handling fee. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Mono Bay, on the 11 th day of December, 1995, by the following vote to wit: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ILLIAM YATES, Mayor 01�1/ BRIDGETT BAUER, City Clerk • Attachment to City Council Resolution No. 134-95 City of Morro Bay Master Fee Schedule Business License Rates Effective December 11,1995 Type Special Event Transient Vendor day • �:� ��� a D�Ea 4, 1995 Fee $15/event- one -day event $20/event - two-day event $25/event-three-day event RESOLUTION NO. 133-95 RESOLUTION APPROVING DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES WITH COMMERCIAL DRIVER'S LICENSES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay realizes its employees are its most important resources; and WHEREAS, the City wishes to provide a safe working environment for City employees, protect the safety of persons and property, provide the highest quality of public service, promote efficiency and productivity, prevent loss of public confidence and damage to the City's reputation, and encourage employees who are concerned about their alcohol and/or drug use to voluntarily seek assistance; and WHEREAS, the Federal Highway Administration regulations for Drug and Alcohol testing are effective January 1, 1996. • NOW, THEREFORE, the City Council of the city of Morro Bay does hereby adopt the Drug and Alcohol Testing policy for F_mployees With Commercial Driver's Licenses attached hereto and made a part hereof. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 11 th day of December 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: '4Jounk�/ BRIDGETT B R, City Clerk 40 • DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES WITH COMMERCIAL DRIVER'S LICENSES DEFINITIONS: Drug abuse is defined as: 1. The excessive use of lawfully obtained prescription drugs or over the counter drugs when such use substantially impairs job performance, alters behavior and/or creates a risk to the health and/or safety of the employee or others; and/or 2. The use of illegal drugs or controlled prescription drugs obtained unlawfully. Alcohol abuse is defined as: 1. Using or possessing alcohol on the job. 2. Consuming alcohol within 4 hours of performing safety sensitive functions. 3. Employees who have an alcohol concentration of 0.02 or greater while performing safety sensitive duties. POLICY: • The City, pursuant to the Federal Highway Administration regulations, effective January 1, 1996, requires all individuals possessing commercial drivers' licenses who perform safety sensitive functions be tested for drugs and alcohol under the following conditions: I . Drug testing only for pre-employment/transfer into such a position; 2. Where there is a reasonable cause/suspicion that an employee has violated this policy; 3. After an accident involving a commercial vehicle, where there is a loss of life or where the employee is cited for a moving traffic violation arising from the accident; 4. Upon an employee's return to duty after testing positive for drugs and/or alcohol; 5. Random testing; 6. Follow-up testing after it has been determined that an employee has tested positive for alcohol or drug use. If a test shows that the employee is under the influence of drugs or alcohol, the employee may be eligible for treatment or rehabilitation. Positive test results may result in disciplinary action, up to and including termination. All affected employees shall be given a copy of this policy. 0 DRUG AND ALCOHOL TESTING • POLICY REQUIREMENTS AND INFORMATION FOR SUPERVISORS AND EMPLOYEES AFFECTED BY THE FEDERAL HIGHWAY ADMINISTRATION REGULATIONS EFFECTIVE JANUARY 1, 1996 This policy was developed pursuant to regulations enacted by the Federal Highway Administration (49CFR, Part 382). The requirements and information should be fully understood by all individuals that possess a commercial driver license. Questions should be referred to supervisors, association representatives, or the Personnel Office for clarification. F-I 40 TABLE OF CONTENTS SECTION PAGE DEFINITIONS................................................................................................... I WHO IS AFFECTED BY THIS POLICY?......................................................... 2 DISCIPLINE FOR WORK -RELATED PROBLEMS .......................................... 7 • CONFIDENTIALITY......................................................................................... 7 RECORDKEEPING............................................................................................ 7 FOLLOW-UP FOR POSITIVE TESTING.......................................................... 8 Substance Abuse Professional (SAP) Services .......................................... 8 SUPERVISORY PROCEDURES FOR DOCUMENTING REASONABLE SUSPICION OF DRUG AND/OR ALCOHOL USE ............................... 8 SPECIMEN COLLECTION PROCEDURES..................................................... 9 DrugTesting............................................................................................ 9 AlcoholTesting........................................................................................ I I 0 DEFINITIONS • The following definitions shall apply for drug and alcohol testing of individuals with Commercial Driver's Licenses: Alcohol - Any beverage containing alcohol. Breath Alcohol Technician (BAT) - An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device. Commercial Drivers' License (CDL) - Class A, Class B, or Class C license for transporting hazardous materials issued by the State of California, and which is categorized as a CDL under 49 C.F.R. Part 383. Commercial Motor Vehicle (CMV) - Vehicles weighing over 26,001 Gross Vehicle Weight Rating (GVWR), Department of Transportation (DOT) placarded vehicles under hazardous material regulations or vehicles designed to transport 16 or more passengers, including drivers. Drugs/Controlled Substances - Amphetamines, cocaine, marijuana, opiates and phencyclidine (PCP). Employee - Any employee of the City who is required to have a CDL and/or operates a commercial motor vehicle (CMV). • 5 Panel Drug Test - Five categories of drugs established by the federal government which fall under "controlled substances". They are amphetamines, cocaine, marijuana, opiates and phencyclidine (PCP). Medical Review Officer (MRO) - A licensed physician certified to review and interpret all drug tests before they are reported to the Personnel Officer or designee. Premises - Buildings, property, work areas, vehicles, parking lots and any place the employee happens to be during the course and scope of City employment during working hours. Pre -Placement - Conducted before applicants are hired or after an offer to hire, but before actually performing safety -sensitive functions for the first time. Testing is also required when employees transfer to a safety -sensitive position. Prescription Drugs - Any drug or medication prescribed by licensed physician for a medical condition. • Reasonable Cause/Suspicion - The employer/supervisor believes that the actions, appearance, speech, body odors or conduct of an on -duty employee are indicative of the use of drugs, alcohol or other controlled substances. Safty Sensitive Function - Any one of the on -duty functions set forth in 49 C.F.R. Section 395.2 (On -Duty Time, paragraphs (1) through (6)). Safety Sensitive Personnel - Employees holding a Commercial Drivers' License and driving a commercial vehicle, on a full-time, part-time or intermittent basis. Substance Abuse Professional (SAP) - A licensed physician, licensed or certified psychologist, social worker, employee assistance professional or an alcohol and drug abuse counselor certified by the National Association of Alcohol and Drug Abuse Counselors Certification Commission (NAACAC) with specific knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug -related disorders. WHO IS AFFECT BY THIS POLICY? All drivers will be tested if they possess a Commercial Drivers License (Class A, Class B, or Commercial Class C) o drive one of the following vehicles: • Vehicles of over 26,001 GVWR. • Department of Transportation placarded vehicles under hazardous material regulations. • Vehicles designed to transport 16 or more passengers, including driver. TESTING Drug Testing No employee shall report for duty or remain on duty requiring the performance of safety -sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a commercial motor vehicle. Drug testing is a two stage process. First, a screening test is performed. If it is positive for one or more drugs, then a confirmation test is performed for each identified drug using gas chromatography/mass spectrometry (GC/MS) analysis. The GC/MS confirmation ensures that over-the-counter medications or preparations are not reported as positive results. All urine specimens are analyzed for the following drugs. Marijuana (THC Metabolite) • 2 • Cocaine • Amphetamines • Opiates (including heroin) • Phencyclidine (PCP) For information on the Specimen Collection Procedure, individuals should refer to page 9. Alcohol Testing The following acts are prohibited: • Having an alcohol concentration of 0.04 or greater, while on duty or upon reporting for duty. • Using or possessing alcohol while performing safety sensitive functions. • Consuming alcohol within 4 hours before performing safety sensitive functions. • Refusing to submit to an alcohol test. • Using alcohol within eight (8) hours after an accident or until tested, whichever occurs first. 11 Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first using evidential breath testing devices (EBT) required and approved by the Federal Highway Administration (FHWA). Any result less than 0.01 alcohol concentration is considered a negative test. If the alcohol concentration is 0.02 or greater, a • second or confirmation test is conducted. For information on the Testing Procedure, individuals should refer to page 11. Before a drug and/or alcohol test is administered, employees and/or job applicants will be asked to sign a consent form authorizing the test. Refusal to consent to druglalcohol testing will be considered a positive test. A job applicant for a position involving performance of safety sensitive functions who refuses to consent to a drug test will be denied employment with the City of Morro Bay. An employee's failure to submit to drug and/or alcohol testing required by the City for any reason may result in disciplinary action, up to and including termination. Where there is a reasonable suspicion that the employee is then under the influence of alcohol or drugs, the manager or supervisor shall arrange for the employee to be safely transported home after testing. An employee shall not be permitted to transport him/herself. The following will apply for all employees affected by random selection for drug and alcohol testing covered by the Federal Highway Administration regulations. 1. The minimum number of drug tests conducted annually shall equal or exceed 50% of the average number of employees for which testing is required. 2. Random alcohol tests shall equal or exceed 25% of the average number of employees for which testing is required. 3. The City shall use a random selection process to select and request an employee to be tested for the use of alcohol or drugs. 4. An employee shall submit to alcohol or drug testing when selected by the random selection process used by the City. Failure to submit to testing will be treated as a positive test. Covered employees shall be assigned numbers. Under a computerized system, a random number generating program will be loaded into a computer along with the names or identification numbers for the covered employees. The computer will generate a list of employees to be tested for each testing period. To assure that the process is random, all covered employees, whether or not they have been chosen for testing in the past, will be included in the pool of employees for each testing period. • This will assure that the probability of any individual being selected each period is always the same. Once the list of test subjects is generated, employees shall not be informed that they have been selected until they must report for testing. Reasonable Cause/Suspicion The possession, transportation, distribution, receipt, sale, purchase or arranging for the sale, purchase or distribution of alcohol, including medicines containing alcohol (prescription or over- the-counter), is prohibited while on duty, unless, with respect to medicine, the packaging seal is unbroken. The use, sale, distribution and/or manufacture of controlled substances while on duty is against the law. The use of prescribed drugs is not in direct violation of the policy; however, the use or prescribed use that may cause significant impairment, thus creating a safety hazard on the job, is in direct violation of the policy. Reasonable Cause/Suspicion means that the employer/supervisor believes that the actions, appearance, speech, body odors or conduct of an on -duty employee are indicative of the use of drugs, alcohol or other controlled substances. The City shall require an employee to be tested, • upon reasonable cause, for the use of drugs and/or alcohol. The behavior/conduct of the employee must be witnessed by a supervisor or City official who has received training consisting of at least 1 hour for drugs and I hour for alcohol. The training includes identification of actions, appearance or conduct which are indicative of the use of drugs or alcohol. The supervisor/City official must directly observe and document the behavior. Reasonable cause/suspicion may not be based upon hearsay. The documentation of the employee's behavior/conduct shall be prepared and signed by the witness(es) utilizing the Reasonable Suspicion Checklist within 24 hours of the observed behavior or before the results of the test are released, whichever is earlier. Drug and/or alcohol testing may be performed only if the observations are based on behavior during, just before or after the work shift that the employee is required to be in compliance. An employee may be directed to undergo a reasonable cause/suspicion alcohol test just before, during, or just after the work shift. If an alcohol test is not administered within two (2) hours following a reasonable cause/suspicion determination, the supervisor shall document the reasons for the delay. If not administered within eight (8) hours, the test shall not be conducted. The supervisor shall document the reasons why the test could not be performed with eight (8) hours. • An employee who has an alcohol concentration of 0.02 to 0.04 must be removed from performing safety -sensitive duties for 24 hours. Another breath test shall be administered and the result must be less than 0.02 before the employee will be permitted to return to work. If the employee has greater than 0.04, the employee must be referred to a SAP. Once a reasonable cause/suspicion determination is made, it is the responsibility of the employer/supervisor to assure that the employee under suspicion is evaluated, and when necessary, transported to a specimen collection site to provide a urine and/or breath sample. Any driver tested for reasonable cause/suspicion will be denied commercial motor vehicle driving privileges until test results are received. If test results are negative, the employee resumes regular work duties. An accident is defined as an incident involving a commercial motor vehicle in which there is a fatality, serious injury, or the driver received a citation for a moving traffic violation, arising from the accident. • • As soon as practicable after an accident, alcohol and drug tests shall be administered to every surviving employee who receives a citation for the operation of the CMV or whose operation of the vehicle cannot be ruled out by the supervisor as a contributing factor. The following will be applied for all affected employees resulting from accidents, incidents or related occurrences: 1. Post accident drug and alcohol tests must be given as soon as practicable during the eight (8) hours following an accident/incident. 2. The employee must be readily available for the test or they will be deemed to have refused the test. 3. The alcohol test should be administered as soon as possible. If not within two (2) hours, the Supervisor must prepare and maintain a record stating why they were unable to administer the test. If eight (8) hours have passed, the attempts should be discontinued. The Supervisor must prepare and maintain record why they were unable to administer the test. 4. If a drug test is not administered within 32 hours following the accident, the test shall not be administered and the supervisor shall document the reasons the test could not be performed in a timely manner. 5. Following an accident, the employee shall remain available for such testing, or may be deemed to have refused to submit to testing. This does not require the delay of necessary medical attention for injured people following an accident, nor prohibit the employee from • leaving the scene to obtain assistance or necessary emergency medical care. 6. An employee subject to post -accident testing may not use alcohol within eight (8) hours following the accident or before an alcohol test, whichever comes first. Return -to -Duty Employees who violate the City's policy and who are accepted into Return -to -Duty and Follow - Up status must have a negative drug and/or alcohol test. Employees who return -to -duty are subject to periodic follow-up testing. Follow-up Testing 1. All employees identified by the Substance Abuse Professional (SAP) as needing assistance will be subject to follow-up testing upon return -to -duty. 2. Employees will be subject to a minimum of six (6) unannounced tests over the 12 months following return to work. The SAP can direct additional testing during this period or for an additional period up to a maximum of 60 months from the date the employee returns to duty. 3. The SAP can terminate the requirement for the follow-up testing in excess of the minimum at any time, if the SAP determines that the testing is no longer necessary and is supported by the employer. 9 4. Follow-up testing may include tests for other substances beyond the employee's initial • positive test of alcohol and/or drug when the SAP has reason to suspect other drug or alcohol use during the follow-up period. DISCIPLINE FOR WORK -RELATED PROBLEMS The City may impose disciplinary measures, up to and including termination, for policy violations and work -related problems, separate and apart from violations of the drug and alcohol policy, even if such rule violations or work -related problems result from drug and alcohol abuse. CONFIDENTIALITY Confidentiality is an essential element of this policy. I. Any employee violating confidentiality shall be subject to discipline and may also be civilly or criminally liable. 2. The results of any testing shall be used for employment purposes only. 3. All records pertaining to drug and alcohol testing of an employee shall be contained in a separate confidential medical file that will be securely kept under the control of the Personnel Officer or designee. It shall be separate from the employee's other personnel records. 4. Without the employee's consent, test results may be disclosed only to City management • and only on a strictly need -to -know basis. 5. The employee may request the results of the tests. 6. The City may disclose test results without the employee's consent only when: a. All information is compelled by law or by judicial or administrative process; b. The information has been placed at issue by the employee in a formal dispute between the employee and the City; C. The information is necessary to administer an employee benefit plan; or, d. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. 7. Any positive test results determined by a second test to be negative shall be removed from the employee's file and destroyed. RECORDKEEPING The Personnel Officer or designee will retain the records as follows: RECORD RETENTION PERIOD Results of an employee's alcohol test which indicates 5 years concentration level of .02 or higher • Result of an employee's drug test which is positive 5 years Documentation of any employee who refused to submit 5 years to a required alcohoUdrug test. Calibration documentation. 5 years Employee assessments and referrals by substance abuse 5 years Records documenting the collection process for alcohol 2 years and drug test and training of supervisors. Results of any alcohol test which is less than .02 1 year Documentation of any negative or canceled drug test. I year FOLLOW-UP FOR POSITIVE TESTING Substance Abuse Professional (SAP) Services Each affected employee who violates this policy must be evaluated to determine whether the employee needs assistance resolving problems associated with drug and/or alcohol misuse, and if necessary, a referral for further treatment. The City has no obligation to provide or pay for treatment. This is the responsibility of employee which can usually be offset through employee's medical insurance program. • Before returning to duty, each employee identified as needing assistance must: (1) be evaluated again by a SAP to determine whether the employee has successfully complied with the treatment prescribed following the initial evaluation; (2) undergo a drug and/or alcohol test to satisfy established acceptable results for return to duty; and (3) be subject to a minimum of six (6) unannounced, follow-up drug and/or alcohol tests over the 12 months following return to work. SUPERVISORY PROCEDURES FOR DOCUMENTING REASONABLE SUSPICION OF DRUG AND/OR ALCOHOL USE Background: Reasonable cause/suspicion means that an employer/supervisor believes that the actions appearance, speech, body odors, or conduct of an on duty employee are indicative of the use of drugs, alcohol or other controlled substances. The City shall require an employee to be tested upon reasonable cause of the use of drugs or alcohol. The supervisor must use the following process to validate the reasons for considering a drug and/or alcohol test. All observed behaviors must be documented on the Observed Behavior - Reasonable Suspicion Record. In all cases of reasonable cause/suspicion, the Personnel Officer or designee must be contacted. The supervisor should personally escort the employee to an office or other private area. Another supervisor should be present as a witness. 8 The supervisor should state the definition of reasonable suspicion to the employee and give the reasons the supervisor suspects drug and/or alcohol usage. Using the Reasonable Suspicion Checklist, the supervisor will question the employee and document information and behavior. The supervisor will complete the form and following a conversation with the employee, makes a determination as to whether or not the employee appears to have used drugs and/or alcohol during, just before or after the workshift the employee is required to be in compliance. If the employee does not appear to be under the influence of drugs, including prescription drugs, and/or alcohol, the supervisor should release the employee to perform regular work duties. If the supervisor believes that the employee is under the influence of drugs and/or alcohol, the supervisor notifies the Personnel Officer or designee, who will then refer the employee to the approved drug and alcohol testing site. If the employee refuses drug and/or alcohol testing, the Personnel Officer or designee refers the employee to the Substance Abuse Professional. If the employee consents to drug and/or alcohol testing, the supervisor personally escorts the employee to the approved drug and alcohol testing site. Another supervisor should be present. At the collection site, the employee meets with the Collection Site Technician who will conduct the testing process. The supervisor remains at the collection site and after the collection process, transports the employee back to the worksite. If the alcohol test is below 0.02, the employee is returned to work with no corrective The supervisor notifies the employee that, until the drug test results are completed, the employee will be on leave with pay. If it is believed that the employee is impaired, the supervisor makes arrangement to have the employee taken home. If the employee refuses assistance, a witness should verify that the employee refused assistance. If the employee cannot control his/her actions and leaves without assistance, the supervisor must call the Police Department immediately to inform them of the employee's condition and refusal for assistance. Give the Police Department the employee's name and description of the vehicle including the license number. SPECIMEN COLLECTION PROCEDURES The employee arrives at the collection site. If the employee does not arrive at the assigned time for testing, the Personnel Officer or designee should be contacted for instructions. The identity of the employee to be tested is verified by examining a photo identification or by verifying with the employer's representative. If the identity cannot be established, the • 4. If the employee being tested requests it, the Collection Technician (CT) should present his/her identification as well. 5. Once the employee identification has been verified, the first portion of the chain of custody requisition form should be completed. 6. The CT requests that the employee remove unnecessary outer garments, such as a coat or jacket, and relinquish any briefcase, purse, or similar item, along with the outer garments for safekeeping during the collection process. The employee may retain his or her wallet. If requested, a receipt for personal items will be provided. 7. The CT instructs the employee to wash and dry his or her hands. Once this is done, the employee must remain in the presence of the CT. He or she is not to be permitted access to a fountain, faucet, soap dispenser, cleansing agent, or other materials that could be used to adulterate the urine specimen. 8. The CT provides the employee with a specimen bottle and allows him/her to provide the specimen in the privacy of a stall or other partitioned and secured area. 9. If the employee refuses to provide a specimen or otherwise fails to cooperate with the process, the Personnel Officer or designee is notified and the refusal is documented on the custody and control form. 10. The CT will note any unusual behavior on the custody and control form. If the CT suspects tampering or substitution, the CT will consult with the test site supervisor before requesting a direct observation specimen collection. 11. Upon receiving the specimen, the CT will make certain that the sample contains at least 60 • 12. milliliters of urine. In the case of post -accident or reasonable suspicion testing where the employee has difficulty providing an adequate sample, the CT will request that he or she consume reasonable quantities of fluids until he or she can provide a sufficient sample or, until 8 hours have passed from the beginning of the collection process. If the 8 hours have expired without an acceptable sample, the CT will request guidance from the Medical Review Officer (MRO). 13. In the case of pre -employment or random testing where the individual has difficulty providing an adequate sample, the City will consult with the employer who may elect to: (a) Proceed as in the case of post -accident or reasonable suspicion testing, by having the individual to consume fluids to stimulate urination, or (b) Re -schedule the test for a later time. 14. If a second specimen is indicated, the CT makes certain a fresh container is used. The original inadequate specimen is discarded. 15. Once an adequate sample is provided, the CT allows the individual to wash his or her hands. 16. The CT tests the specimen for temperature within four (4) minutes of urination. The acceptable range is 32.5 degrees - 37.7 degrees C (90 - 100 F). If the temperature is outside this range, the individual may request to have his or her oral temperature taken to counter any suspicion of tampering with or substitution of the specimen. The temperature 0 10 is noted in the appropriate space on the custody and control form. • 17. The CT inspects the sample for color and any sign of contamination or tampering. Any unusual signs are noted on the custody and control form. In the case where tampering is suspected, the collector will consult with a test site supervisor before collecting a second specimen under the direct observation of a testing site person. 18. The CT keeps the specimen in view at all time prior to sealing and labeling. The specimen also remains in view of the individual. In full view of the individual, the CT transfers the collected specimen to the primary and to split specimen containers. 19. The CT inspects the collection area to ensure the specimen adulteration did not occur. Any unusual findings will be noted on the chain of custody form. If adulteration of the specimen did occur, the CT will contact the employer or the laboratory for instructions. 20. The date of collection is written on the peel -off labels located at the side of the requisition. 21. The CT peels off one label and places it on the lid of the collection container. The remaining label is placed on the lid of the split specimen container. 22. The CT and individual complete the tamper -evident tape included in the collection kit. The CT completes the individual ID, insures that it matches the identification number or name on first portion of the chain of custody requisition, fills in the collection date and signs the tape. The tamper -evident tape is placed on the container in such a manner that both peel -off labels are covered. 23. The CT removes the "laboratory original' and "laboratory duplicate" copies of the chain of custody requisition and places them in the outside pocket of the chain of custody bag. 24. The CT places the specimen into the tamper -evident pocket of the chain of custody bag • and seals the specimen in the bag. 25. The individual initials the chain of custody bag in the appropriate locations to document that the correct specimen is being sent to the laboratory. The CT signs and dates the same seal. 26. The CT retains the "collector copy" of the chain of custody requisition and gives the "donor copy" to the individual. The "company copy" of the chain of custody requisition will be forwarded to the Personnel Officer or designee. The MRO copy will be sent to the Medical Review Officer. 27. The sealed chain of custody bag remains in control of the CT or in a secured area within the collection site until shipment to the laboratory. 28. When the test results are received by the MRO, a thorough review of documentation, test results, and circumstances will be made before making a decision regarding an individual. A final decision will be made and communicated to the individual within three days unless there are extenuating circumstances. In all cases where alcohol or drug involvement is confirmed, the employee will be referred to a SAP. Alcohol Testing I . The employee arrives at the testing site. 2. If the employee does not arrive at the assigned time for testing, the Personnel Officer or designee should be contacted for instructions. 11 • • 3. The ID of the employee to be tested is verified by examining a photo ID or employer's representative. If the ID cannot be established the process stops. 4. If the employee being tested requests it, the Breath Alcohol Technician (BAT) should present their ID. 5. Once the employee's ID has been established, Step 1 will be completed on the U.S. Department of Transportation Breath Alcohol Testing Form (DOT). 6. The employee will complete Step 2 on the DOT form, signing the certification. If the employee refuses to sign the certificate, it is regarded as a refusal to take the test. 7. The employee and BAT shall read the sequential test number displayed on the Evidential BreathAnalyzer Technician (EBT) for the test. 8. The employee will open an individually sealed mouthpiece in view of the BAT and attach it to the EBT according to instructions. 9. The employee will blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. 10. The BAT completes Step 3 of the DOT testing form. 11. The employee will sign Step 4 of the DOT Test 1 stating that the information on the form is accurate and that the employee must not perform safety -sensitive duties or operate heavy equipment if the results are 0.02 or greater. 12. If the test results are less than 0.020 on the screening test, a copy of the form will be provided to the employee. One will be forwarded to the employer and one will be retained by the BAT. 13. If the test results are greater than 0.020, a confirmation test will be conducted as follows: • a. The BAT will explain that a confirmation test will be conducted. b. The employee must stay in the room observed for a 15-minutes waiting period. During this time, they may not eat, drink or put any object or substance into their mouth. C. The confirmation test will be conducted no less than 15 minutes after the screening test but within 20 minutes of the completion of the screening test. d. The confirmation test will be completed according to Steps 1-11 of this procedure. e. If the test result of the confirmation test is different than the screening test, the confirmation test will be considered the accurate results. 0 12 ACKNOWL.EDGMENTIRECEIPT FORM Federal Highway Administration Commercial Driver License is I hereby acknowledge that I have received a copy of the City's Drug and Alcohol Testing Policy concerning drug and alcohol testing as required by the Federal Highway Administration (FHWA), 49 CFR Part 382 and DOT Procedures for Transportation Workplace Drug Testing Programs, 49 CFR Part 40. I have read and understand the provisions outlined in the City's Drug and Alcohol Testing Policy and agree to comply with all the requirements contained therein. I understand that disciplinary action may be taken if I am found in violation of the policy. Employee Signature Date Witness wm»gpoi F-IL 0 • RESOLUTION No. 132-95 AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO GRANT CONTRACT # 95-204-045 WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR ENGINE RE -POWERING ON HARBOR PATROL BOATCF 2190 XC, AND AMENDING THE FY95-96 BUDGET TO APPROPRIATE GRANT REVENUE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and the Department of Boating and Waterways entered into Contract # 95-204-045 for a $30,000 grant to re -power the City's 27' Radon patrol boat, CF 2190 XC, on September 25, 1995; and WHEREAS, this contract will expire March 15, 1996, and WHEREAS, the re -power work on the 27' Radon will be completed by December 4, 1995 and the patrol boat will need to be put back in service for the winter months; and WHEREAS, painting of the patrol boat will have to be postponed until the spring and therefore the term of the grant contract must to be extended to complete all necessary work on the patrol boat.. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor, William Yates, is hereby authorized to execute the First Amendment to Contract #95-204-045 with the Department of Boating and Waterways extending the term of the contract until September 14, 1996. BE IT FURTHER RESOLVED that the FY95-96 budget is hereby amended to authorize the appropriation of $30,000 ofDBW grant revenue in the Repair and Maintenance Services account of the Harbor Fund. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 1 lth day of December 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None 9 • RESOLUTION NO. 131-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONTRACT FOR THE PURCHASE OF COMPUTER HARDWARE AND RELATED SERVICES THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council made an appropriation in the Fiscal Year 1995-96 Capital Improvement Budget for the purpose of securing new financial software for the City's use; and WHEREAS, the City Council finds that a Request For Proposals was let and that one (1) proposer responded in a timely fashion; and WHEREAS, the City Council finds that the procurement procedures followed were adequate to insure a fair and open competition and to determine a fair price; and WHEREAS, the City Council finds that Gemma Systems of San Clemente, California offers the best combination of price and specialized services; • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Administrator is authorized to enter into a purchase contract with Gemma Systems for the purchase of computer hardware and specialized services. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 11 th day of December, 1995, by the following vote to wit: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None BRIDGETT tAUER, City Clerk • C:WILMWNCC Oe¢m 1, im RESOLUTION NO. 130-95 RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROPOSITION 116 FUND TRANSFER AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE TWIN BRIDGES BIKE LANES GRANT THE CITY COUNCIL, CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City of Morro Bay has previously applied for and received approval for a Proposition 116 grant for the installation of hike lanes at Twin Bridges on South Bay Boulevard; and WHEREAS, the City desires to see completion of this project; and WHEREAS, it is necessary and appropriate to execute a Fund Transfer Agreement with the State of California Department of Transportation to provide for reimbursement of the City's preliminary engineering costs for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, • California that the City Administrator is hereby authorized and directed to execute said Fund Transfer Agreement on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on December 11, 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGE BAUER, City Clerk Agreement No. PI 16B-3-27 Sheet 1 Of 3 • STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FUND TRANSFER AGREEMENT INITIAL DOCUMENT COVERING ALLOCATIONS OF ❑ PASSENGER RAIL AND CLEAN AIR BOND ACT OF 1990 (PROP.108), OR IR CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT OF 1990 (PROP.116) BOND FUNDS, OR ❑ TRANSIT CAPITAL IMPROVEMENT FUNDS EFFECTIVE DATE OF AGREEMENT October 20. 1995 RECIPIENT CitLof Morro TITLE OF COMPLETE PROJECT Twin Bridges Bikeway PHASE OF PROJECT ZN OR COMPLETE PROJECT • CTC ALLOCATION: RESOLUTION NO. G-95-05 FISCAL YEAR 95/96 FUND AUTHORIZATIONS: FUND SOURCE AMOUNT FISCAL YEAR LAST EXPENDITURE DATE ,troy. 116 S22.500* 95/96 October 20. 1997 TERMINATION DATE OF AGREEMENT October 20. 1998 This Agreement, entered into as of the date set forth above, is between the recipient public entity identified above, hereinafter referred to as RECIPIENT, and the STATE OF CALIFORNIA, acting by and through its Business, Transportation and Housing Agency, Department of Transportation, hereinafter referred to as STATE. SECTION 1. RECIPIENT has applied to the California Transportation Commission ("CTC") for funds derived under the identified STATE Fund Source, to be allocated by CTC, for the purpose of the project named above and further described in the "Project Description" (the Project) attached as Attachment I to the Standard Provisions of Grant. *This FTA is for project development work only, per CTC Resolution G-95-05. Agreement No. P116B-3-27 Sheet 2 of 3 THE CTC has allocated funds for the Project, or a phase of • the Project ("Project Phase"), in the CTC Resolution (the 'Resolution") identified above and attached as Attachment II to the Standard Provisions of Grant and made a part of this Agreement. RECIPIENT shall be bound to the terms and conditions of the Resolution and all restrictions, rights, duties and obligations established therein shall inure to the benefit of CTC and be subject to any necessary enforcement action by CTC. SECTION 3. STATE has prepared the "Standard Provisions of Grant," attached and made a part of this Agreement, which, together with this document and all referenced attachments and addenda, sets forth the terms and conditions under which said funds are to be expended. SECTION 4. STATE and RECIPIENT have negotiated the 'Project Description," which describes the entire Project to be constructed or acquired by RECIPIENT. Separate Project Phase descriptions, if applicable, will describe the tasks to be performed for each separate phase of the Project. Subsequent Project Phase descriptions beyond the initial approved description, if any, will be added to this Agreement by Amendment. SECTION 5. STATE and RECIPIENT have negotiated and RECIPIENT has submitted, at the time of RECIPIENT's request for allocation of funds, the • Scope of Work," (attached as Attachment III to the Standard Provisions of Grant and made a part of this Agreement), which sets forth the tasks and the estimated State bond or TCI reimbursement including progress payments, if any, or the amounts of progress payments to be made from TCI funds if authorized as part of the Scope of Work. State funding limits and the drawdown schedule established in each original or amended "Scope of Work" for every phase, initial or subsequent, shall not be exceeded or modified without a subsequent amendment and encumbrance of STATE funds. SECTION 6. The completed and signed STATE fund certification on the Scope of Work Approval document, Attachment IV to the Standard Provisions of Grant, including any funding increases allocated to subsequent phases evidenced by an amendment to Attachment IV with additional fund certifications, evidences the limited commitment of STATE funding under this Agreement. SECTION 7. Funding available to RECIPIENT under this Agreement will terminate on the Termination Date first specified above, unless earlier terminated upon written notice from STATE to RECIPIENT pursuant to Article IV, Section 6 of the Standard Provisions of Grant or extended by amendment. SECTION 8. This Agreement may be modified, altered or revised only with the joint written consent of RECIPIENT and STATE. 0 Agreement No. P116B-3-27 Sheet 3 Of 3 SECTION-E. This Agreement may be modified, altered, or revised only . with the joint written consent of RECIPIENT and STATE. SECTION 9. RECIPIENT shall not award a construction contract over $10,000 or other contracts (excluding professional services contracts) over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of STATE. SECTION -IQ. RECIPIENT shall conform to any and all environmental obligations established in CTC Resolution G-91-2, attached as Attachment V to the Standard Provisions of Grant, at the expense of RECIPIENT or the responsible party and without further financial contribution or obligation of STATE. SECTION 11. RECIPIENT has executed this Fund Transfer Agreement pursuant to the authorizing resolution, attached as Attachment VI to the Standard Provisions of Grant. SECTION 12. The grant administrators for the parties shall be for STATE, the District Director of Transportation for the District in which the Project is located, and for RECIPIENT, its General Manager or Executive Director or Designee. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CITY OF MORRO BAY FA 11 Jim Smith Chief, Program Management Branch Office of Local Programs BY_� Name & Title Dave Howell, -City Administrator Agreement No. P116B-3-27 Sheet 1 of 11 STANDARD PROVISIONS OF GRANT • STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION . FUND TRANSFER AGREEMENT COVERING ALLOCATIONS OF STATE BOND FUNDS (PROPOSITION 108 OR 116) AND TRANSIT CAPITAL IMPROVEMENT FUNDS RECIPIENT has agreed to accept the applicable provisions contained herein, including all Attachments and Addenda (these "Provisions"), as a condition of its acceptance of a grant from these sources. The State of California, acting through the Department of Transportation, referred to herein as STATE, shall have the administrative responsibilities described in these Provisions. ARTICLE I. PROJECT DESCRIPTION SECTION 1. RECIPIENT agrees to complete the Project, or the identified Project Phase thereof, as described in the attached Project Description and Scope • of Work for the identified Project or Project Phase. Reference hereinafter to the Project shall also mean the Project Phase if appropriate. SECTION 2. RECIPIENT agrees that if STATE funds prove insufficient to complete the described Project and open it to revenue operation, that payment of any additional amounts required shall be the sole responsibility of RECIPIENT. RECIPIENT further agrees that it will secure and provide, without further STATE assistance under this Fund Transfer Agreement process, such additional resources as are necessary to pay these additional amounts and expeditiously complete the Project. ARTICLE II. SCOPE OF WORK SECTION 1. RECIPIENT shall be responsible for complete performance of the work described in the approved Scope of Work document for the Project corresponding to that commitment of future State funds. All work shall be accomplished in accordance with the applicable provisions of the Public Utilities Code and the Streets and Highways Code. All architectural and engineering work for Project shall be the sole responsibility of RECIPIENT and any oversight review of Project plans, specifications and estimates by STATE shall not act to transfer any responsibility or liability to STATE relative to STATE's participation in that review process. 0 Agreement No. P11613-3-27 Sheet 2 of 11 SECTION 2. RECIPIENT acknowledges and agrees that RECIPIENT is the sole control and manager of the proposed Project and its subsequent employment for the benefit of the public. RECIPIENT shall be solely responsible for complying with the funding and use restrictions established by the statutes from which the funds are derived, the CTC, the State Treasurer, the Internal Revenue Service, and the terms of this Agreement. RECIPIENT shall indemnify, defend and hold harmless the STATE, the CTC and the State Treasurer relative to any misuse by RECIPIENT of State funds, Project property or Project generated income or other fiscal acts or omissions of RECIPIENT. SECTION 3. A Schedule of Tasks and a drawdown schedule of Estimated Progress Payments are included in the Scope of Work document. STATE need not pay RECIPIENT a cumulative amount greater than the cumulative amount identified in the Schedule for any time period, or any earlier, than the dates authorized in the drawdown schedule of payments or the Quarterly Cash Expenditure document, where applicable. SECTION 4. The Scope of Work includes an estimated completion date or dates for each of the Project Phases or items of work identified therein and RECIPIENT shall conform to those completion dates. ARTICLE III. PAYMENT • SECTION 1. RECIPIENT agrees to contribute at least the statutorily required local contribution (other than state or federal funds) toward the cost of the Project, or the amount specified in the SB2800 (Streets and Highways Code Section 164:53) commitment of future State funds, whichever is greater, from funds available to it. RECIPIENT shall contribute its required amount of the cost of the Project in accordance with a schedule of payments as shown in a Quarterly Cash Expenditure Plan prepared by RECIPIENT as part of the Scope of Work document. SECTION 2. Not more frequently than once a month, but at least quarterly, RECIPIENT will prepare and submit to STATE (directed to the attention of the STATE Headquarters accounting office responsible for administration of the Project for STATE) Progress Payment Vouchers consistent with the Scope of Work document. Each such voucher will report the total expenditures from all sources and will specify the percent of state reimbursement requested and the fund source. The voucher should also summarize STATE money requested by category (right of way, construction and rolling stock) and be accompanied by a report describing the overall work status and progress on tasks for the applicable Project. If applicable, the first voucher shall also be accompanied by a report describing any tasks specified in the Scope of Work document which were accomplished prior to the Effective • date of this Agreement, for which costs are to be credited toward the required local contribution described in Article III, Section 1 of these Provisions pursuant Agreement No. P11613-3-27 Sheet 3 of 11 to an executed Agreement for Local Match Fund Credit between RECIPIENT • and STATE. SECTION 3. Should RECIPIENT have a valid Memorandum of Understanding (MOU) for "Expedited Payment" on file with STATE Department of Transportation, Headquarters Accounting office, RECIPIENT will, not more frequently than as authorized by that MOU, prepare and submit to STATE a Rail Bond Expedited Payment Invoice for rail bond reimbursements consistent with that MOU and the Scope of Work document. The original invoice copy shall be mailed or faxed to: Department of Transportation, Division of Accounting, Attention: Bond Fiscal Managemeant Unit, P.O. Box 942874, Sacramento, CA 94274-0001, (FAX #916-227-8787). As set forth in the MOU, all appropriate supporting documentation and remaining invoice copies are to be contemporaneously submitted to the appropriate Departmental Project Administrator. A warrant for each invoice will be issued by the State Controllers Office within 10 calendar days from receipt of an acceptable invoice. Invoices will be approved for this expedited payment, provided they are not one-time payments or final payments. One-time payments and final payments, eligible for expedited pay, will have 10% of the invoice amount withheld pending approval from the STATE's Project Administrator of all required documents submitted by RECIPIENT. STATE TCI fund reimbursements cannot be invoiced under this MOU process. Final payment vouchers must be submitted not later than • one month after the Last Expenditure Date noted on the face sheet of the Fund Transfer Agreement. Reimbursement will be made only for work performed after the Effective date of this agreement and prior to the Last Expenditure Date. As used in this agreement, "Last Expenditure Date" refers to the last date for RECIPIENT to expend any funds from any of the state funding sources referenced on the face sheet of the Fund Transfer Agreement. SECTION 5. Delivery by STATE of any funds provided pursuant to this Agreement is contingent upon prior budget action by the legislature, fund allocation by CTC, submittal by RECIPIENT and approval by STATE of all documentation required by Government Code Section 14085 and, if bonds are the fund source, subject to the sale of bonds by the State Treasurer. In the event bond sales are delayed, canceled, or downsized or TCI grant funds are restricted, limited or otherwise conditioned by acts of Congress, the CTC, the Legislature, the Internal Revenue Service or the Federal Transit Authority, STATE shall not be held liable for any resulting damage or penalty. In the event of any such imposition of additional conditions, delay, cancellation or reduction in STATE funding, RECIPIENT shall be excused from meeting the time and expenditure schedule to the extent of such delay, cancellation or reduction and this Agreement will be amended to reflect the necessary changes in scope or scheduling of the Project. 0 Agreement No. P116B-3-27 Sheet 4 of 11 • SECTION 6. STATE reserves the right to terminate its funding for any Project upon written notice to RECIPIENT in the event that RECIPIENT fails to proceed with the work in accordance with the Scope of Work document, the bonding requirements if applicable, or otherwise violates the conditions of these Provisions or the allocation such that substantial performance is significantly endangered. In the event of such termination, RECIPIENT shall be reimbursed its authorized costs up to the STATE's share of allowable Project costs incurred prior to the date of termination, provided that all other terms and conditions of this Agreement have been met. Any such termination shall be accomplished by delivery to RECIPIENT of a Notice of Termination, which notice shall become effective not less than 30 days after receipt, specifying the reason for the termination, the extent to which funding of work under these provisions is terminated and the date upon which such termination becomes effective, if beyond 30 days after receipt. During the period before the effective termination date, RECIPIENT and STATE shall meet to attempt to resolve any dispute. ARTICLE IV. REPORTS AND RECORDS SECTION 1. RECIPIENT and its contractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred costs by line item for the Project. RECIPIENT and contractor accounting systems shall conform to generally accepted accounting principles • (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of RECIPIENT and its contractors connected with performance under this Agreement shall be maintained for a minimum of three years from the date of final payment to RECIPIENT under these provisions and shall be held open to inspection and audit by representatives of STATE and the Auditor General of the State and copies thereof will be furnished upon request. In conducting an audit of the costs claimed under these provisions, STATE will rely to the maximum extent possible on any prior audit of RECIPIENT pursuant to the provisions of federal and state laws. In the absence of such an audit, any acceptable audit work performed by RECIPIENTS' external and internal auditors and/or federal auditors will be relied upon and used by STATE when planning and conducting additional audits. SECTION 2. RECIPIENT and its contractors agree that contract cost principles at least as restrictive as 48 CFR, Federal Acquisition Regulation System, Chapter 1 Part 31, shall be used to determine the allowability of individual items of costs. RECIPIENT and its contractors also agree to comply with Federal procedures as set forth in 49 CFR, Part 18, Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments. Any costs for which RECIPIENT has received payment that are • determined by subsequent audit to be unallowable under CFR 48, Federal Agreement No. P116B-3-27 Sheet 5 of 11 Acquisition Regulation System, Chapter 1, Part 31, are to be repaid to STATE by • RECIPIENT. Should RECIPIENT fail to reimburse moneys due STATE within 30 days of demand, or within such other period as may be agreed between the parties hereto, STATE is authorized to withhold future payments due RECIPIENT from any source, including but not limited to, the State Treasurer, The State Controller and the CTC. SECTION 3. For the purpose of determining compliance with Public Contract Code Section 10115, gt &q., Military and Veterans Code Sections 999 at aaq. and Title 2, California Code of Regulations, Section 1896.60 et sec ., when applicable, and other matters connected with the performance of RECIPIENT's contracts with third parties pursuant to Government Code Section 10532, RECIPIENT, RECIPIENT's Contractor, subcontractors and STATE shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including but not limited to, the costs of administering the various contracts. All of the above -referenced parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under such contract. STATE, the State Auditor General, the Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents that are pertinent to the Agreement for audits, examinations, excerpts, and transactions and copies thereof shall be furnished if requested. • SECTION 4. RECIPIENT will insert clauses to the effect of Sections 1, 2 and 3 above of this Article IV in all of its contracts funded by STATE under these Provisions. SECTION 5. RECIPIENT and STATE agree to conduct, on a quarterly basis, on -site reviews of all aspects of the progress of the Project. The first quarterly review meeting shall take place within 90 days following execution of this Agreement. RECIPIENT agrees, during each quarterly progress review, to inform STATE regarding (1) whether the Project is proceeding on schedule and within budget, (2) any requested changes to the Project Management Plan, (3) major construction accomplishments during the quarter, (4) any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties, (5) the status of the Project Budget and, (6) the status of critical elements of the Project. Section 6. It will be permissible for RECIPIENT to expend funds as needed and to move funds between expenditure categories and line items with maximum flexibility in accordance with revised budgets furnished prior to the actual expenditures. However, RECIPIENT shall notify and obtain approval from STATE of any proposed changes in excess of 10 percent in any expenditure category prior to actual expenditure. For proposed changes in excess of 20 • percent in any expenditure category or for a reduction in proposed work or Agreement No. P116B-3-27 Sheet 6 of 11 • service levels, STATE approval shall be obtained and STATE will determine whether the proposed change is significant enough to warrant CTC review. Should the proposed change require any increase in State funds, the CTC and STATE must approve that change in advance of funds being expended.. SECTION 7. The quarterly reviews will include consideration of whether activities are within the scope of the Project and in compliance with State laws, regulations, administrative requirements, and implementation of the Project under this Agreement. SECTION S. If RECIPIENT and STATE determine at any time during the performance of the Project, that the Project budget may be exceeded, RECIPIENT shall take the following steps: (1) Notify the designated STATE representative of the nature and projected extent of the overrun and, within a reasonable period thereafter, identify and quantify potential costs savings or other measures which will bring the budget into balance, (2) Schedule the projected overrun for discussion at the next subsequent Quarterly Review meeting, and • (3) Identify the source of additional RECIPIENT funds which can be made available to complete Project. (4) If an increase in State funding is potentially necessary because the initial budget may be exceeded, then, after obtaining STATE preapproval, RECIPIENT shall prepare a request to the CTC for an additional allocation of State funds. ARTICLE V. GENERAL PROVISIONS SECTION 1. In the performance of work under these provisions, RECIPIENT, its contractor(s) and all subcontractors will not discriminate against any employee or applicant for employment because of race, religious creed, medical condition, color, marital status, ancestry, sex, age, national origin, or physical handicap (Government Code Section 12940 gt se- .. RECIPIENT, its contractor(s) and all subcontractors will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, medical condition, color, marital status, ancestry, sex, age, national origin, or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including • apprenticeship. RECIPIENT, its contractor(s) and all subcontractors shall post in Agreement No. P116B-3-27 Sheet 7 of 11 conspicuous places, available to employees and applicants for employment, • notice to be provided by STATE setting forth the provisions of this section. SECTION 2. RECIPIENT, its contractor(s) and subcontractors will permit access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by STATE, for the purpose of investigation to ascertain compliance with Section 1 of this Article V. SECTION 3. RECIPIENT agrees to insert, in appropriate contracts, clauses to the effect of Sections 1 and 2 of this Article V and the California Labor Code requirements that all workers employed on public works will be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations. SECTION 4. Should Public Contract Code Sections 2000 or 10115 at 51q• or Military and Veterans Code Sections 999 gt &4. be applicable to RECIPIENT, RECIPIENT will meet, or make good faith efforts to meet, the following Minority Business Enterprises/Women Business Enterprises/Disabled Veterans Business Enterprises goals or RECIPIENTS applicable goals in the award of every contract for work to be performed under these Provisions: Minority Business Enterprises -15% • Women Business Enterprises - 5% Disabled Veterans Business Enterprises - 3% RECIPIENT shall have the sole duty and authority under this Agreement to determine whether good faith efforts were sufficient as outlined in Public Contract Code Sections 2000 and 10115 .d &4., and the Military and Veterans Code Sections 999 et sees . SECTION 5. To the extent that RECIPIENT is subject to the provisions of Government Code Section 4450 gt_ sec.. , RECIPIENT shall submit plans and specifications for buildings, structures, sidewalks, curbs and related facilities to the State Department of General Services for approval prior to Construction. SECTION 6. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT, its agents and contractors, under, or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this Agreement or as respects environmental clean up obligations or duties of RECIPIENT relative to a Project. It is also understood and agreed that, pursuant to Government Code Section 895.4, RECIPIENT shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by • Government Code Section 810.8) or environmental obligations or duties arising Agreement No. P116B-3-27 Sheet 8 of 11 • or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this Agreement. SECTION 7. RECIPIENT is obligated, in perpetuity, to continue operation of the Project dedicated to the public transportation purposes for which the Project was initially approved unless authorized by STATE to terminate the program following the year 2010. The Project right of way, the Project facilities constructed or reconstructed on the Project site and/or Project property purchased (excluding construction easements and excess property whose proportionate resale proceeds are distributed pursuant to this Agreement) shall remain dedicated to public transit use in the same proportion and scope and to the same extent as described in this Agreement and related Bond Fund Certification documents if applicable. Equipment acquired as part of the Project, including rail passenger equipment and ferry vessels shall be dedicated to that . passenger use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation or enhancements. Subsequent fund allocations for this Project, if any, will be identified by phase and will be described in detail in an Amendment to this document. SECTION 8. RECIPIENT shall, for the purposes of any State bond funded right of way acquisition which will become a permanent part of the Project (such acquisitions exclude construction easements, property allocated to matching funds, and excess property purchased with State funds whose resale proceeds are returned or credited to STATE), maintain ownership of such Project property for a minimum of twenty years or until the bonds have matured, whichever occurs first, before transferring or selling such property, subject to the credits due STATE as provided in Article V, Section 9 herein below. SECTION 9. Except as otherwise set forth in this Section 9, STATE, or any assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit, at STATE's sole option, equivalent to the proportionate funding participation by STATE and other NON -RECIPIENT generated public funds towards Project acquisition or construction in the event that RECIPIENT ceases to utilize the Project for the intended public transportation purposes or sells or transfers title to or control over the Project. Such refund or credit to STATE shall not be required, subject to STATE approval of that intended use, if RECIPIENT dedicates the proceeds of such sale or transfer exclusively to STATE approved public transportation purposes which are also subject to this credit due STATE if subsequently sold or transferred or, in the case of proceeds attributable to NON - STATE, NON -RECIPIENT funding, such proceeds are returned to the funding entity or otherwise expended according to the funding agreement with such entity. STATE shall also be granted an acquisition credit for future purchases or • condemnation of all or portions of the Project by STATE. The refund or credit Agreement No. P116B-3-27 Sheet 9 of 11 due STATE will be measured by the ratio applied to the then fair market value of the Project property acquired. SECTION 10. RECIPIENT should be on notice that the Federal Transportation Administration ("FTA", previously ' UMTA") does not share in any revenue stream from projects which it has participated in. However, FTA does require that it specifically approve private and incidental uses of its funded projects to assure that they do not adversely impact transit use. In FTA funded projects, revenues that are derived from these private and incidental uses must be documented, are subject to audit and are required to be applied to transit purposes. FTA circular 5010.1A provides program management guidelines. SECTION 11. The Fund Transfer Agreement, these Provisions, the CTC Resolutions, the Project Description and the Scope of Work document approved by STATE constitute the entire terms of the grant Fund Transfer Agreement between the parties for the work to be performed pursuant to this grant and all subsequent grants awarded to this Project. The Project Description and/or the Scope of Work document may be modified, altered or revised only by a written Amendment between RECIPIENT and STATE. SECTION 12. Additional funding for subsequent Project Phases may be granted through amendments to this Agreement. A new CTC allocation resolution will also be required following the submission by RECIPIENT of an • acceptable supplementary Scope of Work document and, when necessary, a revised Project Description. ARTICLE VI. BOND PROVISIONS SECTION 1. If Project funding is being provided in whole or in part pursuant to the Clean Air and Transportation Improvement Act of 1990 (Prop. 116), the following additional provisions apply to RECIPIENT: (a) Where RECIPIENT's Project includes a commuter rail project within the meaning of Prop. 116, RECIPIENT shall coordinate and share with other public transit operators any rail rights -of -way, common maintenance services and station facilities used for intercity and commuter rail. Intercity and commuter rail services shall be coordinated with each other, with other providers and with freight traffic to provide integrated rail passenger and freight services with minimal conflict. (b) RECIPIENT agrees that all passenger rail and water borne ferry equipment and all facilities acquired or constructed pursuant to this Agreement shall be accessible to persons with physical disabilities, including wheelchair users. All passenger vehicles and vessels acquired pursuant to this Agreement shall be accessible to wheelchair users at all stops, stations and • terminals, whether or not staffed. Agreement No. P11613-3-27 Sheet 10 of 11 (c) RECIPIENT (other than the transit operator identified in Sections 99633 and 99634 of the Public Utilities Code) shall require that all intercity and commuter rail cars purchased conform to the California Rail car specifications developed by STATE as specified in the Clean Air and . Transportation Improvement Act. Section 2. RECIPIENT shall not loan any portion of bond proceeds represented by this grant to any private (including nonprofit) person or business. For this purpose a "loan" includes any arrangement which is the economic equivalent of a loan, regardless of how it is named. Section 3. Except as provided in this Article VI, STATE and RECIPIENT agree that any costs of the Project acquired or constructed by RECIPIENT allocable to portions of the Project which are subject to any property interests held by a nongovernmental person(s) in connection with business activities, such as easements, leases, or fee interests not generally enjoyed by the public, (hereafter referred to as Nongovernmentally Used Property or "NUP") shall, for accounting and bookkeeping purposes, be allocated to funding sources other than the State bond funds. For purposes of making such allocations, the costs attributable to NUP involving a sale, easement, lease or similar arrangement shall be determined on the basis of a fair allocation of value, which may include is determinations based upon square or cubic footage/acreage of the area encumbered by the lease or easement relative to the total area acquired or constructed if all such area is of approximately equal value. NUP will include, but is not limited to, property which is sold (including sales of air and subsurface rights) and property subject to easements, leases or similar rights. A rail right of way will not be treated as NUP solely as a result of a Freight Use Easement retained by the seller of the right of way to RECIPIENT, provided that the sales agreement appropriately excludes the Freight Use Easement from the property or rights being acquired. Further, notwithstanding anything in this Article VI to the contrary, RECIPIENT may allocate grant funds to the cost of any NUP if (i) neither RECIPIENT nor any other governmental entity will receive, directly or indirectly, any payments from or on behalf of the nongovernmental user of the NUP, or (ii) the payment from such user does not exceed the operation and maintenance costs fairly attributable or allocable to the nongovernmental use of the NUP. Section 4. RECIPIENT shall request, in writing, STATE's advance approval if grant funds are to be allocated to any NUP, except "incidental use" property described below. If property, the costs of which have previously been allocated to grant funds, is to become NUP before the State bond funds are fully paid or redeemed, then RECIPIENT may allocate the costs of such property to another funding source as provided in Section 3 of this Article VI, or obtain • STATE's approval that the allocation of the costs of such property to the grant Agreement No. P116B-3-27 Sheet 11 of 11 funds may remain. It is anticipated that STATE approval will be granted if, • taking into account the existing and expected uses of the proceeds of the State bonds, the STATE determines that the continued tax-exempt status of the State bonds will not be adversely affected and that the use of the property is consistent with the Project and its described purpose. For purposes of these Articles VI Section 3 fund source allocations, RECIPIENT does not have to take into account as NUP those "incidental uses" of the Project (such as, for example, advertising billboards, vending machines, telephones, etc.) which meet requirements of federal tax regulations (IRS Notice 87-69 or any successor thereto). In general such Notice requires that the incidental use not be physically separated from the rest of the Project and not comprise in the aggregate more than 2-1/2% of the costs of the Project. Section 5. If RECIPIENT enters into a management contract with a private party (including AMTRAK) for operation of rail, ferry or other transportation services in connection with the Project, it will either (a) obtain approval from Bond Counsel acceptable to STATE that the terms of the management contract meet the requirements of Internal Revenue Service Revenue Procedure 82-14 (as supplemented or amended) or any successor thereto (dealing generally with guidelines for when management contracts may be deemed not to create a "private use" of bond -financed property) or are otherwise acceptable; or (b) be prepared to certify upon request of STATE that • the revenues which RECIPIENT (or its manager) will receive directly from the operation of transportation services in connection with the Project (but not including any subsidy of the transportation operation from taxes or other outside fund sources) are for any fiscal year less than the ordinary and necessary expenses directly attributable to the operation and maintenance of the transportation system (excluding any overhead or administrative costs of RECIPIENT). In any year for which option (b) will not be true, RECIPIENT shall consult Bond Counsel acceptable to the State Treasurer's Office to obtain approval of the management contract or an opinion that the circumstances present will not adversely affect the tax-exempt status of the bonds. Section 6. If RECIPIENT receives any revenues or profits from any NUF allowed pursuant to this Article VI (whether approved at this time or hereafter approved by STATE), RECIPIENT agrees that such revenues or profits shall be used exclusively for the public transportation services for which the Project was initially approved, either for capital improvements or operating costs. If RECIPIENT does not so dedicate the revenues or profits, a proportionate share shall (unless disapproved by Bond Counsel) be paid to STATE equivalent to STATE's percentage participation in the Project. . ATTACHMENTS The following attachments will be included in the Fund Transfer Agreement. With the exception of ATTACHMENT VI, OLP will insert each of these attachments into the Fund Transfer Agreement prior to forwarding the agreement to the District. ATTACHMENT, I PROJECT DESCRIPTION Describes location, proposed work, and net length of project. Includes a project schedule. ATTACHMENT Il CTC ALLOCATION RESOLUTION Documents that the CTC has approved funding for the project. For partial allocations under the provisions of CTC Resolution G-95-05, ATTACHMENT II consists of the letter of approval from the Caltrans Budget Program. ATTACHMENT III SCOPE OF WORK Provides a project description, project financial plan, and cash flow expenditure, • plan for the project. ATTACHMENT IV SCOPE OF WORK APPROVAL When signed by the District, verifies that the Scope of Work tasks are in conformance with the allocating resolution. ATTACHMENT V CTC RESOLUTION G-91-2 (Ignore if not applicable) Addresses CTC policy for hazardous waste identification and clean-up for rail right-of-way. ATTACHMENT VI RECIPIENT RESOLUTION To be inserted by the local entity prior to Agreement transmittal to Caltrans. It provides documentation that the local entity's governing body endorses the execution of this agreement. Agreement No. P116B-3-27 Sheet 1 of 2 • ATTACHMENT I - PROJECT DESCRIPTION I. Conditions: Prior to advertising, local entity shall prepare a complete set of contractplans and submit same to State for approval. Such plans shall conform to uniform specifications and to design and safety standards as described in the Caltrans Highway Design Manual -Bikeway Planning and Design Section 7- 1000 established by State. 'Preliminary Engineering, as used herein includes all preliminary work related to the project, including, but not restricted to preliminary surveys and reports, laboratory work, soil investigations, preparation of plans, designs, and advertising. "Construction Engineering' as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, field reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities. Preliminary and Construction Engineering costs included in • the estimate contained in the Scope of work are eligible project costs. Preliminary Engineering is limited to 5% of the grant allocation. State reimbursement to local entity will be on the basis of the actual cost thereof to local entity including compensation and expense, of personnel working on the project, required materials, and automotive expense provided; local entity shall pay its general administrative and overhead expenses. II. Description of work proposed: Location: Along South Bay Blvd.at its crossing of Chorro Creek on the Twin Bridaes structure. Description of work: The work to be funded by this partial allocation will be applied to project development activities. Net length: Approximately 0.4 mile. • 0 w ��LB99��9i 6oniil�l�l i�I���Blllll BI�69�89� Ise ::::�III'IIIIIIiIIfi ATTACHMENT II — CTC ALLOCATION RESOLUTION PAnwgn CAt'ACYW� TRAN3YORTATICq CO"160- CALIFORNIA TRANSPORTATION COMMISSION Policy for Allocation of Capital Support Funding for Local Grant Programs Resolution No. G-95-05 (Replaces Resolution #G-93-04) 1.1 WHEREAS local agencies are eligible for state funding reimbursement for capital support for projects in local grant programs (except for the State/Local Partnership program), and 1.2 WHEREAS capital support funds are available for projects in the Flexible Congestion Relief and Traffic System Management programs from state operations funds in Caltrans' budget, through cooperative agreement with Caltrans, and 1.3 WHEREAS the CaEfornia Transportation Commission is responsible for allocating local • grant funds for capital outlay and capital support in the Commuter & Urban Rail Transit, Intercity Rail, Transit Capital Improvement, federal Transportation Enhancement Activities, Proposition 116, and Aeronautics programs, and 1.4 WHEREAS the adopted Financial Guidelines lay out requirements for Commission allocation of local grant funds, including a description of project, environmental clearance, financial plan, and cash expenditure plan, which can be provided only after preliminary engineering and environmental studies have been completed, but, also allow separate allocation of funds for capital support based on the inclusion of specified projects in an adopted program, and 1.5 WHEREAS the Commission intends that the number of fund allocations and submittal requests be held to a minimum and simplified as much as possible, in keeping with reasonable state oversight of local grant programs, and 1.6 WHEREAS the Commission recognizes the inclusion of a project in an adopted program, which means it has met all requirements of nomination, evaluation, and competition with other projects, to be sufficient basis to allocate funds for capital support, as described in the project or general program requirements, 2.1 NOW THEREFORE BE IT RESOLVED that the Commission delegates to Caltrans limited authority to make local grant allocations for capital support work leading up to project • construction for local grant projects in the Commuter & Urban Rail Transit, Intercity Rail, Transit Capital Improvement, federal Transportation Enhancement Activities, Proposition 116, and Aeronautics programs, and • 2.2 BE IT FURTHER RESOLVED that delegated authority may be used only for those projects where capital support work has been specifically identified in the programming of the project, and excluding any specific projects that the Commission may identify, but specifically may be used for projects in the Aeronautics program notwithstanding the criterion of identification of capital support work in the programming of the project, and 2.3 BE IT FURTHER RESOLVED that the Commission intends to review scope of work, schedule, and cost of programmed studies, where no construction is programmed subsequently, before making the allocation of funding for the study, so allocation of funding for engineering and environmental work as part of stand-alone studies cannot be done under this Caltrans delegation, and 2.4 BE IT FURTHER RESOLVED that an allocation by Caltrans is available for reimbursable capital support work to be done by a local agency or its consultant(s), covering preliminary engineering, environmental studies, and design engineering, on any project in the program, within the requirements of the Financial Guidelines, which include a dapital support limit of 5% in the Proposition 116 program, 12% in the Aeronautics program, 20% in the federal Transportation Enhancement Activities program, and 25% in the Commuter & Urban Rail Transit, Intercity Rail, and Transit Capital Improvement programs, and . 2.5 BE IT FURTHER RESOLVED that agencies getting direct reimbursement from Caltrans • under this delegated authority must understand that the Commission is making the delegation of allocation from within funds programmed for individual projects, not from outside the program in the fund estimate, and any reimbursements for capital support activities will be charged against and deducted from the amount programmed for the project, which may result in a change in the local match needed for the eventual capital grant, and 2.6 BE IT FURTHER RESOLVED that the Commission allocates to Caltrans up to S 1 million for each of the Commuter & Urban Rail Transit, Intercity Rail, and Transit Capital Improvement programs, S3 million for the federal Transportation Enhancement Activities program, $2 million for the Proposition 116 program, and S250,000 for the Aeronautics Program, to be used to set up a revolving fund for each program, which is to be replenished by assigning back to the revolving fund, from the Commission's subsequent capital grant allocation to each project, amounts previously reimbursed for capital support work, and 2.7 BE IT FURTHER RESOLVED that the Commission expects Caltrans to administer local grant capital support reimbursement, which includes drawing up funding agreements with local agencies for reimbursement, marking reimbursements against program amounts for projects, and tracking the amount of reimbursements made against and replenished to each revolving fund at any time, and 2.8 BE IT FURTHER RESOLVED that the Commission asks for a report at the end of each fiscal year on Caltrans' allocations and reimbursements made under this delegation and the status • of each revolving fund to sustain expected levels of capital support work in the upcoming year, and 2.9 BE IT FURTHER RESOLVED that the Commission expects agencies that have included capital support costs in their state grant programming to inform the Commission or Caltrans of • the amount and scheduling of capital support programming, either at the time of original program nomination or by February of the fiscal year preceding start of work, if they intend to seek reimbursement from Caltrans without an individual project allocation by the Commission, and 2.10 BE IT FURTHER RESOLVED that the Commission may adjust at any time the amount allocated to each revolving fund, against which Caltrans may make allocations, based on progress of work and usage by local agencies, upcoming program needs, or for another specified reason, and 2.11 BE IT FURTHER RESOLVED that any allocation of capital support funds instate bond programs is subject to later certification by the appropriate agency that funds are ready for expenditure, so that bonds can be sold and reimbursement authorized. G9Y-O"Wn • 9 State of Califomia • Memorandum Business, Transportation and Housing Agency To: DON BENJAMIN, Program Manager Date: October 20, 1995 State & Local Project Development Program File: From: DEPARTMENT OF TRANSPORTATION Budgets subject: California Transportation Commission Resolution No. G-95-05 . Twin Bridges Bike Lanes Project Reinstated Allocation Pursuant to California Transportation Commission Resolution No. G-95-05 (Replaces Resolution No. G-93-04), which delegates to Caltrans limited authority to make local grant allocations for capital support work, the Department approves the allocation of $22,500 in Proposition 116 Non -Urban funds. These funds are allocated to the City of Morro Bay for preliminary engineering for the Twin Bridges Bikeway Project (STIP Project No. 05-1013). - This previously approved allocation had been rescinded pending approval and • receipt of resolutions from the County of San Luis Obispo and the City of Morro Bay clarifying language relating to the transfer of applicant status and responsibility for the project. This requirement has been met. This action is effective as of October 20, 1995. Please have the District inform the agency in response to their request for Capital Support Funds. If you require additional information about this project, please contact Bruce Wilson at (916) 654-6607 or CALNET 464-6607. W. J. EVANS Program Manager Budgets cc: Steven J. Sylvester City Engineer -City of Morro Bay TRochte-District 5 Transit Representative KMcGuire-Local Programs CHayden-Accounting-Bond Unit BWiison 11 I I 1 I El T I 10 1(1 I U L I h1 I • rl � I I ro t O VI I Z N✓ 1 1 N C 1 o n] ✓ 1 N i i M ro O ra a. W I N a Q G I I N l E u N I I M I F u Ol I I . I t` > I Q O Q I • I ✓ I m C I 1 ..]11 I a O 1 10 w �`j1 O O i U 9 i W I N E F I W N I F I I I L I W I I W I] I u F W Q U i N i W I N N t 01 I N V1 1 I 1 ✓ 't1 1 H m w w a O I I 1 0 o I I rn I 1 I 1 H I a E i i i U 1 I v l $ I I I I N I ory I I f>.1 I I PI i q i i O i u z C F i E i o f O tL O O 1 yF F 1 1 0 1 _ z ❑ U 1 .�-I C 1J H I O w 0 1 0 7 1 U I I z p. ,4 I N OOE •r/ 1 u v F w% a i i ro 1 I a. i o ❑ • Q .o f i 01 U I to I ✓ I I I I G I E I N I N M I a ❑ 1 N I N I I 01z O I 0 m C7 H i i roC O� O F i i w4 i .mi0 W I ' H E z❑ a i i i E Q O m 1cl a W I w E� Er I O I N L I 1❑ I E+ Z Z a Z m w 1 u I w 1 H- 1 0o.1 I W I'] 0.' Q I 00 0 1 Ii I (Q rl rl I W w I rl 01 I a m M I N ✓ 1 G 1 0 o I W .-. I e ro 1 1 1 m •-� I OI u 1 U O i ti m w O H x O I H 1 I m 0 1 1 ' U i O i W U i F Z i z �' ✓ o .07 w o m w 1 1 �d H a F[•� F U "I i o ro O O I w F E 1 Z Z O 1 In w 1 I N ❑ I O F✓ I N I F F I 1 E 0 0 1 ••1 I I 1 M QI a E I ✓ I I 1 U •'1 f7 Q I ro I I •• I ✓ Q I U I U i E E • I Z I Z y Z I 1 HM V wa i to ro I w 1 u O V i I 1 w w W I e4 E I caw ATTACHMENT III - SCOPE OF WORK ^ Agreement No. P116B-3-27 law Sheet 1 of 5 State of California California Transportation Commission • ALLOCATION REQUEST FOR BICYCLE PROJECT Clean Air and Transportation Improvement Act (Proposition 116) -art 1. - Title and Certification • • • Address: _.. 'ryaJGmml� •ontact Person: (at1'�r�G r tart Phone 05� 239 312l •oiect Title-j tj •oiect Location (County. City or Cities): M2tgo E5A&t eainnma Mile Post or Cross Street: Edina Mile Post or Cross Street: ---' -nount of Proposition 116 Funds Requested O/Jr-w-in .....,,�.� •oes tnis Allocation Request contain an updated project budget which has been ,hanged since your last allocation request or progress report? Yes_No ✓ the the best of my knowledge and belief, the data and information in this allocation ,quest are true and I am authorized to file this request on behalf of the applicant. e: .fie of Sianature: v U S-i2-?5�- Page 1 exlu-6 California Transportation Commission Proposition 116 Allocation Request Form Agreement No Sheet 2 of 5 P116B-3-27 Part 2. Project Description a. Please describe any changes in the Project Description since submittal of the original application: 1� oaf b. Please describe progress -to -date on the project: r�s?r-<E a&Io P�?%WE PMu"e 1A42-Y DF&Ls4J C. Provide documentation of compliance with the California Environmental Quality Act (CEQA). Include a copy of one of the following: o Notice of Determination. and either the Negative Declaration or the Final Environmental Impact Study or Report; or o The Notice of Exemption for a statutory or categorical exemption If the project is exempt by statute but a Notice of Exemption was not completed, the request for allocation must include a statement that certifies that the project is statutorily or categorically exempt (this statement must be signed by an authorized agent representing the applicant agency). WOT ?P00t(ep AT TFHS 'TI"t=_, dkFJPLAcp.-na.J Mrs Pi:- r—OODS fps t,3ar ?-M[i?c.Jt2`r- Tbt>4T VtFof��-+r£,.>cR�- "`t6P.+�tnta-rror.l E3E GOMFt iZtL, n LJ Page 2 9 /.California Transportation Commission Agreement No. P116B-3-27 Proposition 116 Allocation Request Form Sheet 3 of 5 d. Complete the following financial plan showing all sources of capital funds that will be used to finance this project. PROJECT FINANCIAL PLAN ($ in 000's) Specify 'Federal' and 'Other' fund sources. 11 Page 3 alifornia •Qroposition Trans portatio. -- :ommission 116 Allocatioi) Request Form Agreement No. P116B-3-27 Sheet 4 of 5 e. Attach a description of the project components or activities that will be funded by this allocation. The project components should be listed under each major expenditure category, such as right-of-way acquisition, capital improvements (e.g., paving, drainage, lighting, etc.), project development (e.g. consultant contracts, design, engineering, etc.). Specify the total cost for each major expenditure category and the capital assumptions or methodology used to determine these expenditure levels (e.g. feasibility study, bid estimates, similar projects completed, etc.). f. Complete the following Cash Flow Expenditure Plan tables which show cash flow needs by category and fund source on a quarterly basis for the total project. (Include additional OTR./FY columns if necessary.) CASH FLOW EXPENDITURE PLAN (5 in 000's) ITDA local Sales Tax Local Bonds Private Other':-GJF3,I1syfNp Specify 'Federal' and 'Other' fund sources. Right-of-way may include appraisal, acquisition, etc. ;alifornia Transportation Commission 'roposition 116 Allocation Request Form Page 4 C� • • Proposition 116 Allocatiosi Request Form yVv Agreement No. P116B-3-27 CASH FLOW EXPENDITURE PLANeet 5 of 5 (S in 000's) .COST CATEGORY/ FUND SOURCE Const./Materials" FEDERAL(Total):' ----NQLs�----- STATE (Total): PROP 116 LOCAL (Total): Local Sales Tax Local Bonds Private Other*:l-&!i,.1 _K1,p Subtotal Constructlon Project Summary FEDERAL(Totaf):' nSE----- STATE (Total): PROP 116 0ther': LOCAL (Total): Local Sales Tax Local Bonds Private 0ther':.,e.Z—y_r�v4D ect Tot Specify 'Federal' and 'Other' fund sources. vinirr virvrt'IUTRJFY OTR Construction may include project development, consultant contracts, preliminary J engineering, design, construction costs, materials, project management, etc. • Page 5 AGREEMENT NO. ATTACHMENT IV - SCOPE OF WORK APPROVAL Name of Recipient - Name of Project Resolution Number. Date of Resolution Amount of Allocation: z, S-oo Fund Source: CFdTly Expiration Date of Funds: O,2,�w SCOPE OF WORK" APPROVAL: The Department of Transportation hereby certifies that the attached "Scope of Work" document has been submitted by the recipient named above and that its description of tasks to be accomplished with the allocated funds is complete and in conformance with the allocating resolution specified above. District Division Chief E A L ESICNA I OBJECT AMOUNT n8 CR FEGL YEAR ENCUMBRANCE DOCUMENT NUMBER C 5 BACCT SUB KJB Na R/W PA RCEL NO. N�R..L' UN WORK OROER Na TION BRIOC NO. i Ra' eby a6 ep0e Ref oaw peamd bm4 qe Rfae b.4, d fRR6i an iOW� 4 d" Al" a{d a fu RCitejwtefsbR 51MNATUL OFACCOUNTINC OFFl M EB ATUT6 LYEAR 0 ( ' .wawa n ATTACHMENT V - CTC RESOLUTION G-91-2 �� FEB 2 11991 C • C1tS M1A TAAMSP ATATION COMMISSION CALIFORNIA TRANSPORTATION COMMISSION RESOLUTION G-91-2 Commission Policy Resolution for Hazardous Waste Identification and Cleanup for Rail Right -of -Hay WHEREAS, the commission has programmed funding for rail right-of-way acquisition in the 1990 State Transportation Improvement Program and may allocate funds for rail right-of-way acquisition from the Clean Air and Transportation Improvement Act; and WHEREAS, hazardous wastes, based upon federal and state statutes and regulations, include but are not limited to such categories as heavy metals, (e.g., lead), inorganic (e.g., excessive mineral levels) and organic compounds (e.g., petroleum products), and can occur on a property's surface and subsurface; and WHEREAS, rail properties often have hazardous wastes exceeding State of California and federal hazardous waste standards; and WHEREAS, such properties contaminated with hazardous wastes require mitigaticn prior to using them for rail purposee; and WHEREAS, hazardous wastes discovered on rail property may significantly impact Property value, project scheduling and future liability for the grant applic_.t; and WHEREAS, the Commission must be assured that acquisition of rail properties have been fully reviewed by the grant applicant, and if warranted, the grant applicant has tested for hazardous wastes; and WHEREAS, if hazardous wastes exist, the Commission must be assured that.the hazardous wastes identified has either been cleaned up, or financial responsibility for the cleanup has been determined prior to title transfer to the grant applicant, or easement has been secured in lieu of purchasing the property, and the subsurface rights and liability for hazardous wastes remain with the property seller; and WHEREAS, hazardous wastes identified subsequent to title transfer to the grant applicant will be cleaned up by the Geller or a mechanism to recover cleanup costs is established and executed as a condition prior to title transfer; and WHEREAS, full due diligence is necessary in discovering hazardous waste and is an essential element in acquiring rail right-of-way properties by the grant applicant; and NOW THEREFORE BE IT RESOLVED, that acquisition of all rail right-of-way .properties will be fully investigated by the grant applicant to determine the W3ence/presence of hazardous wastes. Investigations shall be conducted in ordance to the standards and practices of the local, state and/or federal regulatory agencies having jurisdiction and by personnel adequately trained in hazardous waste investigation; and -2- BE IT FURTHER RESOLVED, that all properties, discovered with hazardous wastes which exceed the federal/state standards,.will be cleaned up to the satisfaction • of the responsible local, state and/or federal regulatory agency. The appropriate regulatory agency shall certify to grant applicant that the cleanup has been completed; and BE IT FURTHER RESOLVED, that the grant applicant will certify by formal resolution to the Commission that all reasonable steps have been completed.to assure full due diligence in the discovery of hazardous waste has been achieved during the acquisition of rail right-of-way and the state is held harmleee from cleanup liability or damages, both present and future; and BE IT FURTHER RESOLVED, that the grant applicant will certify by formal resolution that it will not seek further state funding, for cleanup, damages, or liability cost associated with hazardous wastes on or below acquired property's surface; and BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission: o that all rail right-of-way acquisition properties have been investigated and have been found clean; 0 or that the cleanup of discovered hazardous waste has been completed prior to acquisition of the property; 0 or that the grant applicant has obtained permanent easement and the • subsurface rights and liability and full responsibility to pay for and remove such hazardous waste remains with the seller in conformance with applicable State and Federal law; 0 or if hazardous wastes are known to exist prior to acquisition and if the applicant determines that time is of the essence for acquisition, then and In that event, an enforceable agreement will be entered into requiring the responsible party(les) to clean all hazardous wastes by a date certain, with the option of funds sufficient for the clean-up costs deposited in escrow by the seller. In the event of failure to clean up by the date determined, the recipient of the grant will make full restitution to the State for its participation. This resolve does not preclude the recipient from requesting re -allocation not to exceed the refunded amount after the hazardous waste(s) have been fully removed from the subject site; and BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission that the seller from whom properties have been acquired retain liability for any hazardous waste investigation and/or cleanup, and damages discovered subsequent to the transfer of title; and BE IT FURTHER RESOLVED, the Commission declares all future liability resulting from hazardous wastes remain with the seller or the grant applicant, not the state, and the grant applicant has been indemnified by the seller for any costs resulting from failure to eliminate hazardous wastes; and ,10 BE IT FURTHER RESOLVED, no state funds will be made available for any future costa associated with cleanup, damages, or liability coats associated with hazardous wastes on or below the acquired property's surface. • RESOLUTION NO. 129-95 RESOLUTION ASKING THE SAN LUIS OBISPO COUNTY SUPERVISORS FOR INCLUSION INTO THE SELECTION OF THE METHOD FOR UTILIZING ENVIRONMENTAL SERVICES ON THE CHORRO VALLEY PIPELINE WHEREAS, the City of Morro Bay has contracted with the County of San Luis Obispo for the construction of facilities to deliver water to the citizens of Morro Bay, said facilities being known as the Chorro Valley Pipeline, WHEREAS, Said Chorro Valley Pipeline is being constructed in two segments, the first of which is nearly completed, and the second of which is not yet being constructed, but will shortly put out to bid. WHEREAS, It is the citizens of Morro Bay who are obligated to pay the lion's share of indebtedness for said construction costs, WHEREAS, The City of Morro Bay did not participate in selection of the method that necessary and legally required environmental services were provided or which outside consulting firm was used for said environmental services, said services being provided for Segment I of said Chorro Valley Pipeline by the outside consulting firm of Biosystems Analysis Inc., WHEREAS, There were delays which necessitated the shuffling of construction scheduling and greater than anticipated costs for environmental services in connection with the construction of Segment I of said pipeline, WHEREAS, Said cost overruns and delays have led to a perceived lack of confidence of the citizens of Morro Bay with regard to said environmental services connected with Segment I of said construction, WHEREAS, The costs for environmental services are one of the few variable costs where economy may be achieved in connection to the cost of Segment II of said pipeline WHEREAS, There is an opportunity to greatly enhance the comfort level of the citizens of Morro Bay if the City of Morro Bay were to be a necessary participant in selection of the method that necessary and legally required environmental services would be provided and, if necessary, which outside consulting firm would be used for said environmental services in connection with the construction of Segment II of the Chorro Valley Pipeline, 0 NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay requests the County Board of *Supervisors of San Luis Obispo County make the approval of the Public Works Director of the City of Morro Bay required for selection of the method that necessary and legally required environmental services be provided, and, if necessary, which outside consulting firm will be utilized for environmental services in connection with future construction of Segment II of the Chorro Valley Pipeline.. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 27 day of November, 1995, by the following vote: AYES: Anderson, Novak, Unger, Yates NOES: Crotzer ABSENT: None ABSTAIN: None ` WILLIAM YATES, ayo ATTEST: BRIDGETT EOUER, City Clerk • fL J RESOLUTION NO. 127-95 STORM DRAIN MAINTENANCE DISTRICT NO. 1 ESTABLISHMENT OF YEARLY ASSESSMENT FOR TRACT 1231 LOT OWNERS Tract 1231 being a thirteen lot subdivision on Ironwood Court, City of Morro Bay Assessor Parcel Numbers 68-340-1,-2,-3,-4,-5,-6,-7,-8,-9,-10,-11,-12,-13 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the conditions of approval for Tract 1231, a 13 lot residential subdivision on Ironwood Court, required the formation of a Storm Drain Maintenance District prior to subdivision map recordation; and WHEREAS, pursuant to the Storm Drain Maintenance District Act (Act 2208 of the Uncodified Water Law), the City Council did approve the formation of Storm Drain Maintenance District No. 1 for Tract 1231 by adoption of Resolution 3-91 at a regular meeting held on January • 14, 1991; and WHEREAS, said Maintenance District includes storm drains constructed for the Tract's storm water from Ironwood Court to tie into the existing system on Bayview Avenue at Hillview Street, and excludes the Tract's perimeter or rear yard concrete ditches; and WHEREAS, the Storm Drains and Public Improvements required for Tract 1231 were accepted by the Director of Public Works and City Engineer on June 7, 1995; and WHEREAS, the said storm drain improvements exclusively serve the properties within Tract 1231; and WHEREAS, the Director of Public Works and City Engineer have determined that pursuant to Act 2208 for storm drain cleaning, repairing, replacement, and functioning of the District, a tax levy of $217.89 per parcel is required to defray the expenses thereof; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Clerk shall file certified copy of this resolution with the San Luis Obispo County Auditor, which shall thereupon enter an assessment of $217.89 for Storm Drain Maintenance District No. 1 on the County Tax Roll to each of the following thirteen parcels: Assessor Parcel Numbers 68-340- 1,-2,-3,-4,-5,-6,-7,-8,-9,-10,-11,-12,-13 0 Resolution No. 127 -95 Storm Drain Maintenance District No. 1 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of November, 1995 by the following vote: AYES: Anderson, Crotzer, Novak • NOES: Unger, Yates ABSENT: None ABSTAIN: None ATTEST: BRIDGETT bkUER, City clerk RESOLUTION NO. 126-95 • RESOLUTION APPROVING SUBLEASE FOR PORTION OF LEASE SITE 91-92/91W-92W TO KEN ESTRADA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites No. 91-92/91 W-92W; and WHEREAS, Harold and Rita Anderson are the lessees of said property; and WHEREAS, lessees have terminated the sublease agreement approved by City Resolution 68-94 with Rosemarie Hoffman; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessees have entered into a Consent to Sublease Agreement for portions of the leased premises with Ken Estrada, a copy of which been presented to the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of portions of Lease Sites No. 91-92/91 W-92W to Ken Estrada for • operation of a retail gift and decorative art sales. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Consent to Sublease document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of November, 1995, by the following vote: AYES: Crotzer,.Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: Anderson : ' U6ALTY-7P, CITY CLERK 0 0 RESOLUTION NO. 125-95 AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR FY 95-96 AND SETTING A DEPARTMENT PAYMENT SCHEDULE FOR THE DEBT OWED BY THE HARBOR FUND TO THE GENERAL FUND THE CITY COUNCIL City of Morro Bay, California WHEREAS, on October 12, 1995, the City Council met with the Harbor Advisory Board and set a high priority of completing maintenance dredging of the city's mooring areas in the winter of 1995-96; and, WHEREAS, no funds were appropriated in the FY 95-96 budget for permitting, design and actual dredging of the mooring areas, and the City does now desire to appropriate funds so that permitting, design and dredging may proceed as soon as possible; and, WHEREAS, the Harbor Capital Improvement Fund contains sufficient accumulated cash reserves to provide for such appropriation; and, WHEREAS, also at the City Council, Harbor Advisory Board meeting of October 12, 1995, the City Council indicated they desired to set a payment schedule for future payments on • the Harbor Fund debt to the General Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that: CJ 1. Resolution #74-95 approving the FY 95-96 City operating and Capital Improvement budget shall hereby be amended to appropriate $200,000 to the Interior Harbor Maintenance Dredging capital project account and said appropriation shall be a transfer from Harbor Capital Reserves; and, 2. The City Council hereby sets a policy that, commencing in FY 96-97 the Harbor Fund shall pay $60,000 annual debt service payment on the Harbor Fund debt to the General Fund until the debt balance is paid in full. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of November, 1995, by the following vote: AYES: Anderson, Crotzer, NOES: None ABSENT: Yates R6qq"ww v• Novak, Unger • RESOLUTION NO. 124-95 RESOLUTION APPROVING AGREEMENT WITH ADDICTION MEDICINE CONSULTANTS, INC. FOR DRUG AND ALCOHOL TESTING THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Omnibus Transportation Employee Testing Act of 1991 requires testing of employees in safety sensitive jobs for the use of alcohol and controlled substances; and WHEREAS, the Department of Transportation has issued regulations requiring cities to comply with the Act by January 1996; and WHEREAS, the requirements of the regulations involve testings, analysis, storage of specimen, record administration, and federal reporting; and WHEREAS, Addiction Medicine Consultants, Inc. specializes in complying with Is governmental regulations concerning drug and alcohol testing; and WHEREAS, cost savings may be realized by pooling covered employees from the Central Coast Cities Self -Insurance Fund into one unit and entering into a combined contract. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does approve entering into a contract with Addiction Medicine Consultants, Inc. for purposes of complying with the Department of Transportation regulations; and, authorizes the City Administrator to sign said contract on behalf of the City. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 23rd day of October, 1995. AYES: Anderson, Crotzer, Unger, Yates NOES: None ABSENT: Novak ATTEST: 0 • RESOLUTION NO. 123-95 RESOLUTION AUTHORIZING APPLICATION FOR STATE HIGHWAY ACCOUNT FUNDING FOR SOUTH BAY BOULEVARD RAISING / WIDENING PROJECT THE CITY COUNCIL, CITY OF MORRO BAY, CALIFORNIA WHEREAS, the improvement of South Bay Boulevard to provide multi -modal facilities and mitigate flooding -related road closures is of identified regional significance and is the City's highest transportation project priority; and WHEREAS, two projects to fulfill this need have been identified and are being assertively pursued, the Twin Bridges Replacement Project and the South Bay Boulevard Raising / Widening Project; and WHEREAS, funding in the amount of $750,000 has been secured for the Raising / Widening Project to elevate the roadway to withstand the required 50-year flood event; and WHEREAS, heavy winter rains, erosion in the "Highway 41 Fire" watershed and severe flooding in the winter of 1995 led to significant sedimentation in the South Bay Boulevard drainage area; and WHEREAS, this sedimentation now necessitates the raising of South Bay Boulevard to an extent significantly higher than that contemplated by the original project scope; and WHEREAS, a retaining structure is now required for wetlands fill mitigation; and WHEREAS, a soils investigation identified unforeseen subsurface deficiencies which • require additional structural mitigations; and WHEREAS, the cost of these additional tasks has created a significant funding shortfall for which the City is not financially capable of mitigating with it's own resources; and WHEREAS, for the benefit of the public welfare, time is of the essence to appropriately complete the project; and WHEREAS, State Highway Account (SHA) funding appears to be the only possible means through which adequate funding may be secured to mitigate the identified financial shortfall; and WHEREAS it is therefore urgent to immediately seek adequate funding from SHA. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, that the City shall immediately apply for and urgently seek State Highway Account funding adequate to assure the timely and appropriate completion of the South Bay Boulevard Raising / Widening Project. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 23rd day of October, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN Anderson, Crotzer, Unger, Yates None Novak None it `�Ii�TiIiI�T: MlftrlNi= 0 • RESOLUTION NO. 122-95 RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROPOSITION 116 FUND TRANSFER AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SOUTH BAY BOULEVARD BIKE LANES GRANT THE CITY COUNCIL, CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City of Morro Bay has previously applied for and received approval for a Proposition 116 grant for the installation of bike lanes on South Bay Boulevard; and WHEREAS, the City desires to see completion of this project; and WHEREAS, it is necessary and appropriate to execute a Fund Transfer Agreement with the State of California Department of Transportation to provide for reimbursement of the City's preliminary engineering costs for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California that the City Administrator is hereby authorized and directed to execute said Fund • Transfer Agreement on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on October 23, 1995 by the following vote: AYES: Anderson, Crotzer, Unger, Yates NOES: None ABSENT: Novak ABSTAIN: None ATTEST: J IE BOUCHER, Deputy City Clerk 0 WILLIAM YATES, RESOLUTION NO. 121-95 • RESOLUTION ACCEPTING TRANSFER OF ELIGIBLE APPLICANT STATUS FROM SAN LUIS OBISPO COUNTY FOR PROPOSITION 116 TWIN BRIDGES PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the people of the State of Califona enacted the Clean Air and Transportation Improvement Act (CATIA, Proposition 116) which provided funds to local agencies for transportation improvement projects; and WHEREAS, the County of San Luis Obispo applied for Proposition 116 funding for bicycle laneson the Twin Bridges Project, South Bay Boulevard at Chorro Creek; and WHEREAS, on November 18, 1992, the San Luis Obispo Council of Governments approved its program of projects for Proposition 116 funding which included the Twin Bridges Bicycle Lanes Project; and WHEREAS, by its action November 18, 1992, the San Luis Obispo Council of Governments approved the transfer of eligible applicant status for this project to the County of San • Luis Obispo; and WHEREAS, on April 4, 1995, the County of San Luis Obispo entered a Joint Powers Agreement with the City of Morro Bay for the Twin Bidges Replacement Project; and WHEREAS, said Joint Powers Agreement of April 4, 1995, supersedes a previous Joint Powers Agreement of April 16, 1985; and WHEREAS, in entering the modified Joint Powers Agreement on April 4, 1995, the County of San Luis Obispo and the City of Morro Bay have agreed that the city should become the agency primarily responsible for the administration of the Twin Bridges Replacement Project; and WHEREAS, on September 5, 1995, the San Luis Obispo County Board of Supervisors adopted Resolution No. 95-333 transferring eligible applicant status and all management and financial responsibilities for the Proposition 116 Twin Bridges Bicycle Lanes Project to the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, that the City of Morro Bay hereby accepts said transfer from San Luis Obispo County. n LJ • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of October 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: ATTEST: BRIDGE 1 AUER, City Clerk WrBfl.C:A(WPB):121- 5 • RESOLUTION NO. 120-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, • APPROVING AN APPLICATION FOR FUNDING FOR A WATER RECLAMATION FEASIBILITY STUDY — BUSINESS RETENTION & EXPANSION IMPACT AND THE EXECUTION OF A GRANT AGREEMENT FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, there is a need to evaluate alternative water source(s) to support the community, and WHEREAS, the purpose of this grant is to evaluate water reclamation as a possible water source to supply Morro Bay businesses, and WHEREAS, without alternative water sources, the City will not be able to permit business/job expansion, thus affecting economic opportunities for low and moderate income persons. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The City Council has reviewed and hereby approves an application for up to: $35,000 Water Reclamation Feasibility Study --Business Retention & Expansion Impact • 2. The City Council has reviewed the citizen participation plan for compliance with federal statute and has determined that this plan was followed for the development of this application. 3. The City Council hereby approves the use of City General Funds in the amount of $5,600 to be used as the City's Cash Match for this project 4. The City Administrator is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. 5. If the application is approved, the City Administrator or his designee is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for the purposes of this grant. PASSED AND ADOPTED by the City Council of the City of Morro Bay held on October 9, 1995 by the following vote: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger. Yates None None ATTEST: _ BRIDGETri BAUER, City Clerk City of Morro Bay RESOLUTION NO. 119-95 RESOLUTION IDENTIFYING AND PRIORITIZING TRANSPORTATION -RELATED CAPITAL • IMPROVEMENT PROJECTS THE CITY COUNCIL, CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City of Morro Bay has adopted a Circulation Element to it's General Plan; and WHEREAS, said Plan identifies specific transportation -related capital improvement projects necessary to fulfill the City's future needs; and, WHEREAS, certain other transportation needs have been identified since adoption of said Element; and, WHEREAS, It is necessary and appropriate to prioritize projects into a coherent Capital Improvement Plan to facilitate funding and implementation; and, WHEREAS, to this end a public hearing was held on October 9,1995 to develop such a prioritization. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California that the transportation -related projects listed as Category 1,2 and 3 on the attached Exhibit, incorporated by reference, are hereby adopted as the highest community priority for implementation; and, BE IT FURTHER RESOLVED, Within these priority categories, projects shall be implemented to the Greatest extent practicable in the categories numerical order. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of October 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTEST: BRIDGETifSBAUER, City Clerk 9WTB/LC:A(W TB):PRIORESO 0 CITY OF MORRO BAY TRANSPORTATION -RELATED CAPITAL IMPROVEMENT PROJECTS CATEGORYI TWIN BRIDGES SOUTH BAY BLVD. RAISING / WIDENING MAIN STREET BIKE PATH CATEGORY RECONSTRUCT ZANZIBAR RECONSTRUCT SURF ALLEY CATEGORY NORTH MAIN MULTI -MODAL / REHABILITATION EMBARCADERO / MORRO CREEK CROSSING QUINTANA ROAD MULTI -MODAL HARBORFRONT PARKING LOT CATEGORY 40 HWY. 1 / MORRO BAY BLVD. BRIDGE WIDENING MORRO BAY BLVD. / QUINTANA RD. SIGNALIZATION CATEGORY RADCLIFFE /MAIN INTERSECTION REALIGNMENT WATERFRONT LATERAL ACCESS ATTACHMENT TO RESOLUTION NO. 119-95 APPROVED 10-9-95 0 • RESOLUTION NO. 118-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CELEBRATING THE 40TH ANNIVERSARY OF THE MORRO BAY POWER PLANT THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the Morro Bay Power Plant is celebrating its 40th anniversary during 1995, and it is appropriate at this time that the special attention of the public be drawn to this occasion and that the role which the plant has played in the lives of those people it serves be highlighted; and WHEREAS, operated by the Pacific Gas and Electric Company (PG&E), the Morro Bay Power Plant was constructed in the late 1950's to help meet the energy needs of a growing post - World War II California; and WHEREAS, the plant first came on line on October 10, 1955, and has been a major • contributing factor to the viability of the Morro Bay community; and WHEREAS, a key integral part of the PG&E generation mix, the plant produces enough electricity for more than I million California households and has established itself as one of the cleanest operating power plants of its type on the West Coast; and WHEREAS, throughout the years, the operation at Morro Bay Power Plant has been structured to meet the demands of a growing population and, in the years since the plant came on line, all units at Morro Bay have contributed more than 141,357,498 megawatt hours of electricity to the PG&E system; and WHEREAS, the efficient operation of the plant has been evidenced in times of normal operation and in many times of crisis; in the wake of the October 17, 1989 Loma Prieta earthquake and the more recently on August 15, 1994 during the Highway 41 fire; and WHEREAS, the plant brings a direct payroll of about $8,280,000 to the area and, in the past year, contributed more than $2,345,535 in property taxes to San Luis Obispo County, and employees have devoted endless time and effort to various community organizations; and WHEREAS, concern for the environment has been evidenced by the plant consistently meeting and exceeding California environmental standards; and Resolution No. 118-95 Page Two WHEREAS, the Morro Bay Power Plant was initially fully powered by oil fuel and is now operating on natural gas as its fuel of choice. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that they draw special public attention to the Morro Bay Power Plant on the celebration of its 40th anniversary, points with great pride to the vital services which it has provided to users throughout the years, and applauds the Pacific Gas and Electric Company for its enduring record of service to its customers and to the communities in which it operates.. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, California, on the 9th day of October, 1995, by the following vote to wit: XYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None • WILLIAM YATES, yo ATTEST: BRIDGET103AUER, City Clerk • RESOLUTION NO. 117-95 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2% THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the State receives five times as muchsales tax revenue as cities throughout California; and WHEREAS, the sales tax revenue retained by the State from individual cities often exceeds the general fund budgets of those cities where the sales tax revenue originates; and WHEREAS, cities provide services that directly benefit the quality of life in hundreds of communities throughout California; and WHEREAS, the public benefits of cities' services include the maintenance of property values, reduced risk to health and safety caused by crime, fires, medical emergencies, poor Is sanitation, and poor building and road construction; and WHEREAS, cities' services provide important cultural and economic benefits through parks and recreation programs, library and senior programs, removal of blight from inner cities and older neighborhoods, and through business attraction efforts that provide jobs; and WHEREAS, the State has acted to reduce the amount of revenue received by cities in recent years forcing many cities throughout California to augment their revenues by imposing local assessments, fees, or taxes - or to make cuts in essential services; and WHEREAS, because cities receive only a small fraction of the money collected through voter -approved Proposition 172 (Public Safety Augmentation Fund), public safety services like police and fire services face drastic financial reductions in many cities throughout California in light of State takeaways and State -imposed mandates; and WHEREAS, many taxpayers object to paying additional taxes for what they view as diminishing local services caused by these factors, especially while the demand for police services, for example, continues to increase due to rising crime; and WHEREAS, on August 3, 1995, the Los Angeles County Division of the League of California Cities adopted a resolution which seeks legislative action that would result in a more equitable distribution of sales tax revenue by shifting 1 % sales tax revenue from the State to cities; • and Resolution No. 117-95 • Page Two WHEREAS, the League's resolution will help cities provide essential local services without adding more burden to taxpayers; and WHEREAS, on October 24, 1995, the General Assembly of the League of California Cities will vote on this important resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby support the League of California Cities' resolution to redistribute sales taxes so that the total received by cities is 2% of the amount paid per dollar on taxable sales. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, California, on the 9th day of October, 1995, by the following vote to wit: AYES: NOES: ABSENT: • ATTEST: Anderson, Crotzer, Novak, Unger, Yates None None I / AAIA BkIDGETT AUER, City Clerk- WILLIAM YATES, • CITY COUNCIL RESOLUTION NO. 116-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING BUDGET AND MAKING ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 1994-95 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, the City Council finds that supplemental appropriations for Fiscal Year 1994- • 95 are needed to allow for additional costs incurred in carrying out the business of the City of Morro Bay. NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro Bay are amended by increasing appropriations as shown on the attached summary page, Attachment A. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9th day of October, 1995, by the following vote to wit: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None Em \" &4�LWA Mayor • BRIDGE BAUER, City Clerk City Council Resolution 116-95 Supplemental Fund Attachment A Appro rip ation 10 General 1,402,118 11 General Long Term Debt 323 20 Park Fee 2,048 22 Ba shore Park A.D. 2,237 50 Traffic Safety 34,817 115 Trolley Operations 7,916 120 Gas Tax 15,072 122 SBA Tree Planting 7,038 200 Curbside Recycling 131,824 313 Water Loan 25,024 331 Harbor 2,556 332 South T-Pier 1,031 333 CC1 Slip Fund 1,274 337 Boating & Waterways So-T 218,762 341 Health & Dental Insurance 411,480 342 Worker's Compensation 255,535 343 Unemployment Reserve 15,516 420 Parkin -In-Lieu Fund 1,000 461 Mimosa St. A.D. 17,064 464 Mimosa Supp. A.D. 11,174 465 Mimosa Redemption 22,594 525 CDBG Loan Repayment 318 529 CDBG 93 Senior Housing 437,471 530 CDBG 94 Technical Grant 11,768 Totals All Funds:3,035,960 • CITY COUNCIL RESOLUTION NO. 115-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CITY COUNCIL RESOLUTION NO. 09-94 AND AUTHORIZING MASTER LEASE AGREEMENT, SIGNATORIES AND NOTICE OF INTENT TO BE REIMBURSED WHEREAS, the City of Morro Bay, County of San Luis Obispo, State of California ("City") is duly authorized and existing under the laws of said State; and WHEREAS, the City adopted City Council Resolution No. 09-94 on February 14, 1994 authorizing a master lease agreement ("Master Lease") with Municipal Leasing Associates, Inc. ("Corporation') to finance various items of equipment ("Property"); and WHEREAS, the City desires to extend the Master Lease to apply for Property acquired on or before December 31, 1995 in an aggregate financing amount not to exceed $150,000.00; and NOW, THEREFORE, BE IT RESOLVED that the Master Lease is hereby extended to apply for Property acquired on or prior to December 31, 1995 for a financing amount not to exceed $150,000.00 and the City Administrator acting alone be hereby authorized in the name of and on behalf of City to enter into binding agreements with the Corporation for leasing the Property upon such terms, conditions and interest rates as may seem advisable to said officer, and to execute, as agent for the City all necessary agreements including, but not limited to, a Master Lease, individual Lease Schedules, advance payment agreement, acknowledgment of assignment and acceptance certificates. The officer is also authorized to accept or direct delivery of the Property. The authority given hereunder shall be deemed retroactive and any and all acts authorized hereunder performed prior to the passage of this resolution are hereby ratified and affirmed. BE IT FURTHER RESOLVED that each individual Lease Schedule issued under the Master Lease be designated as a qualified tax exempt obligation for the calendar year in which the Lease Schedule is issued pursuant to Section 265(b) of the Internal Revenue Code of 1986 (as amended) and the authorized officers be directed to execute the "Designation of • Qualification' document. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9th day of October, 1995, by the following vote to wit: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger, Yates None None I, Bridgett Bauer, Clerk of the City of Moro Bay, hereby certify that the foregoing is a true copy of a resolution duly and legally adopted by the governing body of the City at a legal meeting of said body duly and regularly held on October 9, 1995, and that said resolution has not been revoked. Incumbency I further certify that the officer referred to in the foregoing resolution is now held by the following: TITLE OF OFFICER NAME OF OFFICER SIRE OF City Administrator Dave Howell Date: t•O % Bridgett Bauer, City Clerk r 6A n U 0 CITY COUNCIL RESOLUTION NO. 114-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING PARTICIPATION I N THE REGIONAL CONSORTIUM NETWORK WHEREAS, effectively using information technology can help achieve key organizational goals of improving productivity, customer service, community involvement in civic affairs and public access to information; and WHEREAS, developing reliable and cost-effective information technology infrastructures is essential in allowing electronic communications between remote sites within our own information systems as well as with other public and private sector organizations; and WHEREAS, collaborating with other governmental agencies in San Luis Obispo County can result in more efficient and cost-effective ways of developing regional networks and information technology infrastructures; and WHEREAS, implementing joint solutions requires a way of identifying and sharing plans with other agencies, which is the purpose of the Regional Network Consortium as set forth in Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay supports participation in the Regional Network Consortium. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9th day of October, 1995, by the following vote to wit: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger, Yates Nnna None '. E Exhibit A • REGIONAL NETWORK CONSORTIUM Working Together Today for Better Networks Tomorrow MISSION STATEMENT Who are we? We are a voluntary association of government agencies in San Luis Obispo County working together in making information infrastructure improvements that will help each organization better meet its technology needs. What do we stand for? Virtually every government agency operating in San Luis Obispo County has plans - formal or informal - for using information technology to achieve important organization -wide goals such as improving productivity, customer service, community involvement in civic affairs and public access to information. And in almost all cases, these plans require reliable and cost- effective information technology infrastructures that allow electronic communications between remote sites within their own information systems as well as with others. The purpose of the Consortium is to create a forum where information technology plans can be shared and solutions identified that will either help make possible through collaborative efforts what no one agency could achieve alone, or result in more efficient and cost-effective is solutions for everyone. How does the Consortium help accomplish this? The Consortium helps bring about better regional networks and electronic connectivity by: ■ Providing an ongoing forum for public agencies to share their plans with each other and in turn identify solutions that can mutually benefit each of them in terms of better service or lower costs. ■ Sponsoring workshops to keep member agencies current on new networking, products, services and trends. ■ Providing staff from smaller organizations with opportunities to discuss needs and solutions with staff from larger, more technologically sophisticated organizations. ■ Developing technical standards and guidelines for communications hardware and software for use by agencies on a voluntary basis. ■ Working closely with private sector service providers like Pacific Bell and Call America as well as community -based organizations like SLONET, United Way, Chamber of Commerce and the Nipomo Area Advisory Group in identifying ways of improving • regional networks and overall electronic connectivity. Exhibit A (Cont'd) ■ Maintaining a directory of information technology contacts from member agencies, • private sector organizations and community -based groups. ■ Assisting in coordinating efforts to obtain funding that may be available for improving regional networks through the National Telecommunications and Information Assistance Program or similar grant programs. What the Consortium isn't The Consortium is not another layer of government: it does not act independently nor review or approve plans and activities of other agencies. Each agency already possesses the ability to cooperate with other governmental agencies or private vendors in joint projects and programs that mutually benefit them. What each agency does not currently possess is knowledge about what other agencies are doing (or planning to do) where collaborative efforts would result in a better product or lower costs. In short, the Consortium solely exists to help agencies put together joint projects when it makes business sense for each of them to do so by providing a forum for sharing plans so that areas of mutual interest and benefit can be identified. How does an agency become a Consortium member? • Every governmental agency doing business in San Luis Obispo County - a city, state agency, special district, council of governments, joint powers authority, the County - is already by definition a member of the Consortium. However, benefits from membership can only be obtained by actively supporting - and participating in - Consortium activities. • G `.CONSRTUM.R RESOLUTION NO. 113-95 A RESOLUTION OF THE CITY OF MORRO BAY REQUESTING A GRANT IN THE AMOUNT OF $8,000 FROM THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE DEVELOPMENT OF A BOAT PUMPOUT/DUMP STATION FACILITY AT TIDELANDS PARK THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of developing a boat pumpout/dump station facility at Tidelands Park to meet the needs of the boaters and to provide public access to these facilities; and, WHEREAS, the Department of Boating and Waterways is authorized to provide grants to cities, counties, districts, and other public agencies for the construction and development of boat pumpout/dump stations facilities; and, WHEREAS, the City of Morro Bay is willing to enter into an agreement to provide for the operations and maintenance of the proposed facilities at no cost to the State. NOW, THEREFORE, BE IT RESOLVED, that the City Council • by adoption of this resolution hereby requests that the Department of Boating and Waterways provide a grant for the purpose of developing a public use boat pumpout/dump station facility at Tidelands Park; and, BE IT FURTHER RESOLVED that the City agrees to accept the grant and hereby authorizes the Recreation and Parks Director to sign the grant agreement and accept the grant for the purpose stated above. PASSED AND ADOPTED by the City Council of Morro Bay on this 9th day of October, 1995. AYES: Anderson, NOES: None ABSENT: None ATTEST: BRIDGET j8kUER CITY CLERK 0 b:\dbwpunp.doc Crotzer, Novak, Unger, Yates WIIT, I. MAYOR C�l RESOLUTION NO. 112-95 A RESOLUTION OF THE CITY COUNCIL APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE DEL MAR HARDCOURT PROJECT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant -In -Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and, WHEREAS, the State Department of Parks and Recreation is responsible for administration of the program in the state, setting up necessary rules and procedures governing application by local agencies under the program; and, WHEREAS, said adopted procedures established by the State • Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the state; and, WHEREAS, the proposed Del Mar Hardcourt project is consistent with the Statewide Comprehensive Recreation Resources Plan: California Outdoor Recreation Plan - 1994; and, WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the filing of an application for Land and Water Conservation Fund assistance; and certifies that said agency has matching funds from the following sources: general fund, and can finance 100 percent of the project, half of which will be reimbursed; and certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and appoints the Recreation and Parks Director as agent of the city to conduct all negotiations and execute and submit all documents, including but not limited to applications, agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned project. is PASSED AND ADOPTED by the City Council of the City of Morro Bay • at a regular meeting held on this 25th day of September, 1995 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Yates NOES: Unger ABSENT: None ATTEST: BRIDGETTkAAUER CITY CLERK u:\word\letters\reso.doc • • MAYOR • RESOLUTION NO. 111-95 A RESOLUTION OF THE CITY COUNCIL APPROVING PUBLIC AREA USE PERMIT NOS. 804/802 FOR THE CAL POLY CREW CLUB DAILY PRACTICE AND ANNUAL 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 practices daily and one (1) annual Regatta in the Morro Bay harbor which presents an inherent conflict with other harbor users; and, WHEREAS, the City Council practice and Regatta request, and provided for the City and the reasonable use of the harbor. has reviewed the aforementioned finds that adequate insurance is event will not interfere with NOW, THEREFORE, BE IT RESOLVED that the City Council approves use of the harbor by the Cal Poly Crew Club for their daily practices and annual 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 Nos. 804/802 for the Cal Poly Crew Club practice and annual Regatta scheduled for March 2, 1996. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 25th day of September, 1995 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None -0 WILLIAM YATES MAYOR ATTEST: BRIDGETT AUER CITY CLE • at.res89-94 • ATTACHMENT "A" The following conditions are placed on the Pubic Area Use Permit Nos. 804/802 for the Cal Poly Crew Club's use of Coleman Park and the harbor for daily practice and the annual regatta: 1. A liability insurance policy endorsement (not certificate) in the amount of $1 million with an "A" rated company naming the City of Morro Bay as additional insured without offset to City's policy, as respects all operations of the named insured. 2. Water use at Coleman Park restroom is expected by Cal Poly Crew at a rate of 2 units/month for a nine (9) month period of use. Payment shall be made to the City for this water. 3. Crew Club agrees to avoid any loud noises, yelling, shouting or whistling prior to 7:00 a.m. and to minimize noises in the areas of vessels or the Embarcadero prior to 7:00 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 reduce trash generated during daily practices. Additionally the Crew Club will provide and pay for trash service at the Crew Club building site and clean up the building site and Tidelands 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 all team practices from 6:00 a.m. to 9:00 a.m. and 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. • al/polycreu • By our signatures below we indicate we understand the preceding conditions for Cal Poly Crew use of the harbor at Morro Bay, Tidelands Park and Coleman Park, and accept these conditions. We further acknowledge the Cityrs authority to cancel the Permit issued above and terminate Cal Poly Crew Club's use of the harbor for daily practice or the annual Regatta for failure to abide by any of the above conditions. Marcy Maloney Assistant Recreational sport Director Crew Club President Date Ll RESOLUTION NO. 110-95 AUTHORIZING THE MAYOR TO EXECUTE GRANT CONTRACT # 95-204-045 WITH THE DEPARTMENT OF BOATING AND WATERWAYS FOR ENGINE RE -POWERING ON HARBOR PATROL BOAT CF 2190 XC THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and the Department of Boating and Waterways entered into Contract # 83-33-116-23 for a $30,000 grant towards purchase of a 27' Radon patrol boat in 1984; and WHEREAS, this contract was amended to extend the "Term of Operation" through March 13, 2004 allowing the City's continued use of the 27' Radon patrol boat; and WHEREAS, the engines on the 27' Radon patrol boat are in need of replacement to continue the safe use of this vessel for public safety and law enforcement; and • WHEREAS, the City has applied for and been awarded a grant contract in the amount of $30,000 to replace the engines on the 27' Radon patrol boat and perform necessary modifications and repairs to continue usage of the vessel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor, William Yates, is hereby authorized to execute Contract # 95- 204-045 with the Department of Boating and Waterways. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of September 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None I Jt A- BGETT P�FLUFI., • RESOLUTION NO. 109-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA OPPOSING THE "RENTAL ASSISTANCE" PROPOSITION THAT WILL PRE-EMPT LOCAL MOBILEHOME RENT CONTROL 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 recognized, by the adoption of special legislation, that mobilehome residents in mobilehome parks are "homeowners", and that they are not the same as typical residential tenants, but has specifically left the issue of regulation of rents to local government; WHEREAS, there are a substantial number of homeowners living in mobilehome parks within this jurisdiction, an overwhelming number of whom are senior citizens or on low or fixed income; WHEREAS, there has historically been a shortage of mobilehome rental spaces in this area, resulting in low vacancy rates and which has contributed or threatens to contribute to rapidly escalating rent; • WHEREAS, due to the prohibitive cost of moving, the lack of available spaces in the parks and the existence of park restrictions which limit the type and size of mobilehomes which can be placed in parks, mobilehomes are really "immobile"; and homeowners thus captive to rising rents; WHEREAS, mobilehome owners typically have a substantial investment in their homes which, many times, is their only asset which will be lost if no relief from excessive rents is provided; WHEREAS, nearly 100 California counties, cities and towns have seen fit to exercise their local police powers to enact a local Mobilehome Rent Protection Ordinance for the purpose of safeguarding mobilehome residents from rising rents, and this jurisdiction wishes to preserve its ability to do so; WHEREAS, this body opposes any attempt to pre-empt or remove its power to protect its needy citizens or make policy which responds to the crises created by high rents and immobility; WHEREAS, an initiative is due to appear on the next statewide ballot titled as a "Rental Assistance" initiative which would phase out all existing mobilehome rent ordinances in California and prohibit new ones from being enacted, thereby pre- empting and voiding the ability of this body to regulate rents; • WHEREAS, the initiative has been misrepresented as on which would assist mobilehome owners in meeting their rent obligations, but would in reality result in much higher rents when the protection afforded by the local ordinance have been removed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, opposes the passage of the so- called "Rental Assistance" proposition, and directs that such opposition be communicated to the Legislature and the Governor and those advocacy organizations to which we belong. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of September, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGET BAUER, City Clerk 0 RESOLUTION NO. 108-95 RESOLUTION AUTHORIZING AND DIRECTING DESIGNATION OF A 20-MINUTE ON -STREET PARKING LIMITATION ADJACENT TO TO 710 MORRO BAY BOULEVARD; AND THE REMOVAL OF TWO EXISTING RESTRICTED PARKING SPACES ON MORRO BAY BOULEVARD ADJACENT TO CITY PARK 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 or removal 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 the south side of Morro Bay Boulevard east of Piney Way for a 20-minute parking limitation, and it has been deemed appropriate to remove the existing 20-minute parking limitation for two spaces on the north side of the 700 Block of Morro Bay Boulevard. 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 adjacent to 710 Morro Bay Boulevard as shown in Exhibit "A"; and • BE IT FURTHER RESOLVED, that the Department of Public Works be authorized and directed to install appropriate delineation to reflect this time limitation. BE IT FURTHER RESOLVED, that two parking spaces on the north side of the 700 block of Morro Bay Boulevard as shown in Exhibit "A" no longer be designated as 20-minute parking limitations, and that the Department of Public Works be authorized to remove the curb markings delineating the time limitations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 25th day of September, 1995, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Anderson, Crotzer, Novak, Unger, Yates None None None 0 1 • RESOLUTION NO. 107-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ENDORSING THE APPLICATION TO THE CALIFORNIA DEPARTMENT OF AGING FOR DESIGNATION OF SAN LUIS OBISPO COUNTY AS A PLANNING AND SERVICE AREA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Central Coast Commission for Senior Citizens is the non-profit, public benefit corporation designated as the Area Agency on Aging to administer Planning and Service Area 17, which includes San Luis Obispo and Santa Barbara Counties; and WHEREAS, the Cities and County of San Luis Obispo desires to establish local control over programs developed for senior citizens in this county and allocation of limited administration and program monies needed to provide such senior services; and WHEREAS, on July 11, 1995 the County Board of Supervisors directed staff to apply to the California State Department of Aging to create a separate Planning and Service Area for San Luis Obispo County; and WHEREAS, the Morro Bay City Council finds that it is in the best interests of the senior citizens of the Cities and County of San Luis Obispo that a separate Planning and Service Area and Area Agency on Aging be designated for San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the City of Morro Bay hereby formally endorses the County of San Luis Obispo's application for designation as a Planning and Service Area for the purpose of defining the needs of older Americans within San Luis Obispo County. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the llth day of September, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Ung NOES: None ABSENT: None A EST: • BRIDGETT AUER, City Clerk • CITY COUNCIL RESOLUTION NO. 106-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE PURCHASE OF FINANCIAL SOFTWARE WHEREAS, the City Council made an appropriation in the Fiscal Year 1995-96 Capital Improvement Budget for the purpose of securing new financial software for the City's use; and WHEREAS, the City Council finds that a Request For Proposals was let and that three (3) proposers responded; and WHEREAS, the City Council finds that the procurement procedures followed were adequate to insure a fair and open competition and to determine a fair price; and WHEREAS, the City Council finds that Eden Systems, Inc of Yakima, Washington offers the best combination of software functionality and features; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the • City Administrator is authorized to enter into final negotiations and execute a contract with Eden Systems, Inc for the purchase of computer software; and BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the amount of said contract shall not exceed eighty -thousand dollars. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 1 Ith day of September, 1995, by the following vote to wit: AYES: Anderson, Cfotzer, Novak, Unger, Yates NOES: None None ABSENT: 0 • Eden Systems, Inc. Licensing Agreement Date: 9 August 1995 Customer Name: SAMPLE CONTRACT Eden Svstems Customer Address: INCORPORATED City/State/Zip: THIS AGREEMENT is entered into by and between EDEN SYSTEMS, INC. hereinafter referred to as "EDEN" and the agency/organization named above, hereinafter referred to as "CUSTOMER". ktVjYl1.t:M1:V1:1 WHEREAS, EDEN provides a standardized, computer software package comprised of application programs and documentation substantially matching the application programs hereinafter referred to as "THE SYSTEM": and; WHEREAS CUSTOMER has examined THE SYSTEM, has determined that THE SYSTEM meets CUSTOMER'S stated specifications and CUSTOMER desires to acquire a non -transferable, non-exclusive license to use THE SYSTEM from EDEN, and EDEN desires to grant such license to CUSTOMER upon the following terms and conditions. NOW, THEREFORE, in consideration of the terms and conditions contained herein, and without reference to any prior oral or written understanding, the parties agree as follow: 1. COMPONENTS OF THE SYSTEM The components of THE SYSTEM are set forth in Exhibit "A", pages 5 and 6, attached hereto and by this reference incorporated herein. 2. DEFINITION OF THE SYSTEM The detailed description of THE SYSTEM is determined by standard documentation available from EDEN at the date of licensing combined with this agreement complete with its Exhibits and will be the sole, complete and final definition of THE SYSTEM regardless of any prior verbal or written understandings or perceptions on the part of either party. It is the CUSTOMER'S sole responsibility to determine THE SYSTEM'S acceptability or usefulness for its specific purposes prior to the execution of this agreement and by execution CUSTOMER acknowledges and accepts that responsibility. 3. GLOSSARY OF TERMS For purposes of this agreement the following definitions apply: "Execution" is defined as the signing of this agreement by authorized personnel from EDEN and CUSTOMER and a signed original being in the possession of EDEN. "Software module" is defined as any one of the items listed in Exhibit "A" which is a program or a collection of programs. "Installation" or "acceptance" is defined as (1)delivery of a component complete with any modifications detailed herein pertinent to that specific component or (2)authorization of acceptance by CUSTOMER indicated by full payment of license fee for that component; whichever occurs first. Eden Systems, Inc. License Agreement Page 2 4. LICENSE In accordance with the terms contained herein, EDEN grants to the CUSTOMER and CUSTOMER accepts from EDEN a perpetual, non -transferable, non-exclusive license to use THE SYSTEM according to the terms and conditions described herein. EDEN and CUSTOMER agree this license is for the basic, unmodified version of THE SYSTEM and that other services provided to the CUSTOMER'S for any specific purpose or use can only be obtained through an EDEN AFPS (Authorization For Professional Services) form, separately executed acid authorized by both EDEN and CUSTOMER 5. LICENSE FEE CUSTOMER agrees to pay EDEN a license fee plus applicable taxes which are assessed on account of this transaction, as well as installation and training charges described in Exhibit "A". CUSTOMER agrees to reimburse EDEN for the transfer or distribution of THE SYSTEM as well as for postage, shipping and reasonable charges for the program storage media associated with THE SYSTEM. EDEN will not be obligated to provide assistance for any problems encountered as a result of the hardware or operating system, and it makes no warranty, either expressed or implied, regarding the hardware, software or operating system supplied by any other parry including but not limited to subcontractors of EDEN. 6. AUTHORIZED COMPUTER SYSTEM CONFIGURATION THE SYSTEM is licensed for use on a computer system configuration identified in Exhibit "A". 7. TITLE TO SYSTEM: PROTECTIVE COVENANTS CUSTOMER acknowledges that THE SYSTEM, system documentation including modifications, supplements and alterations thereto supplied by EDEN or by CUSTOMER are owned by EDEN: that neither legal nor equitable title to THE SYSTEM passes to the CUSTOMER under this agreement; that THE SYSTEM constitutes a valuable asset and trade secret of EDEN; and that any information in connection therewith is confidential. ACCORDINGLY, CUSTOMER agrees as follows: THE SYSTEM shall be used only by the CUSTOMER, on a single host/server computer system which may serve multiple employees of CUSTOMER in a variety of locations and buildings but shall not be used for the advantage of any other person or entity without written notification and certification by EDEN to the CUSTOMER. CUSTOMER shall not, and shall require its employees not to, without prior written permission from EDEN, sell, lease, assign, transfer, sublicense, permit the duplication, reproduction or copying, or otherwise make available for any purpose, for any type of consideration THE SYSTEM or any part thereof, or any modifications, whether designed by EDEN or CUSTOMER or any information pertaining thereto, to or by any person or entity whosoever except for the regular backup of THE SYSTEM for protective and recovery purposes. CUSTOMER agrees not to alter nor remove any details of ownership, copyrights, trade mark or other proprietary right connected with THE SYSTEM or its use. CUSTOMER acknowledges that in the event it should violate, or permit to be violated, any of the provisions of this paragraph, it is liable for monetary damages for each occurrence but no action by the CUSTOMER shall relieve CUSTOMER from any of its obligations under this agreement, nor affect any other remedies of EDEN, including the right to injunctive or other equitable relief. 40 Eden Systems, Inc. Licensing Agreement Page 3 • 8. REMEDIES OF EDEN Upon failure of CUSTOMER to pay any sums due hereunder when due, or upon breach by CUSTOMER of any of its covenants or agreements contained herein, and without prejudice to any other rights EDEN may have hereunder, CUSTOMER shall have thirty (30) days to make payment of due sums or correct the breach. If the CUSTOMER fails to pay such sums or correct such breach then EDEN shall have the right to (a)immediately terminate this agreement and retrieve from CUSTOMER THE SYSTEM, system documentation, backup or archival copies of THE SYSTEM; or (b)allow the CUSTOMER thirty (30) additional days to correct such breach or violation. 9. EXECUTION BY EDEN This agreement shall not be binding until the same has been executed by an authorized officer of both EDEN and CUSTOMER. Penciled or handwritten changes must be initialed and dated by both parties in order to be binding. 10. EXPENSES AND COST OF COLLECTION Either party shall have the right to collect from the other party reasonable expenses and attorney fees in connection with the enforcement of any rights or remedies hereunder. No failure of either party to demand when due any rights or monies hereunder shall be deemed a waiver by that parry of the obligation of the other party to such right or sum. 11. GOVERNING LAW This agreement shall be governed by and construed in accordance with the laws of the state in which action is brought. Such action may be initiated in the State of Washington or the State of California at the behest of the party initiating such action or suit. Except to the extent that the provisions of this Agreement are clearly inconsistent therewith, this Agreement shall be governed by any applicable provisions of the Uniform Commercial Code. 12. WARRANTY AND LIMITATION OF LIABILITY EDEN WARRANTS THE SYSTEM AGAINST DISCOVERED ERRORS FOR THE LIFE OF THE PRODUCT PROVIDED THE CUSTOMER IS COVERED BY SOFTWARE SUPPORTAS DESCRIBED IN EXHIBIT "B" HEREIN, UNINTERRUPTED FROM THE DATE OF INITIAL LICENSING OF THE SYSTEM AND EDEN HAS EXPLICITLY AUTHORIZED ALL MODIFICATIONS OR ALTERATIONS MADE TO THE SYSTEM. CUSTOMER AGREES THAT ANY LIABILITY OF EDEN FOR LOSS, DAMAGE, COST OR EXPENSE WHATSOEVER TO CUSTOMER ARISING FROM ANY BREACH OR DEFAULT BY EDEN OF ANY WARRANTY, COVENANT, AGREEMENT OR UNDERTAKING HEREUNDER SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY CUSTOMER, BUT THAT IN NO EVENT SHALL THE AGGREGATE OF SUCH LIABILITY EXCEED THE LICENSE FEE SPECIFIED HEREIN, NOR SHALL ANY SUCH LIABILITY INCLUDE ANY CONSEQUENTIAL DAMAGES WHICH MAY BE SUFFERED BY CUSTOMER. 13. ENTIRE AGREEMENT THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ALL PRIOR UNDERSTANDINGS, DOCUMENTED REPRESENTATIONS AND AGREEMENTS BETWEEN THE TWO PARTIES, WHETHER ORAL OR WRITTEN, AND THIS AGREEMENT MAY NOT BE MODIFIED OR ALTERED EXCEPT BY A SUBSEQUENT, WRITTEN INSTRUMENT DULY EXECUTED BY BOTH PARTIES. FURTHER, CUSTOMER REPRESENTS AND WARRANTS THAT IN EXECUTING THIS AGREEMENT CUSTOMER DOES NOT RELY ON ANY PROMISES, INDUCEMENTS OR REPRESENTATIONS MADE BY EDEN WITH RESPECT TO THIS AGREEMENT OR ANY OTHER BUSINESS DEALINGS WITH EDEN, NOW OR IN THE FUTURE WITH THE EXCEPTION OF THE CONSIDERATIONS CITED HEREIN. 14. BACK-UP COPIES CUSTOMER shall have the right to make up to three (3) backup copies of THE SYSTEM on magnetic media. No other copies shall be authorized under this agreement without written authorization from EDEN. 15. SOURCE CODE 40 Source code is included as part of THE SYSTEM and is produced within 30 days of CUSTOMER request. 0 0 Eden Systems, Inc. License Agreement Page 4 16. TRAINING All installation/training charges are due and payable upon execution of this Agreement for activities related to placement of components on the CUSTOMER'S computer, setting up software parameters and administering operator training. 17. PAYMENT SCHEDULE Upon execution of this agreement the CUSTOMER agrees to pay to EDEN 40% of the license fees, 100% of applicable installation/training charges and 100% of all third -parry items including but not limited to the runtime, report writer, and equipment. Travel and out of pocket expenses are billed, due and payable as they occur based on but not limited to EDEN'S air fare, motel, meals, and car rental. The CUSTOMER will be charged for actual costs plus administrative costs of 5%. All other charges including but not limited to modifications, consulting and conversion must be obtained through AFPS (Authorization For Professional Services). All invoices to CUSTOMER are due net 30 days. Any monies not paid when due shall be charged interest at the rate of 1% per month until paid. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized representative. CUSTOMER: Authorized By: Dave Howell Title: City Administrator Signature: i Date: 9/14/95 EDEN SYSTEMS, INC. Authorized By: Dennis Salts Title: Vice President Signature: Date: Eden Systems, Inc License Agreement Page 5 0 Exhibit A - Investment Summary "Co`mponents:oLTHE'SYSTEM:I:icenseFee- ;TYaiuing: TiainingDays 'Installation Total: Accounts Receivable BAR Code Printing Business Licensing CAFR Capital Projects Receipting Interface BARS Financial Accounting Fixed Assets Inventory/EquipmenURepairs IQ Report Writer 3.0 IQ Data Dictionaries Hand Held Interface Payroll 5.0 Personnel Position Control Requisition/Purchasing Recreation Management Special Assessments Utility Management 5.0 Acucobol Runtime Total... ,... » Eden Systems, Inc. License Agreement Page 6 0 Exhibit A - Product Specifications QSI Cash Register Receipting Interface: It is the CUSTOMER'S responsibility to I)acquire cash receipting control software from a source acceptable to EDEN; and 2)acquire all related equipment, installation, cabling, installation and training services, related expenses, products and services. It is EDEN'S responsibility to provide its standard component program which resides on the host machine which accepts batches of electronic receipts from a third party software product accepted and approved by EDEN. Hand Held Recorder Interface: EDEN'S hand held recorder interface is a generic product requiring modifications to fit the specific needs of the CUSTOMER. These modifications are chargeable to the CUSTOMER at EDENS current hourly rate and must be identified and authorized by both EDEN and CUSTOMER on an AFPS (Authorization For Professional Services) before any work related to the hand held recorder interface can proceed. It is the responsibility of the CUSTOMER to obtain all associated equipment, cabling, installation and training for route management software and communications software acceptable to EDEN. It is EDEN'S responsibility to provide a software component residing on the host computer. Additional services such as consulting and programming are to be authorized by both EDEN and CUSTOMER on an AFPS (Authorization For Professional Services). Equipment Configuration: All components of THE SYSTEM defined in this Agreement are authorized for use on: • Equipment Manufacturer or Type: IBM PC or Compatibles Processor Type: Intel Operating System: Novell LAN • Concurrent Users: 8 Eden Systems, Inc. License Agreement Exhibit "B" - Software Support 1. Definitions - For purposes of providing Software Support, the following definitions shall apply: Page 7 1.1 "Support Agreement Tenn". An initial period of one (1) year or less, commencing on the fast day following CUSTOMER acceptance that applies to THE SYSTEM pursuant to the Licensing Agreement and ending on the last day of the fiscal year for which the support is provided. Thereafter the Agreement Tenn shall automatically renew for successive periods of one year each unless and until terminated pursuant to Section 6 hereof. In no event, however, shall the Support Agreement Term extend beyond the prescribed tens of the License Agreement. 1.2 "Error". Any failure of THE SYSTEM to conform in all material respects to the documentation for THE SYSTEM published from time to time by EDEN. However, any nonconformity resulting from CUSTOMER's use or improper use of THE SYSTEM or combining or merging THE SYSTEM with any hardware or software not supplied by EDEN shall not be considered an Error. 1.3 "Error Correction". Either a software modification or addition that, when made or added to THE SYSTEM, establishes material conformity of THE SYSTEM to the functional specifications, or a procedure or routine that, when observed in the regular operation of THE SYSTEM, eliminates the practical adverse effect on CUSTOMER of such conformity. 1.4 "Enhancement". Any modification or addition that, when made or added to THE SYSTEM, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Enhancements may be designated by EDEN as minor or major, depending on EDEMs assessment of their value and of the function added to THE SYSTEM preexisting. 1.5 "Normal Working Hours". The hours between 8AM and 5PM local time on the days Monday through Friday, excluding regularly scheduled holidays of EDEN. 1.6 "Releases". New versions of THE SYSTEM, which new versions may include both Error Corrections and Enhancements determined by EDEN. 2. Scope of Service 2.1 During the Support Agreement Term, EDEN shall render support, services and products for designated components on Exhibit A. Such support, services and products will be provided by EDEN during Normal Working Hours. 3. Fees and Charges 3.1 CUSTOMER shall pay EDEN annual support charges based on a percentage of the undiscounted list price of the components described in Exhibit "A". EDEN reserves the right to change its basis for support at the beginning of each Support Agreement Term, provided that no such change will be effective until at 90 days after EDEN has given CUSTOMER written notice of such change. Such written notice may be in the form of a statement in EDEN's newsletter. 3.2 CUSTOMER shall reimburse EDEN for travel expenses including but not limited to such things as transportation, lodging, meals and telephone expenses incurred by EDEN in rendering support services to CUSTOMER. 3.3 CUSTOMER shall be responsible for procuring, installing, and maintaining all equipment, telephone lines, communications interfaces, and other hardware necessary to operate THE SYSTEM and to obtain from EDEN the services called for according to EDEN's then existing policy. 3.4 EDEN's current annual support rate is 15% subject to change as noted above. • 4. Proprietary Rights 4.1 To the extent that EDEN may provide CUSTOMER with any Error Corrections or Enhancements or any other software, including any new software programs or components, or any compilations or derivative works prepared by EDEN Eden Systems, Inc License Agreement Page 8 • (collectively, "Vendor Programs"), CUSTOMER may (1)install one copy of the Vendor Programs, in the most current forth provided by EDEN, in CUSTOMER's own facility; (2)use such Vendor Program(s) in connection with THE SYSTEM, and in a manner consistent with the requirements of the License Agreement, for purposes of serving CUSTOMER's internal business needs; and (3)make up to three (3) copies of Vendor Programs in machine-readable form for nonproductive backup purposes only. CUSTOMER may not use, copy, or modify the Vendor Programs, or make any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by EDEN. 4.2 The Vendor Programs are and shall remain the sole property of EDEN, regardless of whether CUSTOMER, its employees, or contractors may have contributed to the conception of such work, joined in the effort of its development, or paid EDEN for the use of the work product. CUSTOMER shall from time to time take any further action and execute and deliver any further instrument, including documents of assignment or acknowledgment, that EDEN may reasonably request in order to establish and perfect its exclusive ownership rights in such works. CUSTOMER shall not assert any right, title, or interest in such works, except for the non-exclusive right of use granted to CUSTOMER at the time of its delivery or on -site development. 5. Disclaimer of Warranty and Limitation of Liability 5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS EXHIBIT "B", EDEN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM OR THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6. Termination of Support 6.1 Support may be terminated as follows: a. Upon the termination of the License Agreement; or b. Upon the expiration of the then current Support Agreement Term, provided that at least 60 days' prior written notice is given to the other party; or c. Upon 60 days' prior written notice if the other parry has materially breached the provisions of this Agreement and has not cured such breach within such notice period. 0 0 RESOLUTION NO. 105-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA REAFFIRMING AND ESTABLISHING SPECIFIC COUNCIL POLICY AND PROTOCOL PERTAINING TO THE EFFICIENT AND ORDERLY CONDUCT OF CITY BUSINESS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in order to conduct City business in an efficient, fair and impartial manner, it is necessary and prudent to establish uniform policy and procedures; and WHEREAS, it is essential that all City Officials are equally informed as to established policy and procedure; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the attached Exhibits 1 through 7 are hereby incorporated by reference as Official City Policy. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the llth day of September, 1995 on the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT 6AUER, City Clerk • ATTACHMENT I CORRESPONDENCE POLICY This policy is to be applicable to Elected and Appointed Officials of the City of Morro Bay. As a matter of law, correspondence received and sent in the course of city business by City Officials are public documents, with the exception of some privileged communications, for example; attorney /client work products, confidential personnel records, records pertaining to confidential or on -going criminal investigations, etc. It has been determined that it is in the City's overall best interest for all Elected and Appointed Officials to have equal access to the information contained in these documents in so far as it applies to legitimate city business. Therefore, all correspondence sent or received in furtherance of city business will be routed to concerned elected, appointed or staff members in order to assure timely receipt of information and to assure that any necessary action will be taken in a timely manner. Exceptions; Correspondence marked "Personal and Confidential" will not be opened or routed to other than the addressee by city staff. Correspondence sent or received by an Elected or Appointed Official that is essentially not in furtherance of city business need not be routed to others, examples; a letter of recommendation from an Elected of Appointed Official, or letters from citizens rendering their personal opinions pertaining to various subjects. r1 U r ATTACHMENT 2 RESOLUTION NO. 77-93 A RESOLUTION RESCINDING RESOLUTION NO. 1-89 AND RE-ESTABLISHING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS, AND SETTING CERTAIN RULES OF PROCEDURE GOVERNING PUBLIC COMMENTS AND COUNCILMENBER ABSTENTIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 2.08.030 of the Morro Bay Municipal Code provides the City Council may from time to time prescribe by resolution the order in which the business of their meetings shall be taken up; and WHEREAS, Section 2.08.050 of the Morro Bay Municipal Code permits the City Council to prescribe specific time limits for persons addressing the City Council on City business matters; and WHEREAS, it is necessary and prudent to establish certain procedural rules for the efficient, effective and orderly conduct of the business of the City during meetings of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California as follows: 1. The City Council of the City of Morro Bay hereby finds the above recitations are true and correct and constitute the findings of the City Council in this matter. 2. Order of Business: The order of business of the City Council shall be taken up in the following manner: A. B. C. D. E. F. G. H. I. J. K. L. M. L1 Roll Call Moment of Silence Pledge of Allegiance Lighten Up Mayor and Councilmembers Public Comment Period Reports and Announcements Council Declaration of Future Agenda Items Consent Calendar Unfinished Business New Business Public Hearings, Reports and Appearances Closed Sessions Adjournment Resolution No. 77-93 Page Three E. Persons present at Council meetings should avoid interrupting, applauding, or otherwise expressing disruptive approval or disapproval of any statements made or actions taken at such meetings. Any person who continues to violate these rules after warning by the Mayor may be ejected for the remainder of the meeting then in progress. 4. Abstentions/Failure to Vote: Every member of the City Council present at a meeting when a question is put shall vote unless the member abstains from participation therein because of a conflict of interest or the appearance of conflict of interest or unless (s)he is otherwise prohibited by law from participation. Any member abstaining on grounds of conflict or appearance of conflict of interest must so declare at the time the Agenda item is called, and then shall remove himself/herself from the City Council dais until deliberation and vote on the specific question is completed. Failure or refusal to vote by a member of the City Council when present, except for a declared conflict or appearance of conflict of interest, shall be recorded with the majority vote. The rules prescribed herein shall not be dispensed with or suspended unless a majority of the members of the City Council present consent by voting thereto. No rule of procedure or order of business herein shall be amended or repealed without notice given and resolution adopted at a subsequent meeting. 6. Resolution No. 1-89 is hereby rescinded and any other resolutions in conflict herewith are superceded by this Resolution. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 9th day of August, 1993 on the following vote: AYES: Crotzer, Luna, Mullen, Unger, and Yates NOES: None I \ n w ABSENT: None ATTEST: B IDGETIT DAVIS, City Clerk ATTACHMENT 3 MEMORANDUM TO: CITY ADMINISTRATOR FROM: CITY CLERK DATE: 17 JULY 1992 AGENDA NO. _ 2_L _ Date,j1�1.aAction &UAW A SUBJECT: DISPOSITION OF CORRESPONDENCE AND DOCUMENTS RECEIVED AT CITY COUNCIL MEETINGS Pursuant to your request, I surveyed several cities in the County (Arroyo Grande, Grover City, Pismo Beach, and San Luis Obispo) to determine if they have established policies for receiving written information at Council meetings. None of the cities surveyed have policies of this nature. Further researching the matter, Government Code §54957.5 establishes provisions for receiving written agenda material at Council meetings (copy attached). It is clear when items are distributed to Council they become public documents. If writings are distributed to Council during a meeting and prior to the discussion of the related agenda item, the Code requires the item to be made available for public inspection prior to commencement of, and during, the discussion of the matter. Since it is not possible for the City to copy the item at the Council meeting, a policy could be established requiring a distributor of items at a Council meeting to make certain they have sufficient copies of the written item so the public may inspect it during the meeting. If the item is distributed to Council during discussion of the item, the written material must be made available to the public as soon thereafter as is practicable (next day at City Hall). The City Attorney advises Council has no authority to refuse acceptance of written items during a Council meeting, par- ticularly public hearing items which provide for written or verbal comments. However, if the material is too voluminous for Council to review during the meeting or is new material not previously seen, Council normally has the discretion of continuing a meeting in order to review the additional/new material and receive public input on same. 44�GeefZ Ardith Davis City Clerk n 1,-j § 54957.5. Agenda and other "writing" as public record, Inspection (a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and other writings, when distributed to all, or a majority of all, of the members of a legislative body, of a local agency by a member, officer, employee, or agent of such body for discussion or consideration at a public meeting of such body, are public records under the California Public Records Act (Chapter 3.3 (commencing with Section 6250) of Division 7 of Title 1) as soon as distributed, and shall be made available pursuant to. Sections 6253 and 6256. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7. (b) Writings which are public records under subdivision (a) and which are distributed prior to commencement of a public meeting shall be made available for public inspection upon request prior to commencement of such meeting. (c) Writings- which are public records under subdivision (a) and which are distributed during a public meeting and prior to com- mencement of their discussion at such meeting shall be made available for public inspection prior to commencement of, and during, their discussion at such meeting. (d) Writings which are public records under subdivision (a) and which are distributed during their discussion at a public meeting shall be made available for public inspection immediately or as soon thereafter as is practicable. (e) Nothing in this section shall be construed to prevent the legisla- tive body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6257. The writings described in subdivisions (b), (c), and (d) are subject to the requirements of the California Public Records Act (Chapter 3.5 (commencing with Sec- tion 6250), Division 7, Title 1), and subdivisions (b), (c), and (d) shall not be construed to exempt from public inspection any record covered by that act, or to limit the public's right to inspect any record required to be disclosed by that act. This section shall riot be construed to be applicable to any writings solely because they are properly discussed is a closed session of a legislative body of the local agency. Nothing in this chapter shall be construed to require a legislative body or a local agency to place any paid advertisement or any other paid notice in any publication. (f) "Writing" for purposes of this section means "writing" as defined under Section 6252. Added Stacs 1980 ch 1284 § 24, Amended Stats 1981 ch 968 § 32. r� MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1992 PAGE 8 returned to Council for reconsideration of the condi- tions of approval. The motion was seconded by bsgncilmember Luna and failed on the following vote: AYES: una, Mullen NOES: B_�AkxLr, Wuriu, Sheetz MOTION: Councilmember Luna ed for approval of the Consent Calendar with the exce on of Item A-13 which has already been approved. motion was seconded by Councilmember Wuriu and unanimo carried. (5-0) IZIONia C-1 COUNCILMEMBER REQUEST FOR POLICY CONCERNING DISPOSITION OF CORRESPONDENCE AND DOCUMENTS RECEIVED AT CITY COUNCIL MEETINGS Councilmember Mullen stated_ she requested this matter be agen-- dized after the public hearing on Williams Brothers wherein addi- tional information was received from the developer and considered: by Council; the public had no opportunity to review the material or comment on it. She believes Council should set a time stan- dard after which no written material will be considered at the Council meeting; it can be received but not acted upon until a- following meeting. Mayor Sheetz stated people who submit material at a late date are always taking the risk Council may not be able to read or con- sider the material in consideration of the agenda item. Councilmember Wuriu said Council should give equal attention to all items presented. He stated he does not like getting volumi- nous written material late; however, there will be times when Council may want to, consider the material. He was not in favor of a set policy. Councilmember Mullen said Council should not consider items given to them after 5PM the Friday before a Council meeting. MOTION: Councilmember Baker moved Council continue with the current practice as it exists. The motion was seconded by Mayor Sheetz and carried on the following vote: AYES: Baker, Wuriu, Sheetz NOES: Luna, Mullen ATTACHMENT 4 . COUNCIL POLICY STATEMENT Subject: Communication Between City Council and City Administrator/Department Heads It is necessary and appropriate for individual Councilmembers to : 1. Request and Discuss Information with Staff; 2. Refer Staff to a Concerned Member of the Public; 3. Confer with Staff Regarding Upcoming Agenda Items. It is inappropriate for Councilmembers to individually: 1. Give Direction to Staff; 2. Delegate Work or Assign Resources; 3. Establish Policy or Priorities. ADOPTED: 2-22-88 ATTACHMENT 5 • • 0 CITY COUNCIL POLICY STATEMENT SUBJECT: Operating Guidelines Declaration of Future Agenda Items BACKGROUND Appearing on the City Council Agenda is a section entitled "Declaration of Future Agenda Items". This item presents the opportunity for individual Councilmembers to raise sub- jects of City business or concerns that they would like dis- cussed for potential action. This Policy Statement establishes the expectations of and guidelines to the City Council and City staff for the dispo- sition of subject matters raised under this Agenda heading. POLICY 1. When a Councilmember declares a subject for a future Council meeting, Administration will agendize the item for a future meeting under New Business. The matter will be set for Council discussion purposes only. No staff work or time shall be incurred researching or preparing information or reports for the discussion, except to copy existing City materials or ordinances relating to the subject. When requesting an item for future Council discussion, the Councilmember is encouraged to provide a timeframe to Administration regarding their desires as to which Council meeting the subject should be agendized. 2. Councilmembers are encouraged to prepare their own mem- orandum briefly outlining the subject matter and action being sought for inclusion in the Agenda Packet for the Council meeting at which the item will be discussed. ADOPTED: 07-11-88 ATTACHMENT 6 I M E M O R A N D U M TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR DATE: 10 JULY 1987 SUBJECT: LEASE NEGOTIATION POLICY BACKGROUND AGENDA NO Date_YLJ/Action 4L%Lp At your last two meetings, Council endured and expended over 4 hours .of dialogue bargaining a new Agreement for lease of Lease Site 93-95W (Mildred Dennis). At the demand of the attorney rep- resenting Mrs. Dennis, Council agenda time was scheduled. Coun- cil quickly found itself placed in a position of publicly negoti- ating details and provisions to a lease, a procedure that has been historically remanded to staff. Numerous concerns have arisen from our perspective regarding this incident: 1. "On -the -spot" and piece -meal negotiation of' long-term leases are not sound 'methodologies in the development of effective public policy on tidelands leases; 2. Utilization of public agenda time to negotiate a busi- ness arrangement is an ineffective use of Council time, and inefficient use of professional staff; 3. This process is a disservice to those members of the public (and other staff) in attendance awaiting Council time and/or action on their item; 4. It tends to elongate Council meetings, thereby con- tributing to mental fatigue of all involved; S. It weakens (and could eliminate) the duty and position Of staff hired to. manage and negotiate tidelands leases; 6. Lessees and tenants will circumvent staff to negotiate their desires directly with the City Council. Staff readily recognizes that negotiation of all lease provisions will not end at the staff level, and Council resolution of dif- fering points will often be necessary.. However, I firmly believe that other avenues exist to accomplish this particular need out- side of direct public negotiation between the City Council and 1 0 the tenant. If this recent process is nurtured, it cultivates an already growing perspective among current lessees that staff can be ignored, since the City Council is perceived as being recep- tive to public negotiations. I am unaware .of any public entity that encourages such practices to take place. While we honor the rights of the tenant and public to know the outcome of the nego- tiation process, it is highly unusual to conduct the actual nego- tiations in a public setting. POLICY STATEMENT To avoid repetitive occurrences, I would like to offer the fol- lowing policy statement for Council's consideration and adoption: It is the policy of the City Council of the City of Morro Bay that negotiations relative to leasing public tidelands shall commence and remain at the appropriate staff level, as managed by the City Administrator. The City Administrator is to serve as the initial level of negotiation appeal, with the City Attorney participating when legal issues arise. Differences of opinion shall be re- solved to the maximum extent possible between the parties at the staff level, prior to any City Council consideration of the lease. In the event certain lease issues remain un- resolved upon exhaustion of administrative review, the lessee (tenant) may submit a written document to the City Council outlin- ing their points and perspectives concerning the outstanding lease issues. Upon City re- ceipt of the written report, the City Clerk shall cause the item to be placed on the City Council agenda, and the lessee or his/her representative may provide a brief verbal summary of their perspectives to the City Council during a public meeting. It is the Policy of the City Council to receive under advisement any written or verbal report at that time, but not to comment on or negotiate in public. Following receipt of this input from the lessee, the City Council will exercise its authority under California Government Code Section 54956.8, to meet in Closed Session to give instructions to the City's negotiator(s) regarding negotiations for lease of real property (public tidelands). Upon conclusion of the Closed Session considering the points 2 submitted by the tenant, the City's negotia- tors will be properly instructed and autho- rized to finalize negotiations and the lease • with the tenant. It is envisioned this policy process will bolster good -faith ne- gotiation of tidelands leases by both parties, and sets the Proper parameters for the development of long-term leases and policy direction of the Harbor area. Staff submits this Policy Statement to you for your acceptance with these goals in mind. RECOMMENDATION That Council establish a Policy Statement concerning.the negotia- tion process for. the lease of public tidelands in the Morro Bay Harbor area. GN:ad I 3 ATTACHMENT 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY'27, 1992 PAGE 9 . C-2 COUNCILMEMBER REQUEST FOR POLICY REGARDING DISTRIBUTION OF ELECTED OFFICIAL MAIL AND INITIATED CORRESPONDENCE Councilmember Mullen stated there are certain items on which she would like to be kept informed, and has discovered letters going out by the Mayor which she did not know about. She requested Council approve a policy to have Councilmembers receive copies of correspondence on certain items received or sent out by other Councilmembers. MOTION: Councilmember Mullen moved Council adopt a policy whereby other members of the Council may receive copies of letters coming in or going out of City Hall by other members of the Council in regards to stated subjects identified by Council. Mayor Sheetz stated she has no problem with the rest of the Council receiving copies of letters she has written. She noted the letters. she wrote were based on Council majority issues. However, incoming mail is personal and private if it is addressed to an individual Councilmember. Single letters addressed to the Mayor and City Councilmembers should be distributed, but she does not believe incoming mail needs to be shared with everyone else. Councilmember, Mullen asked if incoming letters are public docu- ments? Mr. Napper stated yes. Mayor Sheetz suggested a copy of letters written , by Councilmembers be placed in a "Read File" for Council perusal rather than copying to each Councilmembers. Councilmember Luna suggested an informal policy whereby Council can request incoming information on certain subjects be copied to the Councilmembers so requesting. Mayor Sheetz agreed with the policy with the exception of mail addressed "personal and confidential". MOTION: Mayor Sheetz moved any out -going correspondence by Councilmembers be placed in a "Read File"; and, Councilmembers may identify to the City Clerk specific subjects on which they wish to receive copies of any in -coming correspondence. The motion was seconded by Councilmember Luna and unanimously carried. (5-0) D-1 Rick Algert reviewed the proposed prole hich is a coordinated . effort between the City, Morro Bay Commercia ermen's organi- zation, and P.G.&E. The Coastal Conservancy h proved a $325,000 grant for the project, and Resolution No. 97- tho- • RESOLUTION NO. 104-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVAL OF THE DESIGNATION "OLD TOWN" FOR DOWNTOWN MORRO BAY THE CITY COUNCIL City of Mono Bay, California WHEREAS, the commercial areas from Kern Avenue to Market Street and from Surf Street to Driftwood Street are distinct and unique areas of the City, apart from the Embarcadero; and WHEREAS, this area was the hub of the City before the Embarcadero was built-up; and WHEREAS, this area contains buildings and sites that are of historic value; and WHEREAS, the promotional needs of this area are different from the Embarcadero; and • WHEREAS, there is a need to create a definable downtown Morro Bay for citizens and businesses to take pride in; and WHEREAS, the merchants of this area wish to be identified as "Old Town" NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mono Bay, California, that the above referenced area be known as "Old Town". PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay, on the 28th day of August, 1995, by the following vote to wit: AYES: Crotzer, Novak, Unger, Yates NOES: None ABSENT: Anderson ATTEST: • BRIDGET AUER, City Clerk • RESOLUTION NO. 103-95 A RESOLUTION ESTABLISHING ECONOMIC HARDSHIP CRITERIA AND A PROGRAM FOR WATER RATE ADJUSTMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is obliged to generate revenues from water rates adequate to meet financial requirements; and WHEREAS, the costs of water resources, infrastructure, operations and maintenance necessitate increases in water rates,; and WHEREAS, increased water rates can result in financial hardships to portions of the community; and WHEREAS, it is in the interest of the community to mitigate impacts to customers having economic hardships, to the greatest extent practicable, by establishing a program for water rate adjustment for customer meeting objective criteria; and is criteria Pacific Gas & Electric Company and The Gas Company have established criteria for qualification of customers for similar programs; and WHEREAS, adoption of the same criteria for a city water rate adjustment program provides for consistency and simplicity for applicants; and WHEREAS, it has been determined that for customers applying and qualifying for said City program a water rate discount of 20% with a $10 per month discount maximum is appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that a program to allow for water rate discount of 20% per month with a $10 per month maximum for qualifying customer is hereby established; and BE IT FURTHER RESOLVED, economic criteria to establish qualification for said program shall be the same as that provided by Pacific Gas & Electric Company and The Gas Company for their similar respective programs; and BE IT FURTHER RESOLVED, the City of Morro Bay Public Works Department shall develop and implement a process through which customers may apply to participate in said program, have their applications objectively analyzed and participation granted on the basis of conformance to economic criteria; and u BE IT FURTHER RESOLVED the City of Morro Bay Finance Department is hereby • authorized and directed to modify the water billing structure for customers approved for participation in said program in accordance with this action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of August 1995 by the following vote: AYES: Crotzer, Novak, Unger, Yates NOES: None ABSENT: Anderson ABSTAIN: None ATTEST: 0 • BRIDGE I BAUER, City Clerk WTB/LC:7:103-95 0 RESOLUTION NO. 102-95 . APPROVING AN AGREEMENT BETWEEN THE CITY OF MORRO BAY AND PACIFIC GAS AND ELECTRIC COMPANY REGARDING DESALINATION FACILITY DISCHARGE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay (City) owns and operates a desalination facility which discharges brine and anti-scalant into the Pack Gas and Electric Company (PG&E) Morro Bay Power Plant ocean outfall pursuant to an interim agreement; and WHEREAS, the City desires, and PG&E Agrees, to enter into a long-term agreement to provide for continuation of said discharge; and WHEREAS, an Agreement has been prepared accordingly. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California that the Agreement between the City and PG&E is hereby approved; and BE IT FURTHER RESOLVED, the Mayor and City Administrator are hereby authorized and directed to execute documents necessary to reflect this approval. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 28th day of August, 1995, by the following vote: AYES: Crotzer, Novak, Unger, Yates NOES: None ABSENT: Anderson ABSTAIN: None ATTEST: dr:res10295 2229-10-0407 AGREEMENT THIS AGREEMENT, is entered into between PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation, hereinafter referred to as PG&E and the CITY OF MORRO BAY, a public body of the State of California, hereinafter referred to as City. WITNESSETH WHEREAS, PG&E owns and operates its Morro Bay Power Plant commonly (mown as San Luis Obispo County Assessor's Parcel Number (APN) 66-331-24 and the associated "Outfall" facilities, located on (APN) 66-461-11. The associated "Outfalf' facilities, are shown on the attached State Board of Equalization (SBE) Map No. 135-40-11B, designated EZHEB1T "A" and are hereinafter called "Facilities" and; WHEREAS, PG&E has a permit from the State of California's Regional Water Quality Control Board (Order No. 95-28, NPDES Permit Number CA0003743) use its "Outfalf' facilities, (Facilities) and; • WHEREAS, City has received a "Notice of Intent to Issue" Coastal Development Permit Number 3-94-46 (Attachment "A') from the California Coastal Commission (CCC), to operate its desalination facility on a non -emergency basis and; n LJ WHEREAS, City has received permission from the State of California's Regional Water Quality Control Board (RWQCB) by virtue of Order No. 94-03, NPDES Permit Number CA 0049697 (Attachment `B") to discharge the effluent from its desalination facility utilizing the underground pipeline and associated equipment, portions of which are located within Facilities (portion of APN 66-461-11 & SBE #135-40-11B, Parcels 3,4 & 5) and; WHEREAS, City desires to operate its desalination facility, on a non -emergency basis, by using the underground pipelines (feedwater & effluent discharge) and associated equipment, currently located within Facilities and; WHEREAS, PG&E recognizes, acknowledges and accepts City's right to use Facilities, for the underground pipelines (feedwater & effluent) and associated equipment necessary to operate City's desalination facility. NOW THEREFORE, PG&E and City agree to the following terms and conditions: 1. This agreement shall replace and supersede all previous agreements, between City and 1. • PG&E, regarding Facilities and shall become effective upon the execution and delivery of this agreement. The term of this agreement shall coincide with the term of City's NPDES permit (Order #94-03, #CA0049697), issued to the City of Morro Bay by the State of California's Regional Water Quality Control Board (RWQCB), which expires on March 11, 1999. 2. City shall have the right and option to extend the term of this agreement for an additional period of five (5) years from March 11, 1999 to March 10, 2004. City shall exercise said option prior to January 1, 1999. The term of this option shall coincide with the term of City's future NPDES permit or the subsequent renewal of its existing NPDES permit (Order 994-03, #CA0049697) issued to City by RWQCB. 3. PG&E shall have, with a sixty (60) day advance written notice to City, the right to terminate this agreement for City's failure to comply with any of the conditions contained herein. PG&E may also terminate this agreement, for any reason, with a 180-day advance written notice to City. Said advance written notice shall be in accordance with the provisions of paragraph number twenty three (#23) of this agreement. 4. City's NPDES permit (Order #94-03, #CA0049697), issued by RWQCB, shall be separate from PG&E's NPDES permit (Order #95-28, #CA0003743), issued by RWQCB. 5. 1n addition to paragraph number four (#4), City's operation of its desalination facility and • use of Facilities shall not adversely affect, compromise, interfere or allow interference with the operation of PG&E's Morro Bay Power Plant or with PG&E's NPDES permit compliance. 6. All items of work involved with City's use of Facilities shall be the sole responsibility and exclusive cost to City. City shall be solely responsible for all the labor and materials associated with City's project in the Facilities. City's use of Facilities shall be at City's sole risk and expense. City shall pay and discharge all bills for labor and/or materials furnished during the term hereof for City's use of Facilities, and shall be solely liable for said costs. City shall perform all work associated with its underground pipelines and its associated equipment located in Facilities, in a professional manner, consistent with good engineering practices and design standards. Said work, performed by City, shall be performed to the satisfaction of PG&E. City shall hold PG&E harmless from all liability for any and all claims, demands and/or causes of action brought out of, or in any way connected with, any claims and/or liens for labor and/or materials or similar action. 7. City is solely responsible for the installation, operation, maintenance, and repair of its underground pipelines, associated facilities and equipment that are used to operate its desalination facility. 8. City may discharge effluent from its desalination facility, using its underground pipeline and associated equipment within Facilities, in accordance with City's NPDES permit. City 0 2 • shall conduct the additional monitoring as shown in Table 1 (Attachment C). Said additional monitoring may be waived, upon receipt of notice from PG&E, pursuant to paragraph ten (#10) of this agreement City's use of Facilities shall be in accordance with all of the terms of this agreement. No other effluent, storm water, filter backwash, treatment chemicals, toxic materials, hazardous materials or waste of any kind shall be discharged by City, within Facilities. It is acknowledged that said effluent, in accordance with City's NPDES permit, contains anti-scalant material. 9. PG&E shall undertake reasonable effort to provide a flow rate of a minimum of one hundred (100) million gallons per day, when City's desalination plant is operating at full capacity. The proper flow rate may be less and is determined based on the operating capacity of City's desalination plant. The flow rate provides for mixing and dispersion, to mitigate the level of total dissolved solids of City's desalination plant when said effluent discharge is above thirty four thousand (34,000) milligrams per liter (mg/1). For the purpose of this agreement, City's effluent concentration shall be presumed to exceed thirty four thousand (34,000) mg/1, at all tunes, unless and until City notifies PG&E, otherwise. In the event PG&E does not need to discharge at said flow rate for its own purposes, City shall reimburse, to PG&E, PG&E's costs for the additional pumping above PG&E's operational needs for PG&E's Morro Bay Power Plant. The amount of City's reimbursement, to PG&E, shall be calculated in accordance with Attachment D. • 10. City shall notify PG&E's Morro Bay Power Plant, in accordance with requirements contained in Attachment E, at the telephone numbers fisted in Attachment F. • 11. City acknowledges PG&E's title to Facilities and agrees never to resist, assail or challenge said title. 12. City's operation of and discharge from its desalination plant shall be in strict compliance with any and all terms and conditions as required in City's Coastal Development Permit 93-94- 46, issued by the California Coastal Commission and City's NPDES Permit Order #94-03, #CA0049697, issued by the State of California Regional Water Quality Control Board (RWQCB). Any additional studies, monitoring, or requirements by RWQCB or other regulatory agency of PG&E, with regards to City's desalination plant, shall be the sole responsibility and cost of City. It shall be City's responsibility to resolve any desalination plant discharge - related issues or requirements with the RWQCB or any other agency requirements prior to, and during, the operation of City's desalination plant. 13. City is solely responsible for securing any, and all, permits and approvals that may be required, now or in the future, for the installation, repair and use of said pipelines and associated equipment located within Facilities. City shall also be solely responsible for the costs of securing said permits and approvals. 3. • 14. City shall provide, at no cost to PG&E, copies of City's NPDES and CCC permits related to City's desalination project, submitted by City to RwQCB. 15. City shall obtain any, and all, applicable permits required by any other federal, state and local governmental agencies having jurisdiction over said facilities or real property. 16. This agreement may be considered by others to be PG&E's implied endorsement of City's plans. As a result, PG&E requires that City assure, by acceptance of this agreement, that they have given full consideration to the ecological and environmental impact of their use. City shall assure PG&E that they have complied with, or will comply with, all of the applicable provisions of the California Environmental Quality Act of 1970 (California Public Resources Code, Sections 21000 et seq.) 17. City shall comply with all local, state, and federal laws and regulations including those laws whether existing or new which relate to the use, handling, treatment, or disposal of toxic or hazardous substances. In no event shall City dispose, or allow disposal, of any substance into Facilities which has hazardous or toxic qualities. 18. Notwithstanding anything contained herein, City agrees to pay PG&E for the full cost of any damage to Facilities or for any disruption in PG&E's operations that may result from City's exercise of this agreement, except for damages which result from the sole negligence or • willful misconduct of PG&E. 19. City shall indemnify PG&E, its officers, contractors, agents, and employees against all loss, damage, expense and liability resulting from injury to or death of any person, including, but not limited to, employees of PG&E, or injury to property, including, but not limited to, property of PG&E or City, arising out of, or in any way connected with City's exercise of this agreement, including any loss, damage, expense, or liability proximately caused or contributed to by the negligence, whether active or passive, of City, or City's failure to properly, inform PG&E of the precise nature of City's activities or in any way connected to the handling, discharge, or release of hazardous materials or waste, excepting only such loss, damage, expense, or liability as may be caused by the sole negligence or willful misconduct of PG&E. In the event this indemnity is not enforceable, City shall indemnify PG&E to the maximum extent allowed by law. 20. This agreement is subject to the provisions of General Order No. 69-C of the Public Utilities Commission of the State of California and to all other applicable provisions of the laws and regulations of the State of California and all other govemmental agencies; 21. Upon termination of this agreement City agrees to restore Facilities to the condition existing prior to City's use, including, but not limited to, the removal of all debris and materials resulting from City's use of Facilities. City agrees that this work shall be completed • at its sole expense and to the satisfaction of PG&E. 4. • 22. Insurance Requirements City shall maintain the following insurance coverage. Coverage shall protect both City and PG&E for liability arising out the use of Facilities by the City, as specified in this agreement. A. Workers' Compensation and Employers' LiabilitX 1. Workers' Compensation insurance or self-insurance indicating compliance with all applicable labor codes of the state of California. 2. Employers' Liability insurance shall not be less than $1,000,000 for injury or death for each accident. B. Commercial General Liability 1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage "occurrence" form, with no coverage deletions. 2. The limit shall not be less than $1,000,000 each occurrence for bodily injury, • property damage and personal injury. 3. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its directors, officers, agents and employees with respect to liability arising out of the leased land and b) Be endorsed to specify that the City's insurance is primary and that any insurance or self-insurance maintained by PG&E shall not contribute with it. C. Additional Insurance Provisions 1. Before commencing performance of Work, City shall furnish PG&E with certificates of insurance and endorsements of all required insurance for City. 2. The documentation shall state that coverage shall not be cancelled except after thirty (30) days prior written notice has been given to PG&E. 3. The documentation must be signed by a person authorized by that insurer to bind coverage on its behalf and shall be submitted to: Pacific Gas and Electric Company Manager of Insurance Department Mail Code B24H Post Office Box 770000 • San Francisco, CA 94177 5. • A copy of all such insurance documents shall be sent to: PACIFIC GAS and ELECTRIC COMPANY MORRO BAY POWER PLANT Attention: Power Plant Manager Post Office Box 1617 Morro Bay, CA 93422 4. PG&E may inspect the original policies or require complete certified copies, at any time. 23. All written notices or communications may be served personally or sent by prepaid certified United States mail, return receipt requested, to the following addresses or to other such places as may be designated by PG&F. or City from time to time. Notice to PG&E • PACIFIC GAS AND ELECTRIC COMPANY Post Office Box 592 San Luis Obispo, California 93406-0592 Attention: Building and Land Services New Business Center, San Luis Obispo Telephone (805) 595-6432 Notice to City CITY OF MORRO BAY 595 Harbor Street Morro Bay, CA. 93442 Attention: Mr. William Boucher, Director Public Works Department Telephone: (805) 772-6261 • • Such notice shall be deemed received within forty-eight (48) hours from the time of mailing, if mailed as provided for in this paragraph. Oral communication shall be in accordance with the contacts and requirements contained in Attachments E & F. 24. This agreement shall not be assignable to or binding upon any successors, in interest, without written permission from either PG&E or City. IN WITNESS WHEREOF, this agreement has been executed by PG&E and City hereto, upon the date written below: CITY OF MORRO RAY \nn Yates, William Boucher, Director, Public Works Department • By_ u� ? Dave Rowell, City Administrator M QA Date Date PACIFIC GAS AND ELECTRIC COMPANY Randal S. Livingston, Plant Manager, Morro Bay Power Plant Lu De Silva, Director, Building and Land Services Los Padres Division Section 26. n9S., RIDE, M.D.D.&M. SBE Map No. 135-40.1IB, Parcels 3, 4, & 5 Morro Bay Power Plant "Outrall" Facility LD #'a 2229-10-0051. 0054, & 0055 652 z 96204.242 is 7. m E 171 �Xh;6,f � a4. OGOGO _ Q Q MES� 0 i• 'h. ^se fE - — 'a i p s r 1 ♦ ' .Loi._ its. I. nr. s nd aj le � %`fIG,c61�14'q A4 ac,�mio,% �� � �iu)Wl tuJ C�uali � CErn40Li l�OT �akP bP !� feAuc�tc�• tf • • Attachment C Table 1 City of Morro Bay Desalination Plant Additional Monitoring to Comply with PG&E's NPDES Permit Requirements Temperature: - Daily pH: - Weekly Suspended Solid: Weekly (grab sample) limits: 30 mg/I 30-day average; 100 mg/I daily maximum Oil & Grease: Weekly (grab sample) limits: 15 mg/130-day average; 20 mg/l daily maximum 0 Attachment D If it becomes necessary for PG&E to operate one or more of its four (4) circulating pumps (nos. 1,2,3 or 4) at its Morro Bay Power Plant, in order to maintain City's required discharge flow rate for City's desalination plant, when said flow rate is above PG&E's operational needs, City shall reimburse PG&E for each hour that PG&E operates each circulating pump. City's reimbursement, to PG&E, shall be determined, as follows: For the period, from commencement of this agreement until December 31, 1997, the hourly rate (cost) for each of PG&E's circulating pumps shall be $30.00. • For the period, from January 1, 1998 to March 11, 1999 (end of City's NPDES permit), the existing hourly rate (cost) of $30.00 shall be adjusted according to, either the increase or decrease in the Cost of Living Index (CPI), as published by the United States Department of Labor, Bureau of Labor Statistics. The appropriate index to be used for said future adjustments is the Los Angeles -Anaheim -Riverside index. For the purposes of this agreement, the base index shall be 154.8 (June, 1995). Any future adjustments shall be determined according to the following formula. current CPT/base index = Adjustment factor a $30.00/hr. = Adjusted hourly rate Examples: 160/154.8 =1.03 x $30.00/hr. = $30.90/hr, or; 152/154.8 = 0.98 x $30.00/hr. = $29.40/hr. Prior to January 1, 1999, PG&E shall determine the hourly rate that it will charge City for the operation of PG&E's circulating pumps, and the schedule for adjusting said hourly rate, during the period of City's option (March 11, 1999 to March 10, 2004). E Attachment E Courtesy Notifications City shall notify PG&E within one (1) hour, if any NPDES permit or other limits, contained in this agreement are exceeded. City shall notify PG&E within one (1) hour regarding any upset, unusual condition or unusual discharge at City's desalination plant that might affect PG&E's NPDES compliance. City shall notify PG&E within one (1) hour regarding the actual time of start-up, shutdown and any other routine operations that might alter or affect City's desalination discharge to • Facilities. If PG&E determines that a problem or potential problem exists within Facilities, PG&E shall, notify City within one (1) hour. PG&E shall meet, if necessary, with City's desalination plant personnel and review any records, logs or operating data to determine the source of the problem within Facilities. If necessary to meet PG&E's operational considerations, City's desalination plant will immediately stop discharging, upon request by PG&E. PG&E's Supervisor of Operations, at the Morro Bay Power Plant (or designated representative) shall notify City's desalination plant, if such action is required. City shall notify PG&E, at least two (2) weeks in advance, of the start-up (commencement of effluent discharge to Facilities) of City's water desalination plant. City shall notify PG&E, forty eight (48) hours in advance, of any work to be performed on the desalination feedwater or effluent discharge systems, located within Facilities. PG&E shall notify City, twenty four (24) hours in advance, of any planned power plant operation or outage which could require City's desalination plant to stop discharging effluent. E Ll Attachment F Contacts• Morro Bay Power Plant Emergency Contact: Days - Supervisor of Operations: Bob Cochran, phone: 595-5019• pager• 542-7553 24 hours - Control Operator Unit 3/4; phone: 595-5533 or 595-5511 n LJ Routine Operations: Control Operator Unit 3/4; phone: 595-5533 or 595-5511 (logs startups etc.) Maintenance and Access: Water System Supervisor; Bob Ludwig, phone: 595-4259 Pager; 542-7340 NPDES Issues/Reporting: Chemical Engineer; Tom Lott, phone: 595-5048 pager, 595-7692 • . RESOLUTION NO.101-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVAL OF AMENDMENTS TO THE LAND USE MAP OF THE GENERAL PLAN, AND LOCAL COASTAL PLAN THE CITY COUNCIL City of Morro Bay, California CASE NO. GPA/LCP 03-93 WHEREAS, The Planning Commission of the City of Morro Bay, on May 16, 1994, by adoption of Resolution 01-94, after duly noticed PUBLIC HEARINGS, did make recommendations to the City Council for approval of amendments to the Land Use Map of the General Plan and Local Coastal Plan, Zoning Ordinance Text and Map; and the North Main Street and Beach Street Specific Plans; and WHEREAS, The City Council held duly noticed PUBLIC HEARINGS to consider the amendments, and on May 22, 1995 tentatively approved the amendments with additional modifications, and referred those modifications made back to the Planning Commission for • review and recommendation; and WHEREAS, The Planning Commission held duly noticed PUBLIC HEARINGS to review the modifications made by the City Council to the text and map amendments; and WHEREAS, at a PUBLIC HEARING on the 7th day of August, 1995, the Planning Commission did by adoption of Resolution 02-95 make final recommendations to the City Council; and WHEREAS, on the 28th day of August, 1995, the City Council did hold a duly noticed PUBLIC HEARING, to consider the to amendments to the Land Use Map of the General Plan and Local Coastal Plan, including the final recommendations by the Planning Commission; and WHEREAS, the Environmental Coordinator determined that the California Coastal Commission is the lead Agency for Local Coastal Plan Amendments for the purposes of the California Environmental Quality Act; and WHEREAS, following the hearing, and consideration of the testimony of all persons written and oral, the City Council approved the amendments based upon the following findings: 1. The proposed amendments are consistent with the intent of the State Coastal Act; and 2. The proposed amendments are consistent with the General Plan and Local Coastal Program Land Use Plan; and City Council Resolution No. 101-95 • Page Two The proposed map amendments provide broader range of uses for certain properties; establish the Environmentally Sensitive Habitat (ESH) Area as an Overlay Zone, providing base zone districts to the previous ESH Zone Districts where applicable, and provide consistency with the Zoning Ordinance, General Plan and Local Coastal Program Land Use Plan Maps. 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 approve the Local Coastal Plan / General Plan Land Use Map Amendments attached hereto and made a part of this resolution. This Resolution adopting the Local Coastal Plan / General Plan Land Use Map amendments shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendments; and 4. The City of Morro Bay hereby finds that the Local Coastal Program Amendments are in compliance with the intent, objectives, and policies of the California Coastal Act and that the City will carry out the Local Coastal Program, including these amendments in a manner fully consistent with the California Coastal Act and all its provisions; and • 5. These amendments shall take effect immediately and automatically upon certification. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 28th day of August, 1995, by the following vote to wit: AYES: Crotzer, Novak, Unger, Yates NOES: None ABSENT: Anderson ATTEST: • BRIDGETT AUER, City Clerk CITY COUNCIL RESOLUTION NO. 101-95 LOCAL COASTAL PLAN / GENERAL PLAN LAND USE PLAN MAP AMENDMENTS ATTACHMENTS MAY 1994 DRAFT MAPS SUMMARY OF RECOMMENDATIONS BY PLANNING COMMISSION • JUNE 19, 1995 to AUGUST 7, 1995 n U El m MA CU��R�� B�:A Y :�� ��,,A��L�IIIFI�.O��R�; � �II��A o ,� CITY COUNCIL ITY TENTATIVE ACTION 415195 ..... .... E AREA►1 \� \� Current Zoning : ESH _FProposed Zoning : M-2 (PD/ESH) Togo Creek pool 07 T 7 Z n Current Zoning : ESH vr000sed Zoning : OA-1 (PD/ESH) Ca i� i u a °' d ttAAyy 9 � o a, v o. • . C C N C p p .r .Ci C O s ^ t C O N C O O o V O a .. a rl N1 W a u d 01 fA C cl: C N 01 C C god O � N u N O a 0 o. • • Current GPgLCP : High Density AREA 5 Proposed GP&LCP : Low Density Current Zoning: RA (PD) Proposed Zoning : R-A Current Zoning : PD/I/ESH) Proposed Zoning: M-1 PA Proposed Z< i i�. 5 n I 'c z N r t LCurtest --ESH i Zornng`�i PDIi/�� Proposed Zoning : M- 3 LINE CREEK Current Zoning : ESH \ )osed Zoning : AG (ESH) ` CENTER LINE ...n c mnRRO CREEK 0 E 0. Ch t: 0 IN\ cn 0 A E CL r- 0 1-04 a CL N u 0 0 Z 0 u it a :. a 0 CADEW cu tn L61 CL 0 0 NIP Uj ^ a O OCEAN 0 Current zoning : ESH-R Proposed Zoning4 . : OA-1 (ESI R) AREA 7 It I rw=�"!77 --citq Current Zoning : None Proposed Zoning: H / Current zoning--- ESH Proposed Zoning (ESH) E Current Zoning ESH . ..^CaA 7nnina H (ESH • • I 66 i R is w Q = I E N N v v U N x C cn I:I t C C �p �+ 14 c I a u J u � c N l a � , -z auu°a u W c N 6C7 00. Il` C.. I m LU Q AREA 9 SURF ST. �o m 0 CH ST. ® Current Zoning : C-VS (PD/SP) Proposed Zoning : C-2 (PD/SP) 6 a A , Q 3AV VWO'i VI a`+ Q ,., E 4A o E s V G OO •, Z .�, * d' u x V .. < < <1 + 4 _ + * y c C d 0. N N .v s, •• �S a ai N E a+ O N f4 V N V ,�„ aCi O a d v x V ' Z 7 0 Z rn c r u N a c N 0 5 u J N N t �N J � - Q- u = d y 4j o d 2 .. E o _ cmc J J N N ju a r= a�va . u ° o_ „ o LLA of o� AREA 13 0 7 � o o � 9 .G Current Zoning : ESH Proposed Zoning, H (E 0 Current Zoning : ESH Proposed Zoning: H (ESH) STATE PARK RD. • . 40 AREA 141 's. 7 O Current Zoning : ESH Proposed Zoning: OA-2 (PD/ESH) HIGHWAY I MOtso Bav / , /' I SOUTH BAY BLVD. State Park & p Golf Course Current Zoning : ESH proposed Zoning: OA-1 (ESH) • DUNES ST. o t Z O T HARBOR ST. •h t + t •h t MORRO ST. Current GP&LCP : M.U.E Proposed GP&LCP : Commercial District Current Zoning : G-O (S.4) Proposed Zoning: C-1 (S.4) n LJ Q- ZOA 05-91; LCP/GPA 03-93 August 28, 1995 City Council • Summary of Recommended Mao Changes by the Planning Commission 6119195 - 817195 MAPS Area 5: A. 1. Re -zone a portion of the block between Sunset and Hill along north side of Highway 41 from R-4/PD to C-1/C-2 (SP). This recommendation is Map Exhibit Area 5 (3a). 2. Redesignate Map Area 5(3a) from High Density Residential to Mixed Use Area `F' on the General Plan/ Coastal Land Use Map. B. Re -zone the R-1 portion of two properties that are currently split -zoned R-1 and M- I (PD/1) to M-1 (PD/I/SP). This recommendation is Map Exhibit Area 5 (2b). Area 8: A. 1. Add C-2 zoning distil designation to current C-1 designation to expand • commercial uses allowed. 2. Redesignate Map Area 8 from District Commercial to Mixed Use Area `F' on the General Plan/ Coastal Land Use Map. Area 11: A. Rezone Map Area 11 from C-VS (S.3/S.4) to C-VS/R-2 (S.3/S.4). E � Options 3 ab�b Proposed changes are underlined AREA 5 Current GP6LCP : High Density Propoud cP&LCP : Low Density .:,. Gment Zoning : R•4 (PD) • :x.L:s. Proposed Zoning : R-A? ® K. ♦. f' ICON p5[. �t .�.• ..a� Prop 9 ° used Zonin DA ESFn r+;''rh",' .:'•`./'�`�_.' �.+:. OPTION 3-a Current Zoning - R-4 (PM oared Zonina - C-1/C-2 (SP) .a r I ._ Exrt .. current ann6�g ESH : .z r QMEJt IJt1E Proposed Zsittg:CVS(ESH) VAMMpCREIX ning:ESH R" `Proposed ng : C-YS (SWESH) „ I C ^t Zoning • I � � �� Proposed Zoning : AGG (ESH) cum UNE OF Current Zoning: ESH Proposed Zoning: R-1(ESH) Cunent Zoning : ESH Proposed Zoning : M-1 (PD/1/ES141 Current 7onina - Proposed Zoning - MCR/R-1 Cv.r�n� G►�yLC/ ; /f/if� Aw.f•� ems•%»>�w.� • P 6►r ♦6a♦ ~;Kelp Use kes- �'' • .�. S.rv;u. �..,M� r.•'oo iiI FAM 0 Fe4 if I 7AR —EA-51 Current GP&LCP: High Density Proposed GP&LCP: Law Density Current Zoning: RA (PD) Proposed Zoning: R-A KRONVA30D 3 Current Zoning : R-4 (PD) Current Zoning : ESH proposed Zoning: M-1 (Po 4% Cunent Zoning: ESH Proposed Zoning: C-VS (ESH) Current Zoning ESH Proposed Zoning: C-VS (S . I C, Proposed 0 F, x FA IA CENTER UK OF MOM GREEK it Zoning : ESH Zoning: AG (ESH) CENTER LAME OF UmE MOM am : ESH OPTION 2-b current zonina % R-1 Pronosed Zoning -LbL-1-2-MM Chuck's Towing Only • v � v � c� V 0. ANCHORS[. S. Per.1 OUw Si. Current Zoning : C-VS (S.3/S.4) Proposed Zoning - C-VS/R-2 (S-3/S-4) r- Ll . RESOLUTION NO. 100-95 A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE TWIN BRIDGES REPLACEMENT PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay with the cooperation of the County of San Luis Obispo has proposed a project identified as Twin Bridges Replacement Project, ED85-268, which lies in the County of San Luis Obispo and is more precisely shown on the plat map attached hereto as Exhibit "A"; and WHEREAS, an unbiased environmental impact report [hereafter "EIR"], that has been prepared in accordance with the California Environmental Quality Act [hereafter "CEQA"], Public Resources Code, sections 21000 et seq., State CEQA Guidelines [hereafter "Guidelines"], • California Code of Regulations, title 14, section 15000 et seq., and that reflects the independent judgment of the City has been completed; and WHEREAS, the City's CEQA responsibilities must be completed in order for the Federal Highway Administration to complete that agency's responsibilities pursuant to the National Environmental Policy Act [hereafter "NEPA"] and the Council on Environmental Quality NEPA Regulations, as opposed to normal City procedures. NOW, THEREFORE, be it resolved and ordered by the Morro Bay City Council, as follows: CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT The findings attached as Exhibit "B" are hereby adopted, and the City Council certifies that: (a) The final EIR has been completed in compliance with CEQA; and (b) The final EIR was presented to the City Council and that the City Council has 0 reviewed and considered the information contained in the Final EIR. PASSED AND ADOPTED by the City Council, of the City of Morro Bay, at a regular • meeting held on the 28th day of August, 1995, by the following vote to wit: AYES: Crotzer, Novak, Unger, Yates NOES: None ABSENT: Anderson ABSTAINING: None 40 RESOLUTION NO. 99 - 95 RESOLUTION ACCEPTING THE OFF- AND ON -SITE PUBLIC IMPROVEMENTS TO THE CYPRESS PLAZA SHOPPING CENTER CONSISTING OF PARCELS 1,2,3,4,5,E OF PARCEL MAP 92-073 FILED AUGUST 18, 1993 IN BOOK 50 OF PARCEL MAPS AT PAGE 35 THE CITY COUNCIL City of Morro Bay, California WHEREAS, on November 28, 1994, The Morro Bay City Council did, by the adoption of Resolution No. 114-94, approve the improvement agreement for the Cypress Plaza Shopping Center; and WHEREAS, the Developer has constructed said required improvements and requested final inspection pursuant to Section 15 of said agreement; and WHEREAS, the City Engineer has caused said final inspection to occur and finds that the constructed improvements substantially conform to the approved improvement plans; and NOW, THEREFORE, BE IT RESOLVED, that the City Council, City of Morro Bay, • California does hereby approve and accept the public improvements for the Cypress Plaza Shopping Center on behalf of the public; and BE IT FURTHER RESOLVED, that pursuant to the said agreement the City Administrator be authorized to cause recordation of a Notice of Completion, to release 90% of the amount of the improvement bonding, and retain 101/o of said amount as a performance security for a period of one year; and BE IT FURTHER RESOLVED, the City Administrator is hereby authorized to release said retention at the end of one year from the adoption of this resolution minus any and all appropriate reductions. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 28th day of August, 1995, by the following vote: AYES: Crotzer, Novak, Unger, Yates NOES: None ABSENT: Anderson ABSTAIN: None WILLIAM YATES, • ATTEST: BRIDGETI BAUER, City Clerk WORGING REQUES-it'i u't WHEN RECORDED RETURN TO: Doc No: 1995-027210 Rec No: 00031389 CITY OFMORROBAY Official Records :NF 0.00 •595 HARBOR STREET San Luis Obispo Co. MORRO BAY, CA 93442 Julie L. Rodewald Recorder Jun 28, 1995 Time: 11:28 41 :TOTAL 0.00 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the 27th day of June 19 95 by Jerren E. Jorgensen and Barbara Q Jorgensen of the City of San Luis Obispo, County of San Luis Obispo, State of California, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an Offer to Dedicate, irrevocably, to the public, an easement, for public utility purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain public utilities. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described below: • Parcel 4 of Parcel Map 92-073 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of an easement for public utility purposes and incidental uses upon the following described property: See Exhibit A attached hereto. 3. That said Offeror agrees that said Offer of Dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, accept said Offer of Dedication of the easement. 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. • 5. That said Offeror agrees that any trust deeds shall be subordinate to this Offer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said • Offeror on the day and year first above written. G State of California ) ss. County of San Luis Obispo ) M On June 27, 1995 beforeme, Judith R. Fritzinger, notary public, Jerren E. Jorgensen and personally appeared Barbara Q. Jorgensen eF proved to me on the basis of satisfactory evidence to be the person(s) whose name +sfare subscribed to the within instrument and acknowledged to me that he/sh /they executed the same in f/their authorized capacity(ies), and that by 4is/bar/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. RC\19\1 499e 14.new tL/LR ;.t t gag E 0 ZAt -,ggk ............. ........ I ........ 31-00"90 L4J z-AID - ------------ - ------ --- --- E N'D OF DC{C LRA Ic PVT n EXHIBIT A THAT PORTION OF PARCEL 4 OF PARCEL MAP 92-073, IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 50, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, LYING WITHIN SAID PARCEL 4 AND WITHIN THE STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 4 DISTANT SOUTHEASTERLY THEREON 11.15 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE NORTH 370 14' 21" EAST, 17.31 FEET. THE ABOVE LINES ARE SHOWN GRAPHICALLY ON EXHIBIT B, ATTACHED HERETO • AND MADE A PART HEREOF. JM\Ig\I499H2 .E S P: v 0 RESOLUTION NO. 98-95 A RESOLUTION ACCEPTING AN OFFER OF EASEMENT DEDICATION FROM THE CYPRESS PLAZA SHOPPING CENTER FOR WATERLINE PURPOSES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the conditions of approval (CUP 12-92) for the Cypress Plaza Shopping Center require the developer to dedicate waterline easements to the City; and WHEREAS, the developer has constructed a waterline to City specification and approval on parcel 4; and WHEREAS, the developer has made an offer to dedicate said waterline easement to the City as shown upon the attached offer and exhibits; and WHEREAS, it is in the public interest to accept the offered waterline easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that is the attached offer of waterline easement dedication made by the Cypress Plaza Shopping Center is hereby accepted on behalf of the public. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of August, 1995 by the following vote: AYES: Crotzer, Novak, Unger, Yates NOES: None ABSENT: Anderson ABSTAIN: None WILLIAM YATES, ATTEST: I BRIDGET"AUER, City clerk RESOLUTION NO. 97-95 If RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AND SUBMIT TAX COMPLIANCE QUESTIONNAIRES FOR PROPOSITION 116 GRANTS FOR TWIN BRIDGES BIKE LANES AND SOUTH BAY BOULEVARD BIKE LANES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Proposition 116 Bond Funds have been granted for installation of bike lanes at Twin Bridges and along the remaining portions of south Bay Boulevard under City jurisdiction; and WHEREAS, Tax Compliance Questionnaires are required submittals for Proposition 116 projects. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California that the City Administrator is hereby authorized and directed to execute and submit Tax Compliance Questionnaires for the referenced projects as appropriate; and BE IT FURTHER RESOLVED, the City Finance Director is authorized and directed to • release and expend funds, issue warrants and complete other necessary tasks to comply with the terms and conditions of Proposition 116 Bond Fund requirements. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 14th day of August, 1995, by the following vote: AYES: Anderson, Novak, Yates NOES: None ABSENT: Crotzer, Unger ABSTAIN: None ATTEST: • DOLORES DAHLIN, Deputy City Clerk dr:res9795 • RESOLUTION NO.96-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF FIRE FIGHTER EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with members of the Morro Bay Fire Fighters; and WHEREAS, the meeting between the Morro Bay Fire Fighters and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by Morro Bay Fire Fighters accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and • WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said fire employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 14th day of August, 1995 by the following vote: AYES: Anderson, Novak, Yates NOES: None ABSENT: Crotzer, Unger ATTEST: is Ad4,m DOLORES DAHLIN, Deputy City Clerk • RESOLUTION NO. 95-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECOGNIZING THE CALIFORNIA GOLD DISCOVERY TO STATEHOOD SESQUICENTENNIAL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a sawmill construction superintendent by the name of James Marshall, while inspecting the flow of water in a millrace on the south fork of the American River, discovered gold on January 24, 1848; and WHEREAS, the cry of "GOLD!" that echoed from the Sierra Nevada foothills was heard throughout the nation and around the world resulting in the California Gold Rush of 1849, the largest human migration in history; and WHEREAS, California's economic and geographic importance to the United States was such that California became the 31st state in the Union on September 9, 1850; and • WHEREAS, the Honorable Governor Pete Wilson issued Executive Order W-74-94 on January 24, 1994, establishing the California Gold Discovery to Statehood Sesquicentennial Commission to coordinate and oversee the 150th anniversary of these monumental events, from January 1, 1998 through December 31, 2000; and WHEREAS, it is important to present to the people of the state, the nation, and the world a heightened sense of California's unique human history, its ethnic diversity, its enormous energy, breath -taking natural beauty, and innovative technology; and WHEREAS, the Sesquicentennial will stimulate economic vitality through tourist -related job creation and promote a sense of community pride through sharing its pioneering past with future generations in the new millennium. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, urges all constituents to join in the observation and commemoration of this momentous time in California's history; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay, California, in cooperation and participation with the California Gold Discovery to Statehood Sesquicentennial Commission, will coordinate with the City of Morro Bay • Sesquicentennial commemoration through a Board -appointed committee; and • Resolution No. 95-95 Page Two BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay, California, will create events and programs for their constituents in conjunction with the California Gold Discovery to Statehood Sesquicentennial Commission's established three-year themes. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 14th day of August, 1995 on the following vote: AYES: Councilmembers Anderson and Novak, Mayor Yates NOES: None ABSENT: Councilmembers Crotzer and Unger ATTEST: • .DOLORES DAHLIN, DEPUTY CITY CLERK • CITY COUNCIL RESOLUTION NO. 94-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, APPROVING INTER -FUND TRANSFERS TO FINANCE THE ENERGY RETROFIT PROGRAM WHEREAS, the City Council finds that the energy retrofit program is a worthy endeavor; and WHEREAS, the City Council finds that the City of Morro Bay can reduce its overall costs of operation by installing energy efficient lighting in public facilities throughout the City; and WHEREAS, the City Council does not want to further burden the General Fund with additional appropriations for this purpose; and WHEREAS, the City Council finds that a portion of the previously approved transfer of monies from the General Fund to the Transit Fund, for Fiscal Year 1994-95 can be reversed without undue hardship upon the operations of the Transit Fund; _ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Fiscal Year 1994-95 operating budget is amended to authorize transfer of $27,635 from the Transit • Fund to the energy retrofit project in the Capital Improvement Fund; and BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the Fiscal Year 1995-96 operating budget is amended to transfer from existing departmental appropriations of the General Fund, the Harbor Fund, the Sewer Fund and the Water Fund to the Capital Improvement Fund the amount of $9,205 for the energy retrofit project. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Mono Bay, on the 14th day of August, 1995, by the following vote to wit: AYES: Mayor Yates, Councilmembers Anderson & Novak NOES: None ABSENT: Councilmembers Crotzer and Unger i DOLORES F. DAHLIN Deputy City Clerk r1 U RESOLUTION NO. 93-95 is RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY PETITIONING CALTRANS FOR HIGHWAY I PEDESTRIAN CROSSING IN THE AREA BOUNDED BY HIGHWAY 41 AND YERBA BUENA STREET WHEREAS, State Highway 1 under the jurisdiction of the State of California Department of Transportation (CalTrans), traverses the City of Morro Bay; and WHEREAS, in the approximately two-mile length between State Highway 41 and Yerba Buena Street there exists a single controlled pedestrian crossing facility, said crossing being at San Jacinto Street; and WHEREAS, some pedestrians in this area may encounter difficulty or inconvenience crossing Highway I to access coastal resources, Morro Bay High School and other locations on the Highway; and WHEREAS, the City of Morro Bay and the State of California, through passage of laws, regulations and policies, recognize the need to encourage the use of alternative modes of transportation, including pedestrian, and to provide viable access to coastal resources, schools and other destinations. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Morro Bay, California, • that the State of California Department of Transportation (CalTrans) is hereby petitioned to provide additional and improved Highway 1 pedestrian crossings in the area bounded by Highway 41 and Yerba Buena Street; and BE IT FURTHER RESOLVED, CalTrans is hereby fiuther petitioned to establish the highest priority for installation of said crossings in acknowledgment of the public benefit derived by providing additional facilities to encourage pedestrian access to coastal resources, schools and other destinations. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 24th day of July, 1995, by the following vote: AYES: NOES: ABSENT: Anderson, Crotzer, Novak, Unger, Yates None None WILLIAM YATES, ATTEST: BRIDGETI BAUER, City Clerk RESOLUTION NO. 92-95 APPROVAL OF LEASE FOR LEASE SITE 62/62W BETWEEN THE CITY OF MORRO BAY AND BRUCE AND KATHY LEWIS 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 62/62W; and, WHEREAS, the City of Morro Bay and Bruce and Kathy Lewis previously held a lease agreement for the Lewis's operation of Lease Site 62/62W; and, WHEREAS, the Lewis's received City approval for assignment of Lease Site 62/62W to George and Valerie Valenzuela who subsequently filed for Chapter 7 bankruptcy protection; and, WHEREAS, the previous lease agreement for Lease Site 62/62W was not properly assumed into the bankruptcy estate leaving the standing of the lease agreement and a note held by the Lewis's secured by the previous leasehold interest a matter of dispute between the Lewis's and the City; and, WHEREAS, the City and the Lewis's desire to resolve this dispute by executing a mutual release and settlement agreement and by entering into a new lease agreement for the Lewis' operation of Lease • Site 62/62W. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay that approval is hereby given for a new lease agreement for Lease Site 62/62W by and between the City of Morro Bay and Bruce and Kathy Lewis contingent on approval of a mutual release and execution of the settlement agreement between the parties. BE IT FURTHER RESOLVED, that the Mayor of the City of Morro Bay shall be authorized to execute said lease upon execution of the mutual release and settlement agreement provided that said mutual release and settlement agreement shall be executed no later than August 26, 1995. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of July, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None • A.IAR/t� BRIDGETT 8AUER, CITY CLERK • TABLE OF CONTENTS - LEASE SITE 62162W ARTICLE I TERMINATION OF PREVIOUS LEASE AND DESCRIPTION OF SITE ................................ 1 Section 1.01 Termination of Previous Lease...................................................................................................... 1 Section1.02 SITE............................................................................................................................................. I Section 1.03 Condition of the SITE.................................................................................................................... e ARTICLE2 FIXED TERM................................................................................................................................. ] Section2.01 Term.............................................................................................................................................. Section2.02 No Extensions ............................................................................................................................... Section2.03 Hold Over..................................................................................................................................... ARTICLE3 RENT.............................................................................................................................................. I Section3.01 Minimum Rent.............................................................................................................................. 1 Section 3.02 Annual CPIAdiurtment to Minimum Rent..................................................................................... 3 Section 3.03 Five Year Calculation for New Minimum Rent.............................................................................. 3 Section 3.04 Percenmee Rental......................................................................................................................... 4 Section3.05 Penalty andInterest...................................................................................................................... 6 ARTICLE4 USE OF SITE..................................................................................................................................6 Section4.01 Permitted Use............................................................................................................................... 6 Section4.02 Unauthorized Use......................................................................................................................... 6 Section 4.03 Operation ofBusiness - Hours of Operation .................................................................................. 6 Section4.04 Competition-................................................................................................................................7 Section4.05 Tidelands Trust.............................................................................................................................7 Section 4.06 Compliance with Law ... ...... .................................................................................. I........................ 7 Section 4.07 Waste or Nuisance........................................................................................................................ 7 ARTICLE 5 CONSTRUCTION, REPAIRS AND ALTERATION.................................................................... 7 Section 5.01 Construction Approval.................................................................................................................. 7 Section5.02 Construction Bond........................................................................................................................ 8 • Section 5.03 Mechanics' Liens.......................................................................................................................... 8 Section 5.04 Ownership oflmprovements.......................................................................................................... 9 ARTICLE 6 HYPOTHECATION OF LEASE...................................................................................................9 ARTICLE 7 REPAIRS, MAINTENANCE AND RESTORATION................................................................... 9 Section 7.01 Maintenance by TENANT............................................................................................................. 9 Section 7.02 Seawalls and Revetment.............................................................................................................. 10 Section 7.03 Requirements ofGoverrtmental Aeencies.................................................................................... 10 Section7.04 Failure to Repair........................................................................................................................ 10 Section 7.05 TENANT'S DuN to Restore SITE................................................................................................ 10 Section7.06 Inspection by CITY..................................................................................................................... 10 Section 7.07 Option to Terminate Lease for Destruction................................................................................. 11 Section 7.08 Application oflnsurance Proceeds.............................................................................................. 11 ARTICLE S INDEMNITY AND INSURANCE...............................................................................I................ Il Section 8.01 Indemnity Aereement.................................................................................................................. 11 Section 8.02 Liability Insurance...................................................................................................................... 11 Section 8.03 Worker's Compensation.............................................................................................................. 12 Section 8. 04 Fire and Casualty Insurance ....................................................................................................... 12 Section 8.05 Specific Perils to beInsured.. ...... ....................................... .......... ........................................... 13 Section 8.06 Deposit oflnsurance with CITY................................................................................................... 13 Section 8.07 Notice of Cancellation oflnsurance............................................................................................ 13 Section8.08 No Subroeation........................................................................................................................... 13 ARTICLE 9 TAXES AND UTILITIES............................................................................................................. 13 Section9.01 TENANT to Pay Tares................................................................................................................ 13 Section 9.02 TENANT to Pau Licence and Permit Fees ................................................................................... 14 Section9.03 Utilities.............................................................. ................................... ........................... ........... 14 ARTICLE 10 CONDEMNATION.................................................................................................................... 14 Section 10.01 Total Condemnation..... ............. --....................................................................... ..... ................ 14 Section 10. 02 Condemnation Award........................................... ........................... .... ....... .... ...... ..... ................ 14 • Section 10. 03 Termination for Partial Taking ................................................................................................. Section 10.04 Rent Abatement for Partial Takine............................................................................................ 15 15 Section 10. 05 Convevance in Lieu of Eminent Domain.................................................................................... 15 ARTICLE 11 ASSIGNMENT AND SUBLEASING........................................................................................ 16 Section H. 01 No Assignment Without CITY'.s Consent ........................ ....................... 16 Section / 1. 02 Transfer o(Stock a.s Assignment........... _.._............................................................................... 16 Section 11.03 Application (or A.ssienmenf....................................................................................................... 16 Section 11.04 Probate Transfer or Assienment................................................................................................ 17 Section 11.05 No Sub -lease Without CITY's Consent ....................................................................................... 17 Section 11.06 Term of Sub -lease ..................................................................................................................... 17 • Section 11.07 Sub -Tenant Subiect to Lease Terms........................................................................................... 17 Section 11.08 Consent Form Agreement .......................................................................................................... 17 Section 11.09 TENANT Remains Liable.......................................................................................................... 17 Section 11.10 Exception for Boafslips. A(atels................................................................................................. 18 ARTICLE 12 DEFAULT AND TERMINATION............................................................................................. 18 Section 12.01 Abandonment by TENANT........................................................................................................ 18 Section 12.02 Termination for Breach by TFNANT in All Cases Except Failure to Pay Rent ........................... 18 Section 12.03 Termination for Failure to Pay Rent......................................................................................... 18 Section 12.04 Beneficiary May Cure Default.................................................................................................. 18 Section 12.05 Attorney Fees for Breach not Resulting in Court Action............................................................ 18 Section12.06 Damages for Breach................................................................................................................. 19 Section 12.07 Cumulative Remedies................................................................................................................ 19 Section12.08 Waiver of Breach ...................................................................................................................... 19 Section12.09 Surrender ofSlTE..................................................................................................................... 19 ARTICLE 13 MISCELLANEOUS.................................................................................................................... 19 Section 13. 01 Attorney''s Fees.......................................................................................................................... 19 Section13.02 Notices...................................................................................................................................... 19 Section13.03 Governing Law.......................................................................................................................... 10 Section 13.04 Binding on Heirs and Successors.............................................................................................. 10 Section 13.05 PartialInvalidity ...................................................................................................................... 20 Section 13.06 Sole and OnlyAgreement.......................................................................................................... 20 Section13.07 Modification............................................................................................................................. 10 Section13.08 Time of Essence ........................................................................................................................ 20 Section 13.09 Memorandum of Lease for Recording........................................................................................ 20 Section 13. 10 Termination for Nuclear Disaster.............................................................................................. 21 • 0 LEASE • THIS LEASE is made and entered into by and between the CITY OF MORRO BAY, a municipal corporation of the State of California herein called CITY, and Bruce and Kathy Lewis, a married couple, as sole proprietors, dba, herein called TENANT. WITNESSETH WHEREAS, the State of California granted certain tide and submerged lands located within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874, Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes may be amended from time to time by the Legislature of the State of California; all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY, Lessor herein, succeeded to all of the right, title and interest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and WHEREAS, judgment has been entered on October 14, 1968, in the case of City of Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, #30417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above, • passed automatically to the CITY upon the date of its incorporation as a CITY on the 17th day of July, 1964; and WHEREAS, TENANT accepts the within lease with full knowledge that there is no warranty of title in and to the within described SITE by CITY to TENANT; and WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for the accommodation of those using Morro Bay Harbor, CITY leases to TENANT the within described property upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the rent to be paid thereunder and of the provisions, covenants and conditions herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Article I TERMINATION OF PREVIOUS LEASE AND DESCRIPTION OF SITE Section 1.01 Termination of Previous Lease CITY and TENANT hereby mutually agree that the previous lease for Lease Site 62/62W between the CITY and Robert and Marilyn Hittle, dated February 16, 1988 and subsequently assigned to Bruce and Kathy Lewis was terminated as a consequence of the bankruptcy of George and Valerie Valenzuela, dba San Simeon Sportfishing as outlined in the Mutual Release and Settlement Agreement between the City of Morro Bay and Bruce and Kathy Lewis dated 1995. • Section 1.02 SITE Upon and subject to the provisions, covenants and conditions hereof, CITY hereby leases and demises to TENANT, and TENANT hereby leases and takes from CITY, the SITE which is the real property and improvements thereon known as Lease Site 62/62W including a 15' westerly 2 extension of Lease Site 62/62W in the City of Morro Bay, County of San Luis Obispo, State of California. The SITE is described and outlined in yellow on the attached Exhibit A which is incorporated by this reference as though fully set forth herein. The SITE, excluding the 15' westerly extension of Lease Site 62/62W, is delineated on Parcel Map of the City of Morro Bay • No. 68-30, which map was recorded on October, 10, 1968, in Book 3, Page 10 of Parcel Maps in the Office of the County Recorder, San Luis Obispo County, California. As used herein, the term "SITE" shall mean and include the SITE described above, all existing improvements on the site and all improvements placed thereon by the TENANT pursuant to this Lease. Section 1.03 Condition of the SITE Except as otherwise specifically provided for in this Lease, the SITE shall be conveyed to TENANT in an "as is" condition. It shall be the sole responsibility of TENANT , at TENANT's sole expense, to investigate and determine the conditions of the SITE, the condition of the existing improvements on the SITE and the suitability of such conditions for the business to be conducted by TENANT. Article 2 FIXED TERM Section 2.01 Term The term of this lease shall be a period of approximately Twenty Three (23) years, commencing July 1, 1995 and terminating without notice on September 30, 2018, unless sooner terminated as herein provided, or by operation of law. Section 2.02 No Extensions The term of this lease shall not be extended nor shall this lease be renewed. Requests for continued use of the SITE shall be treated as an application for a new lease and shall require • appropriate application to the CITY with all required supporting information and documents, CITY Council approval and the execution of a new CITY lease, containing the then most current provisions, covenants, conditions and rent schedules. Section 2.03 Hold Over Should TENANT not relinquish actual physical possession of the SITE after the expiration of the term of this lease, or if other wise terminated, with the consent of the CITY, express or implied, such holding over (in the absence of a written agreement between CITY and TENANT with respect thereto) shall be deemed to create a tenancy from month to month, terminable on thirty (30) days written notice from either party to the other, at a monthly rental equal to twice one -twelfth (1/12) of the total minimum and percentage rental for the preceding twelve (12) months (equal to 1/6 annual rent per month), and otherwise subject to each and every provision, covenant and condition of this lease. TENANT shall indemnify and hold CITY harmless from any and all loss or liability, including, but not limited to, claims of succeeding tenants, resulting from TENANT'S failure to surrender possession of the SITE upon expiration of this lease, or upon termination of this lease for any other reason. Article 3 RENT Section 3.01 Minimum Rent TENANT agrees to pay to CITY in addition to the additional sums specified in Section 3.04, a minimum guaranteed annual rental for the use and occupancy of the SITE of Seven • Thousand Three Hundred Fifty Three Dollars and Sixty Eight Cents ($7,353.68) per year payable 3 in advance in equal semiannual installments on the first days of January and July of each year • commencing July 1, 1995. Said rental shall be paid in lawful money of the United States of America, without offset or deduction and shall be paid to CITY at City Hall located at 595 Harbor Street, Morro Bay, California, or at such other place or places CITY may from time to time designate by written notice delivered to TENANT. Section 3.02 Annual CPT Adjustment to Minimum Rent The parties agree that on July 1, 1996 and each July 1 thereafter, except as provided for in Section 3.03, the minimum guaranteed annual rental shall be increased or decreased in direct proportion to any upward or downward movement from the Consumer Price Index for January 1, 1995, which is hereby agreed to be 154.3. The Consumer Price Index referred to herein is the Consumer Price Index (all items indexes, all urban consumers) for Los Angeles - Anaheim - Riverside, California, compiled and published by the United States Department of Labor, Bureau of Labor Statistics, 1982-84 Base Year = 100 (hereafter called Index.) The percentage adjustment for any given year shall be based upon the average monthly index for twelve months ending December 31st. The minimum annual rental shall be adjusted once each year on July 1, and will remain in effect as adjusted through June 30 of the following year, at which time it will be readjusted. (By way of illustration only, if the Index was 130 on January 1, 1986 and the average monthly Index from January 1986 through December 1986 equals 136 then the percentage increase is 4.62%. Therefore the minimum guarantee annual rental then being paid by TENANT would be increased by 4.62% commencing July 1, 1987 and continuing at that rate until June 30, 1988.) If the United States Department of Labor, Bureau of Labor Statistics, shall cease to • compile and make public the Index as now constituted and issued, but shall substitute another index in its place, then said substituted index shall be used for the purpose of adjusting the minimum rental for the SITE. Section 3.03 Five Year Calculation for New Minimum Rent A. At a reasonable time prior to July 1, 2000 and of each five-year period thereafter, an appraisal shall be made of the fair market value of the SITE, excluding fixtures and improvements. CITY, at its own cost and expense, shall retain an independent qualified appraiser for determination of the fair market value of the Site and give written notification to TENANT. TENANT shall have ten (10) calendar days after notification to disagree or object to CITY's appraiser. If TENANT fails to notify CITY in writing of any disagreement or objection with CITY's choice of appraiser the TENANT's failure to respond will be considered agreement with CITY's choice. If CITY and TENANT are unable to agree upon a mutually acceptable appraiser then each party shall select one member of a three member committee. The two so selected members shall select the third member and this committee shall by majority vote select an independent professionally designated appraiser who is a member of the American Institute of Real Estate Appraisers, or the Society of Real Estate Appraisers with a designation of MAI (Member of American Institute), SRPA (Senior Real Estate Analysis), to appraise the fair market value of the SITE. CITY and TENANT will evenly split the costs of the committee and the subsequent appraisal. Each party or appraiser shall have thirty (30) calendar days to make their selection and if either party or appraiser fails to make a selection, then the other party or appraiser may make the selection. In the event that the appraisal process is not concluded on or before the five year • adjustment date, TENANT shall pay minimum rent equal to 150% of the minimum rent for the previous year and the minimum rent shall be adjusted retroactively to such five year adjustment date as set out hereinbelow when said appraisal process is completed. B. The total rent paid including both the minimum guaranteed annual rental and the percentage of gross sales for each year within the applicable five year period shall be averaged to produce the average annual total rent paid. • C. Commencing July 1, 2000 and each 5 year period thereafter the new minimum annual rent shall be set as follows. 1. The new minimum guaranteed annual rent due for the year commencing July 1, 2000 and all ensuing five year periods shall be the greater amount of seventy-five (75) percent of the average of the total yearly rent paid during the previous five year period (as set out in paragraph B. above) or eight (8) percent of the fair market value of said SITE (as established in paragraph A above). The new minimum guaranteed annual rent figure shall be divided by two to determine the semiannual payments and shall be paid by TENANT to CITY on the first of each July and January thereafter. The new minimum rent shall be adjusted each following year in proportion to any change in the Consumer Price Index as set out in Section 3.02 herein above until the next 5 year calculation of new minimum rent. For the purposes of the annual CPI adjustments as outlined in Section 3.02 a new base CPI shall be set by using the January index for the year previous to the 5 year calculation of new minimum rent Section 3.04 Percentage Rental A. In addition to the minimum guaranteed annual rental specified hereinabove TENANT agrees to pay to CITY at the time and in the manner hereinafter specified, as rent for the use and occupancy of the SITE an additional sum equal to ten (10) percent of gross income from slip rentals and five (5) percent of TENANT's gross sales as hereinafter defined from retail sales and all other sales or income from the SITE, less the amount of the minimum guaranteed annual rental paid pursuant to Section 3.01, 3.02, and 3.03 herein above. B. The term "gross sales," as used herein, shall (subject to the exception and authorized • deductions as hereinafter set forth), mean the total selling price and the total gross amount received by TENANT from all rentals, merchandise sold and services rendered in, on or from said SITE by TENANT, his subleasees, licensees, or concessionaires, both for cash and on credit including, but not limited to, rentals of dockage space, leasing and servicing operations and ticket sales, and if on credit whether or not payment be actually made therefore, all charges for services, alterations or repairs to customer's property made in or upon said SITE; the gross amount received by TENANT for merchandise sold pursuant to orders received in said SITE, though filled elsewhere; and the gross amount received by TENANT from any and all other sources of income derived from the business or businesses conducted upon said SITE. C. Notwithstanding the provisions of Section 3.04 A. of this agreement, the term "gross sales" shall not include the following items, and such items may be deducted from "gross sales" to the extent they have been included therein or have been included in a prior computation of "gross sales" or for which a percentage rental has been paid under this lease to CITY. (1) Credits and refunds made to customers for merchandise returned or exchanged; and (2) Any sales or excise taxes otherwise includable in "gross sales" as defined in this Article because a part of the total selling price of merchandise or services rendered in, from, or on said SITE where TENANT must account for and remit the taxes to the government entity or entities by which they are imposed. (3) Any discount fees paid by TENANT to a financial institution for the use of that institution's credit card service. • 5 (4) Sales on credit for which TENANT is unable to collect payment provided however • that this deduction may not exceed 2% of TENANT's total gross sales. D. TENANT shall keep or cause to be kept full, complete, and accurate records, and books of account in accordance with accepted accounting practices showing the total amount of gross sales, as defined herein, made each calendar month in, on or from said SITE. TENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Furthermore, TENANT shall at the time of sale and in the presence of the customer cause the full selling price of each piece of merchandise, each rental received and each service rendered in, on or from said SITE to be recorded in a cash register or cash registers that have cumulative totals and are sealed in accordance with standard commercial practices. Said records, books of account and cash register tapes, including any sales tax reports that TENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of CITY, CITY's auditor, or other authorized representative or agent of CITY. TENANT consents to the release of sales tax information to CITY and on demand will furnish to CITY a copy of the sales tax reports, quarterly reports and any audit reports of sales for confidential internal use of the CITY in determining gross sales for TENANT. TENANT consents and authorizes CITY to request such information directly from the State Board of Equalization or other state agency with which sales tax information is filed. E. By July 31, of each year TENANT shall furnish CITY with a statement, to be certified by TENANT as current, true and accurate, which shall set forth the gross sales (as defined herein) of • each department, sub -lessee, licensee and concession operating in, on or from said SITE for the previous twelve (12) calendar months, ending June 30, just concluded, and the authorized deductions, if any, therefrom; and with it TENANT shall pay to CITY the amount of the additional rental which is due to CITY as shown thereby. If TENANT shall at any time cause an audit of sales of TENANT's business to be made by a public accountant, TENANT shall furnish CITY with a copy of said audit without cost or expense to CITY. CITY may, once in any calendar year, cause an audit of the business of TENANT to be made by a public accountant of CITY's own selection. TENANT shall, upon receiving written notice of CITY's desires for such an audit deliver and make available all such books, records and cash register tapes to the public or certified public accountant selected by CITY. Furthermore, TENANT shall promptly on demand reimburse CITY for the full cost and expense of said audit, should the audit disclose that the questioned Statement or statements understated gross sales by five percent (5%) or more but less than ten percent (10%). TENANT shall also immediately pay the additional rental with interest, therein shown to be payable by TENANT to CITY. Otherwise the cost of such audit shall be paid by CITY. In the event that an audit or other review of records discloses that the amounts reported as gross sales was understated by TENANT by ten percent (10%) or more, CITY shall not only be entitled to recovery from TENANT all costs of audit and review but shall also be entitled to recovery from TENANT a penalty equal to two times the percentage of gross sales rent due pursuant to this agreement on such unreported amounts. F. CITY shall be entitled at any time within five years after the receipt of any such additional rental payment, to question the sufficiency of the amount thereof and/or the accuracy of the • statement or statements furnished by TENANT to justify the same. For the purpose of enabling CITY to check the accuracy of any such statement or statements, TENANT shall for said period of five (5) years after submission to CITY of any such statement keep all of TENANT's records, including sales tax returns, all cash register tapes and other data which in any way bear upon or 6 are required to establish in detail TENANT's gross sales of merchandise and services and any authorized deductions therefrom as shown by any such statements and shall upon request make the same available to CITY for examination. is Section 3.05 Penalty and Interest A. If any rent is not received within ten days following the date on which the rent first became due, TENANT shall pay a late penalty of ten percent (10%) of the amount of the rent in addition to the rent. B. In addition to the penalty, TENANT shall pay interest at the rate of one percent (1%) per month or fraction thereof or the maximum amount permitted by law as of the date this agreement is signed, whichever is greater, on the amount of the rent, exclusive of the penalty, from the date on which rent first became delinquent until paid. The term "rent" includes any sums advanced by the CITY and any unpaid amounts due from TENANT to the CITY. Article 4 USE OF SITE Section 4.01 Permitted Use The SITE shall, during the tern of this agreement, be used for the purpose of operating and conducting thereon and therein the following: retail sales, fast food or snack bar service, office provided such uses are in compliance with the City of Morro Bay's planning and zoning regulations, berthing of vessels of size appropriate to the SITE and for uses normally incident to and directly allied to such purposes and for no other purposes. Section 4.02 Unauthorized Use TENANT agrees to allow only those uses authorized in Section 4.01 above and that any unauthorized use thereof shall constitute a breach of this agreement and shall, at the option of • CITY terminate this lease. In the event the SITE is used for uses other than those specifically authorized, then in addition to all other remedies allowed by law or authorized elsewhere in this agreement, CITY shall be entitled to receive from TENANT and TENANT shall be required to pay to CITY an additional rent calculated as a percentage of the "gross sales" as defined herein, accountable to such unauthorized use, which is equal to twice what such percentage would have been had such use been authorized in advance. Said additional rent shall be retroactive to the commencement of such unauthorized use and shall continue until the unauthorized use is abated. The parties agree and understand that the collection and acceptance by CITY of this additional rent, shall not, in any way be deemed a waiver nor estoppel of CITY's right to require abatement of the unauthorized use or at CITY's option to pursue any other remedies available at law or equity. Section 4.03 Operation of Business - Hours of Operation Failure to actively and diligently conduct the business authorized herein, constitutes a breach of this agreement and shall, at the option of CITY terminate this lease. A. Commencing no later than October 1, 1995, and at all times thereafter, TENANT shall during the term of this lease conduct business of the nature specified in Section 4.01 of this agreement on the SITE in an efficient and diligent manner and keep said SITE open for the conduct of business continuously and without interruption for at least six hours each day of the year except one day each week and legal holidays. This provision shall not apply if said SITE shall be closed and the business of TENANT is temporarily shut down for a period not to exceed fourteen (14) calendar days in any calendar year to make minor or major repairs, maintenance or • other construction deemed necessary by TENANT. Further this provision shall not apply if said 7 SITE shall be closed and the business of TENANT is temporarily shut down as authorized or . required by the CITY or on account of strikes, walkouts, or causes beyond the control of TENANT or for not over three (3) days out of respect to the memory of an officer, employee, or close relative of any officer or employee of TENANT. E. TENANT shall operate TENANT's business on said SITE with due diligence and efficiency and in like manner as comparable businesses in CITY or coastal area are operated, so as to produce all of the gross sales and gross receipts from services which may be produced from TENANT's business; and TENANT at all times shall carry on said SITE, a stock or merchandise of such size, character, and quality as is reasonable, designed to produce the maximum return to TENANT, when sales of goods and merchandise are a permitted use of this agreement. Section 4.04 Competition During the tens of this lease, TENANT shall not directly nor indirectly engage in any similar or competing business within a radius of five (5) miles from the location of the SITE, provided, however, that TENANT may, with prior written approval from CITY, own or operate more than one business, whether or not competing and similar along the Embarcadero upon CITY lease sites. The purpose of this Section is to prevent and prohibit TENANT from reducing revenue to CITY by diverting business from his lease site operation to another similar business owned by TENANT within the CITY but not upon a CITY lease site from which CITY is paid rent based on gross sales. Section 4.05 Tidelands Trust TENANT shall use and occupy the SITE in complete compliance with the Tidelands Trust purposes under which said SITE or any portion thereof are held by CITY pursuant to the grants • from the State of California as set forth above. Section 4.06 Compliance with Law TENANT shall, at TENANT's sole cost and expense, comply with all of the requirements of all local, municipal, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to the SITE, and shall faithfully observe in the use of the SITE all local, municipal and county ordinances and state and federal statutes, rules and regulations now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the admission of TENANT in any action or proceeding involving TENANT, whether CITY be a party thereto or not, that TENANT has violated any such ordinance, statute, rule or regulation in the use of the SITE shall be conclusive of that fact as between CITY and TENANT. Section 4.07 Waste or Nuisance TENANT shall not commit or permit the commission by others of any waste on the SITE; TENANT shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined by law on said SITE; and TENANT shall not use or permit the use of said SITE for any unlawful purpose. Article 5 CONSTRUCTION, REPAIRS AND ALTERATION Section 5.01 Construction Approval TENANT shall not make or permit any other person to make any alterations or structural additions or structural modifications to said SITE or to any structure thereon or facility • appurtenant thereto if the cost thereof shall exceed ten thousand ($10,000) dollars, without the written consent of CITY first had and obtained as follows: 8 Prior to the commencement of any phase of future construction, TENANT shall submit to the Morro Bay Planning Department for approval and recommendation to the CITY Council, a development and improvement plan for the leased SITE which shall provide for the full and • complete development of the leased SITE, showing all facilities, structures, landscaping or other improvements to be constructed or installed on each portion of the lease SITE or facilities appurtenant thereto, and shall include a detailed estimate of the cost of construction, and installation of such improvements and a detailed schedule showing the proposed commencement and completion date of each phase of the development and improvement. Where required by the Morro Bay Municipal Code, California Coastal Act, Corps of Engineers or any other agency having authority over the proposed project, Conditional Use Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any other required plans or permits shall be applied for and/or approved prior to any construction, alteration or repairs. Section 5.02 Construction Bond Prior to the commencement of any construction the cost of which is greater than the amount of $10,000, TENANT shall file with the Morro Bay CITY Clerk a final detailed Civil Engineers, Registered Architect's or Licensed and Bonded General Contractor's estimate of the cost of construction and installation of improvements on the leased SITE. Said estimate must be submitted to the CITY Engineer for approval. TENANT shall file with the Morro Bay CITY Clerk a faithful performance bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to One Hundred percent (100%) of the final detailed cost estimate, securing the faithful performance of TENANT or his contractor in the completion of said construction. TENANT shall also file with the Morro Bay CITY Clerk a laborandmaterials bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to fifty percent (50%) of the final detailed cost estimate, securing the payment of all claims for the • performance of labor or services on, or the furnishing of materials for, the performance of said construction. In lieu of the above referenced bonds, TENANT may post cash deposits or may make other mutually satisfactory arrangements to guarantee the completion of construction projects. In the event the contractor bonds the project he may name CITY as additional indemnitee to comply with these requirements. Section 5.03 Mechanics' Liens At all times during the term of this lease, TENANT shall keep the SITE and all buildings and improvements now or hereafter located on said SITE free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to said SITE. TENANT further agrees to at all times, save and hold CITY free and harmless and indemnify it against all claims for labor or materials in connection with any improvement, repairs, or alterations on the leased SITE, and the cost of defending against such claims, including reasonable attorney's fees. Should TENANT fail to pay and discharge or cause said SITE to be released from such liens or claim of liens within ten (10) days after the filing of such lien or levy, TENANT shall upon written notification be required to immediately deposit with CITY a bond conditioned for payment in full of all claims on which said lien or levy has been filed. Such bond shall be acknowledged by TENANT as principal and by a company or corporation, licensed by the Insurance Commissioner of the State of California to transact the business of a fidelity and surety insurance company as surety. The beneficiary of any security instrument which instrument is on • record with CITY, shall have the right to file such a bond on behalf of TENANT. v3 Section 5.04 Ownershin of Imnrovements • All existing improvements and structures on the SITE shall, during the term of this lease, 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. At the termination of this lease, the structures and improvements on the SITE shall revert to the ownership of CITY subject to the following: A. At the expiration or sooner termination of this lease, CITY may, at CITY's election, demand the removal from the SITE, at TENANT's sole expense, of all improvements, structures, fixtures and/or furnishings, or of certain improvements, structures, fixtures and/or furnishings, by giving notice as specified in Section 13.02 of this lease. Upon termination of this lease for any reason, other than the natural expiration of the term of this lease, CITY may demand removal concurrently with notice to TENANT of such termination. Upon termination of this Lease, whether by expiration of the term or otherwise, all improvements or structures not required to be removed by TENANT as provided in this Section shall, without compensation to TENANT, then become CITY's property, free and clear of all claims to or against them by TENANT or any third party. If CITY exercises its right to require TENANT to remove structures and improvements from the SITE and TENANT fails to remove such improvements and structures and return the SITE to a cleared and cleaned condition within sixty (60) days after termination, then CITY shall have the right to have such structures and improvements removed at the expense of TENANT. B. TENANT shall defend and indemnify CITY against all liability and loss arising from any • such claims to said improvements or structures by TENANT or any third party, or from CITY's exercise of the rights conferred by this Section. Article 6 HYPOTHECATION OF LEASE CITY shall not be responsible for notifying any lien, encumbrance or security interest holder in the SITE of any default in the performance of the lease by TENANT unless the lien, encumbrance or security interest holder shall have previously been approved by CITY as required by Section I I hereof and has kept CITY notified of any changes in the terms of such lien, encumbrance or security interest including filing with the City Clerk a copy of same. Article 7 REPAIRS, MAINTENANCE AND RESTORATION Section 7.01 Maintenance by TENANT At all times during the term of this lease, TENANT shall, at TENANT'S own cost and expense, keep and maintain the SITE and all improvements now or hereafter on said SITE in good order and repair and in a safe and clean condition. Furthermore, TENANT shall, at TENANT'S own cost and expense, maintain at all times during the term of this lease the whole of said SITE as well as any improvements, landscaping, or facilities thereon in a clean, sanitary, neat, safe, tidy, orderly and attractive condition. CITY may, at the sole option of CITY, clean, repair or clear said SITE, at TENANT'S cost and expense, in the event TENANT fails to clean, repair or clear said SITE in accordance • with this Section to the satisfaction of CITY after fifteen (15) days written notice to TENANT from CITY of CITY's intent to exercise this option. to Section 7.02 Seawalls and Revetment At all times during the term of this lease, TENANT shall at TENANT'S own cost and expense repair, maintain, replace and rebuild as necessary, the improvements, pilings, bulkheads, • seawalls, revetment, piers, posts and any structures or other improvements located in the water portion of the SITE. Further, TENANT shall at TENANT'S own cost and expense conduct maintenance surveys at reasonable intervals to locate and determine needed repairs. Section 7.03 Requirements of Governmental Agencies At all times during the term of this lease, TENANT, at TENANT'S own cost and expense, shall: (1) Make all alterations, additions, or repairs to the SITE or the improvements or facilities on said SITE required by any valid law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, CITY or other governmental agency or entity; (2) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or hereafter made or issued respecting said SITE or the improvements or facilities located thereon; (3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law prior to the instigation of any repair or maintenance activity. (4) Indemnify and hold CITY and the property of CITY, including said SITE, free and harmless from any and all liability, loss, damages, fines, penalties, claims and actions resulting from TENANT'S failure to comply with and perform the requirements of this Section. Section 7.04 Failure to Repair In the event failure to repair results in a hazardous or unsafe condition, CITY shall have the right and option but not the obligation to close and prohibit access to the unsafe portion of the • leased SITE until such repairs are completed and accomplished and the SITE rendered safe for public use. Failure by CITY to enforce any of the provisions of this Article shall not constitute a waiver of these provisions and CITY may at any time enforce all of the provisions of this Article, requiring all necessary repairs, rebuilding or replacement. Section 7.05 TENANT'S Duty to Restore SITE Should, at any time during the term of this lease, any buildings or improvements now or hereafter on said SITE be destroyed in whole or in part by fire, theft, the elements, or any other cause not the sole fault of CITY, this lease shall continue in full force and effect and TENANT, at TENANT'S own cost and expense, shall repair and restore the damaged or destroyed building, buildings, improvement, or improvements according to the original plan thereof or according to such modified plans therefore as shall be approved in writing by CITY. The work of repair and restoration shall be commenced by TENANT within one hundred eighty (180) days after the damage or destruction occurs and shall be completed with due diligence not longer than one (1) year after the work is commenced. In all other respects, the work of repair and restoration shall be done in accordance with the requirements for construction work on said SITE set forth in Article 5 of this Lease. Section 7.06 Inspection by CITY TENANT shall permit CITY or CITY's agents, representatives, or employees to enter the SITE at all reasonable times for the purpose of inspecting said SITE to determine whether TENANT is complying with the terms of this agreement and for the purpose of doing other lawful • acts that may be necessary to protect CITY's interest in said SITE under this agreement or to perform CITY's duties under this lease. Section 7.07 Option to Terminate Lease for Destruction Notwithstanding the provision of Section 7.05 of this lease, TENANT shall have the option of terminating this lease for destruction on the last calendar day of any month by giving CITY at least thirty (30) days prior written notice of TENANT'S intent to do so and by removing, at TENANT'S own cost and expense, to the satisfaction of CITY, all debris and remains of the damaged improvements from the SITE where: (1) Any buildings or improvements now or hereafter on said SITE are so damaged or destroyed by fire, theft, the elements, or any cause not the fault of TENANT or CITY during the last ten (10) years of the tern of this lease that they cannot be repaired and restored as required by Section 7.05 of this agreement at a cost not exceeding thirty-five (35) percent of the cost of replacing all buildings and improvements if totally destroyed then, immediately preceding the calamity damaging or destroying the damaged buildings or improvements, located on said SITE. (2) Any buildings or improvements now or hereafter on said SITE are so damaged or destroyed by fire, theft, the elements, or any cause not the fault to TENANT or CITY during the last five (5) years of the term of this lease that they cannot be repaired and restored as required by Section 7.05 of this lease at a cost not exceeding fifteen (15) percent of the cost of replacing all buildings and improvements if totally destroyed then, immediately preceding the calamity damaging or destroying the damaged or destroyed buildings or improvements, located on said SITE. Section 7.08 ADDlication of Insurance Proceeds • Any and all fire or other insurance proceeds that become payable at any time during the term of this lease because of damage to or destruction of any buildings or improvements on the SITE shall be paid to TENANT and applied by TENANT toward the cost of repairing and restoring the damaged or destroyed buildings or improvements in the manner required by Section 7.05 of this lease; provided, however, that should TENANT exercise the option given TENANT by Section 7.07 of this lease to terminate this lease because of damage to or destruction of buildings or improvements on said SITE, then, in that event, any and all fire or other insurance proceeds that become payable because of such damage or destruction: (1) Shall be applied first to the TENANT's exact documented costs for clearing the damaged or destroyed improvements to the satisfaction of CITY. (2) Shall be applied next toward the reduction of the unpaid principal balance of the obligation secured and discharging said SITE from any then outstanding encumbrance or encumbrances incurred by TENANT and approved by CITY pursuant to Article 6 and Article I I of this agreement; and (3) Then the balance of the proceeds, if any, shall be paid to CITY to compensate CITY, at least in part, for the loss to its ownership interest in the damaged or destroyed buildings or improvements. Article 8 INDEMNITY AND INSURANCE Section 8.01 Indemnity Agreement TENANT shall indemnify and hold CITY and the property of CITY, 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 IVA (1) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENANT or by any person who is an employee or agent of • TENANT, from any cause whatever while such person or property is in or on said SITE or in any way connected with said SITE or with any of the improvements or personal property on said SITE; (2) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENANT or any person who is an employee or agent of TENANT, caused or allegedly caused by either (a) the condition of said SITE or some building or improvement on said SITE, or (b) 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; (3) 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. (4) TENANT'S failure to perform any provision of this agreement 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. Section 8.02 Liability Insurance TENANT shall at TENANT'S own cost and expense, secure promptly after the execution of this agreement and maintain during the entire term of this lease a broad form comprehensive coverage policy or policies of comprehensive general public liability, TENANT'S business automobile coverage and property damage insurance, each with the combined single limit of not less than $1,000,000.00 issued by an insurance company acceptable to CITY and authorized to issue liability insurance in California, and which shall list CITY as the named primary additional • insured, without offset to CITY's policies as respects all operations of TENANT. Any deductibles or self -insured retentions must be declared to and approved by CITY. The terms of said policies may be for such period as shall be designated by TENANT; provided however, that within two (2) months prior to the expiration date of such insurance terms, TENANT shall procure other policies of said insurance so that between the execution of this agreement and the commencement of the lease term, and throughout the entire lease term or any renewal thereof, or until the sooner termination hereof, CITY, its officials, employees, agents and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance, in accordance with the foregoing. CITY may at any time require TENANT to increase the minimum coverage limits for insurance required by this agreement, but every such increase shall be reasonable under the circumstances and in no event shall such increases more than double in any ten year period, except as required in Section 8.04. Section 8.03 Worker's Compensation TENANT shall maintain at TENANT'S own expense and keep in full force and effect during the term of this lease, Worker's Compensation Insurance as provided by law. Said insurance shall contain a waiver provision of subrogation rights against CITY. Section 8.04 Fire and Casualty Insurance TENANT shall, at TENANT'S own cost and expense, at all times during the term of this • lease keep all buildings, improvements, and other structures on the SITE, as well as any and all additions thereto, insured for at least ninety (90) percent of their full insurable value by insurance 13 companies authorized to issue such insurance in California against loss or destruction by fire and • the perils commonly covered under the standard and special form endorsement to fire insurance policies in the CITY. Any loss payable under such insurance shall be payable to TENANT, CITY, and any lender under an encumbrance incurred by TENANT and approved by CITY pursuant to Article 6 as their interests may appear. Any proceeds received because of a loss covered by such insurance shall be used and applied in the manner required by Section 7.08 of this lease. Section 8.05 Specific Perils to be Insured Notwithstanding anything to the contrary contained in Section 8.04 of this agreement, the insurance required by Section 8.04 shall, whether or not included in the standard extended coverage endorsement mentioned in Section 8.04, insure all buildings, improvements, and other structures on said SITE, as well as any and all additions thereto, against loss or destruction by water damage, windstorm, cyclone, tornado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief, vandalism, aircraft, fire, smoke damage, and sprinkler leakage. Furthermore, the insurance required by Section 8.04 of this lease during the construction of said building project described in Article 6 shall have course of construction, vandalism, and malicious mischief clauses attached insuring said project during its construction and all materials delivered to the site of said building project for their full insurable value. Section 8.06 Deposit of Insurance with CITY TENANT shall within ten (10) days after the execution of this agreement and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to CITY a true and correct copy of an insurance binder and within 45 days deliver to CITY a true and correct copy of • endorsement to each insurance policy required by this Article 8 and a certificate executed by the insurance company or companies or their authorized agent evidencing such policy or policies. Section 8.07 Notice of Cancellation of Insurance Each insurance policy required by this Article 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 CITY in the manner required by this agreement for service of notices on CITY by TENANT. Section 8.08 No Subrogation Each insurance policy required under this lease including those insuring TENANT against claims, expense, or liability for injury to persons or property shall provide that the insurer shall not acquire by subrogation any right to recovery which TENANT has expressly waived in writing prior to the occurrence of the loss. TENANT hereby waives any right of recovery against CITY for each such claim, expense, liability, or business interruption. TENANT agrees that if TENANT fails to acquire such insurance TENANT shall not have a claim against CITY for loss of fixtures or inventory or business interruption. Article 9 TAXES AND UTILITIES Section 9.01 TENANT to Pay Taxes TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed • to TENANT on the SITE by reason of this lease or of any equipment, appliances, improvement, or other development of any nature whatsoever, erected, installed, or maintained by TENANT or by reason of the business or other activity of TENANT upon or in connection with said SITE. TENANT shall also pay before delinquency all possessory interest taxes applicable to the SITE. 14 Section 9.02 TENANT to Pay License and Permit Fees TENANT shall pay any fees imposed by law for licenses or permits for any business or activities including construction of TENANT upon the SITE. • Section 9.03 Utilities TENANT shall pay, or cause to be paid, and hold CITY and the property of CITY including the SITE free and harmless from all charges for the furnishing of gas, water, electricity, telephone service, and for other public utilities to said SITE during the term of this lease and for the removal of garbage and rubbish from said SITE during the term of this lease. Article 10 CONDEMNATION Section 10.01 Total Condemnation If title and possession to all of the SITE is taken for any public or quasi -public use under any statute, or by the right of eminent domain, then this lease shall terminate on the date that actual physical possession of the SITE is taken from TENANT, and both CITY and TENANT shall thereafter be released from all obligations including rent which shall be prorated to the date of termination, except those specified in Section 10.02 of this agreement. Section 10.02 Condemnation Award ti Any compensation or damages awarded or payable because of the taking of all or any portion of the SITE by eminent domain shall be allocated between CITY and TENANT as follows: A. All compensation or damages awarded or payable for the taking by eminent domain of any land that is part of the said SITE shall be paid to and be the sole property of CITY free and clear • of any claim of TENANT or any person claiming rights to said SITE through or under TENANT. B. All compensation or damages awarded or payable which is specifically attributed by the taking party to the "good will" of TENANT'S business shall be paid to and be the sole property of TENANT. C. All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said SITE taken by eminent domain where only a portion of said SITE is taken by eminent domain and TENANT is not entitled to or does not terminate this lease shall be applied in the manner specified in Section 10.04 toward the replacement of such improvements with equivalent new improvements on the remaining portions of said SITE. D. All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said SITE taken by eminent domain where this lease is terminated because of the taking by eminent domain, whether all or only a portion of said SITE is taken by eminent domain, shall be allocated between CITY and TENANT as follows: 1. That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of the taking, not expired shall belong to and be the sole property of TENANT. 2. That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of • the taking, expired shall belong to and be the sole property of CITY. 15 3. The term "time of the taking' as used in this subparagraph shall mean 12:01 a.m. • on the date title, or the date actual physical possession of the portion of said SITE on which the improvements are located is taken by the agency or entity exercising the eminent domain power, whichever shall first occur. E. Any severance damages awarded or payable because only a portion of said SITE is taken by eminent domain shall be: 1. The sole and separate property of TENANT during the first five (5) years of the term of this lease; 2. Equally divided, except to the extent needed to replace any improvements taken by eminent domain with equivalent improvements on the remaining portion of said SITE where TENANT cannot or does not terminate this lease, between CITY and TENANT during the sixth (6th) to nineteenth (19th) years of the term of this lease; and 3. The sole and separate property of CITY during the last five (5) years of the term of this lease. Section 10.03 Termination for Partial Takina Should, during the term of this lease, title and possession of only a portion of the SITE be taken for any public or quasi -public use under any statute, or by right of eminent domain, TENANT may, at TENANT'S option, terminate this lease by serving written notice of termination on CITY within ninety (90) days after TENANT has been deprived of actual physical possession of the portion of said SITE taken for such public use. This lease shall terminate on the first day of the calendar month following the calendar month in which the notice of termination • described in this Section is served on CITY. On termination of this lease pursuant to this Article, all sub -leases and sub -tenancies in or on said SITE or any portion of said SITE created by TENANT under this lease shall also terminate and said SITE shall be delivered to CITY free and clear of all such sub -leases and sub -tenancies, provided, however, that CITY may, at CITY's option, by mailing written notice to a sub -tenant allow any sub -tenant to attom to CITY and continue his or her occupancy on said SITE as a TENANT of CITY. On termination of this lease pursuant to this Section, however, both CITY and TENANT shall be released from all obligations, except those specified in Section 10.02 of this lease, agreement. Section I0.04 Rent Abatement for Partial Taking Should, during the term of this lease, title and possession of only a portion of said SITE be taken under the power of eminent domain by any public or quasi -public agency or entity and TENANT does not terminate this lease, then this lease shall terminate as to the portion of said SITE taken under eminent domain on the date actual physical possession of the portion taken by eminent domain is taken by the agency or entity exercising the eminent domain power. Furthermore, the rent payable under this agreement shall, as of that time, be reduced in the same proportion that the value of the portion of said SITE taken by eminent domain bears to the full value of said SITE at that time; provided, however, that TENANT shall replace any improvements or facilities with equivalent new facilities on the remaining portion of said SITE and do all other acts at TENANT'S own cost and expense required by the eminent domain taking to make the remaining portion of said SITE fit for the use specified in this agreement. Section 10.05 Conveyance in Lieu of Eminent Domain • A voluntary conveyance by CITY, with the consent of TENANT, of title to all or a portion of said SITE to a public or quasi -public agency or entity in lieu of and under threat by such agency or entity to take the SITE or a portion thereof by eminent domain proceedings shall 16 be considered a taking of title to all or such portion of said SITE under the power of eminent domain subject to the provisions of this Article. • Article 11 ASSIGNMENT AND SUBLEASING Section 11.01 No Assignment Without CITY's Consent Except as provided in Section 11.02 of this agreement, TENANT shall not assign, mortgage, pledge, encumber or otherwise transfer this lease, any right or interest in this lease, or any right or interest in the SITE or any of the improvements that may now or hereafter be constructed or installed on said SITE without the express written consent of CITY evidenced by resolution of City Council first had and obtained. Any assignment or transfer by TENANT without the prior written consent of CITY, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this lease. A consent by CITY to one assignment or transfer shall not be deemed to be a consent to any subsequent assignment or transfer of this lease by TENANT. CITY shall not unreasonably nor arbitrarily withhold approval to the assignment or transfer of this lease to an assignee or transferee who is financially reliable and qualified to conduct one or more of the permitted used for which this lease was granted. It is mutually agreed that the personal qualifications of the persons named herein as TENANT is a part of the consideration for granting of this lease and TENANT does hereby agree ti to maintain active control and supervision of the use or uses conducted on said SITE. Section 11.02 Transfer of Stock as Assignment Should TENANT be a corporation, an unincorporated association, or a partnership, or should TENANT'S interest in this lease be assigned to a corporation, an unincorporated association, or a partnership, pursuant to Section 11.01 of this agreement, any transfer or • assignment of any stock or interest in the corporation, unincorporated association or partnership, totaling in the aggregate more than forty (40) percent of all such stock or interest in the corporation, unincorporated association or partnership, shall be considered an assignment or transfer of this lease requiring the prior written consent to CITY; provided, however, that an assignment or transfer from TENANT to a corporation of which TENANT owns 100% of the shares and any assignment or transfer of shares to a shareholder's spouse, children, or grandchildren caused by the shareholder's death shall be excepted from this provision. provided that TENANT give CITY detailed notice of said excepted transfers including a complete list of the new ownership of the leasehold interest. Section 11.03 Application for Assignment A condition of an assignment or transfer shall be that TENANT shall file with the CITY an application to assign or transfer the lease prepared by the prospective assignee or transferee. Concurrently with filing the application, TENANT shall pay a fee, to be determined by CITY, in cash or certified or cashier's check to enable CITY adequately to investigate the proposed assignee or transferee's qualifications as a permitted assignee or transferee. CITY shall not be required to account for the use of the sum paid. If the proposed assignee or transferee's net worth on the date of assignment is not sufficient to reasonably guarantee successful operation of the leased SITE, CITY may require TENANT to guarantee such assignee's obligations hereunder for such period as CITY determines. Net worth shall mean the amount by which the total of all assets shall exceed the total of all liabilities as determined in accordance with general accepted accounting principles as approved by CITY's auditor, or other authorized representative or agent. • n Section 11.04 Probate Transfer or Assignment • Nothing herein contained will prevent the transfer of this lease by will, or by operation of law under the intestacy provisions of the California Code as it may from time to time be amended. Probate sale of the leasehold interest will not be permitted without the consent of the CITY, evidenced by resolution of City Council , first had and obtained. Section 11.05 No Sub -lease Without CITY's Consent TENANT shall not sub -lease the whole nor any part of the lease SITE, or suffer any other person (the agents and employees of TENANT excepted) to occupy or use the leased SITE, or any portion thereof, without the written consent of CITY evidenced by prior written approval of the Harbor Director first had and obtained. A consent to one subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent subletting, occupation, or use by another person. Any such subletting without CITY's written consent shall be void, and shall at CITY's option, terminate this lease. City shall not unreasonably nor arbitrarily withhold consent to one who is qualified and financially reliable. Section 11.06 Term of Sub -lease In no event shall the term of any sub -lease extend beyond the term of this master lease. Termination of this lease prior to the expiration of this lease term shall also terminate any and all sub -leases, provided, however, that CITY may, at CITY's option by mailing written notice to a sub -tenant, allow any sub -tenant to attom to CITY and continue his or her occupancy on said SITE as a TENANT of CITY. Section 11.07 Sub -Tenant Subiect to Lease Terms • Any and all sub -leases shall be expressly made subject to all the provisions, covenants, and conditions of this agreement. A breach of the terms of this agreement by a sub -tenant shall constitute a breach on the part of TENANT and shall subject both the sub -tenant and TENANT to all the remedies provided to CITY herein and by law. Failure to report and pay the agreed percentage of gross sales as provided herein by any sub -tenant shall constitute a breach of this agreement. TENANT hereby agrees to and does guarantee payment of such percentage rentals due by a sub -tenant under the terms of this agreement. Section 11.08 Consent Form Agreement Prior to any consent by CITY to any sub -lease hereof, TENANT shall cause to be executed between TENANT and any sub -lessee an agreement making the CITY a third party beneficiary, in a form acceptable to CITY, whereby the sub -tenant agrees to be bound by all of the provisions, covenants and conditions of this agreement. Further, it is agreed by TENANT that agreement any default by the sub -lessee of any of the terms, covenants and conditions of the master lease shall be deemed to be violations by TENANT of the master lease and that all remedies of CITY for such violation, including termination of the master lease, shall immediately be enforceable by CITY against TENANT. Further, it is agreed that TENANT must apply any and all moneys received from any sub -tenant first to the payment of obligations of the sub -tenant to CITY. Section 11.09 TENANT Remains Liable Prior to approval by CITY to any sub -lease hereof, TENANT shall agree to be primarily and jointly and severally liable to CITY for all obligations due CITY by any sub -tenant, including • the payment of rents, and TENANT shall agree that CITY may proceed directly against TENANT for any obligation owing CITY by the sub -tenant. 18 Section 11.10 Exception for Boatslips, Motels Notwithstanding any provisions herein to the contrary, the terms "assignment," "subletting," "occupation," or "use," shall not be construed or interpreted to mean or include the temporary, short term renting or leasing of boat slips, motel, hotel, or apartment accommodations • on the SITE. Article 12 DEFAULT AND TERMINATION Section 12.01 Abandonment by TENANT Should TENANT breach this agreement and abandon said SITE prior to the natural expiration of the term of this lease, CITY may continue this lease in effect by not terminating TENANT'S right to possession of said SITE, in which event CITY shall be entitled to enforce all CITY's rights and remedies under this agreement including the right to recover the rent specified in this agreement as it becomes due under this agreement. Section 12.02 Termination for Breach by TENANT in All Cases Except Failure to Pay Rent All provisions, covenants and conditions contained in this agreement are declared to be conditions of this agreement and to the term hereby demise to TENANT. Should TENANT default in the performance of any covenant, condition, or provision contained in this agreement and the default not be cured within thirty (30) days after written notice of the default is served on TENANT by CITY, then CITY may terminate this lease immediately, and that in the event of "4 such termination, TENANT shall thereupon forthwith remove from said SITE and shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the SITE subject to appropriate legal process. Section 12.03 Termination for Failure to Pay Rent If any default be made in the payment of rental as herein provided and such default shall • not be cured within three (3) days after written notice thereof, CITY shall have the option to immediately terminate this lease; and that in the event of such termination, TENANT shall have no further right or claim thereto and TENANT shall thereupon forthwith remove from said SITE and CITY shall immediately thereupon have the right to re-enter and take possession of the SITE subject to appropriate legal process. Section 12.04 Beneficiary May Cure Default CITY shall afford the beneficiary of any security instrument in the SITE the right to cure any default by TENANT of the covenants, conditions, or agreements hereof, within the period hereinabove mentioned after written notice thereof, which said period shall be computed from the date said notice is mailed by the CITY to said beneficiary, by certified mail; provided, however, that said beneficiary has filed with the City Clerk a copy of said security instrument.. Section 12.05 Attorney Fees for Breach not Resulting in Court Action In the event the CITY finds it necessary to retain an attorney in connection with the default by the TENANT or enforcement of any of the provisions, conditions, and covenants of this agreement, even though not resulting in an action in court, TENANT shall pay reasonable attorney's fees as reimbursement to CITY. Non-payment of attorneys' fees by TENANT within (3) days of written notice shall give rise to an independent legal action by CITY to collect same. If CITY is successful in such legal action CITY shall also be entitled to attorney fees and costs for the collection action. • 19 Section I2.06 Damages for Breach • Should TENANT default in the performance of any covenant, condition or provision contained in this agreement and the default be incurable or not be cured within the time period set forth hereinabove, then CITY may terminate this lease and: A. Bring an action to recover from TENANT: (1) The worth at the time of award of the unpaid rent which had been earned at the time of termination of the lease; (2) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the lease until the time of award exceeds the amount of rental loss that TENANT proves could have been reasonably avoided; (3) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that TENANT proves could be reasonably avoided; and (4) Any other amount necessary to compensate CITY for all detriment proximately caused by TENANT'S failure to perform his obligations under this lease; and B. Bring an action, in addition to or in lieu of the action described in subparagraph (I) of this section, to re-enter and regain possession of said SITE in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 12.07 Cumulative Remedies The remedies given to CITY in the Article shall not be exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this agreement. is The 12.08 Waiver of Breach The waiver by CITY of any breach by TENANT of any of the provisions of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by TENANT either of the same or a different provision of this agreement. Section 12.09 Surrender of SITE On expiration or sooner termination of this lease, TENANT shall surrender said SITE, all improvements in or on said SITE, and all facilities in any way appertaining to said SITE, to CITY in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. Article 13 MISCELLANEOUS Section I3.01 Attorney's Fees Should any litigation be commenced between the parties to this lease concerning the SITE, this lease, this agreement, or the rights and duties of either in relation thereto, the party, CITY or TENANT, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for attorney's fees in such litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose. Section 13.02 Notices Any and all notice or demands by or from CITY to TENANT, or TENANT to CITY, • shall be in writing. They shall be served either personally, or by registered or certified mail. Any notice or demand to CITY may be given to the CITY Clerk of the CITY of Morro Bay, City Hall, Morro Bay, California. Any notice or demand to TENANT may be given at: 20 Bruce & Kathy Lewis 372 Equestrian Way Arroyo Grande CA 93420 • Such addresses may be changed by written notice by either party to the other party. Section 13.03 Governing Law This lease, and all matters relating to this agreement, shall be governed by the laws of the State of California in force at the time any need for interpretation of this agreement or any decision or holding concerning this lease arises. Section 13.04 Binding on Heirs and Successors Subject to the provisions herein relating to assignment and subletting each and all of the provisions, conditions, and covenants herein contained shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and permitted assigns of any and all of the parties hereto, and all of the parties hereto shall be jointly and severally liable hereunder. Section 13.05 Partial invalidity Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding. Section 13.06 Sole and Only Agreement This instrument constitutes the sole and only agreement between CITY and TENANT respecting said SITE, the leasing of the SITE to TENANT, or the provisions, conditions and covenants herein specified, and correctly sets forth the obligation of CITY and TENANT to each other as of its date. Any agreements or representations respecting said SITE, this lease to is by CITY, or any other matter discussed in this agreement not expressly set forth in this instrument are null and void. No modification, amendment, or alteration of this agreement shall be valid unless it is in writing and signed by both parties. Section 13.07 Modification This agreement shall not be modified except pursuant to a written agreement executed by the MAYOR and CITY CLERK pursuant to prior CITY Council approval. Notwithstanding CITY Council approval, no agreement shall become effective until such agreement is in fact executed by the MAYOR and CITY CLERK. TENANT understands that this agreement may not be modified by oral statements by any person representing the CITY including the MAYOR and CITY CLERK. TENANT specifically agrees not to rely on oral statements, purported oral waivers, or purposed oral modifications and agrees not to rely upon purported written modifications unless they meet the requirements of this paragraph and are approved in writing pursuant to formal City Council action and a subsequent written modification signed by the MAYOR and CITY CLERK. Section 13.08 Time of Essence Time is expressly declared to be the essence of this lease. Section 13.09 Memorandum of Lease for Recording Neither party, CITY or TENANT, shall record this agreement without the written consent of the other. However, CITY and TENANT shall, at the request of either at any time during the term of this lease, execute a memorandum or "short form" of this agreement for purposes of, and • in a form suitable for, being recorded. The memorandum or "short form" of this agreement shall 21 describe the parties, CITY and TENANT, set forth a description of the SITE, specify the term of • this lease, and shall incorporate this agreement by reference. Section 13.10 Termination for Nuclear Disaster This lease may be terminated by TENANT by ten day written notice in the event of a nuclear explosion or leak of substantial nature of the Diablo Nuclear Power Plant or the declaration of war by the United States of America. EXECUTED on July 25 1 1995, at Morro San Luis Obispo Countv. California. CITY OF MORRO BAY ATTEST: • BRMGET AUER, CITY CLERK Approved as to Form (5( CITY ATTORNEY TENANT BRUCE LEWIS i KATHY 64AS q 'd ;j: f EXHIVIT A, -z—c' OD p A'lc i. SITE L.S. 62-62W and 15 t wester]. extensi n EXHIBIT A t 941 '9' 2 LN .ez' IZ O cf) • RESOLUTION NO. 91-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA SUPPORTING THE "WEATHER 3" PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the current most popular source of local weather information used by the commercial and recreational fishing industries is NOAA weather radio; and WHEREAS, the most important component of the NOAA weather radio is the updated wind speed and direction information from various reporting locations and data sources; and WHEREAS, fishermen cross-reference and compare between location data reported in the broadcasts in order to judge the direction and rate of progress of weather changes; and WHEREAS, initially NOAA weather radio was set up to broadcast marine and offshore weather conditions. However, due to budget constraints and diminished • operating resources, have forced radio broadcasts to address needs of a wider audience; and WHEREAS, NOAA weather radio broadcasts now include reports on inland weather conditions, which dominate the message content; and WHEREAS, fishermen must wait through a lengthy report, up to 15 minutes, to hear the desired marine elements; and WHEREAS, the National Weather Service may be decommissioning several of these vital offshore weather buoys off the coast of California that have proved indispensable to mariners in the past; and WHEREAS, the Santa Barbara County Fisheries Enhancement Fund program administrators and the National Weather Service are pursuing an alternative dedicated "Weather 3" radio broadcast; and WHEREAS, "Weather 3" will provide wind speed and direction data from island - based reporting stations around the Channel Islands; and WHEREAS, "Weather 3" could include offshore conditions received from fishing vessels via cellular phone; and • WHEREAS, the fishing community supports an additional weather radio broadcast frequency. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby support the "Weather 3" project. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 24th day of July, 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None I IMPLY. WE, WJOWTWW-F.A� M-I�� is E . RESOLUTION NO. 90-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING THE RECREATION COST RECOVERY CATEGORIES FOR THE FISCAL YEAR 1995-96 THE CITY COUNCIL City of Morro Bay WHEREAS, the City Council has reviewed the existing pricing and fee setting policies for the City, first established in 1992; and, WHEREAS, the Recreation and Parks Commission in conjunction with staff has reviewed the recreation services pricing policy and service cost recovery levels; and, WHEREAS, the City Council has reviewed the recommendation in relation to the City's Fiscal Year 1995-96 Adopted Budget. NOW, THEREFORE, BE IT RESOLVED, the Recreation Services Cost Recovery categories for the Fiscal Year 1995-96 Budget as attached hereto and marked Exhibit "A" are approved. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 24th day of July, 1995 by the following roll call vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ATTEST: BRIDGETT AUER CITY CLEAR u:\word\council\res90-95.DOC • • EXHIBIT 91AII RECREATION AND PARKS CITY OF MORRO BAY 1995-96 F.Y. COST RECOVERY CATEGORIES FOR RECREATION SERVICES ACTIVITY CATEGORY Youth Sports League Merit Service Adult Sports League Merit Service Contract Instruction Private Service Swim Lessons Private Service Informal Aquatics Enhanced Service Informal Sports (Open Gym) Merit Service Kid's Club (Summer and Afterschool) Merit Service • Kids Club (School Breaks and Holidays) Private Service Excursions - Trips Private Service Clubs Enhanced Service Triathlon (Adult and Youth) Private Service Co -Sponsored Events/Special Events Basic Service Running Events Private Service Softball Tournament Private Service Recreational Swim Enhanced Service Sports Camps (Summer) Enterprise Service Approved: Resolution No. 0 u/w/council/cstrcvey RECREATION SERVICES FEE PRICING POLICY • PAGE 1 RECREATION AND PARRS DEP CITY OF MORRO BAY RECREATION SERVICES FEE PRICING POLICY PURPOSE OF FEES Fee and charges for recreation services are charged for four (4) primary reasons. First, the need to provide services without increasing taxes is self-evident and generally supported City-wide. Second, the charging of fees promotes equity in that those who benefit from a recreation service pay for the service and users from outside the community pay more for the same services. Third, the charging of fees increases accountability so precious government financial resources are not squandered by a few members of the public. Fourth and finally, the charging of fees generally provides for a positive attitude on the part of users due to enhanced respect and esteem for the usefulness of the service. REVENUE OBJECTIVE In establishing the recreation services pricing policy the City recognizes the need to continue producing revenue from recreation services that meet the traditionally attainable goal of 75% cost • recovery from all recreation budget units for General Fund reimbursement. The City, in adopting this policy, establishes an overall 75% cost recovery rate to the General Fund for recreation budget units. FEE/PRICING DEFINITIONS For the purposes of establishing a method to determine fees and establishing prices for recreation services, definitions of the components of the price -setting formula are required. Direct Expense - Those expenses which can be attributed directly to the provision of a specific recreation program including but not limited to the cost of labor (with benefits) services, utilities, training, rentals and supplies. Direct expenses include promotional expenses, receipt processing, staffing and other costs associated with offering the activity. Indirect Expense - Those expenses identified as part of the costs attributed to the provision of, or in support of a group of recreation services which vary with the number of participants. Costs are primarily labor (benefits) for supervision and observation in conducting activities. Examples of these expenses include promotional design, information and referral, supervision and other expenses of this type. 0 • RECREATION SERVICES FEE PRICING POLICY PAGE 2 Overhead Expenses - Those expenses necessary in the provision of recreation services which do not vary with the number of participants and are of such a nature that the amount cannot be determined readily for each recreation services or group of services including, but not limited to office utilities, management costs, office supplies, etc. These cost expenses include such items as payroll, personnel, administrative and legal services of the City. DETERMINING COST OF SERVICES The process for determining costs of services shall require the calculation of direct expenses and indirect expenses based on the previous definitions. Direct Expenses - Shall be clearly identified and listed as such when the cost of these services is calculated. Hourly rate of employees shall include all fringe benefits as established by the City's Finance Department. However, overhead charges shall not be included in hourly rates used for employees. Indirect Expenses - Shall be established by completion of a time allocation study by Recreation and Parks personnel every • year. The results of the time allocation study will be used to calculate cost allocations based on the hourly rate with fringe benefits of employees as established by the Finance Department. Time allocations shall allocate only time spent by employees in servicing recreation activity participants or necessary to the provision of the activity. Overhead Expenses - Shall not be calculated as part of the cost of a recreation service for the cost recovery categories of Private Services, Merit Services, Enhanced Services and Basic Services. Overhead and capital costs may be recovered from Enterprise Services. COST RECOVERY/SUBSIDIZATION RATE The City shall annually review the City's recreation offerings and determine which of the following general cost recovery rate categories each group of programs falls under. The City Council shall make this determination after consultation with, and recommendation by the Recreation and Parks Commission. Enterprise Services - High demand service where fees are easily charged for highly -individualized and specialized services. Capital and overhead costs may also be recovered in this cost recovery category. Cost Recovery Rate: 100%+. 0 • RECREATION SERVICES FEE PRICING POLICY PAGE 3 Private Services - These services largely benefit individual adults and children and those who do not participate derive no direct benefit. A sense of accomplishment and recognition are provided. Cost Recovery Rate: 80-100% Merit Services - Generally programs that are educational promote personal development and/or health of area youth and adult teams. Wide -spread participation or a desire to participate exists. Cost Recovery Rate: 70-79% Enhanced Services - Programs that provide a sense of belonging to the community, benefit the community as a whole and typically serve special groups such as seniors, disabled, youth -at -risk, low-income. Cost Recovery Rate: 35-50% Basic Services - Determined as an essential service to the community and difficult to establish individual costs, these services increase the attractiveness of the City as a place to live or bring the community together for an event or activity to establish a sense of community. These programs may also serve as the basis for tourism promotion. Cost Recovery Rate: 0-10% FEE ESTABLISHMENT • Upon adoption of the City's annual budget, each activity shall be grouped into a cost recovery rate category. City staff then determines the actual cost for the activity/service. The cost recovery rate for the activity and the exact fee will be determined after completion of an area fee review. The area fee review requires staff to make a survey of fees charged by other non-profit and profit -making agencies in the area for review and comparison with City activity costs. Upon completing the area fee review City staff shall establish fees for each activity that best meet the market conditions for this service within the cost recovery rate percentage range approved by City Council. u/w/council/feepolcy C � J ' RESOLUTION NO. 89-95 APPROVAL OF FUNDING FOR EXTERIOR DESIGN SCHEME OF 2 NEW DIAL -A -RIDE VEHICLES THECITYCOUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay purchased two (2) new Dial -A -Ride vehicles that were delivered at the beginning of August; and WHEREAS, the cost for each vehicle including tax, delivery and paint is $55,514.56; and WHEREAS, the City of Morro Bay has a Caltrans grant in the amount of $44,000 and a Local Match in the amount of $11,000 for each vehicle; and WHEREAS, the $514.56 not covered by the Caltrans grant and Local Match should be taken from the Morro Bay Dial -A -Ride Advertising account because the exterior design scheme incorporates recommendations from the Marketing Plan performed by Stephen A. Nukes and Associates. NOW, THEREFORE, BE IS RESOLVED that the City Council of the City of Morro Bay • approves funding for the exterior design scheme of 2 new Dial -A -Ride vehicles using funds from a Caltrans grant, Local Match, and Dial -A -Ride Advertising account. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of August 1995 by the following vote: AYES: Anderson, Novak, Yates NOES: None ABSENT: Crotzer, Unger ABSTAIN: None ATTEST: • DOLORES DAHLIN, Deputy City Clerk • RESOLUTION NO. 88-95 RESOLUTION APPROVING A REQUEST BY MORRO BAY GARBAGE SERVICE FOR A RATE INCREASE AND DECREASING THE SOLID WASTE FRANCHISE FEE THE CITY COUNCIL City of Morro Bay, California WHEREAS, Morro Bay Garbage Service (MBGS) entered into a Solid Waste Franchise Agreement with the City of Morro Bay effective January 1, 1992; and WHEREAS, under the terms and conditions of said Agreement MBGS collects residential and commercial solid waste; and WHEREAS, under the terms and conditions of said Agreement MBGS bills customers for the cost of this collection; and WHEREAS, a Franchise Fee in the amount of 28.60% of said gross revenues was duly established and is collected by MBGS on behalf of the City; and • WHEREAS, pursuant to Section 28 of said Agreement MBGS has submitted a rate increase request and documentation adequate to justify said request; and WHEREAS, it can be determined based upon evidence that MBGS is operating in a reasonably efficient and effective manner; and WHEREAS, granting of said rate increase is appropriate; and WHEREAS, said increase provides the opportunity to decrease the percentage franchise fee while maintaining the current revenue level. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California that it is hereby determined that Morro Bay Garbage Service is operating in a reasonably efficient and effective manner: and BE IT FURTHER RESOLVED, that a rate increase in the amount of 12% (twelve percent) effective September 1, 1995 be granted to Morro Bay Garbage Service; and BE IT FURTHER RESOLVED, that effective January 1, 1996 the City Franchise Fee shall be reduced to 26.66% (twenty-six and sixty-six one hundredths percent) of Morro Bay Garbage Service gross revenues. 9 • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held the loth day of July, 1995 by the following vote: AYES: Yates, Novak, Anderson NOES: Unger, Cromer ABSENT: None ABSTAIN: None ATTEST: �� JZA-4f) • DOLORES DAHLIN, Deputy City Clerk • • RESOLUTION NO. 86-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CONFIRMING DIAGRAM BOUNDARIES AND LEVYING AN ASSESSMENT FOR THE BAYSHORE BLUFFS PARR MAINTENANCE ASSESSMENT DISTRICT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on July 23, 1990 the City Council, upon written request of all property owners in Bayshore Village did adopt Resolution No. 97-90 ordering the formation of a landscaping and lighting assessment district to maintain Bayshore Bluffs Park; and, WHEREAS, on May 8, 1995 the City Council did adopt Resolution No. 54-95 setting a hearing on the annual assessment amount for the Bayshore Bluffs Maintenance Assessment District for June 12, 1995 at 6:00 p.m. in the Veteran's Memorial Building; and, WHEREAS, on June 12, 1995 the City Council did rescind Resolution No. 54-95 and continued to public hearing/protest hearing to July 10, 1995 at 6 p.m. in the Veteran's Memorial Building. WHEREAS, copies of the adopted resolution of Council intent, •assessment district diagram and Engineer's report detailing the proposed assessment and listing the date, time and place of the protest hearing are attached to this resolution marked Exhibit "A"; and, WHEREAS, the City Council did hear objections of all interested parties at a duly noticed hearing as to the levy of annual assessment for the maintenance of Bayshore Bluffs Park on July 10, 1995 at the Veteran's Memorial Building. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the diagram of the Bayshore Bluffs Park Maintenance Assessment District generally located as shown on Exhibit "A" attached hereto is hereby confirmed and the assessment of $7,168 for the 1995-96 Fiscal Year is hereby confirmed. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the Bayshore Bluffs Park Maintenance Assessment District be dissolved after Fiscal Year 1995-96 and the Homeowners will no longer be assessed for the maintenance of the park. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that adoption of this resolution shall constitute the levy of an assessment for the 1995-96 fiscal year and the City Clerk shall file the diagram and assessment with the County of San Luis Obispo Auditor by the 7th day of September, 1995. • RESOLUTION NO. 86-95 • PAGE 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this loth day of July, 1995 by the following roll call vote: AYES: Novak, Unger, Yates NOES: Anderson, Crotzer ABSENT: None ATTEST: &444r-, Aa� DOLORES DAHLIN DEPUTY CITY CLERK • u/u/council/resB6-95 0 • RESOLUTION NO. 85-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with the management employees; and WHEREAS, the meeting between the management employees and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by management employees unit accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and • WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said management employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this I Oth day of July, 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, and Yates NOES: None ABSENT: None ATTEST: • �I /�1�.0iLP� . DOLORES DAHLIN, Deputy City Clerk • RESOLUTION NO.84-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with the Morro Bay Peace Officers' Association; and WHEREAS, the meeting between the Morro Bay Peace Officers' Association and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Peace officers' Association accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and • WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said police employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 10th day of July, 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, and Yates NOES: None ABSENT: None ATTEST: DOLORES DAHLIN, Deputy City Clerk RESOLUTION NO. 83-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF CONFIDENTIAL EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with the confidential employees; and WHEREAS, the meeting between the confidential employees and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by confidential employees unit accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and • WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said confidential employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this I Oth day of July, 1995 by the following vote: AYES: Anderson, Crotzer, Novak, Unger, and Yates NOES: None ABSENT: None ATTEST: DOLORES DAHLIN, Deputy City Clerk . RESOLUTION NO. 82-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF MISCELLANEOUS EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment with S.E.I.U. Local No. 817; and WHEREAS, the meeting between S.E.I.U. Local No. 817 and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by S.E.I.U. Local No. 817 accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and • WHEREAS, the City now desires to provide said salaries, benefits, and conditions to said miscellaneous employees of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 1 Oth day of July, 1995 by the following vote: AYES: Anderson, Cromer, Novak, Unger, and Yates NOES: None ABSENT: None ATTEST: • __EL�k�l�d �( �`G���I.LcJ DOLORES DAHLfN, Deputy City Clerk a RESOLUTION NO. 81 -95 AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO CONTRACT NO. 91-102-038: $2,000,000 LOAN WITH THE DEPARTMENT OF BOATING & WATERWAYS. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and the Department of Boating and Waterways entered into Contract No. 91-102-038 a $2,000,000 loan agreement for reconstruction of the South T-Pier on July 22, 1991; and WHEREAS, the loan agreement was amended to lower the interest rate on the loan in May, 1993 per First Amendment to the contract; and WHEREAS, the loan agreement was amended a second time to extend the period for completion of construction one year; and WHEREAS, the City of Morro Bay requested that the Department of Boating and Waterways amend the loan further to provide for a change in the final request for disbursement date to July 1, 1996; and WHEREAS, the Department of Boating and Waterways has agreed to these • changes and incorporated them into the Third Amendment to Contract No. 91-102-038. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the Third Amendment to Contract No. 91-102-038 with the Department of Boating and Waterways. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 1 Oth day of July, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None RESOLUTION NO. 78-95 RESOLUTION CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED ABATEMENT PROCEDURE AND MAKING ASSESSMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay Ordinance Title 8, Chapter 8.12 requires the abatement of weeds and other nuisances on a yearly basis; and WHEREAS, weeds and other nuisances have been abated as per Title 8, Chapter 8.12 of the Morro Bay Municipal Code for the year 1995. NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California as follows: That no objections to said report and -assessment have been made. 2. That the written report now being submitted to the City Council by City staff setting forth an itemized report of the cost of abatement in front of or on each separate parcel of land where work was done by the Contractor is hereby approved as submitted. •� 3. Said report shall be filed in the office of the City Clerk and said City Clerk shall file a certified copy of said report with the San Luis Obispo County Auditor on or before August 10th of each year; and 4. The County Auditor shall thereon enter each assessment on the County Tax roll opposite the parcel of land, and shall thereupon proceed to collect such assessments in accordance with the provisions of government Code Sections 39581 through 39588 inclusive. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting held on the 10th day of July, 1995, by the following vote: AYES: Anderson, Crotzer, Novak, Unger, Yates NOES: None ABSENT: None ABSTAIN: None ATTE T: DOLORES DAHLIN, Deputy City Clerk