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HomeMy WebLinkAboutResolution 66-98 to 117-98RESOLUTIONS 1998 NO. TITLE ADOPTED 114-98 Supporting Protection of Coastal Resources And Marine -Dependent Industry in Consideration of Proposed Fiber Optic Cable Projects 12-14-98 115-98 Amending the Adopted Rules and Regulations For Use of Piers, Docks and Mooring Areas Within the Corporate Limits of the City 12-14-98 116-98 Authorizing Submittal of Applications for • The 1998 Surface Transportation Improvement Program (STIP) Amendment 12-14-98 117-98 Amending the Order of Business at City Council Meetings 12-14-98 • RESOLUTIONS 1998 NO. TITLE ADOPTED 107-98 Adopting a Revised Conflict of Interest Code and Superseding Resolutions in Conflict Therewith 11-23-98 108-98 Approving a Two -Year Lease Agreement For Lease Site 144/144W Between the City and Chuck and Sandra Marciel dba M&M Refrigeration 11-23-98 109-98 Authorizing a One -Year Waiver from • Qualifying as a Commercial Fishing Vessel for Existing Commercial Slip Holders for the 1998 Calendar Year 11-23-98 110-98 Authorizing the City Manager to Enter Into a Consultant Agreement for Interim Public Works Director 11-23-98 111-98 Authorizing the City Manager to Enter Into a Consultant Agreement for Interim Staff Engineer I 1-23-98 112-98 Reciting the Fact of the General Municipal Election Held in the City on the 3'd Day of November 1998; and Declaring the Results Thereof 12-01-98 113-98 Approving the Final Map for Tract 2054, Acceptance of the Offer of Dedication for Handicap Ramp Purposes, and Rejection of • The Offer of Public Utility Easements 12-14-98 . RESOLUTIONS 1998 NO. TITLE ADOPTED 100-98 Amending the Operating and Capital Improvement Budgets and Making Settlement by the City Manager of Claims Against the City 10-26-98 101-98 Rescinding Resolution No. 36-88 and Authorizing the Adjustment and Settlement by the City Manager of Claims Against the City 10-26-98 • 102-98 Authorizing Execution of Air Pollution Control District Motor Vehicle Emission Reduction Grant Agreement to Purchase One ADA Accessible Trolley 11-09-98 103-98 Scheduling a Public Hearing Regarding Enlarging the Boundaries of Underground Utility District No. 6 11-23-98 104-98 Easement Agreement Granting to 459 Chorro Creek Road 11-23-98 105-98 Amending the Fiscal Year 1997/1998 Master Fee Schedule 11-23-98 106-98 Consenting to a Change in Ownership Of Charter Communications Inc. to Paul G. Allen 11-23-98 F • RESOLUTIONS 1998 NO. TITLE ADOPTED 93-98 Authorizing the Morro Bay Police Department to Participate in a Multi - Agency DUI Enforcement Task Force And Education Grant 10-12-98 94-98 Approving a License Agreement with Duke Power for Use of a Meal Storage Building Located on Duke Power Property 10-12-98 95-98 Declaring an Emergency Condition to Exist Regarding a Portion of the Atascadero Road Sewer Trunk Line and Authorizing The Immediate Expenditure of Public Money To Safeguard Public Health and Safety 10-12-98 96-98 In Support of the County of San Luis Obispo Board of Supervisors' Application Seeking Official State Scenic Highway Status from CalTrans for Highway One in District 2 10-26-98 97-98 Authorizing Execution of State Department Of Transportation Contract for a Section 5311 F Capital Assistance Grant to Purchase Two 16-Passenger Accessible Vans and One ADA Accessible Trolley 10-26-98 VOID • 99-98 VOID • RESOLUTIONS 1998 NO. TITLE ADOPTED 85-98 Rescinding Resolution No. 53-97 And Abolishing the Office Closure Hours for Non -Safety City Offices 09-14-98 86-98 VOID 87-98 VOID 88-98 Approving Second Amendment to Water Rights Agreement Dated August 10, 1982 Between Roandoak Of God the City 09-28-98 and 89-98 Approving Amendment to the Master Lease for Lease Site 62/62W by Adding Operation of a Transient Occupancy Unit As a Permitted Use of the Lease 09-28-98 90-98 Amending Personnel Rules and Regulations (Catastrophic Leave Policy) 09-28-98 91-98 Ratifying the Joint Powers Agreement For the San Luis Obispo Council of Governments 10-12-98 92-98 Ratifying the Joint Powers Agreement For the San Luis Obispo Regional Transit Authority 10-12-98 E • RESOLUTIONS 1998 NO. TITLE ADOPTED 79-98 Approving Sublease Agreement for Lease Site 68/68W Between the Held Family Trust and Richard and Darlene Rodgers dba Gold Tree Jewelers 08-17-98 80-98 Amending the Fiscal Year 1997/1998 Master Fee Schedule (Harbor Dept. Transient Slip Fees) 08-17-98 81-98 Designating Option 1 (Revised) as the • Approved Front Street Parking Lot Project For Use of Parking In -Lieu Fees and Directing Continued Investigation of Property Acquisition 09-14-98 82-98 Authorizing to Waive Dockage Fees for The Sailing Vessel Endeavour During its May 1999 Visit to Morro Bay 09-14-98 83-98 Approving Agreement Between the City And the Central Coast Maritime Museum Association to Identify a Potential Site for Construction of a Maritime Museum 09-14-98 84-98 Appointing Robert Schultz, Esq. as City Attorney and Approving an Amendment To the City's Legal Services Agreement With Hunt & Associates 09-14-98 • RESOLUTIONS 1998 NO. TITLE ADOPTED 71-98 Adopting By -Laws for the Community Promotions Committee 07-27-98 72-98 Granting a Certificate of Public Convenience and Necessity 07-27-98 73-98 Terminating Lease Agreement Between The City and Ming Dynasty for Lease Site 129W-133W and Approval of a One -Year Lease Agreement Between the • City and Ming Dynasty 07-27-98 74-98 Establishing By -Laws for the Harbor Advisory Board 07-27-98 75-98 Establishing By -Laws for the Recreation & Parks Commission 07-27-98 76-98 Announcing Issuance of a Blanket Encroachment Permit and Master Use Permit for Downtown Business Enhancement 07-27-98 77-98 Intention to Approve an Amendment To Contract Between the Board of Administration of PERS and the City 08-17-98 78-98 Approving a Sublease Agreement for A Portion of Lease Site 87-88/87W-88W . Between George Leage and Gemma Lundblade dba Gems Treasure 08-17-98 RESOLUTIONS 1998 NO. TITLE ADOPTED 66-98 Calling a General Municipal Election To be Held on November 3, 1998 for the Purpose of Electing Certain Officers of Said City; and Requesting the Board of Supervisors of San Luis Obispo County To Consolidate said Election with the Consolidated District Election to be Held In the County on Tuesday, November 3, 1998; and other Election Matters as Required by Law 07-13-98 • 67-98 Approving $50,000 Grant Contract with DB W and Authorization to Purchase a Bare Hull from H&F Custom Boats 07-13-98 68-98 Awarding Contract for Services to Crawford, Multari & Clark Associates For Preparation of an Update and Consolidation of the Local Coastal Program and General Plan 07-13-98 69-98 Amending the Operating and Capital Improvement Budgets and Making Supplemental Appropriations for Fiscal Year 1998/1999 07-27-98 70-98 Amending Resolution No. 89-97 Granting One to Four Years Additional Service Credit 07-27-98 0. RESOLUTION NO. 117-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS THE CITY COUNCIL 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, 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 recitation is true and correct and constitutes the findings of the City Council in this matter. 2. Order of Business The order of business of the City Council shall remain as prescribed in Resolution No. 96-96 with amendment to 2(C) wherein "Prayer" shall be listed on the agenda as "Invocation". PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of December, 1998 on the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None OD ER AN ERSON, Mayor ATTEST: RESOLUTION NO. 116-98 • A RESOLUTION OF THE CITY OF MORRO BAY AUTHORIZING SUBMITTAL OF APPLICATIONS FOR THE 1998 SURFACE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) AMENDMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, in recognition of the widespread need for local and road rehabilitation and reconstruction, and a significant balance in the State Highway Account, Caltrans recommended, and the California Transportation Commission concurred with a proposal to re -project the State Fund Estimate for transportation purposes; and WHEREAS, of the new funds, 75% would be allocated to regional agencies primarily for storm damage, and local street and road rehabilitation/reconstruction; and WHEREAS, approximately $16,483,000 has been allocated for new project submittal to the state by January 1999, of which the City will be allocated $1,032,000; and WHEREAS, the program, administered by the San Luis Obispo Council of Governments (SLOCOG), requires that applications for each individual proposed project be submitted by December 18, 1998. NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council does hereby • approve and authorize the following projects to be submitted to the SLOCOG for funding in the 1998 STEP: • Main Street: Highway 41 to Highway 1 Underpass • Main Street: Surf to Beach • Main Street: Beach to Marina • Main Street: Marina to South • Main Street: South to Olive • Main Street: Olive to State Park Entrance • Anchor Street: Madera to Piney Way and Piney Way to Main • Market Avenue: Pacific to Harbor • Embarcadero: Beach to Tidelands Park • San Jacinto: Highway 1 to Ironwood • Morro Bay Boulevard: Highway 1 to Main PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of December 1998 by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None ABSTAIN: None z%/1 "-4 or ER ANDERSON, Mayor pit_ 9q I�r• •nc n \ u p II + p / r c• r u c o e � iJK4 rc .1 . � . 1 •�. yp'�p a [ r �k`'' ORRO BAY ' j•`"�., � ° • n YID[ ' An[ MUNN sm"r •., r i[c[Ho - pB/aBfVOI✓RINO w•.. -,.. � a1s_. .....:�:� -.....:se...•. •. 4b mrnriv nwomas �„•.�,�r � ::,e�:. ,•^ -, rmaw u[[nr•pemwn .r ® . ,r ROAD t MINKM (r�l Y IV, L? 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U] W A(YW CQ :4 ,:W W Pa:`i'. rox xa4cU]U]xQ —°y Gr >sEa" RE F 47� 3 U) qW Q ro oro �Mmro °• a > C FU) P, U] U) m M P4 V4 0 m v TQ fx a hen ar:: 0,- oo 000ClV'aopoN Nr tpa y� N N N N N .•i_ • RESOLUTION NO. 115-98 RESOLUTION AMENDING THE ADOPTED RULES AND REGULATIONS FOR USE OF PIERS, DOCKS AND MOORING AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has provided certain piers, docks, and mooring areas for the accommodation of vessels in Morro Bay Harbor; and, WHEREAS, the City of Morro Bay Municipal Code, Sections 15.16.050, 15.28.010 and 15.32.010 provide that the City Council shall by resolution, reestablish rules and regulations for the mooring of vessels at and use of said piers, docks and offshore mooring areas; and, WHEREAS, it is in the public interest to amend such rules and regulations which were last established under Resolution No 83-97. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached "Exhibit A" incorporated in this resolution by reference, entitled "City of Morro Bay - Harbor Department Rules and Regulations" be approved and adopted to constitute the rules and regulations for the mooring of vessels at and the use of piers, docks and moorings as referred to in Sections 15.16.050, 15.28.010 and 15.32.010 of the Morro Bay Municipal Code. • BE IT FURTHER RESOLVED, that the amended rules and regulations shall remain in effect until such time as they shall be amended by resolution of the City Council of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 141" day of December, 1998, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None D R ND SON, MAYOR BRIDGETT AUER, CITY CLERK 0 EXHIBIT "A" • CITY OF MORRO BAY - HARBOR DEPARTMENT RULES AND REGULATIONS FOR VESSELS USING CITY PIERS, DOCKS AND OFFSHORE MOORINGS INTRODUCTION The City of Morro Bay directly operates 2-piers, approximately 50 slips'and 70 individual moorings. The City also provides a floating dock and anchorage area for transient vessels. City operated individual mooring sites are in the A2, Al-1 and Al-2 mooring areas as shown in the attached map. The City leases out the AI-3 and Al-4 mooring areas to the Morro Bay Yacht Club and Morro Bay Marina respectively which manage individual mooring assignments in those areas. Most Embarcadero slips and the State Park Marina slips are privately operated with rules and regulations set by the operator. Following are rules and regulations for City facilities and general operation of the Harbor within City limits. The Harbor Department shall mean the Harbor Director, or any designated employee of the City of Morro Bay Harbor Department. RULES AND REGULATIONS 1. MORRO BAY HARBOR DEPARTMENT - GENERAL REGULATIONS No person shall anchor, moor or secure a vessel or any object within the City of Morro Bay except in designated areas and locations set by the Morro Bay Harbor Department and the Mono Bay Municipal Code. Any vessel or object moored, anchored or secured in violation of this section may be declared a hazard pursuant to California Harbor and Navigations Code Section 523 and shall be relocated to a safe anchorage or berthing location by the Harbor Patrol. The owner will be charged for all costs associated •with such relocation and may be subject to impoundment at the fee shown in the Master Fee Schedule. No vessel may exceed 5 MPH speed limit within the Morro Bay City limits with the exception of governmental agencies in the performance of duties. Discharge of sewage is strictly prohibited. No person may liveaboard a vessel in excess of 4 days without first obtaining a permit. To use or occupy City docks, City moorings, City Piers, the Al-5 anchorage area or City floating dock a vessel must be registered with the Harbor Department including submission of a signed RENTAL AGREEMENT or transient berthing agreement card. 2. CITY SLIPS A: General City slips shall be assigned to commercial fishing vessels as defined in Morro Bay Municipal Code 15.04.150 and Resolution 23-91 of the City of Mono Bay. Rental agreements for use of City slips are not transferable. If a vessel is sold or ceases to qualify for a slip, the agreement is terminated. No city slip agreement holder may allow the use of any city slip by another vessel without the prior permission of the Harbor office. The City may rent any unoccupied slip on a temporary basis. Berthing space behind head floats on City slips will be designated as "head float berth" in the City's Master Fee Schedule and may be assigned to qualified commercial fishing vessels which will be charged at the monthly commercial slip rate. Vessels other than skiffs or qualified commercial fishing vessels desiring to use the "head float berth" will be charged at an initial rate of $3.39 per foot per month. This "head float berth rate" may be adjusted annually by the City Council. Head Float Berth spaces will be . assigned on a fast come, fast serve basis with prior approval of the Harbor Department. B: Waiting List Procedures And Assignment Of Vacant Slips The City has established a Commercial Slip Waiting List with a refundable fee of $286.00 and a Recreational Slip Waiting List with a refundable fee of $85.00. When a slip vacancy occurs, the slip • will be assigned to the next eligible vessel on the commercial slip waiting list. It is the responsibility of all waiting listees to keep the Harbor Office informed of current address and contact numbers. If no response is received after two attempts to contact waiting listee at the address and/or phone number on record with the Harbor Office, then the waiting listee will be passed over until such time as they recontact the Harbor Department. A vessel and the vessel's owner must meet the definition for commercial fishing vessels to be placed on the commercial slip waiting list and must qualify for the year in which they are offered a permanent slip. A vessel owner may substitute a different vessel and maintain the same position on the list up to one time in any three year period. The recreational slip waiting list would be used in the event the City develops new slips for recreational boaters. C: Temporary. Cancellation Of City Slips And Slip Subleasing Any City slip agreement holder may, by giving City notice at the Harbor Office of a pending absence and vacation of the slip in excess of 30 days, have their slip fees reduced to 25% of the regular monthly fees listed in the Master Fee Schedule. If the slip holder returns to the slip in a period less than the 30 days and another vessel is occupying the slip under a sublease, the slip holder will have to dock at the T- Piers as space is available. Vessels on the Commercial Slip Waiting List will have priority for subleases. The City will maintain a slip sublease waiting list and will make the vacated slip available to the next available qualified vessel on the slip sublease waiting list if there is no vessel on the Commercial Slip Waiting List which desires a sublease. If a vessel or person on the sublease waiting list declines a slip sublease assignment or if the City is unable to contact the person after two attempts; • then that person's name shall be removed from the waiting list. The City may assign any vessel to a vacated slip on a daily basis at the daily transient fee but no subleases will be allowed for a period less than one month. No vessel will be allowed to use any vacated slip either on a transient daily fee or monthly sublease basis without paying in advance. As long as there are vessels on the sublease waiting, list, there will be a 3 month maximum for any one vessel to remain in a sublease slip. If there are no suitable vessels on the sublease waiting list or commercial waiting list, a vessel may remain in a sublease slip in excess of 3 months. If a vessel on temporary cancellation does not occupy the assigned slip for a period of at least 3 months in any 24 month period then the City may terminate the berthing agreement and assign the slip to the next qualified vessel on the commercial slip waiting list. 3. OFFSHORE MOORINGS A: Moorings - General Moorings are allowed only in designated locations within the outlined mooring zones or as approved by the Harbor Director and allowed by the Morro Bay Municipal Code. Some mooring locations have tackle and gear owned and installed by the City; most mooring locations have tackle and gear owned and installed by the private party. Each mooring is for one vessel and its associated tender. Floating docks or arrangements other than mooring tackle and gear as outlined and approved by the Harbor Department are prohibited. Mooring sites A2-0-21A and Al-2-7A were assigned when previous unpermitted floating docks were removed off these moorings. The Harbor Department at its sole discretion shall set maximum vessel size limits for these moorings. Mooring sites A2-0-21A and Al-2-7A are owned by Jim Entwisle and • Associated Pacific Constructors respectively and may not be sold, transferred or assigned to new parties. Should Jim Entwisle or Associated Pacific Constructors no longer desire to use mooring sites A2-0-21A or Al -2-7A then these moorings shall be removed. PAGE OF The first day of the month following adoption of these rules and regulations, mooring sites A2-0-21 A and Al-2-7A will be charged at the regular monthly mooring rate. is Assigned mooring agreement holders must at all times keep the Harbor Department notified of the vessel which is currently using the mooring site. If an offshore mooring agreement is terminated for non-payment of rent or failure to inspect mooring gear, the City may take possession of the location and any personal property as outlined in Chapter 15 of the Morro Bay Municipal Code. In such case the Harbor Department may either take the mooring location out of service or install City owned mooring tackle and gear on the location. B: Moorings - Tackle And Gear Privately Owned Mooring locations where the mooring tackle and gear are owned by a private party shall be held under a monthly rental agreement. Said agreement may be assigned to another party, subject to approval of the City of Morro Bay, by making written request to the Harbor Department. The City reserves the right of approval of any assignment and may not approve such assignment if the mooring agreement holder or assignee is in violation of these rules and regulations or has a past due account with the City or if the proposed use of the mooring will violate these rules and regulations or the Morro Bay Municipal Code or safe boating practices as determined by the Harbor Director. The rental agreement shall have a month to month term and fees shall be set forth in the Master Fee Schedule under Offshore Moorings. C: Moorings - Tackle And Gear City Owned The City will rent City owned moorings on a daily or monthly agreement at fees set forth in the Master Fee Schedule under City Owned Moorings. City owned mooring agreements are not assignable or •transferable. When a City owned mooring is vacated, the Harbor Department shall post notice of the available mooring in the Harbor Department Office and the mooring shall be assigned to the first eligible vessel owner to notify the Harbor Department of their desire to use the mooring. D: Mooring Tackle And Gear Maintenance The offshore mooring holder shall maintain the tackle and gear to the specifications set by the Harbor Department including biennial inspections meeting the requirements set by the Chief Harbor Patrol Officer. The City will maintain and inspect City owned moorings. Moorings leased to the Morro Bay Yacht Club and Morro Bay Marina will be maintained and inspected by those lessees to meet the specifications set by the Harbor Department. 4. T-PIERS, FLOATING DOCK OR ANCHORAGE AREA The T-Piers, floating dock or anchorage area shall be available to registered transient vessels on a first come first serve daily basis at fees established in the Master Fee Schedule, except that no vessel may use the anchorage area or floating dock for more than 30 days in any six month period. To maintain safe and efficient Harbor operations, the Harbor Department may relocate vessels or designate specific sites for certain vessels at these facilities at any time. Any transient liveaboard vessel must receive a permit from the Harbor Department and the Harbor Department may limit transient liveaboards to the North T- Pier. 5. HARBOR DEPARTMENT RESPONSIBILITY TO PROTECT SAFE AND EFFICIENT OPERATION OF CITY FACILITIES When a vessel enters a mooring or docking facility or anchorage area in the waters of the City of Morro Bay, it immediately comes under the jurisdiction of the City and maybe moored or docked or anchored at the direction of the Harbor Department. The Harbor Department may refuse use of City facilities to any vessel which or vessel operator who has unpaid fees or a past due account with the City or who PAGE OF represents, in the opinion of the Harbor Department a threat to pollute or potential threat to the safety and security of City facilities. When a vessel, or vessel operator, who has been denied use of City facilities, continues to use those facilities without permission, that vessel or vessel operator shall be subject to impoundment under Morro Bay Municipal Code 15.56.010 and/or fines for violation of Section 525 of the Harbor and Navigations Code. Any vessel using City facilities shall be operable under its own power and be seaworthy and maintained in good and safe condition as determined by the Harbor Department. Any vessel which requires Harbor Patrol emergency assistance to pump out, take under tow or otherwise care for the vessel in excess of one time in any 12 month period will be subject to termination of its use of City facilities and/or its berthing agreement. 6. FEES Fees for use of City facilities shall be set in the City's Master Fee Schedule. All fees are due and must be paid in advance. The Harbor Department may allow billings for qualified and registered vessels with current account status at the discretion of the Harbor Department. Transient fees must be paid in advance provided that the Harbor Department may allow 48 hours after arrival for any vessel to make payment or acceptable arrangements for payment. Transient Vessels not complying with this section within 48 hours of arrival shall be subject to impoundment as specified in Ordinance 397 a Chapter 15 of the Morro Bay Municipal Code. The City will refund upon request any prepaid unused transient fees in excess of $20 and unused prepaid transient fees of less than $20 may be held as a credit to payees account. City slips and moorings will be billed on a monthly basis in advance, will be delinquent and subject to a late payment penalty if not paid by the 1 Oth day of the month, whether the tenant receives a bill or not. After a City slip or offshore mooring assignment is made and until -the mooring or slip agreement is cancelled or assigned with prior approval of the Harbor Department, the agreement holder • shall be responsible for payment of all fees whether the agreement holder occupies the slip or mooring or not. All fees will be adjusted annually as set forth in the Master Fee Schedule. Slip fees shall include electricity services but T-Pier fees shall not and the harbor patrol will limit electric service on the piers to those vessels which pay the daily use fees. The established electric use fee will be for one vessel only. The electric fee must be paid prior to use and the Harbor Department may terminate any vessels' use of City facilities and/or their berthing rental agreement for violation of these requirements or of any other section hereof. 7. DAMAGE TO CITY PROPERTY Any vessel which causes damage to City property will be responsible for repaying the cost of repair to such damage as determined by the Harbor Department and submitted in a written statement itemizing costs. 8. EMERGENCY MEASURES, CITY HELD HARMLESS In the event of severe storm or tidal wave, the vessel owner, operator and/or agreement holder will provide preparation and damage prevention protection for their property. The vessel owner or his agent is solely responsible to take all emergency measures possible, and the City does not assume any responsibility for said protection and or damages to the vessel from storm or tidal wave action. The City assumes no responsibility for the safety of any vessel using City facilities, and will not be liable for fires, theft, loss or damage to said vessel, its equipment, or any property in or on said vessel. Tenant expressly and by his use of City facilities agrees to hold City and its officers and employees harmless from any claim he or any of his crew, guests or agents have against City for damage to the vessel or other property or for personal injury arising from tenant's use of City property or facilities. PAGE 4 OF 9. STORAGE AND SECURING OF VESSELS Tenders and skiffs will be stored on board larger vessels when possible and are not allowed at City slips • and docks except as designated by the Harbor Department personnel. The water space between the shore and City docks shall be used primarily for the storage of tenders, skiffs or dinghies used to serve vessels occupying moorings in a non-commercial mooring zone. Each City mooring holder may berth one tender or skiff (as defined by the Harbor Department) in this manner at no charge. Other users may store tenders skiffs or dinghies on City docks at designated locations with the prior approval of the Harbor Department at a fee of $1.00 per day. No dock boxes, steps or any other installations may be made to City slips, moorings or other facilities without prior permission from the City. No rafting or storage of more than one vessel on any slip, mooring or anchorage is allowed without the permission of the Harbor Department. Temporary storage of crab receivers may be allowed with the prior written permission of the City. It is the responsibility of each vessel owner or operator to safely secure that vessel to its berthing. Vessels shall be secured in their berths, moorings or anchorage in a manner acceptable to the City or the Harbor Department personnel may adequately secure the vessel and assess a service fee. 10. FISH UNLOADING OR SALES Fish may be unloaded off City piers and slips only by the owner or operator of the commercial fishing vessel which caught the fish. Operations including commercial truck loading by fish processors or fish buyers are prohibited from City piers and docks. Commercial unloading of any cargo or materials (including kelp) requiring special heavy vehicles (such as crane, boom or stake bed trucks) are prohibited without the prior permission of the Harbor Department. Permission by the Harbor Department may be contingent on provision of an insurance certificate and payment of a fee. •Commercial fishermen may sell their catch only from their vessels at city slips and docks provided they are in conformance with these rules and regulations, State and Federal law, providing that such sales shall not negatively impact the safe or efficient operation of the harbor, at the discretion of the Harbor Department. Signage shall be minimal and fish sold from vessels must be fish that was caught by the vessel owner. 11. VIOLATIONS OF THE MORRO BAY MUNICIPAL CODE OR OF THE RULES AND REGULATIONS Violations of Chapter 15 of the Morro Bay Municipal Code, the Harbor and Navigations Code or these Rules and Regulations are punishable by fines as follows: 1. Violation of MBMC 15.12.010, prohibiting operation of a vessel in excesses of 5 MPH, or in a manner which causes damaging wake within Morro Bay Harbor. $100 first offense, $200 second offense and each offense thereafter. 2. Violation of MBMC 15.24.010, prohibiting discharge of waste or refuse from vessels and prohibiting allowing vessels materials waste or refuse to remain on shorelines within City limits. $200 first offense, $500 second offense and each offense thereafter. 3. Violation of MBMC,15.32.010, establishing rules and regulations for City wharves, piers and docks by resolution of the City Council. Violation of Harbor Rules and Regulations: first offense $100 second offense and each offense thereafter $200. • 4. Violation of MBMC 15.40.030, requiring a permit for occupying or owning a liveaboard vessel in Morro Bay Harbor. First offense $100, second offense and each offense thereafter $200. PAGES OF 5. Violation of Harbor and Navigations Code Section 525, prohibiting abandoning a vessel without the facility owner's permission: $500 first offense, $1500 second offense and each offense thereafter. For any violation of the Morro Bay Municipal Code or these Rules and Regulations for which a citation • is not issued, or for which a vessel is not impounded, the City may provide written notice to tenant to correct such violation. Failure to comply with such written notice may subject the tenant or violator to suspension of future use of City facilities and or termination or cancellation of a mooring or berthing agreement. For example: use of sub standard electrical cords or equipment after one warning may result, at a minimum, in suspension from use of City facilities for 30 days. 12. STORAGE AND ELECTRICAL SERVICE No storage of supplies, materials, accessories, fishing gear or debris will be allowed on piers or slips. No charcoal fires or open fires of any kind will be allowed on any City facility. Electrical power cords must meet the standards of NFPA and the National Electric Code as determined by the Harbor Department. The Harbor Department may make exceptions during temporary supervised projects. No doubling off a unit is allowed. 13. OPERATIONS FROM CITY FACILITIES No sport fishing, tour boat, charter boat or rental business operation shall be conducted from any City slip, pier, street end dock, mooring, anchorage or other City facility or beach except as specifically allowed under a lease or license agreement. Occasional charters for environmental research or commercial fishing research related purposes by qualified commercial fishing vessels in an assigned City slip may be allowed only by prior approval of the Harbor Department and at the Harbor Department's sole discretion. 14. SOUTH T-PIER HOIST • A. No fish, shellfish or seafood products are to be unloaded with the hoist except in the following cases: 1. All other commercial fish unloading facilities in the Morro Bay area are closed, overloaded, or unable to off-load the boat of the requesting party. 2. That the unloading by one of the commercial unloaders, in the Morro Bay area, would be untimely and cause extreme hardship or loss to the requesting party. B. A key deposit of twenty dollars or a valid driver's license may be required. C. A fee set by the Master Fee Schedule shall be by the hour for any part of an hour with a one hour minimum. D. No overweight use of the hoist is allowed and the Harbor Department may refuse use of the hoist to any party for any reason to insure proper safe and efficient use of Harbor facilities. 15. TIDELANDS PARK SIDE TIE DOCK, STREET END DOCKS AND BOAT LAUNCH The Launch Ramp boarding floats are for temporary tie-up while launching and retrieving a vessel only. The Tidelands Park side tie dock shall be a 3 hour maximum tie up in any 24hour period facility and • may not be used for tie up from 10:00 p.m. through 4:00 a.m.. Vessels which exceed the three hour tie up limit in any 24 hour period, or are tied up to the Tidelands Park side tie dock between the hours of 10:00 p.m. through 4:00 a.m., shall be in violation of these Rules and Regulations and subject to citation PAGE 6OF7 and fines as outlined in Section 11 hereof. Tenders and skiffs assigned the inside portion of the Tidelands Park side tie dock under Section 9 hereof shall be exempt from the time limits above. • In the case of emergency or when all other available facilities are occupied, the City may, at the sole discretion of the Harbor Department, waive the 3 hour time limit on the Tidelands Park side tie dock. In that case, the Harbor Department shall issue a special permit at fees established in the City Master Fee Schedule for a period not to exceed 7 continuous days and said permit shall be displayed in open view on the permitted vessel. No vehicle shall park or use any parking space in the boat Launch Ramp in excess of 72 hours. The Harbor Patrol shall monitor and enforce rules and regulation for the boat Launch Ramp parking lot to ensure that it is available for boaters. No storage or haul out is allowed in the Launch Ramp parking lot. Repairs and mechanical work shall be limited to minor jobs which can be completed within a short time period without negatively impacting other users of the lot as determined by the Harbor Patrol. Double stalls at the boat Launch Ramp are for trailers and towing vehicles only. Single vehicles without trailers attached using the double stalls shall be in violation of these Rules and Regulations. Double stalls shall be painted yellow. Parking time limits and regulations within the parking lot shall be appropriately signed.and designated Use of floating docks at the end of Morro Bay Blvd., Harbor St. and Anchor St. and the Launch Ramp shall be limited to transient tie-ups by recreational boats. No overnight tie-ups will be permitted. Maximum duration of tie ups at these docks shall be for a period not to exceed 3 hours per day. Shore fishing and angling shall not be permitted from the viewing platforms or the floating dock at the ends of Harbor St., Morro Bay Blvd., Marina St. and Anchor St. •The launch ramp docks are for temporary tie-up while launching and retrieving a vessel only. No vehicle shall park or use any parking space in the boat launch ramp in excess of 72 hours. The Harbor Patrol shall monitor and enforce rules and regulations in the boat launch ramp parking lot to ensure it is available for boaters. No storage or haul out is allowed. Repairs and mechanical work shall be limited to minor jobs which can be completed within a short period without negatively affecting other users of the lot as determined by the Harbor Patrol. Parking time limits and parking regulations within the parking lot shall be designated and marked with appropriate colors, lettering and signage 16. PRIOR CITY RESOLUTIONS A. Incorporation of Prior Resolutions: City of Morro Bay Resolutions #112-89 and 23-91 reference. B. Rescinding of Prior City Resolutions: are incorporated into these rules and regulations by Adoption of these rules and regulations shall serve to rescind City of Morro Bay Resolutions # 115-67, #30-74, #1-75, #66-78, #85-80, #86-80, #09-81, #27-82, #72-82, #123-82 #124-82, #19-83, #58-83, #59-83, #60-83, #95-83, #122-83, #8-84, #125-84, #90-85, #61-86, #85-87, #11-89,#76-89, #104-92, #83-97. PAGE70F7 • RESOLUTION NO. 114-98 SUPPORTING PROTECTION OF COASTAL RESOURCES AND MARINE DEPENDENT INDUSTRY IN CONSIDERATION OF PROPOSED FIBER OPTIC CABLE PROJECTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, City of Morro Bay has been a traditional fishing and Boating community; and, WHEREAS, the City of Morro Bay treasures the cultural and economic benefits of coastal environmental resources and marine dependent industry; and, WHEREAS, a number of fiber optic cable projects have been proposed for installation off the Central Coast; and, WHEREAS, the existing fiber optic cables which land at Montana de Oro effectively preclude marine dependent users such as commercial fishing vessels from operating in the cable routes, closing off some of the most productive fishing grounds in the world,which is detrimental to local commercial fishing industry interests and the economy of the Central Coast; and, WHEREAS, the City of Morro Bay desires that all aspects of any proposed new fiber optic cables be fully investigated to insure protection of coastal resources and marine dependent industry. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does • hereby declare that the City requests the County of San Luis Obispo, the State of California and the Federal Government to fully address the following concerns prior to issuance of any permits for offshore fiber optic cable projects in the Central Coast: Any final permit for new offshore cable projects and, to the extent possible, those cable systems already in place,shall be required to either install the cable in such a way that no negative impacts result to local marine dependent industry and coastal resources,or to provide mitigation for such losses which cannot be avoided. Loss of marine dependent industry access to fishing grounds may negatively affect the City's cultural and economic vitality and ultimately the City's ability to maintain and operate harbor facilities. Further, the project applicants should be responsible for any damage to commercial fishing businesses or operations of the City's harbor and the environment caused by placement, maintenance, and operations of the offshore cables. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 141h day of December, 1998, by the following vote: AYES: Anderson, Crotzer, Elliott, Peirce, Peters NOES: None ABSENT: None KPDGAND SON, MAYOR BRIDGETT UER, CITY CLERK LI RESOLUTION NO. 113-98 A RESOLUTION APPROVING THE FINAL MAP FOR TRACT 2054, ACCEPTANCE OF THE OFFER OF DEDICATION FOR HANDICAP RAMP PURPOSES, AND REJECTION OF THE OFFER OF PUBLIC UTILITY EASEMENTS TRACT 2054 BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCEL 3 OF PARCEL MAP MB-78-49, IN THE CITY OF MORRO BAY, AS PER MAP RECORDED ]LINE 19, 1978 IN BOOK 26, PAGE 5 OF PARCEL MAPS IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER THE CITY COUNCIL City of Morro Bay, California WHEREAS, on January 6, 1992 the City Planning Commission approved the Tentative Map for Tract 2054; and WHEREAS, said approval allows for conversion of the existing apartment units to condominium units; and WHEREAS, said map offers a dedication of land to the City for handicap ramp purposes and offers easements for public utilities; and WHEREAS, the City of Morro Bay and Subdivision Map Act requirements necessary prior to recordation of the final map have been met. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does approve on behalf of the public the final map for Tract 2054, accepts the offer of dedication for handicap ramp purposes, and rejects the offer of public utility easements. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of December, 1998 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anderson, Crotzer, Elliott, Peirce, Peters None None None 6, ion- Mayor ATTEST: 40 BRIDGET BAUER, City Clerk • RESOLUTION NO. 112-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 3RD DAY OF NOVEMBER, 1998; DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, a regular general municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 3, 1998 as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and • WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City at the General Municipal Election consolidated with the Statewide General Election held on November 3, 1998, and the County Clerk has duly certified to this City Council the result of the votes cast at said election which said certification is attached hereto and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: That there were six voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in the City of Morro Bay as established for the holding of state and county elections. 2. That said general municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to the cities in the State of California, to wit: • A Mayor of said City for the full term of two years; 0 0 Two members of the City Council of said City for the full terms of four years. • Resolution No. 112-98 Page Two 3. That the names of the persons voted for at said election for the Mayor are as follows: Betty Winholtz Rodger Anderson 4. That the names of the persons voted for at said election for Councilmember of said City are as follows: Richard "Rick" Grantham Janice Peters Colby Crotzer Wallace "Wally" McCray 5. The City Council does declare and determine that: isRODGER ANDERSON was elected as Mayor of said City for the full term of two years; JANICE PETERS was elected as Councilmember of said City for the full term of four years; COLBY CROTZER was elected as Councilmember of said City for the full term of four years. 6. At said election the names of the persons voted for and the number of votes given each person are as set forth in the attached certification. 7. The total number of votes cast in the City at said election and the total number of votes given in each precinct and by absentee voters of the City was and is set forth in the attached certification. 8. The City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also cause to be administered to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in the office of the City Clerk. • Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. • Resolution No. 112-98 Page Three 9. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same was Y• passed and adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on the 1 st day of December, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None C'�, ,J M-)-� • CATHY NO AK, Mayor ATTEST: BRIDGE BAUER, City Clerk u • CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 3, 1998 CONSOLIDATED GENERAL ELECTION CITY OF MORRO BAY STATE OF CALIFORNIA SS. COUNTY OF SAN LUIS OBISPO I, JULIE L. RODEWALD, County Clerk -Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Morro Bay on November 3, 1998, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the Office of Mayor and Member of the City Council and that the totals shown for each • candidate for the Office of Mayor and Member of the City Council in said city and in each of the respective precincts therein, are full, true and correct. WITNESS my hand and Official Seal this 17th day of November, 1998. ��G�,f-c/Ixiar JULIE R DEWALD, County Clerk -Recorder 0 SAN LUIS OBISPO COUNTY GENERAL ELECTION 11/3/98 CITY OF MORRO BAY - MAYOR Page 38. 1 Precinct Voters Tmout Pct 1 2 3 4 5 6 7 8 9 10 11 12 "-" "'-"" " "--"'-- ------ ------ ----- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ---"' PRECINCT 36 O 943 360 38.2 23 0 141 195 1 CON PRECINCT 37 1202 418 34.8 14 1 164 239 0 CON PRECINCT 38 1284 472 36.8 28 0 174 266 4 CON PRECINCT 39 1104 406 36.8 19 0 176 208 3 CON PRECINCT 40 1200 473 39.4 8 1 232 230 2 CON PRECINCT 41 940 380 40.4 13 0 174 192 1 ABSENTEE CON 36 0 261 0.0 20 0 95 145 1 ABSENTEE CON 37 0 405 0.0 13 3 135 250 4 ABSENTEE CON 38 0 362 0.0 18 0 134 209 1 ABSENTEE CON 39 0 286 0.0 9 1 89 185 2 ABSENTEE CON 40 0 366 0.0 10 0 151 204 1 ABSENTEE CON 41 0 303 0.0 9 2 114 177 1 MORRO BAY 01 0 0 0.0 0 0 0 0 0 __> Precinct Totals 6673 2509 37.6 105 2 1061 1330 11 Absentee Totals 0 1983 0.0 79 6 718 1170 10 Total Votes 6673 4492 67.3 184 8 1779 2500 21 • __________________________________________________ C 0 L U M N L E G E N D _---_-____________---.--------------------_-------- 1: City of Morro Bay 4: City of Morro Bay 7: 10: Mayor Mayor ' Blank Votes Rodger Anderson 2: City of Morro Bay 5: City of Morro Bay 8: 11. Mayor Mayor Over Votes Yritein Votes 3: City of Morro Bay 6: 9: 12: Mayor Betty Vinholtz 0 -----------------------------------------------------------------------------------------------------'"--------_--------"_' SAN LUIS OBISPO COUNTY GENERAL ELECTION 11/3/98 CITY OF MORRO BAY - MAYOR Page 38. R E C A P Voters Tmout Pet 1 2 3 4 5 6 7 8 9 10 11 12 DIST 1 SUPERVISOR 0 0 0.0 0 0 0 0 0 DIST 2 SUPERVISOR 6673 4492 67.3 184 8 1779 2500 21 DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 DIST 4 SUPERVISOR 0 '0 0.0 0 0 0 0 0 DIST 5 SUPERVISOR 0 0 0.0 0 0 0 0 0 TOTAL VOTERS 6673 4492 67.3 184 8 1779 2500 21 22ND CONGRESSIONAL DIST 6673 4492 67.3 184 8 1779 2500 21 18TH SENATORIAL DIST 6673 4492 67.3 184 8 1779 2500 21 33RD ASSEMBLY DIST 6673 4492 67.3 164 8 1779 2500 21 BRO EQUALIZATION, DIST 2 6673 4492 67.3 184 8 1779 2500 21 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 0 CITY OF MORRO BAY 6673 4492 67.3 184 8 1779 2500 21 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 CONSOLIDATED PRECINCTS 6673 2509 37.6 105 2 1061 1330 11 ABSENTEE TOTALS 0 1983 0.0 79 6 718 1170 10 TOTAL VOTERS (CONS+ABS) 6673 4492 67.3 184 8 1779 2500 21 .................................................. C 0 L U M N L E G E N D .--.----------...----------------------__---------- 1: City of Morro Bay 4: City of Morro Bay 7: 10: Mayor Mayor Blank Votes Rodger Anderson 2: City of Morro Bay 5: City of Morro Bay 8: 11: Mayor Mayor Over Votes Writein Votes 3: City of Morro Bay 6: 9: 12: Mayor Betty Winholtz .............................•--------•---._.....-----•-'------.....'-----.....------......_.------............--..........--...-� SAN LUIS OBISPO COUNTY GENERAL ELECTION 11/3/98 CITY OF MORRO BAY - MEMBER OF CITY COUNCIL Page 39. 1 Precinct ........................ Voters "--" Trnout ...... Pct ..... ...... 1 2 3 4 ...... 5 6 ..-... 7 8 9 10 11 12 ...... PRECINCT 36 943 360 38.2 ...... 28 0 ...... ...... 82 122, 177 ...... 130 ...... ...... ...... ...... 2 PRECINCT 37 1202 418 34.8 10 0 112 197 174 190 0 CON PRECINCT 38 1284 472 36.8 30 1 117 198 207 166 2 CON PRECINCT 39 1104 406 36.8 18 1 76 155 183 168 2 CON PRECINCT 40 1200 473 39.4 21 2 95 208 231 185 4 CON PRECINCT 41 940 380 40.4 14 1 78 188 168 170 1 ABSENTEE CON 36 0 261 0.0 19 0 49 116 110 118 0 ABSENTEE CON 37 0 405 0.0 14 0 143 203 148 188 1 ABSENTEE CON 38 0 362 0.0 16 1 100 166 147 168 0 ABSENTEE CON 39 0 286 0.0 11 0 65 150 117 139 3 ABSENTEE CON 40 0 366 0.0 12 0 88 169 176 150 1 ABSENTEE CON 41 0 303 0.0 13 2 74 176 109 143 0 MORRO BAY 01 0 0 0.0 0 0 0 0 0 0 0 _=> Precinct Totals 6673 2509 37.6 121 5 560 1068 1140 1029 11 Absentee Totals 0 1983 0.0 85 3 519 980 a07 906 5 Total Votes 6673 4492 67.3 206 8 1079 2048 1947 1935 16 • .................................................. C 0 L U M N L E G E N D--------------------------------..--_-.-_ 1: City of Morro Bay 4: City of Morro Bay 7: City of Morro Bay 10: Member of City Council Member of City Council Member of City Council Blank Votes Janice Peters Nritein Votes 2: City of Morro Bay 5: City of Morro Bay 8: 11: Member of City Council Member of City Council Over Votes Colby Crotzer 3: City of Morro Bay 6: City of Morro Bay 9: 12: Member of City Council Member of City Council Richard Grantham Wallace Mc Cray 0 SAN LUIS OBISPO COUNTY GENERAL ELECTION 11/3/98 CITY OF MORRO BAY - MEMBER OF CITY COUNCIL Page 39. R E C A P Voters Trnout Pot 1 2 3 4 5 6 7 8 9 10 11 12 DIST 1 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 DIST 2 SUPERVISOR 6673 4492 67.3 206 8 1079 2048 1947 1935 16 DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 DIST 5 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 TOTAL VOTERS 6673 4492 67.3 206 8 1079 2048 1947 1935 16 22ND CONGRESSIONAL DIST 6673 4492 67.3 206 8 1079 2048 1947 1935 16 18TH SENATORIAL DIST 6673 4492 67.3 206 8 1079 2048 1947 1935 16 33RD ASSEMBLY DIST 6673 4492 67.3 206 8 1079 2048 1947 1935 16 BRD EQUALIZATION, DIST 2 6673 4492 67.3 206 8 1079 2048 1947 1935 16 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 0 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 0 0 0 CITY OF MORRO BAY 6673 4492 67.3 206 8 1079 2048 1947 1935 16 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 0 CONSOLIDATED PRECINCTS 6673 2509 37.6 121 5 560 1068 1140 1029 11 ABSENTEE TOTALS 0 1983 0.0 85 3 519 980 807 906 5 TOTAL VOTERS (CONS+ABS) 6673 4492 67.3 206 8 1079 2048 1947 1935 16 • __________________________________________________ C 0 L U M N L E G E N D....-.____________________..._._------...___.______ 1: City of Morro Bay 4: City of Morro Bay 7: City of Morro Bay 10: Member of City Council Member of City Council Member of City Council Blank Votes Janice Peters Nritein Votes 2: City of Morro Bay 5: City of Morro Bay 8: 11: Member of City Council Member of City Council Over Votes Colby Crotzer 3: City of Morro Bay 6: City of Morro Bay 9: 12: Member of City Council Member of City Council Richard Grantham Wallace Mc Cray • RESOLUTION NO.111-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSULTANT AGREEMENT FOR INTERIM STAFF ENGINEER THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Section 37103 authorizes the City to engage specially trained and experienced persons or firms for special services and advice in financial, economic, accounting, engineering legal or administrative matters; and WHEREAS, the City has identified the need for, and requires the services of an Interim Staff Engineer by providing special services and advice of a type authorized by Section 37103; and WHEREAS, the Staff Engineer will be trained and will possess special skills, education, experience and competency to perform the services and provide the advice needed;and • WHEREAS, the City desires to enter into a formal contractual agreement with an individual in order to assist with the implementation of the City's organizational restructuring plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby authroze the City Manager to negotiate and enter into a three (3) month agreement with an Interim Staff Engineer, not to exceed $11,000, subject to the development of mutually acceptable terms and subject to approval as to form by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of November, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOV C, Mayor ATTEST: • BRIDGET AUER, City Clerk • RESOLUTION NO. 110-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSULTANT AGREEMENT FOR INTERIM PUBLIC WORKS DIRECTOR THE CITY COUNCIL City of Morro Bay, California WHEREAS, Government Code Section 37103 authorizes the City to engage specially trained and experienced persons or firms for special services and advice in financial, economic, accounting, engineering legal or administrative matters; and WHEREAS, the City has identified the need for, and requires the services of an Interim Public Works Director by providing special services and advice of a type authorized by Section 37103; and WHEREAS, the Interim Public Works Director will be trained and will possess special skills, education, experience and competency to perform the services and provide • the advice needed; and WHEREAS, the City desires to enter into a formal contractual agreement with an individual in order to assist with the implementation of the City's organizational restructuring plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby authorize the City Manager to negotiate and enter into a six (6) month agreement with an Interim Public Works Director, not to exceed $34,000, subject to the development of mutually acceptable terms and subject to approval as to form by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of November, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOAAK, Mayor ATTEST: • BRIDGETT %AUER, City Clerk • RESOLUTION NO. 109-98 AUTHORIZING A ONE YEAR WAIVER FROM QUALIFYING AS A COMMERCIAL FISHING VESSEL FOR EXISTING COMMERCIAL SLIP HOLDERS FOR THE 1998 CALENDAR YEAR THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay requires all existing "City" commercial slip holders to qualify as a commercial fishing vessel under by City Council Resolution No. 23-91, and; WHEREAS, 1998 has seen an unprecedented combination of poor market conditions and limited quotas/season which have put some local fisherman in the position of having difficulty in qualifying to retain their City commercial slip assignment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay hereby authorizes a special one-time exception for all existing commercial slip holders from qualifying as a commercial fishing vessel in 1998 which will not count against the slip holders allowed 2 exemptions in any 10 year period PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23' day of November, 1998, by the following vote: • AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None • CATHY NOVA, MAYOR • RESOLUTION NO. 108-98 APPROVAL OF A TWO YEAR LEASE AGREEMENT FOR LEASE SITE 144/144W BETWEEN THE CITY OF MORRO BAY AND CHUCK AND SANDRA MARCIEL, dba M&M REFRIGERATION 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 144/144W; and, WHEREAS, Chuck and Sandra Marciel, dba M&M Refrigeration are the current lessees of said Lease Site and are in compliance with the terms of the current lease agreement; and, WHEREAS, the existing lease agreement on said Lease Site will expire on December 31, 1998; and, WHEREAS, the City and the Marciels wish to enter into a two year lease agreement on said Lease Site to allow for continuation of the critical waterfront business and to allow for negotiation of a long term lease for the site which will provide for repairs of the building and dock on the Lease Site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a three year lease agreement for Lease Site 144/144W between the City of Morro Bay and Chuck • and Sandra Marciel, dba M&M Refrigeration is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute said lease agreement for Lease Site 144/144W. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of November, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None BRIDGETT B ER, CITY CLERK 49 C!E&:,L�- a CATHY NO K, MAYOR 11 • • 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 Charles and Sandra Marcial currently doing business as M&M Refrigeration, 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 patties hereto recognize and agree that on July 17, 1964, the CITY of Morro Bay, Lessor herein, succeeded to all of the right, title and interest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and WHEREAS, judgment has been entered on October 14, 1968, in the case of CITY of Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, #30417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above, passed automatically to the CITY of Morro Bay upon the date of its incorporation as a CITY on the 17thday of July, 1964; and WHEREAS, TENANT accepts the within lease with full knowledge that there is no warranty of title in and to the within described premises by CITY to TENANT; and WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for the accommodation of those using Morro Bay Harbor, CITY leases to TENANT the within described property upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the covenants to be performed and the rental to be paid by TENANT to CITY, CITY leases to TENANT, and TENANT leases from CITY, the premises herein called "said premises" in the CITY of Morro Bay, County of San Luis Obispo, State of California, described as follows: Lease Site 144/144W This property is delineated on Parcel Map of the CITY of Mono Bay No. 68-30, which map was recorded on October 10, 1968, in Book 3, Page 10 of Parcel Maps in the Office of the County Recorder, San Luis Obispo County, California. A copy of said Map is attached hereto as Exhibit A and made a part hereof by reference. Article I FIXED TERM Section 1.01 Term 4001 The term of the lease shall be a period of two (2) years, commencing January 1, 1999 an terminating without notice on December 31, 2000, unless sooner terminated as herein provided 4 2 Section 1.02 No Extensions The term of this lease shall not be extended nor shall this lease be renewed. Requests for . continued use of the premises 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 terms, covenants, conditions and rent schedules. Section 1.03 Hold Over Should TENANT hold the demised premises after the expiration of the term of this lease with the consent of the CITY, express or implied, such holding over (in the absence of a written agreement between CITY and TENANT with respect thereto) shall be deemed to create a tenancy from month to month, terminable on thirty (30) days written notice from either parry 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 term, covenant and condition of this lease. TENANT shall indemnify and hold CITY harmless from any and all loss or liability, including, but not limited to, claims of succeeding TENANTS, resulting from TENANTS . failure to surrender possession of the demised premises upon termination of this lease during, at the end, or after expiration of the term hereof. Article 2 RENT Section 2.01 Minimum Rent TENANT agrees to pay to CITY in addition to the additional sums specified herein below, a minimum guaranteed annual rental for the use and occupancy of said premises of Four • Thousand Six Hundred Thirty Two Dollars and Seventy One Cents ($4632.71) per year payable in advance in equal semiannual installments on the first days of January and July of each year commencing January 1, 1999. 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 itime designate by written notice delivered to TENANT. Section 2.02 Annual CPI Adiustment to Minimum Rent The parties agree that on the first day of July after the date hereof and each July 1 thereafter the minimum guaranteed annual rental shall be increased or decreased in direct .. proportion to any upward or downward movement from the Consumer Price Index for January 1, 1998, which is hereby agreed to be 161.0. 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 31 st. 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 3 • - index in its place, then said substituted index shall be used for the purpose of adjusting the ... minimum rental for the leased premises. Section 2.03 Percentage Rental ...: A. In addition to the minimum guaranteed annual rental specified hereinabove TENANT agrees to pay to CITY at the time and in the manner hereinafter specified, as rent for the use and occupancy of said premises an additional sum equal to Five Percent (5/6) of TENANT'S gross sales, hereinafter defined less the amount of the minimum guaranteed rental paid pursuant to Section 2.01, 2.02, and 2.03 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 premises by TENANT, his subleasees, licensees, or concessionaires, both for cash and on credit including, but not limited to, rentals of dockage space, leasing and servicing operations „ and ticket sales, and if on credit whether or not payment be actually made therefore, all charges for services, alterations or repairs made in or upon said premises; the gross amount received by TENANT for merchandise sold pursuant to orders received in said premises, though filled elsewhere; and the gross amount received by TENANT from any and all other sources of income - derived from the business conducted upon said premises. C. Notwithstanding the provisions of Section 2.04 A. of this lease, 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 premises where TENANT must account for and remit the taxes to the government entity or entities by which they are imposed. D. TENANT shall keep or cause to be kept full, complete, and accurate records, and books of account in accordance with accepted accounting practices showing the total amount of gross sales, as defined herein, made each calendar month in, on or from said premises. TENANT - shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Furthermore, TENANT shall at the time of sale and in the presence of the customer cause the full selling price of each piece of merchandise, _ -- each rental received and each service rendered in, on or from said premises to be recorded in a cash register or cash registers that have cumulative totals and are sealed in accordance with standard commercial practices. Said records, books of account and cash register tapes, including " .. any sales tax reports that TENANT may be required to furnish any government or governmental '. agency shall at all reasonable times be open to the inspection of CITY, CITY'S auditor, or other .. authorized representative or agent of CITY. TENANT consents to the release of sales tax information to CITY and on demand will furnish to CITY a copy of the sales tax reports, quarterly reports and any audit reports of sales for confidential internal use of the CITY in determining gross sales for TENANT. TENANT • _ consents and authorizes CITY to request such information directly from the State Board of Equalization or other state agency with which sales tax information is filed. E. By July 31, of each year TENANT shall furnish CITY with a statement, to be certified by TENANT as current, true and accurate, which shall set forth the gross sales (as 4 L • 0 defined herein) of each department, sub -lessee, licensee and concession operating in, on or from said premises for the previous twelve (12) calendar months, ending June 30, just concluded, and the authorized deductions, if any, therefrom; and with it TENANT shall pay to CITY the amount of the additional rental which is due to CITY as shown thereby. If TENANT shall at any time cause an audit of sales of TENANTS business to be made by a public accountant, TENANT shall famish 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 (100/0) or more, CITY shall not only be entitled to recovery from TENANT all costs of audit and review but shall also be entitled to recovery from TENANT a penalty equal to two times the percentage of gross sales rent due pursuant to this lease on such unreported amounts. F. CITY shall be entitled at any time within five years after the receipt of any such additional rental payment, to question the sufficiency of the amount thereof and/or the accuracy of the statement or statements famished by TENANT to justify the same. For the purpose of enabling CITY to check the accuracy of any such statement or statements, TENANT shall for said period of five (5) years after submission to CITY of any such statement keep all of TENANT'S records, including sales tax returns, all cash register tapes and other data which in any way bear upon or are required to establish in detail TENANTS gross sales of merchandise and services and any authorized deductions therefrom as shown by any such statements and shall upon request make the same available to CITY for examination. Section 2.04 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 lease is signed, whichever is greater, on the amount of the rent, exclusive of the penalty, from the date on which rent first became delinquent until paid. The tern "rent" includes any sums advanced by the CITY and any unpaid amounts due from TENANT to the CITY. Article 3 USE OF PREMISES Section 3.01 Permitted Use Said premises shall, during the term of this lease, be used for the purpose of operating and conducting thereon and therein the following: Marine refrieemtiontreoair, welding, metal fabrication and boat dockage. and for uses normally incident to and directly allied to such purpose and for no other purpose. • • C1 J Section 3.02 Unauthorized Use TENANT agrees to allow only those uses authorized in Section 3.01 herein above and that any unauthorized use thereof shall constitute a breach of this agreement and shall, at the option of CITY terminate this lease. In the event said premises are used for uses other than those specifically authorized herein, then in addition to all other remedies allowed by law or authorized elsewhere in this lease, CITY shall be entitled to receive from TENANT and TENANT shall be required to pay to CITY an additional rent calculated as a percentage of the "gross sales" as defined herein, accountable to such unauthorized use, which is equal to twice what such percentage would have been had such use been authorized in advance. Said additional rent shall be retroactive to the commencement of such unauthorized use and shall continue until the unauthorized use is abated. The parties agree and understand that the collection and acceptance by CITY of this additional rental, shall not, in any way be deemed a waiver nor estoppel of CITY'S right to require abatement of the unauthorized use or at CITY'S option to pursue any other remedies available at law or equity. In the event the parties cannot agree on whether a use is authorized by this lease, the parties shall appoint a three member committee whose determination of that issue shall be final. Each party shall appoint one member and those two members shall appoint the third. Section 3.03 Operation of Business - Hours of Operation Failure to actively and diligently conduct the business authorized herein, constitutes a breach of the agreement and shall, at the option of CITY terminate this lease. A. TENANT shall during the term of this lease conduct business of the nature specified in Section 3.01 of this lease on said premises in an efficient and diligent manner and keep said premises open for the conduct 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 premises shall be closed and the business of TENANT is temporarily shut down for a period not to exceed 14 calendar days in any calendar year to make necessary minor or major repairs, maintenance or other construction deemed necessary by TENANT. Further this provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down as authorized or required by the CITY Administrator or on account of strikes, walkouts, or causes beyond the control of TENANT or for not over three (3) days out of respect to the memory of an officer, employee, or close relative of any officer or employee of TENANT. B. TENANT shall operate TENANT'S business on said premises with due diligence and efficiencyand 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 TENANTS business; and TENANT at all times shall carry on said premises, a stock or merchandise of such size, character, and quality as is reasonable, designed to produce the maximum return to TENANT, when sales of goods and merchandise are a permitted purpose of this lease. Section 3.04 Competition During the term of this lease, TENANT shall not directly nor indirectly engage in any similar or competing business within a radius of five (5) miles from the location of said premises, provided, however, that TENANT may, with prior written approval from CITY, own or operate more 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 6 • business owned by TENANT within the CITY but not upon a CITY lease site from which CITY is paid rent based on gross sales. Section 3.05 Tidelands Trust TENANT shall use and occupy said premises in complete compliance with the Tidelands Trust purposes under which said premises or any portion thereof are held by CITY pursuant to the grants from the State of California as set forth hereinabove. Section 3.06 Compliance with Law TENANT shall, at his sole cost and expense, comply with all of the requirements of all local, municipal, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises all local, municipal and county ordinances and state and federal statutes, rules and regulations now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the admission of TENANT in any action or proceeding against TENANT, whether CITY be.a party thereto or not, that TENANT has violated any such ordinance, statute, rule or regulation in the use of the premises shall be conclusive of that fact as between CITY and TENANT. Section 3.07 Waste or Nuisance TENANT shall not commit or permit the commission by others of any waste on said premises; TENANT shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined by law on said premises; and TENANT shall not use or permit the use of said premises for any unlawful purpose. Article 4 CONSTRUCTION, ALTERATION AND REPAIRS Section 4.01 Construction Approval TENANTShall not make or permit any other person to make any alterations or structural additions or structural modifications to said premises or to any structure thereon or facility appurtenant thereto if the cost thereof shall exceed five thousand ($5,000) dollars, without the written consent of CITY first had and obtained as follows: Prior to the commencement of any phase of future construction, TENANT shall submit to the Morro Bay Planning Department for approval and recommendation to the CITY Council, a development and improvement plan for the leased premises which shall provide for the full and complete development of the leased premises, showing all facilities, structures, landscaping or other improvements to be constructed or installed on each portion of the lease premises or facilities appurtenant thereto, and shall include a detailed estimate of the cost of construction, and installation of such improvements and a detailed schedule showing the proposed commencement and completion date of each phase of the development and improvement. Where required by the Morro Bay Municipal Code, California Coastal Act, Corps of Engineers or any other agency having authority over the proposed project, Conditional Use Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any other required plans or permits shall be applied for and/or approved prior to any construction, alteration or repairs. 7 • • Section 4.02 Construction Bond Prior to the commencement of any construction the cost of which is greater than the amount of $10,000, TENANT shall file with the Morro Bay CITY Clerk a final detailed Civil Engineer's, Registered Architect's or Licensed and Bonded General Contractor's estimate of the cost of construction and installation of improvements on the leased premises. Said estimate must be submitted to the CITY Engineer for approval. TENANT shall file with the Morro Bay CITY Clerk a faithful performance bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to One Hundred percent (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 labor and materials bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to fifty percent (50%) of the final detailed cost estimate, securing the payment of all claims for the performance of labor or services on, or the 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 4.03 Mechanics' Liens At all times during the term of this lease, TENANT shall keep said premises and all buildings and improvements now or hereafter located on said premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to said premises. TENANT further agrees to at all times, save 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 premises, and the cost of defending against such claims, including reasonable attorney's fees. Should TENANT fail to pay and discharge or cause said premises to be released from such liens or claim of liens within ten (10) days after the 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. Section 4.04 Ownership of Improvements The parties agree that at the termination of this lease, however occurring, TENANT shall have 60 days thereafter to remove all structures, facilities, installations, improvements and other property belonging to TENANT from the leased premises. The parties further agree that CITY also has the option and right to require TENANT to remove all structures, installations, improvements of any kind or other property belonging to or placed upon the leased premises by TENANT at the termination of this lease, however occurring, providing CITY gives notice, in writing, no later than 30 days prior to the termination of the lease, of its decision to require that such improvements be removed. If CITY exercises such option and TENANT fails to remove such installations or improvements within 60 days after the termination of this lease, CITY shall have the right to have such installations or improvements removed at the expense of TENANT. If neither TENANT nor CITY exercise its option to g remove or require the removal of as the case may be the improvements and installations, then • title to such installations, structures and improvements shall vest in CITY and TENANT shall not remove same. Article 6 HYPOTHECATION OF LEASE - CITY shall not be responsible for notifying any lien or security interest holder in the ' property of any default in the performance of the lease by TENANT unless the lien or security '. interest holder shall have previously registered with and notified CITY of such lien or security .. interest and filed with the City Clerk a copy of same. Article 6 REPAIRS, MAINTENANCE AND RESTORATION Section 6.01 Maintenance by TENANT '.... At all times during the term of this lease, TENANT shall, at TENANT'S own cost and expense, keep and maintain said premises. and all improvements now or hereafter on said . premises in good order and repair and in a safe and clean condition. Furthermore, TENANT . shall, at TENANT'S own cost and expense, maintain at all times during the term of this lease the whole of said premises as well as any improvements, landscaping, or facilities thereon in a clean, sanitary, neat, tidy, orderly and attractive condition. . CITY may, at the sole option of CITY, clean and clear said premises, at TENANT'S cost and expense, in the event TENANT fails to clean and clear said premises in accordance with this Section to the satisfaction of CITY after fifteen (15) days written notice to TENANT from CITY of CITY's intent to exercise this option. • Section 6.02 Seawalls and Revetment At all times during the term of this lease, TENANT shall at TENANT'S own cost and expense repair, maintain, replace and rebuild as necessary, the improvements, pilings, bulkheads, ". seawalls, revetment, piers, posts and any structures or other improvements located in the water portion of the lease premises. Further TENANT shall at TENANT'S own cost and expense - conduct maintenance surveys at reasonable intervals to locate and determine needed repairs. Section 6.03 Requirements of Governmental Agencies .: At all times during the term of this lease, TENANT, at TENANTS own cost and expense, shall: (1) Make all alterations, additions, or repairs to said premises or the improvements or facilities on said premises required by 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 premises or the improvements or facilities �- located thereon; (3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law _ prior to the instigation of any repair or maintenance activity. (4) Indemnify and hold CITY and the property of CITY, including said premises, free . and harmless from any and all liability, loss, damages, fines, penalties, claims and actions ` . resulting from TENANT'S failure to comply with and perform the requirements of this section. • 9 Section 6.04 Failure to Repair In the event failure to repair results in a hazardous or unsafe condition, CITY shall have the right and option but not the obligation to close and prohibit access to the unsafe portion of the leased premises until such repairs are completed and accomplished and the premises rendered safe for public use. Failure by CITY to enforce any of the provisions of this Article shall not constitute a waiver of these provisions and CITY may at any time enforce all of the provisions of this Article, requiring all necessary repairs, rebuilding or replacement. Section 6.06 TENANT'S Duty to Restore Premises Should, at any time during the term of this lease, any buildings or improvements now or hereafter on said premises be destroyed in whole or in part by fire, theft, the elements, or any other cause not the fault of CITY, this lease shall continue in full force and effect and TENANT, at TENANTS 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 original construction work on said premises set forth in Article 4 of this lease. Section 6.06 Inspection by CITY TENANT shall permit CITY or CITY'S agents, representatives, or employees to enter said premises at all reasonable times for the purpose of inspecting said premises to determine whether TENANT is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect CITY'S interest in said premises under this lease or to perform CITY'S duties under this lease. Section 6.07 Option to Terminate Lease for Destruction Notwithstanding the provision of Section 6.05 of this lease, TENANT shall have the option of terminating this lease on the last calendar day of any month by giving CITY at least thirty (30) days prior written notice of TENANTS intent to do so and by removing, at TENANTS own cost and expense, all debris and remains of the damaged improvements from said premises where: (1) Any buildings or improvements now or hereafter on said premises are so damaged or destroyed by fire, theft, the elements, or any cause not the fault of TENANT or CITY during the last fifteen (15) years of the term of this lease that they cannot be repaired and restored as required by Section 6.05 of the lease 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 premises. (2) Any buildings or improvements now or hereafter on said premises are so damaged or destroyed by fire, theft, the elements, or any cause not the fault to TENANT or CITY during the last ten (10) years of the term of this lease that they cannot be repaired and restored as required by Section 6.05 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 premises. to • • Section 6.08 Application 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 said premises 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 6.05 of this lease; provided, however, that should TENANT exercise the option given TENANT by Section 6.07 of this lease to terminate this lease because of damage to or destruction of buildings or improvements on said premises, 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 toward the reduction of the unpaid principal balance of the obligation secured and discharging said premises from any then outstanding encumbrance or encumbrances incurred by TENANT pursuant to Article 5 of this lease; and (2) 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 fee estate of the damaged or destroyed buildings or improvements. Article 7 INDEMNITY AND INSURANCE Section 7.01 Indemnity Agreement TENANT shall indemnify and hold harnless CITY and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees and litigation expenses arising out of TENANT's occupation and use of said premises, caused in whole or in part by any negligent act or omission of TENANT, and sublessee, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of CITY. Section 7.02 Insurance Reauirements TENANT shall at TENANTS own cost and expense, secure promptly after the execution of this lease and maintain during the entire term of this lease insurance requirements as set forth in Exhibit `B", Insurance Requirements for Lessees, and such other insurance as required by law. Lack of insurance does not negate TENANT's obligation under this lease. Section 7.03 Deposit of Insurance with CITY TENANT shall within ten (10) days after the execution of this lease and thereafter, whenever any such policy is replaced, rewritten, or renewed, deliver to CITY insurance documents specified in Section 7.02. Failure to obtain, keep or renew required insurance or failure to provide CITY verification of any insurance required by this lease shall be a violation hereof subject to default and remedies as outlined in Section 11. Section 7.04 Specific Perils to be Insured Notwithstanding anything to the contrary contained in Section 7.02 of this lease, the insurance required by Section 7.02 of this lease shall, whether or not included in the standard extended coverage endorsement mentioned in Section 7.02, insure all buildings, improvements, and other structures on said premises, as well as any and all additions thereto, against loss or destruction by water damage, windstorm, cyclone, tomado, 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 7.02 of this lease during the construction of said building project described in Article 5 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. • • • W Section 7.05 No Subrogation TENANT agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, TENANT shall look solely to its insurance for recovery. TENANT hereby grants to CITY, on behalf of any insurer providing insurance required under this lease to either TENANT or CITY with respect to the occupation of use of premises by TENANT, a waiver of any right to subrogation which any insurer of TENANT may acquire against CITY by virtue of the payment of any loss under such insurance.. Article 8 TAXES AND UTILITIES Section 8.01 TENANT to Pay Taxes TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed to TENANT on the lease premises by reason of said lease or of any equipment, appliances, improvement, or other development of any nature whatsoever, erected, installed, or maintained by TENANT or by reason of the business or other activity of TENANT upon or in connection with said premises. TENANT shall pay all possessary interest taxes applicable to the lease premises. Section 8.02 TENANT to Pay License and Permit Fees TENANT shall pay any fees imposed by law for licenses or permits for any business or activities including construction of TENANT upon the leased premises. Section 8.03 Utilities TENANT shall pay, or cause to be paid, and hold CITY and the property of CITY including said premises free and harmless from all charges for the furnishing of gas, water, electricity, telephone service, and for other public utilities to said premises during the term of this lease and for the removal of garbage and rubbish from said premises during the term of this lease. Article 9 CONDEMNATION Section 9.01 Total Condemnation If tide and possession to all of the premises 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 possession of the premises is taken, 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 9.02 of this lease. Section 9.02 Condemnation Award Any compensation or damages awarded or payable because of the taking of all or any portion of said premises by eminent domain shall be allocated between CITY and TENANT as follows: (1) All compensation or damages awarded or payable for the taking by eminent domain of any land that is part of the said premises shall be paid to and be the sole property of CITY free and clear of any claim of TENANT or any person claiming rights to said premises through or under TENANT. (2) All compensation or damages awarded or payable which is specifically attributed by the taking party to the "good will' of TENANTS business shall be paid to and be the sole property of TENANT. 12 • 0 (3) All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said premises taken by eminent domain where only a portion of said premises 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 9.04 toward the replacement of such improvements with equivalent new improvements on the remaining portions of said premises. (4) All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said premises taken by eminent domain where this lease is terminated because of the taking by eminent domain, whether all or only a portion of said premises is taken by eminent domain, shall be allocated between CITY and TENANT as follows: (a) That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of the taking, not expired shall belong to and be the sole property of TENANT. (b) That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of the taking, expired shall belong to and be the sole property of CITY. (c) The term "time of taking" as used in this subparagraph shall mean 12:01 a.m. of, whichever shall first occur, the date title or the date physical possession of the portion of said premises on which the improvements are located is taken by the agency or entity exercising the eminent domain power. (5) Any severance damages awarded or payable because only a portion of said premises is taken by eminent domain shall be: (a) The sole and separate property of TENANT during the first two (2) years of the term of this lease; (b) Equally divided, except to the extent needed to replace any improvements taken by eminent domain with equivalent improvements on the remaining portion of said premises where TENANT cannot or does not terminate this lease, between CITY and TENANT during the second to third (2;" to P) years of the term of this lease; and (c) The sole and separate property of CITY during the last year of the term of this lease. Section 9.03 Termination for Partial Taking Should, during the term of this lease, title and possession of only a portion of said premises be taken for any public or quasi -public use under any statute, or by right of eminent domain, TENANT may, at TENANT'S option, terminate this lease by serving written notice of termination on CITY within ninety (90) days after TENANT has been deprived of actual physical possession of the portion of said premises taken for such public use. This lease shall terminate on the fast 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 premises or any portion of said premises created by TENANT under this lease shall also terminate and said premises 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 premises 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 9.02 of this lease, under this lease. 13 C • • Section 9.04 Rent Abatement for Partial Taking Should, during the term of this lease, title and possession of only a portion of said premises be taken under the power of eminent domain by any public or quasi -public agency or entity and TENANT does not terminate this lease, then this lease shall terminate as to the portion of said premises taken under eminent domain on the date actual physical possession of the portion taken by eminent domain is taken by the agency or entity exercising the eminent domain power. Furthermore, the rent payable under this lease shall, as of that time, be reduced in the same proportion that the value of the portion of said premises taken by eminent domain bears to the full value of said premises at that time; provided, however, that TENANT shall replace any improvements or facilities with equivalent new facilities on the remaining portion of said premises and do all other acts at TENANTS own cost and expense required by the eminent domain taking to make the remaining portion of said premises fit for the use specified in this lease. Section 9.05 Conveyance in Lieu of Eminent Domain A voluntary conveyance by CITY, with the consent of TENANT, of title to all or a portion of said premises to a public or quasi -public agency or entity in lieu of and under threat by such agency or entity to take the same by eminent domain proceedings shall be considered a taking of title to all or such portion of said premises under the power of eminent domain subject to the provisions of this Article. Article 10 ASSIGNMENT AND SUBLEASING Section 10.01 No Assignment Without CITrS Consent Except as provided in Section 10.02 of this lease, TENANT shall not assign or otherwise transfer this lease, any right or interest in this lease, or any right or interest in said premises or any of the improvements that may now or hereafter be constructed or installed on said premises without the express written consent of CITY evidenced by resolution first had and obtained. Any assignment or transfer by TENANT without the prior written consent of CITY, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this lease. A consent by CITY to one assignment shall not be deemed to be a consent to any subsequent assignment of this lease by TENANT. CITY shall not unreasonably nor arbitrarily withhold it's approval to the assignment or transfer of this lease to an assignee who is financially reliable and qualified to conduct the business for which this lease was granted. It is mutually agreed that the personal qualifications of the person named herein as TENANT is a part of the consideration for granting of this lease and said party does hereby agree to maintain active control and supervision of the operation conducted on said premises. Section 10.02 Transfer of Stock as Assignment Should TENANT be a corporation, an unincorporated association, or a partnership, or should TENANTS interest in this lease be assigned to a corporation, an unincorporated association, or a partnership, pursuant to Section 10,01 of this lease, any transfer or assignment of any stock or interest in the corporation totaling in the aggregate more than forty (40) percent of all such stock or interest in the corporation shall be considered an assignment of this lease requiring the prior written consent to CITY; provided, however, that a transfer from TENANT to a corporation of which TENANT owns 100% of the shares and any transfer of shares to a shareholder's spouse, children, or grandchildren caused by the shareholder's death shall be excepted from this provision. 14 Section 10.03 Application for Assignment A condition of an assignment shall be TENANT shall file with the CITY an application • to assign the leasehold prepared by the prospective assignee. Concurrently with filing the application, TENANT shall pay a fee in cash or certified or cashier's check to enable CITY " adequately to investigate the proposed assignee's qualifications as a permitted assignee. CITY " shall not be required to account for the use of the sum paid. If the proposed assignee's net worth on the date of assignment is not sufficient to reasonably guarantee successful operation of the leased premises, CITY may require TENANT to guarantee such assignee's obligations hereunder for such period as CITY deems advisable. Net worth shall mean the amount by which the total of all assets shall exceed the total of all liabilities as determined in accordance with general accepted accounting principles as approved by CITY'S auditor, or other authorized representative - or agent. Section 10.04 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 pemtitted without the consent of the CITY, evidenced by resolution, first had and obtained. Section 10.06 No Sublease Without CITY'S Consent TENANT shall not sub -lease the whole nor any part of the lease premises, or suffer any other person (the agents and employees of TENANT excepted) to occupy or use the leased premises, or any portion thereof, without the written consent of CITY evidenced by resolution first had and obtained. A consent to one subletting, occupation, or use by another person shall • not be deemed to be a consent to any subsequent subletting, occupation, or use by another person. Any such subletting without CITY'S written consent shall be void, and shall at CITY'S option, terminate this lease. City shall not unreasonably nor arbitrarily withhold its consent to one who is qualified and financially reliable. Section 10.06 Tenn of Sublease ., In no event shall the term of any sublease extend beyond the term of this master lease. Termination of this lease prior to the expiration of this lease tern shall also terminate any and all subleases, provided, however, that CITY may, at CITY'S option by mailing written notice to a .. subtenant, allow any subtenant to attom to CITY and continue his or her occupancy on said premises as a TENANT of CITY. Section 10.07 SubTenant Subject to Lease Terns Any and all subleases shall be expressly made subject to all the terms, covenants, and _ conditions of this lease. A breach of the terms of this lease by a sub -tenant or sub -lessee shall constitute a breach on the part of TENANT and shall subject both the sub -tenant and TENANT to all the remedies provided to CITY herein and by law. Failure to report and pay the agreed percentage of gross sales as provided herein by any sub -tenant shall constitute a breach of this lease. TENANT hereby agrees to and does guarantee payment of such percentage rentals due by a subtenant under the terns of this lease. • is • • • Section 10.08 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 malting the CITY of Morro Bay a third party beneficiary, in a form acceptable to CITY, whereby the sub -lessee agrees to be bound by all of the terms, covenants and conditions of this lease. Further, it is agreed by TENANT that any default by the sub -lessee of any of the terms, covenants and conditions of the master lease shall be deemed to be violations by TENANT of the master lease and that all remedies of CITY for such violation, including termination of the master lease, shall immediately be enforceable by CITY against TENANT. Further, it is agreed that TENANT must apply any and all monies received from any. sub -tenant first to the payment of obligations of the sub -TENANT to CITY. Section 10.09 TENANT Remains Liable Prior to approval by CITY to any sub -lease hereof, TENANT shall agree to be primarily and jointly and severally Gable to CITY for all obligations due CITY by any sub -lessee, including the payment of rents, and TENANT shall agree that CITY may proceed directly against TENANT for any obligation owing CITY by the sub -lessee. Section 10.10 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 premises. Article 11 DEFAULT AND TERMINATION Section 11.01 Abandonment by TENANT Should TENANT breach this lease and abandon said premises prior to the natural expiration of the term of this lease, CITY may continue this lease in effect by not terminating TENANTS right to possession of said premises, in which event CITY shall be entitled to enforce all CITYS rights and remedies under this lease including the right to recover the rent specified in this lease as it becomes due under this lease. Section 11.02 Termination for Breach by TENANT All covenants and agreements contained in this lease are declared to be conditions to this lease and to the term hereby demise to TENANT. Should TENANT default in the performance of any covenant, condition, or agreement contained in this lease and the default not be cured within thirty (30) days after written notice of the default is served on TENANT by CITY, then CITY may terminate this lease immediately, and that in the event of such termination, TENANT shall have no further rights hereunder and TENANT shall thereupon forthwith remove from said premises and shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the leased premises subject to appropriate legal process. Section 11.03 Termination for Failure to Pay Rent If any default be made in the payment of rental as herein provided and such default shall not be cured within three (3) days after written notice thereof, CITY shall have the option to immediately terminate this lease; and that in the event of such termination, TENANT shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the leased premises subject to appropriate legal process. 16 • • E Section 11.04 Beneficiary May Cure Default CITY shall afford the beneficiary in any security instrument of record with CITY on the demise premises the right to cure any default by TENANT of the covenants, conditions, or agreements hereof, within the period hereinabove mentioned after written notice thereof, which said period shall be computed from the date said notice is mailed by the CITY to said beneficiary, by certified mail. Section 11.05 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 terns, conditions, and covenants of this lease, 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. Section 11.06 Damages for Breach Should TENANT default in the performance of any covenant, condition or agreement contained in this lease and the default be incurable or not be cured within the time period set forth hereinabove, then CITY may terminate this lease and: (1) Bring an action to recover from TENANT: (a) The worth at the time of award of the unpaid rent which had been earned at the time of termination of the lease; (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the lease until the time of award exceeds the amount of rental loss that TENANT proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that TENANT proves could be reasonably avoided; and (d) Any other amount necessary to compensate CITY for all detriment proximately caused by TENANT'S failure to perform his obligations under this lease; and (2) Bring an action, in addition to or in lieu of the action described in subparagraph (1) of this section, to re-enter and regain possession of said premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 11.07 Cumulative Remedies The remedies given to CITY in the Article shall not be exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this lease. Section 11.08 Waiver of Breach The waiver by CITY of any breach by TENANT of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by TENANT either of the same or a different provision of this lease. Section 11.09 Surrender of Premises On expiration or sooner termination of this lease, TENANT shall surrender said premises, all improvements in or on said premises, and all facilities in any way appertaining to said premises, to CITY in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. 17 • .0 • Article 12 MISCELLANEOUS Section 12.01 Attorney's Fees Should any litigation be commenced between the parties to this lease concerning said premises, this lease, or the rights and duties of either in relation thereto, the party, CITY or TENANT, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for his attorney'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 12.02 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: M&M Refrigeration 1287 Embarcadem Morro Bay CA 93442 Such addresses may be changed by written notice by either party to the other party. Section 12.03 Governing Law This lease, and all matters relating to this lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this lease or any decision or holding concerning this lease arises. Section 12.04 Binding on Heirs and Successors Subject to the provisions herein relating to assignment and subletting each and all of the terns, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and permitted assigns of any and all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Section 12.05 Partial Invalidity Should any provision of this lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding. Section 12.06 Sole and Only Agreement This instrument constitutes the sole and only agreement between CITY and TENANT respecting said premises, the leasing of said premises to TENANT, or the lease terms herein specified and correctly sets forth the obligation of CITY and TENANT to each other as of its date. Any agreements or representations respecting said premises, their leasing to TENANT by CITY, or any other matter discussed in this lease not expressly set forth in this instrument are null and void. No modification, amendment, or alteration of this lease shall be valid unless it is in writing and signed by both parties. Section 12.07 Modification This agreement shall not be modified except pursuant to a written agreement executed by the MAYOR and CITY CLERK pursuant to prior CITY Council approval. Notwithstanding CITY Council approval, no agreement shall become effective until such agreement is in fact executed by the MAYOR and CITY CLERK. TENANT understands that this agreement may not be modified by oral statements by any person representing the CITY including the MAYOR 18 • • 0 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 12.08 Time of Essence Time is expressly declared to be the essence of this lease. Section 12.09 Memorandum of Lease for Recording Neither party, CITY or TENANT, shall record this lease 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 lease for purposes of, and in a form suitable for, being recorded. The memorandum or "short form" of this lease shall describe the parties, CITY and TENANT, set forth a description of the leased premises, specify the term of this lease, and shall incorporate this lease by reference. Section 12.10 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 November 23 , 19 98 , at Morro Bay San Luis Obispo County, California. CITY OF MORRO BAY TENANT MAYOR CHARLES MARCIEL 4AERA MARCIEL ATTEST: BRIDGE AUER CITY CLERK ROBERT SCHULTZ„Lj ITY ATTORNEY EXHIBIT A �77 t. Ll • • EXHIBIT B CITY OF MORRO BAY 595 Harbor St. Morro Bay, CA 93442 (805) 772-6200 (805) 772-7329 FAX INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS) Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or,damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Minimum Scope of Insurance Coverage shall be at least as broad as:. 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance (for lessees with employees). 3. Property insurance against all risks of loss to any tenant improvements or betterments. Minimum Limits of Insurance Lessee shall maintain limits no less than: Spec C 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. City of Mono Bay Insurance Requirements for Lessees Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the Lessee. 2. The Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be • excess of the Lessee's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage Lessee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before use of City premises. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Spec C .City of Morro Bay Insurance Requirements for Lessees Sub -lessee Lessee shall include all sub -lessees as insureds under its policies or shall furnish separate certificates and endorsements for each sub -lessee. All coverages for sub -lessees shall be subject to all of the requirements stated herein. Insurance\spmc Rev. 9/98 • is Spec C WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY SUBMIT IN DUPLICATE SPECIAL ENDORSEMENT For City of Morro Bay PRODUCER POLICY INFORMATION Insurance Company: Policy No.: Policy Period: (from) (to) OTHER PROVISIONS Telephone: NAMEDINSURED -LAMS: Underwriter's representative for claims pursuant to this insurance. EMPLOYERS LIABILITY LIMITS $ (Each Accident) Name: E (Disease - Policy Limit) E (Disease - Each Employee) 4ddress: relephone: ( ) n consideration of the premium charged and notwithstanding any Inconsistent statement In the policy to which this endorsement is attached or any endorsement iow or hereafter attached thereto, it is agreed as follows: I. CANCELLATION NOTICE. This Insurance shall not be canceled, except after thirty (30) days prior written notice by receipted delivery has been given to the City. 2. WAIVER OF SUBROGATION. This Insurance company agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City. Except as stated above, nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER AUTHORIZED REPRESENTATIVE ❑ Broker/Agent ❑ Underwriter ❑ City of Morro Bay I, (print/type name) warrant that I have 595 Harbor St. • authority, to bind the above -mentioned insurance company, and by my signature hereon Morro Bay, CA 93442 do so bind this company to this endorsement . (805) 772-e200 Signature (original signature required) Telephone: ( ) Date Signed 1 'nw. 9/99 • • Reproduction of Insurance Services Office, Inc. Form • INSURER: ISO Form CG 20 10 22 85: (Modified) POLICY NUMBER: Commercial General Liability ENDORSEMENT NUMBER: EXHIBIT 1-A • THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE City of Morro Bay 595 Harbor St Morro Bay, CA 93442 (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section D) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. to ISO form CG 20 101185: The insured scheduled above includes the Insured's officers, officials, employees and volunteers. This insurance shall be primary as respects the insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with iL The insurance afforded by this policy shall not be canceled except after thirty days prior written notice by certified mail return receipt requested has been given to the City. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of section 2782 of the Civil Code. Signature -Authorized Representative Address • CG 20 10 1185 Insurance Services Office, Inc. Form (Modified) Insurance\Form#1 Rev. 9/98 CERTIFICATE OF INSURANCE ISSUE DATE (MMmorcY) City of Morro Bay PRODUCE_ R THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THE CO GE AFFORDED BY THE POLICIES SELOW. BESTS COMPANIES RATING COMPANY LETTER A COMPANY NSURED LETTER B COMPANY LETTER C COMPANY LETTER D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tv TR TYPE OFINSURANCE POLICY NUMBER DAM (MMIOO -n DATE (Muvoo" ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERALAGGREGATE $ PRODUCTS-COMPMPAGGREGATE s ❑ COUMERCMLGENERALLWSSJTY. PERSONAL SAOVERTISING INJURY f ❑ ❑ CLAWS MADE ❑ODLTNR. EACH OCCURRENCE It ❑ OWNER'SSCONTRACTORSPROT, FIRE DAMAGE(AR/ a a be) f ❑ MEO.EXPENSE(AM.p ) f AUTOMOBILE LIABILITY COMBINED SINGLE It ❑ AWAUTO LIMIT BODILY INJURY f ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS (Per IXAM) BODILY EUURY s ❑ HREOAUTOS ❑ NON4WNED AUTOS (Per ecmem ❑ GARAGE l/ABILJTY PROPERWDAMAGE EXCESS LIABILITY EACH OCCURRENCE s AGGREGATE f Cl UMSRELLAFORM ❑ OTHERTWWUMBRELIAFORM ❑ WORKER'S COMPENSATION STATUTORYUMITS f EACH ACCIDENT i AND DISEASE -POLICY UNIT f EMPLOYERS'LIABILITY DISEASE - EACH EMPLOYEE S F PROPERTY INSURANCE AMOUNT OF INSURANCE ❑ COURSE OF CONSTRUCTION DESCRIPTION OF OPERATIONS/LOCATION/VEHICLESIRESTRICTIOWSPECIAL ITEMS THE FOLLOWING PROVISIONS APPLY: I. None of the abovedesalbed policies will be canceled until after 30 days' wdtten notice has been given to the City at the address Indicated below. 2. The City, Its officers, officials, employees and volunteers are added as Insureds on all Eabli ty Insurance policies listed above. 3. It is agreed that any Insurance or selfdnsurance maintained by the City will apply In excess of and not contribute With the Insurance described above 4. The City Is named as a loss payee on the property, insurance described above. If any. 5. Ali rights of subrogation under the property Insurance policy listed above have been waved against the City. 6. The workers' compensation Insurer named above, If any, agrees to waive all rights of subrogation against the City for injuries to employees of the Insured resulting from work for Ute City or use of the Citys premises or facilities. CERTIFICATE HOLDERIADDITIONAL INSURED AUTHORIZED REPRESENTATIVE City of Morro Bay SIGNATURE 595 Harbor Street Morro Bay, CA 93442 TITLE (805)772-6200 PHONE NO. IISuran elForm #6 ev. 9198 • _J • RESOLUTION NO. 107-98 Is RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING A REVISED CONFLICT OF INTEREST CODE AND SUPERSEDING RESOLUTIONS IN CONFLICT THEREWITH THE CITY COUNCIL City of Morro Bay, California WHEREAS, pursuant to the provisions of the Government Code Sections 87300 et seq., each agency is required to adopt a Conflict of Interest Code; and WHEREAS, the City of Morro Bay incorporated its Conflict of Interest Codes with the adoption of Resolution No. 84-94 adopted September 12, 1994, Resolution No. 76-76 adopted September 27, 1976, Resolution No. 59-85 adopted June 24, 1985, Resolution No. 10-91 adopted January 28, 1991, and it is in further need of updating; and WHEREAS, the attached document entitled "Conflict of Interest Code for the City of Morro Bay" is adopted as the revised conflict of interest and disclosure code for designated employees of the City of Morro Bay; and • WHEREAS, the Fair Political Practices Commission recommends each agency incorporate Commission Regulations 18730 and 18720 by reference as the body of their Code, and that all changes to the Political Reform Act and to Regulations 18730 and 18720 will automatically be part of the City's Conflict of Interest Code; and WHEREAS, this action will ensure the City's Code will always be up to date and in compliance with the law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, does hereby adopt the revised Conflict of Interest Code attached hereto and incorporated herein by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the th day of September, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None 1 N CATHY NO AK, Mayor ATTEST: outss,n/ BRIDGETVAUER, City Clerk is • 11 CONFLICT OF INTEREST CODE FOR THE CITY OF MORRO BAY The Political Reform Act (Government Code Section 81000, et seq.) requires State and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted two regulations (2 California Code of Regulations Sections 18730 and 18720) which contain the terms of a standard conflict of interest code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Sections 18730, 18720, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. These regulations and the attached Appendix designating officials and employees and establishing disclosure categories shall constitute the conflict of interest code of the City of Mono Bay. Designated employees shall file statements of economic interests with the City which shall make the statements available for public inspection and reproduction (Government Code Section 81008). Statements for other positions designated in this conflict of interest code will be retained by the City. * * Form 700 statements for Article 2 filers (including but not limited to: Mayor, Councilmembers, Planning Commission, City Manager, City Attorney, and Finance Director of the City of Mono Bay) shall be filed with the City who will make and retain copies and forward the original to the Fair Political Practices Commission. • APPENDIX A Designated Position Assigned Disclosure Category Administration: City Clerk 2 Personnel: Personnel Officer/Risk Manager 2,5 Finance: Accountant Information Systems Technician Planning & Building: Planning & Building Director l Associate Planner 3,4 • Chief Building Inspector 3,4 Fire: Fire Chief 1 Fire Captain 2, 3, 6 Harbor: Harbor Director 1 Chief Harbor Patrol Officer 2,3 Police: Police Chief 1 Public Works: Public Works Director l City Engineer Operations Manager • Administrative Assistant 2,8 Wastewater Division Manager Engineering Technician II 2, 3, 4 Mechanic 2 APPENDIX A • Page Two • Designated Position Assigned Disclosure Category Recreation & Parks: Recreation & Parks Director 1 Recreation Supervisors 2 Facilities Supervisor 2 Parks Lead Worker Advisory Boards and Commission: Recreation & Parks Commission 2,3 Harbor Advisory Board 2, 3, 4 Public Works Advisory Board 2, 3, 7, 8 Community Promotions Committee 2,3 Consultants * I * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. APPENDIX B • DISCLOSURE CATEGORIES Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. 1. Designated employees whose duties are broad and indefinable: All sources of income, interests in real property, and investments and business positions in business entities. Interests in real property located in the jurisdiction, including property located within a two mile radius of any property owned or used by the agency. 2. Designated employees whose duties involve contracting or purchasing: Contracts or make purchases for entire agencv: Investments and business positions in business entities, and sources of income, which provide services, supplies, materials, machinery or equipment of the type utilized by • the agency. Contracts or makes_ purchases for specific department within the agency: Investments and business positions in business entities, and sources of income, which provide services, supplies materials, machinery or equipment of the type utilized by the designated employee's department or division. 3. Agencies with regulatory powers: All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit, or licensing authority of the City of Morro Bay. 4. Designated employees whose decisions may affect real property interests: Investments and business positions in business entities, and sources of income, which engage in land development, construction or the acquisition or sale of real property, and all interests in real property. Interests in real property located within the jurisdiction, including property • located within a two mile radius of any property owned or used by the agency. 5. Agencies which provide pooled self-insurance benefits: • All interests in real property, investments and business positions in business entities, and sources of income from: a. Persons or entities which provide services, supplies, materials, machinery or equipment of the type utilized by the agency. b. Entities which are engaged in the business of insurance including, but not limited to, insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters, claims managers, and actuaries. C. Financial institutions including, but not limited to, banks, savings and loan associations and credit unions. d. Entities or persons who have filed a claim, or have a claim pending, against the agency. 6. Agencies which provide medical services: Investments and business positions in business entities and income from sources which provide medical services, including but not limited to privately owned • hospitals, medical clinics, laboratories, pharmacies, and ambulance companies. Investments and business positions in business entities and income from sources which manufacture, sell or distribute medical equipment or services of the type leased or loaned by the City of Morro Bay to ambulance services, medical services such as police, sheriff, and fire rescue units, trauma centers and emergency rooms. Investments and business positions in business entities and income from sources of the type providing training for persons engaged in medical service programs. 7. Agencies which provide water storage/usage: All interests in real property. All investments and business positions in any business entity and income from any source which is: 1) a private water company; or 2) an entity or person engaged in farming, real estate development, or an owner of real property. Investments and business positions in business entities and income from sources which contract for the delivery of concessions or services on behalf of the district by virtue of the district's authority. 8. Agencies which provide solid waste disposal: • Investments and business positions and sources of income of the type which: Manufacture, sell or provide supplies, materials, machinery, services or equipment utilized by the agency. Interests in real property located within the jurisdiction, including property located within a two-mile radius of any property that is or may be used as: A disposal site, transfer station or resource recovery facility in which the designated official/employee provides planning or technical assistance or has enforcement branch responsibilities. • 0 • RESOLUTION NO. 106-98 A RESOLUTION CONSENTING TO A CHANGE IN OWNERSHIP OF CHARTER COMMUNICATIONS INC. TO PAUL G. ALLEN THE CITY COUNCIL City of Morro Bay, California WHEREAS, on January 27, 1986 the Mono Bay City Council adopted Ordinance No. 277 enacting a cable television ordinance governing the operation and regulation of non- exclusive franchise cable television systems in Morro Bay; and WHEREAS, by authority of Ordinance 277 the City Council passed Resolution No. 10-86 granting a non-exclusive cable television franchise to Sonic Cable Television of San Luis Obispo for the service area of the municipal and corporate boundaries of Mono Bay; and WHEREAS, the City Council passed Resolution No. 36-98 on April 27, 1998 granting Charter Communications Properties LLC's request for transfer of the franchise and agreement from Sonic Cable Television of San Luis Obispo to Charter Communications • Properties LLC (CCP); and WHEREAS, on July 30, 1998, the City received a facsimile stating that Charter Communications Inc. had entered into an agreement to be acquired by Paul G. Allen, co- founder of Microsoft; and WHEREAS, on August 27, 1998 Charter Communications Inc. submitted to the City, FCC Form 394, an application for franchise authority consent to assignment or transfer of control of the cable television franchise to Paul G. Allen; and WHEREAS, CCP, with which the City has a cable television franchise, is a one hundred percent (100%) wholly owned subsidiary of Charter Communications Inc., and it is this "parent" company that is being acquired by Mr. Allen; and WHEREAS, the Assistant City Attorney has examined the FCC Form 394 and determined that while the "parent" company for CCP would change in ownership, the day to day operations and management of CCP would remain unchanged, as CCP would still hold the franchise after the change in ownership, and as such, does not have any legal objections to a change in ownership of Charter Communications Inc. to Mr. Allen; and • WHEREAS, the City Finance Director has examined financial statements provided in the FCC Form 394, rendering the opinion that a transfer from Charter Communications Inc. to Mr. Allen would not weaken the financial position of the local operating company, and finds no reason to object to a change in ownership transfer. • Resolution No. 106-98 Consenting to a Change in Ownership of Charter Communications Inc. to Paul G. Allen NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Morro Bay, California does hereby consent to a change in ownership of Charter Communications Inc. to Paul G. Allen. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of November, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOVAK, Mayor ATTEST: BRIDGEJ BAUER, City Clerk • 0 RESOLUTION NO. 105-98 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE FISCAL YEAR 1997-98 MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, on March 10, 1997 the City Council adopted Resolution No. 19-97 to set fees and charges for the City of Morro Bay; and WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of providing those services; and WHEREAS, the City Council desires to amend the existing fee schedule to decrease the Planning & Building Department sign exception permit fees for A -frame signs and other similar off -premise signs only; NOW, THEREFORE, BE IT RESOLVED that effective upon adoption of this resolution, Resolution No. 19-97 shall be amended to add a reduced sign exception permit fee of $25.00 for A -frame sign and other similar off -premise sign application requests. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 23rd day of November, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None �c.� nJ rv-•� CATHY NOVhK, Mayor ATTEST: BRIDGETT UER, City Clerk • • RESOLUTION NO. 104 -98 A RESOLUTION AND EASEMENT AGREEMENT GRANTING TO 459 CHORRO CREEK ROAD, APN 073-131-018, AN ACCESS EASEMENT FROM CHORRO CREEK ROAD UPON CITY OWNED PROPERTY, APN 073-131-017, Parcel 2 APN 073-131-018: A PORTION OF LOTS 4 AND 5, MANFORD BROWN LITTLE RANCHES, ACCORDING TO MAP RECORDED MARCH 18, 1927 IN BOOK 3, PAGE 90 OF MAPS APN 073-131-017: PARCEL 1 AND 2 OF 2515 O.R. 933 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the owner of 459 Chorro Creek Road has been using City property to access the home at said address; and WHEREAS, a policy of title insurance cannot be issued for said address until a legal easement for ingress and egress is granted ; and • WHEREAS, granting of said easement by the City will not create additional financial burden nor time to the City; and WHEREAS, the owner has agreed to the terms of the attached Easement Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does grant on behalf of the public an easement for ingress and egress to 459 Chorro Creek Road pursuant to the attached Easement Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of November, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None n CATHY TWAK, Mayor ATTEST: • BRIDGET AUER, City Clerk • • • NOV-0- IM 11:U0AM HUM h ASSUUTAItS M/094-IM Recording requested by and when recorded return to: CITY OF MORRO BAY 595 Harbor Street Morro Bay, CA 93442 805/772-6261 No.6342 P. 2 SPACE ABOVE MS LIM FOR RECORDERS USE EASEMENT AGREEMENT This Agreement is entered into on by and between The City of Morro Bay, hereinafter referred to as "Grantor," and Federal National MortM4ge Association, hereinafter referred to as "Grantee." 1. Grantor is the owner of certain real property situated in the County of San Luis Obispo, State of California, (hereafter referred to as the "Servient Tenement") and more particularly described as follows: A.P.N. 073-131-017 by deed recorded August 29, 1983 in Book 2313, Page 933 of Official Records. Z. :Grantee is the owner of certain real property situated in the County of San Luis Obispo, State of California, (hereafter referred to as the "Dominant Tenement"), and more particularly described as follows: A.PN. 073-131-018. 3. Grantee desires to acquire certain rights in the Servient Tenement. . 4. In consideration for the sum of ten dollars ($10.00) payable by Grantee to Grantor, Grantor grants to Grantee an easement, subject to the terms of this Agreement. S. This easement is appurtenant to the Dominant Tenement. 6. The easement granted in this Agreement is an easement for ingress and egress over and across Parcel 2 of the Servient Tenement as attached to this Easement PAGE I OF 3 Nov•20, 1998 11:O5AM HUNT & ASSOCIATES 805/594-1295 No-6342 P. 3 Agreement. This easement shall be used solely for road purposes by Grantee -and Grantee's heirs and assigns. For purposes of this Agreement "ingress and egress" means use for and by moving vehicular traffic for any purpose connected with the use of the Dominant Tenement. This right of ingress and egress does not include parking. No parking shall be permitted on the Dominant Tenement. 7. The easement granted in this Agreement shall be for and will continue for so long as it is used for the purposes described above. 8. Grantee's use of the easement granted in this Agreement shall be exclusive. Notwithstanding the terms of this provision, Grantor reserves the right to use the Servient Tenement in a manner consistent with Grantee's free use and enjoyment of the easement. 9. Grantee and Grantee's heirs and assigns shall maintain the easement in good repair, at Grantee's sole cost and expense. 10. The Grantee and Grantee's heirs shall defend, indemnify and save harmless Grantor, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance and attempted performance of these provisions hereof, or in any way arising out of or related to this Agreement, including, but not limited to, inverse condemnation, equitable relief or any wrongful act or any negligent act or omission to act on the part of the Grantee or Grantee's heirs, agents, employees, or independent contractors directly responsible to the Grantee or Grantee's heirs, providing further that the foregoing shall apply to any wi ngful acts, or any activity or passively negligent acts or omission to Grantee's agents, employees or independent contractors. Nothing contained in the foregoing indemnity provisions shall be.construed to require the Grantee to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. PAGE 2 or 3 • • Nov.20. 1998 11:05AM HUNT & ASSOCIATES 805/594-1295 No.6342 P. 4 11. If any legal action or proceeding arising out of or relating to this • Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs and expenses incurred in the action or proceeding by the prevailing party. 12. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the above easement. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the Grantor and Grantee. City of Morro -My, Grantor Jerry SattMer • "��—���--- Vice president Federal National Mortgage Association, Grantee • PAGE 3 of 3 01 STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On November 23, 1998, before me, Bridgett Bauer, City Clerk for the City of Morro Bay, personally appeared Cathy Novak, Mayor for the City of Morro Bay, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. • Bridgett Bat, City Clerk . City of Morro Bay, California 0 NOV-16-1998 13:19 CENTURY 21 PME)< 805 473 6673 P.05 QUINTANA Rnen 20' SCALE:1'==D' O1 PTN. LOTS 4 & 5; 3 M.B. 90 459 CHORRO CREEK ROAD A.P.N. 073-131-018 FEDERAL NATIONAL MORTGAGE ASSOCIATION O2 PARCEL 1 OF 2515 O.R. 933 A.P.N. 073-131-017 CITY OF MORRO BAY Q PARCEL 2 OF 2515 O.R. 933 A.P.N. 073-131-017 CITY OF MORRO BAY NOV-16-1998 13:19 CENTURY 21 P11gEY( 805 473 6673 P.06 RECORDING REQUESTED BY:. Fidelity National Title Company Escrow No. 1191 a4 Me Order No. 1191" When Recorded Mad Document and Tax Statement To: Federal National Mortgage Association C/O Fleet Mortgage Group, Inc. 11200 West Parkland Milwaukee, Wi. 53224 EASEMENT DEED The undersigned grdntor(si declare(s) Documentary trensfar tax is 90.00 City Transfer Tax $0.00 ) computed on full value of property conveyed, or ( ) computed on full value less value of liens or encumbrances remaining at time of sale, (X ] Unincorporated Area City of FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Morro Bay.a Municipal Corporation hereby GRANT(S) to Federal National Mortgage Association the following described real property in the City of County of San Luis Obispo, State of Canfomia: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF 6AT6: October 1, 1998 STATE OF CAUFORNIA COUNTY OF ON before me, personally appeared personally known to me (or proved to me on the bass of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/herhheir authorized capecity(loo), and that by his/her/their slgnature(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. The Chy-of Morro Bay • Signature MAIL TAX STATEMENTS AS DIRECTED ABOVE • FO-213 (Rau 9/94) - GRANT DEED _ NOV-16-1998 13:19 CENTURY 21 ANNEX Es=w No. 113144 . Tlds Order No: 115144 805 473 6673 P.07 • E EXHIBIT ."ONE" That portion of Lots 4 and 5 of Manford Brown Little Ranches, In the County of San Luis Obispo, State of California, according to map recorded March 18, 1927 in Book 3, Page 90 of Maps, In the office of the County Recorder of said County, described as follows: Beginning at a point from the Northeast corner of said Lot 4, which bears South 30 01' West, 857.05 feet and North 860 59' West 20 feet; Thence North 30 01' East 20 feet along the Road Right of Way along the East line of Lot 4; Thence North 86e 59'.West, 375.88 feet to a point of Intersection of the East line of property recorded to Robert N. Ashurst, September 26, 1960 In Book 1085, Page 447 of Official Records; Thence South 3e 01' West, 10 feet along said property line to the Southeast comer of this property; Thence North 86e 59' West 187.84feet to Intersect with the West Line of Lot 5 of Manford Brown Little Ranches; Thence South.30 01' West 10 feet along said line of Lot 5; Thence South 860 59' East 563.50 feet to the point of beginning. TOTAL P.O? • RESOLUTION NO. 103-98 RESOLUTION SCHEDULING A PUBLIC HEARING REGARDING ENLARGING THE BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 6 THE CITY COUNCIL City of Morro Bay, California WHEREAS, by Resolution No. 33-98, the City Council did establish Underground Utility District No. 6; and, WHEREAS, Pacific Gas and Electric Company has determined the area defined as Underground Utility District No. 6 in Resolution No. 33-98 does not meet the criteria for undergrounding as a Rule 20A project; and, WHEREAS, it has been recommended that to meet the criteria the boundaries of Underground Utility District No.6, hereinafter called District, be enlarged to encompass the following area: All the Public right-of-ways located in the City of Morro Bay within the real property • described as follows: Beginning at the northeast comer of Block 2, Morro Heights, as shown on a map recorded May 11, 1922, in Volume 3 of Maps, Page 4, said point being the True Point of Beginning; thence, S89Fb5'W, 1884.0% thence, N0010'W, 424.43', along the easterly right-of-way line of Main Street; thence, NOOYE, 1356.0', along the northerly right -of way line of Harbor Street; thence, SCP24'E, 344.0% thence, N005'E, 530', more or less, along the northerly right-of- way line of Morro Bay Boulevard to its intersection with the westerly right-of-way line of Bernardo Avenue extended; thence, S(P24'E, along said right-of-way line returning to the True Point of Beginning. NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. NOTICE IS HEREBY GIVEN that a public hearing shall be held by the City Council of the City of Morro Bay on January 11, 1999, at 6:00pm in the Veteran's Hall, to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar service in the District described above. • 2. At such hearing all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as determined by the City Council. Resolution No. 103-98 Page Two • 3. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities at least thirty (30) days prior to the date thereof. 4. The area proposed to be included in the District is shown on that certain map entitled Underground Utility District No. 6 (Revised), which is on file in the office of the City Clerk of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 23rd day of November, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ATTEST: BR[DGEtt BAUER�­City Clerk 0 3,IVWAL- CATHY NOV ,MAYOR a• -,ram J00 \J t Z Y� rr •j 3AVI OONVNH39 cco p1Y I J I I a Q O � .. is )IIuvci I =39i=_ �� Map=- , o. L- cc AVM I'A3NId •,, co C> Mow& "' I• `J C gat..t.�J l ruvNs I 1s O �� L a 1 � -r• rN t••'p•I•v! •• ♦dVN Q •. L O I oo 0 o I I-�A - x a tea.•M4 (3431NON b 3 11 w F.I pf 1' RIF I I 1 �IV _�• _I I NIVW = N MINIMI F-MT-MT-07 a mini • RESOLUTION NO. 102-98 A RESOLUTION AUTHORIZING EXECUTION OF AIR POLLUTION CONTROL DISTRICT MOTOR VEHICLE EMISSION REDUCTION GRANT AGREEMENT TO PURCHASE ONE (1) ADA ACCESSIBLE TROLLEY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay needs to replace its thirteen (13) year old trolley; and WHEREAS, in April 1998, the City submitted a grant application to the Air Pollution Control District (APCD) for a Motor Vehicle Emission Reduction (MOVER) grant to aid the City with its local share for the purchase of one (1) trolley; and WHEREAS, the APCD Board took action on July 22, 1998 to award a MOVER grant to the City of Morro Bay in the amount of $10,000 for the purchase of said trolley; and WHEREAS,on October 26, 1998, the City Council authorized execution of an agreement with the State of California Department of Transportation for a Section 5311f capital assistance grant in the amount of $160,000 for the purchase of two (2) Morro Bay Dial -A -Ride paratransit • vehicles ($80,000) and one (1) ADA accessible trolley ($80,000); and WHEREAS, the City of Morro Bay has local matching funds available in its fiscal year 1998/1999 budget in the amount of $20,000 for the purchase of said trolley. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the City Manager to execute Air Pollution Control District Motor Vehicle Emission Reduction Fund Agreement No. 98-18 for the purchase one (1) ADA accessible trolley. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 9th day of November 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOAAK, Mayor . ATTEST: BRIDGET AUER, City Clerk (C'T'J) Agreement No. 98_18 • • • AGREEMENT This Agreement is made and entered into this day of 1998, by and between the SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT, an air pollution control district formed pursuant to the laws of the State of California (District), and the I� • u • :: • 1� • :. • lulzl►1 WITNESSETH WHEREAS, the California Clean Air Act (CCAA) requires local air pollution control districts to reduce emissions from motor vehicles; and, WHEREAS, AB 2766, codified in California Health and Safety Code section 44223, authorizes districts to levy a fee of up to Four Dollars ($4) upon certain registered motor vehicles within the district, and the board of directors of the District has levied said fee; and, WHEREAS, AB 2766 requires districts to use said funds for activities related.to reducing air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Cleaq Air Act of 1988; and, WHEREAS, the District Board appointed the Motor Vehicle Emission Reduction Screening Committee to review proposals for eligible projects for the purpose of making funding recommendations to the District Board; and, WHEREAS, on July 23, 1997, after considering the recommendations of the Screening Committee, the District Board approved for funding those projects deemed to be most suitable and best meeting the goals of Health and Safety Code sections 44220 through 44247; and, WHEREAS, the Contractor has proposed a project that meets the eligibility criteria of the District and that has been approved by the District for funding; and, WHEREAS, the Contractor represents that it is willing and able to perform the activities set forth herein. • NOW, THEREFORE, based on their mutual promises, covenants, and conditions, the parties hereby agree as follows: 1. PROJECT Contractor shall perform all activities and work necessary to implement and complete the project set forth in the proposal which is attached hereto and incorporated herein as Exhibit A. Contractor agrees to furnish all labor, materials, equipment, licenses, permits, fees, and other incidentals necessary to perform and complete, per schedule, in a professional manner, the services described herein. Contractor represents that Contractor has the expertise necessary to adequately perform the project specified in Exhibit A. In the event of any conflict between or among the terms and conditions of this Agreement, the I. exhibits incorporated herein, and the documents referred to and incorporated herein, such conflict shall • be resolved by giving precedence in the following order of priority: 1. To the text of this Agreement 2. Exhibit A to this Agreement 3. To the 1998 Motor Vehicle Emissions Reduction Program For San Luis Obispo County Request for Proposal (RFP) prepared by District. 2. PERIOD OF PERFORMANCFA IMETABLE Contractor shall commence performance of work and produce all work products in accordance with the work schedule and deadlines for performance identified in Exhibit A, page A-5 unless this Agreement is terminated sooner as provided for elsewhere in this Agreement. If requested by District, Contractor shall submit regular progress reports, at intervals determined by District, detailing the work performed during the current reporting period; work planned for the next reporting 10 • period; problems identified, solved, and/or unresolved; and the percentage of each task completed. Contractor shall provide District with a comprehensive final written report prior to the end of the contract term. Said final'report shall document the work performed under this Agreement. 3. COMPENSATION The total obligation of District under this Agreement shall riot exceed Ten Thousand Dollars Contractor shall obtain through other sources sufficient additional monies to fund the total cost of the project as outlined in Exhibit A, page A--L. Satisfactory written evidence of such funding commitments shall be provided to District prior to the release by District of any funds under this Agreement. In the event funding from other sources for the total cost of the project as outlined in Exhibit A, page A -I. is not received by Contractor, District reserves the right to terminate or P ' • re -negotiate this Agreement. In that event, if requested by District, Contractor shall return any District funds advanced. A. Payments: Only expenditures incurred by Contractor in the direct performance of this Agreement will be reimbursed by District. Allowable expenditures are specifically established and included in Exhibit A, page -A1. Payments by District to Contractor for any services detailed in Exhibit A shall be permitted only after said services have been satisfactorily rendered, and after a written request and claim from Contractor for such payment has been received by District. Said written request shall set forth the work completed in the claim period and shall include copies of any and all invoices or financial records needed to verify that stated costs have been incurred by Contractor. Invoices and supporting records shall be submitted to District no more often than once every three months, unless prior approval for a greater 0 frequency has been given by APCD. Claims and all supporting documentation shall be submitted to the San Luis Obispo County Air Pollution Control District, Planning Section, 3433 Roberto Court, San Luis Obispo, California 93401, Attention: Randy LaVack. • .District shall pay Contractor within thirty (30) calendar days after receiving a request for payment and verifying that services have been satisfactorily completed as cited in the invoice. The amount to be paid to Contractor under this Agreement shall include all sales and use taxes incurred pursuant to this Agreement, if any, including any such taxes due on equipment purchased by Contractor. Contractor shall not receive additional compensation or reimbursement for such taxes, and the payment of taxes shall not in any manner decrease any of the work or services cited in Exhibit A. B. Surplus Funds: Any part or all of a payment by. District to Contractor, which is not utilized for any reason by Contractor to pay costs pursuant to the terms and conditions of this Agreement or as detailed in a claim by Contractor, shall be refunded to District within 30 days after the end of the project term defined in 2. above. C. Close-out Period:. All final claims for repayment shall be submitted by Contractor to • District within sixty (60) days following the final month of activities for which payment is claimed. No action will be taken by District on claims submitted beypnd the 60-day close-out period. 4. NON -ALLOCATION OF FUNDS The terms of this Agreement and the services to be provided thereunder are contingent on the approval and appropriation of funds by the APCD Board. Should sufficient funds not be allocated, the services provided may be modified or this Agreement may be terminated at any time by District after giving Contractor thirty (30) days' notice in writing. 5. INDEPENDENT CONTRACTOR In performance ofthe work, duties, and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees, will at all times be acting and performing as an independent contractor Cl and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of District. Furthermore, except for requirements specifically stated in this • Agreement, District shall have no right to control, supervise or direct the manner or method by which Contractor shall perform its work and function. However, District shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and District shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to District employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, itself all legally required employee benefits. In addition, Contractor shall be solely responsible and save District harmless from all matters relating to payment of • Contractor's employees, including compliance with social security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to District or to t{ is Agreement. 6. TERNUNATION A. Breach of Agreement: District may immediately suspend or terminate this Agreement, in whole or in part, wherein the determination of District there is: 1. An illegal or improper use of funds; 2. A failure to comply with any term.of this Agreement; 3. A substantially incorrect or incomplete report submitted to District; or 4. Improperly performed services. In no event shall any payment by District constitute a waiver by District of any breach of this 0 Agreement or any default which may then exist on the part of Contractor. Neither shall such payment impair or prejudice any remedy available to District with respect to the breach or default. District shall have the right to demand of Contractor the repayment to District of any funds disbursed to Contractor under this Agreement which in the judgment of District were not expended in accordance with the terms • of this Agreement. Contractor shall promptly refund any such funds upon demand. In addition to immediate suspension or termination, District may impose any other remedies available at law, in equity, or otherwise specified in this Agreement: B. Without Cause: Either party may terminate this Agreement at any time after giving the other party at least thirty (30) days' advance written notice of intention to terminate. In such case, Contractor shall, subject to paragraph 3, be paid the reasonable value of all services satisfactorily rendered and actual, reasonable costs incurred up to the time of the termination. Upon such termination, all the work produced by Contractor shall be promptly delivered to District. MODIFICATION Any matters of this Agreement may be modified from time to time by the written consent of all • the parties without in any way affecting the remainder. 8. . NON -ASSIGNMENT Neither party shall assign, transfer, or subcontract this Agreement, nor their rights or duties under this Agreement, without the. prior express, written consent of the other party. 9. INDEMNIFICATION Contractor agrees to indemnify, save, hold harmless, and at District's request, defend District, its boards, committees, representatives, officers, agents, and employees from and against any and all costs and expenses (including reasonable attorneys' fees and litigation costs), damages, liabilities, claims, and losses (whether in contract, tort, or strict liability, including, but not limited to, personal injury, death, and property damage) occurring or resulting to District which arises from any negligent • R or wrongful acts or omissions of Contractor, its officers, agents, subcontractors, or employees in their performance of this Agreement. • 10. INSURANCE A. Without limiting District's right to obtain indemnification from Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement: 1. Commercial general liability insurance with minimum limits of coverage in the amount of One Million Dollars ($1,000,000) per occurrence; 2. Commercial automobile liability insurance which covers bodily injury and property damage with a combined single limit with minimum limits of coverage in the amount of One Million Dollars ($ 1,000,000). per occurrence; 3. Workers' compensation insurance in accordance with California law. • B. Such insurance policies shall name District, its officers, agents, employees, individually and collectively, as additional insured (except workers' compensation insurance), but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance, and any other insurance maintained by District, its officers, agents, and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be canceled or changed without a minimum of thirty (30) days' advance, written notice given to District. C. Prior to the commencement of performing its obligations under this Agreement, Contractor shall provide certifications of insurance on the foregoing policies, as required herein, to District, stating that such insurance coverages have been obtained and are in full force; that District, its officers, agents, and employees will not be responsible for any premiums on the policies; that such insurance names • District, its officers, agents, and employees, individually and collectively, as additional insured (except workers' compensation insurance), but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance maintained by District, its officers, agents, and employees, shall be excess only and not • contributing with insurance provided under Contractor's policies herein. This insurance shall not be canceled or changed without a minimum of thirty (30) days' advance, written notice given to District. D. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, District may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. E. If Contractor is a government entity, then it may self -insure such of those risks identified in paragraphs IO.A.1-I O.A.3 of this Agreement, provided, however, that: 1. District, its officers, agents, and employees, individually and collectively, shall be named as additional insured (except for workers' compensation insurance) on Contractor's self-insurance plans, P Out only insofar as the operations under this Agreement are concerned; • 2. Such self-insurance plans shall be reasonably satisfactory to District; and 3. All those provisions identified in subparagraph I O.0 of this Agreement concerning the relationship of Contractor's primary and District's excess insurance to each other, the requirement of Contractor delivering a certificate of insurance or other suitable evidence to District, and the cancellation/change of insurance requirements shall apply to such self-insurance plans. 11. AUDITS AND INSPECTIONS Contractor shall at any time during regular business hours, and as often as District may deem necessary, make available to District for examination all of its records and data with respect to the matters covered in this Agreement. Contractor shall, and upon request by District, permit District to audit and inspect all of such records and data necessary to ensure Contractor's compliance with the terms of this Agreement. 0 Contractor shall be subject to an audit by District or its authorized representative to determine if • the revenues received by Contractor were spent for the reduction of pollution as provided in AB 2766 and to determine whether said funds were utilized as provided by law and this Agreement. If, after audit District makes a determination that funds provided Contractor pursuant to this Agreement were not spent in conformance with this Agreement or AB 2766 or any other applicable provisions of law, Contractor agrees to immediately reimburse District all funds determined to have been expended not in conformance with said provisions. Contractor shall retain all records and data for activities performed under this Agreement for at least three (3) years from the date of final payment under this Agreement or until all state and federal audits are completed for that fiscal year, whichever is later. If this Agreement exceeds Ten Thousand Dollars ($10,000), Contractor shall be subject to the examination and audit of the auditor general fora period of three (3) years after final payment under • contract (Government Code 10532). 12. NOTICES The persons and their addresses having authority to give and receive notices under this Agreement are as follows: CONTRACTOR ,i�; � i� �� � yr• DISTRICT Robert W. Carr Air Pollution Control Officer 3433 Roberto Court San Luis Obispo, CA 93401 Any and all notices between District and Contractor provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to 0 one of the parties, or in lieu of such personal service, when deposited in the United States mail, postage prepared, addressed to such party. • 13. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided under this Agreement shall be used for any political activity, or to further the election or defeat of any candidate for public office. 14. LOBBYING PROHIBITED None of the funds provided under this Agreement shall be used for publicity, lobbying, or propaganda purposes designed to support or defeat legislation before the. Congress of the United States of America or the Legislature of the State of California. 15. CONFLICT OF INTEREST No officer, employee, or agent of District who exercises any function or responsibility for planning and carrying out the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. Contractor shall comply with all federal and state conflict • of interest laws, statutes, and regulations, which shall be applicable to all parties and beneficiaries under this Agreement and any officer, agent, or employee of District. 16. GOVERNING LAW This Agreement shall be governed in all respects by the laws of the State of California. Venue for any action arising out of this Agreement shall only be in San Luis Obispo County, California. 17. BINDING ON SUCCESSORS This Agreement, including all covenants and conditions contained herein, shall be binding upon and inure to the benefit of the parties, including their respective successors -in -interest, assigns, and legal representatives. 10 l J 18. TIME IS OF THE ESSENCE • It is understood that for Contractor's performance under this Agreement, time is of the essence. The parties reasonably anticipate that Contractor will, to the reasonable satisfaction of District, complete all activities provided herein within the time schedule outlined in the attachments to this Agreement, provided that Contractor is not caused unreasonable delay in such performance. 19. DATA OWNERSHIP. Upon termination or expiration of this Agreement, all data which is received, collected, produced, or developed by Contractor under this Agreement shall become the exclusive property of District, provided, however, Contractor shall be allowed to retain a copy of any non -confidential data received, collected, produced, or developed by Contractor under this Agreement, subject to District's exclusive ownership rights stated herein. Accordingly, Contractor shall, if requested, surrender to District all such data which is in its possession (including its subcontractors or agents), without any • reservation of right or title, not otherwise enumerated herein. District shall have the right at reasonable times during the term of this Agreement to inspect and reproduce any data received, collected, produced, or developed by Contractor under this Agreement. No reports, professional papers, information, inventions, improvements, discoveries, or data obtained, prepared, assembled, or developed by Contractor, pursuant to this Agreement, shall be released or made available (except to District) without prior, express written approval of District while this Agreement is in force. 20. NO THIRD -PARTY BENEFICIARIES Notwithstanding anything else stated to the contrary herein, it is understood that Contractor's services and activities under this Agreement are being rendered only for the benefit of District, and no other person, firm, corporation, or entity shall be deemed an intended third -party beneficiary of this Agreement. • 11 21. SEVERABILITY In the event that any one or more of the provisions contained in this Agreement shall for any • reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Agreement, and the Agreement shall then be construed as if such unenforceable provisions are not a part hereof. 22. SPECIAL CONDITIONS The entire proposed project must be completed within one (1) year of contract execution. 23. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between Contractor and District with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of • the day and year first hereinabove written. CONTRACTOR M 9 M. • : • r��.r LM Print Name and Title Tax I. D. Number DISTRICT SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT LM 12 Robert W. Carr Air Pollution Control Officer Approved as to legal form: 1 District �.....b District Counsel \\ • Motor Vehicle Emission Reduction Program — QR 1 CA I I -AAc i-- — 1998 RFP • ATTACHMENT 3 EXHIBIT SUMMARY SHEET/ COVER PAGE (This is a summary only. All detailed information requested in the RFP must also he supplied) Applicant (include other participating entities): City of Morro Bay Brief Project Description: The proposed project would be the purchase of a trolley to be used as the primary route vehicle, replacing the City's current 13 year old trolley. Contact Person; janeen Burlingame, Administrative Assistant, Public Works Department Address: 595 Harbor Street, Morro Bay, CA 93442 Phone:(805) 772-6261 Total Project Budget: MOVER Funds Matching Funds Total Project Costs Materials $ - $ Personnel $ - $ - $ - • Other (Vehicle) $ 20,000 $ 80,000 $ 100,000 Type of Project: _ Technology Based _ Public Education g Trip Reduction _ Research . Plan Development _ Transportation Control Measure (TCM) Implementation Area for Project: Within Morro Bay City limits Performance Measures: A. Total Emissions Reduced (tons ofNOx, ROG, PM,o): 2701.6271.lbs. (1.35 tons) over 10 year life B. Cost Effectiveness (cost per ton of reductions): $96.41/lb, over 10 year life C. Useful Lifespan of Project (in years): 10 years • D. Estimated Audience Reached: Estimated 19,300 passengers each year (193,000 over 10 years) SANLUISOBISPOCOUN7YAPCD 16 FEBRUARY 9,1998 A�l Air Pollution Control District - Motor Vehicle Emission Reduction (MOVER) Program 1998 Request for Proposal from The City of Morro Bay • I. Resolution/Authorizing Letter The City of Morro Bay City Council approved Resolution No. 24-98 at its regular meeting of March 23, 1998 authorizing the application for the Air Pollution Control District's Motor Vehicle Emission Reduction (MOVER) Program (see Exhibit A) to request funding to aid in the purchase of a new trolley. II. Project Description The City of Morro Bay Public Works Department is proposing the purchase of a new trolley. The new trolley would be replacing the current 13 year old trolley as the primary route vehicle. The City's trolley operates within Morro Bay city limits. The current trolley is a 1985 P30 Chevrolet motor home with a Molly Trolley conversion, a 454 gas engine, no catalytic converter and capacity for 32 passengers. The City proposes to purchase a new trolley that has at least the same passenger capacity as the current trolley and has a gas engine, although staff is analyzing the pros and cons of an electric trolley. The City's trolley season runs from Memorial Day weekend to Harbor Festival weekend which is the first weekend in October (approximately four months). The trolley system is • a fixed route that travels between the downtown and waterfront areas and is designed to provide an alternate means of transportation for citizens of and visitors to Morro Bay. The trolley operates on weekdays and weekends, ranging from 11 a.m. to 7 p.m., during times when there is.increased traffic and tourists in the community. The project would benefit the local community in several ways, as well as support the objectives of the MOVER program. First, the City's trolley provides an alternate means of transportation for citizens of and tourists to Morro Bay that would result in a reduction of motor vehicle emissions, a reduction in vehicles trips taken and a reduction in the vehicle miles traveled. Second, the trolley reduces traffic congestion and helps to alleviate the City's parking problem in the downtown and waterfront areas. With regards to the regional community, the trolley stops at City Park where regional transit buses stop to pick up and drop off passengers in Morro Bay. Since this is the only regional stop in Morro Bay, the trolley can provide local transportation to those individuals who wish to commute to or visit Morro Bay by using regional transit to get to Morro Bay and then using the trolley to get to the downtown and waterfront areas in the City. Currently, the trolley route runs from City Hall, past the Mono Bay Library through the downtown, along the waterfront, to Mono Rock and the beach, to Tidelands Park and the boat launch, then back through the downtown to City Hall. The trolley route is • approximately four and a half miles for one loop (see Exhibit B) and takes approximately thirty minutes to complete. City of Mom Bay Proposal for 1998 MOVER Program t P' The proposed project would compliment the present transit conditions by continuing to encourage citizens and tourists in Morro Bay to use an alternate means of transportation • thereby reducing vehicle emissions, vehicle trips and vehicle miles traveled, reducing traffic congestion and alleviating the parking problem for the downtown and waterfront area. In addition, the proposed project would result in a further reduction of vehicle emissions by replacing the current 13 year old trolley as the primary route vehicle. Aside from the initial capital investment from the City's General Fund to purchase the current trolley, the trolley has operated a self-sufficient service for the past four years. All expenses for operation and maintenance of the trolley are offset by revenue generated from sponsorships, advertising, rentals and farebox revenue. The City of Morro Bay owns the trolley and the City's Vehicle Maintenance division repairs and maintains the vehicle. III. Project Background and Organization The City of Morro Bay public Works Department is a municipal agency that provides a wide variety of services ranging from streets, transit, water and wastewater. The City of Morro Bay operates the following two public transportation services to citizens in Morro Bay: Morro Bay Dial -A -Ride and the trolley. Both MBDAR and the trolley provide an alternative mode of transportation that results in reduced emissions, reduced vehicle trips and reduced vehicle miles traveled by the citizens living in and tourists visiting Morro Bay. The City of Morro Bay's Dial -A -Ride service is a door-to-door, demand -response public • transit system serving the general public, including disabled/mobility impaired individuals, resulting in reduced emissions, vehicle trips and vehicle miles traveled by citizens of and visitors to Morro Bay. MBDAR was the first demand -response public transit system in San Luis Obispo County and has been operating since May 2, 1977. The City of Morro Bay's trolley service is a fixed route public transportation service linking the downtown and waterfront areas, resulting in reduced emissions, vehicle trips and vehicles miles traveled by the citizens of and tourists visiting Morro Bay. The City of Morro Bay began operating the trolley as a pilot program in May 1994 and adopted the trolley as a permanent transit service at the City Council's March 10, 1997 Council meeting. As one can see, the City of Morro Bay is committed to the objectives of the MOVER program by providing alternative means of transportation for citizens and tourists in Morro Bay that result in reduced emissions, vehicle trips and vehicle miles traveled, reduced traffic congestion and alleviation of the parking problem in the downtown and waterfront areas. IV. Emission Calculations/Cost Effectiveness The proposed project is estimated to reduce emission pollutants by 2,701 pounds (1.35 tons) over the ten year life of the new trolley to be acquired (see attached Technical Appendix for calculations). • City of Morro Bay �( Proposal for 1998 MOVER Program 2 The City's trolley season runs from Memorial Day weekend to the first weekend in October • (approximately four months) and over the past three seasons the City's trolley has served 57,976 persons during 333 operating days (an average of 174 passengers per operating day). On average, the trolley serves 19,325 persons each season. V. Work Statement The proposed project involves three phases: 1) Request for Qualifications (RFQ) process for trolley vendors with City Council award, 2) purchase and order trolley and 3) acquisition of trolley. Phase 1: RFQ Process and City Council Award An RFQ will be prepared and disseminated within one month after a contract is executed with the Air Pollution Control District for the project (no earlier than September 1998 and no later than November 1998), with bids due one month after the RFQ is disseminated for review and award by the City Council (no earlier than October 1998 and no later than January 1999). Phase 2: Purchase Trolley Once the RFQs are reviewed and the City Council has awarded the bid, staff will begin the process of purchasing the trolley and would occur sometime between November 1999 and January 1999,-depending upon when a contract is executed with the Air Pollution Control • District. This phase should be rather short as it only involves ordering the trolley from the manufacturer. Phase 3: Acquisition of Trolley After the trolley has been ordered, the City will,take acquisition of the new trolley. The time flame for this phase is undetermined at this time. It is unknown how long it would take to acquire the trolley as it depends upon whether there is a trolley with the City's specifications already manufactured and available or if the trolley must be constructed when ordered. Estimated time frame is anywhere from four to ten months from the date ordered (approximately April 1999 to October 1999). VL Funding Request/Cost Breakdown The proposed project for which funding is being requested is the purchase of a new trolley which would replace the City's 13 year old trolley as the primary route vehicle. The City is requesting $20,000 from the MOVER Program to aid the City in funding this project: Total project cost is $100,000 and remaining funds for the proposed project would come from a discretionary Federal Transit Act Section 5311 (formerly FTA Section 18) grant. The City applied for a discretionary Section 5311 grant for the purchase of a new trolley earlier this year. City of Morro Bay Proposal for 1998 MOVER Program A" I Unfortunately, due to budgetary constraints, the City cannot contribute local funding for the proposed project; however, in -kind contributions in the area of staff time commitments can be provided by the Public Works Department. Staff time commitments would include Public Works Director and Administrative Assistant time for overseeing and coordinating this project with the Air Pollution Control District, developing specifications for the trolley the City intends on purchasing, developing and disseminating an RFQ to select a vendor and finally purchasing and acquiring the new trolley. It is intended that the MOVER grant would fund 20% of the total cost for a new trolley and should this project not be award a MOVER grant, funding would have to come from the City's general fund. For the past two years, the City has not been able to budget funding for the purchase of a new trolley due to budgetary constraints and it does not appear likely that the upcoming fiscal year's budget would be any different. In the event that a MOVER grant is not awarded for this project, there is a strong possibility that this project would not be able to occur. VII. Schedule of Deliverables/Self-Monitoring Program The only deliverable item for the proposed project is the delivery of the new trolley. Once the RFQ process has been completed and the trolley has been ordered (between November 1998 and January 1999), the estimated time frame for delivery of the trolley to the City of Morro Bad would be within four to ten months from the date ordered (between April 1999 and October 1999). As mentioned in Section V, this time frame may vary depending upon whether or not there is a trolley already manufactured to the City's specifications. Since the project objective is to purchase a new trolley, there are certain goals that must be reached in order to achieve the project objective: 1) developing the City's specifications, 2) the RFQ process, 3) Council award of the RFQ, 3) ordering the trolley and 4) taking acquisition of the trolley. Each of these goals listed has a target date for completion, as outlined in Section V. The project objective would be measured by whether or not the City has accomplished each of the goals listed above, ultimately ending with the City achieving the project objective of acquiring the new trolley. The City would keep the'Air Pollution Control District apprised of what has transpired at each phase of the project. The City's transit contractor is responsible for keeping records. and providing a monthly report to the City on the trolley's activities that includes the number of passengers riding the trolley, the number of vehicle miles traveled, and the amount of fuel used for each day of operation. This date could be submitted to the Air Pollution Control District on a monthly, quarterly or yearly basis to inform the District as to the number of persons served by the trolley. City of Mono Bay Proposal for 1998 MOVER Program u • Exhibit A RESOLUTION NO.24-98 • A RESOLUTION APPROVING THE APPLICATION OF A MOTOR VEHICLE EMISSIONS REDUCTION GRANT FROM THE AIR POLLUTION CONTROL DISTRICT FOR THE TROLLEY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Air Pollution Control District (APCD) has issued a Request for Proposals for Motor Vehicle Emissions Projects; and WHEREAS, projects eligible for funding must reduce air pollution from motor vehicles, reduce vehicle trips, increase vehicle occupancy, augment existing public education efforts in support of alternative transportation, or otherwise implement the transportation related provisions of the California Clean Air Act of 1988; and WHEREAS, the City Council at its March 10, 1997 meeting adopted the trolley as a permanent transit program; and WHEREAS, the trolley reduces the number ofvehicle trips and vehicle miles traveled within the City and promotes the use of alternative transportation in the downtown and waterfront areas. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Public Works Department is hereby authorized to apply for a grant from the Air Pollution Control District to help fund the purchase of a trolley. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23th day of March, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters NOES: None ABSENT: Novak ABSTAIN: None b Exhibit B ^ N 15 i N 00 � ®I m a � 4 Uvv� y1y _ X py Q V Ga y � y � X W W '•d\ Oi ipi �0�v���+y� g3 '� ca .e .. w 3 m •� •� � v O m m Q u] 0 pm Q v m esm bu ai m m Y7 T Q O C0 ,yc .D 0 0 0 ri y F C� �n=:R2 WWx�>.>� 3c 1-4 N 1+1 4 V1 %6 n 00 O� 6 .~i .Ni .M-r .4-i ttl � N 4'rq 0 AI p ^U m 16 �,�1 u Costs Effectiveness Period (Life) Capital Costs Operating Costs (Annually) Vehicle Travel Eliminated" Annual Trips Eliminated Annual VW Eliminated Vehicle Travel Added' Annual Trips Added Annual VMT Added Technical Appendix 10 years $100,000 $ 14,100 19,038 5,707 19,038 5,707 'Based on actual riders and actual mileage for the 1997 trolley season Trips Elimtnated Factor VMT Ehm►nated Fctorr4 ROG Factor 5.73 grams/trip 3.70 grams/mile NOx Factor 3.00 grams/trip 22.5 grams/mile PM10 Factor 0.45 grams/trip 1.45 grams/mile OEM Added Trips Factor '' rlddedl VMT Factor { ROG Factor 1.43 grams/trip 3.70 grams/mile NOx Factor 1.40 grams/trip 21.5 grams/mile PM10 Factor 0.45 grams/trip 0.64 grams/mile City of Mono Bay Proposal for 1998 MOVER Progr m 7 Technical Appendix Formulas Emission Reductions (ROG, NOx, and PM10) = Life* [(trips eliminated*trips eliminated factor) + (VMT eliminated* VMT eliminated factor) - (trips added*trips added factor) - (VMT added*VMT added factor)] / 454 = 10 * [(19,038*9.18) + (5,707*27.65) - (19,038*3.28) - (5,707*25.84)] / 454 = 10 * [ 174,768.84 + 157,798.55 - 62,444.64 147,468.88 ] / 454 = 10 * [ 122,653.87 ] / 454 = 1,226,538.70 / 454 = 2,701.6271 lbs. (1.35 tons) over 10 year life P Total Project Costs ' = Capital Costs + Operating Costs for life of project (inflation rate = 3%) $100,000 + [$14,100 (yr. 1) + $14,420 (yr. 2) + $14,852.60 (yr. 3) + $15,298.18 (yr. 4) + $15,757.13 (yr. 5) + $16,229.84 (yr. 6) + $16,716.74 (yr. 7) + $17,218.24 (yr. 8) + $17,734.79 (yr. 9) + $18,266.83 (yr. 10)] = $100,000 + $160,464.35 = $260,464.35 over 10 year life Cost -Effectiveness 0 = Total Project Costs / Emission Reductions (ROG, NOx, PM10) = $260,464.35 / 2,701.6271 lbs. $96.41/lb. -fiver 10 year life ... ' City of Mom Bay . ... Proposal for 1998 MOVPR Program 8 • U • RESOLUTION NO. 101-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RESCINDING RESOLUTION NO. 36-88, AND AUTHORIZING THE ADJUSTMENT AND SETTLEMENT BY THE CITY MANAGER OF CLAIMS AGAINST THE CITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Mono Bay is a member of the Central Coast Cities Joint Powers Agreement (CCCJPA) for insurance purposes; and WHEREAS, as a result, the City receives the services of an independent CCCJPA adjuster and investigative service who will investigate and defend specified tort claims filed against the City; and WHEREAS, for the expedient settlement of claims necessary to minimize costs of the City, it is necessary that the staff and the adjuster have specified authority on behalf of the City to immediately enter into settlement agreements without prior is authorization of the City Council; and WHEREAS, the City Council may, pursuant to Government Code Section 935.4 authorize a City employee to perform the functions of the City Council under Title 1, Division 3.6, Part 3 of the California Government Code or under Chapter 3.12 of the Morro Bay Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. Upon investigation and determination by the CCCJPA adjuster for the City that the City appears to be partially or fully liable by reason of an incident or accident resulting in a claim against the City, the CCCJPA Adjuster for the City shall have the authority to enter into settlement agreements on claims that do not exceed five thousand and no/100ths dollars ($5,000.00). This authority may be suspended or reduced at any time by the City Manager. 2. When a claim against the City exceeds five thousand and no/100ths dollars ($5,000.00), and it is determined by the City Manager that the City appears to be partially or fully liable for the claim, the City Manager shall have the authority to enter into a settlement agreement to settle the claim up to the amount of twenty • thousand and no/100ths dollars ($20,000.00). Any such settlement agreement shall be signed by the City Manager. • Resolution No. 101-98 Page Two 3. All claims which are recommended to be paid that equal or exceed twenty thousand and no/100ths dollars ($20,000.00) shall be referred to the City Council for approval. Such claims may be reviewed in Closed Session on recommendation of the City Attorney pursuant to the state open meeting law and procedures. 4. The City Manager or his designee shall be authorized to reject any claim filed against the City pursuant to and on the appropriate grounds set forth in Title I, Division 3.6, Part 3 of the Government Code of the State of California or pursuant to and on the appropriate grounds set forth in Chapter 3.12 of the Municipal Code. 5. The City Manager or his designee is further authorized to compromise or settle, without prior approval of the City Council, except on a matter of policy, any actions in which the City is a plaintiff, provided that the amounts of such compromise or settlement shall not exceed thirty five thousand and no/100th dollars ($35,000.00). • 6. Upon written order of the City Manager, a claim shall be processed for appropriate payment pursuant to procedures established by CCCJPA in the amount for which a claim has been allowed, compromised or settled. 7. Resolution No. 36-88 is hereby rescinded in its entirety. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of October, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: BRIDGETT6kUER, City Clerk 0 CATHY NOVA C, Mayor • CITY COUNCIL RESOLUTION NO. 100-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1997-98 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day -today basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, the City Council adopted the original Operating and Capital Improvement Budgets on June 9, 1997 by adoption of Resolution No. 42-97; and WHEREAS, the City Council adopted Resolution No. 05-98 on January 12, 1998 and Resolution No. 17-98 on February 23, 1998 amending the original budget; and WHEREAS, the City Council finds it necessary to further amend said budgets. NOW THEREFORE, BE IT RESOLVED that the Operating and Capital Improvement Budgets of the City of Morro Bay are amended by modifying appropriations as shown on the attached summary schedule. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th day of October, 1998, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None �r�yry !i.�....: BRIDG BAIJ:i City Cle a vua�xvnavawuwc�c CATHY %OVAK, Mayor • General Fund Expenditures Fund Dept. Object Original Budget Attachment to Resolution 100 - 98 New Increase Budget 001 City Council 4910 15,600.00 6,571.00 22,171.00 001 City Manager's Office 4599 0.00 3,583.00 3,583.00 001 PersonneVRisk Management 4910 13,900.00 4,764.06 18,664.00 001 Information Services 4110 4,200.00 3,355.00 7,555.00 001 Police Department 4110 971,169.00 60,826.00 1,031,995.00 001 Police Grants 7302 0.00 43,642.00 43,642.00 001 Emergency Services 4110 502,837.00 25,927.00 528,764.00 001 Planning & Building Department 6106 112,017.00 20,700.00 132,717.00 001 Engineering & Administration 6104 27,000.00 35,852.00 62,852.00 001 Vehicle Maintenance 5503 0.00 2,462.00 2,462.00 001 Street Maintenance 6603 61,000.00 38,300.00 99,300.00 001 Curbside Recycling 6106 84,808.00 2,103.00 86,911.00 001 R & P Administration 4110 91,845.00 2,788.00 94,633.00 001 R & P Sports 4310 67,500.00 6,384.00 73,884.00 001 Youth Services 4310 99,635.00 24,100.00 93,735.00 O1 R & P Parks 4910 30,107.00 10,502.00 40,609.00 001 City Facilities 6220 0.00 4,825.00 4,825.00 001 Contract Services 6107 57,950.00 5,287.00 63,237.00 001 Street Lighting 6301 74,700.00 5,092.00 79,792.00 001 Interfund Transactions 8530 0.00 34,852.00 34,852.00 • Total 2,184,268.00 341,915.00 1 2,526,183.00 Attachment to Resolution 100 - 98 • Expenditures Fund Original New Budget Increase Budget 202 �V933 CDBG Technical Assist. Grants Fund 0.00 1,804.00 1,804.00 299 Parking In - Lieu Fund 3,000.00 7,061.00 10,061.00 301 Transit Fund 0.00 27,637.00 27,637.00 321 Wastewater Collection Revenue Fund 65,430.00 7,843.00 73,273.00 333 CC1 Slip Fund 0.00 150.00 150.00 911 CIP Misc. Dock Repairs 0.00 238.00 238.00 911 CIP Harbor Front Parking Lot 0.00 1,687.00 1,687.00 911 Chorro Creek Replacement Project 0.00 373,415.00 373,415.00 911 South Bay Blvd. Project 0.00 1,094.00 1,094.00 911 Recoat Black Hill Tank 0.06 4,572.00 4,572.00 911 Blending Pipeline 0.00 34,911.00 34,911.00 911 Sidewalk Replacement Project 0.00 1,417.00 1,417.00 911 R/JdatProject 0.00 1,775.00 1,775.00 911 State Park Road 0.00 1,026.00 1,026.00 911 Main Street Bikepath 0.00 38,285.00 38,285.00 933 CDBG Family Housing 1996 Grant CDBG Family Housing 1996 Grant (Land) 0.00 0.00 126,700.00 260,600.00 126,700.00 260,600.00 Total P 68,430.00 E 890,215.00 1 958,645.00 Attachment to Resolution 100 - 98 CJ Revenues Original New Fund Budget Increase Budget 001 General Fund 6,725,484.00 211,346.00 6,936,830.00 201 CDBG Loan Repayment Fund 0.00 116,106.00 116,106.00 202 CDBG Technical Assist. Grants Fund 0.00 11,944.00 11,944.00 270 Water System Fund 0.00 1,199.00 1,199.00 299 Parking In - Lieu Fund 0.00 105,456.00 105,456.00 301 Transit Fund 312,404.00 8,866.00 321,270.00 332 South T - Pier Fund 0.00 27,510.00 27,510.00 333 CC1 Slip Fund 8,000.00 3,886.00 11,886.00 511 Tree Replacement Expendable Fund 0.00 759.00 759.00 550 Mimosa St AD Redemption Fund 18,480.00 64,703.00 83,183.00 551 Mimosa St Supp AD Redemption Fund 16,800.00 56,486.00 73,286.00 565 North Point Assessment District Fund 5,645.00 5,463.00 11,108.00 904 Park Fee Fund 0.00 1,112.00 1,112.00 911 Capital Improvement Project Fund 458,100.00 621,459.00 1,079,559.00 933 CDBG Family Housing 1996 Grant Fund 0.00 393,478.00 393,478.00 952 Wastewater Collection System Accum. Fund 65,000.00 173,649.00 238,649.00 53 Harbor Capital Accumulation Fund 0.00 30,488.00 30,488.00 Total • 7,609,913.001 1,833,910.00 1 9,443,823.00 u 171 RESOLUTION NO. 97-98 A RESOLUTION AUTHORIZING EXECUTION OF STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT FOR A SECTION 5311f CAPITAL ASSISTANCE GRANT TO PURCHASE TWO (2) 16-PASSENGER ACCESSIBLE VANS AND ONE (1) ADA ACCESSIBLE TROLLEY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay needs to replace its nine (9) year old Morro Bay Dial - A -Ride (MBDAR) paratransit vehicles and thirteen (13) year old trolley; and WHEREAS, in January 1998, the City submitted grant applications to the State of California Department of Transportation for a Section 5311 Discretionary Grant for the purchase of two (2) replacement vehicles for MBDAR and for the purchase of one (1) trolley; and WHEREAS, the City of Morro Bay was notified in March 1998 that it would be awarded a $160,000 Section 5311 Discretionary Grant for the purchase of said vehicles and trolley; and WHEREAS, the City of Morro Bay has local matching funds available in its Transit Budget in the amount of $40,000 for the purchase of said vehicles and trolley. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the City Manager to execute State of California Department of Transportation Contract No. 647094 for a Section 5311f capital assistance grant for the purchase of two (2) 16-passenger accessible vans and one (1) ADA accessible trolley. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26th day of October 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOVAK, Mayor ATTEST: • BRIDGETIDAUER, City Clerk RESOLUTION NO.96-98 A RESOLUTION IN SUPPORT OF THE COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS' APPLICATION SEEKING OFFICIAL STATE SCENIC HIGHWAY STATUS FROM CALTRANS FOR HIGHWAY ONE IN DISTRICT 2 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council received a presentation on the California Scenic Highway Program on January 12, 1998, and received further information and public testimony on March 9, 1998 generally in support of an official scenic highway designation for State Highway One from the San Luis Obispo/Monterey County line to the San Luis Obispo city limits; and WHEREAS, California State Highway One in northern San Luis Obispo County is one of the state's most spectacular public highways stretching from the Big Sur cliffs, along pristine coastal terraces, through the city limits of Morro Bay, to the fertile lands of the Chorro Valley • and the famed landmarks of the Seven Sisters, including Morro Rock; and WHEREAS, over eight (8) million visitors a year enjoy the world famous vistas along this 57-mile stretch of highway as they drive from Monterey to Hearst Castle, San Simeon, Morro Rock, Morro Bay State Park and points beyond; and WHEREAS, recognizing the economic and aesthetic value of scenic highways, the State Legislature established the California Scenic Highway Program in 1963 to showcase and promote the state's most visually appealing roads; and WHEREAS, Highway One in Monterey County through Big Sur to the San Luis Obispo County line has already been designated a State Scenic Highway since 1964; and WHEREAS, the City of Morro Bay City Council concurs with the San Luis Obispo County Board of Supervisors' belief that Highway One's scenic value does not end at the Monterey County line, and is worthy and deserving of similar recognition, thereby enhancing the • continuity of the designation and increasing public awareness of this scenic resource; and Resolution No. 96-98 In Support of Scenic Highway Designation for Highway One Page 2 WHEREAS, Scenic Highway status enhances the local economy by attracting media attention and tourist dollars to the area, and also increases eligibility for highway maintenance and improvement funding; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay, California, does hereby endorse and support the County of San Luis Obispo Board of Supervisors' official request that Caltrans favorably consider their request to extend formal State Scenic Highway designation on the stretch of Highway One from the Monterey County line to the San Luis Obispo city limits. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting held on this 26th day of October, 1998 by the following vote: • AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: BRIDGETT AUER, City Clerk .1.I/ISNSl.WSOFFICE�WINWORDWP &6LDV -OMS9 99 DOC edL � N-.AX- CATHY NCbkK, Mayor 2 RESOLUTION NO. 95-98 RESOLUTION DECLARING AN EMERGENCY CONDITION TO EXIST REGARDING A PORTION OF THE ATASCADERO ROAD SEWER TRUNK LINE AND AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD PUBLIC HEALTH AND SAFETY the City Council, City of Morro Bay, California WHEREAS, the City of Morro Bay is joint owner, along with the Cayucos Sanitary District, of an 18 inch diameter sewer trunk line along Atascadero Road in Morro Bay; and WHEREAS, said trunk line serves a significant portion of Morro Bay as well as the community of Cayucos; and WHEREAS, said line currently transports more than one million gallons of wastewater per day to the Wastewater Treatment Plant, this amount representing approximately two-thirds of Morro Bay's total wastewater flow; and WHEREAS, this pipeline is the sole facility capable of transporting that wastewater to the Treatment Plant; and WHEREAS, damage to the pipeline was caused by the recent El Niflo conditions, the full extent of which could not be identified until the area's groundwater conditions and excavation contractor scheduling permitted; and • WHEREAS, excavation and inspection revealed significant groundwater infiltration, broken/cracked pipe sections and offset joints of such a degree as to jeopardize the capability of the trunk line to safely transport flows in the upcoming winter rain season commencing on or about November 1; and WHEREAS, failure of this critical trunk line can be reasonably predicted to occur within the immediate future; and WHEREAS, such failure would potentially result in a public health and safety hazard of catastrophic proportion; and WHEREAS, said failure could take the form of cessation of flow through the pipeline in question, saturation and collapse of the surrounding ground surface, contamination of local groundwater and overflow of more than one million gallons per day of untreated sewage into the adjacent street, Morro Creek and the Pacific Ocean. WHEREAS, the public interest and necessity demands the immediate expenditure of public money to safeguard life, safety, sensitive environmental habitats and property; and WHEREAS, engineering plans for replacement of affected portions of said trunk line have been prepared; and WHEREAS, pipeline conditions are such that mitigation cannot permit the delays resulting from competitive solicitation for bids delineated in the Public Contract Code. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that an emergency condition regarding the jointly -owned 18 inch sewer trunk line along Atascadero Road is hereby declared pursuant to Section 20168 of the Public Contract Code and the California Environmental Quality Act; and Resolution No. 95-98 Page Two • BE IT FURTHER RESOLVED, the Director of Public Works is hereby authorized and directed to order actions deemed appropriate to mitigate the conditions under emergency contracting outlined in Section 22050 of the Public Contract Code; and BE IT FURTHER RESOLVED, funding for the City's share of the mitigation work is hereby allocated from the City's Wastewater Revenue Fund reserves. 11 0 PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 12th day of October, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None ATTEST: 11 i• • j v. CATHY NOVXK, Mayor u • to from : date : subject: City of Morro Bay DEPARTMENT of PUBLIC WORKS Honorable Mayor`arid City Council, 'City of Morro Bay " Honorable President and Board of Directors, Cayucos Sanitary District Director of Public Works October 2, 1998 Jointly -Owned 18" Sewer Trunk Line; Atascadero Road; Emergency Conditions Requests: 1) Staff requests the City Council and Board of Directors declare a public health and safety emergency condition to exist. 2) Staff, further requests the legislative bodies authorize and direct that the jointly -owned Atascadero Road sewer trunk line between Park Street and the Wastewater Treatment Plant be replaced with a 27" pipeline with all reasonable efforts performed for completion prior to November 1, 1998. 3) Staff further requests the City Council allocate funds for the work from the Wastewater Revenue Fund Reserves and that the Board of Directors allocate funds from it's current - fiscal year contingency funds. Background: Morro Bay and Cayucos jointly -own an 18" VCP (clay) pipeline along Atascadero Road between Main Street and the WWTP. The pipeline was installed circa 1954. The pipeline serves the entire northerly portion and a significant part of the southerly portion of Morro Bay as well as acting as a secondary pipeline for Cayucos (since the installation of the Cayucos Interceptor Line in the mid-1980's). Morro Bay owns 60% of the pipeline and it's capacity and Cayucos owns 40%. The pipeline is about 14 feet below ground surface with the elevation of the pipe at about 1.5 feet above sea level. The pipeline's alignment runs along the old' rig ht-0f-way of Atascadero Road'which was re -aligned in the 1969s. A portion of the pipeline route is within the City's Corporation Yard, adjacent to the Desalination Facility and Vehicle Maintenance Facility and under part of the Parks & Recreation storage shed. The pipeline experienced a problem in the mid-1970's and repairs were performed in the area now adjacent to the Desal Plant. High groundwater conditions prevented permanent repairs from being performed at that time. Discussion: As result of the recent El Nino conditions, we noted a large "sink hole" inside the Parks & Recreation shed about 200 feet east of the WWTP and a smaller one adjacent to the Vehicle Maintenance building. We included the problem, at that time unquantified, in • our FEMA damage claims. FEMA.inspectors performed a site inspection in April of this year and approved both immediate and permanent repairs for the pipeline: At FEMA's recommendation, we performed a video tape inspection of .the pipeline, with all flow blocked off in May. Video Investigation: The videotape, available for review, showed numerous areas where groundwater was. infltrating:.the...pipeline;.several.crackedtbroken.portions.. of. the, .line; .noneof. which were located immediately at the. area of the larger sink hole. The portion of the pipeline about 50 feet upstream (east) of the sinkhole showed evidence of significant displacement. The pipeline was full of water (with no water flow in the pipe) and neither the .video camera nor our hydro-vac.could push past some sort of obstruction. While the video .indicated that some sort of downward. and southerly movement (pipeline full) with significant offsetting of pipe joints (obstruction) had occurred, it was determined that excavation of that area was necessary on order to identify the nature and extent of the problem. There were several feet of pipe that couldn't be inspected by the video due to the obstruction. Excavation: We contacted a local general engineering contractor who specializes in underground work, R. Baker, Inc., to perform the excavation and, hopefully, the repair. We • reviewed the videotape and the surface conditions and discussed the situation, including repair, the possibility of "sliplining" the pipe and other potential options which might arise upon excavation. With the contractors committed work schedule and the certainty of high groundwater conditions in the spring, the excavation work didn't start until September 24. We started excavation at the point of the obstruction. The excavation was somewhat difficult. Shoring shields were installed in the trench as it progressed and by the time we worked down to the pipeline elevation additional shoring materials were needed. Once the top of the pipe was exposed, water started to enter the excavation from under the ground. This infiltration of water reached the point where we deemed it unfeasible to continue excavation. We had exposed one pipe joint in more than three days of work. What was found at that one joint was a displacement on the top of about three inches, enough for a large man to put a goodly portion of his hand into what should be a water -tight connection. VVe_could not see what had occurred at the bottom of the pipe. We took a video of the conditions;. available. for review:: .:.... .... ... .....: ... :. ,. At that point it was clear that there was a significant.problem, with an apparent loss of water -tight integrity and alignment on a major sewer trunk line. The condition is an imminent hazard to public health and safety and staff recommends that it must be mitigated prior to the onset of the upcoming rainy season. The higher wastewater flows that will occur in the wet season pose a reasonably predictable risk of failure of the pipeline, perhaps in a catastrophic manner. The excavation costs have been incurred. The costs to date have not been finalized • and we are anticipating a time -and -materials invoice to arrive in the near future. It will likely be several thousands of dollars. Mitigation Options: In discussion with the contractor, updated options were considered. To perform an • -in.situ' repair to this portion of the pipeline would likely take several weeks of excavation with extensive de -watering req6ired..666e..that'poition (about l5 feet long) was repaired;'`. at a cost of several tens of thousands of dollars, we would still have not repaired the broken/cracked joints and infiltration in the other 200 +/- feet of the line..- An extensive. ex cavatio.n1sl'iplining was disc issecl;.using.the:excavation for the point of entry of the lining material. While this option had some merit, there was one critical .flaw identified is that approach. The 18 pipeline has been identified as being over its hydraulic capacity: The first videotape. illustrates this,condition clearly,.*th.evidence,of consistent, flows of.75% pipe capacity or more (with the Cayucos Interceptor,in service). To slipline . the pipe would result in a reduction in the pipe's capacity, varying from a small to an extensive amount dependant upon the sliplining method chosen. Employing a •repair/sliplining approach would also result in. a pipeline still out,of alignment in..places unless significant additional tasks, such as pipe replacement or mandrilling, were pursued. While this would address the immediacy of the problem, it would not mitigate the current capacity issues. We would, therefore, be looking at the need to install additional capacity in the near future. Installing a replacement line, with abandonment of the existing line, was considered and was determined top be the most viable option. This allows not only the mitigation of the current problem, if completed prior to the inset of this year's rains, but also provides the opportunity to provide the identified needed additional hydraulic capacity of the system, at least for the 550 feet under consideration. To install a replacement line, of • whatever dimension, would entail a 14 foot deep trench. To safely install a line would, by necessity, require the use of shoring shield, both to preclude the possibility of needing to excavate an unduly wide trench but, more importantly, to ensure worker safety during pipe installation. Shoring shields have a total width of about 54", requiring a commensurately wide trench. The cost differential between installing an 18" pipe and a larger pipe, therefore, should be limited to the material cost increase, a relatively minor overall cost component. Design Considerations: The City Engineer has performed an analysis of the current and future capacity needs for both communities. This analysis is summarized on the attached graphic representation. The installation of a 27" PVC (plastic) pipe is recommended. It is further recommended that the replacement be from the intersection of Park Street/Atascadero •.Roaddo the WWTP;.a distance of: about.550 feet.This.distance.and. alignment provides..,.....:.; .: for superior hydraulics and keeps the full length of the proposed pipeline route in the paved section of the Road. We have commenced the design for the replacement line, scheduled to be complete by early next week. The estimated cost for the work is about MG09 including design and inspection. We are having a geotechnical firm perform a soils investigation today to determine the groundwater conditions along the proposed alignment. The groundwater conditions may result in increased costs for mitigation (in the form of de -watering, modified • pipe bedding/backfill, et al) but we want to allow the contractors to factor in appropriate measures into their quotes rather than have claims for extra work and delays. Costs and FEMA Reimbursement FEMA has approved "permanent" repairs for this pipeline. While this agency will pay for a replacement in kind based upon their approved unit price schedule, the two agencies .. . would be responsible :for -alF'payments• for the: incremental vp: sizing; -With .a. 6 ./40 .. ownership, both agencies would have a pro rata share of costs with FEMA reimbursement being distributed on a commensurate. pro rata share. The pro rata costs.based upon an $100,000 ,:construction..costs., would be $60,000 . Morro., Bay and:. $40,000, Cayucos. Groundwater mitigation costs would be additional to this estimate and the parties would have the same pro rata cost share. More accurate total costs will be provided once quotes are receiyed..lt should be noted that,: with. the.time.critical nature of the work, .the aimeliness,,.; .., of contractor mobilization can and should be a factor in the selection of the successful, firm, understanding that costs remain the primary factor. It has been this Department's position that we be prepared for no reimbursements to come from FEMA. Contractor selection Proced r : The Public Contract Code requires a ten day minimum public advertising period for bidders and award of the contract by the governing body for all Public Works projects, with an exception for declared emergencies. While we have a short amount of time available to solicit quotes for the work, the urgency of the situation makes it unfeasible to place an advertisement in the newspaper, pursue the award/oontract execution process, mobilize a contractor and complete the work prior to the onset of winter. The means available to complete the work in the needed time frame is a resolution of declaration of emergency, pursuant to Public Contract Code Section 20168, requiring • a 4/5 vote of the bodies. If adopted, such action allows the work to be pursued under Section 22050 of the Code. These Sections are attached hereto. Resolutions will be provided with supporting findings for each agency as soon as possible. This writer is not knowledgeable on what differences in required procedures the Sanitary District may have; on -going discussions with District staff will ascertain the appropriate processes. We will be proceeding with dissemination of plans and receiving quotes concurrently with the proposed legislative actions. As the design will be completed prior to action by the legislative bodies, staff proposes to distribute the plans to three qualified contractors for price quotes. This will not have a significantly adverse impact upon the work schedule and will provide evidence that the public's monies are being reasonably spent. It is anticipated..that the.:actual .installation of.the.replacementpipeline will take about 2-3 weeks to complete. The anticipated schedule of tasks is: - October 8: plans to contractors - October 12: quotes from contractors - October 12: City Council declaration (CSD Action as well, undetermined process/date) - October 13: contract execution and authorization to commence - October 19: pipe material arrive from supplier, work commences • - October 30: work substantially complete, replacement pipe in service, health hazard mitigated. Reauests: 1) Staff requests the City Council and Board of Directors declare a public health and safety emergency condition to.exist via the adoptionof resolutions provided for each . body. 2) Staff further requests the legislative bodies authorize and direct that the jointly7owned Akascadero Road sewer ..trunk line be replaced with:. a. 27" . pipeline . immediately with completion at the earliest possible. time. 3) Staff further requests City Council allocate funds for the work from the Wastewater Revenue Fund. Reserves and.that the.Board of.Directors.allocate funds from,. it's current fiscal year contingency funds. attach. cc: City Manager City Engineer Manager, Operations and Maintenance, Cayucos Sanitary District Wastewater Division Manager • 0 j PUBLIC CONSTRUCTION ACT § 20168.5 i(c) Stats 1983 ch 49 § 874, as amended Stats 1891 ch 49 § • 1, Slats 1897 ch 87 § 1, Slats 1913 ch 27 § 1, Stats 1929 ch 294 § 3, Stats 1931 ch 131 § 5, Stats 1933 ch 516 § 27, Slats 1939 ch 396 § 1, Slats 1941 ch 741. § 1, ch 1034 § I. I Gross Itefesenax . ' ......`.': .. . ... when competitive bidding required: Pub Con C § 20162. Rejection of bids, identical bids, absence of bids:.Pub Con C § 20166. . _ Collateral References: .. .. ... . Witkin summary (9th ed) Contracts § 81. NOTES OF DECISIONS A aty's use of its Own employes is.00t a neogsar-, excess of f3300be la out on bide Killeen v San .. ily implied exception to Gov. Coda § 37902, requir- Bruno (1976; 1st-t)iit)36 wApp 3a 479;'12s Cal mg that public work calling for an expenditure in Rptr 760. § 20168. Emergency expenditures In case of an emergency, the legislative, -body may pass a.resolution by a four -fifths vote of its members declaring that the public interest. .. t.and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this chapter. If notice for bids to let contracts will not be given, the legislative body shall comply with Chapter 2.5 (commencing with Section 22050). Added Slats 1982 ch 465 § 11. Amended Stats 1994 eh 803 § 1.2 (AB 3348). Amendments: 1994 Amendment: In addition to making conforming and technical changes, the • amendment also authorized a public agency; to a case of emergency, to take imme- diate action required by that emergency, ant procure the necessary equipment, ser- vices, and supplies for those purposes, without giving notice for bids to let contracts. Historical Derivation: (a) Former Gov C § 37906, as added Stats 1949 ch 79 § 1. (b) Stats 1883 ch 49 § 777, as amended Stats 1891 eh 58 § 1, Stats 1915 eh 663 § 1, Stats 1941 ch 741 § 2, ch 1034 § 2. (e) Stats 1883 eh 49 § 874, as amended Stats 1891 eh 49 § 1, Stats 1897 eh 87 § 1, Stats 1913 ch 27 § 1, Scats 1929 ch 294 § 3, Slats 1931 ch 131 § 5, Stets 1933 ch 516 § 27, Stats 1939 ch 306 § 1, Slats 1941 ch 741 § 1, ch 1034 § 1. Cross References: Similar provisions. school district contracts: Pub Con C § 20113. Similar provisions, county contracts: Pub Con C § 20134. When competitive bidding required: Pub Con C § 20162. Collateral References: Cal Jur 3d Public Works and Contracts § Ill. Am Jur 2d (Rev) Act of God §§ 5 et seq., 8 et seq. § 20168.5. Facilities for transfer of prisoners, parole violators, or wards In any city that has agreed to permit the transfer of prisoners or pa- role violators under Section 2910 or 2910.5 of the Penal Code, or of wards under Section 1753.3 of the Welfare and Institutions Code, the 463 0 CHAPTER 2.5 Emergency Contracting Procedures [Added Stats 1994 eh 803 § 88 (AB 3348).] § 22050. Emergency contracts for repair or replacement of public fa- cility; Review (a)(1) In the case of an emergency, a public agency, pursuant to a four - fifths vote of the governing body, may repair or replace a public facil- ity, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without .n givir4 otice for bids to let contracts. (2) Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. (b)(1) The governing body, by a four -fifths vote, may delegate, by res- olution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer the authority to order any action pursuant to paragraph (1) of subdivision (a) (2) If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the govern- ing body, by a four -fifths vote, may delegate to an elected officer the authority to order any action specified in paragraph (1) of subdivision (a).. (3) If a person with authority delegated pursuant to paragraph (1) or (2) of this section orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competi- tive solicitation for bids and why the action is necessary to respond to the emergency. (c)(1) If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next 420 EMERGENCY CONTRACTING PROCEDURES § 22050 t regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emer- geticy action in accordance with. this paragraph _every. 14 days. (2) If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior I to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets f weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days. (3) When the governing body reviews the emergency action pursuant to { paragraph (1) or (2), it shall terminate the action at the earliest possible • date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts. (d) As used in this section, "public agency" has the same meaning as defined in Section 22002. (e) A three -member governing body may take actions pursuant to subdivision (a), (b), or (c) by a two-thirds vote. i (1) This section applies only to emergency action taken pursuant to II Sections 20133, 20168, 20193, 20205.1, 20134, 20168, 20205.1, 20213, 20223, 20233, 20253, 20273, 20283, 20293, 20313, 20331, 20567, 20586, 20604, 20635, 20645, 20685, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043,21061,21072,21081,21091,21101;21111,21121,21131,21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 3 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 3 21461, 21472, 21482, 21491, 21501, 215.11, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035. Added Stats 1994 ch 803 § 88 (An 3348). • 421 % FULL �p 0 1 1 1 O O O O O ca N p O O O >9> -01 3�O m A> mf ggm \ rA AAO -il��K \ 1985 ADWF .80 MCD \`� Ic w 00 \ r NA AAO xc 2 ) > i \ 1985 POW- 1.33 MGD n � fQ ZEA - \ \ ♦ n0_ Oz� r. m o a K 2010 POWF = 1.82 MGO ♦. • 3: m. � � D V mom -�K N \ ♦ �Z>O > y m nAA \♦ NO m > 7 w \ K II II \ ♦\ m m m (A m u 4 � �; >; ♦ T!: m; O O � yam \ L� ♦;°��, � ♦ F \ ♦♦ ' 2010 PWWF - 4A7 MGD (VATH 1/I REDUCTION). > 1 ♦♦ O II \ � III ♦♦ \ ♦ 1985 PWWF - 5.98 MCD I \ O, I 1 \ 2010 PWWF - 6.74 MGD / !� 11 1985 PWWF + CAYUCOS NET - 6.86 MGD . -. _._ .... . ...... ..\� � .._ . (CURRENT CONDITIONS) i� I \ I l \ >�> \ 9K A I y N ~ CTaN \ » I z ��Qj 2010 PWWF: 4.17 MGD + 4.03 MOD CAYUCOS 1 bH= (MiF 1/) REDUCTION AND CAYUCCS PUMP UPGRADE) •O Z' 02A 2010 PWWF + CAYUCOS NET - 8.34 MGD (WITHOUT 1/1 REDUCTION, WITH CAYUCOS PUMP UPGRADE) v84FID j> fn'<� 1985 PWWF -.S_98 MCD + 3.31 MCO 'CAYUCOS o ;o� (CURRENT CONDITIONS IF 15- OUT OF SERVICE) fA V m N m ; u o O �c �r ml N O> 2010 PWWF = 6.74 MGD + 4.03 MGD CAYUCOS 1� (WITHOUT 1/I REDUCTION, WITH CAYUCOS PUMP UPGRADE) m V, ft/sec 0 > ............................... . I i l RESOLUTION NO.94-98 • APPROVAL OF A LICENSE AGREEMENT WITH DUKE POWER, MORRO BAY FOR USE OF A METAL STORAGE BUILDING LOCATED ON DUKE POWER PROPERTY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Duke Power, Morro Bay is the owner of property adjacent to the Fishermen's Gear Storage facility and the metal storage building on said property; and, WHEREAS, the City of Morro Bay Harbor Department has need for additional equipment and gear storage; and, WHEREAS, Duke Power has agreed to enter into a license agreement with the City to allow the Harbor Department and Coast Guard Station Morro Bay to use the vacant metal storage building on their property formerly used by the Cal Poly Crew Club, for $1.00 per year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the license agreement between the City of Morro Bay and Duke Power is hereby approved. BE IT FURTHER RESOLVED that the Mayor and the City Manager are hereby authorized to execute said license agreement. • PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12' day of October, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None MAP ��.._ 11.11 PLUME 1w , 0 CATHY NOVAK, MAYOR • • LICENSE AGREEMENT BY AND BETWEEN DUKE ENERGY MORRO BAY, LLC EUFBI THE CITY OF MORRO BAY C.'0ATAlleaseslcrewbuilding.D0C Page Iof6 • LICENSE AGREEMENT This License Agreement ("License") is made as of this day of 1998 by and between DUKE ENERGY MORRO BAY, LLC ("Licensor"), and the CITY OF MORRO BAY ("Licensee"). In consideration of the mutual promises contained in this agreement, the parties agree as follows: 1. LICENSED AREA, CONDITION OF SITE The licensed area, hereinafter called "Site," shall be the storage building, formerly known as the "rowing club storage building," located in the northwesterly corner of Duke Energy's Morro Bay Power Plant 2. USE Licensee may use the site for storage of equipment subject to the restrictions listed in this agreement. Licensee is also specifically permitted to sublicense the site, for similar use subject to the terms of this License, to the United States Coast Guard. The rights of each parry under this agreement are personal, and licensee may only sublicense the Site subject to, and as provided by, the terms of this agreement and with Licensor's expressed, written consent. Nothing in this privilege shall interfere with the rights of the Licensor to sell or lease all or any part of the Site, at anytime, provided, in such case, Licensor shall give Licensee 30 days advance written notice to vacate. 3. TERM The term of this License Agreement shall commence on October 1, 1998 ("Commencement Date") and terminate on September 30, 2000 ("Termination Date") unless heldover as • outlined in Section 5 herein. Either party may terminate this License Agreement at any time for any reason upon 30 days written notice to the other party. 4. PAYMENTS Licensee shall pay to Licensor in lawful money of the United States of America, an annual payment of One Dollar ($1). The rent for the entire term, $2, is due upon execution and delivery hereof. 5. HOLDOVER Any holdover of this License beyond the Termination Date shall be on a month to month basis terminable on 30 days written notice by either party for any reason. . 6. RESTRICTIONS UPON USE Licensee agrees that, in connection with the use and operation of the Site, Licensee shall use the Site only for storage. Furthermore, Licensee agrees that it shall not: a. Permit any use of the Site or any part thereof in a manner likely to cause injury, damage or an unsafe condition for the general public or the guests, employees, agents and contractors of Licensee or Licensor; b. Permit undue accumulations of garbage, trash, rubbish or any other refuse by the guests, employees, agents and contractors of Licensee or cause or allow any circumstances or acts on the Site by the guests, employees, agents and contractors of Licensee which will result in pollution of nearby sensitive habitat. C: IDA TA Veaseslcmwbudding.DOC Page 2 of C. Permit the storage of hazardous materials including, but not limited to, fuel, paint, solvents, or wet cell batteries. • d. Permit use of the site for maintenance activities such as sandblasting (or other paint removal), painting or mechanized equipment repair. e. Permit any use of the Site by the guests, employees, agents and contractors of Licensee which will cause a cancellation of any insurance policy covering the Site, or any part thereof, or any building or improvements thereon, any activity by the guests, employees, agents and contractors of Licensee which may be prohibited by any insurance policies covering the Site, said buildings or improvements. f. Install security devices that prevent reasonable access to the Site by the Licensor. Permit any use of the site which interferes in any way with the operation of Duke Energy's Morro Bay Power Plant. 7. GOVERNMENTAL REQUIREMENTS Licensee shall at all times comply with and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with any and all laws, statutes, ordinances, which govern, apply to or are promulgated with respect to the operation and use of the Site by Licensee in connection with its business; provided, however, that Licensee may cease to operate and use the Site at any time and, in such case, Licensee shall have no future obligation to comply or pay such costs and expenses of compliance except to the extent that Licensee's use of said Site creates ongoing costs and expenses such as environmental remediation. So long as Licensee continues to operate and use the Site, Licensee shall • comply with each and every requirement of all policies of public liability insurance which Licensee is required to have in force with respect to the Site. The judgment of any court of competent jurisdiction or the admission of Licensee in any action or proceeding against it, whether Licensor be a party thereto or not, that Licensee has violated any such ordinance or statute in the use of the Site shall be conclusive of that fact as. between Licensor and Licensee. 8. ADDITIONAL ALTERATIONS AND REPAIRS Prior to making any alterations to the Site, Licensee shall obtain the approval of the Licensor. In addition Licensee will obtain any and all required permits; approvals or authorizations required by all governmental agencies for the proposed alterations or repairs. 9. ASSIGNMENT AND SUBLICENSING The Licensee may sublicense all or a portion of the site through a written agreement with the sublicensing parry. A copy of said agreement must be provided to, and approved by, the Licensor prior to commencement of the sublicense agreement. The terms of any such sublicense agreement shall be subject to and no less restrictive than the terms of this License Agreement. 10. INSURANCE Licensee shall indemnify and hold Licensor and the property of Licensor, 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 Licensee's occupation and use of said Site, specifically including, without limitation, any liability, claim, loss, • damage, or expense arising by reason of: C.- WA TA IIewealcmwbuilding.DOC Page 3 of (a) The death or injury of any person who is a guest, employee, agent or contractor of Licensee, or by reason of the damage to or destruction of any property, owned by • Licensee or by any person who is a guest, employee, agent or contractor of Licensee, from any cause whatever while such person or property Is in or on said Site or in any way connected with said Site or with any of the improvements or personal property on said Site; (b) The death or injury of any person who is a guest, employee, agent or contractor of Licensee, or by reason of the damage to or destruction of any property, including property. owned by Licensee or any person who is a guest, employee, agent or contractor of Licensee, caused or allegedly caused by either (i) the condition of said Site or some building or improvement on said Site, including the condition of ingress or egress from said site, or (ii) some act or omission on said Site of Licensee or any person in, on, or about said Site with or without the permission and consent of Licensee; (c) Any work performed on said Site or materials furnished to said Site at the instance or request of Licensee or any person or entity acting for or on behalf of Licensee; or (d) Licensee's failure to perform any provision of this License or to comply with any requirement of law or any requirement imposed on Licensee or said Site by any duly authorized governmental agency or political subdivision. Licensee shall, at Licensee's own cost and expense, maintain during the entire License Term, a broad form commercial general liability insurance policy or policies —or the equivalent self -insurance —which insure(s) Licensee's public liability, property damage and • business automobile exposures with the combined single limit of not less than $1,000,000.00 issued by an insurance company acceptable to Licensor and authorized to issue liability insurance in California, and which shall list Licensor as a named additional insured, without offset to Licensor's policies as respects all operations of Licensee. Licensee shall within ten (10) days after the execution of this License and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to Licensor a true and correct copy of a certificate executed by the insurance company or companies or their authorized agent evidencing such policy or policies and an endorsement to the policy naming the Duke Energy Morro Bay, LLC as additional insured. Each insurance policy required by this License 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 Licensor in the manner required by this License for service of notices on Licensor by Licensee. 11. HOLD HARMLESS Licensee agrees to investigate, defend, indemnify and hold harmless Licensor, its employees and agents, from and against any and all losses, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney's fees) and causes of action whatsoever character, which the Licensor may incur due to the negligence or willful misconduct of Licensee or its guests, employees, agents and contractors. 12. DESTRUCTION • This License shall remain in full force and effect, including Licensee's obligation to make payments, in all events of destruction to the Site, unless otherwise modified or terminated by the mutual written agreement of the Licensor and Licensee. C: IDATA llea eslcrewbuilding.DOC Page 4 of 13. DEFAULT • In the event that Licensee shall fail to perform any agreement, covenant or condition set forth in this License Agreement, the License Agreement may be terminated upon thirty days written notice from Licensor. 14. NOTICES If at any time after the execution of this License, it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered or certified United States mail, return receipt requested, postage prepaid and (1) if intended for Licensor shall be addressed to: Plant Manager Duke Energy Morro Bay P.O. Box 1737 Morro Bay, CA 93443-1737 and (2) if intended for Licensee shall be addressed to: Harbor Director City of Morro Bay 1275 Embarcadero Morro Bay, CA 93442 or to such other address as either party may have furnished to the other in writing as a place for the service of notice. Any notice so mailed shall be deemed to have been given as of the • time the same is deposited in the United States mail. 15. MISCELLANEOUS a. In case any one or more of the provisions contained in this License shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this License, but this License Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. b. Nothing in this License Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to anyone not a party, except as otherwise expressly provided herein. C. The words "Licensor" and "Licensee" as used herein shall include a corporation and include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. If there be more than one Licensor and Licensee, the obligations hereunder imposed upon Licensor and Licensee shall be joint and several. Time is of the essence of each and all of the agreements, covenants and conditions of this License. e. This License shall be interpreted in accordance with and governed by the laws of the State of California. The language in all parts of this License shall be, in all cases, • construed according to its fair meaning and not strictly for or against Licensor or Licensee. C. DATAVeweskmwbudding.DOC Page 5 of 6 f. This License constitutes the entire agreement between Licensor and Licensee with respect to the subject matter hereof and supersedes all prior offers and negotiations, • oral and written. This License may not be amended or modified in any respect whatsoever except by an instrument in writing signed by Licensor and Licensee. • .0 IN WITNESS WHEREOF, Licensor and Licensee have executed this License Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. Licensee CITY OF MORRO BAY By �i r Cathy N ak, Mayor. David Cole, Licensor DUKE ENERGY MORRO BAY, LLC 29 Steven C. Goschke Plant Manager C., WA TA Ifeaseslcmwbudding.DOC Page 6of6 t � 1 I ii I II \ 11 \\' \\\ \\ 8 � y a 11 1 1 1 1 1 1 EXHIBIT "A' • RESOLUTION NO.93-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE MORRO BAY POLICE DEPARTMENT TO PARTICIPATE IN A MULTI -AGENCY DUI ENFORCEMENT TASK FORCE AND EDUCATION GRANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Highway Patrol has applied for an Office of Traffic Safety grant for the creation of a multi -agency DUI enforcement program; and WHEREAS, the grant includes participation by the Police Department's of Arroyo Grande, Atascadero, Pismo Beach, San Luis Obispo, Grover Beach, Morro Bay, Paso Robles, Cal Poly State University, and the Sheriffs Department of San Luis Obispo, and California State Parks and Recreation; and WHEREAS, the grant fully funds the overtime costs and participation of Morro Bay Police Department personnel; and WHEREAS, the participation of all the agencies will enhance public safety in the entire San • Luis Obispo County area based upon a reduction in DUI related traffic accidents; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, authorizes the City of Morro Bay Police Department to participate in the grant known as SLOCOPS and authorizes the Chief of Police to sign the participation agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of October, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NO AK, Mayor ATTEST: BRIDGEltBAUER, City Clerk • RESOLUTION NO. 92-98 A RESOLUTION OF THE CITY OF MORRO BAY RATIFYING THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Regional Transit Authority was created by a Joint Powers Agreement between the Cities and County of San Luis Obispo; and WHEREAS, any amendments require ratification by member agencies; and WHEREAS, the San Luis Obispo Regional Transit Authority Board on September 2, 1998 approved minor clean-up and clarifying amendments for ratification by member agencies. NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council does hereby ratify the San Luis Obispo Regional Transit Authority Joint Powers Agreement attached hereto as Exhibit A and incorporated herein by reference, and authorize the Mayor to execute said • agreement, and forward it to the San Luis Obispo Regional Transit Authority. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of October 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None ATTEST: .6tA14A BRIDGETT "UER, City Clerk 0 9, f3 CATHY NOVAK, Mayor EXHIBIT A SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY • JOINT POWERS AGREEMENT WITNESSETH: This Agreement is made and entered into this 9'" day of March, 1990, and amended on , 1998, by and among the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo, all being municipal corporations in the County of San Luis Obispo, California (hereinafter called "Cities") and the County of San Luis Obispo, a body politic and corporate, and a subdivision of the State of California, (hereinafter called "County") WHEREAS,_ Section 6500 et seq of the California Government Code (Title 1, Div. 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the Cities and County have previously entered into a joint powers agreement for the formation of the San Luis Obispo Council of Governments for the purpose of providing, among other things, for a regional transportation agency; and WHEREAS, the San Luis Obispo Council of Governments, at a regularly held meeting on isMay 10, 1989, voted to consolidate the administration of several transportation systems through a regional transit joint powers agreement. NOW THEREFORE, it is agreed as follows: ARTICLE I General Provisions Section 1. Purpose: The purpose of this Agreement is to exercise the common powers of the member agencies for the formation of Joint Powers Agreement with full power and authority to own, operate and administer a county -wide public transportation system within the boundaries and over the territory over which the Joint Powers Agency has jurisdiction. Section 2. Name: The official name of the entity shall be San Luis Obispo Regional Transit Authority and hereafter referred to as SLORTA. ARTICLE II Organization is Section 1. Board Members: The membership of the SLORTA Governing Board, shall be the same as the membership of the San Luis Obispo Council of Governments (hereinafter referred to as SLOCOG). Section 2. Board Meetings - Voting - Quorum: Regular meetings shall be generally held SLORTA RA in the first week of July, September, November, January, March and May or as specified in a • biannually adopted meeting calendar. Special meetings may be called by the President or upon written request of at least three (3) members of the SLORTA Board. Voting and quorum provisions shall be the same as those provided in the SLOCOG Joint Powers Agreement. Section 3. Officers: The officers of SLOCOG shall serve as officers of the Transit Authority - Section 4. Manager: The SLORTA Board shall designate a Regional Transit Manager to operate SLORTA. The manager shall serve at the pleasure of SLORTA Board, with delegated powers to certify documents of the SLORTA Board as required by the law and to assume such duties and responsibilities as the Board may direct. Section S. Members: 1. The County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership. 2. Membership shall be contingent upon the execution of this Joint Powers Agreement. Section 6. Boundaries and Service Levels: The service area boundaries shall be all of the area within the boundaries of San Luis Obispo County as designated by the SLORTA Board. • Any additional services beyond the level recommended by the Regional Transportation Plan or mandated in the Unmet Transit Needs Hearing (PUC Section 99401.5) may be instituted, but shall require unanimous approval of affected jurisdictions, with costs for the extra service to be distributed on the basis of formula developed by the SLORTA Board members representing the affected jurisdictions. Section 7. Committees: Committees and subcommittees may be established as SLORTA may deem appropriate. 2. Membership on "ad -Hoc" policy committees shall be at the discretion of the President Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. 3. Standing committees shall include the: a. Regional Transit Advisory Committee (RTAC) serving as a Regional Transit Productivity Committee to advise the Board on the efficiency and effectiveness of the transit system. b. An Executive Committee comprised of the President, Vice President and the past President and at least one representatives from the county of San Luis Obispo • (if none of the above) shall advise the Transit Manager and SLORTA on: draft agendas, personnel issues, budget and Overall Work Program; controversial, sensitive and major policy issues; and shall facilitate the annual performance evaluation of the Regional Transit Manager. Items for review shall be selected by SLORTAPA 2 EXHIBIT A the Transit Manager in consultation with the President. All Committee members • may include agenda items as they desire. For purposes of conducting business, two members shall constitute a quorum. 4. No committee shall commit SLORTA on any matter or questions of policy. Such matters or questions can only be decided by SLORTA. 5. All committees shall receive clerical assistance from SLORTA staff and, by agreement, SLOCOG staff for the purpose of maintaining minutes of meetings and other such duties as the Transit Manager may direct. The chair of each committee shall sign the original copy of the minutes indicating verification of contents upon committee adoption. Copies of minutes of all meetings shall be sent to members of SLORTA and the Transit Manager. ARTICLE III Financial Provisions Section 1. Budget: The Regional Transit Manager shall prepare an annual budget for Transit Authority adoption prior to commencement of each fiscal year. The approval of the Annual Budget shall be in accordance with those procedures prescribed by the Joint Powers Agreement of SLOCOG. Accounting practices to be applied will: conform with those used by San Luis Obispo County, consistent with Transportation Development Act rules and regulations. • A Consolidated Fund balance and cash balance will carry forward from one year to the next. The budget may additionally carry funds for future fiscal years where necessary to develop a multi -year Capital Improvement Program and to reflect obligations under state of federal funding agreements, to the extent allowable by California law. No member Agency shall be required to expend any of its general fund monies to support the operations of the Transit Authority. The operation of the transit system shall be funded from revenues derived from operations, member Transportation Development Act fund contributions, grants, and any other appropriate revenue sources. Each member agency shall make an annual contribution to the Transit Authority in accordance with the adopted budget. Any formula may be amended upon approval of all jurisdictions affected by that formula and ratified by the Transit Authority. All population percentages utilized shall be those annually adopted by SLOCOG for allocating Transportation Development Act Funds based annually on estimates prepared by the State Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code for cities and by the County Planning Department for unincorporated communities. Section 2. Expenditures: The Transit Authority may establish procedures and policies to insure competitive prices for the purchases of goods and services. Formal bidding shall not be isrequired unless directed specifically by the Transit Authority or unless required by state or federal law. Particularly in the purchase of equipment, including buses, the Transit Authority may consider the design, maintenance and operating costs, and other similar factors in determining the most suitable equipment and need not purchase equipment having the lowest initial cost. SLORTA ]PA 3 EXHIBIT A • Section 3. Treasurer and Auditor: Pursuant to Government Code Section 6505.5, the Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of the Transit Authority. The Treasurer shall have the powers and duties set forth in Government Code Section 6505.5. The Auditor/Controller of the County of San Luis Obispo is designated as the Auditor of this Transit Authority pursuant to Government Code Section 6505.5. Section 4. Annual Audit: The Transit Authority shall cause an annual audit to be prepared and filed -in accordance with Government Code Section 6505 and Public Utilities Code Section 99245. Section 5. Annual Report: The Regional Transit Manager shall prepare and submit an annual report of the operations to the Transit Authority, SLOCOG, and State Controller within 90 days of the end of the fiscal year pursuant to Public Utilities Code, Section 99243. Section 6. Periodic Reporting: The Transit Authority may require periodic reporting of ridership, finances, or other information. It shall be the responsibility of the Regional Transit Manager and Contractor (if appropriate) to provide such reports in a form acceptable to the Transit Authority. ARTICLE IV Authority • Section I. Powers: The Transit Authority shall have all Powers necessary to carry out the purpose of this Agreement, except the power to tax. Its power to expend funds shall be limited only by the availability of funds as set forth in ARTICLE III: Finances, Section 1. The Powers of the Transit Authority specifically include, but are not limited to, the following: a. To solicit bids and negotiate contracts from private enterprise for services and/or operation. b. To sue or be sued. C. To employ agents, employees and contract for professional services. d. To make and enter contracts including labor and employment contracts. e. To acquire, convey, construct, manage, maintain and operate necessary equipment, building and improvements. f. To acquire and convey real and personal property. g- To incur debts, liabilities and obligations of financial assistance from State and Federal agencies and to obligate the Transit Authority to operate the improvements, equipment or transportation system in accordance with the terms and conditions of said financial assistance. Section 2. Transit Authority is a Public, Legal Entity: The Transit Authority is a public • entity duly formed and existing under the laws of the State of California. It is a separate and distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to this Agreement, shall be solely the obligations of the Transit Authority and not those of its officers, employees, members of the Board of Directors or the member agencies. SLORTA RA 1*4104,36al CITY OF PISMO BEACH • By: Mayor • • Clerk CITY OF SAN LUIS OBISPO By: Mayor Clerk COUNTY OF SAN LUIS OBISPO By: Chair APPROVED AS TO FORM AND LEGAL EFFECT: JAC CRAWFORD Legal Counsel Legal Counsel Dated: Adopted by SLORTA 1998 Date: Resolution No. Date: Resolution No. Date: Resolution No. SLORTA RA 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first • hereinabove written. CITY OF ARROYO GRANDE Date: Mayor Resolution No. Clerk CITY OF ATASCADERO Mayor Resolution No. Clerk CITY OF GROVER BEACH By: Date: • Mayor Resolution No. Clerk • CITY OF MORRO BAY Mayor "4kr;D CITY OF PASO ROBLES By: Mayor Clerk Date: I o 1-2 Resolution No. q2- qo Date: Resolution No. SLORTA1PA 6 • ARTICLE V Miscellaneous Provisions Section 1. Withdrawal of Member. A withdrawing member's financial obligation under this Section is limited to the withdrawing members pro-rata share of the currently adopted operating budget based upon ARTICLE III, Section 1 within the service area of the obligated commitments affecting the withdrawing member and any SLOCOG's finding as to unmet transit needs that are reasonable to meet pursuant to Public Utilities Code Section 99401.5. Section 2. Amendment of Agreement:. No amendment to this Agreement shall be made without the consent of all member agencies at the time of the amendment. Section 3. Ratification - Effective Date: This Agreement shall be deemed effective as to those parties executing this agreement upon their execution of the agreement. Section 4. Assignability: In the event it is deemed in the best public interest to have the Transit Authority operated by another individual or entity, whether public or private, and provided that the assignment complies with State and Federal laws, the agency on affirmative vote of the majority in accordance with Section 2 of ARTICLE II, may sell, lease or assign all of its real and personal property and cease operations upon such terms and conditions as the Transit Authority determines to be reasonable. • Section 5. Termination: This Agreement shall continue in full force and effect until rescinded by a majority of the member agencies. • . Section 6. Notification to Secretary of State: Pursuant to Government Code Section 6503.5, the Transit Authority shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of the Secretary of the State of California, within thirty (30) days after the effective date of any amendment to this Agreement. Until such filings are completed, the Transit Authority shall not incur indebtedness of any kind. SLORTA RA RESOLUTION NO.91-98 A RESOLUTION OF THE CITY OF MORRO BAY RATIFYING THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Council of Governments was created by a Joint Powers Agreement between the Cities and County of San Luis Obispo; and WHEREAS, any amendments require ratification by member agencies; and WHEREAS, the San Luis Obispo Council of Governments Board on August 5, 1998 approved minor clean-up and clarifying amendments for ratification by member agencies. NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay City Council does hereby ratify the San Luis Obispo Council of Governments Joint Powers Agreement attached hereto as Exhibit A and incorporated herein by reference, and authorize the Mayor to execute said • agreement, and forward it to the San Luis Obispo Council of Governments. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of October 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NO AK, Mayor ATTEST: BRIDGETT 6AUER, City Clerk EXHIBIT A San Luis Obispo Concil of-Gove'rnmen_ts Artoyo Grande : Regional Transportation Planning Agency Amswdero • .. _ Grover Beach Metropolitan Planning Organization • Moriai Bar Paso Robles Census Data Affiliate Plemc Bauch San Luis Obispo RdnablyDeCa�pi :. Eseu,i�ive Di,ecn+r Service Authority for Freeways and Expressways San Luis Obispo county JOINT POWERS AGREEMENT OF THE SAN LUIS.OBISPO COUNCIL OF GOVERNMENTS WITNESSETH: . THIS -JOINT POWERS AGREEMENT is made and entered into this 17,th day of January, 1976; and amended on: Novemlier4, 1982, September.19; .1984; July 19, 1990, June:10; 1992, June 2, 1993, June:8, 199% and August 5, 1998 by,and among.such, ofahe:incorporated cities of Arroyo Grande, Atascadero;. EI Paso de'. Robles,. Grover; Beach, •Morro Bay, Pismo Beach, and San Luis°Obispo; all be municipal corporations of the State.of.Califomia and located within. boundaries: of the.. of'San Luis Obispo,, Califomia, as rriay `execuie this:Agreement, hereinafter called "CITIES;" and the:County of San Luis Obispo, a body,politic'and corporate and, a subdivision •of the State of California, hereinafter called "COUNTY;'.as follows:: . WHEREAS; Section 6500 et seq.: of the. Califomia Government, Code (Title 1 Division 7, Chapter .51'Artide 1) providesfior agreements 'between two or more public .agencies to ,jointly exercise any power common to the contrac'Ung parties subject to certain. mandatory provlslons contained: therein; and WHEREAS,'the City of San Luis Oblspo.by. virtue of its charter, and the other Incorporated cities in.the:County; parties, hereto, by virtue of.Sections.656010 through 656K indusiye; of the. Califomia Govemment'Code. have the joint and mutual power to create an area. planning. council; , and .-WHEREAS, COUNTY. AND CITIES did, in .1966; jointly •execute, an 'agreement establishing such a pianning:'council and now -wish to amend and supersede `the same;: and WHEREAS, Section 29532_Cal'rfomia Govemment:Coder provides.thatsuch a. Planning anti Coordinating Coundl .shall be designated.; the Regional Transportation Plannng :Agency (RTPA) to act Immattefs of transit and transpoitation planning, and WHEREAS,. it' Is desirable. that, a single:agency be created by .and with the consent of CITIES,and'COuNTY to advise plan.for,.and suggest:'solutions to.. common problems; assist 1n the preparation of `plans end .programs'by utilizing planning talents and 'general .plans of the, various:.govemmental.jurisdictions m'_the, County and ,of experts in'vanaus other: fields and to ,coordinate their eff. orts;'and WHEREAS,, creation ofsuch an agency and action .by it upowdertain plans and programs. is necessary to ctlmpI with requirements' of federal and'.state. legislation 1n order to.partiGpate. in the allocation and disbursement of state and federal funds which may be de"sired by :.COUNTY; • and CITIES In the implementation of pians and: programs.whlch have been:approved by their respeave;governing bodies NOW, THEREFORE, it is agreed as follows _ 1.I50.OsosS'treet, Ste. 202, San Luis Obispo, CA 93401 * Tel. ;($05).781-4219 :Fax:.(805) 781=5703 SLOCOG JOINT POWERS AGREEMENT EXHIBIT A PAGE NO.2 • I. PURPOSE The member cities and county have joined together to establish the San Luis Obispo Council of Governments for the following purposes: 1. As a Regional Agency, address issues of mutual concern to the county and the cities in the San Luis Obispo region, and satisfy federal and state planning and programming mandates. 2. Provide a forum for planning, discussion, and study of areawide issues; prepare and adopt regional plans and programs; serve as the regional agency for federal and state programs and funding opportunities; and address other areawide issues based on the desires of the member jurisdictions. 3. Represent member jurisdictions as planner, programmer, and broker in developing an efficient and effective multi -modal transportation system that provides for the mobility needs of people, goods, and services while protecting the environment. 4. Maximize state and federal funding and facilitate the development, coordination, and implementation of local, and regional transportation programs to improve mobility and air quality. Establish and operate a call box program in the County. These purposes are to be achieved through the following methods: • 1. Administer the Joint Powers Agency (JPA) as the Council of Governments (COG), the Metropolitan Planning Organization (MPO), the Regional Transportation Planning Agency (RTPA), and the Service Authority for Freeways and Expressways (SAFE) for San Luis Obispo County. 2. Allocate applicable federal, state, and local transportation funds to member jurisdictions consistent with appropriate federal and state statutes, policies, and regulations, and adopted board policies and criteria. 3. Conduct a continuous, cooperative, and comprehensive inter -modal transportation planning and project programming process that satisfies federal and state requirements. 4. Facilitate and monitor the assessment, coordination, funding, utilization, and improvement of an effective and .efficient inter -modal transportation system that satisfies the existing and projected mobility needs of the region. 5. Develop and operate a Countywide call box system in coordination and cooperation with the California Highway Patrol (CHP) and the California Department of Transportation (CALTRANS). 6. Serve as the Regional Census Data affiliate to analyze and disseminate socio-economic and demographic data for integration into local and regional studies and plans. 7. Discuss and study area -wide problems of mutual interest and concern to the cities and • county and facilitate the development of policies and action recommendations for the solution of such problems. EXHIBIT A SLOCOG JOINT POWERS AGREEMENT PAGE NO.3 • II. ESTABLISHMENT OF THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) Upon the effective date of this agreement the parties hereto reaffirm the establishment of the San Luis Obispo Council of Governments hereinafter, SLOCOG, a separate and distinct public entity, as the agent to exercise the common powers provided for in this Agreement, and to administer or otherwise execute this Agreement. When originally established, SLOCOG was known as the San Luis Obispo County and Cities Area Planning and Coordinating Council, subsequently renamed respectively: the San Luis Obispo Council of Governments (SLOCOG), the San Luis Obispo Area Coordinating Council (SLOACC), and back to SLOCOG. SLOCOG, as successor entity to the original COG established in 1968, insofar as its predecessor entity has been designated, and insofar as legally authorized shall function as: 1. An Area Wide Planning Organization (APO), as designated by the U. S. Department of Housing and County Development (HUD); 2. A Council of Governments (COG), as designated by the Governor of the State of California; 3. A Regional Transportation Planning Agency (RTPA) as designated by the Secretary of Business and Transportation Agency of the State of California; • 4. A Metropolitan Planning Organization (MPO) as designated by the U. S. Department of Transportation; and 5. A Service Authority for Freeways and Expressways (SAFE) as designated by the County of San Luis Obispo and a majority of cities with a majority of population. 6.- A Census Data Affiliate as designated by the U.S. Bureau of the Census. III. POWERS The San Luis Obispo Council of Governments hereinafter called "SLOCOG," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the approved annual work program, including the power to: contract for goods and services; provide for employment of necessary personnel, experts and consultants; accept gifts, loans, and grants; acquire, hold and convey real and personal property; incur debts, obligations and liabilities; sue and be sued; and administer the affairs of SLOCOG hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the SLOCOG shall not be the • debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. EXHIBIT A SLOCOG JOINT POWERS AGREEMENT PAGE NO.4 • IV. MEMBERSHIP 1. Membership in SLOCOG shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in SLOCOG. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on SLOCOG in accordance with procedures established by each of the governing bodies of the member agencies. Delegates to SLOCOG, referred to as "Board Members", shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. The Director of the California Department of Transportation, District 5, or his/her appointee, may sit as an ex offca member of the Board. He or she shall receive all meeting notices and agendas, have the right to participate in Board discussions, and have the right to request matters on the agenda, but shall not be counted towards.a quorum of the Board and shall have no vote. r 3. Member city agencies may elect to have an alternate member(s) from their city council in • addition to any official member, but said altemate(s) shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or altemate(s), or changes thereto, shall be transmitted in writing to the Executive Director of SLOCOG by the appointing city. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the SLOCOG may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement. V. OPERATION 1. The powers of SLOCOG are advisory to the member agencies which execute this Agreement except for those actions mandated by . state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by SLOCOG. Nothing herein shall be construed to limit in any manner the power of • any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of SLOCOG may have the effect of precluding any favorable action by an agency of the state or federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. EXHIBIT A SLOCOG JOINT POWERS AGREEMENT PAGE NO.5 • 2. Except as otherwise provided herein, there shall be no costs incurred by SLOCOG pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said SLOCOG, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All -costs incurred by SLOCOG performing functions as the MPO and RTPA for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein, and State and Federal planning funds. All costs incurred by SLOCOG performing functions as the SAFE for San Luis Obispo County, as designated by adopted local resolutions, shall be paid out of the SAFE fund established pursuant to Section 2550, of the Streets and Highway Code as provided for therein. 3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary operation of SLOCOG, including but not limited to salaries, office space, furniture, and services and supplies shall be set forth in the budget as part of the annual work program of. SLOCOG and shall be funded from designated funds as approved by SLOCOG and applicable state and federal agencies. Extraordinary costs as recommended by SLOCOG shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all other extraordinary activities undertaken by SLOCOG as the Areawide • Planning Organization shall be set forth in the budget as part of the annual work program and shall be funded from contributions from member entities as approved by their governing boards or from designated funds as approved by SLOCOG and/or applicable state and federal agencies. 4. The annual work program and budget, when adopted, shall be the basis for operation of SLOCOG for the fiscal year. Any deviation from the work program affecting the budget shall be approved by SLOCOG. Any extraordinary costs which have not been funded as part of the COG, MPO, RTPA and SAFE budget requiring local contributions, shall be returned to the member agencies for approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including one (1) COUNTY representative. No action shall be effective without the affirmative votes of a majority of those present. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to SLOCOG shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of SLOCOG in an orderly manner. VI. OFFICERS 1. Officers. The officers of SLOCOG shall consist of a President and Vice President elected for a term of one year by a majority vote of member agency representatives to SLOCOG. • 2. Both the President and Vice -President of SLOCOG shall be elected at the January meeting. 3. The officers shall serve until their successors are elected. EXHIBIT A SLOCOG JOINT POWERS AGREEMENT PAGE NO.6 • 4. The duties of the officers shall be as follows: a. President: 1) Shall preside over all meetings of SLOCOG and the Executive Committee as Chairperson. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said SLOCOG. 4) Shall bean ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of SLOCOG. b. Vice -President: 1) Shall serve as President Pro -tern (delegated to temporarily serve as chair) in the absence of the President. 2) Shall give whatever aid is necessary to the President in administering SLOCOG. 3) Shall be an ex-officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice -President upon said officer's death, resignation, removal or his/her ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the SLOCOG with the officer elected to serve for the. balance of the unexpired term. • VII. PERSONNEL AND SERVICES 1. Executive Director. The Executive Director shall be selected by, and shall serve at the pleasure of and upon the terms prescribed by the SLOCOG Board. The powers and the duties of the Executive Director are to: a. Serve as the chief administrative officer for SLOCOG and to be responsible to SLOCOG for the administration of all SLOCOG affairs. b. Supervise and direct the preparation of the annual work program and budget to SLOCOG and be responsible for its implementation after adoption by SLOCOG. c. Attend meetings of SLOCOG Board and act as Secretary to the SLOCOG Board. d. Disburse all funds in accordance with the policies of the County -Treasurer and the County Auditor/Controller and the budget and work program adopted by SLOCOG. e. Prepare and submit to SLOCOG periodic financial reports and prepare a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. f. Appoint, supervise, suspend, discipline, or remove SLOCOG employees subject to • policies and procedures adopted by SLOCOG. g. Maintain a record of all financial transactions, correspondence and reports of SLOCOG. EXHIBIT A PAGE NO.7 SLOCOG JOINT POWERS AGREEMENT • h. Contract and assure completion of an annual fiscal audit of SLOCOG and a triennial performance audit of SLOCOG. i. Perform such other duties as SLOCOG may require in carrying out the policies and direction of SLOCOG Board. j. - Maintain custody and control of all property of SLOCOG, other than monies and securities. 2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as legal counsel at the pleasure of SLOCOG Board and shall be reimbursed for services rendered. 3. Treasurer. The Treasurer of the County of San Luis Obispo shall be the Treasurer of the SLOCOG. Treasurer shall: a. Receive and receipt all money of SLOCOG and place it in the treasury of San Luis Obispo County to the credit of SLOCOG. b. Be responsible for the safekeeping and disbursement of all SLOCOG money held by him/her. • c. Pay any sums due from SLOCOG, from SLOCOG'S funds held by him/her or any portion thereof, upon warrants of the SLOCOG controller designated herein. d. Verify and report in writing as soon as possible after the first day of July, October, January, and April of each year to SLOCOG the amounts of onies he/she holds for SLOCOG, the amount of receipts since his/her last report, and any interest accrued to those funds. e. Invest funds. SLOCOG shall reimburse the Treasurer for the actual cost of services rendered. 4. Controller. The Auditor -Controller of the County of San Luis Obispo shall serve as the Controller at the pleasure of the SLOCOG Board and shall be reimbursed for services rendered. The Controller shall: a. Draw warrants to pay demands against SLOCOG when the demands have been approved by the COG Board and/or the COG Executive Director. He/She shall be responsible on his/her official bond for his/her approval of disbursement of SLOCOG money. • b. Keep and maintain records and books of account under the custody of the Controller on the basis of generally accepted accounting practices. EXHIBIT A SLOCOG JOINT POWERS AGREEMENT PAGE No. 8 • c. Make available all such financial records of SLOCOG to a certified public accountant or public accountant contracted by SLOCOG to make an annual audit of the accounts and records of SLOCOG. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing standards. SLOCOG shall reimburse the Auditor/Controller for the cost of services rendered. 5. Bond Requirements a. The Executive Director and such other employees of SLOCOG as may be designated by the COG Board, shall file with SLOCOG an official fidelity bond in a sum determined by the Council as security for the safekeeping of SLOCOG property entrusted to such employees. Premiums for such bonds shall be paid by SLOCOG. b. The County Treasurer, and Auditor -Controller shall be bonded or self -insured through the county in -lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. Vill. MEETINGS 1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at more • frequent intervals as approved by SLOCOG. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of SLOCOG. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be generally held in the first week of August, October, December, February, April and June, as specified in the calendar adopted at the June and January meetings. 5. The Executive Director of SLOCOG will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of SLOCOG or vote on any motion before SLOCOG. 7. The meeting agenda shall be prepared by the Executive Director to SLOCOG. Agenda material shall be submitted to the Executive Director at least fourteen (14) calendar days prior to the next regular meeting and distributed to members at least twelve (12) calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgment of delegate based on public testimony. Unless authorized by four -fifths vote of the representatives at a regular meeting, only agenda items shall be considered by SLOCOG pursuant to provisions of the Brown Act. • 8. SLOCOG, at the discretion of the President may memorialize any of its actions by resolution. EXHIBIT A SLOCOG JOINT POWERS AGREEMENT PAGE NO.9 • 9. Robert's Rules of Order, or such other rules as SLOCOG may adopt, will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. SLOCOG shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to SLOCOG and shall be submitted to member agencies. IX. COMMITTEES Committees and subcommittees may be established as SLOCOG may deem appropriate. 2. Membership on "ad -Hoc" policy committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. 3. Standing committees shall include the: a. Technical Transportation Advisory Committee (TTAC) and the Citizen's • Transportation Advisory Committee (CTAC) to advise the board on transportation issues per adopted Committee bylaws. b. Regional Transit Advisory Committee serving as the Regional Transit Productivity Committee to advise the board on the efficiency and effectiveness of transit systems and fulfill all responsibilities as required by Sections 99238 and 99244 of the Public Utilities Code; and c. An Executive Committee comprised of the President, Vice President and the past President and at least one representative from the county of San Luis Obispo (if none of the above). Said committee is to advise the Executive Director and SLOCOG on: draft agendas, personnel issues, budget and Overall Work Program; controversial, sensitive and major policy issues; and shall facilitate the annual performance evaluation of the Executive Director. Items for review shall be selected by the 'Executive Director with consultation by the President. All Committee members may include agenda items as they desire. For purposes of conducting business, a quorum shall constitute two members. 4. No committee shall commit SLOCOG on any matter or questions of policy. Such matters or questions can only be decided by SLOCOG. 5. All committees shall receive clerical assistance from SLOCOG staff for the purpose of maintaining minutes of meetings and other such duties as the Executive Director may direct. The • chair of each committee shall sign the original copy of the minutes indicating verification of contents upon committee adoption. Copies of minutes of all meetings shall be sent to members of SLOCOG and the Executive Director. EXHIBIT A SLOCOG JOINT POWERS AGREEMENT PAGE NO. 10 • X. FINANCE 1. SLOCOG shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount. 2. The Treasurer of the County of San Luis Obispo is designated the depository, and shall have custody of all money of SLOCOG from whatever source received. SLOCOG shall contract with an independent certified professional accountant to conduct annual fiscal audits as required by the California Public Utilities Code Section 99245 and the Federal Single Audit Act of 1984. XI. CITIZEN INVOLVEMENT SLOCOG shall carry out a process for citizen involvement in major decisions in accordance with an adopted Public Involvement Plan for Transportation Planning. Such process shall include: Transportation Advisory Committee(s) for advising SLOCOG on transportation issues; legal notices, and or press releases for adoption of all plans and for the allocation of and prioritization of funding; and widespread distribution of an agency newsletter. XII. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives • to serve as official members of SLOCOG or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before SLOCOG, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from SLOCOG and terminate its participation in this agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to SLOCOG, provided, however, that SLOCOG may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of SLOCOG. If any party hereto fails to pay its contribution, as determined by SLOCOG, said entity shall be deemed to have voluntarily withdrawn from SLOCOG. 4. SLOCOG may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescission Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of SLOCOG in proportion to the contributions made. XIII. EFFECTIVITY • This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. EXHIBIT A SLOCOG JOINT POWERS AGREEMENT PAGE NO. 11 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. • 0 CITY OF ARROYO GRANDE Mayor Clerk CITY OF ATASCADERO By: Mayor Clerk CITY OF GROVER BEACH Mayor Resolution No. Date: Resolution No. Resolution No. Clerk CITY O(F�M. O. RRO\ BAY By: �t 1, ti N e — Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Resolution No. Clerk EXHIBIT A SLOCOG JOINT POWERS AGREEMENT PAGE NO. 12 • KI CITY OF PISMO BEACH By: Mayor Clerk CITY OF SAN LUIS OBISPO Mayor Clerk COUNTY OF SAN LUIS OBISPO. By: Chair Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JAC CRAWFORD SLOCOG Legal Counsel 6v: Legal Counsel Dated: Adopted by SLOCOG August 5, 1998 Date Resolution No. Resolution No. Date: Resolution No. 0.5brop}ever_1\Wl1OVERALLMURK PROGRAM 19%-9M100-Agency Adn k=ioNO.1W-Bowd,Ca nSupporWOGS=dUPAs\SLOCOCJPA.Cac • RESOLUTION NO. 90-98 RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS, CATASTROPHIC LEAVE POLICY Is 96 91wel U lV<496I II ► Nl l I City of Morro Bay, California WHEREAS, Resolution No. 46-95 established a Catastrophic Leave Policy; and WHEREAS, said policy was established to mitigate catastrophic illness or injury of an employee or employee's immediate family by continuing employee's compensation through donations of leave time from fellow employees; and WHEREAS, if the immediate family member employee is caring for during use of catastrophic leave time dies, an additional amount of time off for employee may be necessary in order to recover from such a catastrophic event. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 46-95 is hereby amended • to add Section 3(h) as follows: CATASTROMC-LEAVE_P_OLIC_Y_ (3) Procedure toAccess-Sick.I,eav"ank (h) In the event an employee is using catastrophic leave for the care of an immediate family member and said family member dies, employee shall be entitled to an additional five (5) working days off, if available in the catastrophic leave bank, to recover from said loss. Any bereavement leave provisions are separate from this policy. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 281' day of September, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None Cr CATHY NOAkK, Mayor ATTEST: BRIDGET UER, City Clerk RESOLUTION NO. 46-95 RESOLUTION AMENDING RESOLUTION NO. 34-83, PERSONNEL RULES AND REGULATIONS, TO ESTABLISH A CATASTROPHIC LEAVE POLICY WHEREAS, the employees of the City of Morro Bay desire to help their co-workers during times of extreme stress when facing catastrophic events in their lives; and WHEREAS, a catastrophic event in an employee's life can be mitigated by uninterrupted compensation while the employee is incapacitated or cares for a family member. • NOW, THEREFORE, BE IT RESOLVED that Resolution 34-83 is amended to include the attached Catastrophic Leave Policy. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the loth day of April, 1995 on the following vote: AYES: NOES: ABSENT: ATTEST: Anderson, Crotzer, Novak, Unger, Yates None None I � BRIDGE1 BAUER, City Clerk • • J. CATASTROPHIC LEAVE POLICY (1) Purpose The purpose of the Catastrophic Leave Policy is to establish a Sick Leave Bank into which employees may voluntarily donate sick or vacation leave hours. This Bank will be used to assist employees who have exhausted all leave credits and have a serious or catastrophic illness or injury to the employee or his/ her immediate family as defined herein. It is the employee's responsibility to accumulate and maintain as high a sick leave balance as possible, precisely for the very reasons this Bank is established. Thus, this program is to assist employees during an extended illness or injury that could not otherwise be reasonably provided for by the employee's total leave balance. (2) Definitions (a) Catastrophic Illness or Injur An illness or injury which incapacitates the employee and • creates a financial hardship because the employee has exhausted all of his/her accumulated leave. Catastrophic Illness or Injury is further defined as a debilitating illness or injury of an immediate family member that requires an employee to take time off from work to care for the family member, and this creates a financial hardship because the employee has exhausted all of his/her accumu- lated leave. (b) Immediate Famil Immediate family includes spouse, son, daughter or employee's mother or father. (c) Eligible Employee To be eligible, an employee must meet all of the following criteria: (i) Be employed in a permanent position; (ii) Have exhausted all paid leave balances; (iii) Employees receiving workers compensation or disability insurance will only receive enough sick leave hours to bring their compensation up to base pay. No insurance dollars will be paid while on catastrophic leave. • Insurance will be maintained as long as employee is using sick leave bank hours. (4) Be disabled due to a verifiable, catastrophic injury or illness or needed to care for employee's family member disable due to a verificable, catastrophic injury or illness. (d) Donor Employee In order to be eligible to donate sick leave hours to the City-wide Sick Leave Bank, an employee must be in a perma- nent position and maintain a minimum of 40 hours sick leave and a minimum of 40 hours vacation accrual after donation. Part time employees in a permanent position must maintain their prorated equivalent balance. (Example: Half-time employee - 20 hours) (e) Donated Time For the purposes of this program, sick leave and vacation may be transferred from a donating employee to the Sick Leave Bank. No transfers of remaining balances of vacation or sick leave will be allowed upon employees' termination, separation or retirement. • (3) Procedure to Access Sick Leave Bank (a) An eligible employee shall submit a "Catastrophic Leave/ Donation Application" to the employee's Department Head for recommendation to and approval by the Personnel Officer. (b) Along with the application, employee must submit a written medical verification of his/her condition, or the medical condition of his/her immediate family member. When the medical emergency involves an immediate family member, the employee must supply written documentation from the family member's medical physician that the medical condition of the family member necessitates the em- ployee's personalattendance during the employee's normally scheduled work hours, and that reasonable accommodation by the employee's Department is possible in order to meet the medical need. (c) All information regarding the leave application will be kept confidential and the employee will be notified by the Personnel Officer when a determination has been made regarding the application. (d) Any application which is denied may be a appealed to the City Administrator. The City Administrator's decision shall be final. . (e) The maxi the Sick providing Part time to their number of mum number of hours an employee may access from Leave Bank is 720 hours in any 12 month period hours remain in the Sick Leave Bank to access. employees in a permanent position will be entitled prorated equivalent of 720 hours based on the hours per month employee works. (f) If the application is approved, hours from the Sick Leave Bank will be transferred to the sick leave account of the absent employee as the hours are used. (g) There will be no coercion of employees to donate, this is strictly a voluntary program. All donations will be con- fidential. (4) Conditions for Donating Leave Hours (a) Only sick leave and/or vacation time may be donated. (b) An employee must maintain a minimum of 40 hours sick accrual at the time donation is made (i.e. full time employees - 40 hours; half time employees - 20 hours). (c) Donations shall be in hourly increments. • (d) An employee may donate a maximum of 120 hours of sick leave in any calendar year. ,* (e) The transfer of leave hours is irreversible. (f) Transferred and accessed hours to and from the Sick Leave Bank shall be on an hour for hour basis without regard to an employee's cash value equivalent of the amount of time donated or used. (g) Donations are to the Sick Leave Bank, not individual employees. (h) Records of sick leave donations/balances will be the responsibility of the Personnel/Finance Offices. ki I* RESOLUTION NO.89-98 APPROVAL OF AMENDMENT #1 TO THE MASTER LEASE FOR LEASE SITE 62-62W ADDING OPERATION OF A TRANSIENT OCCUPANCY UNIT AS A PERMITTED USE OF THE LEASE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 62-62W under a lease agreement dated July 25, 1995 ; and, WHEREAS, Rob Reed and Frank Loving, dba Kayak Horizons, are the Tenants under said lease; and, WHEREAS, City and tenant now desire to amend said lease to allow tenant to operate a transient occupancy unit on the site; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Amendment # 1, to add operation of a transient occupancy unit as a permitted use to the lease, is hereby approved. BE IT FURTHER RESOLVED that approval of Amendment #1 for Lease Site 62-62W is contingent on Tenants receipt of any and all other required governmental permits and approvals including but not limited to a minor use permit from the City. The Mayor shall be authorized to execute Amendment # 1 attached hereto subject to this contingency. •PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28" day of September, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CAT Y NO AK, MAYOR BRIDGET AUER, CITY CLERK AMENDMENT#1 LEASE AGREEMENT FOR LEASE SITE 62-62W This Amendment #1 is made and entered into as of this day of by and between the City of Morro Bay, a municipal corporation of the state of Ca ifo is (hereinafter "City"), and Robert Reed and Frank Loving, (hereinafter "Tenant") to amend that certain ground lease known as Lease Site 62- 62W between City and Tenant dated July 25, 1995 (hereinafter the "Lease"). WHEREAS, the City is grantee and lessor of granted Tidelands within the City limits, including those lands known as Lease Site 62-62W; and, WHEREAS, Tenant currently operates the Kayak Horizons business on Lease Site 62-62W; and, WHEREAS, the existing building improvements on the site include a second floor living space/office; and, WHEREAS, Tenant desires to convert the second floor living space/office to a transient occupancy unit but the Lease currently does not permit that use; and, NOW THEREFORE, City and Tenant mutually agree to amend the Lease as follows: Section 4.01 "Permitted Uses" of the Lease shall be amended to add operation of a transient occupancy unit as a permitted use. Tenant agrees that this additional permitted use does not waive or supercede any other required permits and approval including but not limited to acquiring a minor use permit for the conversion of the existing living space/ office into a transient occupancy unit. Onant agrees that it is Tenant's sole responsibility to acquire said permits and approvals and City makes no guarantee that the existing building improvements are suitable for conversion to the new use. Tenant further agrees that all gross income off of sales from the new use will be subject to percentage of gross sales rent as provided for in the Lease agreement and the City transient occupancy tax. Any failure to fully report gross sales and pay percentage of gross sales rent or transient occupancy tax shall be a violation of the Lease. All other terms of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby execute this amendment CITY OF MORRO BAY Cathy Novak, Mayor ..- •PPROVED AS TO FORM Robert Schultz, City Attorn y, Frank Loving KAYAK HORIZONS 551 EMRARCADERO, MORRO BAY, CA 93442 TEL (805) 772-6444 FAX (805) 772-6445 September 9,1998 Mr. Rick Algert Harbor Director City of Morro Bay RE: Amendment to Lease Site 62-62W Dear Rick, This letter is in regards to amending to the lease site 62-62W a single transient occupancy. As you know, my partner Frank Loving and myself have been the owner/operator of "Kayak Horizons" since October of 1996. It is well known that the sport of kayaking is the ideal way to appreciate and learn about the unique beauty of • Morro Bay and the adjoining National Estuary. We feel that this experience could be further enhanced by adding a transient occupancy. This would create a kayaking "destination" where people could take in the full experience of the natural surroundings kayaking on the Bay, then further enjoy them in a small but tastefully appointed room. We will only be cleaning up and refurbishing the existing space above Kayak Horizons and continue to provide kayak rental and retail below. This "bed and kayak" concept is gaining popularity around the country at many rivers and other natural areas by providing and combining both comfortable facilities and kayak instruction/tours. As I have mentioned before, Morro Bays' kayaking potential has been written up in many prominent magazines and newspapers, and we have been receiving calls about the area from as far away as Ohio. We are glad to be able to help promote tourism and the City of Morro Bay through advertising and a solid reputation for customer service. If you have any questions regarding this project, please do not hesitate to call. Thank You. Best Regards, Bob Reed n U City of Morro Bay HARBOR DEPARTMENT 1275 EMBARCADERO, MORRO BAY, CALIFORNIA 93442 80S-772-6254 APPLICATION APPLICATION FOR AMENDMENT OR ASSIGNMENT OF CITY LEASE AGREEMENTS OR APPROVAL OF SUBLEASES TO CITY LEASE AGREEMENT To be completed and returned to the Harbor Office for processing. LEASE SITE #: �� — 1I2 W F.04-- IOJi", Lessee (please pri' ) 55/ Embar-ca�V-p qWailing Address City, State Zip APPLICATION FEE: 4266 . 7 (o K/cya`C �jt7r-; Z O✓) S Busines' Name —�1 7oC - [ygLIL4 Telephone REQUEST: Briefly describe the specific nature of the approval requested. Applicant's Signature • SEE REVERSE Date The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. • RESOLUTION NO. 88-98 APPROVAL OF SECOND AMENDMENT TO WATER RIGHTS AGREEMENT DATED AUGUST 10, 1982 BETWEEN ROANDOAK OF GOD AND THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Delmar Roy Ashurst and the Roandoak of God Corporation own property in Chorro Flats with a water well that has historically been used by the City of Morro Bay for drinking water supply; and, WHEREAS, the City of Morro Bay and Delmar Roy Ashurst of Roandoak of God entered into a water rights agreement dated August 10, 1982; and, WHEREAS, said agreement allows the City to draw water from the well in perpetuity in exchange for a number of considerations, including Roandoak's free use of one City slip and six moorings in the Harbor; and, WHEREAS, on August 25, 1997, the City and Roandoak of God executed an amendment to the water rights agreement to pay Roandoak of God $3,000.00 to give up the right to use one City slip; and, WHEREAS, the City and Roandoak of God desire to further amend the water rights agreement attached hereto and incorporated herein by this reference, to pay Roandoak of God $10,000 to give up the right to use 5 moorings; and, •WHEREAS, all other terms and conditions of the existing agreement dated August 10, 1982 including, but not limited to, the City's right to draw unlimited water from the well in perpetuity and Roandoak's right to use the remaining 1 mooring at no cost shall remain in full force and effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the second amendment to the water rights agreement, attached hereto, is hereby approved and that the Mayor is authorized to execute said second amendment. BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay herby appropriates the sum of $10,000.00 from the reserves of the Water Revenue Fund for the purpose of purchasing all rights, title, interests in 5 moorings currently held by Roandoak of God. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 281h day of September, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ow CATHY NO K, MAYOR BRIDGETT y3A UER, CITY CLERK • • • :110 V Il 8.✓ AL SECOND AMENDMENT TO AGREEMENT ii� I _ 'This amendment [b the agreement dated August 10, 1982 by and between the City -of- &"&Bay a Municipal Corporation, hereinafter referred to as CITY, and Delmar Roy Ashurst, hereinafter referred to as ASHURST, and ROANDOAK OF GOD, A CORPO 7IR, hereinafter referred to as ROANDOAK, is entered into on this _AT' day of 1998. WHEREAS, the CITY and ASHURST and ROANDOAK has entered into an agreement dated August 10, 1982 (hereinafter called the "AGREEMENT") whereby the CITY purchased perpetual right to remove water from the property described on Exhibit A of the AGREEMENT, and; WHEREAS, part of the consideration of the AGREEMENT was that ROANDOAK would receive use of 6 CITY moorings and 1 CITY slip, and; WHEREAS, ASHURST AND ROANDOAK by the fast amendment to said agreement, dated August 6, 1997, CITY and ROANDOAK agreed to terminate ROANDOAK's use of the one CITY slip in consideration of the CITY paying ROANDOAK $3,000.00, and/ WHEREAS, ASHURST and ROANDOAK desire to amend the AGREEMENT a second time, so that ROANDOAK will terminate rights to and use of 5 moorings in consideration of CITY paying ROANDOAK $10,000; and, WHEREAS, after execution of this second amendment, ROANDOAK will retain use of one mooring under the AGREEMENT per the following terms: 1. ROANDOAK AND ASHURST shall relinquish up and forego all rights, title and interest in the five (5)moorings and shall transfer all of said rights, title and interest in the five (5) moorings to the CITY effective upon City Council approval and execution of this agreement. In consideration of ROANDOAK's and ASHURST's transfer of all rights, title and interest in the five (5), moorings to CITY, CITY shall pay ROANDOAK the sum of $10,000.00. 2. This amendment to the AGREEMENT shall amend only the terms of paragraph 4 of said AGREEMENT. This amendment shall not be construed to amend any term of said AGREEMENT except for the terms contained in paragraph 4 of said AGREEMENT. All other terms of said agreement, including the CITY's existing perpetual right to remove water from the property, shall remain in full force and effect. In witness whereof, the parties hereto execute the amendment to the AGREEMENT. CITY OF MORRO BAY C'�� J CATHY N VAK MAYOR DELMAR RO ASHURST ROANDOAK OF GOD A CORPORATION SOLE ATTEST a BRIDGETT AUER, CITY CLERK DELMAR ROY ASHURST, PRESIDING APOSTLE OF ROANDOAK OF GOD, A CORPORATION SOLE APPROVED AS TO FORM �L. OBERT SCHULTZ, CI 9TTORNEY OFFICE OF THE PRESIDING APOSTLE OF ROANDOAK OF GOD, A CORPORATION SOLE x4ajota olka DELMAR ROY ASHURST, PRESIDING APOSTLE • AMENDMENT TO AGREEMENT This amendment to the agreement dated August 10, 1982 by and between the City of Morro Bay, a Municipal Corporation, hereinafter referred to as CITY, and Delmar Roy Ashurst, hereinafter referred to as ASHURST, and ROANDOAK OF GOD, A CORPO TTON LE, hereinafter referred to as ROANDOAK, is entered into on this - 06 day of 1997. WHEREAS, the CITY and ASHURST and ROANDOAK has entered into an agreement dated August 10, 1982 (hereinafter called the "AGREEMENTS whereby the CITY purchased perpetual right to remove water from the property described on Exhibit A of the AGREEMENT, and; WHEREAS, part of the consideration of the AGREEMENT was that ROANDOAK would receive use of 6 CITY moorings and 1 CITY slip, and; WHEREAS, ASHURST AND ROANDOAK no longer desire use of the CITY slip and the parties hereto now wish to amend the agreement as follows: 1. ROANDOAK AND ASHURST shall relinquish up and forego all rights, title and interest in the one (1) slip and shall transfer all of said rights, title and interest in the one (1) slip to the CITY effective upon City Council approval and execution of this agreement In consideration of ROANDOAK's and ASHURST's transfer of all rights, title and interest in the one (1), slip to CITY, CITY shall pay ROANDOAK the sum of $3,000.00. 2. This amendment to the AGREEMENT shall amend only the terms of paragraph 4 of said AGREEMENT. This amendment shall not be construed to amend any term of said AGREEMENT except for the terms contained in paragraph 4 of said AGREEMENT. All other terms of said agreement, including the CITY's existing perpetual right to remove water from the property, shall remain in full force and effect In witness whereof, the parties hereto execute the amendment to the AGREEMENT. CITY OF MORRO BAY k , ',— CATHY NCFYAK MAYOR ATTEST i APPROVED AS TO FORM DAVID HUNT, CITY ATTORNEY DELMAR ROY ASHU ST ROANDOAK OF GOD A CORPORATION SOLE DELMAR ROY ASHURST, PRESIDING APOSTLE OF ROANDOAK OF GOD, A CORPORATION SOLE OFFICE OF THE PRESIDING APOSTLE OF ROANDOAK OF GOD, A CORPORATION SOLE z *w, 4- aA DELMAR ROY ASHURST, PRESIDING APOSTLE n LJ THIS AGREEMENT is made and entered into this/0 day of August, 1982, by and between the CITY OF MORRO BAY, a municipal ,. corporation, -hereinafter referred to as CITY, DELMAR ROY ASHURST, hereinafter referred to as ASHURST, and ROMMOAE OF GOD, A CORPORATION SOLE: hereinafter referred -to ar P�.°f1DOAX R E C I T A L S WHEREAS, DELMAR ASHURST is the Presiding Apostle of ROANDOAR OF GOD,. A.CORPORATION SOLE and the only officer of RO;um0AE OF GOD; and WHEREAS, CITY and IDA ASHURST entered into an agreement dated March 27, 1965 which provided for CITY'S right to use the existing Well 9-A which is located on the property described on. Exhibit A and which agreement further provided for IDA ASHURST as the adjoining owner to use water for two existing residences and farm irrigation on the property described on Exhibit B; • and WHEREAS, IDA ASHURST, mother of DELMAR ASHURST, grante.i the property described on Exhibit A to DELMAR ASHURST; and WHEREAS, there is a lien and abstract of judgment filed against the property, by Hospice of San Luis Obispo Count_, Inc. against ROAI;DOAG in the approximate amount of S41,000.00; and WHEREAS, there are liens of the County of San Luis Obispo re judgment against DELMAR ASHURST in the approximate amount of $12,200.00 plus accrued interest; and NHEREAS, on July 26, 1982 there was a Sheriff's sale with respect to the lien of Hospice of San Luis Obispo County, Inc. at which time Hospice bid $30,000.00 for the property of ROANDOAE located in Paso Robles in partial satisfaction of a -1 • jpdgment in the total amount of approximately $41,000.00; and WHEREAS, the CITY has agreed with ROANDOAR OF CAD to • purchase the tight to remove water from the property described on Exhibit A and maintain the status quo as hereinafter set forth; - WW' THEREFORE, IT IS AGREED AS FOLLOWS: l., ROANDOAH does hereby grant to the CITY OF MORF;t! BAY With respect to all of the property described on Exhibit A the to extract water o m the exclusive and perpetual right drill On the existing well and any future wells the CITY may property described on Exhibit A and the eight to use said water ofit described herein is to for municipal purposes. The pr include the incidental rights to use of the property described on Exhibit A as follows: The tight to install and maintain the existing well and future wells, including pump stations, PiPenes, utility and li telemetry lines, required for the extraction of water; the ingress and egress for purposes of installing, tights of • rating said repairingr replacing, maintaining and ope fen off a seasonable surface feast facilities, the right to fe surrounding said well or wells not to exceed 150 square unless otherwise required for health reasons as necessary to protect the wells from contamination and meet public health standards for municipal drinking water purposes, the use of the surface of the property for the exploration and discovery of future well sites on the property, the right to drill and maintain, repair and replace existing and future wells for the for an extraction of water. The profit granted herein ishall not unlimited duration. Grantoruses wate�forproperty intended use adversely affect the quality of such l purpose. This grant of right is perpett'uuaal, C� for municipa -2- / R A 0 with the land described in Exhibit A, is appurtenant to such property, and binds all the heirs, successors, assigns and grantees of such property perpetually. As partial consideration .... for said transfer CITY agrees to pay all future real property taxes levied against the pioperty described'or.--Exhibit-A; --RGANDOAK-and DELMAR A.S'h URST agree to execute any and all additional documents which may be necessary to fully, completely, and perpetually grant the exclusive right to extract water from the above described _. property to the CITY OF MORRO BAY for use for municipal purposes. At no time shall more than two fully operational wells be maintained on the property. 2. CITY agrees to pay to ROANDOA& the sum of. $20,000.00 in cash and agrees to apply the proceeds first to reduce any indebtedness of ROANDOAR to Hospice of San Luis Obispo County, Inc. The amount paid to Hospice shall represent • the difference between $30,000.00 that Hospice bid at the Sheriff's sale and the balance owing to Hospice plus costs Of approximately $41,000.00 or approximately $11,000.00. The remaining portion of the cash shall be paid jointly to ROANDOAR OF GOD and RAY GIRARD. This agreement is contingent upon an agreement by Hospice to accept payment of said amount and to release the lien it has on the property described on Exhibit A for said payment. If Hospice does not accept said amount CITY shall have the right, at its option, to cancel this agreement. 3. The County of San Luis Obispo currently has recorded liens affecting DELMAR ASHORST totaling approximately $12,200.00. A judgment has been rendered in San Luis Obispo Superior Court that said liens do not apply to ROANDOA& OF GOD, A CORPORATION SOLE, successor in interest to DELMAR AM -3- The County of San Luis Obispo has appealed said judgment. ROANDOAK OF GOD and DEIM R ASHORST jointly and severally agree to indemnify the CITY OF HORRO HAY and save the CITY OF MORRO . HAY harmless from any and all claims, loss, costs or expense resulting from or relating to the County liens. d. As additional consideration for the purchase of perpetual water rights CITY agrees to provide to FOk1DID3AK six moorings and one boat slip at their present location or at such other comparable locations as are designated by the CITY at no charge. This right granted to ROANDOAK is a right which shall be available for the use of ROAM)= OF GOD and its members so long as said corporation exists and has members. This right is not transferrable and may not be 'transferred or sold by ROANDOAK. S. subject to CITY usage CITY agrees to and does hereby provide to ROANDOAK grazing rights, communal work rights, recreational rights. and incidental related uses, such rights do not include the right to construct structures, on approximately 5 acres owned by the CITY located east of the • existing County Road and adjacent to the property described on Exhibit A at no charge. The 5 acre parcel is described on Exhibit C. With respect to use of the 5 acres described on Exhibit C, the parties agree that no grazing rights shall exist as to any areas used in the future for a water recharge basin or basins which CITY will fence. Grazing rights do not apply to a reasonable minimum area surrounding existing and future well sites as reasonably necessary to maintain and protect public health. Further, grazing rights may also be limited in the area surrounding existing or future wells to the extent it is determined by the Health Department or the State Water Resources control Board or other agency with overriding - 40 0 • jurisdiction that such grazing poses a health hazard to such well or wells. Finally' CITY reserves the right to use limited of a fire drill area and for fire drill areas for construction City purposes where grazing shall not purposes and other future .FDANDOAK so long as ROANDOAK This is a right granted to ... occur. is a right 9ranta.1 to all '-be ., exlats and hoe members and members of RDANDWIK but is not Udnafartablt. 6.. In addition, CITY agrees to supply to ROANDOAK, from the existing or any future well located on free of charge, on Exhibit A, domestic water e0 the property described 1,100.000 residences and adjoining structures not to exceed prorated on a daily basis. ROANDOAK cannot gallons per month provide this water to a parcel other transfer, sell or otherwise than the parcel described on ' The parties agree that the property Exhibit B. koR(/py` which CITY will serve with water is all property presently owned by ROANDOAK. Said property is described on Exhibit B. • This agreement includes all property described by deeds recorded in the name of ROANDOAK as follows: deed - document number 6565, recorded Quitclaim February 10, 1978, Volume 20461, Page 897; deed - document number 10487, recorded April 8, Grant 1975, Volume 1827, Page 146; Joint Tenancy Grant deed - document numbs[ 17432, recorded July 24, 1964, Volume 1307, Page 594; and . Quitclaim deed - document number 6564, recorded February 10, 1978, Volume 2046, Page 896• the extent that any property described on Exhibit B To in the name of ROANDOAK OF GOD' the does not presently stand described on rights granted shall not apply. The property Exhibit B consists of approximately three acres. The righo -5- ll the property described on Exhibit B. city wiertydescribede If Roandoak sells only 1 domestic water from the well or wells located on the pon Exhibitallons (3)acres describe el not exceed 500,000 g on Exhibit A for use on the three total amount suppliedother than tn�ate • provided that the rtsupDlied shalt month prorated on a daily basis and successors in for water uses. per Roandoak shall pay C1ty's DumO:^9 cost described on Exhibit 8. be used only on the orocerty use of water applies to the grantees and successors in interest to said property and not to other property. 7. In the event CITY elects to file a condemnation action to acquire exclusive and perpetual water rights on the property described on Exhibit A. pOA11DOAK agrees to allow CITY to proceed to condemnation by default judgment subject to each and all of the terms and conditions of this agreement and for the consideration provided for in this agreement. a. Each of the parties hereto agrees to execute all other documents required under this agreement. g. CITY reserves the right to terminate this agreement in the event -.it electsr at its sole Option, to terminate its rights to ore water from the property described on Exhibit A provided CITY., shall give ROANDOAE at least 120 days prior written notice., gppNDOAR OF GOD. A CpRPORATION SOLE BY:� Da-MaR ROY JRST Presiding Apostle of ROANDOAK OF GOD, A ION SOLE OFFICE OF THE CORPORATION PRFSID1140 APOSTLERPORATIONSOLE A BY: DELtMR RO ASgORST Presiding Apostle • • RESOLUTION NO. 85-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RESCINDING RESOLUTION NO.53-97 AND ABOLISHING THE OFFICE CLOSURE HOURS FOR NON -SAFETY CITY OFFICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council recognizes the need to facilitate the needs of our residents and all persons doing business in the City; and WHEREAS, the City Council recognizes that closing City offices during the period of 1:30 p.m. to 3:30 p.m. has created a hardship for many of the residents and persons doing business in our City; and WHEREAS, public safety offices are currently open during the standard business day. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Resolution No. 53-97 shall be rescinded; and BE IT FURTHER RESOLVED that all City offices will be open during the standard business day of 8:00 a.m. to 5:00 p.m effective September 21, 1998. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of September, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOOK, Mayor ATTEST: pin I w - PAM, — 0 - =-- A . NIP 4m 0 • RESOLUTION NO. 84-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPOINTING ROBERT W. SCHULTZ, ESQ. AS CITY ATTORNEY AND APPROVING AN AMENDMENT TO THE CITY'S LEGAL SERVICES AGREEMENT WITH HUNT & ASSOCIATES THE CITY COUNCIL City of Morro Bay, California WHEREAS, David R. Hunt, Esq., was appointed as City Attorney for the City of Morro Bay on an interim basis effective January 21, 1993, and subsequently appointed as the permanent City Attorney effective July 1, 1993; and WHEREAS, the City has entered into a current Legal Services Agreement with David R. Hunt's law firm, Hunt & Associates, for that law firm to provide City Attorney services to the City of Morro Bay, with David R. Hunt, Esq., appointed as the City Attorney; and • WHEREAS, David R. Hunt has requested for personal growth reasons to be relieved of the specific obligations to serve as the City Attorney of the City of Morro Bay and requested that Robert W. Schultz, Esq., of Hunt & Associates be appointed in the position as City Attorney; and WHEREAS, City Council finds Robert W. Schultz, Esq., is an experienced attorney, skilled in the practice of municipal law, and has the qualifications necessary to serve as the City Attorney of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. Robert W. Schultz, Esq., is hereby appointed as the City Attorney of the City of Morro Bay to fulfill the functions of that office as provided by Government Code Section 36505 and Municipal Code Sections 2.16.070 and 2.16.080, in substitution for David R. Hunt, Esq., who is specifically relieved of that position, but shall remain in service of the City of Morro Bay as special counsel; and 2. The Mayor of the City of Mono Bay is authorized to execute an amendment to the Legal Services Agreement between Hunt & Associates, Attorneys and Counselors at Law, and the City of Morro Bay accomplishing the substitution of • Mr. Schultz for Mr. Hunt as City Attorney, a copy of which is attached hereto as Exhibit "A" and hereby incorporated by reference. • Resolution No. 84-98 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of September, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NO AK, Mayor ATTEST: • BRIDGETI AUER, City Clerk • Exhibit "A" • AMENDMENT TO CITY ATTORNEY LEGAL SERVICES AGREEMENT The City of Morro Bay and HUNT & ASSOCIATES, do hereby enter into an agreement to amend the City Attorney Legal Services Agreement pending between them with an effective date of July 1, 1995, as follows: 1. Robert W. Schultz, Esq., a senior associate with HUNT & ASSOCIATES is hereby substituted as the "City Attorney" in place of David R. Hunt, Esq., as appointed in the City Attorney Legal Services Agreement. 2. All other provisions of the City Attorney Legal Services Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties have executed this agreement on the dates • below provided. Dated: September 15, 1998 CITY OF MORRO BAY By: '� Cathy NoJak, Mayor ATTEST: s/drh/cmbctyadmen/ainmd1m dac 0 September 15, 1998 HUNT & ASSOCIATES By: ) n — David R. Hunt PAGE I OF 1 • RESOLUTION NO.83-98 APPROVAL OF AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE CENTRAL COAST MARITIME MUSEUM ASSOCIATION TO IDENTIFY A POTENTIAL SITE FOR CONSTRUCTION OF A MARITIME MUSEUM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Central Coast Maritime Museum Association (CCMMA) desires to construct a maritime museum in Morro Bay; and, WHEREAS, the City of Morro Bay strongly supports the CCMMA and desires to assist the CCMMA in constructing a maritime museum in Morro Bay; and, WHEREAS, the City of Morro Bay and the CCMMA have identified two potential sites for the maritime museum; and, WHEREAS, the City of Morro Bay and the CCMMA have reached an agreement to commit two potential sites for development of a maritime museum by the CCMMA. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor is hereby authorized to execute the agreement between the City of Morro Bay and the Central Coast Maritime Museum committing two potential sites for development of a maritime museum in Morro Bay subject to final approval of the agreement by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14"' day of September, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None `I..J BRIDGETT n UER, CITY CLERK 0 N-�-- CATHY NOVAIC, MAYOR AGREEMENT BETWEEN THE CENTRAL COAST MARINE MUSEUM ASSOCIATION • AND THE CITY OF MORRO BAY TO IDENTIFY A POTENTIAL SITE FOR CONSTRUCTION OF A MARITIME MUSEUM IN MORRO BAY Whereas, the Central Coast Maritime Museum Association (CCMMA) was incorporated as a non- profit California corporation in 1991 for the purpose of preserving the maritime history of the Central Coast; and, Whereas, CCMMA desires to construct a maritime museum in Morro Bay; and, Whereas, the City Council of the City of Morro Bay (City) strongly supports the CCMMA and desires to assist CCMMA in constructing a maritime museum in Morro Bay. Now therefore the parties hereto agree as follows: The City desires to designate two areas of City owned property for potential sites to construct the proposed Central Coast Maritime Museum. These sites are designated in "as is condition" and it is the responsibility of the CCMMA to investigate the sites to assure they are suitable for CCMMA's proposed project. Site #1 is a portion of the approximately 4 acres of City owned land directly West of the Duke • Energy Services Power Plant Farm and east of the existing Embarcadero extension as shown on the attached Exhibit A, made a part hereof by this reference. In the event that adjacent property is acquired by the City, the CCMMA would have the opportunity to discuss relocation of the museum site accordingly. Site #2: is that portion of the Front Street lot shown on the attached Exhibit A, made a part hereof by this reference, and labeled on Exhibit B as "Requested City Property for Museum Location" The City commits these lands to the Central Coast Maritime Museum project at no cost under the following conditions: 1. FUNDING: CCMMA shall assume all costs and responsibility for planning, permitting, design, construction, operation and any other costs or tasks associated with the maritime museum project. The City shall not be responsible for any costs unless specifically directed by a future City Council action. It is understood between the parties that CCMMA will attempt to acquire grant or foundation funding for the costs of the proposed museum. 2. DESIGN: Should CCMMA be successful in raising funds to construct the museum, CCMMA will meet with the City to define detailed property needs on the selected site and CCMMA will acquire all local, state, and federal permits and approvals required for said project on the site. Prior to final City Council action to dedicate a final detailed site on City property, the City Council shall review and approve the precise plan phase of the conditional use permit and the City reserves • the right to choose not to proceed with the project on City land should the City Council not accept the precise plan. CCMMA understands that public parking and traffic are critical issues for the City and CCMMA agrees that it will provide all additional parking required by the new museum in addition to existing public parking at the site. 3. OPTION TO LEASE: In the event that CCMMA obtains City Council approval of precise plans, the City action to dedicate the property for actual construction may take the form of a long term lease or option to lease. CCMMA shall negotiate with City staff a mutually agreeable lease or option to lease agreement which shall be presented to the City Council for review and or approval subsequent to the City Council's approval of the precise plan. The City reserves the right to negotiate a fair land rental and all other terms of any future lease agreement. 4. HOLD HARMLESS: The sites are offered in "as is" conditions and CCMMA agrees that it shall be CCMMA's sole responsibility to investigate the conditions (both physical and regulatory) of the Site to insure the sites are suitable for the proposed operations of the CCMMA. CCMMA agrees to investigate, defend, indemnify and hold harmless the City, its employees and agents, from and against any and all losses, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney's fees) and causes of action whatsoever character, which the City may incur due.to this agreement or CCMMA's operations or any acts or omissions of CCMMA or its guests, employees, agents and contractors. 5. TERM: This agreement shall be in effect from September 14, 1998 until September 30, 2003. Either party may terminate this agreement for any reason upon 90 days written notice to the other ply. • 6. ENTIRE AGREEMENT: This document constitutes the entire agreement between the City and CCMMA and supercedes all prior negotiations, oral and written. This agreement shall not be amended or modified in any respect whatsoever, except by a written instrument signed by the City and CCMMA. —eoj�S _ 9-17-`/-V l0j,"l Z Central Coast Maritime Museum Association, Cathy Novak, Uayor, City of Morro Bay Director Central Coast Maritime Museum Association, Director is Y Bridgett BaL City Clerk, City of Morro Bay Q Robert Schultz, Ci tt mey, City of Morro Bay -� � , / ^ :_� �(�.� .4`.'.� .. 6L .. `' t a .. 3� ., � .. Outh `T _ Pier I • CENTRAL COAST MARITIME MUSEUM CONCEPTUAL BUILDING AND SITE LOCATION EXHIBIT -B Morro Bay Power Plant :. Contractor Parking Area Conceptual; niariduie museum PG&E.easement area, • in addition to :. City property for museum location ?.; property for museum location . ' 1, ,'. Concepdtal •. ' parldng Plan .: ..•, 1 `-.' N i• � 1 , fr a CENTRAL COAST MARITDA , MUSEUM CONCEPTUAL WELDING AND SITE LOCATION EXHIBIT B Morro Bay Power Plant Contractor Parking Area r• ,I Fivnt Shm .4 Conceptual maritime museum -% • . , '• '.building PG&E easement ♦�`� requested in addition to City property for a \ ♦ museum location •i ` 'i .� ;•. �.. Requested City . . property for museum J. location ~ , . Concepmal Parking Plan ` r i\ `ql%\: t 0 r' CENTRAL COAST MARITME WSEUM CONCEPT17AL SITE LOCATION . Red area indicates portion of City owned property requested for maritime museum location. The blue area identifies current lease between the City of Morro Bay and PG&E. 'Easement area is requested in addition to City property for museum location. Requested City property for museum location PG&E / City Easement area W RESOLUTION NO. 82-98 AUTHORIZATION TO WAIVE DOCKAGE FEES FOR THE SAILING VESSEL ENDEAVOR DURING ITS MAY, 1999 VISIT IN MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in 1993 the 110 foot sailing vessel Endeavor was christened in Australia; and, WHEREAS, the vessel Endeavor is an exact replica of Captain James Cook's ship which accomplished one of the greatest maritime feats of scientific advancement and exploration in the world's history; and, WHEREAS, the Endeavor is currently touring the East Coast and drawing crowds up of up to 10,000 people per day to visit the vessel; and, WHEREAS, the Endeavor is currently scheduling port visits for its 1999 tour of the North American West Coast after which it will return to Australia; and, WHEREAS, the Endeavor has offered to visit Morro Bay Harbor for 10 days from May 14, 1999 to May 24, 1999; and, WHEREAS, the local sponsor for the Endeavor's visit will be the Central Coast Maritime • Museum Association (CCMMA), which will be responsible for providing shore side support for the visit; and, WHEREAS, part of the required shore side support is berthing location for the period of the visit; and, WHEREAS, the City of Morro Bay South T-Pier would be an excellent berthing location with sufficient parking in the area. NOW THEREFORE, the City Council of the City of Morro Bay hereby declares its support and welcome to the Endeavor and crew and the related support personnel. BE IT FURTHER RESOLVED, that the City shall waive Harbor Department fees for Endeavor during the period of its stay in the Morro Bay Harbor. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14'" day of September, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None Q CATHY NOVA AYOR BRIDGETT OUER, CITY CLERK RESOLUTION NO. 81-98 RESOLUTION DESIGNATING OPTION 1 (REVISED) AS THE APPROVED FRONT STREET PARKING LOT PROJECT FOR USE OF PARKING IN -LIEU FEES AND DIRECTING CONTINUED INVESTIGATION OF PROPERTY ACQUISITION the City Council, City of Morro Bay, California WHEREAS, by Resolution No. 34-97 adopted on May 27, 1997 the City Council did designate the expansion and rehabilitation of the Front Street Parking Lot, with an estimated Base Bid cost of $258,668 as the highest priority for implementation; and WHEREAS, said Resolution also directed staff to continue investigation of property acquisition for mitigation of parking space shortages; and WHEREAS, subsequent analysis, public testimony and consideration have resulted in the identification of additional options for the development of the Front Street Parking Lot in an incremental manner; and WHEREAS, at a regular meeting of the City Council held on September 14, 1998 Project options were presented and discussed; and WHEREAS, as result of consideration it has been determined appropriate to select Option 1 (Revised) as the designated highest priority project for implementation, with an estimated Base Bid cost of $120,821; and • WHEREAS, full mitigation of public parking space shortages necessitates the development of additional new parking spaces with the resulting need to acquire property for that purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay that Resolution No. 34-97 is hereby superseded and that the Front Street Parking Lot Option 1 (Revised) as considered by the City Council on September 14, 1998 is herewith designated to be a Project for use of Parking In -Lieu Fees; and BE IT FURTHER RESOLVED, the City Manager is hereby authorized and directed to pursue the Project, subject to City Council approval, to completion and to continue investigation of property acquisition to result in mitigation of the community's public parking space shortage. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 14th day of September, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None ATTEST: A- CATHY NWAK, Mayor I 1 i Rtti (BAUEk City Clerk City of Morro Bay • • , PUBLIC WORKS DEPARTMENT • 695 HARBOR STREET, MORRO BAY, CALIFORNIA 93442 805.772.6261 MEMORANDUM R E C,. E I V� �" August 26, 1998 EUG 26 1998 1 j DEPT. OF PUBLIC WORKS i To: Bill Boucher, Public Works Director CITY OF tdoRHO eA( From: Steven J. Sylvester, City EngineerJ0 Subject: Front Street Parking Lot Options Per our recent discussions and field meeting we have further refined options for the improvements to the Front Street parking lot. Specifically,. we have examined modifications to "Option 1" as discussed in our report of June 21, 1998. As a result of this effort we have also identified a new option (Option 1A) which provides overlay and striping of the existing parking lot area only, and does not add any additional paved surface or parking stalls. Both of the options under consideration include improvements to the trolley stop area on the Embarcadero. The improvements include the addition of a small sidewalk area with handicap ramp access adjoining the handicap parking stall area. Bench seating, landscaping and signage improvements are also proposed. These improvements are detailed on the attached exhibit. The options are further described as follows: OPTION 1 (Revised) 132 Spaces ESTIMATED COST $100,821. Add additional paved parking area at north and east sides of existing parking area. The City of Morro Bay is dedicated to the preservation and enhancement of our quality of life, and strives to provide a level of municipal service and safety consistent with and responsive to the needs of the public. • 2. AC leveling course on existing parking lot areas as needed. 3. Overlay existing asphalt surface with 0.15 feet of AC 4. Striping and marking 5. Trolley stop improvements OPTION 1A 106 Spaces $78,348. 1. AC leveling course on existing parking lot areas as needed. 2. Overlay existing asphalt surface with 0.15 feet of AC 3. Striping and marking 4. Trolley stop improvements Site plans and preliminary cost estimates are attached for each of the options. The cost estimates have been revised since the June 25 report to better reflect current bidding • conditions. The estimates presented with this report are considered adequate for planning purposes, but will need to be revisited when final engineering is completed. Please feel free to call if there are any questions. CC: David Cole, City Administrator Rick Algert, Harbor Director SJS/amm • 9418001.MB r-I L no / Z t7 2 H (n U z 3 a b / O Ln U ry n U d , paa� • 0 • interoffice MEMORANDUM TO: CITY ADMINISTRATOR FROM: HARBOR DIRECTOR DATE: 8/31/98 RECEIVEL, SEP 1-1998 SUBJECT: FRONT STREET RECONSTRUCTION COASTAL PERMIT Attached is copy of the Coastal Commission administrative permit for the Front Street lot proposed for Coastal Commission (CC) agenda on September 8, 1998 in Eureka. The administrative permit will be a renewal of the City's previous permit which included full blown reconstruction including drainage system improvements with detention and energy dissipater devices capable of retaining hydrocarbons and silt. You will note that in the proposed administrative permit CC has included new conditions regarding specifics of proposed drainage improvements. As you know, Council will shortly be considering reduced scope alternatives without drainage improvements. The CC is escalating their efforts on non -point source pollution such as street • run-off which raises concerns that they may not approve an amendment to the permit on a reduced scope project without drainage improvements. • cc: Bill Boucher, Public Works Steve Sylvester, Northcoast Engineering A: ADM/NG6/MEMOS/FRONT ST 8-3 / 1 STATE OF CAUFORNIA-THE RESOURCES AC _ _ PETE WLSON, o,,. CALIFORNIA COASTAL COMMISSION • ,1', �_' CENTRALCOAST STREET. SUITE 300OFFICE i T u 3 a 725 FRONT STREET, SUITE 300 ) ^ • SANTA CRU 6 CA 95080 1111 L �1 14081 421J863 I U ADMINISTRATIVE PERMIT NIIM6ER 3498-063 Applicant ................... City of Morro Bay, Harbor Department Project location........ East of the Embarcadero between Beach Street and Coleman Drive next to the Duke (former PG&E) power plant, City of Morro Bay. Project description .. Improvements to an existing parking lot: Add 68 parking spaces, install landscape planters, construct a marine recycle area, relocate storage yard area, underground existing utilities, install pedestrian and bicycle paths, parking and pedestrian signage, and other site furniture items (trash receptacles, benches, lights, and bike racks). Executive Director's Determination: The findings for this determination, and for any special conditions, appear on subsequent pages. Note: Public Resources Code Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set •for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Tuesday, September 8, 1998 at 10 AM Eureka Inn 7th & "F" Streets Eureka, CA (707) 442-6441 IMPORTANT: Before you may proceed with development, the following must occur: Pursuant to Title 14 of the California Code of Regulations, Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return to our office. Following the Commission's meeting, and once we have received the signed acknowledgment and evidence of compliance with all special conditions, if applicable, we will send you a Notice of Administrative Permit Effectiveness. Before you can obtain any local permits and proceed with development, you must have received both your administrative permit and the notice of permit effectiveness from this office. PETER DOUGLAS Executive Director By: LEE OTTER District Chief Planner Staff: Steve Guiney Date: August 19, 1998 Page: 1 of 7 File: 3-98-063.DOC Administrative Permit Number A-063 City of Morro Bay Parking Lot Improvements Page 2 of 7 • STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. • 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS 1. Drainage Plans. PRIOR TO COMMENCEMENT OF GRADING OR CONSTRUCTION, the permittee shall submit to the Executive Director for review and approval a copy of the final drainage plans which shall incorporate measures to prevent non -point source pollution from entering the waters of the Morro Bay estuary. Such measures shall include, but are not limited to, temporary silt fences and other sediment containment measures during the construction phase; and sediment traps, filter strips, and similar best management practices (BMPs) in the finished project. Specific recommendations may be found in the California Storm Water Best Management Practice Handbooks (March, 1993). 2. Regional Water Quality Control Board. PRIOR TO COMMENCEMENT OF CONSTRUCTION, the permittee shall submit to the Executive Director a copy of a water quality certification for the proposed drainage system, or waiver of water quality certification, or other evidence of review and approval of the drainage system, from the Regional Water Quality Control Board. 0 Adm. Arative Permit Number 3-98-063 City of Morro Bay Parking Lot Improvements Page 3 of 7 • EXECUTIVE DIRECTOR'S DETERMINATION The Executive Director hereby determines that the proposed development is a category of development which qualifies for approval by the Executive Director through the issuance of an administrative permit (Public Resources Code Section 30624). Subject to Standard and Special conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, is located seaward of the first through public road and is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, will not prejudice the ability of the local government to implement its certified Local Coastal'Program in conformity with the provisions of Chapter 3, and will not have any significant adverse effects on the environment within the meaning of the California Environmental Quality Act. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION The project is located in the harbor area of the City of Morro Bay and extends north from the foot of Beach Street to Coleman Drive adjacent to the Duke Energy (former PG&E) power plant property and from the Embarcadero east to the foot of the bluff. This area is essentially that now occupied by an existing parking lot and will be at least partially funded from the City's in -lieu parking fee program, which requires payment of fees for construction of future parking if a site cannot provide its own off- street parking. The City plans to relocate a storage yard for its Harbor Department; add a transit stop/information center/public restroom building, landscaping and street furniture including trees, • benches, directional signs, trash receptacles, pedestrian and bicycle paths, etc.; enlarge the parking lot toward the north and at its northeast corner; and reconfigure the parking spaces. The work will increase the number of spaces from 74 to 142. The site is on fill that dates from the 1940's; prior to that time much of the site was tidal mudflats. Because of that the site lies in the Commission's "original" permit jurisdiction. The work will entail the removal of nine Eucalyptus trees, eight less than 12 inches in diameter at breast height and one 36 inches in diameter at breast height, and a 10 x 10 foot storage shed. Street trees are proposed to be planted according to the requirements of the City's zoning ordinance. The proposal also includes improvement of sidewalks and bicycle paths. The project will improve access to the waterfront by providing additional parking spaces and will improve the appearance of the area. An administrative permit was previously granted for this project, in 1995. That permit has expired. That previous permit application included a new drainage system including two drainage detention and energy dissipater devices capable of retaining hydrocarbons/grease and silt. The current application does not contain details of the drainage. For that reason Special Conditions 1 and 2 are attached to his permit to ensure that best management practices are incorporated in project design and that non -point source pollutants do not enter the waters of the estuary. As conditioned, the project is consistent with the Coastal Act, including Sections 30210 et seq. (access), 30223 (coastal recreational support), and 30230 et seq. (protection of the marine environment). Additionally, the project is consistent with the City's certified LCP, which in this case is useful for interpretive guidance. • California Environmental Quality Act Section 13096 of the California Code of Regulations requires that a specific finding be made in Administrative Permit Number 3-98-063 City of Morro Bay Parking Lot Improvements Page 4 of 7 • conjunction with coastal development permit applications showing the application to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The City of Morro Bay adopted a negative declaration for the project. The Executive Director finds that the proposed- project, as conditioned to provide additional water quality protection measures, will not have any significant unmitigated adverse effects on the environment. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS I/We acknowledge that I/we have received a copy of this permit and have accepted its contents incl din 7allonditions. Appli Ys sig ature Date of signing • 0 V -SrRA 1) STATE BEACH tRO Bay Mario 6 rE 771 MONTANA Adm'l. trative Permit Number 3-98-063 1 City of Morro Bay Parking Lot Improvements Page 5 of 7 MORRO BAY� MORRO BAY Black Hill - STATE P"K :PARK loh% MORI L71% STA Administrative Permit Number 8-063 City of Morro Bay Parking Lot Improvements Page 6 of 7 • • • I IT Iz G(3 OCT ?6%. 4 LlelHX3. Adm, .native Permit Number 3-98-063 9vE-7 City of Morro Bty Parking Lot Improvements � Pl•�`;kivi m Page 7 of 7 I 5 w o -n 2 (� g w rCD C i.;.' I d e 7 2 v •D (p m (D O c') .;xr I ......, • 0 I T O 0 N ^O co r-yxK ; a .� CO S co m co m y CD i w CD w iu I 3 {_. 4 m = 7 w 3 Cr Cn CD JV CD •o . t f - S , O / A m -% - / O , , 0 w - / 0 m \. /\ m \ x i \ c \ \ ckv OF"iwR" 6 AY 0 RESOLUTION NO.80-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE FISCAL YEAR 1997/98 MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California WHEREAS, on March 10, 1997, the City Council adopted Resolution No. 19-97 to set fees and charges for the City of Mono Bay; and WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of providing those services; and WHEREAS, the City desires to amend the existing fee schedule to increase Harbor Department transient slip fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay, California, that effective September 1, 1998, Resolution No. 19-97 shall be amended to delete the previous Harbor Department transient slip fees and the following • fees shall be adopted in place of: Transient Slip Fee - Monthly, per linear ft. $5.50; Slip Rental - Daily, per linear ft. $.060. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a Special Meeting thereof held on the 17th day of August, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NO K, Mayor rAINr4-1n • RESOLUTION NO. 79-98 APPROVAL OF A SUBLEASE AGREEMENT FOR LEASE SITE 68/68W BETWEEN THE HELD FAMILY TRUST AND RICHARD AND DARLENE P. RODGERS, DBA GOLD TREE JEWELERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease site 68/68W; and, WHEREAS, the Held Family Trust is the lessee of Lease Site 68/68W which requires City Council approval of any sublease agreement; and, WHEREAS, the Held Family Trust has applied for approval of a sublease with Richard and Darlene Rodgers for retail sales and operation of a transient occupancy unit; and, WHEREAS, the lessees have received necessary City use permits to convert an existing residential unit on the Lease Site into a transient occupancy unit; and, WHEREAS, the lessees are in compliance with all terms of the master lease for Lease Site 68/68W. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the sublease between the Held Family Trust and Richard and Darlene Rodgers dba Gold Tree Jewelers is hereby approved.. BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay hereby authorizes transient occupancy use on the site provided subtenant and tenant comply with all local and state laws, including payment of transient occupancy tax. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting held thereof on the 17th day of August, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None OPEN - ml I.-. .e•qi• ♦. •�• 0 • CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered into this day of , 1998, by and between , hereinafter referred to as TENANT, and dba, hereinafter referred to as SUBTENANT and the City of Morro Bay, California, hereinafter referred to as CITY. RECITALS WHEREAS, a Master Lease was executed on 20 January 19 g3and; WHEREAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. - NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay all of the sums required of TENANT and SUBTENANT under the terms of the Master Lease dated t Ja.,,,ary 1981 hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: • (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. 3. The term of the sublease attached as Exhibit A shall be years commencing upon execution of said lease and this consent to sublease, provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, • including, but not limited to, a termination which occurs as a result of court judgment. Page I of 3 • 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as outlined in Exhibit B showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT 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. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. SUBTENANT acknowledges its duty to secure a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to comply with each and all of the terms and conditions of those documents. SUBTENANT acknowledges and agrees that this duty exists between SUBTENANT and TENANT and not between SUBTENANT and the CITY. 6. The proposed use by SUBTENANT is as follows: Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any • use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpermitted use. 7. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 8. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the CITY's consideration of the Consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 9. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY s insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from • time to time. Page 2 of 3 • 10. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 11. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BAY, evidenced by a resolution passed and adopted by said City Council, to the execution of the Sublease. This Agreement cannot be modified except by a written document approved by the City Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit A is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. CITY OF MORRO BAY A Municipal Corporation • By: r- Cathy Nov c, Mayor ATTEST: Bri gett Baerity Clerk SUBTENANT: TENANT: � t` LD 54i ,Ly By: zAga� Page 3 of 3 • RESOLUTION NO. 78-98 APPROVAL OF A SUBLEASE AGREEMENT FOR A PORTION OF LEASE SITE 87-88/87W-88W BETWEEN GEORGE LEAGE AND GEMMA LUNDBLADE, DBA SEA GEMS TREASURE 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 87-88/87W-88W; and, WHEREAS, George Leage is the lessor of said Lease Site; and, WHEREAS, George Leage has requested approval of a sublease agreement with Gemma Lundblade, dba Sea Gems Treasury; and, WHEREAS, the lease agreement for Lease Site 87-88/87W-88W requires City Council approval of any sublease on the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that sublease of a portion of Lease Site 87-88/87W-88W between George Leage and Gemma Lundblade, dba Sea Gems Treasury is hereby approved. • BE IT FURTHER RESOLVED, that said approval of the sublease is contingent upon the parties obtaining all necessary and required permits and licenses for operation of business on said Lease Site. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting held thereof on the 17" day of August, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None BRIDGETTQ�AUER, 0 CATHY NOVA , MAYOR • CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered iip to this day of 1998, by and between C2 a . , �herei er ,X[eferred to as TENANT, and (�mnr , I Unruh dba, /i (�e171S I YP�u ", hereinafter referred to as SUBTENANT and the City of Morro Bay, California, hereiriffler referred to as CITY. RECITALS 3 Zif(70 WHEREAS, a Master Lease was executed on and; WHEREAS, TENANT desires to assign a sublease for a portion of the premises to SUBTENANT. - NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. TENANT and SUBTENANT jointly and severally guaranty that TENANT will pay all of the sums f equred of TENANT and SUBTENANT under the terms of the Master Lease dated hereinafter known as "Master Lease". In the event TENANT fails to make such payment, SUBTENANT agrees to promptly make such payment to CITY for TENANT. Failure to pay the rent shall constitute a violation of the Master Lease and CITY shall, after three (3) days written notice to TENANT, have the following options: • (a) CITY may elect to pursue all legal remedies against TENANT alone or against both TENANT and SUBTENANT or against SUBTENANT alone. CITY'S election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts not paid and both TENANT and SUBTENANT agree that they are to be jointly and severally liable for any breach by the SUBTENANT. (b) CITY shall have all other legal remedies provided for in the lease and allowed by law, including the right to bring an action for unlawful detainer against SUBTENANT, TENANT or both for non-payment of rent by TENANT of SUBTENANT'S portion of rent due to CITY. 2. SUBTENANT specifically agrees to comply with each and all of the terms and conditions of the Master Lease. TENANT guarantees SUBTENANT's compliance with each and all of the terms and conditions of the Master Lease, and all of the parties agree that a violation by SUBTENANT of the terms of the Master Lease shall constitute a violation of the Master Lease by TENANT. TENANT agrees to take whatever action is required to secure SUBTENANT's compliance with each and all of the terms of the Master Lease, and agrees to indemnify CITY, as Landlord, from any and all claims, loss, cost or expense resulting from SUBTENANT's failure to comply with the terms of the Master Lease. 3. The term of the sublease attached as Exhibit A shall be years commencing upon execution of said lease and this consent to sublease, provided, however, that the term of the sublease shall not in any event exceed the terms of the Master Lease and said Sublease shall, in all events, terminate upon termination of the Master Lease for any reason, • including, but not limited to, a termination which occurs as a result of court judgment. Page 1 of 3 • 4. Pursuant to the provision in the Master Lease requiring TENANT to pay rental based on percentage of gross sales, SUBTENANT agrees to and shall keep full, complete, and accurate records, and books of account in accordance with accepted accounting practices as outlined in Exhibit B showing the total amount of gross sales, as defined in the Master Lease, made each calendar month in, on or from the subleased premises. SUBTENANT 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. Said records, books of account and all cash register tapes, including any sales tax reports that SUBTENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of TENANT, CITY, CITY'S auditor, or other authorized representative or agent of TENANT or CITY. 5. SUBTENANT acknowledges its duty to secure a copy of the Master Lease and each and all of the amendments to that Master Lease from TENANT and to review each and all of the terms and SUBTENANT agrees to comply with each and all of the terms and conditions of those documents. SUBTENANT acknowledges and agrees that this duty exists between SUBTENANT and TENANT and not between SUBTENANT and the CITY. 6. The proposed use by SUBTENANT is as follows: Percentage of Gross Rental Applicable to Permitted Use: ,- Said designated use shall not be changed without the prior written consent of CITY. SUBTENANT acknowledges that the percentage of gross payment required for the proposed use under the terms of the Master Lease is as set forth hereinabove. SUBTENANT agrees that any • use by SUBTENANT of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Master Lease, shall constitute an unauthorized use. The location and size of the proposed use shall not be altered without the prior written consent of the CITY. Specifically, and in addition to any other terms and provisions of the lease, all parties agree that if SUBTENANT makes a use of the subleased premises which is not included within or permitted under the terms of the Master Lease, TENANT shall be liable for and shall pay to CITY, 10% of the gross revenue from such unpemutted use. 7. SUBTENANT shall not alter or improve the premises or any part thereof without first obtaining the prior written consent of CITY. 8. SUBTENANT agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the CITY's consideration of the Consent to Sublease Agreement. SUBTENANT shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of CITY. 9. Unless SUBTENANT is included as an additional insured under the terms of TENANT's liability insurance, SUBTENANT agrees to maintain adequate liability insurance in the manner and form required under the Master Lease in an amount of not less than $1,000,000 per occurrence and agrees to name the CITY OF MORRO BAY as an additional primary insured without offset against the CITY's insurance. SUBTENANT agrees to provide the certificates of insurance and copies of the actual insurance policies to the CITY as required under the Master Lease and otherwise comply with the insurance requirements set forth in the Master Lease. CITY reserves the right to require reasonable increases in the liability insurance coverage from • time to time. Page 2 of 3 10. SUBTENANT and TENANT agree to indemnify and save CITY free and harmless • from and against any and all claims, including reasonable attorney's fees and court costs arising from SUBTENANT's failure to comply with any of the terms of this Consent and Sublease Agreement. 11. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the CITY OF MORRO BAY, evidenced by a resolution passed and adopted by said City Council, to the execution of the Sublease. This Agreement cannot be modified except by a written document approved by the City Council of the CITY OF MORRO BAY and signed by the Mayor and Clerk. A waiver of any of the conditions or terms of this Consent or of the Master Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Master Lease. 12. Attached as Exhibit A is a true and correct form of the proposed Sublease between TENANT and SUBTENANT. To the extent that the terms of such proposed Sublease are inconsistent with the terms of this Agreement or Master Lease with the CITY OF MORRO BAY, this Agreement or Master Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Master Lease, the Master Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. • ATTEST: \J CITY OF MORRO BAY A Municipal Corporation By: Cathy Nov c, Mayor SUBTENANT: LE Page 3 aj3 RESOLUTION NO. 77-98 • RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and • WHEREAS, the following is a statement of the proposed change: To provide Section 20423 (Harbor or Port Police Officers as "Local Safety Members") for local miscellaneous members and Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. BY Presiding Offi er CATRY NOVAK Mayor Title 10 August 17, 1998 Date adopted and approved (Amendment) CON-302 (Rev. 4/96) • 1] .4: 11. AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed June 1, 1965, and as amended effective August 15, 1981, November 19, 1983, January 7, 1989, June 24, 1989, June 22, 1991, June 10, 1994 and June 9, 1998 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June 9, 1998, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); . b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). PLEASE DO NOT SIGN "EXHIBIT ONLY" • 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. ELECTED OFFICIALS; b. APPOINTIVE COMMISSIONS; AND C. PERSONS COMPENSATED ON AN HOURLY BASIS. 5. This contract shall be a continuation of the benefits of the contract of the Morro Bay Fire District, hereinafter referred to as "Former Agency", pursuant to Section 20508 of the Government Code, Former Agency having ceased to exist and succeeded by Public Agency on July 1, 1965. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed Section 20508, Statutes of 1949, effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). • 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local police members only. b. Section 20965 (Credit for Unused Sick Leave). C. Section 20042 (One -Year Final Compensation) for local safety members only. d. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local police members only. e. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. f. Section 20423 ("Local Safety Member" shall include Harbor or Port Police Officers as described in Government Code Section 20423). PLEASE DO NOT SIGN "EXHIBIT ON[r • 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on August 15, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, $0 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. • b. Per covered member, $3.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local fire members. C. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 0 0 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIRE] KENNETH W. MARZION, CBYF ACTUARIAL & EMPLOY4 SERVICES DIVISION PUBLIC EMPLOYEES' REMENT SYSTEM AMENDMENT PERCON-702A (Rev. 8\96) day of , 19_ CITY COUNCIL o OF THE CITY OF MORRO BAY BY PRESIDING OFFICBIV A, q0 Witness lb Attest: Clerk RESOLUTION NO.76-98 A RESOLUTION ANNOUNCING ISSUANCE OF A BLANKET ENCROACHMENT PERMIT AND MASTER USE PERMIT FOR DOWNTOWN BUSINESS ENHANCEMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted Resolution No. 104-95 on August 28, 1995 designating the commercial areas from Kern Avenue to Market Street and from Surf Street to Driftwood Street as "Old Town", a distinct and unique area of historical value; and WHEREAS, the stated intent of the "Old Town" designation was to create a definable downtown for our citizens and businesses to take pride in; and WHEREAS, the City Council sponsored a mini Regional/Urban Design Assistance Team (R/UDAT) project in August 1997 to continue the support for stimulating business enhancement for the "Old Town" area; and WHEREAS, the final R/UDAT report made many suggestions for enhancing the business areas, including the use of street furniture and planters along storefronts; and WHEREAS, the City Council funded a test block of street furniture, including benches, planters, trash • receptacles and bicycle racks, in the core of the "Old Town" area to help stimulate enhancement projects by the business owners in this area; and WHEREAS, the City Council desires to continue to support and encourage business enhancement through the issuance of this Blanket Encroachment Permit and Master Use Permit for the specified improvements and uses described in Exhibit A, attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, that a Blanket Encroachment Permit and Master Use Permit is hereby granted for a period ending December 31, 1998 to all businesses within the designated "Old Town" area, subject to the guidelines described in Exhibit A. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay City, at a regular meeting held on this 27th day of July, 1998 by the following vote: AYES: Anderson, Elliott NOES: None ABSENT: None • ATTEST: BRIDGETT AUER, City Clerk Peirce, Peters, Novak 1✓ r-,cL- CATHY NOVAI ,Mayor .I:l/15/981.XMSOFFICMWINWOROWLAN&BLDU-ORDVOLS68-99.DOC Exhibit A Resolution No. 76-98 • GUIDELINES FOR BLANKET ENCROACHMENT PERMIT AND MASTER USE PERMIT FOR LIMITED USE OF PUBLIC SIDEWALKS OR RIGHT-OF-WAYS IN THE AREA DESIGNATED "OLD TOWN" July 27, 1998 Permitted Items The following items only are allowed on public rights -of -way I . Planters for live plants only. 2. Benches. 3. Tables and Chairs: allowed only with businesses where food and/or beverage service is the primary use EXCLUDING businesses that serve alcohol as the primary commodity (i.e., bars and liquor stores). Nonpermitted Items This permit does NOT authorize the placement of any merchandise, or signs other than City approved business identification banners, on public sidewalks or within a public right-of-way. • Plot Plan and Indemnification Required Prior to Locating Items Prior to locating any items on a public sidewalk or within a public right-of-way, a plot plan shall be submitted to the Public Works Department for approval. The plot plan shall indicate the following: a. The dimension of the building frontage. b. The location and dimensions of the items to be placed. c. The location of all doorways, driveways and any public utility poles or fire hydrants. d. The location and dimension of any existing planters, benches, trash receptacles, bicycle racks or other tables and chairs located along the building frontage of the proposed business and the adjacent businesses. 2. Prior to locating any item(s) as allowed by this permit, a document shall be provide in a form acceptable to the City assuming liability, and indemnifying the City and its officers and officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees that may arise out of the issuance of this permit. Overall Location Criteria I. A minimum 48 inch wide, unobstructed aisle shall be maintained at all times. 2. Nothing shall be placed that will block access to, or interfere with, entering or exiting any business. 3. Nothing shall be placed that will interfere with parked vehicles or access to the doors of parked vehicles. Location Criteria for Specific Item Allowed 0 Planters: May be placed against the front of the building or at, or near, the curb. • • • Resolution No. 76-98 Exhibit A - Permit Guidelines Page 2 Benches: Benches may be placed against the front of buildings, adjacent to tree wells, or at, or near, the curb and may not exceed eight (8) feet in length. No more than two (2) benches are allowed per business. If placed along the same line, the benches must be at least six (6) feet apart. Tables & Chairs: (Are permitted only at a business location serving food and/or beverages as a primary use.) May be placed only along the business edge of the public sidewalk or right-of-way. No more than two (2) table are allowed per business. Each allowed table shall be no more than 48 inches in diameter if round, oval or square, or 60 inches in length if rectangular. A minimum of 36 inches shall be maintained between tables, if more than one is placed. General Use Criteria 1. Benches shall be for use of the general public. 2. Businesses placing tables and chairs may designate such for customer use only. 3. Permitted items left in the public right-of-way after dark shall be readily visible to pedestrians. 4. If so directed by an employee of the City, to protect the health, safety and welfare of the public, or for failure to adhere to the requirements of this permit, any item deemed to be a hazard shall be moved or removed. General Maintenance Criteria 1. Any permitted item placed in the public right-of-way shall be maintained for appearance and safety. 2. The owner, or other responsible party in charge, of the business shall ensure prompt removal of all debris, refuse or trash. 3. At the close of business each day, all tables and chairs shall be removed and stored inside. 4. Planters shall be maintained with live plants at all times. Dead or dying plants shall be removed and replaced as necessary to maintain an attractive appearance. 5. Furniture to be used by the general public shall be maintained for safety at all times. • RESOLUTION NO.75-98 A RESOLUTION ESTABLISHING BY LAWS FOR THE RECREATION AND PARKS COMMISSION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Public Works Advisory Board established Board Policy and By Laws by Resolution of the City Council; and WHEREAS, the Recreation and Parks Commission is currently established with By Laws and Policy by sections 2.24.010- 2.24.110 of the Municipal Code; and WHEREAS, the City Council desires to streamline the Board and Commission process and update current By Laws; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt the Recreation and Parks Commission By Laws attached hereto and incorporate • herein by reference. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay on the 271 day of July, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: pbe 1511011111]. �• 0 CATHY NO C, Mayor • CITY OF MORRO BAY RECREATION AND PARKS COMMISSION BYLAWS PURPOSE AND AUTHORITY OF THE COMMISSION The duties and responsibilities of the Recreation and Parks Commission shall be to: A. Act in an advisory capacity to the city council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound recreation and parks planning and programming; B. Formulate policies on recreation services for approval by the city council; C. Recommend to the city council the development of recreational areas, parks, facilities, programs and improved recreation services; D. Recommend to the city council the adoption of standards concerning recreation and parks in respect to organization, personnel, areas and facilities, program and financial support; • E. Advise the Recreation and Parks Director in the preparation of the annual parks maintenance, park improvement and recreation budgets and long range recreation and parks facilities improvements; F. Adopt rules and regulations governing the use of recreation areas and facilities consistent with ordinances of the city for the safe use of city parks and facilities; provided, however, that the adoption of said regulations shall be reported to the city council at its first regular meeting following the adoption of said regulation. City council may repeal said regulation by majority vote if deemed unnecessary, unreasonable or not int he best interests of the city; G. Hold public hearings and meetings to conduct investigations and surveys for the purpose of securing facts and data concerning parks and public recreation. 11 • RECREATION AND PARKS COMMISSION BYLAWS PAGE The Recreation and Parks Commission shall consist of seven (7) voting members. Appointments to the Commission and filling of vacancies shall be made by the City Council and shall be a representative cross-section of both lay and professional knowledge. At least five (5) members shall be qualified voters of the City of Morro Bay, the remaining two (2) members may or may not be qualified voters of the City of Mono Bay. Two (2) members shall represent special groups; one a youth serving organization and one a senior adult service organization. However, the representative does not need to belong to any group that represents those needs. TERMS OF OFFICE Members of the Commission shall serve for a period of four (4) years commencing January 3 V. Appointments shall be made in such a manner so as no more than four (4) members' terms expire concurrently. Unanticipated vacancies shall be filled for the duration of the unexpired term only. QUALIFICATIONS • Members of the Recreation and Parks Commission shall serve without compensation. ABSENCE FROM MEETINGS Absence of a Commission Member from three (3) consecutive meetings without formal consent of the Commission as noted in its official minutes will constitute the voluntary resignation of the absent member and the position will be declared vacant. ORGANIZATION At its regular meeting in January or at its first regular meeting in February of each year, the Commission Members shall elect a Chair and a Vice -Chair who shall hold office for a period of one (1) year. The Chair shall preside over meetings, sign resolutions, establish the meeting agenda, appoint appropriate sub -committees and direct the affairs of the Commission. In the absence of the Chair, the duties of the office shall be performed by the Vice -Chair. The City of Morro Bay staff shall maintain accurate minutes and official activities of the Commission. LEGAL REFERENCE The Recreation and Parks Commission agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. 0 • RECREATION AND PARKS COMMISSION BYLAWS PAGE QUORUM A majority of the voting members of the Recreation and Parks Commission constitutes a quorum. Regular meetings of the Recreation and Parks Commission shall be held at the Morro Bay Community Center, 1001 Kennedy Way, Morro Bay, on the second Thursday of each month at 6:00 p.m. or as agreed by the Commission. The meetings shall be open to the public. The Chair may close meetings to public comment by consensus if it impedes the progression of the meeting. CITY STAFF The Director of Recreation and Parks or her/his official delegate shall be responsible for preparing agendas, reports and minutes pertaining to the Recreation and Parks Commission business and shall attend the Commission meetings. ROBERTS' RULES OF ORDER • In all matters and things not otherwise provided for in the Bylaws, the proceedings of the Commission shall be governed by "Roberts' Rules of Order," revised edition. The Recreation and Parks Commission can not negate a City Council action that pertains to the Commission by failure to follow Roberts' Rules of Order. BYLAWS AMENDMENTS All amendments to the Recreation and Parks Commission Bylaws shall be approved by the City Council. W /c Miavnbyla 40 • RESOLUTION NO.74-98 A RESOLUTION ESTABLISHING BY LAWS FOR THE HARBOR ADVISORY BOARD THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Public Works Advisory Board established Board Policy and By Laws by Resolution of the City Council; and WHEREAS, the Harbor Advisory Board is currently established with By Laws and Policy by sections 15.48 of the Municipal Code; and WHEREAS, the City Council desires to streamline the Board and Commission process and update current By Laws; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt the Harbor Advisory Board By Laws attached hereto and incorporate herein by reference. • PASSED, APPROVED AND ADOPTED, by the City Council of the City of Morro Bay on the 27' day of July, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: utw/Cq dVm74-98 0- 04�;t.- CATHY NOVkK, Mayor CITY OF MORRO BAY HARBOR ADVISORY BOARD BY LAWS Purpose and Authority of the Board The Harbor Advisory Board is established to review, advise and recommend to the City Council on items pertaining to the City Harbor. These include, but are not limited to: A. Use, control, promotion and operation of vessels and watercraft within the harbor, docks, piers, slips, utilities and publicly -owned facilities as a part of the City's Harbor, and water commerce, navigation, or fishery in the Harbor. B. Review and recommend rules and regulations pertaining to any of the matters listed in subsection A of this section. C. Review and recommend rates, tolls, fees, rents, charges or other payments to be made for use or operation of the Harbor. D. The Board shall make reports and recommendations to the various city boards, commissions or the City Council on matters relating to activities within the harbor when so requested to review items referred by other city boards, commissions or • the City Council. Such reports and board recommendations will be included in presentations before the City Council. _Appointments The Harbor Advisory Board shall consist of seven (7) voting members of which 4 must be qualified electors of the City of Morro Bay. The City Council will attempt to select members from the following categories: Morro Bay Commercial Fishermen's Association Waterfront Leasholders Marine Oriented Business Recreational Boating Three Members at Large (one of which shall be a representative of the South Bay/Los Osos area) Terms of Office The initial terms of four members shall expire January 31, 1997 and the terms of the three members shall expire January 31, 1996. Members of the Board shall serve for a period of four (4) years commencing January 31. Appointments shall be made in such a manner so as no more than four members' terms expire concurrently. Unanticipated vacancies • shall be filled for the duration of the unexpired term only. Qualifications Members of the Harbor Advisory Board shall serve without compensation. Absence from Meetings Absence of a Board Member from three (3) consecutive meetings without formal consent of the Board as noted in its official minutes will constitute the voluntary resignation of the absent member and the position will be declared vacant. Organization At its regular meeting in January or at its first regular meeting in February of each year, the Board Members shall elect a Chair and a Vice -Chair who shall hold office for a period of one year. The Chair shall preside over meetings, appoint appropriate sub -committees and direct the affairs of the Board. In the absence of the Chair, the duties of the office shall be performed by the Vice -Chair. The City of Morro Bay staff shall maintain accurate minutes and official activities of the Board. Legal Reference The Harbor Advisory Board's agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. Quorum A majority of the voting members of the Harbor Advisory Board constitutes a quorum. • Meetings Regular meetings of the Harbor Advisory Board shall be held at the Morro Bay Library Community Room, 625 Harbor ST, Morro Bay, on the first Thursday of each month at 7:00 p.m. or as agreed by the Board. The meetings shall be open to the public. The Chair may close meetings to public comment. City Staff The Harbor Director or his official delegate shall be responsible for preparing agendas, reports and minutes pertaining to the Harbor Advisory Board business and shall attend the Board meetings. Roberts' Rules of Order In all matters and things not otherwise provided for in the by-laws, the proceedings of the Board shall be governed by "Roberts' Rules of Order," revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Board shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow said rules. By -Laws Amendments All amendments to the Harbor Advisory Board By -Laws shall be approved by the City • Council. RESOLUTION NO.73-98 • TERMINATION OF LEASE AGREEMENT BETWEEN THE CITY AND MING DYNASTY FOR LEASE SITE 129W-133W AND APPROVAL OF A ONE YEAR LEASE AGREEMENT BETWEEN THE CITY AND MING DYNASTY FOR A PORTION OF LEASE SITE 132W AND 133W 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 129W-133W; and, WHEREAS, Ming Dynasty is the lessee of said property; and, WHEREAS, the City and Ming Dynasty have mutually agreed to terminate the existing lease agreement for said property and enter into a new lease agreement for the northerly 50 feet of the dock area; and, WHEREAS, the City will reserve the right to lease out the entire area to a full -service fish buyer operation with Ming Dynasty having conditional first right of refusal unless the area is to be operated by a non-profit or fishermen's cooperative. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the lease agreement for a portion of Lease Site 129W - 133W is hereby terminated. BE IT FURTHER RESOLVED that the one year lease agreement for a portion of Lease Site 132W and 133W is hereby approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27'^ day of July, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHY NOVAK, MAYOR 0 RESOLUTION NO. 72-98 • RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY THE CITY COUNCIL, City of Morro Bay, California WHEREAS, THE City Council finds that The Yellow Cab Company has made an application for a Certificate of Public Convenience and Necessity; and WHEREAS, Morro Bay Municipal Code Chapter 5.24 authorizes the City Council to grant a Certificate of Public Convenience and Necessity under appropriate findings; and WHEREAS, The City Council has determined that the Yellow Cab Company has the requisite background, experience and financial responsibility to conduct a taxicab service; and WHEREAS, The City Council finds that taxicab service is necessary and will provide a benefit to the public; and WHEREAS, The City Council has determined and set the rates for taxi service in Morro • Bay at $2.00 per "Flag drop" and $2.00 per mile, with a special one-way rate set for handicapped and seniors of a flat $6.00, or the actual meter reading, whichever is less. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Yellow Cab Company be granted a Certificate of Public Convenience and Necessity to operate a taxicab service in the City of Morro Bay. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 27" day of July, 1998, by the following vote; AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None CAt:n2� 0"(t -- CATHY NOV MAYOR ABSENT: None ATTEST: • 0 BRIDGET AUER, City Clerk interoffice MEMORANDUM To: COP Joe Loven From: Sgt. Dale Salyer Subject: APPLICATION FOR CERTIFICATION OF PUBLIC CONVENIENCE AND NECESSITY (CR# 98061510) Date: July 17, 1998 BUSINESS NAME: Yellow Cab Company P.O. Box 629 Oceano, CA 93445 • 805 489-1155/805 543-1234 Owner: Guy L. Munson 140 South Doliver Pismo Beach, CA 93449 805 773-4750 Anthony Romero 946 West Harding Santa Maria, CA 93454 805 896-2527 The applicants are currently serving the following cities in San Luis Obispo County, Pismo Beach - Grover Beach - Arroyo Grande - San Luis Obispo. There is no disqualify information in this area. Proposed Vehicles for Service: 1991 Ford LTD License Number 5S48469 Designated number 001 Lincoln Designated number 007 u • Page 2 July 17, 1998 Color scheme is primarily gold with black, block lettering depicting the name of the company, the cab number, and the phone number of the company. The owner has proposed that the city of Morro Bay would be serviced 24 hours a day. Two vehicles would be in operation between 5:00 am to 11:00 pm. One vehicle would be in operation between 11:00 pm and 5:00 am. The two proposed vehicles appeared to be of sound mechanical condition. The interiors and exteriors were clean. No body damage was seen on either vehicle. No disqualifying information in this area. (Romero did state that he was considering replacing cab 007 with another vehicle. He was advised of the procedures that would be involved in replacing cab 007.) Facts supporting approval of Certificate: Romero has stated that his company receives many calls for service each month ( approximately 10 calls per day). He stated that the surrounding area is serviced by the Yellow Cab Company and that he believes that it is a natural step to include the city of Morro Bay. Rates: • The rates proposed by Romero are the same basic rates that is charged in the other cities that the Yellow Cab Company services. The rates are: $2.00 per flag drop and $2.00 per mile Special rates for seniors and the disabled would also be available. As of this time, the special rates vary. In the Five Cities area the special rate is a flat $6.00 or the actual meter reading, depending on which is less. In the City of San Luis Obispo, the special rate is slightly higher at $7.00 or the actual meter reading, depending on which is less. The special rate applies only to one way trips. Insurance: See the attached copy of the Yellow Cab Company insurance policy. is ;� 'e•�t�'ti �j�� - - _. � -- 'lam...-y i r L= ` r_. r } r i7.1 rf' DECLARATIONS FOR A BUSINESS AUTO AMENDED 04/26/98 ITEM ONE Named Insured and Address ANTHONY & SOPHIA ROMERO OBA: YELLOW CAB 838 ALEJANDRO ARROYO GRANDE CA oducer Code: .050 Page 7 Policy No: CB 080964-7 Producer Name and Address CALIFORNIA MERIDIAN INSURANCE AGENCY 5806 TRAFFIC WAY 93420 ATASCADERO CA 93422 Broker: 770357533 Report Basis: Policy Period: From 12/23/97 to 12/23/98 at 12:01 A.M. Standard Time at your mailing address shown above. Insurer Company and Code: CAL EAGLE INSURANCE COMPANY Named Insured's Business: TAXI SERVICE Form of Business: INDIVIDUAL ADDITIONAL PREMIUM $2,683 IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column on the covered autos schedule. Each of these coverages will apply only to those autos' shown as covered "autos." "Autos' are shown as covered "autos" for a particular coverage by the entry of one or more symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the e age. COVERED .AUTOS LIMIT COVERAGES (Entry of one or more of the symbols from the COVERED AUTOS THE MOST WE WILL PAY FOR ANY ONE Section of the Business Auto ACCIDENT OR LOSS Coverage Form shows which autos are covered autos) LIABILITY BODILY INJURY 7 500,000 PER PERSON 1,000,000 PER ACCIDENT PROPERTY DAMAGE 100,000 PER ACCIDENT PERSONAL INJURY PROTECTION Separately stated in each PIP endorsement quivalent No—fault coverage) WED PERSONAL INJURY PROTECTION Separately stated in each added PIP endorsement (or equivalent added No—fault coverage) PROPERTY PROTECTION INSURANCE Separately stated in the P.P.I. endorsement (Michigan only) AUTO MEDICAL PAYMENTS UNINSURED MOTORISTS 7 30,000 PER PERSON 60,000 PER ACCIDENT UNDERINSURED MOTORISTS (When not included in Uninsured Motorists Coverage) PHYSICAL DAMAGE ACTUAL CASH VALUE OR COST OF REPAIR. WHICHEVER COMPREHENSIVE COVERAGE NOT AVAILABLE IS LESS MINUS $ Ded. FOR EACH COVERE IN CALIFORNIA AUTO. BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. See ITEM FOUR for hired or borrowed "autos." PHYSICAL DAMAGE SPECIFIED ACTUAL CASH VALUE OR COST OF REPAIR. WHICHEVER CAUSES OF LOSS COVERAGE NOT AVAILABLE IS LESS MINUS $ 25. Ded. FOR EACH COVERED AUTO IN CALIFORNIA FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. See ITEM FOUR for hired or borrowed "autos.' PHYSICAL DAMAGE NOT AVAILABLE ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER COLLISION COVERAGE IN CALIFORNIA IS LESS MINUS $ Ded. FOR EACH COVERE AUTO. See ITEM FOUR for hired or borrowed autos.' PHYSICAL DAMAGE NOT AVAILABLE $ for each disablement of a private passenger auto. TOWING AND LABOR IN CALIFORNIA (Not available in California) • VEHICLE $5, 92 FORD (7989) CA 00 03 12 93 Batch Rep Cur Date Run Seq End Last Run Eff Date Pages Yr INSURED F05228 E G 98126 65 005 98104 04/26/98 422 97 RPD RESOLUTION NO. 71-98 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING BY-LAWS FOR THE COMMUNITY PROMOTIONS COMMITTEE THE CITY COUNCIL City of Morro Bay, California WHEREAS, tourism is essential to the economic health and quality of life of the City of Morro Bay; and WHEREAS, the Community Promotions Committee was re -constituted in early 1991 by City Council Resolution Nos. 02-91, 32-91 and 21-96. The purpose of the Committee is to provide input and recommendations to the Morro Bay City Council on policies and expenditure programs to advertise and promote Morro Bay and its special events as a tourist destination point in geographic and demographic areas outside the boundaries of San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of • Morro Bay, California, do hereby adopt the Community Promotions Committee By - Laws. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of July, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ATTEST: ♦ram--1 -:: l ! _� 1 C'419101 mill]: 0 CATHY NOVAK, Mayor CITY OF MORRO BAY • COMMUNITY PROMOTIONS COMMITTEE BY-LAWS MISSION STATEMENT Tourism is essential to the economic health and quality of life of this community. The Mission of this Committee is to increase tourism to Morro Bay through marketing and advertising. PURPOSE AND AUTHORITY OF THE COMMITTEE The Community Promotions Committee was re -constituted in early 1991 by City Council Resolution Nos. 02-91, 32-91 and 21-96. The purpose of the Committee is to provide input and recommendations to the Morro Bay City Council on policies and expenditure programs to advertise and promote Morro Bay and its special events as a tourist destination point in geographic and demographic areas outside the boundaries of San Luis Obispo County. The Community Promotions Committee shall be comprised of up to seven (7) members, four of which must be qualified electors of the City of Morro Bay. Appointments to the • Committee and filling of vacancies shall be made by the City Council. Committee members shall serve at the pleasure of the City Council. Members shall serve without compensation, and shall hold no other public office in the City. TERMS OF OFFICE Members of the Community Promotions Committee shall serve for a period of four (4) years commencing January 31 st in the year specified when members are appointed. Appointments shall be made in such a manner so as no more than three members' terms expire concurrently. Unanticipated vacancies shall be filled for the duration of the unexpired term only. ABSENCE FROM MEETINGS Absence of a Committee Member from three (3) consecutive meetings without formal consent of the Committee as noted in its official minutes will constitute the voluntary resignation of the absent member and the position will automatically be declared vacant for appointment of a replacement by the City Council. RESIGNATION Should a member wish to resign from the Committee at any time during one's term of office, • a letter of resignation submitted to the City Council is expected courtesy. ORGANIZATION • At the last regular meeting in December, or first meeting in January of each year, the Committee Members shall elect a Chairperson and Vice -Chairperson who shall hold office for a period of one year. The Chairperson shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the Committee. In the absence of the Chairperson, duties of the office shall be performed by the Vice -Chairperson. If both the Chair and Vice - Chair are absent, the remaining quorum shall appoint one member to preside at that meeting. The City of Morro Bay staff will maintain action minutes of the official activities of the Committee. The Community Promotions Committee's agendas, reports, meetings and any and all actions shall be governed by the requirements of the Brown Act, as amended. A majority of the voting members of the Community Promotions Committee shall constitute a quorum. • Regular meetings of the Community Promotions Committee shall be held at the Morro Bay Community Center Senior Lounge, 1001 Kennedy Way, Morro Bay, on the third Wednesday of each month at 6:00 p.m. or as agreed by the Committee. The meetings shall be open to the public. The Chair may close meetings to public comment, provided that it is consistent with the Brown Act. CITY STAFF The City Manager or his official delegate shall be responsible for preparing agendas, reports, and minutes pertaining to the Community Promotions Committee business and shall attend the Committee meetings. In all matters and things not otherwise provided for in the by-laws, the proceedings of the Committee shall be governed by "Roberts' Rules of Order," revised edition. However, no ordinance, resolution, proceeding or other action of the City Council pertaining to the Committee shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow said rules. BY-LAW AMENDMENTS All amendments to the Community Promotions Committee By -Laws shall be approved by the City Council. 2 . RESOLUTION NO. 70-98 RESOLUTION AMENDING RESOLUTION NO. 89-97 GRANTING ONE TO FOUR YEARS ADDITIONAL SERVICE CREDIT THE CITY COUNCIL City of Morro Bay, California WHEREAS, Council adopted Resolution No. 89-97 on December 8, 1997 granting three years additional service credit for retirement purposes; and WHEREAS, said resolution established December 9, 1997 through April 9, 1998 as the period in which eligible members must retire to be entitled to the additional credit; and WHEREAS, Public Employees Retirement System has advised that Section 20903.5 of the Public Employees' Retirement Law requires the last day of the window period cannot exceed April 6, 1998. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 89-97 shall be amended to establish the period in which eligible members, who meet the conditions, must retire to be • entitled to the additional credit to begin on December 9, 1997 and end on April 6, 1998. BE IT FURTHER RESOLVED that all other provisions of said Resolution shall remain in full force and effect. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 27" day of July, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None CATHY NOVXK, Mayor ATTEST: 6"a -�� BRIDGETT AUER, City Clerk 0 RESOLUTION NO.89-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO GRANT ONE TO FOUR YEARS ADDITIONAL SERVICE CREDIT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is a contracting Public Agency of the Public Employees' Retirement System; and WHEREAS, California Government Code Section 20903.5 provides that when the governing body of a contracting agency determines that because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency would be served by encouraging the retirement of local members, the governing body may adopt a resolution to grant eligible employees one to four years additional service credit when certain conditions specified in said section exist; and WHEREAS, said Section requires the governing body to specify the • whole years of additional service credit being granted and to determine a period in which eligible members, who meet the conditions, must retire to be entitled to receive said credit; and WHEREAS, said period may begin as early as one day following, and end not more than 120 days following, the governing body's adoption of the resolution; and WHEREAS, said Section requires the governing body to designate the categories of eligible members and allows for eligibility to be limited to members employed in specific department(s), program(s) and/or position classifications within said agency. NOW, THEREFORE, BE IT RESOLVED that the City Council, as the governing body of the City of Morro Bay, has determined that because of an impending curtailment of service, or change in the manner of performing service, the best interests of the Public Agency would be served by encouraging the retirement of local members and desires to provide three (3) years additional service credit pursuant to Section 20903.5 for eligible local miscellaneous members; and 0 • Resolution No. 89-97 Page Two BE IT FURTHER RESOLVED, that said governing body determines that the period in which eligible members, who meet the conditions, must retire to be entitled to the additional credit shall begin on December 9, 1997 and end on April 9, 1998, and that to be entitled to the additional credit, eligible members, who meet the conditions, must be employed in the Public Works Department as a Maintenance Supervisor of the City of Morro Bay on the date of adoption of this Resolution. PASSED AND ADOPTED by the Mono Bay City Council at a regular meeting thereof held on this 8th day of December, 1997 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: DAVID HUNT, City Attorney ATTEST: jMC,jB—A—U-1!R, City Clerk n� CATHY N VAK, Mayor =PERS Actuarial & Employer Services Division P.O. Box 942709 • Sacramento, CA 94229-2709 Telecommunications Device for the Deaf - (916) 326-3240 (916) 326-3420 FAX (916) 658-1586 June 5, 1998 Ms. Ardith Davis Personnel Officer City of Morrow Bay 595 Harbor Street Morrow Bay, CA 93442 Dear Ms. Davis: JUKI - 81998 Employer Code #0531 Reply to Section 230 Per our conversation, the City's Resolution adopted December 8, 1997 to provide One to Four Years Additional Service Credit for local miscellaneous members will need to be amended. Section 20903.5 of the Public Employees' Retirement Law requires that the last day of the window period is not more than 120 days after the governing body's adoption of the • resolution. The window period specified on the City's Resolution was December 9, 1997 through April 9, 1998, which exceeds the 120 day limitation. The last day of the window period can not exceed April 6, 1998. Since Mr. Ramos retired on December 31, 1997, please be sure that the amended window period includes this date. For your convenience, I've enclosed a copy of Section 20903.5. We apologize for not informing you of this error earlier. If you have any questions or need further information, please contact me at (916) 326-3434. Sincerely, Dana Hlawaty Employer Representative DLH:dh • Enclosures California Public Employees' Retirement System Lincoln Plaza - 400 P Street - Sacramento, CA 95814 • § 20903.5. Early Retirement Local Members Certain Fiscal Years (a) Notwithstanding Section 20903 or any other provision of this part, for only the 1994-95, 1995-96, and 1996-97 fiscal years, when the governing body of a contracting agency, other than a school employer, determines that because of an impending curtailment of service, or change in the manner of performing service, the best interests of the agency would be served by encouraging the retirement of local members, the governing body may adopt a resolution to grant eligible employees additional service credit if the following conditions exist: (1) The member meets the age and service requirements of Section 21060, is credited with 10 or more years of service, and retires on service retirement on or before a date determined by the governing body that is within a period that is not more than 120 days after the governing body's adoption of the resolution. (2) The governing body agrees to transmit to the retirement fund an amount determined by the board that is equal to the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount the member would have received without that service credit and any administrative costs incurred by this system in a manner and time period acceptable to the governing body and the board. However, the payment period shall not exceed five years. If payment in full is not received within 30 days of the invoice, regular interest shall be charged on any unpaid balance. (b) (1) The resolution shall specify the categories of employees that are eligible to receive the additional service credit and the departments, programs and position classifications in which employee • members would be eligible for the additional service credit. (2) The resolution shall specify the period of eligibility, and the amount of additional service in whole years. The amount of additional service credit shall not be more than four years. (c) (1) The governing body shall certify either that sufficient positions have been deleted whose total cost equals or exceeds the lump -sum actuarial cost of the additional service credit granted or that all positions vacated due to the additional service credit granted pursuant to this section shall remain vacant for at least five years and until the lump -sum actuarial cost of the additional service credit granted has been recaptured from position vacancy salary savings. (2) The governing body shall certify to the board the extent to which savings will exceed necessary payments to the board, the specific measures to be taken to assure that outcome, and that the agency has complied with Section 7507. The board may require the governing body to provide verification of its certification through independent review. (d) At the time the governing body has achieved savings that are more than adequate to meet necessary payments to the board, or five years after commencement of the retirement period specified in paragraph (1) of subdivision (a), whichever occurs first, the governing body shall certify to the board the amount of actual savings and the measures taken to achieve the savings. The governing body shall maintain records for each worker retiring pursuant to this section. The board may require the governing body to provide verification of its certification through independent review. The board shall report these certifications to the Controller, who shall summarize the cost and savings information therein for inclusion in his or her annual report prepared pursuant to Sections 7501 through 7504. The Controller shall perform a postaudit to verify that the savings equal or exceed the lump -sum actuarial cost of the additional service granted pursuant to this section. The local contracting agency shall pay the cost of the postaudit. (e) This section shall not be applicable to any member otherwise eligible if the member receives any . unemployment insurance payments arising out of employment with an employer subject to this part during a period extending two years beyond the date of issuance of the governing body's determination or if the member is not eligible to retire without the additional credit available under this section. • (f) Any member who qualifies under this section, upon subsequent reentry into this system or upon any subsequent service under contract or any other basis, shall forfeit the service credit acquired under this section. Any member who qualifies under this section shall not receive temporary reemployment as an annuitant with the public agency from which he or she has received credit under this section for five years following the date of retirement. (g) No additional service credit shall be granted pursuant to this section on or after July 1, 1997. (Added by Slats. 1995, Ch. 379.) CITY COUNCIL RESOLUTION NO. 69-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1998-99 FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation were not made; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and • WHEREAS, the City Council adopted the original Operating and Capital Improvement Budgets on June 22, 1998 by adoption of Resolution No. 60-98; and WHEREAS, at their July 13, 1998 regular meeting, the City Council awarded the sum of $50,000 to Sequoia Affordable Housing Associates from the City's' Affordable Housing In - Lieu Account. NOW THEREFORE, BE IT RESOLVED that the operating budgets of the City of Morro Bay are amended by the addition of an appropriation of $50,000 from the Affordable Housing In -Lieu Account (Account Number 515-1111-2617). PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of July, 1998, by the following vote to wit: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None c CATHY NO AK, Mayor BRIDGET" BAUER, City Clerk my 15, IWt RESOLUTION NO.68-98 A RESOLUTION AWARDING CONTRACT FOR SERVICES TO CRAWFORD, MULTARI & CLARK ASSOCIATES FOR PREPARATION OF AN UPDATE AND CONSOLIDATION OF THE LOCAL COASTAL PROGRAM AND GENERAL PLAN THE CITY COUNCIL City of Mono Bay, California WHEREAS, the City Council has recognized the need to periodically review and update the Local Coastal Program and General Plan to reflect the ongoing and changing needs of the community; and WHEREAS, the City was successful in obtaining a Coastal Resources Grant in the amount of $65,000 from the Resources Agency of California to assist in funding a comprehensive update of the Local Coastal Program and General Plan; and • WHEREAS, upon completion of the agreement to receive the grant funds on April 3, 1998 the City solicited proposals for preparation of the update and consolidation of the Local Coastal Program and General Plan; and WHEREAS, three proposal were received on or before the submittal deadline of 5:00 p.m., May 22, 1998; and WHEREAS, said proposals were reviewed by a Selection Panel on June 26, 1998 and Crawford, Multari & Clark Associates (Consultant) has been determined to be the most qualified to perform the work; and WHEREAS, Consultant has the management and technical personnel, professional expertise and other assets to provide the requested services associated with the update and consolidation of the Local Coastal Program and General Plan; and WHEREAS, the City desires to retain Consultant to provide the requested services, and Consultant desires to provide said services. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mono Bay, California, to award the Contract for Services for the update and consolidation of the Local • Coastal Program and General Plan to Crawford, Multari & Clark Associates. City Council Resolution No. 68-98 Page 2 BE IT FURTHER RESOLVED, the City Manager is hereby directed to execute a Contract for Services with Crawford, Multari & Clark for the project described herein. PASSED, AND ADOPTED, by the City Council of the City of Morro Bay City, at a regular meeting held on this 13th day of July, 1998 by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None CATHYNOVAI ,Mayor ATTEST: • BRIDGETT YAUER, City Clerk ml:1 /15/9&\SAMSOFFICE\W INWORD\PLAN&BLD\RES-0RD\RES68-98.D0C 2 • RESOLUTION NO.67-98 APPROVAL OF $50,000 GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS AND AUTHORIZATION TO PURCHASE A BARE HULL FROM H&F CUSTOM BOATS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay Harbor Department is responsible for boating law enforcement and search and rescue operations within the City's jurisdiction; and, WHEREAS, patrol boat CF 1505 XC, a 1978 Radon, is no longer serviceable and needs to be replaced; and, WHEREAS, the Department of Boating and Waterways provides funding for local agencies to purchase and equip vessels however they will only fund purchase of aluminum hull vessels which are not suitable for the salt water environment, therefor the City has opted to purchase a bare hull and apply for a grant to outfit and equip the vessel; and WHEREAS, the City has located a suitable bare hull at a cost of approximately $10,000 with trade in of the 1978 Radon at H&F Custom Boats; and WHEREAS, the City's grant application for $50,000 to outfit and equip a new harbor patrol • vessel has been accepted and the grant contract must be executed by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Harbor Department is hereby authorized to surplus out as a trade in, CF 1505 CX, to H&F Custom Boats, and to purchase a bare hull from H&F Custom Boats with funding set aside in account 911-9814, Harbor Patrol Boat Replacement. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the grant contract with DB W to outfit and equip the harbor patrol vessel and that the Harbor Director is hereby authorized to act as the City's agent in regards to said contract. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13' day of July, 1998, by the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None 1 CATHY NOUK, MAYOR F��ud�e��t.1N VJO�.WI�/ BRIDGETTWUER, CITY CLERK 0 RESOLUTION NO. 66-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,1998 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON TUESDAY, NOVEMBER 3, 1998; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a regular general municipal election shall be held every two years for • the election of two (2) members of the City Council of said City for the full term of four years, and for the election of one (1) Mayor of the City Council of said City for the full term of two years; and WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is desirable that said general municipal election be consolidated with the statewide general election to be held on November 3, 1998 and that within the City of Morro Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the general municipal election and that said statewide general election and general municipal election be held in all respects as if there were only one election; and WHEREAS, pursuant to Elections Code Section 9222, the City Council may submit to the voters, without a petition therefor, a proposition for the enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be enacted accordingly. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mono Bay, California, as follows: 40 1. There is hereby called and ordered in the City of Mono Bay, County of San Luis Obispo, State of California, on Tuesday, November 3, 1998, a general municipal election of the qualified electors of the City, to be consolidated with the statewide Resolution No. 66-98 Page Two general election, to vote for the election of two (2) members of the City Council for the full term of four years, and for the election of one (1) Mayor of the City Council for the full term of two years; and 2. Pursuant to the requirement of Section 10403 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to the consolidation of the general municipal election with the statewide general election to be held on Tuesday, November 3, 1998; and 3. The County Clerk is hereby authorized to canvass the returns of said general municipal election to be consolidated with said statewide general election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and 4. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for holding of said consolidated election; and 5. The City of Morro Bay recognizes that additional costs will be incurred by the • County by reason of this consolidation and agrees to reimburse the County for any such costs attributed to Morro Bay's consolidation with the statewide general election; and 6. The City Council hereby determines if two or more persons running for the same City office receive an equal and highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot; and 7. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this Resolution with the San Luis Obispo County Clerk and the County Board of Supervisors. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of July, 1998 on the following vote: AYES: Anderson, Elliott, Peirce, Peters, Novak NOES: None ABSENT: None_ CATHY NOVA C, Mayor ATTEST: BRIDGET BAUER, City Clerk